A Source Book for Mediæval History: Selected Documents illustrating the History of Europe in the Middle AgeThatcher, Oliver J. (Oliver Joseph)
History
A Source Book for Mediæval History: Selected Documents illustrating the History of Europe in the Middle Age
Thatcher, Oliver J. (Oliver Joseph)
Europe -- History -- 476-1492 -- Sources; Middle Ages -- Sources
My country suffers dishonor, and great loss and injury, in that many of
its inhabitants resort to foreign courts. Be it known that we have
decreed that hereafter no inhabitant of our country shall summon or sue
another before any foreign court, ecclesiastical or secular, for any
matter whatsoever. If the case is ecclesiastical and legally comes under
the jurisdiction of an ecclesiastical court, the plaintiff shall bring
it before some ecclesiastical court in our country, and be content with
the decision rendered there. There shall be no appeal to a foreign
court. If the case is secular, it shall be brought and pleaded before
the secular court where the defendant belongs. It shall be tried before
that court under whose jurisdiction the case falls, and the plaintiff
shall be content with the decision rendered. If any inhabitant of our
land is not content with the decision, but appeals to a foreign court in
any way, he shall be held to be an outlaw. He shall be banished for life
and never be permitted to return to this country; and anyone may attack
him and his property without any hindrance, because he is an outlaw....
We and our subjects have for a long time been annoyed and troubled
beyond measure by the ecclesiastical judges who hear cases which do not
belong under their jurisdiction. For although they are only
ecclesiastical judges, they hear ecclesiastical and secular cases. And
very often they render unjust decisions. The effect of this is the
spread of unbelief among the people, who neglect and dishonor God and
the holy church. The glory of God and the honor of the church demand
that this abuse be stopped. We will therefore do all we can to have the
princes and prelates who have jurisdiction in our land reform their
ecclesiastical courts. For these ecclesiastical courts shall refuse to
hear secular cases and try only ecclesiastical cases. We forbid all
persons in our land to summon, sue, or denounce another on a secular
charge before an ecclesiastical court....
176. Papal Charter for the Establishment of the University of Avignon,
1303.
Bullarium Romanum, III, ii, pp. 101 f.
It was regarded as the exclusive right of the pope to establish a
university, or _studium generale_, as it was called. We give the
document by which he established the University of Avignon as a sample
of these numerous papal establishments. It contains a clear and
interesting account of the examinations and the conferring of the
Master's degree.
Public-domain text, read in full here on John Shaqi.
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