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
authority for ---- solidi of gold; and, nevertheless, let the
present charter remain inviolate with all that it contains, with
the witnesses placed below.
Done in ----, publicly, those who are noted below being present, or
the remaining innumerable multitude of people.
[Sidenote: The property again described]
[Sidenote: Returned to the original owner to be used by him]
(b)
In the name of God, I, Abbot ----, with our commissioned brethren.
Since it is not unknown how you, ----, by the suggestion of divine
exhortation, did grant to ---- [monastery named], to the church
which is known to be constructed in honor of Saint ----, where we
by God's authority exercise our pastoral care, all your possessions
which you seemed to have in the district named, in the vill
[village] named, which your father on his death bequeathed to you
there, or which by your own labor you were able to gain there, or
which, as against your brother or against ----, a co-heir, a just
division gave you, with courtyard and buildings, gardens and
orchards, with various slaves, ---- by name, houses, lands,
meadows, woods (cultivated and uncultivated), or with all the
dependencies and appurtenances belonging to it, which it would be
extremely long to enumerate, in all their completeness; but
afterwards, at your request, it has seemed proper to us to cede to
you the same possessions to be held for usufruct; and you will not
neglect to pay at annual periods the due _census_ [i.e., the
rental] hence, that is ---- [amount named]. And if God should give
you a son by your legal wife, he shall have the same possessions
for the days of his life only, and shall not presume to neglect the
above payment, and similarly your sons which you are seen to have
at present, shall do for the days of their lives; after the death
of whom, all the possessions above-named shall revert to us and
our successors perpetually. Moreover, if no sons shall have been
begotten by you, immediately after your death, without any harmful
contention, the possessions shall revert to the rulers or guardians
of the above-named church, forever. Nor may any one, either
ourselves or our successors, be successful in a rash attempt
inordinately to destroy these agreements, but just as the time has
demanded in the present _precaria_, may that be sure to endure
unchanged which we, with the consent of our brothers, have decided
to confirm.
Done in ----, in the presence of ---- and of others whom it is not
worth while to enumerate. [Seal of the same abbot who has ordered
this _precaria_ to be made.]
(3) THE IMMUNITY
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