A Source Book of Mediæval History / Documents Illustrative of European Life and Institutions from the German Invasions to the Renaissance

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61. The Foundation of the University of Heidelberg (1386)

Until the middle of the fourteenth century Germany possessed no university. In the earlier mediæval period, when palace and monastic schools were multiplying in France, Italy, and England, German culture was too backward to permit of a similar movement beyond the Rhine; and later, when in other countries universities were springing into prosperity, political dissensions long continued to thwart such enterprises among the Germans. Germany was not untouched by the intellectual movements of the twelfth and thirteenth centuries, but her young men were obliged to seek their learning at Oxford or Paris or Bologna. The first German university was that of Prague, in Bohemia, founded by Emperor Charles IV., a contemporary of Petrarch, and chartered in 1348. Once begun, the work of establishing such institutions went on rapidly, until ere long every principality of note had its own university. Vienna was founded in 1365, Erfurt was given papal sanction in 1379, Heidelberg was established in 1386, and Cologne followed in 1388. The document given below is the charter of privileges issued for Heidelberg in October, 1386, by the founder, Rupert I., Count Palatine of the Rhine. Marsilius Inghen became the first rector of the university. He and two other masters began lecturing October 19, 1386—one on logic, another on the epistle to Titus, the third on the philosophy of Aristotle. Within four years over a thousand students had been in attendance at the university.

Source—Text in Edward Winkelmann, Urkundenbuch der Universität Heidelberg ["Cartulary of the University of Heidelberg">[, Heidelberg, 1886, Vol. I., pp. 5-6. Translated in Ernest F. Henderson, Select Historical Documents of the Middle Ages (London, 1896), pp. 262-266.

1. We, Rupert the elder, by the grace of God count palatine of the Rhine, elector of the Holy Empire,[505] and duke of Bavaria,—lest we seem to abuse the privilege conceded to us by the apostolic see of founding a place of study at Heidelberg similar to that at Paris, and lest, for this reason, being subjected to the divine judgment, we should deserve to be deprived of the privilege granted—do decree, with provident counsel (which decree is to be observed unto all time), that the University of Heidelberg shall be ruled, disposed, and regulated according to the modes and manners accustomed to be observed in the University The university to be organized on the model of Paris of Paris.[506] Also that, as a handmaid of Paris—a worthy one let us hope—the latter's steps shall be imitated in every way possible; so that, namely, there shall be four faculties in it: the first, of sacred theology and divinity; the second, of canon and civil law, which, by reason of their similarity, we think best to comprise under one faculty; the third, of medicine; the fourth, of liberal arts—of the three-fold philosophy, namely, primal, natural, and moral, three mutually subservient daughters.[507] We wish this institution to be divided and marked out into four nations, as it is at Paris;[508] and that all these faculties shall make one university, and that to it the individual students, in whatever of the said faculties they are, shall unitedly belong like lawful sons to one mother.

Likewise [we desire] that this university shall be governed by one rector,[509] and that the various masters and teachers, before they are admitted to the common pursuits of our institution, shall swear to observe the statutes, laws, privileges, liberties, and franchises of the same, and not reveal its secrets, to whatever grade they may rise. Also that they will uphold the honor of the rector and the rectorship of our university, and will obey The obligations of the masters the rector in all things lawful and honest, whatever be the grade to which they may afterwards happen to be promoted. Moreover, that the various masters and bachelors shall read their lectures and exercise their scholastic functions and go about in caps and gowns of a uniform and similar nature, according as has been observed at Paris up to this time in the different faculties.

And we will that if any faculty, nation, or person shall oppose the aforesaid regulations, or stubbornly refuse to obey them, or any one of them—which God forbid—from that time forward that same faculty, nation, or person, if it do not desist upon being warned, shall be deprived of all connection with our aforesaid institution, and shall not have the benefit of our defense or Internal government of the university further provided for protection. Moreover, we will and ordain that as the university as a whole may do for those assembled here and subject to it, so each faculty, nation, or province of it may enact lawful statutes, such as are suitable to its needs, provided that through them, or any one of them, no prejudice is done to the above regulations and to our institution, and that no kind of impediment arise from them. And we will that when the separate bodies shall have passed the statutes for their own observance, they may make them perpetually binding on those subject to them and on their successors. And as in the University of Paris the various servants of the institution have the benefit of the various privileges which its masters and scholars enjoy, so in starting our institution in Heidelberg, we grant, with even greater liberality, through these presents, that all the servants, i.e., its pedells,[510] librarians, lower officials, preparers of parchment, scribes, illuminators and others who serve it, may each and all, without fraud, enjoy in it the same privileges, franchises, immunities and liberties with which its masters or scholars are now or shall hereafter be endowed.

2. Lest in the new community of the city of Heidelberg, their misdeeds being unpunished, there be an incentive to the scholars of doing wrong, we ordain, with provident counsel, by these presents, that the bishop of Worms, as judge ordinary of the clerks of our institution, shall have and possess, now and hereafter while our institution shall last, prisons, and an office in our town of Heidelberg for the detention of criminal clerks. These The jurisdiction of the bishop of Worms things we have seen fit to grant to him and his successors, adding these conditions: that he shall permit no clerk to be arrested unless for a misdemeanor; that he shall restore any one detained for such fault, or for any light offense, to his master, or to the rector if the latter asks for him, a promise having been given that the culprit will appear in court and that the rector or master will answer for him if the injured parties should go to law about the matter. Furthermore, that, on being requested, he will restore a clerk arrested for a crime on slight evidence, upon receiving a sufficient pledge—sponsors if the prisoner can obtain them, otherwise an oath if he cannot obtain sponsors—to the effect that he will answer in court the charges against him; and in all these things there shall be no pecuniary exactions, except that the clerk shall give satisfaction, Conditions of imprisonment reasonably and according to the rule of the aforementioned town, for the expenses which he incurred while in prison. And we desire that he will detain honestly and without serious injury a criminal clerk thus arrested for a crime where the suspicion is grave and strong, until the truth can be found out concerning the deed of which he is suspected. And he shall not for any cause, moreover, take away any clerk from our aforesaid town, or permit him to be taken away, unless the proper observances have been followed, and he has been condemned by judicial sentence to perpetual imprisonment for a crime.

We command our advocate and bailiff and their servants in our aforesaid town, under pain of losing their offices and our favor, not to lay a detaining hand on any master or scholar of our said institution, nor to arrest him or allow him to be Limitations upon power to arrest students arrested, unless the deed be such that that master or scholar ought rightly to be detained. He shall be restored to his rector or master, if he is held for a slight cause, provided he will swear and promise to appear in court concerning the matter; and we decree that a slight fault is one for which a layman, if he had committed it, ought to have been condemned to a light pecuniary fine. Likewise, if the master or scholar detained be found gravely or strongly suspected of the crime, we command that he be handed over by our officials to the bishop or to his representative in our said town, to be kept in custody.

3. By the tenor of these presents we grant to each and all the masters and scholars that, when they come to the said institution, while they remain there, and also when they return from it to their homes, they may freely carry with them, both coming and going, throughout all the lands subject to us, all things which they need while pursuing their studies, and all the Students exempted from various imposts goods necessary for their support, without any duty, levy, imposts, tolls, excises, or other exactions whatever. And we wish them and each one of them, to be free from the aforesaid imposts when purchasing corn, wines, meat, fish, clothes and all things necessary for their living and for their rank. And we decree that the scholars from their stock in hand of provisions, if there remain over one or two wagonloads of wine without their having practised deception, may, after the feast of Easter of that year, sell it at wholesale without paying impost. We grant to them, moreover, that each day the scholars, of themselves or through their servants, may be allowed to buy in the town of Heidelberg, at the accustomed hour, freely and without impediment or hurtful delay, any eatables or other necessaries of life.

4. Lest the masters and scholars of our institution of Heidelberg may be oppressed by the citizens, moved by avarice, through extortionate prices of lodgings, we have seen fit to decree that henceforth each year, after Christmas, one expert from the university on the part of the scholars, and one prudent, How rates for lodging should be fixed pious, and circumspect citizen on the part of the citizens, shall be authorized to determine the price of the students' lodgings. Moreover, we will and decree that the various masters and scholars shall, through our bailiff, our judge and the officials subject to us, be defended and maintained in the quiet possession of the lodgings given to them free or of those for which they pay rent. Moreover, by the tenor of these presents, we grant to the rector and the university, or to those designated by them, entire jurisdiction concerning the payment of rents for the lodgings occupied by the students, concerning the making and buying of books, and the borrowing of money for other purposes by the scholars of our institution; also concerning the payment of assessments, together with everything that arises from, depends upon, and is connected with these.