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The only departure from the principle that the whole body of masters was the true unit of university life was in the attainment by the faculty of arts of a position of predominance over the other faculties in some respects; the initiation of statutes was under its control, though it never succeeded in establishing the power to veto statutes after their passage; in 1252 a statute was passed that “no one should be admitted to the license in theology who had not previously been a regent in arts”; moreover, through the control of the body of non-regents by the artists, the faculty of arts had an ally that virtually doubled its weight in the deliberations of the university body. At the end of the thirteenth century, when the constitution of the University had become substantially settled, the system of government was as follows: (1) When the regent masters of arts met in a body for the purpose of transacting matters relating to their department, they were known as the Congregation of Regents in Arts, or more familiarly, the Black Congregation. They elected the two proctors, of whom the senior presided over their body when in session, though both were executive officers of the whole University. One of the most important of their duties was the celebration of inceptions in arts. Constitutionally more important, they had the authority to entertain a preliminary discussion of proposed statutes intended to bind the whole University; when assembled for that particular purpose, they were called the Previous Congregation. (2) Above the first body was a congregation of the regents of all the faculties, called the Lesser Congregation. It was virtually the legislature of the University. Matters of business, in the narrower sense, came before it, such as the management and disposition of its property and the details of income and expenditure. It elected the chancellor. Technical educational matters relating to the work of lecturers and scholars and the conferring of degrees were considered. Theoretically the chancellor himself conferred the degrees — the original licentiae docundi, — but the Lesser Congregation had the power to dispense by “graces” with some of the conditions earlier imposed, unless the dispensation were reserved by statute for the consideration of the Full Congregation. It was very easy to confuse the dispensation and the implied recommendation with the conferring of the degree, especially when the granting of the grace became a quite universal preliminary; the power of actually conferring the degree was accordingly lodged in this body later. (3) The third body was the congregation of all regents and non-regents, and was called the Great Congregation or Full Congregation. If the Lesser Congregation was the ordinary legislature of the University the Great Congregation might be regarded in some respects rather as a constitutional body. It alone had the power to pass a “permanent statute.” It also acted on some matters specially reserved for it. The separate faculties voted in separate places as units. The nonregents also voted as a separate unit and as such were called one of the faculties. In the administration of his court the chancellor brought his powers to bear on clerks in their contact not only with townsmen and the wider body of the king’s subjects but also with one another; in the latter class of relations his jurisdiction had increased largely at the expense of the Church, and consequently suffered less from the supervision or interference of the king or his courts. In 1280, when the University succeeded in defending the jurisdiction of the chancellor against the Bishop of Lincoln, and even secured from a provincial convocation of bishops a denial of the right to even exercise an appellate jurisdiction in the classes of cases in question, a judicial action of the chancellor was treated much as one of his administrative acts would be treated. An appeal lay from his decision to a Congregation of regents and then to a Great Congregation of regents and non-regents. Controversies of small importance, however, were heard by the Hebdomadarius, a bachelor of law appointed by the chancellor each week, as indicated by his official name; they might then be taken by appeal before the chancellor or some officer who should have his authority to act in his place; they might then be carried higher by appeal like other controversies. As a matter of practice, cases when appealed to the congregations were not heard bythem directly and in full session, but by boards of delegates of each faculty selected for the purpose. It may be said, then, that in the regulation of the relations of masters and scholars to one another or to the University, a system of specially designed courts had developed in the Hebdomadarius, the chancellor or his representative, and the boards of appeal of the congregations. |
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