Front Page Titles (by Subject) 229, 230.: The Attempt of the King to Control the Feudal Nobles. - A Source Book for Mediaeval History. Selected Documents Illustrating the History of Europe in the Middle Age
229, 230.: The Attempt of the King to Control the Feudal Nobles. - Oliver J. Thatcher, A Source Book for Mediaeval History. Selected Documents Illustrating the History of Europe in the Middle Age 
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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- 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.
- 1.: Large Collections; National
- 2.: Large Collections; Ecclesiastical and Papal
- 3.: Special Topics Selected Documents, Etc.
The Attempt of the King to Control the Feudal Nobles.
The Feudal Law of Conrad II, 1037.
The feudal king naturally was not content with his restricted authority under the feudal régime and attempted to assert his right as head of the state to enforce general laws for the whole realm. When the king was strong and able, he could do this to some extent, but when he was weak, his commands received little attention. In the reigns of Conrad II and Frederick I, in Germany, the monarch was able to control his great vassals and enforce obedience to his laws. But the triumph of the papacy, allied with the great nobles of Germany, over the emperor was fatal to the development of a strong monarchy, and after the death of Frederick II the feudal lords became independent princes. See the progressive concessions to princes, nos. 136, 139, 153, 160. In France the monarchy became absolute by acquiring, in accordance with feudal law, actual possession of all the great fiefs. In England, the conflict between the king and the feudal lords gave opportunity for the rise of a representative system of government, which was used sometimes by the king to control the lords (as in the cases of Henry I and Henry II), sometimes by the great lords to control the king (John and Henry III). Thus the feudal system, under different conditions, resulted in France in an absolute monarchy, in England in a constitutional monarchy, and in Germany in a weak central government and a kingdom composed of many practically independent principalities.
In the name of the holy and undivided Trinity. Conrad, by the grace of God emperor of the Romans, Augustus.
(1) Know . . . that we have ordained and established that no knight of a bishop, abbot, margrave, count, or of anyone else, who holds a benefice from the royal or from church lands, shall be deprived of his benefice unless he has been convicted of a crime by his peers, according to the laws of our ancestors. This applies to both our great vassals and their knights.
(2) If a conflict shall have arisen between a great vassal and his knight, and the peers shall have judged that the knight should lose his benefice, and if the knight alleges that he was condemned unjustly, he shall keep his benefice until both parties have come into our presence, where the case shall be settled justly. But if the great vassal is not able to get the peers of the accused to give judgment, the accused shall hold his benefice until he and his overlord and the peers shall have come before us. In such cases, the party who appeals shall notify the other party to the suit, six weeks before he sets out to the royal court. This applies to our great vassals as well.
(3) But cases between lower vassals shall be tried before their lords or before our missi.
(4) We ordain also that when any knight, either of a great vassal or of a rear-vassal, dies, his son shall have his benefice. If he does not leave a son, but a son of his son survives, this grandson shall receive his benefice, observing the custom of great vassals by giving horses and arms to his lord. But if the knight leaves neither son nor grandson, but a brother or a half-brother on the father’s side, that one shall have the benefice, if he is willing to become the knight of the lord of that benefice.
(5) Moreover, we forbid that any lord should trade the benefice which his knight holds, or dispose of it in any way without the knight’s consent. And no one shall dare to take from his knight the lands which he holds by proprietary right or as a libellum or precarium.
(6) The fodrum from the castles which was paid to our ancestors shall be paid to us, but we will not require any which was not paid to them.
The Feudal Law of Frederick I for Italy, 1158.
Frederick, by the grace of God emperor of the Romans, Augustus, to all the faithful subjects of our empire. . . .
At the diet of Roncaglia, where we held a court of justice, as was the custom of our ancestors, the princes of Italy, the rulers of the church, and other faithful subjects made complaint that their vassals were in the habit of pawning or selling the fiefs and benefices which they held of them without their consent. Thereby the princes were deprived of the services due them from these fiefs and the dignity and the revenues of the empire were diminished. Having taken counsel with the bishops, dukes, margraves, counts, palatines, and other nobles, we therefore decree by this edict that no one henceforth shall sell or pawn or devise by will or in any way dispose of his fief or any part of it without the consent of the lord from whom he holds it. The emperor Lothar commanded under similar circumstances that such things should not be done in the future; we, however, hereby declare void not only future alienations of this sort, but also all illegal alienations that have already been made; the purchaser of the fief in such cases shall have an action at law against the seller for the recovery of the price, without regard to the length of time that has elapsed since the transaction. And as some resort to fraudulent sales and transfers under the form of free investiture after receiving the purchase price, we declare that such fictitious sales are void and condemn both seller and purchaser to the loss of the fief, which shall revert to the lord. Any lawyer who draws up such a contract knowingly shall be deprived of his office and lose his hand and be stigmatized with infamy. If any person over fourteen years of age, who has inherited a fief, fails through his own negligence to seek investiture for it from his lord within a year and a day, he shall lose the fief and it shall revert to the lord. If any vassal refuses to obey the summons of his lord to accompany him on an imperial expedition, or fails to come at the time set, or to send a suitable person in his place or to give half the revenue of the fief [as compensation for his service], he shall lose the fief and it shall revert to the lord.
Duchies, marks, and counties may not be divided. Any other fief may be divided if the co-heirs desire, but on the following conditions: Everyone who holds a part of the fief shall swear fidelity to the overlord; no vassal shall have more than one lord for one fief; and the lord shall not transfer the fief to another lord without the consent of the vassal. Vassals shall be responsible to the lord for the conduct of their sons; if the son of a vassal offends the lord, the father, on pain of losing his fief, shall compel him either to make satisfaction to the lord for his fault or to leave his household. If the son refuses to obey, he shall not be allowed to inherit the fief on his father’s death unless he has made satisfaction. Vassals shall in a similar manner be responsible to their lord for the conduct of their vassals, and all their dependents.
In case of a controversy between two vassals of the same lord in regard to a fief, the matter shall be tried and decided by the lord. In case of a controversy between a vassal and his lord, it shall be decided by a court of peers of the vassal, sworn on their oath of fidelity to do justice in the case.
We also decree that in every oath of fidelity the fidelity to the emperor shall be excepted by name.
COURTS, JUDICIAL PROCESSES, AND THE PEACE
It is not our purpose to give a complete account of all the mediæval courts, nor to show fully their mutual connection. Because of the great difficulties of the subject and the lack of suitable documents we name only the most important courts and offer a few passages to illustrate them. It is not that such documents are scarce that we have presented so few of them; but they contain so much that would require long explanations that they would demand far more space than we felt could properly be given to this subject. The materials which we offer illustrate the courts for the most part after 1100, but they throw light on those of the earlier period. In many other documents contained in this book there are references to courts and judicial processes which the student should carefully observe.
I. The royal court. According to mediæval theory the king was the judge in the whole realm. He had jurisdiction over all things. But because he could not be present everywhere and hear all cases, he appointed men (dukes, counts, etc.) to act as judges in his place. But they merely represented him. So whenever the king in his travels comes to a place, he at once replaces the local judge and all the machinery for the administration of justice. Since he was present in person, he needed no one to represent him. Eventually the great princes refused to receive him into their palaces because of the heavy expense in entertaining him and his numerous retinue, so his journeys as judge into their territories gradually ceased. In 1220 Frederick II agreed that he would exercise his rights as judge in the cities of the bishops only during the diets which he should hold in them and a week before and a week after. (See no. 136, par. 10.) He soon ceased to travel as judge, and after 1250 acted as judge only in and during the diets which he held.
Since in theory all judges and courts merely represented the king, he had the right to call before himself any case, no matter where it was pending. This was called the jus evocandi, the “right of calling.” Rudolph of Hapsburg and his successors granted both princes and cities exemption from this. In the Golden Bull (no. 160, chs. VIII and XI) Charles IV renounced all right to call any of the subjects of the electoral princes before his court. These exemptions were gradually extended to all the princes, imperial cities, bishops, and other territorial lords, until in 1487 the crown completely lost its jus evocandi.
In the same way everyone had the right to appeal to the king, against the decision of any court. But in time the king surrendered this also in the same way to the electoral princes and agreed never to receive appeals from any of their subjects. See no. 160.
Frederick II found it impossible to attend to all the business of the royal court, and so in 1235 appointed a justiciar to represent him in all minor cases. See no. 232, par. 28. He also made provision for keeping complete records of the imperial court, and appointed a court secretary and put him under the control of the justiciar. See no. 232, par. 29.
II. The county courts. The county was composed of several districts called hundreds. Each hundred had its court, which was always held in the same place. The count received his authority as judge from the king, and with it the right to inflict the king’s ban or fine of sixty shillings. The count went about from one court place to another, holding three courts a year in each place. This regular court was in session three days. If the business of the court could not be attended to in these three days, the count announced another court to be held a few weeks later. All the freemen of the hundred in which the court was held were bound to be present at it. The courts of the count were called the greater courts (judicia majora) and had jurisdiction over property, criminal actions of a serious character, and suits to recover serfs. The lower or hundred courts (judicia minora, see nos. 139, § 7; no. 231, I, 58) had jurisdiction over cases involving debts, chattels, and trespass. These lower courts were presided over by judges of inferior rank called Schultheissen, Gografen, or hundred-counts, who were either appointed by the count or elected by the people. They merely represented the count, and could not inflict the king’s ban.
The counts were at first regarded as officials of the king, but under the influence of feudalism they became vassals and received their judgeships as fiefs.
III. Courts on the royal domain. All who lived on the crown lands, or royal domain, as they were called, were exempt from the county courts. The king appointed an official to administer justice to them. He was called an advocate and his office an advocacy. His position was similar to that of the count in the county courts. He presided over the judicia majora, and appointed Schultheissen to preside over the judicia minora.
IV. Courts on the lands of bishops and abbots. All those who lived on the lands of bishops and abbots who held directly from the king, were also exempt from the county courts. They were under the jurisdiction of the bishop or abbot, who appointed an advocate to preside over the higher courts, and Schultheissen to preside over the lower. These courts were quite like those on the royal domain.
V. The sovereign courts of the princes. The dukes received their jurisdiction with their fiefs, and in theory their courts did not differ from those of the counts. But they had a different development. For the dukes steadily developed toward sovereignty in their territories, and in 1231 many of them got complete exemption from the royal jurisdiction (see no. 139).
The duke of Austria was the first one to secure such complete exemption (1156); see no. 110. The Golden Bull (chaps. VIII and XI) shows that all the electors had acquired complete exemption and were sovereigns in their territories in the administration of justice.
VI. The courts of great landholders. Every great landholder, having a large number of vassals, held a court for the trial of all questions which arose between him and his vassals, or among his vassals. Since he also had jurisdiction over all the tenants and serfs on his lands, he of course held courts for them, which were similar to those described in III and IV. They are very similar also to the manorial courts in England.
VII. For the courts of the ministerials see nos. 297, 231, III, 42.
VIII. Ecclesiastical courts. There were also ecclesiastical courts which were presided over by clergymen, such as bishops, abbots, cathedral provosts, archbishops, etc. They tried all cases which involved offenses against the laws of the church.
IX. As the cities secured the right to govern themselves, they also in many cases got jurisdiction over themselves. In the documents in section X there are many references to courts and judicial processes in the cities. From the explanations given here the student will be able to understand at least their chief features.
X. Arbitration. Since the courts and the machinery for administering justice proved to be inefficient, it became common, especially among the cities, to create a commission of arbitration to settle all quarrels in a peaceable manner. See no. 319.
In German courts the judge was really only the presiding officer. The decision was rendered by the people who were present or by the Schoeffen. Generally some particular person had the right to propose the verdict (cf. no. 297, § 5). At the proper time the judge asked him what decision he wished to propose. Then the others present might agree with the proposed verdict or offer another in its stead.
In cases where there were no witnesses the accused was compelled to bring one or more of his relatives, friends, or neighbors, who swore that they believed that he was telling the truth. They were called his compurgators.
Schoeffe, pl. Schoeffen, were the permanent judges of the hundred court. They were instituted by Karl the Great to take the place of the temporary rachinburgii of the Salic law (see no. 4, title L, note 5). There were generally twelve of them in each county, and seven must be present before a court could be legally opened. They gave the decision in certain courts, and in so far they may be compared to our modern jury. They held their office for life. In the German cities the board of Schoeffen played a very important part in the administration of justice.
Schoeffen free, or Schoeffenbar free, were all the free-born. They were eligible for the office of Schoeffe.
The Pfleghaften were the free peasants who owned lands but because they did not render military service were compelled to pay an army tax. The payment of this tax was regarded as an evidence that they were not completely free, and hence their position was lower than that of the freemen who rendered military service for their lands.
The Landsassen were, like the leti (see no. 4, title L, note 1), essentially serfs, attached to the soil, and paying fixed rent and services.
The Bauermeister was at the head of the peasants of a village or district and acted as judge in certain cases when no other judge was at hand.
Note the right of the vassal to be tried by a court of his peers, i.e., a court composed of the other vassals of the same lord; and also the right of appeal claimed for the court of the king.
This is an old form of relief.
Feudal tenure of land was not the only form known in the Middle Age. Other more ancient forms still existed in exceptional cases; as here: land held by proprietary right, that is, allodial possessions that had never been feudalized; land held as libellum or precarium, which are about the same. A libellum was a piece of land held by one person from another for a term of years, for life, or with the right of inheritance, for a fixed rent, the libellus being the charter or grant. Libellum, precarium, usufruct, and emphyteusis, are forms of land-holding known to the later Roman law, and differing one from the other only very slightly.
Notice the attempt of the king to enforce his authority in military matters over the vassals of his vassals. In strict feudal law the rear-vassal was responsible only to his immediate lord for the fulfillment of his duties, but the king generally claimed authority over them in matters in which the welfare of the state was concerned, as in the matter of military service in public wars.
In Germany the great lords retained for a long time in theory their character of public officials and their fiefs were regarded as administrative districts of the state. Hence the idea that they were indivisible, a character which still adhered to the lands of the electoral princes in later times (see no. 160, Golden Bull, ch. XX).