Medieval Sourcebook:
Rupert, Count Palatine:
Foundation of the University of Heidelberg, 1386
1. 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 similar to
that at Paris, and lest, for this reason, being subjected to the divine judgment, we
should deserve to be deprived of the privilege granted---do decree, with provident counsel
(which decree is to be observed unto all time), that the University of Heidelberg shall be
ruled, disposed, and regulated according to the modes and manners accustomed to be
observed in the University of Paris. Also that, as a handmaid of Paris---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 and 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
three-fold 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 whatever of the said faculties they are, shall unitedly belong
like lawful sons to one mother.
Likewise [we desire] that this university shall be governed by one rector, and that the
various 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 honor of the rector and the rectorship of our university, 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 various 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 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 stubbornly 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 defense 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 enact lawful statutes, such as are 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 various servants of the institution
have the benefit of the various 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, i.e., its bedells, 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.
2. Lest in the new community of the city of Heidelberg, their misdeeds 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 misdemeanor; that he
shall restore anyone detained for such fault, or for any light offense, to his master, or
to the rector if the latter 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 cannot 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 we desire 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 offices and our favor, not to lay a detaining hand on any master or
scholar of our said institution, nor to arrest him or allow him to be arrested, unless the
deed be such 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 to his representative in our said town, to be kept in custody.
3. By the tenor of these presents we grant to each and all the masters and
scholars that, when they come to the said institution, while they remain there, and also
when they return from it to their homes, they may freely carry with them, both coming and
going, throughout all the lands subject to us, all things which they need while pursuing
their studies, and all the goods necessary for their support, without any duty, levy,
imposts, tolls, excises, or other exactions whatever. And we wish them and each one of
them, to be free from the aforesaid imposts when purchasing corn, wines, meat, fish,
clothes and all things necessary for their living and for their rank. And we decree that
the scholars from their stock in hand of provisions, if there remain over one or two wagon
loads of wine without their having practiced deception, may, after the feast of Easter of
that year, sell it at wholesale without paying impost. We grant to them, moreover, that
each day the scholars, of themselves or through their servants, may be allowed to buy in
the town of Heidelberg, at the accustomed hour, freely and without impediment or hurtful
delay, any eatables or other necessaries of life.
4. Lest the masters and scholars of our institution of Heidelberg may be
oppressed by the citizens, moved by avarice, through extortionate prices of lodgings, we
have seen fit to decree that henceforth each year, after Christmas, one expert from the
university on the part of the scholars, and one prudent, pious, and circumspect citizen on
the part of the citizens, shall be authorized to determine the price of the students'
lodgings. Moreover, we will and decree that the various masters and scholars shall,
through our bailiff, our judge and the officials subject to us, be defended and maintained
in the quiet possession of the lodgings given to them free or of those for which they pay
rent. Moreover, by the tenor of these presents, we grant to the rector and the university,
or to those designated by them, entire jurisdiction concerning the payment of rents for
the lodgings occupied by the students, concerning the making and buying of books, and the
borrowing of money for other purposes by the scholars of our institution; also concerning
the payment of assessments, together with everything that arises from, depends upon, and
is connected with these.
In addition, we command our officials that, when the rector requires our and their aid
and assistance for carrying out his sentences against scholars who try to rebel, they
shall assist our clients and servants in this matter; first, however, obtaining lawful
permission to proceed against clerks from the lord Bishop of Worms, or from one deputed by
him for this purpose.
Source.
From: Frederic Austin Ogg, ed., A Source Book of Mediaeval History: Documents
Illustrative of European Life and Institutions from the German Invasions to the
Renaissance, (New York, 1907, reprinted by Cooper Square Publishers (New York), 1972),
pp. 345-350
Scanned by Jerome S. Arkenberg, Cal. State Fullerton. The text has been modernized by
Prof. Arkenberg.
This text is part of the Internet
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© Paul Halsall, August 1998
halsall@murray.fordham.edu
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