Professional Documents
Culture Documents
DOI 10.1007/s10734-004-2534-1
Springer 2006
186
Ages, those works are still used for studies in the eld. A History of the
University in Europe edited by Hilde de Ridder-Symoens, is meant to
cover the entire history of academia since the Middle Ages. The two rst
volumes, Universities in the Middle Ages (1992) and Universities in Early
Modern Europe (1996), have already been published, and the two
unpublished volumes will deal with the history of the academic establishment up to the present. In the countries with the oldest academies,
Italy, France, Spain, Britain and Germany, the national and local history of universities has been researched very closely in places. Furthermore, almost every university in the world has probably had some
kind of historical account written.
Our data contain 225 university charters of foundation, the rst of
which dates back to 1224; the last was issued as recently as 1999 (see
Appendix). These charters have been the medium for the Popes, rulers
and other authorities to grant a locality the right to found a university
by supplication. Yet, let us point out at the very beginning that the date
of issue on the charter of foundation and the actual start of university
work do not nearly always coincide. In some cases the work started
several years later, and sometimes a new supplication for a charter of
foundation was an absolute prerequisite before the daily work could
begin. Some establishments only obtained their studium generale rights
after decades of academic achievement, while others never started in
spite of a charter having been issued. (Cobban 1975, p. 118; Ruegg 1992,
pp. 67; Verger 1992, pp. 3536) One of the more problematic issues for
research into academic history is the academic status of some of the
establishments. Even the most recent studies do not oer completely
identical lists of universities. Our denitions of academic status are
based on A History of the University in Europe, edited by de RidderSymoens, although it also contains some contradictions. For instance,
Verger (1992), included in the rst volume, lists 85 universities founded
in Europe by the 16th century, but Frijho (1996) only lists 72 in the
second volume. Our own material consists of 82 charters of foundation
from this period of time.
The charters of foundation for the establishment of a university have
not been comprehensively surveyed before our project. Individual
analyses have been published (such as Bulas, Constituciones y Estatutos 1999; see Rexroth 1992), as well as a specic study on the charters
of foundation of the universities associated with what is known as the
Coimbra group (Charters of Foundation 1994). A study with the title
Sapientie Immarcessibilis by Erik Van Mingroot (1994) on the bull of
the University of Louvain merits a special mention.
187
188
189
190
all those who wish to come there to read should come in safety,
and I receive in my charge and under my protection those masters
and scholars who would come there and their men and as many of
their 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 students
enjoy his protection in any faculty, and wherever they come from.
Expressions concerning protection are also found in university charters
for places such as Coimbra (1290), Rome (1303), Cracow (1364), Vienna
(1365), Heidelberg (1386), Jena (1557) and Salzburg (1620). The early
modern rulers regarded the protection of the academic community as a
matter of course, an ocial duty. This is evident in documents such as
Bamberg (1648) and Erlangen (1743). For instance, the Gottingen
charter contains the following statement by King George II of England:
furthering the arts and sciences is one of the noblest concerns of a
regent (Gottingen 1736).
Ius ubique docendi and studium generale
The Pope also granted learned men the most important of their privileges, ius ubique docendi. This meant that all with a degree from a
university were entitled to teach at any university throughout the whole
of the Christian world without taking any further degrees. This in
principle ensured free mobility for the scholars from one university to
another. Our material provides the rst evidence for this in the bull of
1233 to the University of Toulouse, which included the entitlement for
every master who has been examined and approved in any faculty to
instruct everywhere without any further examination (Toulouse 1233).
The universal teaching licence, ius ubique docendi, was not necessarily
exercised in practice. Some of the universities regarded themselves as
superior in repute, and would not always approve of the degrees taken
at the more recently founded universities without the candidates
undergoing tests or taking further degrees. Furthermore, this universal
licence could be restricted in the university charters as well. Bulls such as
that granted to Salamanca in 1255 includes a statement that ius ubique
docendi did not apply to the universities of Bologna and Paris: after
any of the masters and scholars in the university of Salamanca in any
faculty shall have been found qualied to teach by a legitimate preceding examination, he shall be able to teach in any university except
only Paris and Bologna (Salamanca 1255).
191
192
193
194
195
196
197
respect law and justice, living in honour and authority, and enjoying
the bliss of peace (Avignon 1303).
The expectations of the benets from the graduates for the local
founders and the nation were recorded in the early charter for Naples of
1224. The papal bull for Rome is full of condence in the arts and
sciences, expressing the ardent wish that
the town be lled with the academic gifts, as they are decorated
with so many gifts of grace by the Divine benevolence. Thus it would
produce men of outstanding knowledge, equipped with virtues, and
well versed in various disciplines, and would be a refreshing well of
academic learning, from the fullness from which all aspiring to be
initiated into literary monuments could draw (Rome 1303).
Nearly identical wordings to that of Rome are found in several charters
of 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 disadvantages
and loss springing from the lack of scholars and learned men (Caen
1437).
An understandable reason to found a university in a local community
has been the lack of a university in the vicinity. The charter for the
University of Copenhagen reasons like this: there is no university
which the inhabitants of these cities, lands, towns and such places, and
those nearby regions who wish to advance in learning through studies
can attend (Copenhagen 1475). The lack of a local university left some
of the potential talents without teaching, and even the most eager to
learn had to spend a long time elsewhere to nish their university degrees. These journeys were known to be dangerous, and there was already some experience of losses, because most of the hopeful students
and graduates were lost forever, never to return home. Thus the concern
about the brain drain was not premature. The bull for Louvain expresses concern:
in those regions there yet seems to be no single city where even
one general study center of Letters operates, wherefore most from
those regions, while lacking the opportunity and practise of
studying, either they submit to ignorance in Letters or are obliged
to sojourn in distant parts in their craving for the basis of such
knowledge (Louvain 1425).
198
199
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 of
the right faith. The advancement of the Catholic faith and teaching
pronounced to be the only right one was systematically recorded in the
university charters. The scholars were subject to the canon law, and the
academic rights ultimately secured by the Pope. The benevolence of the
Popes to the scholars was not entirely altruistic, however, since they
wanted to make Catholic Church doctrine superior to other creeds,
prevent heresy from spreading, and strengthen their own power over the
authority of secular rulers as Ruegg (1992, pp. 1516) and Cobban
(1999, p. 3) state too. (Pamiers 1295, Cahors 1332, Cracow 1364, Vienna
1365, Heidelberg 1385 and Leipzig 1409).
Thus, the charters of foundation provide the universities, as well as
their graduates, with the mission of supervising the right, Catholic,
faith. Even the 13th-century Toulouse charter was meant to encourage
the strengthening and spreading of the right faith. Pope Gregory IX
founded the University of Toulouse in the Cathar area, where a bloody
crusade had just ended. The reason for founding the university was the
attempt to make the Catholic faith ourish again after it had nearly
disappeared in those parts(Toulouse 1233). When Granada, freed from
Islam in the 16th century, wished to have a university, it was natural to
consider religion (Granada 1531). Similarly, the supplication for the rst
university on the new continent mentioned Santo Domingo in what is
now called the Dominican Republic as a location, because the local
people were faithless worshippers of idols. Such faithlessness was to be
eradicated, and fertile trees be sown instead, and the faithless town
illuminated by sermons and the practice of genuine virtue (Santo
Domingo 1538).
The Catholic Church repeatedly fought various forms of heresy.
Particularly in the early modern period, religious frontiers such as
Turkey, Spain and America, recently discovered by Europeans, saw all
kinds of clashes. During the Reformation and Counter-Reformation the
struggle between religions is particularly apparent in the bulls for the
new Catholic universities. The Valencian bull represents the new university as the guardian of the faith, as if it were the best safeguard
against the godlessness of dishonest misbelievers and the persistence of
heretics (Valencia 1500). The position and signicance of the
200
universities as the defence of the correct faith is made very clear in the
bull for Osnabruck as well. They would seem essential as bulwarks
against heresy, and in supporting and managing parishes. Paraphrasing
the language of the times, the godless supporters of Luther and Calvin
in the neighbouring kingdoms and principalities have heretical schools
and academies of their own in accordance with the teachings of their
sect in Helmstadt, Bremen, Rintelens, Marburg, Giessen and probably
others as well. The large local population in that diocese conducts their
studies in them, scooping up the poison of heresy, and pouring it on the
town, the diocese and its people, as is known by experience (Osnabruck
1629).
The need to instruct the local heathen population in the Christian
faith was stressed in the charters of foundation of the rst colleges in the
British provinces on the new continent. The charter for Harvard College
of 1650 points out the signicance of the establishment for educating
not only the local British, but Indian youth as well. This is also specically recorded in the charter for Dartmouth College:
that there be a College erected in our said Province of New
Hampshire 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 and
expedient for civilizing & christianizing Children of Pagans as well as
in all liberal Arts and Sciences (Dartmouth 1769).
The repercussions of the religious wars went on for a long time, and
some universities changed denomination several times. The University
of Heidelberg converted from the Catholic to the Lutheran faith in
1558, to Calvinism in 1559, and back to Catholicism in 1629. A couple
of years later the university was Lutheran for a change, and Calvinist in
1652, until it settled down in the Catholic faith in 1700, with some
Calvinist chairs maintained to start with (Frijho 1996, pp. 8189). It
was not unheard of, either, that a university had two faculties of theology, one Protestant and the other Catholic. Of the two charters for the
University of Bonn at dierent times, the rst, from 1784, expresses the
wish that all heresies be excluded from this university, and that nothing
contrary to the Holy Faith, good manners and the statutes of the Holy
Roman Empire should appear (Bonn 1784), while the more recent
charter of 1818 establishes both a Catholic and an Evangelical Lutheran
faculty of theology (Bonn 1818).
Church and religion undergo a steady loss of signicance in the
charters of foundation for the European universities as we approach our
201
202
In the late Middle Ages and the early modern period the central
administration extended in many countries, which eventually resulted in
increased demands for various kinds of public servant. The universities
were regarded as producers of the public servants required in civil and
ecclesiastic administration. The emerging modern states constantly
needed more training for their public servants, which made governments
eager 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 distinctly
dierentiated into two functions since the 15th century. The Bull for the
University of Copenhagen states that From the knowledge and
training of these same students there would in the course of time come
forth many fruits which could contribute to the administration of the
cities, lands and places and the propagation of the Catholic faith
(Copenhagen 1475). Similarly, the bull for the University of Valencia
emphasizes how their graduates would both benet the civil administration, and aid the salvation of souls (Valencia 1500), and the University of Jena charter expresses the wish that the university would make
the citizens suitable for government of the state, and other forms of
care for mortal men and their necessities (Jena 1557).
The importance of public servant training is also evidenced in the two
charters for Salzburg of 1620 and 1625, the two Osnabruck charters of
1629 and 1630, and the charter for Bamberg of 1648. Budapest was also
granted a university so that its graduates would be qualied for governing the Church as well as for state administration (Budapest 1635).
Queen Christina values academic teaching and education greatly in the
charter for the Academy in Turku, because they produce good government and order, the country and its people are directed and governed
in corporal matters as well as instructed in everything that can lead them
to the right knowledge of God, honour and virtue, as well as Christian
life (Turku/Abo 1640). This apparently innocent wording served the
Swedish Crown in expressing the view that universities were suited for
the central administration as its outposts in the remote parts of the
country, in this case the Finnish town called Turku/Abo.
The charter for the University of Yale emphasizes the absolute
necessity of such an establishment, wherein Youth may be instructed in
the Arts & Sciences who through the blessing of Almighty God may be
tted for Public employment both in Church & Civil State (Yale 1701).
The charter for the University of Bonn of the late 18th century contains
the wish that the students develop into men suited for both church and
state, able to assist both with their learned advice and knowledge of the
203
204
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, once
the darkness of uncertainty is repelled, people expose their actions to
the light of truth (Montpellier 1289). To our knowledge the pursuit
of wisdom, truth-seeking and the thirst for knowledge besides
acquiring professional competence still make young people interested in universities. The fundamental questions involved in the pursuit of wisdom, truth and knowledge will be our subject in another
article.
The academic community has always managed to secure its vital
autonomy by trading its loyalty to those in power for its privileges. This
in turn ensures the indispensable freedom of thought, expression and
publishing on any subject regarded as relevant in the academic discourse.
Conclusion
Universities emerged from scholarly guilds based initially on the model
of craft guilds in order to safeguard the well-being and integrity of
scholars. Ecclesiastical and secular authorities soon realized the benets of higher education. They began to issue charters to found universities, that, as legal instruments, also determined the privileges of
the academic community. Since the 13th century the charters of
foundation issued by the Emperor, Pope or other rulers have distinguished the universities from other establishments granting them the
status of studium generale.
The Pope granted scholars the right to enjoy prebends in the student
years, the privilege of preferment in the church, and ius ubique docendi,
the teaching licence comprising the whole of the Western Christian
world. Scholars could teach at any university without having to nish
any more degrees. Because ius ubique docendi facilitated free movement
among scholars from one university to the other, it laid the foundation
of the universally applicable, fundamental principles of the academic
world still cherished today.
Both economic and legal privileges for the scholars were included in
the charters of foundation. The members of the academic community
were exempted from taxes, duties and other charges, as well as from
participation in work that was normally obligatory for citizens. The
university charters also made provisions for the scholars housing,
205
206
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
University of
University of
University of
University of
University of
University of
University of
University of
University of
University of
University of
Naples
Toulouse
Salamanca
Rome
Valencia
Piacenza
Salamanca
Montpellier
Coimbra/Lisbon
Coimbra/Lisbon
Gray
Pamiers
(D)
(B)
(B)
(B)
(B)
(B)
(B)
(B)
(D)
(B)
(B)
(B)
1224
1233
1243
1245
1245
1248
1255
1289
1290
1290
1291
1295
14th Century
University of
University of
University of
University of
University of
University of
University of
University of
University of
University of
University of
University of
University of
University of
University of
University of
University of
University of
University of
University of
Lleida
Fermo
Rome
Avignon
Orleans
Perugia
Dublin
Cambridge
Cahors
Grenoble
Verona
Pisa
Valladolid
Prague
Prague
Perpignan
Florence
Huesca
Siena
Pavia
(B)
(B)
(B)
(B)
(B)
(B)
(B)
(B)
(B)
(B)
(B)
(B)
(B)
(B)
(D)
(D)
(B)
(D)
(D)
(D)
1300
1303
1303
1303
1306
1307
1312
1318
1332
1339
1339
1343
1346
1347
1348
1349
1349
1354
1357
1361
207
Appendix. Continued
University of Padua
University of Cracow
University of Cracow
University of Vienna
University of Vienna
Univesity of Orange
University of Pecs
University of Lucca
University of Orvieto
University of Orange
University of Erfurt
University of Perpignan
University of Lisbon
University of Vienna
University of Heidelberg
University of Heidelberg
University of Kulm
University of Lucca
University of Cologne
University of Ferrara
(B)
(D)
(B)
(D)
(B)
(D)
(B)
(D)
(B)
(B)
(B)
(B)
(B)
(B)
(B)
(D)
(B)
(B)
(B)
(B)
1363
1364
1364
1365
1365
1365
1367
1369
1378
1379
1379
1379
1380
1385
1385
1386
1386
1387
1388
1391
15th Century
University of
University of
University of
University of
University of
University of
University of
University of
University of
University of
University of
University of
University of
University of
University of
University of
University of
(B)
(B)
(B)
(B)
(B)
(B)
(B)
(B)
(B)
(B)
(B)
(B)
(D)
(B)
(B)
(B)
(D)
1402
1404
1409
1409
1413
1415
1418
1418
1419
1422
1425
1431
1432
1437
1441
1444
1446
Wurzburg
Turin
Leipzig
Aix
St.Andrews
Calatayud
Copenhagen
Geneva
Rostock
Dole
Louvain
Poitiers
Caen
Caen
Bordeaux
Catania
Gerona
208
Appendix. Continued
University
University
University
University
University
University
University
University
University
University
University
University
University
University
University
University
University
University
University
University
University
University
University
University
University
University
University
of
of
of
of
of
of
of
of
of
of
of
of
of
of
of
of
of
of
of
of
of
of
of
of
of
of
of
16th Century
University of
University of
University of
University of
University of
University of
University of
University of
University of
University of
Nantes
Besancon
Barcelona
Barcelona
Glasgow
Valence
Trier
Freiburg
Greifswald
Ingolstadt
Valence
Basel
Huesca
Bourges
Pozsony
Genoa
Saragoza
Copenhagen
Mainz
Uppsala
Uppsala
Copenhagen
Palma
Tubingen
Siguenza
Aberdeen
Alcala
(B)
(B)
(D)
(B)
(B)
(D)
(B)
(B)
(B)
(B)
(B)
(B)
(B)
(B)
(B)
(B)
(B)
(B)
(B)
(B)
(D)
(D)
(D)
(D)
(B)
(B)
(B)
1449
1450
1450
1450
1451
1452
1454
1455
1455
1459
1459
1459
1464
1464
1465
1471
1474
1475
1476
1477
1477
1478
1483
1484
1489
1495
1499
Valencia
Valencia
Wittenberg
Seville
Wittenberg
Toledo
Marburg
Granada
Santo Domingo
Onate
(B)
(D)
(D)
(B)
(B)
(B)
(D)
(B)
(B)
(B)
1501
1502
1502
1505
1507
1521
1527
1531
1538
1540
209
Appendix. Continued
University
University
University
University
University
University
University
University
University
University
University
University
University
University
University
University
University
University
University
University
University
University
University
University
University
of
of
of
of
of
of
of
of
of
of
of
of
of
of
of
of
of
of
of
of
of
of
of
of
of
17th Century
University of
University of
University of
University of
University of
University of
University of
University of
University of
University of
University of
University of
Macerata
Marburg
Almagro
Lima
Mexico
Burgo de Osma
Dillingen
Jena
Santiago de la Paz
Dillingen
Lima
Olomouc
Oviedo
Tarragona
Leiden
Wurzburg
Helmstedt
Avila
Vilnius
Vilnius
Olomouc
Edinburgh
Orthez
Dublin
Mexico
(B)
(D)
(B)
(D)
(D)
(B)
(D)
(D)
(D)
(D)
(B)
(B)
(B)
(B)
(D)
(B)
(D)
(B)
(D)
(B)
(D)
(D)
(D)
(D)
(B)
1540
1541
1550
1551
1551
1555
1556
1557
1558
1559
1571
1573
1574
1574
1575
1576
1576
1576
1578
1579
1581
1582
1583
1592
1595
Giessen
Groningen
Paderborn
Paderborn
Salzburg
Altdorf
Salzburg
Osnabruck
Osnabruck
Tartu
Budapest
Turku/Abo
(D)
(D)
(B)
(D)
(D)
(D)
(B)
(B)
(D)
(D)
(D)
(D)
1607
1614
1615
1615
1620
1622
1625
1629
1630
1632
1635
1640
210
Appendix. Continued
University of Bamberg
University of Bamberg
Harvard University
University of Kiel
University of Duisburg
University of Laval
University of Kiel
Lund University
University of Linz
University of San Cristobal de Huamanga
University of San Cristobal de Huamanga
College of William & Mary
University of Halle
(D)
(B)
(A)
(D)
(D)
(D)
(D)
(D)
(D)
(D)
(B)
(D)
(D)
1648
1648
1650
1652
1654
1663
1665
1666
1674
1680
1682
1693
1693
18th Century
Yale University
University of Breslau
University of Havanna
University of Caracas
University of Camerino
University of Havanna
University of San Felipe
University of Goettingen
University of Erlangen
Princeton University
Columbia University
Dartmouth College
University of Malta
University of Munster
University of Munster
University of Buenos Aires
University of Stuttgart
University of Bonn
(A)
(D)
(B)
(D)
(B)
(D)
(D)
(D)
(D)
(D)
(D)
(D)
(B)
(B)
(D)
(A)
(D)
(D)
1701
1702
1721
1721
1727
1728
1728
1737
1743
1746/8
1754
1769
1769
1773
1773
1779
1781
1784
19th Century
University of Michigan
University of Bonn
University of Virginia
George Washington University
(A)
(D)
(A)
(A)
1817
1818
1819
1821
211
Appendix. Continued
University of St. Louis
Queens University
University of Notre Dame
Bishops University
Galway University
University of Bualo
University of Minnesota
McGill University
University of Sydney
University of Melbourne
Massachusetts Institute of Technology
University of California
Vanderbilt University
University of Adelaide
Stanford University
University of New Mexico
University of Chicago
Acadia University
(A)
(D)
(A)
(D)
(D)
(A)
(A)
(D)
(D)
(D)
(A)
(A)
(A)
(A)
(A)
(A)
(A)
(A)
1833
1841
1844
1843
1845
1846
1851
1852
1858
1859
1861
1868
1872/3
1874
1885
1889
1890
1891
20th Century
University of Birmingham
University of Leeds
University of Sheeld
University of Bristol
University of Ljubljana
University of Costa Rica
Concordia University
University of Southampton
University of Leicester
York University
Trent University
Brock University
University of Warwick
University of Ottawa
Jawaharlal Nehru University
University of Bath
University of Dundee
University of Bayreuth
University of Alicante
(D)
(D)
(D)
(D)
(A)
(A)
(A)
(D)
(D)
(A)
(A)
(A)
(D)
(A)
(A)
(D)
(D)
(A)
(A)
1900
1904
1905
1909
1919
1940
1948
1952
1957
1959
1962-63
1964
1965
1965
1966
1966
1967
1975
1979
212
Appendix. Continued
University of Kaiserslautern
Aga Khan University
Emory University
University of Waikato
University of Passau
University of Jaen
Al Akhawayn University
James Cook University
University of Konstanz
(A)
(D)
(A)
(A)
(A)
(A)
(D)
(A)
(A)
1982
1983
1987
1991
1992
1993
1993
1997
1999
Notes
1. The problem with pseudo-universities discussed in the early 21st century (Altbach
2001 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, our
texts 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 texts
have been rendered intelligible for us by Veli-Matti Rissanen, MA. As concerns old
English, we have leaned on the expertise of Aili Kamarainen, MA.
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