1. The earliest document on the subject is the concluding section of the Authentic Habita, described 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 the jus non trahi extra (right of not being haled outside). “It became henceforth the characteristic university privilege, not only of Paris but of all universities which were in any degree influenced by Parisian usage."[42]
(c) Exemption from Taxation
One of the most important privileges enjoyed by modern universities (in common with other educational institutions, and with churches) is exemption from taxation. This privilege is directly traceable to those of the mediaeval universities, and possibly through 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.