Part 9 (1/2)

There was at Paris a notable Gere His servant, while buying wine at a tavern, was beaten and his wine jar was broken When this was known, the Ger the tavern they wounded the host, and having beaten hi hi 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 coe, 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 accoht, leaving their ho 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 cle hi of France that the Provost and his accoed 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 hisafraid that the Masters of the scholars, and the scholars theht to satisfy the 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 sa 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 sa 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 forlowered over the wall, the rope broke, and falling froround, he was killed[35]

3 Special protection for a liranted race of God King of France and Navarre, to our Provost at Paris, greeting Whereas the University, uardianshi+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 guardianshi+p,--which wrongs could not be prosecuted outside of Paris in any hich would prevent the distracted from their studies, to their serious prejudice and that of the aforesaid University, and froles 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 guardianshi+p, inflict upon the above-mentioned Masters or Scholars unjust violence, injury or loss, either within the lidos are coement 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 criht 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 iven 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 hatever interfered with under cover of wars or any other pretext whatever, by any persons whatever, of whatever condition, status, or prorants to Scholars the Right of Trial in Special Courts, in the City in which they are studying_

This rereat 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 , and before specified judges, ere 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 docu section of the _Authentic Habita_, described above:

Moreover, should anyone presuround, the choice [of judges] in the iven to the said scholars, who may meet their accusers before either their professors or the bishop of the city, to e have given jurisdiction in this matter But if, in sooth, the accusers shall attee, the scholar shall escape froh 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 ies 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 sies to universities in other countries It certainly affected those universities which were founded ”with all the privileges of any other university” Two further illustrations follow

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

To the masters and scholars at Paris In order that you may carry on your studies rant your petitions, 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] e[40]

3 The saards civil courts by Philip IV in 1340/41:

The Masters and Scholars studying at Paris, if sues of our realm, shall not be haled and cited to their courts outside of Paris; nor shall lay this about[41]

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

(c) _Exemption froes enjoyed by modern universities (in common with other educational institutions, and with churches) is exee is directly traceable to those of the h 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

1 One example of such exemption is found in the charter of Philip IV, 1340/41, already quoted:

To the aforesaid Masters and Scholars [of Paris], now in attendance at the University, and to those who are hereafter to co in sincerity so to co at the University, or returning to their own horant_that no layman, of whatever condition or prominence he may be, whether he be a private person, prefect, or bailiff, shall disturb, molest, or presu from the aforesaid Masters and Scholars, in person, family or property, under pretext of toll, _tallia_ [special form of feudal tax], tax, customs, or other such personal taxes, or other personal exaction of any kind, while they are either co in sincerity to co to their own homes; and whose status as scholars shall be established by the proper oath