Readings in the History of Education: Mediaeval Universities

by Arthur O. Norton

(4) The Novellae (Novels), or new statutes issued by Justinian between the final edition of the Code and his death (534-565). These are really a continuation of the Code, but they were never officially collected.

The Code and the Institutes were known and studied in Italy throughout the Dark Ages, but the Digest, much the largest and most important part of the Corpus Juris, was almost wholly neglected, if not unknown, until the time of Irnerius of Bologna (c. 1070-1130). He and his co-laborers collected and arranged the scattered parts of the entire Body of Civil Law, and in particular introduced the Digest to western Europe. "Without the Digest the study of Roman Law was in a worse position than the study of Aristotle when he was known only from the Organon." In a most important sense, therefore, the recovery of the Corpus Juris was a contribution of the twelfth century to the group of available higher studies. Hitherto Law had been taught usually as a mere branch of Rhetoric, and as a part of a liberal education. The body of material now made available was sufficient to occupy the student's entire time for several years. It therefore attained standing as an independent subject, and as a distinctly professional study.

The effect of this newly recovered body of learning upon the rise of universities was very much like that of Abelard and his new method. Students flocked in thousands to study law at Bologna, and toward the close of the twelfth century the University was organized. Numerous other universities arose directly from the same impulse, and "Law was the leading Faculty in by far the greater number of mediaeval universities" (Rashdall). Except for Canon Law, the Corpus Juris Civilis remained the chief study of the Faculties of Law for more than five centuries. Roman Law is still very generally taught in European universities. Thus the impulse given by Irnerius and his co-laborers is influential in university affairs of to-day.

The influence of Roman Law upon the social and political history of Europe is far-reaching. The subject is beyond the limits of the present work; but it is to be noted that this influence was exerted as a result of its study in the universities (see Rashdall, Vol. II, Pt. II, pp. 708-709).

Rashdall and Denifle think that the example of Justinian inspired the first mediaeval grant of special privileges to scholars (see p. 82). If this is true, the Roman Law had a most important effect upon the history of universities themselves. Two important mediaeval privileges for masters and scholars were exemption from taxation and the right of trial before special courts. Whether or not these were copied from the Roman Law is a question; but the Code of Justinian, following the statutes of earlier emperors, explicitly grants both of these privileges to teachers. These are so often mentioned that it is worth while to present those bearing on the subject:

THE EMPERORS LEO AND ZENO, AUGUSTI, TO EUSEBIUS, MASTER OF OFFICES.

By this law we decree that those who serve in the individual schools, and who, after completing the curricula of their duties, shall have reached the rank of chiefs and through the adored purple of our divinity have won the dignity of most illustrious Counts, shall enjoy both the girdle and all the privileges open to them, and hereafter to their life's end shall be subject to the court of Your Highness only, nor shall they be compelled by the command of any one else whomsoever to undergo civil litigation.

Yet in criminal suits and in matters connected with public tribute we wish the appropriate jurisdiction of the rulers of the provinces to be recognized against even such men, lest, under the pretext of a granted privilege, either the influence of the wicked be increased or the public good be diminished.[29]

THE EMPEROR CONSTANTINE, AUGUSTUS, TO THE PEOPLE.

We direct that physicians, and chiefly imperial physicians, and ex-imperial physicians, grammarians and other professors of letters, together with their wives and sons, and whatever property they possess in their own cities, be immune from all payment of taxes and from all civil or public duties, and that in the provinces they shall not have strangers quartered on them, or perform any official duties, or be brought into court, or be subject to legal process, or suffer injustice; and if any one harass them he shall be punished at the discretion of the Judge. We also command that their salaries and fees be paid, so that they may more readily instruct many in liberal studies and the above mentioned Arts.