he shall be warned once, twice, and thrice, through faithful envoys, to amend; and if he refuse them, being summoned by one brother before the other he shall be admonished and punished with fraternal and paternal love. And if he shall altogether spurn this healthful admonition, by the common sentence of all it shall be decreed what is to be done concerning him; so that him whom a healthful admonition could not recall from his wicked ways, the imperial power and the common sentence of all may

coerce.

11. But the rulers of the churches of Francia shall have such power over the possessions of the same, whether in Aquitania or in Italy, or in other regions and provinces subject to this empire, as they had in the time of our father, or are known to have in our own.

12. Whatever of tribute, moreover, and rents and precious metals can be exacted or obtained within their confines, they shall possess; so that from these they may provide for their necessities, and may the better be able to prepare the gifts to be brought to their elder brother.

13. We will, also, that if to any one of them, after our decease, the time for marrying shall come, he shall take a wife with the counsel and consent of his elder brother. This, moreover, we decree shall be guarded against, for the sake of avoiding discords and removing harmful opportunities that any one of them shall presume to take a wife from external nations. But the vassals of all of them, in order that the bonds of peace may be drawn more closely, may take their wives from whatever places they wish.

14. But if any one of them, dying, shall leave lawful children, his power shall not be divided among them; but rather the people, coming together in common, shall elect one of them who shall be pleasing to God; and this one the elder brother shall receive as a brother and a son, and, himself being treated with paternal honour, shall observe this constitution towards him in every way. But in the matter of the other children they shall, with pious love, discuss how they may keep them and give them advice, after the manner of our parents.

15. But if any one of them shall die without lawful

children, his power shall revert to the elder brother. And if he shall happen to have children from concubines, we exhort the elder brother to act mercifully towards them.

16. But if at our death either of them shall happen not yet to be of lawful age according to Ripuarian law, we will that, until he arrive at the established term of years, just as now by us, so by his elder brother, both himself and his kingdom shall be cared for and governed. And when he shall come to be of lawful age, he shall in all things possess his power according to the manner laid down.

17. But to our son, if God will that he be our successor, the kingdom of Italy shall in the aforesaid manner be subject in all things, just as it was subject to our father, and remains subject in the present time to us, by the will of God.

18. We exhort also the devotion of our whole people, and that firmness of a most sincere faith, the fame of which has spread among almost all nations, that if our son, who by the divine will shall succeed to us, shall depart from this life without legitimate heirs, they shall, for the sake of the salvation of all, and the tranquillity of the church and the unity of the empire, follow the conditions that we have made in the matter of his election, and elect one of our sons, if they shall survive their brother; so that in choosing him they shall seek to fulfil, not a human will, but the will of God.

IV.

TREATY AT AIX

BETWEEN LOUIS II. AND CHARLES THE BALD CONCERNING THE DIVISION OF THE KINGDOM OF LOTHAR II. A.D. 870.

(Altmann u. Bernheim, "Ausgewählte Urkunden," p. 16. Berlin, 1891.)

In the year of the Incarnation of our Lord Jesus Christ 870, on the day before the Nones of March, in the 32nd year of the most glorious king Charles, in the palace at

Aix, this agreement was made between him and his brother king Louis.

Count Ingelram on the part of king Charles:

I promise this on the part of my lord, that my lord king Charles consents that his brother, king Louis, shall have such portion of the kingdom of king Lothar, as either they themselves, or their faithful followers among themselves, shall find to be most just and most equable. Neither with regard to that portion nor with regard to the kingdom which he (Louis) before held will he (Charles) deceive or ill-advise him through any fraud or wile, provided that his brother Louis will on his part inviolably observe, as long as he lives, the same steadfastness and fidelity to my lord which I have promised to him on the part of that lord.

Likewise Liutfried on the part of king Louis:

I promise this on the part of my lord, that my lord king Louis consents that his brother, king Charles, shall have such portion of the kingdom of king Lothar, as either they themselves, or their faithful followers among themselves, shall find to be most just or most equable. Neither with regard to that portion nor with regard to the kingdom which he (Charles) before held, will he (Louis) deceive or ill-advise him through any fraud or wile, provided that his brother Charles will on his part inviolably observe, as long as he lives, the same steadfastness and fidelity to my lord which I have promised to him on the part of that lord. In like manner count Theoderic as a third swore to these things on the part of the glorious king Charles, and as a fourth count Ralph on the part of king Louis.

There were present there: archbishop Liutbert, bishop Altfrid, bishop Odo, count Adalelm, count Ingleram, count Liutfried, count Theoderic, likewise a count Adalelm.

V.

DECREE OF THE EMPEROR HENRY IV. CONCERNING A TRUCE OF GOD (1085 A.D.).

(Doeberl, “Monumenta Germaniae Selecta," Bd. 3, p. 49).

Whereas in our times the holy church has been afflicted beyond measure by tribulations through having to join in suffering so many oppressions and dangers, we have so striven to aid it, with God's help, that the peace which we could not make lasting by reason of our sins, we should to some extent make binding by at least exempting certain days. In the year of the Lord's incarnation, 1085, in the 8th indiction, it was decreed by God's mediation, the clergy and people unanimously agreeing: that from the first day of the Advent of our Lord until the end of the day of the Epiphany, and from the beginning of Septua gesima until the 8th day after Pentecost, and throughout that whole day, and on every Thursday, Friday, Saturday, and Sunday, until sunrise on Monday, and on the day of the fast of the four seasons, and on the eve and the day itself of each of the apostles-moreover on every day canonically set apart, or in future to be set apart, for fasting or for celebrating, this decree of peace shall be observed. The purpose of it is that those who travel and those who remain at home may enjoy the greatest possible security, so that no one shall commit murder or arson, robbery or assault, no man shall injure another with a whip or a sword or any kind of weapon, and that no one, no matter on account of what wrong he shall be at feud, shall, from the Advent of our Lord to the 8th day after Epiphany, and from Septuagesima until the 8th day after Pentecost, presume to bear as weapons a shield, sword, or lance-or, in fact, the burden of any armour. Likewise

the other days-namely, on Sundays, Thursdays, Fridays, Saturdays, and on the eve and day of each of the apostles, and on every day canonically fixed, or to be fixed,

for fasting or celebrating,-it is unlawful, except for those going a long distance, to carry arms; and even then under the condition that they injure no one in any way. If, during the space for which the peace has been declared, it shall be necessary for any one to go to another place where that peace is not observed, he may bear arms; provided, nevertheless, that he harm no one unless he is attacked and has to defend himself. Moreover, when he returns, he shall lay aside his weapons again. If it shall happen that a castle is being besieged, the besiegers shall cease from the attack during the days included in the peace, unless they are attacked by the besieged, and are obliged to beat them back.

And lest this statute of peace be violated with impunity by any person, the following sentence was decreed by all present: If a freeman or a noble shall have violated itthat is, if he shall have committed murder, or shall have transgressed it in any other way, he shall, without any payments or any friends being allowed to intervene, be expelled from within his boundaries, and his heirs may take his whole estate; and if he hold a fief, the lord to whom it belongs shall take it. But if, after his expulsion, his heirs shall be found to have given him any aid or support, and shall be convicted of it, the estate shall be taken from them and shall fall to the portion of the king. But if he wish to clear himself of the charges against him, he shall swear with 12 who are equally noble and free. If a slave kill a man he shall be beheaded; if he wound him he shall have his right hand cut off; if he have transgressed in any other way-by striking with his fist, or a stone, or a whip, or any thing else he shall be flogged and shorn. But if the accused (slave) wish to prove his innocence, he shall purge himself by the ordeal of cold water: in such wise, however, that he himself, and no one in his place, be sent to the water. But if, fearing the sentence that has been passed against him, he shall have fled,—he shall be forever under the bann. And wherever he is heard to be, letters shall be sent there announcing that he is under the bann, and that no one may hold intercourse with him. The hands may not be cut off of boys who have not yet completed their 12th year; if boys, then, shall transgress

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