Source: Translations and Reprints from the Original Sources of European
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 Godís 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: ďAnd whoso shall receive one such little child in my name, receiveth me;Ē and elsewhere: ďI was a stranger and ye took me in.Ē
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 emperorís 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 Godís 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 Godís 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.
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