II. The _Digest_, in fifty books, containing pertinent extracts from the opinions of celebrated Roman lawyers;

III. The _Inst.i.tutes_, in four books, being an elementary textbook on the law for the use of students;

IV. The _Novellae_, or new Statutes, the final edition of which was issued in 565, and included the laws from 533 on. This was preserved and used in the East, but came too late to be of much service to the Western Empire.

[18] The subdivisions were as follows: I. Contained 106 "distinctions,"

relating to ecclesiastical persons and affairs. II. Contained 36 "distinctions," relating to problems arising in the administration of canon law. III. Contained 5 "distinctions," relating to the ritual and sacraments of the Church.

[19] The additions were:

I. The _Decretals_ of Pope Gregory IX, issued in 1234, in five books.

II. A Supplement to the above by Pope Boniface VIII (_Liber s.e.xtus_), issued in 1298.

III. The _Const.i.tutions_ of Clementine, issued in 1317.

IV. Several additions of Papal Laws, not included in any of the above.

[20] He held that the body contained four humors--blood, phlegm, yellow bile, and black bile. Disease was caused by an undue acc.u.mulation of some one of the four. Hence the office of the physician was to reduce this acc.u.mulation by some means such as blood-letting, purging, blisters, diaph.o.r.etics, etc. In the monastery of Saint Gall (see Diagram, R. 69) a blood-letting room was a part of the establishment, and this practice was continued until well into the nineteenth century.

[21] Galen was born at Pergamon, in the reign of the Emperor Hadrian. He studied medicine at Pergamon, Smyrna, and Alexandria, and for a time lived in Rome. Returning to Pergamon he was appointed physician to the athletes in the gymnasium there. He later went back to Rome and became physician to the Emperor Marcus Aurelius. He is credited with five hundred works on literature, philosophy, and medicine, one hundred and eighteen of which have survived. In medicine he wrote on anatomy, physiology, diagnosis, pathology, therapeutics, materia medica, surgery, hygiene, and dietetics.

He was the first to use the pulse as a means of detecting physical condition.

[22] Saint Augustine, _The City of G.o.d_, book xxii, chap. 24.

[23] Often spoken of as Constantius Africa.n.u.s. It is recorded that he studied the arts in Babylon, visited Egypt and India, and returned to his home in Carthage one of the most learned men of his age. Suspected of dealings with the Devil he fled to Salernum (c. 1065), taught there for many years, published many medical works of his own, and finally retired to the monastery of Monte Ca.s.sino, dying there in 1087.

[24] In 1064 a company of seven thousand is said to have started for the Holy Land.

[25] Adams, G. B., _Civilization during the Middle Ages_, 2d ed., p. 261.

[26] "From Clermont the enthusiasm spread over France like wildfire.

Stirring preachers, whereof the most notable was Peter the Hermit, set all France, peasant and n.o.ble, to arming. It was the old gospel of Mohammed recast in Christian guise:--pardon for sin and the spoils of the infidel if victorious!--a swift road to heaven if slain in the battle! Pressed with this hope and enthusiasm, armies to be reckoned by the hundreds of thousands were launched upon the East." (Davis, W. S., _Mediaeval and Modern Europe_, p. 95).

[27] Of the thousands of petty lords and knights who went to the hot East, clad in the heavy armor of northern Europe, large numbers left their bones along the way or in the Syrian sands, and the landholdings at home reverted to the Crown. This was a crushing blow to the old feudal regime, advanced the cause of civilization, and helped in the rise of the modern nations. Especially was this true in France and England, whose knights went in large numbers to the East. In Germany the knights and n.o.bles, as a cla.s.s, refused to have anything to do with the Crusades, and hence they were not killed off or impoverished, but remained to rule and multiply and be troublesome. This is one reason for the much earlier rise and greater strength of French than German nationality, and one reason why Germany has been so much slower than France and England in developing a democratic type of civilization.

[28] "As presented to the eye, a typical mediaeval city would be a remarkable sight. Its extent would be small, both because of the limited population, and the need of making the circuit of the walls to be defended as short as possible; but within these walls the huge, many-storied houses would be wedged closely together. The narrow streets would be dirty and ill-paved--often beset by pigs in lieu of scavengers; but everywhere there would be bustling human life with every citizen elbowing close to everybody else. Out of the foul streets here and there would rise parish churches of marvelous architecture, and in the center of the town extended the great square--market-place--where the open-air markets would be held, and close by it, dwarfing the lesser churches, the tall gray cathedral-- the pride of the community; close by, also, the City Hall, an elegant secular edifice, where the council met, where the great public feasts could take place, and above which rose the mighty belfry, whence clanged the great alarm-bell to call the citizens together in ma.s.s meeting, or to don armor and man the walls." (Davis, W. S., _Mediaeval and Modern Europe_, p. 146.)

[29] In Italy, in particular, the cities became strong and powerful, and eventually overthrew the rule of the bishops and defeated the German Emperor, Frederick I, in a long battle to preserve their independence. In Flanders such cities as Ypres, Bruges, and Ghent, came to dominate there.

In 1302 their burghers defeated the French army; and in the sixteenth century they helped to break the autocratic power of Spain in a great struggle for human and civic freedom. By the thirteenth century Hamburg, Lubeck, Bremen, Augsburg, and Nuremburg were important commercial cities in Germany.

[30] They came there because, due to their plundering and murdering proclivities, Venice forbade her merchants to go to them.

[31] So poor were the mediaeval bridges that the old prayer-books contained formulas for "commending one's soul to G.o.d ere starting to cross a bridge."

[32] The peasants were of two cla.s.ses: (1) serfs, who were not free and who were attached to the soil, but unlike slaves had plots of land of their own and could not be sold off the land; and (2) villeins, who were personally free, but still were bound to their lord for much menial service and for many payments in produce and money.

[33] The Church originally held many serfs and villeins, as did the n.o.bles. It began the process of setting them free, encouraging others to do likewise. In time it became common, as it did in our Southern States before the Civil War, for n.o.bles in dying to set free a certain number of their serfs and villeins. These went as free men to the rising cities.

[34] The mediaeval guild was an important inst.i.tution, and the guild idea was applied to many forms of mediaeval a.s.sociations. Thus we read of guilds of notaries in Florence, pleaders' and attorneys' guilds in London, medical guilds and barber-surgeons' guilds in various cities, and of the book-writers-and-sellers' guild in Paris. In a religious pageant given at York, England, on Corpus Christi Day, 1415, fifty-one different local guilds presented each a scene. (See Cheyney, E. P., _English Towns and Gilds._, Pa. Sources, vol. II, no. I.)

[35] "The ready money of the merchant was as effective a weapon as the sword of the n.o.ble, or the spiritual arms of the Church. Very speedily, also, the men of the cities began to seize upon one of the weapons which up to that time had been the exclusive possession of the Church, and one of the main sources of its power,--knowledge and intellectual training.

With these two weapons in its hands, wealth and knowledge, the Third Estate forced its way into influence, and compelled the other two (Estates) to recognize it as a partner with themselves in the management of public concerns." (Adams, G. B., _Civilization during the Middle Ages_, 2d ed. p. 299.)

[36] In Hamburg, for example, the city council established four writing schools in 1402, to which the church authorities objected. The council refused to give them up, and for this was laid under the ban of the Church, compelled to recede, admit that it had no right to establish such schools, and pay the costs involved in the contest.

[37] For example, the three most widely read books of the thirteenth century were _Reynard the Fox_, a profoundly humorous animal epic; _The Golden Legend_, which so deeply impressed Longfellow; and the _Romance of the Rose_, for three centuries the most read book in Europe.

[38] Despite all the criticisms one may offer against business, commerce has always been a great civilizing force. While not anxious to pay heavy taxes, the merchant has always been willing to pay what has been necessary to support a public power capable of maintaining order and security for property. Feudal turmoil, private warfare, and plundering are deadly foes of commerce, and these have come to an end where commerce and industry have gained the ascendant.

[39] As a rule a master craftsman might teach his trade to all his sons, but could have only one other apprentice who received board, lodging, clothing, and training, as one of the family. The guild still supervised the apprentice, protecting him from bad usage or defective training by the master.

[40] This required the production of a "masterpiece." This piece of work had to be produced to prove high competency. For example, in the shoemakers' guild of Paris, a pair of boots, three pairs of shoes, and a pair of slippers, all done in the best possible manner, were required.

[41] Of thirty-three guilds investigated by Leach, all maintained song schools, and twenty-eight maintained a grammar school as well. In London, Merchant Taylors' School, Stationers' School, and the Mercers' School are present-day survivals of these ancient guild foundations.

CHAPTER IX

[1] By the twelfth century the cathedral schools had pa.s.sed the monastic schools in importance, and had obtained a lead which they were ever after to retain (R. 71).

[2] As contrasted with the monasteries, which were under a "Rule." The opportunities offered by such open inst.i.tutions in the Middle Ages can hardly be overestimated.

[3] Frederick I, of the mediaeval Holy Roman Empire of Germany and Italy.

[4] "No individual during the Middle Ages was secure in his rights, even of life or property, certainly not in the enjoyment of ordinary freedom, unless protected by specific guarantees secured from some organization.

Politically, one must owe allegiance to some feudal lord from whom protection was received; economically, one must secure his rights through merchant or craft guild; intellectual interests and educational activities were secured and controlled by the Church." (Monroe, P., _Text Book in the History of Education_, p. 317.)

[5] At first the older inst.i.tutions organized themselves without charter, securing this later, while the inst.i.tutions founded after 1300 usually began with a charter from pope or king, and sometimes from both (R. 100).

[6] The degree of master was originally the license to practice the teaching trade, and a.n.a.logous to a master shoemaker, goldsmith, or other master craftsmen.

[7] "The universities, then, at their origins, were merely academic a.s.sociations, a.n.a.logous, as societies of mutual guaranty, to the corporations of working men, the commercial leagues, the trade-guilds which were playing so great a part at the same epoch; a.n.a.logous also, by the privileges granted to them, to the munic.i.p.al a.s.sociations and political communities that date from the same time." (Compayre, G., _Abelard and the Rise of the Universities_, p. 33.)

[8] "M. Bimbenet, in his _History of the University of Orleans_ (Paris, 1853) reproduces several articles from the statutes of the guilds, the provisions of which are identical with those contained in the statutes of the universities." (_Ibid._, p. 35.)

[9] Bologna and Paris were the great "master" universities of the thirteenth century, while those founded on a model of either were more in the nature of "journeymen" inst.i.tutions.

[10] Between 1600 and 1700, although most of the cities capable of supporting universities were provided with them, twenty-one more were created, chiefly in Germany and Holland. The first American university (Harvard) was established in 1636, and the second (Yale) in 1702. In the eighteenth and nineteenth centuries, without counting the United States or any western-hemisphere country, forty more were created. Among the important nineteenth-century creations were Berlin, 1810; Christiana, 1811; St. Petersburg, 1819; Brussels, 1834; London, 1836; and Athens, 1836.

[11] See Compayre, G., _Abelard_, pp. 87-90 for list of these "strikes."

[12] "It is impossible to fix the period at which the system of degrees began to be organized. Things were done slowly. At the outset, and until towards the end of the twelfth century, there existed nothing resembling a real conferring of degrees in the rising universities. In order to teach it was necessary to have a respondent, a master authorized by age and knowledge....

"The 'license to teach,' nevertheless, became by slow degrees, as master and pupils multiplied, a preliminary condition of teaching, a sort of diploma more and more requisite, and of which the bishops (or their representatives, the chancellors) were the dispensers. Up to the fourteenth century there was hardly any other clearly-defined university t.i.tle." (Compayre, G., _Abelard_, pp. 142-43.)

[13] "It is manifest that the universities borrowed from the industrial corporations their 'companionships,' their 'masterships,' and even their banquets; a great repast being the ordinary sequel of the reception of the baccalaureate or doctorate." (Compayre, G., _Abelard_, p. 141.)

[14] The term professor has become general in its significance, and is used in all countries. In England the term master was retained for the higher degree, while in Germany the term doctor was retained, and the doctorate made their one degree. America followed the English plan in the establishment of the early colleges, and the degree of A.B. and A.M. were provided for. Later, when the German university influence became prominent in the United States, the doctor's degree was superimposed on the English plan.

[15] At Paris, for example, there were four nations--France, Picardy, Normandy, and England. These were again divided into tribes, as for example, there were five tribes of the French--Paris, Sens, Rheims, Tours, and Bourges. Orleans had ten nations--France, Germany, Lorraine, Burgundy, Champagne, Picardy, Normandy, Touraine, Guyenne, and Scotland. In those days these represented separate nationalities, who little understood one another, and carried their constant quarrels up to the very lecture benches of the professors.