SPECIAL DUTIES OF THE RECTORS
AT BOLOGNA

From the Statutes of the Jurists from 1317 to 1347 Rubric xi: Carlo Malagola, Statuti delle universita e dei collegi cello studio Bolognese, Bologna, 1888, pp. 13-14.

Reducing the honor of charity to due action we have decreed that the rector of one university[1] shall accompany the rector newly elected of the other university to his house and conduct him through his university in the accustomed manner and with trumpets. Also the new rectors shall be required within the first month of their incumbency to have read all the statutes. They shall also be required to visit each new podesta and captain of the commune of Bologna within ten days after they have entered upon the office of podesta or captain and recommend and present the university to them. Also the rectors are required to make all copyists, illuminators, correctors and keepers of colors and erasers of books, binders, dealers in paper, and those who make their living from the university and scholars, swear that they are subject to the rectors and university and will serve everyone faithfully. They shall also be required on the first, second, or third day, on which at the opening of the university there are no lectures, to convoke the university and there have the statutes read, at least of the third book. They shall also have read in classes at the opening of the university those statutes which relate to doctors and classes and contain the manner and course of lectures. Also let them take care that in their matriculation lists they do not enter as scholars those who do not study in law or who do not take the oath, unless they abstain for good reason and one approved by the rectors. They also are required at the request of a scholar to have read in classes a statute which it is highly expedient for that scholar to have read. Nor shall the aforesaid be read except by a notary of the university or, if he is prevented, by the bedell who shall be required to read it at the command of either rector alone, even if the other forbids it. The rectors are also required by such means as shall seem to them proper to procure that the bells which are rung for the convenience of the scholars are rung in a manner, at a time, and at an interval which are acceptable, and they shall especially watch as to the ringing for review (repetitio) that it is done at a convenient hour and for a proper length of time. They shall also make proclamation in classes during April by the university notary that, if there is anyone who wishes to say anything or to criticize any official of the university, he shall report to the rectors and councillors of the university. Also the rectors are required after the first of November to make sure that the doctors' salaries are paid. But if these have not been paid by the first of January, they shall be required to hold a meeting of the councillors about this at least once every week and deliberate with them on ways and means of paying the salaries. But if they haven't been paid by the first of March, from then on the rectors with the councillors shall have full power of the university concerning this, and without action of the university they or the majority of them can do all that the university itself could do. But they may not suspend the university; however, the university can be assembled to do this at the request of the salaried persons. Also the rectors are required to demand within ten days the pecuniary penalties incurred by doctors, scholars or others enjoying the advantage of the university, and every person who knows of any penalty incurred and overlooked and not exacted is required to report it to the rector, otherwise he shall be condemned for the same amount by the syndics at the close of his incumbency, nor can any proposal to remit the said fines be proposed in council or to the university. Moreover, half of the fines shall go to both universities and half to both rectors, nor can the rectors remit their share. Also, the entrance fees of those who come to Bologna are common to both universities. Also, one rector is required at the request of the other to give his councillors, when he demands them, for a meeting of the university, and when one rector with the majority of the councillors of either university so orders, the bedell is required to convoke the university, even if the other rector and majority of councillors forbids it. Otherwise, except in cases stated in the statutes, he may not convoke the university unless the councillors have previously agreed to call it....[2]

The rectors are also required, when the university meets for some principal business, to prevent something else being proposed incidentally when it has not been finished. Also, that no reform be proposed there which has not previously been approved by the councillors, except perhaps against the rectors themselves or one of them or unless previously something had been mentioned there which a nation or person wished to propose. Also, the rectors shall have transcribed the writings which the university is now found to have within a month after the publication of the statutes is completed, unless the multitude of writings calls for more time. Moreover, of writings which shall be had in the future transcription shall be made within a month after their receipt, and in both cases the originals shall be preserved in the university box or ark, so that they may not perish as many others have perished. Decreeing also that within a month after it has been announced to them the rectors shall be required to do all that they can to recover documents or any other possession of our university which has been lost or mishandled by its officials or others and concerns past, present, or future matters.

Also, the rectors shall investigate four times a year straight and flat whether the university chapel situated in Borgo S. Mamolo is conducted as it should be. If they do not do this, they may be corrected, the bishop or his vicar reporting and in any way convenient. And we further provide that the old rectors within ten days after surrendering their office should consign to the new rectors delegated to this the pieces of university property which are in the university box at the Friars Preachers, and then an inventory of them shall be made by the notary of our university, which they ought to assign to their successors according to the terms of the inventory. The negligent shall incur a fine of twenty pounds Bolognese to go to both universities to be collected by the new rectors and syndics and, if they fail to pay up, they shall be punished by these with a proper penalty.

[1] In this selection the word "university" is not used in its present sense but in its medieval meaning of a gild. At the beginning of the thirteenth century the law students at Bologna had been organized in four such universities. By the fourteenth century these had combined into two universities, ultramontane and cismontane, each with its rector.

Carlo Malagola, Statuti dell' universita e dei collegii cello studso bolognese, 1888, rubrics 36, 38, 39, pp. 248-50, 252, 253.

The next half-dozen selections (105-110) are all taken from the statutes of the university of arts and medicine of 1405. "The earliest complete collection of statutes" for Bologna "dates only from 1432": Rashdall, I (1936), 173; see p. 88 for bibliography. Our earlier selections (63-64) were from the incomplete statutes of 1317-1347. While the statement of Rashdall that for the university of Bologna "the materials are singularly scanty compared with those which we possess for the history of Paris," is quite true, the aforesaid bibliography fails to note that in 1924 a fourth volume was added to U. Dallari, I rotuli dei Auttori Iogisti e artisti dello studio bologncse dal 1384 al 1799> 1888-1891, including six rolls between 1370 and 1384 as well as others after 1384 not in the previous volumes. It may also be well to inform the reader that the Chartularium studii Bononiensis, 1909-1936, 10 vols. and still in process, is a collection of supplementary rather than basic material, as in the case of the Chartularium universitatis Parisiensis, Malagola having already published the statutes, Dallari the faculty rolls, and so on, before 1909.

Since nothing is so agreeable to natural equity as to keep pacts, since the Praetor says, I will enforce agreements, therefore they saw fit to decree that, if any scholar in the future rents by himself or another a room or rooms or the house or lodging of any doctor or reviewer (repetitor), and it comes about that he does not wish to inhabit the place rented, nevertheless he must pay the full pension, and in that case he may transfer all his rights to another or others equally suitable to exercise them, provided the occupancy by that person or persons does not inconvenience the others living together in the said lodgings or room of the said reviewer or doctor.

Moreover, with regard to the payment of the salary and fee of each doctor and reviewer in logic and the other arts who has sworn to obey in lawful and honorable matters and keep the statutes of the university, the procedure should be as follows, namely, that every scholar can try out the teaching of any doctor and reviewer for the space of fifteen days beginning from the feast of St. Luke and before the end of the fifteen days no scholar is obliged or can be forced to pay any fee even for the said time, unless he afterwards has continued to attend the classes of the doctor or reviewer. But when the fifteen days, beginning as above, are over, doctors and reviewers and other masters can take up their collection both in the morning and at noon regardless of any other statute, so, however, that scholars paying in the morning cannot be compelled to another payment at another time or for another hour in the same subject by one and the same doctor or master, and this morning collection may be made by each doctor or master only once a year. And we say the same of the collection made at noon. Declaring further that doctors or masters of logic for their salary and collection from the benches may have and receive from each scholar for one year forty solidi Bolognese, and more than the said forty solidi they may not receive from any scholar, under pain of ten pounds Bolognese for each person from whom it was

received. And anyone may accuse and denounce it and be held in credence. And the accuser shall have a third of the fine. Moreover, for the collection to be made at noon they may lawfully have and receive per year from every scholar who has not paid the collection in the morning ten solidi Bolognese. Moreover, special reviewers may take twenty solidi Bolognese in winter and fifteen in summer, as much as reviewers in logic get. But to masters of grammar is paid a fee of thirty solidi per year by those who are not in lodgings. From lodgers they have and should have for their fee forty solidi Bolognese from each, while to reviewers in grammar is paid a fee of twenty solidi in winter and ten in summer.

But because it sometimes happens that some scholars enter after the collection, they decreed that such latecomers should pay a pro rata fee for the time spent to the doctor or reviewer, provided always that they have fifteen days after their arrival to try out the teaching and shall not be required to pay anything for this unless they continue under the same teacher afterwards, in which case payment shall be made as above. Moreover, the aforesaid holds good only in cases where there was no agreement as to a fixed fee, otherwise payment should be made as contracted, under penalty to anyone offending in any of the aforesaid cases of one hundred solidi Bolognese for each and every offense.

Also, since masters of grammar pay high rents for their lodgings, they decreed that every master of grammar who has sworn to obey the rector and keep the statutes of the university might effectually compel any scholar great or small, not a foreigner, who had slept three nights in their lodgings to pay them the whole fee for the entire time, even if he had transferred himself to another master or lodging, notwithstanding what is enacted above as to fifteen days trial, which we declare to apply to scholars who do not spend in the said schools fifteen days or three nights, if not foreigners. And this to avoid many enormous practices by which scholars often deceive. Moreover, doctors and reviewers who have not sworn, as directed above, by no means enjoy the benefit of this statute or any part of it, or any benefit of the university. Moreover, foreign scholars may make trial of the teaching of any doctor or reviewer for the space of fifteen days, as said above, even if they have passed the night in room or lodgings during that time, which time elapsed each may and shall be effectualy compelled to payment of the fee for the entire year.

Also, since it happens that scholars change from one master to another, whence sometimes hard feelings arise, they decreed that any doctor or reviewer of whatever faculty should not dare to retain any scholar in his lodging or room or instruction or audience, unless he had first satisfied the master or reviewer with whom he first stayed as to what he was required to pay him. And this in case the person with whom he first stayed was a doctor or reviewer who had sworn to obey the rector and to keep the statutes of the university, and otherwise not, under pain of ten pounds Bolognese which offenders are required to pay, unless within four days after he has been admonished of the aforesaid he shall have expelled such a scholar from his classes and house or has satisfied the first master or reviewer. To prove, moreover, that anyone was a scholar of any master or reviewer the oath of the master or reviewer is sufficient and in the said case the oath shall be accepted as full proof.

Also, since it happens that a scholar sometimes leaves his bed or books for two years and does not pay the masters or their reviewers, they decreed that any master and reviewer after a complete year may freely sell both books and bed, having first lawfully cited the one who left them and notified the rector in whose presence or that of his deputy the said things should be seen and valued. And if anything is left above what is due, it should be deposited with the treasurer or depositary of the university. Moreover, it should be proclaimed by one of the general bedells through the schools, if anything is left over and whose the property was. And if the person to whom these things belonged or his proctor appears within a year, what is left over shall be restored to him, otherwise, when a year has elapsed, it shall go to the university. And if there was no property or not enough to satisfy the master or reviewer's fees or the scholar whose debtor he was, and he no longer attends or wishes to attend classes, any judge of whatever condition is required to render a summary account as to the said fee to each sworn master and reviewer without murmur and judicial red tape.

Also, since many from avarice, although they know Latin well enough, to avoid masters' fees attend the classes of reviewers, they decreed that no reviewer of grammar or any other dare retain any scholar speaking Latin or able to do so in their classes under pain of a hundred solidi for each one retained. And any master may force any of the said scholars to pay him, as if he had entered his classes, and anyone may inform on them or any one of them and he shall have a third of the penalty. Also, each of the aforesaid is obligated to pay the bedells' fees, as are those entering classes, which, if they do not pay, the reviewers who have kept them in their classrooms shall be required to pay both doctors and bedells out of their own money.

Also, that no aforesaid reviewer of grammar or general reviewer of any other subject be required to pay any fee to any master, but each is obligated to payment for room and collection according to the agreement made between them.

Also, that every master of grammar is required to enter twice a day, forsooth at mass of St. Peter and at small vespers, under penalty of ten solidi for each time, unless he was absent for just cause which may be proved by oath. Also, no master shall dare to receive anything from any reviewer directly or indirectly, openly or secretly, for acquiring expenses or profit to the same reviewer, under pain of ten pounds Bolognese, and anyone may accuse him openly or secretly and have a third of the fine. Also, that no master shall dare or presume, with a reviewer in his classrooms or lodgings, to take away or cause to be taken expenses from the said reviewer, under said penalty of ten pounds Bolognese. Also, they decreed that no contractual domestic or servitor of anyone be required to pay any fee to any doctor of physic, philosophy, logic or grammar, unless he wished to pay something of his own freewill, which is a matter for his discretion.

Reviewers, moreover, of whatever faculty are required daily at due hours to give alert and careful attention to their scholars and repeat to them and examine them and hear them in the accustomed way, under penalty of ten solidi Bolognese for every time they are negligent, of which the informer shall get a third, the university a third, and the rest go to the rector, faith having been made to the rector by one witness with the oath of the informer. Moreover, they wished the said statute to be precise and observed in perpetuity by whomsoever it affected under the penalties contained in the statute. Moreover, in every chapter where penalties are not specified, they should be understood to be ten pounds Bolognese for each offender with the same penalty for the rector who fails to execute the aforesaid....

Since the laborer is worthy of his hire, they decreed that doctors lecturing in philosophy on the books named below, according to the method stated below, should receive pay from their scholars in this way, namely, 25 solidi Bolognese for the Metaphysics, for the Physics 25 solidi, for De anima 15, for De generatsone 10, for De celo 15, for the Meteorology 15, and for each other book of Parva naturalia 5 solidi, except De sensu et sensato and De sompno et vigilia, for lectures on each of which they may receive 8 solidi. For lectures on the entire book De animalibus, 40 solidi. If he lectures only on De generatione animalium, 20 solidi; if De partibus animalium, 15; if De hystoriis, 10. But if anyone lectures on the Ethics, 20; if on the Politics, 20; if on the Rhetoric, 20; if on the Economics, 5. If he is scholar or reviewer who lectures on the said books or any of them, for his salary and collection from his hearers he may receive half of the said fees for lectures on the said books. Further, that any scholar or reviewer who lectures on the Posterior Analytics may receive as his salary and fees ten solidi. He who lectures on the Prior Analytics may receive ten; he who lectures on Elenchi, ten; he who lectures on Sex principia,' five solidi. Also, that anyone lecturing on the aforesaid or any of the aforesaid is required to raise one question or determine one that has been moved for each lecture.

We have decreed that all doctors lecturing in the science of medicine shall receive payment from their scholars in this way, namely from every scholar both for lecture fee and bench money together twenty solidi Bolognese, except that, if any scholar occupies the bench of the rector or the front benches, he shall be required to pay a florin. . .

Statutes of 1317-1347, Rubric xix: Malagola, Statuti . . . dello studio bolognese, 1888' pp. 20-21.

Moreover, the same peciarii on feast days at some place assigned by them shall see and examine all peciae and quaternions of all the stationers, first requiring of all stationers an oath that they will bring all exemplars of peciae or quaderni which they rent out to the place designated by the peciarii and will conceal none. To this place all stationers, all fraud and deceit removed, are required to bring the exemplars which they have. And if the majority of the said Six judge any insufficiently corrected, they shall see to it that they are corrected

the expense of the stationers to whom they belong by certain correctors deputed by the Six themselves at the expense of the stationer to whom the peciae belong. At the request of four of whom, and of the rectors, any doctor or scholar may be required to supply his own copy, if he has a good one for this purpose. And if the doctor or scholar refuses to loan his copy, after it has been judged critical, even for use within his own house, he shall be penalized with a fine of five pounds Bolognese to go to our university. And if any copies are not assessed, the stationers shall be required to assess them. And if any stationers shall have scorned to do so, for each offense they shall incur a fine of five pounds Bolognese to be applied to the use of the university, and no scholar henceforth should receive peciae or quaternions from such to copy or correct under penalty of ten solidi Bolognese and perpetual privation, and that the rectors then in office at the request of the said Six, as aforesaid, by virtue of their personal oath shall be required to enforce the said penalty. And the peciarii should pay the correctors of the peciae and are required to receive the money from the stationers in the presence of the correctors and to pay it immediately to the correctors, nor shall the stationer pay the correctors.

Also the said peciarii at the expense of the general bedell are required to have the questions, disputed during their term by doctors and given to the bedell, published in a twofold exemplar and corrected in duplicate within twenty days after they were handed in, under penalty of forty solidi Bolognese for each question, to be inflicted on the bedell if he has not done this at their command and demanded at their request by the rectors or either of them from those writing the questions. The stationer of the questions is required at his own expense to have the questions inscribed on a quaternion given him by the notary which the notary shall give to him from the book of questions which we wish to be kept for perpetual memory in the university box. Also, the university notary is required to write out gratis all questions of required disputations in a book to be purchased by the university treasurers and given to him before the tenth of January. And the rectors should make the treasurers do this, and the notary is required to have finished it within a month after the feast of the Resurrection under pain of three pounds Bolognese for every question omitted. And then the book shall be placed by the rectors in the university strong-box within eight days. And we wish the said peciarii to be careful about this too. Also the said peciarii are required to meet at least once a week under pain of ten solidi Bolognese, and the rectors are to compel them to do so by virtue of their personal oath. And that the said Six may attend the more diligently to the aforesaid matters, we have decreed that they shall not be required during that year to attend general convocations or funerals or be compelled to take any other university office that year. And this statute the notary is required to read seriatim at each of the four seasons, namely, four times each year.