Peter's day, the archbishop shall give new clothing to thirty of his
knights. At Christmas, because it is cold, he shall give each one of the
thirty a variegated fur overcoat with a collar made of marten skins and
with a broad border of deerskin, and a fur coat with a broad red collar
and wide sleeves. At Easter and on St. Peter's day, because it is then
hot, he shall give each one a light fur mantle and a light fur coat. If
he does not wish to give these clothes he shall give each one of them
six marks to purchase clothing. The five officials at the head of the
five departments who are then serving their six weeks at the
archbishop's court shall receive clothes, and the archbishop shall
distribute the others to any twenty-five knights that he may choose.
12. If a ministerial dies leaving children, his oldest son shall receive
the fief which his father held [that is, if he held a fief] and the
right of serving in that department to which he was born [that is, in
which his father served]. If there is a second son who is a knight, but
so poor that he must serve, he shall come with his war-horse, shield,
and lance, to the court of the archbishop before the door of St. Peter's
church, and if he has no servant, he shall dismount at the perforated
stone which lies there, and run his lance through the hole in the stone,
and fix his reins around the lance, and lean his shield against the
stone. And all these things shall be secure and safe there under the
protection of the archbishop until he returns. Then he shall enter the
church of St. Peter to pray. After his prayer he shall go into the house
of the archbishop, and standing in his presence he shall declare that he
is a knight and ministerial of St. Peter, and he shall offer an oath of
fidelity and his services to the archbishop. If the archbishop accepts
him into his court and family, he shall serve him faithfully for a whole
year. Then the archbishop is bound to give him a fief and he shall serve
the archbishop thereafter. But if the archbishop does not wish him and
will not take him into his family, he shall kneel before those who are
present and kiss the hem of the archbishop's pallium. Then he shall go
back and mount his horse, and he may go wherever he wishes and serve
whom he will. If his new lord makes war on the archbishop, he need not
on that account refuse to serve him. If the archbishop should besiege a
castle in which he [the knight] is, he [the knight] shall not desert or
leave the castle, but he shall aid his new lord in defending his castle
as well as he can. But he shall never ravage the territory of the
archbishop or burn the houses on his lands.
Par. 3. It is characteristic of the codes for ministerials that the
lord punishes them by "withdrawing his favor from them." The serious
character of this punishment is seen from par. 4.
Par. 4. A white rod, _i.e._, one stripped of its bark, had a symbolic
meaning which is preserved in the German expression, "mit einem weissen
Stock gehen," that is, to walk with a white cane or stick. It means that
the one who carries it is helpless and without means. Thus when the
Hannoverians were defeated in the battle of Langensalza in 1866, and had
to surrender their arms, they cut sticks from the woods, stripped them
of their bark, and went home with "white canes."
Par. 5. The archbishop presided over the court in which cases of the
ministerials were tried. All the ministerials were the judges, but the
advocate had the right to express his judgment first. After the advocate
had said what he thought the decision or verdict should be, the others
had the right to express their judgments (see section VII, introductory
note).
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 as those made
vacant by their removal were occupied by German colonists. This charter
which the bishop of Hamburg gave his colonists illustrates the terms on
which such colonies were established. Since the lord of the land
received many solid advantages from such colonies, it is not strange
that they made great efforts to induce people to settle on their lands.
1. In the name of the holy and undivided Trinity. Frederick, by the
grace of God bishop of Hamburg, to all the faithful in Christ, gives a
perpetual benediction. We wish to make known to all the agreement which
certain people living this side of the Rhine, who are called Hollanders,
have made with us.
2. These men came to us and earnestly begged us to grant them certain
lands in our bishopric, which are uncultivated, swampy, and useless to
our people. We have consulted our subjects about this and, considering
that this would be profitable to us and to our successors, have granted
their request.
3. The agreement was made that they should pay us every year one
denarius for every hide of land. We have thought it necessary to
determine the dimensions of the hide, in order that no quarrel may
hereafter arise about it. The hide shall be 720 royal rods long and
thirty royal rods wide. We also grant them the streams which flow
through this land.
4. They agreed to give the tithe according to our decree, that is, every
eleventh sheaf of grain, every tenth lamb, every tenth pig, every tenth
goat, every tenth goose, and a tenth of the honey and of the flax. For
every colt they shall pay a denarius on St. Martin's day [Nov. 11], and
for every calf an obol [penny].
5. They promised to obey me in all ecclesiastical matters according to
the decrees of the holy fathers, the canonical law, and the practice in
the diocese of Utrecht.
6. They agreed to pay every year two marks for every 100 hides for the
privilege of holding their own courts for the settlement of all their
differences about secular matters. They did this because they feared
they would suffer from the injustice of foreign judges. If they cannot
settle the more important cases they shall refer them to the bishop. And
if they take the bishop with them [that is, from Hamburg to the colony]
for the purpose of deciding one of their trials, they shall provide for
his support as long as he remains there by granting him one-third of all
the fees arising from the trial; and they shall keep the other
two-thirds.
7. We have given them permission to found churches wherever they may
wish on these lands. For the support of the priests who shall serve God
in these churches we grant a tithe of our tithes from these parish
churches. They promised that the congregation of each of these churches
should endow their church with a hide for the support of their priest.
The names of the men who made this agreement with us are: Henry, the
priest, to whom we have granted the aforesaid churches for life; and the
others are laymen, Helikin, Arnold, Hiko, Fordolt, and Referic. To them
and to their heirs after them we have granted the aforesaid land
according to the secular laws and to the terms of this agreement.
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 the realm without the king's permission. The city
which wished to permit Jews to live within its walls had first to secure
the permission of the king. The Jews were made to pay well for the bare
right to exist. They were subject to the king's taxation and hence were
said to belong to the king's treasury. In theory they were under the
king's protection, but that did not preserve them from mob violence.
This document shows that while their position was anomalous, they
nevertheless received liberal charters from the king.
In the name of the holy and undivided Trinity. Frederick, by the grace
of God emperor of the Romans, Augustus. Be it known to all bishops,
abbots, dukes, counts, and all others subject to our laws, that we have
confirmed by our royal authority, expressed in the present law, the
statutes in favor of the Jews of Worms and their fellow-religionists
which were granted to them by our predecessor emperor Henry, in the time
of Solomon, rabbi of the Jews.
1. In order that they may always look to us for justice, we command by
our royal authority that no bishop or his official, and no count,
_Schultheiss_, or other official except those whom they choose from
among their own number, shall exercise any authority over them. The only
official who may exercise such authority is the man whom the emperor
puts over them in accordance with their choice, because they are
entirely under the control of our treasury.
2. No one shall take from them any property which they hold by
hereditary right, such as building sites, gardens, vineyards, fields,
slaves, or any other movable or immovable property. No one shall
interfere with their right to erect buildings against the walls of the
city, on the inside or outside. If anyone molests them contrary to our
edict he shall forfeit our grace and shall restore twofold whatever he
took from them.
3. They shall have free right to change money with all men anywhere in
the city except at the mint or where the officials of the mint have
established places for changing money.
4. They shall travel in peace and security throughout the whole kingdom
for the purpose of buying and selling and carrying on trade and
business. No one shall exact any toll from them or require them to pay
any other public or private tax.
5. Guests may not quarter themselves on the Jews against their will. No
one shall seize one of their horses for the journey of the king or the
bishop, or for the royal expedition.
6. If any stolen property is found in the possession of a Jew, and he
says that he bought it, he shall say under oath according to Jewish law
how much he paid for it, and he shall restore it to its owner on receipt
of that amount.
7. No one shall baptize the children of Jews against their will. If
anyone captures or seizes a Jew and baptizes him by force, he shall pay
twelve pounds of gold to the royal treasury. If a Jew expresses a wish
to be baptized, he shall be made to wait three days, in order to
discover whether he abandons his own law because of his belief in
Christianity, or because of illegal pressure; and if he thus
relinquishes his law, he shall also relinquish his right to inheritance.
8. No one shall entice away from them any of their pagan slaves under
pretext of baptizing them into the Christian faith. If anyone does this,
he shall pay the ban, that is, three pounds of gold, and shall restore
the slave to his owner; the slave shall obey all the commands of his
owner, except those that are contrary to his Christian faith.
9. Jews may have Christian maid-servants and nurses, and may employ
Christian men to work for them, except on feast days and Sundays; no
bishop or other clergyman shall forbid this.
10. No Jew may own a Christian slave.
11. If a Jew brings suit against a Christian or a Christian against a
Jew, each party shall follow the process of his own law as far as
possible. The Jew has the same right as the Christian to prove his case
and to release his sureties by his oath and the oath of another person
of either law [_i.e._, Christian or Jew].
12. No one may force a Jew to undergo the ordeal of hot iron, hot water,
or cold water, or have him beaten with rods or thrown into prison, but
he shall be tried according to his own law after forty days. In a case
between a Christian and a Jew, the defendant cannot be convicted except
by the testimony of both Christians and Jews. If a Jew appeals to the
royal court in any case, he must be given time to present his case
there. If anyone molests a Jew contrary to this edict, he shall pay the
imperial ban of three pounds to the emperor.
13. If anyone takes part in a plan or plot to kill a Jew, both the
slayer and his accomplice shall pay twelve pounds of gold to the royal
treasury. If he wounds him without killing him, he shall pay one pound.
If it is a serf who has wounded or slain the Jew, the lord of the serf
shall either pay the fine or surrender the serf to punishment. If the
serf is too poor to pay the fine, he shall suffer the penalty which was
visited upon the serf who in the time of our predecessor, emperor Henry,
slew the Jew named Vivus; namely, his eyes shall be torn out and his
right hand cut off.
14. If the Jews have any suit or any matter to be settled among
themselves, it shall be tried by their peers and by no others. If any
Jew refuses to tell the truth in any case which arises among the Jews,
he shall be forced to confess the truth by his own rabbi. But if a Jew
has been accused of a serious crime, he shall be allowed to appeal to
the emperor, if he wishes to.
15. Besides their wine, they shall have the right to sell spices and
medicines to the Christians. As we have commanded, no one may force them
to furnish horses for the expedition of the emperor, or to pay any other
public or private tax.
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.
1. In the name of the holy and undivided Trinity. I, Rudeger, by
cognomen Huozman, humble bishop of Speyer, when I wished to make a city
of my village of Speyer, thought that it would greatly add to its honor
if I should establish some Jews in it. I have therefore collected some
Jews and located them in a place apart from the dwellings and
association of the other inhabitants of the city; and that they may be
protected from the attacks and violence of the mob, I have surrounded
their quarter with a wall. The land for their dwellings I had acquired
in a legal way; for the hill [on which they are to live] I secured
partly by purchase and partly by trade, and the valley [which I have
given them] I received as a gift from the heirs who possessed it. I have
given them this hill and valley on condition that they pay every year
three and one-half pounds of money coined in the mint of Speyer, for the
use of the brothers [monks of some monastery which is not named here].
2. I have given them the free right of changing gold and silver coins
and of buying and selling everything they wish within their own walls
and outside the gate clear up to the boat-landing [on the Rhine] and
also on the wharf itself. And they have the same right throughout the
whole city.
3. Besides, I have given them a piece of the land of the church as a
burial-ground. This land they shall hold forever.
4. I have also granted that, if a Jew comes to them from some other
place and is their guest for a time, he shall pay no tolls [to the
city].
5. The chief priest of their synagogue shall have the same position and
authority among them as the mayor of the city has among the citizens. He
shall judge all the cases which arise among them or against them. If he
is not able to decide any case it shall be taken before the bishop or
his chamberlain.
6. They are bound to watch, guard, and defend only their own walls, in
which work their servants may assist them.
7. They may hire Christian nurses and Christian servants.
8. The meats which their law forbids them to eat they may sell to
Christians, and the Christians may buy them.
9. To add to my kindness to them I grant them the most favorable laws
and conditions that the Jews have in any city of the German kingdom....
301-325. The Cities of Germany.
In the days of Karl the Great each city with the surrounding territory
formed a county which was under the jurisdiction of a count. As
feudalism developed, the count became the lord of the city, and governed
it in a more or less autocratic way. Besides these cities there were
many villages in the time of Karl which in the course of time grew into
cities. Later, still other cities, arose, some growing up around
markets, or monasteries, or churches, and others developing from
settlements of colonists, etc. They grew under favorable circumstances
into cities, over which, however, the lord still retained his control.
But in the course of time the cities freed themselves from the
jurisdiction of their lord and separated themselves from the surrounding
territory. They acquired a set of laws for their government, and
jurisdiction over themselves. The citizens of each city became a commune
possessing a number of rights, among them the right to have a market,
freedom from tolls, the election of their own officials, judges, etc.,
the right to levy their own taxes, to coin money, to fortify their city,
etc. In a word, each city freed itself from the government of its lord
and got the right to govern itself.
The city charter was, in many cases at least, developed from the market
charter. On this account we give a few market charters. Then a few
documents are given to illustrate the rebellion of the cities against
their lords, and their acquisition of municipal rights. We offer the
important charter of Magdeburg, and some documents concerning the origin
of the Rhine league and the early history of the Hanseatic league.
The development in the German cities was so varied that it is quite
impossible in the space at our disposal to illustrate it adequately.
Nearly every city offers something peculiar, interesting, and worthy of
note.
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 of the market
was given jurisdiction over all crimes committed during the market and
on the ground occupied by it. A further interest attaches to the
charters of markets because in some cases the towns which grew up about
the market-places became cities, and the market charter was developed
into the city charter.
Lothar II, etc.... Therefore, let all our faithful subjects, both
present and future, know that Ansbald, abbot of the monastery of Prüm,
has told us that that place suffers great disadvantage because it is so
far distant from a market and mint. On this account, he begged us to
grant his monastery our permission for the establishment of a market and
mint in a place which is called Romarivilla, which is not far from his
monastery. Out of reverence for the Lord Jesus Christ, and for the
salvation of our soul, we gladly grant his petition, and have ordered
this document to be written, by which we decree and command that
hereafter that monastery may have an ordinary market in the above-named
place and a mint for coining denarii of the proper weight and quality.
And no public official shall levy a tax of any sort on the monastery for
this market and mint, but they shall be wholly for the profit of the
monastery and its inmates. And that this concession may never be
violated, we have ordered it to be sealed with our ring and we have
signed it with our own hand....
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 to establish a market in the place called Bremen.
In connection with the market we grant him jurisdiction, tolls, a mint,
and all other things connected therewith to which our royal treasury
would have a right. We also take under our special protection all the
merchants who live in that place, and grant them the same protection and
rights as those merchants have who live in other royal cities. And no
one shall have any jurisdiction there except the aforesaid archbishop
and those to whom he may delegate it. Signed with our hand and sealed
with our ring.
303. Otto III Grants a Market to Count Bertold, 999.
Altmann und Bernheim, no. 155.
See introductory note to no. 301.
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 county of Bara,
over which count Hildibald has jurisdiction. And by royal decree we make
this a legal [and regular] market, with all the functions of a market.
And no one shall be permitted to interfere with it. All who wish to come
to this market may come and go away in security and peace. No unjust
charges shall be levied on them, but they may buy and sell and do
everything else that belongs to the business of a merchant. And if
anyone tries to violate or break this concession, he shall pay the same
fine as one who should violate the market at Constance, or Zürich. He
shall pay this fine to count Bertold, or to his representative. The
aforesaid count shall have the right of holding, changing, granting, and
making any arrangement in regard to this market, as he pleases....
304. No One shall Compel Merchants to Come to His Market, 1236.
M. G. LL. 4to. IV, 2, no. 203.
See introductory note to no. 301.
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....
305. A Market-court is Independent of the Local Court, 1218.
Altmann und Bernheim, no. 164.
See introductory note to no. 301.
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], no count nor any other judge
of the province [in which the market is situated] shall exercise any
jurisdiction there [that is, over crimes committed during the market],
or have any power to punish crimes committed there. But if a thief, or
robber, or any other criminal shall have been condemned to death there
[that is, by the judge who holds the market-court] he must be handed
over to the count or to the judge of the province to have the sentence
executed upon him.
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 bishop, as the case might be, he was naturally
regarded as its lord, and of course he had jurisdiction over all its
inhabitants. It is apparent that such a new town had sprung up around
the monastery of New Corvey, and by this document Otto I recognized that
its abbot had jurisdiction over all the people who lived on the lands of
the monastery.
Otto I, etc.... Therefore, let all our subjects, both present and
future, know that, for the love of God, the salvation of our souls, and
the forgiveness of our sins, at the request of our beloved wife, we have
granted that all the abbots of the monastery of New Corvey,{124}
beginning with Folkmar, who is now its abbot, shall have jurisdiction
over all the men who live in the territory of the monastery and in the
city which has been built up about it, that is, in, etc. [Here follow
the names of the places over which the monastery shall have
jurisdiction.] And no man and no official shall have the right of
exercising over the aforesaid men that jurisdiction which is commonly
called "Burgbann" [that is, the jurisdiction that goes with a town],
except the abbot of the monastery and those to whom he may delegate it.
{124} New Corvey, near Paderborn, was founded in 816, for the purpose of
Christianizing the newly conquered Saxons. It was named after its mother
monastery, Corbie, in France. It was for a long time the most famous
monastery in north Germany.
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 generally called a "ban-mile," and within that he may legally
sit in judgment on all the men who are under his jurisdiction.
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 and demanded
their services or the use of articles which they were using (see the
following number). A rebellion was inevitable. It began generally, if
not always, with the merchant class of the population. The lords of the
towns vigorously resisted, but were unable to maintain their
prerogatives. The cities generally succeeded in acquiring the right to
govern themselves and obtained a charter to that effect.
The citizens of Worms had been offended by their bishop, not only
because of his government of them, but also because he was supporting
the pope against their king, to whom they were devotedly attached.
To his beloved brother and fellow bishop, Udo, archbishop [of Trier],
Anno, archbishop of Cologne, sends his love, etc.... You have no doubt
heard about the violence and insults which I have suffered from my
citizens, although I have said nothing about the matter in my letters to
you. And you have also probably heard how I was restored to my place in
the city by the help of others. According to the canon law, I should
immediately have punished their abominable insolence with
excommunication and interdict, but I restrained myself from doing so,
because it might have seemed that I did it not out of zeal for the Lord,
but for personal reasons. But some of the insolent ones disregarded and
despised my gentle treatment of them, and at night secretly collected
and threatened me with worse things than they had done before. On this
account, with the advice of the bishops whom the pope sent me, I
anathematized them a week after Pentecost. I beg you to publish this
anathema in your diocese. Do not permit your people to be infected with
the leprosy of these excommunicated persons, but keep them out of your
territory, lest by their speech they excite your people to do the same
things against you. I beg you to inform your bishops of this, in order
that my contaminated flock may not infect theirs also.
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 be got ready at
once and threw out all the merchandise with which it was loaded. The
merchant's servants, who had charge of the boat, resisted, but the
archbishop's men threatened them with violence unless they immediately
obeyed. The merchant's servants hastily ran to their lord and told him
what had happened to the boat, and asked him what they should do. The
merchant had a son who was both bold and strong. He was related to the
great families of the city, and, because of his character, very popular.
He hastily collected his servants and as many of the young men of the
city as he could, rushed to the boat, ordered the servants of the
archbishop to get out of it, and violently ejected them from it. The
advocate of the city was called in, but his arrival only increased the
tumult, and the merchant's son drove him off and put him to flight. The
friends of both parties seized their arms and came to their aid, and it
looked as if there were going to be a great battle fought in the city.
The news of the struggle was carried to the archbishop, who immediately
sent men to quell the riot, and being very angry, he threatened the
rebellious young men with dire punishment in the next session of court.
Now the archbishop was endowed with all virtues, and his uprightness in
all matters, both of the state and of the church, had often been proved.
But he had one vice. When he became angry, he could not control his
tongue, but overwhelmed everybody, without distinction, with bitter
upbraidings and violent vituperation. When his anger had passed, he
regretted his fault and reproached himself for it. The riot in the city
was finally quieted a little, but the young man, who was very angry as
well as elated over his first success, kept on making all the
disturbance he could. He went about the city making speeches to the
people about the harsh government of the archbishop, and accused him of
laying unjust burdens on the people, of depriving innocent persons of
their property, and of insulting honorable citizens with his violent and
offensive words.... It was not difficult for him to raise a mob....
Besides, they all regarded it as a great and glorious deed on the part
of the people of Worms that they had driven out their bishop because he
was governing them too rigidly. And since they were more numerous and
wealthy than the people of Worms, and had arms, they disliked to have it
thought that they were not equal to the people of Worms in courage, and
it seemed to them a disgrace to submit like women to the rule of the
archbishop, who was governing them in a tyrannical manner....
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 to make known and publicly to declare that the
citizens of the city of Speyer are joined directly to the empire so that
they are in no way answerable to the bishop of Speyer [in secular
matters]. This is manifest and well known to all....
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
notify and command you, in whose fidelity, wisdom, and advice we place
special confidence, to send two representatives with full credentials to
Frankfort on the Tuesday before St. Laurence's day [Aug. 10], there to
meet with us, and the princes, counts, and other cities. Do not seek to
evade this summons, but obey it readily and willingly, if you expect to
receive our grace and favor.
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 village, Ebenbuchholtz, that municipal
freedom which is commonly called "_Weichbild_." But because that could
not be done without the consent of Sueder of Dingden, to whose county
the aforesaid village belonged, we made this agreement with him, that he
should give up his right to the "_Weichbild_" [that is, to the
government of the town, the appointment of the officials, etc.] and he
should receive in return for it civil jurisdiction over the town, such
as he has over our cities, Münster, Coesfeld, and others. And that these
agreements and arrangements may remain unbroken forever, we have caused
this document to be written and sealed with our ring....
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 having taken counsel with the
older and wiser men for the best interests of the city, we have, under
oath, issued the following decree which shall be observed forever, to
the effect that hereafter we [the aldermen from the three different
parts of the city which up to this time have had a separate
organization] shall meet in one house to take counsel together about the
affairs of the whole city. All the income of the city, from whatever
source, shall be kept in a common fund and spent for the common good of
the whole city. In the old town wine may be sold all the time. In that
quarter of the city called Indago [that is, the Park], however, when one
vat of wine has been sold no more shall be sold there until a vat has
been sold in the new town, and vice versa. New aldermen shall be elected
every year as follows: Seven new aldermen shall be elected in the old
town, and three of the former aldermen from the same quarter shall be
chosen to remain in office another year. In Indago [the quarter called
the Park] four new aldermen shall be elected and two of the former
aldermen shall remain in office. In the new town three shall be elected
and one of the former shall remain in office. Thus there shall always be
twenty aldermen. They shall take a special oath, among other things, to
preserve this union [of the three towns in one]. And that no doubt may
arise about this, we have caused this document to be written and the
seal of the city to be attached to it. Witnesses....
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 wise policy in this matter,
but permitted themselves to be influenced by the complaints of the
lords. The German kings generally did not understand the movement or see
its importance. They did not perceive that a new order of things was
arising in the cities which was rapidly replacing the feudal system.
In the name of the holy and undivided Trinity. Frederick II, by the
favor of God king of the Romans, Augustus, and king of Sicily.... Our
beloved prince, Henry, bishop of Basel, came into the presence of us and
of many princes, barons, and nobles of the empire and demanded a
decision about the following matter, namely: Whether we or anyone else
had the right to establish a council in a city [that is, to give a city
municipal freedom] which was subject to a bishop, without the bishop's
consent and permission. We first asked our beloved prince, Theodoric,
the venerable archbishop of Trier, about this, and he, after some
deliberation, declared that we neither could nor should grant or
establish a council in the city of the aforesaid bishop of Basel without
the consent of him or of his successors. The question was then asked in
due form of all who were present, both princes, nobles, and barons, and
they confirmed the decision of the archbishop of Trier. We also, as a
just judge, approve this decision, and declare it to be right. We
therefore remove and depose the council which is now in Basel, and we
annul the charter which we granted the people of Basel authorizing the
establishment of this council, and they shall never make any further use
of it. As a greater evidence of our favor and love for the aforesaid
bishop of Basel, we forbid, under the threat of the loss of our favor,
the people of Basel to make or set up a council or any constitution, by
whatever name it may be called, without the consent and permission of
their bishop....
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 these corrupt practices, shall no longer be in force.
(3) Wishing, therefore, that all the grants and concessions of liberties
and privileges which we have made to the princes of the empire shall
have the broadest interpretation and that the said princes may have full
and undisturbed possession of them, we hereby remove and depose in every
town and city of Germany all the city councils, burgomasters, mayors,
aldermen, and all other officials, by whatever name they may be called,
who have been established by the people of the said cities without the
permission of their archbishop or bishop. (4) We also dissolve all
fraternities or societies, by whatever name they may be called. (5) We
also decree that, in every city or town where there is a mint, no kind
of money except that which is coined in that place shall be used in the
sale and purchase of all kinds of goods and provisions. (6) In times
past the archbishops and bishops governed the cities and all the lands
which were given them by the emperor, and we wish them to continue to do
so forever, either in person or through the officials whom they may
appoint for this purpose, in spite of the fact that certain abuses have
crept in, and in some cities there are those who resist them. But this
resistance to their lord is illegal. (7) In order that these wicked
abuses may be stopped and may not have even a pretence of authority, we
revoke and declare invalid and worthless all the privileges, open
letters, and sealed letters, which we or our predecessors or the
archbishops or bishops have given to any person, either public or
private, or to any city, in favor of these societies, communes, or
councils, to the disadvantage of the princes and of the empire. This
document has the form of a judicial decision, being published by a
decree of the princes with our full knowledge....
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 raised to be the seat of an
archbishop, and given the work of Christianizing the Slavs. Another
effect of her position and commerce was seen in the organization of the
Slavic cities, all of which adopted her government and laws. These
so-called Slavic towns to the east of Magdeburg were established
generally by German colonists who made it a condition of their going as
colonists that they should have the charter of Magdeburg. And when towns
were raised to the rank of cities they asked to have the charter of
Magdeburg. So in 1261 when Breslau was made a city, duke Henry and his
citizens of Breslau applied to Magdeburg for a copy of its charter. In
response to this request the _Schoeffen_ of the city drew up the
following statement of the city's government. Although prolix,
unsystematic, and obscure in some points, the student will be able to
understand the essential features of it. Compare the legal procedure,
delays, etc., with no. 4, the Salic Law.
In a city which had the charter of Magdeburg it might easily happen that
a new case would arise which was not provided for in the charter. If the
governing body was in doubt as to what to do, a deputation was sent to
Magdeburg to ask for instructions from her board of _Schoeffen_. So in
1338 the citizens of Culm asked for instructions on several points, and
the _Schoeffen_ told them what the law on these matters in Magdeburg
was. We give these two documents as typical, and as illustrating the
government of the cities in Wendish-Polish territory.
(1) When Magdeburg was founded the inhabitants were given a charter such
as they wished. They determined that they would choose aldermen every
year, who, on their election, should swear that they would guard the
law, honor, and interests of the city to the best of their ability and
with the advice of the wisest people of the city. (2) The aldermen have
under their jurisdiction false measures, false scales, false weights,
offences in the sale of all sorts of provisions, and all kinds of
deception in buying and selling. If they find anyone guilty of such
things, he shall pay a fine of three Wendish marks, that is, thirty-six
shillings. (3) The aldermen shall take counsel with the wisest people
and then appoint their courts at whatever time they wish. Their
decisions rendered in court are binding and must be obeyed. If anyone
resists their decisions, they shall punish him. (4) If the bells are
rung [to call the inhabitants to court], and anyone does not come, he
shall pay a fine of six pence. If he is summoned to the court and does
not come, he shall be fined five shillings. (5) If the people who are
called hucksters are convicted of cheating, they shall either be beaten
and have their heads shaved, or they shall be fined three shillings,
according to the choice of the aldermen. (6) If anyone is convicted of
using false weights or measures, the aldermen shall punish him according
to the custom of the city, or fine him thirty-six shillings. (7) The
burggrave is the highest judge. He must hold three courts every year:
the first one at St. Agatha's day [February 5], the second one at St.
John's day [June 24], and the third one a week after St. Martin's day
[November 11]. If these days fall on holy days or on "bound times" [that
is, holidays on which, for some reason not here stated, no courts may be
held], the court must be put off. If plaintiffs do not appear, the case
must be put off. If the _Schultheiss_ does not come, the case must be
put off. But the _Schultheiss_ who fails to come must pay the burggrave
ten pounds, unless it was impossible for him to come. (8) All crimes
committed 14 days before the burggrave's court meets belong solely to
the jurisdiction of the burggrave. But if the burggrave is not there,
the citizens shall choose someone else to judge in his place, if anyone
has been taken in the very act of committing a crime. The fee of the
burggrave is three pounds. When the burggrave rises from the judge's
chair, his court is dissolved, and he then appoints the court of the
_Schultheiss_ to be held 14 days from the next day. (9) The
_Schultheiss_ holds three regular courts every year: the first one,
twelve days after Christmas, the second, on the first Tuesday after
Easter week, and the third, at the end of the week of Pentecost. At the
close of each of these courts he shall appoint another court [if
necessary], to be held fourteen days later. If these courts fall on a
holy day, he may put off his court for a day or two. (10) The fee of the
_Schultheiss_ is eight shillings. No one shall be summoned to his court
except by the _Schultheiss_ himself or by his beadle. His servant shall
not summon anyone. If the _Schultheiss_ is not at home when a crime is
committed, the people shall choose someone to judge in his place, in
case they have taken some offender in the act. The _Schultheiss_ shall
receive his authority as a fief from the lord of the land, and he shall
have a fief [besides], and he must be of legitimate birth, and born a
citizen of the town. (11) If a man is wounded and cries for help, and
seizes his assailant and brings him into court, and has six witnesses,
the defendant is to be shown to the witnesses, so that he cannot escape.
If a man inflicts a wound as deep as a nail and as long as a finger, his
hand shall be cut off; for killing anyone his head shall be cut off.
(12) Neither the burggrave nor the _Schultheiss_ shall compel citizens
to render decisions [that is, assist in holding court] at any other time
than the regular sessions of the court, except when a criminal has been
taken in the act. But the burggrave and the _Schultheiss_ must, every
day, try the cases which are brought before them. (13) If a man is
wounded but puts off making complaint [to the proper official] until the
next day, the accused may clear himself if he produces six witnesses. If
the accused fails to appear at the next three sessions of the court, he
shall, at the fourth session, be put under the ban [outlawed,
proscribed]. (14) If a man dies leaving a wife, she shall have no share
in his property except what he has given her in court, or has appointed
for her dower. She must have six witnesses, male or female, to prove her
dower. If the man made no provision for her, her children must support
her as long as she does not remarry. If her husband had sheep, the widow
shall take them. (15) If a man and woman have children, some of whom are
married and have received their marriage portion, and the man dies, the
children who are still at home [that is, unmarried], shall receive the
inheritance. Those who have received their marriage portion shall have
no part of it [that is, the inheritance]. Children who have received an
inheritance shall not sell it without the consent of their heirs. (16)
If a man surrenders anything to another in court, and the other holds it
in peaceable possession for a year and a day, he shall call the judge
and the _Schoeffen_ as witnesses to the fact [that he has held it for a
year and a day], and thereafter no one shall bring a suit against him to
recover it. (17) If a judge or _Schoeffe_ dies, he shall be declared
deposed [that is, his office shall be declared vacant] by a session of
court in which at least two _Schoeffen_ and four free citizens are
present. Then his wife shall receive her share of his property [that is,
not until his office is declared vacant may his widow claim her share of
his property]. (18) No one, whether man or woman, shall, on his
sick-bed, give away more than three shillings' worth of his property
without the consent of his heirs, and the woman must have the consent of
her husband. (19) If the fee or _wergeld_ of the burggrave has been
adjudged to him in court, it must be paid to him within six weeks. (20)
If there are no immediate heirs [that is, children] to an inheritance,
the nearest of kin shall share it equally. (21) If a man is wounded and
cries for help [but does not seize his assailant] and comes into court
and accuses someone who was present [when he received the wound], the
accused must answer in court and defend himself. If a man accuses more
persons than he has wounds, only as many persons as he has wounds shall
be prosecuted, but the defendants may clear themselves of the charges
with six witnesses. (22) If an inheritance is left to a boy [that is, if
his father dies], and he wishes to become a priest, he shall
nevertheless receive the inheritance. But if he has an unmarried sister
at home, the two shall divide it between them. (23) If a man transfers a
piece of property to another in the presence of the judge and of the
_Schoeffen_, the _Schoeffen_ shall receive a fee of one shilling. (24)
If a man brings a suit against another for a debt and gets a writ of
execution against him, the defendant must, on the same day, pay the debt
and also the judge's fee. (25) If a man is sued for a debt and he
confesses to the debt, he must pay it within fourteen days. If he does
not pay it within fourteen days, he shall pay the judge's fee, and the
judge shall order him to pay it within eight days. If he does not pay it
within eight days, the judge shall order him to pay it the next day. If
he does not pay it, he shall pay the judge his fee for every time the
judge ordered him to pay. If he does not have the money to pay, his
house shall be taken in pawn for the debt. If he has no house, he shall
be seized for debt wherever he may be found. Whoever gives him aid,
shall pay a fine to the judge. (26) If a man's clothes are taken from
him by a writ of execution, he has seventeen days in which to call a
court session. (27) If a man of good reputation is accused of having
caused a disturbance by day or night, he shall clear himself with six
witnesses, provided he was not seen near the place where the disturbance
was. (28) No widow shall use the capital of her dower or sell it. If she
dies it shall go to the heirs of her husband. (29) If an inheritance is
left to children, and one of them dies, the others share it equally.
(30) If a man's house is taken from him as a pawn for a debt, so long as
the pawn is unredeemed he shall pay the judge a fine every time he
enters the house. (31) If a man is going out of the country as a pilgrim
or as a merchant, no one shall hinder him from going because of a debt,
unless he brings suit against him for the debt before the judge. (32) If
anyone reviles a _Schoeffe_ while he is on the bench [that is, while he
is performing the duties of his office], he shall pay the _Schoeffe_ the
regular fine [for an offence against a _Schoeffe_], that is, thirty
shillings, and he shall also pay the judge his fee. (33) If a man
reviles the _Schoeffen_ after they have given a decision, he shall pay
each of them the regular fine, that is, thirty shillings, and also pay
the judge his regular fine. He shall pay the judge's fine as many times
as there are _Schoeffen_ whom he reviled. (34) If a man needs evidence
that a quarrel or feud was legally settled in court, he shall appeal to
the judge and _Schoeffen_ in whose presence the feud was settled. If
they have died, he shall take the testimony of the free citizens who
were in court at the time. (35) The judge shall not reverse a decision
of the _Schoeffen_. (36) If a feud is settled out of court and one of
the parties afterward renews it, the other party shall prove that it was
settled by bringing six witnesses who saw and heard the settlement. (37)
If a feud is settled in court and a pledge given [that the feud shall
not be renewed] and some of them [that is, one of the parties to it]
renew it and they are convicted of it before the judge and the
_Schoeffen_, they shall lose a hand for inflicting a wound on any of the
other party, and their head if they have killed anyone. If a man who did
not agree to the settlement of the feud renews it, he shall pay the
_wergeld_, that is, nine pounds for a wound and eighteen for killing
anyone. (38) If a man attacks another with intent to wound, and does
wound him, he shall lose a hand for a wound, and his head if he kills
him. (39) If a man is beaten with rods on his back and abdomen so as to
make black and blue spots and to cause swellings, he shall show himself
to the judge and to the free citizens in court that they may see the
effects of the blows, and then he has grounds for suit against those who
beat him. But if he is beaten on his head and arms and he has no other
proof, the accused shall clear themselves in the regular way. If they
confess [that they beat him], each one shall pay his fine and the
judge's fee besides. If the man whom they beat dies, they must all
answer in court for his death. If he does not die, only one of them
shall answer in court, the others shall go free. (40) The burggrave and
not the _Schultheiss_ shall have jurisdiction over the three crimes of
attacking from an ambush, violating women, and attacking with intent to
kill. If the one attacked has wounds and shows them to the judge and has
witnesses who heard him cry for help, the accused shall answer in court
to the charges. (41) If anyone dies leaving an inheritance and no heirs
appear within a year and a day to claim it, it shall go to the king.
(42) If a man who has three or more children is killed, and someone is
accused by one of the children of having killed his father, but is not
convicted, and the court gives him a certificate that he did not commit
the crime, the other children shall not renew the charge against him.
(43) If a man enters suit against another, he shall make a deposit with
the judge [to cover expenses?]. He shall not give this deposit to the
judge, but he shall receive it back [after the suit is ended]. (44) If a
man seizes a horse and declares that it was stolen or taken by force
from him, he shall prove it in court. He in whose possession the horse
was found, shall appeal to witnesses and name them and swear by the
saints that he is not practising any deception in appealing to
witnesses. After he has named his witnesses, the man who is called as a
witness shall go with him a reasonable distance [that is, to meet the
witnesses who have been named]. If he cannot produce the witnesses whom
he boasted of having, he shall give security to the judge for the fine
and the expenses to which the man who claimed the horse has been put,
and he shall set a day when he shall appear in court. If he says that he
bought the horse in the public market, he shall restore the horse to its
owner and he shall lose the money which he paid for it. But he shall not
pay a fine. The judge shall not assess a fine for the non-payment of his
fine. (45) If a man claims a piece of property or an inheritance, he
shall not bribe the judge in order to secure a favorable decision. If a
man enters a suit against another [but in the meantime the matter is
settled out of court], he shall pay nothing except the fee of the judge.
(46) If a man who has been wounded does not wish to make charges against
anyone, the judge cannot compel him to do so. (47) If a man is outlawed
or condemned, no one but his heirs shall take his property. (48) If a
man dies without having disposed of his property, it shall go to his
children, if they are his equals in birth. If one of the children dies,
its share goes to its mother, but she cannot dispose of it without the
consent of her heirs. (49) When a child is twelve years old it may
choose whom it will as guardian. The guardian must render an account to
the mother and to the children of his management of the inheritance.
(50) If one man says to another, "You are my property," but the man thus
claimed can prove his freedom, no similar claim shall ever be made
against him again. A man can prove his freedom by the testimony of three
of his mother's relatives and three of his father's relatives. These
witnesses may be either male or female. (51) Playing at dice is not a
crime. (52) If a man is security for anything and dies, his children are
not responsible for the security. If a man is security for a debt, he
must pay it and make everything good. (53) If a man wounds another in
the street within the corporate limits of the city [that is, on ground
which is under the jurisdiction of the city] not in self-defence,
wrongfully, and without provocation, and the wounded man turns and
wounds him and cries for help, but because of his wounds is not able to
reach the court first and make charges against his assailant, and his
assailant, although he was the first to make the attack, maliciously and
insolently comes into court and makes charges, the one who was first
attacked shall come into court on the same day and prove by those who
heard his cry for help that the other was the first to make the attack.
If he can prove this he shall win his case. But he must appear the same
day. (54) If two men who are from Wendish territory, even though they
are not both Wends, wound each other within the corporate limits of the
city, and one of them comes into court and makes charges against the
other according to Wendish law, the other must answer him according to
the same law. (55) When a man dies his wife shall give his sword, his
horse and saddle, and his best coat of mail. She shall also give a bed,
a pillow, a sheet, a table-cloth, two dishes and a towel. Some say that
she should give other things also, but that is not necessary. If she
does not have these things, she shall not give them, but she shall give
proof for each article that she does not have it. (56) If two or more
children inherit these things [named in § 55], the oldest shall take the
sword and they shall share the other things equally. (57) If the
children are minors, the oldest male relative on the father's side, if
he is of the same rank by birth, shall receive all these things [named
in § 55] and preserve them for the children. When they become of age, he
shall give them to them, and in addition, all their property, unless he
can prove that he has used it to their profit, or that it has been
stolen or destroyed by some accident without any fault of his. He shall
also be the guardian of the widow until she remarries, if he is of the
same rank as she is. (58) After giving the above articles the widow
shall take her dower and all that belongs to her; that is, all the
sheep, geese, chests, yarn, beds, pillows, cushions, table linen, bed
linen, towels, cups, candlesticks, linen, woman's clothing, finger
rings, bracelets, headdress, psalters, and all prayer-books, chairs,
drawers, bureaus, carpets, curtains, etc., and there are many other
trinkets which belong to her, such as brushes, scissors, and mirrors,
but I do not mention them. But uncut cloth, and unworked gold and silver
do not belong to her. (59) All the possessions of the man except those
named in § 55 belong to his inheritance. If he has given anything in
pledge, he who has the right to shall redeem it if he wishes to do so.
(60) If one of the children becomes a priest he shall share in the
inheritance equally with his brothers, but not if he becomes a monk.
(61) If a boy is put into a monastery but leaves it before he becomes of
age, he retains his legal status; that is, he may inherit fiefs from his
father and has all the protection of the law of the land. But if a man
becomes a monk, he loses all his rights and fiefs, because he has denied
his military duties. The monks of the monastery which he has entered
shall be witnesses of this. (62) Cases shall be tried in the order in
which they are entered. The plaintiff and the defendant have each the
right to speak three times during the trial. Each one may speak until
the beadle orders him to stop. (63) In all cities it is the law that the
judge shall give decisions. A man who has a representative shall not
speak in court. If the judge asks him whether he agrees to what his
representative says, he must answer Yes or No, or he may ask for
permission to speak. (64) If anyone wishes to challenge a fellow citizen
to an ordeal by duel, he must ask the judge to permit him to challenge
the peace-breaker in a legal manner. If this request is granted, the
accuser may ask how he should challenge so as to have the support of the
law. The answer is, by pulling the defendant at his collar. After the
challenge, he shall tell the defendant why he challenged him. He must
accuse him of having broken the peace either on the king's road, or in a
village. He shall declare in which way the peace was broken. But he must
accuse the defendant of having wounded him and done him violence. And
this he may prove by showing his wounds or scars. Further, he shall
accuse the defendant of having robbed him of his property and of having
taken enough to make an ordeal necessary. He shall accuse him of all
these three crimes at once. If he omits one of these he is deprived of
the privilege of the ordeal.
The honorable _Schoeffen_ and the aldermen of Magdeburg drew up this law
of Magdeburg for the noble duke, Henry, and his citizens of Breslau,
and, if necessary, will aid them in keeping it. They gave it at the
request of Henry the duke and of his citizens of Breslau. In the year
1261....
317. The Schoeffen of Magdeburg give Decisions for Culm, 1338. (German.)
Altmann und Bernheim, no. 172.
See introductory note to no. 316.
1. May aldermen be deposed? To the honorable aldermen of Culm, we the
_Schoeffen_ of Magdeburg, your obedient servants [send greeting]. You
have asked us in your letter whether aldermen may choose other aldermen,
and whether they may choose from among themselves burgomasters and
_Schoeffen_ without the consent of the burggrave. And also whether the
burggrave may depose some of the aldermen and appoint others in their
place. We answer, that the aldermen may choose other aldermen for a
year, and one or two burgomasters from their own number also for a year.
But the burggrave has no right to depose aldermen and put others in
their place.
2. Who shall choose other _Schoeffen_? The _Schoeffen_ shall elect other
_Schoeffen_, and those elected shall remain _Schoeffen_ as long as they
live. The aldermen have no right to elect _Schoeffen_. The burggrave
shall confirm the _Schoeffen_ who are elected.
3. May the aldermen make laws? You have also asked us whether the
aldermen with the consent of their citizens may make laws among
themselves and fix the penalties for offences against them, without the
consent of the burggrave, and whether the aldermen have the right to
collect such penalties and retain them, or shall the burggrave and the
_Schultheiss_ have a share in them. And you have also asked if a man
breaks the laws and refuses to pay the fine, how it is to be collected
from him. We answer, that the aldermen may make laws and fix their
penalties provided these laws do not conflict with the laws of the city.
And they may do this without the consent of the burggrave. And they have
the right to demand the payment of fines, and they may keep them for the
benefit of the city; the burggrave and the _Schultheiss_ shall have no
part in them.
4. What if a man refuses to pay a fine? If a man refuses to pay a fine
but admits that he owes it, the aldermen may seize and imprison him
until he pays it. If he says he does not owe the fine, he shall prove it
by taking an oath by the saints.
5. About false measures. You have further asked whether the aldermen
have jurisdiction over weights and measures, false measures, and the
sale of provisions, and if a man refuses to pay a fine how it shall be
collected. We answer, that aldermen have jurisdiction over the said
things, and that if a man refuses to pay his fine, they may seize and
imprison him until he pays it, as is written above.
6. About damage done to a forest. You asked us if a man cuts wood in a
forest, how he shall pay the damage. We answer, if a man cuts down trees
in another's forest, or cuts his grass, or fishes in his streams, he
shall pay for the damage and a fine besides.
7. How far shall a guest live from the city? You also asked us how far a
man must live from the court if he wishes to have the right of a guest.
We answer, if a guest is accused before the court, if he swears by the
saints that he lives more than twelve miles from the court, he shall
have his trial at once. If a guest enters suit against a citizen in the
same court, the citizen shall answer in court that same day if the guest
demands it.
8. About attaching the property of a guest. You further asked us how you
should proceed, if a man attaches the property of a guest from a far
country, so that justice may be done to both. We answer, if a man
attaches the property of a guest who lives so far away that you cannot
get hold of him, the attachment is not to be put into execution until
the guest is informed of it. If the guest does not then appear to defend
his property, the attached property may be taken.
9. About taxes. You further asked us, if the citizens have property
outside of the territory of the city which they hold from some lord and
from which they receive an income, are they bound to pay the tax which
may be assessed on property outside the city, just the same as they do
on their ordinary property? We answer that, according to the law and
practice of our city, every man must pay taxes on his property outside
as well as inside the city, no matter where it is, and he must take an
oath to its value and pay a tax accordingly.
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 establish
peace. William of Holland was recognized in only a small territory and
was practically helpless to restore order. Under these circumstances the
cities of the Rhine valley determined to take matters into their own
hands, and so made a league for the purpose of protecting their commerce
against the robber barons and other highwaymen who infested all the
roads and streams. We give the document by which the league was formed,
and the one in which is embodied its first legislation.
In the name of the holy and undivided Trinity. The judges, consuls
[aldermen], and all the citizens of Mainz, Cologne, Worms, Speyer,
Strassburg, Basel, and other cities which are bound together in the
league of holy peace, to all the faithful of Christ, greeting in him who
is the author of peace and the ground of salvation.
1. Since now for a long time many of our citizens have been completely
ruined by the violence and wrongs which have been inflicted on them in
the country and along the roads, and through their ruin others have also
been ruined, so that innocent people, through no fault of their own,
have suffered great loss, it is high time that some way be found for
preventing such violence, and for restoring peace in all our lands in an
equitable manner.
2. Therefore we wish to inform all that, with the aid of our Lord Jesus
Christ, the author and lover of peace, and for the purpose of fostering
peace and rendering justice, we have all unanimously agreed on the
following terms of peace: We have mutually bound ourselves by oath to
observe a general peace for ten years from St. Margaret's day [July 13,
1254]. The venerable archbishops, Gerhard of Mainz, Conrad of Cologne,
Arnold of Trier, and the bishops, Richard of Worms, Henry of Strassburg,
Jacob of Metz, Bertold of Basel, and many counts and nobles of the land
have joined us in this oath, and they as well as we have all surrendered
the unjust tolls which we have been collecting both by land and water,
and we will collect them no longer.
3. This promise shall be kept in such a way that not only the greater
ones among us shall have the advantage of this common protection, but
all, the small with the great, the secular clergy, monks of every order,
laymen, and Jews, shall enjoy this protection and live in the
tranquillity of holy peace. If anyone breaks this peace, we will all go
against him with all our forces, and compel him to make proper
satisfaction.
4. In regard to the quarrels or differences which now exist between
members of this peace, or which may hereafter arise, they shall be
settled in the following way: Each city and each lord, who are members
of this league, shall choose four reliable men and give them full
authority to settle all quarrels in an amicable way, or in some legal
manner....
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 by our lord, William [of Holland], king of the
Romans, and to the common advantage of all, both rich and poor alike, we
made the following laws. They are for the benefit of all, both poor and
great, the secular clergy, monks, laymen, and Jews. To secure these
things which are for the public good we will spare neither ourselves nor
our possessions. The princes and lords who take the oath are joined with
us.
1. We decree that we will make no warlike expeditions except those that
are absolutely necessary and determined on by the wise counsel of the
cities and communes. We will mutually aid each other with all our
strength in securing redress for our grievances.
2. We decree that no member of the league, whether city or lord,
Christian or Jew, shall furnish food, arms, or aid of any kind, to
anyone who opposes us or the peace.
3. And no one in our cities shall give credit, or make a loan to them.
4. No citizen of any of the cities in the league shall associate with
such, or give them counsel, aid, or support. If anyone is convicted of
doing so, he shall be ejected from the city and punished so severely in
his property that he will be a warning to others not to do such things.
5. If any knight, in trying to aid his lord who is at war with us,
attacks or molests us anywhere outside of the walled towns of his lord,
he is breaking the peace, and we will in some way inflict due punishment
on him and his possessions, no matter who he is. If he is caught in any
of the cities, he shall be held as a prisoner until he makes proper
satisfaction. We wish to be protectors of the peasants, and we will
protect them against all violence if they will observe the peace with
us. But if they make war on us, we will punish them, and if we catch
them in any of the cities, we will punish them as malefactors.
6. We wish all the cities to destroy all the ferries except those in
their immediate neighborhood, so that there shall be no ferries except
those near the cities which are in the league. This is to be done in
order that the enemies of the peace may be deprived of all means of
crossing the Rhine.
7. We decree that if any lord or knight aids us in promoting the peace,
we will do all we can to protect him. Whoever does not swear to keep the
peace with us, shall be excluded from the general peace.
8. We decree that whoever is in our cities as a pledge [that is, as
security that some contract will be kept] shall have peace from all who
are in the league. We will not permit him to be molested by anyone so
long as he is in one of our cities; but we will defend him, and he may
enter and leave the city as he pleases.
9. But if any such man breaks his oath and flees, he shall be warned
three times by the city, and if he does not return, the creditor, or the
one to whom he had been security, may bring suit against him before the
judges and they shall compel him to continue as security.
10. Above all we wish to affirm that we desire to live in mutual peace
with the lords and all the people of the province, and we wish that each
should preserve all his rights.
11. Under threat of punishment we forbid any citizen to revile the lords
although they may be our enemies. For although we wish to punish them
for the violence they have done us, yet before making war on them we
will first warn them to cease from injuring us.
12. We decree that all correspondence about this matter with the cities
of the lower Rhine shall be conducted from Mainz, and from Worms with
the cities of the upper Rhine. From these two cities all our
correspondence shall be carried on and all who have done us injury shall
be warned. Those who have suffered injury shall send their messengers at
their own expense.
13. We also promise, both lords and cities, to send four official
representatives to whatever place a conference is to be held, and they
shall have full authority from their cities to decide on all matters.
They shall report to their cities all the decisions of the meeting. All
who come with the representatives of the cities or who come to them
[while in session], shall have peace, and no judgment shall be enforced
against them.
14. No city shall receive non-residents, who are commonly called
"pfahlburgers," as citizens.
15. We firmly promise that if any member of the league breaks the peace,
we will proceed against him at once as if he were not a member, and
compel him to make proper satisfaction.
16. We promise that we will faithfully keep each other informed by
letter about our enemies and all others who may be able to do us damage,
in order that we may take timely counsel to protect ourselves against
them.
17. We decree that no one shall violently enter the house of monks or
nuns, of whatever order they may be, or quarter themselves upon them, or
demand or extort food, or any kind of service, from them contrary to
their will. If anyone does this he shall be held as a violator of the
peace.
18. We decree that each city shall try to persuade each of its
neighboring cities to swear to keep the peace. If they do not do so,
they shall be entirely cut off from the peace, so that if anyone does
them an injury, either in their persons or their property, he shall not
thereby break the peace.
19. We wish all members of the league, cities, lords, and all others, to
arm themselves properly and prepare for war, so that whenever we call
upon them we shall find them ready.
20. We decree that the cities between the Mosel and Basel shall prepare
100 war boats, and the cities below the Mosel shall prepare 500, well
equipped with bowmen, and each city shall prepare herself as well as she
can and supply herself with arms for knights and foot-soldiers.
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. This league had its origin in the league between
Hamburg and Lübeck for mutual protection against robbers in 1241. But
these cities had already for a long time been friendly, and had made a
mutual agreement for the protection of the merchants of the one city
when they went to the other. Other cities joined them in the league of
1241. The power and influence of the league grew until it was able to
carry on war and to dictate in political matters to the whole north. The
earliest stages of the development of the league are illustrated by nos.
320-322.
To their honorable and beloved friends, the advocate, aldermen, and
other citizens of Lübeck, the advocate, aldermen, and the commune of
Hamburg, greeting, etc....
We wish you to know that we desire by all means to preserve the mutual
love and friendship which have hitherto existed between you and us. We
desire that we shall have the same law, so that whenever your citizens
come into our city, bringing goods that are unencumbered [that is, about
which there is no dispute or suit pending], they may possess and enjoy
them in peace and security, in the same way as our citizens....
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.
1. If robbers or other depredators attack citizens of either city
anywhere from the mouth of the Trave river to Hamburg, or anywhere on
the Elbe river, the two cities shall bear the expenses equally in
destroying and extirpating them.
2. If anyone who lives outside the city, kills, wounds, beats, or
mishandles, without cause, a citizen of either city, the two cities
shall bear the expenses equally in punishing the offender. We
furthermore agree to share the expenses equally in punishing those who
injure their citizens in the neighborhood of their city and those who
injure our citizens in the neighborhood of our city.
3. If any of their citizens are injured near our city [Lübeck], they
shall ask our officials to punish the offender, and if any of our
citizens are injured near their city [Hamburg], they shall ask their
officials to punish the offender.
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 held
equally guilty with them, and proscribed by all the cities and
merchants....
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 [as a threat to his captors]. (4) Any merchant ransoming him
shall lose all his possessions in all the cities which have the law of
Lübeck. (5) Whoever is proscribed in one city for robbery or theft shall
be proscribed in all. (6) If a lord besieges a city, no one shall aid
him in any way to the detriment of the besieged city, unless the
besieger is his lord. (7) If there is a war in the country, no city
shall on that account injure a citizen from the other cities, either in
his person or goods, but shall give him protection. (8) If any man
marries a woman in one city, and another woman from some other city
comes and proves that he is her lawful husband, he shall be beheaded.
(9) If a citizen gives his daughter or niece in marriage to a man [from
another city], and another man comes and says that she is his lawful
wife, but cannot prove it, he shall be beheaded.
This law shall be binding for a year, and after that the cities shall
inform each other by letter of what decisions they make.
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.
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 merchants of
Cologne, which was the starting-point of the Hanse in London.
Henry [II], by the grace of God, etc., ... to his justiciars, sheriffs,
and all his officials in England, greeting. I command you to guard,
maintain, and protect all the men and citizens of Cologne as if they
were my own subjects and friends, and all their goods, merchandise, and
possessions. You shall not permit them to suffer any loss or damage in
their house in London, which is called their gildhall, or in their
goods, or merchandise, or anything else that belongs to them, because
they are faithful to me, and they are in my ward and protection. They
shall have complete protection, and they shall pay only their customary
tolls, and you shall not exact new tolls from them....
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
M. G. Monumenta Germaniæ Historica; SS., LL., DD., refer to the
divisions Scriptores, Leges, Diplomata, according to which the work is
arranged; folio, 4to, refer to the two forms of the collection.
Scriptores rerum Germanicarum in usum scholarum; chronicles reprinted in
8vo from M. G. SS.
Jaffé, Bibliotheca rerum Germanicarum; 6 vols.
Böhmer, Fontes rerum Germanicarum; 4 vols.
Böhmer-Ficker-Winkelmann, Regesta. Summaries of imperial documents with
indications of the places where they are to be found.
Bouquet Recueil des historiens des Gaules et de la France. French
collection of mediæval sources, in 23 vols.
Documents inédits sur l'histoire de France.
Muratori, Rerum Italicarum Scriptores; collection of chronicles relating
chiefly to the history of Italy in the Middle Age, in 28 vols.
Rolls series, Rerum Britannicarum medii aevi scriptores, or chronicles
and memorials of Great Britain and Ireland during the Middle Ages.
Published under the direction of the Master of the Rolls.
Rymer, Foedera; English public documents, 20 vols.
2. LARGE COLLECTIONS; ECCLESIASTICAL AND PAPAL
Migne, Patrologia; Cursus completus patrologiæ.... Series Latina; acts
and writings of the fathers and popes, 221 vols.
Mansi, Conciliorum amplissima collectio.
Hefele, Conciliengeschichte; quotes or cites in translation many decrees
of councils; 9 vols.
Baronius, Annales ecclesiastici; collection of chronicles relating to
the history of the Roman Catholic church, published in 1598.
Raynaldus, Annales; continuation of Baronius.
Watterich, Pontificum Romanorum vitæ; lives of the popes, 9th to 13th
centuries.
Bullarium Romanum; collection of papal bulls, 450-1550 A.D.
Corpus juris canonici; collection of decrees of councils and popes,
forming the body of the canon or church law.
Liber diurnus; collection of forms of papal documents, letters, grants,
bulls, etc., to serve as models for the papal secretaries.
Duchesne, Liber pontificalis.
3. SPECIAL TOPICS, SELECTED DOCUMENTS, ETC.
Die Chroniken der deutschen Städte vom 14. bis ins 16. Jahrh.; 22 vols.
Huilliard-Bréholles, Historica diplomatica Friderici secundi; 12 vols.
Doeberl, Monumenta Germaniæ Selecta; selected documents referring to the
history of Germany, vols. 3-5, 1037-1250 A.D.
Altmann und Bernheim, Ausgewählte Urkunden; selected documents referring
to the history of Germany in the Middle Age.
Breslau, Diplomata Centum; a collection of one hundred documents
illustrating mediæval diplomatics.
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.
abbot, head of a monastery; see no. 251, chs. 2, 64.
advocate, _advocatus_, representative of church or prelate in secular
affairs; in feudal system regularly a vassal of the church, holding
office and church lands as fief; see no. 296 introduction.
aids, obligations of vassal to his lord; see introductory note to nos.
209-228, and nos. 215-217.
alderman, originally head of a gild; later, regularly member of ruling
council of a city.
allodial land, alod, small freehold, as distinct from tenant-farm; later
in feudal system also applied to family possessions of a noble as
distinct from lands held by title of duke, count, etc.; an instance of
this latter use in no. 90.
anathema, curse, regularly associated with papal excommunication.
apostolic seat, apostolic see, the bishopric of Rome, used as a figure
of speech for pope or papal office.
Augustus, from time of Otto III the title regularly assumed by emperors
after imperial coronation; indicates the theory that mediæval emperors
were successors to Roman emperors.
bailly, bailiff, representative of lord in the villa.
ban, (1) proscription, or outlawry, regularly that pronounced by emperor
against a subject; (2) particular fine paid to emperor or king in
addition to ordinary penalty, usually 60 solidi.
basilica, church, especially early church modelled on Roman public
building called basilica.
_Bauermeister_, see introductory note to section vii.
benefice, _beneficium_, (1) a form of land-holding, practically a fief;
see nos. 197-202 and introduction; (2) lands and income attached to the
office of a canon.
bull, a decree or edict of the pope.
burggrave, the official representative of overlord or king in a city;
later a feudal noble.
canon, (1) a decree of a council or synod; (2) one of the chapter of a
bishop's church.
canon law, ecclesiastical law, the law of the church, based on the
decrees of popes and councils; see no. 33, introduction, and
Bibliography, Corpus juris canonici.
canonical election, election of a church official in accordance with
canon law.
capitulary, decree or edict of Carolingian king or emperor, drawn up
with advice of Frankish assembly.
cardinal, a member of the Sacred College, the advisory body of the pope,
standing next to him in Catholic hierarchy, and intrusted with duty of
electing pope. Members of college have titular offices in the bishopric
of Rome, as cardinal bishops (now 6 in number), cardinal presbyters (now
50), and cardinal deacons (now 14).
chamberlain, see court officials.
chancellor, official at the head of the department intrusted with
drawing up and preserving documents; an important office in every royal
court, frequently held by an ecclesiastic.
chaplain, priest of private church or chapel of great lord or ruler; in
royal courts becomes important member of council and central
administration of king.
chapter, regularly the corporation of the clergy attached to the
bishop's church, including dean, præpositus, cantor, scholasticus,
penitentiarius, treasurer, etc.
confession of St. Peter; see no. 45, note 64.
council, the general assembly of the church, composed of chief clergy
and representatives of lower clergy, and summoned occasionally by pope
or cardinals; see no. 41, note 60, and nos. 169-174.
count, _comes_, the chief official in a county, originally as
representative of the king, later, in feudal system, as feudal lord of
lesser nobles in county.
count palatine, _comes palatinus_, one of chief officials of royal
court; in feudal system, hereditary title attached to certain
possessions, as palatine county of the Rhine in Germany, and of
Champagne in France.
court officials, officers of the royal courts charged with important
departments of central administration: seneschal, steward, chief
official in charge of royal household and domains; chamberlain,
originally officer in charge of royal chamber, later practically
treasurer; cup-bearer, cellarer, or butler, officer in charge of
vineyards; marshal or constable, officer in charge of royal stables,
later of the royal army. These offices in the beginning were of private
nature, were later extended to include important public functions and
became hereditary in hands of great nobles, and then became merely
titular and ceremonial, the real duties being performed by royal
officials and servants. See no. 160, ch. 27, for this last stage, in
Germany.
cupbearer, see court officials.
dean, head of a chapter of canons.
denarius, a small coin, penny, originally silver; see no. 4, I, note 2.
diet, general assembly of the empire, including in final form the great
ecclesiastics and nobles, and representatives of imperial cities; see
nos. 146, 158, 159, 160 for instances.
diocese, ecclesiastical district ruled over by a bishop, made up of
parishes; archdiocese, ecclesiastical district of an archbishop,
comprising several bishoprics.
duke, ruler of a duchy, a great feudal lord, in Germany retaining
character also of a public official to time of Frederick I.
electors, electoral princes, princes of Germany who exercised the right
of electing the emperor; see no. 160 for names of the electors, their
prerogatives, etc.
excommunication, exclusion from the communion of the Catholic church,
entailing loss of rank and privileges on part of church officials, and
of allegiance of subjects on part of secular ruler; ecclesiastical
outlawry.
feudal terms, see introductory note to nos. 209-228.
fief, regularly an estate or territory held from a superior on terms of
personal allegiance and honorable service, usually military support.
_fodrum_, fodder; as an obligation, the duty of supplying provisions for
the royal army.
gild, society or association of merchants of a town, or of artisans of
single trade in a town. Gild of the merchants in many cases represented
the town in the struggle for a charter, and government of many towns was
based on the organization of the gild.
hide, portion of a family in the lands of the village community.
hierarchy of the Catholic church, chief ecclesiastical officials; in
order of authority: pope, cardinals, archbishops, bishops. For lower
grades, see no. 34, note 57.
homage, ceremony of entering into personal dependence on a lord,
preliminary to receiving a fief from him; see nos. 209-214, 218-225.
hundred, division of the county, mainly for judicial purposes; see no.
1, note 1, and no. 4 introduction.
hundred-court, local public court of the hundred; the regular public
court in Germany; see introductory note to section vii.
hundred-man, _centenarius_, _centgraf_, presiding official of the
hundred-court, usually elected by freemen of the hundred; see no. 1,
note 4, and no. 4 introduction.
immunity, freedom from control of public officials; a right attached to
gifts of land from king; see nos. 190-194, and introduction.
indiction, number of a year in a period of 15 years, used as a means of
dating mediæval documents; established by Constantine and beginning with
the year 313 A.D. To find the indiction of a year, add 3 to the number
of the year and divide by 15; the remainder is the indiction of the
year; if there is no remainder, the indiction is 15.
indulgence, see no. 179 introduction.
insignia, symbols of office, commonly referring to royal or imperial
symbols; see nos. 158, 159, and 160, ch. 22, for insignia of emperor.
interdict, prohibition of performance of church services and sacraments,
pronounced by ecclesiastical authority against a district or a country,
frequently for the sins of its ruler.
investiture, the ceremony of induction into office, whether
ecclesiastical or secular.
justice, in feudal system technically right of lord to try cases of
inhabitants of his fief in his feudal court; see no. 228, 1, note 94;
as a revenue, income from fines in feudal justice.
king of the Romans, title used by German kings from the time of Henry
III before the imperial coronation; later also used by son of the
emperor associated in the rule with his father.
landgrave, a feudal noble, practically the same as feudal count.
legate, special representative of the pope; see no. 66 introduction.
liege homage, see no. 218 introduction.
margrave, the official in control of a mark or frontier county; later a
feudal noble.
marshal, see court officials.
metropolitan, as a noun, archbishop; as an adjective, archiepiscopal.
ministerial, servant of the king or great lord in Germany; being endowed
with land and used as mounted followers in war, they become a lower
nobility; see no. 297 introduction.
missi, in general, representatives of central government sent into local
districts; in particular, the officials sent out annually by Karl the
Great and his successors to oversee the administration of local
officials, etc.; see no. 9 introduction.
notary, lower official in the department of the chancellor.
patriarch, in the west, honorary title attached to certain bishoprics,
as patriarch of Aquileia; in East, bishop of highest rank, as patriarch
of Constantinople.
_patricius_, see no. 48 introduction.
patrimony, estate or territory belonging to the pope as possession of
office; Patrimony of St. Peter, land about Rome which was the basis of
the states of the church.
Petrine theory, see no. 35.
pfahlburgers, _phalburgii_; see no. 139, sec. 10.
pontificate, papacy, period of rule of a pope.
pope, bishop of Rome and head of the church; titles: vicar of Christ,
vicar of St. Peter, apostolic, universal, servant of the servants of
God, etc.
_præpositus_, prévôt, provost, (1) member of chapter of canons, in
charge of lands of the chapter; (2) a layman in charge of domain lands
of a bishop; (3) the representative of great lord or king in local
regions; (4) the chief of a gild, or the mayor of a city.
precarium, see introductory note to nos. 184-188.
prior, chief official under the abbot in a monastery; also ruler of a
priory or small congregation of monks dependent on a monastery.
regalia, sovereign rights, or rights of the crown; see no. 83, no. 103
and introduction.
_Schoeffen_, _scabini_, originally board of judges for each
hundred-court, established as a judicial reform by Karl the Great; from
these develop _Schoeffen_ of feudal domains and cities, as judges in the
courts there.
_Schultheiss_, originally subordinate official of the count, who becomes
presiding officer of lower public courts in Germany; name used also for
presiding officer of court on territory of feudal lord, and in cities
under jurisdiction of lord; see introductory note to section vii.
seneschal, see court officials.
senior, see no. 208, note.
serf, unfree tenant on a feudal estate, paying rent and services to the
lord, bound to the soil, and subject to the jurisdiction of the lord's
officials.
simony, use of money or secular influence to secure an ecclesiastical
office; generally, securing of such an office by any means other than
canonical election.
solidus, a gold or silver coin, shilling, containing 12 denarii; see no.
4, I, note 11.
suffragan bishop, one who has the right of voting for his archbishop.
synod, local council of bishopric or archbishopric summoned by the
prelate.
vassal, one who has promised allegiance and fidelity to a superior, from
whom he holds a fief.
villa, village or community of tenants and serfs on feudal domain,
corresponding to English manor; the unit of organization of feudal
estates.
wergeld, compensation for manslaughter, paid to the kindred of the slain
man by slayer or his kindred; see no. 1, ch. 21, note 6, and no. 4, XLI,
note 12.