Carta Restaurationis Capituli Sancti Stephani

APPENDIX I. CHARTER OF THE RESTORATION OF THE CHAPTER OF SAINT STEPHEN. Since it seems exceedingly shameful to clothe the lower parts of the body with splendid garments, but to make the upper parts base by leaving their surface uncovered, I have considered it worthwhile first to adorn the summit of the whole body, and then thereafter to fortify the subsequent parts with fitting vestments. Therefore, let the faithful people of the Catholic Church know that I, Hugo, Archbishop of Crisopolis, both out of love for the supreme judgment, wherein lies the beginning of good will, and out of the same fear of it, wherein consists the beginning of wisdom, as well as for the sake of my soul and also that of my predecessor, Lord Valcherius, who received me when I was renewed by the waters of sacred baptism and thereafter bestowed all his affection upon me, have determined how I might give as a common stipend a portion of those things which were held in my dominion, and which I was able to acquire from the hands of others, to the church of the protomartyr Stephen and to the canons of that place dwelling there and serving daily.

The place itself, which was already deprived of the solace of the clergy—that is, the entire body of canons—serving under the rule of Christ for the blessed John the Evangelist, seemed to me unseemly, since the head of the entire archbishopric, which is exalted by the most precious gift of the relics of the blessed Stephen, adorned by the head of Saint Agapitus, and strengthened by the aid of many saints, was failing in daily praises, thwarted by oblivion, and finally the common lack was pressing the brothers with expense. Therefore, I arranged for canons to serve at the aforementioned place, who, living a fraternal life under the norm of ecclesiastical religion, and there rendering worthy services to the Most High King and the blessed protomartyr Stephen, to the praise and glory of all the saints, with remembrance of myself, my predecessor Valtherius, and all those resting there. I gave, moreover, for the support of the common table, which I held in my own domain, one church, dedicated in honor of Saint Leodegar, situated in the county of Port, in the village called Villiacus [Vieilley], with its altar, all appurtenances, namely vineyards and fields. I also conferred upon them one church built in the city in honor of Saint Quintinus, to which I arranged that the archbishop's tithes and the burials of pilgrims should pertain.

I also gave them another church consecrated in honor of Saint Martin, situated in the Varais district, in the village which is called Terceniacus [Tarcenay]; which had been given to blessed Stephen from ancient times by Archbishop Berengar; but later, by his successor Girfred, it was granted through a precaria to a certain knight named Furcardus, and was possessed by his heirs for a period of many years; finally, from a certain cleric named Rodulphus, who then presided over it, I received it through my labor and ingenuity, and I handed it over, together with the altar and all appurtenances, to the clergy of the aforementioned place to be possessed. Also, one mill within our city, situated at the foot of the mountain on the western side, not far from the church of Blessed Mary of Jussani Monastery, not built on ships but founded upon rock, received from the hands of the above-named cleric, I decreed should be joined to the earlier gift.

I also gave them one of my fields in full domain, which in the vernacular they call a condamina, [Tenu en plain domaine] enclosed on all sides by a mountain and a river, which, although it is adorned with a spacious plain, nevertheless opens the entrance or exit of its two gorges only by a narrow passage, one of which provides very easy access to the city. [Prairie de Vaux, or the meadow of La Teur.] I also placed under the dominion of the aforementioned canons a mill on the Lignon River, in the village called Cussiacus, situated under the bridge, namely where the river is crossed, and the toll [Droit de péage] which is exacted there when the river swells, along with all the above-written properties. Therefore I, Archbishop Hugo, in the name of the Lord and the whole celestial Hierarchy, warn, and as one having the power of binding, I have forbidden with the pontifical sword, that any of my successors should presume in any way, or dare to infringe this gift of mine. If anyone should wish to overturn it, let him become like Midian, Sisera, Oreb, Zeb, etc., and like any of those who overwhelmed the blessed protomartyr Stephen with thrown stones, and who, without repentance, in their unbelief, shed their outer human form.

But so that this donation may remain more firmly in the future, I have confirmed it with my own hand and marked it with the impression of my seal. I, Hugh, archbishop, have confirmed it with my own hand. Seal of Gibuin, archdeacon and cantor. Seal of Wido, archdeacon. Seal of Raald, archdeacon. Seal of Manegaud, dean. Seal of Albert, abbot. Seal of Husico, canon. Seal of Dudin, canon. Seal of Beroald, casatus. Seal of Warner, casatus. Seal of Rainer, viscount. Seal of Theodoric, chancellor. Seal of Gotbert, scribe, who wrote this charter. I, Hugh, bishop of Langres, have confirmed this charter with my own hand; and lest anyone attempt to corrupt this gift, I have forbidden it under the sword of excommunication. Done at Besançon, on the Ides of August, in the reign of our Lord Jesus Christ. Leo, bishop, servant of the servants of God, to Hugh, archbishop of the holy Church of Chrysopolis, and to his successors in perpetuity. We give thanks to God and to our Lord Jesus Christ, who, though by no preceding merits of our own, has yet raised us to the summit of the apostolic see; whence it seems to pertain to the care of our apostolate to bear solicitude for all churches and to increase their honor.

Since, however, most blessed brother, you have requested from the Roman See that the goods which the clemency of the Almighty has brought to the Church divinely entrusted to you in your times be strengthened by our authority, it has pleased us to consent to your petition according to your wish, especially since that same sacred place over which, by God’s arrangement, you seem to preside shines with such great dignity that it has been elevated not only by the authority of the archiepiscopal see but also strengthened by the privileges of many apostolic fathers, remaining distinguished with the reverence of its equity preserved. To this, the exultation of a greater title also invites us, because the aforementioned place is adorned by the patronage of the protomartyr Stephen, whose arm’s pledge, an inestimable treasure, a desirable gift, it preserves; and, to speak more truly, we have beheld with our own eyes the bone of that same most sacred pledge shattered by the blows of the stoning Jews, when we deposited it within the altar which we consecrated in your presence, with our confrères and fellow bishops Alinard, archbishop of Lyon, George, archbishop of the Hungarian Church of Colossae, as well as Kilin, bishop of Sutri, Frederick of Geneva, Guy of Chalon, Walter of Mâcon, and also abbots and honorable clerics of reverend sanctity, with an infinite multitude of laity present; and you added in the tenor of your prayers that, since the altar had been consecrated by our hands, it might obtain some dignity from the apostolic see.

Therefore, inclined by your just prayers, we have not delayed in granting you the ascent of piety. We therefore confirm, through this page of our precept, all the goods which either your industry or the devotion of any of the faithful have bestowed. Finally, we decree that, for the honor of our protomartyr, upon the aforementioned holy altar, Mass is to be celebrated only once a day; and no one is to presume to approach it to celebrate Mass unless the archbishop of the place has designated him for this purpose with the consent of the brothers; namely, seven of the brothers of that congregation, who are chosen for their better life, are to be called cardinals; one of whom is to be the dean of that same church, and just as he is greater in the congregation, so he is to excel in prior dignity.

Therefore, whoever celebrates mass there shall wear a dalmatic, and only then dare to celebrate with all reverence and religion; they shall also use sandals and a mitre, both the priest himself and the deacon, as well as the subdeacon, on the feasts of our Lord and Saviour, and of the blessed Mother of God, and of Saint Michael the Archangel, and on the birthdays of the apostles and of the holy martyrs Stephen, Vincent, Agapitus (whose head we have deposited with the arm of Saint Stephen in the same altar), and of the blessed Ferreolus and Ferrucius, and on the feast of All Saints and the dedication of that same place; just as we deny this to all bishops and abbots, unless they happen to be invited; establishing by apostolic censure that no one of ecclesiastical order dare to infringe any of these things. We confirm, moreover, under our apostolic protection, that no emperor, or king, duke, count, viscount, archbishop, bishop, or any power of whatever order, dare to go against this shield of apostolic defence, or to diminish anything from the goods of the Church which pertain to the prebend of the brothers, or to give them as a benefice to anyone. If, however, any of these things which it possesses should be declared contentious by anyone, no one may seize it before the determination of that matter has been made judicially. If anyone, moreover, should attempt to come against this apostolic bulwark with rash audacity, let him be struck by the sword of our anathema, unless he comes to his senses.

But whoever has kept this command shall merit the fullness of our blessing. Given on the third Ides of January through the hand of Wido of Toul, first chancellor of the holy apostolic see, in the second year of Pope Leo IX, the third indiction. [1049.] Henry, by divine favour Augustus, Emperor of the Romans. If we incline our ears to the just petitions of our faithful, we undoubtedly believe it will benefit the state of the republic and our own honour. For whenever we are asked by prayers of equity, we ought to offer ascent out of piety. Therefore, let the knowledge of all present and also of those in future ages know how the venerable Hugh, archbishop of the holy Church of Saint-Chrysogonus, most beloved to us, approached our clemency, humbly beseeching that the goods which he had conferred and acquired for his church, in honour of the protomartyr of Christ, shining on the mountain, be confirmed by our imperial authority; considering his petition as much useful as honourable, we thought it would be a sin if we did not satisfy him according to his wish; for such a great church, worthy of veneration with all religious devotion, due to the carelessness and negligence of previous ill-living men, was held by almost everyone as the most vile.

But after divine mercy promoted the aforementioned bishop of that place, he began to grieve over such great miseries, to heave tearful sighs, because he had a wrinkled and decaying Bride, deserted and prostrate; and soon, having invoked the heavenly name, he began to gather from various places how he might cast off the wrinkled garments of the widowed Bride of the Church. At length, having assembled resources from his patrimony and own right, as well as from the goods of the Church, he established a house for fifty brothers, for whom he did not appoint a provost, but decreed that they should choose from among themselves a dean who would prefer to preside for the benefit of the canons rather than to be useful for domestic hardship. Therefore, at the intervention of our beloved fellow-consort Agnes, august empress of the Romans, as well as of our most faithful archbishop of the aforesaid church, we approve and confirm whatever he has bestowed upon it, or whatever it may be able to acquire in the future from any persons. We confirm to them half of the offerings that are made at the altar of Saint Stephen and the Arm: the archbishop shall have the other half, for the restoration of the church.

The church of Saint Hippolytus of Villette and the whole altar, with the tithes, lands, and all appurtenances. The church of Saint Quintinus in the city, to which belong all the archbishop's tithes in all respects and the burials of pilgrims. The church of Saint Leodegar of Villiacum, with the altar, tithes, vineyards, fields, meadows, and all appurtenances. The chapel of Saint Justinus of Camborniacum, with the altar, and the allod which Archbishop Hector acquired there for Saint Stephen. The court of Vicus, with the altar, church, tithes, fields, meadows, woods, mills, waters, watercourses, and all appurtenances. The church of Saint Stephen of Noiretum, half of the tithes and the whole altar. The church of Saint Martin of Therceniacum, with the altar, tithes, and all appurtenances. At Montem Rotundum, whatever Saint Stephen is seen to have there.

Similarly, the church of Saint Anatholius of Salins, with its altar, tithes, vineyards, fields, woods, mills, male serfs, female serfs, and all that it had acquired in the time of the canons and afterwards of the monks. In this church of Saint Anatholius, the aforementioned archbishop had established the order of canons before his episcopate; afterwards, having become bishop, at the request of his mother who was staying at that church, he changed the order and granted it to the monks of Dijon. Hearing that the property of our church had been transferred to a church of another kingdom and diocese, we indeed took it amiss, commanding under pain of losing our favor that, as was right, it should return to whose altar it belonged. Henceforth, let the church possess what it has received by right. The church of Saint John of Salins, with its altar and all appurtenances. The archbishop himself held these churches as a benefice from his predecessor Walcherus; nor should anyone believe that they came from a paternal benefice, even though they had come to him from a certain Odo, a canon of Besançon, who made him his heir, and thus, while still a boy, he received them from the hand of the archbishop.

The little village of A(??)lo in the same valley, with its small wood, vineyards, and all appurtenances; four salt-pans for making salt with their own sites, which are commonly called Rauche; the estate which Herpinus held by precaria, with male serfs, female serfs, cultivated and uncultivated lands: the church in honor of Saint Stephen of Chamblay, with its altar, tithes, fishing rights, and lands. His father gave this to him as a benefice to have for his lifetime, but after his father's death he was to grant it to the church for his father's soul. In Groson, the altar and whatever the protomartyr is seen to have, in lands, meadows, male serfs and female serfs, salt-pans with their sites. Two manses in the valley of Capey, with all appendages. Another two at Vorge, with vineyards, lands, and all appurtenances. A mill in the city, which is Terragniolum; the vineyards of Odo Capey; a damp manse at Majodorum; vineyards near the Arch, new and old; one mill at Cussiacum, with the toll which is exacted when the river swells; two manses in Noiretum and in Judicium.

These and other things which the church had we confirm, and we strengthen that which it will be able to acquire in the future from its own or from another; decreeing that neither the bishop, nor any power of any order, give anything as a benefice, but that all things come to the table of the brothers; we praise and continue that they have the power to leave their houses to whatever canon of the place they wish, to give, sell, exchange; if indeed a brother should die intestate, by common consent it shall be given to whichever brother is in need. That this may remain ratified and firm, we have ordered it to be marked with the impression of our seal. Seal of the lord Henry, most invincible king, third of the Germans, second Augustus of the Romans, first of the Burgundians; Hugh, archchancellor of Burgundy and archbishop, recognized. Given on the fifth day before the Ides of July in the year of the Lord's Incarnation 1049, second indiction, the 21st of his ordination. Of the lord Henry, third most invincible king, first of his reign. Done at Aachen happily. Amen.

In the year 1053, under Archbishop Hugh, the venerable bones of the holy martyrs Ferreolus and Ferrucius were translated from the monastery situated outside the city to the metropolitan church of Saint John, although some portion of them was left in the church of the said monastery and decently deposited in a stone chest of the high altar, as is reported in the charter of translation in these words. Thus, with the monastery long remaining in its state, the sins of the people causing it, by God's permission, whose judgments are hidden, the negligence of the abbots pressing upon it, it came to pass that, just as it had been a dwelling of the highest religion, so it became a den of irreligion; for, with the estates belonging to that place handed over as a benefice at the will of a certain ill-advised president to laymen, it so quickly collapsed that, with the congregation destroyed, for the service of the blessed martyrs, except for a very few ignorant and unteachable priests, no one remained. Therefore, when in the common ruin of the whole fatherland the holy martyrs lay exposed and in plain sight (indeed, whom thieves from Francia were attempting to carry off for the destruction of Burgundy), the eternal piety of Christ, not allowing its people to be deprived of such great patronage, preserved them for us so long not by human guard, not by enclosure of walls, not by any strength of that place, but by its own admirable grace.

Therefore, in the time of Emperor Henry II, Lord Archbishop Hugh, to whom this supreme danger had been made known by the diligence of friends, secretly cherished the intention of transferring them to the city, but sought a suitable opportunity for doing so. Finally, on the third day before the Kalends of June, which was the morrow of the Ascension of the Lord, the archbishop ordered that, for the sake of prayer, the clergy and people (as was their custom) should go, while he himself came and celebrated Mass with solemnity, to the tomb where lay the two glorious luminaries of heaven, the twin brothers illuminating the homeland, bestowing peace upon the nations, and freeing the people of God. When the sarcophagus was opened, an inestimable fragrance of sweetness filled the whole church, signifying the presence of God. Some of those who were present, seeing their bones, were seized with divine awe, as if held in ecstasy. One could see the clergy and people mingled together, drenched with a shower of tears of joy, rejoicing together in the praises of God. It was a marvelous sight: such a great multitude, though no one had been summoned, suddenly gathered there, so that no one ever remembered so many having assembled in so brief a moment of time—not only citizens, not only inhabitants of the vicinity, but people hastening from distant and far-off regions.

Of these most sacred bodies, the lord metropolitan, by the shrewd counsel of this man, placed the smaller portion under the principal altar there for the preservation of the place that had been dedicated in their honor; the larger portion, which would always be a protection to him, he brought to the city with hymns and praises, and deposited it in the altar of the most blessed Mother of God Mary in the church of John the Evangelist, where the glorious martyrs provide divine refuge to those who flee to them, and patronage to those who seek it; to the praise of the Lord, to whom is honor and glory forever and ever. Amen.