Page:Select historical documents of the Middle Ages.djvu/235

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PEACE OF THE LAND.
215

vehicle, not in order to injure the innocent, but to defend himself from the robber.

14. No one shall spread his nets or his nooses, or any other instruments for taking game, except for taking bears, boars and wolves.

15. In going to the palace of the count no knight shall bear arms unless invited by the count. Public robbers and convicts shall be condemned to the old sentence.

16. Whoever shall treat his advowsonor any other benefice unbecomingly, and shall have been warned by his lord and do not amend, continuing in his insolence,—he shall be deprived by a judicial order as well of his advowson as of his benefice; and if he afterwards, with bold daring, shall invade his advowson or benefice, he shall be considered a violator of the peace.

17. If any one shall have stolen 5 shillings, or its equivalent,—he shall be hung with a rope; if less he shall be flayed with whips, and his hair pulled out with a pincers.

18. If the ministeriales of any lord have a conflict among themselves, the count or judge in whose district they do this shall carry on the law and the judgments in the matter.

19. Whoever, in passing through the land, wishes to feed his horse, may with impunity take, for the refection and refreshment of his horse, as much as he can reach when he stands in a place directly adjoining the road. It is lawful for any one to take, for his convenience and necessary use, grass and green wood; but without any devastation.

VII.

THE ESTABLISHMENT OF THE DUCHY OF AUSTRIA, SEPT. 17, 1156.

(Doeberl, iv. p. 88.)

In the name of the holy and indivisible Trinity. Frederick, by favour of the divine mercy, august emperor of the Romans. Although a transfer of property may remain valid from the actual act of performing such transfer, and