Source: Translations and Reprints from the Original Sources of European
History.
Vol 6, no. 5 (1899), pp. 91-99. Transcribed by Briana Poyer.
25. That counts and centenarii shall compel all to do justice
in every respect, and shall have such assistants in their ministries as
they can securely confide in, who will observe law and justice faithfully,
who will oppress the poor in no manner, who will not dare under any pretext,
on account of flattery or reward, to conceal thieves, robbers, murderers,
adulterers, magicians, wizards or witches, and all sacrilegious men, but
instead will give them up that they may be punished and chastised in accordance
with the law, so that, God granting it, all of these evils may be removed
from the Christian people.
26. That judges shall judge justly in accordance with the
written law and not according to their own will.
27. And we command that no one in our whole kingdom shall
dare to deny hospitality to rich or poor or pilgrims, that is, no one shall
deny shelter and fire and water to pilgrims traversing our country in God’s
name, or to anyone traveling for the love of God or for the safety of his
own soul. If, moreover, any one shall wish to serve them farther,
let him expect the best reward from God, who Himself said: “And whoso shall
receive one such little child in my name, receiveth me;” and elsewhere:
“I was a stranger and ye took me in.”
28. Concerning embassies coming from the lord emperor.
That the courts and centenarii shall provide most carefully, as they desire
the grace of the lord emperor, for the missi who are sent out, so that
they may go through their departments without any delay; and he commands
to all everywhere that they ought to see to it that no delay is encountered
anywhere, but they shall cause them to go on their way in all haste and
shall provide for them in such a manner as our missi may direct.
29. Concerning the poor to whom in his mercy the lord emperor
has granted the ban which they ought to pay, that the judges, counts, or
our missi shall not, for their own advantage, have the power to compel
them to pay the fine which has been granted to them.
30. Concerning those whom the lord emperor wishes, Christ
being propitious, to enjoy peace and protection in his kingdom, namely,
those who are hastening to his clemency, either Christians or pagans, because
they desire to announce some news, or seeking his aid on account of their
poverty or hunger, that no one shall dare to constrain them to serve him,
or to seize them, or alienate, or sell them; but wherever they may wish
to remain voluntarily, there under the defence of the lord emperor they
shall be aided in his mercy. If any one shall have presumed to act
contrary to this, let him who has so presumptuously despised the commands
of the lord emperor, know that shall suffer the loss of his life for it.
31. And against those who announce the justice of the lord
emperor let no one presume to plot any injury or damage, or to stir up
any enmity. But if any one shall have presumed, let him pay the imperial
ban, or, if he deserves a heavier punishment, it is commanded that he shall
be brought to the emperor’s presence.
32. Murders, by which a multitude of the Christian people
perishes, we command in every way to be shunned and to be forbidden; God
Himself forbade to His followers hatred and enmity, much more murder.
For in what manner does any one trust to placate God, who has killed his
son nearest to him? In what manner truly does he, who has killed
his brother, think that the Lord Christ will be propitious to him?
It is a great and terrible danger also with God the Father and Christ,
Lord of heaven and earth, to stir up enmities among men: it is possible
to escape for some time by remaining concealed, but nevertheless by accident
at some time he falls into the hands of his enemies; moreover, where is
it possible to flee from God, to whom all secrets are manifest? By
what rashness does any one think to escape His anger? Wherefore,
lest the people committed to us be ruled over should perish from this evil,
we have taken care to shun this by every means of discipline; because he
who shall not have dreaded the wrath of God, shall find us in no way propitious
or to be placated; but we wish to inflict the most severe punishment upon
any one who shall have dared to murder a man. Nevertheless, lest
sin should also increase, in order that the greatest of the devil murders
happen, the criminal shall immediately hasten to make amends and with all
celerity shall pay the fitting composition for the evil done to the relatives
of the murdered man. And we forbid firmly, that the relatives of
the murdered man shall dare in any way to continue their enmities on account
of the evil done, or shall refuse to grant him peace to him who asks it,
but having given their pledges they shall receive the fitting composition
and shall make perpetual peace; moreover, the guilty one shall not delay
to pay the composition. When, moreover, it shall have happened on
account of sins that any one shall have killed his brethren or his neighbor,
he shall immediately submit to the penance imposed upon him, and just as
his bishop arranges for him, without ambiguity; but by God’s aid he shall
desire to accomplish his atonement and he shall compound for the dead man
in accordance with the law, and shall make peace in every way with his
relatives; and the pledge being given, let no one dare thereafter to stir
up enmity against him. But if any one shall have scorned to make
the fitting composition, he shall be deprived of his property until we
shall render our decision.
33. We prohibit in every way the crime of incest.
But if any one shall have been contaminated by sinful fornication, he shall
by no means be released without severe punishment, but for this he shall
be corrected in such a manner that others shall fear to do likewise and
that uncleanness shall be wholly removed from the Christian people, and
that the guilty man shall fully atone for this by penance, just as his
bishop shall arrange for him; and the woman shall be placed in the hands
of her parents until we render our judgment. But if he shall have
been unwilling to consent to the judgment of the bishops concerning his
amendment, then he shall be brought to our presence, mindful of the example
which was made concerning the incest which Fricco perpetrated with the
nun of God.
34. That all shall be fully and well prepared, whenever
our order or proclamation shall come. But if any one shall then say
he was unprepared and shall have neglected our command, he shall be brought
to the palace; and not only he, but also all who dare to transgress our
ban or command.
35. That all shall wholly venerate their bishops and priests
with all honor in the service and will of God. That they shall not
dare to pollute themselves and others by incestual nuptials; that they
shall not presume to be married before the bishops and priests together
with the elders of the people have inquired diligently into the consanguinity
of those marrying; and then they shall be married with a benediction.
Let them shun drunkenness, avoid greed, commit no theft; let them wholly
shun strifes and contentions and blasphemies, both at feasts and assemblies,
but let them live in charity and concord.
36. And that all shall be entirely of one mind with our
missi in performing justice in every respect. And that they shall
not permit the use of perjury at all, for it is necessary that this most
evil crime shall be removed from the Christian people. But if any
one after this shall have been proved a perjurer, let him know that he
shall lose his right hand; and they shall be deprived of their property
until we shall render our decision.
37. That those who shall have been guilty of patricide
or fratricide, or who shall have killed a maternal or paternal uncle or
any other relative, and shall have been unwilling to obey and consent to
the judgment of the bishops, priests and other judges, our missi and counts,
for the safety of their own souls and in order to bring about a just judgment,
shall be kept in such custody that they may be safe and may not infect
other people until they are led to our presence; and from their own property
in the meantime they shall have nothing
38. And let this likewise be done with those who have been
seized in illegal and incestuous unions and corrected, and who are not
willing to amend their ways nor to obey their bishops and priests, and
who presume to despise our ban.
39. That in our forests no one shall dare to steal our
game, which we have already many times forbidden to be done; and now we
again strictly forbid that any one shall do so in the future; just as each
one desires to preserve the fidelity promised to us, so let him take heed
to himself. But if any count or centenarius or our bassus or any
one of our ministerials shall have stolen our game, he shall be brought
to our presence without fail to render account. But if any one of
the remaining people shall have stolen our game, let him without fail pay
what is just; let no one hereafter be released from this on any account.
But if any one knows this has been done by another, let him dare not conceal
this, in order that he may preserve the fidelity which he has promised
to us and which he now has to promise.
40. Lastly, therefore, we desire all our decrees to be
known in our whole kingdom through our missi now sent out, either among
the men of the church, bishops, abbots, priests, deacons, canons, all monks
or nuns, so that each one in his ministry or profession may keep our ban
or decree, or where it may be fitting to thank the citizens for their good
will, or to furnish aid, or where there may be need still of correcting
anything. Likewise also to the laymen and in all places everywhere,
whether they concern the guardianship of the holy churches or of widows
and orphans and the weaker; or the robbing of them; or the arrangements
for the assembling of the army; or any other matters; how they are to be
obedient to our precept and will, or how they observe our ban, or how each
one strives on all things to keep himself in the holy service of God; so
that all these good things may be well done to the praise of omnipotent
God, and we may return thanks where it is fitting. But where we believe
there is anything unpunished, we shall so strive to correct it with all
our zeal and will that with God’s aid we may bring it to correction, both
for our own eternal glory and that of all our faithful. Likewise
we desire all the above to be fruitfully known by our counts or centenarii,
our ministerials.