APPENDIX II

 
I. Judgement by Battle Between Count Ramon IVof Pallars and Theobald for Determing Control of the Castle of Orcau(1088)

 Judgement of the suit which was rendered between Count Ramon and Countess Valencia, and Theobald concerning the castle of Orcau is as follows. If Theobald can prove that the said Count and Countess by their free will and without coercion had issued to him the charter which he presents concerning the control of Orcau and the aforesaid Count and Countess cannot rebut this by a knight and their knight is then defeated, let this aforesaid castle with all its appurtenances be proclaimed to be Theobald’s. If however Theobald’s knight is defeated, then let Theobald similarly proclaim this castle with all its appurtenances to be the Count’s and Countess’s. If however Teobald cannot prove this, then let the said Count and Countess show by the oath of one knight that they had not issued this charter with free will and without coercion. And if Theobald cannot rebut this by one knight and his knight is defeated, let him proclaim the aforesaid castle with its appurtenances to be the Count’s and Countess’s. And if the Count’s knight is defeated, let him and the Countess proclaim this castle with its appurtenances to be Theobald’s. And let this be done without fraud by both parties.

[120]

II. A Violent Reaction to the Judgement Rendered for a Suit Between the Count of Roussillon and the Bishop of Elna

(March 24, 1100)

In the name of the Lord. Let it be known to all those present and future who read or hear this charter that Arnau Guillem de Sals, overcome by an illness from which he died, for the salvation of his soul and those of his parents, made a gift to God and blessed Eulalia and made her heir with a testamentary right of a third of the village of Texneres with its appurtenances and the Church of Saint Genesius with all its freeholds, tithes, first fruits, and offerings. But when Count Guislabert heard this, he bore it ill because he had already seized the aforesaid village in a disgraceful spirit of avariciousness, coming to the Church of Elna, he there complained very much that Bishop-Elect Ermengol wished to take the aforementioned village from him, and he [Guislabert] began a suit against him on a certain day. After many nobles and non-noblemen as well as judges gathered from different regions, although there was manly talk among them and discussion in various ways, nothing was determined. Ramon Guillem of Empuries and Peralta and judge of the region of Roussillon, at the order and request of the aforesaid Count Guislabert, taking the judgement to himself according to the Gothic law, and inviolably, the other judges not having anything against this, ruled that Count Guislabert had no right in all those things which he was claiming to have. Indeed after this judgement was rendered according to law, the aforesaid Count and his son Guirard, not acquiescing at all, invaded the aforesaid village, and burning down houses, cutting down trees, and even wounding men, evilly and unjustly committed many adverse and disgraceful things in the capture of Santa Eulalia de Texneres and in certain other sites of the same region. At length on the counsel of noble and prudent men , the good Count Guislabert and his son, after being rebuked for their injustice and returning to their accustomed piety and receiving seventy solidi from the Bishop-Elect Ermengol for the possessions of Santa Eulalia, returned free and clear everything Arnau Guillem gave in [121] a grant or left in his will to God and Santa Eulalia....But if...any person of any sort should contrive to act against this present proclamation or confirmation, let him gain nothing. But for the mere effrontery, let him make double compensation for all the aforementioned things while this proclamation and confirmation shall remain in force forever. And let the one who attempts this, incur the wrath of God, undergo judgement with Datan and Hebron and let him share the lot of Judas the traitor.

III. Feudal Disputes Between Count Arnau Mir of Pallars and His Liege Vassal(mid-twelfth Century)

 These are the disputes Count Arnau of Pallars has with Ramon de Eril.

           Berenguer de Benevent and his fief were under the protection of the Count and this very Berenguer placed himself under the authority and command of the Count so that he would post a surety for Arnau and Ramon de Eril at the command of the Count. And the Count issued a charter so that none should commit any offense against him and Ramon de Eril captured this shield bearer, held him captive and did 995 golden florins’ damage to him.

           Ramon de Eril holds Fraga for the Count and made a foray there and within the boundaries of Fraga captured 990 sheep from the men of the Count of Pallars and the King, from whom the Count holds Fraga.

           Count Arnau was captured and the King of Navarre was holding him prisoner and the Count placed all his patrimony and vassals under the protection of Ramon de Eril and gave the truce of his own vassals to the vassals of the Count and the Count gave it for his vassals to Ramon’s vassals. And during this truce, they [Ramon’s vassals] did 900 solidi’s worth of damage to the Count and his vassals.

           Pere de Bardet is a vassal of the Count and Ramon de Eril did not want him to be accepted by the Count and put him under constraint and he was made a vassal of Ramon.

           [122] Ramon de Eril is a liege vassal of the Count and the Count and his son sought fief service from him and he did not render it.

           He owes debts to the vassals of the Count and has not paid them.

           In Vallebona and Bonausa, he unjustly confiscated fiefs valued at 990 solidi.

           He sent a guarantor, R. de Valsegne, to the Count so he would not take Aran from him, which he [R. de Valsegne] held as a pledge for 1000 solidi. He took Aran from him and he did not pay the 1000 solidi and the damage to the count is 990 solidi

           He accepted a pledge at Lerida and Agramunt which he did not repay and Ermenguadus, Count of Urgel, gained by judgement from him and the Count that the Count must not restrain him to repay it and that the men of the Count must not dare to go to Lerida or Agramunt.

           Berivizio wounded Pere de Castellnou, liege vassal and nephew of the Count and unjustly killed a certain man of Montanyana named Ros.

           R. de San Saturnino unjustly took twenty mules and asses from Sanc de Lirio.

           The vassals of R. de Eril did damage to men of Val Benasc amounting to 994 solidi.

           The Count had set up and confirmed at Casteglo a fair with Ramon de Eril's counsel, but Ramon set up another fair and forbade his own vassals and others from coming to the [Count's] fair.

           This is the memorandum of those hostages which Ramon de Eril sent to the Count of Pallars for the posting of sureties or judgements: Ponç de Eril is hostage for 2000 solidi; Arnau de Eril is hostage for 2000 solidi; Roger de Eril is hostage for 2000 solidi; Bertran de Eramont is hostage for 1000 solidi and Guillem de Perver the elder is hostage for 1000 solidi.

           Guarantors for pledges for Ramon de Eril were Ponc de Eril, 1000 solidi; Pere de Vilamur, 1000 solidi; Alaman, 1000 solidi; Guillem de Perves, 1000 solidi; Bertran de Eramont, 1000 solidi.

           {An incomplete record of the iuditium between these two parties survives which dealt with [123] the infractions during the peace and truce. Ramon de Eril’s confiscation of property outside Fraga, his illegal activity while the Count was a prisoner in Navarre, and his devastation of B. de Benevent’s land}.

IV. Peace Settlement Between Count Ramon Berenguer IV and Count Ponc Hug I of Ampurias (March 5, 1137)

In the one hundred-and-thirty-seventh year of the Incarnation of the Lord after the millennium, a spontaneous peace and amicable settlement was made between the venerable Count Ramon of Barcelona and Count Ponç Hug of Empuries concerning the very many disputes, offenses, and infractions of the truce and peace and fealty on account of which they often complained to one another. Indeed first the aforesaid Count Ponç agreed to serve faithfully his lord Count Ramon and maintain the charter of agreement and abandonment of claims which his father Count Hug[II] of Empuries made to the church of Gerona and its bishops and canons concerning the fief which the church of Gerona has or ought to have in Castilion and within its boundaries. And he agreed to the same count along with the parishioners of each sex of the church of Castilion that they shall not prevent the provost of the church of Gerona in any way from working, holding, or exchanging these lands whenever and wherever he wishes. Likewise, the aforementioned Count Ponç, with a spontaneous assent and voluntary decision, agreed with him[Ramon] that he would totally destroy, eradicate, and remove settlers from the castle of Charmez. And the aforementioned Count of Barcelona agreed to remove settlers from and to totally destroy the castle of Rocaberti under the aforesaid voluntary decision and spontaneous assent of the Count of Empuries, and that the aforesaid Count Ponç on no occasion or for no reason shall be annoyed with the aforesaid Count of Barcelona because of the destruction of the aforesaid castles. Further that the aforesaid castles shall in no way be rebuilt by the aforesaid Count Ponç or by any counsel or deceit of his without the voluntary permission of the aforementioned Count Ponç. Let there be a secure peace without deceit between Ramon de [124] Peralta and his brother Aimeric and the aforesaid Count Ponç. And let render homage to him[Ponç] and draw out his coinage in Peralta and let them conserve the coinage in Peralta and let this circulate at six dinars for each libra for the fief of the aforesaid Count Ponç Concerning the disputes of the Viscount of Castellnou and the aforementioned Count Ponç, it was decreed that after a pledge was redeemed, the Count of Barcelona shall place such peaceful men [arbiters] there as to make a firm peace between them...Moreover, I the aforesaid Count Ponç agrees to maintain, observe, and fulfill all the things written above under homage and fealty to you Count [Ramon] as my lord and to put an end to all those things by which I harmed you in word or deed; and attend to all this by faith without deceit.

           {There follows a pact by which Ramon Berenguer IV grants castles and revenues held by Ponç Hug I’s father in return for his homage and fealty}.

V: Judgement by Comital Curia Between Ramon Berenguer IV and Galceran De Sals (Mid-Twelfth Century)

 
This is a judgement given legally and customarily concerning charges and defenses made by the lord Count of Barcelona and Galceran de Sals. Therefore, having heard and discussed the cases of both parties, the aforesaid court judged that if the Count could provide by suitable witnesses that Galceran had been derelict in his duty to him in his hosts, cavalcades, and services which the Count had commanded in person or by his messenger and the Count could prove that he summoned the host of Lorca with his barons for the purpose of battle and Galceran knew of this, let Galceran make double compensation to him. But if he could not prove this, let Galceran clear himself through an oath by his own hand that the Count in person or by his messenger did not summon him to this nor did he know that the Count had summoned his barons to it. It secondly judged for all the wrong and damage which Arnau de Sals with Galceran’s vassals [125] committed to Ramon de Vilamuls at the castle of Toraies or in its sanctuary (since the aforesaid Ramon was with their common lord), Galceran should make double compensation to him and amend this dishonor to the ruler with his possessions and an oath taken by a liege vassal of this foray.

           Likewise it judged concerning the wrong which Arnau de Sals committed against a vassal of Santa Eulalia who the Count claimed to be his and then preferred charges concerning it against Arnau de Sals and Galceran, removing from them the right of a vassal since they seemed to have done this for the dishonor of the Count that Galceran shall make compensation twice over for this dishonor to his lord, the Count, and the aforesaid vassal, except that done within his rights. Likewise it judged that if the Count could prove that Arnau de Sals or his vassals removed anything from this estate of the aforesaid vassals and the Count could prove the aforesaid estate to be his, then Galceran shall give back and restore to him twice over anything usurped from this estate and for the unlawful seizure from the Count just as it is contained in the law . Afterwards let it be determined under whose jurisdiction the aforesaid vassal is, whether of the Count’s or Galceran’s, and let each party show this by witnesses or by a charter.

           The court judged that the new fortification which Galceran made at Pol without the permission of the Count be destroyed or allowed to stand according to the Count’s will, as is contained in the customary law. Likewise it is judged that the castle of Cornella after the death of Bernat Joan without legitimate descendant must come under the control of the Count without any implement in accordance with customary law which orders that all freeholds of an exorchia holder shall come under the authority of the prince, except for the rights of the heirs. And it judged that since the Count had postponed litigation to Galceran concerning the aforesaid castle of Cornella before he would turn over to Guillem de Cornella who claimed it was under his jurisdiction, and before Guillem de Cornella would turn over to Ramon Vilamuls [126] his rights in the aforesaid castle with the Count’s counsel and since Galceran did not want to receive justice from the Count for all the wrongs which Galceran and his vassals afterwards committed against the vassals of the Count on this occasion, let him make compensation for the dishonor to the Count and suffer his own dishonor with an oath since just as the offense done through a deprivation of justice must in no way be compensated, thus that which was done for the delay of justice must in no way remain undone so that it may not be compensated. It also judged that the Count shall reimburse Galceran for all expenses and losses which Galceran and his vassals incurred in the service of the Count by the command of the Count and his men as far as Galceran can verify these. It also judged that Bernat de Bestrecan shall make compensation for the wrong which he committed in the benefice of San Miquel de Cuxa and let the abbot of San Miquel distrain according to his power Ramon de Ribes to render justice to the aforesaid Bertran de Bestrecan. It judged that Galceran shall restore to the Abbot and Provost of Comprodon all the tolls and exactions which Arnau de Sals and Galceran’s vassals exacted in the village of Romanio which are not contained in the pact which is in effect between Galceran and San Pere de Comprodon (which Galceran claimed had been approved and confirmed) nor shall any similar exactions be made by Galceran or his vassals. It judged that if the Prior of Santa Maria de Besalú could prove that Galceran, his father or grandfather had given or donated the fief of Dan after Galceran’s father and his grandfather had fixed the aforesaid fief with the aforementioned charter of Santa Maria, let the aforementioned Galceran destroy and remove this pact and let the aforesaid fief of Dan be restored freely and in full ownership to the authority of the prior and canons of Santa Maria de Besalú. But if he fails in this proof according to the terms of this charter, let Galceran or his vassals not have any domination or lordship in the aforesaid fief. And let the knight either leave this fief to the prior or then place it under the prior’s jurisdiction. The court than judged that [127] if the Count could prove that a vassal or vassals of Galceran lessened or shorted the measures of the market of Besalú since it is a shame to the ruler and detriment of the land, those who were arrested shall come under the control of the Count with their property. But if the Count fails in this proof that Galceran acknowledged to his vassals that the aforementioned measures shall be done away with on goods which circulated as is apparent by the decree of the comital suit, let the aforesaid vassals of Galceran clear themselves by oath, judgement of boiling water, or judicial battle that they knowingly had done no fraud or deceit there.