(e) The Right of Teaching everywhere (Jus ubique docendi)
Masters and Doctors of the three leading universities, Paris, Bologna, and Oxford, were early recognized as qualified to teach anywhere without further examination, by virtue of the superior instruction given at those institutions. Their degrees were in strictness merely licenses to teach within the dioceses in which they were granted. The recognition of these licenses elsewhere grew up as a matter of custom, not by any express authorization. At least one other university (Padua, founded 1222) acquired the privilege in the same way. Later universities,—or the cities in which they were established,—desiring to gain equal prestige for their graduates, obtained from the Pope or from the Emperor of the Holy Roman Empire bulls conferring upon them the same privilege. Even Paris and Bologna formally received it from the Pope in 1292. "From this time the notion gradually gained ground that the jus ubique docendi was of the essence of a Studium Generale, and that no school which did not possess it could obtain it without a Bull from Emperor or Pope." "It was usually but not quite invariably, conferred in express terms by the original foundation-bulls; and was apparently understood to be involved in the mere act of erection even in the rare cases where it is not expressly conceded."[49] In practice, the graduates of almost all universities where subject to further examination in one Studium or another before being admitted to teach there, although the graduates of the leading universities may have been very generally received without such test. The privilege is more important in officially marking the rank of a school as a Studium Generale, i.e. a place of higher education, in which instruction was given, by a considerable number of masters, in at least one of the Faculties of Arts, Theology, Law, and Medicine, and to which students were attracted, or at least invited, from all countries.
The Bull granting the jus ubique docendi to Paris (Pope Nicholas IV, 1292) is here printed, although it is not the earliest example; a similar Bull was issued for Toulouse as early as 1233. The rhetorical introduction is omitted, as in most instances above.
Desiring, therefore, that the students in the field of knowledge in the city of Paris, may be stimulated to strive for the reward of a Mastership, and may be able to instruct, in the Faculties in which they have deserved to be adorned with a Master's chair, all those who come from all sides,—we decree, by this present letter, that whoever of our University in the aforesaid city shall have been examined and approved by those through whom, under Apostolic authority, the right to lecture is customarily bestowed on licentiates in said faculties, according to the custom heretofore observed there,—and who shall have from them license in the Faculty of Theology, or Canon Law, or Medicine, or the Liberal Arts,—shall thenceforward have authority to teach everywhere outside of the aforesaid city, free from examination or test, either public or private, or any other new regulation as to lecturing or teaching. Nor shall he be prohibited by anyone, all other customs and statutes to the contrary notwithstanding; and whether he wishes to lecture or not in the Faculties referred to, he shall nevertheless be regarded as a Doctor.[50]
(f) Privileges granted by a Municipality
Not infrequently mediaeval cities granted special privileges to universities and their members. These cities recognized the commercial and other advantages resulting from the presence of a large body of students within their gates, and made substantial concessions to retain them, or to secure the settlement of a university which might be migrating from some other city. Instances of the latter kind are numerous in the free cities of Italy. These privileges included very ample legal jurisdiction by the Rector of the university in cases affecting scholars, payment of professors' salaries by the city, exemption from taxes, loans to scholars at a low rate of interest, and guarantees against extortionate prices for food and other necessaries.
1. The following examples are cited, among many others in the statutes of the city of Padua:
The town of Padua binds itself to make loans to scholars, according to the quality of the scholars, upon good and sufficient securities or bonds worth a third more than the loan, and upon the oath and promise of the scholars that they accept the loan on their own account and for their own use in meeting their personal expenses and not for any other person or persons or for the use of others. (1260 A.D.)
Every six months the Chief Magistrate of Padua shall appoint two money lenders for the scholars,—judges or laymen at the will of the Rector of the scholars—who shall have charge of the town's money that is to be loaned to the scholars. And they shall, in the name of the town, make loans to the scholars in accordance with the statutes and the agreement of the scholars, and at their own risk entirely, so that the town of Padua shall not incur loss. And the money lenders shall themselves deposit in the town treasury good and sufficient security as to this. (1268.)
Scholars shall be regarded as citizens with regard to matters advantageous, but not with regard to matters disadvantageous to them. (1261.)