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
The rights of the crown were called "regalia." When Frederick I went
into Italy (1158) he found that the royal rights had been usurped by the
cities and nobles. At the diet which he held on the Roncalian plain he
consulted lawyers who had been trained in the law of Justinian, and
asked them what the imperial rights in Italy were. Their decision, which
is here given, was largely influenced by their study of the Roman law.
The account which Ragewin (IV, 7) gives of this diet is as follows:
"Frederick then examined into the matter of the royal jurisdiction and
the regalia, which for a long time had been lost to the empire because
they had been usurped and the kings had neglected to recover them. The
bishops, the nobles, and the cities, since they could find no excuse for
retaining these rights, resigned them to the emperor. Milan was the
first to surrender them. When the emperor asked what these rights were,
the decision was given that they were the right to appoint dukes,
marquises, counts, and consuls [in the cities]; to coin money; to levy
tolls; to collect the _fodrum_ [a tax in provisions for the support of
the emperor and his army when passing through the territory]; to collect
customs and harbor dues; to furnish safe-conducts; to control mills,
fish-ponds, bridges, and all the water-ways, and to demand an annual tax
not only from the land, but also from each person."
These are the regalian rights or rights of the crown: Arimanniæ,{72}
public roads, navigable rivers and those which unite to form navigable
rivers, harbors, and the banks of rivers; tolls, coinage, profits from
fines and penalties; ownerless and confiscated lands, and the property
of those who have contracted incestuous marriages or have been outlawed
for crimes mentioned in the Novellæ of Justinian; rights of conveyance
on direct routes and cross-roads{73} (angariæ and parangariæ), and the
prestation of ships;{74} the special taxes for the royal expedition; the
appointment of officials for the administration of justice; mines; royal
palaces in the customary cities; the profits of fisheries and
salt-works; the property of those who are guilty of offence against the
majesty of the emperor; half the treasure discovered in places belonging
to the emperor or dedicated to religious purposes, and all of it if the
finder was aided by the emperor.
{72} Arimanniæ: Taxes paid by those who held certain lands or estates
which had once been held by the _arimanni_, or free Lombards.
{73} When the emperor travelled he had the right to demand conveyances
of various kinds from the people of the territory through which he was
passing. Angariæ were conveyances for the "direct roads"; parangariæ,
conveyances for the "cross-roads." By "direct roads" are meant the chief
roads; in Italy, those which led directly to Rome, and along which the
emperor must pass when going to Rome. The "cross-roads" were the less
important roads, which ran at right angles to the direct roads.
Public-domain text, read in full here on John Shaqi.
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