But perhaps there was no event, which tended farther to the improvement of the age, than one, which has not been much remarked, the accidental finding of a copy of Justinian’s Pandects, about the year 1130, in the town of Amalfi in Italy.—David Hume History of England, 23.34
The modern university is in a grave crisis in today’s imperial core. During a crisis it is instructive to return to one’s foundation and, thereby, reorient oneself. That foundation is Authentica habita, dating from 1155.[1] It was promulgated by Emperor Frederick Barbarossa (1122 – 1190), also known as Frederick I. This document had legal status throughout the Holy Roman Empire (it is known to us because it was included in new editions of the Justinian Code then recently rediscovered in the West.)
Authentica habita document was elicited by learned lawyers at Bologna. When they did so there was as-of-yet no corporate body organized as a university in Bologna, although we have good reason to believe that the town was already known for “the doctors of law and other masters staying there.” (Koeppler 1939: 593) Universities as corporate bodies with guild-like characteristics developed over a century later from them.[2]
Crucially, the practices made possible by Authentica habita shaped the articles of incorporation of these subsequent institutions. I will, thus, use it anachronistically to help conceptualize the framework for the privileges associated with the university ab initio.
Authentica habita is, in fact, a privilege granted not to a particular institution or even particular individuals, but to scholars as such. In particular, to scholars who have to travel from their homeland to a place of study: “we grant this favor of our piety to all scholars who travel for the sake of their studies, and especially to professors of divine and sacred laws, that both they and their messengers may come to the places where the studies of letters are pursued and dwell there in safety.” [“Omnibus qui causa studiorum peregrinantur scolaribus, et maxime divinarum atque sacrarum legum professoribus hoc nostre pietatis beneficium indulgemus, ut ad loca, in quibus literarum exercentur studia, tam ipsi quam eorum nuntii veniant et habitent in eis securi.”]
Anyone familiar with the contemporary practice of granting and revoking visas for students will immediately recognize the significance of Authentica habita. Not to put too fine a point on it: academic freedom is originally founded on this right for scholars to travel to and from their place of study. While legal scholars are singled out in the document, it secured a kind of cosmopolitan right of hospitality to all would-be-academics (including students).
