[2.5.1] A confirmation differs from a privilege, because a confirmation becomes invalid at a predetermined timepoint, a privilege is forever. Furthermore, a privilege has all long letters at the beginning and afterwards some letters are lofty and contorted.
[2.5.2] A privilege is like a private law. Some say that privileges are only of apostolic prelates and of kings, that testaments and confirmations are of bishops and of others. But usage says otherwise. Still it can also be called a testament when a bishop strengthens perpetually by his writing the testament of some canon.
[2.5.3] Something like a salutation is placed first in a privilege, thereafter a preamble if you desire, then the donation which should be confirmed, then the witnesses. After these are put the year of the Lord and of the indiction, and an entry of the pope and emperor, and the regnal year of the bishop issuing <the privilege>. At the end a conclusion should be proclaimed.
[2.5.4] Some declare that the witnesses and years are now placed at the end, but then it could be forged, for which reason I do not approve this. Remember this carefully, that in actiones and especially in litteris formatis, confirmations and privileges, proper names must be completely written down, but above all the name of the one issuing the document.
[2.5.5] In the name of the holy and individual Trinity. G. by the grace of God bishop of Halberstadt.
[2.5.6] It befits ponifical sollicitude to watch out for the needs of churches and to guard against varied future misfortunes with all diligence.
[2.5.7] Therefore we wish it to be known to the faithful, both of present as well as of future times, that a certain nobleman, namely Dedo of Krosigk,1 desiring to obtain for himself memorial of a blessing, for the remedy of his own and his brother's soul, has granted a whole manor of our predecessor bishop T.,2 located in Seeburg,3 to the church of S. Maria.4
[2.5.8] Witnesses to this matter are C., senior provost, V., deacon and others; <witnessing> ministerials are C., prefect and many others.
[2.5.9] This was enacted in the year 1194 A.D, twelfth indiction, pope Celestine presiding over the holy Roman church, emperor H. reigning, in the first year of our ordination.
[2.5.10] So that this donation may remain valid and undisturbed, in the power of the Holy Spirit we have confirmed it with our bann and have marked this testimonial page with the impression of our seal.
[2.5.11] And pay heed, that this order is of the greatest authority and has been well tested by ancient and modern usage. Moreover, reason demands that nothing be added after the apposition of a seal. You should know there should be no fewer than twelve witnesses. There can be more as pleases. The final notice of this faculty should be, that only bishops, kings and the pope can compose privileges, but only popes and bishops litteras formatas. All other prelates, namely abbots, provosts, deacons and archdeacons can give actiones and confirmations. They make them in the same manner as we have said concerning bishops, changing persons and offices.
1 The village Krosigk is located ca. 7 km. north of Halle (8.5 km. NE of Seeburg).
2 Dietrich (Lat. Theodoricus) von Krosigk, bishop of Halberstadt (1180-1193).
3 Seeburg is located between Halle and Eisleben (although within the diocese of Halberstadt), on the southern shore of lake Süsser. A canonry dedicated to S. Peter was established there ca. 1176, which then came into Halberstadt's possession three years later. See ALBERT HAUCK Kirchengeschichte Deutschlands (Leipzig 1925) 4.985-986.
4 Although one manuscript indicates the church of S. Maria to be in Halberstadt itself (V: que est in civitate--cf. also below, 3.1.3), that is the foundation as does G. SCHMIDT Urkundenbuch des Hochstifts Hildesheim und seiner Bischöfe (Halle 1883), who prints this charter from V as no. 357, p. 318, as did F. WINTER "Aus einem Halberstädter Formelbuch des 12. Jhs." Zeitschrift der Harzverein 2.3 (1869) 190-195 at 193; also reprinted by K. VON KROSIGK Urkundenbuch der Familie von Krosigk (Halle 1883) 2.161 no. 193. It is printed from S by J.F. SCHANNAT Vindemiae literariae (Fulda-Leipzig 1723) 185 no. 18. But a more likely recipient is the Benedictine monastery of S. Maria in Klostermansfeld, only 8 km. NW of Seeburg. According to M. KRüHNE Urkundenbuch der Klöster der Grafschaft Mansfeld (Halle 1888) xi. and 321f., this monastery dates back at least to the mid-eleventh century.
© Steven M. Wight, Los Angeles 1998
Scrineum © Università di Pavia 1999