Oliva 36 
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[36.] ON THE CONFIRMATIONS OF THE EMPEROR

[36.1] A.,283 august emperor of the Romans, by the grace of God... 

[36.2] The office of imperial majesty284 receives additional285 grandeur and is adorned with manifold praise when it cherishes and esteems its cities, especially those cities which always excel in the resolve of required fealty. 

[36.3] We do not doubt that Bologna is one of these, which by the nobility of its citizens and by the renown of its university, is known to shine brightly among the cities of Italy.286 All subjects of the empire shall know that we have taken this city and its citizens under the protection and mundiburdium of the Roman empire, giving to it as a sign of imperial grace the whole diocese which now <stands> in the place of the county. 

[36.4] However, we except from this grant the castle vernacularly called Medicina, with all its appurtenances, known to pertain directly to imperial jurisdiction.

[36.5] In the aforesaid diocese, they shall be allowed to receive fodrum, albergariam and taxes, except from churches and hospitals which we wish to remain free from all exactions.

[36.6] We grant them the power of hanging thieves, beheading murderers, punishing all manner of transgressors, hearing legal trials and issuing sentences on civil and criminal cases, according to that which the order of judgment will demand.

[36.7] We grant them free discretionary power to coin money in silver and gold, or from pure silver, or even from the purest gold, should there be majority or unanimous agreement. 

[36.8] We confirm to them all possessions, in lands wet and wooded, cultivated and uncultivated, fruitbearing and barren, which they possess or which their predecessors have anywhere possessed. 

[36.9] We bestow on them the authority to collect tolls anywhere in their diocese, as they see fit, and to construct an aqueduct or a navigable canal from the foot of the mountains to the mouth of the Po, or to its marshlands. 

[36.10] We shall extract no tax or revenue from them for all these aforesaid gifts of ours, except that they should especially cherish and honor the scholars who flock to this city from diverse parts of the world, and they should fervently strive to maintain the rights of these scholars.287 

[36.11] We decree that all these enactments must be inviolably preserved, and must remain in all their strength, reserving in all things the imperial justice.

[36.12] We therefore order that no one from our court, prince, cleric or layman, nor any other person established within the Roman empire should presume to violate or diminish anything from these grants.

[36.13] But if anyone should contumaciously attempt to do so, let him shall suffer imperial bann and pay as composition one hundred pounds of pure gold to our treasury, and the same amount to designated Bolognese citizens. 

[36.14] So that it may remain valid and unchallenged forever, we strengthen this charter with the muniment of our seal.



283 For an explanation of this initial, see above, Oliva 19.2-4.

284 For analysis of this charter, see STEVEN M. WIGHT "A Model Imperial Charter for the Commune of Bologna" (paper delivered at the 1988 meeting of the Medieval Association of the Pacific, abstract in Chronica 1990).

285 For the nuances of this word 'incrementum', see Liber de obsidione Ancone (ZIMOLO ed. 55.1-2) and Boncompagnus 1.13.1, 3.1.2, 4.1.4, 4.1.6, 5.22.1, 6.6.1.

286 See Liber de obsidione Ancone (ZIMOLO ed. 52.11-14, 53.17-54.4).

287 An obvious reference to the most famous imperial privilege with application to Bologna, DF.I.243 (authentica Habita). For the most recent study: KURT ZEILLINGER "Das erste Roncaglische Lehengesetz Friedrich Barbarossas, das Scholarenprivileg (authentica Habita) und Gottfried von Viterbo" RHM 26 (1984) 191-217.


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© Steven M. Wight, Los Angeles 1998

Scrineum © Universitą di Pavia 1999