Oliva 34 
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[34.1] The signs of the narrations are or can be 'Thence' or 'Whence' or 'Accordingly', or 'It should be known to all the faithful of the empire' for laymen; for churches and religious places 'It should be known to all the faithful of Christ and of the empire' or 'Wherefore the industry of all the faithful of Christ and of the empire knows'.269 

[34.2] When 'Thence it is' or 'Whence it is' or 'Accordingly'270 is placed, the dictator proceeds or should proceed as follows:

[34.3] Thence it is, O illustrious king,271 that we admit your requests with the consideration they deserve, and by our free will we confirm to you the kingdom of Hungary, decreeing that you possess by royal right everything your predecessors have obtained from ours through privileges.

[34.4] And, so that all should remain more steadfast by imperial strength, we cause to be stated in precise words the private and common rights of your kingdom and its provinces, duchies, and counties.

[34.5] Thus we bestow on you a crown272 and the customary coronation, royal lauds273 to be sung before you, scarlet greaves, all regalia, scepters,274 the right to install and to depose princes, dukes, marquises, counts, noblemen and all power of the sword that kings are accustomed to have.

[34.6] We confirm to you the provinces of your kingdom, namely: Pannonia, Dalmatia, Croatia, Stiermark, Istria, the march of Slavonia, the duchy of Estergom and the county of Dubrovnik and Zadar.275 

[34.7] We give you the power to make gold and silver coinage, to bestow jurisdiction, and to act for whomever you please in your kingdom.

[34.8] Desiring that all these things should remain in firm stability, we ordain that it should be wholly illegal for anyone to molest you in any way concerning this royal right, yet reserving the absolute right of the Roman empire.

[34.9] But if anyone shall presume to act against this, he shall be subject to imperial bann and he must pay one thousand pounds of the purest gold, half to our treasury and the other half to your court.

[34.10] So that all shall remain firm and undisturbed, we append the imperial seal with our sign and subscription, providing witnesses, whose names are these. 

[34.11] The emperor's sign is formed and circumscribed as follows: <...> 

[34.12] Then subscribe or should subscribe kings who are temporarily at court, afterwards patriarchs, archbishops, and bishops, and finally dukes, margraves and palatine counts.

[34.13] A form can be drawn from all the above for dictating privileges which the emperor makes for kings, patriarchs, archbishops, bishops, dukes, palatine counts, margraves, noblemen, cities, castles, burgs and villages, provided that those things be competently varied which should be varied. 

[34.14] By means of a certain imaginary descent, kings and all secular princes who may licitly make privileges can draw a form for dictating privileges they grant to their inferiors.

[34.15] Indeed, subtlety of dictating consists entirely in change and variation.

[34.16] One should known that kings, princes, dukes, margraves and palatine counts customarily make privileges, but none lesser than these.

[34.17] Know also that neither a king nor any lesser person should say 'in perpetuity' in his privileges, because the emperor does not say 'in perpetuity'.276 For just as patriarchs, archbishops, and bishops should imitate the pope in composing titles of privileges, so secular princes should imitate the emperor.

[34.18] When the emperor privileges monasteries, canons regular and other churches, he begins after the preamble as follows: 'Thus let it be known to all Christians and imperial subjects'. Or 'Therefore', which is frequently used in imperial privileges as a sign of narration. And the emperor arranges or ought to arrange <a privilege for a monastery> as follows:277 

[34.19] Therefore, let the industry of all loyal followers of Christ and of the empire know, that we have received the Chiaravalle abbey and all its dependent abbeys under the protection and mundiburdium of the imperial office, ordaining that any possessions or rights of possession they rationally have possessed or now possess or which they can in the future legitimately attain, Lord willing, through the largess of emperors, the grants of kings or of any other secular princes, or through the gifts of other subjects, shall stand confirmed and strengthened by our imperial authority to the aforesaid church and its dependents and to the brothers serving God in these churches.

[34.20] In order that they may possess all these things in complete peace and quiet, without anyone's opposition, we bring forth some things to be named in precise words. We confirm to them the forest in which the aforesaid abbey is located, and all places in which the foundations of its dependencies are situated, along with all houses, buildings, lands, vineyards, mills, waters, marshlands, fisheries, cultivated and fallow fields, and all things which they reasonably possess or have possessed.

[34.21] We also wish the abbey to be free from all demands of secular princes, so that it shall not be lawful for anyone to extort from it any sort of fodrum or albergiam.

[34.22] In addition, we order that dependencies of Chiaravalle established in the Italian kingdom shall be free from the oppressions of the cities, so that it shall not be lawful for a podesta, consuls, or any private or communal persons to force them to pay anything for the sake of fortifying a city, building a castle, or receiving an imperial messenger or other messenger who is sent for the empire, reserving in all things the imperial sovereignty. 

[34.23] Whoever seeks asylum at the above-mentioned abbey or at its dependencies, or within their precincts, shall stand protected and may be seized by no person, unless perchance he has committed the crime of treason, or has been proscribed on account of forgery or theft.278 

[34.24] We also command that no imperial subject, whether cleric or lay, shall presume to infringe or diminish any of these rights. But if anyone presumes to contravene our statutes, he shall be subject to imperial bann, and must pay a penalty of 100 gold pounds, half to our treasury and the other half to the aforesaid church or to its dependencies.

[34.25] And so that all shall remain valid and undisturbed etc., just as is contained above, with a sign and subscriptions. 

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269 The publicationes of Barbarossa's diplomas show that this precept was not followed by chancery notaries. There are charters for lay recipients which mention Christ or the church in the publicatio, and charters for ecclesiastical recipients which do not. On the Diktat of Staufer publicationes, see now DDF.I 5.111-112 with literature cited there in notes 45-49 and PETER CSENDES Die Kanzlei Kaiser Heinrichs VI (Vienna 1981) 139,.

270 The signs of narration are also treated above, Oliva 8b.1, 8b.6, 18.1, 18.2 and in Notule auree 10.

271 Quinque tabule salutationum 3.16: Et nota quod licet hoc nomina, scilicet 'glorissimus, invictissimus' possunt largo modo dici tam pro imperatoribus quam pro regibus tam 'serenissimus' et 'invictissimus' tamen ad imperatorem debet proprie pertinere. Cf. Johannes Bassianus Libellus de ordine iudiciarum (BIMAE 3.211-248 at 213), who divides the ranks of ordinary judges into illustres, spectabiles, clarissimi.

272 On 5 May 1203 (Po. 1896, PL 215.56) Innocent III confirmed right of Hungarian regal coronation to archbishop Iohannes of Estergom (Gran), the primate of Hungary. See JOSEF DEéR Die heilige Krone Ungarns (Vienna 1966) 194.

273 Cf. ERNST KANTOROWICZ Laudes Regiae. A Study in liturgical acclamations and Medieval Ruler Worship (Berkeley 1958).

274 JOHANNES FRIED "Der Regalienbegriff im 11. und 12. Jahrhundert" DA 29 (1973) 450-528.

275 Zadar. See above, Oliva 18.4.

276 For discussion of the perpetuity formula, see I. HAJNAL L'enseignement de l'écriture aux universités médiévales (Budapest 1959) 206; PETER RüCK Die Urkunden der Bischöfe von Basel bis 1213 Quellen und Forschungen zur Basler Geschichte 1 (Basel 1966) 249-251. See above, Oliva 7.6, 19.9-12, below 35.7.

277 This following model might be intended as an imperial pancarta for all Italian daughter houses of Clairvaux or it may be meant specifically for one of these, such as for S. Maria di Chiaravalle at Fiastre, whose abbot Ruggero is addressed above, Oliva 7.2. Charters granted to Cistercian foundations in Italy by Frederick Barbarossa: DDF.I. 101, 254, *460, 461, 633, 929, 931, 940, *1105, *1193; by Henry VI: BB 36 (S. Peter Ceredo, filial of Clairvaux), 43 (S. Maria Rivalta Scrivia, La Ferte), 141 [and 554] (San Galgano, filial of Clairvaux), 177 (S. Maria Colomba, filial of Clairvaux), 377 (S. Johannes Casamari, filial of Clairvaux), 379 (S. Johannes Fiore), 402 (S. Maria Roccamatore), 407 (S. Stefano del Bosco), 423 (S. Maria Corazzo), 445 (S. Maria Fontevivo), 451 (S. Maria Morimondo, Mor.), 452 (S. Maria Casanova, La Ferte), 459 (S. Maria Acquafredda, Mor.),(= Arengenverzeichnis nos. 1939, 1164, 191, [and 1115], 81, 38, 239, 380 [and 1134,] 382, 944, 1134, 209,-, 365, 204); deperdita: 676 (privilege for S. Maria Fiastra, filial of Clairvaux, NU BF 381, ed. Italia Sacra 1.553), 705-707, 716 (S. Maria Novara di Sicilia). The mother cloister of S. Peter Ceredo and S. Maria Fiastra is Chiaravalle.

278 Other instances of proscription in the opera Boncompagni: Palma 45.4, Mirra 4, Boncompagnus prol. 3.10, 1.14.2, 3.19.20, 6.10.18.

© Steven M. Wight, Los Angeles 1998

Scrineum © Università di Pavia 1999