Front Page Titles (by Subject) 234-239.: Ordeals or Judgments of God. - A Source Book for Mediaeval History. Selected Documents Illustrating the History of Europe in the Middle Age
234-239.: Ordeals or Judgments of God. - 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.
Ordeals or Judgments of God.
The appeal to the judgment of God in legal cases was an old Germanic practice. There is evidence that the settlement of cases by lot, and by judicial combat or duel, was common in the earliest times. In the Salic and other laws there are references to the ordeal by hot water, etc. After the introduction of Christianity and the growth of the influence of the priest, the various ordeals were conducted by the church. The casting of lots and the judicial combat were opposed by the church, the one because it was inseparably connected with heathen rites, and the other because of its violence. Accordingly the church introduced other forms, some of which are illustrated here. The ordeal was ordinarily resorted to when the regular rules of evidence were not satisfied, as when one party could not furnish the required number of compurgators, or was accused of perjury, etc. The ordeal might be used either to determine which of two persons was in the wrong, or to test the guilt or innocence of a single accused person. The commonest forms were: (1) The ordeal of the sacrament, in which the accused took the sacrament, the expectation being that if he were guilty the consequences would be fatal; (2) the ordeal of the cross, in which the two persons stood with arms outstretched in the form of a cross, and the one whose arms fell first was regarded as guilty; (3) the ordeal by hot water; (4) the ordeal by hot iron, in which the accused either carried a piece of hot iron in his hand a certain distance or walked barefoot over pieces of hot iron; (5) the ordeal by cold water; (6) the ordeal by the bread and cheese; (7) the ordeal by the suspended bread, or psalter, in which the object suspended was expected to turn around if the accused person was guilty; (8) the judicial combat, which was not favored by the church, but which was very commonly used among the noble class.
Ordeal by Hot Water.
(1) When men are to be tried by the ordeal of hot water, they shall first be made to come to church in all humility, and prostrate themselves, while the priest says these prayers:
First prayer. Aid, O God, those who seek thy mercy, and pardon those who confess their sins. . . .
(2) After these prayers, the priest shall rise and say the mass before all the men who are to be tried, and they shall take part in the mass. But before they take the communion, the priest shall adjure them in these words: I adjure you, by the Father, Son, and Holy Spirit, by your Christianity, by the only begotten Son of God, whom you believe to be the Redeemer of the world, by the holy Trinity, by the holy gospel, and by the relics of the saints which are kept in this church, that you do not come to the holy communion and take of it, if you have done this offence, or consented to it, or if you know who committed it, or anything else about it.
(3) If they all keep silence and no one makes any confession, the priest shall go to the altar and take communion, and then give it to the men; but before they take it he shall say: Let this body and blood of our Lord Jesus Christ be today a trial of your guilt or innocence.
(4) After the mass the priest shall go to the place where the ordeal is to be held, bearing with him the book of the gospels and a cross, and he shall say a short litany. After the litany he shall exorcise the water before it becomes hot, as follows:
(5) I exorcise thee, water, in the name of omnipotent God, and in the name of Jesus Christ, his Son, our Lord, that you may become exorcised and freed from the power of the enemy and the wiles of the devil; so that, if this man who is about to put his hand in you is innocent of the crime of which he is accused, he may escape all injury through the grace of omnipotent God. If he is guilty either in deed or knowledge of the offence of which he is accused, may the power of omnipotent God prove this upon him, so that all men may fear and tremble at the name of our Lord Jesus Christ, who lives and reigns with God.
(6) Prayer. Lord Jesus Christ, who art a just judge, strong and patient, plenteous in mercy, by whom all things are made, God of gods, Lord of lords, who didst come down from the bosom of the Father for us and our salvation, and wast born of the Virgin Mary; who by thy passion on the cross didst redeem the world; who didst descend into hell and there didst bind the devil in the outer darkness, and free by thy great power the souls of all the just who suffered there for the original sin; we beseech thee, O Lord, to send down from heaven thy Holy Spirit upon this water, which is now hot and steaming from the fire, that through it we may have a just judgment upon this man. O Lord, who didst turn the water into wine in Cana of Galilee as a sign of thy power, who didst lead the three children Meshach, Shadrach, and Abednego, through the fiery furnace without harm, who didst free Susanna from the false accusation, who didst open the eyes of the man born blind, who didst raise Lazarus after four days from the tomb, who didst reach out thy hand to Peter as he was sinking in the sea, we, thy suppliants, beseech thee not to have regard for the errors in our prayer, but to make known to us before all men thy true and righteous judgment; so that if this man who is accused of fornication, or theft, or homicide, or adultery, or any other crime, and who is about to put his hand into the hot water, is not guilty of that crime, thou wilt so guard him that no harm or injury shall happen to that hand.
(7) Omnipotent God, we, thy unworthy and sinful servants, again beseech thee to make manifest to us thy true and righteous judgment, so that this man, who is accused and is about to undergo the ordeal, is guilty of that crime, by act or consent, because of the instigation of the devil or through his own cupidity or pride, and expects to escape or to circumvent the ordeal by some trick, his guilt may be made known upon him by thy power, and may be shown upon his hand, in order that he himself may be brought to confession and repentance, and that thy holy and righteous judgment may be made manifest to all people.
(8) [Another exorcism of the water.]
(9) Then the priest takes off the garments of each of the men and clothes them in the clean robes of an exorcist or deacon, makes them each kiss the gospel and cross of Christ, and sprinkles them with holy water. Then he makes them each take a drink of the holy water, saying to each one: I give you this water as a trial of your guilt or innocence. Then the wood is placed under the caldron and lighted, and when the water begins to get hot the priest says these prayers:
(10) In the name of the holy Trinity. God the just Judge, etc. [Similar to § 6 above.]
(11) Let us pray. God, who didst free St. Susanna from the false accusation; God, who didst rescue St. Thecla from the arena; God, who didst free St. Daniel from the lions’ den, and the three children from the fiery furnace: free now the innocent, and make known the guilty.
(12) The man who is to undergo the ordeal shall say the Lord’s prayer and make the sign of the cross; then the caldron shall be taken from the fire, and the judge shall suspend a stone in the water at the prescribed depth in the regular manner, and the man shall take the stone out of the water in the name of the Lord. Then his hand shall be immediately bound up and sealed with the seal of the judge, and shall remain wrapped up for three days, when it shall be unbound and examined by suitable persons.
Ordeal by Hot Iron.
(1) First the priest says the prescribed mass; then he has the fire lighted, and blesses the water and sprinkles it over the fire, over the spectators, and over the place where the ordeal is to be held; then he says this prayer:
(2) O Lord, our God, the omnipotent Father, the unfailing Light, hear us, for thou art the maker of all lights. Bless, O God, the fire which we have sanctified and blessed in thy name, thou who hast illumined the whole world, that we may receive from it the light of thy glory. As thou didst illumine Moses with the fire, so illumine our hearts and minds that we may win eternal life.
(3) Then he shall say the litany. . . .
(4) The prayers. . . .
(5) Then the priest approaches the fire and blesses the pieces of iron, saying: O God, the just judge, who art the author of peace and judgest with equity, we humbly beseech thee so to bless this iron, which is to be used for the trial of this case, that if this man is innocent of the charge he may take the iron in his hand, or walk upon it, without receiving harm or injury; and if he is guilty this may be made manifest upon him by thy righteous power; that iniquity may not prevail over justice, nor falsehood over truth.
(6) O Lord, the holy Father, we beseech thee by the invocation of thy most holy name, by the advent of thy Son, our Lord Jesus Christ, and by the gift of the Holy Spirit, the Comforter, to bless these pieces of iron to the manifestation of thy righteous judgment, that they may be so sanctified and dedicated that thy truth may be made known to thy faithful subjects in this trial. In the name of our Lord Jesus Christ, etc.
(7) Omnipotent God, we humbly beseech thee that in the trial which we are about to make, iniquity may not prevail over justice, nor falsehood over truth. And if anyone shall attempt to circumvent this trial by witchcraft or dealing with herbs, may it be prevented by thy power.
(8) May the blessing of God the Father, Son, and Holy Spirit descend upon these pieces of iron, that the judgment of God may be manifest in them.
(9) Then this psalm shall be said on behalf of the accused: Hear my prayer, O Lord, and give ear unto my cry. . . .
(10) Prayer: Hear, we beseech thee, O Lord, the prayer of thy suppliants, and pardon those that confess their sins, and give us pardon and peace.
(11) Then those who are to be tried shall be adjured as follows: I adjure you (name), by omnipotent God who made heaven and earth, the sea, and all that in them is, by Jesus Christ his Son, who was born and suffered for us, by the Holy Spirit, by the holy Mary, the Mother of God, and by all the holy angels, apostles, martyrs, confessors, and virgins, that you do not yield to the persuasions of the devil and presume to take the iron in your hand, if you are guilty of the crime of which you are accused, or if you know the guilty person. If you are guilty and are rash enough to take the test, may you be put to confusion and condemned, by the virtue of our Lord Jesus Christ, and by the sign of his holy cross. But if you are innocent of the crime, in the name of our Lord Jesus Christ and by the sign of his holy cross, may you have faith to take this iron in your hand; and may God, the just Judge, keep you from harm, even as he saved the three children from the fiery furnace and freed Susanna from the false accusation; may you go through the ordeal safe and secure, and may the power of our Lord be made manifest in you this day.
(12) Then he who is about to be tried shall say: In this ordeal which I am about to undergo, I put my trust rather in the power of God the omnipotent Father to show his justice and truth in this trial, than in the power of the devil or of witchcraft to circumvent the justice and the truth of God.
(13) Then the man who is accused takes the sacrament and carries the iron to the designated place. After that the deacon shall bind up his hand and place the seal upon it. And until the hand is unwrapped [i.e., at the end of three days] the man should put salt and holy water in all his food and drink.
Ordeal by Cold Water.
(1) When men are to be put to the ordeal [of cold water], the process should be as follows: They shall be brought to the church, and the priest shall say the mass and the men shall take part in it. Before they take the communion, the priest shall adjure them thus:
(2) I adjure you, men, by the Father, Son, and Holy Spirit, by your Christianity, by the only begotten Son of God, by the holy Trinity, by the holy gospel, and by the relies that are kept in this church, that you do not presume to take communion, or to come to the altar if you have committed this crime, or have consented to it, or if you know the guilty person.
(3) If they all keep silence and no one confesses, the priest shall go to the altar and give them the communion. Then he shall say to them: May this body and blood of our Lord Jesus Christ be today a trial of your guilt or innocence.
(4) After the mass, the priest shall take water that has been blessed and shall go to the place of the ordeal. When they come there the priest shall give the men this water to drink, and shall say: May this water be a trial of your guilt or innocence. Then he shall adjure the water in which they are to be cast, and then shall take off the clothes of the men and make each one of them kiss the holy gospel and the cross of Christ. Then he shall sprinkle each of them with holy water and shall cast them one by one into the water. The priest and those who are to be tried should have fasted before the trial.
(5) Adjuration of the man who is to undergo the ordeal: I adjure you (name), by the invocation of our Lord Jesus Christ, and by the ordeal of cold water. I adjure you by the Father, Son, and Holy Spirit, by the inseparable Trinity, by our Lord Jesus Christ, by all the angels and archangels, by the dreadful day of judgment, by the four evangelists, Matthew, Mark, Luke, and John, by the twelve apostles, by the twelve prophets, by all the saints of God, by the principalities and powers, by the dominions and virtues, by the thrones of the cherubim and seraphim, by the three children, Meshach, Shadrach, and Abednego, by the 144,000 who suffered for the name of Christ, by the baptism in which the priest gave you the new birth, that if you have seen or known anything about this theft, if you have had anything to do with it, if you have received it in your house, or consented to it, or if your heart is hardened, your heart may be melted, and the water may not receive you; may witchcraft not prevail, but may the truth be made manifest. We beseech thee, our Lord Jesus Christ, give us a sign, so that if this man is guilty, the water may not receive him; do this to thine honor and glory, by the invocation of thy name, that all may know that thou art our Lord, who livest and reignest with the Father and the Holy Spirit, forever and ever. Amen.
(6) Prayer over the water. We humbly beseech thee, O Lord Jesus Christ, to give us a sign, that if this man is guilty in any way of the crime of which he is accused the water may not receive him, but he may float, and not sink in the water. Do this, O Lord Jesus Christ, to thine honor and glory by the invocation of thy holy name, that all may know that thou art the true God, and that there is no other God beside thee, who livest and reignest with God the Father in unity with the Holy Spirit forever and ever. Amen.
(7) Omnipotent God has established this ordeal, and it is righteous. Pope Eugene has ordained that it should be used throughout the whole world by all bishops, abbots, counts, and all Christians, for it is proved by many to be just and righteous. Therefore it has been decreed by them that no one may clear himself by placing his hand on the altar or on the relics, or by swearing on the bodies of the saints.
Ordeal by Cold Water.
The following paragraph is taken from another ordeal by cold water which is otherwise similar to the one just given; it illustrates more minutely the way in which the accused was immersed.
(6) On the staff which is placed between the arms of the man shall be written: Behold the cross of God, let his adversaries flee. The lion of the tribe of Judah, the root of David, hath prevailed to make a righteous judgment + [sign of the cross]. May St. John the Baptist bless this water. On it shall also be written the gospel: In the beginning; and the benediction: Lord God.
Ordeal by the Barley Bread.
(1) First the priest prepares himself with the deacon, and then blesses the water; and the deacon prepares the barley flour which he mixes with the holy water and bakes, both of them saying during the process the seven penitential psalms, the litany, and the following prayers [certain prayers follow].
(2) Prayer over the bread. O God, who didst reveal the wood of the true cross on Mount Calvary, where Christ was betrayed by Judas (for God gave over his Son to be betrayed by Judas), reveal to us by the judgment of the barley bread whatever we ask in thy name.
(3) After the bread is baked the priest shall take it and place it behind the altar and shall say the mass for that day. After the mass he shall mark the bread with the sign of the cross, and shall place an iron rod in the centre of the cross, with a hook at the top to suspend it by. The priest shall keep this bread by him and use it until it spoils. When anyone is accused of theft, or fornication, or homicide, and is brought before the priest, the priest shall take the bread and give it to two Christian men, and they shall hang it by the hook between them, and the priest shall say the following adjuration. And if the man is guilty, the bread will revolve around; if he is not guilty, the bread will not move at all.
(4) Adjuration over the barley bread. I adjure thee, barley bread, by God the omnipotent Father, etc., that if this man or woman has committed, consented to, or had any part in this crime, thou shalt turn around in a circle; if he is not guilty, thou shalt not move at all. I adjure thee, barley bread, by the Mother of God, by the prophet Hosea, and the prophet Jonah, who prophesied unto Nineveh, by Lazarus, whom God raised from the dead, by the blind man, to whom the Lord restored his sight, by all the monks and canons and all laymen, by all women, and by all the inhabitants of heaven and earth, forever and ever, amen.
Ordeal by Bread and Cheese.
(1) Lord God omnipotent, holy, holy, holy. Holy Father, the invisible and eternal God, maker of all things; holy God, ruler of mortals and immortals, who dost see and know all things, who triest the hearts and the reins; O God, I beseech thee, hear the words of my prayer, that this bread and cheese may not pass the jaws and the throat of him who has committed the theft.
(2) Before the mass is begun and before the cheese is cut with the knife, while it is still whole, these words should be written round about it: “His mischief shall return upon his own head, and his violent dealing shall come down upon his own pate” [Ps. 7:16].
(3) Then bread and cheese to the weight of nine denarii shall be given to each man. The bread shall be of barley and unleavened; the cheese shall be cheese made in the month of May of the milk of ewes. While the mass is being said, those who are accused of the theft shall be in front of the altar, and one or more persons shall be appointed to watch them that they do not contrive any trick. When the communion is reached the priest shall first take the communion of the body of Christ, and then shall bless the bread and cheese, which has been carefully weighed out as above, and shall immediately give it to the men. The priest and the inspectors shall watch them carefully and see that they all swallow it. After they have swallowed it, the corners of the mouth of each shall be pressed to see that none of the bread and cheese has been kept in the mouth. Then the rest of the mass shall be said.
An illustration, from an old manuscript of one of the collections of forms for ordeal, shows how the person was bound in this case. The illustration represents the ordeal as taking place from a boat. The man’s knees are shown drawn up to his chin; a staff is under the bend of the knees and his arms are passed under the staff. His hands are bound at the wrist with a rope which is held by other persons in the boat. He was probably drawn out by the rope if he sank in the water.