Roman princes, and paid,—it would seem absurd if substituted officials, under cover of any excuse whatever, should demand presents from their superiors; unless, perchance, those same prince electors, freely and of their own will, should give them something.

On the other hand, the other princes of the empire, ecclesiastical or secular,-when, in the aforesaid manner, any one of them receives his fiefs from the emperor or king of the Romans,-shall give to the officials of the imperial or royal court 63 marks of silver and a quarter, unless any one of them can protect himself by an imperial or royal privilege or grant, and can prove that he has paid or is exempt from such, or also from any other, payments usually made when receiving such fiefs. Moreover the master of the imperial or royal court shall make division of the 63 marks as follows: first reserving, indeed, 10 marks for himself, he shall give to the chancellor of the imperial or royal court 10 marks; to the masters, notaries, copyists, 3 marks; and to the sealer, for wax and parchment, one quarter. This with the understanding that the chancellor and notaries shall not be bound to do more than to give the prince receiving the fief a testimonial to the effect that he has received it, or a simple charter of investiture.

Likewise, from the aforesaid money, the master of the court shall give to the cupbearer, him of Limburg, 10 marks; to the master of the kitchen, him of Northemburg, 10 marks; to the vice-marshall, him of Pappenheim, 10 marks; and to the chamberlain, him of Falkenstein, 10 marks: under the condition, however, that they and each one of them are present and perform their offices in solemn courts of this kind. But if they or any one of them shall have been absent, then the officials of the imperial or royal court who perform these same offices, shall carry off the reward and the perquisites of those whose absence they make good, individual for individual, according as they fill their place, and bear their name, and perform their task.

When, moreover, any prince, sitting on a horse or other beast, shall receive his fiefs from the emperor or king, that horse or beast, of whatever kind he be, shall be the due of

the highest marshal—that is, of the duke of Saxony if he shall be present; otherwise of him of Pappenheim, his vice-marshall; or, in his absence, of the marshall of the imperial or royal court.

31.

Inasmuch as the majesty of the holy Roman empire has to wield the laws and the government of diverse nations distinct in customs, manner of life, and in language, it is considered fitting, and, in the judgment of all wise men, expedient, that the prince electors, the columns and sides of that empire, should be instructed in the varieties of the different dialects and languages: so that they who assist the imperial sublimity in relieving the wants of very many people, and who are constituted for the sake of keeping watch, should understand, and be understood by, as many as possible. Wherefore we decree that the sons, or heirs and successors of the illustrious prince electors, namely of the king of Bohemia, the count palatine of the Rhine, the duke of Saxony and the margrave of Brandenburg-since they are expected in all likelihood to have naturally acquired the German language, and to have been taught it from their infancy,-shall be instructed in the grammar of the Italian and Slavic tongues, beginning with the seventh year of their age; so that, before the fourteenth year of their age, they may be learned in the same according to the grace granted them by God. For this is considered. not only useful, but also, from the afore-mentioned causes, highly necessary, since those languages are wont to be very much employed in the service and for the needs of the holy empire, and in them the more arduous affairs of the empire are discussed. And, with regard to the above, we lay down the following mode of procedure to be observed: it shall be left to the option of the parents to send their sons, if they have any-or their relatives whom they consider as likely to succeed themselves in their principalities, -to places where they can be taught such languages, or, in their own homes, to give them teachers, instructors, and fellow youths skilled in the same, by whose conversation and teaching alike they may become versed in those languages.

XI.

THE FOUNDATION OF THE UNIVERSITY OF HEIDELBERG, A.D. 1386.

(Emminghaus: "Corpus Juris Germanici" (1844-6), p. 73).

a. We, Rupert the elder, by the grace of God Count Palatine of the Rhine, elector of the Holy Empire and duke of Bavaria-lest we seem to abuse the privilege conceded to us by the apostolic see of founding a place of study at Heidelberg like to that at Paris, and lest, for this reason, being subjected to the divine judgment, we should merit to be deprived of the privilege granted,—do decree with provident counsel, which decree is to be observed there unto all time, that the university of Heidelberg shall be ruled, disposed and regulated according to the modes and matters accustomed to be observed in the university of Paris. Also that, as a handmaid of the Parisian institution-a worthy one, let us hope,-the latter's steps shall be imitated in every way possible; so that, namely, there shall be four faculties in it: the first, of sacred theology or divinity; the second, of canon and civil law, which, by reason of their similarity, we think best to comprise under one faculty; the third, of medicine; the fourth, of liberal arts of the threefold philosophy, namely, primal, natural and moral, three mutually subservient daughters. We wish this institution to be divided and marked out into four nations, as it is at Paris; and that all these faculties shall make one university, and that to it the individual students, in whichever of the said faculties they are, shall indivisibly belong like lawful sons of one mother. Likewise that that university shall be governed by one rector, and that the different masters and teachers, before they are admitted to the common pursuits of our institution, shall swear to observe the statutes, laws, privileges, liberties and franchises of the same, and not reveal its secrets, to whatever grade they may rise. Also that they will uphold the honour of the rector and the rectorship of our univer

sity, and will obey the rector in all things lawful and honest, whatever be the grade to which they may afterwards happen to be promoted. Moreover that the different masters and bachelors shall read their lectures and exercise their scholastic functions and go about in caps and gowns of a uniform and similar nature, according as that has been observed at Paris up to this time in the different faculties. And we will that if any faculty, nation or person shall oppose the aforesaid regulations, or pertinaciously refuse to obey them or any one of them-which God forbid,-from that time forward that same faculty, nation or person, if it do not desist upon being warned, shall be deprived of all connection with our aforesaid institution, and shall not have the benefit of our defence or protection. Moreover we will and ordain that as the university as a whole may do for those assembled here and subject to it, so each faculty, nation or province of it may found lawful statutes and ones suitable to its needs, provided that through them or any one of them no prejudice is done to the above regulations and to our institution, and that no kind of impediment arise from them. And we will that when the separate bodies shall have passed the statutes for their own observance, they may make them perpetually binding on those subject to them and on their successors. And as in the university of Paris the different servants of the institution have the benefit of the different privileges which its masters and scholars enjoy, so in starting our institution in Heidelberg, we grant, with even greater liberality, through these presents, that all the servants, viz.: its Pedells, librarians, lower officials, preparers of parchment, scribes, illuminators and others who serve it, may each and all, without fraud, enjoy in it the same privileges, franchises, immunities and liberties with which its masters or scholars are now or shall hereafter be endowed.

b. Lest in the new community of the city of Heidelberg, their faults being unpunished, there be an incentive to the scholars of doing wrong, we ordain with provident counsel by these presents, that the bishop of Worms, as judge ordinary of the clerks of our institution, shall have and possess, now and hereafter while our institution shall last, prisons,

and an office in our town of Heidelberg for the detention of criminal clerks. These things we have seen fit to grant to him and his successors, adding these conditions: that he shall permit no clerk to be arrested unless for a misdemeanour; that he shall restore any one detained for such fault or for any light offence to his master or to the rector if he asks for him, a promise having been given that the culprit will appear in court and that the rector or master will answer for him if the injured parties should go to law about the matter. Furthermore that, on being requested, he will restore a clerk arrested for a crime on slight evidence, upon receiving a sufficient pledge-sponsors if the prisoner can obtain them, otherwise an oath if he can not obtain sponsors—to the effect that he will answer in court the charges against him; and in all these things there shall be no pecuniary exactions, except that the clerk shall give satisfaction, reasonably and according to the rule of the aforementioned town, for the expenses which he incurred while in prison. And that he will detain honestly and without serious injury a criminal clerk thus arrested for a crime where the suspicion is grave and strong, until the truth can be found out concerning the deed of which he is suspected. And he shall not for any cause, moreover, take away any clerk from our aforesaid town, or permit him to be taken away, unless the proper observances have been followed, and he has been condemned by judicial sentence to perpetual imprisonment for a crime. We command our advocate and bailiff and their servants in our aforesaid town, under pain of losing their office and our favour, not to put a detaining hand on any master or scholar of our said institution, nor to arrest him nor allow him to be arrested, unless the deed be such a one that that master or scholar ought rightly to be detained. He shall be restored to his rector or master, if he is held for a slight cause, provided he will swear and promise to appear in court concerning the matter; and we decree that a slight fault is one for which a layman, if he had committed it, ought to have been condemned to a light pecuniary fine. Likewise, if the master or scholar detained be found gravely or strongly suspected of the crime, we command that he be handed over by our officials to the bishop or