Usatges of Barcelona: English Translation

THE LIBRARY OF IBERIAN RESOUCES ONLINE

The Usatges of Barcelona :
The Fundamental Law of Catalonia

Donald J. Kagay

[69]

The Usatges of Barcelona

Before the rules of customary law were decreed, judges customarily ruled that all offenses, if they could not be overlooked, had to be settled for all time by oath, judicial battle, or ordeal of boiling or freezing water with the utterance of the following words: “I swear to you by God and these Holy Gospels that these offenses which I have committed against you, I thus did within my rights and by your negligence.” And then he would undergo the judicial battle or one of the aforesaid judgements; namely, that of freezing or boiling water.

Homicide or adultery which could not be overlooked were judged, settled, or punished according to the laws and customs.

When Lord Ramon Berenguer the Old Count and Marquis of Barcelona and the subjugator of Spain held dominion, he saw and acknowledged that the Gothic laws could not be observed in all the claims and lawsuits of this land. He also saw that these laws did not specifically adjudicate many disputes and offenses. With the approval and counsel of his good men, along with his very prudent and wise wife Almodis, he issued and decreed the rules of customary law by which all disputes and offenses inserted therein were to be submitted to judgement, pleaded, judged, decreed, compensated, and punished. Indeed, the Count did this on the authority of the Book of Judges which says: “Surely royal judgement will have the [70] prerogative to add laws if truly new situations in suits demand it,” , “so it may be disposed of at the discretion of royal power that once a suit is decided it should be inserted in the laws,” and “indeed only the royal power will be free in everything to enforce in suits whatever penalty it deems fit.”

And the rules of customary law which he issued so begin.

These are the customary legal rules of court usages which Lord Ramon the Old, Count of Barcelona and his wife Almodis decreed binding on their land forever with the assent and acclamation of the magnates of their land; namely,

Ponç, Viscount of Gerona

Ramon, Viscount of Cardona

Ulait, Viscount of Barcelona, as well as

Gombau de Besora

Mir Gilabert

Alaman de Cerveló

Bernat Amat de Claramunt

Ramon de Montcada

Amat Eneas

Guillem Bernat de Queralt

Arnau Mir de Sent Martí

Guillem Senescalch

Jofre Bastó [71]

Renalt Guillem

Gicbert Guitart

Umbert de les Agudes

Guillem March

Bonfil March

Guillem Borrell, judges

Thus whoever kills, wounds, or dishonors a viscount in any way, let him make compensation to him as for two comitores . If a comitor, as for two vasvassores.

Concerning a vasvassor who has five knights, let a compensation of sixty ounces of seared gold and thirty lashes be made for his death. And if he has more knights, let the compensation increase according to the number of knights.

Indeed let whoever kills a knight give twelve ounces of seared gold in compensation. Indeed, let whoever wounds one make a compensation to him of six ounces for one blow or many.

If anyone sets an ambush, premeditatedly assaults a knight, beats him with a club, and pulls his hair, let him make compensation to him as for his death since this a serious dishonor. If, on the other hand, anyone in anger strikes a knight with any blow whatsoever with [72] fist or stone, rock or club but without drawing blood , let three ounces be given him. But if there is bloodshed from the body, let four ounces be given him; from the head, five; and from the face, six.

But if one strikes a knight in his limbs so he appears incapacitated, let him be compensated as for his death. Indeed if he is taken prisoner and put in shackles or leg irons , let him be compensated for half of the value of his death. If he is attacked, beaten, wounded, put in an underground cell, or held for ransom, let the compensation be made as for his death.

If he was only taken prisoner and held under guard, suffered no insult or disgrace, and was not confined for a long time, let compensation be made through a penalty of submission and homage or by the captive’s retaliation if he appears to be of equal rank. If the captor is of higher rank than the captive, let him provide him a knight of equal rank who shall carry out the penalty of submission and homage and homage or undergo the captive’s retaliation.

Moreover, for a knight who has two knights as his vassals settled on his fiefs and maintains one of them in his household, let all this abovesaid compensation be made to him or, in place of him, let it be made twice over.

Let ambush and armed pursuit of a mounted horseman or attack of a castle be compensated by homage and the penalty of submission as it seems right to he who judges this case.

[73] Let the son of a knight up to the age thirty be compensated as his father is. After this, let him be compensated as a peasant if he has not been made a knight.

Indeed if a knight abandons knighthood while able to observe it, let him not in any way be judged or compensated as a knight. It is sufficient for one to lose knighthood if he does not have a horse and weapons, does not hold a knight’s fee, and does not takes part in hosts and cavalcades or come to tribunals and courts as a knight unless old age prevents him.

Moreover, let townsmen and burghers litigate among themselves, be judged, and compensated as knights are. Moreover, let them be compensated by the ruler as vasvassores are.

Let Jews who are beaten, wounded, captured, incapacitated, and even killed be compensated according to the ruler’s will.

If a bailiff who is a noble, eats wheaten bread daily, and rides a horse is killed, incapacitated, beaten, or held captive, let him be compensated as a knight is. Moreover, let an ignoble bailiff have half of this compensation.

Let the murder of a peasant or any other man who holds no rank besides being a Christian be compensated by six ounces; his wounding, by two ounces. Let his incapacitation and beating be compensated according to the law in copper sous.

[74] Indeed after one has compensated another for the wrong done him when he took him prisoner, let the imprisonment be compensated in this way: if the captive was released on the day of his capture or on the next day, let the captor give him a suitable amount from his own property and swear an oath by a man of the captive’s own rank that he need not compensate him further for the insult and dishonor done him. Yet if he is held longer in leg irons or shackles, placed in an underground cell, kept fettered or under guard in any way, let him receive six sous in compensation for each day and night. Let ten sous be given him for having his hand and feet bound.

If one strikes another in the face, let five sous be given for a slap; ten sous, for a blow with a fist or stone, rock. or club; and if there is bloodshed from the face, twenty sous. If one pulls another’s hair with one hand, let him give him five sous; with two hands, ten sous. If he throws him to the ground; fifteen sous. If he pulls him by the beard, twenty; for the shaving of his hair, forty sous.

If one, in anger, strikes any type of blow to another's body, let him give a single sou for each blow which does not show[leave a bruise]. For those which do, let him give two sous apiece. And if there is bloodshed from these, five sous; for the breaking of a bone in the body, fifty sous. If in angrily assaulting and dragging down another, one makes blood flow from mouth or nostrils, let him give to him twenty sous in compensation.

If one shoves another with one hand, let him give one sou to him; with two hands, two sous. If he throws him to the ground, let him give three sous to him.

If one spits in another's face, let him make compensation of twenty sous to him or suffer his retaliation.

[75] If one criminally slanders another and does not want to or cannot prove this about him, either let him swear an oath to him that he uttered this slander in anger and not from the truth which he then knew or let him make as much compensation to him [the victim] as he lost by this slander as if it had been the truth if the slandered wished that the slanderer should purge himself on oath concerning it.

Let offenses against Saracen captives be compensated as to masters for their slaves. Therefore, let their deaths be compensated according to their value. It says this since there are many of a great ransom price while others are skilled and instructed in different types of crafts.

Let every woman be compensated according to the rank of her husband. If she never had or does not currently have a husband, let her be compensated according to the rank of her father or brother.

All men must post a surety for their lords wherever their lords demand it in their land. His viscounts and comitores must also do so for the ruler with a hundred golden ounces of Valencia for each castle with its fief. Indeed, each knight must do so with ten golden ounces [76] of Valencia for every knight’s fee ; for a castle with its revenues and for other holdings, ten; for smaller fiefs, according to their value, and indeed for an act of homage in regard to a half a knight’s fee of land, concerning that which pertains to the fealty. Moreover, a peasant must do so with five sous.

Let a tribunal be announced among both magnates and knights for the first time up to ten days in advance; then let it be announced eight days in advance. Indeed let a tribunal be announced among peasants on the fourth or fifth day before.

Indeed his viscounts, comitores, vasvassores, and knights must attend a plea with the Count wherever he commands them within his county. But if they cannot return home on this day, let him give them a safe conduct. This must be done in the same way between viscounts, comitores, vasvassores, and other knights so that each of these must attend a plea with his liege lord from whom he holds the largest fief within the entrance of his lord’s estate if the lord agrees to this. But if he does not, let each one attend pleas with him wherever in his lands he wishes. Moreover, if he cannot return on this day, let the lord give him a safe conduct.

In a suit judged between a vassal and a lord, and a judgement approved and sanctioned by both parties and well secured under the lord’s authority so that it would be rendered to him, let the lord first indemnify his vassal for everything he owes him in any way whatsoever, and afterwards let him receive from his vassal everything adjudged him.

Before a judgement by battle may be sworn to, let it be secured through a surety of two hundred golden ounces of Valencia if it must be carried out by horsemen and by one of a hundred if by foot champions so that the victor shall be compensated for the damage which [77] he received in the duel both to his body, horse, or weapons and obtain that for which the duel is fought as well as all expenses he incurs in it and the defeated shall accept this matter as settled.

Indeed it is not fitting concerning common pleas that there be more than four judicial sessions: first, in which sureties should be suitably posted by guaranties or pledges as it is necessary before the arguments of both litigants are heard; second, in which the arguments should be stated and responded to, and judgements given by judges chosen by both litigants; third, in which arguments and judgements should be reviewed by the judges and, if necessary, the judgements altered, then afterwards these should be approved, sanctioned, and well secured with the approval of the judges by pledges as they had already been; and fourth, in which the lord of the suit should actually take possession of the pledges. And while he holds them, justice should be done and judgements carried out exactly as they were adjudged and sanctioned by both litigants.

If magnates or knights refuse to post sureties for their lords as they must do for them and, for this reason, the lords seize control of their castles or confiscate their fiefs from them, the lords need not return to them either castles or fiefs until they have posted the surety and made restitution for all expenses which the lord incurs in the capture and garrisoning of the castle as well as in the confiscation of the fiefs. On the other hand, if the vassals give control of

these, let them not post a surety with the lords until they shall recover the castle unless the lords have a war for which they need the castle or claimed lodging in the castle.

[78] If one refuses to give control of his castle to his lord as he is bound to give it to him and suffers a public accusation for this reason and if the lord can capture the castle, let him be permitted to hold the castle along with the fiefs which the vassal holds from the castle until the rebel shall make compensation to the lord for all expenses and losses which he has incurred in the capture of the castle and its garrisoning, and promise swearing with his own hands and by a written oath that control of the castle shall no longer be refused in any way.

If anyone, from viscounts to lower knights, dies without legal provision for their fiefs, it is permissible for their lords to bestow their fiefs on whichever of the deceased's children they wish.

Castellans in castles which they hold for their lords must not appoint other castellans subordinate to them without the consent of their lords. But if they do so while the lords are aware of it and do not object, these appointed castellans, who are known of and not objected to, must remain. If the lords know and object, then let those [castellans] who appointed the others there dismiss them.

If one grants, mortgages, or alienates his fief without the consent of his lord and if the lord knows and objects, he can confiscate the fief whenever he wishes. If he knows and [79] does not object, he cannot confiscate the fief but can seek service for it from whichever he wishes – either from the donor or the recipient. And if the service for this fief is refused him, it is permissible for him to confiscate and hold the fief under his lordship until the refused service shall be restored twice over and securities well made to the lord so the service shall not be refused him any longer.

Let whoever fails to serve in the hosts and cavalcades of his lord, for whom he must perform these duties, make double restitution to his lord for all damage, expenses, and losses which he caused by his dereliction of duty. Likewise, if knights on hosts or cavalcades or in the service of their lords lose anything of theirs, let their lords compensate them in so far as the knights can verify their losses.

Whoever sees his lord in need and fails to give him the support and service which he must render him and, because of this, pays an indemnity to him, he[the vassal] must in no way recover or retain this indemnity.

But if the lord wishes that his vassal increase his service to him, let him enlarge his fief. But if a vassal should have what it is customary for him to have, let him serve his lord as he agreed to serve him.

Whoever is a liege vassal of a lord must serve him either according to the best of his ability or according to their pact. And the lord must be bound to him against all men and none against him. Moreover, no one must make liege homage except to one lord only unless he who was his first liege lord consents.

[80] Whoever deserts his lord while alive in battle when he could have helped him or, with evil intent, deserts him in combat must lose everything he holds from him.

When one driven by anger breaks ties with his lord or abandons his fief to him, let his lord confiscate all which the vassal holds for him and retain it until the vassal shall return to the terms of the homage, post a surety with him, and make compensation to him with an oath for the dishonor which he has done him. After this, let him recover the fief which he has abandoned.

Whoever refuses to obey his lord and deliberately breaks ties with him out of haughtiness must lose forever everything he holds from him and return it to him, even if it contains some of his own property for which he has performed no service to his lord.

Whoever premeditatedly kills his lord or his lord’s legitimate son by hand or tongue , commits adultery with his lord’s wife, usurps his castle from him and only returns it to him after diminishing its value or commits an offense against him for which he cannot make restitution or compensation – and if he is convicted of one of these acts – must come under [81] the control of his lord along with everything he holds from him so his lord may do with him as he wishes since this is the greatest treason.

Indeed, concerning other treasons and offenses for which compensation and restitution can be made, let him post a surety with his lord in accordance with the custom of his own land and let him carry out for his lord exactly what the lord rules he should.

Let no vassal in any way refuse to give control of his castle or post a surety for his lord just as he is bound to give control of the castle to or post a surety for his lord since as long as he refuses, he is a traitor to his lord. And if because of this, he suffers any wrong, let no compensation be made him in any way. And if the lord suffers damage or incurs expenses, let compensation be made by his vassal.

If anyone is accused of treason by his lord at court in the presence of the prince, he must clear himself of this treason by the judgement or approval of the prince’s court. But if he refuses to do so, then the prince must compel him to submit to judgement.

And likewise if a lord wishes to unjustly oppress his knight or take away his fief, the ruler then must defend and come to the aid of the knight.

And if one is publicly accused by the ruler, he must put himself in his custody and make restitution and compensation according to the judgement of his court for the damage, wrong, and dishonor which he has done him or clear himself of treason by oath and judicial [82] battle with one of similar rank whose fief is of the same value, bearing the loss and gain which he must incur by this duel.

We therefore say loss and gain so he shall receive as much if he wins as he shall lose if he is defeated.

This must be done in the same way between magnates and their knights, except that the judicial battle may not be carried out by their own hands [in person] but only through that of a vassal chosen by each party.

Every offense which a vassal commits against his lord or a lord against his vassal without a lodgement of complaint and rupture of ties must be emended by both parties.

All vassals from viscounts to the lower knights holding the ruler’s fief must swear fealty to him for his fief by a written oath; namely, for those things which the ruler wishes from him.

Let an oath always be sworn on a consecrated altar or on the Holy Gospel. And he who swears must take every oath, except those taken in treason or sedition, “according to his knowledge” and “by God and this Holy Gospel.”

[83] Let all vassals, knights, and peasants alike, swear to their lords just as these lords act to judge them fairly in tribunals. Yet lords should never swear to their vassals.

Let Jews swear to Christians but Christian never swear to them.

The oaths of peasants who possess a homestead and work it with a yoke of oxen shall be believed up to the amount of seven silver sous.

But concerning the other peasants who are called bachalarii , let their oaths be believed up to the amount of four golden mancuses of Valencia. Above this amount, let them prove anything which they swear by the ordeal of boiling water.

Let an old knight who cannot defend himself on his own or a poor one who cannot equip himself for judicial battle be believed on oath up to the amount of five golden ounces of Valencia.

Let other knights from age twenty to sixty who swear anything about which they [84] are accused of being perjurers defend themselves [in judicial battle] with their own hands against one of equal rank.

Let the oaths of burghers be believed as those of knights up to the amount of five golden ounces. Above that amount, let them defend anything they swear by judicial battle; namely, by foot champion.

If, in regard to the fiefs which knights hold, their lords deny that they had invested them with these, let the knights show the fiefs to be theirs through oath and judicial battle, and retain possession of them. Let those knights, who do not hold the fiefs and who do not legally claim them, prove either by witnesses or documents that they had acquired these from their lords or else abandon them.

If anyone hurls at another a lance, arrow, or any type of weapon, let him make compensation for the wrong done the other person if he wounds him in any way. But if he could not hit him, for the sheer effrontery of having thrown at him. let him await the other person’s retaliation under the same fear or make half of the compensation to him as if he had struck him. And if one while armed seeks out another and does not wound him but only cuts through the shield or armor or makes him dismount or fall to the ground, let him in the same way make half of the compensation as if he had struck him.

If anyone kills a horse or any other animal while a man is sitting on it or while holding it with his hand, let him make double compensation for the animal with twice its value and for the dishonor to the rider with an oath.

Indeed, let all ships coming to and then returning from Barcelona day and night [85] be under the peace and truce and protection of the prince of Barcelona from Cap de Creus to the port of Salou. And if anyone damages these vessels in any way, let him make double restitution to them through the command of the prince and make amends for his dishonor to the prince with an oath.

Likewise, they ruled that all men, noble and ignoble alike, even though they might be mortal enemies, shall be safe for all time day and night and observe a sound truce and true peace from Montcada to Castelldefels from the hill of Finistrel to that of Gavara and from the hill of Erola to the valley of Vitraria and within twelve leagues out to sea. And if anyone disobeys this order in any way, let him make double compensation for the wrong and dishonor which he has done and pay the prince a hundred golden ounces for the violation of his ban.

Roads and thoroughfares on land and sea are the ruler’s and, for their protection, must be included in the peace and truce for all days and nights so that all men, both on horseback and on foot, merchants and traders, going and returning on these thoroughfares, may go and return securely and undisturbed without any fear with all their possessions. And if [86] anyone attacks, strikes, wounds, or dishonors them in any way or steals any of their possessions, let him make double compensation to them according to their rank for the wrong and dishonor he has done to their persons; and for what he steals from them, let him make compensation eleven times over. And likewise, let him give the ruler the same amount from his property or fief so, swearing on oath on a holy altar, let him declare that he must make no further compensation for the dishonor he did him.

Since a land and its inhabitants are ruined for all time by an evil prince who is without both truth and justice, therefore we the oft-mentioned princes R[amón Berenguer] and A[lmodis], with the counsel and aid of our nobles, decree and command that all princes who will succeed us in this princely office shall have a sincere and perfect faith and truthful speech for all men, noble and ignoble, kings and princes, magnates and knights, peasants and rustics, traders and merchants, pilgrims and wayfarers, friends and enemies, Christians and Saracens, Jews and heretics, might trust and believe in the princes without any fear or evil suspicion for their persons but also for their cities and castles, fiefs and property, wives and children, and for anything they possess. And all men, noble and ignoble, magnates, knights, and footmen, sailors, privateers, and minters, who are remaining in their land or coming from elsewhere, should help the aforesaid princes maintain, guard, and govern their faith and true speech in all cases great and small with a righteous faith and without deceit, evil intent or bad counsel. And among other matters, let the peace and promise not to take violent action which the princes should give to Spain and the Saracens on land and sea be maintained by them.

In the same way, let the truce and promise not to take violent action which the princes have ordered to be in effect between enemies be rigorously observed, even though these enemies have not confirmed to him the approval of the same truce.

Let no one dare violate the protection which the prince makes in person, through his