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

143.

Papal Charges and Imperial Defence, 1238.

To the most holy father in Christ, Gregory [IX] by the grace of God pope, his devoted bishops of Würzburg, Worms, Vercelli, and Parma, humbly commend themselves and offer due and sincere reverence.

We reverently received your letter in which you ordered us to remonstrate with our lord the Roman emperor [Frederick II] about certain matters, a list of which was enclosed in your letter. Although we hesitated to do so because we are his subjects and were not sure that he would patiently receive our remonstrances, nevertheless we reverently went to him and set forth all the things which were contained in your letter to us and also in the large number of letters which you had written to him. God who rules and directs the hearts of kings as he will brought it about that he granted us an audience and listened to our words with great readiness and humility. He also called together the venerable archbishops of Palermo and Messina, the bishops of Cremona, Lodi, Novara, and Modena, and the abbot of San Vincenzo, and a great number of friars, both Dominicans and Franciscans, and in the presence of us all he responded to each one of the charges in their order as is set forth below. And in accordance with your command, we send you a faithful statement of his answers.

1.The papal charge. The churches of Monreale, Cefalu, Catania, and Squillace, and the monasteries of Mileto, Santa Eufemia, Terra Maggiore, and San Giovanni in Lamæ, have been robbed of almost all of their possessions. Likewise nearly all bishoprics, churches, and monasteries have been unjustly deprived of their liberties and prerogatives. The emperor’s answer. In regard to the complaints of the churches, which are stated in a general way, orders have been given that certain things, done in ignorance, should be corrected at once; and others have already been corrected by our faithful messenger and notary, William de Tocco. He was sent especially for this purpose and he was ordered to go first to the papal court, and, after consultation with the archbishop of Messina, to follow his counsel in revoking all the things which he found were done unjustly. He had scarcely entered the kingdom when he found certain lands in the possession of members of the imperial family [ministerials]. He dispossessed them and restored the lands to their former owners. If he should find any lands were held illegally by the emperor, he was ordered to restore them to their owners. And when the pope learned of what he had done he approved the emperor’s action in sending him and the diligencce of the messenger. Since the kingdom is divided into several provinces, the messenger has not yet been able to go through them all. Hence his work is not yet done, and there are still some things to be corrected. In regard to the church of Monreale, the emperor declared that it had not suffered anything through him, unless it wished to hold him responsible for the devastations committed by the Saracens who had ravaged its lands. But they recognize neither the emperor nor the church. Nor had they spared anyone or anything. They had devastated the land clear up to the walls of the church, and they had spared no Sicilian. In fact, they had left scarcely a Christian alive in all that territory. The emperor declares that with great difficulty and expense he has exterminated them from Sicily. If he has done the churches a wrong in this, it is at least his only one. Nor has he tried to injure them.

In regard to the church at Cefalu, the emperor said that he had done no wrong, because the kings of Sicily have always held the castle of Cefalu, which is a strong citadel in the mark of the Saracens, and commands the sea. In the days of Innocent III the bishop of Cefalu had got possession of it, not legally but through an uprising. But Innocent ordered his legate who was then in Sicily caring for the interests of Frederick, who was still a child, to take the castle from the bishop and have it kept for Frederick until he should come of age. It has not been restored to the bishop nor should it be, because he has no right to it. Even if he had a right to it, it should not be restored to him, because, according to common report, he is a forger, a homicide, a traitor, and a schismatic. Therefore even if he had a right to it, it should not be restored to him. In the same way he said he was innocent of the charges about the church of Catania, unless he were held responsible for the conduct of some of the men from the imperial domain, who, in time of war, had gone to Catania to find a place that was secure and fertile. The emperor said that he had recalled them to his domains by a general edict of the realm, by which the counts, barons, and other men of the realm recalled the men belonging to their domains, no matter where they should find them, whether on the lands of the church or in the imperial cities. Besides, in regard to these things, the statute was passed and the time set at the request of the pope, as is clear from the letters of the patriarch of Antioch and the archbishops of Palermo and Messina. Likewise the emperor said that an equitable trade had been made with the churches of Mileto and Santa Eufemia, and with the abbot and monks of Terra Maggiore. This trade had been made with the permission of their clergy and their convents, according to the legal form, and they to-day hold and possess the things which they received in exchange. But the village of San Severo was not wholly the property of the abbot of Terra Maggiore, for another had certain rights there which he held as a fief from the empire. It was justly condemned and destroyed, because the men of that place in the time of an uprising had killed Paul de Logotheta, the bailiff of the emperor, and seized the cattle of the emperor. And yet the abbot and his monastery had received some land in exchange for their share of this village which had been destroyed. In accordance with a legal decision the place called Lamæ has been fortified by the abbot of San Giovanni Rotundo, and according to both the civil and canon law, suit about it must be brought against him in the imperial court.

2.The papal charge. The possessions, both movable and immovable, which had been taken from the Templars and Hospitallers, have not been restored to them in accordance with the terms of the agreement which was made. The emperor’s answer. It is true that by a legal process and in accordance with an ancient law of the kingdom of Sicily, fiefs and “burgher lands” have been taken from the said orders. But they had received those lands from those who were invading the kingdom and waging war on the emperor. Besides they furnished the king’s enemies with horses, arms, food, and wine, and all kinds of provisions, while refusing to aid the emperor who was still a minor. But other fiefs and burgher lands have been restored to them which they had acquired before the death of William II [king of Sicily], or for which they had a grant from some one of our predecessors. And some burgher lands which they had bought have been taken from them in accordance with an ancient law of Sicily, that without the king’s consent no burgher lands shall be given to the said orders or left to them as a legacy; but if such lands are given them, they are bound to sell them within a year, a month, a week, and a day, to some of the citizens. This law was passed long ago, because if they were permitted to buy and accept burgher lands they would in a short time possess the whole kingdom of Sicily, which they like better than any other part of the world. And this law is valid beyond the sea.

3.The papal charge. He does not permit vacant bishoprics and other churches to be filled, and on this account the liberty of the church is in danger and the true faith is perishing, because there is no one to preach the word of God and care for souls. The emperor’s answer. The emperor wishes and desires that vacant bishoprics and other churches be filled, but without infringement on the privileges and rights which his predecessors have held. He has insisted less than his predecessors on his privileges, and he has never opposed the filling of the vacant churches.

4.The papal charge. In regard to taxes and exactions which are extorted from churches and monasteries contrary to agreement. The emperor’s answer. Taxes and dues are assessed on the clergy and ecclesiastical persons, not because of their ecclesiastical property, but because of their fiefs and other possessions. And this is in accordance with the common law and is practised everywhere all over the world.

5.The papal charge. That prelates do not dare proceed against usurers, because of an imperial edict. The emperor’s answer. The emperor has published a new general law against usurers, in accordance with which they are condemned, and action may be brought against all their possessions. And this law is read before all prelates, and they are not prevented by it from proceeding against usurers.

6.The papal charge. That clerygmen are seized, imprisoned, proscribed, and killed. The emperor’s answer. He knows nothing about any clergymen who have been seized and imprisoned, except that some have been condemned by the decision of prelates, according to their crimes. These have been surrendered to the imperial officials who have seized them. He knows nothing about clergymen who have been proscribed except that some have been charged with the crime of lèse majesté and have been proscribed from the kingdom. He knows nothing about any clergymen who have been slain except those who were slain by other clergymen. The church of Venusa is mourning the death of its prelate who was killed by one of his monks. In the church of San Vincenzo one monk killed another. But the monks and the clergy commit such crimes with impunity, and it is the fault of the church that they escape all canonical punishment.

7.The papal charge. Churches which are consecrated to the Lord are profaned and destroyed. The emperor’s answer. He knows nothing of such churches, unless the pope means the church of Luceria; but it is said to have fallen down of itself because of its great age. And the emperor will not only permit it to be rebuilt, but he will give a good sum to the bishop for its reconstruction.

8.The papal charge. That he does not permit the church of Sorana to be rebuilt. The emperor’s answer. He will permit the church of Sorana to be rebuilt, but not the town. It shall not be rebuilt as long as he lives, because it was destroyed in accordance with a legal decision.

9.The papal charge. That contrary to the agreement those who had supported the church in the time of struggle between the pope and emperor have been robbed of their goods and driven out of the country. The emperor’s answer. Those who adhered to the church in the time of the struggle against the emperor are living in security in the kingdom, except those who held some office and are afraid that they will be compelled to give an account of it, and some others who have left the kingdom to escape civil and criminal charges. The emperor will permit them to come back in safety if they will give an account of their conduct in office and respond to those who have entered suit against them. But he will do nothing against them for having adhered to the church. If the pope complains that the treaty of peace has not been kept, let him remember that contrary to its terms and to the judgment of nearly all the friars, he is holding the city of Castella. For keeping this city to the detriment of the empire he is receiving money, although the emperor has expended more than 100,000 silver marks in aiding him against the Romans. From this the church has received great advantages, for land has been taken from the Romans and restored to the church and her liberties have been recovered and reformed in Rome through the help of the emperor.

10.The papal charge. That he has seized and now holds imprisoned the nephew of the king of Tunis who wished to come to the pope to receive baptism. The emperor’s answer. That the nephew of the king of Tunis was fleeing from Barbary to Sicily, not to receive baptism, but to escape his uncle who was threatening him with death. He is not held captive but is going about freely in Apulia, and although he is often urged to be baptized, he steadfastly refuses. If however he wishes to be baptized, the emperor will receive him with rejoicing. He has already expressed himself in regard to this to the archbishops of Palermo and Messina.

11.The papal charge. That the church is humiliated and insulted by the fact that Peter Saraceno, her faithful subject, and friar Jordan are held captive. The emperor’s answer. Peter Saraceno has been seized because he is an enemy and detractor of the emperor. He has attacked the emperor in Rome as well as elsewhere. He did not come on the business of the king of England, but he carried a letter of the king in order that if he were arrested we might be led to spare him. But we did not heed this letter because the king did not know what snares this man had prepared for us. In regard to the friar Jordan, although he had defamed the emperor in his sermons, the emperor neither seized him nor ordered him to be seized. But because some of the emperor’s faithful subjects knew the friar’s character and his trickery, and so were sure that if he stayed in the mark of Treviso and in Lombardy, he would injure the cause of the emperor, the emperor caused him to be set free and would have given him over to the archbishop of Messina, if he had been willing to submit to the said archbishop.

12.The papal charge. The emperor had stirred up sedition in Rome against the church with the purpose of driving out the pope and his cardinals, and, contrary to the privileges and rights of the pope, to destroy the ecclesiastical liberties. The emperor’s answer. The emperor denies that he stirred up the sedition in Rome. But he has his faithful subjects in Rome just as his predecessors, the Roman emperors and kings of Sicily, had had. And sometimes at the election of senators, the attempt was made to injure his subjects. Under these circumstances he had assisted his subjects in their defence, and he would do so as often as it should be necessary under similar circumstances. But when the election of a senator took place harmoniously, there was no rioting, as can be proved by the testimony of the archbishops of Palermo and Messina.

13.The papal charge. That the emperor had ordered his subjects not to permit the papal legate, the bishop of Preneste, to pass through their territory. The emperor’s answer. The emperor had never even dreamed of giving such an order, although he might justly have done so, because the bishop was his enemy. Although he had been sent by the pope as a religious man on a religious errand, he had nevertheless at the command of the pope, as he said, in a treacherous and wicked manner led a large part of Lombardy to revolt against the emperor and had done all he could to incite the Lombards to rebellion.

14.The papal charge. The cause of the crusade is delayed by him through the quarrel which he has with certain Lombards, although the church is ready to use all her powers to secure proper satisfaction from the Lombards for what they have done against the emperor, and the Lombards themselves are ready to make satisfaction. The emperor’s answer. He had often referred that matter to the church, but he had never received any satisfaction. For the first time, the Lombards were condemned to furnish 400 knights. But instead of sending them to aid the emperor, as they should, the pope used them to make war on the emperor. The second time, they were condemned to furnish 500 knights, but the pope declared that they should not be sent to the aid of the emperor, but that they should be sent on the crusade under the control and protection of the pope and the church. But not even this was done. The third time, at the request of the cardinals, the Sabine bishop and Magister Peter of Capua, the affair was again referred to the pope exactly as the pope desired. But afterward the matter was never mentioned again until the pope learned that the emperor, having been deceived so many times about it, was preparing to lead an army from Germany into Italy. And then the pope at once begged that the matter be referred to him again. And although the emperor had so often been deceived in submitting it to the pope, he nevertheless was willing to submit it to him once more, but a time limit was set and it was stipulated that it should be decided to the honor of the emperor and to the advantage of the empire. But the pope was not willing to accept these conditions, as may be proved by his letter, although he now says that he was ready to decide the case in accordance with the rights and honor of the empire. From this it is apparent that the pope’s letters are contradictory to each other. And let the pope not pretend that the emperor, in trying to restore the rights of the empire in Italy, injured the prospects of the crusade, for the letters which the emperor wrote in answer to the kings of the world and to the crusaders in France, who had chosen him as their leader, will show that he took charge of the crusade and did not neglect it. He also wrote that he wished to conduct the whole matter in accordance with the advice of the church. . . . Finally, the emperor declared that since he had been absent from the kingdom and did not know the exact condition of things, if anything had been done injurious to the church, and had not yet been corrected, he would order it to be set entirely right, and also because of the great general good which would come if there were harmony between him and the church, he would give the church any reasonable security that he would act in harmony with her, and use all his powers and means for the honor and advancement of the Christian church and for the preservation of her liberties.