Page:Select historical documents of the Middle Ages.djvu/212

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SELECT HISTORICAL DOCUMENTS

the cleverness of his defence, to impede a just judgment or. his case being a weak one, by a desire of oppressing.. But each man, with regard to his own case, or tax, or debt, must carry on his own defence; unless he be infirm or ignorant of pleading—for which sort of persons the "missi," or those who preside in that court, or a judge who knows the case for the defendant, shall plead before the court. Or, if necessary, such a person may be granted for the defence as shall be approved by all, and well versed in that case. This, however, shall be done altogether according to the pleasure of those who preside, or of the "missi" who are present. And all this shall he done in every way according to law, so that justice shall be in no way impeded by any gift, payment, or by any wile of evil adulation, or out of regard for any relationship. And that no man shall make any unjust agreement with another, but that all shall be prepared, with all zeal and good will to carry out justice.

For all these things here mentioned should be observed as being comprised in the oath to the emperor.

10. That bishops and priests should live according to the canons and should teach others to do likewise.

11. That bishops, abbots and abbesses, who are placed in power over others, should strive to surpass in veneration and diligence those subject to them; that they should not oppress them with severe and tyrannous rule, but should carefully guard the flock committed to them, with simple love, with mercy and charity, and by the example of good works.

12. That abbots should live where the monks are, and wholly with the monks, according to the rule; and that they should diligently teach and observe the canons; and that abbesses shall do the same.

13. That bishops, abbots and abbesses, shall have bailiffs and sheriffs and judges skilled in the law, lovers of justice, peaceful and merciful: so that, through them, more profit and gain may accrue to the holy church of God. For on no account do we wish to have harmful or greedy prevosts or bailiffs in a monastery; for, from them, the greatest blasphemies or evils may arise for us. But let them be such as the decree of the canons or of the rule bids them