De doctrina privilegiorum 4
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[4.] EXAMPLE OF THE EMPEROR'S PRIVILEGE.

[4.1] CONRAD, BY THE GRACE OF GOD EMPEROR OF THE ROMANS, AUGUSTUS, TO THE BROTHERS <LIVING> CANONICALLY AT PORTA,1 IN PERPETUITY.

[4.2] Just as it is fitting and worthy to the imperial office to punish the evil acts of the wicked, so it is no less suitable for it to kindly favor deserved and just entreaties.2

[4.3] Therefore, disposed to clemently assent to your claims, we decree, sanction and confirm by the bulwark of this present privilege all your possessions canonically established on land or sea, which you now hold or possess, or which hereafter you and your successors are going to acquire rightfully and legally, so that no archbishop, bishop, furthermore no duke, margrave, count, viscount, castellan and no person, ecclesiastic or laymen, may ever presume to disturb, invade or in any way diminish any of the aforesaid possessions. But let them remain forever whole and undisturbed, strengthened by the firmness and perpetual protection of this present privilege, for the proper use of your and your successors, in perpetuity.

[4.4] Thus if any person of any order or office whatsoever would knowingly and rashly attempt to oppose the page of this present privilege and he shall afterwards have had clearly known it, unless he make suitable amends to us, let him by all means know that he should be punished with imperial severity as one guilty of treason. Nevertheless, he will also pay twenty pounds of gold in all, half to our treasury, the other half part for the use of the aforesaid canons.

[4.5] Indeed so that it may be more certainly believed, we have strengthened that privilege with our own hand and we have ordered it to be distinguished by our seal.

[4.6] I Henry, archbishop of the church of Mainz, in the stead of lord Hermann,3 my predecessor, chancellor of the imperial curia, have recognized that this was done under the year one thousand one hundred and fifty eight of the Lord's incarnation, tenth indiction, in the second year of the empire of Conrad, most noble emperor of the Romans, augustus.4

[crismon] Sign of Conrad, most noble emperor of the Romans, augustus.


1 The Roman suburban bishopric of Porto (see above De doctrina privilegiorum 2.7). Since the church of S. Hippolytus at Porto seems never to have had a cathedral chapter, the canons here privileged may be those of SS. Rufina et Secunda in Silva Candida, which was combined with the see of Porto by Calixtus II, a union confirmed by Hadrian IV. See IP 2.21, nos. 14-15 (JL---). Because canons, not monks, are addressed below, 4.4, a less likely recipient would be the Cistercian monastery of SS. Marie and Iohannis at Schulpforte (6 km. west of Naumburg). This foundation originated ca. 1140 from a formerly Benedictine house at Schmölln (ca. 50 km to the SE), which had been converted in 1132 to the Cistercian order from the mother house at Altenkamp (at Rheinberg), itself a daughter of Morimond.

2 See DKo. III.65: Quemadmodum regie auctoritatis est superbos deicere, pravorum conatibus contraire, sic eius honorificentie est humiles erigere et iustis bonorum desideriis consentire. Cf. also DKo.III.96. Both composed by Wibald of Stavelot.

3 Not identified.

4 The impossible date of 1158 resulted from a mistake or reworking, 1147 would agree with the indiction number. The dating here by year of imperial rule, as well use of imperial titles for king Conrad III, would indicate the author of De docrina privilegiorum was in contact with Wibald of Stavelot. As RANIER MARIA HERKENRATH Regnum und Imperium: Das Reich in der frühstaufischen Kanzlei (1138-1155) SB Wien, Phil.-hist. Kl. 264.5 (Vienna 1969) demonstrates, Wibald was he prime mover behind the adoption of 'imperial' titles in the charters and correspondance of Conrad III and his son, the young king Henry.

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© Steven M. Wight, Los Angeles 1998

Scrineum © Università di Pavia 1999