The Usatges of Barcelona :
The Fundamental Law of Catalonia
Donald J. Kagay
Appendix III: Feudal Documents
I: Naming of Guarantors to Assure Completion of Castle Construction
(April 28, 1061)
In
the first year of King Philippe
on the fourth of the kalends of May, Ricart
Altemir gave to
Lord Ramon, Count of Barcelona, and Lady Almodis, Countess, the
guarantors Miron Riculf
for a thousand solidi; Ramon Remon, for another thousand; and
Ramon Sanç, for another
thousand that the aforesaid Ricart shall have made at Tarrega
two of the finest towers a
hundred palms in height and a hundred in width by the next Feast of
Saint Andrew
and from
this coming Feast of Saint Andrew to the next Feast of Saint Andrew, he
shall have made at
Tarrega two twin towers, each fifty palms in height and fifty in width;
and the keep which must
be next to the aforesaid towers and twin towers, and this shall be done
without deceit to the
aforesaid Count and Countess. And let the aforesaid towers, twin
towers, and keep be exactly
as they were specified in this pact which the aforesaid Ricart has just
made with the aforesaid
Count and Countess. And these three thousand solidi shall be
worth sixty onzas of Barcelona.
And if that written above is not done by the second of the two feasts
of Saint Andrew, let each
of the aforesaid guarantors give to the aforesaid Count and Countess,
the thousand solidi worth
twenty golden onzas of Barcelona within fifteen days after the
aforesaid Count and Countess
demand the aforesaid three thousand sous from them.
[129]
II. Feudal Pact by Which Count Ramón
of Pallars Transfers Control of the Castle of Orcau to Ramón
Miron in Exchange for His Recognition of the Count’s Liege Lordship
(February 4, 1072)
In
the name of God. This is a pact made between Count Ramon of Pallars
and his wife
Countess Valencia and Ramon Miron de Orcau. The aforesaid Ramon agrees
to the aforesaid
Count and Countess from this hour that he will maintain himself in
their homage and fealty just
as a vassal ought do for his better and liege lord; and that he will
not take on or keep any other
lord without the counsel and will of the aforesaid Count and Countess
and that he would swear
fealty and the oath of homage to them only with their permission. And
the aforesaid Ramon
also agrees to the aforesaid Count and Countess that for all time they
would have and hold in
this castle of Orcau and in all of its boundaries and appurtenances
that lordship which his father
ever had and ought to have there forever from the aforesaid Count,
except for control of this
castle. And the aforesaid agrees to the aforesaid Ramon that neither he
nor his aforesaid wife
or son will not demand control of the aforesaid castle; and the
aforesaid count will swear an
oath to the aforesaid Ramon for his life and fief. And if they demand
control of the aforesaid
castle if they should do such to them which they do not wish to or
cannot amend, let the Count
or Countess or their son not give it to them; nor may the aforesaid
Ramon, his wife, or son
grant it away; if they should commit such an offense against them [the
Count and his family]
for which they[the latter] should not wish nor they [the former] cannot
make amends. Likewise,
the aforesaid Ramon Miron agrees that he, his wife, and their children
will observe and maintain
the abovesaid pact to those men or women to whom the Count and Countess
may cede and
grant the castle of Orcau in the same way as they agreed to carry out
and observe it to the
aforesaid Count and Countess. And the Count and Countess and their son
likewise will hold
and maintain the aforesaid pact just as they agreed to do so to him.
And if Ramon Miron loses
the demesne of Cubeas, let the Count restore it to him within forty
days. And the aforesaid
Ramon agrees that from the next coming Easter onward that he will break
feudal ties with the
Count and Countess of Urgel unless they could not extend this any
longer by the will of the
[130] aforesaid Count and
Countess [of Pallars].
III. Transfer of Castle by Lord to Son of Deceased Vassal
(May 15, 1086)
This
is a pact in commemoration of an agreement which Count Bernat of
Besalú
made with
Bernat Terron. The aforesaid Count gives to aforesiad Bernat the castle
of Fenollet and
commends to him all of his father’s fief after his father’s death. And
because of this, he is his
vassal who shall be faithful to him for all time and post the sureties
for him which he must just
as his other liege vassals do and must do for him. And Bernat after the
death of his father must
grant freely, faithfully, and without diminution to lord God and San
Paulo de Vallsol all the
village of Mauri
with all of its appurtenances so that he
shall be a vassal for all these things to
lord God and Saint Paul and the aforesaid Count and his son who will be
the Count of Besalú
and his inhabitants of San Paulo without any deceit to him or theirs.
IV: Pact Concerning Holding of Multiple Fiefs
(August 26, 1086)
This
is a pact made between Lord Ramon, Count of Pallars and Rafart Guitard
and his brothers
Guillem and Theobald. Indeed, the abovewritten brothers agree to the
aforementioned Count
Ramon that if their brother Ficapal comes they would at once post a
surety for him concerning
the quarrels which the aforesaid Count has with them...However, in the
meantime, in respect
of this pact the Count gives them his fief just as he had given it to
their aforesaid brother and
let one of them be a liege vassal to him because of this fief and let
the others be his commended
vassals and serve him with horsemen and footsoldiers for the portions
which fall to them from
the fief. However, if the aforesaid brother comes and does not post a
surety with the Count or
does not want to in any way, let the aforesaid Rafard be the liegemen
of the aforesaid Count for
[131] the fief and let him
serve him in hosts, expeditions and services with
horsemen and footsoldiers
just as a vassal must do without deceit for his liege lord. And let the
other brothers render to
the aforesaid Count as much as it may be rightfully judged to them from
the aforesaid fief. And
they agree in turn to carry out this pact without deceit to Count
Ramon. However, if the Count
dies, they likewise agree to carry out the pact to his son Pere
and if he dies, to his [the Count's]
other children to whom he leaves or bequeathes his County of Pallars.
V: Notarial Formula for Fealty Oath Current
in the Chancellery of Ramon Berenguer III
I , son of the woman , without fraud or evil intent or any deception, with righteous faith and without deceit, swear to you Ramon Count of Barcelona and Marquess of Besalú and Cerdanya, son of the woman Matilde, and to your son to whom you may leave by word or testament your realm, that from this hour on I will be your vassal for your life, for the limbs which are joined to your body, for your castles or fortresses, crags and hills, cultivated or wild land, alods or fiefs which you hold today or ought to hold or you will acquire in the future with my counsel and I will not take them from you. I , the aforesaid vassal, nor any man or woman of mine, acting on my counsel, deceit, or assent will not take them from there nor hinder you nor contest you for them; and I will be your helper, with righteous faith and without deceit, in having, holding, and defending this against all men and women.