External and Internal Pressures: From the Emperor to the Universitutes scholarium
The tangled relations within the world of studies were further complicated when emperors such as Frederick I Barbarossa (with the Constitutio “Habita” of 1155) or kings such as Frederick II (with the “foundation” of the Studium in Naples in 1224) projected their own strategic moves onto them.
Popes—Innocent III and, above all, Honorius III during the early decades of the 1200s—did the same, as did Commimal city governments (Modena around 1180 and Reggio Emilia in 1242) and the papal curia in the 1230s and 1240s.In some cases the intervention was by happenstance, as in 1155 with the constitution OfFrederick Barbarossa. More commonly, however, it was motivated by a desire to put some order into the world of studies and students. One clear example of the latter case is Reggio Emilia, where the commune civitutis, in an attempt to organize the school (prdinure studium), established procedures for assigning individual students and professors to schools that already lined both sides of the city’s main street.[114] Ordinure studium or reformure studium therefore did not always and in every case mean founding a studium (a university) ; often, and especially at first, it meant, more simply, establishing rules for avoiding confusion and conflict and for subjecting to “order” an already operational and fluid reality.
The students also wanted a hand in shaping the multifaceted world of schools, professors, and would-be professors. Their basic associations, the nutiones and the universitates, moved in just that direction: the nutiones had the principal aim of gathering together all the students from other regions or from foreign lands and of helping to satisfy elementary everyday needs and study requirements; the universi- totes worked both to reinforce and defend the functions of the nationes and to guarantee students from other regions or lands living space and rules for peaceful cohabitation within the city and scholarly discipline within the schools.
These organizations struggled incessantly (and victoriously): first against the communal government under the podesta, then against the people’s commune, and eventually against the lord of the city. In their daily operations the rectores of the universitates—leaders who were older, more experienced students— put the contractual power of the universitas to the test as they dealt with professors (particularly regarding the “choice” [electio] of a school a student might want to frequent or to avoid) and with such specialized economic operators as the stationarii (booksellers).The stationarii were entrepreneurs and merchants. Some of them, the stationarii exempla tenentes or stationarii peciarumy specialized in keeping exemplars—exemplaria—of works containing laws or statements of doctrine and in lending out such originals (or copies authenticated as originals) to be copied or to serve as models for the correction of other texts. Such works could be borrowed whole or, more commonly, divided into sections known as peciae. Other stationers known as stationarii Hbrorum produced books (codices} and sold new or used copies of books. Certain stationarii became stationarii universitatis by swearing to obey the rectores and to respect the rules given in the statutes of the student universitates.
There were various sets of dispositions, emanating from a variety of institutions, that laid down rules for the schools. There were imperial norms such as the “Habita” of 1155, pontifical measures such as the famous decretal of Honorius III of 1219, royal decrees such as those OfFrederick II on the schools of Naples. There were also laws passed by city communal governments, either included in or scattered through the local statutes (as in Bologna in measures of the Comune del podesta promulgated between 1245 and 1267) or incorporated as a “book” of statutes (as in Bologna with the statutes of the people’s commune of 1288). Finally, there were measures decided by the colleges of jurist doctors and, above all, the statutes of the universitates scholarium such as the Bologna student statutes of 1252, of 1272—74, and the longer and more folly articulated statutes of 1317, which were then revised and updated every ten years. In Padua student statutes were drawn up in 1262 (the so-called Pacta vetera) and in 1321, following the Bologna text of 1317. The nationes also had statutes—for exampie, those of the natio teutonica in Bologna in the mid-fourteenth century.
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More on the topic External and Internal Pressures: From the Emperor to the Universitutes scholarium:
- External and Internal Pressures: From the Emperor to the Universitutes scholarium
- Bellomo Manlio. The Common Legal Past of Europe: 1000-1800. The Catholic University of America Press,1995. — 273 p., 1995