Parisian Masters as a Corporation, 1200-1246 Gaines Post Speculum, Vol. 9, No. 4 (Oct., 1934), 421-445. Stable URL http: flinks.jstor-org/sicisici=0038-7134% 281934 10% 299%3A4% 3C421%3APMAACI%3E2, CO%3B2-D Speculum is currently published by Medieval Academy of America Your use of the ISTOR archive indicates your acceptance of JSTOR's Terms and Conditions of Use, available at hup:/www,jstororglabout/terms.hml. ISTOR’s Terms and Conditions of Use provides, in part, that unless you have obtained prior permission, you may not download an entire issue of a journal or multiple copies of articles, and you may use content in the JSTOR archive only for your personal, non-commercial use. Please contact the publisher regarding any further use of this work. Publisher contact information may be obtained at hhupulwww.jstor.org/journals’medacad.html. ch copy of any part of'a JSTOR transmission must contain the same copyright notice that appears on the sereen or printed page of such transmission, ISTOR is an independent not-for-profit organization dedicated to creating and preserving a digital archive of scholarly journals. For more information regarding JSTOR, please contact support @ jstor.org. hupulwww jstor.org/ Sun Jun 19 05:43:58 2005,Parisian Masters as a Corporation 421 time did moons 16-82 receive official sanction (except under Symmachus), al- though, because of the errors of Victorius, the moon marked 22 was sometimes observed. The recurring errors necessitated a remedy, which was found in the Dionysiac tables. These tables did not, to our knowledge, receive the official sanction of Rome, but spread by a slow and natural circulation, pethap from Italy through Africa and Spain into France and England, and gradually sup- planted for practical purposes the Victorian tables, although in theory there was no difference between them. The earliest positive records we have of their appear anee are in Ttaly in 562, in Spain in 627, in Ireland in 631, and in some unknown region in 616; but there are many indications that they had found their way about these countries some time before. Onenuin Course. PARISIAN MASTERS AS A CORPORATION, 1200-1246" Br GAINES POST Iv ture first half of the thirteenth century the masters inthe schools at Paris won measurably in a struggle for corporate freedom from the direct control of the cathedral chapter and the bishop. Whether they could form a corporation was a ‘matter of doubt to canonists in the second decade of the century that they could do so was still a source of mild surprise a generation later.’ When they received, during the struggle for autonomy, legal recognition as a corporation is even now a subject of controversy.‘ The problem of the rise of the corporation or universilas + 1 wish to acknowledge here my debt to Profesor F. M. Powicke (the first volume of his second edition of H. Rashdall's Unieritiee will soon appent for his suggestions and corrections Johannes Teutonicas, gloss ad v. de ture communi (Compilatio IV, 1.1, t. De procuratoribus, 856 7, x, 1,38) "Dubitationis causa hee fit [whether the solar at Pars could elect procurators ad Litem), quia solares non videnturconsituere universitatem, cum causem vel ius universatis non sint a principe eonseeuti..." (Bamberg, MS. Can, 23, fol. 12"). He eonchudes that they could; see below, where I discus the question of procurston,p. 8, n. 1 Henry of Sus (Hostienss), Summa super Titulis Decrtatium (Eichstadt; Reyser, 1478) 1. vs t. De mayatrie: Pozzo si universitas magistrorum et sclarium consideretur, cet est quod sing lasium seientiarum modi et studia sunt divers, et tamen tum corpus faciunt, et instnul coherent, ct insimul coniunguatr.” ‘ Neary ity years ago appeared the theory of Father H.Denifl, thatthe esental University of Paris, thesocety of masters, was flourishing by 1200, and thats corporation of students was legally recognized by 1215, Die Enttchung der Universitat dea Mitlaltoe is 1400, + (Berlin, 1885), 63-131, (68, 76-8, 86-88, 91, 129-131; ef Denile and B. Chatelain, Chartalarivm Universitatis Parisionce, 1 (Paris, 1880), ix f. Ten years later his conclusions were on the whole acepted by H. Rashdall, The Universities of Europe inthe Middle Age, t (Oxford, 1895), 88, 29-825. Four years ago, how ‘ever, M. Louis Halphen reconsidered the problem and concluded thatthe corporation was not Fully and detnitively recognized by the papaey until 1231-1246, ‘Les Débuts de Universite de Paris” Studi Matieai, Nuoea Seri, (1929), 194-190; Les Universites au XIMe Sick RerueHiddoriqus, ‘xxv (1981), 288; and I’ Estr de Europe (Peuples Civilizations, vt, Pati: Flix Alean, 1082), p 822—here M. Halphen sem to recognize the University as existing before 1251, but only as an ‘association générale’ and asa ‘olectivt” not ns Fally legal corporation, This divergence in opin {ons is largely a result of diferent conceptions ofa corporation inthe fst bal of the thirteenth cen tury, Denifleand Rashdall tend to accept asa legal corporation ane which acts such before it has422 Parisian Masters as a Corporation of masters at Paris therefore merits reconsideration. How and when the new cor- poration appeared and became legal can be understood only after a eareful study of contemporary theories and definitions and of the extent to which the body of masters, in the terminology of the period, in their functions and organization, in their legal competency (through procuration) in the procedure of ecclesiastical courts,* and in the recognition of their colleetivity by the papaey, corresponded to a corporation in thirteenth century thought and practice. 1. THEORIES AND DEFINITIONS In general, the conceptions of a corporation held by civil and canon lawyers of the thirteenth century were lacking in precision.* A corporation might be called a corpus, universitas, communitas, collegium, societas,? or even (by Pillius) a eon- sortium or schola;* and it was vaguely defined as a collectio personarum pluriuis or ‘plurium corporum inter se distantium, uno nomine specialiter eis deputato."* ‘Three persons or more in a profession” could form a collegium? for the purpose of ‘obtained its complete organization, and which is only tacitly recognined by superior authorities ‘through privileges. M. Halpin would postpone legality until all the funetions are exercised and all the privileges obtained which were deemed necessary in later period ofthe development of corpora tion theory Sine he himself admits that the whole subject merit further study (Studi Medical, 180), and has along with Denifle and Rashall) neglected the corporation as it acted inthe eourts sand was treated in legal practice, Ifeel that further considerations, based on contemporary opinions and legal procedure, are needed, * The masters and students and their corporation were subject to canon law, Rashdall, x, 292 f Chartalariam,t Introd, no. 15. 9, x, 2, 2—on which Bernandus (of Paria), Cazu, ‘Nota, quod dicitur in ita. dec. speciale est parsius in favorem universitatis,” Paris, Bibliotheque Nationale, AMS, lat, 3965, fo. 50"; gloss, ‘eslares parisenses conquest sunt quod quando eonveniebantur vel ‘conveniebant, non recipiebuntur canones alga, el consuetudo tere, unde super hoe provider, Apparatus to Decretalsof Gregory 1% (B.N., MS, lat. 3052), 1. tt. De foro competent, e 9. Ch Chartutariam,s Introd no, 15, note 2, ‘scolares The statements above, while late, strengthen the evidence that Celestine ri ha in mind especially studenta at Pars; but see Denife, Uni. p. 60, 1. 88. See the privilege of Philip Augustus, 1200, sid, 1, no. 1; and M. M. Davy, ‘Ta situation jnridique ds étudiants de "Université de Paris au XIII idee,’ Rerued Histoire del Elise en France, xv (1061), 298, 310, 10, Gierke, Das Destiohe Goousenscaftercht, x (Berlin, 1881), 192, 247, Gierke, m, 193, 248, *Tbid, m1, 198. * Pius (¢a 1192), Giese, mt, 198 * Hlugotinus, bi, 11, 198; ef, gloss ad v. unum zorpus (Compilation, 1.1, t. De conatitatonibus, 156. 6, x, 1, 2): ‘Cosporum tea genera disingutmtur in iure evilly unutnquodque uno spiita continetu, ut Homo, ligoum, laps, et sumitur species large: aliud quod coherentibus partibus con- sat, ut domus,navs;tecium quod ex patibus distantibus constat, ut popu, collegum, grex«» (Pati, BLN., MS, lat 15398, fol. 106. Henry of Sass, Suma, I. . De sindico: unieritas, ‘col Jectio plurium corporum racionbilium specali nomine ateibuto';cllaium, ‘plurium personarum calletio sim inbabitantium speciali nomine attributo?” "Azo, ‘mast ergo possunt eligereconsules qu psi exercent professionem;’ Accursius,‘magisti ergo possunt ligere, quia psi exercentprofesionem, et sc fit Parsius’ Denile, Unit, 170, notes $25 and 426, als n.427 * Goss ¥- in congregatione (Comp. I, 1-1, t- Deletion, c, =e. 1, 1, 6), ‘Nota quod duo faci tnt congregationem, ut hie, tres collgium,#. de veri signeatione, Nerative [Digest 1,16, $85) Halle, Universiatsbib, MS. Ye80cand Alenus, adv. danum ratum (Comp. I, 1.11, Deconsuctudine €. 2c. 8, x, 3, 1), Est contra fl. de verb sgn., Neratus,ubi dict quod non nist tre faciunt callegium, quod verum est quood contestationem ipsius: durare tamen potest in tno. Al," Halle, MS. YE 52, For later opinions see Gierke, 1, 287, n. 125.