Part 9 (1/2)

There was at Paris a notable German scholar who was bishop-elect of Liege. His servant, while buying wine at a tavern, was beaten and his wine jar was broken. When this was known, the German clerks came together and entering the tavern they wounded the host, and having beaten him they went off, leaving him half dead.

Therefore there was an outcry among the people and the city was stirred, so that Thomas, the Provost of Paris, under arms, and with an armed mob of citizens, broke into the Hall of the German clerks, and in their combat that notable scholar who was bishop-elect of Liege, was killed, with some of his people.

Therefore the Masters of the scholars in Paris going to the King of France complained to him of Thomas, the Provost of Paris and of his accomplices who killed the aforesaid scholars. And at their instance the aforesaid Thomas was arrested, as were certain of his accomplices, and put in prison. But some of them escaped by flight, leaving their homes and occupations; then the King of France, in his wrath, had their houses demolished and their vines and fruit trees uprooted.

But as to the Provost, it was decided that he should be kept in prison, not to be released until he should clear himself by the ordeal of water or sword, and if he failed, he should be hung, and if he was cleared he should, by the King's clemency, leave the kingdom.

And yet the scholars, pitying him, entreated the King of France that the Provost and his accomplices after being flogged after the manner of scholars at school, should be let alone and be restored to their occupations.

But the King of France would not grant this, saying that it would be greatly derogatory to his honor if any one but himself should punish his malefactors. Furthermore, this same King of France, being afraid that the Masters of the scholars, and the scholars themselves, would withdraw from his city, sought to satisfy them by decreeing that for the future no clerk should be haled to a secular trial on account of any misdemeanor which he had committed, but that if the clerk committed a misdemeanor he should be delivered over to the Bishop and be dealt with in accordance with the clerk's court. Also this same King of France decreed that whoever was the Provost of Paris should take oath that he would be loyal to the clerks, saving his loyalty to the King. Moreover this same King conferred upon the scholars his own sure peace and confirmed it to them by his own charter.

But that Provost, when he had been detained in the King's prison for many days planned his escape by flight, and, as he was being lowered over the wall, the rope broke, and falling from a height to the ground, he was killed.[35]

3. Special protection for a limited time is granted more explicitly by Philip IV in 1306:

Philip, by the grace of G.o.d King of France and Navarre, to our Provost at Paris, greeting. Whereas the University, masters and Scholars at Paris, are under our special guardians.h.i.+p and protection as they--both Masters, and Scholars as well--come to their studies, stay in the said city, or return to their own places; and inasmuch as injuries, annoyances, oppression, and violence are frequently inflicted upon them, as we have heard, not only in your prefecture but in other places also, to the prejudice of our guardians.h.i.+p,--which wrongs could not be prosecuted outside of Paris in any way which would prevent them from being distracted from their studies, to their serious prejudice and that of the aforesaid University, and from being hara.s.sed by serious struggles and expense,--therefore we entrust and commit to you their protection and custody, and in addition thereto the restraint of those persons who, to the prejudice of our protection and guardians.h.i.+p, inflict upon the above-mentioned Masters or Scholars unjust violence, injury or loss, either within the limits of your prefecture or in other places of our kingdom, wheresoever the aforesaid wrongs are committed.

This present arrangement is to be in force for a period of two years only.[36]

4. The personal property of Masters and Scholars is protected.

The privilege of Philip Augustus for Paris, 1200.

Also our judges [of the secular courts] shall not lay hands on the chattels of the students at Paris for any crime whatever. But if it seem that these ought to be sequestrated, they shall be sequestrated and guarded after sequestration by the ecclesiastical judge, in order that whatever is judged legal by the ecclesiastical judge may be done.[37]

More comprehensive protection is given by the charter of Philip IV, 1340/41, concerning Masters and Scholars at Paris. The king decrees--

Likewise, that their goods and means of support, whereon they have and will have to live in pursuing their studies as aforesaid, in consideration of their status, shall not be taken for our use or that of our subjects or be in any way whatever interfered with under cover of wars or any other pretext whatever, by any persons whatever, of whatever condition, status, or prominence they may be.[38]

(b) _The Sovereign grants to Scholars the Right of Trial in Special Courts, in the City in which they are studying._

This remarkable privilege was one great source of the liberty of mediaeval scholars. Under its protection they could not be summoned to a court outside the university town, even to answer for an offense committed elsewhere; the plaintiff must appear at the town in which they were studying, and before specified judges, who were at least not inclined to deal severely with scholars. At Paris scholars were not only protected as defendants, but they had the right as plaintiffs to summon the accused to Paris.

1. The earliest doc.u.ment on the subject is the concluding section of the _Authentic Habita_, described above:

Moreover, should anyone presume to bring a lawsuit against the scholars on any ground, the choice [of judges] in the matter shall be given to the said scholars, who may meet their accusers before either their professors or the bishop of the city, to whom we have given jurisdiction in this matter. But if, in sooth, the accusers shall attempt to hale the scholar before another judge, the scholar shall escape from the merited punishment, even though the cause be most just, because of such attempt.

This provision is reminiscent of, if not actually inspired by, a similar provision for scholars in the Code of Justinian (see p. 54). The _Authentic Habita_ as a whole is important as the fundamental charter of university privileges in Italy, if not in other countries. It was not granted to a university,--indeed, no university was apparently then in existence,--nor to the scholars of any special town; it was ”of general effect.” But ”this pre-university charter was usually recognized as the basis of all the special privileges conferred on particular (Italian) universities by the States in which they were situated.”[39] Probably it suggested, directly or indirectly, the granting of similar privileges to universities in other countries. It certainly affected those universities which were founded ”with all the privileges of any other university.” Two further ill.u.s.trations follow.

2. In 1245 Pope Innocent IV exempted students at Paris from citation to ecclesiastical courts outside of Paris, in order that their studies might not be interrupted:

To the masters and scholars at Paris. In order that you may carry on your studies more freely and be less occupied with other business, we grant your pet.i.tions, and by the authority of this present letter bestow upon you the privilege of not being haled by apostolic letters beyond the limits of the city of Paris upon questions that have arisen within its limits, unless [these letters] make express mention of this privilege.[40]

3. The same privilege was granted as regards civil courts by Philip IV in 1340/41:

... The Masters and Scholars studying at Paris, if summoned by any secular judges of our realm, shall not be haled and cited to their courts outside of Paris; nor shall laymen who are subject to our rule attempt to bring this about.[41]

This right was known at Paris as the _jus non trahi extra_ (right of not being haled outside). ”It became henceforth _the_ characteristic university privilege, not only of Paris but of all universities which were in any degree influenced by Parisian usage.”[42]

(c) _Exemption from Taxation_

One of the most important privileges enjoyed by modern universities (in common with other educational inst.i.tutions, and with churches) is exemption from taxation. This privilege is directly traceable to those of the mediaeval universities, and possibly through them to Roman laws on the subject. In the early history of universities the privilege was held, not by the corporations as such, but by masters and scholars as individuals.