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

107.

The Account of the Election as Given by Gerhoh of Reichersberg,ca. 1160.

When Adrian IV died, all the cardinal clergy of the holy Roman church met to elect his successor. A secret ballot was taken and the result announced. It was found that a majority of the cardinals had voted for Roland, the chancellor of Adrian IV. A few had voted for Octavian, and some also for Magister Bernard. Since there could not be three popes, the majority tried to persuade the minority to give up their candidates and make the election of Roland unanimous. Those who had voted for Bernard then deserted him and some of them joined the party of Roland. The others said that they had no preference but would support either Octavian or Roland, provided the election of either were unanimous, and the church should not be divided on account of it. The number of cardinals who supported Octavian, or were willing to support him if elected, was seven. But a much larger number supported Roland. The majority then tried hard to persuade these seven to unite in electing Roland, and won over all but three of them. Two of these, John of Pisa, and Guido of Crema, were very contentious and declared that they would never desert Octavian. So they with the bishop of Tusculum made Octavian pope.

108.

The Preliminary Treaty of Anagni between Alexander III and Frederick I, 1176.

1. The emperor and the empress, and their son, king Henry, and all the princes promise to accept pope Alexander III as the catholic and universal pope, and to show him such reverence as their predecessors were wont to show to his predecessors.

2. The emperor promises to keep peace faithfully with pope Alexander and his successors and with the whole Roman church.

3. All the regalia and other possessions of St. Peter as held by the Roman church in the time of pope Innocent II, which have been seized by the emperor or his allies, shall be restored to pope Alexander and to the Roman church, and the emperor engages to aid the church in retaining possession of them.

4. The emperor restores to the pope and to the Roman church the control of the office of prefect of the city of Rome; the pope shall see to it that justice shall be done the emperor when he has occasion to seek his rights in the city.

5. All vassals of the church won over by the emperor to his side during the late quarrel, shall be released from their allegiance to him and restored to the pope and to the Roman church.

6. The emperor will restore to the pope and to the church the lands of the countess Matilda as they were held by the church in the time of the emperor Lothar and king Conrad and the present emperor Frederick.

7. The pope and the emperor will mutually aid one another in maintaining the honor and the rights of the empire and the church.

8. Everything unjustly taken from the churches by the emperor or his followers during the schism shall be restored to them.

9. The emperor will make peace with the Lombards on the terms to be agreed upon by representatives appointed for this purpose by the emperor and the pope and the Lombards. In case any difficulty arises in the course of these negotiations which the representatives cannot settle, it shall be decided by the majority of the special commissioners to be appointed for this purpose by the emperor and the pope in equal numbers.

10. The emperor will make peace with the king of Sicily and with the emperor of Constantinople and with all the allies of the pope, and he will not take revenge for any wrongs which they may have committed in assisting the Roman church.

23. Pope Alexander and the cardinals on their part make peace with the emperor and the empress and their son, king Henry, and all their party. This, however, shall not prejudice those rights of controlling and judging ecclesiastical persons which are herein surrendered to the pope and to the Roman church, nor the rights of the Roman church over the lands of St. Peter now withheld by other persons, nor the special exceptions made in this document in favor of the pope and the Roman church, on one side, and the emperor and the empire, on the other.

24. The pope and the cardinals will take their oath to keep this peace, the oath to be drawn up in writing and signed by the cardinals.

25. The pope shall immediately call together as large a council as possible, and with the cardinal bishops and other clergy who may be present, shall excommunicate all who break this peace. Afterward he shall do the same in a general council.

26. Many of the nobles of Rome and the great vassals of Campania shall also take oath to keep this peace.

27. The emperor and the princes of the empire will also take their oaths to keep this peace, the oath to be drawn up in writing and signed by the emperor and the princes.

28. If the pope should die first, the emperor and his son, king Henry, and the princes shall observe these terms of peace with his successors and all the cardinals and the whole Roman church, and with the Lombards and the king of Sicily and all the allies of the church. If the emperor should die first, the pope and the cardinals and the Roman church shall observe these terms with the empress Beatrice, and her son, king Henry, and with all the German people and their allies, as written above.

29. In the meantime the emperor shall not attack the land of St. Peter, whether held by the pope in person or by the king of Sicily or other vassals of the pope.

30. If the negotiations for peace are broken off by either side before they are completed, which God forbid, truce shall be kept for three months after the notification of withdrawal.

109.

The Peace of Constance, January 25, 1183.

In the name of the holy and undivided Trinity. Frederick, by divine mercy emperor of the Romans, Augustus, and Henry VI, his son, king of the Romans, Augustus. . . .

1. We, Frederick, emperor of the Romans, and our son Henry, king of the Romans, hereby grant to you, the cities, territories, and persons of the league, the regalia and other rights within and without the cities, as you have been accustomed to hold them; that is each member of the league shall have the same rights as the city of Verona has had in the past or has now.

2. The members of the league shall exercise freely and without interference from us all the rights which they have exercised of old.

3. These are the rights which are guaranteed to you: the fodrum, forests, pastures, bridges, streams, mills, fortifications of the cities, criminal and civil jurisdiction, and all other rights which concern the welfare of the city.

4. The regalia which are not to be granted to the members of the league shall be determined in the following manner: in the case of each city, certain men shall be chosen for this purpose from both the bishopric and the city; these men shall be of good repute, capable of deciding these questions, and such as are not prejudiced against either party. Acting with the bishop of the diocese, they shall swear to inquire into the questions of the regalia and to set aside those that by right belong to us. If, however, the cities do not wish to submit to this inquisition, they shall pay to us an annual tribute of 2000 marks in silver as compensation for our regalia. If this sum seems excessive, it may be reduced.

5. If anyone appeals to us in regard to matters which are by this treaty admitted to be under your jurisdiction, we agree not to hear such an appeal.

6. The bishops, churches, cities, and other persons, clerical and lay, shall retain possession of the property or rights which have been granted to them before this war by us or by our predecessors, the above concessions excepted. The accustomed dues for such holdings shall be paid to us, but not the tax.

7. Such possessions as we have granted to members of the league, inside or outside of cities, shall not be included among those regalia for which taxes are to be paid to us.

8. All privileges, gifts, and concessions made in the time of the war by us or our representatives to the prejudice or injury of the cities, territories, or members of the league are to be null and void.

9. Consuls of cities where the bishop holds the position of count from the king or emperor shall receive their office from the bishop, if this has been the custom before. In all other cities the consuls shall receive their office from us, in the following manner: after they have been elected by the city they shall be invested with office by our representative in the city or bishopric, unless we are ourselves in Lombardy, in which case they shall be invested by us. At the end of every five years each city shall send its representative to us to receive the investiture.

10. This arrangement shall be observed by our successor, and all such investitures shall be free.

11. After our death, the cities shall receive investiture in the same way from our son and from his successors.

12. The emperor shall have the right of hearing appeals in cases involving more than 25 pounds, saving the right of the church of Brescia to hear appeals. The appellant shall not, however, be compelled to come to Germany, but he shall appeal to the representative of the emperor in the city or bishopric. This representative shall examine the case fairly and shall give judgment according to the laws and customs of that city. The decision shall be given within two months from the time of appeal, unless the case has been deferred by reason of some legal hindrance or by the consent of both parties.

13. The consuls of cities shall take the oath of allegiance to the emperor before they are invested with office.

14. Our vassals shall receive investiture from us and shall take the vassal’s oath of fidelity. All other persons between the ages of 15 and 70 shall take the ordinary oath of fidelity to the emperor unless there be some good reason why this oath should be remitted.

15. Vassals who have failed to receive investiture from us or to render the services due for their fiefs, during the war or the truce, shall not on this account lose their fiefs.

16. Lands held by libelli and precariæ shall be held according to the customs of eahc city, the feudal law of Frederick I to the contrary notwithstanding.

17. All injuries, losses, and damages which we or our followers have sustained from the league or any of its members or allies are hereby pardoned, and all such transgressors are hereby received back into our favor.

18. We will not remain longer than is necessary in any city or bishopric.

19. It shall be permitted to the cities to erect fortifications within or without their boundaries.

20. It shall be permitted to the league to maintain its organization as it now is or to renew it as often as it desires.

110.

The Formation of the Duchy of Austria, 1156.

In the name of the holy and undivided Trinity. Frederick, by divine mercy emperor of the Romans, Augustus. . . . Know all our faithful subjects, present and future, that with the aid of him who sent peace on earth, we have been able to settle the long quarrel between our beloved uncle Henry, duke of Austria, and our beloved nephew, Henry, duke of Saxony, over the possession of the duchy of Bavaria. This was accomplished at the diet of Regensburg on the day of the Nativity of the blessed Virgin Mary in the presence of many pious catholic princes. This is the way in which the settlement was reached: The duke of Austria resigned the duchy of Bavaria into our hands, and we immediately granted it in fief to the duke of Saxony. Then the duke of Bavaria [Henry of Saxony] surrendered to us the mark of Austria with all its rights and all the fiefs which the former margrave Luitpold held of the duchy of Bavaria, and we have made the mark of Austria a duchy with the consent of the princes, Wadislaus, duke of Bohemia, putting the motion and the other princes agreeing to it. This was done in order that our beloved uncle should not lose in rank by the transfer. We have now granted the duchy of Austria in fief to our uncle Henry and to his wife Theodora, decreeing by this perpetual edict that (1) they and their children after them, whether sons or daughters, shall hold and possess it by hereditary right. If our uncle and his wife should die without children, they may leave the duchy by will to whomsoever they desire. (2) We decree also that no person, great or small, shall presume to exercise any of the rights of justice within the duchy, without the consent and permission of the duke. (3) The duke of Austria does not owe any services to the empire, except to attend, when summoned, such diets as may be held in Bavaria. (4) He is not bound to join the emperor on any campaign except such as may be directed against parts of the kingdom neighboring to Austria.

111.

The Bishop of Würzburg is made a Duke, 1168.

In the name of the holy and undivided Trinity. Frederick, by the mercy of God emperor of the Romans, Augustus. . . . Be it known to all the faithful subjects of God and of our empire, both present and future, that we held a diet at Würzburg recently, where with the aid of God we were able to reconcile the differences which had arisen among the princes of Saxony. At that diet also Herold, venerable bishop of Würzburg, attended by his whole chapter and by a large following of freemen and ministerials, besought us to confirm by our imperial authority the jurisdiction over the church and duchy of Würzburg, which has belonged to his predecessors since the time of Karl the Great. We always delight to grant the reasonable requests of suppliants, and we have no wish to disturb the arrangements made by former emperors, unless there is some need of correction. In this case it is apparent that the settlement made by the former emperors is just, and that the lands have been held unquestioned for a long time by the church and the duchy of Würzburg. Therefore, influenced by the fidelity and devotion of the bishop and by the intercessions of the chapter of his church, whose devotion to him has touched our heart, we give and grant to the venerable bishop Herold and to his successors forever the jurisdiction and right of administering justice in the whole bishopric and duchy and all its counties; that is, the right to punish cases of rapine and incendiarism, to exercise authority over freeholds, fiefs, and vassals, and to inflict capital punishment. By our imperial authority expressed in this perpetual decree, we forbid any person, ecclesiastical or secular, to exercise any jurisdiction in these matters within the bishopric and duchy of Würzburg and its counties; except that the counts should have jurisdiction within their counties over those freemen who are known as bargaldi. If anyone acts contrary to this he is guilty of violating the decrees of former emperors, the rights of the church of Würzburg, and this our decree. We also forbid anyone to create hundred-courts or appoint centgrafs (hundred-courts) within this bishopric and duchy and its counties, except by the grant of the bishop-duke of Würzburg. Further, we have destroyed the castle of Bamberg, which has been the cause of so much trouble to the church and the whole province, and have given the hill upon which it stood to the church of Würzburg, forbidding the erection of a castle or fortification again upon it. We have destroyed also the castle of Frankenberg, which menaced the neighboring monastery of Amerbach and imperilled the peace of the church of Würzburg, and have given it under similar conditions to that church.

112.

Decree of Gelnhausen, 1180.

In the name of the holy and undivided Trinity. Frederick, by divine mercy emperor of the Romans, Augustus. . . .

Know all faithful subjects of the empire, both present and future, that Henry, former duke of Bavaria and Westphalia, has oppressed the churches of God and the nobles of the empire by seizing their lands and violating their rights, has refused to obey our summons to present himself before us and has therefore incurred the ban, and even after that has continued to injure the churches and nobles. Now therefore on account of the injuries which he has inflicted upon these persons, and on account of the contempt which he has so often shown to us, and especially on account of his violation of feudal law, in that he refused to obey the three summonses to present himself before us, he has been judged contumacious and by the unanimous sentence of the princes in the diet held at Würzburg has been deprived of the duchies of Bavaria, Westphalia, and Engria [that is, Bavaria and Saxony] and of all the fiefs which he held of the empire, and these territories have been restored to our control.

Now by the advice of the princes we have divided the duchy of Westphalia and Engria [Saxony] into two parts and have conferred that part which is included in the dioceses of Cologne and Paderborn upon our beloved prince, Philip, archbishop of Cologne, because of his conspicuous merits, and of his labors and expenditures for the crown. We have given and granted this territory to the church of Cologne with the counties, advocates, rights of safe-conduct, domains, farms, fiefs, ministerials, serfs, and all other things which belong to that duchy; and we have solemnly invested the aforesaid Philip by the banner [flag] of the empire with that portion of the duchy which is given to his church. This was done by the decision of all the princes of the diet, and with the public consent of our relative, duke Bernard, to whom we have given the other part of the duchy of Westphalia and Engria. . . .

113.

Papal Election Decree of Alexander III, 1179.

Concerning the election of the pope. Although our predecessors have issued decrees intended to prevent disputed elections in the papacy, nevertheless, the unity of the church has frequently been imperilled by the wicked ambition of men. We have decided with the advice of our brothers and the approval of the council that something further must be done to prevent this evil. Therefore we have decreed that when the cardinals cannot come to a unanimous vote on any candidate, that person shall be regarded as pope who receives two-thirds of the votes, even if the other one-third refuse to accept him and elect a pope of their own. If anyone who has been elected by only a third of the cardinals shall presume to act as pope he and his followers shall be excommunicated and deprived of all ecclesiastical rank; they shall not be allowed to take communion, unless it be extreme unction, and unless they repent they shall have their part with Dathan and Abiram [Num. 16], whom the earth swallowed alive. No one who has been elected by less than two-thirds, shall presume to act as pope, and if he does he shall suffer the same penalty. This decree shall not be to the prejudice of the canon law or of the practice in other churches where the voice of the majority is declared to be decisive in elections, because any dispute arising in these churches can be settled by appeal to higher authority. The Roman church requires a special law, because there is in her case no higher authority to appeal to.

114-115.

Supremacy of the Papal Power.