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 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
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 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] 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 th
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