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

130.

Decision of Innocent III in Regard to the Disputed Election of Frederick II, Philip of Suabia, and Otto of Brunswick, 1201.

In the name of the Father, Son, and Holy Spirit.

It is the business of the pope to look after the interests of the Roman empire, since the empire derives its origin and its final authority from the papacy; its origin, because it was originally transferred from Greece by and for the sake of the papacy, the popes making the transfer in order that the church might be better protected; its final authority, because the emperor is raised to his position by the pope who blesses him, crowns him, and invests him with the empire. Henry [VI] recognized this truth in respect to our predecessor, pope Celestine of blessed memory, for although for a little while after he had received the crown from the pope, he refused to admit this, later he came to his senses and besought the pope to invest him with the golden mantle of the empire. Therefore, since three persons have lately been elected king by diferent parties, namely, the youth [Frederick II], Philip, and Otto, so also three things must be taken into account in regard to each one, namely: the legality, the suitability, and the expediency of his election.

In respect to the youth, the son of emperor Henry, at first glance it does not seem lawful to oppose his election, because it was supported by the oaths which his father received from the princes before his death. For although that oath may have been extorted from them by force, nevertheless it is not thereby rendered void; in the case of the oath which the children of Israel swore to Gibeon, they decided that, although it had been secured by fraud, it ought still to be kept. Moreover, if the oath of the princes was originally extorted from them, the emperor later recognized his sin, and released them from their oath, sending back the letters in which they promised to elect his son; then the princes, in the emperor’s absence, of their own accord elected his son, and almost all of them promised him fidelity and some did him homage. Therefore it does not appear that they may lawfully break that oath. It does not seem proper for us to deprive him of his kingdom, because he has been intrusted to our guardianship and protection, and moreover it is written: “Defend the fatherless” [Ps. 82:3]. It does not seem expedient to oppose him, because, when the youth shall arrive at years of discretion and shall learn that he was deprived of his kingdom by the pope, not only will he not show us reverence, but even as far as he is able he will attack the church, and withhold from her the allegiance and dues which she should receive from the kingdom of Sicily. On the other hand, there are good reasons why it should be lawful, fitting, and expedient to oppose his election. It is lawful because the oaths of the princes were illegal, and the election was unwise. For they elected as emperor a person unsuited not only to that, but to any other office, for he was then scarcely two years old and was not yet baptized. It appears then that such illegal and unwise oaths should not be kept. The case of the oath sworn to Gibeon does not apply, for that oath could be kept without working injury to the people of Israel, while the observance of these oaths will not only injure one race, but will cause great loss and damage to the church and the whole Christian people. Nor can it be said that these oaths are legal if interpreted according to the intention of the princes who swore them. They meant that if they elected him emperor, he was not to rule immediately, but later when he came of age. But how then could they judge of his fitness to rule? Might he not turn out to be so foolish and simple as to be utterly unworthy even less honor? Suppose that they meant he should rule only when he was fitted to, and that in the meantime his father should govern the state. But later an event occurred which the princes had not thought of, and which made it neither right nor possible for the princes to keep their oaths; that is, the sudden death of the father. Now since the empire cannot be governed by a deputy, and an emperor cannot be elected for a temporary term, and since the church neither wishes nor is able to do without an emperor, it is lawful to elect some one else. It is not fitting that he should rule. For how can he rule who is himself under the rule of others? How can he protect the Christian people who is himself under the tutelage of others? It is no sufficient answer to this to say that it was to our guardianship that he was intrusted, because this was done not that we might give him the empire, but that we might hold the kingdom of Sicily for him. The Scripture says: “Woe to thee, oh land, when thy king is a child, and thy princes eat in the morning” [Eccles. 10:16]. It is not expedient that he should become emperor, because thereby the kingdom of Sicily would be united with the empire to the danger of the church; for, to say nothing of other dangers, he would, like his father before him, be unwilling to prejudice the dignity of the empire by taking the oaths of fidelity and homage to the pope for the kingdom of Sicily. And it is no answer to this to say that he would later oppose the church if we deprived him of the empire, for it is not we who are depriving him of his empire, but his uncle [Philip] who has attempted to seize not only the empire, but his maternal possessions as well, while we have been defending them for him at great expense and with great labor.

As to Philip, it does not seem lawful to oppose his election. In deciding the legality of elections, account has to be taken of the zeal, the rank, and the number of the electors. It is not easy to determine the zeal, but, in respect to the other considerations, it is clear that Philip was elected by many princes of high rank, and that many others have since given him their support. Therefore his election seems to be legal, and not to be opposed. It would seem also that it is not proper for us to oppose his election, for we would appear thereby to be taking revenge for our injuries, if, because his father [Frederick I] and his brother [Henry VI] persecuted the church, we should persecute him and visit upon him the punishment incurred by the sins of others; whereas our Lord has said: “Love your enemies, bless them that curse you, do good to them that hate you, and pray for them which despitefully use you” [Matt. 5:44]. It would seem also not to be expedient to oppose his election. To oppose a man so strong in wealth and supporters is like battling with the torrent with the bare arms. We would only make an enemy of him and create even greater strife in the church. We ought rather to seek peace and pursue it, which we could do by supporting him. But on the other hand it seems lawful to oppose his election, for he was excommunicated lawfully and in solemn form by our predecessor. Lawfully, because he had seized the lands of St. Peter [Tuscany], and ravaged and burned them, refusing to make satisfaction after being warned to do so once and again by our brothers; in solemn form, for it was done at mass in the church of St. Peter on a great feast-day, and he himself recognized the validity of the excommunication by sending a messenger to us to beseech absolution, and by having himself absolved later after his election, by our legate, although contrary to our commands. So it is evident that he was elected while under sentence of excommunication, and some believe that he is not yet released from it. For in giving him absolution, the former bishop of Sutri did not observe the conditions laid down by us; namely, that Philip should first release the archbishop of Salerno from captivity, and should then be freed from the necessity of coming to Rome for absolution if he would take oath publicly to obey us in respect to the deeds for which he had been excommunicated, and then only should be given absolution. But the bishop of Sutri attempted to absolve him secretly while the said archbishop was still a prisoner, and without requiring any oath at all; for which disobedience he was deprived of his bishopric by us and ended his days in a monastery. Moreover, since we have frequently excommunicated Markwald and all other German and Italian supporters of Philip, Philip himself, the author of their sins, is surely subject to the same sentence. Moreover, it is notorious that he swore fidelity to the youth [Frederick], and yet has seized his kingdom and tried to seize the empire; therefore he is guilty of perjury. It is objected that we have already declared such oath to be illegal, and that he is not guilty of perjury in not keeping it, because we have said it ought not to be kept. But even if the oath was unlawful, he should not have broken it on his own authority, but should first have consulted us, after the example of the children of Israel, in the case of the oath which they swore to Gibeon; for although the oath had been won from them by fraud they did not break it of their own accord, but decided to consult the Lord. Moreover since whatever is done against the conscience leads to hell (according to the words of the apostle: “Whatsoever is not of faith is sin” [Rom. 14:23]), and since Philip excuses himself in this matter by saying that he would not have taken the kingdom if he had not known that otherwise some other persons would have seized it, it is clear that he believed he ought to have kept the oath, and that in violating it he went against his own conscience. So it seems that we ought to oppose him and resist his attempt to hold the empire, since he is legally under excommunication and is guilty of perjury. It appears also that we may properly oppose his election, for by his succession, brother will be succeeding brother, just as formerly son succeeded father when Frederick handed on the crown to his son [Henry VI] and Henry tried to do the same for his son [Frederick II]; and thus the empire tends to become hereditary, the abuse becoming law by long custom. Also it appears expedient to oppose him, for he is a persecutor, and of a race of persecutors, and if we do not oppose him now we shall be arming our enemy against ourselves.

As for Otto, at first it does not seem lawful to favor him, because he was elected by only a few electors; it does not seem fitting, because we should have the apearance of supporting him out of hate to another; it does not seem expedient, because in comparison to the other his party is small and weak. But there are better reasons on the other side. In the first place, the rank of the electors and the fitness of the candidate must be considered, as well as the number of electors; and Otto was elected by as many or more of those princes that have the best right to elect the emperor, and is himself much better fitted to rule than is Philip. Then again the Lord visits the iniquity of the fathers upon the children unto the third and fourth generation of them that hate him; that is, upon those that continue in the evil way of their fathers, and Philip has certainly persisted in the wicked persecution of the church which his father began. Finally, although we ought not to return evil for evil, but ought rather to bless them that curse us, yet we should not return good for injury to those who persist in their wickedness or put weapons in the hands of those who rage against us, for God himself exalted the lowly to overthrow the mighty. Therefore it is lawful, proper, and expedient for the pope to favor the election of Otto.

Far be it from us that we should defer to man rather than to God, or that we should fear the countenance of the powerful, since, according to the apostle, we should abstain not only from evil, but also from all appearance of evil [1 Thess. 5:22]. For it is written: “Cursed be the man that trusteth in man, and maketh flesh his arm” [Jer. 17:5]. On the foregoing grounds, then, we decide that the youth should not at present be given the empire; we utterly reject Philip for his manifest unfitness, and we order his usurpation to be resisted by all. As to the rest, we have commanded our legate to persuade the princes either to choose some suitable person or to refer the matter to us for final decision. If they cannot come to a decision, since we have waited long, have frequently urged them to agree, have instructed them as to our desires by letters and legates [we shall take the matter into our own hands], that we may not seem to foster discord, and that we may say with Hezekiah: “There shall be peace and truth in my days” [Is. 39:8], and that we may not be forced, like Peter, to deny the truth, which is Christ, by following afar off, to see the end [Matt. 26:58]. But since the affair will not brook delay, and since Otto is not only himself devoted to the church, but comes from devout ancestors on both sides (on his mother’s side from the kings of England, and on his father’s from the dukes of Saxony, all of whom were faithful servants of the holy see, especially his great-grandfather the emperor Lothar, who twice came down to Apulia on behalf of the papacy and died in the service of the Roman church), therefore we decree that he [Otto] ought to be accepted and supported as king, and ought to be given the crown of the empire, after the rights of the Roman church have been secured.