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Front Page arrow Titles (by Subject) arrow 289.: Otto III Forbids the Unfree Classes to Attempt to Free Themselves, ca. 1000. - A Source Book for Mediaeval History. Selected Documents Illustrating the History of Europe in the Middle Age

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Collection: Primary Sources
Subject Area: History

289.: Otto III Forbids the Unfree Classes to Attempt to Free Themselves, ca. 1000. - Oliver J. Thatcher, A Source Book for Mediaeval History. Selected Documents Illustrating the History of Europe in the Middle Age [1905]

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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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289.

Otto III Forbids the Unfree Classes to Attempt to Free Themselves,ca. 1000.

In the tenth century a large part of the peasant population of Germany was unfree. But from this decree of Otto III it is apparent that they were trying to escape from this condition. From various causes they had been able to avoid rendering their servile dues, and had, on that account, asserted their freedom.

While the number of unfree was great, they were not all equally unfree. The lowest grade were slaves in the real sense of the word; that is, they were chattels. But this class was not numerous and was tending to disappear. The highest grade was composed of those who were personally free, and who could amass property; but they were unfree in that they had no legal status. That is, they could not appear in court as a party to a suit, nor could they testify as witnesses. In all legal matters they had to have some one to represent them in the court. These are the two extremes, between which there were a great many unfree classes or groups, each differing from the other in the degree of personal or property rights which they possessed. An idea of some of these classes will be gained from the following documents.

There is need of careful legislation because the princes of the empire, both lay and clerical, rich and poor, the higher as well as the lower, make frequent complaints that they are not able to obtain from their unfree subjects those services to which they have a right. For some falsely declare that they are free because their lords, in many cases, cannot prove the servitude which they [their unfree subjects] are trying in a dishonest way to escape. Others are trying to rise to the honor of freedom because their lords have, for a long time, been hindered from knowing anything about their unfree subjects, and hence the latter have not been kept in their accustomed state of servitude, nor are they forced to pay a tax as a proof of their unfree state. So on this account they declare that they are free and boast that they have lived in freedom, because for a short time they have not fulfilled their servile duties. Therefore we have issued this imperial law: (1) If a serf, led by his desire for liberty, says that he is free, his lord may settle the case by a duel with him, fighting either in person or by his champion [representative], as he may wish. The lord is given this privilege because of the great difficulty there is in proving such things in the regular way. The unfree man may secure a champion for himself if, because of age or disease, he is unable to fight. (2) In order that the unfree may not hide his real condition by avoiding his duties for a time, we decree by this our edict, which, with the help of God, shall be valid forever, that hereafter each one shall show his servile condition by paying a denar of the ordinary currency every year on the first of December to his lord or to the agent whom he shall appoint for this purpose. (3) The children of the free shall begin to pay this tax as a proof of their servile condition in their twenty-fifth year and at the appointed time. And no matter how long they may avoid paying this tax, they shall not thereby become free. (4) If any unfree man belonging to the church shall disobey this edict, he shall be fined one-half of all his goods and he shall be reduced to his former unfree condition. For an unfree man of the church may never become free. We strictly forbid the unfree of the churches to be set free, and we order all those who have, by any device, been freed to be reduced to servitude again.