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Front Page Titles (by Subject) 184-188.: Dependent Tenure of Land. - A Source Book for Mediaeval History. Selected Documents Illustrating the History of Europe in the Middle Age
184-188.: Dependent Tenure of Land. - Oliver J. Thatcher, A Source Book for Mediaeval History. Selected Documents Illustrating the History of Europe in the Middle Age [1905]Edition used:A Source Book for Mediaeval History. Selected Documents Illustrating the History of Europe in the Middle Age, ed. Oliver J. Thatcher and Edgar Holmes McNeal (New York: Charles Scribner’s Sons, 1905).
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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
184-188.
Dependent Tenure of Land.
Absolute ownership of land was giving place to possession of land owned by others than the holder. The greater landlords (the king, the church, and the great officials and lords) sought to acquire cultivators for their lands, while the poorer land-owners and the persons without lands of their own sought a means of livelihood or protection. The usual form was the benefice or the precarium. The benefice was the name applied generally in this time to land the use of which was granted by the owner to others for a term of years, for life, or in perpetuity. The precarium was a form of the benefice, the name being technically applied to lands thus granted in response to a letter of request or prayer (litteræ precariæ). It will be seen from the documents that the lands were usually those that had been given originally by the poor land-holder to the greater landlord and then received back as benefice or precarium. The reason was undoubtedly in many cases the desire of the owner to come under the protection of the greater landlord. The king also gave land to his followers and officials, either to bind them to him or to reward them for services; it is probable, although not certain, that these lands, in part at least, were held only for life or a term of years, on condition of services or faithfulness, and so were in a sense benefices.
184.
Form for the Gift of Land to a Church to be Received back by the Giver as a Benefice.
. . . I, (name), and my wife, (name), in the name of the Lord, give by this letter of gift, and transfer from our ownership to the ownership and authority of the monastery of (name), over which the venerable abbot (name) presides, and which was founded in the honor of (name) by (name) in the county of (name), the following villas (name), situated in the county of (name), with all the lands, houses, buildings, tenants, slaves, vineyards, woods, fields, pastures, meadows, streams, and all other belongings and dependencies, and all things movable and immovable which are found in the said villas now or may be added later; in order that under the protection of Christ they may be used for the support and maintenance of the monks who dwell in the aforesaid monastery. We do this on the condition that as long as either of us shall live we may possess the aforesaid villas, without prejudice to the ownership of the monastery and without diminution of the value of them, except that we shall be allowed to emancipate any of the slaves that dwell on the lands for the salvation of our souls. After the death of both of us, the aforesaid villas with any additions or improvements which may have been made, shall return immediately to the possession of the said monastery and the said abbot and his successors, without undertaking any judicial process or obtaining the consent of the heirs.
185.
Form for a Precarial Letter.
To our lord and father in Christ, the holy and apostolic bishop (name), I (name), and my wife (name). It is well known that we have given in the name of the Lord our villa of (name), situated in the county of (name), in its entirety and with all that we possessed there, by a letter of gift to the church of (name), founded in the honor of (name), and that you have received it on behalf of the said church. And in response to our petition you have granted that as long as we or either of us shall live we shall hold the said villa as a benefice with the right of usufruct, with the understanding that we shall not diminish its value in any way or alienate anything that belongs to it, but shall hold it without prejudice to the ownership of the said church or bishop. Therefore we have written this precarial letter in witness that our possession shall not work any prejudice to your ownership or any injury to the said villa; but that we only have the use of it during our lives, and that after we are dead you shall immediately recover it with all the additions and improvements which we may have made, by virtue of this precarial letter, which shall be renewed every five years, and without requiring any judicial process or obtaining the consent of the heirs; and that thereafter you shall hold it forever, or do with it whatever may seem to you to be to the best interests of the said church.
186.
Form of Precarial Letter.
To our lord and father in Christ, the holy and apostolic bishop (name), I (name), and my wife (name). Since you have permitted us, as long as we or either of us shall live, to hold the land (name) belonging to your church (name), which (name) gave to the said church for the salvation of his soul, therefore for this permission and for the salvation of our souls we have given this other place (name), to belong to the said church and to you and your successors after we are both dead. This we have done on the condition that as long as we live we may possess the said places, both that which you have permitted us to use and the one which we have given you for the salvation of our souls, with the right of usufruct, without diminishing its value or prejudicing the rights of your church; and that after we are dead the said places shall immediately revert to your ownership by virtue of this precarial letter, without requiring any renewal of the letter, and in spite of any opposition from our heirs or from anyone else.
187.
Form of Precarial Letter.
To the lords (names), we (name), and (name). It is well known that our father lived on your lands and made a precarial letter to you for them, which we now renew and sign, humbly beseeching you to allow us to remain on the same lands. In order that our possession of the lands may not prejudice the rights of you and your successors in them, we have deposited with you this precarial letter, agreeing that if we ever forget its terms, or ever refuse to obey you or your agents in anything which you command, or ever assert that this is not your land, we may be punished according to the severity of the law as wicked violators of your rights, and may be driven from the lands without judicial sentence.
188.
Gift of Land to be Received back and Held in Perpetuity for a Fixed Rent.
The first part of the form, including the original gift of the land, is omitted in the original, but may be supplied from a preceding number.
I do this on the condition that as long as I live I may hold the said lands for the said rent, and that my children and their posterity may do the same forever.
The term villa, as used in these documents, means a domain or estate with a group or village of dependent cultivators.
To hold land with the right of usufruct or to have the usufruct of land, means to hold, use, and enjoy the products of land the ownership of which belongs to another. Thus a benefice is a form of usufruct. It corresponds practically to modern long lease, which is sometimes expressed in our legal usage as lease for 99 years, etc.
This and the following document are instances of a very common practice; the heirs of the holder of a precarium took it over on the same terms. The result was that the relation tended to become permanent, and a regular class of dependent land-holders grew up. Notice also the subjection of the holders of the precarium to the grantors, in this case secular lords.
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