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
a legal decision the place called Lamæ has been fortified by the abbot
of San Giovanni Rotundo, and according to both the civil and canon law,
suit about it must be brought against him in the imperial court.
2. _The papal charge._ The possessions, both movable and immovable,
which had been taken from the Templars and Hospitallers, have not been
restored to them in accordance with the terms of the agreement which was
made. _The emperor's answer._ It is true that by a legal process and in
accordance with an ancient law of the kingdom of Sicily, fiefs and
"burgher lands" have been taken from the said orders. But they had
received those lands from those who were invading the kingdom and waging
war on the emperor. Besides they furnished the king's enemies with
horses, arms, food, and wine, and all kinds of provisions, while
refusing to aid the emperor who was still a minor. But other fiefs and
burgher lands have been restored to them which they had acquired before
the death of William II [king of Sicily], or for which they had a grant
from some one of our predecessors. And some burgher lands which they had
bought have been taken from them in accordance with an ancient law of
Sicily, that without the king's consent no burgher lands shall be given
to the said orders or left to them as a legacy; but if such lands are
given them, they are bound to sell them within a year, a month, a week,
and a day, to some of the citizens. This law was passed long ago,
because if they were permitted to buy and accept burgher lands they
would in a short time possess the whole kingdom of Sicily, which they
like better than any other part of the world. And this law is valid
beyond the sea.
3. _The papal charge._ He does not permit vacant bishoprics and other
churches to be filled, and on this account the liberty of the church is
in danger and the true faith is perishing, because there is no one to
preach the word of God and care for souls. _The emperor's answer._ The
emperor wishes and desires that vacant bishoprics and other churches be
filled, but without infringement on the privileges and rights which his
predecessors have held. He has insisted less than his predecessors on
his privileges, and he has never opposed the filling of the vacant
churches.
4. _The papal charge._ In regard to taxes and exactions which are
extorted from churches and monasteries contrary to agreement. _The
emperor's answer._ Taxes and dues are assessed on the clergy and
ecclesiastical persons, not because of their ecclesiastical property,
but because of their fiefs and other possessions. And this is in
accordance with the common law and is practised everywhere all over the
world.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account