rewards apportioned to the good and punishment to the bad, and thus eternal and temporal advantages secured to the world. A very important point of the papal bull was the pecuniary endowment of the new institution. The revenues of the benefices of Brackenheim, Stetten on the Heuchelberg, Asch, Ringingen and Ehningen, were granted to the University, which was on its part bound to have their ecclesiastical duties performed by competent vicars. The most important endowment, however, was that of the prebends of the St. Martin's foundation in Sindelfingen, which were for this purpose transferred to the St. George's church in Tübingen. The eight canonries of this foundation were to furnish the incomes of the theological and juridical faculties, and the professors were to be canons. The deanship was to be held by the chancellor.

The imperial confirmation came some years later, on the 10th of February 1484, and gave the university permission to teach and expound all the imperial laws, and to confer degrees in the science of the same. The University was opened in September and October 1477. On the 14th of September enrolled themselves in the matriculation book several noblemen of the count's court, the abbot of Blaubeuren, Johann Degen, dean and first chancellor of the university, Lucas Spechzart, the count's private physician, and some of the count's council. The lectures were opened on the 1st of October, and on the 9th was held the first session of the senate, on which occasion Count Eberhard's charter was read, and the statutes presented, compiled by Abbot Heinrich of Blaubeuren.

Constitution of the University.

This charter recognized the University as a privileged corporation, and laid down the outlines of its constitution. Count Eberhard, in it, took all the doctors, masters and students under his special care and protection, and commanded all his officers and subjects not to injure in body, goods or honor, any one connected with the university, under a penalty of 100 florins. If any one so connected has a lawsuit with a citizen, the courts are bound under penalty of 100 florins and loss of office, to do justice without favor. Under the same penalty it is forbidden to all authorities to seize any of the instructors or students, or to lay violent hands on them. rector can order such measures, and in him alone, with the concurrence of the senate, renders the power to decide upon university matters and police. He may, however, call on the authorities if unable to enforce his authority. All persons connected with the university, and their goods, are freed from all duties, tolls, exactions and taxes; a privilege which duke Friedrich afterward confined to necessaries

Only the

of life for domestic use. All these privileges are granted not only to the professors and students, but to their wives, children and servants, and for the beadles, scribes, book-binders, printers and illuminators, resident at Tübingen. Without the rector's permission, no one might take student's books in pawn under penalty of 40 florins. And no Jews or other usurers might live in the city.

Without the license of the Medical Faculty, no one might practice medicine or surgery in the city and neighborhood. These privileges, granted by the count as the lord of the land, were recognized by the city by a special agreement, and sworn to in the hands of the rector by the bailiff and two of the council. The city clerk was bound to read them over in the cathedral every year on St. George's day, before all the people. On this occasion any grievances or wishes of the city or the university were stated, and a banquet concluded the ceremony.

Next to the charter, the chief authorities for the original constitution of the university are the first statutes of 1477, and the ordinances of the various faculties, drawn up from 1480 to 1495. In these we find many points of similarity to the university of Paris, which was the model for most of the German universities. Like that, the university of Tübingen was universitas, not only litterarum, but also in the sense of being an organization for the benefit of the general study; universitas studii generalis. It was to be one body, whose members were the separate faculties, themselves again constituting close corporations. There was here no occasion for such a division into "nations" as prevailed at Paris, most of the students coming from the immediate neighborhood. As in Paris, the government was exclusively in the hands of the teachers. The professors, or masters and doctors privileged and bound to lecture, were called doctores regentes, an expression derived from regere=legere, but applied to their share in the government. The rector, as head of the whole corporation, was chosen by this body from among themselves, annually, on St. Philip's and St. Jacob's day. The rector called together the senate for consultation upon all university matters, himself presiding; had charge of the finances, in connection with four deputies, and exercised jurisdiction, in criminal affairs with the concurrence of the whole senate, and in civil affairs with five members of it, usually from the juridical faculty. The chancellor acted as his substitute in the government and in the papal court, but was subordinate to him in rank. He had charge also of the ordinary conduct of the university, and with some members of the senate constituted a tribunal of appeal from the judgments of the senate. As the mandatory of the pope, the chancellor must be an ecclesiastic, and was usually dean of St.

George's, receiving his salary as such. The officers and servants of the senate were, the Syndic, the Notary, afterward termed Secretary, and the Beadle. The syndic kept the accounts and the cash, and ranked with the professors. The notary drew up papers for the senate and the academical courts, framed and expedited resolutions and decrees, made reports, and kept the records. He must have studied law, and been admitted a notary of the imperial chamber of justice. The beadle's duty was to go upon errands for the senate or its members, to have charge of the watch and police departments, to collect fines, and to inflict other penalties. His pay was one-third of all fines collected, and 20 florins of fixed salary.

Within the university corporation were the four faculties, each having a constitution similar to the general one, and the right of drawing up their own statutes. The principal or speaker of each faculty was the dean, who was chosen annually by the other members. The faculties stood in a certain gradation of rank, the theological being the highest. This consisted of three doctors of the Sacred Scriptures, who were also canons of St. George's foundation, whose prebends furnished their salaries, which were at first about 100 florins. The second place was held by the faculty of law, which was also graded within itself, the higher section consisting of the Doctors of Decretal Law, (doctores decretorum,) who taught the canon law, were usually theologians, and also, in virtue of their clerical dignity, canons. The senior professor received 120 florins, the two others, each from 80 to 90 florins. The lower section consisted of the doctors of laws (doctores legum,) who taught the civil law. The senior professor received 100 florins, the second 80 florins, and the third, who lectured on the Institutions, from 30 to 40 florins. The medical faculty, which ranked third, consisted of only two instructors; of whom one was paid 100 florins, and the other 60 florins. These three faculties were termed the "superior faculties," in distinction from the philosophical faculty, or faculty of arts, as it was at first called, whose position was quite inferior to theirs, and in a certain sense under their oversight and guardianship. Not all its members were admitted into the senate, but only the dean and two others; and even these were in many cases excluded from acting, and they could not be chosen deputies. The ordinary professors in their faculty were four, two of the old way, or realists, and two of the new way, or nominalists. There was a fifth professor, who was to lecture on oratory and poetry. The four former received 25 florins salary, and the last 20 florins. The ordinary professors in arts had also free lodging in some of the colleges, and might not marry. These five constituted the faculty proper, but all those who had taken an academical degree in philoso

phy might rank as members of it, and might lecture. The statutes of 1488 provide for the four collegiate doctors, ten conventores (masters who lectured,) two pedagogues, and two resumptores magistrandorum (probably a kind of repetents or tutors.) This subordinate position of the faculty of arts is quite peculiar to Tübingen, and is found in no other university.

The senate elected the professors, the chancellor representing the state; and the ruler of the country must confer the appointment when the choice was made. In these elections, as elsewhere, the philosophical faculty was inferior to the others. In 1491, the rules for electing were, that there must be present at choosing a professor of theology, besides the rector and chancellor, two doctors of the sacred scriptures, if there were so many, one decretist, one legist, one doctor in medicine, and two in arts; in electing a professor of law, or medicine, all the professors of the higher faculties must be summoned; and in electing a professor in arts, besides the professors in that faculty itself, these must assist the theological professors, two of law, and two of medicine.

The ordinary professors were bound to give one ordinary lecture daily. Ordinary lectures were those delivered in the forenoon, upon the prescribed subjects of study or text-books. Extraordinary lectures were those delivered in the afternoon, upon subjects considered only of collateral importance. Any professor omitting a lecture had to pay a fine of a half florin for every hundred florins of yearly salary, or at that rate. Sickness, university business, &c., excused from the fine. If a lecture was omitted by permission of the rector, either it might be delivered at some unoccupied hour, or the fine be paid.

Besides the salary, no fee, at least for the public lectures, was paid the professors. The decree of foundation expressly says that the instructors must have fixed salaries, that they may lecture gratis, and that poverty may be no hindrance to a knowledge of the truth. In the oldest statutes of the faculty of arts, a pastus or lecture-fee is mentioned. Until the middle of the eighteenth century, however, the honorarium was an exception, and very small. The vacations, which are not mentioned in the earliest statutes, &c., were in 1518 fixed as follows: at Christmas, from St. Thomas' day to the Epiphany; eight days from Quinquagesima Sunday; from Maundy Thursday to the end of Easter-week; eight days at Whitsuntide; and an autumn vacation from St. Michael's day to St. Luke's day, usually some two and a half weeks; in all, about eight and a half weeks.

An important feature of the older universities on the plan of that of Paris was the "colleges," or boarding establishments, where the scholars lodged, with their instructors, and boarded. Of these there

were only two at Tübingen, called the Bursen, or Contubernium, and which both occupied a single building. They were designed for scholars in arts, and one was occupied by nominalists and the other by realists. They were called the Eagle and the Peacock (aquile and pavile.) A professor in arts was usually at their head, and was entitled rector contubernii. A steward had charge of the boarding arrangements. A moderate rate was charged for board and lodging, and that it might be lower, a hundred measures of barley were furnished annually, gratis, by the university and the state.

The income of the university, from the eight canonries and five benefices already mentioned, from a title given by a papal bull in 1480, was not more than 1000 florins a year, which was all expended in salaries, except the small donation to the Bursen, none being laid out on scientific objects or collections.

Literary Condition.

The university was founded at a period not unfavorable to literary labors. The revival of classical learning had already directed attention to elegant studies, which were already eagerly pursued by circles of students in various parts of Germany. But this spirit did not at once penetrate the universities. At Heidelberg, close by, Agricola had been unable to maintain himself; and Johann Wessel, the theological forerunner of Luther, had been obliged to leave it. At all the universities the old scholastics, founded partly on the dogmas of Christianity and partly on the misapprehended doctrines of Aristotle, possessed their ancient dominion, although they had long lost any creative vigor, and consisted only of monotonous repetitions, and a sophistical play of logical forms. The actual amount of knowledge which was communicated at the universities was both strictly limited in extent, and remarkably dry, In natural science, history and antiquities, it consisted in a disconnected miscellany of detached scraps of knowledge. Even in jurisprudence, which had just received a new element by the resumption of the study of the Roman law, there was no really vigorous investigation. Under such circumstances it was not to be expected that the literary aspect of things, at the opening of the new university, would be remarkably flourishing. It was also at first found difficult to secure distinguished instructors. The most eminent of the theologians was Gabriel Biel, the last of the scholastics, who had much influence upon the organization and administration of the university. Besides him we find one Conrad Summenhard, of whom it was reported that he studied the Scripture with too free a spirit; one Martin Plantsch, who seems to have distinguished himself as a pulpit orator; Wendelin Steinbach