A letter from Alix of Vergy (1231, October)

Translated letter:

1. I, Alix duchess of Burgundy, make known to all that I with the will of the dean and chapter of [Saint-Nazaire of] Autun, had inquiries made about the right the lord of Vergy had in the town of Echevronne, and from diligent inquiries made through oaths of the seniors and the faith of the worthies, I found that that lord has jurisdiction large and small in that town, if an outcry should come to his provost; and the procuration(1) at the same time in the year that it should be received communally from all the people of that town, and the right to pursue game in whatever piece of land up to three measures [quartellos] of oats in the current measure at Beaune, if it were available, if not, less.

2. When the procurations are received and the oats, four from the community of the town will be chosen from that community, in the presence of the provost of Vergy; who having sworn shall say how much each can pay without sale or mortgage(?) of his heredity, for the procuration and the oats.

3. He has also in the lands of that town established customs, lands which were not procured after the lord of the land, when asked, wished to procure, the provost of the lord of Vergy could procure, saving the right of the lord of the land.

4. He has also at the time of Lent ten hens in that town as I myself subscribed which are received beginning from the head of the town successively to the end, and where the receiving is suspended in the present year, it will be begun in the following.

5. The provost requested by the men of the town will protect the woods so that neither he nor the men can extract or sell except with the consent of the community.

6. Also, the lord of Vergy can lead men of said town or send them on horseback for his own business, so that when they come on horseback they cannot be kept there longer than fifteen days. Similarly the provost can lead them following the outcry of the chatelain when others go communally.

He who will be provost at Vergy at the time, before anything is received in the town, will be held to swear publicly in the church before the men of said town and also the lords, if they are present, that all the aforesaid he will keep in good faith peacefully nor will he make any exaction beyond these from said men in the town, nor will he move them to horseback or outcry either for profit or for compensation except in imminent need; and if, let it not be, he should extort anything beyond the aforesaid or do harm against his oath, if at the request of the lord of Vergy he has not made amends within fifteen days, the provost without offense to the lord in injuury or capital, can be summoned before his ecclesiastical judge and be prosecuted to appropriate satisfaction by ecclesiastical justice.

With these exceptions, the lord of Vergy has nothing in that town, and because of this he should in good faith defend and protect it. In testimony of which thing I had the present letter signed with my seal. Enacted in this one thousand two hundred thirty first year of the Lord in the month of October.

Original letter:

1 Ego Aalydis ducissa Burgundie, omnibus notum facio, quod ego, de voluntate decani et capituli Eduensis, feci inquiri et quid juris haberet dominus Vergeii in villa de Eschevrone, et tandem diligenti facta inquisitione per juramenta seniorum et fide dignorum inveni ipsum dominum habere magnam justiciam et parvam in eadem villa, si clamor venerit ad prepositum suum et albergariam semel in anno, que recipi debet communiter ab omnibus totiùs ville, et percursum in quolibet manso usque ad très quartellos avene ad mensuram currentem apud Belnam, si facultas aderit: sin autem, minus.

2. Quando vero recipientur albergaria et avena, eligentur quatuor a communitate ville de ipsa communitate, preposito tamen presente Vergeii; qui jurati dicent quantum poterit unusquisque solvere absque venditione vel invenditione hereditatis sue, tam de albergaria quam de avena.

3. Habet etiam in mansis ejusdem ville costumas statutas, mansos vero qui non fuerint albergati, postquam dominus mansi requisitus voluerit albergare, prepositus domini Vergeii poterit albergare, salvo jure domini mansi.

4. Habet etiam tempore carnium privium decem galinas in eadem villa, sicut ego ipsa abonavi, que ita recipientur incipiendo a capite ville successive usque ad finem, ut ubi dimittitur receptio in anno presenti, incipiatur in sequenti.

5. Item prepositus requisitus ab hominibus ville custodiet nemora, ita quod nec ipse, nec homines poterunt extrahere vel vendere nisi de consensu communitatis ville.

6. Item dominus Vergeii poterit ducere homines predicte ville, vel mittere in chevauchiam pro suo proprio negotio, ita quod cum usque ad chevauchiam venerint, non poterunt ibi ultra quindecim dies detineri. Similiter prepositus poterit eos ducere sequendo clamorem castellanie, quando alii communiter ibunt.

Ille vero qui pro tempore prepositus erit Vergeii, antequam aliquid recipiatur in villa, tenetur jurare publice in ecclesia coram hominibus dicte ville et etiam dominis, si présentes fuerint, quod omnia supra dicta bona fide pacifice servabit nec ultra hec exactionem aliquam faciet in villa in dictis hominibus, nec eos mutabit ad chevauchiam vel clamorem occasione lucri vel emende nisi necessitate imminente; quod si, quod absit, contra juramentum suum aliquid ultra predicta extorqueret vel injuriam faceret, si per dominum Vergeii super hoc requisitum infra quindecim dies non emendaretur, prepositus sine offensa domini tam de dampnis quam de capitali coram suo ecclesiastico judice posset conveniri, et in ipsum usque ad condignam satisfactionem justicia ecclesiastica exerceri.

Hiis exceptis nichil habet dominus Vergeii in eadem villa, et propter hoc debet eam bona fide defensare et custodire. In cujus rei testimonium presentem litteram feci sigillo meo sigillari. Actum est hoc anno Domini millesimo ducentesimo trigesimo primo, mense octobris.

Historical context:

Charter in which the duchess recognizes the rights of the inhabitants of Echevronne. The editor, Garnier, notes that Echevronne was part of the dowry Alix brought to her marriage with Duke Odo, and that the chapter of Saint-Nazaire had a domain at Echevronne and its tenants enjoyed the same rights as the duke’s so their acquiescence was essential for the privileges to take effect.

Scholarly notes:

1. Latin, albergarium, a rent due for the guard and protection the Duke accorded in certain circumstances to the free men who established themselves in his domains, either to repeople ancient villages or to set up new centers of habitation, which kept the name albergarium.

Printed source:

Joseph Garnier, Chartes de Communes et d'affranchisements en Bourgogne (Dijon: Rabutat, 1867-77). 2.127-29, #325.

Date:

1231, October