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Front Page  Titles (by Subject) 197-202.: The Military Obligation of the Holder of Land. - A Source Book for Mediaeval History. Selected Documents Illustrating the History of Europe in the Middle Age
197-202.: The Military Obligation of the Holder 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
197-202.
The Military Obligation of the Holder of Land.
The connection of military service with the holding of land and with noble character is one of the characteristic features of the feudal system. The feudal noble was regularly the holder of a fief on terms of allegiance and military service to his superior. In the Germanic tribes military service was obligatory on every freeman, but there was also a fighting élite, or aristocracy, composed of the chiefs and their followers (see no. 1, Tacitus, chapters 13 and 14). The military obligation of the freeman remained in theory during the Merovingian and Carolingian periods, but in practice it was connected rather with the possession of land and was performed largely by the lords and their followers. Towards the end of the Merovingian period, much of the land was in the possession of the church and was escaping from public burdens because of immunity. Karl Martel found it necessary to increase the military strength of the kingdom; the particular occasion is supposed to have been the need of horsemen to meet the Arab invasion. He accordingly forced the churches to give portions of their lands to secular persons who could perform military service, and the holders of these lands were required to bring a troop of mounted warriors to the army. Such lands were held on terms of military service to the state and as precaria from the church. The same conditions were then attached to lands held from the king, and the term benefice—used in the earlier period of lands held from another in general—now came to be applied technically to lands held from the king or superior on condition of performing military service, usually on horseback. The number of mounted soldiers the holder of a benefice had to furnish of course varied with the size of his holding. The great lords raised the necessary troops by giving portions of their lands to their retainers on condition that the retainers should accompany them to war. So the obligation to perform military service was attached also to the small estates held not directly from the king, but from a great lord. We give here references to the appropriation of church lands, to the relation of the holder of the lands to the church and to the king, and to the extension of the name and practice to other than church lands. 197.
Capitulary of Lestinnes, 743.
This is a capitulary of Carlmann, the brother of Pippin. It is the earliest case which has come down to us of appropriation of church lands for the purpose referred to. 2. Because of the threats of war and the attacks of certain tribes on our borders, we have determined, with the consent of God and by the advice of our clergy and people, to appropriate for a time part of the ecclesiastical property for the support of our army. The lands are to be held as precaria for a fixed rent; one solidus, or twelve denarii, shall be paid annually to the church or monastery for each casata [farm]. When the holder dies the whole possession shall return to the church. If, however, the exigency of the time makes it necessary, the prince may require the precarium to be renewed and given out again. Care shall be taken, however, that the churches and monasteries do not incur suffering or poverty through the granting of precaria. If the poverty of the church makes it necessary, the whole possession shall be restored to the church. The whole capitulary, of which paragraph 2 is translated, is concerned with ecclesiastical matters; accordingly only the interests of the church in the military benefice is explained here. The relation of the holder to the state comes out in other documents. Notice the express reason given for the appropriation, and the relation of the holder to the church from which the land was held. 198.
Capitulary of Aquitaine, Pippin, 768.
5. Whoever holds a benefice from us shall be careful and diligent in its management; otherwise he shall lose the benefice, but retain his own property.
11. All secular persons who hold church lands shall hold them as precaria. Paragraph 5 refers to lands held from the king. Notice the distinction made between such land and land held in full ownership. Paragraph 11 repeats the provision made in the preceding number, that lands held from the church as benefices are to be regarded as precaria; this is found in a number of capitularies of this period, suggesting that the holders were apt to forget their obligation to the church and to treat the land as their own property. 199.
Capitulary of Heristal, 779.
14. (Lombard form.) Laymen who hold lands from churches as benefices by the command of the king, are to continue to hold them unless the king orders them restored to the churches.
200.
General Capitulary to the Missi, 802.
Part of this capitulary is also translated as no. 9. This and the following document illustrate the holding of royal benefices, and the difficulty in making the holders perform their duties. It was part of the duty of the missi to look after the royal benefices. 6. No man shall lay waste a benefice in order to improve his own property.
201.
Capitulary to the Missi, 806.
6. We have heard that counts and other men who hold benefices from us have improved their own property at the expense of the benefices, and have made the serfs on the benefices labor on their own land, so that our benefices are waste and those dwelling on them in many places suffer great evils.
7. We have heard that some sell the benefices which they hold from us to other men in full ownership, and then, having received the price in the public court, they buy back the lands as allodial lands. This must not be done, for those who do this break the faith which they promised us.
202.
Capitulary Concerning Various Matters, 807.
3. Concerning the Frisians, we command that our counts and vassals who hold benefices, and all horsemen in general, shall come to our assembly prepared for war.
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