11. Every year at the three great festivals, Christmas, Easter, and St.

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.

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