A Source Book of Mediæval History: Documents Illustrative of European Life and Institutions from the German Invasions to the Renaissance
History
A Source Book of Mediæval History: Documents Illustrative of European Life and Institutions from the German Invasions to the Renaissance
Middle Ages -- Sources
=5.= That no one shall presume to rob or do any injury fraudulently
to the churches of God, or widows, or orphans, or pilgrims;[179]
for the lord emperor himself, under God and His saints, has
constituted himself their protector and defender.
=6.= That no one shall dare to lay waste a benefice[180] of the
lord emperor, or to make it his own property.
=7.= That no one shall presume to neglect a summons to war from the
lord emperor; and that no one of the counts shall be so
presumptuous as to dare to excuse any one of those who owe military
service, either on account of relationship, or flattery, or gifts
from any one.
=8.= That no one shall presume to impede at all in any way a
ban[181] or command of the lord emperor, or to tamper with his
work, or to impede, or to lessen, or in any way to act contrary to
his will or commands. And that no one shall dare to neglect to pay
his dues or tax.
[Sidenote: Justice to be rendered in the courts]
=9.= That no one, for any reason, shall make a practice in court of
defending another unjustly, either from any desire of gain when the
cause is weak, or by impeding a just judgment by his skill in
reasoning, or by a desire of oppressing when the cause is weak. But
each one shall answer for his own cause or tax or debt, unless any
one is infirm or ignorant of pleading;[182] for these the _missi_,
or the chiefs who are in the court, or the judge who knows the case
in question, shall plead before the court; or, if it is necessary,
such a person may be allowed as is acceptable to all and knows the
case well; but this shall be done wholly according to the
convenience of the chiefs or _missi_ who are present. But in every
case it shall be done in accordance with justice and the law; and
no one shall have the power to impede justice by a gift, reward, or
any kind of evil flattery, or from any hindrance of relationship.
And no one shall unjustly consent to another in anything, but with
all zeal and good-will all shall be prepared to carry out justice.
For all the above mentioned ought to be observed by the imperial
oath.[183]
=10.= [We ordain] that bishops and priests shall live according to
the canons[184] and shall teach others to do the same.
[Sidenote: Obligations of the clergy]
=11.= That bishops, abbots, and abbesses who are in charge of
others, with the greatest veneration shall strive to surpass their
subjects in this diligence and shall not oppress their subjects
with a harsh rule or tyranny, but with a sincere love shall
carefully guard the flock committed to them with mercy and charity,
or by the examples of good works.
Public-domain text, read in full here on John Shaqi.
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