Abbildungen der Seite

From the Correspondance de Napoléon Ier. No. 15,219, Vol. 19.

Napoleon, Emperor of the French, King of Italy, Protector of the Confederation of the Rhine, etc., in consideration of the fact that when Charlemagne, Emperor of the French and our august predecessor, granted several counties to the Bishops of Rome he ceded these only as fiefs and for the good of his realm and Rome did not by reason of this cession cease to form a part of his empire ; farther that since this association of spiritual and temporal authority has been and still is a source of dissensions and has but too often led the pontifs to employ the influence of the former to maintain the pretentions of the latter, and thus the spiritual concerns and heavenly interests which are unchanging have been confused with terrestrial affairs which by their nature alter according to circumstances and the policy of the time; and since all our proposals for reconciling the security of our armies, the tranquillity and the welfare of our people and the dignity and integrity of our Empire, with the temporal pretentions of the Popes have failed, we have decreed and do decree what follows ;

ARTICLE 1. The Papal States are reunited to the French Empire.

ARTICLE 2. The City of Rome, so famous by reason of the great memories which cluster about it and as the first seat of Christianity, is proclaimed a free imperial city. The organization of the government and administration of the said city shall be provided by a special statute.

ARTICLE 3. The remains of the structures erected by the Romans shall be maintained and preserved at the expense of our treasury.

ARTICLE 4. The public debt shall become an imperial debt.

ARTICLE 5. The lands and domains of the Pope shall be increased to a point where they shall produce an annual net revenue of two millions.

ARTICLE 6. The lands and domains of the Pope as well as his palaces shall be exempt from all taxes, jurisdiction or visitation, and shall enjoy special immunities.

ARTICLE 7. On the first of June of the present year a special consultus shall take possession of the Papal States in our name and shall make the necessary provisions in order that a constitutional system shall be organized and may be put in force on January first 1810. Given at our Imperial Camp at Vienna, May 17th, 1809.



Sloane, William M., Napoleon Bonaparte. 4 vols. Century Co. An elabor

ate and impartial treatment of Napoleon's life ; beyond a doubt the best for the student except perhaps Fournier's shorter treatment mentioned below,

giving full lists of authorities at end of fourth volume. Lanfrey, Pierre : History of Napoleon. 4 vols. Macmillan. (Translated from

the French.)

This work was interrupted by the author's death, and reaches only to the close of 1811. The treatment of Napoleon is harsh. While the writer makes constant use of the best historical source, Napoleon's own letters, his attitude is unfair, and the motives ascribed for Napoleon's policy are always the lowest. The work forms an excellent antidote to that of Thiers. Thiers, History of the Consulate and Empire. Several editions of the English

translation are available.

Thiers shows an unmistakable tendency, especially in the earlier half of his work, unduly to glorify the Napoleonic régime. The sources relied upon are, moreover, very rarely cited. The work is, nevertheless, important and is probably the most interesting history in twenty volumes ever written, the style and arrangement being a justifiable source of pride to the author. Fournier, August, Napoleon der Erst. 3 vols. Leipsig and Prague. Two of

the three volumns of this work may be had in a French translation. Excellent in every way, and contains the most complete bibliography of the period. Superior to Mr. Sloane's biography on account of the attention given to the important changes in Europe resulting from Napoleon's invasions. The German original costs but a dollar, bound, and the work is indispensible to

students who can read German or French. Taine, The Modern Régime. Chapters I and II.

The author gives us in a short space a most fascinating, brilliant and suggestive analysis of Napoleon's policy and genius.

Good short accounts of the history of Europe during the Napoleonic period are furnished by Fyffe, History of Modern Europe, Vol. I. Rose, J. H. The Revolutionary and Napoleonic Period. THE SOURCES. La Correspondance de Napoléon, rer.

This collection of Napoleon's letters, though far from complete, is of primary importance. Memoires. Of these there are a great number.

Those of Miot de Melito and of Madame de Rémusat are to be had in English and are both trustworthy and interesting. The latter is especially to be recommended for the general reader. The Memoires of the Baron de Marbot (available in English) give good accounts of many of the most famous military episodes.

The Journal of Saint Helena, by Las Cases, as well as the more elaborate Memoires dictated by Napoleon during his exile, are sometimes suggestive, although inaccurate in the extreme, as is shown by a comparison with the Correspondance. The literature of Saint Helena deluded the world for a time, as Napoleon intended it should.

For farther information in regard to the vast literature of the subject, the student is referred to Fournier's excellent bibliographical appendices above noted.

32 vols.

[blocks in formation]
[ocr errors]
[ocr errors]



[ocr errors]


Privilege of Frederick I. for the Students. 1958,
Privilege of Philip Augustus in favor of the Students

at Paris. 1200,
Statutes of Gregory IX. for the University of Paris,


Statutes of Robert de Courçon for Paris. 1215,
Library of Theological Books given to the University

of Paris. 1271,

The Course in Medicine. 1270-74,

Ten Errors Condemned at Paris. 1241,

Account of Students given by Jacques de Vitry,

15 16

[ocr errors]




[merged small][ocr errors]
[ocr errors]


In order to give greater unity to this short pamphlet, the editor has selected material for the period before 1300 and almost exclusively for the University of Paris. This was the great model for later universities. Bologna was copied by most of the Italian universities, by Montpellier and Grenoble in France, and to some extent by the universities of Spain. Paris was the model followed by other French universities, by the English, German, and for the most part by the Spanish and Portuguese. Duboulay could say with truth that most of the others were daughters of the mother universiiy in Paris. See Rashdall, passim; Denifle, 132, 760 et passim under the different uviversities; and Compayré, 61 ff.

I. PRIVILEGES OF THE STUDENTS. The students of the French universities were considered to be members of the church and were styled clerici. They enjoyed the same privileges as the other members of the church. In addition, both kings and popes granted privileges; the kings were anxious to keep the students in their domains; the popes, by their grants, brought the students more directly under the authority of the church, and thus

creased their own power. Many of the popes, too, had studied at the universities.

Frederick's grant is often called the first privilege to a university; and it is generally said it was enacted for Bologna. Although it may have been obtained by the influence of the Bolognese doctors, it was granted to students in general; Bologna is not named. The historical poem on which Giesebrecht and Winkelmann relied to prove that it was for Bologna is undoubtedly a forgery. A good discussion of this privilege can be found in Denifle; Universitäten des Mittelalters, I, 48 ff, and 133 ff, and in Rashdall, I, 145 f.

The first royal privilege for Paris, which has been preserved, was granted by Philip Augustus. In it we find him supporting the students against his own officer, the provost. We must always remember that in those days, when there were no university buildings, it was very easy for a whole university to decamp, and that this sometimes happened. The departure of the students was a real blow to the prosperity of any city.

Gregory's statutes have been called the Magna Charta of the University of Paris. Here we find the pope, too, supporting the students against his own officer, the chancellor. The students had actually dispersed and had taken an oath not to return. By this act the pope established their privileges firmly, in spite of opposition from the queen. Possibly the most curious privilege is the right to suspend all courses. This was so much abused that, in 1256, Alexander IV. tried to modify it (Chart. I, No. 284), but to little purpose. It was the most effective weapon that the university could wield, and was used on the slightest provocation. This privilege was restricted by Pius II, and was lost in 1499.

Compayré has a well-written chapter on the privileges of the universities in his “ Abelard and the Origin and Early History of Universities.” The subject is also discussed at length and with great learning by Rashdall, especially in Vol. I.


Mon. Germ. Hist. LL. II. 114'. Latin. After a careful consideration of this subject by the bishops, abbots, dukes, counts, judges, and other nobles of our sacred palace,

According to Denifle I, 50, the text of this document in the Monumenta is very defective. I have not bad access to any better edition.

we, from our piety, have granted this privilege to all scholars who travel for the sake of study, and especially, to the professors' of divine and sacred laws, namely, that they may go in safety to the places in which the studies are carried on, both they themselves and their messengers, and may dwell there in security. For we think it fitting that, during good behavior, those should enjoy our praise and protection, by whose learning the world is enlightened to the obedience of God and of us, his ministers and the life of the subjects is moulded; and by a certain special love we defend them from all injuries.

For who does not pity those who exile themselves through love for learning, who wear themselves out in poverty in place of riches, who expose their lives to all perils and often suffer bodily injury from the vilest men-this must be endured with vexation. Therefore, we declare by this general and ever to be valid law, that in the future no one shall be so rash as to venture to inflict any injury on scholars, or to occasion any loss to them on account of a debt owed by an inhabitant of their province-a thing which we have learned is sometimes done by an evil custom. And let it be known to the violators of this constitution, and also to those who shall at the time be the rulers of the places, that a four-fold restitution of property shall be exacted from all and that, the mark of infamy being affixed to them by the law itself, they shall lose their office forever.

Moreover, if any one shall presume to bring a suit against them on account of any business, the choice in this matter shall be given to the scholars, who may summon the accusers to appear before their professors' or the bishop of the city, to whom we have given jurisdiction in this matter. But if, in sooth, the accuser shall attempt to drag the scholar before another judge, even if his cause is a very just one, he shall lose his suit for such an attempt.

"The use of this word has given rise to much discussion. Savigny thinks the privilege is intended especially for the professors of law at Bologna. But the wording in the other passages shows that the privilege was intended for the scholars. The best brief discussion is in Denifle I, 56 ff.

*The Latin reads, coram domino aut magistro suo vel ipsius civitatis episcopo. Dominus probably applies to the instructor in law and magister to the instructor in the other branches, so I have rendered the two by “professor," following Denifle I, 58.

« ZurückWeiter »