Part 10 (2/2)
And furthere, and that the same es, dignities, and ies, and European universities, We do grant, enact, ordain, and declare, and it is hereby granted, enacted, ordained, and declared, That the College estate, the estates, persons, and fa, lying, and being within the Colony, with the persons of the Tutors and students, during their residence at the College, shall be freed and exe on juries, and menial services: And that the persons aforesaid shall be exe arms, impresses, and military services, except in case of an invasion[54]
Exes,” and from ”military services, except in case of an invasion,” is not included in the list of privileges cited in the preceding sections, but it was often conferred on mediaeval universities in almost the exact terms of these charters
5 THE INITIATIVE OF CIVIL OR ECCLESIASTICAL POWERS
Many universities originated without the express initiative of any civil or ecclesiastical power They either grew up slowly, as in the cases of Bologna and Paris, or established theration of students from some other university, as in the cases of Padua, Vercelli, and Leipzig; but in either event the charters which gave the froranted after, rather than before, athered for their work
The cases in whichbodies of students, before their co, are not included in the above statement
In some instances, however, civil and ecclesiastical authorities took the initiative A other examples of universities established directly by them may be cited Naples, founded by Eory IX, 1230, 1233; Prague, by Eland, 1432 The motives which led to this action were, on the one hand, the desire of political powers for the support of learned men, especially lawyers; and, on the other, the desire of the papacy for the ation of the Catholic faith[55]
The political motive appears in the Letters-patent of Henry VI for Caen, 1432:
It befits Royal Highness to govern with due nificence the peoples subject to him in times of wars and of peace, to the end that they may be defended valorously and constantly fros offered theh laws and active justice, by securing to each ard to the common interests For we think that this sort of justice, so excellent and advantageous, can never be practiced without the industry of , steeped in laws, divine and hudom of France happily abounded in such men; butprocess of tih the disturbances of civil war, and again through deadly pestilence, and finally through the various butcheries of hty famine--Alas! the pity of it!--has now been so shaken that scarcely can a sufficient number of sound justices be found in reat difficulty and personal peril, in acquiring securely knowledge and advancedoreater inconveniences unless a wholesome remedy be shortly provided
We therefore, by our special favor, royal authority and plenary poith the advice and consent of our distinguished Uncle John, governor and regent of our aforesaid kingdom of France and Duke of Bedford, and other nobles of our race, and of reat council, do constitute, place, establish, found, and ordain forever by these present letters, a Studium Generale in our city of Caen, in the Diocese of Bayeux [Noroverndom, for the reason that no university exists within his jurisdiction in France, and for the preservation of the study of law:
We therefore, ith extreoverned with justice and equity, and restored so far as we shall be able with God's help [to restore it] to its pristine glory, [establish this university]
attentively considering the fact that no Studium in Civil Law has been established in our jurisdictions in France, and in the duchies of Norne and Flanders, the county of Picardy, and sodom itself that are united in loyalty and obedience to us [We do this] in order that the study of Civil Laws e of the State, but [that it] lory, and the glory of our aforesaid Kingdoe to future times
The city of Caen is selected for the location of the university because of its favorable position, character, and surroundings It is
A city, forsooth, suitable, quiet, and safe, becoly adorned with noted monasteries, fraternities, cloisters, and hoious bodies; with an overflowing population of mild-dispositioned, obedient, and devout people; [a city] fit also because of its varied supply of food and other things adapted to the needs of the human race; prosperous and well-disposed, situated on fertile soil, and near the sea, so that students, and ether there frorants to the university--in order to establish its prestige--all the privileges granted by royal authority to any other university in France:
And, that the Doctors, Licentiates, Bachelors, students, and dependents of the aforesaid university, and their households and domestic servants, may be able the more freely and quietly to devote themselves to letters and scholastic deeds, ill, by our royal authority and plenary power, bestow upon these same Doctors, Licentiates, Bachelors, students, dependents, households, and does, franchises, and liberties as have been granted, given, and bestowed by our predecessors the kings of France upon the rest of the universities of our kingdoe of a special judge for cases affecting members of the university:
And as Conservator of these [privileges] henceforth, we depute and appoint our Bailiff of Caen now in office, and his successors or whoever n by these present letters the hearing, determination, and final decision of cases and real actions [cases relating to conveyances of property] relating to persons and property, against all persons whatsoever whoin our said Duchy of Normandy, or who may possess property there, either ecclesiastical or secular, if any action arises with regard to them, whether of offence or defence
We co their places, one and all, to obey and to support efficiently the said Bailiff, the Conservator, or whoever holds his place, in the matters prescribed above, and such as are connected therewith
And that the foregoing regulations th and firmness we have caused the present letters to be secured by the affixing of our seal[56]
FOOTNOTES:
[Footnote 4: History of my Calamities, _lc_ p 4]
[Footnote 5: McCabe, _Abelard_, pp 75, 76, 78]
[Footnote 6: _lc_ p 82]