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A Source Book For Mediæval History

Edgar Holmes McNeal

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A SOURCE BOOK FOR MEDIÆVAL HISTORY

A SOURCE BOOK FOR MEDIÆVAL HISTORY

SELECTED DOCUMENTS ILLUSTRATING THE HISTORY OF EUROPE IN THE MIDDLE AGE BY OLIVER J. THATCHER, Ph.D. AND EDGAR HOLMES McNEAL, Ph.D. PROFESSOR OF EUROPEAN HISTORY IN THE OHIO STATE UNIVERSITY CHARLES SCRIBNER’S SONS NEW YORK CHICAGO BOSTON Copyright, 1905, by CHARLES SCRIBNER’S SONS Printed In the United States of America...

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PREFACE

PREFACE

The use of original sources in the teaching of mediæval history is still hampered by the scarcity of material adapted to the needs of the student. This situation is sufficient excuse for the publication of a new book of translations of important mediæval documents, if such a book does more than reedit old material—if it presents, along with the usual and familiar sources, documents not elsewhere translated or brings together documents not otherwise easily accessible. We believe the present work

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1. Selections from the Germania of Tacitus, ca. 100 A.D.

1. Selections from the Germania of Tacitus, ca. 100 A.D.

The Germania of the Roman historian Tacitus (54–119 A.D. ) is a treatise on the manners, customs, and institutions of the Germans of his time. It is one of the most valuable sources of knowledge of the condition of the Germans before the migrations. These sources are mainly of two kinds: the accounts of contemporary writers, chiefly Roman authors; and the documentary sources of the period of the tribal kingdoms, particularly the tribal laws, such as the laws of the Salic Franks ( see no. 4 ), Bu

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2. Procopius, Vandal War. (Greek.)

2. Procopius, Vandal War. (Greek.)

Procopius, in Corpus Scriptorum Historiæ Byzantinæ. This and the following number are taken from the writings of Procopius, a Roman official and historian who lived about 500 to 560 A.D. , and had a personal share in the wars of Justinian against the East Goths and Vandals. The earlier parts of his histories are drawn largely from tradition. I, 2. During the reign of Honorius [395–423] in the west the barbarians began to overrun the empire.... The invaders were mainly of the Gothic race, the gre

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3. Procopius, Gothic War. (Greek.)

3. Procopius, Gothic War. (Greek.)

Procopius, in Corpus Script. Hist. Byz.; Muratori, Scriptores, I, i, 247 f. I, 1. While Zeno [474–491] was emperor in Byzantium, the west was ruled by Augustus, whom the Romans called Augustulus, because of his youth. The actual government was in the hands of his father Orestes, a most able man. Some time before this, as a result of the reverses which they had suffered at the hands of Attila and Alaric, the Romans had taken the Sciri, Alani, and other German tribes into the empire as allies. The

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4. The Salic Law.

4. The Salic Law.

In the period before the migrations, each of the German tribes had its primitive code of laws. This law was not put in writing, but was held in memory; it was not based on abstract reasons of right and justice, but grew up out of practice and custom. The migrations and the development of tribal kingdoms on Roman soil brought about important changes in the public and private life of the Germans, partly the result of changed conditions, partly the direct influence of Roman manners and institutions

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5. Selections from the History of the Franks, by Gregory of Tours.

5. Selections from the History of the Franks, by Gregory of Tours.

M. G. S. S. 4to, rerum mer., I. By the end of the fifth century, the Roman government in the west had practically come to an end and most of the territory was occupied by German tribes. The confederated tribes living along the middle and lower Rhine began to be called Franks about 200 A.D. For the next two centuries, the Roman garrisons had great difficulty in keeping them out of northern Gaul. With the weakening and final withdrawal of these garrisons in the beginning of the fifth century, the

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6. The Coronation of Pippin, 751.

6. The Coronation of Pippin, 751.

Einhard’s Annals, M. G. SS. folio, I, pp. 137 f. One of the most important results of the civil wars and weakening of the monarchy in the later Merovingian period was the rise to power of the mayor of the palace. The mayor of the palace was originally the chief servant of the king’s household. As the king used his private servants in the administration of public affairs the chief servant became eventually the chief public official. In the eastern Frankish kingdom (Austrasia) this office, like ma

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7. Einhard’s Life of Karl the Great.

7. Einhard’s Life of Karl the Great.

Einhard, Vita Karoli Magni; M. G. SS. folio, II, pp. 443 ff. Einhard, who lived about 770 to 840, was a scholar, and a member of the court and the circle of Karl the Great. His biography of Karl is the most reliable and intimate account of the life and the character of the emperor that we possess. 3. After ruling as king of the Franks for fifteen years, Pippin died at Paris, leaving two sons to succeed him, Karl and Karlmann.... Karlmann, however, died after two years of joint rule, and Karl bec

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8. The Imperial Coronation of Karl the Great, 800.

8. The Imperial Coronation of Karl the Great, 800.

Duchesne, Liber Pontificalis, II, 7. Since 476 there had been no emperor in the west, and the emperor at Constantinople had lost control of that part of the Roman empire. The west, however, still regarded itself as a part of the one great empire. The coronation of Karl the Great in 800 is the famous translatio imperii , the transfer of the empire, by which according to the papal theory the crown of the Roman empire was taken by the pope from the emperors at Constantinople, and conferred upon the

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9. General Capitulary about the Missi, 802.

9. General Capitulary about the Missi, 802.

M. G. LL. 4to, II, 1, no. 33; Altmann und Bernheim, no. 2. The attempts of Karl to create a permanent central government are reflected in the great amount of legislation which has come down to us from his reign. This legislation is mainly in the form of capitularies, i.e. , edicts or instructions, covering a wide range of subjects and interests. The general capitulary of the year 802, a portion of which is translated here, was issued by Karl after his imperial coronation and his return from Ital

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10. Selections from the Monk of St. Gall.

10. Selections from the Monk of St. Gall.

Monachus Sangallensis, M. G. SS. folio, II, pp. 731 ff. The following documents, nos. 10–12, are intended to illustrate the interest and activity of Karl in the revival of learning in his realm. See also no. 7, Einhard’s Life of Karl, ch. 25 . The disappearance of classical culture in the west through the disorders incident upon the decline of the Roman empire, the migrations, and the civil wars of the Merovingian period, was shown not only in the general ignorance among the common people, but a

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11. Letter of Karl the Great to Baugulf, Abbot of Fulda, 787.

11. Letter of Karl the Great to Baugulf, Abbot of Fulda, 787.

Jaffé, IV, pp. 343 ff. Karl, by the grace of God king of the Franks and the Lombards and patricius of the Romans, sends loving greeting in the name of omnipotent God to abbot Baugulf, and to the household of monks committed to his charge. Know that we, with the advice of our faithful subjects, have regarded it as important that in the bishoprics and monasteries of our realm those who show themselves apt in learning should devote themselves to study, in addition to their regular duties as monks.

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12. Letter of Karl the Great in Regard to the two Books of Sermons Prepared by Paul the Deacon, ca. 790.

12. Letter of Karl the Great in Regard to the two Books of Sermons Prepared by Paul the Deacon, ca. 790.

Jaffé, IV, pp. 372 f. Karl, by the aid of God king of the Franks and Lombards and patricius of the Romans, to the clergy of his realm.... Now since we are very desirous that the condition of our churches should constantly improve, we are endeavoring by diligent study to restore the knowledge of letters which has been almost lost through the negligence of our ancestors, and by our example we are encouraging those who are able to do so to engage in the study of the liberal arts. In this undertakin

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13. Recognition of Karl by the Emperors at Constantinople, 812.

13. Recognition of Karl by the Emperors at Constantinople, 812.

Annales Laurissenses et Einhardi, M. G. SS. folio, I, p. 199. The following passages throw light upon the statement of Einhard ( no. 7, ch. 28 ) in regard to the relation of Karl with the eastern emperors after his imperial coronation. We know from other sources that Karl wished to acquire the title of emperor and that he had already entered into negotiations with the empress Irene looking to a peaceful acquisition of it, before the pope gave him the crown. He was apparently not satisfied with h

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14. Letter of Karl to Emperor Michael I, 813.

14. Letter of Karl to Emperor Michael I, 813.

Jaffé, IV, pp. 415 f. In the name of the Father, Son, and Holy Spirit. Karl, by the grace of God emperor and Augustus, king of the Franks and the Lombards, to his dear and honorable brother, Michael, glorious emperor and Augustus, eternal greeting in our Lord Jesus Christ. We bless and praise our Lord Jesus Christ with all our heart and strength for the ineffable gift of his kindness, with which he has enriched us. For he has deigned in our day to establish that peace between the east and the we

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15. Letter to Ludwig the Pious Concerning the Appearance of a Comet, 837.

15. Letter to Ludwig the Pious Concerning the Appearance of a Comet, 837.

Jaffé, IV, pp. 459 f. The dissolution of the empire of Karl the Great began in the reign of his son and successor, Ludwig, with the disintegration of the public service and the attacks of Northmen and Slavs on the frontier. The invasions of the Northmen are mentioned by Einhard as occurring in the last days of Karl ( no. 7, chapter 14 ). In the reigns of Ludwig and his successors the invaders continually ravaged the shores of Gaul and northern Germany and added materially to the distress of the

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16. The Strassburg Oaths, 842.

16. The Strassburg Oaths, 842.

Nithard, III, 5; M. G. SS. folio, II. pp. 665 ff. The occasion of these oaths was the alliance between the two brothers, Ludwig the German and Charles the Bald, against their brother Lothar. Lothar had been defeated at the battle of Fontenay, 841, by his brothers, who then made this league. The oaths are given in this form by Nithard, the historian of the later Carolingians, who was the son of Angilbert and Bertha, the daughter of Karl the Great. The lingua romana and the lingua teudisca are the

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17. Annales Bertiniani.

17. Annales Bertiniani.

M. G. SS. folio, I, p. 440. The treaty of Verdun is the division of the empire among the three sons of Ludwig the Pious, Lothar, Ludwig the German, and Charles the Bald. It recognized the failure of the attempt of Karl to weld western Europe and the German tribes into one state and marks the beginning of the states of Germany and France. The student should follow on a map the line described in the treaty. The long narrow strip which composed the northern portion of the kingdom of Lothar had no e

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18. Regino.

18. Regino.

M. G. SS. folio, I, p. 568. Anno 842 (843). The three brothers divided the kingdom of the Franks among themselves; to Charles fell the western portion from the British ocean to the Meuse; to Ludwig, the eastern portion, that is, Germany as far west as the Rhine, including certain cities and their counties east of the Rhine to furnish him with wine; to Lothar, who, as the oldest, bore the title of emperor, the part in between, which still bears the name of Lotharingia, and all of Provence and the

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19. The Treaty of Meersen, 870.

19. The Treaty of Meersen, 870.

M. G. LL. folio, I, p. 516; Altmann und Bernheim, no. 4. The northern portion of the kingdom of Lothar was divided on his death (855) between two of his sons, Lothar and Charles, the other, Louis, taking Italy. Charles died in 863 and Lothar in 869; thereupon their uncles, Charles the Bald and Ludwig the German, divided that territory between them by the treaty of Meersen, the preliminaries of which are given here. See a map for the line of the division. In the year of the incarnation of our Lor

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20. Invasions of Northmen at the End of the Ninth Century.

20. Invasions of Northmen at the End of the Ninth Century.

Annals of Fulda, M. G. SS. folio, I, pp. 398 ff. See introductory note to no. 15 for the nature of these invasions. The chronicle accounts in this and the next document illustrate very well the necessity which lay upon the local officials of defending the country against invaders. The particular feature of the events narrated here is the participation of the ecclesiastical lords, archbishops and bishops, in these warlike enterprises. This was due to the fact that the ecclesiastical lords were gr

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21. Invasion of the Hungarians, ca. 950.

21. Invasion of the Hungarians, ca. 950.

Thietmar of Merseburg, II, 27; M. G. SS. folio, III, pp. 752 f. Michael, bishop of Regensburg, after governing his diocese well for some years, gathered his troops and joined the other Bavarian nobles in resisting an invasion of the Hungarians. In the battle which followed, our troops were defeated. One of the bishop’s ears was cut off, and after receiving many other wounds he was left for dead on the field. One of his personal enemies had fallen at his side, and, by feigning death when the Hung

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22. Dissolution of the Empire.

22. Dissolution of the Empire.

Regino, M. G. SS. folio, I, pp. 590 ff. The empire divided in 843 was for a brief period reunited under Karl the Fat from 884–887. But the failure of Karl either to enforce his authority in the empire or to protect its boundaries led to his deposition and to the definite division of the empire into small kingdoms under local rulers. Arnulf, an illegitimate son of Karlmann, the brother of Karl the Fat, became king of Germany; in France, as early as 879, Provence or lower Burgundy had elected a lo

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23. The Coronation of Arnulf, 896.

23. The Coronation of Arnulf, 896.

Regino, M. G. SS. folio, I, p. 607. Arnulf regarded himself as the successor to Karl the Great and attempted to exercise some real authority over the whole empire. This appears in his relations to Odo of France, to the kings of the Burgundies, and to the claimants in Italy. The expedition which he undertook to Italy in order to end the disorders there resulted in his receiving the imperial crown. Anno 896. A second time Arnulf went down into Italy and came to Rome, and with the consent of the po

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24. Saxony.

24. Saxony.

Widukind, History of the Saxons, I, c. 16; M. G. SS. folio. III, p. 425. In the beginning of the tenth century we find Germany divided into five great duchies, Lotharingia, Franconia, Saxony, Bavaria, and Suabia. The boundaries of the last four corresponded pretty closely to the boundaries of old German tribes: Franks, Saxons, Bavarians, and Alamanni. The attempt of Karl to weld the various German tribes into one state was successful during his reign, but that period was too brief to extinguish

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25. Suabia.

25. Suabia.

Annales Alamannici, M. G. SS. folio, I, pp. 55 f. Anno 911. Burchart, count and prince of the Alamanni, was unjustly slain by the judgment of Anselm, and his sons Burchart and Udalrich were driven out and his possessions and fiefs divided among his enemies.... Anno 913. In this year Conrad the king attacked the king of Lotharingia. A conflict arose between Conrad and Erchanger [a count palatine in Suabia]. The Hungarians break into Alamannia; on their return Arnulf [duke of Bavaria] and Erchange

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26. Henry I and the Saxon Cities, 919–36.

26. Henry I and the Saxon Cities, 919–36.

Widukind, I, 35; M. G. SS. folio, III, p.432. Henry, duke of Saxony, king of the Germans, 919–936, was the first king of the Saxon house. He was also the first king of the Germans to accept the feudal state and to attempt to build up a government on that basis. He did not revive the imperial claims on Italy, but devoted himself to strengthening his own authority in Saxony, to defending the frontiers of the kingdom, and to creating a German state. This selection is from the history of the Saxons

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27. The Election of Otto I, 936.

27. The Election of Otto I, 936.

Widukind, II, 1, 2; M. G. SS. folio, III, pp. 437 ff. This passage is also taken from Widukind. It shows the ceremony of election and coronation in the tenth century. Note the steps in the process: (1) designation by his father, at which time the son was probably accepted by an assembly of the nobles; (2) election by the general assembly after the death of the father; the general assembly at this period probably consisted only of nobles and high ecclesiastics; (3) elevation to the throne by the

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28. Otto I and the Hungarians.

28. Otto I and the Hungarians.

Widukind, III, chs. 44 ff; M. G. SS. folio, III, pp. 457 f. The Hungarians appear on the borders of the empire about the end of the ninth century. From that time they are a continual source of trouble to the kings of Germany. Arnulf had made an alliance with them against the Slavs; the reigns of Ludwig the Child and Conrad I had suffered from their attacks, and Henry I had succeeded in forcing them to make a truce. Otto then defeated them in the battle of the Lechfeld (955), which is narrated he

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29. The Imperial Coronation of Otto I, 962.

29. The Imperial Coronation of Otto I, 962.

Continuation of Regino; M. G. SS. folio, I, p. 625. The coronation of Otto is regarded as the restoration of the Holy Roman Empire. From the time of the coronation of Arnulf (896) (see no. 23 ) to Otto’s first expedition, 951, the German kings had been too much occupied at home to interfere in Italy. During these years Italy had been the scene of a long struggle for the crown, in which the papacy had taken part as a secular power. The result was feudal anarchy in Italy and the degradation of the

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30. Thietmar of Merseburg.

30. Thietmar of Merseburg.

M. G. SS. folio, III, p. 863. The kingdom of Burgundy or Arles was formed by the union of the two small kingdoms of Provence and Upper Burgundy, the beginning of which is told in Regino (see no. 22 ). The result of the acquisition of Burgundy was not to increase the territory of Germany, but to add another kingdom to the empire, which now included Germany, Italy, and Burgundy. VIII, 5. Now I shall break off the relation of these negotiations in order to tell of the good fortune which lately befe

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31. Wipo, Life of Conrad II.

31. Wipo, Life of Conrad II.

M. G. SS. folio, XI, pp. 263 ff. 8. Rudolf, king of Burgundy, in his old age ruled his realm in a careless fashion and thereby aroused great dissatisfaction among his nobles. So he invited his sister’s son, the emperor Henry II, to come to him, and he designated him as his successor and caused all the nobles of his realm to swear fealty to him.... Now after the death of Henry [1024], king Rudolf wished to withdraw his promise, but Conrad [II], desiring to increase rather than to diminish the emp

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32. Henry III and the Eastern Frontier, 1040 to 1043.

32. Henry III and the Eastern Frontier, 1040 to 1043.

Lambert of Hersfeld, Annals, M. G. SS. folio, V, pp. 152 f. The expansion of Germany to the east was slow and unstable. Poles, Bohemians, and Hungarians refused to remain tributary, but took every opportunity to rebel against the Germans. We give a few passages from Lambert’s Annals to show that Henry III was aware of the policy bequeathed him by his predecessors, although he was not very successful in his efforts to carry it into effect. Anno 1040. King Henry [III] led an army into Bohemia, but

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33. Legislation Concerning the Election of Bishops, Fourth to the Ninth Century.

33. Legislation Concerning the Election of Bishops, Fourth to the Ninth Century.

(From the Council of Laodicæa, fourth century.) C. vii. Every election of a bishop, priest, or deacon, which is made by the nobility [that is, emperor, or others in authority], is void, according to the rule which says: "If a bishop makes use of the secular powers to obtain a diocese, he shall be deposed and those who supported him shall be cast out of the church." (From the third canon of the second council at Nicæa, 787, quoting the 30th canon of the Apostolic Constitutions; Mansi, XVI, 748.)

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34. The Pope must be Chosen from the Cardinal Clergy of Rome, 769.

34. The Pope must be Chosen from the Cardinal Clergy of Rome, 769.

Enactment of a Latin council held by Stephen III, 769, Cor. Jur. Can., Dist. LXXIX. (See also Mansi, XII, 719.) C. iii. It is necessary that our mistress the holy Roman Catholic church be governed properly, and in accordance with the precedents established by St. Peter and his successors, and that the pope be chosen from the cardinal priests or cardinal deacons. C. iv. No one, whether layman or clergyman, shall presume to be made pope unless he has risen through the regular grades {57} at least

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35. The Petrine Theory as Stated by Leo I, 440–61.

35. The Petrine Theory as Stated by Leo I, 440–61.

Migne, 64. Leo I (440–61) made frequent use of the Petrine theory. In brief this theory is that to Peter as the prince of the apostles was committed the supreme power over the church. To him the keys were intrusted in a special manner. In this consisted his primacy, his superiority over the other apostles. This primacy or first rank he communicated to his successors, the bishops of Rome, who, by virtue of being his successors, held the same primacy over the church and over all other bishops as P

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36. The Emperor Gives the Pope Authority in certain Secular Matters.

36. The Emperor Gives the Pope Authority in certain Secular Matters.

The Pragmatic Sanction of Justinian, 554; M. G. LL. folio, V, p. 175. One of the chief effects of the invasions of the barbarians was an increased lawlessness and disorder throughout the territory in which they settled. The administration of justice was seriously disturbed by their presence in the country, and the machinery of government was, to a certain extent, destroyed by them. Under these circumstances the clergy, by virtue of their office and character, were looked on as representatives of

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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.

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.

Liber Diurnus, no. 58, Rozière’s edition, pp. 103 ff; Von Sickel’s edition. pp. 47 ff. For a long time the emperor at Constantinople had exercised the right of confirming the election of the bishop of Rome. No one could be ordained and consecrated pope until his election had been confirmed by the emperor. The Liber Diurnus is a collection of letters or formulas which were used by the papal secretaries as models in drawing up the pope’s letters. This particular collection was in use at the papal

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38. A Letter from the Church at Rome to the Exarch at Ravenna, Asking him to Confirm the Election of their Bishop, ca. 600.

38. A Letter from the Church at Rome to the Exarch at Ravenna, Asking him to Confirm the Election of their Bishop, ca. 600.

Liber Diurnus, no. 60, Rozière’s edition, pp. 110 ff; Von Sickel, pp. 50 ff. As is clear from the preceding number, the confirmation of the election of the bishop of Rome was in the hands of the emperor. His residence was at Constantinople, but he was, of course, not always to be found there. Because of his distance from Rome it might take several months to secure his confirmation. Such delays interfered with the administration of the office and were very burdensome to the Romans because the pop

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39. Gregory I Sends Missionaries to the English, 596.

39. Gregory I Sends Missionaries to the English, 596.

Bede’s Ecclesiastical History of the English, Bk. I, chs. 23 and 25. The pope secured recognition of his supremacy largely because much of the west was Christianized through his efforts. The mission established by Augustine in England was one of the most important missionary undertakings of the pope because it succeeded in making England Roman Catholic. And not only that, but after the conversion of England, Englishmen were largely instrumental in Christianizing many parts of Europe and in subje

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40. The Oath of Boniface to Pope Gregory II, 723.

40. The Oath of Boniface to Pope Gregory II, 723.

Migne, 89, cols. 803 ff. Although the Franks accepted Christianity in 496, they had made little progress in ecclesiastical discipline and in the knowledge of Christian doctrine. Heathen beliefs and practices were mixed with their Christianity, and the clergy were ignorant and undisciplined. The influence and authority of the pope did not extend to them. Boniface was an Englishman, a monk, and a devoted supporter of the doctrine of papal supremacy. He spent his life as a missionary among the Germ

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41. Letter of Pope Gregory II to the Emperor, Leo III, 726 or 727.

41. Letter of Pope Gregory II to the Emperor, Leo III, 726 or 727.

Migne, 89, cols. 521 ff. From the days of Constantine the Great the emperors assumed and actually exercised extensive authority over the church, presuming even to dictate in matters which concerned the doctrine and practice of the church. Since the emperor often supported doctrines which the bishop of Rome held to be heretical, the relations between him and the pope became more and more strained. The harsh way in which the emperors treated the popes who resisted them angered the papal adherents.

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42. Gregory III Excommunicates all Iconoclasts, 731 A.D.

42. Gregory III Excommunicates all Iconoclasts, 731 A.D.

Mansi, XII, cols. 272 f; Duchesne, Liber Pontificalis, I, p. 416. See introductory note to no. 41 . The pope [Gregory III] made a decree in the council that if anyone, in the future, should condemn those who hold to the old custom of the apostolic church and should oppose the veneration of the holy images, and should remove, destroy, profane, or blaspheme against the holy images of God, or of our Lord Jesus Christ, or of his mother, the immaculate and glorious Virgin Mary, or of the apostles, or

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43. The Pope, Gregory III, Asks Aid of the Franks against the Lombards, 739. A Letter of Gregory III to Karl Martel.

43. The Pope, Gregory III, Asks Aid of the Franks against the Lombards, 739. A Letter of Gregory III to Karl Martel.

Jaffé, IV, p. 14. When the pope was attacked by the Lombards he found himself without protection. Aside from the fact that the Greek emperor was wholly occupied in the east, the pope was in rebellion against him and so could not expect aid from him. Under these circumstances there was nothing to do but seek help from the Franks. But Karl Martel was a friend of the Lombards and so, although the pope appealed to him more than once, Karl declined to give him aid and to interfere in the affairs of I

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44. Promise of Pippin to Pope Stephen II, 753–54.

44. Promise of Pippin to Pope Stephen II, 753–54.

Duchesne, Liber Pontificalis, I, pp. 447 ff. The Lombards entered Italy in 568 and soon established themselves in the valley of the Po. For some years the boundary line between them and the Byzantine possessions, that is, the lands still held by the emperor, ran, roughly speaking, from Monselice (near Padua) west to Mantua, then southwest to Reggio, then northwest to Parma, then southwest to Berceto in the Apennines. But after Authari (583–90) became king of the Lombards he renewed the war of co

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45. Donation of Pippin, 756.

45. Donation of Pippin, 756.

{64} The grave of St. Peter is under the high altar of St. Peter’s in Rome. In front of the grave and on the same level with it is a large open space to which one descends by a flight of steps. This open space in front of the tomb is called the "confession of St. Peter."...

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46. Promise of Charles to Adrian I, 774.

46. Promise of Charles to Adrian I, 774.

Duchesne, Liber Pont., I p. 498. Now on Wednesday the aforesaid pope [Adrian] came to the church of St. Peter the apostle, with all his officials, both ecclesiastical and military, and held a conference with the king and earnestly besought, admonished, and exhorted him by his paternal love to fulfil the promise which his father, Pippin, the former king, and he himself [that is, Karl], along with his brother Karlmann and all the officials of the Franks, had made to St. Peter and to his vicar the

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47. Karl the Great Declares the Pope Has Only Spiritual Duties, 796. Letter of Karl to Leo III.

47. Karl the Great Declares the Pope Has Only Spiritual Duties, 796. Letter of Karl to Leo III.

Jaffé, IV. pp. 354 [ff]. Karl the Great had a keen sense of his authority and position, and resented any action which seemed to him an infringement of his prerogatives. Adrian I had offended him by presuming to approve and publish the acts of the council of Nicæa, 787, without waiting for Karl’s authorization. By this letter to the pope, Leo III, Karl made it plain to him that his duties were only spiritual. Karl, by the grace of God king, of the Franks and Lombards, and patricius of the Romans,

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48. Karl the Great Exercises Authority in Rome, 800.

48. Karl the Great Exercises Authority in Rome, 800.

Einhard’s Annals, M. G. SS. folio, I, p. 188. The title of patricius of Rome was somewhat vague and it is impossible to say exactly how much actual authority attached to it. But it is evident from Karl’s conduct that he regarded himself as responsible for the government of Rome. The passage from Einhard’s Annals shows that Karl was the supreme authority in legal matters there. He acted as judge even in the case of the pope. There was no one willing to make a formal charge against Leo, and hence

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49. The Oath of Pope Leo III before Karl the Great, 800.

49. The Oath of Pope Leo III before Karl the Great, 800.

Jaffé, IV, pp. 378 [ff]. See introductory note to no. 48 . Most beloved brethren, it is well known that evil men rose up against me and wished to do me harm and accused me of grave crimes. And now the most clement and serene king, Karl, has come with his priests and nobles to this city to try the case. Therefore, I, Leo, bishop of the holy Roman church, neither judged nor coerced by anyone, do clear and purge myself from these charges before you in the sight of God, who knows my secret thoughts,

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50. The Oath of the Romans to Ludwig the Pious and Lothar, 824.

50. The Oath of the Romans to Ludwig the Pious and Lothar, 824.

Altmann und Bernheim, no. 35. The emperor, Ludwig the Pious, intrusted the government of Italy to his oldest son, Lothar. In order to keep control of the papal elections, Lothar compelled the Romans to take the following oath: I, (name), promise in the name of the omnipotent God and on the four holy gospels and on this cross of our Lord Jesus Christ and on the body of most blessed Peter, prince of the apostles, that from this day I will be faithful to our lords, the emperors, Ludwig [the Pious]

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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.

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.

Bouquet, VII, pp. 572 [ff]. Although the Greek emperor, Michael, recognized Karl the Great as emperor in the west (see nos. 13–14 ), some of his successors took a different view of the matter and declared the emperors in the west usurpers. Basil had written to Ludwig II saying that the latter was not emperor and therefore should not assume the title. Ludwig replied with some vigor, advancing various arguments in his own favor. The student should examine this letter to discover (1) the objections

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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.

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.

Cor. Jur. Can., Dist. LXIII, c xxviii; M. G. LL. folio, II, parte sec., p. 158. The election of a pope was often attended with violence on the part of Roman factions, which, under the leadership of various noble families, sought to elect one of their own party. John IX recognized that the emperor was the only one who could prevent these abuses and so enacted that all papal elections should take place in the presence of the emperor’s representatives. Since the holy Roman church, over which in acc

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53. The Oath of Otto I to John XII, 961.

53. The Oath of Otto I to John XII, 961.

M. G. LL. 4to, IV, 1, no. 10. Although the pope needed the help of the king of the Germans, and was willing to confer upon him the title of emperor, yet he was afraid that Otto might assume too much authority and deprive the papal office of much of its power. He accordingly attempted to secure his position by demanding the following oath of Otto. It will be observed that Otto did not take the oath in person but sent his representative to take it for him. It was, nevertheless, binding on Otto. Ho

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54. Otto I Confirms the Pope in the Possession of his Lands, 962.

54. Otto I Confirms the Pope in the Possession of his Lands, 962.

M. G. LL. 4to, IV, 1, no. 12; Altmann und Bernheim, no. 36. In order to secure his possessions, John XII persuaded Otto I to confirm his rights to them. In section 15 Otto reserves his imperial rights, thus furnishing another proof that he was sovereign over the lands which the pope held. By comparing this document with the donations of Pippin and of Karl the Great (nos. 45 and 46), the growth of the papal land claims will be apparent. In the name of omnipotent God, the Father, Son, and Holy Gho

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55. Leo VIII Grants the Emperor the Right to Choose the Pope and Invest all Bishops, 963.

55. Leo VIII Grants the Emperor the Right to Choose the Pope and Invest all Bishops, 963.

Cor. Jur. Can., Dist. LXIII, c. xxiii; Migne, 134, cols. 992 ff. Otto I, after the rebellion of John XII, deposed him and caused a layman to be made pope, who took the title Leo VIII. The new pope then issued a decree, the essence of which is contained in the following document. It shows how determined Otto was to assert his imperial authority and is important as a statement of the imperial theory. Leo VIII is regarded as an anti-pope by the Roman church, because, according to the papal theory,

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56. The Pope Confers the Royal Title. A Letter of Pope Sylvester II to Stephen of Hungary, 1000.

56. The Pope Confers the Royal Title. A Letter of Pope Sylvester II to Stephen of Hungary, 1000.

Migne, 139, cols. 274 ff. Previous to this time, it was considered the emperor’s right to confer the royal title and to elevate a person to the rank of king. Here, for the first time in the history of the papacy, a pope confers the royal title, thereby intrenching on the imperial prerogative. Otto III, who was then emperor, did not resist this papal infringement of his rights. Later popes were not slow to see the value of this act as a precedent (see nos. 69 , 72 , 128 ), and exercised the right

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57. The Emperor, Henry III, Deposes and Creates Popes, 1048.

57. The Emperor, Henry III, Deposes and Creates Popes, 1048.

Annales Romani; in Watterich, Pontificum Romanorum Vitae, I, pp. 73 ff. The papacy having again fallen under the control of Roman factions, there were three men claiming to be pope. The emperor regarded it as his duty as well as his right to decide who was the true pope, and came to Italy for that purpose. He not only deposed the three contesting popes and named another, but so long as he lived he controlled the papal elections. Now when the report of this incredible controversy had reached the

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58. The Pope Becomes the Feudal Lord of Southern Italy and Sicily, 1059. The Oaths of Robert Guiscard to Pope Nicholas II, 1059.

58. The Pope Becomes the Feudal Lord of Southern Italy and Sicily, 1059. The Oaths of Robert Guiscard to Pope Nicholas II, 1059.

Baronius, Annales, anno 1059, §§ 70 and 71. Southern Italy and Sicily had been allowed to take care of themselves. The Greek emperor had not been able to retain his hold on them, and the German emperor, while claiming them, had never succeeded in extending his power over them. A handful of adventurous Normans had established themselves on the mainland and had assumed the title of counts. Their ambition grew with their fortune; they desired a higher title than count and wished to increase their p

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59. The Papal Election Decree of Nicholas II, 1059.

59. The Papal Election Decree of Nicholas II, 1059.

Scheffer-Boichorst, Die Neuordnung der Papstwahl durch Nicholas II, pp. 14 ff; Docberl, III, no. 4 a. Henry III (1039–56) deposed and appointed popes as he pleased (see no. 57 ). But with the spread of Cluniac ideas, there grew up a party in the church which strove with increasing energy and clearness of purpose to make the church self-governing and independent of all lay influence. Its aim was to unify and organize the government of the church by putting all ecclesiastical power in the hands of

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60. Prohibition of Simony and of the Marriage of the Clergy, 1074 A.D.

60. Prohibition of Simony and of the Marriage of the Clergy, 1074 A.D.

Sigebert of Gembloux, ad annum 1074; M. G. SS. folio, VI, p. 362. Pope Gregory [VII] held a synod in which he anathematized all who were guilty of simony. He also forbade all clergy who were married to say mass, and all laymen were forbidden to be present when such a married priest should officiate. In this he seemed to many to act contrary to the decisions of the holy fathers who have declared that the sacraments of the church are neither made more effective by the good qualities, nor less effe

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61. Simony and Celibacy. The Roman Council, 1074.

61. Simony and Celibacy. The Roman Council, 1074.

Mansi, XX, p. 404. Those who have been advanced to any grade of holy orders, or to any office, through simony, that is, by the payment of money, shall hereafter have no right to officiate in the holy church. Those also who have secured churches by giving money shall certainly be deprived of them. And in the future it shall be illegal for anyone to buy or to sell [any ecclesiastical office, position, etc.]. Nor shall clergymen who are married say mass or serve the altar in any way. We decree also

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62. Celibacy of the Clergy. Gregory VII, 1074.

62. Celibacy of the Clergy. Gregory VII, 1074.

Mansi, XX, p. 433; Corpus Juris Can., Diet. LXXXI, e. xv. If there are any priests, deacons, or subdeacons who are married, by the power of omnipotent God and the authority of St. Peter we forbid them to enter a church until they repent and mend their ways. But if any remain with their wives, no one shall dare hear them [when they officiate in the church], because their benediction is turned into a curse, and their prayer into a sin. For the Lord says through the prophet, "I will curse your bles

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63. Action of the Ninth General Council in the Lateran Against the Marriage of the Clergy, 1123 A.D.

63. Action of the Ninth General Council in the Lateran Against the Marriage of the Clergy, 1123 A.D.

Densinger, p. 106; Hefele, V, p. 194. We forbid priests, deacons, and subdeacons to live with wives or concubines, and no woman shall live with a clergyman except those who are permitted by the council of Nicæa, viz.: mother, sister, aunt, or others of such sort that no suspicion may justly arise concerning them....

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64. Prohibition of Lay Investiture, November 19, 1078.

64. Prohibition of Lay Investiture, November 19, 1078.

Jaffé, II, p. 332; Doeberl, III, no. 5 a. Since we know that investitures have been made by laymen in many places, contrary to the decrees of the holy fathers, and that very many disturbances injurious to the Christian religion have thereby arisen in the church, we therefore decree: that no clergyman shall receive investiture of a bishopric, monastery, or church from the hand of the emperor, or the king, or any lay person, man or woman. And if anyone has ventured to receive such investiture, let

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65. Dictatus Papæ, ca. 1090.

65. Dictatus Papæ, ca. 1090.

Jaffé, II, p. 174; Doeberl, III, no 6. Until recently the Dictatus Papæ was supposed to have been written by Gregory VII, but it is now known to have had a different origin. In 1087 cardinal Deusdedit published a collection of the laws of the church, which he drew from many sources, such as the actions of councils and the writings of the popes. The Dictatus agrees so clearly and closely with this collection, that it must have been based on it; and so must be later than the date of its compilatio

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66. Letter of Gregory VII to all the Faithful, Commending his Legates, 1074.

66. Letter of Gregory VII to all the Faithful, Commending his Legates, 1074.

Migne, 148, col. 392. It had not been uncommon for the popes to send their legates on missions to various parts of the world, but Gregory VII made a far more frequent use of them than any of his predecessors. He practically ruled the church through them and demanded that they be received and obeyed by all. This letter shows his general attitude on the matter, the authority he gave them, and the reception which he expected them to have. Gregory, bishop, servant of the servants of God, to all the

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67. Oath of the Patriarch of Aquileia to Gregory VII, 1079 A.D.

67. Oath of the Patriarch of Aquileia to Gregory VII, 1079 A.D.

Mansi, XX, p 525. Gregory VII required an oath of fidelity from all bishops. By comparing the oath of Boniface to Gregory II ( no. 40 ) and the oath of Richard of Capua ( no. 68 ) with this oath of the patriarch of Aquileia, interesting light will be thrown on the theory and practice of Gregory VII. From now henceforth I will be faithful to St. Peter and to pope Gregory [VII] and to his successors who shall be elected by the better cardinals. Neither in counsel nor in deed will I do anything to

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68. The Oath of Fidelity which Richard, Prince of Capua, Swore to Gregory VII, 1073.

68. The Oath of Fidelity which Richard, Prince of Capua, Swore to Gregory VII, 1073.

Migne, 148, col. 304. Gregory VII, in accordance with his political pretensions, endeavored to compel all rulers of the Christian world to acknowledge his supremacy over them. He made the broadest claims to the proprietorship of all kingdoms, duchies, counties, etc., and tried to compel all rulers of every rank to take an oath of vassalage to him and to receive their lands from him as fiefs. Nos. 68–73 illustrate this feature of his policy. I, Richard, by the grace of God and St. Peter prince of

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69. Letter of Gregory VII to the Princes Wishing to Reconquer Spain, 1073.

69. Letter of Gregory VII to the Princes Wishing to Reconquer Spain, 1073.

Migne, 148, cols. 289 f. See introductory note to no. 68 . Gregory, pope elect, to all the princes desiring to go into Spain, perpetual greeting in the Lord Jesus Christ. We suppose you know that the kingdom of Spain belonged of old to St. Peter, and that this right has never been lost, although the land has long been occupied by pagans. Therefore the ownership of this land inheres in the apostolic see alone, for whatever has come into the possession of the churches by the will of God, while it

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70. Letter of Gregory VII to Wratislav, Duke of Bohemia, 1073.

70. Letter of Gregory VII to Wratislav, Duke of Bohemia, 1073.

Migne, 148, cols. 299 f. Gregory, etc., to Wratislav, etc. We give thanks to omnipotent God that you have been led by your devotion and reverence for the apostles Peter and Paul, princes of the apostles, to receive our legates with kindness and treat them with the graciousness which is becoming to your majesty. Receive the assurance of our good-will in return for this evidence of your fidelity. It has not been usual for papal legates to visit your land; this, however, is partly the fault of your

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71. Letter of Gregory VII to Sancho, King of Aragon, 1074.

71. Letter of Gregory VII to Sancho, King of Aragon, 1074.

Migne, 148 col. 339. Gregory, bishop, servant of the servants of God, to Sancho, king of Aragon, greeting and apostolic benediction. We received your gracious letter with great joy, because of the evidence which it contained of your fidelity to the princes of the apostles, Peter and Paul, and to the holy Roman church. But indeed even if we had not received your letter we should have been well aware of your fidelity through the report of our legates. By enforcing the observances of the Roman form

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72. Letter of Gregory VII to Solomon, King of Hungary, 1074.

72. Letter of Gregory VII to Solomon, King of Hungary, 1074.

Migne, 148, col. 373. Gregory, bishop, servant of the servants of God, to Solomon, king of Hungary, greeting and apostolic benediction. Your letter was late in reaching us because of the delay of the messenger, but when it did come we were displeased with it because its terms were offensive to St. Peter. For the kingdom of Hungary, as you can learn from your own princes, belongs of right to the holy Roman church, having been offered and surrendered to St. Peter with all its rights and powers by

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73. Letter of Gregory VII to Demetrius, King of the Russians, 1075.

73. Letter of Gregory VII to Demetrius, King of the Russians, 1075.

Migne, 148, col. 425. Gregory, bishop, servant of the servants of God, to Demetrius, king of the Russians, and to his wife, the queen, greeting and apostolic benediction. Your son has visited us at Rome, and has asked that we invest him with the kingdom of the Russians in the name of St. Peter. He has given sufficient evidence of his fidelity to St. Peter, and has assured us that he is acting with your consent in making the petition. We have felt justified in granting his petition because of you

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74. Letter of Gregory VII to Henry IV, December, 1075.

74. Letter of Gregory VII to Henry IV, December, 1075.

Jaffé, II, pp. 218 ff; Doeberl, III, no. 7. Gregory VII met with vigorous opposition from the German clergy as well as from the king when he attempted to enforce his laws against simony and the marriage of the clergy. In a synod at Rome, 1075, Feb. 24–28, Gregory excommunicated five of Henry’s intimate advisers for the sin of simony. Henry refused to recognize the validity of this excommunication, and, regardless of papal protests, persisted in his policy of disposing of bishoprics (Milan, Fermo

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75. The Deposition of Gregory VII by Henry IV, January 24, 1076.

75. The Deposition of Gregory VII by Henry IV, January 24, 1076.

M. G. LL. folio, II, pp. 47 ff; Doeberl, III, no. 8 b. See introductory note to no. 74 . Henry, king not by usurpation, but by the holy ordination of God, to Hildebrand, not pope, but false monk. This is the salutation which you deserve, for you have never held any office in the church without making it a source of confusion and a curse to Christian men instead of an honor and a blessing. To mention only the most obvious cases out of many, you have not only dared to touch the Lord’s anointed, th

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76. Letter of the Bishops to Gregory VII, January 24, 1076.

76. Letter of the Bishops to Gregory VII, January 24, 1076.

Codex Udalrici, no. 162; M. G. LL. folio, II, pp. 44 ff; Doeberl, III, no. 8 a. Siegfried, archbishop of Mainz, Udo, bishop of Trier, William, bishop of Utrecht, etc. [a list of names of bishops, twenty-six in all], to brother Hildebrand. At first when you made yourself pope we thought it better to ignore the illegality of your action and to submit to your rule, in the hope that you would redeem your bad beginning by a just and righteous government of the church, although we realized even then t

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77. The First Deposition and Excommunication of Henry IV by Gregory VII, 1076.

77. The First Deposition and Excommunication of Henry IV by Gregory VII, 1076.

Greg VII. Reg., III, no. 10 a; Jaffé, II, pp. 223 ff; Doeberl, III, no. 9. See introductory note to no. 74 . St. Peter, prince of the apostles, incline thine ear unto me, I beseech thee, and hear me, thy servant, whom thou hast nourished from mine infancy and hast delivered from mine enemies that hate me for my fidelity to thee. Thou art my witness, as are also my mistress, the mother of God, and St. Paul thy brother, and all the other saints, that thy holy Roman church called me to its governme

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78. The Agreement at Oppenheim, October, 1076.

78. The Agreement at Oppenheim, October, 1076.

M. G. LL. 4to, IV, I, nos. 64, 65; Codex Udalrici, nos. 145,155; Doeberl, III, no. 12. Various parts of Germany were already in revolt against Henry IV, and the immediate effect of the papal excommunication was to strengthen the rebellious party. Being almost deserted, Henry found himself unable to refuse the demands of the rebels. He agreed to submit to Gregory in all things, and rescinded the edicts by which he had deposed him. He also called on all his subjects to submit to the pope ( no. 79

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79. Edict Annulling the Decrees Against Pope Gregory.

79. Edict Annulling the Decrees Against Pope Gregory.

Cf. reference to no. 78. Henry, by the grace of God king, to the archbishops, bishops, margraves, counts, and to his subjects of every rank and dignity, greeting and good will. Our faithful subjects have convinced us that in our recent controversy with pope Gregory we were led astray by certain evil counsellors. Therefore we now make known to all, that we have repented of our former actions and have determined henceforth to obey him in everything, as our predecessors were wont to do before us, a

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80. Letter of Gregory VII to the German Princes Concerning the Penance of Henry IV at Canossa, ca. January 28, 1077.

80. Letter of Gregory VII to the German Princes Concerning the Penance of Henry IV at Canossa, ca. January 28, 1077.

Greg. VII. Reg., IV, nos 12, 12 a; Jaffé, II, pp. 256 ff: Doeberl, III, no. 13. At Oppenheim Henry IV had been temporarily deposed. He sent away his counsellors who had been excommunicated, gave up all participation in the affairs of government, laid aside all the royal insignia, and withdrew to the city of Speier, which he was not to leave until the matter was adjusted by the pope, who was to come to Germany and hold a diet in February, 1077. But Henry did not keep his word. Fearing that he wou

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81. The Oath of King Henry.

81. The Oath of King Henry.

Cf. reference to no. 80. See introductory note to no. 80 . I, Henry, king, promise to satisfy the grievances which my archbishops, bishops, dukes, counts, and other princes of Germany or their followers may have against me, within the time set by pope Gregory and in accordance with his conditions. If I am prevented by any sufficient cause from doing this within that time, I will do it as soon after that as I may. Further, if pope Gregory shall desire to visit Germany or any other land, on his jo

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82. Countess Matilda Gives All her Lands to the Church, 1102.

82. Countess Matilda Gives All her Lands to the Church, 1102.

M. G. LL. 4to, IV, 1, p. 654, no. 444. The countess Matilda supported the papacy in its claims of temporal sovereignty, and, when she died, left it all her lands. The emperors did not recognize the validity of the legacy, and declared that she had no right to give away what belonged to the empire. The quarrel about these lands was often renewed. In the name of the holy and undivided Trinity.... In the time of Gregory VII, in the Lateran palace, in the chapel of the holy cross, in the presence of

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83. The First Privilege which Paschal II Granted to Henry V, February 12, 1111.

83. The First Privilege which Paschal II Granted to Henry V, February 12, 1111.

M. G. LL. folio, II, pp. 68 ff; Doeberl, III, no. 20 a. In the struggle about the election and investiture of bishops, which was begun by Gregory VII, Henry V pursued the same policy as his father, Henry IV. He was so vigorous in pushing his claims that Paschal II (1099–1118) yielded and in 1111 decreed that the high clergy should give up all their fiefs and temporal offices, and exercise only spiritual functions. But this action met with a storm of opposition. The bishops refused to give up the

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84. The Second Privilege which Paschal II Granted to Henry V, April 12, 1111.

84. The Second Privilege which Paschal II Granted to Henry V, April 12, 1111.

M. G. LL. folio, II, pp. 72 ff; Doeberl, III, no. 20 b. See introductory note to no. 83 . Paschal, bishop, servant of the servants of God, to his beloved son, Henry, by the grace of God king of the Germans and emperor of the Romans, Augustus, greeting and apostolic benediction. It is the will of God that your kingdom should be closely bound to the holy Roman church. Your predecessors obtained the crown and empire of the Roman world because of their wisdom and virtue; you also have been exalted t

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85. The Promise of Calixtus II.

85. The Promise of Calixtus II.

M. G. LL. folio, II, pp. 75 ff; Doeberl, III, no. 21 a. The victory won by Henry V over Paschal II ( no. 84 ) was of short duration because the Cluniac party refused to submit. They renewed the struggle with great bitterness. The contest lasted to 1122, when a compromise was agreed upon. In general it may be said that the compromise was a sensible one, in that the king was recognized as having the right to invest the bishops with their fiefs and secular authority, while the pope was to invest th

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87. Election Notice, 1125.

87. Election Notice, 1125.

Adelbert, archbishop of Mainz; Frederick, archbishop of Cologne; Udalric, bishop of Constance; Buco, bishop of Worms; Arnold, bishop of Speier; Udalric, abbot of Fulda; Henry, duke of Bavaria; Frederick, duke of Suabia; Godfrey, count palatine; Berengar, count of Sulzbach, along with the other princes, ecclesiastical and secular, who were present at the funeral of the late emperor, send their greeting and most faithful services to their venerable brother, Otto, bishop of Bamberg. After the buria

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88. Anaclete II Gives Roger the Title of King of Sicily, 1130.

88. Anaclete II Gives Roger the Title of King of Sicily, 1130.

Watterich, Pont. Rom. Vitæ, II, pp. 193 ff; Doeberl, IV, no. 4. The Norman adventurers in southern Italy were successful beyond all expectation. In 1059 Nicholas II made a duke of Roger Guiscard (see no. 58 ). He and his successors labored hard to advance the interests of their family, and in 1130 Roger, duke of Sicily, had the satisfaction of receiving the royal title from Anaclete II. There had been a disputed papal election that year, and Anaclete II, one of the rival claimants, needed all th

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89. The Coronation Oath of Lothar II, June 4, 1133.

89. The Coronation Oath of Lothar II, June 4, 1133.

M. G. LL. folio, II, pp. 82 ff; Doeberl, IV, no. 6 a. Every king, on his coronation as emperor, was required to take an oath to the pope, the character of which may be seen from the oath of Lothar. This is the oath which king Lothar swore to pope Innocent in the time of the schism of the son of Pierreleone. The oath was taken by Lothar on the day of his imperial coronation before he received the crown, and was administered by Cencio Frangipani in the presence of the Roman nobles, before the basi

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90. Innocent II Grants the Lands of the Countess Matilda as a Fief to Lothar II, 1133.

90. Innocent II Grants the Lands of the Countess Matilda as a Fief to Lothar II, 1133.

Theiner, Cod. Dom. Temp., I, 12; Doeberl, IV, no. 6 c. Matilda, countess of Tuscany, espoused the cause of the pope, and, on her death, willed all her lands to him. The emperor refused to acknowledge the validity of this will, declaring that her holdings were feudal, and hence must revert to the crown, because they could not be disposed of without imperial consent. [See no. 82 .] Lothar here gives up the imperial claim to them and yields them to the pope, but receives them back as a fief. The qu

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91. Letter of Bernard of Clairvaux to Lothar II, 1134.

91. Letter of Bernard of Clairvaux to Lothar II, 1134.

Migne, 182, cols. 293 ff; Doeberl, IV, no. 7. In 1130 there was a disputed papal election. Innocent II, on being driven from Rome by his rival, Anaclete II, went to France, where he enlisted Bernard of Clairvaux in his favor. Through the efforts of Bernard the kings of France and Germany were persuaded to support him. Lothar led an army into Italy, established Innocent in Rome, and received the imperial crown. He failed, however, to conquer Roger, who had been made king of Sicily by the antipope

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92. Letter of Bernard to Conrad III, 1140.

92. Letter of Bernard to Conrad III, 1140.

Migne, 182, no. 183; Doeberl, IV, no. 11. Because Roger of Sicily had supported the antipope, Bernard had urged Lothar to make war on him. [See no. 91 .] But Innocent had, in the meantime, without consulting the emperor, made a treaty with Roger and won his support by also granting him the royal title (1139). Conrad III was offended by this and protested against it. Conrad declared that the kingdom which Roger held, that is, Sicily and southern Italy, was a part of the empire, and therefore the

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93. Letter of Conrad III to the Greek Emperor, John Comnenus, 1142.

93. Letter of Conrad III to the Greek Emperor, John Comnenus, 1142.

Otto Fris. Gesta Frid., I, c. 25; M. G. SS. folio, XX; Doeberl, IV, no. 12. Although the German and Greek emperors had not adjusted their conflicting claims to southern Italy and Sicily (see no. 58 , introductory note), they were agreed in regarding the Normans as usurpers and a common enemy. In order to destroy them the emperors determined to make common cause against them, as is apparent from the following letter. John Comnenus, wishing to strengthen the alliance with Conrad, asked him to choo

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94. Letter of Wibald, Abbot of Stablo, to Eugene III, 1159.

94. Letter of Wibald, Abbot of Stablo, to Eugene III, 1159.

Jaffé, I, p. 372; Doeberl, IV, no. 24 a. The following letter shows (1) the mismanagement of the affairs of a great monastery, (2) the troubles which might arise in connection with the election of an abbot, (3) the influence which Conrad III exercised on such elections, and (4) the method of procedure in elections. It will be remembered that the concordat of Worms was now in force. To his reverend father and lord, pope Eugene, Wibald [abbot of Stablo], sends his reverence and respect. Our belove

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95. Letter of Frederick I to Eugene III, Announcing his Election, 1152.

95. Letter of Frederick I to Eugene III, Announcing his Election, 1152.

Jaffé, I, Wibaldi Epp., no. 372; Doeberl, IV, no. 25 a. During the Middle Age there were many constitutional questions which had not been decided. On many points no theory had been formulated, and the practice varied. Thus it had not been clearly determined how far the pope might control the election of the German king. In 1125 Lothar had asked the pope to confirm his election; Frederick I merely informs the pope of his election and tells him the policy which he intends to pursue. Eugene III "ap

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96. Answer of Eugene III, May 17, 1152.

96. Answer of Eugene III, May 17, 1152.

Jaffé, I, Wibaldi Epp., no. 382; Doeberl, IV, no. 25 e. See introductory note to no. 95 . Eugene, bishop, servant of the servants of God, to his beloved son in Christ, Frederick, illustrious king of the Romans, greeting and apostolic benediction. We have received the messengers and the letter which you sent to inform us of your election by the unanimous vote of the princes.... We give thanks unto God, from whom cometh every good and perfect gift, for this good news, and we heartily approve your

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97. Treaty of Constance, 1153.

97. Treaty of Constance, 1153.

Jaffé, I, Wibaldi Epp., no. 417; Doeberl, IV, no. 27 a. The situation of the pope was precarious. In the first place, the Romans had rebelled against him and his rule, and had set up a government of their own. Since 1143 he had been compelled to spend most of his time outside of the city. In the second place, Roger of Sicily was in rebellion against him and threatened the papal lands with invasion from the south. And lastly, the Greek emperor was now following a vigorous policy to secure land in

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98. The Stirrup Episode, 1155.

98. The Stirrup Episode, 1155.

Watterich, Pont. Rom. Vitæ, II, pp. 327 ff. This account of the stirrup episode illustrates the growing pretensions of the papacy, the temper of both Frederick I and the new pope, Adrian IV, and the importance which the Middle Age attached to matters of ceremony. The king [Frederick] advanced with his army to the neighborhood of Sutri and encamped in Campo Grasso. The pope, however, came to Nepi, and on the day after his arrival was met there by many of the German princes and a great concourse o

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99. Treaty between Adrian IV and William of Sicily, 1156.

99. Treaty between Adrian IV and William of Sicily, 1156.

Watterich, Pont. Rom. Vitæ, II, pp. 352 ff; Doeberl, IV, no. 34. By this document the long struggle between the popes and the kings of Sicily was brought to an end. The terms of the treaty were very favorable to the pope, but William retained as privileges certain things which were in other countries generally regarded as belonging to the pope. For the effects of this treaty on the relations between Adrian IV and Frederick I, see no. 100 , introductory note. In the name of the Lord, the eternal

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100. Letter of Adrian IV To Frederick, September 20, 1157.

100. Letter of Adrian IV To Frederick, September 20, 1157.

Ragewin, Gesta Friderici, III, ch. 9; M. G. SS. folio, XX; Doeberl, IV, no. 35a. Frederick I had been deeply offended by the treaty which Adrian IV made with William of Sicily ( no. 99 ), because it had been made without his consent, and without in any way considering the claims which the emperor laid to Sicily. In making the treaty of Constance ( no. 97 ) Frederick had undoubtedly been outwitted by the papal diplomacy. He had been led to promise not to make peace with the Normans without the co

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101. Manifesto of the Emperor, October, 1157.

101. Manifesto of the Emperor, October, 1157.

Ragewin, Gesta Friderici, III, ch. 11; M. G. SS. folio, xx; Doeberl, IV, no. 35 b. God, from whom proceeds all authority in heaven and in earth, has intrusted the kingdom and the empire to us, his anointed, and has ordained that the peace of the church be preserved by the imperial arms. Therefore it is with great sorrow that we are forced to complain to you of the head of the church which Christ intended should reflect his character of charity and love of peace. For the actions of the pope threa

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102. Letter of Adrian IV to the Emperor, February, 1158.

102. Letter of Adrian IV to the Emperor, February, 1158.

Ragewin, Gesta Friderici, III, chs. 22, 23; M. G. SS. folio, xx; Doeberl, IV, no. 35 e. Ever since we were called by the will of God to the government of the universal church, we have tried to honor you in every way, in order that your love and reverence for the apostolic seat might daily increase. Therefore we were greatly astonished to learn that you were incensed at us and that you had treated with such scant respect the legates ... whom we had sent to you for the purpose of learning your wis

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103. Definition of Regalia or Crown Rights, Given at the Diet Held on the Roncalian Plain, 1158.

103. Definition of Regalia or Crown Rights, Given at the Diet Held on the Roncalian Plain, 1158.

M. G. LL. folio, II, pp. 111 f; Doeberl, IV, no. 37 a. The rights of the crown were called "regalia." When Frederick I went into Italy (1158) he found that the royal rights had been usurped by the cities and nobles. At the diet which he held on the Roncalian plain he consulted lawyers who had been trained in the law of Justinian, and asked them what the imperial rights in Italy were. Their decision, which is here given, was largely influenced by their study of the Roman law. The account which Ra

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104. Grounds for the Quarrel between Adrian IV and Frederick I. Letter of Eberhard, Bishop of Bamberg, to Eberhard, Archbishop of Salzburg, 1159.

104. Grounds for the Quarrel between Adrian IV and Frederick I. Letter of Eberhard, Bishop of Bamberg, to Eberhard, Archbishop of Salzburg, 1159.

Although the stirrup episode and the Besançon episode were ended without a rupture between Frederick and Adrian, the fundamental question between them was not yet settled. Frederick continued to act in accordance with his ideas of what his office demanded, thus giving deep offence to the pope. The various matters in which the pope felt that Frederick had offended are set forth in this letter. They involve the deeper question of supremacy. The relations between the pope and emperor were becoming

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105. Letter of Alexander III about his Election, 1159.

105. Letter of Alexander III about his Election, 1159.

M. G. SS. folio, XVIII, pp, 28 f; Doeberl, IV, no. 39 a. When Adrian IV died, 1159, the quarrel between him and the emperor had reached such a pitch of bitterness that he was about to excommunicate Frederick. But there was a party in the college of cardinals which was heartily supporting the emperor against the pope. The members of this German party, as it was called, had opposed the treaty which Adrian had made with William of Sicily (see no. 99 ) and had sympathized with Frederick in the Besan

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106. Letter of Victor IV to the German Princes, 1159.

106. Letter of Victor IV to the German Princes, 1159.

Ragewin, Gesta Frid., IV, ch. 60; M. G. SS. folio, XX; Doeberl, IV, no. 39 b. See introductory note to no. 105 . Victor, bishop, servant of the servants of God, to his venerable brothers, the patriarchs, archbishops, bishops, and his dear sons, the abbots, dukes, marquises, counts, and other princes, and the imperial family who are connected with the most holy court of Frederick, the most serene and unconquered emperor of the Romans, greeting and apostolic benediction. We believe that you cannot

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107. The Account of the Election as Given by Gerhoh of Reichersberg, ca. 1160.

107. The Account of the Election as Given by Gerhoh of Reichersberg, ca. 1160.

Doeberl, IV, no. 39 d. When Adrian IV died, all the cardinal clergy of the holy Roman church met to elect his successor. A secret ballot was taken and the result announced. It was found that a majority of the cardinals had voted for Roland, the chancellor of Adrian IV. A few had voted for Octavian, and some also for Magister Bernard. Since there could not be three popes, the majority tried to persuade the minority to give up their candidates and make the election of Roland unanimous. Those who h

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108. The Preliminary Treaty of Anagni between Alexander III and Frederick I, 1176.

108. The Preliminary Treaty of Anagni between Alexander III and Frederick I, 1176.

Kehr, Vertrag von Anagni. in Neues Archiv, XIII, pp. 109 ff; Doeberl, IV no. 46 a. The quarrel between the pope and emperor increased in bitterness. At the same time the Italian cities rebelled against Frederick and joined the pope. The Lombard league was formed and at Legnano, 1176, the emperor was utterly defeated. He then sent ambassadors to the pope at Anagni to discuss the terms of a treaty of peace. They agreed on the following articles which were afterward incorporated in the peace of Ven

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109. The Peace of Constance, January 25, 1183.

109. The Peace of Constance, January 25, 1183.

Muratori, IV, pp. 307 ff; M. G. LL. folio, II, pp. 175 ff; Doeberl, IV, no. 51 c. See introductory note to no. 108 . In the name of the holy and undivided Trinity. Frederick, by divine mercy emperor of the Romans, Augustus, and Henry VI, his son, king of the Romans, Augustus.......

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110. The Formation of the Duchy of Austria, 1156.

110. The Formation of the Duchy of Austria, 1156.

Wattenbach, Die ost. Freiheitsbriefe; Doeberl, IV, no. 31 a. The nobles of Germany early showed the desire to free themselves from the control of the emperor and to acquire independence at the expense of the crown. The document by which Frederick I created the duchy of Austria out of the Bavarian east mark and gave it to his uncle, Henry, contains some concessions which tended to weaken the crown. Instead of binding the new duke closely to the crown and compelling him to render services commensu

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111. The Bishop of Würzburg is made a Duke, 1168.

111. The Bishop of Würzburg is made a Duke, 1168.

Bresslau, Diplomata Centum, no. 72; Doeberl, IV, no. 44. The old duchy of Franconia disappeared with Conrad II (1024–39). The Staufer, who inherited the family lands of Conrad II, called themselves dukes of Rothenburg, and not of Franconia. A large part of the original duchy went to make up the bishoprics of Mainz, Bamberg, and Würzburg. In time the bishops of Würzburg put forth the claim that they had received the ducal office in Franconia. In a diet at Würzburg, 1168, Herold, the ambitious bis

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112. Decree of Gelnhausen, 1180.

112. Decree of Gelnhausen, 1180.

Heinemann, Cod. Anhalt., no. 1 c; Doeberl, IV. no. 5O. As early as 953 Bruno, archbishop of Cologne, received the ducal authority over Lothringen. This gave him the power to hold local diets and to summon both the bishops and secular nobles to attend them. The Gelnhausen decree, so named because it was published in a diet held at Gelnhausen, is important because it contains an official account (1) of the trial of Henry the Lion, and (2) of the partition of the duchy of Saxony. The archbishop of

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113. Papal Election Decree of Alexander III, 1179.

113. Papal Election Decree of Alexander III, 1179.

Watterich, Pont. Rom. Vitæ, II, pp. 644 f; Doeberl, IV, no. 49. Disputed elections might easily take place, because there was no clear law governing them. It was not the majority of the cardinals who could elect, but those of the "better and wiser counsel." No matter how small the number of cardinals who might vote for a particular candidate, he could easily claim to be elected because he could say that his supporters were of the "better and wiser counsel." To prevent such occurrences, Alexander

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114. Innocent III to Acerbius, 1198.

114. Innocent III to Acerbius, 1198.

Migne, 214, col. 377. Innocent III here gives an interesting statement of the theory of papal supremacy and of the relations existing between papacy and empire. Innocent III to Acerbius, prior, and to the other clergy in Tuscany. As God, the creator of the universe, set two great lights in the firmament of heaven, the greater light to rule the day, and the lesser light to rule the night [Gen. 1:15,16], so He set two great dignities in the firmament of the universal church, ... the greater to rul

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115. The Use of the Pallium. Innocent III to the Archbishop of Trnova (in Bulgaria), 1201.

115. The Use of the Pallium. Innocent III to the Archbishop of Trnova (in Bulgaria), 1201.

Migne, 215, col. 294. To the honor of omnipotent God, and of the Blessed Virgin Mary, and of the blessed apostles, Peter and Paul, and of pope Innocent and of the Roman church, as well as of the church committed to you, we give you the pallium. It was first placed on the tomb of St. Peter, from which place we have taken it to send it to you. It is the symbol of the full power of the bishop’s office. You shall wear the pallium only when you celebrate mass in the churches of your own diocese on th

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116. Innocent III to the Archbishop of Auch in Gascony, 1198.

116. Innocent III to the Archbishop of Auch in Gascony, 1198.

Migne, 214, col. 71. Many heresies were appearing in various parts of Europe, and Innocent III made special efforts to suppress them. The three following documents illustrate the means by which he hoped to destroy them. These letters are directed to Spain and to Gascony, where the Albigensian heresy was flourishing. The little boat of St. Peter is beaten by many storms and tossed about upon the sea, but it grieves us most of all that, against the orthodox faith, there are now arising more unrest

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117. Innocent III Commands all in Authority to aid his Legates in Destroying Heresy, 1198.

117. Innocent III Commands all in Authority to aid his Legates in Destroying Heresy, 1198.

Migne, 214, col. 142. See introductory note to no. 116 . In order to catch the little foxes which are destroying the vineyard of the Lord [Song of Sol. 2:15], and to separate heretics from the society of the faithful, we have sent to you our beloved son and brother, Rainerius, who, by the divine aid, is powerful in both word and deed, and with him our beloved son and brother, Guido, who fears God and is devoted to works of love. We ask, warn, exhort, and for the forgiveness of your sins command

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118. Confiscation of the Property of Heretics. Innocent III to the King of Aragon, 1206.

118. Confiscation of the Property of Heretics. Innocent III to the King of Aragon, 1206.

Migne, 215, col. 915 f. Since according to the gospel, the "laborer is worthy of his hire" [Luke 10:7], and in another place it is said, "Thou shalt not muzzle the mouth of the ox that treadeth out the corn" [1 Cor. 9:1], it is certainly even more fitting that a proper reward should be given those who, zealous for the divine law, labor to destroy the little foxes which are ruining the vineyard of the Lord [Song of Sol. 2:15]; we mean those who are endeavoring to pervert the Christian faith. Thei

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119. Innocent III Commands the French Bishops to Punish Usury, 1198.

119. Innocent III Commands the French Bishops to Punish Usury, 1198.

Migne, 214, col. 376. The code of Justinian permitted the taking of interest, but the Biblical view of the matter prevailed and in the Middle Age to accept interest in any form on loans was usury. The church often renewed her prohibitions of the custom, but was unable to abolish it. Finally in the sixteenth century the distinction was made between a reasonable and just rate of interest, which was permissible, and an excessive rate, which was declared to be usury, and therefore prohibited. We bel

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120. Innocent III Forbids Violence to the Jews, 1199.

120. Innocent III Forbids Violence to the Jews, 1199.

Migne, 214, col. 864. During the Middle Age the Jew received no protection from the law. It took no account of him. He was compelled to pay for the permission to live in a Christian state or in a Christian town. Such a permission was often revoked at the will of the government (emperor, duke, bishop, city council, etc.), and the Jews were then plundered by the government or the mob, and made to pay well to have the permission renewed. Although the government often robbed them, they had more to f

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121. Innocent III to the Archbishop of Rouen, 1198.

121. Innocent III to the Archbishop of Rouen, 1198.

Migne, 214, col. 93. It was not uncommon for clergymen to hold livings or benefices (receive an income) from different churches at the same time. In such cases, they of course found it impossible to live in all the parishes from which they received money or support. And some clergymen, although supported by some church, cared little for their clerical duties and evaded them by living in some other parish. This letter to the archbishop of Rouen represents a part of the reforming work of Innocent

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122. Innocent III to a Bishop, Forbidding Laymen to Demand Tithes of the Clergy, 1198.

122. Innocent III to a Bishop, Forbidding Laymen to Demand Tithes of the Clergy, 1198.

Migne, 214, col. 433 f. This letter does not differ materially from the bull "Clericis laicos," no. 162 . See the introductory note to it. Since it is improper and contrary to reason that laymen, who are bound to pay tithes to the clergy, should presume to extort tithes from them, to the utter confusion of the established order of things, we grant your petition, and give all the monasteries, churches, and clergy of your diocese the permission to refuse to pay any tithes which may be demanded of

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123. The Prefect of Rome Takes the Oath of Fidelity to the Pope, 1198.

123. The Prefect of Rome Takes the Oath of Fidelity to the Pope, 1198.

Migne, 214, cols. 18 and 529. Innocent III attempted to build up a system of papal government in all the lands which he claimed. This document shows how his authority in Rome was recognized. No. 124 is an illustration of the oath which he required of the local princes in Italy who held lands from him. No. 125 is offered as an evidence of his government in Sicily. The next day after the coronation of Innocent III, Peter, prefect of the city of Rome, in the consistory of the Lateran palace, public

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124. John of Ceccano’s Oath of Fidelity to Innocent III, 1201.

124. John of Ceccano’s Oath of Fidelity to Innocent III, 1201.

Migne, 217, col. 286. See introductory note to no. 123 . In the fourth year of the pontificate of Innocent III, in the papal palace at Anagni, a nobleman, John of Ceccano, took an oath of fidelity to pope Innocent for Ceccano and for all the land which he holds. The oath was taken in the presence of cardinal bishops, priests, and deacons; there were present also many other clergy and nobles of Anagni and of other places, as well as the knights of John of Ceccano. And he admitted that he held Cec

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125. Innocent III Commands the Archbishop of Messina to Receive the Oaths of Bailiffs in Sicily, 1203.

125. Innocent III Commands the Archbishop of Messina to Receive the Oaths of Bailiffs in Sicily, 1203.

Migne, 215, col. 55. See introductory note to no. 123 . This document is an evidence that the government of Sicily was administered by the pope. According to the Constitutions of Sicily, 1231, the bailiffs had jurisdiction over thefts, the use of false weights and measures, and the less important civil cases. Knowing your orthodoxy and your faithfulness we do not hesitate to commit to your charge those things which will advance the honor of the apostolic see. Accordingly, by this apostolic writi

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126. Innocent III Commands the English Barons to pay their Accustomed Scutage to King John, 1206.

126. Innocent III Commands the English Barons to pay their Accustomed Scutage to King John, 1206.

Migne, 217, col. 248. Innocent III presumed to dictate to the whole Christian world in all matters, temporal as well as spiritual. The following documents, nos. 126–129, are offered merely to illustrate by a few specific cases the authority which he assumed. They explain themselves. Innocent .... to his beloved sons, the great nobles, barons, and knights in England, greeting and apostolic benediction. Our most dear son, John, the illustrious king of England, has informed us that, although your a

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127. Innocent III to Peter of Aragon, 1211.

127. Innocent III to Peter of Aragon, 1211.

Migne, 216, col. 404 f. See introductory note to no. 126 . Since you say that while you were still a minor you did yourself great damage by making grants which now involve a large part of your income, and that, although you are very poor, you incur heavy expenses in fighting the enemies of Christianity [that is, the Mohammedans in Spain], I hereby give you the authority to revoke all the grants you made during your minority; but with this proviso, that if you wish to revoke any grants which you

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128. Innocent III Grants the Title of King to the Duke of Bohemia, 1204.

128. Innocent III Grants the Title of King to the Duke of Bohemia, 1204.

Migne, 215, col. 333 f. See introductory note to no. 126 and to no. 56 . Although there have been many in Bohemia who have worn a royal crown, yet they never received the papal permission to call themselves king in their documents. Nor have we hitherto been willing to call you king, because you were crowned king by Philip, duke of Suabia, who himself had not been legally crowned, and therefore could not legally crown either you or anyone else. But since you have obeyed us, and, deserting the duk

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129. Innocent III Rebukes the English Barons for Resisting King John of England, 1216.

129. Innocent III Rebukes the English Barons for Resisting King John of England, 1216.

Migne, 217, col. 245 f. Innocent, etc., to his beloved sons, the magnates and barons of England, greeting and apostolic benediction. We are gravely troubled to learn that a quarrel has arisen between our most beloved son, John, king of England, and some of you, about certain questions that have recently been raised. Unless wise counsel prevails and diligent measures are taken to end this quarrel, it will cause injury. It is currently reported that you have rashly made conspiracies and confederac

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130. Decision of Innocent III in Regard to the Disputed Election of Frederick II, Philip of Suabia, and Otto of Brunswick, 1201.

130. Decision of Innocent III in Regard to the Disputed Election of Frederick II, Philip of Suabia, and Otto of Brunswick, 1201.

Reg. d. Innoc. III. p. super neg. Rom. imp., no. 29; Huillard-Bréholles, I, 70–76; Böhmer-Ficker-Winkelmann, no. 5724 a; Doeberl, V, no. 8. At the death of Henry VI, 1197, his brother, Philip of Suabia, tried to persuade the princes to elect the infant son of Henry, Frederick, as king. While some were in favor of this, others refused on the ground that it would be ruinous to elect a child king. They offered the crown to Philip, but he refused it because he was unwilling to appear to be false to

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131. Treaty between Philip, King of Germany, and Philip II, King of France, 1198.

131. Treaty between Philip, King of Germany, and Philip II, King of France, 1198.

(3) We will not keep in our realm any vassal, whether lay or cleric, of the king of France, contrary to the will of the said king. (4) The said king, whenever he wishes, may take vengeance on the count of Flanders, by attacking the lands of the said count which he holds in the empire, whether they are fiefs or allodial lands. (5) We promise in good faith that, if we learn that anyone is trying to injure the king of France or his realm, we will try to prevent him from doing so. If we cannot, we w

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132. Alliance between Otto IV and John of England, 1202.

132. Alliance between Otto IV and John of England, 1202.

M. G. LL. 4to, IV, 2, no. 25. See introductory note to no. 131 . John, by the grace of God king of England, lord of Ireland, duke of Normandy and Aquitaine, count of Anjou, etc. ... We wish all to know that, in the name of the Lord Jesus Christ, we have made a league with our beloved nephew, Otto, by the grace of God illustrious king of the Romans, Augustus, for the purpose of guarding and defending his empire and his rights, and of giving him faithful counsel and aid in maintaining his rights.

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133. Concessions of Philip of Suabia to Innocent III, 1203.

133. Concessions of Philip of Suabia to Innocent III, 1203.

Migne, 217, col. 295 ff; M. G. LL. folio, II, p. 208. In the beginning of the war between Philip of Suabia and Otto IV, it seemed that Philip would easily be the victor. But things began to go against him and toward the end of 1202, he secretly sent messengers to the pope to see what terms he could secure. Innocent was at least willing to negotiate and sent Martin to him to discuss the situation. In the presence of Martin, Philip drew up the concessions which he was willing to make. These conces

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134. Promise of Frederick II to Innocent III, 1213.

134. Promise of Frederick II to Innocent III, 1213.

Migne, 217, cols. 301 ff. The powerful personality of Innocent III impressed itself deeply on the young king, Frederick II. The boy was truly devoted to Innocent, who was his guardian, and was willing to do whatever the pope required of him. In 1213 he wrote the following letter to Innocent in which he concedes practically everything for which the popes had been struggling. If the emperor had kept these promises, there would have been no further contest between the papacy and the empire. But as

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135. Promise of Frederick II to Resign Sicily After his Coronation as Emperor, 1216.

135. Promise of Frederick II to Resign Sicily After his Coronation as Emperor, 1216.

Migne, 217, cols. 305 f; M. G. LL. folio, II, pp. 228 f; Böhmer-Ficker, no. 866; Doeberl, V, no. 13 b. The pope had with difficulty succeeded in maintaining his ownership of Sicily. Now a new danger was threatening. He feared that, if Sicily should be held by the emperor, it would lead to the revival of the imperial claims to Sicily. In order to prevent this he persuaded Frederick II to promise that as soon as he should be crowned emperor he would resign Sicily to his little son, Henry. To his m

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136. Concessions of Frederick II to the Ecclesiastical Princes of Germany, 1220.

136. Concessions of Frederick II to the Ecclesiastical Princes of Germany, 1220.

M. G. LL. folio, II, pp. 236 f; Böhmer-Ficker, no. 114; Doeberl, V, no. 14. Frederick II had agreed that Sicily and Germany should never be held by the same person, but in 1220 he was scheming to have his son Henry [VII] elected and crowned king of Germany. Now Henry [VII] was already king of Sicily. If he were to be elected king of Germany, he would, in accordance with his father’s oath, be compelled to resign the crown of Sicily. But this Frederick did not intend that he should do. Frederick’s

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137. Decision of the Diet Concerning the Granting of new Tolls and Mints, 1220.

137. Decision of the Diet Concerning the Granting of new Tolls and Mints, 1220.

M. G. LL. folio, II, p. 237; Böhmer-Ficker, no. 1118; Doeberl, V, p. 150. The ecclesiastical princes promptly demanded that the emperor’s concessions to them ( no. 136 ) be put into force. To illustrate the effect of his grant, we give two documents, one in response to complaints about some new tolls established by the count of Gelder, the other to the patriarch of Aquileia who had presented a long list of grievances for redress. Frederick revoked the charter which he had given the count of Geld

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138. Frederick II Gives a Charter to the Patriarch of Aquileia, 1220.

138. Frederick II Gives a Charter to the Patriarch of Aquileia, 1220.

Böhmer-Ficker, no. 1252; Doeberl, V, pp. 150 ff. See introduction to no. 137 . Frederick II, etc.... We wish all to know that in a full diet a decision was rendered by our princes that (1) the patriarch of Aquileia has the authority to take whatever action he wishes in regard to establishing a market in any of the cities, towns, villages, and in all other places, where he has jurisdiction. (2) He may put under the ban any of his subjects, and also release them from it. (3) The cities, towns, and

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139. Statute of Frederick II in Favor of the Princes, 1231–2.

139. Statute of Frederick II in Favor of the Princes, 1231–2.

M. G. LL. folio, II, pp. 291 ff; Böhmer-Ficker, no. 1965; Doeberl, V, no. 17. Henry [VII], being a mere child when he was crowned, was under the control of regents until 1229, when he began to rule in his own name. But he fell under the influence of princes who persuaded him to grant them many regalian rights. When Frederick II came into Germany, 1231, the princes asked him to confirm the grants which his son had made them. He consented to do so and the following document was given them. Like th

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140. The Preliminary Agreement.

140. The Preliminary Agreement.

Huillard-Bréholles, Hist. Dipl. Fred. II, III, pp. 210 f; Böhmer-Ficker, no. 1799; Doeberl, V, no. 16 d. The chief cause of the first quarrel between Frederick and the pope was Frederick’s refusal to keep his vow to go on a crusade. In 1215, on the day he was crowned king, he vowed to make a crusade, and again in 1220, when crowned emperor, he renewed the vow. For various reasons he several times put off going. Each time the pope was deeply disappointed, but eventually accepted the emperor’s exc

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141. Papal Stipulations in the Peace of San Germano, 1230.

141. Papal Stipulations in the Peace of San Germano, 1230.

Huillard-Bréholles, III, pp. 218 f; Böhmer-Ficker, no. 1817; Doeberl, pp. 66 f. See introductory note to no. 140 . We, John, by the grace of God Sabine bishop, and Thomas, cardinal priest of the title of Santa Sabina, legates of the apostolic see, by the authority of the pope, make the following demands of the emperor. 1. He shall not prevent free elections and confirmations in the churches and monasteries of the kingdom. 2. He shall make satisfaction to the counts of Celano and to the sons of R

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142. Letter of Gregory IX about the Emperor’s Visit to him after 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.

Huillard-Bréholles, III, p. 228; Böhmer-Ficker-Winkelmann, no. 6818; Doeberl, V, no. 16 f. Gregory, etc. Since we know that you, as an especially dear son, are pleased to hear good news about us, we have determined to inform you by letter of the good fortune which has befallen us in the last few days. The other day [Sept. 1] our most dear son in Christ, the illustrious emperor of the Romans [Frederick II], came with great pomp and a magnificent retinue to visit us. He manifested a devotion which

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143. Papal Charges and Imperial Defence, 1238.

143. Papal Charges and Imperial Defence, 1238.

Huillard-Bréholles, V, p. 249; Böhmer-Ficker, no. 2401; Doeberl, V, no. 22 e. The peace of San Germano was not kept long. The fundamental principles of pope and emperor conflicted with each other. No peace between them could be lasting so long as the primary question of supremacy was not settled. Frederick soon began to put forth imperial claims in various matters, and the pope resisted them. The struggle grew more and more bitter and they both came into such a state of mutual exasperation and i

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144. The Excommunication of Frederick II, 1239.

144. The Excommunication of Frederick II, 1239.

Huillard-Bréholles, Hist. Dipl., I, pp. 286 ff; Böhmer-Ficker-Winkelmann, no. 7226 a; Doeberl, V, no. 22 f. See introductory note to no. 143 . We absolve all his subjects from their oaths of fidelity to him, forbidding them to show him fidelity as long as he is under excommunication. We shall admonish him again to give up oppressing and injuring the nobles, the poor, the widows and orphans, and others of his land, and then we shall proceed to act ourselves in the matter. For all and each of thes

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145. Current Stories about Frederick II.

145. Current Stories about Frederick II.

Selections from Matthew of Paris, Chronica Majora; Rolls Series, III, pp. 520 f, p. 527; IV, pp. 474, 634 f; V, pp. 99 f. A few passages from the chronicle of Matthew of Paris are offered to illustrate the character of Frederick and to throw a little light on the great struggle between him and the pope. The last paragraph is particularly interesting because it indicates that the pope was becoming conscious that he was meeting with national opposition. But he evidently misjudged the strength of i

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146. Diet of Nürnberg, 1274.

146. Diet of Nürnberg, 1274.

3. The king asked, in the second place, what the law was in the case of the king of Bohemia, who had wilfully allowed more than a year and a day to elapse from the day of the coronation [of Rudolf] at Aachen without seeking to be invested with his fiefs by the king of the Romans. It was decided by all the princes and barons that whenever anyone, by his own neglect or contumacy and without just excuse, failed to seek investiture of his fiefs within a year and a day, all his fiefs were forfeited b

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147. The German Princes Confirm Rudolf’s Surrender of all Imperial Claims in Italy, 1278–79.

147. The German Princes Confirm Rudolf’s Surrender of all Imperial Claims in Italy, 1278–79.

M. G. LL. folio, II, pp. 421 f. Rudolf saw clearly that the policy which the German kings had followed with regard to Italy had led to their ruin. He determined to give up this fatal policy, and to devote himself to the acquisition of lands and power in Germany. Accordingly he acknowledged all the papal claims in Italy, thus surrendering all for which the emperors had fought for the last 200 years. Contenting himself with what seemed obtainable, he gracefully acknowledged the defeat and failure

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148. Revocation of Grants of Lands Belonging to the Imperial Domain, 1281.

148. Revocation of Grants of Lands Belonging to the Imperial Domain, 1281.

M. G. LL. folio, II, p. 435; Altmann und Bernheim, no. 14. Rudolf’s efforts to secure the crown lands which had been seized during the interregnum (see introductory note, no. 146 ) were not successful. The princes often voted that he should recover them, but each one refused to give up those which he himself held. In spite of his continued efforts, Rudolf was unable to regain any large part of them. We, Rudolf, by the grace of God, etc., by this document, declare and publicly proclaim that while

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149. An Electoral "Letter of Consent," 1282.

149. An Electoral "Letter of Consent," 1282.

Stillfried und Maerker, Monumenta Zollerana, II, p. 138; Altmann und Bernheim, no. 15. The power of the electors as well as the weakness of the crown after 1273 are shown by the fact that the electors compelled the king to secure their express and written consent before taking any important action. By this means the electors hoped to control the policy of the king and to make their own positions secure. If what the king proposed to do was not to their interest, they made him pay well for their c

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150. Letter of Rudolf to Edward I, King of England, Announcing his Intention of Investing his Sons with Austria, etc., 1283.

150. Letter of Rudolf to Edward I, King of England, Announcing his Intention of Investing his Sons with Austria, etc., 1283.

Rymer, Fœdera, II, p. 259. Rudolf’s chief policy was the aggrandizement of his family. By all possible means he endeavored to acquire lands in such a way that they would remain in the possession of his family, no matter who should be elected as his successor. This document is interesting as throwing light on his ambitious foreign relations, but it is still more important because it speaks of a great event in the good fortunes of the Hapsburg house, namely: the acquisition of the duchies of Austr

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151. Decree against Counterfeiters, 1285.

151. Decree against Counterfeiters, 1285.

M. G. LL. folio, II, p. 446. Since so many individuals, cities, and monasteries had the right to coin money, it was impossible to keep effective control of the coinage. It was inevitable that it would in the course of time be debased. During the interregnum this abuse seems to have grown rapidly. Rudolf, etc., to all the faithful subjects of the holy Roman empire to whom these presents come, grace and every good thing. In the court over which we presided, held at Mainz on the day of the blessed

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152. The Beginning of the Swiss Confederation, 1290.

152. The Beginning of the Swiss Confederation, 1290.

Kopp, Urkunden zur Geschichte der eidgenössischen Bünde, no. 19. The Swiss confederation had its beginning in the following league which the three forest cantons, Uri, Schwyz, and Unterwalden, made in 1290. It is in itself, however, a renewal of a still older league, the history of which is unknown to us. This document reveals the fact that these cantons were not entirely independent, but were subject to some external power. For instance, they did not choose or create their own judges, but recei

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152 a. Edict of Rudolf, Forbidding Judges of Servile Rank to Exercise Authority in Schwyz, 1291.

152 a. Edict of Rudolf, Forbidding Judges of Servile Rank to Exercise Authority in Schwyz, 1291.

M. G. LL. folio, II, p. 457. The free peasants of the Swiss cantons had a serious ground of complaint in the fact that feudal lords made use of their ministerials in the administration of justice. Being themselves freemen, the peasants of Schwyz objected to being tried and judged by men of unfree rank, as the ministerials were. See nos. 296 and 297 . Rudolf, by the grace of God king of the Romans, Augustus, to all the freemen of Schwyz, his beloved subjects, grace and every good thing. We regard

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153. Concessions of Adolf, Count of Nassau, to the Archbishop of Cologne in Return for his Vote, 1292.

153. Concessions of Adolf, Count of Nassau, to the Archbishop of Cologne in Return for his Vote, 1292.

Ennen, Wahl des Königs Adolf von Nassau, pp. 56 ff; Altmann und Bernheim, no. 16. Candidates for the royal crown in Germany were compelled to practise bribery in the most open and shameless manner. Each elector was determined to get as much as he could for his vote, in one way or another, and so demanded a great variety of things from the candidate. We give the agreement which Adolf, count of Nassau, was compelled to make with the archbishop of Cologne in 1292. Of course he had to pay, or at lea

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154. The Archbishop of Mainz is Confirmed as Archchancellor of Germany, 1298.

154. The Archbishop of Mainz is Confirmed as Archchancellor of Germany, 1298.

De Guden, Codex Diplom., I, pp. 904 f; Altmann und Bernheim, no. 18. The archbishop of Mainz had long been the archchancellor of Germany, but nearly all the duties of the office were performed by others. Although his office had become a sinecure, he wished to retain it, because of the dignity which the title gave him, as well as the income of it. The archbishop of Mainz had been a determined opponent of the Hapsburg party in 1292, and again in 1298, when Adolf was deposed, he was not at first fa

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155. Declaration of the Election of Henry VII, 1308.

155. Declaration of the Election of Henry VII, 1308.

M. G. LL. folio, II, p. 491; Altmann und Bernheim, no. 19. This document shows the last step in the election of a German king. After all the electors had discussed the candidates and expressed their choice, the count palatine of the Rhine may be said to have cast the vote of the whole body of electors for the candidate upon whom they had agreed. In the name of the Father, Son, and Holy Spirit, amen. The kingdom and the empire of the Romans having become vacant by the death of Albert, king of the

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156. The Supplying of the Office of the Archchancellor of Italy, 1310.

156. The Supplying of the Office of the Archchancellor of Italy, 1310.

Lacomblet, Urkundenbuch für die Geschichte des Niederrheins, III, p. 70; Altmann und Bernheim, no. 20. The archbishop of Cologne as archchancellor of Italy wished to enjoy the honors and revenues of his office, but the work connected with it was done by some one else. For some reason he did not wish to go into Italy with the king. So Henry VII confirmed him in his rights, and excused him from accompanying him. Henry, by the grace of God king of the Romans, Augustus, to all present and future sub

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157. The Law "Licet Juris" of the Diet of Frankfort, August 8, 1338.

157. The Law "Licet Juris" of the Diet of Frankfort, August 8, 1338.

Altmann und Bernheim, no. 27. John XXII had declared, in his struggle with Ludwig the Bavarian, that he had the right to confer the imperial crown, and to administer the empire during a vacancy. His broad claims offended the German people and led to a spirited but brief exhibition of national sentiment. The electors met at Rense, 1338, and emphatically declared that the imperial crown was not in any way dependent on the will of the pope, but that he whom they elected king of Germany was thereby

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158. Chronicle of Flanders. (French.)

158. Chronicle of Flanders. (French.)

Böhmer, Fontes rerum Germanicarum, I. pp. 190 f. The name of the empire was still something to conjure with, although it was little more than a name. Not only had the emperors long since ceased to exercise any authority over the nations of Europe, but they had also become mere figure-heads in Germany and Italy. Ludwig of Bavaria was not only cowardly and ineffectual, but he was also without the means necessary to secure a vigorous forcible government in Germany. Even the thought of his disposing

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159. Chronicle of Henry Knyghton.

159. Chronicle of Henry Knyghton.

Böhmer, Fontes rerum Germanicarum, I, pp. 191 f. See introductory note to no. 158 . When the emperor learned of the approach of king Edward, he set out from his place to meet him, and after travelling four days he met him near Coblenz, receiving him there with great honor. Two richly decorated thrones were set up in the market-place, and on these the emperor and the king sat. There were present in attendance four dukes, three archbishops, six bishops, and thirty-seven counts, besides a great num

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160. The Golden Bull of Charles IV, 1356.

160. The Golden Bull of Charles IV, 1356.

Altmann und Bernheim, no. 29. Various things had led the emperors to follow the policy of conferring crown rights upon their princes. In order to carry out their Italian policy the Hohenstaufen had sacrificed the power of the crown in Germany (see nos. 110–112 , 136 , 138 , 139 ), and after the interregnum the electors pillaged the crown at every opportunity (see nos. 149, 153). The result was that the crown was stripped of authority, while the princes had developed almost complete sovereignty i

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160 a. The Cities of the Mark Make Complaints to Sigismund, 1411. (German.)

160 a. The Cities of the Mark Make Complaints to Sigismund, 1411. (German.)

Magdeburger Schöppenchronik, edited by Janicke, in Chroniken der deutschen Städte, VII, pp. 331 f. The importance of the acquisition of the mark of Brandenburg by a member of the Hohenzollern family could not at that time have been foreseen. The mark, being a great sandy marsh, did not seem a valuable possession, and the nobles, especially the great von Quitzow family, were devastating it with their feuds. The cities, here as everywhere else in Germany, were for order and peace. It seems to have

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160 b. Sigismund Orders the People of the Mark to Receive Frederick of Hohenzollern as their Governor, 1412. (German.)

160 b. Sigismund Orders the People of the Mark to Receive Frederick of Hohenzollern as their Governor, 1412. (German.)

Riedel, Codex Diplomaticus Brandenburgensis, III, p. 178. We, Sigismund, etc. Dear and faithful subjects: We hereby inform you again that we have made the noble Frederick, burggrave of Nürnberg, our dear uncle, counsellor, and prince, the head and governor of the whole mark of Brandenburg. We have given him letters to that effect. And when your representatives came to Ofen and did homage to us on behalf of the nobles and cities of the mark we orally commanded them to receive the said Frederick.

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161. Bull of Nicholas III Condemning all Heretics, 1280.

161. Bull of Nicholas III Condemning all Heretics, 1280.

Bullarium Romanum, III, ii, pp. 26 f. In spite of the vigorous efforts of the popes to destroy heresy (see nos. 116–118) and all that the inquisitors could do, heresies increased. This bull of Nicholas III shows that more vigorous measures were being used. Nicholas, etc. We hereby excommunicate and anathematize all heretics, the Cathari, Patareni, the Poor Men of Lyon, Passageni, Josepheni, the Arnoldists, Speronists, and all others by whatever name they may be called. (1) When condemned by the

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162. The Bull "Clericis Laicos" of Boniface VIII, 1298.

162. The Bull "Clericis Laicos" of Boniface VIII, 1298.

Tosti, Histoire de Boniface VIII, I, pp. 395 ff. In theory all ecclesiastical persons and possessions were immune from secular taxation, but the pope frequently permitted temporal rulers to levy a tax on them for the aid of the state in times of public necessity. At the command of the pope such taxes had been assessed (1) to carry on the crusades (the Saladin tithe), (2) to make war on Frederick II, (3) to put down the heresy of the Albigenses, (4) to resist Peter of Aragon when he attacked Sici

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164. The Bull "Unam Sanctam" of Boniface VIII, 1302.

164. The Bull "Unam Sanctam" of Boniface VIII, 1302.

Raynaldus, anno 1302, sec. 13; Revue des Questions Historiques, vol. 46, pp. 255 f. Boniface VIII had become involved in a bitter struggle with Philip IV of France over the question of sovereignty. Boniface went so far as to summon the French clergy to a council at Rome for the purpose of dictating a settlement of all the disorders in France. In reply to this, Philip IV assembled his states-general and assured himself of the almost unanimous support of his people against the pope, and sent him a

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165. Conclusions Drawn by Marsilius of Padua from his "Defensor Pacis."

165. Conclusions Drawn by Marsilius of Padua from his "Defensor Pacis."

Marsilius of Padua, Defensor Pacis, Part III, ch. ii; Goldast, Monarchia Sancti Romani Imperii, II, pp. 309 ff. The Defensor Pacis is a treatise on politics written by Marsilius, or Marsiglio, a canon of the church of Padua, in 1324. His authority is the Politics of Aristotle, which Marsilius knew from a Latin summary current in the Middle Age. From this as a basis he constructs a political theory and tests the existing institutions by it. The work is divided into three parts; the first two form

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166. Condemnation of Marsilius of Padua. 1327.

166. Condemnation of Marsilius of Padua. 1327.

Densinger, p. 141. The following sentences taken from Marsilius of Padua and John of Jandun were condemned by John XXII, 1327. See introductory note to no. 165 . (1) When Christ ordered the coin which was taken from the fish’s mouth to be paid to the tax collector, he paid tribute to Cæsar; and he did this not out of condescension or kindness, but because he had to pay it. From this it is clear that all temporal powers and possessions of the church are subject to the emperor, and he may take the

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167. The Beginning of the Schism. The Manifesto of the Revolting Cardinals. Aug. 5, 1378.

167. The Beginning of the Schism. The Manifesto of the Revolting Cardinals. Aug. 5, 1378.

Baluzius, Vitæ Paparum Avenioneosium, I, pp. 468 ff. At the death of Gregory XI in 1378, the cardinals elected Bartholomew, archbishop of Bari, who took the title Urban VI. He soon announced that he would not remove his court to Avignon, as many of the cardinals wished him to do, but would remain in Rome. For various reasons the cardinals of the French party became more and more displeased with Urban and soon rebelled against him and deposed him. After publishing a manifesto, in which they defen

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168. The University of Paris and the Schism, 1393.

168. The University of Paris and the Schism, 1393.

D’Achery, Spicilegium, I, pp. 777 f. In 1393 the king of France asked the University of Paris to devise a way of ending the schism. In response to this request, each member of the faculty was asked to propose in writing the way which seemed best to him, and to advance all the possible arguments in its favor. A commission of fifty-four professors, masters, and doctors was then appointed to examine all the proposed ways and means. After mature deliberation this commission proposed three possible w

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169. The Council of Pisa Declares it is Competent to Try the Popes. 1409.

169. The Council of Pisa Declares it is Competent to Try the Popes. 1409.

Raynaldus, anno 1409, sec. 71. There was no recognized legal machinery in the church by which the schism could be ended, and there was no emperor, as in the days of Innocent II, who was willing to end it by force. It was decided to leave the matter to a general council, but there was some doubt as to (1) whether a council could be legally called by anyone except a pope, and (2) whether the council was legally empowered to cite the two papal claimants before it and decide the case between them. F

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170. An Oath of the Cardinals to Reform the Church. Council of Pisa, 1409.

170. An Oath of the Cardinals to Reform the Church. Council of Pisa, 1409.

In the great councils of Pisa and Constance there were two parties, the one in favor of reforming the church at once and ending the schism afterwards (that is, by electing another pope), and the other in favor of first electing the pope and then carrying out the reform under his direction. The latter party was victorious, but before proceeding to the election, each cardinal was compelled to take an oath that, if elected, he would not dissolve the council until a thorough reform of the church was

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171. The Council of Constance Claims Supreme Authority, 1415.

171. The Council of Constance Claims Supreme Authority, 1415.

V. d. Hardt, II, p. 98. See introductory note to nos. 168 , 169 . This holy synod of Constance, being a general council, and legally assembled in the Holy Spirit for the praise of God and for ending the present schism, and for the union and reformation of the church of God in its head and in its members, in order more easily, more securely, more completely, and more fully to bring about the union and reformation of the church of God, ordains, declares, and decrees as follows: And first it declar

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172. Reforms Demanded by the Council of Constance, 1417.

172. Reforms Demanded by the Council of Constance, 1417.

V. d. Hardt, IV, p. 1452. The reforming party in the council of Constance had been defeated in its attempt to fix the order of business which the council should follow. As in the council at Pisa, it had been determined that the pope should be elected first and then the reform be worked out. The leaders of the reform party were fearful that no reform would be accomplished, and so as a kind of compromise and as a last desperate effort they succeeded in having the council enact that reforms should

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173. Concerning General Councils. The Council of Constance, 39th Session, October 9, 1417.

173. Concerning General Councils. The Council of Constance, 39th Session, October 9, 1417.

V. d. Hardt, IV, p. 1435. The conciliar idea was that a general council, since it represented the whole church, was the highest authority in the church, to which even the pope must submit. The promoters of this idea planned to have a general council meet at regular intervals. A good way to till the field of the Lord is to hold general councils frequently, because by them the briers, thorns, and thistles of heresies, errors, and schisms are rooted out, abuses reformed, and the way of the Lord mad

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174. Pius II, by the Bull "Execrabilis," Condemns Appeals to a General Council, 1459.

174. Pius II, by the Bull "Execrabilis," Condemns Appeals to a General Council, 1459.

Densinger, p. 172. In the great struggle with the councils the pope had come out victorious. He had successfully resisted all attempts to make any important changes in the administration of the church, or to introduce the reforms which were so loudly called for. Although the council at Basel had brought the conciliar idea into disrepute, there were many who still called for a general council as the only means of securing the reforms which were demanded. Pius II condemned and prohibited all such

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175. William III of Saxony Forbids Appeals to Foreign Courts, 1446.

175. William III of Saxony Forbids Appeals to Foreign Courts, 1446.

Schilter, De libertate ecclesiarum Germaniæ, pp. 808 ff. At this time secular rulers were everywhere growing in power, and centralizing the authority in their own hands, which led them to try to diminish the power of the clergy. This document shows the legal confusion which then existed, caused in part by the usurpations which the ecclesiastical courts practiced. Following the examples of the kings of England and France, William III, duke of Saxony, limited ecclesiastical courts to their proper

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176. Papal Charter for the Establishment of the University of Avignon, 1303.

176. Papal Charter for the Establishment of the University of Avignon, 1303.

Bullarium Romanum, III, ii, pp. 101 f. It was regarded as the exclusive right of the pope to establish a university, or studium generale , as it was called. We give the document by which he established the University of Avignon as a sample of these numerous papal establishments. It contains a clear and interesting account of the examinations and the conferring of the Master’s degree. The city of Avignon for many reasons is eminently suited and fitted to become the seat of a university. Believing

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177. Popular Dissatisfaction that the Church had so much Wealth, ca. 1480.

177. Popular Dissatisfaction that the Church had so much Wealth, ca. 1480.

Goldast’s Reichssatzung, p. 280. We give a brief passage from an unknown author to illustrate the growing dissatisfaction of the common people that the church had so much wealth. It betrays a dangerous temper of mind. In the light of this the suppression of monasteries and the seizure of ecclesiastical property which was carried out on so large a scale in the sixteenth century does not seem strange. It is as clear as day that by means of smooth and crafty words the clergy have deprived us of our

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178. Complaints of the Germans against the Pope, 1510.

178. Complaints of the Germans against the Pope, 1510.

Gebhardt, Gravamina gegen den Römischen Hof, pp. 83 f. This is a brief list of the complaints made by the Germans in 1510 and presented to Julius II. Most of them, it will be observed, are concerned with the financial burdens with which the Germans felt that they were overwhelmed. (1) That popes do not feel bound to observe the bulls, agreements, privileges, and letters which have been issued by their predecessors, but often dispense with, suspend, and revoke them at the request of people even o

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179. Abuses in the Sale of Indulgences, 1512.

179. Abuses in the Sale of Indulgences, 1512.

Fr. Myconius, Geschichte der Reformation. Several references have been made to the need of a reform in the matter of indulgences. Cardinal Raymond, papal legate in 1503, complained that the agents who sold indulgences were actuated only by the basest motives of gain and were thoroughly dishonest. Myconius (his German name was Mecum) was a Franciscan monk who became a Protestant. We have thought it best to give first a statement of the doctrine of indulgences in order that the abuses in their sal

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180. Form for the Creation of an Antrustio by the King.

180. Form for the Creation of an Antrustio by the King.

Marculf’s Formulæ, I, no. 18; M. G. LL. 4to, V, p. 55. Most of the following documents are taken from books of formulæ; that is, collections of forms of documents made by various persons to serve as examples for the drawing up of charters, etc. They were probably made from actual documents by leaving out the names and inserting ille (such an one) or similar expressions. The formulæ of Marculf were written at the end of the seventh century. We quote them from the edition in the Monumenta Germaniæ

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181. Form for the Suspending of Lawsuits.

181. Form for the Suspending of Lawsuits.

Marculf, I, no. 23; p. 57. One great advantage that the dependent possessed was the support and influence of his lord in judicial trials and other matters of the sort. Know that we have ordered the apostolic man (name) [a bishop] or the illustrious man (name) [a secular official or lord] to go to a certain place, and we now command that as long as he is away all his lawsuits, and those of his clients and dependents and people that live within his jurisdiction, are to be suspended. Therefore we d

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182. Form for Commendation. Middle of Eighth Century.

182. Form for Commendation. Middle of Eighth Century.

Formulæ Turonenses, no. 43; p. 158. Notice the reason given by the person who commends himself, the effects of commendation on both parties, and the binding nature of the agreement. The reason alleged (extreme poverty) is probably a mere form of speech, and was not present in each actual instance of commendation. To my great lord, (name), I, (name). Since, as was well known, I had not wherewith to feed and clothe myself, I came to you and told you my wish, to commend myself to you and to put mys

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183. Form by which the King Allows a Powerful Person to Undertake the Cases of a Poor Person.

183. Form by which the King Allows a Powerful Person to Undertake the Cases of a Poor Person.

Marculf, i, no. 21; pp. 56 f. Our faithful subject, (name), with the will of God has come to us and told us that he is not able on account of his weakness to defend or to prosecute his cases before the court. Therefore he has besought us to allow the illustrious man (name) to take up his cases for him, both in the local court and in the royal court, whether he prosecutes or is prosecuted, and he has commended his affairs to him in our presence by the staff. Therefore we command, in accordance wi

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184. Form for the Gift of Land to a Church to be Received back by the Giver as a Benefice.

184. Form for the Gift of Land to a Church to be Received back by the Giver as a Benefice.

Marculf, II, no. 3; pp. 74 ff. ... I, (name), and my wife, (name), in the name of the Lord, give by this letter of gift, and transfer from our ownership to the ownership and authority of the monastery of (name), over which the venerable abbot (name) presides, and which was founded in the honor of (name) by (name) in the county of (name), the following villas {83} (name), situated in the county of (name), with all the lands, houses, buildings, tenants, slaves, vineyards, woods, fields, pastures,

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185. Form for a Precarial Letter.

185. Form for a Precarial Letter.

Marculf, II, no. 5; pp. 77 f. To our lord and father in Christ, the holy and apostolic bishop (name), I (name), and my wife (name). It is well known that we have given in the name of the Lord our villa of (name), situated in the county of (name), in its entirety and with all that we possessed there, by a letter of gift to the church of (name), founded in the honor of (name), and that you have received it on behalf of the said church. And in response to our petition you have granted that as long

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186. Form of Precarial Letter.

186. Form of Precarial Letter.

Marculf, II, no. 39; pp. 98 f. To our lord and father in Christ, the holy and apostolic bishop (name), I (name), and my wife (name). Since you have permitted us, as long as we or either of us shall live, to hold the land (name) belonging to your church (name), which (name) gave to the said church for the salvation of his soul, therefore for this permission and for the salvation of our souls we have given this other place (name), to belong to the said church and to you and your successors after w

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187. Form of Precarial Letter.

187. Form of Precarial Letter.

Formulæ Bituricenses, no. 2; p. 169. To the lords (names), we (name), and (name). It is well known that our father lived on your lands and made a precarial letter to you for them, which we now renew and sign, humbly beseeching you to allow us to remain on the same lands. {85} In order that our possession of the lands may not prejudice the rights of you and your successors in them, we have deposited with you this precarial letter, agreeing that if we ever forget its terms, or ever refuse to obey

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188. Gift of Land to be Received back and Held in Perpetuity for a Fixed Rent.

188. Gift of Land to be Received back and Held in Perpetuity for a Fixed Rent.

Formulæ Augienses, B, no. 8; pp. 352 f. The first part of the form, including the original gift of the land, is omitted in the original, but may be supplied from a preceding number. I do this on the condition that as long as I live I may hold the said lands for the said rent, and that my children and their posterity may do the same forever....

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189. Treaty of Andelot, 587.

189. Treaty of Andelot, 587.

M. G. LL. 4to, II, I, no. 6; Gregory of Tours, IX, ch. 20. This is a treaty between two of the Merovingian kings, Gunthram of Burgundy and Childebert II of Austrasia. It forms an incident in the civil war begun between Sigebert and Chilperic; see no. 5 , Gregory of Tours, IV, ch. 28, and note. It illustrates the practice of the kings of giving land to their followers and officials. This was very important in the creation of a landed aristocracy. See the remarks above in regard to the nature of t

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190. Precept of Chlothar II, 584–628.

190. Precept of Chlothar II, 584–628.

M. G. LL. 4to, II, 1, no. 8. Notice the references to immunity, to grants of land to "churches and powerful persons" (lords and officials), and the implied right of such landlords to appoint judges for trial of cases among their tenants (private jurisdiction). 11. We grant to the churches the taxes from the fields and pastures and the tithes of swine, so that no collector or titheman shall enter the lands of a church to gather such dues for the royal treasury. Public officials shall not demand a

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191. Grant of Immunity to a Monastery, 673.

191. Grant of Immunity to a Monastery, 673.

M. G. DD. folio, I, pp. 30 f; Altmann und Bernheim, no. 112. Childeric, king of the Franks, illustrious man.... We have commanded it to be made known to all that the venerable and pious abbot Berchar came to us and asked us to grant him a certain place in the forest of Vervo in Gascony, in which he might build a monastery, and to give him material and resources by which he might construct a monastery there and establish a congregation of monks. Now the request of this great man pleased us and we

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192. Form of a Grant of Immunity to a Monastery.

192. Form of a Grant of Immunity to a Monastery.

Marculf, I, no. 3; pp. 43 f. We believe that our reign will best be rendered memorable, if we bestow suitable benefits on churches (or whatever you wish to insert here), with pious purpose, and if we secure these benefits under the protection of God by putting them in writing. Therefore, be it known to you that we have granted the request of that apostolic man, the bishop of (name), for the salvation of our souls; namely, that no public official may enter the lands which his church holds now, by

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193. Form by which the King Granted Lands with Immunity to Secular Persons.

193. Form by which the King Granted Lands with Immunity to Secular Persons.

Marculf, I, no. 14; pp. 52 f; Altmann und Bernheim, no. 113. Those who from their early youth have served us or our parents faithfully are justly rewarded by the gifts of our munificence. Know therefore that we have granted to that illustrious man (name), with greatest good will, the villa called (name), situated in the county of (name), with all its possessions and extent, in full as it was formerly held by him or by our treasury. Therefore by the present charter which we command to be observed

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194. Grant of Immunity to a Secular Person, 815.

194. Grant of Immunity to a Secular Person, 815.

Altmann und Bernheim, no. 114. In the name of our Lord and Savior Jesus Christ. Ludwig, by divine providence emperor, Augustus. Be it known to all our subjects, present and future, that our faithful subject, John, has come to us and commended himself to us, and has besought us to confirm to him the possession of lands [described] which he and his sons and their men have cleared and occupied. He has shown us the charter which he received from our father Karl the Great. We have consented to do thi

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195. Edict of Chlothar II, 614.

195. Edict of Chlothar II, 614.

M. G. LL. 4to, II, 1, no. 9. 12. No one from another province or region shall be made judge [count] in any county; so that if a count has done injury to anyone he may be forced to make good the injury from his own possessions. The count, like the grafio of the Salic law, was originally a servant of the king sent into the county to look after the king’s interests there. It appears from this document that the counts were now appointed from among the land-owners of the county....

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196. Capitulary of Kiersy, 877.

196. Capitulary of Kiersy, 877.

M. G. LL. 4to, II, 2, no. 282. The capitulary of Kiersy was published by Charles the Bald, just before he left France for Italy, and was intended to regulate the affairs of the kingdom, which was entrusted to his son during his absence. It shows how completely the practice of inheritance of land and office had developed during the Carolingian period. The office, position, and lands of counts, vassals of the king, and vassals of ecclesiastical and secular lords were regarded as hereditary by this

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197. Capitulary of Lestinnes, 743.

197. Capitulary of Lestinnes, 743.

M. G. LL. 4to, II, 1, no. 11. This is a capitulary of Carlmann, the brother of Pippin. It is the earliest case which has come down to us of appropriation of church lands for the purpose referred to. 2. Because of the threats of war and the attacks of certain tribes on our borders, we have determined, with the consent of God and by the advice of our clergy and people, to appropriate for a time part of the ecclesiastical property for the support of our army. The lands are to be held as precaria fo

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198. Capitulary of Aquitaine, Pippin, 768.

198. Capitulary of Aquitaine, Pippin, 768.

M. G. LL. 4to, II, 1, no. 18. 5. Whoever holds a benefice from us shall be careful and diligent in its management; otherwise he shall lose the benefice, but retain his own property. 11. All secular persons who hold church lands shall hold them as precaria . Paragraph 5 refers to lands held from the king. Notice the distinction made between such land and land held in full ownership. Paragraph 11 repeats the provision made in the preceding number, that lands held from the church as benefices are t

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199. Capitulary of Heristal, 779.

199. Capitulary of Heristal, 779.

M. G. LL. 4to, II, 1, no. 20. 14. (Lombard form.) Laymen who hold lands from churches as benefices by the command of the king, are to continue to hold them unless the king orders them restored to the churches....

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200. General Capitulary to the Missi, 802.

200. General Capitulary to the Missi, 802.

M. G. LL. 4to, II, 1, no. 33. Part of this capitulary is also translated as no. 9. This and the following document illustrate the holding of royal benefices, and the difficulty in making the holders perform their duties. It was part of the duty of the missi to look after the royal benefices. 6. No man shall lay waste a benefice in order to improve his own property....

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201. Capitulary to the Missi, 806.

201. Capitulary to the Missi, 806.

M. G. LL. 4to II, 1, no. 46. 6. We have heard that counts and other men who hold benefices from us have improved their own property at the expense of the benefices, and have made the serfs on the benefices labor on their own land, so that our benefices are waste and those dwelling on them in many places suffer great evils. 7. We have heard that some sell the benefices which they hold from us to other men in full ownership, and then, having received the price in the public court, they buy back th

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202. Capitulary Concerning Various Matters, 807.

202. Capitulary Concerning Various Matters, 807.

M. G. LL. 4to, II, 1, no. 49. 3. Concerning the Frisians, we command that our counts and vassals who hold benefices, and all horsemen in general, shall come to our assembly prepared for war. 203–208. Effect of the Carolingian Organization on the Growth of Feudalism. Karl the Great succeeded in reducing the great dukes to subjection (see no. 7 , Einhard, ch. 5 and 11, and notes), and enforcing obedience to law in general throughout his empire, but he did not interfere with the immunity rights of

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203. General Capitulary to the Missi, 805.

203. General Capitulary to the Missi, 805.

M. G. LL. 4to, II, 1, no. 44. 16. Concerning the oppression of poor freemen: that they are not to be unjustly oppressed by more powerful persons on any pretext, and forced to sell or give up their property....

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204. Capitulary of 811.

204. Capitulary of 811.

M. G. LL. 4to, II, 1, no. 73. This and the preceding document illustrate the attempts of the great lords to round out their domains and increase the number of their dependent tenants by forcing poor free land-owners to give up their lands and become tenants. 2. Poor men complain that they are despoiled of their property, and they make this complaint equally against bishops and abbots and their agents, and against counts and their subordinates....

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205. Capitulary of Worms, 829.

205. Capitulary of Worms, 829.

M. G. LL. 4to, II, 2, no. 193. 6. Freemen who have no lands of their own, but live on the land of a lord, are not to be received as witnesses, because they hold land of another; but they are to be accepted as compurgators, because they are free. Those who have land of their own, and yet live on the land of a lord, are not to be rejected as witnesses because they live on the land of a lord, but their testimony shall be accepted, because they have land of their own. Notice the effect that dependen

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206. Capitulary of Aachen, 801–813.

206. Capitulary of Aachen, 801–813.

M. G. LL. 4to, II, 1, no. 77. 16. No one shall leave his senior, after he has received from him the value of a solidus, unless his senior attempts to kill him, to beat him with a club, to violate his wife or his daughter, or to take his hereditary possession from him....

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207. Agreement of Lothar, Ludwig, and Charles, 847.

207. Agreement of Lothar, Ludwig, and Charles, 847.

M. G. LL. 4to, II, 2, no. 204. 2. We decree that every freeman shall accept whatever senior he wishes in our kingdom, from among us and our faithful subjects. 3. We command that no man shall leave his senior without good cause, and that no lord shall receive a man who has left his senior, unless it be in accordance with the customs of our predecessors. 4. Every subject of each one of us shall go to war or other necessary expedition with his senior, unless the kingdom is invaded and all the subje

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208. Capitulary of Bologna, 811.

208. Capitulary of Bologna, 811.

M. G. LL. 4to, II, 1, no. 74. 5. If any man who holds a benefice of the king shall release his subject from going to war with him or shall refuse to allow him to go and fight with him, he shall lose his benefice. 7. Concerning the vassals of the emperor who serve him in the palace, and have benefices. It is decreed that those who remain at home with the emperor shall not keep their tenants with them, but shall let them go to war with the count of the county. The name senior is used in Carolingia

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209. Homage.

209. Homage.

Boutillier, Somme rurale, I, 18. These documents illustrate the form of feudal practices after the system had become fairly well fixed. Most of the passages are from Coutumiers , codes or digests of feudal law and practice, of which there were a great many in the Middle Age. Some of the famous ones are: in England, those of Bracton and Littleton; in France, the Établissements de St. Louis , Coutumes de Beauvaisis , by Beaumanoir, and several provincial customs, as the Coutumes of Normandy, of An

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210. Homage.

210. Homage.

Coutume de la Marche, art. 189. The manner of doing homage to another is as follows: The man who wishes to enter the homage and fealty of a lord should humbly request the lord to receive him into his faith; his head should be uncovered, and the lord may be seated if he wishes; the vassal should take off his belt and sword, and should kneel and say the words of homage, etc....

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211. Homage.

211. Homage.

Ancienne coutume de Normandie, art. 107. The form of homage is as follows: The vassal who holds by noble tenure reaches out his hands and places them between the hands of his lord and says, etc....

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212. Homage.

212. Homage.

Bracton, De legibus et consuetudinibus Angliæ, II, 35. The tenant [vassal] should place his clasped hands between the hands of the lord; by this is signified, on the part of the lord, protection, defense, and guarantee; on the part of the vassal, reverence and subjection....

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213. Homage.

213. Homage.

Tabularium Campaniæ, cited by Du Cange, Glossarium, Ligius . I, John of Toul, make known that I am the liege man of the lady Beatrice, countess of Troyes, and of her son, Theobald, count of Champagne, against every creature, living or dead, saving my allegiance to lord Enjorand of Coucy, lord John of Arcis, and the count of Grandpré. If it should happen that the count of Grandpré should be at war with the countess and count of Champagne on his own quarrel, I will aid the count of Grandpré in my

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214. Homage of Edward III of England to Philip V of France, 1329.

214. Homage of Edward III of England to Philip V of France, 1329.

Froissart, Chronicle, I, ch. 24. (Lettenhove’s edition, II, pp. 227 ff.) The king of England was received by the king of France with great honor, and he and his company remained there at Amiens fifteen days, during which many conferences were held and many ordinances drawn up. It seems to me that on that occasion king Edward did homage in words, but did not place his hands in the hands of the king of France, nor did any of his princes, prelates or representatives do so for him. By the advice of

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215. Feudal Aids.

215. Feudal Aids.

Ancienne coutume de Normandie, I, 3, ch. 25. The chief aids of Normandy are so called because they are rendered to chief lords [ i.e. , to lords who receive liege homage]. It is the custom in Normandy to pay three aids ... first, for the knighting of the lord’s oldest son; second, for the marriage of the lord’s oldest daughter; third, for the ransom of the lord....

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216. Feudal Aids.

216. Feudal Aids.

MS. of the Chamber of Accounts, Paris; cited from Du Cange, Glossarium, Hominium . In the chatelainerie [territory dependent on a castle] of Poitou and that region, according to the custom of the land, those who hold fiefs pay five aids to the lord: for the knighting of the lord’s son, for the marriage of the lord’s oldest daughter, for the rachat {88} of the lord’s fief, for the crusade, and for the ransom of the lord from the hands of the Saracens. {88} Rachat, see no. 228 , Troyes, note 2....

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217. Feudal Aids, etc.

217. Feudal Aids, etc.

From Magna Charta, 1215. In the first part of Magna Charta, John promises to give up the abuses of feudal law which he had practiced. Thus he had exacted exorbitant payments from heirs for inheritance of fiefs (reliefs); he had forced widows and female heirs under his wardship to marry his favorites and supporters, or had exacted heavy fines if they refused; he had levied unjust aids and services, and a heavy scutage, or payment for exemption from military service. 2. If one of our knights or ba

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218. Homage to the Duke of Burgundy, 1143.

218. Homage to the Duke of Burgundy, 1143.

Documents inédits. Champagne, I, p. 466. The count of Champagne held his lands from several overlords; the ones mentioned in the following documents are: the king of France, the duke of Burgundy, the bishops of Langres and Châlons, and the abbot of St. Denis; he also held parts of his lands from the emperor, the archbishops of Sens and Rheims, and the bishops of Auxerre and Autun. This plurality of superiors is characteristic of most of the great domains. The great fiefs came under the control o

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219. Homage to Philip II of France, 1198.

219. Homage to Philip II of France, 1198.

Documents inédits, Champagne, I, pp. 467 f. Philip, by the grace of God king of France. Be it known to all men, present and future, that we have received our beloved nephew, Theobald, count of Troyes, as our liege man, against every creature, living or dead, for all the lands which his father, count Henry, our uncle, held from our father, and which count Henry, the brother of Theobald, held from us. Count Theobald has sworn to us on the most holy body of the Lord and on the holy gospel that he w

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220. Homage to the Duke of Burgundy, 1200.

220. Homage to the Duke of Burgundy, 1200.

Documents inédits, Champagne, I, p. 468. We, Odo, duke of Burgundy, make known to all men, present and future, that we have received our relative and faithful subject, Theobald, count of Troyes, as our man for the land which his father, count Henry, held of our father, Hugo, duke of Burgundy, just as his father, count Henry, was the man of our father. We have promised count Theobald that we and our heirs will guarantee that land to him and his heirs against every creature, living or dead, and wi

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221. Letter of Blanche.

221. Letter of Blanche.

Documents inédits, Champagne, I, p. 469. Notice the rights of wardship and marriage exercised by the lord in this case. The counts of Champagne claimed to be hereditary counts palatine of France (see nos. 223 and 225 ); notice, however, that the king of France does not use the title in speaking of the countess. I, Blanche, countess palatine of Troyes. Be it known to all, present and future, that I have voluntarily sworn to my lord, Philip, king of France, to keep the agreements contained in this

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222. Letter of the King.

222. Letter of the King.

Documents inédits. Champagne, I, p. 470. In the name of the holy and undivided Trinity, amen. Philip, by the grace of God king of France. Be it known to all, present and future, that we have received Blanche, countess of Troyes, as our liege woman, for the fief which our beloved nephew and faithful subject, Theobald, former count of Troyes, held from us.... We have sworn to her that we will keep the agreements written in this charter in good faith, as to our liege woman; namely, that we will pro

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223. Homage to the Bishop of Langres, 1214.

223. Homage to the Bishop of Langres, 1214.

Documents inédits. Champagne, I, p. 472. I, Blanche, countess palatine of Troyes, make known to all who see these presents that while my beloved lord, William, bishop of Langres, was at Troyes on certain business, I besought him, if he was willing, to receive there the homage of my beloved son, count Theobald. He replied that the homage ought to be made only at Langres, but that, as a favor to me and out of love to my son, he would receive it at Troyes, in order that I might be spared the journe

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224. Homage to the Bishop of Châlons, 1214.

224. Homage to the Bishop of Châlons, 1214.

Documents inédits, Champagne, I, p. 474. Gerard, by the grace of God bishop of Châlons, to all who see these presents, greeting and sincere love in the Lord. Know that when our beloved son and faithful subject, Theobald, count of Champagne, came to us at Cherville, we were ill, and so he did homage at St. Memmie. Now in order that this may not work prejudice to future counts of Champagne, we acknowledge and bear witness that homage ought to be done at Cherville or elsewhere in the march [ i.e. ,

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225. Homage to the Abbot of St. Denis, 1226.

225. Homage to the Abbot of St. Denis, 1226.

Documents inédits, Champagne, I, p. 476. Peter, by the grace of God abbot of St. Denis, to all who see these presents, greeting in the Lord. Know that the noble man, Theobald, count palatine of Champagne and Blois, did homage to us for the castle of Nogent-sur-Seine and its dependencies, in the same manner as Milo of Châlons, former lord of that castle, who held it as a fief from the church of St. Denis. With the advice and consent of our chapter we have granted that the said count shall be boun

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226. List of the Fiefs of Champagne, about 1172.

226. List of the Fiefs of Champagne, about 1172.

Documents inédits. Champagne, I, pp. 22 ff. These documents illustrate the relation of his vassals to the count of Champagne. They are taken from a register of the fiefs and vassals of the count of Champagne, drawn up about 1172. There are many instances of such registers or inventories in the feudal age; the relations of lord and vassals were apt to become confused and subject to dispute. The particular purpose of the register in this case was to determine the number of knights owing military s

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227. Sum of the Knights [who owe Service to the Count of Champagne].

227. Sum of the Knights [who owe Service to the Count of Champagne].

Documents inédits, Champagne, I, pp. 73 f. This table occurs at the end of the register of the fiefs of the count of Champagne of which the preceding number is a part. It is the sum of the knights who owe regular military service to the count, and is also therefore the number of knights whom the count should bring in answer to royal summons to war....

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228. Extent of the Lands of the County of Champagne and Brie, about 1215.

228. Extent of the Lands of the County of Champagne and Brie, about 1215.

Documents inédits, Champagne, II, pp. 9 ff. This is an inventory of the domain lands of the count of Champagne, made to determine the revenues, possessions, and rights of the count, and the obligations and dues of the tenants and serfs. They were determined by the examination of certain trustworthy inhabitants of each domain or village. The result was arranged according to bailiwicks (large administrative districts), and domains or villages. Thus the cases given here are taken from the four vill

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229. The Feudal Law of Conrad II, 1037.

229. The Feudal Law of Conrad II, 1037.

M. G. LL. 4to, IV, 1, no. 45; Doeberl, III, no. 1. 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 obedi

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230. The Feudal Law of Frederick I for Italy, 1158.

230. The Feudal Law of Frederick I for Italy, 1158.

Ragewin, Gesta, IV, ch. 10; M. G. LL. folio, II, pp. 113 f; Doeberl, IV, no. 37 c. 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 thei

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231. Sachsenspiegel.

231. Sachsenspiegel.

Following the revival in the study of the Roman law and the connection of Germany with Italy under the Staufer, Roman law was being introduced into Germany, where it naturally tended to replace the customary law, which was for the most part unwritten. The desire of the Saxons to preserve their own law and to prevent the uncertainty that would necessarily soon arise in it led them to attempt to codify it. Eike von Repkau, a nobleman, undertook the task of reducing their customs to writing. He cal

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232. Frederic II Appoints a Justiciar and a Court Secretary, 1235. From the Peace of the Land which was Proclaimed at Mainz, 1235.

232. Frederic II Appoints a Justiciar and a Court Secretary, 1235. From the Peace of the Land which was Proclaimed at Mainz, 1235.

Altmann und Bernheim, no. 103. (28).... We wish that all cases over which we cannot preside in person shall be tried by a man of approved character and good reputation, who shall be placed over the courts in our stead. And except in those cases which we reserve for our decision his judgment shall be final. We decree therefore that our court shall have as justiciar a free man, and he shall hold the office at least a year if he judges justly. He shall preside over the court every day except on Sun

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233. Wenzel Creates a Commission to Arbitrate all Differences, 1389. From the Peace of Eger, 1389. (German.)

233. Wenzel Creates a Commission to Arbitrate all Differences, 1389. From the Peace of Eger, 1389. (German.)

Altmann und Bernheim, no. 107. (2) We, king Wenzel, have made an agreement with the electors, princes, counts, lords, and the cities, and all who are parties to this league of peace, in regard to robbery, murder, arson, illegal seizure of persons, and quarrels which may arise between those who are party to this peace, that a commission shall be appointed to judge all cases of infraction of the peace, and the decision of this commission, or of a majority of it, shall be binding on all concerned.

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234. Ordeal by Hot Water.

234. Ordeal by Hot Water.

Pp. 612 ff. (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 th

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235. Ordeal by Hot Iron.

235. Ordeal by Hot Iron.

Pp. 615 f. (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 li

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236. Ordeal by Cold Water.

236. Ordeal by Cold Water.

Pp. 618 f. (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 relics that are kept in this church, that you do not pres

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237. Ordeal by Cold Water.

237. Ordeal by Cold Water.

P. 689. 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

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239. Ordeal by Bread and Cheese.

239. Ordeal by Bread and Cheese.

P. 630 f. (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

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240. Peace of God, Proclaimed in the Synod of Charroux, 989.

240. Peace of God, Proclaimed in the Synod of Charroux, 989.

Huberti, Gottesfrieden und Landfrieden, I, p. 35. Following the example of my predecessors, I, Gunbald, archbishop of Bordeaux, called together the bishops of my diocese in a synod at Charroux, ... and we, assembled there in the name of God, made the following decrees:...

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241. Peace of God, Proclaimed by Guy of Anjou, Bishop of Puy, 990.

241. Peace of God, Proclaimed by Guy of Anjou, Bishop of Puy, 990.

Huberti, Gottesfrieden, I, pp. 123 f. In the name of the divine, supreme, and undivided Trinity. Guy of Anjou, by the grace of God bishop [of Puy], greeting and peace to all who desire the mercy of God. Be it known to all the faithful subjects of God, that because of the wickedness that daily increases among the people, we have called together certain bishops [names], and many other bishops, princes, and nobles. And since we know that only the peace-loving shall see the Lord, we urge all men, in

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242. Truce of God, made for the Archbishopric of Arles, 1035–41.

242. Truce of God, made for the Archbishopric of Arles, 1035–41.

M. G. LL. 4to, IV, 1, no. 419. This is the earliest truce of God extant (except for the doubtful case of the council of Elne, 1027), and it is preserved only in the form of a communication recommending it to the clergy of Italy. In the name of God, the omnipotent Father, Son, and Holy Spirit. Reginbald, archbishop of Arles, with Benedict, bishop of Avignon, Nithard, bishop of Nice, the venerable abbot Odilo [of Cluny], and all the bishops, abbots, and other clergy of Gaul, to all the archbishops

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243. Truce of God for the Archbishoprics of Besancon and Vienne, ca., 1041.

243. Truce of God for the Archbishoprics of Besancon and Vienne, ca., 1041.

M. G. LL. 4to. IV, 1, no. 421. 1. We command all to keep the truce from sunset on Wednesday to sunrise on Monday, and from Christmas to the octave of [ i.e. , week after] Epiphany [Jan. 6], and from Septuagesima Sunday [third Sunday before Lent] to the octave of Easter [the Sunday after Easter]. 2. If anyone violates the truce and refuses to make satisfaction, after he has been admonished three times, the bishop shall excommunicate him and shall notify the neighboring bishops of his action by le

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244. Truce for the Bishopric of Terouanne, 1063.

244. Truce for the Bishopric of Terouanne, 1063.

M. G. LL. 4to. IV, 1, no. 422. Drogo, bishop of Terouanne, and count Baldwin [of Hainault] have established this peace with the cooperation of the clergy and people of the land. Dearest brothers in the Lord, these are the conditions which you must observe during the time of the peace which is commonly called the truce of God, and which begins with sunset on Wednesday and lasts until sunrise on Monday....

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245. Peace of the Land Established by Henry IV, 1103.

245. Peace of the Land Established by Henry IV, 1103.

M. G. LL. folio, II, p. 60; Doeberl, III, no. 18. In the year of the incarnation of our Lord 1103, the emperor Henry established this peace at Mainz, and he and the archbishops and bishops signed it with their own signatures. The son of the king and the nobles of the whole kingdom, dukes, margraves, counts, and many others, swore to observe it. Duke Welf, duke Bertholf, and duke Frederick swore to keep the peace from that day to four years from the next Pentecost. They swore to keep peace with c

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246. Peace of the Land for Elsass, 1085–1103.

246. Peace of the Land for Elsass, 1085–1103.

M. G. LL. 4to, IV, 1, no. 429; Doeberl, III, no. 22 b. Be it known to all lovers of peace that the people of Elsass with their leaders have mutually sworn to maintain perpetual peace on the following terms: {111} The vigil is the day before the saint’s day. {112} Certain days of fast in the four seasons, observed in the first week of March, the second week of June, the third week of September, and the fourth week of December....

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247. Decree of Frederick I Concerning the Keeping of Peace, 1156.

247. Decree of Frederick I Concerning the Keeping of Peace, 1156.

M. G. LL. folio, II, pp. 101 ff.; Doeberl, IV, no. 32. Frederick, by the grace of God emperor of the Romans, Augustus, to the bishops, dukes, counts, margraves, and all others to whom these presents come, his grace, peace, and love.... We desire that every person shall have his rights, and we command by our royal authority that peace, so long desired and so necessary to the whole land, be kept throughout all parts of our realm. The following sections show how the peace is to be kept and preserve

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248. Peace of the Land Declared by Frederick I in Italy, 1158.

248. Peace of the Land Declared by Frederick I in Italy, 1158.

Ragewin, Gesta, IV, ch. 10; M. G. LL. folio, II, pp. 112 f.; Doeberl, IV, no. 37 b. Frederick, by the grace of God emperor of the Romans, Augustus, to all his subjects. We hereby command all our subjects to keep the peace, as it is decreed in this edict. The dukes, margraves, counts, and all vassals and public officials, together with the common people between the ages of 18 and 70, shall take an oath to keep the peace and to aid the officials in enforcing it. These oaths shall be renewed at the

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249. The Perpetual Peace of the Land Proclaimed by Maximilian I, 1495. (German.)

249. The Perpetual Peace of the Land Proclaimed by Maximilian I, 1495. (German.)

Altmann und Bernheim, no. 110. For various reasons the government had found it impossible to secure the peace of the land. One reason was that there was no effective and satisfactory machinery for punishing offenders, administering justice, and settling disputes. Maximilian not only forbade all private warfare, but also created a supreme court to try all offenders and to make it unnecessary for a man to take the law into his own hands. We, Maximilian, etc. (1) From the time of the publication of

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250. The Establishment of a Supreme Court to Try Peace-breakers, 1495. (German.)

250. The Establishment of a Supreme Court to Try Peace-breakers, 1495. (German.)

Datt, Volumen rerum Germanicarum novum, sive de pace imperii publica, p. 876. We, Maximilian, etc., have, for good and sufficient reasons, established a general peace of the land throughout the Roman empire and Germany, and have ordered it to be observed. But it cannot be enforced without the proper support and protection. Therefore at the advice of the electors, princes, and the general diet held here at Worms, for the common good, and for the honor of us and of the supreme court of the holy Ro

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251. The Rule of St. Benedict. About 530.

251. The Rule of St. Benedict. About 530.

{115} In the early church Wednesdays and Fridays were fast-days, because Christ was believed to have been born on a Wednesday and he died on a Friday. Ch. 42. Silence is to be kept after completorium. —The monks should observe the rule of silence at all times, but especially during the hours of the night. This rule shall be observed both on fast-days and on other days, as follows: on other than fast-days, as soon as the brothers rise from the table they shall sit down together, while one of them

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252. Oath of the Benedictines.

252. Oath of the Benedictines.

Jaffé, IV, p. 365. The following documents, nos. 252–264, are examples of the various vows, letters, and other documents mentioned in the rule. As the titles explain their character, no further word of introduction seems necessary. The promise of the monks to obey the rule of St. Benedict. I, (name), in the holy monastery of the blessed martyr and confessor, (name), in the presence of God and his holy angels, and of our abbot, (name), promise in the name of God that I will live all the days of m

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253. Monk’s Vow.

253. Monk’s Vow.

Migne, 66, col. 820. I, brother Gerald, in the presence of abbot Gerald and the other brothers, promise steadfastness in this monastery according to the rule of St. Benedict and the precepts of Sts. Peter and Paul; and I hereby surrender all my possessions to this monastery, built in the honor of St. Peter and governed by the abbot Gerald....

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254. Monk’s Vow.

254. Monk’s Vow.

I, brother (name), a humble monk of the monastery of St. Denis in France, in the diocese of Paris, in the name of God, the Virgin Mary, St. Denis, St. Benedict, and all the saints, and of the abbot of this monastery, do promise to keep the vows of obedience, chastity, and poverty. I also promise, in the presence of witnesses, steadfastness and conversion of life, according to the rules of this monastery and the traditions of the holy fathers....

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255. Monk’s Vow.

255. Monk’s Vow.

I, brother (name), in the presence of the abbot of this Cistercian monastery built in the honor of the ever blessed Virgin Mary, mother of God, and in the name of God and all his saints whose relics are kept here, do hereby promise steadfastness, conversion of life, and obedience, according to the rule of St. Benedict....

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256. Monk’s Vow.

256. Monk’s Vow.

Migne, 66, col. 821. I hereby renounce my parents, my brothers and relatives, my friends, my possessions and my property, and the vain and empty glory and pleasure of this world. I also renounce my own will, for the will of God. I accept all the hardships of the monastic life, and take the vows of purity, chastity, and poverty, in the hope of heaven; and I promise to remain a monk in this monastery all the days of my life....

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257. The Written Profession of a Monk.

257. The Written Profession of a Monk.

Migne, 66. col. 825. It was my earnest desire to become a monk, but when I applied for admission to this monastery, I was told it would not be granted until I had been tried and proved. So I was at first received only as a guest; after remaining in that position for several days, I was accepted as a novice to serve a period of probation. During this period I was under the charge of one of the older monks. He first explained to me all the hardships and difficulties of the life of a monk, and afte

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258. The Ceremony of Receiving a Monk into the Monastery.

258. The Ceremony of Receiving a Monk into the Monastery.

Migne, 66, cols. 829 ff. After the novice has made his oral profession, the abbot puts on the robe in which mass is to be said. Then, after the offertory, the abbot examines the novice as follows: The abbot asks: "Brother (name), do you renounce the world and all its vain and empty shows?" The novice replies: "I do." The abbot: "Do you promise conversion of life?" The novice: "I do." The abbot: "Do you promise perfect obedience to the rule of St. Benedict?" The novice: "I do." The abbot: "And ma

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259. Offering of a Child to the Monastery.

259. Offering of a Child to the Monastery.

Migne, 66, col. 842. I dedicate this boy, in the name of God and his holy saints, to serve our Lord Jesus Christ as a monk, and to remain in this holy life all his days until his final breath....

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260. Offering of a Child to the Monastery.

260. Offering of a Child to the Monastery.

The dedication of children to the service of God is sanctioned by the example of Abraham and of many other holy men, as related in the New and Old Testaments. Therefore, I, (name), now offer in the presence of abbot (name), this my son, (name), to omnipotent God and to the Virgin Mary, mother of God, for the salvation of my soul and of the souls of my parents. I promise for him that he shall follow the monastic life in this monastery of (name), according to the rule of St. Benedict, and that fro

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261. Commendatory Letter.

261. Commendatory Letter.

Migne, 66, col. 859. To the venerable abbot (name), of the monastery of (name), abbot (name), of the monastery of (name), sends greeting and the holy kiss of peace. We present herewith our brother (name), whom we have sent to you with letters of dismissal and recommendation. We commend him to you and beseech you to take him into your monastery, because our monastery has become impoverished through various reverses. (Or this) We dismiss him from his service in this monastery and free him from his

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262. Commendatory Letter.

262. Commendatory Letter.

To the reverend father in Christ; or: To the pious and illustrious (name); or: To the abbot (name), abbot (name) sends greeting in the Lord. Know that our pious brother (name), has earnestly besought us to write a commendatory letter, recommending him to your care so that he may serve the Lord under you in your monastery. We have granted his prayer and given him this letter, by which we free him from his vow of obedience to us and commend him to you, giving you the right to receive him into your

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263. General Letter.

263. General Letter.

To all bishops and other ecclesiastics and to all Christian men: Know ye that I have given permission to this our brother (name), to live according to the rule wherever he shall desire, believing it to be for the advantage of the monastery and the good of his soul....

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264. Letter of Dismissal.

264. Letter of Dismissal.

This our brother (name), has desired to dwell in another monastery where it seems to him he can best serve the Lord and save his own soul. Know ye, therefore, that we have given him permission by this letter of dismissal to betake himself thither....

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265. The Regular Clergy. Prologue of the Rule of St. Chrodegang, Bishop of Metz, for His Clergy, ca. 744.

265. The Regular Clergy. Prologue of the Rule of St. Chrodegang, Bishop of Metz, for His Clergy, ca. 744.

Holstenius Codex Regularum, etc., II, p. 96. We give here only a part of the rule of St. Chrodegang, bishop of Metz, because it makes clear the purpose for which the rule was composed. It was for the clergy and not for the monks. The rule itself consists of a number of paragraphs prescribing in detail the life of the clergy who were to live together with their bishop. This action of St. Chrodegang was not altogether new. St. Augustine, bishop of Hippo in Africa, it is said, had all the clergy of

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265 a. Military-monkish Orders. The Origin of the Templars, 1119.

265 a. Military-monkish Orders. The Origin of the Templars, 1119.

In the same year [1118–19] certain nobles of knightly rank, devout, religious, and God-fearing, devoting themselves to the service of Christ, made their vows to the patriarch [of Jerusalem] and declared that they wished to live forever in chastity, obedience, and poverty, according to the rule of regular canons. Chief of these were Hugo de Payens and Geoffrey of St. Omer. Since they had neither a church nor a house, the king of Jerusalem gave them a temporary residence in the palace which stands

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266. Anastasius IV Grants Privileges to the Knights of St. John (Hospitallers), 1154.

266. Anastasius IV Grants Privileges to the Knights of St. John (Hospitallers), 1154.

Migne, 188, cols. 1078 ff. ... In accordance with your request, and following the example of our predecessors of blessed memory, Innocent [II, 1130–43], Celestine [II, 1143–44], Lucius [II, 1144–45], and Eugene [III, 1145–53], we take under the protection of St. Peter and of the apostolic see your hospital and house in Jerusalem, and all the persons and possessions belonging thereto. And we decree and command that all your goods and possessions, present and future, which are used for supplying t

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267. Innocent III Orders the Bishops of France to Guard against Simony in the Monasteries, 1211.

267. Innocent III Orders the Bishops of France to Guard against Simony in the Monasteries, 1211.

Migne, 217, col. 198. In spite of numerous reforms the character of the monks had declined. The hard and strenuous life of the early monks had given way to one of luxury and comfort. Men were no longer impelled to seek admission to the monasteries by the same irresistible religious impulse which in the earlier centuries had filled the monasteries to overflowing and made the monks models of piety. The monasteries had become rich and offered a life of ease to all who should enter them. The monks b

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268. Innocent III Grants the Use of the Mitre to the Abbot of Marseilles, 1204.

268. Innocent III Grants the Use of the Mitre to the Abbot of Marseilles, 1204.

Migne, 217, col. 132. The mitre was the headdress which bishops wore on important occasions. Like the pallium it was conferred on them by the pope and symbolized their high spiritual authority. Occasionally the pope granted its use to some abbot whom he wished especially to honor. Hence we have the expression, "a mitred abbot." Innocent etc. ... to the abbot of Marseilles.... Because your monastery has always kept the true faith and been ardently devoted to the Roman church we have thought that

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269. The Friars. The Rule of St. Francis, 1223.

269. The Friars. The Rule of St. Francis, 1223.

Bullarium Romanum, III, i, 229 ff. The monk deserted the world and went into a monastery to save his own soul. The world was left to look after its own salvation. St. Francis intended that the friars should save their souls by devoting themselves to the service of others. They were to spend their time in good works, caring for the sick and miserable, acting as missionaries to the heathen, preaching, comforting, and inciting to holy living. They were to be "brothers" to everybody, rendering to ea

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270. The Testament of St. Francis, 1220.

270. The Testament of St. Francis, 1220.

Bullarium Romanum, III, i, pp. 231 ff...

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271. Innocent IV Grants the Friars Permission to Ride on Horseback when Travelling in the Service of the King of England, 1250.

271. Innocent IV Grants the Friars Permission to Ride on Horseback when Travelling in the Service of the King of England, 1250.

Migne, 217, col. 109. Innocent [IV], servant of the servants of God, to his most beloved son in Christ [Henry III], king of England, sends greeting and apostolic benediction. Although all Dominicans and Franciscans are forbidden to ride on horseback we gladly give assent to your prayers and grant those friars, both Dominican and Franciscan, whom you may wish to take with you on your journey over sea, our full and free permission to ride on horseback whenever, on account of the exigencies of the

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272. Alexander IV Condemns the Attacks made on the Friars because of Their Idleness and Begging, 1256.

272. Alexander IV Condemns the Attacks made on the Friars because of Their Idleness and Begging, 1256.

Denzinger, p. 131. The Friars soon became the favorites of the popes, who gave them almost unlimited concessions and privileges. By these privileges the authority of the Friars was made far greater than that of the parish priest. Before long the parish clergy complained that their authority was weakened and undermined by the Friars. The Friars despised the parish clergy, who in turn hated the Friars and resented their interference in the local affairs of the parish. The Friars generally were mor

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273. John XXII Condemns the Theses of John of Poilly in which He Attacked the Friars, 1320.

273. John XXII Condemns the Theses of John of Poilly in which He Attacked the Friars, 1320.

Denzinger, p. 140. John of Poilly, a professor of Theology, attacked the Friars and set forth the following theses, which were condemned as erroneous by John XXII, 1320: 1. That all those who confess their sins to Friars who have only a general licence to hear confession are bound to confess the same sins again to their own priest. 2. That so long as the edict "Omnis utriusque sexus" stands, which was enacted in a general council, the pope himself is not able to release parishioners from the dut

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274. The Meritorious Character of Martyrdom. Origen, Exhortation to Martyrdom, 235 A.D., Chaps. 30 and 50. (Greek.)

274. The Meritorious Character of Martyrdom. Origen, Exhortation to Martyrdom, 235 A.D., Chaps. 30 and 50. (Greek.)

Edited by Paul Koetschau, I, pp. 26 f and 46. The chief inducement which the church at first offered crusaders was the remission of their sins. To lose one’s life in fighting against pagans and infidels, or even to wage war on them, was regarded as closely akin to martyrdom, and therefore as possessing the power to atone for sins. Cf. nos. 274–277. As the interest in the crusades declined, the church found it necessary to offer still other inducements, chiefly of a secular character. The student

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275. Origen, Commentary on Numbers, Homily X, 2. (Greek.)

275. Origen, Commentary on Numbers, Homily X, 2. (Greek.)

I fear therefore that now since there are no more martyrs and the saints are not offered up as sacrifices [that is, as martyrs], we are not securing the remission of our sins, and that the devil, knowing that sins are forgiven by the suffering of martyrs, does not wish to stir up the heathen to persecute us....

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276. Forgiveness of Sins for Those who Die in Battle with the Heathen. Leo IV (847–55) to the Army of the Franks.

276. Forgiveness of Sins for Those who Die in Battle with the Heathen. Leo IV (847–55) to the Army of the Franks.

Migne, 115, cols. 656, 657; and 161, col. 720. Now we hope that none of you will be slain, but we wish you to know that the kingdom of heaven will be given as a reward to those who shall be killed in this war. For the Omnipotent knows that they lost their lives fighting for the truth of the faith, for the preservation of their country, and the defence of Christians. And therefore God will give them the reward which we have named....

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277. Indulgence for Fighting Heathen, 878.

277. Indulgence for Fighting Heathen, 878.

Migne, 126, col. 816. John II to the bishops in the realm of Louis II [the Stammerer]. You have modestly expressed a desire to know whether those who have recently died in war, fighting in defence of the church of God and for the preservation of the Christian religion and of the state, or those who may in the future fall in the same cause, may obtain indulgence for their sins. We confidently reply that those who, out of love to the Christian religion, shall die in battle fighting bravely against

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278. Gregory VII Calls for a Crusade, 1074.

278. Gregory VII Calls for a Crusade, 1074.

Migne, 148, col. 329. Gregory VII barely missed the honor of having begun the crusading movement. His plan is clear from the following letter. The situation in 1095 was not materially different from that in 1074, and it is probable that Urban II, when he called for a crusade, had nothing more in mind than Gregory VII had when he wrote this letter. Gregory was unable to carry out his plans because he became involved in the struggle with Henry IV. Gregory, bishop, servant of the servants of God, t

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279. The Speech of Urban II at the Council of Clermont, 1095. Fulcher of Chartres.

279. The Speech of Urban II at the Council of Clermont, 1095. Fulcher of Chartres.

Bongars, Gesta Dei per Francos, I, pp. 382 f. In 1094 or 1095, Alexius, the Greek emperor, sent to the pope, Urban II, and asked for aid from the west against the Turks, who had taken nearly all of Asia Minor from him. At the council of Clermont Urban addressed a great crowd and urged all to go to the aid of the Greeks and to recover Palestine from the rule of the Mohammedans. The acts of the council have not been preserved, but we have four accounts of the speech of Urban which were written by

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280. The Council of Clermont, 1095. Robert the Monk.

280. The Council of Clermont, 1095. Robert the Monk.

Bongars, I, pp. 31 f. In 1095 a great council was held in Auvergne, in the city of Clermont. Pope Urban II, accompanied by cardinals and bishops, presided over it. It was made famous by the presence of many bishops and princes from France and Germany. After the council had attended to ecclesiastical matters, the pope went out into a public square, because no house was able to hold the people, and addressed them in a very persuasive speech, as follows: "O race of the Franks, O people who live bey

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281. The Truce of God and Indulgence for Crusaders. The Council of Clermont, 1095.

281. The Truce of God and Indulgence for Crusaders. The Council of Clermont, 1095.

Mansi, XX, 816. The canons of this council in their original form have not been preserved. We have translated the first two canons as Mansi has formulated them. See also nos. 240 ff. for truce of God. 1. It was decreed that monks, clergymen, women, and whatever they may have with them, shall be under the protection of the peace all the time [that is, shall never be attacked]. On three days of the week, that is, Monday, Tuesday, and Wednesday, an act of violence committed by one person against an

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282. Rabble Bands of Crusaders. Ekkehard of Aura, Hierosolimita.

282. Rabble Bands of Crusaders. Ekkehard of Aura, Hierosolimita.

Edited by Hagenmeyer, pp. 122 ff. The lack of unity and organization in the first crusade gave many persons an opportunity to plunder and rob and commit all kinds of violence under the cloak of religion. Because they had taken the cross they pretended that they were privileged and might do as they pleased. They attempted to live at the expense of others. This and the following selection will give an idea of the violence and excesses committed by them. Their villainous conduct led many devout per

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283. Peter the Hermit. Anonymi Gesta Francorum, 1097–99.

283. Peter the Hermit. Anonymi Gesta Francorum, 1097–99.

Edited by Hagenmeyer, pp. 106 ff. The anonymous author of the Gesta Francorum was a knight from southern Italy who went with Boemund on the crusade. He wrote his account of the crusade at various times while on the march to Jerusalem. After the capture of the city and the battle with the Mohammedans before Ascalon, he added a chapter in which he described those events. From the passage here given it will be seen that Peter the Hermit played a very inglorious part in the first crusade. His army d

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285. The Third Crusade, 1189–90. From the Chronicle of Otto of St. Blasien.

285. The Third Crusade, 1189–90. From the Chronicle of Otto of St. Blasien.

M. G. SS. folio, XX, pp. 318 ff The Greek emperor, Isaac Angelus, and Saladin had made an alliance against the sultan of Iconium, who was their common enemy. Isaac’s hostility to Frederick is explained in part by the fact that he had promised Saladin to try to prevent the crusaders from reaching Palestine. It was only natural that the sultan of Iconium should try to make an alliance with Frederick, since the latter was going to attack Saladin. But before Frederick reached Iconium, the sultan had

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286. Innocent III Forbids the Venetians to Traffic with the Mohammedans, 1198.

286. Innocent III Forbids the Venetians to Traffic with the Mohammedans, 1198.

Migne, 214, col. 493. The maritime cities of Italy took quite a part in the crusades, but their interests were largely commercial. In all the cities of the eastern Mediterranean and the Black Sea they tried to get harbor privileges, freedom from tolls or at least a reduction in them, and quarters, consisting of a few city blocks, in which their agents or colonists could reside. They carried on an extensive commerce with the Mohammedans and cleverly and selfishly made use of the crusades to incre

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287. Papal Protection of Crusaders. Innocent III Takes the King of the Danes under his Protection, 1210.

287. Papal Protection of Crusaders. Innocent III Takes the King of the Danes under his Protection, 1210.

Migne, 216, col. 258. We commend you because, fired with zeal for the orthodox faith and for the praise of God and for the honor of the Christian religion, you have taken the cross and have drawn your royal sword to repress the cruelty of an infidel people [the Turks]. And we also give you our apostolic favor, and take under the protection of St. Peter as well as under our own your person and your kingdom with all your possessions, decreeing that so long as you are engaged in this work all your

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288. Innocent III and the Lateran Council Announce a Crusade, 1215.

288. Innocent III and the Lateran Council Announce a Crusade, 1215.

Bullarium Romanum (Rome, 1740), Vol. III, para. i, pp. 173 ff. It was the greatest ambition of Innocent III to recover Palestine from the Mohammedans. During his pontificate he never lost sight of this object. One of the chief purposes of the Lateran council which he called together in 1215, was to arrange for a universal crusade. This decree shows his earnestness in the matter, but at the same time betrays the difficulties which were in the way. (1) The character of the clergy was not such as t

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

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

Altmann und Bernheim, no. 61. 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 chattel

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290. Henry I Frees a Serf, 926.

290. Henry I Frees a Serf, 926.

Bresslau, Centum Diplomata, pp. 3 f. There were many ways in which a serf could be set free, but after 850 the form used in this document was not uncommon. A freeman was to a great extent dependent on his relatives as witnesses. He could not prove his freedom without their testimony. When a serf was set free he was without a family, because his relatives, being serfs, could not testify in court. The charter which the king gave him was the only evidence of freedom which he possessed. It took the

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291. Henry III Frees a Female Serf, 1050.

291. Henry III Frees a Female Serf, 1050.

Bresslau, Centum Diplomata, p. 49. See introductory note to no. 290 . Henry, etc. Let all our faithful Christian subjects, both present and future, know that we, at the request of a certain nobleman, named Richolf, have freed a certain one of his female serfs, named Sigena, by striking a penny out of her hand. We have freed her from the yoke of servitude, and have decreed that the said Sigena shall in the future have the same liberty and legal status as all other female serfs have who have been

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292. The Recovery of Fugitive Serfs, 1224.

292. The Recovery of Fugitive Serfs, 1224.

M. G. LL. 4to, IV, 2, no. 287. The condition of the serfs was a hard one. They had heavy work, poor shelter, and bad food. It is not strange that they sought freedom by running away. The cities offered them a good asylum, for they regarded it as a part of their law that a serf remaining in a free city a year and a day without being reclaimed by his lord became free. The lords objected to this, but without effect. Since the cities refused to deliver serfs to their lord on demand, it was necessary

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293. The Rank of Children Born of Mixed Marriages is Fixed, 1282.

293. The Rank of Children Born of Mixed Marriages is Fixed, 1282.

Altmann und Bernheim, no. 76. We, Rudolf, by the grace of God king, Augustus, wish by this writing to inform all that while we were holding court at Germersheim on Ash-Wednesday our faithful and beloved subject, Adolf, count of Monte, presented the following question for an official decision: If free peasants contract marriage with unfree, or with others whether of a higher or lower social status, what shall be the status of the children born of such mixed marriages? And all who were present dec

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294. Frederick II Confers Nobility, about 1240.

294. Frederick II Confers Nobility, about 1240.

Altmann und Bernheim, no. 74. There was a noble class among the ancient Germans. As they established themselves on Roman soil, the nobility itself underwent a change and it was added to in various ways. Through great possessions in land, and through appointment to office, which generally led to the acquisition of lands, an aristocratic class was formed which came to be regarded as noble. From the tenth century the man who fought on horseback was a knight, and hence of the noble class. As the cla

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295. Charles IV Confers Nobility on a Doctor of Both Laws, 1360.

295. Charles IV Confers Nobility on a Doctor of Both Laws, 1360.

Altmann und Bernheim, no. 78. The king by virtue of his royal power could confer nobility on all whom he wished. The document of Charles IV is especially interesting as showing the degree of honor attaching to learning. The learned man was, because of his learning, the equal of the noble. He who had taken the Master’s degree in both laws was thereby raised to the same social plane as the knight, but, of course, was not thereby knighted. Charles IV recognized this principle and conferred knightho

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296. The Law of the Family of the Bishop of Worms, 1023.

296. The Law of the Family of the Bishop of Worms, 1023.

Altmann und Bernheim, no. 62; M. G. LL. 4to, I. pp. 640 ff. The bishop of Worms was a large landholder, possessing a great deal of the land in the city as well as in the country. This land may be divided into two groups according to the way in which it was held and tilled. Some of it was let out as fiefs, and from this the bishop received only the regular feudal dues according to the terms on which he let it out. The rest of his land was called the domain, and was tilled by serfs who lived on it

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297. The Charter of the Ministerials of the Archbishop of Cologne, 1154.

297. The Charter of the Ministerials of the Archbishop of Cologne, 1154.

Altmann und Bernheim, no. 70. It required a large number of servants to conduct the household of a great landed proprietor and prince, such as the king, a duke, count, archbishop, bishop, or abbot, was. For the household included the management of his lands, the administration of justice, etc., as well as the care of his palace, or, more likely, palaces. The household was divided into five departments, each under a head. The head of the first was the chamberlain, of the second, the cup-bearer, o

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298. The Bishop of Hamburg Grants a Charter to Colonists, 1106.

298. The Bishop of Hamburg Grants a Charter to Colonists, 1106.

Altmann und Bernheim, no. 68. In the time of Karl the Great the Slavs held all the territory east of the Elbe. Karl began to extend the frontiers of Germany to the east by making war on these Slavs, a policy which was continued at intervals by his successors. In this way the Slavs were slowly conquered, Christianized, and Germanized. Some of them were slain or driven out, while others remained on their lands, submitted to the Germans, and were eventually absorbed by them. The waste lands as well

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299. The Privilege of Frederick I for the Jews, 1157.

299. The Privilege of Frederick I for the Jews, 1157.

M. G. LL. 4to, IV, I, pp. 227 ff; Altmann und Bernheim, no. 71. The position of the Jew in the Middle Age was a peculiar one. The law of the state did not in any way recognize him as a citizen. But he was classed along with the right to coin money, levy tolls, appoint officials, administer justice, etc., as a regale , or a crown right; that is, his existence in Germany depended on the will of the king. As no mint could be established without the king’s consent, so no Jews could live anywhere in

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300. The Bishop of Speyer Gives the Jews of His City a Charter, 1084.

300. The Bishop of Speyer Gives the Jews of His City a Charter, 1084.

Altmann und Bernheim, no. 66. As the king granted the princes the right to coin money and other regalian rights, so he also gave them the permission to establish Jews in their territories or cities. This charter which the bishop of Speyer gave the Jews of his city, presents some interesting details concerning their quarter in the city, their way of living, occupations, etc. 301–325. The Cities of Germany. In the days of Karl the Great each city with the surrounding territory formed a county whic

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301. Lothar II (855–69) Grants a Market to the Monastery of Prüm, 861.

301. Lothar II (855–69) Grants a Market to the Monastery of Prüm, 861.

Altmann und Bernheim, no. 150. Markets were a part of the regalia ; that is, no one had a right to set up a market without the king’s permission. Small coins were necessary for the convenience of those who came to the market, and hence the lord of the market always received the right to establish a mint in connection with his market. In order to insure justice and fair treatment to the merchants who might bring their wares to the market, it was separated from the local jurisdiction, and the lord

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302. Otto I Grants a Market to an Archbishop, 965.

302. Otto I Grants a Market to an Archbishop, 965.

Altmann und Bernheim, no. 154. See introductory note to no. 301 . In the name of the undivided Trinity. Otto by the favor of God emperor, Augustus. If we grant the requests of clergymen and liberally endow the places which are dedicated to the worship of God, we believe that it will undoubtedly assist in securing for us the eternal reward. Therefore, let all know that for the love of God we have granted the petition of Adaldagus, the reverend archbishop of Hamburg, and have given him permission

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303. Otto III Grants a Market to Count Bertold, 999.

303. Otto III Grants a Market to Count Bertold, 999.

Altmann und Bernheim, no. 155. In the name of the holy and undivided Trinity. Otto by the clemency of God emperor, Augustus. If we grant the petitions of our faithful subjects we shall no doubt make them more faithful to us. Therefore, we wish all our subjects, present and future, to know that, at the request of the noble duke, Hermann, we have given our count, Bertold, full authority to establish a market, with a mint, tolls, and public jurisdiction, in a certain place called Vilungen, in the c

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304. No One shall Compel Merchants to Come to His Market, 1236.

304. No One shall Compel Merchants to Come to His Market, 1236.

M. G. LL. 4to. IV, 2, no. 203. Frederick [II], etc.... The venerable archbishop of Salzburg asked: When merchants are going along the public highway to a market, may anyone force them to leave the highway and go by private roads to his market? The decision of the princes was, that no one has a right to compel merchants to leave the highway, but that they may go to whatever market they wish.......

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305. A Market-court is Independent of the Local Court, 1218.

305. A Market-court is Independent of the Local Court, 1218.

Altmann und Bernheim, no. 164. Frederick II, by the grace of God king of the Romans, Augustus, and king of Sicily, etc. We wish to inform you that the following decision has been rendered in our presence by the princes and magnates of our empire. If we have granted the establishment of a market, either annual or weekly, and have given them [that is, the people to whom the market has been granted] our glove [as a symbol that they have jurisdiction over all offences committed during the market], n

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306. Otto I Grants Jurisdiction over a Town to the Abbots of New Corvey, 940.

306. Otto I Grants Jurisdiction over a Town to the Abbots of New Corvey, 940.

Altmann und Bernheim, no. 152. For about 300 years after the time of Karl the Great the cities of Germany did not have self-government. Under Karl they were governed by an imperial or royal official. With the appearance and growth of feudalism, the towns came into the hands of the bishops, dukes, counts, etc., and were governed by them. Frequently new towns grew up about monasteries or the churches, especially cathedral churches. As the land on which the town was built belonged to the abbot or b

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307. The Ban-mile, or the Limits of the Bishop’s Authority, 1237.

307. The Ban-mile, or the Limits of the Bishop’s Authority, 1237.

M. G. LL. 4to, IV, 2, no. 205. There was often a question as to the geographical limits of the jurisdiction of the lord of a town. In some cases his authority was bounded by the city walls. In others it extended into the country to a certain distance called a ban-league, or ban-mile. Frederick II, etc. The archbishop of Cologne asked whether his jurisdiction extended beyond the city walls or not. The decision was that his jurisdiction extends beyond the city walls to the distance which is genera

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308. The Citizens of Cologne Expel Their Archbishop, 1074.

308. The Citizens of Cologne Expel Their Archbishop, 1074.

Sudendorf, Registrum, I, no. 3. The chief interest in this and the following number lies in the fact that they introduce us to the beginnings of the movement in the cities toward the acquisition of self-government. As the inhabitants of the towns increased in numbers and wealth, they began to resent the manner in which they were treated by their lords. As their own interests increased in importance it became more and more annoying and exasperating when their lord interfered with their business a

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309. The People of Cologne Rebel against Their Archbishop, 1074.

309. The People of Cologne Rebel against Their Archbishop, 1074.

Lambert of Hersfeld, Annals, M. G. SS. folio, V, 211 ff. See introductory note to no. 308 . The archbishop spent Easter in Cologne with his friend, the bishop of Münster, whom he had invited to celebrate this festival with him. When the bishop was ready to go home, the archbishop ordered his servants to get a suitable boat ready for him. They looked all about, and finally found a good boat which belonged to a rich merchant of the city, and demanded it for the archbishop’s use. They ordered it to

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310. Confirmation of the Immediateness of the Citizens of Speyer, 1267.

310. Confirmation of the Immediateness of the Citizens of Speyer, 1267.

Altmann und Bernheim, no. 168. Cities which were immediately subject to the king were called "imperial cities" (Reichsstädte), while those which were subject to the lord of the land in which they were situated were called "territorial cities" (Landesstädte). Many such cities rebelled against their lord, and put themselves under the king and secured his recognition of their character as imperial cities. Philip, lord of Falkenstein, treasurer of the imperial court. By this present writing we wish

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311. Summons Sent to an Imperial City to Attend a Diet, 1338.

311. Summons Sent to an Imperial City to Attend a Diet, 1338.

Urkundenbuch der Stadt Lübeck, II, 2, p. 629; Altmann und Bernheim, no. 23. An imperial city was in fact a tenant-in-chief since it held directly from the king. It therefore had a right to send its representatives to the diet. Ludwig, etc. Because of certain important affairs of the empire, especially the controversy which has arisen between us and the pope, we have decided to summon the ecclesiastical and secular princes, the counts, barons, cities, and communities of the empire; therefore, we

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312. Municipal Freedom is Given to the Town Called Ebenbuchholtz, 1201.

312. Municipal Freedom is Given to the Town Called Ebenbuchholtz, 1201.

Altmann und Bernheim, no. 163. This is a good example of the charters by which the lord of the town surrendered his authority and granted municipal freedom to the people of the town. In the name of the holy and undivided Trinity. Hermann, by the grace of God bishop of Münster. Because temporal things imitate time and pass away with it, we have thought it best to commit to writing those things which concern our honor and advantage. Let all people know, therefore, that we have granted to our villa

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313. The Extension of the Corporate Limits of the City of Brunswick, 1269.

313. The Extension of the Corporate Limits of the City of Brunswick, 1269.

Altmann und Bernheim, no. 169. After a town had got its municipal freedom new quarters of suburbs might easily spring up about it. These might at first have no share in the government of the town, but would manage their own affairs. But in the course of time these new quarters might be incorporated with the old town. That is, the corporate limits of the old town would be extended to include the new suburbs. All the aldermen of the city of Brunswick, etc.... We wish it to be made known that after

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314. The Decision of a Diet about the Establishment of City Councils in Cathedral Towns, 1218.

314. The Decision of a Diet about the Establishment of City Councils in Cathedral Towns, 1218.

Altmann und Bernheim, no. 165. The lords of the towns were generally unwilling to surrender their authority without a struggle. They appealed to the king and to the diet against their rebellious subjects. The decisions were almost always in their favor, but they found it difficult to enforce them. Neither the king nor the diet assisted them. In the struggle which ensued between the lord and the rebellious town, the town was generally successful. It may be said that the kings seldom followed a wi

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315. Frederick II Forbids the Municipal Freedom of the Towns and Annuls all City Charters, 1231–2.

315. Frederick II Forbids the Municipal Freedom of the Towns and Annuls all City Charters, 1231–2.

Altmann und Bernheim, no. 166. See introductory note to no. 314 . In the name of the holy and undivided Trinity. Frederick, etc.... (2) In various parts of Germany, through the failure to enforce the law and through neglect, certain detestable customs have become established which hide their bad character under a good appearance. By them the rights and honor of the princes of the empire are diminished and the imperial authority is weakened. It is our duty to see that these bad customs, or rather

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316. Breslau Adopts the Charter of Magdeburg, 1261. (German.)

316. Breslau Adopts the Charter of Magdeburg, 1261. (German.)

Altmann und Bernheim, no. 167. Magdeburg was on the frontier between the Germans and the Slavs (Wends and Poles) of the interior. It owed its importance and growth in large part to the fact that it was the centre of the extensive trade between the two peoples. For a long time practically all the commerce between them passed through it. It had the same commercial importance for the Slavs of the interior as Lübeck did for the people along the shores of the Baltic. Because of its position it was ra

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317. The Schoeffen of Magdeburg give Decisions for Culm, 1338. (German.)

317. The Schoeffen of Magdeburg give Decisions for Culm, 1338. (German.)

Altmann und Bernheim, no. 172. See introductory note to no. 316 ....

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318. The Establishment of the Rhine League, 1254.

318. The Establishment of the Rhine League, 1254.

M. G. LL. 4to, IV, 2, no. 428. Commerce, the chief interest of the cities, could flourish only under peaceful conditions. But peace was a stranger to Germany toward the middle of the thirteenth century. In order to prosecute his Italian-Sicilian policy, Frederick II had left Germany to her fate. The princes were engaged in private warfare, and a large number of robber barons plied their trade and made the roads unsafe. Conrad IV was fighting for the possession of the crown and so was unable to e

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319. Peace Established by the Rhine League, 1254.

319. Peace Established by the Rhine League, 1254.

M. G. LL. folio, II, 369 f. See introductory note to no. 318 . In the name of the Lord, amen. In the year of our Lord 1254, on the octave of St. Michael’s day [that is, a week after Sept. 29] we, the cities of the upper and lower Rhine, leagued together for the preservation of peace, met in the city of Worms. We held a meeting there and carefully discussed everything pertaining to a general peace. To the honor of God, and of the holy mother church, and of the holy empire, which is now governed b

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320. Agreement between Hamburg and Lübeck, ca. 1230.

320. Agreement between Hamburg and Lübeck, ca. 1230.

Keutgen, Urkunden zur Städtischen Verfassungsgeschichte, no. 427. With the deposition of Henry the Lion, duke of Saxony, in 1180, and the consequent dismemberment of his duchy (see no. 112 ), north Germany was left without a great prince, and there was no hope that anyone would be able to unite the numerous principalities which were enjoying more or less sovereignty. The absence of any strong power gave greater opportunity for the development of the cities and made the Hanseatic league possible.

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321. Agreement for Mutual Protection between Lübeck and Hamburg, 1241.

321. Agreement for Mutual Protection between Lübeck and Hamburg, 1241.

Keutgen, no. 428. The advocate, council and commune of Lübeck.... We have made the following agreement with our dear friends, the citizens of Hamburg....

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322. Lübeck, Rostock, and Wismar Proscribe Pirates, 1259.

322. Lübeck, Rostock, and Wismar Proscribe Pirates, 1259.

Keutgen, no. 429. To all the faithful subjects of Christ.... The communes of Lübeck, Rostock, and Wismar.... Since most merchants are not protected on the sea from pirates and robbers, we have, in a common council, decreed, and by this writing declare, that all who rob merchants in churches, in cemeteries, or on the water or on the land, shall be outlawed and proscribed by all cities and merchants. No matter where these robbers go with their booty, whatever city or land receives them shall be he

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323. Decrees of the Hanseatic League, 1260–64.

323. Decrees of the Hanseatic League, 1260–64.

Keutgen, no. 430 a. We wish to inform you of the action taken in support of all merchants who are governed by the law of Lübeck. (1) Each city shall, to the best of her ability, keep the sea clear of pirates, so that merchants may freely carry on their business by sea. (2) Whoever is expelled from one city because of a crime shall not be received in another. (3) If a citizen is seized [by pirates, robbers, or bandits] he shall not be ransomed, but his sword-belt and knife shall be sent to him [a

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324. Decrees of the Hanseatic League, 1265.

324. Decrees of the Hanseatic League, 1265.

Keutgen, no. 430 b. We ought to hold a meeting once a year to legislate about the affairs of the cities. (5) If pirates appear on the sea, all the cities must contribute their share to the work of destroying them....

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325. Cologne Merchants have a Gildhall in London, 1157.

325. Cologne Merchants have a Gildhall in London, 1157.

Keutgen, no. 431. The merchants of Cologne early had commercial dealings with London. Her commercial relations with England were more important to her than her relations with Germany, and as a result of this she generally preferred her English alliance to her less lucrative relations with other German principalities on the mainland. In international complications Cologne was apt to be found on the side of England. This document is interesting as showing the early existence of the gildhall of the

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BIBLIOGRAPHY

BIBLIOGRAPHY

The following list is intended to serve both as a brief bibliography of important collections of mediæval documents and as an explanation of the references. In the case of the more important collections and works a brief comment is added. Many titles are omitted where the reference in the text is clear and the work is not of general importance. 1. LARGE COLLECTIONS; NATIONAL 2. LARGE COLLECTIONS; ECCLESIASTICAL AND PAPAL 3. SPECIAL TOPICS, SELECTED DOCUMENTS, ETC....

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GLOSSARY

GLOSSARY

This list is meant to include only technical terms which occur frequently in the text. Terms which are familiar, and those which are used only once or twice and explained in the text, are therefore not included....

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