Emperor Otto II confirms the jurisdictions of the bishops of Poreč and grants them immunities.
In nomine sancte et individue Trinitatis.a
Ottob divina favente clementia Romanorum imperatorc augustus.
Si ecclesiarum Dei curam gerimus easque dilatare studuerimus, nostri imperiid fastigiume augmentari minime ambigimusf.
Quocircag omnium sancteh Dei Ecclesie fidelium nostrorumque presentium sciliceti acj futurorum noverit universitas qualiter, interventu ac peticione nostri dilectik presbiteri Dudonis ac Andree diaconil nostri benivoli capellanim, Adam sancte Parentine ecclesie antistesn nostram adiisseo clementiam, postulansp quatenusq nosr pros Dei amore nostreque anime remedio, nostra preceptali auctoritatet omnia predia sue ecclesie que antea a nostris antecessoribusu imperatoribus [et]v regibus pro suarum animarum remedio prefate ecclesie donaveruntw, qua in basilica sancti beatum corpus Mauri requiescit, sive que ab aliquibusx Deo devotis fidelibus data sunt vel quey danda erunt, confirmare et corroborare dignaremur.
Cuius dignis postulationibus auresz nostre pietatis inclinantes pretaxate ecclesiaea' predia nominative:
[1] Montona,
[2] Rosarium,
[3] Nigrignanum,
[4] turrim que est supra piscationemb' None,
[5] et illam de Cervaria,
[6] etc' castrum Pisinum,
[7] Medelanum,
[8] ⟨quod a regibus seu ab Ugone largitum est, videlicet Ruvignumd',
[9] quantum ad Episcopatum sanctee' Parentine ecclesie donatum est a nostris antecessoribus, videlicet in loco qui dicitur Duo Castella et Vallesf',⟩
cum omnibus pertinentiis suis iuste et legaliter ad predictum Episcopatum pertinentibus necnon villis, terris, campisg', vineis, pratis, aquis aquarumque decursibus, piscationibush', molendinis, venationibus, montibus, planiciebus, vallibusi', cum omnibus rebus mobilibusj' et immobilibusk' que dici etl' nominari possuntm', ⟨seu in quocumque loco prenominatus Episcopatus terram habet,n'⟩ per hoc nostrum preceptum confirmamus eidem episcopo Adam suisque successoribus et corroboramus.
Precipientes denique iubemus, ut nullus dux, patriarcha, archiepiscopus, episcopus, marchio, comes, vicecomes nullaque Regni nostri magna vel parvao' persona pretaxatump' presulem suosque successores de omnibus predictis rebus molestareq' temptet nec ad ullar' placita hominibus supra terram sanctes' Parentine ecclesie residentibus, qui ab episcopo reclamationem habent, sine advocato episcopi nullam contrarietatem faciantt' nec invicteu' ducantur nisi ante presentiamv' presulis sine legali iuditio, sed liceat eidem presuli suisque successoribus quiete etw' pacifice cuncta sua predia tenere et firmiter possidere, omnium hominum contradictione penitus remota.
Si quisx' igitur huius nostre pagine violator fuerit, quod minime credimus, sciaty' se compositurum auri boni libras mille, medietatem camere nostre et medietatem prefatoz' presuli suisque successoribus.
Quoda'', ut verius credatur diligentiusqueb'' abc'' omnibus observetur, hanc paginam propria manu corroborantes sigillid'' nostrie'' impressione inferius eandem iussimus insigniri.
Signum domini Ottonisf'' secundig'' serenissimi imperatoris et invictissimi (SM)h'' augustii''.
Adelbertusj'' cancellarius advicem Petri episcopi et archicancelarii recognovi et scripsi.
Data VIIk'' nonas iuniil'' anno Dominice incarnationis D CCCC LXXXIIIm'', indictione XIn'', regni vero domini secundi Ottoniso'' XXVIp'', imperiiq'' vero eius XIIIr''.
Actum Verone.
Feliciter, amen.
a) In nomine—individue Trinitatis] om. CD. b) Otho D. c) inmperator et saepe sic C. d) Inperii C. e) fastigum C. f) anbigimus C. g) ex quo circha corr. B. h) add. al. man. sup. l. D. i) silicet C. j) CD; et B. k) ex delegati corr. D. l) dyaconi B; om. D. m) papellani C. n) ex antistitis corr. B. o) adisse C; sic BD: pro adiit. p) postulant C. q) quatinus D. r) quatenus nos] CD; nos quatenus B. s) CD; om. B. t) ex autoritate corr. B. u) predecessoribus CD. v) om. BCD; em. Banić. w) sic BCD: pro donata erant. x) ex aliqibus corr. D. y) om. CD. z) ex aueres corr. B. a') sic B; ecclesie CD. b') piscatione C. c') om. C. d') Ruvinum C; Rubinum D. e') CD; sive B. f') C; Vaues cum sign. abbr. supra ultimam syllabam B et ex corr.; Sanctus Vincentius D. g') canpis C. h') piscationibus, molendinis] molendinis, piscationibus inv. CD. i') D; valibus C; vallis B. j') mobillibus C. k') immobillibus C; imobilibus D. l') vel CD. m') nominari possunt] numerari possint D. n') seu in—terram habet] subsignavit B. o') magna vel parva] parva vel magna inv. D. p') ex pretasatum corr. C. q') molestaret C. r') D; nulla B; ussa C. s') CD; eidem B. t') CD; facient B. u') sic B: pro invite, sicut em. Sickel; in iure CD. v') presentia C. w') CD; om B. x') CD; qui B. y') ex corr. B. z') prefacto C. a'') CD; quo B. b'') CD; dilligentisque B. c'') CD; ob B. d'') CD; sigillum B. e'') CD; om. B. f'') Otthonis B; Othonis D. g'') CD; om. B. h'') om. C. i'') augustini C. j'') CD; Adalbertus B. k'') septimo D. l'') VII nonas iunii] sic BCD: sive pro IIII nonas iunii sive pro VII idus iunii. m'') octuagesimo terio D. n'') undecima D. o'') Otthonis B; Othonis D. p'') vigesimo sexto D. q'') inperii CD. r'') terciodecimo D; sic BCD: pro XVI.
In the name of the Holy and Undivided Trinity.
Otto, favored by divine mercy, august emperor of the Romans.
If we are to take care of the churches of God and strive to augment them, we do not doubt that the summit of our emperorship will be raised.
Therefore, may all the faithful to the holy Church of God and to us, both in the present as well as in the future, know how, by the intervention of our esteemed priest Dudo and Andrew the deacon, our benevolent chaplain, Adam, the bishop of the holy Church of Poreč, addressed our mercy, asking us that we, out of love of God and for the salvation of our soul, deem worthy to confirm and strengthen by the authority of our decree all the estates which were previously donated to that aforesaid Church, in which cathedral rests the blessed body of holy Maurus, by our predecessors, emperors [and] kings, for the salvation of their souls, or which were given or which will be given to it by some faithful devoted to God.
Bending the ears of our piety to his appropriate petitions, by this our decree we confirm and corroborate to the same bishop Adam and to his successors the estates of the aforementioned Church, namely:
[1] Motovun,
[2] Ružar,
[3] Nigrinjan,
[4] the tower which is over the fishing-pond of Nona1,
[5] and the other one of Červar2,
[6] and the fortified town Pazin,
[7] Medelin,
[8] what was gifted by the kings or by Hugh, that is Rovinj,3
[9] and as much as was donated to the bishopric of the holy Church of Poreč by our predecessors, namely in the place which is called Dvigrad and Bale,4
with all its appurtenances rightly and legally pertaining to the aforesaid Bishopric, and also the villages, lands, fields, vineyards, meadows, waters and watercourses, mills, fishing ponds, hunting grounds, mountains, plains, valleys, with all of their moveable and immovable goods that can be named or declared, or in whatsoever place where the aforenamed Bishopric has land.
By order, then, we command that no duke, patriarch, archbishop, bishop, margrave, count, viscount, or anyone else in our Kingdom, either of high or low standing, should attempt to disturb the aforementioned bishop and his successors regarding all of the aforesaid things, nor oppose the people residing on the land of the holy Church of Poreč – who file their complaints to the bishop –, without legal verdict [and] the bishop’s advocate, nor take them against their will before any court except before the bishop’s,5 but may the same prelate and his successors firmly hold and possess all their estates calmly and peacefully, without any opposition from any person.
Therefore, if there would be any violator of this our charter – what we scarcely believe – may they know that they will have to pay one thousand pounds of fine gold, half to our treasury and half to the aforesaid prelate and to his successors.
In order for this to be believed more truly and diligently observed by all, we have corroborated this charter with our own hand and ordered it to be stamped with the impression of our seal.
Sign of lord Otto II, the most serene and invincible august emperor.
On behalf of Peter, the bishop and archchancellor, I, Chancellor Adelbert, attested to this and wrote it.
Given on the 7th of Nones of June in the year of our Lord’s incarnation 983, 11th indiction, in the 26th year of Lord Otto II’s kingship, the 13th year of his emperorship.
Done in Verona.
May it be propitious, amen.
[trans. JB]
1) Turris can be translated either as a toponym Tar (Ital. Torre) or as a generic "tower". The fact that the subsequent possession is described as "illam de Cervaria", the pronoun referring to "turris", I have decided to translate it as two towers, one over the fishing ponds of Nona, the other in Červar. This "tower" over Nona would in fact give the name to the entire settlement that will be known as Turris or Torre, literally "a tower".
2) Illam de Cervaria, with the pronoun referring to the noun "turris."
3) The part "quod a regibus seu ab Ugone largitum est" may refer to either Medelin (or even to all the aforementioned places) or to Rovinj. A document forged in the late 13th century hides the clue on how to interpret it: Henry III (or IV)'s 1060 (or 1077) charter has the line "et illud quod a nostris antecessoribus largitum est, videlicet Ruvinum" (see it edited here). I have interpreted the interpolated line as featured in the forged charter.
4) Again, the "quantum ad Episcopatum sancte Parentine ecclesie donatum est a nostris antecessoribus" may refer either to Rovinj or to the two following places, Dvigrad and Bale. Again, Henry III/IV's forged charter hides the clue on how to interpret the interpolated line: "videlicet Ruvinum, et quantum ad Episcopatum sancte Parentine ecclesie donatum est, scilicet in loco..." (see it edited here). I have interpreted the interpolated line as featured in the forged charter.
5) The original line is jumbled: "nec ad ulla placita hominibus supra terram sancte Parentine ecclesie residentibus, qui ab episcopo reclamationem habent, sine advocato episcopi nullam contrarietatem faciant nec invite ducantur nisi ante presentiam presulis sine legali iuditio". The composer of the charter, dubbed "It.K" by Sickel, was poorly skilled and not up to the task of modifying his formularies and his lack of competence resulted in this agrammatical clause. Usually, the line goes "vel per placita fatigare/molestare sine legali iuditio audeat/presumat"; what had to be added was the following: the bishop’s advocate must sanction and enforce any contrarietates, and that the bishop's subjects, i.e. those residing on his lands and lodging complaints to his court, may only be tried in bishop’s court. The translation aims to mirror this meaning, but the original Latin sentence had to be emended: “nec [u]llam contrarietatem hominibus supra terram sancte Parentine ecclesie residentibus, qui ab episcopo reclamationem habent, sine advocato episcopi [et] sine legali iuditio fac[ere], nec ad ulla placita invite duc[ere] nisi ante presentiam presulis [audeat vel presumat].”
Henry IV's 1077 confirmation charter to the Bishopric of Poreč – edited here as doc. 1077_HP.
Patriarch Wolfger's forged confirmation charter of 1211 to the Bishopric of Poreč – edited here as doc. 1211_PW.
King Rudolph I's 1291 confirmation charter to the Bishopric of Poreč – edited here as doc. 1291_RP.
Letters of Bishop Boniface to Pope Boniface VIII – edited here as doc. 1295_BP1 and doc. 1295_BP2.
Emperor Charles V's 1529 privilege issued to Bishop Hieronymus Campegio – soon to be edited here.
The charter is only preserved in later copies, the oldest of which are the three featured in the late 15th-century Iurium episcopalium liber I of the Bishopric of Poreč (on which see Jenko Kovačič, cited above). Thus, the potential for possible later interpolations and “emendations” is extremely high, especially when bearing in mind the numerous attempts of the bishops of Poreč to assert their jurisdictions over the territories disputed by Venice, the counts of Gorizia, and the patriarchs of Aquileia (and their numerous retainers).
The charter has some problematic internal features, namely its dating elements. First, there is no such thing as “VII die pridie nonas iunii”. One solution, proposed already by the editors of the Monumenta Germaniae Historica, was that the correct date should be “VII idus iunii” which would concord with the 7th of June, the day when Emperor Otto II was indeed in Verona. Thus, the “VII nonas iunii” is customarily interpreted as a scribal error, most probably of the original composer of the charter, the one dubbed “It. K” by Sickel (otherwise known for his sloppiness), an error that was repeated in all the other subsequent copies. Perhaps the scribe had originally left a blank space between “VII” and “iunii” and simply forgot to fill it in, similarly to what he did in DOII 305 (MGH DD O II, doc. 305), and the dating line was then, subsequently, filled in erroneously by the recipient.
Another option is that the “nonas iunii” part of the date was actually written correctly, but that the day was originally “IIII” instead of “VII”, an easy mistake to make as both numbers involve the same amount of minims. Otto II was indeed in Verona both on the 2nd and on the 7th of June, so both options remain possible. Finally, Mate Križman (cited above) proposed yet another dating: May 30th, which would indeed be “the 7th day before the Nones of June”, but that date is normally given as “the 3rd day before the Kalends of June” (III kalendas iunii).
Another problem is the fact that the dating elements do not concur with each other: the year 983 anno Domini indeed concurs with the 11th indiction, but the years of Otto II’s reign concur with the years 986 (26th of his kingship, crowned king in May of 961) and 980 (13th of his emperorship, crowned co-emperor in December of 967). However, imperial scribes had begun dating the year 982 with the 25th year of kingship and 15th of his emperorship in order to simplify the calculus (anno regni = anno imperii + 10) and continued with this practice; thus, all the charters issued in 983 by Otto II’s scribes responsible for recipients south of the Alps are dated with the 26th year of his kingship and the 16th year of his emperorship. Bearing this practice in mind, the 26th year of kingship is “correct”, leaving only the 13th year of emperorship is erroneous. This discordant dating element can, however, be ascribed to a scribal error in the writing of the year of emperorship: “XIII” was written instead of “XVI”, indeed an easy mistake to make as the number in question involves the writing of the same number of minims. For the discussed dating practices, see Theodor von Sickel, “Erläuterungen zu den Diplomen Otto II.,” in Mitteilungen des Instituts für Österreichische Geschichtsforschung: Ergänzungsband 2 (Innsbruck 1888), pp. 186–88.
The final problem is the list of territories featured as having been donated to the Bishopric of Poreč by the Italian kings and the predecessors of Emperor Otto II. Namely, no royal or imperial diploma for the Bishopric of Poreč survives prior to this one from 983. Moreover, the phrase “quod a regibus seu ab Ugone largitum est, videlicet Ruvignum, quantum ad Episcopatum sancte Parentine ecclesie donatum est a nostris antecessoribus, videlicet in loco qui dicitur Duo Castella et Valles” is not only clumsily styled, but it also fits very awkwardly the enumeration of localities; the sentence could indeed work perfectly well without it:
“Cuius dignis postulationibus aures nostre pietatis inclinantes pretaxate ecclesiae predia nominative: Montana, Rosarium... et Medelanum, cum omnibus pertinentiis suis iuste et legaliter ad predictum Episcopatum pertinentibus necnon villis, terris... per hoc nostrum preceptum confirmamus eidem episcopo Adam suisque successoribus et corroboramus.”
It should also be stressed that the exemplar hereby dubbed D has “Si Viti” with an abbreviation line over it, which should be resolved as "Sanctus Vincentius", that is Savičenta (another town that the bishops of Poreč would later claim as their possession in temporalibus) instead of Bale in this very phrase, showing that the interpolated part was unstable enough to be “emended” as needed.
According to Margetić (cited above), even “castrum Pisinum” would be a later interpolation because Pazin, together with Pićan, was purportedly donated by Otto III to the Patriarchate of Aquileia (a donation confirmed by Henry II, edited here as doc. 1012_HA). While it is quite possible that the line is indeed a later addition, Aquileian jurisdiction over Pazin is highly questionable, and later sources confirm that it was the bishops of Poreč who were investing the counts of Gorizia, and later even the (arch)dukes of Austria, with jurisdictions in temporalibus over Pazin. Finally, even “Montona” could be seen as a later interpolation as the toponym should be written in the accusative case as all the other possessions and not in the nominative and because the bishops of Poreč exercised no temporal authority therein.
A look at the Mapped Toponyms field shows that the possessions enumerated before the clumsy phrase ("videlicet Ruvignum... Duo Castella et Valles") form a relatively compact territory stretching from Červar and Tar to the north of Poreč, then moving towards Motovun and embracing fort Nigrinjan (between Tar and Vižinada) plus the two localities in the present-day Vižinada (Ružar and Medelin, both places no longer exist today). Therefore, Margetić's conclusion (cited above) that Emperor Otto II originally confirmed the possession of some territories north of Poreč and south of the river Mirna, but that the list was subsequently “emended” with more places added as the need to legitimize the temporal authority over them arose, seems perfectly plausible.
While it is difficult to ascertain whether Motovun and Pazin were both later emendations or if they were originally included in the 983 charter, it is logical to conclude that Otto II's original confirmation charter was indeed interpolated with the "quod a regibus seu ab Ugone largitum est, videlicet Ruvignum... Duo Castella et Valles" phrase as a response to the centuries-long quarrel between the bishops of Poreč and patriarchs of Aquileia over this disputed territory.
The struggle for this territory had begun in the late 10th century, but numerous forgeries created both by the bishops of Poreč as well as by the patriarchs of Aquileia make fixing the exact chronology of the fateful conflict almost impossible to ascertain.
The documents that form part of this story arc are the following:
1) Charlemagne's donation charter to the patriarchs of Aquileia from 803 (forgery made by the patriarchs of Aquileia – edited here as doc. 803_CMA);
2) Donation charter of Patriarch Rodoald to the bishop of Poreč from 965 (forgery made by the bishops of Poreč – edited here as doc. 965_RP);
3) Confirmation charter and the grant of immunity of Emperor Otto II to the bishop of Poreč from 983 (this document);
4) Confirmation of Charlemagne's 803 charter by Emperor Otto III to the patriarch of Aquileia from 996 (authentic charter, but confirming a forgery – edited here as doc. 996_OA);
5) Sergius IV's papal confirmation of 1010 issued in favor of the bishops of Poreč (authentic papal charter – edited here as doc. 1010_PP);
6) King Henry IV's confirmation charter of 1077 to the Bishopric of Poreč, based on the nowadays lost confirmation charter of Henery II issued between 1004/5, confirming Otto II's 983 (authentic charter, drawn up by the recipient – edited here as doc. 1077_HP);
7) King Henry IV's donation charter to the Patriarchate of Aquileia, bestowing upon the patriarchs the regalian rights over the Bishopric of Poreč with the right to appoint and invest its bishops (authentic royal charter – edited here as doc. 1081_PAP);
8) Alexander III's papal confirmation of 1177 issued in favor of the bishops of Poreč (authentic papal charter, confirming the bishop's ecclesiastical jurisdiction over the disputed territory, but not secular – edited here as doc. 1177_PAP).
In the end, it must be stressed that there is no historical record of the bishops of Poreč practicing their secular jurisdictions over Motovun, Rovinj, Dvigrad or Bale.
Another very likely interpolation is the line “seu in quocumque loco prenominatus Episcopatus terram habet” in the pertinence clause as nothing similar is found in other charters composed by It. K and his predecessor It. I. The line indeed emerges as a unicum in the context of Otto II's diplomata, belonging to the enumeratio bonorum and not to the pertinence clause. Since this charter was used in the late 13th century to prove the lordship of the bishops of Poreč over both the city of Poreč and the neighboring Vrsar - both localities not mentioned in this charter -, the line could have been subsequently added in order to implicitly confirm the episcopal lordship over these two possessions as well.
Notwithstanding the subsequent interpolations, the core of the charter must be judged as authentic, primarily based on the style of the charter that betrays It. K as its composer. Both the “adiisse” instead of “adiit” and “donaverunt” instead of “donata sunt” in the narratio as well as the jumbled and agrammatical clauses in the clausula prohibitiva (nec ad ulla—legali iuditio) most probably stem from It. K's incompetence and sloppiness; he made similar errors in the charter issued to the Chapter of Verona during the same period (MGH DD O II, doc. 305) and he used the same “template” for this charter to the Bishopric of Poreč as he did for the charter issued to the Patriarchate of Aquileia a few days later (MGH DD O II, doc. 304, soon to be edited here as well). See Adolf Fanta, “Excurse zu ottonischen diplomen: Die Notare der italienischen Kanzlei Otto II,” in Mitteilungen des Instituts für Österreichische Geschichtsforschung: Ergänzungsband 2 (Innsbruck 1888), pp. 553–67, esp. pp. 565–67 for It. K.