Oliva 20-33 
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[20.1] Retaining the monarchy of the world and the excellence of the CIty, the Lord permitting, we should always maintain inviolate the rights of all persons and protect all and each by imperial muniment, so that each person can be wholly at peace and content with their own property.


[21.1] These are general preambles and they can be fittingly placed for anyone. But it would seem tedious to assiduously repeat them, since the imperial court ought to be adorned261 with a glorious army of dictators,260 so each in his class may be seen to joyfully bring back to his own what he chooses. Every dictator must concentrate on variation, so that he might appear copious in any subject.

[21.2] Furthermore, the aforesaid preambles can be varied in many different ways for all those whom the emperor sometimes privileges: kings, patriarchs, archbishops, bishops, dukes, marquises, palatine counts, other counts,262 leaders or other noblemen, provinces, cities, castles or burgs, villages and lesser persons.

[21.3] The preamble may be first varied in this way for kings, so that which is placed in the genus may be in this way extended to the species.


[22.1] Since it is right for imperial majesty to preserve unharmed the rights of all persons and carefully nourish them with the muniment of its magnitude, it is fitting that we, who preside over the Roman empire by the grace of divine favor, should defend the rights of those illustrious kings who are the principal columns and members of the empire.263 

[22.2] A second preamble can be varied for kings in this way. 


[23.1] Since thanks to divine favor we have obtained the monarchy of the world and the excellence of the City, we must always to maintain inviolate the rights of all persons, and especially of those illustrious kings who are the principal columns and members of the empire. 

[23.2] He only earns goodwill of kings by delivering such a preamble; a descent from that preamble to all clergy and religious can also be accomplished as follows. 


[24.1] Since thanks to divine favor we have obtained the monarchy of the world and the excellence of the City, we must always to maintain inviolate the rights of all persons and especially the rights of those most holy clerics and of religious persons, who are not allowed to make a temporal defense. 

[24.2] A dictator can deliver preambles for clerics and laymen in innumerable ways with such words. If he should be circumspect, he could deliver a preamble for religious as follows.


[25.1] Divine clemency has placed us over the entire world for this purpose, that we must protect the ministers of Christ and the helpers of the ministries of God from assaults of the wicked, and that with our privileges and with the temporal sword we especially defend those, who having spurned carnal desires and the delights of this present life, strive to serve God, the king of all, and to please the most high Creator with all their affections. 

[25.2] For then our transitory empire will be governed with divine muniment, and we will be able to securely expect the reward of eternal blessedness, if we shall have taken care to protect those religious person who are the members of Christ and of the church.

[25.3] This preamble is general enough for any religious persons. But if the dictator wishes to appear copious, he can arrange a preamble in another way, specifying the names of places as follows. 


[26.1] Since we are required to protect all religious men with an imperial muniment, we should guard the brothers of the Camaldulensian264 order with greater forethought and solicitously defend their rights, because these sparkle with the purity of religion and show others a way to live according to rule. 

[26.2] The order of Clairvaux, the Cistercians, the Vallambrosians265 and other religious men can thus be commended in the preambles of privileges. 


[27.1] Since we should strengthen all churches established throughout the world with our protection and protect their rights with general statutes and private laws, we are required to more attentively strengthen those churches with our privileges and favors, which were directly endowed from the properties of the empire and which look to our special protection in temporalities. 


[28.1] It is right that we love the sacrosanct hospital of Jerusalem266 and its hospitallers with the highest affection and strengthen their rights with our privileges and protections in such a way, that when we stand before the tribunal of the eternal Judge, we may boast that we had honored that place in which the body of the Lord reposes. 


[29.1] Since it is right that imperial majesty should strengthen with its own solicitous protection all regular clergy and brothers of the Temple267 serving God, who, spurning the secular army have become soldiers of Jesus Christ, and, fighting for love of the Redeemer under the Lord's banner and their Rule, do not fear delivering themselves unto death fighting barbarian nations, he should in all things nurture them as attentively as they are known to fight gloriously in the Lord's camp for defense of the Christian name. 


[30.1] Since imperial dignity should safeguard all types of religious under the sway of its protection, we should the more willingly strengthen with our defense those virgins dedicated to God,268 who, spurning marital bonds, follow with lighted lamps the bridegroom, Jesus Christ, so much more as their condition is feeble and more inclined to be susceptible due to their feminine sex. 


[31.1] It befits imperial majesty to regard from eyes of vision the services of those persons and to readily admit their requests, who bear heavy burdens and carry out unbearable labors for the empire's sake, persevering always in due resolve of fealty. 


[32.1] Since those established throughout the world under protection of the Roman empire shall all continue in their existence and shall not be permitted to suffer a defect in their rights, it is right that we always safeguard those with a certain more special grace and strengthen their possessions, who are directly subject to the empire and are especially assigned to our service. 


[32.1] <...> 

[33.2] After a general or special preamble you may begin to narrate, distinguishing offices, proper names and names of places. 

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260 For this phrase, cf. Aulus Gellius 1.4.4 (agmen orationis); Tertullian De oratione PL 1.1149, CSEL 20.201 (non agmine verborum adeundum...ad Dominum); Chalcidius Timaeus latinus transl. 19 (verborum agmine atque inundatione), 51 (verborum agmen <Plato: menos> addendum).

261 A play on the incipit to Justinian's Institutiones: Imperatoriam maiestatem non solum armis decoratam, set etiam legibus oportet esse armatam.

262 Although here and above, Oliva 6.5, speaks of comites, hereafter only comites palatinos are found (Oliva 34.12, 34.13, 34.16, 54.3-5, 55.2) with the exception of a model charter at 34.5. On the title comes palatinus, see Epistola mandativa ad comites palatinos §9, on the comital title in general §11-§12.

263 For the Reichsfürsten as membra imperii, see THEODOR MAYER Fürsten und Staat. Studien zur Verfassungsgeschichte des deutschen Mittelalters (1950) 219ff., 231 ff.

264 Charters granted to the Camaldolese by Frederick Barbarossa: DF.I.90, 409, 426, 427, 913, *1145; by Henry VI: BB 20, 33, 176, (= Arengenverzeichnis nos. 2250, 207, 2490); deperdita: BB 34, 48, 87, 655, 712. --- For Boncompagno's relation with the Camaldolese order, see above Oliva 7.28.

265 Charters granted to the Vallumbrosians by Frederick Barbarossa: DF.I.225, 245, 715, *925, *1248; by Henry VI: BB 15, 46, 47, 131, 132, 133, 312, 359, (= Arengenverzeichnis nos. 484, 295, 484, 394, 2581, 995, 467); deperdita: BB 630, 656, 664 . See also BB 130 and 184. --- A Vallombrosian abbey (S. Salvatoris de Settimo) was located only two kilometers from Signa, Boncompagno's birthplace.

266 Charters granted to the Johanniters by Frederick Barbarossa: DDF.I.228, 923; by Henry VI: BB 383 (= Arengenverzeichnis no. 379); deperdita: BB 708. --- For the hospitallers Cruciferorum, which had an important house outside of Bologna, see DF.I.641, BB 56 (Arengenverzeichnis no. 2248), 671 dep., IP 5.284-9, FICKER FRRI 4.346-8.

267 Charters granted to the Templars by Frederick Barbarossa: DF.I.887; by Henry VI: BB 433 (fragm.), 584 (frag.); deperdita: 678. --- For imperial relations with the Templars and Johanniters in the thirteenth century, see HARTWIG CLEVE "Kaiser Friedrich II und die Ritterorden" DA 49 (1993) 39-73.

268 So far as one can judge by using the index of the Arengenverzeichnis zu den Königs- und Kaiserurdunden von den Merowingern bis Heinrich VI. edd. FRIEDRICH HAUSMANN and ALFRED GAWLIK (Munich 1987), by the end of the twelfth century only one imperial preamble had been specifically written for nuns (DF.I.830). However, Boncompagnus 4.4.16 presents a petition sent by some nuns to the emperor, asking that he renew their privilege.

© Steven M. Wight, Los Angeles 1998

Scrineum © Università di Pavia 1999