The Assizes of King Roger
Text of Cod. Vat. Lat. 8782.
It is right and proper, barons, that we should
not be presumptuous either concerning ourselves or about the condition and
deserts of our whole kingdom, and that if we have received anything from the
generosity which has resulted from Divine grace, then we should repay these
Divine benefits through which we have our strength with humble service, lest we
be entirely ungrateful for such great favor. If then holy God has through His
mercy laid our enemies low and restored peace, and if He has made our kingdom
whole once again by means of His most gracious tranquillity, both in matters
fleshly and spiritual, we are compelled to renew the paths of both justice and
piety, when we see that this has become miserably crooked. This very thing which
is called inspiration we have received by a gift from the Giver himself, when he
says: 'By me kings reign, and legislators decree justice' [Proverbs
viii, 15]. For we consider that nothing is more pleasing to God than if we
straightforwardly offer Him that which we have learnt Him to be, namely mercy
and justice. In this oblation the office of kingship claims for itself a certain
privilege of priesthood; from this a certain wise man skilled in the law calls
the interpreters of the law priests. Therefore we who through His grace possess
the authority of justice and law ought in part to improve them and in part
redraft them, and those of us who have secured mercy should in all matters
handle them more mercifully and interpret them in a more kindly way, especially
where their severity contains a degree of inhumanity. And we do not claim this
on the basis of pride as if we were more just or more moderate than our
predecessors in the establishment or interpretation of laws through our
vigilance, but because we have erred in many things and because we are more
inclined to err, we take the view that it is appropriate that those who do wrong
should be spared in keeping with the moderation that is appropriate to our
times. For the Holy One himself has instructed us as follows, saying:
'Be ye also merciful as your Father also is merciful' [Luke
vi, 36], and the King and Prophet says: 'All the paths of the Lord are mercy and
truth'
[Psalm xxv. 10], and without doubt we
shall take the view that the man who has given judgement without mercy shall
receive judgement without mercy. We
therefore desire and order that you should faithfully and enthusiastically
receive the provisions which we make public in the present code whether they
have been promulgated by us or [simply] re-enacted.
We order that the laws newly promulgated by
our majesty, mitigating through piety excessive harshness and thus encouraging
benevolent rule, and elucidating what is obscure, should be fully observed by
all. Because of the variety of different people subject to our rule, the usages,
customs and laws which have existed among them up to now are not abrogated
unless what is observed in them is clearly in contradiction to our edicts here.
Let all those subject to our power know that
it shall always be our intention to protect, defend and augment in every way the
churches of God, for which the Lord Jesus Christ, shed his blood, as our
predecessors were at pains to do,
with their traditional generosity.
As a result many and uncountable benefits have always been granted by God to
their advantage. Thus we shall defend and guard inviolate all the property and
possessions of the holy churches which have been entrusted to our custody, after
that of God and the saints, with the temporal sword which has been granted to us
by God. We commend this to [our]
princes, counts barons and all our faithful subjects, who should know that
whomsoever should attempt to violate our decree shall incur the wrath of our
majesty.
We advise princes, counts, greater and lesser
barons, archbishops, bishops, abbots, and all those who have subject to them
citizens, burgesses, peasants and men of any sort that they should treat them
decently and show themselves merciful, particularly when collecting the tax [adiutorium]
owed, they should demand this in moderation, for [by doing this] they render
thanks to God and great joy to us, under whose power and rule Divine providence
has subjected both prelate and subject.
If this should be neglected, it will be examined by our solicitude with a
view to reforming for the better what has been done ill.
We desire that our princes, counts, all
barons, archbishops, bishops, and abbots should know that whoever holds any
property great our small from our regalia can in no way and by no
ingenuity alienate, grant or sell, or diminish in whole or in part anything
belonging to our regalia in such a way that our regalian rights are diminished
or abolished or suffer any injury.
V
About the
We permit no one to sell or barter relics of
martyrs or of any other saint. If anyone shall presume to do this, and the price
has not yet been fixed, then nothing shall follow, if the vendor wishes to agree
with the purchaser; if however money has been paid restitution shall not be made
to the purchaser, who is to hand [them] over to the fisc.
It shall be the concern of our providence to punish anyone daring to
infringe this, and, with the advice of the bishops, to place the relics where it
shall be most suitable.
We order by the present law, which shall, God willing, remain in force in perpetuity, that in all parts of our kingdom nobody in flight of whatsoever condition shall be expelled or dragged out of the most holy churches, nor shall anyone because of them exact from the venerable bishops or yconomi that which is owed by them. Anyone who shall endeavor or do this shall be face capital punishment or the loss of all their property. Meanwhile food shall not be denied to the fugitives. However if a serf or colonus or serf of the glebe shall have fled from his lord or shall have fled with stolen property to holy places, he shall be returned to the lord with the property which he has taken, that he may be punished according to the nature of the crime which he has committed, or, if intercession has occurred, restitution shall occur piously and freely. No one shall have his right taken away from him.
VII
About Not Violating the Privileges of Churches
Whosoever shall dare to violate the privileges
of holy church shall, once the offence is removed, pay compensation according to
the harm done to the church; if he shall not be able to pay the fine to which he
is condemned the matter shall be committed to the judgement of the king or the
arbitration of his officials.
Nevertheless he shall be subject to the providence of the king and the
arbitration of his officials about the scale of the offence.
The bishops shall not be compelled to give
testimony unless however in ecclesiastical or state cases, when authorised by
necessity or royal authority.
Priests shall not be compelled to make
corporal oath in [secular] matters. We order that deacons, subdeacons and below
placed as ministers to the holy altar shall be strangers to vile restrictions,
and we quite prohibit that priests, though not the others, be subject to
personal servile dues [angaria].
IX
Concerning Illicit Conventicles
We forbid illicit conventicles to be
celebrated outside a church in private houses; under threat of the immediate
demolition of the house if its lord has knowingly received clerics in it who
celebrate new and unruly conventicles.
X
About Serfs Wishing to Become Clerics
No bishop should presume to ordain serfs [adscriptitii]
without the desire and assent of the persons to whose right and power they are
subject, nor [somebody] from
another diocese [parrochia]
with letters of commendation either from a bishops or from their own chapter,
following the institutes of the canons.
If those with whom they are enrolled [as
serfs] should be convicted of having received any reward for having given
permission for their ordination, they will lose the right of adscription and the
one who has given the money shall be degraded from his orders and sold with all
his property on behalf of the fisc.
It so happens that on sacred occasions
wickedness obstructs sacred desires and disturbs the service of God and the
ministry of the church. But no evil should be allowed to hinder or laws at any
time. If, for example, there shall have been priests assigned to a church in the
country or in a village, and after their deaths others must be substituted, and
the lords of the country place or village refuse to allow the bishop to make a
substitution from among the serfs, especially when the bishop is looking for a
suitable person from among these serfs; it appears worthy and most just to our
clemency that on the just petition of the church the lord of the serfs should be
corrected by the law. But the sons of a deceased priest should be returned to
the condition of serfs, without any appeal.
If anyone presumes to rape holy virgins veiled
by God, even for the purpose of marriage, he shall suffer capital punishment, or
other penalty which royal censure shall decree.
No Jew or pagan shall dare either to buy or
sell Christian servants, or to possess them by any title [whatsoever], or to
hold them as a pledge. If he should presume to do this all his property will be
confiscated to the fisc, and he shall become the servant of the Court.
If he should by some wicked trick or persuasion have the servant
circumcised or make him deny his faith, then he shall be punished by capital
penalty.
We curse thoroughly those who apostatise from
the Catholic faith. We pursue them with vengeance. We despoil them of all their
goods. We withdraw the protection of our laws from those who break a promise or
vow, we abolish their right of inheritance and cancel their every legitimate
right.
Players and those who make jokes by bodily
writhing shall not use in public either the habits of virgins dedicated to God
or monastic or clerical vestments. If they should do so they shall be publicly
flogged.
Through considerations of piety many
privileges are confirmed by ancient laws to wards and orphans which through
passage of time have fallen into disuse. We entrust and favorably commend [these
laws] to our judges since their abandonment is intolerable.
In addition we settle the equity of the laws
on women, who are not less disadvantaged by the fragility of their sex. We order
that they should be aided from the depths of piety both by us and by our
officials, as is right and proper,
No one should dare to seek the dignity of the
priesthood by paying money, and they should receive disgrace and punishment [in
recompense] for the price paid as soon as this [crime] is by their own action
detected. For he who seeks this honor by such an importunate and impudent manner
should be deprived of it.
XVII
About Those Who Commit Sacrilege
There should be no dispute about the
judgement, plans, decrees or deeds of the king, for to dispute his judgements,
decrees, deeds and plans, or if he whom he has chosen or appointed is worthy, is
comparable to sacrilege.
Many laws have punished sacrilege most
severely, but the penalty must be moderated by the decision of the one who is
judging, unless perhaps the temples of God have been openly and violently
despoiled, or gifts and sacred vessels have been stolen at night, for in that
case the crime is capital.
XVIII
About the Crime of Treason
Whosoever should start a plot, whether with
one knight or with many, or on his own, or should give an undertaking or oath to
a plot, that plans and prepares the murder of one of the illustrious men who are
among our councillors and advisors - they have by their wish to commit evil
chosen for themselves severe legal punishment. The culprit should be struck down
by the sword as guilty of treason and all their property should be confiscated
by the state. Their sons should
indeed receive no benefit whether by our generosity or by legal right. Let death
be a blessing to them and life a punishment. If however anyone shall have
denounced what has been done by the conspirators without delay, he shall
promptly receive pardon and grace.
The crime of treason also encompasses those
who discuss and attack the reputation of the king after his death, so that
anyone who should do or be a party to this will from that day on be treated as a
criminal and have no protection, but everything that they have shall be sold
according to the laws of the fisc.
He who shall purge a relative of a crime
deserves succession to them.
All those by whose advice hostages escape,
citizens are armed, plots are fomented, tumults excited, magistrates killed, men
desert from the army or flee from the enemy, allies are betrayed, military
formations are cloven asunder by wicked tricks, battles lost, fortresses
abandoned, help denied to allies, and other things of this type [done], shall be
considered guilty of this crime, as will he who spy on, corrupt or publish the
king's counsels, as well as he who knowingly gives shelter and renders
assistance to the enemies of the kingdom.
XIX
About New Knighthood
Consenting to divine justice, we approve what
must be approved and reject the contrary. For just as the good must not be
exasperated so the evil should not be benefited. Therefore we order and propose
this edict, that if someone should seize new knighthood contrary to the
happiness, peace and integrity or our kingdom, will lose completely the name and
profession of knight, unless perhaps he is descended from the stock of a
knightly family. We order the same about those who receive the order of any
profession, as for example if they obtain the authority of a judge or the office
of a notary, or others similar.
A person who alters royal letters or seals
what he has written with a spurious seal should suffer capital punishment.
We impose capital punishment on and confiscate
the property of those coining adulterine money or knowingly receiving it; we
inflict this penalty [also] on those conspiring [in this].
We deprive those who shave gold or silver
coins, dye them, or in anyway diminish them of their property and their lives.
Where a case of forgery occurs, diligent
inquiry shall follow promptly, with proofs, witnesses, comparison of scripts and
other indications of the truth; not only shall the accuser be examined for
proofs, but the judge shall be the arbiter between both parties, that when all
the evidence finally agrees he shall impose sentence, When proved, capital
punishment shall follow, if a punishment of that magnitude is merited, or
another penalty depending on the seriousness of the offence.
XXIII
About a Forged Document
Whoever uses a false document unwittingly
shall not be punished for the crime of forgery.
Whoever furnishes a falsehood with witnesses
should be punished with the penalty for forgery.
XXIV
About the Concealment of Wills
Someone who removes, conceals, destroys or
alters wills and public instruments shall be subject to the same penalty.
If anyone destroys his father's will, in order
to succeed as though to one [who died] intestate, shall be deprived of the
inheritance from his father.
The status of the person aggravates or
diminishes the punishment for fraud. Officials of the state or judges who have,
during their period in office, stolen public revenues
[are guilty of] the grave crime of embezzlement and shall be punished
capitally, unless royal piety spares them.
XXVI
About Public Properties
Anybody who has allowed public property to be
lost or diminished through his own negligence should be considered guilty and
liable through his own person and property, at the discretion of royal piety.
Anybody who knowingly gives assent to what has
been done shall be liable to the same legal penalty.
XXVII
About the Legitimate Celebration of Marriages
Since it belongs to the care and solicitude of
the kingdom to draft laws, govern the people, instruct them in morals, extirpate
evil customs, it seems right and equitable to our clemency to rescind by the
sterness of our edict a certain evil custom which, as though some damage or
pestilence, has for a long time and up to the present crept into use by part of
our people, to prevent burgeoning vices spreading to the rest. For it is
contrary to custom, inconsistent with what is laid down by the holy canons, and
unheard of to Christian ears to desire to contract matrimony, to procreate
legitimate progeny and bind oneself indissolubly to a consort, unless seeking
the favor and grace of God in these matters of marriage and 'concerning Christ
and the Church’ as the Apostle says' [Ephesians
v. 32], by confirming the sacrament through the priestly ministry. Thus we
decree by the present law, which (God willing) shall last in perpetuity, that it
is necessary for all those wishing to contract a legitimate marriage to have the
marriage solemnly celebrated after the betrothal and each for his own measure
and comfort to take the path to a church and priestly blessing.
After the examination he shall place a ring of
price and they shall submit to priestly prayer, if they wish to bequeath
succession [to their property] to their future heirs.
Otherwise they should know that they are acting against our royal precept
and would have no legitimate heirs either by will or by intestacy from those
born to an illicit marriage contrary to our law; the women would have no right
to the dowers proper for those legitimately married. We relax the rigor of this
law to all those who have already contracted marriage at the time of its
promulgation. We also relax the
chain of this necessity for widows desiring to [re] marry.
Moved by the piety to which we owe our whole
being, we decree by the present general law that whenever a charge of adultery
or fornication is put before those who, through our foresight and enactment,
control our laws, they should pay no attention to status, but should
clear-sightedly note the conditions and ages, and investigate the state of mind
[of the parties] to establish whether [it was] of set purpose or from advice
received or because of the perils of youth that they have rushed into the act,
or whether they are fallen women; [to establish] whether the womens’ financial
means are weak or strong, and whether they have been motivated by wilfulness or
by a particularly unhappy marriage; in order that, once all these factors have
been investigated, proven and clarified, either a more lenient or a more severe
sentence may be passed on the crimes committed, not on the basis of the severity
of the law but on that of the balance of fairness. For, if we proceed in this
way, justice will tally perfectly with divine justice; nor will we be departing
from that divine verdict, ‘with what measure ye mete, it shall be measured to
you once again'. [Matthew
vii. 1]
The harshness of the laws has been softened so
that she shall not, as once, be struck down by the sword but that the property
belonging to her shall be subject to confiscation, if she shall have no
legitimate children from this marriage or another. For it is most unjust that
those who were born at a time when the law of the marriage was legally preserved
should be defrauded of their inheritance. And she should certainly not be handed
over to her husband whose anger would imperil her life, but rather the
punishment for the violation of a marriage should be slitting of her nose, which
[punishment] has been most sternly and cruelly introduced.
However neither her husband nor her relations should be permitted to harm
her further. If her husband is
unwilling that such a penalty be inflicted on her, we will not allow a crime of
this sort to go unpunished, and we order her to be publicly flogged.
Whoever allows his wife to be wanton with
debauched men while he looks on or by his arrangement cannot easily accuse her
in court, since he who consents to what he could forbid opens the way to fraud.
We shall not condemn everyone who has a
suspect wife as a pimp; for who rightfully disturbs the peace of another's
marriage? But if we learn clearly that someone has a lascivious wife, we shall
immediately from this time hold her worthy of strict punishment, and we condemn
him to the penalty of infamy.
Known prostitutes shall not be though worthy
to observe these laws and shall stand absolutely immune from the judicial
punishments for adultery and fornication.
XXIX
About the Same Issue
A woman who has frequently exhibited her body
for sale and revealed herself publicly as a prostitute is freed from accusation
of this crime [i.e. of adultery],
however [while] we prohibit violence to be done to her, we forbid her to dwell
among women of good reputation.
An adulterer and an adulteress cannot be
charged together. Each should be charged separately and the outcome of the
matter awaited; for if the adulterer is able to clear himself, the woman is free
and need make no further defence. If however he shall be found guilty then let
the woman in turn be accused.
The law does not make a choice of who should
be first tried, but if both are present then the man shall be tried first.
Divorce [repudium] must always be
permitted in this accusation, and neither violence nor detention should be
employed.
We decree by the present law that that madams,
namely those who solicit the chastity of another, which is the worst type of
crime, should be punished as adulteresses.
We punish mothers who prostitute their virgin
daughters and abandon the bonds of marriage as madams, thus their noses should
be slit. For it is cruel and inhuman for them to sell the chastity of their own
offspring. But if a daughter prostitutes herself and the mother only consents,
the matter shall be left to the decision of the judge,
XXXI
About the Violation of Marriage
If our royal majesty's providence refuses in
any way to permit one of our barons to invade the castrum of another
within the bounds of our kingdom, or to plunder it, to make an armed attack on
it or to take anything from it by fraud, to prevent him by this act depriving
him of its property; then by how much more do we hold him punishable if he
should presume to violate the marriage of a fellow and neighbor? It seems that
the law must not tolerate this. Therefore we decree that if anyone shall be
accused to us of such a deed, and it be clearly proved, they shall be deprived
of all their property.
If a husband catches his wife in the very act
of adultery, then he shall be allowed to kill both the wife and the adulterer,
provided that it is done without any further delay.
The legal penalty for pimping binds a husband
who shall seize his wife caught in the act of adultery but has allowed the
adulterer to get away, unless however the latter escaped through no fault of his
own.
He who receives back his wife after the crime
of adultery has been proved seems to have abandoned the accusation, and thus
cannot raise any further charge.
What is fully in agreement with law and reason
is indeed welcome to all, and what is not agreeable to all on grounds of equity
is manifestly unpleasing. For it is not to be wondered at if, when something
which God has most carefully and properly placed in man is negligently and
contemptuously held in no account by wrong judgement, the wise man and lover of
honesty is rightly indignant. For is it any more absurd that a stricken mare be
compensated when its tail is cut off, and when a most respectable man be
deprived of his beard? Therefore on the suggestion and plea of the subject
people of our kingdom, and realising the defects of its laws, we pronounce this
law and edict, that if any ordinary person be deliberately and intentionally
deprived of their beard, then those convicted of having done this shall have the
following penalty imposed, namely a fine of six golden royal solidi. If
however this was done in a fight, without being planned beforehand, then they
shall be fined three solidi.
Judges should most diligently observe that
they consider the dignity of curiales in any case of injury; and that
they impose sentence according to the quality of the persons, both of those who
were injured and of those who inflicted the injury, and where and when such a
rash act was committed. They shall impose sentence according to the quality of
the persons; for strictly speaking injury was done by them not to the persons
themselves, but in fact should be seen as an offence to the royal dignity.
XXXVI
About Those Wishing to Become Physicians
Whoever in the future desires to become a
physician should present himself to or officials and judges, for an examination
according to their judgement. But,
if he should rashly take this for granted, let him be consigned to prison and
all his property confiscated. For this had been arranged so that subjects of our
kingdom shall not be put at risk through physicians' inexperience.
Whoever knowingly sells a free man shall be
subject to this legitimate penalty, that the person sold shall be redeemed from
his property and that the criminal himself shall become a slave of our court,
and the rest of his property shall be confiscated.
If the man who has been sold cannot be redeemed, then he should be handed
over as a slave to the victim's parents, and his property awarded to the court.
In any case where the man who has been sold shall return, the criminal shall
become a slave of the court, and his sons born after this case shall be subject
to the court in perpetual slavery.
He who, thinking his life to be in danger,
shall kill an attacker or robber, ought not to fear blame for his action.
XXXIX
About Children and Madmen
If a child or madman shall kill a man without
evil intent, he shall not be held accountable. For the one is excused by reason
of innocence, the other by their unfortunate condition.
He who shall kill a nocturnal thief shall
remain unpunished, if the latter could not be arrested, while the hue and cry
was raised.
XLI
About Arsonists
Whoever sets a house on fire by deceit should
suffer capital punishment as an arsonist.
In criminal matters the intention shall be
taken into consideration, not the result; for there is no difference between
someone who kills and one who seeks to cause death.
XLII
About Those Who Throw Things
Whoever hurls himself down from on high and
kills a man, and whoever incautiously and without shouting a warning hurls a
branch or throws a stone or some other implement and kills a man, shall be
subject to capital penalty.
XLIII
About Poison
Whoever gives, sells or possesses evil or
harmful medicines which affect the mind, or poisons, shall be subject to capital
penalty.
Whoever prepares a love potion or some other
harmful food, even if he harms no one, shall not go unpunished.
XLIV
If a Judge Neglects His Duty
If a judge receives money and then declares
someone guilty of a crime and of death, then he shall be subject to capital
punishment.
If a judge fraudulently and deceitfully hands
down a sentence contrary to the laws, then he shall lost his judicial authority
without hope of recovery, be branded with infamy and all his property shall be
confiscated.