constitution of Bologna would be in the opinion of another more correctly described as a modification of the constitution of Paris, and a development in the constitution of a University might be held to have altered its fundamental position and to transfer it from one class to another.

Where students legislated for themselves, their rules were neither numerous nor detailed. Our information about life in the student-universities is, therefore, comparatively small, and it is with the universities of masters that we shall be chiefly concerned. It is, however, essential to understand the powers acquired by the student-guilds at Bologna, the institutions of which were reproduced by most of the Italian universities, by those of Spain and Portugal, and, much less accurately, by the smaller universities of France.

CHAPTER II

LIFE IN THE STUDENT-UNIVERSITIES

The Universitates or guilds which were formed in the Studium Generale of Bologna were associations of foreign students. The lack of political unity in the Italian peninsula was one of the circumstances that led to the peculiar and characteristic constitution evolved by the Italian universities. A famous Studium in an Italian city state must of necessity attract a large proportion of foreign students. These foreign students had neither civil nor political rights; they were men "out of their own law," for whom the government under which they lived made small and uncertain provision. Their strength lay in their numbers, and in the effect which their presence produced upon the prosperity and the reputation of the town. They early recognised the necessity of union if full use was to be made of the offensive and defensive weapons they possessed. The men who came to study law at Bologna were not schoolboys; some of them were beneficed ecclesiastics, others were lawyers, and most of them were possessed of adequate means of living. The provisions of Roman Law favoured the creation of such protective guilds; the privileges and immunities of the clergy afforded an analogy for the claim of foreign students to possess laws of their own; and the threat of the secession of a large community was likely to render a city state amenable to argument. The growth of guilds or communities held together by common interests and safeguarded by solemn oaths is one of the features of European history of the twelfth and thirteenth centuries, and the students of Bologna took no unusual or extra-ordinary step when they formed their Universitates.

The distinction of students into "Nations," which is still preserved in some of the Scottish universities, is derived from this guild-forming movement at Bologna at the end of the twelfth and the beginning of the thirteenth century. No citizen of Bologna was permitted to be a member of a guild, the protection of which he did not require. The tendency at first was towards the formation of a number of Universitates, membership of which was decided by considerations of nationality. But the conditions which had led to the formation of these Universitates were also likely to produce some measure of unification, and the law-students at Bologna soon ceased to have more than two great guilds, distinguished on geographical principles as the Universitas Citramontanorum and the Universitas Ultramontanorum. Each was sub-divided into nations; the cis-Alpine University consisting of Lombards, Tuscans, and Romans, and the trans-Alpine University of a varying number, including a Spanish, a Gascon, a Provençal, a Norman, and an English nation. The three cis-Alpine nations were, of course, much more populous at Bologna than the dozen or more trans-Alpine nations, and they were therefore sub-divided into sections known as Consiliariae. The students of Arts and Medicine, who at first possessed no organisation of their own and were under the control of the great law-guilds, succeeded in the fourteenth century in establishing a new Universitas within the Studium. The influence of Medicine predominated, for the Arts course was, at Bologna, regarded as merely a preparation for the study of Law and, especially, of Medicine; but this third Universitas gave a definite status and definite rights to the students of Arts. In the same century the two jurist universities came to act together so constantly that they were, for practical purposes, united, so that, by the beginning of the fifteenth century, the Studium Generale of Bologna contained virtually two universities, one of Law, and the other of Arts and Medicine, governed by freely-elected rectors. The peculiar relations of Theology to the Studium and to the universities is a topic which belongs to constitutional history, and not to our special subject.

The universities of Bologna had to maintain a struggle with two other organisations, the guilds of masters and the authorities of this city state. They kept the first in subjection; they ultimately succumbed to the second. A guild of masters, doctors, or professors had existed in the Studium before the rise of the Universitates, and it survived with limited, but clearly defined, powers. The words "Doctor," "Professor," and "Magister" or "Dominus" were at first used indifferently, and a Master of Arts of a Scottish or a German University is still described on his diploma as a Doctor of Philosophy. The term "Master" was little used at Bologna, but it is convenient to employ "master" and "student" as the general terms for teacher and taught. The masters were the teachers of the Studium, and they protected their own interests by forming a guild the members of which, and they alone, had the right to teach. Graduation was originally admission into the guild of masters, and the chief privilege attached to it was the right to teach. This privilege ultimately became merely a theoretical right at Bologna, where the teachers tended to become a close corporation of professors, like the Senatus of a Scottish University.

The Guild or College of Masters who taught law in the Studium of Bologna naturally resented the rise of the universities of students. The doctors, they said, should elect the rectors, as they do at Paris. The scholars follow no trade, they are merely the pupils of those who do practise a profession, and they have no right to choose rulers for themselves any more than the apprentices of the skinners. The masters were citizens of Bologna, and it might be expected that the State would assist them in their struggle with a body of foreign apprentices; but the threat of migration turned the scales in favour of the students. There were no buildings and no endowments to render a migration difficult, and migration did from time to time take place. The masters themselves were dependent upon fees for their livelihood; they were, at Bologna, frequently laymen with no benefice to fall back upon, and with wives and children to maintain. As time went on and the teaching masters became a limited number of professors, they were given salaries, at first by the student-universities themselves and afterwards by the city, which feared to offend the student-universities. They thus passed, to a large extent, under the control of the universities; how far, we shall see as our story progresses. The city authorities tried ineffectually to curb the universities and to prevent migrations, but the students, with the support of the Papacy, succeeded in maintaining the strength of their organisations, and when, in the middle of the fourteenth century, secessions from Bologna came to an end, the students had obtained the recognition and most of the privileges they desired. In course of time the authority of the State increased at Bologna and elsewhere, bodies of Reformatores Studii came to be