Page:Select historical documents of the Middle Ages.djvu/225

From Wikisource
Jump to navigation Jump to search
This page has been proofread, but needs to be validated.
DIVISION OF THE EMPIRE OF THE TEAR 817.
205

he shall be warned once, twice, and thrice, through faithful envoys, to amend; and if he refuse them, being summoned by one brother before the other he shall be admonished and punished with fraternal and paternal love. And if he shall altogether spurn this healthful admonition, by the common sentence of all it shall be decreed what is to be done concerning him; so that him whom a healthful ad- monition could not recall from his wicked ways, the imperial power and the common sentence of all may coerce.

11. But the rulers of the churches of Francia shall have such power over the possessions of the same, whether in Aquitania or in Italy, or in other regions and provinces subject to this empire, as they had in the time of our father, or are known to have in our own.

12. Whatever of tribute, moreover, and rents and precious metals can be exacted or obtained within their confines, they shall possess ; so that from these they may provide for their necessities, and may the better be able to prepare the gifts to be brought to their elder brother.

13. We will, also, that if to any one of them, after our decease, the time for marrying shall come, he shall take a wife with the counsel and consent of his elder brother. This, moreover, we decree shall be guarded against, for the sake of avoiding discords and removing harmful opportuni- ties: that any one of them shall presume to take a wife from external nations. But the vassals of all of them, in order that the bonds of peace may be drawn more closely, may take their wives from whatever places they wish.

14. But if any one of them, dying, shall leave lawful children, his power shall not be divided among them ; but rather the people, coming together in common, shall elect one of them who shall be pleasing to God; and this one the elder brother shall receive as a brother and a son, and, him- self being treated with paternal honour, shall observe this constitution towards him in every way. But in the matter of the other children they shall, with pious love, discuss how they may keep them and give them advice, after the manner of our parents.

15. But if any one of them shall die without lawful