Privilege of Frederick I. for the Students. 1158, In order to give greater unity to this short pamphlet, the editor has I. PRIVILEGES OF THE STUDENTS. The students of the French universities were considered to be members of the church and were styled clerici. They enjoyed the same privileges as the other members of the church. In addition, both kings and popes granted privileges; the kings were anxious to keep the students in their domains; the popes, by their grants, brought the students more directly under the authority of the church, and thus increased their own power. Many of the popes, too, had studied at the universities. Frederick's grant is often called the first privilege to a university; and it is generally said it was enacted for Bologna. Although it may have been obtained by the influence of the Bolognese doctors, it was granted to students in general; Bologna is not named. The historical poem on which Giesebrecht and Winkelmann relied to prove that it was for Bologna is undoubtedly a forgery. A good discussion of this privilege can be found in Denifle; Universitäten des Mittelalters, I, 48 ff, and 133 ff, and in Rashdall, I, 145 f. The first royal privilege for Paris, which has been preserved, was granted by Philip Augustus. In it we find him supporting the students against his own officer, the provost. We must always remember that in those days, when there were no university buildings, it was very easy for a whole university to decamp, and that this sometimes happened. The departure of the students was a real blow to the prosperity of any city. Gregory's statutes have been called the Magna Charta of the University of Paris. Here we find the pope, too, supporting the students against his own officer, the chancellor. The students had actually dispersed and had taken an oath not to return. By this act the pope established their privileges firmly, in spite of opposition from the queen. Possibly the most curious privilege is the right to suspend all courses. This was so much abused that, in 1256, Alexander IV. tried to modify it (Chart. I, No. 284), but to little purpose. It was the most effective weapon that the university could wield, and was used on the slightest provocation. This privilege was restricted by Pius II, and was lost in 1499. Compayré has a well-written chapter on the privileges of the universities in his "Abelard and the Origin and Early History of Universities." The subject is also discussed at length and with great learning by Rashdall, especially in Vol. I. PRIVILEGE OF FREDERICK I. FOR THE STUDENTS. 1158. Mon. Germ. Hist. LL. II. 114'. Latin. After a careful consideration of this subject by the bishops, abbots, dukes, counts, judges, and other nobles of our sacred palace, 'According to Denifle I, 50, the text of this document in the Monumenta very defective. 1 have not had access to any better edition. PRIVILEGE OF FREDERICK 1. FOR THE STUDENTS. 3 we, from our piety, have granted this privilege to all scholars who travel for the sake of study, and especially, to the professors' of divine and sacred laws, namely, that they may go in safety to the places in which the studies are carried on, both they themselves and their messengers, and may dwell there in security. For we think it fitting that, during good behavior, those should enjoy our praise and protection, by whose learning the world is enlightened to the obedience of God and of us, his ministers and the life of the subjects is moulded; and by a certain special love we defend them from all injuries. For who does not pity those who exile themselves through love for learning, who wear themselves out in poverty in place of riches, who expose their lives to all perils and often suffer bodily injury from the vilest men-this must be endured with vexation. Therefore, we declare by this general and ever to be valid law, that in the future no one shall be so rash as to venture to inflict any injury on scholars, or to occasion any loss to them on account of a debt owed by an inhabitant of their province-a thing which we have learned is sometimes done by an evil custom. And let it be known to the violators of this constitution, and also to those who shall at the time be the rulers of the places, that a four-fold restitution of property shall be exacted from all and that, the mark of infamy being affixed to them by the law itself, they shall lose their office forever. Moreover, if any one shall presume to bring a suit against them on account of any business, the choice in this matter shall be given to the scholars, who may summon the accusers to appear before their professors' or the bishop of the city, to whom we have given jurisdiction in this matter. But if, in sooth, the accuser shall attempt to drag the scholar before another judge, even if his cause is a very just one, he shall lose his suit for such an attempt. 'The use of this word has given rise to much discussion. Savigny thinks the privilege is intended especially for the professors of law at Bologna. But the wording in the other passages shows that the privilege was intended for the scholars. The best brief discussion is in Denifle I, 56 ff. 'The Latin reads, coram domino aut magistro suo vel ipsius civitatis episcopo. Dominus probably applies to the instructor in law and magister to the instructor in the other branches, so I have rendered the two by "professor," following Denifle I, 58. We also order this law to be inserted among the imperial constitutions under the title, ne filius pro patre, etc. Given at Roncaglia, in the year of our Lord 1158, in the month of November. PRIVILEGE OF PHILIP AUGUSTUS IN FAVOR OF THE STUDENTS AT PARIS. 1200. Chartularium Universitatis Parisiensis I, No. I, p. 59. Latin. In the Name of the sacred and indivisible Trinity, amen. Philip, by the grace of God, King of the French. Let all men know, now and in the future, that for the terrible crime owing to which five of the clergy and laity at Paris were killed by certain malefactors, we shall do justice as follows: that Thomas, then provost, concerning whom more than all others the students have complained, because he denies the deed, we shall consign to per petual imprisonment, in close confinement, with meagre fare, as long as he shall live; unless, perchance, he shall choose to undergo publicly at Paris the ordeal by water. If he attempts that and fails, he shall be condemned. If he succeeds, never henceforth at Paris nor anywhere else in our own land shall he be our provost or bailiff; nor elsewhere, if we are able to prevent it; nor shall he in the future enter Paris. And if through the full and legal examination, which we have entrusted to two of our faithful servants, Walter, the chamberlain, and Philip de Levis [to be conducted] without making any exception of persons, by the invocation of the Christian faith and by the fidelity which they owe to us, their liege lord, and through the oath which they have sworn to us concerning our honor and advice, we are able to learn what further we can and ought to do in the matter, we will do it without any hesitation, for God's honor and our own. Moreover, concerning the others who are in prison for the same crime, we will act thus: we will detain them in perpetual imprisonment, in our custody, unless they prefer to undergo the ordeal by water and to prove their innocence by God's witness. If they fail in that, we shall consider them condemned; unless, perchance, some of them having been fully tried 'See Rashdall, I, 296, or Roger de Hoveden, in Rolls Series, IV, 120, for the cause of this decree. PRIVILEGE OF PHILIP AUGUSTUS. 5 shall be found innocent, or being found less guilty, shall be freed from captivity by us, on the intercession of the scholars. Those, moreover, who have fled we consider ipso facto condemned, and we shall cause all the counts in our land to swear that they will diligently seek them out and if they are able to seize any one of them, they will seize him and send him to us at Paris. Also, concerning the safety of the students at Paris in the future, by the advice of our subjects we have ordained as follows: we will cause all the citizens of Paris to swear that if any one sees an injury done to any student by any layman, he will testify truthfully to this, nor will any one withdraw in order not to see [the act]. And if it shall happen that any one strikes a student, except in self-defense, especially if he strikes the student with a weapon, a club or a stone, all laymen who see [the act] shall in good faith seize the malefactor or malefactors and deliver them to our judge; nor shall they withdraw in order not to see the act, or seize the malefactor, or testify to the truth. Also, whether the malefactor is seized in open crime or not, we will make a legal and full examination through clerks or laymen or certain lawful persons; and our count and our judges shall do the same. And if by a full examination we or our judges are able to learn that he who is accused, is guilty of the crime, then we or our judges shall immediately inflict a penalty, according to the quality and nature of the crime; notwithstanding the fact that the criminal may deny the deed and say that he is ready to defend himself in single combat, or to purge himself by the ordeal by water. Also, neither our provost nor our judges shall lay hands on a student for any offence whatever; nor shall they place him in our prison, unless such a crime has been committed by the student, that he ought to be arrested. And in that case, our judge shall arrest him on the spot, without striking him at all, unless he resists, and shall hand him over to the ecclesiastical judge, who ought to guard him in order to satisfy us and the one suffering the injury. And if a serious crime has been committed, our judge shall go or shall send to see what is done with the student. If, indeed, the student does not resist arrest and yet suffers any injury, we will exact satisfaction for it, according to the aforesaid 'Students asked to be allowed to settle the matter for themselves by flogging them "after the manner of scholars." |