The masters and scholars of Bologna, Paris, and Oxford seem to have led the way in securing privileges. Their precedent made it easier for later universities to secure similar rights. These were sometimes established "with all the privileges of Paris and Bologna," or "all the privileges of any other university."
The authorities who granted privileges were the sovereigns of Various countries,—the Emperor of the Holy Roman Empire, the kings of France, England, the Spains—feudal lords, municipalities, and the Pope or his legates. They usually conferred them upon special universities, or upon the masters and students in specified towns, and sometimes only for a definite term of years. Minor privileges differed greatly in different localities, but the more important ones—indicated above—were possessed by nearly all universities.
The documents which follow illustrate both the variety of privileges and the variety of authorities who granted them.
(a) Special Protection is granted by the Sovereign
I. The earliest known privilege of any kind connected with the history of mediaeval universities is the Authentic Habita. It was granted by Frederick Barbarossa (Frederick I), Emperor of the Holy Roman Empire, at the Diet of Roncaglia, Italy, in 1158; probably through the influence of Doctors of Law from Bologna. These men were doubtless familiar with the fact that similar privileges had been given to teachers and scholars by various Roman emperors, some of which were preserved in the Code of Justinian (see p. 54). The Authentic Habita may be regarded as the revival of an ancient Roman custom. The section of the Authentic granting the special protection of the Emperor follows:
After careful inquiry of the bishops, abbots, dukes, counts, judges, and other nobles of our sacred palace in regard to this matter, we, in our loving-kindness, do grant to all scholars who are travelling for the sake of study, and especially to professors of divine and sacred laws, this privilege: Both they and their messengers are to come in security to the places in which the studies are carried on, and there they are to abide in security. For we think it proper, in order that they may be upheld in their good works by our fame and protection, to defend from all harm, by definite special favor, those by whose knowledge the world is illumined unto obedience to God and to us his servants, and the lives of our subjects are moulded…. Therefore by this law, which is of general effect, and is to be valid forever, we decree that hereafter no one shall show himself so bold as to presume to inflict any injury upon scholars, or, for an offence committed in their former province, to impose any fine upon them,—which, we have heard, sometimes happens through an evil custom. And let violators of this decree, and the local rulers at the time in case they have themselves neglected to punish such violation, know surely that a four-fold restitution of property shall be exacted from all, and that in addition to the brand of infamy affixed to them by the law itself, they shall be forever deprived of their official positions.[34]
2. In 1200 Philip Augustus of France made certain regulations regarding the protection of students at Paris, and entrusted their execution to the Provost of that city. This is the earliest known charter of privileges for Paris. It should be read in connection with the following selection. For the text in full see D.C. Munro, l.c. p. 4.
Small causes, great events! As is narrated in the contemporary account given below, a simple tavern brawl led to the granting of these extensive privileges. This is one among many examples of the way in which the universities turned similar events to their own advantage. The passage also exhibits a typical conflict between town and gown.
On the dissension which existed between the Scholars and the
Citizens of Paris. [1200 A.D.]
In that same year a grave dissension arose between the scholars
and the citizens of Paris, the origin of which was as follows: