Medieval Sourcebook:
Declaration of the Powers of the Count of Toul over the City of Toul, 1069
Towns, before obtaining their freedom, were under the jurisdiction of a secular or
ecclesiastical overlord. The official appointed by the overlord to rule the town was
sometimes oppressive unless the complaints of the townsmen resulted in a curtailment and
definition of his powers. This was a preliminary step to the obtaining of a charter of
freedom, though such a charter was not necessarily permanent.
In the name of the Father and of the Son and of the Holy Ghost, Odo, by the grace of
God, Bishop of Toul. It is the work of a servant of God to bring to an end discord and
contention between combatants and, by dispensing justice, to ensure peace and concord as
long as God, who is the Supreme Good, is believed to be the True Peace. Therefore let it
be known to all the faithful, both present and future, that in our time there has been a
count of the city of Toul---over which city by God's command we rule---whose name is
Arnulph. For his blameworthy exactions we have thought fit to deprive him of his office,
especially as, by his cupidity, he has greatly oppressed the poor of our diocese.
Therefore we believe it to be a good thing that we should commit to writing the duties of
a count of the city, and have proclaimed such of those duties as we have been able to
discover from the older people of our diocese, who have told us what they believe to be
true with regard to affairs of the church. These people met together and took an oath that
they would speak the truth about the office of count of the city and about the way in
which the office was performed by Raymbald, Raynald, father and son, and Raynold the
younger, who ruled the city with the greatest honor and success, and defended it in the
time of our predecessors of pious memory, Gerard, Stephen, Bertold, Herman, and Pope Leo
of blessed memory surnamed Bruno. We have therefore transferred the office of count to
Arnulph's successor on the condition written below, and all his successors in the future
shall abide by this agreement---that they will no longer oppress the poor in any way and
will abide by the rules written below:
C.2. Just as is done in Gruria, he ought to make a furrow at the right time around
the vineyard on Montbard at a distance of sixty paces as far as the rye-fields. If any
case should occur within the area so marked at the time when the vines are being cared
for, the count shall take a third part of the fine and the bishop two-thirds, according to
the judgment of the reeve and the assessors. His officers ought not to enter the vineyard
except in pursuing a thief. Nor should the count give permission to any one to harvest the
grapes without the consent of the reeve and the city council. After the day of the,harvest
has been declared by the abbots, clergy, reeves, and the city council, the count's
jurisdiction shall not run over Montbard. Nevertheless the abbots of St. Aper and St.
Mansuetus, and the congregation of St. Stephen, St. Gengoul, and St. Anianus ought to
harvest their grapes one or two days before the rest. And, besides, each should give a muid of wine for the count and the reeve. And if the count should not divide it he should lose
the muid of wine.
C.4. And if a stranger should open his bundle to sell salt, the servant of the
count should take a handful of salt. But if a citizen should open his bundle then the
count should have nothing.
C.5. The count should hold three courts a year for his lord in the town. To these
courts the knights, the prebends of the bishop and congregations of St. Aper, St.
Mansuetus, and St. Gengoul, and the prebends of the clergy and of the knights of the
bishop shall not come. And if a case be heard there, the count shall have a third part of
the fine and the bishop two thirds, with the consent of the reeve and assessors. If a
thief be convicted before him and he pay head-tax to any one of this diocese, his value
will be paid to his master, and his body will belong to the count and the bishop; but if
the thief redeem himself, a third of the money will be paid to the count and two thirds to
the bishop; but, if he redeem himself, he will belong to his lord. If the thief be a
foreigner, a third of the fine will belong to the count and two thirds to the bishop; if
he redeem himself, his body will belong to the count and the bishop except his lord pursue
him.
C.6. Foreigners or aliens who reside within the jurisdiction of the count shall
give him four denarii each year at the feast of St. Remigius. And if any one neglect to do
this, let him pay head-tax to the count. Of the fines (for breach of this law) the bishop
shall have two thirds and the count one, according to the judgment of the reeve and
assessors.
C.9. And the reeve and the assessors shall make certain measures without consulting
the count. But if any of them be found to be false, the count shall have a third part of
the proceeds of justice and the bishop two thirds, on the advice of the reeve and
assessors.
C.10. The bishop on the advice of his servants and without consulting the count
will change the money. And if any false money be found, he who is convicted shall give one
third of his fine to the count and two thirds to the bishop.
C.11. The bishop and his reeve will change all the officers of the city, except
the warden of the gate, without consulting the count. The count and the reeve will appoint
the warden of the gate in open
court. If the warden should have to redeem himself, the bishop shall take two-thirds of
the money and the count one third, on the advice of the reeve and his assessors. After the
warden of the gate has been appointed with the approval of the council of the city he
shall not be changed except he be publicly accused of a fault by several of the leading
citizens.
C.12. Within the seven special places of jurisdiction belonging to the bishop the
count may not take free lodging, nor may he accept any duty or service except gifts and
the transport of wine given to him by officials. If they have no wine, let them pay ten
solidi for cartage. And if the officials of the bishop cannot make gifts, they shall give
seven solidi for them. Except for these the count shall have nothing in the seven special
areas of episcopal jurisdiction. But if he take anything more there he will be treating
the poor men of the bishop unjustly.
C.13. If any contention arise between the bishop and the count about things of this
kind which the predecessors of the count have had from ancient times, let them both by
common consent agree to decide the matter by the oath of seven well-accredited men of this
diocese.
C.14. Besides if the count arrest any one of his enemies, or find him within the
area of his jurisdiction, if the man be also an enemy of the bishop, the count may take
him without a writ from the bishop; but if he be not an enemy of the bishop the count may
not take him without the approval of the bishop or of the advocate of the city.
On this condition therefore we have given the office of count to Frederick, who has
been appointed in place of the above-mentioned Arnulph; and he shall take nothing more
from the poor than has been mentioned in these constitutions; and he shall keep the rules
unbroken until he relinquishes his office to his successors who likewise shall observe
them forever. And in order that these customs concerning the office of the count with
regard to the poor of our diocese may remain secure forever, we have left this charter to
remind our successors, and we have given it for confirmation to the undermentioned
witnesses.
And we remind them that the count shall have no service, jurisdiction, or hospitality,
except those freely given to him, on the manors, holdings, or places belonging to the
prebend of the canons; but these things shall be regulated by the free will of the canons,
without any claim to secular authority on the part of the count, ourselves, or our
successors....
Witnesses, etc.
Source:
From: G. Waitz, ed., Deutsche Verfassungsgeschichte, (Kiel: Ernst Homann, 1875),
Appendix 2, reprinted in Roy C. Cave & Herbert H. Coulson, A Source Book for
Medieval Economic History, (Milwaukee: The Bruce Publishing Co., 1936; reprint ed.,
New York: Biblo & Tannen, 1965), pp. 195-199.
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