to occasion any loss to them on account of a debt owed to them 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 violaters 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. 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. 102. Privileges granted the Students at Paris by Philip Augustus (Chartularium Universitatis Parisiensis, vol. 1, no. 1, p. 59; trans. by Munro, Translations and Reprints from Sources of European History, vol. II, no. 3, pp. 4−7) This is the first royal privilege granted at Paris which has been preserved to us. It dates from 1200. It dates from 1200. Since students and teachers could leave the city so easily, and thus seriously interfere with its prosperity, it was desirable to make many concessions to them to make them satisfied to remain. Later, in the interests of law and order, many of these privileges had to be withdrawn. Here the king makes very liberal grants. 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 perpetual 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 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. ... 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 on 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 offense 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 examination and the aforesaid oath. Also our judges shall not lay hands on the chattels of the students at Paris for any crime whatever. But if it shall 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 church, may be done with the chattels. But if students are arrested by our count at such an hour that the ecclesiastical judge can not be found and be present at once, our provost shall cause the culprits to be guarded in some student's house without any ill-treatment, as is said above, until they are delivered to the ecclesiastical judge. . . . In order, moreover, that these (decrees) may be kept more carefully and may be established forever by a fixed law, we have decided that our present provost and the people of Paris shall affirm by an oath, in the presence of the scholars, that they will carry out in good faith all the above-mentioned. And always in the future, whosoever receives from us the office of provost in Paris, among the other initiatory acts of his office, namely, on the first or second Sunday, in one of the churches of Paris, — after he has been summoned for the purpose, ... shall affirm by an oath, publicly in the presence of the scholars, that he will keep in good faith all the above-mentioned. And that these decrees may be valid forever, we have ordered this document to be confirmed by the authority of our seal and by the characters of the royal name, signed below. Done near Betisi in the 1200th year of the Incarnation of our Lord, in the 21st year of our reign, those being present in our palace whose names and signs are placed below. The office of Seneschal vacant. Seal of Guy, the Cup-bearer. Seal of Matthew, the Chamberlain. Seal of Drogo, the Constable. Done during a vacancy (monogram) in the Chancellorship. 103. Charter of the University of Heidelberg The following complete university charter, dating from 1386, is interesting in showing how much Paris formed a model, and also the extent of the grant of privileges to the master and scholars. a. We, Rupert the elder, by the grace of God Count Palatine of the Rhine, elector of the Holy Empire and duke of Bavaria — lest we seem to abuse the privilege conceded to us by the apostolic see of founding a place of study at Heidelberg like to that at Paris, and lest, for this reason, being subjected to the divine judgment, we should merit to be deprived of the privilege granted, do decree with provident counsel, which decree is to be observed there unto all time, that the university of Heidelberg shall be ruled, disposed and regulated according to the modes and matters accustomed to be observed in the university of Paris. Also that, as a handmaid of the Parisian institution a worthy one, let us hope, - the latter's steps shall be imitated in every way possible; so that, namely, there shall be four faculties in it: the first, of sacred theology or divinity; the second, of canon and civil law, which, by reason of their similarity, we think best to comprise under one faculty; the third, of medicine; the fourth, of liberal arts of the threefold philosophy, namely, primal, natural, and moral, three mutually subservient daughters. We wish this institution to be divided and marked out into four nations, as it is at Paris; and that all these faculties shall make one university, and that to it the individual students, in whichever of the said faculties they are, shall indivisibly belong like lawful sons of one mother. Likewise that that university shall be governed by one rector, and that the different masters and teachers, before they are admitted to the common pursuits of our institution, shall swear to observe the statutes, laws, privileges, liberties and franchises of the same, and not reveal its secrets, to whatever grade they may rise. Also that they will uphold the honour of the rector and the rectorship of our university, and will obey the rector in all things lawful and honest, whatever be the grade to which they may afterwards happen to be promoted. Moreover that the different masters and bachelors shall read their lectures and exercise their scholastic functions and go about in caps and gowns of a uniform and similar nature, according as that has been observed at Paris up to this time in the different faculties. And we will say that if any faculty, nation or person shall oppose the aforesaid regulations, or pertinaciously refuse to obey them or any one of them which God forbid, — from that time forward that same faculty, nation or person, if it do not desist upon being warned, shall be deprived of all connection with our aforesaid institution, and shall not have the benefit of our defence or protection. Moreover we will and ordain that as the university as a whole may do for those assembled here and subject to it, so each faculty, nation or province of it may found lawful statutes and ones suitable to its needs, provided that through them or any one of them no prejudice is done to the above regulations and to our institution, and that no kind of impediment arise from them. And we will that when the separate bodies shall have passed the statutes for their own observance, they may make them perpetually binding on those subject to them and on their successors. And as in the university of Paris the different servants of the institutions have the benefit of the different privileges which its masters and scholars enjoy, so in starting our institution in Heidelberg, we grant, with even greater liberality, through these presents, that all the servants, viz.: its Pedells, librarians, lower officials, preparers of parchment, scribes, illuminators and others who serve it, may each and all, without fraud, enjoy in it the same privileges, franchises, immunities and liberties with which its masters or scholars are now or shall hereafter be endowed. b. Lest in the new community of the city of Heidelberg, their faults being unpunished, there be an incentive to the scholars of doing wrong, we ordain with provident counsel by these presents, that the bishop of Worms, as judge ordinary of the clerks of our institution, shall have and possess, now and hereafter while our institution shall last, prisons, and an office in our town of Heidelberg for the detection of criminal clerks. These things we have seen fit to grant to him and his successors, adding these conditions: that he shall permit no clerk to be arrested unless for a misdemeanour; that he shall restore any one detained for such fault or for any light offence to his master or to the rector if he asks for him, a promise having been given that the culprit will appear in court and that the rector or master will answer for him if the injured parties should go to law about the matter. Furthermore that, on being requested, he will restore a clerk arrested for a crime on slight evidence, pon receiving a sufficient pledgesponsers if the prisoner can obtain them, otherwise an oath if he can not obtain sponsers to the effect that he will answer in court the charges against him; and in all these things there shall be no pecuniary exactions, except that the clerk shall give satisfaction, reasonably and according to the rule of the aforementioned town, for the expenses which he incurred while in prison. And that he will detain honestly and without serious injury a criminal clerk thus arrested for a crime where the suspicion is grave and strong, until the truth can be found out concerning the deed of which he is suspected. And he shall not for any cause, moreover, take away any clerk from our aforesaid town, or permit him to be taken away, unless the proper observances have been followed, and he has been condemned by judicial sentence to perpetual imprisonment for a crime. We command our advocate and bailiff and their servants in our aforesaid town, under pain of losing their office and our favour, not to put a detaining hand on any master or scholar of our said institution, nor to arrest him nor allow him to be arrested, unless the deed be such a one that that master or scholar ought rightly to be detained. He shall be restored to his rector or master, if he is held for a slight cause, provided he will swear and promise to appear in court concerning the matter; and we decree that a slight fault is one for which a layman, if he had committed it, ought to have been condemned to a light pecuniary fine. Likewise, if the master or scholar detained be found gravely or strongly suspected of the crime, we command that he be handed over by our officials to the bishop or to his representative in our said town, to be kept in custody. c. By the tenor of these presents we grant to each and all the masters and scholars that, when they come to said institution, while they remain there, and also when they return from it to their homes, they may freely carry with them both coming and going, throughout all the lands subject to us, all their things which they need while pursuing their studies, and all the goods necessary for their support, without any duty, levy, imposts, tailles, gabelles, or other exactions whatever. And we wish them and each one of them, to be free from all the aforesaid imposts when purchasing corn, wines, meat, fish, clothes and all things. necessary for their living and for their rank. And we decree that the scholars from their stock in hand of provisions, if there remain over one or two waggonloads of wine without their having practiced deception, may after the feast of Easter of that year sell it en gros without paying impost. We grant to them, moreover, that each day the scholars, of themselves or through their servants, may be allowed to buy in the town of Heidelberg, at the accustomed hour, freely and without impediment or hurtful delay, any eatables or other necessaries of life. d. Lest the masters and scholars of our institution of Heidelberg may be oppressed by the citizens, avarice inducing them, through the ex |