Authentica habita, [1] or Privilegium Scholasticum, was a document written in 1155 ca. [1] by the Emperor Frederick I Barbarossa. [2] In it, he set out for the first time some of the rules, rights and privileges of students and scholars. It is an important precursor to the formation of medieval universities in Europe.
Scholars from all over Europe had begun to travel to Bologna to study civil and canon law, and newly rediscovered works of Roman law, from the mid-11th century. As foreigners there, they found themselves without legal protection. A particular difficulty was the practice of the Right of Reprisal, where their property could be seized on foot of debts incurred by their countrymen.
The document grants several rights and protections to scholars including:
The document was subsequently confirmed by Pope Alexander III. The emperor incorporated the document into Justinian’s Codex, the extant body of Roman law, indicating its significance.
One medieval commentary to the document exists, written by Bartolomeo Bolognini [3] in 1492. See also Pearl Kibre's "Scholarly privileges in the Middle Ages". [4]
Pope Alexander III, born Roland, was head of the Catholic Church and ruler of the Papal States from 7 September 1159 until his death in 1181.
Pope Adrian IV was head of the Catholic Church and ruler of the Papal States from 4 December 1154 to his death in 1159. He is the only Englishman to have been pope.
Frederick Barbarossa, also known as Frederick I, was the Holy Roman Emperor from 1155 until his death 35 years later. He was elected King of Germany in Frankfurt on 4 March 1152 and crowned in Aachen on 9 March 1152. He was crowned King of Italy on 24 April 1155 in Pavia and emperor by Pope Adrian IV on 18 June 1155 in Rome. Two years later, the term sacrum ("holy") first appeared in a document in connection with his empire. He was later formally crowned King of Burgundy, at Arles on 30 June 1178. He was named Barbarossa by the northern Italian cities which he attempted to rule: Barbarossa means "red beard" in Italian; in German, he was known as Kaiser Rotbart, which in English means "Emperor Redbeard." The prevalence of the Italian nickname, even in later German usage, reflects the centrality of the Italian campaigns to his career.
Frederick II was King of Sicily from 1198, King of Germany from 1212, King of Italy and Holy Roman Emperor from 1220 and King of Jerusalem from 1225. He was the son of emperor Henry VI of the Hohenstaufen dynasty and Queen Constance of Sicily of the Hauteville dynasty.
A medieval university was a corporation organized during the Middle Ages for the purposes of higher education. The first Western European institutions generally considered to be universities were established in present-day Italy, including the Kingdoms of Sicily and Naples, and the Kingdoms of England, France, Spain, Portugal, and Scotland between the 11th and 15th centuries for the study of the arts and the higher disciplines of theology, law, and medicine. These universities evolved from much older Christian cathedral schools and monastic schools, and it is difficult to define the exact date when they became true universities, though the lists of studia generalia for higher education in Europe held by the Vatican are a useful guide.
In English law, the benefit of clergy was originally a provision by which clergymen accused of a crime could claim that they were outside the jurisdiction of the secular courts and be tried instead in an ecclesiastical court under canon law. The ecclesiastical courts were generally seen as being more lenient in their prosecutions and punishments, and many efforts were made by defendants to claim clergy status, often on questionable or fraudulent grounds.
The Investiture Controversy or Investiture Contest was a conflict between the Church and the state in medieval Europe over the ability to choose and install bishops (investiture) and abbots of monasteries and the pope himself. A series of popes in the 11th and 12th centuries undercut the power of the Holy Roman Emperor and other European monarchies, and the controversy led to nearly 50 years of conflict.
The University of Bologna is a public research university in Bologna, Italy. Founded in 1088 by an organised guild of students (studiorum), it is the oldest university in continuous operation in the world, and the first degree-awarding institution of higher learning. At its foundation, the word universitas was first coined. With over 90,000 students, it is the second-largest university in Italy after La Sapienza in Rome.
A privilege is a certain entitlement to immunity granted by the state or another authority to a restricted group, either by birth or on a conditional basis. Land-titles and taxi medallions are examples of transferable privilege – they can be revoked in certain circumstances. In modern democratic states, a privilege is conditional and granted only after birth. By contrast, a right is an inherent, irrevocable entitlement held by all citizens or all human beings from the moment of birth. Various examples of old common law privilege still exist – to title deeds, for example. Etymologically, a privilege (privilegium) means a "private law", or rule relating to a specific individual or institution.
The University of Paris strike of 1229 was caused by the deaths of a number of students in punishing a student riot. The students protested with a "dispersion", or student strike, which lasted more than two years and led to a number of reforms of the medieval university. The event demonstrates the town and gown power struggles with the Church, secular leaders and the emerging student class and a lessening of local Church authority over the University of Paris. The university was placed squarely under direct papal patronage, part of the program to centralise the Church structure, which had intensified under Innocent III.
The Privilegium Minus was a deed issued by Holy Roman Emperor Frederick Barbarossa on 17 September 1156. It included the elevation of the Bavarian frontier march of Austria to a duchy, which was given as an inheritable fief to the House of Babenberg.
The Privilegium maius was a set of medieval documents forged in 1358 or 1359 at the behest of Duke Rudolf IV of Austria (1358–65) of the House of Habsburg. It was essentially a modified version of the Privilegium minus issued by Emperor Frederick I Barbarossa in 1156, which had elevated the former March of Austria into a duchy. In a similar way, the Privilegium maius elevated the duchy into an Archduchy of Austria.
Irnerius, sometimes referred to as lucerna juris, was an Italian jurist, and founder of the School of Glossators and thus of the tradition of Medieval Roman Law.
In nomine Domini is a papal bull written by Pope Nicholas II. The bull was issued on 13 April 1059 and caused major reforms in the system of papal election, most notably establishing the cardinal-bishops as the sole electors of the pope, with the consent of minor clergy.
A university is an institution of higher education and research which awards academic degrees in several academic disciplines. Universities typically offer both undergraduate and postgraduate programs. In the United States, the designation is reserved for colleges that have a graduate school.
Under the law of the Holy Roman Empire, a Landfrieden or Landfriede was a contractual waiver of the use of legitimate force, by rulers of specified territories, to assert their own legal claims. This especially affected the right of feuding.
Hugo de Porta Ravennate was an Italian jurist, and member of the Glossators of Bologna. He came from a noble family who had residence in the city of Bologna, but whose family name meant "the gate of Ravenna".
Pearl Kibre was an American historian. She won a Guggenheim Fellowship in 1950 for her work on medieval science and universities.
Barbara H. Rosenwein, née Herstein is an American historian who is professor emerita of history at Loyola University Chicago. Rosenwein is an expert in medieval history, on which she has written a number of influential works.
Among the specific privilegia drawn up on behalf of scholars, the Privilegium scholasticum, or Authentica Habita issued by the emperor, Frederick Barbarossa, at the Diet of Roncaglia in November of 1158, is the most famous and influential of its kind.