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 | THE LIBRARY OF IBERIAN RESOUCES ONLINE The Usatges of Barcelona : The Fundamental Law of Catalonia Donald J. Kagay -------------------------------------------------------------------------------- [69] The Usatges of Barcelona 1 Before the rules of customary law were decreed, judges customarily ruled that all offenses, if they could not be overlooked, had to be settled for all time by oath, judicial battle, or ordeal of boiling or freezing water with the utterance of the following words: €œI swear to you by God and these Holy Gospels that these offenses which I have committed against you, I thus did within my rights and by your negligence.€ And then he would undergo the judicial battle or one of the aforesaid judgements; namely, that of freezing or boiling water. Homicide or adultery Cugucia denotes adultery committed by the wife. The betrayed husband was known as a cugu “cuckold”. Close which could not be overlooked were judged, settled, or punished according to the laws and customs. Whenever lex or law is used in the code, it refers to the great Visigothic code, the Liber Judicorum. Mos orcustom connotes the legal usages which had developed in the Spanish March since its emergence. Close 2 When Lord Ramon Berenguer the Old The first reference to Ramon Berenguer I as “the Old” dates from 1092 during the reign of his sonBerenguer Ramon II. Close Count and Marquis of Barcelona and the subjugator of Spain Ispanie “Spain” was a term used by the Christian realms of the Peninsula to describe all the Spanishterritories still held by the Muslims. Close held dominion, Honor refers to both a fief and the entire complex of rights and jurisdiction which a lord held in regard tohis vassals. Close he saw and acknowledged that the Gothic laws could not be observed in all the claims and lawsuits of this land. He also saw that these laws did not specifically adjudicate many disputes and offenses. With the approval and counsel of his good men, along with his very prudent and wise wife Almodis, he issued and decreed the rules of customary law by which all disputes and offenses Malefactum “offense” was both an armed attack on another and the personal harm or damage such an actionmight cause. Close inserted therein were to be submitted to judgement, pleaded, judged, decreed, compensated, and punished. Indeed, the Count did this on the authority of the Book of Judges which says: €œSurely royal judgement will have the [70] prerogative to add laws if truly new situations in suits demand it,€ This is a citation of a passage of the Liber Judiciorum(I,1, 14, p. 61) with the rubric: “That once lawsuits havebeen resolved, let them at no time be revived but let them be disposed of according to the arrangement of thisbook: the addition of other laws remaining one of the prerogatives of kings.” Close, €œso it may be disposed of at the discretion of royal power that once a suit is decided it should be inserted in the laws,€ A quote from the same Visigothic code(II, 1, 13, p. 60) with the rubric: “That no plea, which is notcontained in the laws, should be heard.” Closeand €œindeed only the royal power will be free in everything to enforce in suits whatever penalty it deems fit.€ Another quote from the Visigothic laws(II, 5, 8, p. 109) with the rubric: “That no one should be bound inperson or property under the terms of a contract in which deception has been used. Also concerning the penaltywhich may be assessed in tribunals.” Close And the rules of customary law which he issued so begin. 3 These are the customary legal rules of court usages which Lord Ramon the Old, Count of Barcelona and his wife Almodis decreed binding on their land forever with the assent and acclamation of the magnates of their land; namely, Ponç, Viscount of Gerona Ramon, Viscount of Cardona Ulait, Viscount of Barcelona, as well as Gombau de Besora Mir Gilabert Alaman de Cerveló Bernat Amat de Claramunt Ramon de Montcada Amat Eneas Guillem Bernat de Queralt Arnau Mir de Sent Mart* Guillem Senescalch Jofre Bastó [71] Renalt Guillem Gicbert Guitart Umbert de les Agudes Guillem March Bonfil March Guillem Borrell, judges 4 Thus whoever kills, wounds, or dishonors a viscount in any way, let him make compensation to him as for two comitores A comitor or comdor was a line of Catalan nobility which apparently had its origins in the service of countswho held power throughout the Spanish March. Close. If a comitor, as for two vasvassores. A vasvassor or vasvasour was a middle-grade noble who served as a “vassal of other vassals.” In Catalonia,a vasvasour normally connoted a castellan. Close Concerning a vasvassor who has five knights, let a compensation of sixty ounces of seared gold The uncia auri cocti (ones d’aur cuyt, Catalan) was a Muslim coin of the late tenth century which was mintedin Cordova but circulated in all the Christian realms of the Peninsula. Close and thirty lashes be made for his death. And if he has more knights, let the compensation increase according to the number of knights. Indeed let whoever kills a knight give twelve ounces of seared gold in compensation. Indeed, let whoever wounds one make a compensation to him of six ounces for one blow or many. 5 If anyone sets an ambush, Aguait was defined by one of the Usatges commentator Jaume Marquilles as “an evil done by aggressionor assault to those traveling by.” Like the Old French imboscare which is the root of the English word “ambush”,the “great dishonor” caused by such an action resided in the fact that the victim was attacked without formalchallenge. Close premeditatedly assaults a knight, beats him with a club, and pulls his hair, let him make compensation to him as for his death since this a serious dishonor. If, on the other hand, anyone in anger strikes a knight with any blow whatsoever with [72] fist or stone, rock or club but without drawing blood The distinction between blows causing blood flow and those which failed to and their compensation waswell-established in the Visigothic code(VI, 4, 3, p. 265) and in the Bavarian laws(Laws of the Alamans and Bavarians,trans Rivers IV:1-2, p. 130). Close, let three ounces be given him. But if there is bloodshed from the body, let four ounces be given him; from the head, five; and from the face, six. But if one strikes a knight in his limbs so he appears incapacitated, let him be compensated as for his death. Indeed if he is taken prisoner and put in shackles or leg irons eschaza were leg irons used for fettering or torturing prisoners. Close, let him be compensated for half of the value of his death. In the first articles of the code[4-6], emendations were based on a person’s status and the severity of theharm done him. As such, they are very reminiscent of the Visigothic laws and the other leges barbarorum.According to these compensations, the emendation of mediam mortem would equal half of the value owed for aknight’s death, i.e., six ounces of seared gold. Close If he is attacked, beaten, wounded, put in an underground cell, or held for ransom, let the compensation be made as for his death. If he was only taken prisoner and held under guard, suffered no insult or disgrace, and was not confined for a long time, let compensation be made through a penalty of submission Aliscara (var. hermiscara) was a punishment suffered by a rebellious vassal to his offended lord. To restorenormal feudal ties, the vassal had to formally humble himself before his lord, pay up a security that he wouldkeep his promises, and then restore fealty and homage. Closeand homage or by the captive€™s retaliation if he appears to be of equal rank. If the captor is of higher rank than the captive, let him provide him a knight of equal rank who shall carry out the penalty of submission and homage and homage or undergo the captive€™s retaliation. Moreover, for a knight who has two knights as his vassals settled on his fiefs and maintains one of them in his household, let all this abovesaid compensation be made to him or, in place of him, let it be made twice over. 6 Let ambush and armed pursuit Encalz (related to incalciare) could mean taking vengeance on an enemy by personal attack or through alawsuit. Close of a mounted horseman or attack of a castle be compensated by homage and the penalty of submission as it seems right to he who judges this case. [73] Let the son of a knight up to the age thirty be compensated as his father is. After this, let him be compensated as a peasant if he has not been made a knight. 7 Indeed if a knight abandons knighthood while able to observe it, let him not in any way be judged or compensated as a knight. It is sufficient for one to lose knighthood if he does not have a horse and weapons, does not hold a knight€™s fee, and does not takes part in hosts and cavalcades Differing from the hostis “host” or temporary army of his vassals which a lord could call together for upto three months, the cavalcada “cavalcade” was a short foray across enemy lines or a ceremonial vanguard. Close or come to tribunals and courts as a knight unless old age prevents him. 8 Moreover, let townsmen and burghers litigate among themselves, be judged, and compensated as knights are. Moreover, let them be compensated by the ruler as vasvassores are. 9 Let Jews who are beaten, wounded, captured, incapacitated, and even killed be compensated according to the ruler€™s will. 10 If a bailiff who is a noble, eats wheaten bread daily, and rides a horse is killed, incapacitated, beaten, or held captive, let him be compensated as a knight is. Moreover, let an ignoble bailiff have half of this compensation. 11 Let the murder of a peasant or any other man who holds no rank besides being a Christian be compensated by six ounces; his wounding, by two ounces. Let his incapacitation and beating be compensated according to the law in copper sous. Copper coin of the ta’ifa of Tortosa which circulated in Catalonia through much of the eleventh century. Close 12 [74] Indeed after one has compensated another for the wrong done him when he took him prisoner, let the imprisonment be compensated in this way: if the captive was released on the day of his capture or on the next day, let the captor give him a suitable amount from his own property and swear an oath by a man of the captive€™s own rank that he need not compensate him further for the insult and dishonor done him. Yet if he is held longer in leg irons or shackles, placed in an underground cell, kept fettered or under guard in any way, let him receive six sous Silver coinage of Ramon Berenguer I in circulation from the mid-eleventh century. Close in compensation for each day and night. Let ten sous be given him for having his hand and feet bound. 13 If one strikes another in the face, let five sous be given for a slap; ten sous, for a blow with a fist or stone, rock. or club; and if there is bloodshed from the face, twenty sous. If one pulls another€™s hair with one hand, let him give him five sous; with two hands, ten sous. If he throws him to the ground; fifteen sous. If he pulls him by the beard, twenty; for the shaving of his hair, forty sous. 14 If one, in anger, strikes any type of blow to another's body, let him give a single sou for each blow which does not show[leave a bruise]. For those which do, let him give two sous apiece. And if there is bloodshed from these, five sous; for the breaking of a bone in the body, fifty sous. If in angrily assaulting and dragging down another, one makes blood flow from mouth or nostrils, let him give to him twenty sous in compensation. 15 If one shoves another with one hand, let him give one sou to him; with two hands, two sous. If he throws him to the ground, let him give three sous to him. 16 If one spits in another's face, let him make compensation of twenty sous to him or suffer his retaliation. 17 [75] If one criminally slanders A Usatges commentator Jaume Callis, claimed that two types of follia “slander” existed: (1) non-criminal (thatdirected against peasants or said in jest and (2) criminal(that directed against a person of equal or greater rank).As an example of this latter type, Callis cites an undated document of Vich in which one man called another acounterfeiter “in the presence of very many persons” and was accordingly accused of criminal slander. Close another and does not want to or cannot prove this about him, either let him swear an oath to him that he uttered this slander in anger and not from the truth which he then knew or let him make as much compensation to him [the victim] as he lost by this slander as if it had been the truth if the slandered wished that the slanderer should purge himself on oath concerning it. 18 Let offenses against Saracen captives be compensated as to masters for their slaves. Therefore, let their deaths be compensated according to their value. It says this since there are many of a great ransom price while others are skilled and instructed in different types of crafts. 19 Let every woman be compensated according to the rank of her husband. If she never had or does not currently have a husband, let her be compensated according to the rank of her father or brother. 20 All men must post a surety Firmare directum “posting of a surety” was carried out by a vassal to assure he would perform contractedobligations with his lord and by litigants to guarantee their acceptance of a final verdict. Close for their lords wherever their lords demand it in their land. His viscounts and comitores must also do so for the ruler with a hundred golden ounces of Valencia Gold coinage of the taifa of Valencia which circulated in Catalonia in the second half of the eleventhcentury. Close for each castle with its fief. Indeed, each knight must do so with ten golden ounces [76] of Valencia for every knight€™s fee A caballeria terre “knight’s fee” was initially a grant of land sufficient in size to support a knight and hismounts. By the last half of the eleventh century, this land grant was firmly tied to the network of feudal relationsand took on the proportions of other Catalan feudal grants. Close; for a castle with its revenues Ademperamentum refers to the profit or revenue a castellan could draw from lands attached to his castle. Close and for other holdings, ten; for smaller fiefs, according to their value, and indeed for an act of homage in regard to a half a knight€™s fee of land, concerning that which pertains to the fealty. Moreover, a peasant must do so with five sous. 21 Let a tribunal be announced among both magnates and knights for the first time up to ten days in advance; then let it be announced eight days in advance. Indeed let a tribunal be announced among peasants on the fourth or fifth day before. Indeed his viscounts, comitores, vasvassores, and knights must attend a plea with the Count wherever he commands them within his county. But if they cannot return home on this day, let him give them a safe conduct. This must be done in the same way between viscounts, comitores, vasvassores, and other knights so that each of these must attend a plea with his liege lord from whom he holds the largest fief within the entrance of his lord€™s estate if the lord agrees to this. But if he does not, let each one attend pleas with him wherever in his lands he wishes. Moreover, if he cannot return on this day, let the lord give him a safe conduct. 22 In a suit judged between a vassal and a lord, and a judgement approved and sanctioned by both parties and well secured under the lord€™s authority so that it would be rendered to him, let the lord first indemnify his vassal for everything he owes him in any way whatsoever, and afterwards let him receive from his vassal everything adjudged him. 23 Before a judgement by battle may be sworn to, let it be secured through a surety of two hundred golden ounces of Valencia if it must be carried out by horsemen and by one of a hundred if by foot champions so that the victor shall be compensated for the damage which [77] he received in the duel both to his body, horse, or weapons and obtain that for which the duel is fought as well as all expenses he incurs in it and the defeated shall accept this matter as settled. 24 Indeed it is not fitting concerning common pleas Civil suits which were not necessarily settled in the Count of Barcelonas court. Close that there be more than four judicial sessions: first, in which sureties should be suitably posted by guaranties or pledges The two forms of sureties, the plivium and pignus, were put up either by the litigant himself or his vassalsto assure he would accept the tribunal’s verdict. Close as it is necessary before the arguments of both litigants are heard; second, in which the arguments should be stated and responded to, and judgements given by judges chosen by both litigants; third, in which arguments and judgements should be reviewed by the judges and, if necessary, the judgements altered, then afterwards these should be approved, sanctioned, and well secured with the approval of the judges by pledges as they had already been; and fourth, in which the lord of the suit should actually take possession of the pledges. And while he holds them, justice should be done and judgements carried out exactly as they were adjudged and sanctioned by both litigants. 25 If magnates or knights refuse to post sureties for their lords as they must do for them and, for this reason, the lords seize control of their castles or confiscate their fiefs from them, the lords need not return to them either castles or fiefs until they have posted the surety and made restitution for all expenses which the lord incurs in the capture and garrisoning of the castle as well as in the confiscation of the fiefs. On the other hand, if the vassals give control of these, let them not post a surety with the lords until they shall recover the castle unless the lords have a war for which they need the castle or claimed lodging in the castle. Seigneurial rights to statica “castle lodging” varied widely according to individual feudal pacts and yet couldnormally be claimed during times of war or peace for the lord and his host or retinue. Close 26 [78] If one refuses to give control of his castle to his lord as he is bound to give it to him and suffers a public accusation The purpose of the reptamentum “public accusation” was to formally justify the lord’s confiscation of therecalcitrant vassal’s fief and guarantee the support of his other vassals in bringing this often-difficult process tofruition. Close for this reason and if the lord can capture the castle, let him be permitted to hold the castle along with the fiefs which the vassal holds from the castle until the rebel shall make compensation to the lord for all expenses and losses which he has incurred in the capture of the castle and its garrisoning, and promise swearing with his own hands Oath taking manibus suis “with his own hands” has reference to a key element of homage and fealty, theinmixtio manuum, the clasping of the lord's hands over those of the vassal. As with modern oathtaking, the handswere, in effect, guarantors of the truth and, by being placed on some sacred object, such as the Gospels, affirmedthe oath. Close and by a written oath that control of the castle shall no longer be refused in any way. 27 If anyone, from viscounts to lower knights, dies without legal provision for their fiefs, it is permissible for their lords to bestow their fiefs on whichever of the deceased's children they wish. 28 Castellans in castles which they hold for their lords must not appoint other castellans subordinate to them without the consent of their lords. But if they do so while the lords are aware of it and do not object, these appointed castellans, who are known of and not objected to, must remain. If the lords know and object, then let those [castellans] who appointed the others there dismiss them. 29 If one grants, mortgages, or alienates his fief In some aspects, this passage is similar to the policy of Frederick Barbarossa’s Constitutio de jure feudorumwhich warned that “no one should be allowed to sell the entire fief or any part of it...without the permission ofthe higher lord to whom the fief pertains.” These contemporary laws differed from the Usatges in that vassalscould alienate up to half of their fiefs without lordly consent in person. In strictly feudal terms, the fatigatio meanta default of vassalic obligations (History of Feudalism, 237-38). Close without the consent of his lord and if the lord knows and objects, he can confiscate the fief whenever he wishes. If he knows and [79] does not object, he cannot confiscate the fief but can seek service for it from whichever he wishes €“ either from the donor or the recipient. And if the service for this fief is refused him, it is permissible for him to confiscate and hold the fief under his lordship until the refused service shall be restored twice over and securities well made to the lord so the service shall not be refused him any longer. 30 Let whoever fails to serve in the hosts and cavalcades of his lord, for whom he must perform these duties, make double restitution to his lord for all damage, expenses, and losses which he caused by his dereliction of duty. Likewise, if knights on hosts or cavalcades or in the service of their lords lose anything of theirs, let their lords compensate them in so far as the knights can verify their losses. The averamentum (averament, Catalan) was an affirmation on oath that something was true. This averment,which essentially pitted one man’s word against another, was eventually supplemented and then supplanted byevidence, documents, and witnesses. Close 31 Whoever sees his lord in need and fails to give him the support and service which he must render him and, because of this, pays an indemnity to him, he[the vassal] must in no way recover or retain this indemnity. 32 But if the lord wishes that his vassal increase his service to him, let him enlarge his fief. But if a vassal should have what it is customary for him to have, let him serve his lord as he agreed to serve him. 33 Whoever is a liege vassal of a lord must serve him either according to the best of his ability or according to their pact. And the lord must be bound to him against all men and none against him. Moreover, no one must make liege homage except to one lord only unless he who was his first liege lord consents. 34 Compare with a law of English-Scandinavian king Cnut I(1016-35): Concerning the man who deserts his lord. And the man who, through cowardice, deserts hislord or his comrades on a military expedition, either by sea or by land, shall lose all that hepossesses and his own life, and the lord shall take back the property and the land which he hadgiven him(Richard P. Abels, Lordship and Military Obligation in Anglo-Saxon England, [Berkeley:University of California Press, 1988], 149). Close [80] Whoever deserts his lord while alive in battle when he could have helped him or, with evil intent, deserts him in combat must lose everything he holds from him. 35 When one driven by anger breaks ties The diffidamentum and its synonym acuyndamentum was the opposite of the affidamentum, the act by whichfeudal bonds were forged. Though this article attempted to establish a peaceful separation between disaffectedlords and vassals, the diffidamentum (desafiament, Catalan) came to connote a “virtual declaration of war” betweenthe parties and, by the fourteenth century, the term described a challenge to a duel by any parties, even those nottied feudally. Close with his lord or abandons his fief to him, let his lord confiscate all which the vassal holds for him and retain it until the vassal shall return to the terms of the homage, post a surety with him, and make compensation to him with an oath for the dishonor which he has done him. After this, let him recover the fief which he has abandoned. 36 Whoever refuses to obey his lord and deliberately breaks ties with him out of haughtiness must lose forever everything he holds from him and return it to him, even if it contains some of his own property for which he has performed no service to his lord. 37 Whoever premeditatedly kills his lord or his lord€™s legitimate son by hand or tongue vel manu vel a lingua, i.e, by direct action or by conspiracy. Close, commits adultery with his lord€™s wife, usurps his castle from him and only returns it to him after diminishing its value or commits an offense against him for which he cannot make restitution or compensation €“ and if he is convicted of one of these acts €“ must come under [81] the control of his lord along with everything he holds from him so his lord may do with him as he wishes since this is the greatest treason. The medieval concept of treason (bauzia, bausia) had little in common with that of the Empire. Rather thanbeing an infraction of the sovereign’s divine majestas, bauzia violated the pact which tied lord and vassal and, assuch, involved the malefactors as much in perjury as in treason. Close 38 Indeed, concerning other treasons and offenses for which compensation and restitution can be made, let him post a surety with his lord in accordance with the custom of his own land and let him carry out for his lord exactly what the lord rules he should. 39 Let no vassal in any way refuse to give control of his castle or post a surety for his lord just as he is bound to give control of the castle to or post a surety for his lord since as long as he refuses, he is a traitor to his lord. And if because of this, he suffers any wrong, let no compensation be made him in any way. And if the lord suffers damage or incurs expenses, let compensation be made by his vassal. 40 If anyone is accused of treason by his lord at court in the presence of the prince, he must clear himself of this treason by the judgement or approval of the prince€™s court. But if he refuses to do so, then the prince must compel him to submit to judgement. 41 And likewise if a lord wishes to unjustly oppress his knight or take away his fief, the ruler then must defend and come to the aid of the knight. 42 And if one is publicly accused by the ruler, he must put himself in his custody and make restitution and compensation according to the judgement of his court for the damage, wrong, and dishonor which he has done him or clear himself of treason by oath and judicial [82] battle with one of similar rank whose fief is of the same value, bearing the loss and gain which he must incur by this duel. We therefore say loss and gain so he shall receive as much if he wins as he shall lose if he is defeated. 43 This must be done in the same way between magnates and their knights, except that the judicial battle may not be carried out by their own hands [in person] but only through that of a vassal chosen by each party. 44 Every offense which a vassal commits against his lord or a lord against his vassal without a lodgement of complaint A fatigatio de directo (fadiga de dret, Catalan) was a declaration by a disputant that he had been deprived ofjustice either because his adversary would not engage in litigation or would not accept a verdict or settlement.The phrase could also mean a reprisal by the kind of legally frustrated party described in article 79. In strictlyfeudal terms, the fatigatio meant a default of vassalic obligations. Close and rupture of ties must be emended by both parties. 45 All vassals from viscounts to the lower knights holding the ruler€™s fief must swear fealty to him for his fief by a written oath; namely, for those things which the ruler wishes from him. 46 Let an oath always be sworn on a consecrated altar or on the Holy Gospel. And he who swears must take every oath, except those taken in treason or sedition, €œaccording to his knowledge€ and €œby God and this Holy Gospel.€ 47 [83] Let all vassals, knights, and peasants alike, swear to This refers to the taking of an oath for another legally binding oneself to the validity of the other party’scase or to the process by which litigants themselves bolstered the truth of their statements under oath. Close their lords just as these lords act to judge them fairly in tribunals. Yet lords should never swear to their vassals. 48 Let Jews swear to Christians but Christian never swear to them. 49 The oaths of peasants who possess a homestead and work it with a yoke of oxen Besides the land they owned, the parem bovum “yoke of oxen” was the most important peasant possession.As such, it was specifically protected by the peace and truce and from 1118 was the basic unit for the assessmentof a tax, the bovaticum, which was ostensibly designed to pay for comital enforcement of rural law and order. Close shall be believed up to the amount of seven silver sous. 50 But concerning the other peasants who are called bachalarii The bachalarii were wealthy peasants who owned several plots of lands and legally stood between theknights and simple peasants. Close, let their oaths be believed up to the amount of four golden mancuses of Valencia. Golden coin of Valencia first mentioned in Catalonia in 1085. Close Above this amount, let them prove anything which they swear by the ordeal of boiling water. 51 Let an old knight who cannot defend himself on his own or a poor one who cannot equip himself for judicial battle be believed on oath up to the amount of five golden ounces of Valencia. 52 Let other knights from age twenty to sixty who swear anything about which they [84] are accused of being perjurers defend themselves [in judicial battle] with their own hands against one of equal rank. 53 Let the oaths of burghers be believed as those of knights up to the amount of five golden ounces. Above that amount, let them defend anything they swear by judicial battle; namely, by foot champion. 54 If, in regard to the fiefs which knights hold, their lords deny that they had invested them with these, let the knights show the fiefs to be theirs through oath and judicial battle, and retain possession of them. Let those knights, who do not hold the fiefs and who do not legally claim them, prove either by witnesses or documents that they had acquired these from their lords or else abandon them. 55 If anyone hurls at another a lance, arrow, or any type of weapon, let him make compensation for the wrong done the other person if he wounds him in any way. But if he could not hit him, for the sheer effrontery of having thrown at him. let him await the other person€™s retaliation under the same fear or make half of the compensation to him as if he had struck him. And if one while armed seeks out another and does not wound him but only cuts through the shield or armor or makes him dismount or fall to the ground, let him in the same way make half of the compensation as if he had struck him. 56 If anyone kills a horse or any other animal while a man is sitting on it or while holding it with his hand, let him make double compensation for the animal with twice its value and for the dishonor to the rider with an oath. 57 Indeed, let all ships coming to and then returning from Barcelona day and night [85] be under the peace and truce and protection of the prince of Barcelona from Cap de Creus A rocky headland above the Bay of Roses which constituted the first major landmark of the upper Catalancoast. Close to the port of Salou. A small port between Tarragona and Cambrils del Mar best remembered as the staging area for James I’sinvasion of Majorca in 1229. Close And if anyone damages these vessels in any way, let him make double restitution to them through the command of the prince and make amends for his dishonor to the prince with an oath. 58 Likewise, they ruled that all men, noble and ignoble alike, even though they might be mortal enemies, shall be safe for all time day and night and observe a sound truce and true peace from Montcada Castle at the confluence of the Besos River in the western Valles first mentioned in 1022. Close to Castelldefels Village some twenty miles below Barcelona first mentioned in the late-tenth century as a settlementsurrounding a coastal watchtower. Close from the hill of Finistrel The northernmost limit of Barcelona territory formed by a range of hills to the west of Serola which wasin the municipal limit of San Andreu de Palomar. Close to that of Gavara Hill and pass on the north side of the Llobregat River near San Just Desvern. Close and from the hill of Erola The mountain of Tibidabo to the northwest of Barcelona. Close to the valley of Vitraria Valley to the west of Tibidabo near the Barcelona district of Sarria from where the modern city'sfinicular railroad originates. Close and within twelve leagues out to sea. And if anyone disobeys this order in any way, let him make double compensation for the wrong and dishonor which he has done and pay the prince a hundred golden ounces for the violation of his ban. 59 Roads and thoroughfares on land and sea are the ruler€™s and, for their protection, must be included in the peace and truce for all days and nights so that all men, both on horseback and on foot, merchants and traders, going and returning on these thoroughfares, may go and return securely and undisturbed without any fear with all their possessions. And if [86] anyone attacks, strikes, wounds, or dishonors them in any way or steals any of their possessions, let him make double compensation to them according to their rank for the wrong and dishonor he has done to their persons; and for what he steals from them, let him make compensation eleven times over. And likewise, let him give the ruler the same amount from his property or fief so, swearing on oath on a holy altar, let him declare that he must make no further compensation for the dishonor he did him. 60 Since a land and its inhabitants are ruined for all time by an evil prince who is without both truth and justice, therefore we the oft-mentioned princes R[amón Berenguer] and A[lmodis], with the counsel and aid of our nobles, decree and command that all princes who will succeed us in this princely office shall have a sincere and perfect faith and truthful speech for all men, noble and ignoble, kings and princes, magnates and knights, peasants and rustics, traders and merchants, pilgrims and wayfarers, friends and enemies, Christians and Saracens, Jews and heretics, might trust and believe in the princes without any fear or evil suspicion for their persons but also for their cities and castles, fiefs and property, wives and children, and for anything they possess. And all men, noble and ignoble, magnates, knights, and footmen, sailors, privateers, and minters, who are remaining in their land or coming from elsewhere, should help the aforesaid princes maintain, guard, and govern their faith and true speech in all cases great and small with a righteous faith and without deceit, evil intent or bad counsel. And among other matters, let the peace and promise not to take violent action which the princes should give to Spain and the Saracens on land and sea be maintained by them. 61 In the same way, let the truce and promise not to take violent action which the princes have ordered to be in effect between enemies be rigorously observed, even though these enemies have not confirmed to him the approval of the same truce. Let no one dare violate the protection Emparamentum(var. amparamentum) connoted protection offered by a lord to his vassals. It could also meanthe usurpation of vassalian property under the guise of such lordly protection. Close which the prince makes in person, through his [87] messenger, sagio A sagio (sayon, Catalan) was a subaltern judicial official who announced tribunals, summoned litigants, tookpossession of sureties, and saw that verdicts were carried out. Close, or by his seal unless he first prefers charges with the prince in accordance with the custom of his court. 62 Moreover, let both golden and silver coinage be diligently maintained so that it shall in no way increase in copper or decrease in gold or silver nor in weight. Indeed, whoever infringes, violates, or falsifies all or one of these €“ namely, the peace and truce, protection, or coinage €“ cannot make restitution or compensation to the prince since this is such a great wrong and dishonor. Thus to establish this, we order that their persons along with all of their fiefs and property shall come into the ruler€™s custody for him to do with them as he wishes in accordance with the counsel and approval of his court. Since the faith and justice, peace and truth of the prince, by which all of his realm is ruled, is as strong as the realm and stronger, therefore no one can or must think that restitution or compensation can be made for this by any sum whatsoever. Whoever infringes these abovesaid things cannot make restitution or compensation to the prince unless, as we have ruled above, he shall come into the prince's custody. 63 Likewise, we rule that if anyone shall swear anything to his lord and does not take care to fulfill it, let him make double compensation for any damage which happens to his lord due to the violation of the oath. And if by this payment, he can be in compliance with the oath, thereafter let him observe it and fulfill and complete everything which he had agreed to his lord under oath. However, if he is later found to be a perjurer either let him lose his hand, redeem this penalty with a hundred sous, or lose a fourth of his patrimony, which will come into the possession of the party against whom the perjury was committed. And afterwards let him not testify in court or be believed on oath. 64 [88] Indeed if in any case the prince should be besieged, holds his enemies under siege, or hears that a certain king or prince is coming against him to wage war and he warns his land by both letters and messengers or by the usual customs of warning the land €“ namely, by bonfires €“ that it must come to his aid, then let all men, knights and footmen alike, who are old and strong enough to fight come to his aid as quickly as they can immediately after they hear or see the signal. And if one is derelict in giving the prince which he might render him in this regard, he must lose everything which he holds from him. And he who does not hold a fief from him must make compensation to him for this dereliction of duty and dishonor which he committed against him with his own property and by swearing an oath with his own hands since no man must fail the ruler in such a great matter and crisis. 65 The aforesaid princes further ruled that the holders of exorchiae An exorchia was a feudal or allodial holding of a vassal who died without heirs. Close€“ namely, of the nobles and magnates as well as of the knights and burghers and in all their freeholds €“ shall come under the control of the princes since that which pleases the prince has the force of law. The legal maxim quod principi placuit legis habet vigorem is a direct quote from Ulpian, Digest (I, 4:1) andGaius, Institutes (I, 4:1). It became a core of regalist thinking throughout the later Middle Ages. CloseMoreover, concerning their chattels, let these holders of exorchiae do whatever they wish and bequeath them to relatives, churches, or for their souls. 66 Associations This kind of informal pact among soldiers had a long history springing from the legionary collegiae“associations” of Imperial Spain and served as a kind of “rudimentary tontine” by distributing the advantagesand dangers of military endeavors among all surviving parties. Close and pacts which knights and footmen mutually make, while wishing to go on a military or hunting expeditions, must be rigorously observed by those who hear and sanction them. Concerning those who hear them, remain quiet, and do not oppose them, let them thus have as much profit or loss as was agreed among the others. 67 [89] By a good rule of customary law which was well-sanctioned by all of their vassals, the oft-mentioned princes decreed that no vassals, having lords, for any trick or reason €“ neither because of a renunciation of fealty, a rupture of ties, nor by the abandonment of their fiefs €“ shall ambush, pursue, attack, wound, capture, or hold prisoner the persons of their lords. Indeed, if, God forbid!, anyone does this to his lord, let him come under his lord€™s custody and remain a prisoner until he shall make compensation in accordance with the judgement of the prince and his court to him for the wrong and dishonor committed against him; that is, concerning that wrong which he has committed against the person of his lord. 68 This article has strong affinities to the two chapters of the Libri Feudorum (II:5-6; V:8) which declared thatpublic roads, navigable rivers, ports, mines, and coinage fell under the jurisdiction of the king. Close Highways and public roads, flowing water and fresh water springs, meadows and pastures, forests, coppices, and crags existing in this land are the rulers€™, not so they may have them as a freehold or hold them in lordship but so for all time these shall be for the use of all their people without any hindrance or encroachment and the establishment of any tribute. Let the rulers hold the crags in such dominion that whoever has them in his fief or freehold shall not build any fortification, castle, church or monastery on top of or near these without the permission and counsel of the prince. But if anyone who has sworn his fief to the prince and does this, he is to be considered a perjurer in this matter until he should abandon this building. 69 We command that the canal of water for the mill which flows to Barcelona shall be intact for all time. And let whoever presumptuously breaks it pay the prince a fine of a hundred golden ounces of Valencia for each instance and let whoever does this secretly for irrigation pay the prince a fine of three of the aforesaid golden ounces for each instance. 70 This article is similar to a portion of the municipal lawcode of Tortosa[425] which deals with the utteringof insults between townsmen. It also influenced a law of James I of 1242 which forbade anyone from calling aJew converted to Christianity “renegade” (renegat), “turncoat” (tornadiz), or “apostate” (tresallit) . Close [90] If anyone lures a baptized Jew or Saracen back to their religion or calls him either €œturncoat€ or €œrenegade€ or if anyone within our city walls or burghs is the first to draw a sword against another or calls him a €œcuckold,€ let him pay a fine of twenty golden ounces of Valencia to the prince because of his ban. And if he hears or suffers any wrong there, let no compensation be made him for this and afterwards let him await the law and justice of his adversary. 71 By the authority and request of all their nobles, the oft-mentioned princes R[amón Berenguer] and A[lmodis] decreed that all men, noble and ignoble alike, going to, staying with, or returning from the ruler shall have the [protection] of the peace and truce for the whole time, day and night. They shall be unmolested by all their enemies, along with all their fiefs and property as well as all men holding their fiefs, residing on them, or laboring in their service, along with everything which these persons hold and possess, continually until they return to their homes. And if anyone harms anything of theirs or inflicts any damage or commits a crime against them, from that day, he may consider his ties to the ruler broken. And if he suffers any wrong because of this, let no compensation be made him in any way. And let he who disobeys the prince€™s commands and, for any reason, does any wrong to those placed under this protection or to their possessions, make restitution eleven times over This level of compensation was an extremely harsh one in comparison with the early Catalan peace andtruce or with other articles of the Usatges which seldom exceeded double compensation (in duplum). Elevenfoldcompensation, though enacted in the Liber Judiciorum [VIII, I, 6; IX, 2, 5] for robbery or recruiting violations, waseven relatively rare in Visigothic law. Close under the constraint of the ruler for all the wrongs which he has committed and everything he has stolen or carried off to those persons against whom he committed these violent acts and afterwards let him make compensation to the ruler for the dishonor he has done him with his own property and by the swearing of an oath with his own hands. 72 [91] They also ruled that, once complaints were made by both sides, if the parties involved in a case afterwards enter into homage, an oath of fealty, or even a pact of friendship by an exchange of good faith and if the aforesaid suits were not maintained, they shall be perpetually null and void and considered terminated. 73 Indeed, let none of the magnates €“ namely, the viscounts, comitores, or vasvassores €“ hereafter presume in any way to either punish criminals(that is, to hang them for justice) or to build a new castle against the prince, or hold his fortification under siege or wage war with siege engines which are vulgarly called fundibula, goza, and gata The fundibula and gussa were catapults of various sizes and designs. The gatta was a battering ram. Close since this is a great dishonor to the rulers. But if a person does this, let him abandon or destroy the castle or give it back to the prince without any lessening of its value if he had captured it, immediately after being so demanded by the prince. And by the distraint of the prince, let him make double compensation for all offenses he has committed there to the person against whom he committed them. And if he captures knights and other vassals there, let him release and return them to the prince. Indeed, let him afterwards make compensation to him for the dishonor which he has done him in this matter with his property or fief by swearing an oath with his own hands but he is not bound to make any further compensation to him. Thus the exercise of this distraint is conceded to none but the rulers. Since the rendering of justice in regard to criminals €“ namely, concerning murderers, adulterers, sorcerers, robbers, rapists, traitors, and other men €“ is granted only to the rulers, thus let them render justice as it seems fit to them: by cutting off hands and feet, putting out eyes, keeping men in prison for a long time and, ultimately, in hanging their bodies if necessary In regard to women, let the rulers render justice: by cutting off their noses, lips, ears, and breasts, and by burning them at the stake if necessary, And since a land cannot live without justice, therefore it is granted to the rulers to render justice. And just as it is granted to them to render justice, thus it is permissible for them to release and pardon whomever they please. 74 This article has strong ties to the peace laws of Ausona and Barcelona in 1064. Close [92] Let all offenses committed during the truce of the Lord always be doubly compensated, except for those persons who are ejected from the peace and truce of the Lord. 75 Let a truce given between friends and enemies be observed and maintained without deceit for all time. Indeed, if, God forbid!, it is violated in any way, let simple restitution be made. 76 The oft-mentioned princes ruled concerning all men except knights €“ that is, burghers, bailiffs, and peasants €“ that their lords, in whose fiefs they were when they were killed or suffered any wrong or affront to their persons, fiefs, or property, shall receive a third of the compensation if because of this their lord comes to their aid. Nevertheless, with the approval and counsel of the good men or through the judgement of the ruler and his land, let them make a judicial settlement with those from whom they receive the compensation. 77 If one suffers any wrong, and, before he seeks vengeance for it, consequently seeks justice and if the malefactor promises to render justice to him and he [the victim], refusing it, afterwards commits another crime, first let him make compensation for the wrong which he has committed and afterwards let him then receive justice from the malefactor from whom justice must then be rendered him. But if the malefactor resists justice and he afterwards suffers any wrong, let no compensation be made him in any way. 78 Likewise, the aforesaid princes decreed that rulers shall confirm and maintain for all time the peace and truce of the Lord, and act to have it confirmed and maintained by the magnates and knights of the land, as well as all men living in their country. And if anyone [93] violates the peace and truce of the Lord in any way, he must make restitution according to the judgement of the bishops. 79 If anyone has vassals who, without his order or consent, commit any wrong to another and he promises to render justice between them and the other parties and he wishes to post a surety so that he should act to render justice and if he who has suffered the crime does not want to receive justice and thereafter commits some crime does not want to receive justice and thereafter commits some crime to any of the vassals, first, let him make restitution just as it was judged for the crime he has committed and then let him receive justice from the lord for his vassals just as a lord is bound to render it for them. Thus just as a reprisal committed because of a deprivation of justice Unlike the fatigatio de directo in which a person would not submit to justice at all or not accept the work ofa legitimate tribunal, the proferimentum de directo was any wilful delay of litigation by one of the litigants who hadpreferred charges before a tribunal but hoped to delay its work as long as possible. It is the direct opposite ofthe form facere directum which signified that a person was willing to carry out his judicial responsibilities. Close must in no way remain in effect so compensation shall not be made. 80 This article is drawn almost exclusively from the southern French legal collection, the Petri Exceptiones(IV,17). Close If a person has any grievance against another and summons him to render justice, and he, for the fear of God, nor by an order of a judge, nor by the advice of relatives and friends, wants to render justice to the plaintiff and the plaintiff, moved by anger, steals his chattels, burns down his houses, destroys his standing crops, vines, and trees, and then at any times afterwards the defendant comes to justice, first, let him make restitution for any damage he has done to the plaintiff and for the profit which he might have garnered from the plaintiff€™s possessions and, then let the plaintiff give back any of the defendant€™s possessions he might have. But indeed if any of these possessions were consumed, let him restore as much profit as he garnered to the present time and afterwards let the defendant render justice to the plaintiff, as is obligatory and fitting for him to do. 81 [94] If anyone is proven guilty and convicted of homicide, let him come into the custody of the deceased next-of kin and their lord. If he does not want to or cannot render justice, they can do what they wish with him, short of his death. 82 Concerning the compensation for all men who were killed, their sons or relatives, from whom a legitimate succession is fitting for the claim of inheritance, could charge the defendant or murderer, and undoubtedly have the right to take vengeance on him. But if they do this, let them have the compensation for homicide just as it was decreed to be done concerning defendants or murderers according to the laws The compensations for homicide in the Liber Judicorum(VI, 1, 2-5; VIII, 4, 16; IX, 2, 3) fall into twocategories: (1) those committed by “malicious intent” or “gross” negligence which called for fines payable to theCrown ranging from 300 to 500 solidi(the gold coinage of the Visigothic realm) and (2) those occasioned by lessblatant negligence which were settled by the payment of smaller sums to the next-of-kin. Close or the customs of their land. 83 Concerning bailiffs of whatever sort, they must be legally answerable for their lords and their rights by the ordeal of boiling water, even in matters not involving judgements. Indeed let no bailiff grant his bailiwicks to his heirs without his lord€™s consent. 84 If a peasant takes back that which was rightfully confiscated from him The disemparamentum was the opposite of the emperamentum, the lordly confiscation of the feudal tenure ofa vassal derelict in his service. The disemperamentum thus consisted of the vassal’s illegal seizure of the confiscatedholding. Close, let him give five sous for the sheer effrontery. And if he takes anything except within his rights, let him make double restitution in this case. Let a knight who takes such things pay back and restore exactly what he has taken along with an oath. 85 If anyone violently rapes a virgin, either let him marry her if she and her parents [95] are willing and let them give her dowry The exovar had become one of the most prevalent dotarial forms in Catalonia during the period of theUsatges compilation. It derived from the Arabic al-ashwwar, the bride’s household furniture and cookingimplements, but by the end of the twelfth century the exovar had become synonymous with the Latin dos “dowry”in describing grants exchanged between a bethrothed couple or from the parents of the bride to their future son-in-law. Close to him or let him give her a husband equal to his rank. If one violently ravishes a women who is not a virgin and makes her pregnant, let him do the same. 86 Concerning the possessions and patrimony of childless peasants or holder (exorchii) who have departed from this world, let their lords have the same portion which the sons would have if any sons procreated by the exorchii had survived. 87 Likewise concerning the possessions and property of adulteresses if the adultery is committed against the husband€™s will, let them and their lords have equal portions of all the adulterous wives€™ property. But if, God forbid!, this adultery is committed with the will, order, or assent of the husbands, let their lords have full right and jurisdiction in such cases. 88 However, if the women do not carry this out by their free will but from the fear or order of their husbands, let them be exempt from the actions of their husbands and their [husbands€™] lords and not subject to the loss of any of their own property. And if these same women desire it, they may separate from their husbands and yet nevertheless let them not lose their dowry or wedding gift. 89 This article is drawn from a passage of the Liber Judiciorum (III,4, 3) on adulteresses. Close Husbands can accuse their wives of adultery or even of the suspicion of it and then they must clear themselves by their affirmation on oath and by judicial battle if there are clear indications and evident signs in these. Moreover, wives of knights should do so by oath [96] and likewise by judicial battle between knights. Wives of townsmen and burghers and noble bailiffs, by judicial battle between foot champions. Wives of peasants, by their own hands through the ordeal of boiling water. If the wife is victorious, let her husband honorably keep her and make compensation to her for all expenses which her retainers have incurred in this suit and judicial battle. But if she was defeated, let her come into the custody of her husband with everything she has. 90 A true informer will not be so considered unless that which he informs about he demonstrates as true by oath, judicial battle, or judgement by boiling or freezing water. 91 No one can encumber, defend, or retain as his own jurisdiction that which is under the jurisdiction of sanctuaries or is owned by the rulers or is within the boundaries of castles, even if possessed for a period of two hundred years. 92 Let guardians and bailiffs be legally answerable for their wards if these are willing. But if, however, they are not, this must wait until the ward shall come of age; that is, twenty years old, so they may engage in litigation with plaintiffs. But if these plaintiffs can prove that they were deprived of justice by the wards€™ fathers, from then on the guardians must be legally answerable and engage in litigation for the wards without any delay. However, when a father thus dies, let his vassals immediately come before his son even if he is a small child, become his vassals by commending themselves with their own hands, accept from his hand the castles and fiefs which they held by the grant of his father, and give him control of these castles. Then let them go with him to the lord under whose authority he must hold his fief and commend himself to him and accept from his hand the fief which his father held for him. Let the vassals with the guardian, and the guardian with them serve the Lord. So indeed the ward should not lose his fief, let the guardian€™s vassals make a sure act of fealty to the lord. Yet indeed if the guardian wishes to diminish the ward€™s fief or keep it longer than the usual period, let these vassals help their lord without deceit. In the meanwhile, let the guardian truly take charge of the [97] boy and his fief and raise him well and honorably, make him a knight when he reaches a fitting age and return his fief to him. But if, however, the ward is a girl, let the guardian provide her with a husband with the advise and counsel of the good men, and likewise return her fief to her without diminution. Let peasants from age fifteen recover their fiefs and chattels. 93 This article has affinities to a passage of the Liber Judiciorum (IX, 1, 4) on fugitive slaves. Close After Saracens have run away, let whoever finds and keeps them in custody before they should cross the Llobregat return them to their masters and have as his reward one mancus for each. From the Llobregat to the Francoli, three-and-a-half mancuses. Past that, one ounce as well as their chains and clothing. 94 If a peasant finds either gold or silver, which in the vernacular is called bonas, Bonas refer to a vernacular term used to describe deposits of precious minerals or coin hoards. Close a horse or mule, a Saracen or goshawk, let him immediately notify his lord, show and return it to him, and then receive whatever reward his lord wishes to give him. 95 When a peasant suffers injury to the body or damage to his property or fief, let him in no way dare take vengeance or settle the dispute but as soon as he suffers the wrong, then let him make an end to this matter in accordance with his lord€™s command. 96 At times, we have ordered that the sous to be used for the payment of the fine for cutting down trees be golden as the law prescribes The passage referred to is VII, 3, 1 of the Liber Judiciorum which lays out a detailed schedule for theunlawful felling of various types of trees. Close and at other times, in dinars. Since just as all trees do not have the same value, thus they must not bear an equal fine [for the felling of them]. And we allow that this fine may increase or decrease according to the ruling of a judge. [98] Indeed, let this fine be made according to the value of the trees and the damage and dishonor to their owners. 97 In a bailiwick or castle guardianship for which one has done homage or paid tribute, if one guards and defends this to the best of his ability, he must have judicial rights The estaticum was a set of judicial rights which included the assessing of fines, the forcing of litigants toabide by verdicts and settlements, and even the carrying out of capital punishment. The bailiff or castellanexercised these rights over the population of the castle and its territory and yet had to relinquish these rightswhenever the lord reclaimed the potestas of the fortress or tenure. Close and a moderate utilization €“ namely, of grass, straw, gardens, and fruits of trees €“ nor must any wrong come to him there for any reason. But if it does, let the lord of the freehold make compensation to him, and, if he has a suit or war because of this bailiwick or castle guardianship, likewise let the lord help him. Concerning a bailiwick or castle guardianship for which one has not done homage or tribute, he will not have judicial rights but will have all the rest. 98 If anyone claims he was deprived of justice from the prince, a bishop, his lord, or his adversary in a legal suit, or alleges that he was ejected from the peace and truce of the Lord by one of them, or says that his lord has broken feudal ties with him, and cannot prove it, let him make compensation for all offenses which he has committed in this case. Afterwards, let him file suit, seek justice, demand adjudication and thus do so publicly so often that it cannot be denied him. 99 Let all vassals maintain the peace and truce with the rulers for thirty days after they have broken feudal ties with them; let the rulers maintain it with their viscounts and comitores for fifteen days; and with the vasvassores and other knights, for ten days. 100 [99] Let Christians not sell weapons to the Saracens except with the consent of the prince. But if they do so, let them reclaim the weapons which they have sold, no matter how difficult for them. And unless they do so, let them pay the ruler a fine of a hundred golden ounces. 101 Let them pay the same fine if they sell food to them contrary to the prince€™s wishes. 102 Let a person who informs the Saracens concerning a military expedition or strategy of the ruler or who betrays his plans or secrets pay the same fine, after he had made compensation for any wrong which takes place because of this. 103 Indeed, the above-mentioned princes issued another noble, honorable, and useful rule of customary law which they observed and commanded their successors to perpetually observe €“ namely, that they shall maintain a court and a great household, form a band of retainers, give them soldier€™s fees The sollata (var. solidata) was a royal grant, usually of money, not unlike the northern European fief-rent.This stipend, originally of no more than one sou, compensated vassals who were forced to spend more than thecustomary term in the sovereign’s host or those in the martial employ of lords other than their own. Close, grant redress, render justice, judge according to the law, support the oppressed, and come to the aid of the besieged. And that whenever the princes want to eat, they should have the horn blown so the nobles and commoners will come to dine and there the princes should distribute fine garments which they have among the magnates and within their own household, and there summon military expeditions with whom they set out to destroy Spain, and there make new knights. 104 Likewise, the oft-mentioned princes ruled that if anyone in person or through messenger wishes to break feudal ties with his lord, he may be secure in doing this; secure while [100] he comes, secure while he stays, and secure until he returns home. But, in the meanwhile, if he knows of damage to his lord, he should prevent it if he can. But if he cannot, he should notify his lord about it and, unless he does so, he will bear the fault for the damage done by the malefactor. 105 They also ruled that if parents with sons or sons with parents have a legal dispute or lawsuit, let the fathers be judged as lords and the sons as vassals who have commended themselves with their own hands. 106 But if sons commit any crime against the lord of their fathers, let the fathers force their sons to make restitution and compensation to their lords for this crime or let the fathers themselves make compensation for them. But if they do not want to do this, let the fathers totally disinherit their sons and abandon their support of them without deceit. 107 Likewise, they ruled that if any son of a magnate of the land, whether of greater or lesser status, did any wrong to any vassal of his father€™s castle or his fief or with his own vassals, the father should himself force his son or his vassals holding his land to make restitution for the wrong they have done or he should make restitution for them. Yet if the son besides does any wrong to another person from other places and not from his father€™s castle or from his fiefs nor with his father€™s vassal, neither should he return to the paternal castle or fief nor should his father or mother do him any favor nor protect him in anything. But if they do, they should make compensation for the wrong their son and the vassals he leads with him have committed. 108 Indeed, the aforesaid princes also decreed that if a dispute occurs or a lawsuit arises between Christians and Jews, two witnesses from both parties €“ namely, one from the Christian and the other from the Jew €“ shall suffice to prove their cases. Thus nevertheless if [101] the case is to be proved for the Christians, both witnesses should testify and the Jew swear an oath. And if it is to be proved for the Jew, likewise they should both testify and the Christian should swear an oath. 109 The aforesaid princes ruled and acknowledged it to be good faith that no men, after they have greeted or kissed each other, shall commit any crime against the other person on that day. But if, God forbid!, they did this, they should make restitution and compensation without any interdict to the person against whom they have committed this crime. 110 Indeed, they likewise established and approved as sound judgement that if anyone enjoys another€™s hospitality and dines with him, he shall completely abstain from doing any damage whatsoever to him for the next seven days nor, by any kind of artifice, commit any crime against him in any way or for any reason either through his lord, retainer, or in person. But if it happens that he should do this, he shall make restitution and compensation against the one who has done this. 111 Therefore they ruled that if anyone traveled with another, or was with him either on the road, in his home, a field or in any other place and if another person then attacks him or wants to take any of his things from him, his companion should help him against all men as best as he can without deceit, even against his own lords; and he shall fear no official charge because of this. And his lord may not then file suit in any way against him concerning any part of his homage or for the violation of his oath, unless he was warned beforehand by his lord or his lord's retainer that he should not guide nor accompany the person. 112 This article is a close approximation of the prologue of the Barcelona pax et treuga of 1064. Close Then the aforesaid princes, being at Barcelona at the Church of the Holy Cross [102] and Saint Eulalia the Martyr, with the counsel and aid of their bishops €“ namely, B[erenguer] of Barcelona, G[uillem] of Ausona, and B[erenguer] of Gerona, as well as the abbots and the monastic clergy of different orders and with the assent and acclamation of the magnates of their land and other God-fearing Christians €“ confirmed the peace and truce of the Lord and decreed that it be observed in their land for all time. And if it was violated in any way, restitution and compensation shall be made as it has been committed to writing at this time in each see and bishopric of their land. 113 If a person who has posted a guaranty refuses to carry out the obligation The phrase portare fidem in this case signifies the complex of mutual obligations between lord and vassaland emphasizes the ties of bona fide “good faith” between the two. Close he agreed to, it is permissible for the person against whom the obligation was broken to compel and distrain him within the limits of the peace and truce forever. But he nevertheless should practice a moderate distraint and make a fitting guaranty since it is not just to take great guaranties for moderate debts. Yet if the person who posted the guaranty carries out his obligation and pays the debt from his own funds and the person who imposed this guaranty on him does not want to release him from it, let him be forced to pay this debt twice over to the guarantor for all the damage which has happened to him because of this guaranty. 114 If anyone slights his lord, basely answers him and lies in an accusation against him and therefore the vassals suffers any wrong because of this, let no compensation be made him in any way if the lord was telling the truth concerning this. But, however, if the lord was lying concerning this, let him therefore compensate his vassal for the wrong and dishonor which has then happened to him in this matter. 115 Indeed, after a knight is accused of treason by his lord, he must not be legally answerable for his lord in other suits until he shall be cleared of this accusation unless the lord releases him of the accusation beforehand. 116 [103] The oft-mentioned princes also ruled that if persons of greater rank have a suit with those of lesser rank and an oath was directed to be taken between them, let the greater swear in person with the lesser if the lesser can have men of rank equal to the greater to swear for them. But if not, however, the lesser shall swear with the greater and the greater provide them men of equal rank and these shall swear to them what the men of greater rank have to swear. But if all of this is impossible for them, let oaths be made from each party by individuals who are Christians and their vassals, having commended themselves with their own hands. They likewise decreed this for common suits, in which no one holds lordship or suzerainty. 117 Concerning those who depart this world intestate, if they leave wives and children, let their lords accede to a third of their patrimony. And if they leave children and no wives, let the aforesaid lords accede to a half. If wives and no children, let the aforesaid lords accede to half and the relatives of the deceased, the other, to half. But if the relatives are dead, after the rights of the wives have been observed in all places, let it all be given to the lords. Thus exactly what is proclaimed above for men shall be in effect concerning intestate wives. 118 This article shows the influence of a passage of the Liber Judiciorum(V,2,6) on written donations. Close By the authority and request of all their noble and magnates, the oft-mentioned princes R[amón Berenguer] and A[lmodis] ruled that every grant shall remain permanently unrepealed and in effect. In addition, if anyone wants to grant his castle, fief, or any possession to his son or daughter, nephew or niece, indeed he shall do so under the following condition: that he shall retain possession of everything he has granted for all the days of his life, and, after his death, everything shall revert to the person to whom he had granted it. And he agrees to abide by the following stipulation: that he may in no way change his will €“ namely, that he shall receive the heir as a vassal commended by his own hands, or grant him control of a castle, or commend the castellan of the castle as well as those who hold the fief which he has granted him [104] as vassals or make him establish lawful possession of the aforesaid castle and fief from the lord from whose authority the granter holds the same castle or fief. But if he does all or one of the aforementioned things, then he cannot change his will if this grant was justly made or no other legal cause impedes it. For the laws and decrees allow a father to endow his son or nephew, granting to or benefitting him from his own estate. This section of the article is drawn from a passage of the Liber Judiciorum (IV, 2, 18) dealing with theinheritance of infants who die shortly after baptism. Close And it is sometimes customary to do this openly and sometimes secretly due to the fear from other sons, lords, or even from relatives and retainers. Therefore, the aforesaid princes and all of their court approved with a wholesome intent and, with this approval, ruled that the aforesaid mode of tenure [namely; homage, control of a castle, commendation of a castellan, or establishment of lawful possession from a lord] attain such a validity that this cannot be subverted or changed by any fraudulence and trickery or through any deceit. In this way and manner, a father and grandfather can endow his son or daughter or even his nephew or niece. 119 This article is a reworking of IV, 5, 1 of the Liber Judiciorum and I, 15 of the Petri Exceptiones, both of whichdeal with the disinheritance of children. Close The aforesaid forbears, however, can disinherit their sons or daughters, nephews or nieces if they act with such effrontery as to seriously strike or dishonor their fathers, mothers, grandfathers or grandmothers, accuse them of a crime before a tribunal, or if the sons become traitors, the daughters do not want to marry husbands but live shamefully, or if the sons become Saracens and do not want to recant. If indeed they have been clearly proven guilty of such things, they must be expelled from their inheritance from the abovementioned persons, if the grandfathers or grandmothers, fathers or mothers are willing. 120 This article was influenced by 1, 18 of the Petri Exceptiones which outlines the four conditions in whichdisinheritance is allowed. Close If anyone wishes to disinherit his son or daughter, nephew or niece, let him do so by name and state the wrongful act for which he is disinheriting him, establish another heir [105] in this place, and let the case of disinheritance be proven by the person established as the true heir. If any of these things are not done, a person can in no way disinherit his son or daughter, nephew or niece. And if he presumes to do so, this action will be null and void. 121 Princes, magnates, and knights can likewise give their fiefs to whomever they wish €“ namely, in regard to that fief to which they should expect to accede by an act of reversion The aperecio (var. apertura, adobertura) described the condition of a feudal tenure at the death of its currentholder when it became apertus “vacant” and reverted to the lord's authority for disposition. While it was in thepurview of lordly power to grant vacant fiefs to whomever it wished, the tenure normally went to the deceasedvassal’s descendant. Closeafter the death of any possessor [of the fief]. But afterwards they cannot change their decision if the recipient was already one of their vassals commended with their own hands or, because of this grant, they received him as a vassal. If this tenure is such for him and his lord denies that he had given him this fief, a formal verification shall be sufficient for him to act as if he had already held the fief. Therefore, very often this grant was found to have been done in secret. Moreover, the oft-mentioned princes gave verification to such a grant for all times. 122 Let a judgement rendered in court by a judge chosen from the court be accepted by all and be in force for all time. Let no one by any artifice or trickery dare to refuse to obey it. But whoever does this or wishes to do so shall come personally, along with everything he is considered to own, into the custody of the prince so he may do as he wishes with him since he who refuses the judgement of the court, attacks the veracity of the court; and he who attacks the veracity of the court, harms the prince. And he who wishes to harm the prince should be punished and condemned for all time along with his progeny since one is demented and senseless who wishes to resist or stand in opposition to the wisdom and experience of the court in which there are princes, bishops, counts, viscounts, comitores, vasvassores, learned and wise men, and judges. 123 [106] The judgements of the court and the rules of customary law must be freely accepted and in force since they were not issued but for the severity of the [Gothic] law since all can file suit though all cannot carry out a compensation in accordance with the laws The table of compensation mentioned in this article comes from VI, 4, 3 of the Liber Judiciorum. Close which judge that homicide is to be compensated by three hundred golden solidi which is worth four thousand fine silver sous; the putting out of an eye, by a hundred; the cutting off a hand, by a hundred; of a foot, by a hundred; and the same for other members of body. Of course, they judge all men equally and indeed rule noting [of relations] between vassal and lord since these things must be done or were done in accordance with the rules of customary law, the aforesaid princes ruled that all judgements shall be rendered according to the rules of customary law, and when the rules of customary law are not sufficient, let the laws, the ruling of the prince, and the judgement of his court be reverted to. 124 This article is drawn from passages of the peace and truce laws of Ausona and Barcelona in 1064concerning the setting of ambushes during or shortly after the Lord’s truce. Close If anyone lays in ambush during the truce of the Lord is over or sets an ambush within the fief or the boundaries of his adversary's castle and commits a crime through this ambush out of doors on the day after the truce ends, he therefore must make compensation as if he had done it during the truce of the Lord. 125 This article is drawn from II, 1, 17 of the Liber Judiciorum which allowed for a conclusion of suits by judgesonly or by judge and advocate. Close The above-mentioned princes ruled that everyone shall wait for his adversary until the third hour of the day[nine A.M]. Indeed, then if he so wishes, let him take possession of the pledges and consider this failure to appear to be a deprivation of justice if the adversary himself who has failed to come to the tribunal does not consider himself to be without deceit. And if he does retain them, he may not demand the suits€™s adjudication through his advocate. This is not so between vassals and their lords €“ it seems fitting that vassals wait for their lords until the ninth hour [three P.M.]. [107] Text Appendix One A1 Let no one taken prisoner by a court and put in a castle as a sentence then leave it without permission. But if he presumes to do so, except perhaps for fear of death, he will pay the penalty for assault; This penalty of thirty solidi is drawn from VIII, 1, 4 of Liber Judiciorum. Close that is, thirty sous, which he will give to the court. Then after he has returned to the castle, let him make compensation for the guilt he has incurred as the court judges. A2 The oft-mentioned princes also ruled and ordered that all men living in their country shall for all time make peace and war by sea and land with the Saracens according to the princes€™ orders. A3 The oft-mentioned princes R[amón Berenguer] and A[lmodis], along with their magnates, also approved and sanctioned that bishops, in their chapters or synods, also in their councils or communities, shall investigate, judicially intercede, punish, and judge churches and clerics as well as their rights and jurisdictions, along with all infractions of the peace and sacrilege committed in their bishoprics. Text Appendix Two B1 This article is drawn verbatim from a canon of the Council of Clermont of 1095. Close Let whoever kills a subdeacon pay a fine of three hundred sous; a deacon, four hundred sous; a priest, six hundred sous. Let whoever is judged guilty of killing a monk pay a fine of four hundred sous; a bishop, nine hundred sous. B2 This article is based on the capitulary of Charlemagne issued in 805 (Capitulare missorum in Theodonis villa)on judicial proceedings. Close [108] We command that in order to have perjury prevented, witnesses shall not be admitted to take an oath before they have been interrogated. And if they cannot be interrogated otherwise, they shall be isolated and individually questioned. And it shall not be permissible for a plaintiff to summon witnesses when the defendant is absent. And generally no one except those who have been isolated shall be admitted to take an oath or give testimony. And if one is admitted to give testimony and is refused, let the person who refuses him say so and demonstrate why he does not want to admit him. Let witnesses be selected from this territory and from none other, unless the case must be investigated farther than the boundaries of the County. And if one was convicted of perjury, let him lose his land or redeem it with a hundred sous. B3 The ultimate origin of this passage is , II, 39, 3 of the Theodosian Code (De fide testium et instrumentorum).It was then transmitted through the Breviary of Alaric [II, 14, 2], the Liber Judiciorum [II, 14, 2] and theDecretum[XVI:204] and Panormia[V:21] of Ivo of Chartres. Close And before witnesses may be interrogated concerning a case, let them be constrained to swear an oath that they would say nothing other than the truth. We also order that more honorable [of higher status] witnesses shall be given more credibility than that of less honorable ones. The testimony of one person, no matter how well-placed and worthy of belief, must in no way be considered. B4 The first section of this article is drawn from a passage of the Breviary of Alaric (XI, 2, 14) which was itselfa citation from a law manual of the early Republic, the Sententiae Petrii (5, 39, 1). The second section is drawnfrom the Pauli Exceptiones (4, 30). Close If when an unjust appeal was proven of anyone, let him be constrained to reimburse the expenses which his adversary had to bear for the appeal not simply but four times over. Two or three credible witnesses are sufficient to prove all suits; the testimony of only one is condemned by the laws and canons. B5 The earliest source of this article is a capitulary of Charlemagne issued in 744. It later appeared in Ivo’sPanormia [IV, 81] and Gratian’s Decretum[case IV, question 4, chapter 1]. Close [109] Let no one ever presume to be plaintiff, judge, and witness at the same time since it is necessary for four persons to always be present in every tribunal; that is, the chosen judges, credible plaintiffs, fit defendants, and witnesses worthy of belief. Moreover, judges must act with fairness; plaintiffs, with the intention of amplifying the case; the defendants, with the intention of narrowing the case by putting limits on it; and witnesses must prove the truth. B6 The first part of this article is a citation from Ivo’s Decretum[V, 239] and Panormia[IV, 1, 34] and Gratian’sDecretum[c.III, q. 5, c.2]. The second section is a quotation from the Digest[22, 5, 16] which was also cited in Ivo’sDecretum[XVI, 181] and Panormia[V, 33] and Gratian’s Decretum[c. II, q. 8, c. 5]. |