The Online Library of Liberty

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• Preface
• I.: The Germans and the Empire to 1073
• 1.: Selections From the Germania of Tacitus, Ca. 100 Ad
• 2.: Procopius, Vandal War. (greek.)
• 3.: Procopius, Gothic War. (greek.)
• 4.: The Salic Law.
• 5.: Selections From the History of the Franks, By Gregory of Tours.
• 6.: The Coronation of Pippin, 751.
• 7.: Einhard’s Life of Karl the Great.
• 8.: The Imperial Coronation of Karl the Great, 800.
• 9.: General Capitulary About the Missi, 802.
• 10.: Selections From the Monk of St. Gall.
• 11.: Letter of Karl the Great to Baugulf, Abbot of Fulda, 787.
• 12.: Letter of Karl the Great In Regard to the Two Books of Sermons Prepared By Paul the Deacon, Ca. 790.
• 13.: Recognition of Karl By the Emperors At Constantinople, 812.
• 14.: Letter of Karl to Emperor Michael I, 813.
• 15.: Letter to Ludwig the Pious Concerning the Appearance of a Comet, 837.
• 16.: The Strassburg Oaths, 842.
• 17-18.: the Treaty of Verdun, 843.
• 17.: Annales Bertiniani.
• 18.: Regino.
• 19.: The Treaty of Meersen, 870.
• 20.: Invasions of Northmen At the End of the Ninth Century.
• 21.: Invasion of the Hungarians, Ca. 950.
• 22.: Dissolution of the Empire.
• 23.: The Coronation of Arnulf, 896.
• 24, 25.: Rise of the Tribal Duchies In Germany, Ca. 900.
• 24.: Saxony.
• 25.: Suabia.
• 26.: Henry I and the Saxon Cities, 919-36.
• 27.: The Election of Otto I, 936.
• 28.: Otto I and the Hungarians.
• 29.: The Imperial Coronation of Otto I, 962.
• 30-31.: the Acquisition of Burgundy By the Empire, 1018-1032.
• 30.: Thietmar of Merseburg.
• 31.: Wipo, Life of Conrad II.
• 32.: Henry Iii and the Eastern Frontier, 1040 to 1043.
• II.: The Papacy to the Accession of Gregory Vii, 1073
• 33.: Legislation Concerning the Election of Bishops, Fourth to the Ninth Century.
• 34.: The Pope Must Be Chosen From the Cardinal Clergy of Rome, 769.
• 35.: The Petrine Theory As Stated By Leo I, 440-61.
• 36.: The Emperor Gives the Pope Authority In Certain Secular Matters.
• 37.: The Emperor Has the Right to Confirm the Election of the Bishop of Rome, Ca. 650. a Letter From the Church At Rome to the Emperor At Constantinople, Asking Him to Confirm the Election of Their Bishop.
• 38.: A Letter From the Church At Rome to the Exarch At Ravenna, Asking Him to Confirm the Election of Their Bishop, Ca. 600.
• 39.: Gregory I Sends Missionaries to the English, 596.
• 40.: The Oath of Boniface to Pope Gregory Ii, 723.
• 41-42.: the Rebellion of the Popes Against the Emperor.
• 41.: Letter of Pope Gregory Ii to the Emperor, Leo Iii, 726 Or 727.
• 42.: Gregory Iii Excommunicates All Iconoclasts, 731 Ad
• 43.: The Pope, Gregory Iii, Asks Aid of the Franks Against the Lombards, 739. A Letter of Gregory Iii to Karl Martel.
• 44-46.: the Acquisition of Land By the Pope.
• 44.: Promise of Pippin to Pope Stephen Ii, 753-54.
• 45.: Donation of Pippin, 756.
• 46.: Promise of Charles to Adrian I, 774.
• 47.: Karl the Great Declares the Pope Has Only Spiritual Duties, 796. Letter of Karl to Leo III.
• 48.: Karl the Great Exercises Authority In Rome, 800.
• 49.: The Oath of Pope Leo Iii Before Karl the Great, 800.
• 50.: The Oath of the Romans to Ludwig the Pious and Lothar, 824.
• 51.: The Emperor Admits the Right of the Pope to Confer the Imperial Title. Passages From a Letter of Ludwig Ii, Emperor, to Basil, Emperor At Constantinople, 871.
• 52.: The Pope Enacts That Papal Elections Must Take Place In the Presence of the Emperor’s Representatives. Enactment of a Roman Synod Held By John Ix, 898.
• 53.: The Oath of Otto I to John Xii, 961.
• 54.: Otto I Confirms the Pope In the Possession of His Lands, 962.
• 55.: Leo Viii Grants the Emperor the Right to Choose the Pope and Invest All Bishops, 963.
• 56.: The Pope Confers the Royal Title. a Letter of Pope Sylvester Ii to Stephen of Hungary, 1000.
• 57.: The Emperor, Henry Iii, Deposes and Creates Popes, 1048.
• 58.: The Pope Becomes the Feudal Lord of Southern Italy and Sicily, 1059. The Oaths of Robert Guiscard to Pope Nicholas Ii, 1059.
• 59.: The Papal Election Decree of Nicholas Ii, 1059.
• III.: The Struggle Between the Empire and the Papacy, 1073-1250
• 60-64.: Prohibition of Simony, Marriage of the Clergy, and Lay Investiture, 1074-1123.
• 60.: Prohibition of Simony and of the Marriage of the Clergy, 1074 Ad
• 61.: Simony and Celibacy. the Roman Council, 1074.
• 62.: Celibacy of the Clergy. Gregory Vii, 1074.
• 63.: Action of the Ninth General Council In the Lateran Against the Marriage of the Clergy, 1123 Ad
• 64.: Prohibition of Lay Investiture, November 19, 1078.
• 65.: Dictatus Papæ, Ca. 1090.
• 66.: Letter of Gregory Vii to All the Faithful, Commending His Legates, 1074.
• 67.: Oath of the Patriarch of Aquileia to Gregory Vii, 1079 Ad
• 68-73.: Gregory Vii Exercises Secular Authority.
• 68.: The Oath of Fidelity Which Richard, Prince of Capua, Swore to Gregory Vii, 1073.
• 69.: Letter of Gregory Vii to the Princes Wishing to Reconquer Spain, 1073.
• 70.: Letter of Gregory Vii to Wratislav, Duke of Bohemia, 1073.
• 71.: Letter of Gregory Vii to Sancho, King of Aragon, 1074.
• 72.: Letter of Gregory Vii to Solomon, King of Hungary, 1074.
• 73.: Letter of Gregory Vii to Demetrius, King of the Russians, 1075.
• 74-81.: Conflict Between Henry Iv and Gregory VII.
• 74.: Letter of Gregory Vii to Henry Iv, December, 1075.
• 75.: The Deposition of Gregory Vii By Henry Iv, January 24, 1076.
• 76.: Letter of the Bishops to Gregory Vii, January 24, 1076.
• 77.: The First Deposition and Excommunication of Henry Iv By Gregory Vii, 1076.
• 78.: The Agreement At Oppenheim, October, 1076.
• 79.: Edict Annulling the Decrees Against Pope Gregory.
• 80.: Letter of Gregory Vii to the German Princes Concerning the Penance of Henry Iv At Canossa, Ca. January 28, 1077.
• 81.: The Oath of King Henry.
• 82.: Countess Matilda Gives All Her Lands to the Church, 1102.
• 83.: The First Privilege Which Paschal Ii Granted to Henry V, February 12, 1111.
• 84.: The Second Privilege Which Paschal Ii Granted to Henry V, April 12, 1111.
• 85-86.: Concordat of Worms, 1122.
• 85.: The Promise of Calixtus II.
• 86.: The Promise of Henry V.
• 87.: Election Notice, 1125.
• 88.: Anaclete Ii Gives Roger the Title of King of Sicily, 1130.
• 89.: The Coronation Oath of Lothar Ii, June 4, 1133.
• 90.: Innocent Ii Grants the Lands of the Countess Matilda As a Fief to Lothar Ii, 1133.
• 91.: Letter of Bernard of Clairvaux to Lothar Ii, 1134.
• 92.: Letter of Bernard to Conrad Iii, 1140.
• 93.: Letter of Conrad Iii to the Greek Emperor, John Comnenus, 1142.
• 94.: Letter of Wibald, Abbot of Stablo, to Eugene Iii, 1159.
• 95.: Letter of Frederick I to Eugene Iii, Announcing His Election, 1152.
• 96.: Answer of Eugene Iii, May 17, 1152.
• 97.: Treaty of Constance, 1153.
• 98.: The Stirrup Episode, 1155.
• 99.: Treaty Between Adrian Iv and William of Sicily, 1156.
• 100-102.: the Besançon Episode, 1157.
• 100.: Letter of Adrian Iv to Frederick, September 20, 1157.
• 101.: Manifesto of the Emperor, October, 1157.
• 102.: Letter of Adrian Iv to the Emperor, February, 1158.
• 103.: Definition of Regalia Or Crown Rights, Given At the Diet Held On the Roncalian Plain, 1158.
• 104.: Grounds For the Quarrel Between Adrian Iv and Frederick I. Letter of Eberhard, Bishop of Bamberg, to Eberhard, Archbishop of Salzburg, 1159.
• 105-107.: the Disputed Papal Election of 1159.
• 105.: Letter of Alexander Iii About His Election, 1159.
• 106.: Letter of Victor Iv to the German Princes, 1159.
• 107.: The Account of the Election As Given By Gerhoh of Reichersberg, Ca. 1160.
• 108.: The Preliminary Treaty of Anagni Between Alexander Iii and Frederick I, 1176.
• 109.: The Peace of Constance, January 25, 1183.
• 110.: The Formation of the Duchy of Austria, 1156.
• 111.: The Bishop of Würzburg Is Made a Duke, 1168.
• 112.: Decree of Gelnhausen, 1180.
• 113.: Papal Election Decree of Alexander Iii, 1179.
• 114-115.: Supremacy of the Papal Power.
• 114.: Innocent Iii to Acerbius, 1198.
• 115.: The Use of the Pallium. Innocent Iii to the Archbishop of Trnova (in Bulgaria), 1201.
• 116-118.: the Punishment of Heretics.
• 116.: Innocent Iii to the Archbishop of Auch In Gascony, 1198.
• 117.: Innocent Iii Commands All In Authority to Aid His Legates In Destroying Heresy, 1198.
• 118.: Confiscation of the Property of Heretics. Innocent Iii to the King of Aragon, 1206.
• 119.: Innocent Iii Commands the French Bishops to Punish Usury, 1198.
• 120.: Innocent Iii Forbids Violence to the Jews, 1199.
• 121.: Innocent Iii to the Archbishop of Rouen, 1198.
• 122.: Innocent Iii to a Bishop, Forbidding Laymen to Demand Tithes of the Clergy, 1198.
• 123-125.: the Secular Power of Innocent III.
• 123.: The Prefect of Rome Takes the Oath of Fidelity to the Pope, 1198.
• 124.: John of Ceccano’s Oath of Fidelity to Innocent Iii, 1201.
• 125.: Innocent Iii Commands the Archbishop of Messina to Receive the Oaths of Bailiffs In Sicily, 1203.
• 126.: Innocent Iii Commands the English Barons to Pay Their Accustomed Scutage to King John, 1206.
• 127.: Innocent Iii to Peter of Aragon, 1211.
• 128.: Innocent Iii Grants the Title of King to the Duke of Bohemia, 1204.
• 129.: Innocent Iii Rebukes the English Barons For Resisting King John of England, 1216.
• 130.: Decision of Innocent Iii In Regard to the Disputed Election of Frederick Ii, Philip of Suabia, and Otto of Brunswick, 1201.
• 131.: Treaty Between Philip, King of Germany, and Philip Ii, King of France, 1198.
• 132.: Alliance Between Otto Iv and John of England, 1202.
• 133.: Concessions of Philip of Suabia to Innocent Iii, 1203.
• 134.: Promise of Frederick Ii to Innocent Iii, 1213.
• 135.: Promise of Frederick Ii to Resign Sicily After His Coronation As Emperor, 1216.
• 136.: Concessions of Frederick Ii to the Ecclesiastical Princes of Germany, 1220.
• 137.: Decision of the Diet Concerning the Granting of New Tolls and Mints, 1220.
• 138.: Frederick Ii Gives a Charter to the Patriarch of Aquileia, 1220.
• 139.: Statute of Frederick Ii In Favor of the Princes, 1231-2.
• 140-142.: Treaty of San Germano, 1230.
• 140.: The Preliminary Agreement.
• 141.: Papal Stipulations In the Peace of San Germano, 1230.
• 142.: Letter of Gregory Ix About the Emperor’s Visit to Him After the Peace of San Germano, 1230.
• 143-144.: the Final Struggle Between Gregory Ix and Frederick II.
• 143.: Papal Charges and Imperial Defence, 1238.
• 144.: The Excommunication of Frederick Ii, 1239.
• 145.: Current Stories About Frederick II.
• IV.: The Empire From 1250 to 1500
• 146.: Diet of Nürnberg, 1274.
• 147.: The German Princes Confirm Rudolf’s Surrender of All Imperial Claims In Italy, 1278-79.
• 148.: Revocation of Grants of Lands Belonging to the Imperial Domain, 1281.
• 149.: An Electoral “letter of Consent,” 1282.
• 150.: Letter of Rudolf to Edward I, King of England, Announcing His Intention of Investing His Sons With Austria, Etc., 1283.
• 151.: Decree Against Counterfeiters, 1285.
• 152.: The Beginning of the Swiss Confederation, 1290.
• 152 A.: Edict of Rudolf, Forbidding Judges of Servile Rank to Exercise Authority In Schwyz, 1291.
• 153.: Concessions of Adolf, Count of Nassau, to the Archbishop of Cologne In Return For His Vote, 1292.
• 154.: The Archbishop of Mainz Is Confirmed As Archchancellor of Germany, 1298.
• 155.: Declaration of the Election of Henry Vii, 1308.
• 156.: The Supplying of the Office of the Archchancellor of Italy, 1310.
• 157.: The Law “licet Juris” of the Diet of Frankfort, August 8, 1338.
• 158-159.: the Diet of Coblenz, 1338.
• 158.: Chronicle of Flanders. (french.)
• 159.: Chronicle of Henry Knyghton.
• 160.: The Golden Bull of Charles Iv, 1356.
• 160 a and 160 B.: the Acquisition of the Mark of Brandenburg By the Hohenzollern Family, 1411.
• 160 A.: the Cities of the Mark Make Complaints to Sigismund, 1411. ( German. )
• 160 B.: Sigismund Orders the People of the Mark to Receive Frederick of Hohenzollern As Their Governor, 1412. ( German. )
• V.: The Church From 1250 to 1500
• 161.: Bull of Nicholas Iii Condemning All Heretics, 1280.
• 162.: The Bull “clericis Laicos” of Boniface Viii, 1298.
• 163.: Boniface Viii Announces the Jubilee Year, 1300.
• 164.: The Bull “unam Sanctam” of Boniface Viii, 1302.
• 165.: Conclusions Drawn By Marsilius of Padua From His “defensor Pacis.”
• 166.: Condemnation of Marsilius of Padua. 1327.
• 167.: The Beginning of the Schism. the Manifesto of the Revolting Cardinals. Aug. 5, 1378.
• 168.: The University of Paris and the Schism, 1393.
• 169.: The Council of Pisa Declares It Is Competent to Try the Popes. 1409.
• 170.: An Oath of the Cardinals to Reform the Church. Council of Pisa, 1409.
• 171.: The Council of Constance Claims Supreme Authority, 1415.
• 172.: Reforms Demanded By the Council of Constance, 1417.
• 173.: Concerning General Councils. the Council of Constance, 39th Session, October 9, 1417.
• 174.: Pius Ii, By the Bull “execrabilis,” Condemns Appeals to a General Council, 1459.
• 175.: William Iii of Saxony Forbids Appeals to Foreign Courts, 1446.
• 176.: Papal Charter For the Establishment of the University of Avignon, 1303.
• 177.: Popular Dissatisfaction That the Church Had So Much Wealth, Ca. 1480.
• 178.: Complaints of the Germans Against the Pope, 1510.
• 179.: Abuses In the Sale of Indulgences, 1512.
• VI.: Feudalism
• 180.: Form For the Creation of an Antrustio By the King.
• 181.: Form For the Suspending of Lawsuits.
• 182.: Form For Commendation. Middle of Eighth Century.
• 183.: Form By Which the King Allows a Powerful Person to Undertake the Cases of a Poor Person.
• 184-188.: Dependent Tenure of Land.
• 184.: Form For the Gift of Land to a Church to Be Received Back By the Giver As a Benefice.
• 185.: Form For a Precarial Letter.
• 186.: Form of Precarial Letter.
• 187.: Form of Precarial Letter.
• 188.: Gift of Land to Be Received Back and Held In Perpetuity For a Fixed Rent.
• 189.: Treaty of Andelot, 587.
• 190-194.: Grants of Immunity.
• 190.: Precept of Chlothar Ii, 584-628.
• 191.: Grant of Immunity to a Monastery, 673.
• 192.: Form of a Grant of Immunity to a Monastery.
• 193.: Form By Which the King Granted Lands With Immunity to Secular Persons.
• 194.: Grant of Immunity to a Secular Person, 815.
• 195-196.: the Feudalizing of Public Offices.
• 195.: Edict of Chlothar Ii, 614.
• 196.: Capitulary of Kiersy, 877.
• 197-202.: the Military Obligation of the Holder of Land.
• 197.: Capitulary of Lestinnes, 743.
• 198.: Capitulary of Aquitaine, Pippin, 768.
• 199.: Capitulary of Heristal, 779.
• 200.: General Capitulary to the Missi, 802.
• 201.: Capitulary to the Missi, 806.
• 202.: Capitulary Concerning Various Matters, 807.
• 203-208.: Effect of the Carolingian Organization On the Growth of Feudalism.
• 203.: General Capitulary to the Missi, 805.
• 204.: Capitulary of 811.
• 205.: Capitulary of Worms, 829.
• 206.: Capitulary of Aachen, 801-813.
• 207.: Agreement of Lothar, Ludwig, and Charles, 847.
• 208.: Capitulary of Bologna, 811.
• 209.: Homage.
• 210.: Homage.
• 211.: Homage.
• 212.: Homage.
• 213.: Homage.
• 214.: Homage of Edward Iii of England to Philip V of France, 1329.
• 215.: Feudal Aids.
• 216.: Feudal Aids.
• 217.: Feudal Aids, Etc.
• 218-225.: Homages Paid By the Count of Champagne.
• 218.: Homage to the Duke of Burgundy, 1143.
• 219.: Homage to Philip Ii of France, 1198.
• 220.: Homage to the Duke of Burgundy, 1200.
• 221, 222.: Agreement Between Blanche of Champagne and Philip Ii, 1201.
• 221.: Letter of Blanche.
• 222.: Letter of the King.
• 223.: Homage to the Bishop of Langres, 1214.
• 224.: Homage to the Bishop of Châlons, 1214.
• 225.: Homage to the Abbot of St. Denis, 1226.
• 226.: List of the Fiefs of Champagne, About 1172.
• 227.: Sum of the Knights [who Owe Service to the Count of Champagne].
• 228.: Extent of the Lands of the County of Champagne and Brie, About 1215.
• 229, 230.: The Attempt of the King to Control the Feudal Nobles.
• 229.: The Feudal Law of Conrad Ii, 1037.
• 230.: The Feudal Law of Frederick I For Italy, 1158.
• VII.: Courts, Judicial Processes, and the Peace
• 231.: Sachsenspiegel.
• 232.: Frederic Ii Appoints a Justiciar and a Court Secretary, 1235. From the Peace of the Land Which Was Proclaimed At Mainz, 1235.
• 233.: Wenzel Creates a Commission to Arbitrate All Differences, 1389. From the Peace of Eger, 1398. (german.)
• 234-239.: Ordeals Or Judgments of God.
• 234.: Ordeal By Hot Water.
• 235.: Ordeal By Hot Iron.
• 236.: Ordeal By Cold Water.
• 237.: Ordeal By Cold Water.
• 238.: Ordeal By the Barley Bread.
• 239.: Ordeal By Bread and Cheese.
• 240-250.: Documents On the Peace of God, the Truce of God, and the Peace of the Land.
• 240.: Peace of God, Proclaimed In the Synod of Charroux, 989.
• 241.: Peace of God, Proclaimed By Guy of Anjou, Bishop of Puy, 990.
• 242.: Truce of God, Made For the Archbishopric of Arles, 1035-41.
• 243.: Truce of God For the Archbishoprics of Besancon and Vienne, Ca., 1041.
• 244.: Truce For the Bishopric of Terouanne, 1063.
• 245.: Peace of the Land Established By Henry Iv, 1103.
• 246.: Peace of the Land For Elsass, 1085-1103.
• 247.: Decree of Frederick I Concerning the Keeping of Peace, 1156.
• 248.: Peace of the Land Declared By Frederick I In Italy, 1158.
• 249.: The Perpetual Peace of the Land Proclaimed By Maximilian I, 1495. ( German. )
• 250.: The Establishment of a Supreme Court to Try Peace-breakers, 1495. ( German. )
• VIII.: Monasticism
• 251.: The Rule of St. Benedict. About 530.
• 252.: Oath of the Benedictines.
• 253.: Monk’s Vow.
• 254.: Monk’s Vow.
• 255.: Monk’s Vow.
• 256.: Monk’s Vow.
• 257.: The Written Profession of a Monk.
• 258.: The Ceremony of Receiving a Monk Into the Monastery.
• 259.: Offering of a Child to the Monastery.
• 260.: Offering of a Child to the Monastery.
• 261.: Commendatory Letter.
• 262.: Commendatory Letter.
• 263.: General Letter.
• 264.: Letter of Dismissal.
• 265.: The Regular Clergy. Prologue of the Rule of St. Chrodegang, Bishop of Metz, For His Clergy, Ca. 744.
• 265 A.: Military-monkish Orders. the Origin of the Templars, 1119.
• 266.: Anastasius Iv Grants Privileges to the Knights of St. John (hospitallers), 1154.
• 267.: Innocent Iii Orders the Bishops of France to Guard Against Simony In the Monasteries, 1211.
• 268.: Innocent Iii Grants the Use of the Mitre to the Abbot of Marseilles, 1204.
• 269.: The Friars. the Rule of St. Francis, 1223.
• 270.: The Testament of St. Francis, 1220.
• 271.: Innocent Iv Grants the Friars Permission to Ride On Horseback When Travelling In the Service of the King of England, 1250.
• 272.: Alexander Iv Condemns the Attacks Made On the Friars Because of Their Idleness and Begging, 1256.
• 273.: John Xxii Condemns the Theses of John of Poilly In Which He Attacked the Friars, 1320.
• IX.: The Crusades
• 274.: The Meritorious Character of Martyrdom. Origen, Exhortation to Martyrdom, 235 Ad, Chaps. 30 and 50. (greek.)
• 275.: Origen, Commentary On Numbers, Homily X, 2. ( Greek. )
• 276.: Forgiveness of Sins For Those Who Die In Battle With the Heathen. Leo Iv (847-55) to the Army of the Franks.
• 277.: Indulgence For Fighting Heathen, 878.
• 278.: Gregory Vii Calls For a Crusade, 1074.
• 279.: The Speech of Urban Ii At the Council of Clermont, 1095. Fulcher of Chartres.
• 280.: The Council of Clermont, 1095. Robert the Monk.
• 281.: The Truce of God and Indulgence For Crusaders. the Council of Clermont, 1095.
• 282.: Rabble Bands of Crusaders. Ekkehard of Aura, Hierosolimita.
• 283.: Peter the Hermit. Anonymi Gesta Francorum, 1097-99.
• 284.: Eugene Iii Announces a Crusade, December 1, 1145.
• 285.: The Third Crusade, 1189-90. From the Chronicle of Otto of St. Blasien.
• 286.: Innocent Iii Forbids the Venetians to Traffic With the Mohammedans, 1198.
• 287.: Papal Protection of Crusaders. Innocent Iii Takes the King of the Danes Under His Protection, 1210.
• 288.: Innocent Iii and the Lateran Council Announce a Crusade, 1215.
• X.: Social Classes and Cities In Germany
• 289.: Otto Iii Forbids the Unfree Classes to Attempt to Free Themselves, Ca. 1000.
• 290.: Henry I Frees a Serf, 926.
• 291.: Henry Iii Frees a Female Serf, 1050.
• 292.: The Recovery of Fugitive Serfs, 1224.
• 293.: The Rank of Children Born of Mixed Marriages Is Fixed, 1282.
• 294.: Frederick Ii Confers Nobility, About 1240.
• 295.: Charles Iv Confers Nobility On a Doctor of Both Laws, 1360.
• 296.: The Law of the Family of the Bishop of Worms, 1023.
• 297.: The Charter of the Ministerials of the Archbishop of Cologne, 1154.
• 298.: The Bishop of Hamburg Grants a Charter to Colonists, 1106.
• 299.: The Privilege of Frederick I For the Jews, 1157.
• 300.: The Bishop of Speyer Gives the Jews of His City a Charter, 1084.
• 301-325.: the Cities of Germany.
• 301.: Lothar Ii (855-69) Grants a Market to the Monastery of Prüm, 861.
• 302.: Otto I Grants a Market to an Archbishop, 965.
• 303.: Otto Iii Grants a Market to Count Bertold, 999.
• 304.: No One Shall Compel Merchants to Come to His Market, 1236.
• 305.: A Market-court Is Independent of the Local Court, 1218.
• 306.: Otto I Grants Jurisdiction Over a Town to the Abbots of New Corvey, 940.
• 307.: The Ban-mile, Or the Limits of the Bishop’s Authority, 1237.
• 308.: The Citizens of Cologne Expel Their Archbishop, 1074.
• 309.: The People of Cologne Rebel Against Their Archbishop, 1074.
• 310.: Confirmation of the Immediateness of the Citizens of Speyer, 1267.
• 311.: Summons Sent to an Imperial City to Attend a Diet, 1338.
• 312.: Municipal Freedom Is Given to the Town Called Ebenbuchholtz, 1201.
• 313.: The Extension of the Corporate Limits of the City of Brunswick, 1269.
• 314.: The Decision of a Diet About the Establishment of City Councils In Cathedral Towns, 1218.
• 315.: Frederick Ii Forbird the Municipal Freedom of the Towns and Annuls All City Charters, 1231-2.
• 316.: Breslau Adopts the Charter of Magdeburg, 1261. (german.)
• 317.: The Schoeffen of Magdeburg Give Decisions For Culm, 1338. (german.)
• 318.: The Establishment of the Rhine League, 1254.
• 319.: Peace Established By the Rhine League, 1254.
• 320.: Agreement Between Hamburg and Lübeck, Ca. 1230.
• 321.: Agreement For Mutual Protection Between Lübeck and Hamburg, 1241.
• 322.: Lübeck, Rostock, and Wismar Proscribe Pirates, 1259.
• 323.: Decrees of the Hanseatic League, 1260-64.
• 324.: Decrees of the Hanseatic League, 1265.
• 325.: Cologne Merchants Have a Gildhall In London, 1157.
• Bibliography
• 1.: Large Collections; National
• 2.: Large Collections; Ecclesiastical and Papal
• 3.: Special Topics Selected Documents, Etc.
• Glossary

231.

Sachsenspiegel.

I, 2. Every Christian man who has attained his majority is bound to attend the ecclesiastical court in the bishopric in which he lives three times a year. Three classes of people are exempt from this: The Schoeffenbar free shall attend the court of the bishop; the Pfleghaften shall attend the court of the præpositus of the cathedral, and the Landsassen shall attend the court of the archpriests.

They shall also all attend the civil courts. The Schoeffenbar free shall attend the burggrave’s court [also called the advocate’s court] every eighteen weeks. In it judgment is given under the king’s ban. If a court is called to meet after the close of the regular court, all the Pfleghaften shall attend it to try all cases involving misdeeds. This attendance is all that the judge may require from them.

The Pfleghaften shall attend the court of the Schultheiss which is held every six weeks, to try cases concerning their possessions.

The Landsassen who have no property shall attend the court of the Gograf which is held every six weeks. In the courts of the Gograf and of the burggrave the Bauermeister shall make complaint of all whose duty it is to attend the court but do not do so. And he shall ask an investigation about all cases which involve bloody wounds, abusive speech, the drawing of swords in a threatening manner, and all kinds of misdeeds, provided no suit has been entered about them.

I, 53. If anyone does not attend court when it is called, or fails to prove his case when he has brought suit, or challenges a man and is defeated, or does not come promptly to court, or disturbs the court by word or deed, or fails to pay a debt when the court has given judgment against him, he shall pay the judge his fine. In every case in which one party secures “damages” from another, the convicted party must also pay the judge his fine. And even in many cases in which no damage is involved, the judge may assess his fine. . . .

No one is fined twice for the same offence, unless he breaks the peace on a holy day. In that case he pays two fines, one to the ecclesiastical court and one to the civil court, and he pays damages besides to him whom he has injured.

I, 58. If the people choose a Gograf for a long period, the count or the margrave shall invest him with his office. . . . When the count comes into the district of the Gograf, the latter loses all his authority and cannot hold court [because his superior, whom he merely represents, is present]. In the same way when the king comes into the territory which is under the jurisdiction of the count, the count loses all his authority and cannot hold court. And this is true of all courts. In the presence of the king all other judges lose their authority and the king must try all cases. A count is the same as a judge, according to old German ideas.

II, 3. If a man is challenged to a duel who was not warned of it before he came to court, he shall have time, according to his rank, to prepare himself for it. The Schoeffenbar free shall have six weeks, other freemen and ministerials fifteen days. But for all other things that are laid to a man’s charge he shall answer at once, and either admit or deny his guilt.

II, 12. No man may render a decision in a case to which his lord, his vassal, or his friend is a party, if it involves their life or honor. Schoeffenbar free men may render decisions in all cases, but no one may render decisions in their cases unless he is of the same rank as they. . . . If a man objects to a decision after it is rendered, he may appeal to the higher judge and then to the king. In case an appeal is made, the judge shall send his messengers who understand the case to the king. The messengers shall be freemen, and the judge shall pay all their expenses while on the journey. They shall have enough bread and beer, and three dishes for dinner and a cup of wine. Their servants shall have two dishes. He shall give five sheaves for each horse every day, and shoes for their forefeet. As soon as they learn that the king is in Saxony they shall go to him and bring back his decision within six weeks.

If the man who made the appeal loses it, he shall pay the judge his fine, and all the expenses of his messengers to the king, and damages to the man against whose decision he appealed. . . .

If a judge asks a man to render a decision, and the man is in doubt and cannot make up his mind about it, he may refuse to give a decision, and the judge shall ask someone else for a decision. . . . If a man proposes a decision and someone who is present objects to it and proposes another, the judge shall accept that decision which receives a majority of the votes of those present.

II, 13. A thief shall be hung. If a theft takes place by day in a villa [village] and the object stolen is worth less than three shillings, the Bauermeister may pass judgment on the thief the same day. He may punish him in his hair and skin,1 or fine him three shillings. This is the highest sum for which the Bauermeister may try [i.e., not more than three shillings]. But he cannot try the case the next day. But in cases involving money, or movable goods, or false weights and measures, and cheating in the sale of victuals, he may assess higher fines. Murderers, and all who steal horses from the plow, or grain from the mill, or rob churches or cemeteries, and all who are guilty of treason, or arson, or who make gain out of information entrusted to them by their lord, shall be broken on the wheel.

If anyone beats, seizes, or robs another, or burns his house, or does violence to a woman, or breaks the peace, or is taken in adultery, he shall have his head cut off. Whoever conceals a thief or stolen property or aids a thief in any way, shall be punished as a thief. Heretics, witches, and poisoners shall be burnt.

If a judge refuses to punish a crime, he shall be punished as if guilty of it himself. No one is bound to attend his court or submit to his judgment if he has refused to grant him justice.

II, 27. If a man refuses to pay bridge or ferry toll, he shall be made to pay it fourfold. If he refuses to pay toll on the frontier, he shall be fined thirty shillings. This is the toll for ferries: For coming and going, four foot-passengers shall pay a penny; a man on horseback, a half-penny; a loaded wagon, four pence. The toll for bridges is half this. No toll shall be collected from anyone except at bridges and ferries. . . . An empty wagon pays half as much as a loaded one. . . . If anyone leaves the road and drives over cultivated land he shall pay a penny for each one of his wheels and make good the damage he has done. If on horseback, he shall pay half a penny besides the damage.

II, 28. If anyone cuts another’s wood, or mows his grass, or fishes in his streams, he shall pay a fine of three shillings and make good the damage besides. If he fishes in another’s fish-pond, or cuts down trees which have been planted, or fruit-trees, or if he takes the fruit from a tree, or cuts down trees which mark boundaries, or removes stones which have been set up to mark boundaries, he shall pay a fine of thirty shillings. . . . Whoever by night steals wood that has been cut, or grass that has been mown, shall be hung. If he steals them by day, he shall be punished in his “hair and skin.” A fisherman may use the bank as far as he can step from his boat.

III, 26. The king is the common judge everywhere. The Schoeffenbar free man cannot be called before a foreign court to fight a duel. But he must answer in the court in whose jurisdiction he is.

III, 33. Every man has the right to be tried before the king. And every man must respond if suit is brought against him before the king. . . .

III, 42. Do not be surprised that I have said nothing about the law of the ministerials. It is so varied that no one could ever come to the end of it. For under every bishop, abbot, and abbess, there are ministerials who have their special code of laws, and so I cannot set them all down here. . . .

III, 52. The king is elected as judge in all cases concerning property, fiefs, and life. But he cannot be everywhere, nor judge all cases, and so he gives Fahnlehen [flag-fiefs] to the princes [i.e., with jurisdiction over them], and counties to counts with the power to appoint Schultheissen, so that they can act as judges in the king’s stead.

III, 53. For every case a judge receives a fine but not damages. For no one receives damages but the man who brings the suit. And the judge cannot be both judge and a party to the suit.

III, 55. No one but the king can act as judge over the princes.

III, 60. The emperor enfeoffs all ecclesiastical princes with their fiefs using the sceptre as a symbol, and all secular princes with their Fahnlehen using a flag as a symbol. A Fahnlehen must not be vacant a year and a day. Wherever the king is, the mint and tolls of that place are surrendered to him during his stay there. And the local court is closed because he is the judge [and the local judge merely represents him]. While he is present all cases must be tried before him. The first time the king comes into the land [i.e., after his election], all prisoners must be brought before him, and he shall decide whether they shall be set free or tried. . . .

III, 63. Constantine the Great gave pope Silvester the secular fine of fifty shillings in addition to his ecclesiastical authority, in order that he might use both secular and ecclesiastical means to compel people to obey and do right. So the two courts, the ecclesiastical and the secular, should aid each other, and each should punish all who resist the other. . . .

III, 64. If the king summons the princes to render military service to the empire, or to come to a diet, and informs them of it by means of letters bearing his seal six weeks before the time set, they must obey and go to the king if he is in Germany. If they do not go, they shall pay a fine. The princes who have Fahnlehen pay 100 pounds. All others pay twelve pounds. A nobleman who does not come pays his duke ten pounds. . . . Those who are under a count or imperial advocate pay him sixty shillings, if he has the king’s ban. No one but the king can grant the king’s ban.

III, 69. In courts where the judge may inflict the king’s ban, neither the judge nor the Schoeffen shall wear caps or hats or any covering on the head, or gloves. But they may wear mantles on their shoulders. They shall not carry weapons [in court]. They shall fast until they pass judgment on every man, whether he is a German or Wend. No one except them shall pass judgment. They shall sit while passing judgment.

III, 70. In courts where the judge has no authority to inflict the king’s ban, any man may give the decision, or be a witness. . . .

[1 ] Punishment in the “hair and skin” was especially cruel. The guilty one was flogged and his hair was wound about a stick which was then turned around and around until the hair was all pulled out. For some offences the hair was closely cut instead of being pulled out, which was, of course, much more humane. Long hair was worn by freemen as a mark of their rank.