The Online Library of Liberty

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• Preface
• I.: The Germans and the Empire to 1073
• 1.: Selections From the Germania of Tacitus, Ca. 100 Ad
• 2.: Procopius, Vandal War. (greek.)
• 3.: Procopius, Gothic War. (greek.)
• 4.: The Salic Law.
• 5.: Selections From the History of the Franks, By Gregory of Tours.
• 6.: The Coronation of Pippin, 751.
• 7.: Einhard’s Life of Karl the Great.
• 8.: The Imperial Coronation of Karl the Great, 800.
• 9.: General Capitulary About the Missi, 802.
• 10.: Selections From the Monk of St. Gall.
• 11.: Letter of Karl the Great to Baugulf, Abbot of Fulda, 787.
• 12.: Letter of Karl the Great In Regard to the Two Books of Sermons Prepared By Paul the Deacon, Ca. 790.
• 13.: Recognition of Karl By the Emperors At Constantinople, 812.
• 14.: Letter of Karl to Emperor Michael I, 813.
• 15.: Letter to Ludwig the Pious Concerning the Appearance of a Comet, 837.
• 16.: The Strassburg Oaths, 842.
• 17-18.: the Treaty of Verdun, 843.
• 17.: Annales Bertiniani.
• 18.: Regino.
• 19.: The Treaty of Meersen, 870.
• 20.: Invasions of Northmen At the End of the Ninth Century.
• 21.: Invasion of the Hungarians, Ca. 950.
• 22.: Dissolution of the Empire.
• 23.: The Coronation of Arnulf, 896.
• 24, 25.: Rise of the Tribal Duchies In Germany, Ca. 900.
• 24.: Saxony.
• 25.: Suabia.
• 26.: Henry I and the Saxon Cities, 919-36.
• 27.: The Election of Otto I, 936.
• 28.: Otto I and the Hungarians.
• 29.: The Imperial Coronation of Otto I, 962.
• 30-31.: the Acquisition of Burgundy By the Empire, 1018-1032.
• 30.: Thietmar of Merseburg.
• 31.: Wipo, Life of Conrad II.
• 32.: Henry Iii and the Eastern Frontier, 1040 to 1043.
• II.: The Papacy to the Accession of Gregory Vii, 1073
• 33.: Legislation Concerning the Election of Bishops, Fourth to the Ninth Century.
• 34.: The Pope Must Be Chosen From the Cardinal Clergy of Rome, 769.
• 35.: The Petrine Theory As Stated By Leo I, 440-61.
• 36.: The Emperor Gives the Pope Authority In Certain Secular Matters.
• 37.: The Emperor Has the Right to Confirm the Election of the Bishop of Rome, Ca. 650. a Letter From the Church At Rome to the Emperor At Constantinople, Asking Him to Confirm the Election of Their Bishop.
• 38.: A Letter From the Church At Rome to the Exarch At Ravenna, Asking Him to Confirm the Election of Their Bishop, Ca. 600.
• 39.: Gregory I Sends Missionaries to the English, 596.
• 40.: The Oath of Boniface to Pope Gregory Ii, 723.
• 41-42.: the Rebellion of the Popes Against the Emperor.
• 41.: Letter of Pope Gregory Ii to the Emperor, Leo Iii, 726 Or 727.
• 42.: Gregory Iii Excommunicates All Iconoclasts, 731 Ad
• 43.: The Pope, Gregory Iii, Asks Aid of the Franks Against the Lombards, 739. A Letter of Gregory Iii to Karl Martel.
• 44-46.: the Acquisition of Land By the Pope.
• 44.: Promise of Pippin to Pope Stephen Ii, 753-54.
• 45.: Donation of Pippin, 756.
• 46.: Promise of Charles to Adrian I, 774.
• 47.: Karl the Great Declares the Pope Has Only Spiritual Duties, 796. Letter of Karl to Leo III.
• 48.: Karl the Great Exercises Authority In Rome, 800.
• 49.: The Oath of Pope Leo Iii Before Karl the Great, 800.
• 50.: The Oath of the Romans to Ludwig the Pious and Lothar, 824.
• 51.: The Emperor Admits the Right of the Pope to Confer the Imperial Title. Passages From a Letter of Ludwig Ii, Emperor, to Basil, Emperor At Constantinople, 871.
• 52.: The Pope Enacts That Papal Elections Must Take Place In the Presence of the Emperor’s Representatives. Enactment of a Roman Synod Held By John Ix, 898.
• 53.: The Oath of Otto I to John Xii, 961.
• 54.: Otto I Confirms the Pope In the Possession of His Lands, 962.
• 55.: Leo Viii Grants the Emperor the Right to Choose the Pope and Invest All Bishops, 963.
• 56.: The Pope Confers the Royal Title. a Letter of Pope Sylvester Ii to Stephen of Hungary, 1000.
• 57.: The Emperor, Henry Iii, Deposes and Creates Popes, 1048.
• 58.: The Pope Becomes the Feudal Lord of Southern Italy and Sicily, 1059. The Oaths of Robert Guiscard to Pope Nicholas Ii, 1059.
• 59.: The Papal Election Decree of Nicholas Ii, 1059.
• III.: The Struggle Between the Empire and the Papacy, 1073-1250
• 60-64.: Prohibition of Simony, Marriage of the Clergy, and Lay Investiture, 1074-1123.
• 60.: Prohibition of Simony and of the Marriage of the Clergy, 1074 Ad
• 61.: Simony and Celibacy. the Roman Council, 1074.
• 62.: Celibacy of the Clergy. Gregory Vii, 1074.
• 63.: Action of the Ninth General Council In the Lateran Against the Marriage of the Clergy, 1123 Ad
• 64.: Prohibition of Lay Investiture, November 19, 1078.
• 65.: Dictatus Papæ, Ca. 1090.
• 66.: Letter of Gregory Vii to All the Faithful, Commending His Legates, 1074.
• 67.: Oath of the Patriarch of Aquileia to Gregory Vii, 1079 Ad
• 68-73.: Gregory Vii Exercises Secular Authority.
• 68.: The Oath of Fidelity Which Richard, Prince of Capua, Swore to Gregory Vii, 1073.
• 69.: Letter of Gregory Vii to the Princes Wishing to Reconquer Spain, 1073.
• 70.: Letter of Gregory Vii to Wratislav, Duke of Bohemia, 1073.
• 71.: Letter of Gregory Vii to Sancho, King of Aragon, 1074.
• 72.: Letter of Gregory Vii to Solomon, King of Hungary, 1074.
• 73.: Letter of Gregory Vii to Demetrius, King of the Russians, 1075.
• 74-81.: Conflict Between Henry Iv and Gregory VII.
• 74.: Letter of Gregory Vii to Henry Iv, December, 1075.
• 75.: The Deposition of Gregory Vii By Henry Iv, January 24, 1076.
• 76.: Letter of the Bishops to Gregory Vii, January 24, 1076.
• 77.: The First Deposition and Excommunication of Henry Iv By Gregory Vii, 1076.
• 78.: The Agreement At Oppenheim, October, 1076.
• 79.: Edict Annulling the Decrees Against Pope Gregory.
• 80.: Letter of Gregory Vii to the German Princes Concerning the Penance of Henry Iv At Canossa, Ca. January 28, 1077.
• 81.: The Oath of King Henry.
• 82.: Countess Matilda Gives All Her Lands to the Church, 1102.
• 83.: The First Privilege Which Paschal Ii Granted to Henry V, February 12, 1111.
• 84.: The Second Privilege Which Paschal Ii Granted to Henry V, April 12, 1111.
• 85-86.: Concordat of Worms, 1122.
• 85.: The Promise of Calixtus II.
• 86.: The Promise of Henry V.
• 87.: Election Notice, 1125.
• 88.: Anaclete Ii Gives Roger the Title of King of Sicily, 1130.
• 89.: The Coronation Oath of Lothar Ii, June 4, 1133.
• 90.: Innocent Ii Grants the Lands of the Countess Matilda As a Fief to Lothar Ii, 1133.
• 91.: Letter of Bernard of Clairvaux to Lothar Ii, 1134.
• 92.: Letter of Bernard to Conrad Iii, 1140.
• 93.: Letter of Conrad Iii to the Greek Emperor, John Comnenus, 1142.
• 94.: Letter of Wibald, Abbot of Stablo, to Eugene Iii, 1159.
• 95.: Letter of Frederick I to Eugene Iii, Announcing His Election, 1152.
• 96.: Answer of Eugene Iii, May 17, 1152.
• 97.: Treaty of Constance, 1153.
• 98.: The Stirrup Episode, 1155.
• 99.: Treaty Between Adrian Iv and William of Sicily, 1156.
• 100-102.: the Besançon Episode, 1157.
• 100.: Letter of Adrian Iv to Frederick, September 20, 1157.
• 101.: Manifesto of the Emperor, October, 1157.
• 102.: Letter of Adrian Iv to the Emperor, February, 1158.
• 103.: Definition of Regalia Or Crown Rights, Given At the Diet Held On the Roncalian Plain, 1158.
• 104.: Grounds For the Quarrel Between Adrian Iv and Frederick I. Letter of Eberhard, Bishop of Bamberg, to Eberhard, Archbishop of Salzburg, 1159.
• 105-107.: the Disputed Papal Election of 1159.
• 105.: Letter of Alexander Iii About His Election, 1159.
• 106.: Letter of Victor Iv to the German Princes, 1159.
• 107.: The Account of the Election As Given By Gerhoh of Reichersberg, Ca. 1160.
• 108.: The Preliminary Treaty of Anagni Between Alexander Iii and Frederick I, 1176.
• 109.: The Peace of Constance, January 25, 1183.
• 110.: The Formation of the Duchy of Austria, 1156.
• 111.: The Bishop of Würzburg Is Made a Duke, 1168.
• 112.: Decree of Gelnhausen, 1180.
• 113.: Papal Election Decree of Alexander Iii, 1179.
• 114-115.: Supremacy of the Papal Power.
• 114.: Innocent Iii to Acerbius, 1198.
• 115.: The Use of the Pallium. Innocent Iii to the Archbishop of Trnova (in Bulgaria), 1201.
• 116-118.: the Punishment of Heretics.
• 116.: Innocent Iii to the Archbishop of Auch In Gascony, 1198.
• 117.: Innocent Iii Commands All In Authority to Aid His Legates In Destroying Heresy, 1198.
• 118.: Confiscation of the Property of Heretics. Innocent Iii to the King of Aragon, 1206.
• 119.: Innocent Iii Commands the French Bishops to Punish Usury, 1198.
• 120.: Innocent Iii Forbids Violence to the Jews, 1199.
• 121.: Innocent Iii to the Archbishop of Rouen, 1198.
• 122.: Innocent Iii to a Bishop, Forbidding Laymen to Demand Tithes of the Clergy, 1198.
• 123-125.: the Secular Power of Innocent III.
• 123.: The Prefect of Rome Takes the Oath of Fidelity to the Pope, 1198.
• 124.: John of Ceccano’s Oath of Fidelity to Innocent Iii, 1201.
• 125.: Innocent Iii Commands the Archbishop of Messina to Receive the Oaths of Bailiffs In Sicily, 1203.
• 126.: Innocent Iii Commands the English Barons to Pay Their Accustomed Scutage to King John, 1206.
• 127.: Innocent Iii to Peter of Aragon, 1211.
• 128.: Innocent Iii Grants the Title of King to the Duke of Bohemia, 1204.
• 129.: Innocent Iii Rebukes the English Barons For Resisting King John of England, 1216.
• 130.: Decision of Innocent Iii In Regard to the Disputed Election of Frederick Ii, Philip of Suabia, and Otto of Brunswick, 1201.
• 131.: Treaty Between Philip, King of Germany, and Philip Ii, King of France, 1198.
• 132.: Alliance Between Otto Iv and John of England, 1202.
• 133.: Concessions of Philip of Suabia to Innocent Iii, 1203.
• 134.: Promise of Frederick Ii to Innocent Iii, 1213.
• 135.: Promise of Frederick Ii to Resign Sicily After His Coronation As Emperor, 1216.
• 136.: Concessions of Frederick Ii to the Ecclesiastical Princes of Germany, 1220.
• 137.: Decision of the Diet Concerning the Granting of New Tolls and Mints, 1220.
• 138.: Frederick Ii Gives a Charter to the Patriarch of Aquileia, 1220.
• 139.: Statute of Frederick Ii In Favor of the Princes, 1231-2.
• 140-142.: Treaty of San Germano, 1230.
• 140.: The Preliminary Agreement.
• 141.: Papal Stipulations In the Peace of San Germano, 1230.
• 142.: Letter of Gregory Ix About the Emperor’s Visit to Him After the Peace of San Germano, 1230.
• 143-144.: the Final Struggle Between Gregory Ix and Frederick II.
• 143.: Papal Charges and Imperial Defence, 1238.
• 144.: The Excommunication of Frederick Ii, 1239.
• 145.: Current Stories About Frederick II.
• IV.: The Empire From 1250 to 1500
• 146.: Diet of Nürnberg, 1274.
• 147.: The German Princes Confirm Rudolf’s Surrender of All Imperial Claims In Italy, 1278-79.
• 148.: Revocation of Grants of Lands Belonging to the Imperial Domain, 1281.
• 149.: An Electoral “letter of Consent,” 1282.
• 150.: Letter of Rudolf to Edward I, King of England, Announcing His Intention of Investing His Sons With Austria, Etc., 1283.
• 151.: Decree Against Counterfeiters, 1285.
• 152.: The Beginning of the Swiss Confederation, 1290.
• 152 A.: Edict of Rudolf, Forbidding Judges of Servile Rank to Exercise Authority In Schwyz, 1291.
• 153.: Concessions of Adolf, Count of Nassau, to the Archbishop of Cologne In Return For His Vote, 1292.
• 154.: The Archbishop of Mainz Is Confirmed As Archchancellor of Germany, 1298.
• 155.: Declaration of the Election of Henry Vii, 1308.
• 156.: The Supplying of the Office of the Archchancellor of Italy, 1310.
• 157.: The Law “licet Juris” of the Diet of Frankfort, August 8, 1338.
• 158-159.: the Diet of Coblenz, 1338.
• 158.: Chronicle of Flanders. (french.)
• 159.: Chronicle of Henry Knyghton.
• 160.: The Golden Bull of Charles Iv, 1356.
• 160 a and 160 B.: the Acquisition of the Mark of Brandenburg By the Hohenzollern Family, 1411.
• 160 A.: the Cities of the Mark Make Complaints to Sigismund, 1411. ( German. )
• 160 B.: Sigismund Orders the People of the Mark to Receive Frederick of Hohenzollern As Their Governor, 1412. ( German. )
• V.: The Church From 1250 to 1500
• 161.: Bull of Nicholas Iii Condemning All Heretics, 1280.
• 162.: The Bull “clericis Laicos” of Boniface Viii, 1298.
• 163.: Boniface Viii Announces the Jubilee Year, 1300.
• 164.: The Bull “unam Sanctam” of Boniface Viii, 1302.
• 165.: Conclusions Drawn By Marsilius of Padua From His “defensor Pacis.”
• 166.: Condemnation of Marsilius of Padua. 1327.
• 167.: The Beginning of the Schism. the Manifesto of the Revolting Cardinals. Aug. 5, 1378.
• 168.: The University of Paris and the Schism, 1393.
• 169.: The Council of Pisa Declares It Is Competent to Try the Popes. 1409.
• 170.: An Oath of the Cardinals to Reform the Church. Council of Pisa, 1409.
• 171.: The Council of Constance Claims Supreme Authority, 1415.
• 172.: Reforms Demanded By the Council of Constance, 1417.
• 173.: Concerning General Councils. the Council of Constance, 39th Session, October 9, 1417.
• 174.: Pius Ii, By the Bull “execrabilis,” Condemns Appeals to a General Council, 1459.
• 175.: William Iii of Saxony Forbids Appeals to Foreign Courts, 1446.
• 176.: Papal Charter For the Establishment of the University of Avignon, 1303.
• 177.: Popular Dissatisfaction That the Church Had So Much Wealth, Ca. 1480.
• 178.: Complaints of the Germans Against the Pope, 1510.
• 179.: Abuses In the Sale of Indulgences, 1512.
• VI.: Feudalism
• 180.: Form For the Creation of an Antrustio By the King.
• 181.: Form For the Suspending of Lawsuits.
• 182.: Form For Commendation. Middle of Eighth Century.
• 183.: Form By Which the King Allows a Powerful Person to Undertake the Cases of a Poor Person.
• 184-188.: Dependent Tenure of Land.
• 184.: Form For the Gift of Land to a Church to Be Received Back By the Giver As a Benefice.
• 185.: Form For a Precarial Letter.
• 186.: Form of Precarial Letter.
• 187.: Form of Precarial Letter.
• 188.: Gift of Land to Be Received Back and Held In Perpetuity For a Fixed Rent.
• 189.: Treaty of Andelot, 587.
• 190-194.: Grants of Immunity.
• 190.: Precept of Chlothar Ii, 584-628.
• 191.: Grant of Immunity to a Monastery, 673.
• 192.: Form of a Grant of Immunity to a Monastery.
• 193.: Form By Which the King Granted Lands With Immunity to Secular Persons.
• 194.: Grant of Immunity to a Secular Person, 815.
• 195-196.: the Feudalizing of Public Offices.
• 195.: Edict of Chlothar Ii, 614.
• 196.: Capitulary of Kiersy, 877.
• 197-202.: the Military Obligation of the Holder of Land.
• 197.: Capitulary of Lestinnes, 743.
• 198.: Capitulary of Aquitaine, Pippin, 768.
• 199.: Capitulary of Heristal, 779.
• 200.: General Capitulary to the Missi, 802.
• 201.: Capitulary to the Missi, 806.
• 202.: Capitulary Concerning Various Matters, 807.
• 203-208.: Effect of the Carolingian Organization On the Growth of Feudalism.
• 203.: General Capitulary to the Missi, 805.
• 204.: Capitulary of 811.
• 205.: Capitulary of Worms, 829.
• 206.: Capitulary of Aachen, 801-813.
• 207.: Agreement of Lothar, Ludwig, and Charles, 847.
• 208.: Capitulary of Bologna, 811.
• 209.: Homage.
• 210.: Homage.
• 211.: Homage.
• 212.: Homage.
• 213.: Homage.
• 214.: Homage of Edward Iii of England to Philip V of France, 1329.
• 215.: Feudal Aids.
• 216.: Feudal Aids.
• 217.: Feudal Aids, Etc.
• 218-225.: Homages Paid By the Count of Champagne.
• 218.: Homage to the Duke of Burgundy, 1143.
• 219.: Homage to Philip Ii of France, 1198.
• 220.: Homage to the Duke of Burgundy, 1200.
• 221, 222.: Agreement Between Blanche of Champagne and Philip Ii, 1201.
• 221.: Letter of Blanche.
• 222.: Letter of the King.
• 223.: Homage to the Bishop of Langres, 1214.
• 224.: Homage to the Bishop of Châlons, 1214.
• 225.: Homage to the Abbot of St. Denis, 1226.
• 226.: List of the Fiefs of Champagne, About 1172.
• 227.: Sum of the Knights [who Owe Service to the Count of Champagne].
• 228.: Extent of the Lands of the County of Champagne and Brie, About 1215.
• 229, 230.: The Attempt of the King to Control the Feudal Nobles.
• 229.: The Feudal Law of Conrad Ii, 1037.
• 230.: The Feudal Law of Frederick I For Italy, 1158.
• VII.: Courts, Judicial Processes, and the Peace
• 231.: Sachsenspiegel.
• 232.: Frederic Ii Appoints a Justiciar and a Court Secretary, 1235. From the Peace of the Land Which Was Proclaimed At Mainz, 1235.
• 233.: Wenzel Creates a Commission to Arbitrate All Differences, 1389. From the Peace of Eger, 1398. (german.)
• 234-239.: Ordeals Or Judgments of God.
• 234.: Ordeal By Hot Water.
• 235.: Ordeal By Hot Iron.
• 236.: Ordeal By Cold Water.
• 237.: Ordeal By Cold Water.
• 238.: Ordeal By the Barley Bread.
• 239.: Ordeal By Bread and Cheese.
• 240-250.: Documents On the Peace of God, the Truce of God, and the Peace of the Land.
• 240.: Peace of God, Proclaimed In the Synod of Charroux, 989.
• 241.: Peace of God, Proclaimed By Guy of Anjou, Bishop of Puy, 990.
• 242.: Truce of God, Made For the Archbishopric of Arles, 1035-41.
• 243.: Truce of God For the Archbishoprics of Besancon and Vienne, Ca., 1041.
• 244.: Truce For the Bishopric of Terouanne, 1063.
• 245.: Peace of the Land Established By Henry Iv, 1103.
• 246.: Peace of the Land For Elsass, 1085-1103.
• 247.: Decree of Frederick I Concerning the Keeping of Peace, 1156.
• 248.: Peace of the Land Declared By Frederick I In Italy, 1158.
• 249.: The Perpetual Peace of the Land Proclaimed By Maximilian I, 1495. ( German. )
• 250.: The Establishment of a Supreme Court to Try Peace-breakers, 1495. ( German. )
• VIII.: Monasticism
• 251.: The Rule of St. Benedict. About 530.
• 252.: Oath of the Benedictines.
• 253.: Monk’s Vow.
• 254.: Monk’s Vow.
• 255.: Monk’s Vow.
• 256.: Monk’s Vow.
• 257.: The Written Profession of a Monk.
• 258.: The Ceremony of Receiving a Monk Into the Monastery.
• 259.: Offering of a Child to the Monastery.
• 260.: Offering of a Child to the Monastery.
• 261.: Commendatory Letter.
• 262.: Commendatory Letter.
• 263.: General Letter.
• 264.: Letter of Dismissal.
• 265.: The Regular Clergy. Prologue of the Rule of St. Chrodegang, Bishop of Metz, For His Clergy, Ca. 744.
• 265 A.: Military-monkish Orders. the Origin of the Templars, 1119.
• 266.: Anastasius Iv Grants Privileges to the Knights of St. John (hospitallers), 1154.
• 267.: Innocent Iii Orders the Bishops of France to Guard Against Simony In the Monasteries, 1211.
• 268.: Innocent Iii Grants the Use of the Mitre to the Abbot of Marseilles, 1204.
• 269.: The Friars. the Rule of St. Francis, 1223.
• 270.: The Testament of St. Francis, 1220.
• 271.: Innocent Iv Grants the Friars Permission to Ride On Horseback When Travelling In the Service of the King of England, 1250.
• 272.: Alexander Iv Condemns the Attacks Made On the Friars Because of Their Idleness and Begging, 1256.
• 273.: John Xxii Condemns the Theses of John of Poilly In Which He Attacked the Friars, 1320.
• IX.: The Crusades
• 274.: The Meritorious Character of Martyrdom. Origen, Exhortation to Martyrdom, 235 Ad, Chaps. 30 and 50. (greek.)
• 275.: Origen, Commentary On Numbers, Homily X, 2. ( Greek. )
• 276.: Forgiveness of Sins For Those Who Die In Battle With the Heathen. Leo Iv (847-55) to the Army of the Franks.
• 277.: Indulgence For Fighting Heathen, 878.
• 278.: Gregory Vii Calls For a Crusade, 1074.
• 279.: The Speech of Urban Ii At the Council of Clermont, 1095. Fulcher of Chartres.
• 280.: The Council of Clermont, 1095. Robert the Monk.
• 281.: The Truce of God and Indulgence For Crusaders. the Council of Clermont, 1095.
• 282.: Rabble Bands of Crusaders. Ekkehard of Aura, Hierosolimita.
• 283.: Peter the Hermit. Anonymi Gesta Francorum, 1097-99.
• 284.: Eugene Iii Announces a Crusade, December 1, 1145.
• 285.: The Third Crusade, 1189-90. From the Chronicle of Otto of St. Blasien.
• 286.: Innocent Iii Forbids the Venetians to Traffic With the Mohammedans, 1198.
• 287.: Papal Protection of Crusaders. Innocent Iii Takes the King of the Danes Under His Protection, 1210.
• 288.: Innocent Iii and the Lateran Council Announce a Crusade, 1215.
• X.: Social Classes and Cities In Germany
• 289.: Otto Iii Forbids the Unfree Classes to Attempt to Free Themselves, Ca. 1000.
• 290.: Henry I Frees a Serf, 926.
• 291.: Henry Iii Frees a Female Serf, 1050.
• 292.: The Recovery of Fugitive Serfs, 1224.
• 293.: The Rank of Children Born of Mixed Marriages Is Fixed, 1282.
• 294.: Frederick Ii Confers Nobility, About 1240.
• 295.: Charles Iv Confers Nobility On a Doctor of Both Laws, 1360.
• 296.: The Law of the Family of the Bishop of Worms, 1023.
• 297.: The Charter of the Ministerials of the Archbishop of Cologne, 1154.
• 298.: The Bishop of Hamburg Grants a Charter to Colonists, 1106.
• 299.: The Privilege of Frederick I For the Jews, 1157.
• 300.: The Bishop of Speyer Gives the Jews of His City a Charter, 1084.
• 301-325.: the Cities of Germany.
• 301.: Lothar Ii (855-69) Grants a Market to the Monastery of Prüm, 861.
• 302.: Otto I Grants a Market to an Archbishop, 965.
• 303.: Otto Iii Grants a Market to Count Bertold, 999.
• 304.: No One Shall Compel Merchants to Come to His Market, 1236.
• 305.: A Market-court Is Independent of the Local Court, 1218.
• 306.: Otto I Grants Jurisdiction Over a Town to the Abbots of New Corvey, 940.
• 307.: The Ban-mile, Or the Limits of the Bishop’s Authority, 1237.
• 308.: The Citizens of Cologne Expel Their Archbishop, 1074.
• 309.: The People of Cologne Rebel Against Their Archbishop, 1074.
• 310.: Confirmation of the Immediateness of the Citizens of Speyer, 1267.
• 311.: Summons Sent to an Imperial City to Attend a Diet, 1338.
• 312.: Municipal Freedom Is Given to the Town Called Ebenbuchholtz, 1201.
• 313.: The Extension of the Corporate Limits of the City of Brunswick, 1269.
• 314.: The Decision of a Diet About the Establishment of City Councils In Cathedral Towns, 1218.
• 315.: Frederick Ii Forbird the Municipal Freedom of the Towns and Annuls All City Charters, 1231-2.
• 316.: Breslau Adopts the Charter of Magdeburg, 1261. (german.)
• 317.: The Schoeffen of Magdeburg Give Decisions For Culm, 1338. (german.)
• 318.: The Establishment of the Rhine League, 1254.
• 319.: Peace Established By the Rhine League, 1254.
• 320.: Agreement Between Hamburg and Lübeck, Ca. 1230.
• 321.: Agreement For Mutual Protection Between Lübeck and Hamburg, 1241.
• 322.: Lübeck, Rostock, and Wismar Proscribe Pirates, 1259.
• 323.: Decrees of the Hanseatic League, 1260-64.
• 324.: Decrees of the Hanseatic League, 1265.
• 325.: Cologne Merchants Have a Gildhall In London, 1157.
• Bibliography
• 1.: Large Collections; National
• 2.: Large Collections; Ecclesiastical and Papal
• 3.: Special Topics Selected Documents, Etc.
• Glossary

4.

The Salic Law.

I.

Legal Summons.1

1. If anyone is summoned to the court and does not come, he shall pay 600 denarii, which make 15 solidi.2

3. When anyone summons another to court, he shall go with witnesses to the house of that person, and if he is not present the summoner shall serve notice on his wife or his family that he is legally summoned.

XVII.

Wounds.

1. If anyone is convicted of trying to kill another, even though he fails, he shall pay 2,500 denarii, which make 63 (62½) solidi.

2. If anyone is convicted of shooting a poisoned arrow at another, even though he misses him, he shall pay 2,500 denarii, which make 63 solidi.

3. If anyone wounds another in the head, so that the brain appears and the three bones which lie above the brain are uncovered, he shall pay 1,200 denarii, which make 30 solidi.

4. If anyone wounds another between the ribs or in the abdomen, so that the wound can be seen and extends to the vitals, he shall pay 1,200 denarii, which make 30 solidi, besides 5 solidi for the healing.

5. If anyone wounds another so that the blood falls to the ground, he shall pay 600 denarii, which make 15 solidi.

6. If a freeman strikes another freeman with a club, so that the blood does not flow, he shall pay 120 denarii, which make 3 solidi, for each blow, up to three.

7. If the blood does flow, he shall pay as much for each blow as if he had wounded him with a sword.

8. If anyone strikes another with the closed fist, he shall pay 360 denarii, which make 9 solidi; that is, 3 solidi for each blow up to three.

9. If anyone is convicted of trying to rob another on the highroad, even though he fails, he shall pay 2,500 denarii, which make 63 solidi.

XXIX.

Injuries.

1. If anyone destroys the hand or the foot of another, or cuts out his eye, or cuts off his nose, he shall pay 4,000 denarii, which make 100 solidi.

2. If the injured hand hangs loose and useless, he shall pay 2,500 denarii, which make 63 (62½) solidi.

3. If anyone cuts off the thumb or the great toe of another, he shall pay 2,000 denarii, which make 50 solidi.

4. If the thumb or the toe hangs useless, he shall pay 1,200 denarii, which make 30 solidi.

5. If he cuts off the second finger, by which the bowstring is drawn, he shall pay 1,400 denarii, which make 35 solidi.

6. If he cuts off the rest of the fingers (that is, the other three) at one blow, he shall pay 50 solidi.

7. If he cuts off two of them, he shall pay 35 solidi.

8. If he cuts off one of them, he shall pay 30 solidi.

XLI.

Manslaughter.1

1. If anyone is convicted of killing a free Frank or a barbarian living by the Salic law, he shall pay 8,000 denarii, which make 200 solidi.

2. If he has put the body in a well, or under water, or has covered it with branches or other things for the purpose of hiding it, he shall pay 24,000 denarii, which make 600 solidi.2

3. If anyone kills a man in the king’s trust, or a free woman, he shall pay 24,000 denarii, which make 600 solidi.

4. If he kills a Roman who was a table-companion of the king, he shall pay 12,000 denarii, which make 300 solidi.

6. If the slain man was a Roman landowner, and not a table-companion of the king, he who slew him shall pay 4,000 denarii, which make 100 solidi.

7. If anyone kills a Roman tributarius, he shall pay 63 solidi.

XLV.

The Man who Removes from One Village to Another.1

1. If anyone desires to enter a village, with the consent of one or more of the inhabitants of that village, and a single one objects, he shall not be allowed to settle there.

3. But if anyone settles in another village and remains there twelve months without any one of the inhabitants objecting, he shall be allowed to remain in peace like his neighbors.

XLVII.

The Tracing of Stolen Goods.

If one has recognized a slave, or a horse, or an ox, or anything of his own in the possession of another, he is to “send him to the third hand.”1 And he in whose hands the thing was recognized is to swear [to his own innocence]; and if both parties [i.e., the rightful owner and the man in whose possession it was found] dwell on this side of the Loire and the Carbonaria,2 a term of forty days shall be set within which all are to be summoned who have had any part in the affair, who have sold or exchanged or perhaps given in payment the article. That is, each one is to summon the man from whom he got it. And if anyone of these has been summoned and legal hindrance has not kept him away, and he does not come within the appointed term, then the one who had dealings with this delinquent is to bring three witnesses to the fact that he had summoned him and three more to the fact that he had obtained the property from him legally and in good faith; if he does this he is clear of suspicion of theft. But he who would not come and against whom the witnesses have borne testimony, shall be held to be the thief of the man who recognized his own, and he [the thief] shall return the price to the man who dealt with him and shall pay the lawful compensation to the man who recognized his own.3 All these things are to be done in that court to which he is answerable in whose hands the stolen thing was first recognized and with whom the process started. But if he in whose hands it was recognized dwells beyond the Loire or the Carbonaria the time allowed shall be eighty days.

L.

The Given Pledge.

1. If a free man or a letus1 has given pledge [that is, made a solemn promise at the court] to another, then he to whom the pledge was given shall go to the house of the other within forty nights,2 or whatever period was set, with witnesses or with such as can estimate the price.3 And if the delinquent will not redeem the pledge given, he shall be held liable for 15 solidi above the amount for which he had given pledge.

2. If still he will not pay, the complainant shall summon him to the mallus, and thus he shall proceed to have him constrained by law: “I ask thee, thunginus, to constrain by law this my debtor who has given me a pledge and is in my debt.” And he shall state how much the debt is. Then the thunginus shall say: “I constrain this man by law, in accordance with the Salic law.” Then he to whom the pledge was given shall give notice that the delinquent can neither pay nor give pledge of payment to any other until he has fulfilled what he promised him [the creditor]. And straightway on that day before the sun sets he shall go with witnesses to the house of the debtor and ask him to pay the debt. If he will not, let the sun set upon him.4 Then when the sun has set, 120 denarii, which make 3 solidi, are added to the amount owed. And this thing is to be done three times in three weeks, and if on the third summons he will not pay all this, then 360 denarii, which make 9 solidi, are to be added to the debt, that is, 3 solidi for every summons and setting of the sun.

3. If anyone refuses to redeem his promise within the lawful term, then he to whom he gave the pledge shall go to the grafio of the county within which the debtor lives, and shall lay hold on the staff and say: “Grafio, this man has given pledge to me and I have given lawful notice of his indebtedness and have sued him before the mallus in accordance with the Salic law. I pledge myself and my fortune that you may safely and lawfully lay hands on his property.” And he declares for what cause and to what amount the pledge had been given. Then the grafio shall take with him seven suitable rachinburgii,5 and go to the house of him who gave the pledge and say: “You, who are here present, pay this man of your own free will that for which you gave him pledge. Choose two men, whomsoever you will, who together with these rachinburgii shall assess from your goods the amount you ought to pay. And so shall you make good what you owe according to legal value.” But if he, being present, will not heed, or if he is absent, then the rachinburgii shall take from his goods a value equal to the amount which he owes, and of that amount two parts shall go to him who brought suit, and the third part the grafio shall take for himself as fredus,6 if the fredus for this case has not already been paid.

4. If the grafio has been appealed to and legal hindrance or his master’s [the king’s] business has not detained him, and he neither goes himself nor sends a representative, he shall be punished with death or he may redeem himself with his possessions.

LII.

Property that has been Loaned.

If one has loaned anything of his goods to another, and that person will not restore it to him, he shall sue for it in this way: He shall go with witnesses to the house of him to whom he loaned his property and serve this notice on him: “Since you will not restore to me my goods which I have loaned to you, you may keep them until the following night, in accordance with the Salic law.”1 And if still he will not restore them, let the sun set on him.2 If he still will not restore them, the owner is to give him a space of seven nights, and at the end of these seven nights he shall serve notice as before that he may keep them till the following night, in accordance with the Salic law. If then he will not restore them, at the end of another seven nights he is to go with witnesses again and ask him to pay what he owes. If he will not pay, let the sun set on him. But when the sun has set on him three times, for each time 120 denarii (which make 3 solidi) are to be added to the original amount of the debt. And if still he will neither pay nor give pledge of payment, he is to be held liable to him who loaned him the goods for 600 denarii (which make 15 solidi) above the original debt and above the 9 solidi which accrued through the three summons.

LIV.

The Slain Grafio.

1. If anyone kills a grafio1 he shall pay 24,000 denarii, which make 600 solidi.

2. If anyone kills a sacebaro,2 or an obgrafio who is a king’s slave, he shall pay 12,000 denarii, which make 300 solidi.

LVI.

He who refuses to come to Court.

If anyone refuses to come to court or to do what the rachinburgii have commanded, that is, to give pledge for payment, or for the ordeal, or for anything which the law requires, then the complainant is to summon him to the presence of the king. And twelve witnesses, being sworn in turn by threes, shall say: [the first three] that they were present when the rachinburgius condemned him to undergo ordeal or to give pledge for payment, and that he had not obeyed. The second three are to swear that they were present on the day when the rachinburgii [again] condemned him to clear himself by ordeal or by paying the fine; that is, that, forty nights from the first day, the sun set on him in the mallberg1 again, and that he would in no way obey the law. Then the complainant is to summon him before the king, in fourteen nights [after the last mallus], and three witnesses are to swear that they were present when he summoned him and the sun set on him. If he will not come, then these nine witnesses, having sworn, are to say what we have said above. Likewise, if he will not come [to the king’s court] on that day, let the sun set on him, and there shall be three witnesses who were present when the sun set.2 If the complainant has done all these things, and he who was summoned refuses to come to any court, the king shall put him outside of his protection [i.e., outlaw him]. Then the criminal and all his goods are liable. And whoever shall feed him or give him hospitality, even if it be his own wife, shall be held liable for 600 denarii, which make 15 solidi, until he shall have paid all that has been imposed on him.

[1 ] This title illustrates what is said in the introduction about the process out of court. The person who has a cause for legal action against another, goes himself to the house of his antagonist and summons him before witnesses. The law steps in, however, and forces the one who is summoned to come to court under penalty. See also title LVI.

[2 ] The monetary system of the Salic law was taken from the Romans. The basis was the gold solidus of Constantine, 1/72 of a pound of gold. The small coin was the silver denarius, forty of which made a solidus. This system was adopted as a monetary reform by Chlodovech, and the statement of the sum in terms of both coins is probably due to the newness of the system at the time of the appearance of the law.

[1 ] The fine for slaying a man is the wergeld referred to in the introduction. It was paid to the kin of the slain man by the slayer or his kin. The wergeld has different values for different classes; note the classes in the Salic law, particularly the position of the persons in the royal service, the importance of which must have been of comparatively recent origin, and the position of the Roman population. The freeman of the Frankish tribe has a wergeld of 200 solidi, the free woman three times that, 600 solidi; the Roman possessor, or free landowner, 100 solidi; the Roman tributarius, who cultivated the land of another at a fixed rent, and was regarded as less than a freeman, 62½ solidi. If the freeman was in the king’s trust, that is, in the service of the king and probably bound to him by a special oath (these men are also called antrustiones; see nos. 180 and 189), his wergeld was three times that of the ordinary freeman, 600 solidi; that of the Roman who was a table-companion of the king, a relation similar to that of the man in the king’s trust, was also tripled, 300 solidi.

[2 ] The fact of concealment is the distinguishing mark between murder and manslaughter.

[1 ] This title throws some light on the original character of the village community. The village was in origin probably a group of kindred, and new-comers were admitted only by the consent of all the householders. Moreover, as much of the land was still held in common by the village—the wood, pasture, and meadow—the admission of a new member concerned all the householders.

[1 ] The expression mittat eum in tertia manu has been interpreted in various ways; it means apparently either that the possessor is to place the article in question in the hands of a third disinterested party who is to hold it until the case has been tried, or that he is to refer the claimant to the “third party”; that is, the man from whom he obtained it.

[2 ] A much-discussed phrase, which has been used to show that the Salic law belongs to a period after the Frankish control had extended beyond the Loire. The word in the text (ligere) has also been taken to mean the river Leye, but this is not generally accepted. The Carbonaria (German, Kohlenwald) was a large forest in what is now Belgium.

[3 ] The form of statement is rather confusing, but the process is fairly clear. The burden of proof lies on the man in whose possession the stolen article is found, and he must clear himself by producing the man from whom he got it. This shifts the responsibility to the latter, who in turn must produce the man from whom he obtained it, and so on back until the person is reached who obtained the article illegally, and so is not likely to obey the summons to appear in court. Then the last man in the chain before the thief proves his innocence of bad faith by showing that he bought the article publicly and so obtained it in good faith, and that he had served notice on the delinquent in the present process. Inasmuch as legal sales were held publicly before witnesses, it is fairly certain in this way that the guilt will be located. The man in whose possession it was found then restores the article to its owner, and receives back the price he paid for it from the man from whom he got it; and this repayment is repeated in each case until the thief is reached; the man who dealt with him has a legal action for recovery of the price against the thief, while the owner has also an action for the recovery of damages.

[1 ] The term letus is used of a class of population whose position was between that of the free man and that of the slave; a similar class is found among nearly all the Germanic tribes. They were perhaps descendants of conquered peoples that had been incorporated into the tribe; they did not own land, but cultivated the land of others on terms of a fixed rental in produce and services. Thus while not free, their position was above that of the slaves, since they might acquire possessions and profits above the rent paid, while the earnings of the slave belonged in theory entirely to the master.

[2 ] The regular interval between the meetings of the hundred-court or mallus.

[3 ] The use of appraisers, referred to here and elsewhere, indicates that fines and debts were paid regularly in kind, and that money was still an unfamiliar convenience.

[4 ] That is, the delinquent is to be given the full legal day, and when that has passed with the setting of the sun, the penalty is incurred. It is interesting to notice the same feature in the law of the XII Tables, which was apparently merely the primitive tribal law of the early Romans reduced to written form. There, in the first table, the description of a public court process ends with the sentence: “Sol occasus suprema tempestas esto”—sunset is to be the latest hour [of the legal day].

[5 ]Rachinburgii is the name generally used in the law for the board of judges, seven in number, who are chosen at every hundred-court to render the judgment (see title LVI). Here, however, the term is used for appraisers who apparently are not connected with the rachinburgii of the hundred-court.

[6 ] The fredus is that portion of the fine which goes to the state, apparently as compensation for executing the sentence. It furnished a part at once of the royal revenues and of the salary of the grafio, since half went to him and half to the royal treasury.

[1 ] This is to give the man legal and public notice and to allow him a full day’s time in which to obey. The guilt is incurred, therefore, at sunset of the following day.

[2 ] See title L, note 4.

[1 ] For the position of the grafio, see introduction. His wergeld is seen to be the same as that of the freeman in the king’s service, and may indeed be regarded as a special instance of the general case of a man employed in the royal service.

[2 ] The sacebaro and the obgrafio are apparently subordinate officials of the grafio. They were probably not infrequently unfree persons, as they are here.

[1 ]Mallberg or malloberg is the place where the mallus or public court is held, and is here used as equivalent to the court.

[2 ] The process described from the end of the first sentence to this point is supposed to have taken place before the summons to the king’s court mentioned in that first sentence; this is shown by the statement that there are to be twelve witnesses at the king’s court, these twelve witnesses appearing in the passage as follows: three each for the two public trials in the mallus, three for the summons to the king’s court fourteen days after the second trial, and three for the first session of the king’s court; these delays having been granted and the delinquent not appearing at the second session of the royal court, he is there finally outlawed.