Era
Vol. 2: A 804 usque ad 1077
Date
2nd of June or 7th of June, 983
Place
Regestum

Emperor Otto II confirms the jurisdictions of the bishops of Poreč and grants them immunities.

Source
The original is lost; the document survives only in much later copies of later copies:
B = Poreč, Biskupijski arhiv, Liber iurium episcopalium I, fols. 13v-14r; a late 15th- or early 16th-century copy, seemingly based on the original, but most probably a copy of another copy; it features the following title: Otto secundus imperator donavit ecclesie Parentine omnia predia, villas et oppida cum civitate Parentii added in the right margin and the following attestation appended at the end: Auscultatum per me Iulium Brusamolinum notarium Ravenne.
C = Poreč, Biskupijski arhiv, Liber iurium episcopalium I, fol. 44r-v; a late 15th- or early 16th-century copy of a copy made by notary Beltram of Milan, the son of Peter Papa, on the 16th of December, 1295.
D = Poreč, Biskupijski arhiv, Liber iurium episcopalium I, fols. 167r-168r; a late 15th- or early 16th-century copy of a copy of King Rudolph's 1291 privilege to the Bishopric of Poreč, where the 983 charter is inserted and confirmed, made in 1421 by notary Zanino of late Manfred de Rubeis of Poreč; it features the following attestation appended to the end: Auscultata fuerunt suprascripta privilegia per me Ioannem Evangelistam Mengolum cancellarium et notarium Ravenne.
Previous Editions
Theodor von Sickel (ed.), Ottonis II. et III. diplomata, Monumenta Germaniae historica, Diplomata regum et imperatorum Germaniae 2 (Hannover 1893), doc. 301, pp. 356-57; reconstructive edition based on BCD.
Ante Matan, "Excerpta manuscripti Canfanariensis: Vladarske listine i papinska povlastica iz kodeksa Monumenta capituli ecclesiae collegatiae sanctae Sophiae Duorum Castrorum ab anno 983-1815," Acta Histriae 21/4 (2013): pp. 521-23; edition based on later manuscript copies from the parish archive of Kanfanar, but with references to B in the critical apparatus.
Mate Križman, “Isprava pape Aleksandra III. iz 1178.: Paleografski i filološki pristup,” in Libri žminjski: Libar drugi, ed. Slavko Krajcar (Žminj 2008), pp. 33-34; based on B and its later copy in Apostolic Archive in Vatican, Segretaria di Stato, Vescovi e Prelati 26, fols. 268r–v.
FIM Edition
Reconstructive edition based on BCD.
Transcription

‡In‡ nomine sancte et individue Trinitatis.a

‡Otto‡b divina favente clementia Romanorum imperatorc augustus.

Si ecclesiarum Dei curam gerimus easque dilatare studuerimus, nostri imperiid fastigiume augmentari minime ambigimusf.

Quocircag omnium sancte Dei Ecclesie fidelium nostrorumque presentium sciliceth et futurorum noverit universitas qualiter, interventu ac peticione nostri dilecti presbiteri Dudonis ac Andree diaconii nostri benivoli capellanij, Adam sancte Parentine ecclesie antistesk nostram adiissel clementiam, postulansm quatenus nosn proo Dei amore nostreque anime remedio, nostra preceptali auctoritatep omnia predia sue ecclesie que antea a nostris antecessoribusq imperatoribus [et]r regibus pro suarum animarum remedio prefate ecclesie donaverunts, qua in basilica sancti beatum corpus Mauri requiescit, sive que ab aliquibus Deo devotis fidelibus data sunt vel quet danda erunt, confirmare et corroborare dignaremur.

Cuius dignis postulationibus auresu nostre pietatis inclinantes pretaxate ecclesiae predia nominative:

[1] ⟨Montona⟩,
[2] Rosarium,
[3] Nigrignanum,
[4] Turrim que est supra piscationemv None,
[5] et illam de Cervaria,
[6] etw ⟨castrum Pisinum⟩,
[7] Medelanum,
[8] ⟨quod a regibus seu ab Ugone largitum est, videlicet Ruvignumx,
[9] quantum ad Episcopatum sanctey Parentine ecclesie donatum est a nostris antecessoribus, videlicet in loco qui dicitur Duo Castella et Vallesz,⟩
cum omnibus pertinentiis suis iuste et legaliter ad predictum Episcopatum pertinentibus necnon villis, terris, campisa', vineis, pratis, aquis aquarumque decursibus, piscationibusb', molendinis, venationibus, montibus, planiciebus, vallibusc', cum omnibus rebus mobilibusd' et immobilibuse' que dici etf' nominari possuntg', ⟨seu in quocumque loco prenominatus Episcopatus terram habet,h'⟩ 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 parvai' persona pretaxatumj' presulem suosque successores de omnibus predictis rebus molestarek' temptet nec ad ullal' placita hominibus supra terram sanctem' Parentine ecclesie residentibus, qui ab episcopo reclamationem habent, sine advocato episcopi nullam contrarietatem faciantn' nec invicteo' ducantur nisi ante presentiamp' presulis sine legali iuditio, sed liceat eidem presuli suisque successoribus quiete etq' pacifice cuncta sua predia tenere et firmiter possidere, omnium hominum contradictione penitus remota.

Si quisr' igitur huius nostre pagine violator fuerit, quod minime credimus, sciats' se compositurum auri boni libras mille, medietatem camere nostre et medietatem prefatot' presuli suisque successoribus.

Quodu', ut verius credatur diligentiusquev' abw' omnibus observetur, hanc paginam propria manu corroborantes sigillix' nostriy' impressione inferius eandem iussimus insigniri.

Signum domini Ottonisz' secundia'' serenissimi imperatoris et invictissimi (SM) augustib''.

Adelbertusc'' cancellarius advicem Petri episcopi et archicancelarii recognovi et scripsi.

Data VII nonas iuniid'' anno Dominice incarnationis DCCCCLXXXIII, indictione XI, regni vero domini secundi Ottonisz' XXVI, imperii vero eius XIIIe''.

Actum Verone.

Feliciter, amen.

Apparato critico

a) In nomine—individue Trinitatis] om. D.  b) Otho D.  c) inmperator C.  d) Inperii C.  e) fastigum C.  f) anbigimus C.  gex quo circha corr. B.  h) silicet C.  i) dyaconi B.  j) papellani C.  kex antistitis corr. B.  lsic BCD: pro adiit.  m) postulant C.  n) quatenus nos] CD; nos quatenus B.  oCD; om. B.pex autoritate corr. B.  q) predecessoribus CD.  rom. BCD; em. Banic.  ssic BCD: pro donata erant.  tom. CD.  uex aueres corr. B.  v) piscatione C.  wom. C.  x) Ruvinum C; Rubinum D.  yCD; sive B.  zC; Vaues cum sign. abbr. supra ultimam syllabam B et ex corr.; Sanctus Vincentius D.  a') canpis C.  b') piscationibus, molendinis] molendinis, piscationibus inv. CD.  c'CD; vallis B.  d') mobillibus C.  e') immobillibus C; imobilibus D.  f') vel CD.  g') nominari possunt] numerari possint D.  h') seu in—terram habet] subsignavit B.  i') magna vel parva] parva vel magna inv. D.  j'ex pretasatum corr. C.  k') molestaret C.  l'D; nulla B; ussa C.  m'CD; eidem B.  n'CD; facient B.  o'sic B: pro invite, sicut em. Sickel; in iure CD.  p') presentia C.  q'CD; om B.  r'CD; qui B.  s'ex corr. B.  t') prefacto C.  u'CD; quo B.  v'CD; dilligentisque B.  w'CD; ob B.  x'CD; sigillum B.  y'CD; om. B.  z') Otthonis B; Othonis D.  a''CD; om. B.  b'') augustini C.  c''CD; Adalbertus B.  d'') VII nonas iunii] sic BCD: sive pro IIII nonas iunii sive pro VII idus iunii.  e''sic BCD: pro XVI.

Translation

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 legally oppose the people residing on the land of the holy Church of Poreč, who file their complaints to the bishop [and who] may not be brought to trial against their will [before anyone] except before the bishop, without the bishop’s advocate [and] without legal judicial process,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, 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 21st 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 be present during these "legal judicial processes", 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 courts. 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 [et qui non] invite ad ulla placita ducantur nisi ante presentiam presulis, sine advocato episcopi [et] sine legali iuditio faciant."

Medieval Recollections

King Rudolph I's 1291 confirmation charter to the Bishopric of Poreč - soon to be edited here.

The charter would be used as a model for two 13th-century forgeries: Patriarch Wolfger's confirmation charter to the Bishopric of Poreč (edited here), and Henry III or IV 1060 or 1077 confirmation charter to the Bishopric of Poreč (edited here).

Mapped Toponyms

Selected Bibliography
Lujo Margetić, "Iz pazinske prošlosti (u povodu tisućljeća prvog spomena Pazina),” in Istra i Kvarner: Izbor studija (Rijeka 1996), pp. 147-154."
Ana Jenko Kovačić, "Iurium Episcopalium Liber I.poreške škofije: Predstavitev, tipološka opredelitev in analiza kodeksa," Zgodovinski časopis 74/3-4 (2020): pp. 328-59, esp. pp. 336, 339, 343.
Editor's Notes

The charter is only preserved in later copies, the oldest of which are the three featured in the late 15th- or early 16th-century Liber iurium episcopalium I of the Bishopric of Poreč (on which see Jenko Kovačić, cited above). Thus, the potential for possible later interpolations is extremely high, especially 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. 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.

Another problem is the fact that the dating elements do not concur with themselves: the year 983 anno Domini indeed concurs with the 11th indiction, but the years of Otto II's reign concur with the years 984 (26th of his kingship, crowned king in May of 961) and 980 (13th of his emperorship, crowned co-emperor in December of 967). The correct years should be 25th of his kingship and the 15th year of his emperorship. However, the Italian chancellery, responsible for the issuing of this charter as well, had begun dating the year 982 with the 25th year of kingship and 15th of his emperorship and continued with this practice; thus, all the charters issued by Otto II's Italian chancellery in 983 are dated with the 26th year of his kingship and the 16th year of his emperorship. Bearing this practice in mind, the easiest way to solve the discordant dating elements of the hereby edited charter is to presuppose 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 of Italian chancellery, 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 "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, see it edited here). While it is quite possible that the line is indeed a later addition as the charter only speaks of praedia, not of castra, 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. The flow of the text, however, points toward "castrum Pisinum" being interpolated between "et" and "Medelanum". Finally, even "Montona" (which should be written in the accusative case as all the other possessions) could be seen as a later interpolation as Motovun was also a castrum at this point and 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 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 patriarch's of Aquileia from 803 (forgery made by the patriarchs of Aquileia – see the document here);
2) Donation charter of Patriarch Rodoald to the bishop of Poreč from 965 (forgery made by the bishops of Poreč – see the document here);
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 – see the document here);
5) Sergius IV's papal confirmation of 1010 issued in favor of the bishops of Poreč (authentic papal charter – see the document here);
6) King Henry IV's highly dubious confirmation charter of 1077(?) to the Bishopric of Poreč, confirming Otto II' 983 charter (problematic charter, most probably a forgery – see the document here);
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 – see the document here);
8) Alexander III's papal confirmation of 1177 issued in favor of the bishops of Poreč (authentic papal charter, confirming the bishop's spiritual jurisdiction over the disputed territory, but not secular – see the document here).

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 and the line truly emerges as a unicum in the context of Otto II's chancellery. 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 erunt" in the narratio as well as the jumbled and agrammatical clauses in the clausula prohibitiva (nec ad ullalegali 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.

How to Cite
First citation: Josip Banic (ed.), Fontes Istrie medievalis, vol. 2: A 804 usque ad 1077, doc. 983_OP, fontesistrie.eu/983_OP (last access: date).
Subsequent citations: FIM, 2: doc. 983_OP.