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
6. The bishops, churches, cities, and other persons, clerical and lay,
shall retain possession of the property or rights which have been
granted to them before this war by us or by our predecessors, the above
concessions excepted. The accustomed dues for such holdings shall be
paid to us, but not the tax.
7. Such possessions as we have granted to members of the league, inside
or outside of cities, shall not be included among those regalia for
which taxes are to be paid to us.
8. All privileges, gifts, and concessions made in the time of the war by
us or our representatives to the prejudice or injury of the cities,
territories, or members of the league are to be null and void.
9. Consuls of cities where the bishop holds the position of count from
the king or emperor shall receive their office from the bishop, if this
has been the custom before. In all other cities the consuls shall
receive their office from us, in the following manner: after they have
been elected by the city they shall be invested with office by our
representative in the city or bishopric, unless we are ourselves in
Lombardy, in which case they shall be invested by us. At the end of
every five years each city shall send its representative to us to
receive the investiture.
10. This arrangement shall be observed by our successor, and all such
investitures shall be free.
11. After our death, the cities shall receive investiture in the same
way from our son and from his successors.
12. The emperor shall have the right of hearing appeals in cases
involving more than 25 pounds, saving the right of the church of Brescia
to hear appeals. The appellant shall not, however, be compelled to come
to Germany, but he shall appeal to the representative of the emperor in
the city or bishopric. This representative shall examine the case fairly
and shall give judgment according to the laws and customs of that city.
The decision shall be given within two months from the time of appeal,
unless the case has been deferred by reason of some legal hindrance or
by the consent of both parties.
13. The consuls of cities shall take the oath of allegiance to the
emperor before they are invested with office.
14. Our vassals shall receive investiture from us and shall take the
vassal's oath of fidelity. All other persons between the ages of 15 and
70 shall take the ordinary oath of fidelity to the emperor unless there
be some good reason why this oath should be remitted.
15. Vassals who have failed to receive investiture from us or to render
the services due for their fiefs, during the war or the truce, shall not
on this account lose their fiefs.
16. Lands held by _libelli_ and _precariæ_ shall be held according to
the customs of each city, the feudal law of Frederick I to the contrary
notwithstanding.
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