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 Privileges of  Universitas Magistrorum et Scolarium and their  justication in charters of foundation from the 13th to the 21st centuries OSMO KIVINEN & PETRI POIKUS Research Unit for the Sociology of Education (RUSE), Ha  ¨ meenkatu 1, FIN-20014 University of Turku, Finland (Phone: +358 2 333 5878; Fax: +358 2 333 6524; E-mail: osmo.kivinen@utu.; petri.poikus@utu.) Abstract.  Analys ing foundatio n charte rs, this article explor es the var iou s pur pos es universities have been said to serve at dierent periods of time, how the distinction between universities and other educational establishments has been made, and how the actions of the academic community have been justied. The data consist of 225 charters of foundation from the year 1224 to 1999. Granted by rulers, the charters depict uni- ver sities as bei ng suited to serve wid ely dieri ng pur pos es, such as fur the ring the material and spiritual prosperity of the nation and the local community, strengthening the right faith and training public servants. Charters granted universities privileges such as the status of  studium generale  and  ius ubique docendi , a universal teaching licence. These privileges created a foundation for all later principles generally applicable to the academic world. The universities originating in academic guilds founded for the pro- tection of scholars have always been answerable to societal demands. A certain degree of loyalty by academic people to those in power has, in turn, secured the universities and the academic community their vital integrity and freedom of opinion, publication and research. Keywords:  academic community, academic privileges and their justication in charters of foundation, establishment of universities, guilds, status and functions of universities Research framework, data and previous studies The university has been a popular subject for writers throughout his- tory, but there is a relatively small number of studies about the aca- demic establishment attempt ing a compreh ensive his tori cal compass. The Universities of Europe in the Middle Ages by Rashdall (1895/1936), published as early as the late 19th century, is probably the best known. Other signicant studies from the same period include  Die Entstehung der Universita  ¨ ten des Mittelalters bis 1400  by Denie (1885/1956), and Di e Ge sc hi chte der De utsc he n Univer si ta  ¨ ten  (in two volumes) by Kaufmann (1888–1896/1958). Dealing with universities in the Middle Higher Education (2006) 52: 185–213   Springer 2006 DOI 10.1007/s10734-004-2534-1

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  • Privileges of Universitas Magistrorum et Scolarium and theirjustication in charters of foundation from the 13th to the 21stcenturies

    OSMO KIVINEN & PETRI POIKUSResearch Unit for the Sociology of Education (RUSE), Hameenkatu 1, FIN-20014

    University of Turku, Finland (Phone: +358 2 333 5878; Fax: +358 2 333 6524;

    E-mail: osmo.kivinen@utu.; petri.poikus@utu.)

    Abstract. Analysing foundation charters, this article explores the various purposesuniversities have been said to serve at dierent periods of time, how the distinctionbetween universities and other educational establishments has been made, and how the

    actions of the academic community have been justied. The data consist of 225 chartersof foundation from the year 1224 to 1999. Granted by rulers, the charters depict uni-versities as being suited to serve widely diering purposes, such as furthering the

    material and spiritual prosperity of the nation and the local community, strengtheningthe right faith and training public servants. Charters granted universities privileges suchas the status of studium generale and ius ubique docendi, a universal teaching licence.These privileges created a foundation for all later principles generally applicable to the

    academic world. The universities originating in academic guilds founded for the pro-tection of scholars have always been answerable to societal demands. A certain degreeof loyalty by academic people to those in power has, in turn, secured the universities and

    the academic community their vital integrity and freedom of opinion, publication andresearch.

    Keywords: academic community, academic privileges and their justication in charters

    of foundation, establishment of universities, guilds, status and functions of universities

    Research framework, data and previous studies

    The university has been a popular subject for writers throughout his-tory, but there is a relatively small number of studies about the aca-demic establishment attempting a comprehensive historical compass.The Universities of Europe in the Middle Ages by Rashdall (1895/1936),published as early as the late 19th century, is probably the best known.Other signicant studies from the same period include Die Entstehungder Universitaten des Mittelalters bis 1400 by Denie (1885/1956), andDie Geschichte der Deutschen Universitaten (in two volumes) byKaufmann (18881896/1958). Dealing with universities in the Middle

    Higher Education (2006) 52: 185213 Springer 2006DOI 10.1007/s10734-004-2534-1

  • Ages, those works are still used for studies in the eld. A History of theUniversity in Europe edited by Hilde de Ridder-Symoens, is meant tocover the entire history of academia since the Middle Ages. The two rstvolumes, Universities in the Middle Ages (1992) and Universities in EarlyModern Europe (1996), have already been published, and the twounpublished volumes will deal with the history of the academic estab-lishment up to the present. In the countries with the oldest academies,Italy, France, Spain, Britain and Germany, the national and local his-tory of universities has been researched very closely in places. Fur-thermore, almost every university in the world has probably had somekind of historical account written.

    Our data contain 225 university charters of foundation, the rst ofwhich dates back to 1224; the last was issued as recently as 1999 (seeAppendix). These charters have been the medium for the Popes, rulersand other authorities to grant a locality the right to found a universityby supplication. Yet, let us point out at the very beginning that the dateof issue on the charter of foundation and the actual start of universitywork do not nearly always coincide. In some cases the work startedseveral years later, and sometimes a new supplication for a charter offoundation was an absolute prerequisite before the daily work couldbegin. Some establishments only obtained their studium generale rightsafter decades of academic achievement, while others never started inspite of a charter having been issued. (Cobban 1975, p. 118; Ruegg 1992,pp. 67; Verger 1992, pp. 3536) One of the more problematic issues forresearch into academic history is the academic status of some of theestablishments. Even the most recent studies do not oer completelyidentical lists of universities. Our denitions of academic status arebased on A History of the University in Europe, edited by de Ridder-Symoens, although it also contains some contradictions. For instance,Verger (1992), included in the rst volume, lists 85 universities foundedin Europe by the 16th century, but Frijho (1996) only lists 72 in thesecond volume. Our own material consists of 82 charters of foundationfrom this period of time.

    The charters of foundation for the establishment of a university havenot been comprehensively surveyed before our project. Individualanalyses have been published (such as Bulas, Constituciones y Estatu-tos 1999; see Rexroth 1992), as well as a specic study on the chartersof foundation of the universities associated with what is known as theCoimbra group (Charters of Foundation 1994). A study with the titleSapientie Immarcessibilis by Erik Van Mingroot (1994) on the bull ofthe University of Louvain merits a special mention.

    OSMO KIVINEN AND PETRI POIKUS186

  • Our material covering the rst three centuries is fairly complete.There are some diculties of interpretation concerning a small numberof universities from the 13th century, because researchers disagree ontheir actual functions and status. We have included the obscure cases,the universities of Orleans (1306), Valladolid (1346), Siena (1357) andPadua (1363), in our material according to the year in their charter offoundation. As for the 14th and 15th centuries, we know that only a fewcharters are missing from our material: Treviso from the 14th century,as well as Parma, Venice and Frankfurt an der Oder from the 15thcentury. According to a recent study by Grendler (2002), called TheUniversities of the Italian Renaissance, Treviso, Parma and Venice didnot merit the status of a university at that time either, because they onlygranted degrees without actually teaching their students.1

    The Middle Ages, characterized by a homogenously Catholic culture,constitute a distinct period in the research in the history of academiceducation. The predominance of the Catholic Church started to erode inthe 15th century, at the same time shattering the uniformity of academicculture, which has rendered writing comprehensive historical accountsof academic life somewhat dicult. Even our own evidence from the16th and 17th centuries is not as comprehensive as that from the pre-vious period. Some of the universities founded in modern history havechanged location several times, merged with other universities, or closeddown completely, which means diculty in tracking down their chartersof foundation. The universities founded in Spain, France and Italy inthe 16th and 17th centuries are particularly awkward in this respect.

    Ever since the 19th century, the charters of foundation granted by theauthorities of nation-states represent a much larger proportion, whileothers decline correspondingly. The enormous growth in the number ofuniversities in the 20th century would make obtaining all the relevantdocuments a daunting job, but it is not even necessary, due to theuniformity of the wordings in the charters.2

    According to calculations by Riddle (1989), 1,854 universities hadbeen founded in the world by 1985, 202 of which had closed down.There has been an explosive increase in the number of universities in thelast few decades. The World List of Universities (2002) published by theIAU gives as many as 7,200 universities for the year 2002.

    The charters of foundation follow a two-fold pattern: a locallywritten document of supplication concerning the foundation, and pas-sages from documents characteristic of the papal and imperial oces.These oces composed the documents by extracting the relevant detailsfrom any given supplication, then integrating them into their standard

    PRIVILEGES OF UNIVERSITAS MAGISTRORUM ET SCOLARIUM 187

  • documents. As a whole, the wordings in the university charters haveremained relatively invariable. The papal bulls in particular havemaintained their wording literally unchanged for centuries.

    The term universitas, later identied as the university, still meant abody corporate, or a group of people enjoying certain rights in 12th-century Europe. The membership was further specied, for instance, bythe term scolarium in connection with universitas, meaning a communityof students, while universitas magistrorum et scolarium meant a com-munity of teachers and students. The term universitas in the sense of anacademic community only became customary in the late 14th and early15th centuries. (Rashdall 1936, pp. 45; Cobban 1975, p. 22; Hu 1993,pp. 134135)

    Unlike the slightly pejorative characterization of the university as anivory tower suggests, the university has never been able to live in socialisolation. On the contrary, functional relations of exchange with sur-rounding communities have always been a vital necessity for the entireuniversity institution, whether with spiritual or secular, as well as localand national communities. All through their almost 900 years of his-tory, universities and their academic people have known how to makethemselves useful, if not indispensable, in the eyes of religious andsecular potentates. As this article will demonstrate, the exchange isultimately about the desire of the universitas magistrorum et scolarium toobtain and maintain its privileges simply by being loyal to those inpower at any given time. But loyalty has, especially in more recenttimes, secured free space for those activities of invaluable importancethat the Humboldtian dicta calls the freedom of teaching and learning(Lehrfreiheit and Lernfreiheit). (cf. Neave 2002.) The university chartersare the most suitable material for studying this subject, because theyhave always recorded the expectations imposed on and the promisesgiven by the universities about to be established.

    The questions that we hope to answer using the 225 charters from theyear 1224 to 1999 are the following: What are the original purposes theuniversitas magistrorum et scolarium, i.e. the university and the academiccommunity, have been said to serve at dierent periods? What privilegeshave the scholars been granted and what arguments have universitypeople made use of to justify their actions and existence? How thedistinction between universities and other educational establishmentshas been made? How has the university been able to respond to thesocietal demands of any given time?

    Subjects such as truth (veritas), knowledge/wisdom (scientia/sapientia) and research (studium litterarum/investigatio/tractatus),

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  • irrespective of their unquestionable signicance, have been excludedfrom this article. They will constitute an article of their own, to bepublished later. We would also like to mention that our outlook onuniversity matters and academic life stems from the pragmatist tra-dition as a general frame of reference, although this article will notdiscuss pragmatism any further. (See Kivinen 2002; Kivinen and Ri-stela 2002 and 2003.)

    The emergence of academic guilds

    In the 11th century, towns strengthened their position, and craftsmenstarted organizing their own interest groups, the guilds. Similarly,scholars, the men of letters, organized themselves in guilds of theirown. Learned men from other places would have been deprived evenof their fundamental rights, had they not been oered the opportunityto integrate themselves into town life through the guilds. These learnedassociations that emerged on the model of the craft guilds are thefoundation of later academic societies and the whole academicestablishment. (Black 1984, pp. 618; Ruegg 1992, pp. 78; Hu 1993,p. 81, p. 161, pp. 219220, p. 261; Grant 1996, p. 34)

    As distinct from later practice, the rst four learned communities thatbecame universities Bologna, Paris, Oxford and Montpellier emerged of their own accord, without founding licences from theauthorities. The rst two, Bologna and Paris, diered from each other inthat the organization in Bologna in the late 12th century was initiatedby students, while teachers in Paris in the early 13th century started acorporation for themselves and the students, the rst of its kind.(Cobban 1975, p. 25; Verger 1992, p. 45) Neither of these two hadinitially set out to found a university. The sole purpose was to protectthe men of letters against external threats; the academic community hadonly one purpose to start with, that of defence and protection.

    The privileges concerning legal protection are undoubtedly the mostprominent single element in our material for the whole 800-year period.These privileges are the point of departure and the later foundation forthe whole of the organized academic community. Ever since the rstuniversity charter granted to Naples in 1224, the rulers ocially in-cluded the academic community under their patronage. This is apparentin the papal bull granted to Toulouse in 1233, as well as in the documentto Salamanca in 1243 with the following promise by the founder of theuniversity, King Ferdinand III:

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  • all those who wish to come there to read should come in safety,and I receive in my charge and under my protection those mastersand scholars who would come there and their men and as many oftheir possessions as they would bring (Salamanca 1243).

    In the charter of foundation of the University of Prague in 1348,Emperor Charles IV proclaims that all teachers, masters and studentsenjoy his protection in any faculty, and wherever they come from.Expressions concerning protection are also found in university chartersfor places such as Coimbra (1290), Rome (1303), Cracow (1364), Vienna(1365), Heidelberg (1386), Jena (1557) and Salzburg (1620). The earlymodern rulers regarded the protection of the academic community as amatter of course, an ocial duty. This is evident in documents such asBamberg (1648) and Erlangen (1743). For instance, the Gottingencharter contains the following statement by King George II of England:furthering the arts and sciences is one of the noblest concerns of aregent (Gottingen 1736).

    Ius ubique docendi and studium generale

    The Pope also granted learned men the most important of their privi-leges, ius ubique docendi. This meant that all with a degree from auniversity were entitled to teach at any university throughout the wholeof the Christian world without taking any further degrees. This inprinciple ensured free mobility for the scholars from one university toanother. Our material provides the rst evidence for this in the bull of1233 to the University of Toulouse, which included the entitlement forevery master who has been examined and approved in any faculty toinstruct everywhere without any further examination (Toulouse 1233).

    The universal teaching licence, ius ubique docendi, was not necessarilyexercised in practice. Some of the universities regarded themselves assuperior in repute, and would not always approve of the degrees takenat the more recently founded universities without the candidatesundergoing tests or taking further degrees. Furthermore, this universallicence could be restricted in the university charters as well. Bulls such asthat granted to Salamanca in 1255 includes a statement that ius ubiquedocendi did not apply to the universities of Bologna and Paris: afterany of the masters and scholars in the university of Salamanca in anyfaculty shall have been found qualied to teach by a legitimate pre-ceding examination, he shall be able to teach in any university exceptonly Paris and Bologna (Salamanca 1255).

    OSMO KIVINEN AND PETRI POIKUS190

  • Ius ubique docendi is recorded in the papal bulls of foundation untilthe early 16th century, after which time it disappears. The simpleexplanation of this is that the Pope lost his position as the ecclesiasticleader of the whole of Western Christianity in the early modern period,so that he could only grant rights in the Roman Catholic areas.

    The universal applicability of academic degrees was maintained bythe academic establishment itself in modern times, which is clear indocuments such as that granted to the University of Sydney in 1858:

    the Degreesof the said University of Sydney shall berecognized as Academic distinctions and rewards of Merit and beentitled to rank, precedence, and consideration in our UnitedKingdom and in our Colonies and possessions throughout the worldas fully as if the said Degree had been granted by any University ofour said United Kingdom. (Sydney 1858).

    The universal applicability of the degrees is already an establishedmatter of course in the 20th century, although some universities stillregard their degrees as superior to others.

    Literally, the history of university dates back to the 13th century,when it was customary that only an establishment with its rights securedby the Pope or Emperor could call itself studium generale or university.The rst university to obtain a recognized charter of foundation o-cially granted by a ruler was Naples in 1224. Soon after, the CatholicChurch also started granting documents securing university rights; theUniversity of Toulouse obtained such a bull in 1233, and the Universityof Rome in 1245. The already existing establishments that met theuniversity requirements were to receive their ocial documents offoundation in time. The University of Montpellier received its papal bullin 1289, Bologna in 1290, and Paris in 1292. The University of Oxfordturns out to be the exception proving the rule, because it never suc-ceeded in persuading the Pope to consent to a bull securing its rights, inspite of several rulers having attempted it. This did not disrupt theuniversity greatly, all the more since the learned men at Oxford suc-ceeded in persuading the British rulers to grant them rights insatisfactory recompense for the lack of rights conrmed through apapal charter of foundation. (Cobban 1975, pp. 2529; Verger 1992,pp. 3536)

    Only the rst three universities granted with a charter in the 13thcentury, Naples, Toulouse and Rome, can be mentioned as a direct top-down initiative from the Pope or an emperor. All the other mediaevaluniversity ventures have obviously sprung from a local initiative, which

    PRIVILEGES OF UNIVERSITAS MAGISTRORUM ET SCOLARIUM 191

  • those in power recognized if they wished to do so. (See Van Mingroot1994, p. 151) The supplication for a university was usually rst preparedlocally, and a deputation was then commissioned to visit the Holy Seeor the Imperial court. The appropriate authority used to have a legateinquire into the presence of proper university standards in the townconcerned before consenting to the supplication. Issuing universitycharters was mostly entrusted to the Popes in the Middle Ages. Of theuniversities founded in the 14th and 15th centuries, only Treviso 1318,Prague 1347, Orange 1365 and Pavia 1361 obtained their rights througha document conrmed by an emperor; and at least Prague and Orangelater acquired a papal bull conrming their rights (Cobban 1975, pp.2526, pp. 117118). To be on the safe side, many universities had theirrights conrmed by all potentates the Pope, the Emperor, and thelocal princes. When the papal authority was weakened in the earlymodern period, issuing university charters was increasingly entrusted tosecular authorities. The universities about to be founded in areas thathad seceded from the Catholic Church applied for their rights from thelocal princes. Individual towns were also at times enthusiasticallyinvolved in founding universities. A variety of creeds contributed tosome confusion in the university eld. Calvinist academies could notseek recognition from the Pope, but they did not obtain it from theEmperor either, which often left their university status unclear (Frijho1996, p. 50).

    The academic community as dened in the charters of foundation

    The concept of academic community is often mentioned in the univer-sity charters of foundation, and particularly in records of privileges andin lists of privileged persons. As late as the 13th century, the privilegesonly applied to masters and scholars, but the number of beneciariesincreased and diversied in the 14th century (Van Mingroot 1994, pp.167168). Charters such as the University of Cahors Bull of 1332 recordteachers, masters, licentiates, baccalaureates and students as acquirersof academic privileges. The charter issued to Pavia in 1361 also includesservants, assistants and families among the beneciaries. The charter forthe University of Heidelberg denes the beneciaries as follows:

    And, as in the University of Paris, the various servants of theinstitution have the benet of the various privileges which its mastersand scholars enjoy, so in starting our institution in Heidelberg, wegrant, with even greater liberality, through these presents, that all the

    OSMO KIVINEN AND PETRI POIKUS192

  • servants, i.e., its bedells, librarians, lower ocials, preparers ofparchment, scribes, illuminators, and others who serve it, may eachand all, without fraud, enjoy in it the same privileges, franchises,immunities and liberties with which its masters or scholars are nowor shall hereafter be endowed (Heidelberg 1386).

    The beneciaries are listed similarly in the charters for universities suchas Cahors (1332), Pavia (1361), Cracow (1364), Vienna (1365), St.Andrews (1413), Caen (1432), Osnabruck (1629), Bamberg (1648),Harvard (1650) and Yale (1701).

    The charters for the new universities often recorded the rights on themodel of the old ones. Long chains could be formed in this way. Onestarts from the University of Paris, the rights of whom were recorded inthe Toulouse charter of 1233. The Toulouse rights were again found inthe Lerida charter of 1300, and the Lerida rights in the Barcelonacharter of 1450. Similarly, the hometown of the present authors, Turku,received a university in 1640 with the rights recorded in the charter of1477 for the University of Uppsala, which for its part had the rightsrecorded to the University of Bologna. A formal transfer of the rights ofpreviously founded universities was a rite of integration for the newestablishments in the academic tradition, maintaining the traditionalprivileges.

    The Holy Roman Empire granted rights to universities founded intheir territory and the academic community in association with them,just as the Popes had done. Most universities obtained the same rightsas the rest in the Imperial territory, such as Siena in 1357, Tubingen in1484 and Stuttgart in 1781. The charters often list the old universitieswhose rights the new one has been granted, such as EmperorMaximilian I granting the University of Wittenberg (1502) the rights ofBologna, Siena, Padua, Pavia, Perugia, Paris and Leipzig. The sameuniversities are also mentioned in the charters for the universities ofJena (1557) and Helmstedt (1576).

    Our texts contain only a couple of charters in which the rightsgranted to the university are specied in detail. The papal bulls onlytend to mention ius ubique docendi, also stating that the university willobtain the rights of previous universities, without any detailed speci-cation. Among the mediaeval charters, the rights are dened in detailfor the Naples charter (1224), the bull for Rome (1303), the Cracow(1364), Vienna (1365) and Heidelberg charters (1386) and the Louvainbull (1425). None of the modern charters record any detailed speci-cations of the rights and privileges of the academic community. The lack

    PRIVILEGES OF UNIVERSITAS MAGISTRORUM ET SCOLARIUM 193

  • of further specication was probably practical, because the details wereprovided in other legal instruments, such as the statutes of the univer-sity. The charters only recorded the essence of the rights.

    Not by holy spirit alone

    The charters of foundation granted the universities both economic andlegal privileges. These rights show a distinct anity with the academicprivileges of the learned men in the Roman Empire conrmed inAuthentica Habita in the 12th century. The members of the academiccommunity had certain exemptions from charges, taxes, and customsduties, as well as participation in work usually obligatory for all.Charters such as the papal bull for the University of Rome states thatthe teachers and students at the Studium are not obliged to contributeto collections imposed on the citizens, or any public duties on the pre-text that they spend time in the town concerned, or any road tolls fortheir belongings which they bring to the Studium or take from there(Rome 1303). The learned men at St. Andrews were similarly freed fromtaxes, duties, charges, missions and burdens (St. Andrews 1413). Similaracademic liberties are recorded in the charters for universities such asNaples (1224), Siena (1357), Cracow (1364), Vienna (1365), Heidelberg(1386), Leipzig (1409), Rostock (1419), Louvain (1425) and Dublin(1592). Even provisions for housing, including rent control, were listedin the charters of foundation. The Naples charter pointed out that Thebest houses will be given to them, and their rent will be at most twoounces of gold. All the houses will be rented for a sum up to thatamount, based on an estimate by two citizens and two students(Naples 1224). Housing issues are included also in charters such asToulouse (1233), Rome (1303), Cracow (1364), Vienna (1365), Leipzig(1409), (Heidelberg 1386), Rostock (1419) and Louvain (1425).

    The members of the academic community were given special treat-ment in the courts of justice from the start. They could not be tried in anordinary court, but had their legal matters dealt with among theteaching sta through canon law. Charters as early as that of theUniversity of Naples recorded that in civil trials all will have to appearbefore their teachers (Naples 1224), and the Toulouse bull states thatlaymen shall answer to the students before a clerical judge in every legalcase (Toulouse 1233). The same thing is mentioned in several charters,such as Rome (1303), Cracow (1364), Vienna (1365), Heidelberg (1386),St. Andrews (1413), Louvain (1425), Caen (1432) and Granada (1531).

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  • Jurisdiction over the members of the academic community wasusually vested in a single ocial, such as the rector or the chancellor,but it could also be given to the local bishop if he occupied an oce atthe university (Van Mingroot 1994, pp. 189192). The rectors consid-erable judicial power is evident in many charters. The Louvain bullprescribes that

    all sundry matters and aairs of the doctors, masters, students,associates and employees, whether they be clerics or laypeople, andalso the correction and punishment in connection with all sorts ofmisdemeanors and excesses, and all judgment relevant thereto,ought completely to belong to the rector of the university(Louvain 1425).

    The rectors inuence on legal matters in the academic community hasbeen diminished in modern times, and the charters start favouringcollective consideration in legal cases. The Dublin charter stipulates agroup in charge of legal matters with members such as the provost, thesocii and the scholars (Dublin 1592). Similar details are found in thecharters for the colleges founded in North America in the 18th century(Princeton 1746/48, Columbia 1754, Dartmouth 1769).

    The many benets of universities: From regional politics to furthering theright faith

    The justication for the existence of universities has been derived fromthe benets yielded by their work. Both the local authorities promotingthe foundation of universities, and the higher levels of administrationissuing the charter and the rights have proclaimed this from the outset.The charters underline the general national benets, and the localparticular benet without exception. Strengthening and disseminatingthe right religious faith was a prominent goal, particularly in the earlyhistory of the universities. Training ocials for the needs of clerical andsecular administration was always used as a justication when somelocal community wished to have a university. The emphases have var-ied, although the same reasons appear in every university charter fromthe 13th century onwards. The importance of church and religion hassteadily decreased, while regional interests and administrative traininghave maintained their signicance throughout the history of academicestablishments. Our research material demonstrates that the points ofjustication for founding new universities in the 13th century remain the

    PRIVILEGES OF UNIVERSITAS MAGISTRORUM ET SCOLARIUM 195

  • raison detre for universities on the threshold of the 21st century. Anextract from the Naples charter illustrates this:

    We wish that in all parts of the Kingdom many will become wiseand knowledgeable, by having access to a fountain of knowledge,and a seminary of doctrine, so that they, made procient by studyand observation, will serve divine justice, and will become useful tous, for the administration of justice and of laws which we urgeeveryone to obey (Naples 1224).

    Aims such as the advancement of learning and dissemination ofknowledge and education on one hand, and an adaptable qualicationand competence among the graduates for service in the public sector onthe other are repeated in the charters for 800 years. As late as 740 yearsafter Naples, the charter of the University of Brock states that Theobjects and purposes of the University are the advancement of learningand the dissemination of knowledge; and the intellectual, social, moraland physical development of its members and the betterment of society(Brock 1964).

    The local rulers knew how to make use of the graduates in theirattempts to strengthen their positions alongside the church and thenational administration. In exchange for their support to the universityand the scholars, the rulers expected that they could recruit skilfulscholars in their courts in order to make the administrative machineryrun more eciently. The supplication wordings express a concern forthe educational needs of the local population with the rm belief that alocal university would in time make it unnecessary for talented citizensto move elsewhere to study. The solicitude about a potential brain-drainis thus not new. The political motives of the authorities in pursuit of newuniversities are not manifest in the exchange of documents, but it isknown that political activities of the most various kinds have been themost inuential of those underlying nearly all university ventures(Ruegg 1992, p. 18).

    As the spiritual leader of mankind, the Pope had to take everybodysinterest and wellbeing into account. Pope Boniface VIII uses the benetsfor the region as a reason for the importance of the University ofAvignon. He regards it as

    benecial for individual regions with pure faith that they have menwho are diligent in letters and apt for science and virtue. Thusparticular matters will be directed through their provident knowl-edge and procient foresight so that people dwelling in those areas

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  • respect law and justice, living in honour and authority, and enjoyingthe bliss of peace (Avignon 1303).

    The expectations of the benets from the graduates for the localfounders and the nation were recorded in the early charter for Naples of1224. The papal bull for Rome is full of condence in the arts andsciences, expressing the ardent wish that

    the town be lled with the academic gifts, as they are decoratedwith so many gifts of grace by the Divine benevolence. Thus it wouldproduce men of outstanding knowledge, equipped with virtues, andwell versed in various disciplines, and would be a refreshing well ofacademic learning, from the fullness from which all aspiring to beinitiated into literary monuments could draw (Rome 1303).

    Nearly identical wordings to that of Rome are found in several chartersof the 14th and early 15th centuries, such as Cahors (1332), Prague(1347), Cracow (1364), Vienna (1365), Heidelberg (1385) and Leipzig(1409). Some of the charters also presented the same in reverse,emphasizing the problems resulting from the lack of public servants.Charters such as Caen regret both spiritual and material disadvantagesand loss springing from the lack of scholars and learned men (Caen1437).

    An understandable reason to found a university in a local communityhas been the lack of a university in the vicinity. The charter for theUniversity of Copenhagen reasons like this: there is no universitywhich the inhabitants of these cities, lands, towns and such places, andthose nearby regions who wish to advance in learning through studiescan attend (Copenhagen 1475). The lack of a local university left someof the potential talents without teaching, and even the most eager tolearn had to spend a long time elsewhere to nish their university de-grees. These journeys were known to be dangerous, and there was al-ready some experience of losses, because most of the hopeful studentsand graduates were lost forever, never to return home. Thus the concernabout the brain drain was not premature. The bull for Louvain ex-presses concern:

    in those regions there yet seems to be no single city where evenone general study center of Letters operates, wherefore most fromthose regions, while lacking the opportunity and practise ofstudying, either they submit to ignorance in Letters or are obligedto sojourn in distant parts in their craving for the basis of suchknowledge (Louvain 1425).

    PRIVILEGES OF UNIVERSITAS MAGISTRORUM ET SCOLARIUM 197

  • To use the current education policy jargon: searches for reserves oftalent have always been conducted. The charter for the University ofPrague considered it pressing to found the university so that the loyalcitizens incessantly craving for the fruits of the arts and sciences could see that the meal is served in their own domain without themhaving to beg for other peoples benevolence, and so that their naturalintelligence was cultivated into considerable prociency to make themwell-versed in the arts and sciences (Prague 1348). The bull for theUniversity of Caen even introduces an equal opportunity argument not between the sexes though reasoning for better conditions forscholarly activities by employing the reserves of talent: it would seemneither decent nor fair if bright minds, most apt for arts and sciences aswell faith and teaching, were dimmed through the lack of a university,remaining barren and uncultivated like a eld devoid of nutrients(Caen 1437).

    Equal opportunity between the sexes arrived in the academic worldmuch later. Equal access to higher education for both men and womenhas only been mentioned in our material since the late 19th century. Thecharter for the University of Adelaide prescribes that the degrees con-ferred by this university be recognized in the same way as those fromany British university, emphasising that such recognition may extendto Degrees conferred on Women (Adelaide 1874/81). The University ofStanford for its part was originally founded for both sexes (Stanford1885). The most recent university charters take every form of preventionof discrimination scrupulously into account, such as the revised Bir-mingham charter of 1998:

    No discrimination on the grounds of political opinion, age, colour,disability, ethnic or national origin, gender, marital status, race,religion, or sexual orientation shall be exercised by the University inthe admission of students, or the appointment or promotion of staor the awarding of any Degree Diploma or Certicate, or generally,in the execution of any of its Objects as laid down by the Charter(Birmingham 1900/1998).

    Positive features of university towns have always been emphasized inthe charters of foundation. For instance, the charter for the Universityof Groningen declares that the town could be regarded as a true homeof the Muses. The emphasis on the local natural resources and theoverall adequacy of the conditions is the way of pointing out that even alarge number of scholars and others with a thirst for knowledge wouldmanage in the town concerned. Furthermore, the charters emphasize

    OSMO KIVINEN AND PETRI POIKUS198

  • good communications, the good name and sucient wealth of the area:Pamiers (1295), Avignon (1303), Cahors (1332), Prague (1347), Cracow(1364), Vienna (1365), Heidelberg (1385), Leipzig (1409), Louvain(1425), Caen (1432/1437), Uppsala (1477), Valencia (1500), Granada(1531), Jena (1557) and Osnabruck (1629).

    The primary argument in every papal bull was the advancement ofthe right faith. The advancement of the Catholic faith and teachingpronounced to be the only right one was systematically recorded in theuniversity charters. The scholars were subject to the canon law, and theacademic rights ultimately secured by the Pope. The benevolence of thePopes to the scholars was not entirely altruistic, however, since theywanted to make Catholic Church doctrine superior to other creeds,prevent heresy from spreading, and strengthen their own power over theauthority of secular rulers as Ruegg (1992, pp. 1516) and Cobban(1999, p. 3) state too. (Pamiers 1295, Cahors 1332, Cracow 1364, Vienna1365, Heidelberg 1385 and Leipzig 1409).

    Thus, the charters of foundation provide the universities, as well astheir graduates, with the mission of supervising the right, Catholic,faith. Even the 13th-century Toulouse charter was meant to encouragethe strengthening and spreading of the right faith. Pope Gregory IXfounded the University of Toulouse in the Cathar area, where a bloodycrusade had just ended. The reason for founding the university was theattempt to make the Catholic faith ourish again after it had nearlydisappeared in those parts(Toulouse 1233). When Granada, freed fromIslam in the 16th century, wished to have a university, it was natural toconsider religion (Granada 1531). Similarly, the supplication for the rstuniversity on the new continent mentioned Santo Domingo in what isnow called the Dominican Republic as a location, because the localpeople were faithless worshippers of idols. Such faithlessness was to beeradicated, and fertile trees be sown instead, and the faithless townilluminated by sermons and the practice of genuine virtue (SantoDomingo 1538).

    The Catholic Church repeatedly fought various forms of heresy.Particularly in the early modern period, religious frontiers such asTurkey, Spain and America, recently discovered by Europeans, saw allkinds of clashes. During the Reformation and Counter-Reformation thestruggle between religions is particularly apparent in the bulls for thenew Catholic universities. The Valencian bull represents the new uni-versity as the guardian of the faith, as if it were the best safeguardagainst the godlessness of dishonest misbelievers and the persistence ofheretics (Valencia 1500). The position and signicance of the

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  • universities as the defence of the correct faith is made very clear in thebull for Osnabruck as well. They would seem essential as bulwarksagainst heresy, and in supporting and managing parishes. Paraphrasingthe language of the times, the godless supporters of Luther and Calvinin the neighbouring kingdoms and principalities have heretical schoolsand academies of their own in accordance with the teachings of theirsect in Helmstadt, Bremen, Rintelens, Marburg, Giessen and probablyothers as well. The large local population in that diocese conducts theirstudies in them, scooping up the poison of heresy, and pouring it on thetown, the diocese and its people, as is known by experience (Osnabruck1629).

    The need to instruct the local heathen population in the Christianfaith was stressed in the charters of foundation of the rst colleges in theBritish provinces on the new continent. The charter for Harvard Collegeof 1650 points out the signicance of the establishment for educatingnot only the local British, but Indian youth as well. This is also spe-cically recorded in the charter for Dartmouth College:

    that there be a College erected in our said Province of NewHampshire by the name of Dartmouth College for the education &instruction of Youth of the Indian Tribes in this Land in reading,writing & all parts of Learning which shall appear necessary andexpedient for civilizing & christianizing Children of Pagans as well asin all liberal Arts and Sciences (Dartmouth 1769).

    The repercussions of the religious wars went on for a long time, andsome universities changed denomination several times. The Universityof Heidelberg converted from the Catholic to the Lutheran faith in1558, to Calvinism in 1559, and back to Catholicism in 1629. A coupleof years later the university was Lutheran for a change, and Calvinist in1652, until it settled down in the Catholic faith in 1700, with someCalvinist chairs maintained to start with (Frijho 1996, pp. 8189). Itwas not unheard of, either, that a university had two faculties of the-ology, one Protestant and the other Catholic. Of the two charters for theUniversity of Bonn at dierent times, the rst, from 1784, expresses thewish that all heresies be excluded from this university, and that nothingcontrary to the Holy Faith, good manners and the statutes of the HolyRoman Empire should appear (Bonn 1784), while the more recentcharter of 1818 establishes both a Catholic and an Evangelical Lutheranfaculty of theology (Bonn 1818).

    Church and religion undergo a steady loss of signicance in thecharters of foundation for the European universities as we approach our

    OSMO KIVINEN AND PETRI POIKUS200

  • own time. The more liberal or pluralistic North American conditionsshow in the emphasis on freedom of religion as early as the universitycharters of the 18th century. The charter for Princeton records that every Religious Denomination may have free and Equal Libertyand Advantage of Education in the Said College (Princeton 1746/8).The charter for George Washington university of 1821 states.

    That persons of every religious denomination shall be capable ofbeing elected trustees; nor shall any person, either as president,professor, tutor or pupil, be refused admittance into said college, ordenied any of the privileges, immunities, or advantages, thereof, foror on account of his sentiments in matter of religion (GeorgeWashington 1821).

    Freedom of religion has been mentioned nearly systematically in alluniversity charters ever since the 19th century. (Bualo 1846, California1868, Adelaide 1874, Sheeld 1905, Leicester 1957 and Aga Khan1983).

    Training of public servants as the prima facie function

    All authorities agreed on the universitys function of training publicservants from the outset. In the 13th century, the university townsunderstood the benet of higher education and scholarly activities forthe town and the development of its administrative organization(Ruegg 1992, p. 19; Grendler 2002, p. 100, p. 142, p. 159). Thetraining of public servants as the prima facie, the principal function ofthe university, can be deduced from the fact that the curriculum hasalways been formed to meet public needs to a great extent. Ever sincethe 11th century, both ecclesiastical and secular machineries ofadministration needed increasingly adaptable ocials to ll posts inlocal and central administration in the church and the public sector.The monastery and cathedral schools could by no means meet theincreasing demand, which oered the universities a great opportunityto be in charge of training the most signicant public servants(Cobban 1975, pp. 819). The scholars of Bologna, Paris, Padua andOxford were employed in various functions within the central and thelocal administration as ambassadors, negotiators and consultants. Thescholars at the medical faculties found a place with the localmedical care (Kibre 1962, p. 30, pp. 4951, pp. 182183, pp. 215218,pp. 320321).

    PRIVILEGES OF UNIVERSITAS MAGISTRORUM ET SCOLARIUM 201

  • In the late Middle Ages and the early modern period the centraladministration extended in many countries, which eventually resulted inincreased demands for various kinds of public servant. The universitieswere regarded as producers of the public servants required in civil andecclesiastic administration. The emerging modern states constantlyneeded more training for their public servants, which made governmentseager to interfere in internal academic aairs as well (Di Simone 1996, p.298; Frijho 1996, p. 391; Muller 1996, p. 326; Vandermeersch 1996, p.218). The public servant training demands have been more distinctlydierentiated into two functions since the 15th century. The Bull for theUniversity of Copenhagen states that From the knowledge andtraining of these same students there would in the course of time comeforth many fruits which could contribute to the administration of thecities, lands and places and the propagation of the Catholic faith(Copenhagen 1475). Similarly, the bull for the University of Valenciaemphasizes how their graduates would both benet the civil adminis-tration, and aid the salvation of souls (Valencia 1500), and the Uni-versity of Jena charter expresses the wish that the university would makethe citizens suitable for government of the state, and other forms ofcare for mortal men and their necessities (Jena 1557).

    The importance of public servant training is also evidenced in the twocharters for Salzburg of 1620 and 1625, the two Osnabruck charters of1629 and 1630, and the charter for Bamberg of 1648. Budapest was alsogranted a university so that its graduates would be qualied for gov-erning the Church as well as for state administration (Budapest 1635).Queen Christina values academic teaching and education greatly in thecharter for the Academy in Turku, because they produce good gov-ernment and order, the country and its people are directed and governedin corporal matters as well as instructed in everything that can lead themto the right knowledge of God, honour and virtue, as well as Christianlife (Turku/Abo 1640). This apparently innocent wording served theSwedish Crown in expressing the view that universities were suited forthe central administration as its outposts in the remote parts of thecountry, in this case the Finnish town called Turku/Abo.

    The charter for the University of Yale emphasizes the absolutenecessity of such an establishment, wherein Youth may be instructed inthe Arts & Sciences who through the blessing of Almighty God may betted for Public employment both in Church & Civil State (Yale 1701).The charter for the University of Bonn of the late 18th century containsthe wish that the students develop into men suited for both church andstate, able to assist both with their learned advice and knowledge of the

    OSMO KIVINEN AND PETRI POIKUS202

  • management of things (Bonn 1784). The demands of the governmentand the church for well-trained public servants were maintained in thecharters of foundation throughout the centuries, from the 13th centuryuntil today.

    Academic studies as a panacea

    Education and knowledge are represented in the university charters offoundation as means of achieving widely diering goals, and are oeredas a panacea, a cure for the most various complaints. Academic studiesquench the thirst for knowledge, propagate wisdom, contribute to dis-covering the truth and disseminating both justice and faith, and promotethe idea of peace. The erudition produced by academic studies meantbookish learning to start with, and better deciphering of old texts.

    The bull for the University of Pamiers of 1295 has the wording oftenrecorded in the charters, with the wish that studies oering the laud-able pearl of scholarship could nd a cultural medium everywhere,particularly multiplying in places known to be appropriate for growingthe seeds of learning and for producing useful ospring. The bull forValencia emphasizes that the ideal government is directed by knowledgegained through study, which is also represented as the instrument ofsocial advancement, not simply the education of youth. The bull statesthat while other things reduce when they are shared, sharing ofknowledge increases the insight, the more people are favoured with it.(Valencia 1500.) The authority issuing the Jena charter emphasizes theimportance of progress in study and scholarship, so that the subjectswould be appropriate for governing the country and providing for anyother necessity that the mortal men might need (Jena 1557).

    Universal peace has also been represented among the benets ofacademic studies. The bull for Louvain records how through academicwork peace and tranquillity is installed everywhere and the standard ofthe whole human existence is raised (Louvain 1425). The bull forCopenhagen proclaims:

    We are aware that the study of letters furthers the salvation ofsouls, decides insurgent controversies, procures peace and harmonyamong men, distinguishes the lawful from the unlawful, rewards thegood and punishes the evil, and brings to the world other spiritualand temporal advantages, both public and private (Copenhagen1475).

    PRIVILEGES OF UNIVERSITAS MAGISTRORUM ET SCOLARIUM 203

  • Throughout all our texts, studies are said to foster wisdom and truth.Bulls such as Montpellier emphasize the importance of studying,because studies in wisdom dispel the dusk of ignorance and, oncethe darkness of uncertainty is repelled, people expose their actions tothe light of truth (Montpellier 1289). To our knowledge the pursuitof wisdom, truth-seeking and the thirst for knowledge besidesacquiring professional competence still make young people inter-ested in universities. The fundamental questions involved in the pur-suit of wisdom, truth and knowledge will be our subject in anotherarticle.

    The academic community has always managed to secure its vitalautonomy by trading its loyalty to those in power for its privileges. Thisin turn ensures the indispensable freedom of thought, expression andpublishing on any subject regarded as relevant in the academic dis-course.

    Conclusion

    Universities emerged from scholarly guilds based initially on the modelof craft guilds in order to safeguard the well-being and integrity ofscholars. Ecclesiastical and secular authorities soon realized the ben-ets of higher education. They began to issue charters to found uni-versities, that, as legal instruments, also determined the privileges ofthe academic community. Since the 13th century the charters offoundation issued by the Emperor, Pope or other rulers have distin-guished the universities from other establishments granting them thestatus of studium generale.

    The Pope granted scholars the right to enjoy prebends in the studentyears, the privilege of preferment in the church, and ius ubique docendi,the teaching licence comprising the whole of the Western Christianworld. Scholars could teach at any university without having to nishany more degrees. Because ius ubique docendi facilitated free movementamong scholars from one university to the other, it laid the foundationof the universally applicable, fundamental principles of the academicworld still cherished today.

    Both economic and legal privileges for the scholars were included inthe charters of foundation. The members of the academic communitywere exempted from taxes, duties and other charges, as well as fromparticipation in work that was normally obligatory for citizens. Theuniversity charters also made provisions for the scholars housing,

    OSMO KIVINEN AND PETRI POIKUS204

  • sustenance, and legal matters in particular. Academic citizens weregiven special treatment in courts of justice.

    The existence of the universities is justied by relatively similar sets ofarguments in the charters throughout the whole of the history of theacademic establishment. The local and national interest, strengtheningthe proper faith, and training public servants have remained the reasonsfor founding universities from the 13th century until now. Highereducation has throughout history been regarded as the solution to themost diverse problems. Quenching the thirst for knowledge and pro-moting wisdom, truth, and justice have always been familiar reasons foracademic establishments. It has been known from the beginning thatstudies pave the way to happiness for all mankind, both economic andspiritual. Even achieving peace has been regarded as one of the reasonsfor higher education.

    Scholars have managed to maintain their privileged positionthroughout the history of their existence, which stretches over almost900 years. In exchange for the autonomy and privileges secured by theauthorities, scholars have known how to show a certain degree of loy-alty to the public power. Scholars have been indispensable, both in thechurch and civil administration, and in training public servants. Acertain degree of loyalty by academic people to those in power has, inturn, secured the universities and the academic community their vitalintegrity and freedom of opinion, publication and research.

    The academic community has always leaned on certain unifyingelements, one of the most important being a common language, ashared academic vocabulary converging the culturally and linguisticallyheterogeneous members of the academic community (cf. Neave 2002).For most of the history of the university, Latin was the lingua franca ofacademics. When Latin was superseded by peoples own languages suchas Italian, French, or German, academics did not immediately adoptthese new languages within academia, but Latin remained the tool ofcommunication in the scholarly world until the 18th or 19th centuries.In the 20th century English has gained more ground becoming a newlingua franca in the academic world. In our material the last Latindocuments date from the 19th century.

    In this article we have been able to identify a multitude of commonfeatures shared by the universities throughout their history, but we canend by stating that at least one thing has changed radically in the past800900 years of the university: the rst universities were schools for theospring of the elite, but now they have become almost literally insti-tutions of higher education for the masses.

    PRIVILEGES OF UNIVERSITAS MAGISTRORUM ET SCOLARIUM 205

  • Appendix

    Data

    (A) legal act or charter to establish a university, (B) foundation bull from the Pope, (D)

    foundation document from emperor, king or other local ruler

    13th Century

    University of Naples (D) 1224

    University of Toulouse (B) 1233

    University of Salamanca (B) 1243

    University of Rome (B) 1245

    University of Valencia (B) 1245

    University of Piacenza (B) 1248

    University of Salamanca (B) 1255

    University of Montpellier (B) 1289

    University of Coimbra/Lisbon (D) 1290

    University of Coimbra/Lisbon (B) 1290

    University of Gray (B) 1291

    University of Pamiers (B) 1295

    14th Century

    University of Lleida (B) 1300

    University of Fermo (B) 1303

    University of Rome (B) 1303

    University of Avignon (B) 1303

    University of Orleans (B) 1306

    University of Perugia (B) 1307

    University of Dublin (B) 1312

    University of Cambridge (B) 1318

    University of Cahors (B) 1332

    University of Grenoble (B) 1339

    University of Verona (B) 1339

    University of Pisa (B) 1343

    University of Valladolid (B) 1346

    University of Prague (B) 1347

    University of Prague (D) 1348

    University of Perpignan (D) 1349

    University of Florence (B) 1349

    University of Huesca (D) 1354

    University of Siena (D) 1357

    University of Pavia (D) 1361

    OSMO KIVINEN AND PETRI POIKUS206

  • Appendix. Continued

    University of Padua (B) 1363

    University of Cracow (D) 1364

    University of Cracow (B) 1364

    University of Vienna (D) 1365

    University of Vienna (B) 1365

    Univesity of Orange (D) 1365

    University of Pecs (B) 1367

    University of Lucca (D) 1369

    University of Orvieto (B) 1378

    University of Orange (B) 1379

    University of Erfurt (B) 1379

    University of Perpignan (B) 1379

    University of Lisbon (B) 1380

    University of Vienna (B) 1385

    University of Heidelberg (B) 1385

    University of Heidelberg (D) 1386

    University of Kulm (B) 1386

    University of Lucca (B) 1387

    University of Cologne (B) 1388

    University of Ferrara (B) 1391

    15th Century

    University of Wurzburg (B) 1402

    University of Turin (B) 1404

    University of Leipzig (B) 1409

    University of Aix (B) 1409

    University of St.Andrews (B) 1413

    University of Calatayud (B) 1415

    University of Copenhagen (B) 1418

    University of Geneva (B) 1418

    University of Rostock (B) 1419

    University of Dole (B) 1422

    University of Louvain (B) 1425

    University of Poitiers (B) 1431

    University of Caen (D) 1432

    University of Caen (B) 1437

    University of Bordeaux (B) 1441

    University of Catania (B) 1444

    University of Gerona (D) 1446

    PRIVILEGES OF UNIVERSITAS MAGISTRORUM ET SCOLARIUM 207

  • Appendix. Continued

    University of Nantes (B) 1449

    University of Besancon (B) 1450

    University of Barcelona (D) 1450

    University of Barcelona (B) 1450

    University of Glasgow (B) 1451

    University of Valence (D) 1452

    University of Trier (B) 1454

    University of Freiburg (B) 1455

    University of Greifswald (B) 1455

    University of Ingolstadt (B) 1459

    University of Valence (B) 1459

    University of Basel (B) 1459

    University of Huesca (B) 1464

    University of Bourges (B) 1464

    University of Pozsony (B) 1465

    University of Genoa (B) 1471

    University of Saragoza (B) 1474

    University of Copenhagen (B) 1475

    University of Mainz (B) 1476

    University of Uppsala (B) 1477

    University of Uppsala (D) 1477

    University of Copenhagen (D) 1478

    University of Palma (D) 1483

    University of Tubingen (D) 1484

    University of Siguenza (B) 1489

    University of Aberdeen (B) 1495

    University of Alcala (B) 1499

    16th Century

    University of Valencia (B) 1501

    University of Valencia (D) 1502

    University of Wittenberg (D) 1502

    University of Seville (B) 1505

    University of Wittenberg (B) 1507

    University of Toledo (B) 1521

    University of Marburg (D) 1527

    University of Granada (B) 1531

    University of Santo Domingo (B) 1538

    University of Onate (B) 1540

    OSMO KIVINEN AND PETRI POIKUS208

  • Appendix. Continued

    University of Macerata (B) 1540

    University of Marburg (D) 1541

    University of Almagro (B) 1550

    University of Lima (D) 1551

    University of Mexico (D) 1551

    University of Burgo de Osma (B) 1555

    University of Dillingen (D) 1556

    University of Jena (D) 1557

    University of Santiago de la Paz (D) 1558

    University of Dillingen (D) 1559

    University of Lima (B) 1571

    University of Olomouc (B) 1573

    University of Oviedo (B) 1574

    University of Tarragona (B) 1574

    University of Leiden (D) 1575

    University of Wurzburg (B) 1576

    University of Helmstedt (D) 1576

    University of Avila (B) 1576

    University of Vilnius (D) 1578

    University of Vilnius (B) 1579

    University of Olomouc (D) 1581

    University of Edinburgh (D) 1582

    University of Orthez (D) 1583

    University of Dublin (D) 1592

    University of Mexico (B) 1595

    17th Century

    University of Giessen (D) 1607

    University of Groningen (D) 1614

    University of Paderborn (B) 1615

    University of Paderborn (D) 1615

    University of Salzburg (D) 1620

    University of Altdorf (D) 1622

    University of Salzburg (B) 1625

    University of Osnabruck (B) 1629

    University of Osnabruck (D) 1630

    University of Tartu (D) 1632

    University of Budapest (D) 1635

    University of Turku/Abo (D) 1640

    PRIVILEGES OF UNIVERSITAS MAGISTRORUM ET SCOLARIUM 209

  • Appendix. Continued

    University of Bamberg (D) 1648

    University of Bamberg (B) 1648

    Harvard University (A) 1650

    University of Kiel (D) 1652

    University of Duisburg (D) 1654

    University of Laval (D) 1663

    University of Kiel (D) 1665

    Lund University (D) 1666

    University of Linz (D) 1674

    University of San Cristobal de Huamanga (D) 1680

    University of San Cristobal de Huamanga (B) 1682

    College of William&Mary (D) 1693

    University of Halle (D) 1693

    18th Century

    Yale University (A) 1701

    University of Breslau (D) 1702

    University of Havanna (B) 1721

    University of Caracas (D) 1721

    University of Camerino (B) 1727

    University of Havanna (D) 1728

    University of San Felipe (D) 1728

    University of Goettingen (D) 1737

    University of Erlangen (D) 1743

    Princeton University (D) 1746/8

    Columbia University (D) 1754

    Dartmouth College (D) 1769

    University of Malta (B) 1769

    University of Munster (B) 1773

    University of Munster (D) 1773

    University of Buenos Aires (A) 1779

    University of Stuttgart (D) 1781

    University of Bonn (D) 1784

    19th Century

    University of Michigan (A) 1817

    University of Bonn (D) 1818

    University of Virginia (A) 1819

    George Washington University (A) 1821

    OSMO KIVINEN AND PETRI POIKUS210

  • Appendix. Continued

    University of St. Louis (A) 1833

    Queens University (D) 1841

    University of Notre Dame (A) 1844

    Bishops University (D) 1843

    Galway University (D) 1845

    University of Bualo (A) 1846

    University of Minnesota (A) 1851

    McGill University (D) 1852

    University of Sydney (D) 1858

    University of Melbourne (D) 1859

    Massachusetts Institute of Technology (A) 1861

    University of California (A) 1868

    Vanderbilt University (A) 1872/3

    University of Adelaide (A) 1874

    Stanford University (A) 1885

    University of New Mexico (A) 1889

    University of Chicago (A) 1890

    Acadia University (A) 1891

    20th Century

    University of Birmingham (D) 1900

    University of Leeds (D) 1904

    University of Sheeld (D) 1905

    University of Bristol (D) 1909

    University of Ljubljana (A) 1919

    University of Costa Rica (A) 1940

    Concordia University (A) 1948

    University of Southampton (D) 1952

    University of Leicester (D) 1957

    York University (A) 1959

    Trent University (A) 1962-63

    Brock University (A) 1964

    University of Warwick (D) 1965

    University of Ottawa (A) 1965

    Jawaharlal Nehru University (A) 1966

    University of Bath (D) 1966

    University of Dundee (D) 1967

    University of Bayreuth (A) 1975

    University of Alicante (A) 1979

    PRIVILEGES OF UNIVERSITAS MAGISTRORUM ET SCOLARIUM 211

  • Notes

    1. The problem with pseudo-universities discussed in the early 21st century (Altbach2001 etc.) is not particularly new, either.

    2. The 225 charters of foundation are distributed by centuries as follows: 1200/12, 1300/40, 1400/45, 1500/35, 1600/25, 1700/18, 1800/22, 1900/28. Up to the 16th century, ourtexts cover 90% of the charters issued. From then on, the sample continually becomes

    relatively smaller, being only about one per cent in the 20th century. More than half(124) of the charters are in Latin. Other languages in the charters are English (63),German (17), Spanish (15), Swedish (3), French (2) and Slovenian (1). Latin textshave been rendered intelligible for us by Veli-Matti Rissanen, MA. As concerns old

    English, we have leaned on the expertise of Aili Kamarainen, MA.

    References

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    Appendix. Continued

    University of Kaiserslautern (A) 1982

    Aga Khan University (D) 1983

    Emory University (A) 1987

    University of Waikato (A) 1991

    University of Passau (A) 1992

    University of Jaen (A) 1993

    Al Akhawayn University (D) 1993

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    OSMO KIVINEN AND PETRI POIKUS212

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    PRIVILEGES OF UNIVERSITAS MAGISTRORUM ET SCOLARIUM 213

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