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COPYRIGHT, 1889,

BY COLUMBIA LAW TIMES PUBLISHING CC.

PRESS OF AE CHASMAR & CO. 833 BROADWAY NY

COLUMBIA LAW TIMES.

VOL. II.

OCTOBER, 1888.

No. I.

ADDRESS DELIVERED BY PROFESSOR DWIGHT TO THE GRADUATING CLASS IN COLUMBIA COLLEGE LAW SCHOOL AT THE METROPOLITAN OPERA HOUSE, NEW YORK, ON THE EVENING OF JUNE 13th.

GENTLEMEN OF the Graduating CLASS, 1888:

In a few days the city of Bologna in Italy will celebrate with appropriate ceremonies the foundation of its great university, established, as 'tis said, eight hundred years ago. There are many things about this ancient city of Northern Italy to make it famous. Its location in a vast and fertile plain crowned with magnificent mountains, its noble arcades, its splendid library, and its collection of the master pieces of art-among them the wonderful Saint Cecilia of Raphael, at once the delight and despair of artistsgive it a just celebrity. It does not detract from its dignity that it is near the place where the second Roman triumvirate met to murder liberty, and to divide the civilized world among them as plunderers of the human race, nor that the great Charles V. there received the crown of the Roman Empire and of Italy.

Among all the possessions and claims of this old and historic city, none is so

lasting, so defiant of the ravages of time as its university. Old as it is, it still has a vigorous life, and now, in the early weeks of 1888, it is sending out to our youthful Columbia a hearty invitation to come over to Italy and partake of a generous literary hospitality. Columbia has joyfully accepted and will be represented there.

Bologna is a conspicuous instance of obedience to the Scripture rule of following the better part. She chose immaterial instead of material things. She chose learning, culture, art instead of mere material wealth. It is for this reason that she is still alive and bids fair to be immortal, and is able to send us to-day her university birthday greetings of eight hundred summers, more or less, for no one knows exactly how old her university is. Her character has been well summed up by a noted writer. "The two grand features of the Bolognese character are formed by the two most honorable passions that can

animate the human soul-the love of knowledge and the love of liberty-passions which, predominate through the whole series of their history, and are justly expressed on their standard, where 'liberty' blazes in golden letters in the centre, while the phrase 'Bologna teaches' (Bononia docet) waves in embroidery down the borders"-a beautiful tribute indeed to the principle that while liberty is the centre of all things in its state, nothing can so fitly accompany it as learning and a true theory and practice of the art of education.

The thing which most concerns us tonight is that Bologna was the first of all the cities of modern Europe to teach law in her great law school, opening up the treasures of the Roman law to ten thousand students at one time. Here they came from all parts of Europe, and were instructed without regard to race or nation. Only one question was asked of any stranger: "Would you like to study law? if so, enter in and be welcome." The professors might not only be chosen from the class of strong men, but from that of beautiful and accomplished womenone of them so beautiful and charming that she lectured behind a curtain, in order to avoid any disturbing influence upon the crowds who attend her from her smiles or frowns, and so she became the model "curtain lecturer" of all time. So much the worse for us of modern times for all her lectures have disappeared, and only her name and fame survive.

This famous law school is no doubt a direct descendent from one at Rome, and thus connects the legal teaching of the Romans with our own, for many a law school in other parts of Europe is distinctly founded upon that at Bologna. No jurist can fail to remember with gratitude that the modern scientific treatment of law

finds its true basis in the school of Bologna. There was a very remarkable peculiarity in this school, or university-for it developed into a university—distinguishing it from other universities. The students formed the governing body. It was by their votes determined who should teach them. Here was a true educational democracy. If a man had a vocation to teach and the requisite ability, he awakened respect and affection in students who were dead in earnest, and who thronged his lecture room, while voices resounded in his favor in all languages known to civilized man.

It would not be just to say that there was always plain sailing. The untamed spirits of the youth of that day, when they were excited, were something appalling. Liberty and law constantly met face to face, but not always with a loving embrace. The students and the city authorities were in a frequent state of warfare. At times the whole body of students would leave the city, taking, en masse, a solemn oath that they would never return. Then there would come a reaction of feeling, followed by reconciliation. oath stood in the way of their coming back, for to wilfully break an oath was then a mortal sin. But the professors were fertile in expedients and called in the Pope to grant a dispensation from the oath. This he graciously bestowed, and all was well again. The Bolognese were in such cases in a truly unhappy state of mind. They could not bear to keep the students; to part with them was still more unendurable.

But the

This law school was so full of life and vigor that it—as I have said-blossomed out into a university. The doctors came and established a school of medicine. The theologians added to its numbers, having, however, a kind of separate ex

istence, so that, in one sense, there came to be four universities-two of law, one of medicine and one of theology.

All the time the students formed the university and governed the professors. This was rare sport, and university life was truly pleasant. They met in great assemblies, voting with black and white beans, and were required by ordinances to attend such assemblies at least three times a year, or suffer forfeiture of rights.

The foreign students, after a time, were so numerous that they formed a class by themselves, being divided into nations, according to the place of their birth. Thirty-five nations were represented at one time, including among others, France, Portugal, Spain, Germany, England, Poland, Hungary and Bohemia.

In 1595 there must have come from across the seas, impelled by a thirst for legal knowledge, some wandering student from America. And so there came a new nation into the old university, having a counsellor to represent it. This wild-eyed son of the then untrodden West must have made a good impression, for a few years later, the university, open to all good things, was the proud possessor of a beautiful map of America, which was ordered to be kept in the archives for ever. It is to be hoped that some of our pilgrims of this year, 1888, will rediscover this map and touch the point where the oldest civilization of Europe first reached out its hand to the unknown men and country of the West, and bid them share in and in time develop the course of even handed justice.

And so we are justified in saying that while the roots of the university were in the heart of Italy, its branches extended throughout the civilized world, grateful for shade and for hardy and wholesome fruit.

The life of the university was the centre and sun of the whole civic life. Bologna existed for the sake of the university, and the thoughts of all men were occupied with the best mode of developing its resources and adorning it. A few of the regulations in its behalf are truly significant.

The rector held a high rank among the citizens. He had precedence over the highest of the city clergy, including even archbishops, and was called by the proud title of magnificus. Every year the men of wealth were required to provide a round sum to entertain the jurists at a splendid banquet. Again, when the first snow fell (and the law required legal evidence to show that the snow had fallen) commissioners went about collecting money from the men of wealth to pay for portraits or statutes of the most distinguished teachers of law to adorn the walls of the university, at once a source of stimulus and delight to the crowds of students who thronged the public halls. So we may fairly say that if the students had a good time, the experience of the professors was more than good; it was glorious.

When the period of preliminary study was passed, the time came for examination for the degree, which was two-fold

first, that of licentiate; afterwards, that of doctor. In examining the licentiate the utmost fairness must be observed. The examiner must treat him in as friendly manner as if he were his own son. not, he was unworthy of his position, and would be suspended for a year.

If

To become a Doctor of Laws was some

thing of the highest importance. There was a public examination held in the cathedral to which all went in a solemn procession. The candidate read a paper on a legal subject, and was proclaimed doctor. Then there were symbolic gifts,

a book, a ring and a doctor's hat, and he was seated among other dignitaries of his class, and soon all left the cathedral in the same solemn procession. The receipt of the degree was accompanied by gifts from the recipient; new clothing of beauty and value was presented to many persons. The city was not yet quite done with the matter, for so eager was it to keep all the benefits and glory of this great school to themselves that they made every doctor swear that he would not teach law outside of Bologna, and would in every possible way discourage legal instruction elsewhere. This high protective tariff upon local education did not last very long, the students paying the city a sum of money to abrogate it.

Every doctor, by force of his degree, had a right to lecture if he could only get students to hear him. All was voluntary and without compensation. The students made the first contract to pay a jurist to teach them in 1279. Afterwards they induced the city to pay them while they made the selection of the teachers.

The required course of study was brief. In it there were many holidays. There were no lectures on any Thursday, which was devoted to the care of the person, being called "bath day"-a day which, though the delight of Englishmen, perhaps needed to be made compulsory in Italy. The morning lecture commenced at daybreak, or, if the parties concerned pleased, earlier, but not later. The teacher who commenced late was fined, and so was the student who tarried in the lecture room after the lecture was over. Military rules as to punctuality prevailed, for the rector at least was entitled to wear arms. Every teacher must give his lectures in person and not allow others to read them on his behalf. Each man at first read at

his own residence, but after a time public audience rooms were required.

The teachers were permitted to take private pupils for a compensation, and were accustomed to make bargains to this effect through the medium of other students. Some of the evilly disposed men after enjoying the instruction would repudiate the contract on an assumed legal ground that such a personal contract made by an agent in the absence of the principal was not binding. When a lecturer was not popular, and failed to get an audience, he would sometimes pay or lend money to students to come and attend. Even distinguished Americans in our day, it is said, knew how to make up an audience by hiring modern Italians of a more degenerate type to be present to lustily cheer in an unknown tongue.

The relation between scholar and teacher was not so complicated and transient as now. A student connected himself largely with one teaching jurist, whom he called affectionately his teacher (dominus meus). The relation brought him under the civil as well as criminal jurisdiction of his professor, who was not merely guide, philosopher and friend, but also judge, and I might almost say sheriff as well.

Let us draw aside the veil of antiquity which shroud these relations, and listen for a moment to an old law professor, lecturing at Bologna six hundred years ago, while the great poet, Dante, was still a youth, who may have seen him in cap and gown, with venerable locks. The professor is just closing his course, and winds up thus: "Now, gentlemen, we have just finished the book, for which we have to thank God, the Virgin Mary and all the Saints. It has long been the custom in this university when a book is finished to chant a high choral service in

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