A letter from Thomas of Savoy, count of Flanders (1240/1241, August)

Translated letter:

Thomas, count of Flanders and Hainaut, and Joan, his wife, countess of Flanders and Hainaut, to all who will view the present letters, greeting. May all know that we have conceded to our beloved aldermen and the whole community of the villa of Oudenaarde the meadow beyond the gate of Eine, where animals are slaughtered, that lies between Schelde and the road that leads to Eine up to that place which is called the new embankment. Likewise we concede to them that from the drysco/dries(1), which is called common, they might enclose for the benefit of the community 10 quarter-acres along the border with the Hoflandt, except for the road that goes between the latter and the dryscum/dries, and [they may] do with it what suits them and as will seem expedient to them. Also we grant that we should rebuild the hall and butcher’s stall(2), that we and the town hold commonly by common custom, and also that they may have perpetually all the empty plains near the town, for which they will pay to us annually 30 pounds at the feast of blessed Martin. Likewise we have granted and established that in the future women may not bear witness, nor make a pledge for which their husbanda could lose their property; and that no one may be condemned by the testimony of one [person] alone(3). Also [we wish] that no one should be received among the burgesses at Oudenaarde, unless he comes to reside within the villa for a year and a day. Also we wish and concede that both knights and others [non-citizens] who have been convicted before the aldermen in court of a crime against any inhabitant of the city, or if they have provided a document that seems suspicious to a burgher, can be compelled by the court and by law of the city to pay [compensation] for the crime, and if necessary, they can be arrested within the walls of the city, unless it is a case of manifest usury. In testimony and certainty of this deed we have caused the present letters to be strengthened by protection of our seals. Enacted at Ghent, in the year of the Lord 1240, in the month of August.(4)

Original letter:

Thomas, Flandrie et Hainonie comes, et J[ohanna], uxor ejus, Flandrie. et Hainonie comitissa, universis presentes litteras inspecturis salutem. Noverint universi, quod nos dilectis nostris scabinis et toti communitati ville de Aldenardo concessimus pratum illud extra portam de Eyne, ubi ceduntur animalia, quod jacet inter Scaldam et viam, que ducit Eynas, usque ad locum illum quod dicitur novum fossatum. Item concedimus eis ut de drysco, quod dicitur communis, includere possint ad utilitatem communitatis decem bonaria ad finem de hoflandt, excepta via que inter dryscum jacet et hoflandt, et commodum suum inde facere pro ut sibi viderint expedire. Item concedimus ut hallam et marcellum, quod habemus communiter nos et villa communi custa reficere debebamus et etiam omnia plana vacua juxta villam habeant perpetuo, pro quibus nobis solvent annuatim triginta liberas in festo beati Martini. Item concedimus et statuimus ne femine de cetro possint ferre testimonium, nec verbis committere ut mariti bona sua admittant, et quod unius solius testimonio nemo condemnetur. Item et quod nullus recipiatur in burgenses apud Aldenardenses, nisi veniat mansurus infra villam per annum et diem. Item volumus et concedimus quod tam milites quam alii qui coram scabinis in justitia cognoverint se teneri in aliquo delicto alicui de villa, vel unum burgensi suspiciens instrumentum habuerint, per justitiam et legem ville compelli possint ad delictum persolvendum et, si necesse fuerit, intra villam arrestari, ubi de usura non constitit manifeste. In cujus rei testimonium et firmitatem presentes litteras sigillorum nostrorum munimine fecimus roborari. Actum Gandense, anno Domini M°CC° quadragesimo, mense Augusto.

Historical context:

The count and countess declare a number of agreements with the town of Oudenaarde about common land and about legal matters. The last two deal with questions of jurisdiction: if one of the parties is a non-citizen, the court might send out someone to investigate, hear preliminary testimony, and come back with a written declaration by the accused; the statute is intended to reaffirm urban jurisdiction over non-citizens, especially knights (who lived outside the city, were almost always non-citizens and might claim immunity from an urban court), for all crimes against burghers. A case of manifest usury would presumably move to an ecclesiastical court. (Waler P. Simons)

Scholarly notes:

1 Drysco is a Latinized form of the Flemish/Dutch word “dries”, which means “a common”, or land that is supposed to be used by the community, for pasture, drying cloth or whatever other function vital to the community. Naturally, the dries was not to be enclosed (fenced) without permission of everybody concerned, including the lord of the area. (Walter P. Simons)
2 “Marcellum” seems to be a variant spelling of “macellum,” a place for selling meat.
3. There seem to be three statutes rolled into one here, and the second makes sense only if we assume that the first pertains solely to criminal law. This is how I understand it: the first statute concerns all women in the city, single or married or widowed: their testimony in criminal cases is not valid. The second statute probably concerns private (i.e. civil) law only, and pertains only to married women: they cannot make a pledge with repercussions for their husband’s property. This clause makes sense only if we assume that some women, presumably those who are not married, can make pledges, which is a form of testimony. This second statute thus seems at odds with the first clause; hence, I assume it pertains only to civil law. The third is a general statute on evidence provided by a single witness, possibly only in criminal law (two witnesses were usually required to convict). (Walter P. Simons)
4 The translation was provided by Ashleigh Imus and edited by Walter P. Simons.

Printed source:

Johanna van Constantinopel, Gravin van Vlaanderen en Henegouwen ed. Theo Luykx, Verhandelingen van de Koninklijke Vlaamsche Academie voor Wetenschappen, Letteren en Schoone Kunsten van Belgie, Klasse der Letteren, VIII.5 (1946), 594-95, ep.67.

Date:

1240/1241, August