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Front Page  Titles (by Subject) 208.: Capitulary of Bologna, 811. - A Source Book for Mediaeval History. Selected Documents Illustrating the History of Europe in the Middle Age
208.: Capitulary of Bologna, 811. - 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
208.
Capitulary of Bologna, 811.
5. If any man who holds a benefice of the king shall release his subject from going to war with him or shall refuse to allow him to go and fight with him, he shall lose his benefice.
7. Concerning the vassals of the emperor who serve him in the palace, and have benefices. It is decreed that those who remain at home with the emperor shall not keep their tenants with them, but shall let them go to war with the count of the county. The name senior is used in Carolingian documents for the lord who has authority over dependent tenants and vassals. Notice in the two documents preceding that the subjects of a lord are bound to him by law, and that they go to war, not with the general levy under command of public officials, but with their fellows of the same lands under command of the senior. 209-228.
The Feudal System in its Definite Form.
The elements already described became the system of society and government in the states which in the ninth and tenth centuries developed from the empire on its dissolution. The system gradually became settled and organized, the feudal kingship developed to give it a head, and it took the form recognized as the feudal system. The features to be noticed are the relation of the vassal to his lord, the position of the king, and the economic organization of the land and the obligations of the cultivators to the landlords. The origin and growth of these features in the earlier age have been shown in nos. 180-208; it only remains to show how they were organized in the feudal age. The vassal was bound to the lord of whom he held a benefice or fief by the oath of fidelity and homage. He also owed his lord certain services of noble character, the chief of which was military service. This was not perpetual service, but was limited by law or custom, usually consisting of 40 days’ active service, and a certain amount of guard in the castle of the lord or in the castle which the vassal held as a fief of the lord. Aids or money payments were also paid by vassals on certain occasions, such as the marriage of the lord’s oldest daughter, the knighting of the lord’s oldest son, and the captivity of the lord. The lord had also certain rights over his vassals, which were frequently commuted for money: wardship, the right of guardianship of minor heirs, and the management and use of the fiefs during the minority; marriage, the right to choose or be consulted in the choice of a husband for female holders of fiefs; relief, the right to exact a certain payment from the heir when he succeeded to a fief; escheat, the right of taking back the fief into his own possession upon the failure of heirs, etc. These rights and payments have their origin in the personal dependence of the vassal upon the lord. They were occasional and did not form a part of the regular income of the lord, although they might be worth considerable at times. The regular income of the lord came from his domain lands, the lands which were not let out in fief, but which were cultivated by tenants or serfs, and which supplied the lord with money, resources, and services. The authority of the king in the feudal state was very limited. This was due chiefly to the fact that each lord exercised practically sovereign rights over his lands and dependents. The feudal king was in origin one of the great feudal lords (cf. in France, Hugh Capet, duke of Francia; and in Germany, Henry I, duke of Saxony), who was chosen by the great lords and became their overlord. He had the same rights on his own domains as any feudal lord, but had only the authority of an overlord over his great vassals. He had no direct control over the vassal of his vassal, but could reach such an one only indirectly through that person’s immediate superior. The holders of great domains exercised not only jurisdiction over the tenants on their lands, but possessed also other sovereign rights, such as the right of coinage, of collecting tolls and taxes, etc. The basis of the economic life of the feudal age was the cultivation of land. Commerce, trade, and organized industry did of course exist during the Middle Age, but they were non-feudal in spirit and grew up outside of and in spite of feudalism. Land was organized in domains or estates, containing each a group of cultivators forming a community or little village. These cultivators held their land from the landlord on very complex terms of rent and services. Rents were paid in money or in a portion of the produce of the land. In each village the lord had a house, and a farm (manor-farm or head farm) which was worked by personal serfs and by the services owed by tenants. Aside from rents and services the lord possessed certain rights over his tenants, which were a source of revenue. The chief of these were: justice, the right to hold courts on his lands for the trial of cases arising among the tenants, and to levy and collect the fines; banalities (banvin, etc.); the right to sell his own wine, grain, etc., a certain number of days before the tenants could sell theirs (this he frequently released for a certain tax); the rights of market, mill, bake-oven, etc., which were owned by the lord, and from which he received tolls (these were frequently let out to other persons for an annual rent). A great lord, as a count or duke, would own a great many such domains, and would have a house or castle and farm in each one, and an agent or representative to care for his interests in the domain. Nobles of the lowest rank, as the knight or chatelain, might own only two or three, or even a single domain. 209-217.
Homage, Investiture, Aids, etc.
209.
Homage.
These documents illustrate the form of feudal practices after the system had become fairly well fixed. Most of the passages are from Coutumiers, codes or digests of feudal law and practice, of which there were a great many in the Middle Age. Some of the famous ones are: in England, those of Bracton and Littleton; in France, the Établissements de St. Louis, Coutumes de Beauvaisis, by Beaumanoir, and several provincial customs, as the Coutumes of Normandy, of Anjou, etc. Most of the references were taken from Du Cange, Glossarium, Hominium. See no. 180, for an early form of homage. The man should put his hands together as a sign of humility, and place them between the two hands of his lord as a token that he vows everything to him and promises faith to him; and the lord should receive him and promise to keep faith with him. Then the man should say: “Sir, I enter your homage and faith and become your man by mouth and hands [i.e., by taking the oath and placing his hands between those of the lord], and I swear and promise to keep faith and loyalty to you against all others, and to guard your rights with all my strength.”
210.
Homage.
The manner of doing homage to another is as follows: The man who wishes to enter the homage and fealty of a lord should humbly request the lord to receive him into his faith; his head should be uncovered, and the lord may be seated if he wishes; the vassal should take off his belt and sword, and should kneel and say the words of homage, etc.
211.
Homage.
The form of homage is as follows: The vassal who holds by noble tenure reaches out his hands and places them between the hands of his lord and says, etc.
212.
Homage.
The tenant [vassal] should place his clasped hands between the hands of the lord; by this is signified, on the part of the lord, protection, defense, and guarantee; on the part of the vassal, reverence and subjection.
213.
Homage.
I, John of Toul, make known that I am the liege man of the lady Beatrice, countess of Troyes, and of her son, Theobald, count of Champagne, against every creature, living or dead, saving my allegiance to lord Enjorand of Coucy, lord John of Arcis, and the count of Grandpré. If it should happen that the count of Grandpré should be at war with the countess and count of Champagne on his own quarrel, I will aid the count of Grandpré in my own person, and will send to the count and the countess of Champagne the knights whose service I owe to them for the fief which I hold of them. But if the count of Grandpré shall make war on the countess and the count of Champagne on behalf of his friends and not in his own quarrel, I will aid in my own person the countess and count of Champagne, and will send one knight to the count of Grandpré for the service which I owe him for the fief which I hold of him, but I will not go myself into the territory of the count of Grandpré to make war on him.
214.
Homage of Edward III of England to Philip V of France, 1329.
The king of England was received by the king of France with great honor, and he and his company remained there at Amiens fifteen days, during which many conferences were held and many ordinances drawn up. It seems to me that on that occasion king Edward did homage in words, but did not place his hands in the hands of the king of France, nor did any of his princes, prelates or representatives do so for him. By the advice of his council king Edward refused to proceed further until he had returned to England and had examined the ancient charters in order to determine the manner in which the kings of England had done homage to the kings of France. . . . At last the king of England wrote letters patent, sealed with his great seal, in which he acknowledged the sort of homage that he ought to pay to the king of France. This is the form of that letter:
Edward, by the grace of God king of England, lord of Ireland, and duke of Aquitaine, etc. Know that when we did homage to our beloved lord and cousin, Philip, king of France, at Amiens, he insisted that we should acknowledge that our homage was liege homage, and that in it we should expressly promise to be faithful and true to him. We would not agree to this at the time, because we did not know whether we owed him liege homage or not. Accordingly we did homage in general terms, saying that we entered into his homage in the same manner as our predecessors, the dukes of Guienne, had formerly entered into the homage of the kings of France. But now having found what that manner was, we acknowledge by the present letter that the homage which we paid to the king of France at Amiens was, is, and ought to be held to be liege homage; and that we owe him loyalty and fidelity as duke of Aquitaine, peer of France, count of Ponthieu, and count of Montreuil; and we hereby promise him such loyalty and fidelity. In order that similar disputes may not occur in the future, we promise for ourselves and for future dukes of Aquitaine that homage shall be performed in the following manner: The king of England as duke of Aquitaine shall put his hands within the hands of the king of France, and the person who speaks for the king of France shall say to the king of England as duke of Aquitaine: “You become the liege man of my lord the king of France as duke of Aquitaine, and peer of France, and you promise to keep faith and loyalty to him? Say yea.” And the king of England, or the duke of Guienne, or their successor, shall say “Yea.” Then the king of France shall receive the king of England, as duke of Guienne, by mouth and hands [see no. 209], saving their other rights. Moreover, when the said king of England does homage to the king of France for the counties of Ponthieu and Montreuil, he shall put his hands in the hands of the king of France for those counties, and the person who speaks for the king of France shall say, etc. . . .
215.
Feudal Aids.
The chief aids of Normandy are so called because they are rendered to chief lords [i.e., to lords who receive liege homage]. It is the custom in Normandy to pay three aids . . . first, for the knighting of the lord’s oldest son; second, for the marriage of the lord’s oldest daughter; third, for the ransom of the lord.
216.
Feudal Aids.
In the chatelainerie [territory dependent on a castle] of Poitou and that region, according to the custom of the land, those who hold fiefs pay five aids to the lord: for the knighting of the lord’s son, for the marriage of the lord’s oldest daughter, for the rachat of the lord’s fief, for the crusade, and for the ransom of the lord from the hands of the Saracens.
217.
Feudal Aids, etc.
In the first part of Magna Charta, John promises to give up the abuses of feudal law which he had practiced. Thus he had exacted exorbitant payments from heirs for inheritance of fiefs (reliefs); he had forced widows and female heirs under his wardship to marry his favorites and supporters, or had exacted heavy fines if they refused; he had levied unjust aids and services, and a heavy scutage, or payment for exemption from military service. 2. If one of our knights or barons or other tenants-in-chief [i.e., direct vassals] who hold by military service shall die and shall leave an heir who is of age, the heir shall receive his father’s fiefs by paying only the ancient relief; namely, the heir or heirs of an earl shall pay 100 pounds for the whole earldom; the heir or heirs of a knight shall pay 100 solidi for the whole fief of the knight; and those who inherit smaller holdings shall pay smaller reliefs according to the ancient custom.
3. But if the heir of any of our tenants-in-chief is under age and is under our ward, he shall have his fiefs when he comes of age without relief or fine.
8. No widow shall be forced to marry unless she wishes to; but she must give security that she will not marry without our consent, if she holds of us, or without the consent of her lord, if she holds of another.
12. No scutage or aid shall be exacted in our kingdom, unless by the common consent of the realm, except for the ransom of our body, the knighting of our oldest son, and the marriage of our oldest daughter; and these shall be levied at reasonable rates.
218-228.
The Feudal System in Practice, Illustrated by the County of Champagne.
Actual conditions under the feudal system will, it is thought, be best illustrated by showing in some detail the workings of the system in a single important case. The following documents are taken from the great French collection of documents called “Documents inédits sur l’histoire de France”; two volumes are devoted to the county of Champagne and contain all the important documents relating to the growth and formation of the feudal territory of Champagne, the relation of the counts to their overlords on the one hand, and to their vassals on the other, and the organization of the lands retained by the counts as domain lands, i.e., cultivated by tenants for the count and not let out in fief. The county of Champagne is chosen because it is one of the best examples of the formation of a great feudal territory, and because the two volumes referred to form the most complete as well as most accessible collection of illustrative material for the feudal régime in its practical working. 218-225.
Homages Paid by the Count of Champagne.
This is a good illustration of the confusion of the feudal relation in practice. The vassal held land in this case from four lords, to all of whom he did homage and owed allegiance and military service. It was the usual practice for the vassal to do liege homage to one of the lords, who was his chief or liege lord, and to whom he owed service first of all. Notice the compromise arrived at in this case. For distinction between liege homage and simple homage see also no. 214, and no. 218, introductory note.
Rachat, see no. 228, Troyes, note 2.
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