or prominence they may be.[38]


(b) _The Sovereign grants to Scholars the Right of Trial in Special
Courts, in the City in which they are studying._

This remarkable privilege was one great source of the liberty of
mediaeval scholars. Under its protection they could not be summoned to a
court outside the university town, even to answer for an offense
committed elsewhere; the plaintiff must appear at the town in which they
were studying, and before specified judges, who were at least not
inclined to deal severely with scholars. At Paris scholars were not only
protected as defendants, but they had the right as plaintiffs to summon
the accused to Paris.

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