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diff --git a/old/42707-8.txt b/old/42707-8.txt deleted file mode 100644 index 3c4e3ed..0000000 --- a/old/42707-8.txt +++ /dev/null @@ -1,23623 +0,0 @@ -The Project Gutenberg EBook of A Source Book for Mediaeval History, by -Oliver J. Thatcher and Edgar Holmes McNeal - -This eBook is for the use of anyone anywhere at no cost and with -almost no restrictions whatsoever. You may copy it, give it away or -re-use it under the terms of the Project Gutenberg License included -with this eBook or online at www.gutenberg.org - - -Title: A Source Book for Mediaeval History - Selected Documents illustrating the History of Europe in the Middle Age - -Author: Oliver J. Thatcher - Edgar Holmes McNeal - -Release Date: June 9, 2013 [EBook #42707] - -Language: English - -Character set encoding: ISO-8859-1 - -*** START OF THIS PROJECT GUTENBERG EBOOK MEDIAEVAL HISTORY *** - - - - -Produced by Andrew Sly, David Edwards and the Online -Distributed Proofreading Team at http://www.pgdp.net (This -file was produced from images of public domain material -generously made available by The Online Library of Liberty.) - - - - - - - - A SOURCE BOOK FOR - MEDIÆVAL HISTORY - - SELECTED DOCUMENTS ILLUSTRATING - THE HISTORY OF EUROPE IN - THE MIDDLE AGE - - BY - OLIVER J. THATCHER, Ph.D. - AND - EDGAR HOLMES McNEAL, Ph.D. - PROFESSOR OF EUROPEAN HISTORY IN THE OHIO STATE UNIVERSITY - - CHARLES SCRIBNER'S SONS - NEW YORK CHICAGO BOSTON - - -_Copyright, 1905, by_ CHARLES SCRIBNER'S SONS - -Printed In the United States of America - - - -PREFACE - -The use of original sources in the teaching of mediæval history is still -hampered by the scarcity of material adapted to the needs of the -student. This situation is sufficient excuse for the publication of a -new book of translations of important mediæval documents, if such a book -does more than reedit old material--if it presents, along with the usual -and familiar sources, documents not elsewhere translated or brings -together documents not otherwise easily accessible. We believe the -present work does that, and that it also makes the use of this material -more practicable by giving fuller notes and explanations than has -usually been attempted. - -Our purpose in general has been to present material touching only what -may be called the most important matters (persons, events, movements, -institutions, and conditions) of the whole mediæval period. We have not -tried to make a complete source-book for the period, but only to offer -in usable form illustrative material which may be of service to both -teacher and student in general or information courses. Each document is -meant to illustrate or illumine one particular thing. While it may throw -light on many other things, the teacher should be warned not to attempt -to deduce from these few documents the whole history and life of the -Middle Age. - -We are fully aware that in the choice of documents we shall not please -all. Many of the documents here given are clearly essential and must be -found in such a book as we have tried to make. Concerning all such there -can be no question. As to the others, there are hundreds of documents -which would serve our purpose quite as well as those we have used, -perhaps even better. In making our selections we have been guided by a -great variety of considerations which it would be useless to enumerate. -While another would have made a different selection, we believe that the -documents which we present really illustrate the matter in question, and -therefore will be found satisfactory. With this we shall be quite -content. The necessity of selection has also led us to omit the -political history of France and England. We felt that we could properly -leave out English documents, because there are already several excellent -collections of English sources, such as those of Lee, Colby, Adams, and -Stephens, etc. In regard to France we were in doubt for some time, but -the desire to keep the size of the book within certain limits at length -prevailed. We hope, however, to atone for this omission by publishing -soon a small collection of documents relating exclusively to France. - -It will be observed that we have made use chiefly of documents, quoting -from chronicles only when it seemed absolutely necessary. An exception -to this general principle is found in section I, where a larger use of -chronicles was rendered necessary by the lack of documentary sources for -much of the period covered; but it is perhaps unnecessary to apologize -for presenting selections from the important histories of Tacitus, -Gregory, Einhard, and Widukind. In the matter of form (translation, -omissions, arrangements, notes, etc.), we were guided by considerations -of the purpose of the book. The style of most of the documents in the -original is involved, obscure, bombastic, and repetitious. A faithful -rendition into English would often be quite unintelligible. We have -endeavored to make a clear and readable translation, but always to give -the correct meaning. If we have failed in the latter it is not for want -of constant effort. We have not hesitated to omit phrases and clauses, -often of a parenthetical nature, the presence of which in the -translation would only render the passage obscure and obstruct the -thought. As a rule we have given the full text of the body of the -document, but we have generally omitted the first and last paragraphs, -the former containing usually titles and pious generalities, and the -latter being composed of lists of witnesses, etc. We have given a -sufficient number of the documents in full to illustrate these features -of mediæval diplomatics. All but the most trivial omissions in the text -(which are matters rather of form of translation) are indicated thus: -... Insertions in the text to explain the meaning of phrases are -inclosed in brackets [ ]. Quotations from the Bible are regularly given -in the words of the Authorized Version, but where the Latin (taken from -the Vulgate) differs in any essential manner, we have sometimes -translated the passage literally. - -Within each section the documents are arranged in chronological order, -except in a few cases where the topical arrangement seemed necessary. We -believe that the explanatory notes in the form of introductions and -foot-notes will be found of service; they are by no means exhaustive, -but are intended to explain the setting and importance of the document -and the difficult or obscure passages it may contain. The reference to -the work or the collection in which the original is found is given after -the title of practically every document; the meaning of the references -will be plain from the accompanying bibliography. The original of nearly -all the documents is in Latin; some few are in Greek, Old French, or -German, and in such cases the language of the original is indicated. - -It is impossible, of course, to give explicit directions as to the use -of the book, other than the very obvious methods of requiring the -student to read and analyze the documents assigned in connection with -the lesson in the text-book, and of making clear to him the relation of -the document to the event. It may be possible also for the teacher to -give the student some notion of the meaning of "historical method"; -_e.g._, the necessity of making allowance for the ignorance or the bias -of the author in chronicles, or the way in which a knowledge of -institutions is deduced from incidental references in documents. -Suggestions of both sorts will be found in the introduction and notes. -The teacher should insist on the use of such helps as are found in the -book: notes, cross-references, glossary, etc. Groups of documents can be -used to advantage in topical work: assigned topics worked up from -authorities can be illustrated by documents selected from the book; -_e.g._, imperial elections, papal elections, the Normans in Sicily, -history of the Austrian dominions, Germans and Slavs on the eastern -frontier, relations of the emperors and the popes before the investiture -strife, etc. - - - - -TABLE OF CONTENTS - - page - -Section I. The Germans and the Empire to 1073 1-81 - - 1. Selections from the Germania of Tacitus, _ca._ 100 2 - 2. Procopius, Vandal war 11 - 3. Procopius, Gothic war 12 - 4. The Salic law, _ca._ 500 14 - 5. Selections from Gregory of Tours 26 - 6. The coronation of Pippin, 751 37 - 7. Einhard's Life of Karl the Great 38 - 8. The imperial coronation of Karl the Great, 800 48 - 9. General capitulary about the _missi_, 802 48 - 10. Selections from the Monk of St. Gall 51 - 11. Letter of Karl the Great to Baugulf, 787 55 - 12. Letter of Karl about the sermons of Paul the Deacon 56 - 13. Recognition of Karl by the emperors at Constantinople, 812 57 - 14. Letter of Karl to emperor Michael I, 813 58 - 15. Letter to Ludwig the Pious about a comet, 837 59 - 16. The Strassburg oaths, 842 60 - 17. The treaty of Verdun, 843. Annales Bertiniani 62 - 18. The treaty of Verdun. Regino 63 - 19. The treaty of Meersen, 870 64 - 20. Invasion of the Northmen, end of the ninth century 65 - 21. Invasion of the Hungarians, _ca._ 950 65 - 22. Dissolution of the empire. Regino 66 - 23. The coronation of Arnulf, 896. Regino 69 - 24. Rise of the tribal duchies in Germany, _ca._ 900. Saxony 69 - 25. Rise of the tribal duchies. Suabia 70 - 26. Henry I and the Saxon cities 71 - 27. The election of Otto I, 936 72 - 28. Otto I and the Hungarians, 955 75 - 29. The imperial coronation of Otto I, 962 78 - 30. The acquisition of Burgundy by the empire, 1018-32. - Thietmar of Merseburg 79 - 31. The acquisition of Burgundy. Wipo, Life of Conrad II 79 - 32. Henry III and the eastern frontier, 1040-43 80 - -Section II. The Papacy to the Accession of Gregory VII, 1073 82-131 - - 33. Legislation concerning the election of bishops, - fourth to ninth centuries 83 - 34. Pope to be chosen from the cardinal clergy 84 - 35. The Petrine theory as stated by Leo I, 440-461 85 - 36. The emperor gives the pope secular authority, 554 86 - 37. Letter from the church at Rome to the emperor at - Constantinople, _ca._ 650 87 - 38. Letter from the church at Rome to the exarch of - Ravenna, _ca._ 600 89 - 39. Gregory I sends missionaries to the English, 596. Bede 92 - 40. The oath of Boniface to Gregory II, 723 93 - 41. Letter of Gregory II to emperor Leo III, 726 or 727 95 - 42. Gregory III excommunicates iconoclasts, 731 101 - 43. Letter of Gregory III to Karl Martel, 739 101 - 44. Promise of Pippin to Stephen II, 753, 754 102 - 45. Donation of Pippin, 756 104 - 46. Promise of Karl to Adrian I, 774 105 - 47. Letter of Karl to Leo III, 796 107 - 48. Karl exercises authority in Rome, 800 108 - 49. Oath of Leo III before Karl, 800 108 - 50. Oath of the Romans to Ludwig the Pious and Lothar, 824 109 - 51. Letter of Ludwig II to Basil, emperor at - Constantinople, 871 110 - 52. Papal elections to be held in the presence of the - emperor's representatives, 898 113 - 53. Oath of Otto I to John XII, 961 114 - 54. Otto I confirms the pope in the possession of his - lands, 962 115 - 55. Leo VIII grants the emperor the right to choose - popes, 963 118 - 56. Letter of Sylvester II to Stephen of Hungary, 1000 119 - 57. Henry III deposes and creates popes, 1048 121 - 58. Oath of Robert Guiscard to Nicholas II, 1059 124 - 59. Papal election decree of Nicholas II, 1059 126 - -Section III. The Struggle between the Empire and the - Papacy, 1073-1250 132-259 - - 60. Prohibition of simony and marriage of the clergy, 1074 134 - 61. Simony and celibacy; Roman council, 1074 134 - 62. Celibacy, 1074 135 - 63. Celibacy, ninth general council in the Lateran, 1123 135 - 64. Prohibition of lay investiture, 1078 136 - 65. Dictatus papæ, _ca._ 1090 136 - 66. Letter of Gregory VII commending his legates, 1074 139 - 67. Oath of the patriarch of Aquileia to Gregory VII, 1079 140 - 68. Oath of Richard of Capua to Gregory VII, 1073 140 - 69. Letter of Gregory VII to the princes wishing to - reconquer Spain, 1073 142 - 70. Letter of Gregory VII to Wratislav, duke of Bohemia, 1073 143 - 71. Letter of Gregory VII to Sancho, king of Aragon, 1074 143 - 72. Letter of Gregory VII to Solomon, king of Hungary, 1074 144 - 73. Letter of Gregory VII to Demetrius, king of Russia, 1075 145 - 74. Letter of Gregory VII to Henry IV, 1075 146 - 75. Deposition of Gregory VII by Henry IV, 1076 151 - 76. Letter of the bishops of Germany to Gregory VII, 1076 153 - 77. First deposition and excommunication of Henry IV by - Gregory VII, 1076 155 - 78. Agreement at Oppenheim, 1076 156 - 79. Edict annulling the decrees against Gregory VII, 1076 157 - 80. Letter of Gregory VII concerning the penance of Henry IV - at Canossa, 1077 157 - 81. Oath of Henry IV 160 - 82. Countess Matilda gives her lands to the church, 1102 160 - 83. First privilege of Paschal II to Henry V, 1111 161 - 84. Second privilege of Paschal II to Henry V, 1111 163 - 85. Concordat of Worms, 1122. Promise of Calixtus II 164 - 86. Concordat of Worms. Promise of Henry V 165 - 87. Election notice, 1125 166 - 88. Anaclete II gives title of king to Roger of Sicily, 1130 168 - 89. Coronation oath of Lothar II, 1133 169 - 90. Innocent II grants the lands of Countess Matilda to - Lothar II, 1133 170 - 91. Letter of Bernard of Clairvaux to Lothar II, 1134 171 - 92. Letter of Bernard of Clairvaux to Conrad III, 1140 172 - 93. Letter of Conrad III to John Comnenus, 1142 173 - 94. Letter of Wibald, abbot of Stablo, to Eugene III, 1150 174 - 95. Letter of Frederick I to Eugene III, 1152 176 - 96. Answer of Eugene III, 1152 178 - 97. Treaty of Constance, 1153 178 - 98. Stirrup episode, 1155 180 - 99. Treaty of Adrian IV and William of Sicily, 1156 181 - 100. Letter of Adrian IV to Frederick I, 1157 183 - 101. Manifesto of Frederick I, 1157 186 - 102. Letter of Adrian IV to Frederick I, 1158 187 - 103. Definition of regalia, 1158 188 - 104. Letter of Eberhard, bishop of Bamberg, 1159 190 - 105. Letter of Alexander III in regard to disputed papal - election of 1159 192 - 106. Letter of Victor IV, 1159 194 - 107. Account given by Gerhoh of Reichersberg, _ca._ 1160 196 - 108. Preliminary treaty of Anagni, 1176 196 - 109. Peace of Constance, 1183 199 - 110. Formation of the duchy of Austria, 1156 202 - 111. The bishop of Würzburg becomes a duke, 1168 203 - 112. Decree of Gelnhausen, 1180 205 - 113. Papal election decree of Alexander III, 1179 207 - 114. Innocent III to Acerbius, 1198 208 - 115. Innocent III grants the pallium to the archbishop of - Trnova, 1201 208 - 116. Innocent III to the archbishop of Auch, 1198 209 - 117. Innocent III commands all in authority to aid his - legates, 1198 210 - 118. Innocent III to the king of Aragon, 1206 211 - 119. Innocent III to the French bishops, 1198 211 - 120. Innocent III forbids violence to the Jews, 1199 212 - 121. Innocent III to the archbishop of Rouen, 1198 213 - 122. Innocent III forbids laymen to demand tithes from the - clergy, 1198 213 - 123. Oath of the prefect of Rome to Innocent III, 1198 214 - 124. Oath of John of Ceccano to Innocent III, 1201 215 - 125. Innocent III to the archbishop of Messina, 1203 216 - 126. Innocent III to the English barons, 1206 217 - 127. Innocent III to Peter of Aragon, 1211 218 - 128. Innocent III grants the title of king to the duke of - Bohemia, 1204 218 - 129. Innocent III to the English barons, 1216 219 - 130. Innocent III decides the disputed election of Frederick, - Philip of Suabia, and Otto, 1201 220 - 131. Treaty between Philip of Suabia and Philip II of France, - 1198 227 - 132. Alliance between Otto IV and John of England, 1202 228 - 133. Concessions of Philip of Suabia to Innocent III, 1203 228 - 134. Promise of Frederick II to Innocent III, 1213 230 - 135. Promise of Frederick II to resign Sicily, 1216 232 - 136. Concessions of Frederick II to the ecclesiastical - princes, 1220 233 - 137. Decision of the diet concerning new tolls and mints, 1220 236 - 138. Frederick II gives a charter to the patriarch of - Aquileia, 1220 237 - 139. Statute of Frederick II in favor of the princes, 1231-32 238 - 140. Treaty of San Germano, 1230. Preliminary agreement 240 - 141. Papal stipulations in treaty of San Germano 242 - 142. Letter of Gregory IX about the emperor's visit, 1230 244 - 143. Papal charges and imperial defence, 1238 245 - 144. Excommunication of Frederick II, 1239 254 - 145. Current stories about Frederick II. Matthew of Paris 256 - -Section IV. The Empire, 1250-1500 260-308 - - 146. Diet of Nürnberg, 1274 260 - 147. The German princes confirm Rudolf's surrender of Italy, - 1278-79 263 - 148. Revocation of grants of imperial lands, 1281 265 - 149. Electoral "letter of consent," 1282 265 - 150. Letter of Rudolf to Edward I of England, 1283 266 - 151. Decree against counterfeiters, 1285 267 - 152. The beginning of the Swiss confederation, 1290 267 - 152 a. Edict of Rudolf, in regard to Schwyz, 1291 269 - 153. Concessions of Adolf of Nassau to the archbishop of - Cologne, 1292 270 - 154. The archbishop of Mainz confirmed as archchancellor of - Germany, 1298 276 - 155. Declaration of the election of Henry VII, 1308 277 - 156. Supplying of the office of archchancellor of Italy, 1310 278 - 157. The law "Licet juris," 1338 279 - 158. The diet of Coblenz, 1338. Chronicle of Flanders 281 - 159. The diet of Coblenz. Chronicle of Henry Knyghton 282 - 160. The Golden Bull of Charles IV, 1356 283 - 160 a. Complaint of the cities of Brandenburg to - Sigismund, 1411 306 - 160 b. Sigismund orders the people to receive Frederick of - Hohenzollern as governor, 1412 307 - -Section V. The Church, 1250-1500 309-340 - - 161. Bull of Nicholas III condemning heretics, 1280 309 - 162. Bull "Clericis laicos" of Boniface VIII, 1298 311 - 163. Boniface VIII announces the jubilee year, 1300 313 - 164. The bull "Unam sanctam" of Boniface VIII, 1302 314 - 165. The conclusions of Marsilius of Padua, 1324 317 - 166. Condemnation of Marsilius of Padua, 1327 324 - 167. Beginning of the schism; manifesto of the revolting - cardinals, 1378 325 - 168. The University of Paris and the schism, 1393 326 - 169. Council of Pisa declares itself competent to try - popes, 1409 327 - 170. Oath of the cardinals, council of Pisa, 1409 328 - 171. Council of Constance claims supreme authority, 1415 328 - 172. Reforms demanded by the council of Constance, 1417 329 - 173. Concerning general councils, council of Constance, 1417 331 - 174. Bull "Execrabilis" of Pius II, 1459 332 - 175. William III of Saxony forbids appeals to foreign - courts, 1446 333 - 176. Establishment of the university of Avignon, 1303 334 - 177. Popular dissatisfaction with the wealth of the church, - _ca._ 1480 336 - 178. Complaints of the Germans against the pope, 1510 336 - 179. Abuses in the sale of indulgences, 1512 338 - -Section VI. Feudalism 341-387 - - 180. Form for the creation of an "antrustio" by the king 342 - 181. Form for suspending lawsuits 343 - 182. Form for commendation 343 - 183. Form for undertaking lawsuits 344 - 184. Form for gift of land to a church 345 - 185. Form for precarial letter 346 - 186. Form for precarial letter 347 - 187. Form for precarial letter 347 - 188. Form for gift of land to be received back and held - in perpetuity for a fixed rent 348 - 189. Treaty of Andelot, 587 348 - 190. Precept of Chlothar II, 584-628 350 - 191. Grant of immunity to a monastery, 673 351 - 192. Form for grant of immunity to a monastery 352 - 193. Form for grant of immunity to a secular person 352 - 194. Grant of immunity to a secular person, 815 353 - 195. Edict of Chlothar II, 614 355 - 196. Capitulary of Kiersy, 877 355 - 197. Capitulary of Lestinnes, 743 357 - 198. Capitulary of Aquitaine, 768 357 - 199. Capitulary of Heristal, 779 358 - 200. General capitulary to the missi, 802 358 - 201. Capitulary to the missi, 806 358 - 202. Capitulary of 807 359 - 203. General capitulary to the missi, 805 359 - 204. Capitulary of 811 359 - 205. Capitulary of Worms, 829 360 - 206. Capitulary of Aachen, 801-813 360 - 207. Agreement of Lothar, Ludwig, and Charles, 847 360 - 208. Capitulary of Bologna, 811 361 - 209. Homage 363 - 210. Homage 364 - 211. Homage 364 - 212. Homage 364 - 213. Homage 364 - 214. Homage of Edward III to Philip VI, 1329 365 - 215. Feudal aids 367 - 216. Feudal aids 367 - 217. Feudal aids, etc 367 - 218. Homage of the count of Champagne to the duke of - Burgundy, 1143 368 - 219. Homage of the count of Champagne to Philip II, 1198 369 - 220. Homage of the count of Champagne to the duke of - Burgundy, 1200 371 - 221. Letter of Blanche of Champagne to Philip II, 1201 371 - 222. Letter of Philip II to Blanche 372 - 223. Homage of the count of Champagne to the bishop of - Langres, 1214 372 - 224. Homage of the count of Champagne to the bishop of - Châlons, 1214. 373 - 225. Homage of the count of Champagne to the abbot of St. - Denis, 1226 373 - 226. List of the fiefs of the count of Champagne, - _ca._ 1172 374 - 227. Sum of the knights of the count of Champagne 375 - 228. Extent of the domain lands of the count of - Champagne, _ca._ 1215 377 - 229. Feudal law of Conrad II, 1037 383 - 230. Feudal law of Frederick I for Italy, 1158 385 - -Section VII. Courts, Judicial Processes, and the Peace 388-431 - - 231. Sachsenspiegel 391 - 232. Frederick II appoints a justiciar and a court - secretary, 1235 398 - 233. Peace of Eger, 1389 399 - 234. Ordeal by hot water 401 - 235. Ordeal by hot iron 404 - 236. Ordeal by cold water 406 - 237. Ordeal by cold water 408 - 238. Ordeal by the barley bread 409 - 239. Ordeal by bread and cheese 410 - 240. Peace of God, 989 412 - 241. Peace of God, 990 412 - 242. Truce of God, 1035-41 414 - 243. Truce of God, _ca._ 1041 416 - 244. Truce of God, 1063 417 - 245. Peace of the land, Henry IV, 1103 419 - 246. Peace of the land for Elsass, 1085-1103 419 - 247. Decree of Frederick I concerning the peace, 1156 422 - 248. Peace of the land for Italy, Frederick I, 1158 425 - 249. Perpetual peace of the land, Maximilian I, 1495 427 - 250. Establishment of a supreme court, 1495 430 - -Section VIII. Monasticism 432-509 - - 251. The rule of St. Benedict, _ca._ 530 432 - 252. Oath of the Benedictines 485 - 253. Monk's vow 485 - 254. Monk's vow 485 - 255. Monk's vow 486 - 256. Monk's vow 486 - 257. Written profession of a monk 486 - 258. Ceremony of receiving a monk into the monastery 488 - 259. Offering of a child to the monastery 489 - 260. Offering of a child to the monastery 489 - 261. Commendatory letter 489 - 262. Commendatory letter 490 - 263. General letter 490 - 264. Letter of dismissal 490 - 265. Rule of St. Chrodegang, _ca._ 744 491 - 265 a. Origin of the Templars, 1119 492 - 266. Anastasius IV grants privileges to the Knights of - St. John, 1154 494 - 267. Innocent III to the bishops of France; simony in the - monasteries, 1211 496 - 268. Innocent III grants the use of the mitre to the abbot - of Marseilles, 1204 497 - 269. Rule of St. Francis, 1223 498 - 270. Testament of St. Francis, 1220 504 - 271. Innocent IV grants friars permission to ride on - horseback, 1250 508 - 272. Alexander IV condemns attacks on the friars, 1256 508 - 273. John XXII condemns the theses of John of Poilly, 1320 509 - -Section IX. The Crusades 510-544 - - 274. Origen, Exhortation to martyrdom, 235 510 - 275. Origen, Commentary on Numbers 511 - 276. Leo IV (847-855); indulgences for fighting the heathen 511 - 277. John II; indulgences for fighting the heathen, 878 512 - 278. Gregory VII calls for a crusade, 1074 512 - 279. Speech of Urban II at the council of Clermont, 1095. - Fulcher of Chartres 513 - 280. Speech of Urban II. Robert the Monk 518 - 281. Truce of God and indulgences proclaimed at the - council of Clermont 521 - 282. Ekkehard of Aura, Hierosolimita; the first crusade 522 - 283. Anonymi Gesta Francorum, 1097-99 523 - 284. Eugene III announces a crusade, 1145 526 - 285. Otto of St. Blasien; the third crusade, 1189-90 529 - 286. Innocent III forbids the Venetians to traffic with - the Mohammedans, 1198 535 - 287. Innocent III takes the king of the Danes under - his protection, 1210 537 - 288. Innocent III announces a crusade, 1215 537 - -Section X. Social Classes and Cities in Germany 545-612 - - 289. Otto III forbids the unfree classes to attempt to - free themselves, _ca._ 1000 545 - 290. Henry I frees a serf, 926 546 - 291. Henry III frees a female serf, 1050 547 - 292. Recovery of fugitive serfs, 1224 548 - 293. Rank of children born of mixed marriages, 1282 549 - 294. Frederick II confers nobility, _ca._ 1240 549 - 295. Charles IV confers nobility on a "doctor of - both laws," 1360 550 - 296. Law of the family of the bishop of Worms, 1023 551 - 297. Charter of the ministerials of the archbishop of - Cologne, 1154 563 - 298. The bishop of Hamburg grants a charter to - colonists, 1106 572 - 299. Privilege of Frederick I for the Jews, 1157 573 - 300. The bishop of Speyer grants a charter to the Jews, 1084 577 - 301. Lothar II grants a market to the monastery of Prüm, 861 579 - 302. Otto I grants a market to the archbishop of Hamburg, 965 580 - 303. Otto III grants a market to count Berthold, 999 581 - 304. Merchants cannot be compelled to come to a market, 1236 581 - 305. Market courts to be independent of local courts, 1218 582 - 306. Otto I grants jurisdiction over a town to the abbots - of New Corvey, 940 582 - 307. The ban-mile, 1237 583 - 308. Citizens of Cologne expel their archbishop, 1074 584 - 309. People of Cologne rebel against their archbishop, 1074 585 - 310. Confirmation of the "immediateness" of the citizens of - Speyer, 1267 586 - 311. Summons to an imperial city to attend a diet, 1338 587 - 312. Grant of municipal freedom to a town, 1201 587 - 313. Extension of the corporate limits of the city of - Brunswick, 1269 588 - 314. Decision of the diet about city councils in - cathedral towns, 1218 589 - 315. Frederick II forbids municipal freedom, 1231-32 590 - 316. Breslau adopts the charter of Magdeburg, 1261 592 - 317. The Schoeffen of Magdeburg give decisions for - Culm, 1338 602 - 318. Establishment of the Rhine league, 1254 604 - 319. Peace established by the Rhine league, 1254 606 - 320. Agreement between Hamburg and Lübeck, _ca._ 1230 609 - 321. Agreement between Hamburg and Lübeck, 1241 610 - 322. Lübeck, Rostock, and Wismar proscribe pirates, 1259 610 - 323. Decrees of the Hanseatic league, 1260-64 611 - 324. Decrees of the Hanseatic league, 1265 612 - 325. Henry II grants Cologne merchants privileges in - London, 1157 612 - Bibliography 613 - Glossary 615 - - - - -A SOURCE BOOK FOR MEDIÆVAL HISTORY - - - - -I. THE GERMANS AND THE EMPIRE TO 1073 - - -The documents in this section are intended to illustrate the history of -the Germans from the period before the migrations to the beginning of -the struggle between the empire and the papacy, 1073. The historical -development of this period resulted in the formation of the Holy Roman -Empire, as the form of government for western Europe. The civilization -of the Middle Age was in the main the result of the union of Roman and -German elements. This union was brought about by the invasion of the -Roman empire by the tribes of German blood that lay along and back of -the frontier of the empire. It is important, therefore, to understand -the character of the German race and institutions, which are illustrated -by nos. 1 to 4. The leaders and organizers of the Germans after the -settlement were the Franks, who under the Merovingian and Carolingian -lines of rulers united the German tribes and bound them together in one -great state. This movement is shown in nos. 5 to 14. In this development -the life of Karl the Great (nos. 7 to 14) is of especial importance, -because of the permanent result of much of his work, particularly his -organization of the government (nos. 7 to 9), and his founding of the -empire by the union of Italy and Germany (nos. 8, 13, and 14). The -dissolution of his vast empire, resulting in the formation of France as -a separate state, and in the appearance of the feudal states, is shown -in nos. 15 to 22. In the rest of the documents the history of Germany -and Italy, the real members of the empire, is followed. Of this the -important features are: the continued connection of Germany with Italy -(nos. 23 and 29), resulting in the restoration of the empire by Otto I; -the feudal organization of Germany (nos. 24, 25, and 27); and the -increase of the German territory toward the east (nos. 26, 28, 32). This -brings the history down to the accession of Henry IV, with whom begins -the long conflict between the empire and papacy which is treated in -section III. - - - -1. Selections from the Germania of Tacitus, _ca._ 100 A.D. - - -The _Germania_ of the Roman historian Tacitus (54-119 A.D.) is a -treatise on the manners, customs, and institutions of the Germans of his -time. It is one of the most valuable sources of knowledge of the -condition of the Germans before the migrations. These sources are mainly -of two kinds: the accounts of contemporary writers, chiefly Roman -authors; and the documentary sources of the period of the tribal -kingdoms, particularly the tribal laws, such as the laws of the Salic -Franks (see no. 4), Burgundians, Anglo-Saxons, etc. It will be evident -to the student that the sources of both kinds fall short of realizing -the needs of historical trustworthiness: the first kind, because the -Roman authors were describing institutions and customs which they knew -only superficially or from a prejudiced point of view; the second, -because the laws and documents of the tribal period reflect a stage of -development which had changed considerably from the primitive stage. -Conclusions in regard to the conditions of the Germans in the early -period are based on the careful criticism of each single document and on -a comparison of each with all the others. Some indication of this method -is suggested in the notes to nos. 1 and 4. Even at best the results are -subject to uncertainty. The _Germania_ of Tacitus is the clearest and -most complete of the sources of the first type, but it is not free from -obscurity. Since there are numerous editions of it, we have not thought -it necessary to refer to any particular one. - -5. The land [inhabited by the Germans] varies somewhat in character from -one part to another, but in general it is covered with forests and -swamps, and is more rainy on the side toward Gaul and bleaker toward -Noricum and Pannonia. It is moderately fertile, but not suited to the -growing of fruit trees; it supports great numbers of cattle, of small -size, however. - -6. Iron is not abundant, as appears from the character of the weapons of -the inhabitants; for they rarely use swords or the larger spears; -instead they carry darts with small, narrow heads, which they call -_frameæ_. But these are so sharp and so easily handled that they are -used in fighting equally well at a distance and at close quarters.... -The number of warriors is definitely fixed, one hundred coming from each -district, and the warriors are known by that name [_i.e._, hundred]; so -that what was originally a number has come to be a name and a title.{1} - -7. Kings are chosen for their noble birth;{2} military leaders for their -valor. But the authority of the king is not absolute, and the -war-leaders command rather by example than by orders, winning the -respect and the obedience of their troops by being always in the front -of the battle.... These troops are not made up of bodies of men chosen -indiscriminately, but are arranged by families and kindreds, which is an -added incentive for bravery in battle. So, also, the cries of the women -and the wailing of children, who are taken along to battle, encourage -the men to resistance. - -8. It is said that on more than one occasion broken and fleeing ranks -have been turned back to the fight by the prayers of the women, who fear -captivity above everything else.... They believe that women are -specially gifted by the gods, and do not disdain to take council with -them and heed their advice. - -11. [In the assemblies of the tribe,] minor affairs are discussed by the -chiefs, but the whole tribe decides questions of general importance. -These things, however, are generally first discussed by the chiefs -before being referred to the tribe. They meet, except in the case of a -sudden emergency, at certain fixed times, at the new or the full moon, -for they regard these as auspicious days for undertakings. They reckon -the time by nights, instead of by days, as we do.... One evil result -arising from their liberty is the fact that they never all come together -at the time set, but consume two or three days in assembling. When the -assembly is ready, they sit down, all under arms. Silence is proclaimed -by the priest, who has here the authority to enforce it. The king or the -leader speaks first, and then others in order, as age, or rank, or -reputation in war, or eloquence may give them the right. The speakers -depend rather upon persuasion than upon commands. If the speech is -displeasing to the multitude, they reject it with murmurs; if it is -pleasing, they applaud by clashing their weapons together, which is the -kind of applause most highly esteemed.{3} - -12. Criminals are also tried at these assemblies, and the sentence of -death may be decreed. They have different kinds of punishments for -different crimes; traitors and deserters are hanged on trees, cowards -and base criminals are sunk in the swamps or bogs, under wicker -hurdles.... There are penalties also for the lighter crimes, for which -the offenders are fined in horses or cattle. Part of the fine goes to -the king or the state, and part to the person injured or to his -relatives. In this assembly they also choose leaders to administer the -law in the districts and villages of the tribe, each of them being -assigned a hundred companions from the tribe to act as counsellors and -supporters.{4} - -13. They go armed all the time, but no one is permitted to wear arms -until he has satisfied the tribe of his fitness to do so. Then, at the -general assembly, the youth is given a shield and a sword by his chief -or his father or one of his relatives. This is the token of manhood, as -the receiving of the toga is with us. Youths are sometimes given the -position of chiefs because of their noble rank or the merits of their -ancestors; they are attached to more mature and experienced chiefs, and -think it no shame to be ranked as companions. The companions have -different ranks in the company, according to the opinion of the chief; -there is a great rivalry among the companions for first place with the -chief, as there is among the chiefs for the possession of the largest -and bravest band of followers. It is a source of dignity and of power to -be surrounded by a large body of young warriors, who sustain the rank of -the chief in peace and defend him in war. The fame of such a chief and -his band is not confined to their own tribe, but is known among foreign -peoples; they are sought out and honored with gifts in order to secure -their alliance, for the reputation of such a band may decide a whole -war. - -14. In battle it is shameful for the chief to allow any one of his -followers to excel him in courage, and for the followers not to equal -their chief in deeds of valor. But the greatest shame of all, and one -that renders a man forever infamous, is to return alive from the fight -in which his chief has fallen. It is a sacred obligation of the -followers to defend and protect their chief and add to his fame by their -bravery, for the chief fights for victory and the companions for the -chief. If their own tribe is at peace, young noble chiefs take part in -the wars of other tribes, because they despise the peaceful life. -Moreover, glory is to be gained only among perils, and a chief can -maintain a band only by war, for the companions expect to receive their -war-horse and arms from the leader, ... and the means of liberality are -best obtained from the booty of war.{5} - -16. The Germans do not dwell in cities, and do not build their houses -close together. They dwell apart and separate, where a spring or patch -of level ground or a grove may attract them. Their villages are not -built compactly, as ours are, but each house is surrounded by a clear -space. - -21. It is a matter of duty with them to take up the enmities of their -parents or kinsmen, as well as the friendships, but these feuds are not -irreconcilable; the slaying of a man may be atoned for by the payment of -a fixed number of cattle, and the kindred of the slain man all share in -the price of atonement. This practice of compounding manslaughter is of -advantage to the public weal, for such feuds may become very dangerous -among a free people.{6} - -26. The arable lands, according to the number of cultivators, are -occupied in turn by all the members of the community, and are divided -among them according to the quality [of the lands].{7} The extent of the -land gives ample opportunity for division; the arable fields are changed -every year, and there is plenty of land left over.{8} - -The following section is condensed from chapters 27 to 46. - -27-46.{9} Such is the account I have received of the origin and the -customs of the Germans as a whole; we must now undertake a discussion of -the separate tribes. The divine Julius [Cæsar] says in his book that the -Gauls had once been a more powerful and prosperous people than the -Germans. So it is not impossible that they may have at some time even -invaded Germany. For the Helvetians once dwelt in Germany between the -Hercynian forest and the Rhine and Main rivers, while the Boii inhabited -lands still farther within Germany, as is shown by the name Boihaem -[Bohemia] which still clings to their former place, now inhabited by -another people. The Treveri and the Nervii lay claim to German origin, -as if to repudiate connection with the indolent Gauls. The inhabitants -of the Rhine bank, the Vangiones, Treboci, and Nemetes, are undoubtedly -of German blood; and the Ubii also, although they have become a Roman -colony and have taken the name of Agrippenses from their founder. Of all -the tribes along the lower Rhine the chief are the Batavi, who dwell -mainly on an island in the mouth of the Rhine. They were a portion of -the Chatti, but left their homes as the result of a domestic quarrel and -entered the Roman empire. They still retain, however, their old honor -and dignity as allies, not being subject to taxation or to any public -duties except that of war. Beyond the Agri Decumates are the Chatti, -whose territory borders on the Hercynian forest. Next to the Chatti, -descending the Rhine, are the Usipii and Tencteri; their neighbors, it -is said, were formerly the Bructeri, who have been driven out and their -place taken by the Angrivarii and Chamavi. Back of the Angrivarii and -the Chamavi [to the south] are the Dulgubnii and Chasuarii; in front [to -the north] are the Frisii, who are divided into two parts, the greater -and lesser Frisii. They dwell along the shores of the ocean north of the -Rhine. Next are the Chauci, and on the boundaries of the Chauci and the -Chatti [to the east], the Cherusci. The Cimbri dwell in the same region, -on the shores of the ocean. - -We come next to the Suebi. They are not a single tribe, as the Chauci or -Tencteri, for example; they include a great many tribes, each one with -its own name, but all called in common Suebi. The Semnones claim to be -the most ancient and the noblest of the Suebi. They inhabit a hundred -districts and consider themselves, because of their number, the most -important tribe of the Suebi. On the other hand, the Lombards are known -for the small number of their members, but they are secure from conquest -by their more powerful neighbors by reason of their courage and their -experience in war. Then come the Reudigni, Aviones, Angli, Warini, -Eudoses, Suardones, and Nuitones. Then, following along the Danube, the -Hermunduri; then the Naristi, Marcomanni, and Quadi. The Marcomanni -drove the Boii out of their land, which they now inhabit. Back of these -tribes lie the Marsigni, Cotini, Osi, and Buri. The Marsigni and the -Buri have the same language and worship as the Suebi; but the fact that -the Cotini speak a Gallic language and the Osi a Pannonian would -indicate that they are not German tribes. A continuous mountain range -divides Suebia in this region; beyond it lie many races, of whom the -greatest is that of the Lugii, a name applied to several tribes, the -Harii, Helveconæ, Manimi, Elisii, Nahanarvali. Beyond the Lugii are the -Gutones. The tribes of the Suiones inhabit a land situated in the midst -of the ocean [Scandinavia], and are famous for their fleets. Beyond the -Suiones is that dreary ocean which is believed to encircle the whole -world. On the right [east] shore of the Suebian Sea [the Baltic] dwell -the Aestii, a people that have the same customs and manners as the -Suebi, but speak a language more like that of the inhabitants of -Britain. The land of the Suiones is continued by that of the Sithones. -This is the end of Suebia. I am uncertain whether to assign the Peucini, -Veneti, and Fenni to the German or Sarmatian race, although the Peucini, -called by some Bastarnæ, have the same language, worship, and sort of -houses as the Germans. - - -{1} In the tribal laws and other documents of the tribal period a -district called the "hundred" actually appears as the division of the -county (see no. 4, introductory note). Tacitus uses the term here as a -division of the tribe, but the original tribe in several instances -appears as a county of the larger tribal kingdom, among the Franks and -Anglo-Saxons, at least. The origin of the hundred as a territorial -district suggested in this passage by Tacitus is probably the correct -one: the whole tribe was divided for military purposes into companies of -about one hundred men; then when the tribe settled on the land which had -been conquered, the lands were distributed to the hundreds, and the -districts thus formed came to bear that name. - -{2} The existence of a noble class, _i.e._, a number of families having -higher social rank and special consideration and privileges, is vouched -for by all the sources. The origin of the class and the extent of the -privileges which they enjoyed in this primitive time are uncertain. The -king was chosen usually from one noble family, but not by strict -heredity. - -{3} The general assembly was composed of all the freemen of the tribe. -All public business, that is, affairs in which the whole tribe was -concerned, was conducted here, including the making of war and peace, -the election of the king and chief officials, etc. It would appear from -what Tacitus says that the assembly had jurisdiction in the graver -offenses and in cases of appeal from the hundred-court. - -{4} These leaders were probably the officials who presided over the -hundred-court, the assembly of the freemen of the hundred, which was the -regular court of justice. We find such an official mentioned in several -of the tribal laws; in the Salic and the Alamannian law he is called the -"centenarius," and in the Anglo-Saxon laws the "hundredes-ealdor." The -hundred companions of the official mentioned by Tacitus were probably -the whole body of the freemen of the hundred. They attended the -hundred-court and had a share in rendering the decision. - -{5} The chief with his band of followers is found in many primitive -warlike societies. The various traditions of the German tribes are full -of references to this institution. Famous warriors would gather about -them a band of young men eager for reputation and experience. These -bands would form the élite of the army when the whole tribe went to war, -but would also conduct warlike enterprises on their own account. The -viking raids of the Northmen were instances of this practice. It not -infrequently happened that the success of private bands would lead the -whole tribe to follow and settle on the land which they had begun to -conquer, as in the traditional account of the conquest of Britain by the -Angles and Saxons. - -{6} The obligation of following up the blood-feud is a common feature -of primitive society. It forms the basis of many of the popular tales -and traditions of the German people. The law attempted to make the -kindred of the slain man give up the feud in return for the payment of a -fixed sum by the slayer of his kin, but the attempt was not always -successful. The sum paid is known as the _wergeld_ and is mentioned in -all the tribal laws (see no. 4, title XLI and note). - -{7} The form of land-holding among the early Germans has been the -subject of much study and investigation. Chapters 16 and 26 of Tacitus -have been discussed and commented on at great length by many scholars -and no absolute agreement has been reached in regard to the -interpretation of them. The above translation is as literal and -untechnical as we could make it, but it is not free from objection. It -would seem to mean that the land of the tribe was held by small groups -or communities dwelling in little farming villages and cultivating the -land assigned them. The land in the time of Tacitus was probably owned -in common by the community and apportioned equally among the -householders for the purpose of cultivation, and then redistributed at -regular periods, once a year according to Tacitus. - -{8} In order to understand the conditions of German life as described -by Tacitus, the student would do well to pick out, bring together, and -classify all that he says in different places about the important -features of their life: (1) the king, his election, powers, etc.; (2) -the assemblies, their composition, procedure, authority; (3) the -officials; (4) manners and customs. - -{9} The chapters devoted to the enumeration and description of the -separate tribes have been summarized, the purpose being to show the -location and the names of the tribes in the time of Tacitus; the student -should compare these with the situation as shown by a map of Europe at -the time of the migrations. Note that very few of these names appear at -the time of the migrations; this is because most of the tribes had lost -their identity before that time, being united into larger groups, or -absorbed by other peoples, as by the Huns, Romans, etc. Of the tribes -mentioned before the Suebi, most were later united into the -confederations of the Franks, Alamanni, and Saxons; thus the Chatti, -Chamavi, Chasuarii, etc., are found among the Franks; the Tencteri, -Usipii among the Alamanni; the Chauci, Cherusci, Angrivarii among the -Saxons. The Frisii remained in the same region and were finally added to -the Frankish kingdom by Karl Martel; their name still exists in the -Friesland of modern Holland. The Ubii were settled by M. Agrippa on land -near Cologne, the Roman town Colonia Agrippina. The Agri Decumates or -"tithe lands" were the territory contained within the triangle formed by -the upper Rhine, the upper Danube, and a line of fortifications, called -the _Limes_. This advanced frontier was established by Trajan (98-117). -The territory received its name from the fact that the colonists who -settled there paid a tithe or tenth of the produce to the state as rent. -Under the name Suebi, Tacitus classes a great many tribes, some of whom -are not even of German race. The real nature of the Suevic Confederation -is a matter of great uncertainty. Some of the tribes mentioned by -Tacitus under this head appear later; the Semnones are conjectured to be -the tribe later known as the Suevi, who joined the Vandals in their raid -and remained in northern Spain until conquered by the West Goths; the -Lombards remained a separate tribe and moved south into Pannonia and -then into Italy; a portion of the Angli joined the Saxons in their -invasion of England; the rest were apparently united with the Warini in -the Thuringian kingdom, the principal tribe of which was the Hermunduri; -the Marcomanni and the Quadi, perhaps with some other tribes, composed -the later Bavarians; the Lugii, or Lygians, are mentioned by later Roman -writers as among the Germans who threatened the Danube frontier, but the -name disappeared after that; the Gutones are the Goths; the Suiones and -Sithones are Scandinavian Germans; the Peucini are the same as the -Bastarnae, who were given lands on the Danube by Emperor Probus -(276-282); the Veneti are the Wends, a Slavic tribe; the Fenni, the -modern Finns. - - - -2. Procopius, Vandal War. (Greek.) - - -Procopius, in Corpus Scriptorum Historiæ Byzantinæ. - -This and the following number are taken from the writings of Procopius, -a Roman official and historian who lived about 500 to 560 A.D., and had -a personal share in the wars of Justinian against the East Goths and -Vandals. The earlier parts of his histories are drawn largely from -tradition. - -I, 2. During the reign of Honorius [395-423] in the west the barbarians -began to overrun the empire.... The invaders were mainly of the Gothic -race, the greatest and most important tribes being the East Goths, the -Vandals, the West Goths, and the Gepidæ.... These tribes have different -names, but in all other respects they resemble one another very closely; -they all have light complexions, yellow hair, large bodies, and handsome -faces; they obey the same laws and have the same religion, the Arian; -and they all speak the same language, Gothic. I am of the opinion, -therefore, that they were originally one people and have separated into -tribes under different leaders. They formerly dwelt beyond the Danube; -then the Gepidæ occupied the land about Sirmium on both sides of that -river, where they still dwell. - -The first to move were the West Goths. This tribe entered into an -alliance with the Romans, but later, since such an alliance could not be -permanent, they revolted under Alaric. Starting from Thrace, they made a -raid through all of Europe, attacking both emperors. - -[Alaric sacks Rome.] Soon after, Alaric died, and the West Goths, under -Athaulf, passed on into Gaul. - -3. Under the pressure of famine, the Vandals, who formerly dwelt on the -shores of the Mæotic Gulf [Sea of Azof], moved on toward the Rhine, -attacking the Franks. With them went the Alani.... [Crossing the Rhine -into Gaul] they proceeded down into Spain, the most western province of -the Roman empire, and settled there under their king, Godegisel, -Honorius having made an agreement with him by which the Vandals were to -be allowed to settle in Spain on condition that they should not plunder -the land. - -At that time the greatest Roman generals were Boniface and Aëtius, who -were political rivals.... Boniface sent secretly to Spain and made an -agreement with Gunderich and Geiserich, the sons and successors of -Godegisel, whereby they were to bring the Vandals into Africa, and the -three were to divide the rule of Africa among themselves, mutually -supporting one another in case of attacks from outside. Accordingly the -Vandals crossed the strait at Gades and entered Africa, while the West -Goths moved forward from Gaul into Spain after them. [Gunderich dies, -leaving Geiserich sole ruler of the Vandals; Geiserich quarrels with -Boniface and drives him out of Africa, ruling the whole territory with -his Vandals.] - -5. Geiserich now got together a large fleet and attacked Italy, -capturing Rome and the palace of the emperor. The usurper Maximus was -slain by the populace and his body torn to pieces. Geiserich took back -to Carthage Eudoxia, the empress, and her two daughters, Eudocia and -Placidia, carrying off also an immense booty in gold and silver. The -imperial palace was plundered of all its treasures, as was also the -temple of Jupiter Capitolinus, including a large part of the roof, which -was made of bronze, heavily plated with gold.... - - - -3. Procopius, Gothic War. (Greek.) - - -Procopius, in Corpus Script. Hist. Byz.; Muratori, Scriptores, I, i, -247 f. - -I, 1. While Zeno [474-491] was emperor in Byzantium, the west was ruled -by Augustus, whom the Romans called Augustulus, because of his youth. -The actual government was in the hands of his father Orestes, a most -able man. Some time before this, as a result of the reverses which they -had suffered at the hands of Attila and Alaric, the Romans had taken the -Sciri, Alani, and other German tribes into the empire as allies. The -renown of Roman arms had long since vanished, and the barbarians were -coming into Italy in ever-increasing numbers, where they were actual -masters under the false name of allies (_federati_). They continually -seized more and more power, until finally they demanded a third of all -the lands of Italy. When Orestes refused to grant this they slew him. -Then one of the imperial officers, Odovaker, also a barbarian, promised -to secure this for them if they would recognize him as ruler. In spite -of the power which he thus acquired, Odovaker did not attack the emperor -[Romulus Augustulus], but only forced him to retire to private life. He -then gave the barbarians the third of the lands which they had demanded, -thus binding them more closely to him, and ruled over Italy unopposed -for ten years. - -About this time the East Goths, who had been allowed to settle in -Thrace, rose against the emperor under their king, Theoderich. He had -been brought up at Byzantium, where he had been given the rank of a -patrician, and had even held the title of consul. The emperor Zeno, a -master in diplomacy, persuaded Theoderich to invade Italy and attack -Odovaker, with the chance of winning the whole west for himself and the -East Goths.... Theoderich seized on this opportunity eagerly, and the -whole tribe set out for Italy, taking along with them in wagons their -women and children and all their movables.... Odovaker hastened with an -army to oppose this invasion, but was defeated in several battles, and -finally shut up in Ravenna.... After the siege had lasted for about -three years both parties were willing to come to terms, the Goths being -weary of the long siege and the soldiers of Odovaker being on the verge -of starvation. So, through the efforts of the bishop of Ravenna, a -treaty was made according to which Theoderich and Odovaker were to rule -the city jointly. This treaty was kept for a short time, but finally -Theoderich treacherously seized Odovaker at a banquet to which he had -invited him, and had him put to death. He then won over to him all his -enemies, and from that time on ruled over Goths and Italians unopposed. -Theoderich never assumed the name or dignity of emperor, being content -to be known as king, as the barbarians call their rulers. In fact, -however, the subjects bore the same relation to him as to an emperor. He -dispensed justice with a strong hand, and rigidly enforced the law and -kept peace. In his time the land was protected from the attacks of -neighboring barbarians, and his might and his wisdom were famous far and -wide. He allowed his subjects neither to suffer nor to commit wrongs; -his own followers were given only the lands which Odovaker had taken for -his supporters. Thus Theoderich, although he bore the title of a tyrant, -was in fact a righteous emperor.... He loved the Goths and the Italians -equally, recognizing no difference between them, contrary as this may -seem to human nature.... After a reign of thirty-seven years, he died -lamented by all his people. - - - -4. The Salic Law. - - -In the period before the migrations, each of the German tribes had its -primitive code of laws. This law was not put in writing, but was held in -memory; it was not based on abstract reasons of right and justice, but -grew up out of practice and custom. The migrations and the development -of tribal kingdoms on Roman soil brought about important changes in the -public and private life of the Germans, partly the result of changed -conditions, partly the direct influence of Roman manners and -institutions. One result was that the old unwritten customary laws were -codified and published in written form. These codes, called the _Leges -Barbarorum_, or laws of the barbarians, form an important historical -source, for of course they reflect the new conditions in which the -Germans found themselves after their settlement. Some of them show the -influence of Roman law and institutions in a marked degree; others are -more purely Germanic. They were in most cases written in Latin, although -the Angles and Saxons in England published their early codes in Old -English or Anglo-Saxon. One of the oldest and at the same time one of -the most purely German in character is the law of the Salic Franks, -called in Latin, _Lex Salica_; it was probably written about the year -500, in the reign of Chlodovech (481-511). In the most authentic form it -contains sixty-five chapters, or "titles," most of which are composed of -several sections. The title usually has a heading, as: XVII. _De -vulneribus_ (Concerning wounds). - -The parts translated are intended to illustrate: (1) the character of -the tribal laws in general, and (2) certain important institutions and -customs of the Franks. Certain features of the Salic law are common to -nearly all of the German laws; these are suggested here for the -convenience of the reader. - -1. The code contains mainly private law. Most of the law is taken up -with a scale of fines and compensations for injury, damage, and theft, -as in the case of injuries, titles XVII and XXII. This is characteristic -of most of the German codes; they are concerned with private and not -with public or administrative law. - -2. The law makes minute specification of injuries. Note that the -different injuries are carefully described and particular fines given -for each, as in titles XVII and XXIX. This feature is found in most of -the codes and is characteristic of a primitive stage of legal conception -and a barbarous state of society. The important function of primitive -law is the settlement of differences between individuals to prevent -personal reprisals, so the various injuries that are apt to occur are -specified and provided with special fines. - -3. A large part of the procedure takes place out of court, and is -conducted by the individuals concerned. So in title I, 3, the plaintiff -summons the defendant in person; in title L, 2, the creditor tries to -collect the amount fixed by the court; in title XLVII the whole process -of tracing and recovering stolen property, except the last stage, is -conducted out of court. This also is a common feature of Germanic law; -the objection, common among uncivilized peoples, to the state's -interference with private affairs of the individual operates here to -restrict the function of the law to the simple decision of the case. - -4. All the German laws provide for the payment of the _wergeld_. The -origin of this is doubtless to be found in the underlying conception of -primitive law referred to in paragraph 2. The purpose being to put an -end to private revenge, which would mean continual private war, the law -prescribes the amount to be paid to the kindred of the slain man, and -they must on receipt of that give up the blood-feud. (See no. 1, ch. 21, -and note.) In many of the codes different values are assigned to -different classes of people, as here in title XLI. - -The public institutions of the Franks are referred to in the law only -incidentally, the law being concerned, as has been said, mainly with -private matters, and taking for granted a knowledge of public law. -Following is a brief statement of the form of government, administration -of justice, etc. The state ruled by the king of the Salic Franks was -composed of several small tribes, originally independent (see no. 1, -notes 1 and 9), but now incorporated into a single state. The kingdom -was divided into counties, some of which correspond to the former -independent tribes, and some to old Roman political divisions. The -county was governed by a representative of the king, an official who is -called in the Salic law by the German title _grafio_ (modern German -"Graf"), and in later documents by the Latin title _comes_ (count). The -judicial system was based on the division of the county known as the -hundred (see no. 1, note 1), the assembly of the freemen of the hundred -being the regular public court. It was presided over by the -"hundred-man," in the Salic law called either _centenarius_, which means -simply hundred-man, or _thunginus_, a word of uncertain meaning. The -function of the _grafio_, the representative of the king in the county, -was mainly executive; he was appealed to only when every other means of -forcing the delinquent to obey the law or the decision of the court had -failed, but he has no part in the trial of cases. See title L, 3, for an -instance of the function of the _grafio_. - -I. _Legal Summons._{10} - -1. If anyone is summoned to the court and does not come, he shall pay -600 denarii, which make 15 solidi.{11} - -3. When anyone summons another to court, he shall go with witnesses to -the house of that person, and if he is not present the summoner shall -serve notice on his wife or his family that he is legally summoned. - - -{10} This title illustrates what is said in the introduction about the -process out of court. The person who has a cause for legal action -against another, goes himself to the house of his antagonist and summons -him before witnesses. The law steps in, however, and forces the one who -is summoned to come to court under penalty. See also title LVI. - -{11} The monetary system of the Salic law was taken from the Romans. -The basis was the gold solidus of Constantine, 1/72 of a pound of gold. -The small coin was the silver denarius, forty of which made a solidus. -This system was adopted as a monetary reform by Chlodovech, and the -statement of the sum in terms of both coins is probably due to the -newness of the system at the time of the appearance of the law. - -XVII. _Wounds._ - -1. If anyone is convicted of trying to kill another, even though he -fails, he shall pay 2,500 denarii, which make 63 (62-1/2) solidi. - -2. If anyone is convicted of shooting a poisoned arrow at another, even -though he misses him, he shall pay 2,500 denarii, which make 63 solidi. - -3. If anyone wounds another in the head, so that the brain appears and -the three bones which lie above the brain are uncovered, he shall pay -1,200 denarii, which make 30 solidi. - -4. If anyone wounds another between the ribs or in the abdomen, so that -the wound can be seen and extends to the vitals, he shall pay 1,200 -denarii, which make 30 solidi, besides 5 solidi for the healing. - -5. If anyone wounds another so that the blood falls to the ground, he -shall pay 600 denarii, which make 15 solidi. - -6. If a freeman strikes another freeman with a club, so that the blood -does not flow, he shall pay 120 denarii, which make 3 solidi, for each -blow, up to three. - -7. If the blood does flow, he shall pay as much for each blow as if he -had wounded him with a sword. - -8. If anyone strikes another with the closed fist, he shall pay 360 -denarii, which make 9 solidi; that is, 3 solidi for each blow up to -three. - -9. If anyone is convicted of trying to rob another on the highroad, even -though he fails, he shall pay 2,500 denarii, which make 63 solidi. - -XXIX. _Injuries._ - -1. If anyone destroys the hand or the foot of another, or cuts out his -eye, or cuts off his nose, he shall pay 4,000 denarii, which make 100 -solidi. - -2. If the injured hand hangs loose and useless, he shall pay 2,500 -denarii, which make 63 (62-1/2) solidi. - -3. If anyone cuts off the thumb or the great toe of another, he shall -pay 2,000 denarii, which make 50 solidi. - -4. If the thumb or the toe hangs useless, he shall pay 1,200 denarii, -which make 30 solidi. - -5. If he cuts off the second finger, by which the bowstring is drawn, he -shall pay 1,400 denarii, which make 35 solidi. - -6. If he cuts off the rest of the fingers (that is, the other three) at -one blow, he shall pay 50 solidi. - -7. If he cuts off two of them, he shall pay 35 solidi. - -8. If he cuts off one of them, he shall pay 30 solidi. - -XLI. _Manslaughter._{12} - -1. If anyone is convicted of killing a free Frank or a barbarian living -by the Salic law, he shall pay 8,000 denarii, which make 200 solidi. - -2. If he has put the body in a well, or under water, or has covered it -with branches or other things for the purpose of hiding it, he shall pay -24,000 denarii, which make 600 solidi.{13} - -3. If anyone kills a man in the king's trust, or a free woman, he shall -pay 24,000 denarii, which make 600 solidi. - -4. If he kills a Roman who was a table-companion of the king, he shall -pay 12,000 denarii, which make 300 solidi. - -6. If the slain man was a Roman landowner, and not a table-companion of -the king, he who slew him shall pay 4,000 denarii, which make 100 -solidi. - -7. If anyone kills a Roman _tributarius_, he shall pay 63 solidi. - - -{12} The fine for slaying a man is the _wergeld_ referred to in the -introduction. It was paid to the kin of the slain man by the slayer or -his kin. The _wergeld_ has different values for different classes; note -the classes in the Salic law, particularly the position of the persons -in the royal service, the importance of which must have been of -comparatively recent origin, and the position of the Roman population. -The freeman of the Frankish tribe has a _wergeld_ of 200 solidi, the -free woman three times that, 600 solidi; the Roman _possessor_, or free -landowner, 100 solidi; the Roman _tributarius_, who cultivated the land -of another at a fixed rent, and was regarded as less than a freeman, -62-1/2 solidi. If the freeman was in the king's trust, that is, in the -service of the king and probably bound to him by a special oath (these -men are also called _antrustiones_; see nos. 180 and 189), his _wergeld_ -was three times that of the ordinary freeman, 600 solidi; that of the -Roman who was a table-companion of the king, a relation similar to that -of the man in the king's trust, was also tripled, 300 solidi. - -{13} The fact of concealment is the distinguishing mark between murder -and manslaughter. - -XLV. _The Man who Removes from One Village to Another._{14} - -1. If anyone desires to enter a village, with the consent of one or more -of the inhabitants of that village, and a single one objects, he shall -not be allowed to settle there. - -3. But if anyone settles in another village and remains there twelve -months without any one of the inhabitants objecting, he shall be allowed -to remain in peace like his neighbors. - - -{14} This title throws some light on the original character of the -village community. The village was in origin probably a group of -kindred, and new-comers were admitted only by the consent of all the -householders. Moreover, as much of the land was still held in common by -the village--the wood, pasture, and meadow--the admission of a new -member concerned all the householders. - -XLVII. _The Tracing of Stolen Goods._ - -If one has recognized a slave, or a horse, or an ox, or anything of his -own in the possession of another, he is to "send him to the third -hand."{15} And he in whose hands the thing was recognized is to swear -[to his own innocence]; and if both parties [_i.e._, the rightful owner -and the man in whose possession it was found] dwell on this side of the -Loire and the Carbonaria,{16} a term of forty days shall be set within -which all are to be summoned who have had any part in the affair, who -have sold or exchanged or perhaps given in payment the article. That is, -each one is to summon the man from whom he got it. And if anyone of -these has been summoned and legal hindrance has not kept him away, and -he does not come within the appointed term, then the one who had -dealings with this delinquent is to bring three witnesses to the fact -that he had summoned him and three more to the fact that he had obtained -the property from him legally and in good faith; if he does this he is -clear of suspicion of theft. But he who would not come and against whom -the witnesses have borne testimony, shall be held to be the thief of the -man who recognized his own, and he [the thief] shall return the price to -the man who dealt with him and shall pay the lawful compensation to the -man who recognized his own.{17} All these things are to be done in that -court to which he is answerable in whose hands the stolen thing was -first recognized and with whom the process started. But if he in whose -hands it was recognized dwells beyond the Loire or the Carbonaria the -time allowed shall be eighty days. - - -{15} The expression _mittat eum in tertia manu_ has been interpreted in -various ways; it means apparently either that the possessor is to place -the article in question in the hands of a third disinterested party who -is to hold it until the case has been tried, or that he is to refer the -claimant to the "third party"; that is, the man from whom he obtained -it. - -{16} A much-discussed phrase, which has been used to show that the -Salic law belongs to a period after the Frankish control had extended -beyond the Loire. The word in the text (_ligere_) has also been taken to -mean the river Leye, but this is not generally accepted. The Carbonaria -(German, _Kohlenwald_) was a large forest in what is now Belgium. - -{17} The form of statement is rather confusing, but the process is -fairly clear. The burden of proof lies on the man in whose possession -the stolen article is found, and he must clear himself by producing the -man from whom he got it. This shifts the responsibility to the latter, -who in turn must produce the man from whom he obtained it, and so on -back until the person is reached who obtained the article illegally, and -so is not likely to obey the summons to appear in court. Then the last -man in the chain before the thief proves his innocence of bad faith by -showing that he bought the article publicly and so obtained it in good -faith, and that he had served notice on the delinquent in the present -process. Inasmuch as legal sales were held publicly before witnesses, it -is fairly certain in this way that the guilt will be located. The man in -whose possession it was found then restores the article to its owner, -and receives back the price he paid for it from the man from whom he got -it; and this repayment is repeated in each case until the thief is -reached; the man who dealt with him has a legal action for recovery of -the price against the thief, while the owner has also an action for the -recovery of damages. - -L. _The Given Pledge._ - -1. If a free man or a letus{18} has given pledge [that is, made a -solemn promise at the court] to another, then he to whom the pledge was -given shall go to the house of the other within forty nights,{19} or -whatever period was set, with witnesses or with such as can estimate the -price.{20} And if the delinquent will not redeem the pledge given, he -shall be held liable for 15 solidi above the amount for which he had -given pledge. - -2. If still he will not pay, the complainant shall summon him to the -_mallus_, and thus he shall proceed to have him constrained by law: "I -ask thee, _thunginus_, to constrain by law this my debtor who has given -me a pledge and is in my debt." And he shall state how much the debt is. -Then the _thunginus_ shall say: "I constrain this man by law, in -accordance with the Salic law." Then he to whom the pledge was given -shall give notice that the delinquent can neither pay nor give pledge of -payment to any other until he has fulfilled what he promised him [the -creditor]. And straightway on that day before the sun sets he shall go -with witnesses to the house of the debtor and ask him to pay the debt. -If he will not, let the sun set upon him.{21} Then when the sun has set, -120 denarii, which make 3 solidi, are added to the amount owed. And this -thing is to be done three times in three weeks, and if on the third -summons he will not pay all this, then 360 denarii, which make 9 solidi, -are to be added to the debt, that is, 3 solidi for every summons and -setting of the sun. - -The next two sections are now generally regarded as a later -addition--_i.e._, the first two are supposed to belong to an early -period, while the last two belong to the period when the _grafio_, the -royal representative, had acquired executive functions within the -county. If this is so, then sections 3 and 4 have replaced certain older -sections which must have completed the process described in sections 1 -and 2; there must have been a further stage in which the delinquent was -finally forced to pay, perhaps the process described in title LVI, by -which a delinquent can be outlawed if he is still contumacious. - -3. If anyone refuses to redeem his promise within the lawful term, then -he to whom he gave the pledge shall go to the _grafio_ of the county -within which the debtor lives, and shall lay hold on the staff and say: -"_Grafio_, this man has given pledge to me and I have given lawful -notice of his indebtedness and have sued him before the _mallus_ in -accordance with the Salic law. I pledge myself and my fortune that you -may safely and lawfully lay hands on his property." And he declares for -what cause and to what amount the pledge had been given. Then the -_grafio_ shall take with him seven suitable _rachinburgii_{22} and go to -the house of him who gave the pledge and say: "You, who are here -present, pay this man of your own free will that for which you gave him -pledge. Choose two men, whomsoever you will, who together with these -_rachinburgii_ shall assess from your goods the amount you ought to pay. -And so shall you make good what you owe according to legal value." But -if he, being present, will not heed, or if he is absent, then the -_rachinburgii_ shall take from his goods a value equal to the amount -which he owes, and of that amount two parts shall go to him who brought -suit, and the third part the _grafio_ shall take for himself as -_fredus_,{23} if the _fredus_ for this case has not already been paid. - -4. If the _grafio_ has been appealed to and legal hindrance or his -master's [the king's] business has not detained him, and he neither goes -himself nor sends a representative, he shall be punished with death or -he may redeem himself with his possessions. - - -{18} The term _letus_ is used of a class of population whose position -was between that of the free man and that of the slave; a similar class -is found among nearly all the Germanic tribes. They were perhaps -descendants of conquered peoples that had been incorporated into the -tribe; they did not own land, but cultivated the land of others on terms -of a fixed rental in produce and services. Thus while not free, their -position was above that of the slaves, since they might acquire -possessions and profits above the rent paid, while the earnings of the -slave belonged in theory entirely to the master. - -{19} The regular interval between the meetings of the hundred-court or -_mallus_. - -{20} The use of appraisers, referred to here and elsewhere, indicates -that fines and debts were paid regularly in kind, and that money was -still an unfamiliar convenience. - -{21} That is, the delinquent is to be given the full legal day, and -when that has passed with the setting of the sun, the penalty is -incurred. It is interesting to notice the same feature in the law of the -XII Tables, which was apparently merely the primitive tribal law of the -early Romans reduced to written form. There, in the first table, the -description of a public court process ends with the sentence: "Sol -occasus suprema tempestas esto"--sunset is to be the latest hour [of the -legal day]. - -{22} _Rachinburgii_ is the name generally used in the law for the board -of judges, seven in number, who are chosen at every hundred-court to -render the judgment (see title LVI). Here, however, the term is used for -appraisers who apparently are not connected with the _rachinburgii_ of -the hundred-court. - -{23} The _fredus_ is that portion of the fine which goes to the state, -apparently as compensation for executing the sentence. It furnished a -part at once of the royal revenues and of the salary of the _grafio_, -since half went to him and half to the royal treasury. - -LII. _Property that has been Loaned._ - -If one has loaned anything of his goods to another, and that person will -not restore it to him, he shall sue for it in this way: He shall go with -witnesses to the house of him to whom he loaned his property and serve -this notice on him: "Since you will not restore to me my goods which I -have loaned to you, you may keep them until the following night, in -accordance with the Salic law."{24} And if still he will not restore -them, let the sun set on him.{25} If he still will not restore them, the -owner is to give him a space of seven nights, and at the end of these -seven nights he shall serve notice as before that he may keep them till -the following night, in accordance with the Salic law. If then he will -not restore them, at the end of another seven nights he is to go with -witnesses again and ask him to pay what he owes. If he will not pay, let -the sun set on him. But when the sun has set on him three times, for -each time 120 denarii (which make 3 solidi) are to be added to the -original amount of the debt. And if still he will neither pay nor give -pledge of payment, he is to be held liable to him who loaned him the -goods for 600 denarii (which make 15 solidi) above the original debt and -above the 9 solidi which accrued through the three summons. - - -{24} This is to give the man legal and public notice and to allow him a -full day's time in which to obey. The guilt is incurred, therefore, at -sunset of the following day. - -{25} See title L, note 21. - -LIV. _The Slain Grafio._ - -1. If anyone kills a _grafio_{26} he shall pay 24,000 denarii, which -make 600 solidi. - -2. If anyone kills a _sacebaro_,{27} or an _obgrafio_ who is a king's -slave, he shall pay 12,000 denarii, which make 300 solidi. - - -{26} For the position of the _grafio_, see introduction. His _wergeld_ -is seen to be the same as that of the freeman in the king's service, and -may indeed be regarded as a special instance of the general case of a -man employed in the royal service. - -{27} The _sacebaro_ and the _obgrafio_ are apparently subordinate -officials of the _grafio_. They were probably not infrequently unfree -persons, as they are here. - -LVI. _He who refuses to come to Court._ - -If anyone refuses to come to court or to do what the _rachinburgii_ have -commanded, that is, to give pledge for payment, or for the ordeal, or -for anything which the law requires, then the complainant is to summon -him to the presence of the king. And twelve witnesses, being sworn in -turn by threes, shall say: [the first three] that they were present when -the _rachinburgius_ condemned him to undergo ordeal or to give pledge -for payment, and that he had not obeyed. The second three are to swear -that they were present on the day when the _rachinburgii_ [again] -condemned him to clear himself by ordeal or by paying the fine; that is, -that, forty nights from the first day, the sun set on him in the -_mallberg_{28} again, and that he would in no way obey the law. Then the -complainant is to summon him before the king, in fourteen nights [after -the last _mallus_], and three witnesses are to swear that they were -present when he summoned him and the sun set on him. If he will not -come, then these nine witnesses, having sworn, are to say what we have -said above. Likewise, if he will not come [to the king's court] on that -day, let the sun set on him, and there shall be three witnesses who were -present when the sun set.{29} If the complainant has done all these -things, and he who was summoned refuses to come to any court, the king -shall put him outside of his protection [_i.e._, outlaw him]. Then the -criminal and all his goods are liable. And whoever shall feed him or -give him hospitality, even if it be his own wife, shall be held liable -for 600 denarii, which make 15 solidi, until he shall have paid all that -has been imposed on him. - - -{28} _Mallberg_ or _malloberg_ is the place where the _mallus_ or -public court is held, and is here used as equivalent to the court. - -{29} The process described from the end of the first sentence to this -point is supposed to have taken place before the summons to the king's -court mentioned in that first sentence; this is shown by the statement -that there are to be twelve witnesses at the king's court, these twelve -witnesses appearing in the passage as follows: three each for the two -public trials in the _mallus_, three for the summons to the king's court -fourteen days after the second trial, and three for the first session of -the king's court; these delays having been granted and the delinquent -not appearing at the second session of the royal court, he is there -finally outlawed. - - - -5. Selections from the History of the Franks, by Gregory of Tours. - - -M. G. S. S. 4to, rerum mer., I. - -By the end of the fifth century, the Roman government in the west had -practically come to an end and most of the territory was occupied by -German tribes. The confederated tribes living along the middle and lower -Rhine began to be called Franks about 200 A.D. For the next two -centuries, the Roman garrisons had great difficulty in keeping them out -of northern Gaul. With the weakening and final withdrawal of these -garrisons in the beginning of the fifth century, the Franks spread over -northern Gaul and by about 450 had occupied the land as far south as the -river Somme. Under Chlodovech the confederated tribes, which still had -their own kings, were united under his single rule, and the other -inhabitants of Gaul--Romans, Alamanni, West Goths, and Burgundians--were -absorbed or reduced to dependence. The work of Chlodovech was carried on -by his sons and grandsons with the conquest of the Burgundians, -Thuringians, Bavarians, etc. Then came the civil wars among the -descendants of Chlodovech which prevented further advance until the rise -of the house of Karl the Great. - -There are few documents or chronicles for the history of the Franks -during the fifth to the seventh centuries. The only connected account is -that of Gregory, bishop of Tours from 573 to 594. His position made him -one of the most influential men of his time and he was well acquainted -with the contemporary events which he narrates. The earlier part of his -work is, of course, less reliable, because he depended upon tradition. - -II, 9. It is not known who was the first king of the Franks.... We read -in the lists of consuls that Theodomer, king of the Franks, son of a -certain Richemer, and his mother Ascyla were slain by the sword. They -say also that afterward Chlogio, a brave and illustrious man of that -race, was king of the Franks and had his seat at Dispargum, on the -boundary of the Thuringians. In the region [about Tours], as far south -as the Loire, dwelt the Romans; beyond the Loire the Goths held sway, -while the Burgundians, who followed the heresy of Arius, dwelt across -the Rhône, on which is situated the city of Lyon. Chlogio sent spies to -the city of Cambrai{30} to spy out the situation and report to him. Then -he seized the city and dwelt there a short time, occupying the land as -far as the Somme. Some assert that king Merovech, whose son was -Childerich,{31} belonged to the line of Chlogio.... - -27. After the death of Childerich his son Chlodovech ruled in his stead -[481]. In the fifth year of his reign, Syagrius, son of Ægidius, was -ruling in Soissons as king of the Romans,{32} where the said Ægidius had -held sway. Now Chlodovech and his relative Ragnachar advanced against -Syagrius and challenged him to battle; and the latter eagerly accepted -the challenge. But in the course of the conflict Syagrius, seeing that -his army was defeated, turned and fled from the field, seeking safety -with king Alaric at Toulouse.{33} Then Chlodovech sent to Alaric, -ordering him to surrender Syagrius, on pain of being himself attacked; -and Alaric, fearing to incur the wrath of the Franks, as is the habit of -the Goths, gave over Syagrius bound to the messengers of Chlodovech. -Then Chlodovech had him thrown into prison, and, after seizing his -kingdom, had him secretly slain.... - -28. Now Gundevech, of the line of the persecuting king, Athanaric, was -king of the Burgundians.{34} He had four sons, Gundobad, Godegisel, -Chilperic, and Godomar. Gundobad slew his brother Chilperic, and drowned -Chilperic's wife by tying a stone about her neck and throwing her into -the water. He also condemned Chilperic's two daughters to exile; of -these the older was Chrona, who became a nun, and the younger was -Chlothilde.... Chlodovech sent an embassy to Gundobad demanding the hand -of Chlothilde in marriage, and Gundobad, fearing to refuse him, -surrendered her to the messengers of Chlodovech, who bore her -straightway to the king.... - -30. The queen [Chlothilde] continually urged Chlodovech to abandon his -idols and accept the true God. She was not successful, however, until -finally, when he was waging war on the Alamanni,{35} he was compelled by -necessity to accept that which he had formerly refused. For in the -course of the battle, when the two armies were engaged in fierce -struggle, it happened that the army of Chlodovech was on the verge of -utter rout, and seeing this the king raised his eyes to heaven, and -cried: "Jesus Christ, thou whom Chlothilde doth call the son of the -living God, who dost comfort those in travail and give victory to those -that believe in thee, I now devoutly beseech thy aid, and I promise if -thou dost give me victory over these mine enemies and if I find thou -hast the power which thy believers say thou hast shown, that I will -believe in thee and be baptized in thy name. For I have called on my own -gods and they have failed to help me; therefore I believe they have no -power, since they do not come to the aid of their worshippers. I call -now upon thee; I desire to believe in thee, that I be not destroyed by -mine enemies." And as soon as he had cried thus, the Alamanni turned and -fled. And when they saw that their king was slain they surrendered to -Chlodovech, saying: "Let not thy people perish further, we beseech thee, -for we are thine." - -31. ... Then the king demanded that he should be the first to be -baptized by the bishop. So the new Constantine advanced to the font, to -be cleansed from the old leprosy of his sin, and from the sordid stains -of his past life, in the water of baptism. As he approached the font, -the saint of God addressed him in these fitting words: "Bow thy head, -Sigambrian;{36} adore what thou hast burned, burn what thou hast -adored." ... Then the king having professed his belief in omnipotent God -the Trinity, was baptized in the name of the Father, Son, and Holy -Spirit, and was anointed with the holy oil with the sign of the cross of -Christ. And more than 3,000 of his army were baptized also.... - -32. The brothers Gundobad and Godegisel were at this time ruling the -land about the Rhône and the Saône and the province of Marseilles. They, -as well as their people, were Arian. And when war was on the point of -breaking out between them, Godegisel, who had heard of the conquests of -Chlodovech, sent to him secretly, saying: "If you will give me aid in -overthrowing my brother, so that I may kill him in battle or drive him -from the kingdom, I will pay you such yearly tribute as you shall -demand." Chlodovech accepted the conditions gladly and promised to send -aid to Godegisel whenever he should require it. At the time appointed, -Chlodovech advanced with his army against Gundobad. When Gundobad, -ignorant of the treachery of Godegisel, learned of the approach of -Chlodovech, he sent to his brother, saying: "Come to my aid, for the -Franks are coming against me to seize my kingdom. Let us unite to -withstand this enemy, lest if we remain divided, each of us should -suffer the fate of the other nations." And Godegisel replied that he -would bring his army to the aid of his brother. Thus the three armies -advancing at the same time, came together at Dijon, and Godegisel and -Chlodovech joined forces and defeated Gundobad. Gundobad, seeing the -treachery of his brother, which he had not before suspected, turned and -fled along the bank of the Rhône until he came to Avignon.... - -35. Now when Alaric, king of the Goths, saw that Chlodovech was -conquering many nations, he sent to him and said: "If it please my -brother, let us unite our interests under the protection of God." And -Chlodovech, agreeing, came to him, and they met on an island in the -Loire, near the town of Amboise in the vicinity of Tours. There they -held a conference, and ate and drank together, and separated in peace, -having exchanged vows of friendship. But already many of the Gauls -[under Alaric] were greatly desirous of being under Frankish rule. - -37. Then Chlodovech said to his followers: "It causes me great grief -that these Arians{37} should hold a part of Gaul. Let us go with the aid -of God and reduce them to subjection." And since this was pleasing to -all his followers, he advanced with his army toward Poitiers.... And -Chlodovech came up with Alaric, king of the Goths, at Vouillé, about ten -miles from Poitiers.... There the Goths fled, according to their custom, -and Chlodovech gained a great victory with the aid of God. And -Chloderic, the son of Sigibert the Lame, aided him in this battle. - -40. Now while Chlodovech was staying at Paris, he sent secretly to the -son of Sigibert, saying: "Behold now your father is old and lame. If he -should die his kingdom would come to you and my friendship with it." So -the son of Sigibert, impelled by his cupidity, planned to slay his -father. And when Sigibert set out from Cologne and crossed the Rhine to -go through the Buchonian forest [in Hesse, near Fulda], his son had him -slain by assassins while he was sleeping in his tent, in order that he -might gain the kingdom for himself. But by the judgment of God he fell -into the pit which he had digged for his father. He sent messengers to -Chlodovech to announce the death of his father and to say: "My father is -dead, and I have his treasures, and the kingdom as well. Now send -messengers to me, that I may send to you whatever you would like from -his hoard." Chlodovech replied: "I thank you for your kindness, and beg -you merely to show my messengers all your possessions, after which you -may keep them yourself." And when the messengers of Chlodovech came, the -son of Sigibert showed them the treasures which his father had -collected. And while they were looking at the various things, he said: -"My father used to keep his gold coins in this little chest." And they -said: "Put your hand down to the bottom, that you may show us -everything." But when he stooped to do this, one of the messengers -struck him on the head with his battle-axe, and thus he met the fate -which he had visited upon his father. Now when Chlodovech heard that -both Sigibert and his son were slain, he came to that place and called -the people together and said to them: "Hear what has happened. While I -was sailing on the Scheldt river, Chloderic, son of Sigibert, my -relative, attacked his father, pretending that I had wished him to slay -him. And so when his father fled through the Buchonian forest, the -assassins of Chloderic set upon him and slew him. But while Chloderic -was opening his father's treasure chest, some man unknown to me struck -him down. I am in no way guilty of these things, for I could not shed -the blood of my relatives, which is very wrong. But since these things -have happened, if it seems best to you, I advise you to unite with me -and come under my protection." And those who heard him applauded his -speech, and, raising him on a shield, made him king over them. Thus -Chlodovech gained the kingdom of Sigibert and his treasures and won over -his subjects to his own rule. For God daily overwhelmed his enemies and -increased his kingdom because he walked uprightly before him and did -that which was pleasing in his sight. - -41. Then Chlodovech turned against Chararic. For when he was waging war -against Syagrius, this Chararic, although Chlodovech had asked him for -aid, had kept out of the struggle and had given him no help, waiting to -see the issue, that he might then make friends with the victor. On this -account, Chlodovech was angry with him and attacked him. When he had -succeeded in seizing Chararic and his son by treachery, he caused their -heads to be shaved and ordered Chararic to be ordained a priest and his -son a deacon. It is said that when Chararic was lamenting his -humiliation, his son replied: "These twigs were cut from a green tree, -which is not all dead; they will come out again rapidly when they begin -to grow. Would that he who did this thing might as quickly perish." But -when it was reported to Chlodovech that they planned to let their hair -grow again and slay him, he ordered their heads to be cut off, and thus -by their death acquired their realm and treasures and subjects. - -42. ... Then Chlodovech made war upon his relative, Ragnachar [king of -the region about Cambrai]. And when Ragnachar saw that his army was -defeated, he attempted to flee, but his own men seized him and his -brother Richar and brought them bound before Chlodovech. Then Chlodovech -said: "Why have you disgraced our family, by allowing yourself to be -taken? It would have been better for you to have been slain." And -raising his battle-axe he slew him. Then turning to the brother of -Ragnachar, he said: "If you had aided your brother he would not have -been taken;" and he slew him with the axe also.... Thus by their death -Chlodovech took the kingdom and treasures. And many other kings and -relatives of his, who he feared might take his kingdom from him, were -slain, and his kingdom was extended over all Gaul.{38} ... - -43. And after this he died at Paris and was buried in the basilica of -the holy saints which he and his queen, Chlothilde, had built. He passed -away in the fifth year after the battle of Vouillé, and all the days of -his reign were thirty years. - -III, 1. Now Chlodovech being dead, his four sons, Theodoric, Chlodomer, -Childebert, and Chlothar, received his kingdom and divided it -equally.{39} ... - -[Chlodomer was slain in an attack on the Burgundians, and his mother, -Chlothilde, took his sons, Theodoald, Gunther, and Chlodoald, under her -protection.] - -18. But while Chlothar was staying at Paris, Childebert, perceiving that -his mother Chlothilde loved the sons of Chlodomer greatly, was stirred -with envy and with the fear that they might be restored to the kingdom -of their dead father by aid of the queen-mother. So he sent secretly to -his brother, king Chlothar, saying: "Our mother is keeping the sons of -our dead brother Chlodomer, and intends to restore them to his kingdom; -come now to Paris and advise with me as to what shall be done; whether -their hair shall be cut off and they shall thus be made like the common -people, or whether we shall slay them and divide the kingdom of our -brother between us." Chlothar was delighted with these words and -hastened to Paris. Now Childebert had caused the rumor to be spread -among the people that the two kings were coming together to consider the -establishing of the children on the throne of their father. And after -they had met they sent word to the queen, who was dwelling in the same -city, saying: "Send the children to us that we may place them on the -throne." And she, rejoicing and thinking no evil, sent them the -children.... But when the children had left her they were immediately -seized and separated from their servants and imprisoned by themselves. -Then Childebert and Chlothar sent a certain Arcadius, their messenger, -to the queen with a pair of shears and a naked sword. And when he came -he showed both to the queen and said: "Your sons wish to know your will -in regard to the boys; whether they should be shorn of their locks and -live, or be slain." The queen, terrified and distracted at the message -and especially at the sight of the shears and the sword, said in the -bitterness of her heart and not knowing what she was saying: "If they -are not to reign, I would rather see them dead than shorn of their -locks." ... And when the messenger brought back this reply, Chlothar -immediately seized the oldest boy by the arm and throwing him on the -floor slew him with his dagger. But when he shrieked, his young brother -threw himself at the feet of Childebert and clinging to his knees cried: -"Save me, dearest uncle, that I be not slain like my brother." And -Childebert, the tears raining down his face, said to his brother: -"Brother, I pray you grant me the life of the boy; I will give you -anything you ask in exchange for his life, only do not slay him." But -Chlothar, reviling him, said: "Cast him from you, or you shall die for -him. You are the instigator of this business, and do you so soon -repent?" At this Childebert cast the boy from him, and Chlothar thrust -the dagger into his side and slew him as he had slain his brother. ... -Of the boys one was ten and the other seven years old. But the third -boy, Chlodoald, escaped by the aid of certain powerful persons; -rejecting a worldly kingdom, he turned to God, and became a priest, -cutting off his hair with his own hands. And Childebert and Chlothar -divided the kingdom of Chlodomer between them. - -[After the death of his brothers, Chlothar united the whole Frankish -kingdom under his single rule (558-61). He left four sons, Charibert, -Gunthram, Chilperic, and Sigbert, who divided the kingdom among -themselves.] - -IV, 27. Now when Sigbert saw that his brothers had taken wives of lowly -rank, he sent an embassy to Spain and sought the hand of Brunhilda, -daughter of king Athanagild [king of the West Goths].... - -28. When Chilperic heard of this, although he already had several wives, -he sought the hand of Galeswintha, sister of Brunhilda, promising that -he would leave his other wives, if he should be given a wife of royal -rank. Athanagild, believing the promise of Chilperic, sent him his -daughter Galeswintha with rich gifts, as he had already sent Brunhilda. -And when she came to king Chilperic, he received her with great honor -and was married to her; and he loved her greatly, for she brought rich -treasures with her. But great strife was caused by the love of Chilperic -for Fredegonda, with whom he had formerly lived. Galeswintha complained -to the king of the indignity offered to her and said that she had no -honor in his house, and she begged him to keep the treasures which she -had brought with her and let her depart alone to her own land. But the -king attempted to placate her with soft and deceitful words. Finally he -ordered her to be slain by a servant, and she was found dead in her -bed.... And Chilperic, having mourned her death, after a few days -married Fredegonda.{40} - - -{30} Chlogio died in 457. The advance of the Franks to the Somme was -made easy by the depopulation of the land through two centuries of -border raids and by the withdrawal of the garrisons. - -{31} The tomb of Childerich, father of Chlodovech, was discovered at -Tournai in 1653. In it were found along with the body, coins, a seal, -remnants of a purple mantle, covered with the famous golden bees which -Napoleon appropriated and wore, etc. - -{32} Ægidius and Syagrius, whom Gregory calls kings of the Romans, were -probably Roman military commanders who still held out in Gaul in the -name of the emperor. Syagrius held the territory between the Somme and -the Loire. - -{33} Alaric II, king of the West Goths, 485-507. At this time the -strength of the West Gothic kingdom was apparently in southern Gaul with -the capital at Toulouse. After the defeat of Alaric and the acquisition -by the Franks of most of the land north of the Pyrenees, the kingdom of -the West Goths was practically confined to Spain. - -{34} The Burgundians were an East German people related to the Goths. -They had moved south and west from near the Vistula and had settled on -the Main and Rhine about Worms somewhere about 400. At the time of the -invasion of Attila they fought with the Romans against him and suffered -severely. They were then allowed by the Romans to settle just within the -boundaries of the empire in modern Savoy. From here they later overran -and occupied the valleys of the Rhône and Saône. Like all the German -tribes except the Franks, the Burgundians had been converted to the -Arian form of Christianity, which was regarded by the west as a heresy. -Owing to the efforts of the popes and the catholic clergy some of the -Burgundians had been converted to the orthodox faith, among them the -princess Chlothilde, the wife of Chlodovech. Chlodovech's conversion to -Catholic Christianity was of great assistance to him in his conquest of -the heretical German kingdoms, since the sympathies of the Roman -population were with him. - -{35} The Alamanni were a confederation of tribes who had occupied the -Agri Decumates (see no. 1, Tacitus, note 9) during the century 300-400, -and had then spread over the Rhine into the territory of modern Elsass. - -{36} Sigambrian--the Sigambri or Sycambri were one of the early tribes -that made up the Frankish confederation. It is used here as synonymous -with Frank. - -{37} The hostility between the West Goths and the conquered Roman -provincials, among whom they settled, was kept alive by religious -differences. The dissatisfaction of the Roman population and their -leaning to the Franks after the conversion of this tribe were of great -aid to Chlodovech in his wars with the West Goths and Burgundians. The -same religious differences explain also to some extent the failure of -the East Goths and the Vandals to build permanent states in the -territory which they occupied. On the other hand, the West Goths in -Spain did later become Roman Catholics and enjoyed a longer existence. - -{38} Chlodovech was originally king of only one of the numerous tribes -of the Frankish confederation, but was the natural leader in war of the -whole body. We have three kings mentioned by name by Gregory, Sigebert, -Chararic, and Ragnachar, but he speaks also of "many other kings and -relatives of Chlodovech." The result of these assassinations was the -union of all the Franks under the rule of the house of Chlodovech. - -{39} The division of the kingdom of Chlodovech among his sons was fatal -to the peace of the land and to the development of a permanent -government. The strife broke out almost immediately, as appears from the -account in ch. 18, and was continued in the later generations, among the -sons and grandsons of Chlothar. - -{40} The murder of Galeswintha was the immediate occasion for the -outbreak of the long civil war between the two queens, Fredegonda and -Brunhilda, and their husbands and descendants. The incidents need not be -followed; the war involved numerous murders and assassinations and -resulted in the weakening of the monarchy, the rise of the mayors of the -palace, and the independence of the outlying portions of the empire, -such as Aquitaine, Bavaria, Alamannia, etc., under native rulers. - - - -6. The Coronation of Pippin, 751. - - -Einhard's Annals, M. G. SS. folio, I, pp. 137 f. - -One of the most important results of the civil wars and weakening of the -monarchy in the later Merovingian period was the rise to power of the -mayor of the palace. The mayor of the palace was originally the chief -servant of the king's household. As the king used his private servants -in the administration of public affairs the chief servant became -eventually the chief public official. In the eastern Frankish kingdom -(Austrasia) this office, like many other offices in this period, had -become hereditary in the hands of one of the great families. The last -stage of the civil war (see no. 5, note 40) was fought out really -between the mayors of the palaces of Austrasia and Neustria, and -resulted in the permanent triumph of the Austrasian house. The actual -power and the wise administration of the mayors of this house were in -striking contrast to the weakness and the inefficiency of the last -Merovingian kings, and this was the chief reason for the change in -succession related in this passage. The appeal to the pope and his -favorable report on the contemplated change, and the later attack upon -the Lombards by Pippin at the pope's instance, are the first steps in -the formation of a connection between the kings of the Franks and the -popes. - -Anno 749. Burchard, bishop of Würzburg, and Fulrad, priest and chaplain, -were sent [by Pippin] to pope Zacharias to ask his advice in regard to -the kings who were then ruling in France, who had the title of king but -no real royal authority. The pope replied by these ambassadors that it -would be better that he who actually had the power should be called -king. - -750 [751]. In this year Pippin was named king of the Franks with the -sanction of the pope, and in the city of Soissons he was anointed with -the holy oil by the hands of Boniface, archbishop and martyr of blessed -memory, and was raised to the throne after the custom of the Franks. But -Childerich, who had the name of king, was shorn of his locks and sent -into a monastery. - -753.... In this year pope Stephen came to Pippin at Kiersy, to urge him -to defend the Roman church from the attacks of the Lombards.{41} - -754. And after pope Stephen had received a promise from king Pippin that -he would defend the Roman church, he anointed the king and his two sons, -Karl and Karlmann, with the holy oil. And the pope remained that winter -in France. - - -{41} For the papal account of this, see no. 44. - - - -7. Einhard's Life of Karl the Great. - - -Einhard, Vita Karoli Magni; M. G. SS. folio, II, pp. 443 ff. - -Einhard, who lived about 770 to 840, was a scholar, and a member of the -court and the circle of Karl the Great. His biography of Karl is the -most reliable and intimate account of the life and the character of the -emperor that we possess. - -3. After ruling as king of the Franks for fifteen years, Pippin died at -Paris, leaving two sons to succeed him, Karl and Karlmann.... Karlmann, -however, died after two years of joint rule, and Karl became king of all -the Franks. - -5. The first of his wars was that against the duke of Aquitaine,{42} -which was begun but not completed by his father. Karl had asked his -brother to aid him in this undertaking, but Karlmann had failed to send -the help which he had promised. Karl, however, undertook the war alone -and carried it through successfully. Hunold, who had tried to recover -the duchy of Aquitaine after the death of Waifer, was driven out of the -province and forced to take refuge in Gascony. But Karl advanced across -the Garonne, threatening Lupus, the duke of Gascony, with war unless he -should surrender the fugitive. Thereupon Lupus not only gave up Hunold, -but acknowledged the authority of Karl over his own duchy as well. - -6. After the pacification of Aquitaine and the death of his brother, -Karl made war on the Lombards in response to the prayer of Adrian, -bishop of Rome. His father Pippin had also attacked the Lombards in the -time of king Aistulf, at the request of pope Stephen, ... but had been -content with besieging Aistulf in Ticino and securing pledges that he -would restore the places which he had taken and would never renew his -attack upon Rome. Karl went further: he overthrew Desiderius, king of -the Lombards, and drove his son Adalgisus out of Italy; restored to the -Romans their possessions; defeated a new rising under Radegaisus, duke -of Friuli; and subjugated all of Italy, making his son Pippin king.{43} - -7. Then Karl returned to the attack which he had been making upon the -Saxons{44} and which had been interrupted by the Lombard invasion. This -was the longest and most severe of all his wars, for the Saxons, being -barbarians and pagans like most of the tribes in Germany, were bound by -the laws neither of humanity nor of religion. For a long time there had -been continual disturbances along the border, since there was no natural -barrier marking the boundary between the two races, except in a few -places where there were heavier forests or mountains. So the Franks and -the Saxons were accustomed to make almost daily raids on the territory -of each other, burning, devastating, and slaying. Finally the Franks -determined to put an end to this condition of affairs by conquering the -Saxons. In this way that war was begun which was waged continually for -thirty-three years, and which was characterized by the most violent -animosity on both sides, although the Saxons suffered the greater -damage. The final conquest of the Saxons would have been accomplished -sooner but for their treachery. It is hard to tell how often they broke -faith; surrendering to the king and accepting his terms, giving hostages -and promising to accept the Christian faith and abandon their idols, and -then breaking out into revolt again. This happened in almost every year -of that war, but the determination of the king could not be overcome by -the difficulties of the undertaking nor by the treachery of the Saxons. -He never allowed a revolt to go unpunished, but immediately led or sent -an army into their territory to avenge it. Finally after all the -warriors had been overthrown or forced to surrender to the king, he -transplanted some ten thousand men with their wives and children, from -their home on the Elbe, to Gaul and Germany, distributing them through -these provinces. Thus they were brought to accept the terms of the king, -agreeing to abandon their pagan faith and accept Christianity, and to be -united to the Franks; and this war which had dragged on through so many -years was brought to an end. - -9. While this long war was going on, the king also made an expedition -into Spain, leaving garrisons behind to hold the Saxons in check. -Crossing the Pyrenees with a large army he conquered all the cities and -fortresses in the region and returned safely with his whole army, except -for those that were slain by the treachery of the Basques. For when the -army was coming back through the passes of the Pyrenees, strung out in a -long line of march because of the narrowness of the defiles, the Basques -made a sudden attack upon the rear-guard, which was protecting the -wagons and baggage of the army. The place was well suited to an -ambuscade, being thickly wooded and very steep; the Basques suddenly -rushed down from the heights where they had been hiding and fell upon -the rear-guard and destroyed it to the last man, seizing the baggage and -escaping under cover of the approaching night.... In this attack were -slain Eggihard, the king's seneschal, Anselm, count of the palace, and -Hrotland, the warden of the marches of Brittany, along with many others. -Up to the present time this attack has not been avenged, for the enemy -dispersed so quickly that it was impossible to find them or to discover -who were guilty.{45} - -10. Karl also conquered the Bretons, a people dwelling in the remote -western part of Gaul, along the shores of the ocean.... Then he again -invaded Italy, this time marching through Rome to Capua, a city of -Campania, and forcing the submission of Aragaisus, duke of Beneventum. - -11. His next expedition was against Bavaria, which was soon reduced to -subjection. This war was caused by the insubordination of duke Tassilo, -whose wife, a daughter of Desiderius, urged him on to avenge the -overthrow of her father. Tassilo made an alliance with the Huns, his -neighbors, and prepared to attack the king. Karl, incensed at such -presumption, immediately led an army in person to Bavaria, encamping on -the river Lech, which separates Alamannia and Bavaria. Before invading -the province he sent an embassy to the duke, who, seeing the -hopelessness of attempting to oppose the king, immediately made his -submission, offering hostages (among them his son Theodo) and swearing -never again to revolt. Thus this war, which in the beginning threatened -to be a serious affair, was brought to a rapid and successful -conclusion.{46} But the king later summoned Tassilo to his presence and -kept him a prisoner, not permitting him to return to his duchy; and from -that time on the province was not ruled by a duke, but was divided into -counties over which Karl placed counts of his own choosing. - -12. This rebellion having been put down, the king next made an attack -upon a tribe of the Slavs, whom we call the Wiltzi, in their own tongue, -Welatabi.... The cause of this war was the attacks which the Welatabi -were making upon the Abodriti, who were formerly allies of the Franks, -and their refusal to desist from these attacks at the command of the -king. There is a great gulf [Baltic Sea] extending east from the western -ocean [Atlantic], whose length is unknown, but whose width nowhere -exceeds one hundred miles, and is in many places narrower. Many tribes -dwell along its shores: on the northern shore and in the islands, the -Danes and the Swedes, whom we call Northmen; on the southern shore, the -Slavs and the Aisti, and other tribes, among whom are these Welatabi. -These latter were defeated in a single campaign and have never dared to -revolt again. - -13. The greatest of all the wars of Karl except the Saxon war, was that -against the Avars and the Huns.... The king himself led one expedition -against them into Pannonia, where they dwelt, but intrusted the later -ones to his son Pippin and to the dukes and counts of the neighboring -regions. The war lasted for eight years, and the bloody character of it -is shown by the fact that to-day Pannonia is uninhabited and the site of -the Khan's palace is a desert, containing no trace of former human -habitation. The whole nobility of the Huns was destroyed in the course -of this war, and all the treasure of the Avars carried away by the -Franks.{47} ... - -14. ... His last war was waged against the Danes or Northmen. Beginning -with small piratical raids, they had grown so bold that they attacked -the shores of Gaul and Germany with large fleets, and their king, -Godfrid, planned the conquest of Germany itself. He already claimed the -Frisians and Saxons as his subjects, and had subjected the Abodriti and -made them tributary. He even boasted that he would shortly proceed to -Aachen and attack Karl himself. And indeed there was real danger that he -might undertake this, but he was slain by one of his own followers and -the danger passed. - -15. These are the wars waged by this mighty king during the forty-seven -years of his reign. Through his conquests the kingdom of the Franks as -he had received it from his father Pippin was almost doubled in area. -When he came to the throne it included only a part of Gaul and of -Germany; in Gaul, that part bounded by the ocean [Atlantic], the Rhine, -the Loire, and the Balearic Sea [Mediterranean]; in Germany, that part -bounded by the Rhine, the Danube, the land of the Saxons, and the Saale, -... with the overlordship of Bavaria and Alamannia. Karl added by his -wars Aquitaine and Gascony; the Pyrenees and the land south to the Ebro; -... all of Italy as far south as lower Calabria; ... Saxony, which forms -a considerable part of Germany; ... Pannonia and Dacia; Istria, -Liburnia, and Dalmatia, except the maritime cities which were allied -with the emperor of Constantinople; and, finally, all the barbarous -tribes inhabiting Germany, between the Rhine, the Danube, the Vistula, -and the ocean [Baltic], ... of whom the most important are the Welatabi, -the Sorabi, the Abodriti, and the Bohemians. - -16. The glory of his reign was also greatly enhanced by his alliances -and friendships with foreign kings and peoples. Thus Aldefonso, king of -Gallicia and Asturia,{48} was his ally, and spoke of himself by letters -and ambassadors as the man of Karl. The kings of the Scots also were -wont to address him as master, calling themselves his subjects and -servants, of which expressions there are evidences in letters still -existing which they have written to him. He was also in close relations -with Aaron [Haroun-al-Raschid],{49} king of the Persians, who ruled -almost all of the east outside of India, and who always expressed the -greatest friendship and admiration for Karl. On one occasion, when Karl -sent an embassy with gifts for the holy sepulchre of our Lord and -Saviour, he not only permitted them to fulfil their mission, but even -made a present of that holy spot to Karl, to rule as his own. And when -the embassy of Karl returned, it was accompanied by ambassadors from -Aaron, bearing presents of fine robes, spices, and other eastern -treasures. A few years before he sent to Karl at his request an elephant -which was the only one he at that time possessed. The emperors of -Constantinople, Nicephorus, Michael, and Leo, were his friends and -allies and sent many embassies to him. Even when they suspected him of -desiring to seize their empire, because he took the title of emperor, -they nevertheless entered into alliance with him, to avoid a rupture. - -25. He was very eloquent and could express himself clearly on any -subject. He spoke foreign languages besides his own tongue, and was so -proficient in Latin that he used it as easily as his own language. Greek -he could understand better than he could speak.... He was devoted to the -study of the liberal arts and was a munificent patron of learned men. -Grammar he learned from Peter, an aged deacon of Pisa; in the other -studies his chief instructor was Alcuin, a Saxon from England, also a -deacon, and the most learned man of his time. With him he studied -rhetoric, dialectic, and especially astronomy.... He tried also to learn -to write, keeping tablets under the pillow of his couch to practise on -in his leisure hours. But he never succeeded very well, because he began -too late in life.{50} - -28. His last visit to Rome was made because the Romans had attacked and -injured pope Leo, tearing out his eyes and tongue, and had thus forced -the pope to call on the king for aid. And having come to Rome to restore -the church which had greatly suffered during the strife, he remained -there all winter. It was during this time that he received the title of -emperor and Augustus, to which he was at first so averse, that he was -wont to say that he would never have entered the church on that day, -although it was a great feast day [Christmas], if he had foreseen the -plan of the pope. But his great patience and magnanimity finally -overcame the envy and hatred of the Roman emperors [of the east], who -were indignant at his receiving the title. This he did by sending them -frequent embassies and addressing them in his letters as brothers.{51} - -29. After he became emperor he undertook a revision of the laws of his -empire, which were very defective, for the Franks had two laws [Salic -and Ripuarian] differing in many points from one another. But he was -never able to do more than to complete the various laws with a few -additional sections and cause all the unwritten laws to be put into -writing. He also wrote down for preservation the ancient German songs, -in which the wars and adventures of old heroes are celebrated. He began -also to make a grammar of his native tongue.... - -30. ... While he was spending the winter in Aachen, he was taken with a -severe fever, which the Greeks call pleurisy, and died there on Tuesday, -the fifth of the Kalends of February [January 28], in the seventy-second -year of his age and the forty-seventh of his reign. - -31. On the same day his body was prepared for burial and borne to the -church of the Virgin Mary, which he had founded, in the midst of the -lamentation of all his people, and there laid to rest. Over his tomb was -erected an arch, covered with gold, and having his image and this -inscription on it: "Under this tomb lies the body of Karl, the great and -orthodox emperor, who greatly increased the kingdom of the Franks and -ruled gloriously for forty-seven years. He died when over seventy years -of age, in the year of our Lord 814, the 7th indiction, on the fifth of -the Kalends of February." - - -{42} In the late Merovingian period the outlying parts of the kingdom -had become practically independent under native rulers, called dukes. -One of the first things undertaken by the rulers of the new line was the -reduction of these great provinces to subjection as a necessary step in -the restoration of the central authority. Much was accomplished in this -direction by the mayors, Pippin the Younger (688-714) and Karl Martel -(714-741), who attacked the Frisians, the dukes of Aquitaine, Bavaria, -and Alamannia. But the work had to be done over and over, and indeed was -never permanently accomplished. In Aquitaine Pippin the Short, king from -751 to 768, had several conflicts with the dukes of Aquitaine, Hunold -and his son Waifer. This is the struggle which Karl brought to an end as -here related. - -{43} Pippin had begun his war upon the Lombards for the purpose of -freeing the papal domains from their attacks. The Lombards had conceived -the ambitious plan of possessing all Italy, and under their kings -Liutprand, Aistulf, and Desiderius had begun to carry it out by -attacking the exarchate of Ravenna and the lands held by the pope. -Pippin had forced Aistulf to give up his conquests (chiefly the -exarchate) and had given that territory to the pope (see no. 45). Karl -was called into Italy to defend the pope against a new attack by -Desiderius, and put a definite end to this danger by conquering the -Lombard kingdom and adding it to his own rule. This is a further stage -in the connection between the popes and the emperor, between Germany and -Italy. - -{44} The war against the Saxons and their conquest practically -completed the unification of the German tribes on the continent, there -remaining outside of the empire of Karl only the Scandinavian peoples in -the north and the Angles and Saxons in England. By the conquest of the -Saxons a vigorous race of pure German blood was added to the empire; -their addition tended to increase the differences between the German and -the Gallic portions of the empire, which was the natural basis of the -division between France and Germany. The Saxons in the tenth and -eleventh centuries were perhaps the chief race of the German kingdom, -furnishing the rulers from the accession of Henry I in 919 to the death -of Henry II in 1024. Karl's insistence upon the conversion of the Saxons -to Christianity is in line with the policy of his predecessors to -Christianize all the Germans. - -{45} The chief interest of this passage lies in the fact that it is the -historical basis of the great French epic, the _Chanson de Roland_. -Einhard mentions the death of three men in this attack as of special -note; one of them was Hrotland, count of the mark of Brittany, the -Roland of the poem. - -{46} The overthrow of Tassilo, duke of Bavaria, is a part of the policy -of Karl to reduce the great duchies to control. In order to keep these -outlying provinces in subjection and to govern them efficiently Karl -divided them into counties over which he placed officials dependent -directly upon himself and not upon a duke. This policy was carried out -in Alamannia, Aquitaine, and Saxony as well, the purpose being to -prevent the formation of independent power in the large divisions of the -empire. It was successful under Karl, but later the civil wars among his -descendants gave opportunity for the rise of similar great rulers in the -same provinces (see nos. 24 and 25). - -{47} The Avars had come into Europe in the middle of the sixth century, -along the Danube. After the Lombards moved into Italy the Avars occupied -the whole Danube valley from Vienna to the mouth of the river. The -kingdom of the Khan of the Avars probably included the remnants of the -Hunnish empire and of the German tribes that had been subject to the -Huns. - -{48} The kingdom of Gallicia and Asturia was one of the small Christian -states in Spain composed of the former inhabitants that had retreated in -large numbers to the mountains in the north and west at the time of the -Mohammedan invasion (711-720). From these regions they later slowly won -back the land from the Mohammedans. - -{49} Haroun-al-Raschid was Caliph of the Mohammedan world from 786-809, -with his capital at Bagdad. His caliphate is the golden age of the -Mohammedans reflected in the "Arabian Nights." The connection of Karl -with Haroun and especially the negotiations mentioned here in regard to -Jerusalem gave rise to the later legends concerning the crusades of -Karl. - -{50} The reign of Karl is sometimes spoken of as the Carolingian -Renaissance, because of the revived interest in letters and learning -that took its impulse from the court of Karl. Here was the famous -"palace school" that included such persons as Alcuin, Angilbert, -Einhard, Peter of Pisa, Paul the Lombard, etc. The results of the -movement were seen in the writings of the time: Einhard's Annals and -Vita; the History of the Lombards, by Paul; the poems and letters of -Angilbert, etc.; in the formation of the monastery and cathedral -schools, and the better learning of the monks and clergy; in the -attempts of Karl to revise the texts of the Scriptures and to make new -text-books; and in the theological discussions of the ninth century. -Evidences of this movement are seen also in some of the letters of Karl -that are translated below. - -{51} See the note on the coronation of Karl, no. 8. The statement of -Einhard that Karl was displeased at this action of the pope has caused -considerable discussion; the reason probably was that he was unwilling -to arouse the ill-will of the eastern emperors, who would undoubtedly -regard the assumption of the imperial crown by Karl as an infringement -of their authority and position. See also nos. 13 and 14. - - - -8. The Imperial Coronation of Karl the Great, 800. - - -Duchesne, Liber Pontificalis, II, 7. - -Since 476 there had been no emperor in the west, and the emperor at -Constantinople had lost control of that part of the Roman empire. The -west, however, still regarded itself as a part of the one great empire. -The coronation of Karl the Great in 800 is the famous _translatio -imperii_, the transfer of the empire, by which according to the papal -theory the crown of the Roman empire was taken by the pope from the -emperors at Constantinople, and conferred upon the king of the Franks. -From this point of view it was the final act in the rebellion of the -popes from the control of the emperors of the east. From the point of -view of Frankish history, it was the culmination of the connection -between the popes and the king of the Franks begun with the coronation -of Pippin (see no. 6 and note). - -After this, on Christmas day, all gathered together in the aforesaid -church of St. Peter and the venerable pope crowned Karl with his own -hands with a magnificent crown. Then all the Romans, inspired by God and -by St. Peter, keeper of the keys of heaven, and recognizing the value of -Karl's protection and the love which he bore the holy Roman church and -the pope, shouted in a loud voice: "Long life and victory to Karl, the -pious Augustus crowned of God, the great and peace-bringing emperor." -The people, calling on the names of all the saints, shouted this three -times, before the holy confession of St. Peter, and thus he was made -emperor of the Romans by all. Then the pope anointed Karl and his son -with the holy oil. - - - -9. General Capitulary about the Missi, 802. - - -M. G. LL. 4to, II, 1, no. 33; Altmann und Bernheim, no. 2. - -The attempts of Karl to create a permanent central government are -reflected in the great amount of legislation which has come down to us -from his reign. This legislation is mainly in the form of capitularies, -_i.e._, edicts or instructions, covering a wide range of subjects and -interests. The general capitulary of the year 802, a portion of which is -translated here, was issued by Karl after his imperial coronation and -his return from Italy. It embodied a great number of instructions to his -officials and subjects in regard to their relation to him in his new -capacity as emperor. The publication and the enforcement of these -instructions were intrusted to the _missi_, who appear now for the first -time as regular officials of the empire. These officials were chosen -from the counsellors, officials, and great men of the court, both -ecclesiastic and secular, and were assigned to definite districts, two -_missi_ to each district. The districts were large administrative -divisions of the empire including many counties (the regular divisions), -and the two _missi_ were to travel through the district assigned to -them, looking into the general condition of the people, the -administration of local officials, the condition of the royal lands, -etc. They held four public courts a year in their district, at which -they heard complaints, tried cases, etc. They had authority to control -the regular officials and to depose them if necessary. They were -supposed to report to the emperor the condition of the empire and to -refer to him such cases as they were not able to decide. By means of -these officials Karl kept in closer touch with, and maintained a firmer -hold upon, the various parts of his empire than was possible merely by -his own oversight over the counts, and at the same time avoided the -other danger of creating independent rulers in the large districts, by -changing the _missi_ every year. - -1. Concerning the representatives sent out by the emperor. The most -serene and Christian emperor, Karl, chose certain of the ablest and -wisest men among his nobles, archbishops, bishops, abbots, and pious -laymen, and sent them out through his realm, and through these, his -representatives, he gave his people rules to guide them in living -justly. He ordered these men to investigate and to report to him any -inequality or injustice that might appear in the law as then -constituted, that he might undertake its correction. He ordered that no -one should dare to change the prescribed law by any trickery or fraud, -or to pervert the course of justice for his own ends, as many were wont -to do, or to deal unjustly with the churches of God, with the poor or -the widows and orphans, or with any Christian man. But he commanded all -men to live righteously according to the precepts of God, and to remain -each in his own station and calling; the regular clergy to observe the -rules of monastic life without thought of gain, nuns to keep diligent -watch over their lives, laymen to keep the law justly without fraud, and -all, finally, to live together in perfect peace and charity. And he -ordered his _missi_, as they desired to win the favor of Almighty God -and keep the faith which they had promised him, to inquire diligently -into every case where any man complained that he had been dealt with -unjustly by anyone, and in the fear of God to render justice to all, to -the holy churches of God, to the poor, to widows and orphans, and to the -whole people. And if any case arises which they can not correct and -bring to justice with the aid of the local counts, they are to make a -clear report of it to the emperor. They are not to be hindered in the -doing of justice by the flattery or bribery of anyone, by their -partiality for their own friends, or by the fear of powerful men. - -2. The oath of fidelity to the emperor. He has also commanded that every -man in his kingdom, clergyman or layman, who has already taken the oath -of fidelity to him as king, shall now renew it to him as emperor; and -that all persons over twelve years of age who have not yet taken the -oath shall do so now. The nature and extent of the promise should be -made known to all, for it includes not only, as some think, a promise of -fidelity to the emperor for this life, and an engagement not to bring -any enemy into the kingdom nor to take part in or conceal any infidelity -to him, but includes all the following: - -3. First, that each one shall strive with all his mind and strength on -his own account to serve God according to the commandments and according -to his own promise, for the emperor is not able to give the necessary -care and oversight to all his people. - -4. Second, that no one shall ever wrongfully claim, take, or conceal -anything that belongs to the emperor, such as lands or slaves, by -perjury or fraud, or through partiality or bribery; and that no one -shall take or conceal fugitive serfs from the royal lands, by perjury or -fraud.... - -5. That no one shall do any violence or harm to the holy churches of -God, to widows and orphans, or to strangers; for the emperor, after God -and his saints, is constituted their special protector.... - - - -10. Selections from the Monk of St. Gall. - - -Monachus Sangallensis, M. G. SS. folio, II, pp. 731 ff. - -The following documents, nos. 10-12, are intended to illustrate the -interest and activity of Karl in the revival of learning in his realm. -See also no. 7, Einhard's Life of Karl, ch. 25. The disappearance of -classical culture in the west through the disorders incident upon the -decline of the Roman empire, the migrations, and the civil wars of the -Merovingian period, was shown not only in the general ignorance among -the common people, but also in the decline of learning and culture in -the church. The selection from the Monk of St. Gall throws light upon -the palace school of Karl and his court, the other numbers illustrate -the interest of Karl in the education of the clergy and the reformation -of the church services. The Monk of St. Gall is the unknown author of a -chronicle account of the life and times of Karl, written in the latter -part of the ninth century. It contains many tales and stories which are -popular and in part legendary, showing how the figure of Karl was being -magnified in the imagination of posterity. - -I, 2. When Albinus (Alcuin), who was an Englishman, learned of the great -favor with which Karl received wise men, he took ship and came over to -him. This man was the most learned of all men of recent times in the -holy writ, being the pupil of the learned priest Beda, who was the -greatest commentator on the scriptures since St. Gregory [I]. Karl kept -him at his side continually until his death, save for occasions when the -emperor was at war. The emperor was always desirous of being known as -the pupil of Alcuin. He also gave him the monastery of Tours to serve as -a source of revenue during his own absence and as a place where Alcuin -might live and instruct the scholars who sought him. His teaching bore -such fruit among the Gauls and Franks that they approached the ancient -Romans and Athenians in learning. - -3. Now when the most victorious Karl after a long absence returned to -Gaul he ordered the boys whom he had intrusted to Clement to come to him -and show him their letters and verses. And the youths of lowly birth -showed him writings adorned with all the graces of learning, beyond what -had been expected, but the youths of noble rank presented trivial and -worthless specimens. Then the wise Karl, imitating the justice of the -eternal judge, separated the youths into two divisions and placed those -who had done well on his right hand and addressed them thus: "Receive my -thanks, children, for you have been zealous in obeying my orders and in -improving yourselves. Strive now to perfect yourselves, and I will give -you the best bishoprics and monasteries, and will ever hold you in my -favor." Then turning a severe countenance upon those on his left hand, -and striking terror into their hearts with his piercing eye, he hurled -these ironical words at them in a voice of thunder: "You nobles, you -sons of prominent men, you delicate and handsome youths! Relying on your -birth and wealth, and caring nothing for our commands or for your own -improvement, you have neglected the study of letters, and have indulged -yourselves in pleasures and idleness and empty games." Then, lifting up -his august head and raising his unconquered right hand to heaven, he -thundered forth at them with his usual oath: "By the King of heaven, I -care little for your noble birth and your beauty, though others may -admire you for them; know this, that unless you straightway make up for -your former negligence by earnest study, you need never expect any favor -from the hand of Karl." - -28. Such peace as the mighty emperor Karl was able to secure, he was not -content to spend in idleness, but devoted it to the service of God. Thus -he undertook to build, in Germany, a church after his own plan, which -should surpass the ancient buildings of the Romans.... The oversight he -intrusted to a certain abbot, not knowing his cunning. But whenever the -emperor was absent, the abbot would allow some of the laborers to -purchase their release for money, but those who were unable to pay for -this, or who were not permitted to leave by their masters, he oppressed -with continual tasks, as the Egyptians once oppressed the people of God, -so that they had scarcely any rest. By this means he gathered together -an immense treasure of gold and silver and silken hangings.... Suddenly -he was informed that his house was on fire. Hastening home he broke -through the flames into the chamber where he kept the chests of gold. -Seizing two of these, one on each shoulder (for he was not satisfied -with saving just one), he tried to escape by the door. But a great beam, -burned in two by the fire, fell upon him and killed him, his body being -destroyed by terrestrial flames, but his soul despatched to that fire -which was not kindled by mortal hands [the flames of hell]. Thus the -judgment of God watched over the interests of Karl, whenever the cares -of the empire prevented him from looking after them himself. - -II, 1. Adalbert told me about the defenses of the Huns [Avars]. "The -land of the Huns," he said, "was surrounded with nine rings.... The -distance from the first to the second ring was as far as from Zürich to -Constance; the outer ring was composed of oak, beech, and pine trees, -and was twenty feet across and twenty feet high, the space in between -the trees being filled with stones and clay, and the outer surface -covered with thick sod.... Within these [the first and second] rings the -villages were so arranged that the voice of a man could be heard from -one to another.... The distance from the second to the third ring was -ten German miles, which equal forty Italian miles, and so on to the -ninth, although, of course, each succeeding ring was narrower [contained -less land] than the one preceding it. The fortifications and dwellings -within each ring were so situated that a signal from a horn could be -heard from any one of them. In this defense the riches of the west had -been gathered together for more than two hundred years.... but the -victorious Karl was able in eight years so completely to conquer the -Huns, that not a trace of them is left." - -9. Aaron [Haroun] recognized by this incident the might of Karl, and -spoke [to Karl's ambassadors] these words of praise: "Now I understand, -how true are the things which I have heard about my brother Karl; how he -is accustomed by his ceaseless efforts and unwearied striving to make -everything under the sun serve as a means of discipline for his body and -his mind. What can I send back that will be worthy of him who has so -honored me? If I should give him the land of Abraham which was given to -Joshua, he would not be able to defend it, because of its distance from -him; or if he determined in his magnanimity to defend it, I fear that -the neighboring provinces would revolt in his absence from the Frankish -rule. Nevertheless I will try to equal him in generosity by this means: -I will give him authority over that land, and I will act as his -representative in it; he may send ambassadors to me when it pleases him -or is convenient for him, and he will find that I am the most faithful -defender of the incomes of that land."{52} - - -{52} Notice the popular or legendary character of these stories. They -are just such tales as would grow up among the people around a figure -like that of Karl. Compare the stories of the conquest of the Avars and -the embassy to Haroun in Einhard (no. 7, chs. 13 and 16), with the same -stories here. The circumstantial details are in all probability added by -popular tradition. - - - -11. Letter of Karl the Great to Baugulf, Abbot of Fulda, 787. - - -Jaffé, IV, pp. 343 ff. - -Karl, by the grace of God king of the Franks and the Lombards and -patricius of the Romans, sends loving greeting in the name of omnipotent -God to abbot Baugulf, and to the household of monks committed to his -charge. Know that we, with the advice of our faithful subjects, have -regarded it as important that in the bishoprics and monasteries of our -realm those who show themselves apt in learning should devote themselves -to study, in addition to their regular duties as monks. For as the -observance of monastic rules promotes good morals and character, so also -the practice of teaching and learning develops a pure and agreeable -style. Let those who seek to please God by living uprightly, seek to -please Him also by speaking correctly. For it is written: "By thy words -thou shalt be justified, and by thy words thou shalt be condemned" -[Matt. 12:37]. For although well-doing is more important than knowledge, -nevertheless knowledge must precede action.... We have been led to write -of this, because we have frequently received letters from monks in which -they make known to us what they are praying for, and in these letters we -have recognized correct sentiments, but an uncouth style and language. -The sentiments inspired in them by their devotion to us they could not -express correctly, because they had neglected the study of language. -Therefore we have begun to fear lest, just as the monks appear to have -lost the art of writing, so also they may have lost the ability to -understand the Holy Scriptures; and we all know that, though mistakes in -words are dangerous, mistakes in understanding are still more so. -Therefore we urge you to be diligent in the pursuit of learning, and to -strive with humble and devout minds to understand more fully the -mysteries of the Holy Scriptures. For it is well known that the sacred -writings contain many rhetorical figures, the spiritual meaning of which -will be readily apprehended only by those who have been instructed in -the study of letters. And let those men be chosen for this work who are -able and willing to learn and who have the desire to teach others. And -let this be done in the spirit in which we have recommended it. For we -desire that you, as becomes your station, shall be both devout and -learned, both chaste in life and correct in speech. Thus when anyone -shall be moved by your reputation for devotion and holiness, and shall -desire to see you, he may be both edified by your appearance and -instructed by your learning, which shall appear in your reading and -singing; and so he may go away rejoicing and giving thanks to God. Do -not fail to send copies of this letter to all your suffragans and -fellow-bishops and all the monasteries, if you desire our favor. - - - -12. Letter of Karl the Great in Regard to the two Books of Sermons -Prepared by Paul the Deacon, _ca._ 790. - - -Jaffé, IV, pp. 372 f. - -Karl, by the aid of God king of the Franks and Lombards and patricius of -the Romans, to the clergy of his realm.... Now since we are very -desirous that the condition of our churches should constantly improve, -we are endeavoring by diligent study to restore the knowledge of letters -which has been almost lost through the negligence of our ancestors, and -by our example we are encouraging those who are able to do so to engage -in the study of the liberal arts. In this undertaking we have already, -with the aid of God, corrected all the books of the Old and New -Testament, whose texts had been corrupted through the ignorance of -copyists. Moreover, inspired by the example of our father, Pippin, of -blessed memory, who introduced the Roman chants into the churches of his -realm, we are now trying to supply the churches with good reading -lessons. Finally, since we have found that many of the lessons to be -read in the nightly service have been badly compiled and that the texts -of these readings are full of mistakes, and the names of their authors -omitted, and since we could not bear to listen to such gross errors in -the sacred lessons, we have diligently studied how the character of -these readings might be improved. Accordingly we have commanded Paul the -Deacon,{53} our beloved subject, to undertake this work; that is, to go -through the writings of the fathers carefully, and to make selections of -the most helpful things from them and put them together into a book, as -one gathers occasional flowers from a broad meadow to make a bouquet. -And he, wishing to obey us, has read through the treatises and sermons -of the various catholic fathers and has picked out the best things. -These selections he has copied clearly without mistakes and has arranged -in two volumes, providing readings suitable for every feast day -throughout the whole year. We have tested the texts of all these -readings by our own knowledge, and now authorize these volumes and -commend them to all of you to be read in the churches of Christ. - - -{53} Paul the Deacon was a Lombard scholar and clergyman who after the -fall of the Lombard kingdom was invited to the court of Karl and became -one of his circle. Paul is the author of the only detailed history of -the Lombards. - - - -13. Recognition of Karl by the Emperors at Constantinople, 812. - - -Annales Laurissenses et Einhardi, M. G. SS. folio, I, p. 199. - -The following passages throw light upon the statement of Einhard (no. 7, -ch. 28) in regard to the relation of Karl with the eastern emperors -after his imperial coronation. We know from other sources that Karl -wished to acquire the title of emperor and that he had already entered -into negotiations with the empress Irene looking to a peaceful -acquisition of it, before the pope gave him the crown. He was apparently -not satisfied with his position until he obtained recognition from the -emperors in the east, whom he still regarded as the legal successors of -the Roman emperors. - -The emperor, Nicephorus, after winning many notable victories in Moesia, -fell in battle against the Bulgarians, and his son-in-law Michael was -made emperor. He received the ambassadors in Constantinople whom Karl -had sent to Nicephorus and dismissed them, sending back to Karl with -them his own ambassadors, Michael, a bishop, and Arsaphius and -Theognostus, commanders of the imperial body-guard, to confirm the -treaty which had been proposed in the time of Nicephorus. They came to -the emperor at Aachen and received a copy of the treaty from him in the -church of Aachen. In their address to him on this occasion, which they -delivered in Greek, they called him emperor and _basileus_. They then -proceeded to Rome on their way back, and received a copy of the treaty -from the pope in the church of St. Peter, the apostle. - - - -14. Letter of Karl to Emperor Michael I, 813. - - -Jaffé, IV, pp. 415 f. - -In the name of the Father, Son, and Holy Spirit. Karl, by the grace of -God emperor and Augustus, king of the Franks and the Lombards, to his -dear and honorable brother, Michael, glorious emperor and Augustus, -eternal greeting in our Lord Jesus Christ. We bless and praise our Lord -Jesus Christ with all our heart and strength for the ineffable gift of -his kindness, with which he has enriched us. For he has deigned in our -day to establish that peace between the east and the west, which we have -long sought for and have always desired, and, in answer to the daily -prayers which we have offered to him, has unified the holy immaculate -catholic church throughout the whole world and given it peace. We speak -of this peace as if it had been already brought about, for we have done -our part, and we are sure you are willing to do yours. We put our trust -in God who has ordained that this matter, the making of peace between -us, should be carried out; for he is faithful and true, giving his aid -to all who are engaged in good works, and he will bring to perfection -this work which we have begun. Desiring now to bring about this -consummation, we have sent you our legates, Amalhar, venerable bishop of -Trier, and Peter, abbot of the monastery of Nonantula, to receive from -the holy altar by your hands a copy of the treaty of peace, bearing the -signatures of your priests, patriarchs, and nobles, just as your -legates, Michael, venerable metropolitan, and Arsaphius and Theognostus, -commanders of the royal body-guard, received the copy from us, with our -signature and the signatures of our priests and nobles.... - - - -15. Letter to Ludwig the Pious Concerning the Appearance of a Comet, -837. - - -Jaffé, IV, pp. 459 f. - -The dissolution of the empire of Karl the Great began in the reign of -his son and successor, Ludwig, with the disintegration of the public -service and the attacks of Northmen and Slavs on the frontier. The -invasions of the Northmen are mentioned by Einhard as occurring in the -last days of Karl (no. 7, chapter 14). In the reigns of Ludwig and his -successors the invaders continually ravaged the shores of Gaul and -northern Germany and added materially to the distress of the period. -This letter refers in its last part to one of these raids, but it is -interesting chiefly as an illustration of the mental attitude of the men -of its age. - -It is believed by almost all the ancient authorities that the appearance -of new and unknown heavenly bodies portends to wretched mortals direful -and disastrous events, rather than pleasant and propitious ones. The -sacred scriptures alone tell of the propitious appearance of a new star; -that is, that star which the wise men of the Chaldæans are said to have -seen when, conjecturing from its most brilliant light the recent birth -of the eternal king, they brought with veneration gifts worthy the -acceptance of so great a lord. But the appearance of this star which has -lately arisen is reported by all who have seen it to be terrible and -malignant. And indeed I believe it presages evils which we have -deserved, and foretells a coming destruction of which we are worthy. For -what difference does it make whether this coming danger is foretold to -the human race by man or angel or star? The important thing is to -understand that this appearance of a new body in the heavens is not -without significance, but that it is meant to forewarn mortals that they -may avert the future evil by repentance and prayers. Thus by the -preaching of the prophet Jonah the destruction of the city, which had -been threatened by him, was deferred because the inhabitants turned from -their iniquities and evil lives.... So we trust that merciful God will -turn this threatened evil from us also, if we like them repent with our -whole hearts. Would that the destruction which the fleet of the Northmen -is said to have inflicted upon this realm recently might be regarded as -the sufficient occasion for the appearance of this comet, but I fear -that it is rather some new distress still to come that is foretold by -this terrible omen. - - - -16. The Strassburg Oaths, 842. - - -Nithard, III, 5; M. G. SS. folio, II. pp. 665 ff. - -The occasion of these oaths was the alliance between the two brothers, -Ludwig the German and Charles the Bald, against their brother Lothar. -Lothar had been defeated at the battle of Fontenay, 841, by his -brothers, who then made this league. The oaths are given in this form by -Nithard, the historian of the later Carolingians, who was the son of -Angilbert and Bertha, the daughter of Karl the Great. The _lingua -romana_ and the _lingua teudisca_ are the vulgar languages respectively -of the followers of Charles the Bald and Ludwig the German, that is, of -the inhabitants of France and of Germany. The appearance of a Latin -dialect as the language of the inhabitants of the western kingdom -indicates that the Roman elements had after all survived in Gaul and -were absorbing the German elements; the formation of two languages -mutually exclusive in the two portions of the empire suggests a fairly -advanced stage of differentiation between the German and the French -parts. But the chief interest of this document is in the field of -language study. The _lingua romana_ shows an early stage in the -development of French from Latin, while the _lingua teudisca_ is one of -the earliest forms of Old High German. The _lingua romana_ shows the -process by which the French language grew out of Latin; note that -inflectional endings have largely disappeared, and case is shown by the -use of prepositions, and that phonetic changes (changes of vowels and -consonants) have also taken place. Some of the words are good Latin, -others are very nearly modern French, and still others stand midway -between Latin and French. Most of the words in the _lingua teudisca_ can -be identified with modern German words. Note that each leader took the -oath in the language of the followers of the other, in order that his -brother's followers might understand him. So Ludwig the German speaks in -the _lingua romana_ and Charles the Bald in the _lingua teudisca_. - -So Ludwig and Charles came together at Argentaria, which is called -Strassburg in the common tongue, and there took the oaths which are -given below, Ludwig speaking in the _lingua romana_ and Charles in the -_lingua teudisca_.... Ludwig, being the elder, took the oath first, as -follows: - -Pro deo amur et pro christian poblo et nostro commun salvament, d'ist di -in avant, in quant deus savir et podir me dunat, si salvaraeio cist meon -fradre Karlo et in aiudha et in cadhuna cosa, si cum om per dreit son -fradra salvar dist, in o quid il mi altresi fazet, et ab Ludher nul -plaid numquam prindrai, qui meon vol cist meon fradre Karle in damno -sit. - -When Ludwig had finished, Charles took the oath in the _lingua -teudisca_: - -In godes minna ind in thes christânes folches ind unsêr bêdhero -gehaltnissî, fon thesemo dage frammordes, sô fram sô mir got geuuiczi -indi mahd furgibit, sô haldih thesan minan bruodher, sôso man mit rehtu -sînan bruodher scal, in thiu thaz er mig sô sama duo, indi mit Ludheren -in nohheiniu thing ne gegango, the mînan uuilon imo ce scadhen uuerdhên. - -Literal translation of the _lingua romana_, the _lingua teudisca_ being -the same with the names changed: - -"By God's love and by this Christian people and our common salvation, -from this day forth, as far as God gives me to know and to have power, I -will so aid this my brother Charles in each and every thing as a man -ought to aid his brother, in so far as he shall do the same for me; and -I will never have any dealings with Lothar that may by my wish injure -this my brother Charles." - -And this is the oath which the followers of each took in their own -tongues: - -_Lingua romana_: - -Si Lodhuuigs sagrament, que son fradre Karlo iurat, conservat, et Karlus -meos sendra de suo part non los tanit, si io returnar non l'int pois: ne -io ne neuls, cui eo returnar int pois, in nulla aiudha contra Lodhuuuig -nun li iv er. - -_Lingua teudisca_: - -Oba Karl then eid, then er sînemo bruodher Ludhuuuîge gesuor, geleistit, -indi Ludhuuuîg mîn hêrro then er imo gesuor forbrihchit, ob ih inan es -iruuenden ne mag: noh ih noh thero nohhein, then ih es iruuenden mag, -uuidhar Karle imo ce follusti ne uuirdhit. - -Literal translation of the _lingua romana_, the same as the other with -names changed: - -"If Ludwig keeps the oath which he swore to his brother Charles, and -Charles, my lord, on his part does not keep it, if I cannot prevent it, -then neither I nor anyone whom I can prevent shall ever defend him -against Ludwig." - - - -17-18. The Treaty of Verdun, 843. - - -17. Annales Bertiniani. - - -M. G. SS. folio, I, p. 440. - -The treaty of Verdun is the division of the empire among the three sons -of Ludwig the Pious, Lothar, Ludwig the German, and Charles the Bald. It -recognized the failure of the attempt of Karl to weld western Europe and -the German tribes into one state and marks the beginning of the states -of Germany and France. The student should follow on a map the line -described in the treaty. The long narrow strip which composed the -northern portion of the kingdom of Lothar had no elements of cohesion, -geographically, racially, or politically. So it became the debatable -land over which the two neighboring states of Germany and France have -ever since fought. The fate of this middle territory may be glanced at -in anticipation: The extreme northern portion came to the empire in 870 -and formed the duchy of Lotharingia, but it fell apart into little -feudal territories practically independent of the empire and finally -became separate as the Netherlands; the central portion also broke up -into small territories, part of which remained in the empire, as the -Palatinate of the Rhine, and the great Rhine bishoprics; part, like -Elsass and Lorraine, vacillated between France and Germany; the southern -portion became the kingdoms of upper and lower Burgundy, then the united -kingdom of Burgundy or Arles, and then after the acquisition of that -kingdom by the empire, broke up into small territories, part going to -Germany, part to France, and part becoming independent. - -Charles met his brothers at Verdun and there the portions of the empire -were assigned. Ludwig received all beyond the Rhine, including also -Speier, Worms, and Mainz on this side of the Rhine; Lothar received the -land bounded [by that of Ludwig on the west, and] by a line following -along the lower Rhine, the Scheldt, and the Meuse, then through Cambrai, -Hainault, Lomme, including the counties east of the Meuse, to where the -Saône flows into the Rhône, then along the Rhône to the sea, including -the counties on both sides of the Rhône; the rest as far as Spain, went -to Charles. - - - -18. Regino. - - -M. G. SS. folio, I, p. 568. - -Anno 842 (843). The three brothers divided the kingdom of the Franks -among themselves; to Charles fell the western portion from the British -ocean to the Meuse; to Ludwig, the eastern portion, that is, Germany as -far west as the Rhine, including certain cities and their counties east -of the Rhine to furnish him with wine; to Lothar, who, as the oldest, -bore the title of emperor, the part in between, which still bears the -name of Lotharingia, and all of Provence and the land of Italy with the -city of Rome. - - - -19. The Treaty of Meersen, 870. - - -M. G. LL. folio, I, p. 516; Altmann und Bernheim, no. 4. - -The northern portion of the kingdom of Lothar was divided on his death -(855) between two of his sons, Lothar and Charles, the other, Louis, -taking Italy. Charles died in 863 and Lothar in 869; thereupon their -uncles, Charles the Bald and Ludwig the German, divided that territory -between them by the treaty of Meersen, the preliminaries of which are -given here. See a map for the line of the division. - -In the year of the incarnation of our Lord 870, the third indiction, the -day before the nones of March [March 6], in the 32d year of the reign of -the glorious king Charles [the Bald], in the palace of the king at -Aachen, this agreement was made between him and his brother Ludwig. - -Count Ingelram, for king Charles. - -I promise for my lord that my lord, king Charles, will permit his -brother, king Ludwig, to have such portion of the kingdom of Lothar as -they two or their representatives may decide upon as just and equitable. -Charles will never molest him in his possession of that portion or of -the kingdom which he held before, if Ludwig on his side will keep the -same faith and fidelity toward him, which I have promised for my lord. - -Count Leutfrid, for king Ludwig. - -I promise for my lord that my lord, king Ludwig, will permit his -brother, king Charles, to have such portion of the kingdom of Lothar as -they two or their representatives may decide upon as just and equitable. -Ludwig will never molest him in his possession of that portion or of the -kingdom which he held before, if Charles on his side will keep the same -faith and fidelity toward him, which I have promised for my lord. - - - -20. Invasions of Northmen at the End of the Ninth Century. - - -Annals of Fulda, M. G. SS. folio, I, pp. 398 ff. - -See introductory note to no. 15 for the nature of these invasions. The -chronicle accounts in this and the next document illustrate very well -the necessity which lay upon the local officials of defending the -country against invaders. The particular feature of the events narrated -here is the participation of the ecclesiastical lords, archbishops and -bishops, in these warlike enterprises. This was due to the fact that the -ecclesiastical lords were great landholders and exercised all the -functions of secular officials. - -Ad annum 883. The Northmen, ascending the Rhine, plundered and burnt -many villages. Liutbert, archbishop of Mainz, with a small band of -troops, attacked them and, after killing many of them, recovered much of -the booty which they had taken. Cologne [which had been burnt by the -Northmen, 881] was rebuilt, except its churches and monasteries, and its -walls with their gates and towers were restored. - -Ad annum 885. The Northmen entered the territory about Liège, collected -all kinds of provisions, and prepared to spend the winter there. But -Liutbert, archbishop of Mainz, and count Heimrih, with others, fell upon -them suddenly, killed many of them, and drove the others into a small -stronghold. They then seized the provisions which the Northmen had -collected. The Northmen, after enduring a long siege, during which they -suffered from hunger, finally fled from the stronghold by night. - - - -21. Invasion of the Hungarians, _ca._ 950. - - -Thietmar of Merseburg, II, 27; M. G. SS. folio, III, pp. 752 f. - -Michael, bishop of Regensburg, after governing his diocese well for some -years, gathered his troops and joined the other Bavarian nobles in -resisting an invasion of the Hungarians. In the battle which followed, -our troops were defeated. One of the bishop's ears was cut off, and -after receiving many other wounds he was left for dead on the field. One -of his personal enemies had fallen at his side, and, by feigning death -when the Hungarians searched the battle-field, he escaped with his life. -When he saw that he was alone with the bishop whom he hated, he seized a -lance and tried to kill him. But the bishop, having recovered -consciousness, was able to defend himself, and, after a fierce struggle -with his enemy, succeeded in striking him down. After a long and -perilous journey the bishop found his way back to Regensburg, greatly to -the joy of his flock. All his clergy welcomed him as a bold warrior, his -flock honored and cherished him as an excellent pastor, and his wounds -and maiming redounded to his honor. - - - -22. Dissolution of the Empire. - - -Regino, M. G. SS. folio, I, pp. 590 ff. - -The empire divided in 843 was for a brief period reunited under Karl the -Fat from 884-887. But the failure of Karl either to enforce his -authority in the empire or to protect its boundaries led to his -deposition and to the definite division of the empire into small -kingdoms under local rulers. Arnulf, an illegitimate son of Karlmann, -the brother of Karl the Fat, became king of Germany; in France, as early -as 879, Provence or lower Burgundy had elected a local count, Boso, as -king; in 888, after the deposition of Karl the Fat, most of the French -nobles elected Odo, duke of Francia, who belonged to the family of the -counts of Paris, as their king, while upper Burgundy chose its own ruler -in count Rudolf, and Aquitaine still held out under its duke for the -young Charles the Simple, grandson of Charles the Bald. In Italy Charles -the Bald, Ludwig, and Karl the Fat had attempted in vain to assert the -authority of the emperor there, and Italy went its own way and became -the field of battle between rival claimants for the crown, both of them -local Italian nobles. Thus by 888 there were, including Aquitaine, six -separate kingdoms, Germany, Italy, France, Aquitaine, Provence, and -Burgundy. - -Anno 879. Boso, on hearing of the death of Louis [the Stammerer], set -out from Provence and undertook to seize the whole of Burgundy. And -after he had won over several bishops to his cause by threats and -persuasion, he proceeded to Lyon and there was anointed king over the -Burgundian realm by Aurelian, the metropolitan of Lyon, and the other -bishops. He ignored the young sons of Louis, treating them as -illegitimate because their mother had been disgraced and put away at the -order of Charles [the Bald]. But these youths, Louis and Carlman, were -raised to the throne by abbot Hugo and the other nobles, and warred -against Boso all their lives. Not only they but also the other kings of -the Franks hated him for his usurpation, and made their dukes and -vassals promise that they would try to overthrow and slay him. - -Anno 887. In this year there died at Orleans abbot Hugo, who had held -and ruled manfully the duchy [of Robert the Strong, _i.e._, Francia], -and the duchy was given by the emperor to Robert's son, Odo, who had -been up to that time count of Paris, and who, together with Gozlinus, -bishop of Paris, had protected that city with all his might against the -terrible onslaughts of the Northmen.... - -In the month of November on St. Martin's day [November 11, 887], Karl -[the Fat] came to Tribur and held a general diet. Now when the nobles of -the kingdom saw that the emperor was failing not only in bodily -strength, but in mind also, they joined in a conspiracy with Arnulf, son -of Karlmann, to raise him to the throne, and they fell away from the -emperor to Arnulf in such numbers that after three days scarcely anyone -was left to do the emperor even the services demanded by common -humanity.... King Arnulf, however, gave Karl certain imperial lands in -Alamannia for his sustenance, and then, after he had settled affairs in -Franconia, he himself returned to Bavaria. - -Anno 888. After the death of Karl the kingdoms which had obeyed his rule -fell apart and obeyed no longer their natural lord [_i.e._, Arnulf], but -each elected a king from among its own inhabitants. This was the cause -of many wars, not because there were no longer any princes among the -Franks fitted by birth, courage, and wisdom to rule, but because of the -equality of those very traits among so many princes, since no one of -them so excelled the others that they would be willing to obey him. For -there were still many princes able to hold together the Frankish empire, -if they had not been fated to oppose one another instead of uniting. - -In Italy one portion of the people made Berengar, son of Everhard, -markgraf of Friuli, king, while another portion chose as king Guido, son -of Lambert, duke of Spoleto. Out of this division came so great a strife -and so much bloodshed that, as our Lord said, the kingdom, divided -against itself, was almost brought to desolation [Matt. 12:25]. Finally -Guido was victorious and Berengar was driven from the kingdom.... - -Then the people of Gaul came together, and with the consent of Arnulf, -chose duke Odo, son of Robert, a mighty man, to be their king.... He -ruled manfully and defended the kingdom against the continual attacks of -the Northmen. - -About the same time, Rudolf, son of Conrad, the nephew of abbot Hugo, -seized that part of Provence between the Jura and the Pennine Alps -[Upper Burgundy], and in the presence of the nobles and bishops, crowned -himself king. ... But when Arnulf heard of this he advanced against -Rudolf, who betook himself to the most inaccessible heights and held out -there. All his life Arnulf, with his son Zwentibold, made war on Rudolf, -but could not overcome him, because he held out in places where only the -chamois could go and where the troops of the invaders could not reach -him. - - - -23. The Coronation of Arnulf, 896. - - -Regino, M. G. SS. folio, I, p. 607. - -Arnulf regarded himself as the successor to Karl the Great and attempted -to exercise some real authority over the whole empire. This appears in -his relations to Odo of France, to the kings of the Burgundies, and to -the claimants in Italy. The expedition which he undertook to Italy in -order to end the disorders there resulted in his receiving the imperial -crown. - -Anno 896. A second time Arnulf went down into Italy and came to Rome, -and with the consent of the pope stormed the city. This was an -unheard-of thing, not having happened since Brenno and the Gauls -captured Rome many years before the birth of Christ.{54} The mother of -Lambert, whom he had left to defend the city, fled with her troops. -Arnulf was received into the city with the greatest reverence by pope -Formosus and was crowned emperor by him before the altar of St. Peter. -But as he returned from Rome he was seized with an illness that troubled -him for a long time. - - -{54} Not true; see no. 2, for the sack of Rome by Alaric, 410, and by -Geiseric, 455. - -24, 25. Rise of the Tribal Duchies in Germany, _ca._ 900. - - - -24. Saxony. - - -Widukind, History of the Saxons, I, c. 16; M. G. SS. folio. III, p. -425. - -In the beginning of the tenth century we find Germany divided into five -great duchies, Lotharingia, Franconia, Saxony, Bavaria, and Suabia. The -boundaries of the last four corresponded pretty closely to the -boundaries of old German tribes: Franks, Saxons, Bavarians, and -Alamanni. The attempt of Karl to weld the various German tribes into one -state was successful during his reign, but that period was too brief to -extinguish the tribal feeling, and his weak successors, occupied with -schemes of selfish aggrandizement, abandoned his larger policy. During -the later Carolingian period the impotence of the central government put -the burden of ruling upon the local officials, who under the weak rule -of Ludwig the Child usurped the title of duke in each of the large -divisions. This usurpation was successful largely because the people in -each duchy regarded their new duke as the representative of tribal -unity. In Saxony and Bavaria the counts of the marks took the position -of leaders of the nobles and people of the whole provinces against the -invasions of Slavs and Hungarians, and were rewarded by the fidelity and -allegiance of the duchy. In Franconia and Suabia the same position was -won by local officials, but in these cases it was as the result of -struggles between rival families for supreme position in the duchy. The -references in documents to these events are very meager, but it will be -observed that dukes of Saxony, Bavaria, Franconia, Suabia are mentioned -in these passages. - -The last of the Carolingian emperors of the East Franks was Ludwig [the -Child], son of Arnulf.... This Ludwig married Liudgard, sister of Bruno -and the great duke Otto, and soon after died. These men, Bruno and Otto, -were the sons of Liudolf.... Bruno ruled the duchy of all Saxony, but -perished with his army in resisting an incursion of the Danes, thus -leaving the duchy to his younger and far abler brother Otto. Ludwig the -Child left no son, and all the people of Franconia and Saxony tried to -give Otto the crown. But he refused to undertake the burden of ruling, -on the ground that he was too old, and by his advice Conrad, duke of -Franconia, was anointed king. - - - -25. Suabia. - - -Annales Alamannici, M. G. SS. folio, I, pp. 55 f. - -Anno 911. Burchart, count and prince of the Alamanni, was unjustly slain -by the judgment of Anselm, and his sons Burchart and Udalrich were -driven out and his possessions and fiefs divided among his enemies.... - -Anno 913. In this year Conrad the king attacked the king of Lotharingia. -A conflict arose between Conrad and Erchanger [a count palatine in -Suabia]. The Hungarians break into Alamannia; on their return Arnulf -[duke of Bavaria] and Erchanger, with Berthold and Udalrich, attack and -defeat the Hungarians. In this year peace is made between the king and -Erchanger, and the king marries the sister of Erchanger. - -Anno 914. Conrad again comes into Alamannia. Erchanger attacks bishop -Salomon and captures him. In the same year Erchanger is captured by the -king and exiled. Immediately the young Burchart [son of Burchart] rebels -against the king and devastates his own fatherland. - -Anno 915.... Erchanger returns from exile and attacks Burchart and -Berthold and conquers them at Wallwis, and is made duke of the Alamanni -[duke of Suabia]. - - - -26. Henry I and the Saxon Cities, 919-36. - - -Widukind, I, 35; M. G. SS. folio, III, p.432. - -Henry, duke of Saxony, king of the Germans, 919-936, was the first king -of the Saxon house. He was also the first king of the Germans to accept -the feudal state and to attempt to build up a government on that basis. -He did not revive the imperial claims on Italy, but devoted himself to -strengthening his own authority in Saxony, to defending the frontiers of -the kingdom, and to creating a German state. This selection is from the -history of the Saxons written by Widukind, a monk in the monastery of -New Corvey, who wrote in the latter part of the tenth century. The -passage illustrates the relations of the Germans to the Slavs on the -east and the origin of the Saxon cities. The Slavs had moved as far west -as the Elbe, occupying the lands left vacant by the Germans after the -migrations. Much of this territory was gradually recovered by the -Germans from the time of Henry. Here we see the capture of the city of -Brandenburg and the reduction of Bohemia. Following the conquest came -the establishment of the marks and the colonization and Germanizing of -the land. - -It lies beyond my power to relate in detail how king Henry, after he had -made a nine years' truce with the Hungarians, undertook to develop the -defenses of his own land [Saxony] and to subdue the barbarians; and yet -this must not be passed over in silence. From the free peasants subject -to military service he chose one out of every nine, and ordered these -selected persons to move into the fortified places and build dwellings -for the others. One-third of all the produce was to be stored up in -these fortified places, and the other peasants were to sow and reap and -gather the crops and take them there. The king also commanded all courts -and meetings and celebrations to be held in these places, that during a -time of peace the inhabitants might accustom themselves to meeting -together in them, as he wished them to do in case of an invasion. The -work on these strongholds was pushed night and day. Outside of these -fortified places there were no walled towns. While the inhabitants of -his new cities were being trained in this way, the king suddenly fell -upon the Heveldi [the Slavs who dwell on the Havel], defeated them in -several engagements, and finally captured the city of Brandenburg. This -was in the dead of winter, the besieging army encamping on the ice and -storming the city after the garrison had been exhausted by hunger and -cold. Having thus won with the capture of Brandenburg the whole -territory of the Heveldi, he proceeded against Dalamantia, which his -father had attacked on a former occasion, and then besieged Jahna and -took it after twenty days.... Then he made an attack in force upon -Prague, the fortress of the Bohemians, and reduced the king of Bohemia -to subjection. - - - -27. The Election of Otto I, 936. - - -Widukind, II, 1, 2; M. G. SS. folio, III, pp. 437 ff. - -This passage is also taken from Widukind. It shows the ceremony of -election and coronation in the tenth century. Note the steps in the -process: (1) designation by his father, at which time the son was -probably accepted by an assembly of the nobles; (2) election by the -general assembly after the death of the father; the general assembly at -this period probably consisted only of nobles and high ecclesiastics; -(3) elevation to the throne by the feudal nobles, a survival of the -ancient ceremony of raising the king on the shield by the warriors of -the tribe; (4) presentation to the people by the bishops, and -acceptance; (5) solemn coronation and anointing by the archbishops. - -1. After Henry, the father of his country and the greatest and best of -kings, had died, all the people of the Franks and the Saxons chose for -their king his son Otto, whom Henry had already designated as his -successor, and they sent out notices of the coronation, which was to -take place at Aachen. ... And when all were assembled there, the dukes -and the commanders of the soldiers and other military leaders raised -Otto upon the throne, which was erected in the portico adjoining the -church of Karl the Great, and giving him their hands and promising him -their fidelity and aid against all his enemies, they made him king -according to their custom. Meanwhile the archbishop of Mainz and the -clergy and people awaited him within the church. And when he approached -the archbishop met him, ... and went with him to the centre of the -church; ... then turning to the people ... he said: "I bring you Otto, -chosen by God, designated by our lord Henry, and now made king by all -the princes; if this choice pleases you, raise your right hands." At -this, the whole people raised their right hands to heaven and hailed the -new ruler with a mighty shout. Then the archbishop advanced with the -king, who was clothed with a short tunic after the Frankish custom, to -the altar, on which lay the royal insignia, the sword and belt, the -cloak and armlets, the staff with the sceptre and diadem. The primate at -this time was Hildibert, a Frank by birth and a monk by training. He had -been brought up and educated at the monastery of Fulda, and finally was -made archbishop of Mainz.... Now when there had arisen a dispute as to -who should consecrate the king (for the honor was claimed by the -archbishops both of Trier and of Cologne, the former because his see was -the oldest and had been founded, as it were, by St. Peter, and the -latter because Aachen was in his diocese),{55} the difficulty was -settled by both of them yielding with all good will to Hildibert. - -The archbishop, going up to the altar, took up the sword and belt and, -turning to the king, said: "Receive this sword with which you shall cast -out all the enemies of Christ, both pagans and wicked Christians, and -receive with it the authority and power given to you by God to rule over -all the Franks for the security of all Christian people." Then taking up -the cloak and armlets he put them on the king and said: "The borders of -this cloak trailing on the ground shall remind you that you are to be -zealous in the faith and to keep peace." Finally, taking up the sceptre -and staff, he said: "By these symbols you shall correct your subjects -with fatherly discipline and foster the servants of God and the widows -and orphans. May the oil of mercy never be lacking to your head, that -you may be crowned here and in the future life with an eternal reward." -Then the archbishops Hildibert of Mainz and Wicfrid of Cologne anointed -him with the sacred oil and crowned him with the golden crown, and now -that the whole coronation ceremony was completed they led him to the -throne, which he ascended. The throne was built between two marble -columns of great beauty and was so placed that he could see all and be -seen by all. - -2. Then after the Te Deum and the mass, the king descended from his -throne and proceeded to the palace, where he sat down with his bishops -and people at a marble table which was adorned with royal lavishness; -and the dukes served him. Gilbert, duke of Lotharingia, who held the -office by right, superintended the preparations [_i.e._, acted as -chamberlain], Eberhard, duke of Franconia, presided over the -arrangements for the king's table [acted as seneschal], Herman, duke of -Suabia, acted as cupbearer, Arnulf, duke of Bavaria, commanded the -knights and chose the place of encampment [acted as marshal].{56} -Siegfrid, chief of the Saxons, second only to the king, and son-in-law -of the former king, ruled Saxony for Otto, providing against attacks of -the enemy and caring for the young Henry, Otto's brother. - - -{55} In the time of Leo IX (1048-1054) this quarrel was settled in -favor of the archbishop of Cologne because Aachen was in his diocese. - -{56} The famous banquet of Otto has been made much of by many authors -to show the power of Otto over the great dukes. It is doubtful, however, -if much importance should be attached to this. The great offices of the -court in Germany were ceremonial and titular, and since they did not -become important departments of the public service, as they did in -France and England, they were allowed to remain in the hands of the -great dukes. The serving of the dukes at the banquet cannot be made to -prove their subservience to Otto; Otto's method of controlling the dukes -was to put his own relatives in those positions. The four offices of the -seneschal, cupbearer, chamberlain, and marshal are the court positions -of the later secular electoral princes (see no. 160), the count palatine -of the Rhine, the king of Bohemia, the elector of Saxony, and the -margrave of Brandenburg. These princes on the breaking up of the tribal -duchies succeeded to the position of first rank among the nobles, which -had been held by the tribal dukes. - - - -28. Otto I and the Hungarians. - - -Widukind, III, chs. 44 ff; M. G. SS. folio, III, pp. 457 f. - -The Hungarians appear on the borders of the empire about the end of the -ninth century. From that time they are a continual source of trouble to -the kings of Germany. Arnulf had made an alliance with them against the -Slavs; the reigns of Ludwig the Child and Conrad I had suffered from -their attacks, and Henry I had succeeded in forcing them to make a -truce. Otto then defeated them in the battle of the Lechfeld (955), -which is narrated here, after which they settled in the region where -they are found to-day. - -44. While Otto was in Saxony, ambassadors of the Hungarians came to him, -under the pretext of the old alliance and friendship, but in reality, it -was supposed, in order to discover the outcome of the civil war in which -Otto had been engaged. After he had entertained them and sent them away -with gifts, he received a message from his brother, the duke of Bavaria, -saying: "Lo, the Hungarians are overrunning your land, and are preparing -to make war upon you." As soon as the king heard this, he immediately -marched against this enemy, taking with him only a few Saxons, since the -rest were occupied at that time with a conflict against the Slavs. He -pitched his camp in the territory of the city of Augsburg and was joined -there by the army of the Franconians and Bavarians and by duke Conrad -with a large following of knights. Conrad's arrival so encouraged the -warriors that they wished to attack the enemy immediately. Conrad was by -nature very bold, and at the same time very wise in council, two things -which are not usually found in the same man. He was irresistible in war, -whether on foot or on horseback; and was dear to his friends in peace as -well as in war. It now became apparent through the skirmishes of the -advance posts that the two armies were not far apart. A fast was -proclaimed in the camp, and all were commanded to be ready for battle on -the next morning. At the first gleam of dawn they all arose, made peace -with one another, and promised to aid first their own leaders and then -each other. Then they marched out of the camp with standards raised, -some eight legions in all. The army was led by a steep and difficult way -in order to avoid the darts of the enemy, which they use with great -effect if they can find any bushes to hide behind. The first, second, -and third lines were composed of Bavarians led by the officers of duke -Henry, who himself was lying sick some distance from the field of -battle--a sickness from which he died not long after. The fourth legion -was composed of Franconians, under the command of duke Conrad. The king -commanded the fifth line. This was called the royal legion and was made -up of selected warriors, brave youths, who guarded the standard of the -angel, the emblem of victory. The sixth and seventh lines were composed -of Suabians, commanded by duke Burchard, who had married the daughter of -the brother of Otto [Hedwig, daughter of Henry]. The eighth was made up -of a thousand chosen warriors of the Bohemians, whose equipment was -better than their fortune; here was the baggage and the impedimenta, -because the rear was thought to be the safest place. But it did not -prove to be so in the outcome, for the Hungarians crossed the Lech -unexpectedly, and turned the flank of the army and fell upon the rear -line, first with darts and then at close quarters. Many were slain or -captured, the whole of the baggage seized, and the line put to rout. In -like manner the Hungarians fell upon the seventh and sixth lines, slew a -great many and put the rest to flight. But when the king perceived that -there was a conflict going on in front and that the lines behind him -were also being attacked, he sent duke Conrad with the fourth line -against those in the rear. Conrad freed the captives, recovered the -booty, and drove off the enemy. Then he returned to the king, -victorious, having defeated with youthful and untried warriors an enemy -that had put to flight experienced and renowned soldiers. - -46. ... When the king saw that the whole brunt of the attack was now in -front ... he seized his shield and lance, and rode out against the enemy -at the head of his followers. The braver warriors among the enemy -withstood the attack at first, but when they saw that their companions -had fled, they were overcome with dismay and were slain. Some of the -enemy sought refuge in near-by villages, their horses being worn out; -these were surrounded and burnt to death within the walls. Others swam -the river, but were drowned by the caving in of the bank as they -attempted to climb out on the other side. The strongholds were taken and -the captives released on the day of the battle; during the next two days -the remnants of the enemy were captured in the neighboring towns, so -that scarcely any escaped. Never was so bloody a victory gained over so -savage a people. - - - -29. The Imperial Coronation of Otto I, 962. - - -Continuation of Regino; M. G. SS. folio, I, p. 625. - -The coronation of Otto is regarded as the restoration of the Holy Roman -Empire. From the time of the coronation of Arnulf (896) (see no. 23) to -Otto's first expedition, 951, the German kings had been too much -occupied at home to interfere in Italy. During these years Italy had -been the scene of a long struggle for the crown, in which the papacy had -taken part as a secular power. The result was feudal anarchy in Italy -and the degradation of the papacy. The desire to restore order in Italy, -to revive the old imperial claims, and to reform the papacy, led Otto to -accept the invitation of the pope and to make a second expedition which -ended in the coronation. Otto thus revived the Carolingian policy which -had been handed on by Arnulf. The union of Germany and Italy to form the -mediæval empire was made certain by this coronation. The kings of -Germany were pledged to the maintenance of their authority in Italy, a -policy which caused them to waste in Italy the strength and the -opportunity which they should have used to build up a German state. - -Anno 962. King Otto celebrated Christmas at Pavia in this year [961], -and went thence to Rome, where he was made emperor by pope John XII with -the acclamation of all the Roman people and clergy. The pope entertained -him with great cordiality and promised never to be untrue to him all the -days of his life. But this promise had a very different outcome from -what was anticipated by them. - -(Otto leaves Rome to attack Berengar, who claimed to be king of Italy, -and his sons Adalbert and Guido.) - -963.... In the meantime pope John, forgetting his promise, fell away -from the emperor and joined the party of Berengar, and allowed Adalbert -to enter Rome. When Otto heard of this he abandoned the siege [of San -Leo] and hastened with his army to Rome. But pope John and Adalbert, -fearing to await his arrival, seized most of the treasures of St. Peter -and sought safety in flight. Now the Romans were divided in sympathy, -part favoring the emperor because of the oppressions of the pope, and -part favoring the papal cause; nevertheless, they received him in the -city with the proper respect, and gave hostages for their complete -obedience to his commands. The emperor having entered Rome, called -together there a large number of bishops and held a synod; it was -decided at this synod that he should send an embassy after the pope to -recall him to the apostolic seat. But when John refused to come, the -Roman people unanimously elected the papal secretary Leo [VIII] to fill -his place. - - - -30-31. The Acquisition of Burgundy by the Empire, 1018-1032. - - -30. Thietmar of Merseburg. - - -M. G. SS. folio, III, p. 863. - -The kingdom of Burgundy or Arles was formed by the union of the two -small kingdoms of Provence and Upper Burgundy, the beginning of which is -told in Regino (see no. 22). The result of the acquisition of Burgundy -was not to increase the territory of Germany, but to add another kingdom -to the empire, which now included Germany, Italy, and Burgundy. - -VIII, 5. Now I shall break off the relation of these negotiations in -order to tell of the good fortune which lately befell our emperor, Henry -[II]. For his mother's brother, Rudolf, king of Burgundy, had promised -him his crown and sceptre in the presence and with the consent of his -wife and his step-sons and all his nobles, and now this promise was -repeated with an oath. This happened at Mainz in the same year -[February, 1018]. - - - -31. Wipo, Life of Conrad II. - - -M. G. SS. folio, XI, pp. 263 ff. - -8. Rudolf, king of Burgundy, in his old age ruled his realm in a -careless fashion and thereby aroused great dissatisfaction among his -nobles. So he invited his sister's son, the emperor Henry II, to come to -him, and he designated him as his successor and caused all the nobles of -his realm to swear fealty to him.... Now after the death of Henry -[1024], king Rudolf wished to withdraw his promise, but Conrad [II], -desiring to increase rather than to diminish the empire and to reap the -fruits of his predecessor's efforts, seized Basel in order to force -Rudolf to keep his promise. But queen Gisela, the daughter of Rudolf's -sister, brought about reconciliation between them. - -29. In the year of our Lord 1032, Rudolf, king of Burgundy, died, and -count Odo of Champagne, his sister's son, invaded the kingdom and had -already seized many castles and towns, partly by treachery and partly by -force. ... In this way he gained a large part of Burgundy, although the -kingdom had been promised under oath a long time before by Rudolf to -Conrad and his son, king Henry. But while Odo was doing this in -Burgundy, emperor Conrad was engaged in a campaign against the Slavs.... - -30. In the year of our Lord 1033, emperor Conrad, with his son, king -Henry, celebrated Christmas at Strassburg. From there he invaded -Burgundy by way of Solothurn, and at the monastery of Peterlingen on the -day of the purification of the Virgin Mary [February 2] he was elected -king of Burgundy by the higher and lower nobility, and was crowned on -the same day. - - - -32. Henry III and the Eastern Frontier, 1040 to 1043. - - -Lambert of Hersfeld, Annals, M. G. SS. folio, V, pp. 152 f. - -The expansion of Germany to the east was slow and unstable. Poles, -Bohemians, and Hungarians refused to remain tributary, but took every -opportunity to rebel against the Germans. We give a few passages from -Lambert's Annals to show that Henry III was aware of the policy -bequeathed him by his predecessors, although he was not very successful -in his efforts to carry it into effect. - -Anno 1040. King Henry [III] led an army into Bohemia, but suffered heavy -losses. Among others, count Werner and the standard bearer of the -monastery of Fulda were slain. - -Peter, king of Hungary, was expelled by his people. He fled to Henry and -asked his aid. - -1041. King Henry entered Bohemia a second time and compelled their duke, -Bretislaw, to surrender. He made his territory tributary to Henry. - -Ouban, who had usurped the crown of Hungary, invaded Bavaria and -Carinthia (Kaernthen) and took much booty. But the Bavarians united all -their forces, followed them, retook the booty, killed a great many of -them, and put the rest to flight. - -1042. King Henry made his first campaign against Hungary, and put Ouban -to flight. He went into Hungary as far as the Raab river, took three -great fortresses, and received the oath of fidelity from the inhabitants -of the land. - -1043. The king celebrated Christmas at Goslar, where the duke of Bohemia -came to see him. He was kindly received by the king, honorably -entertained for some time, and at length sent away in peace. Ambassadors -came to him there from many peoples, and among them those of the Rusci, -who went away sad because Henry refused to marry the daughter of their -king. Ambassadors also came from the king of Hungary and humbly sued for -peace. But they did not obtain it, because king Peter, who had been -deposed and driven out by Ouban, was there and was begging for the help -of Henry against Ouban. - - - - -II. THE PAPACY TO THE ACCESSION OF GREGORY VII, 1073 - - -The chief purpose of the documents offered in this section is to -illustrate the growth of the papal power and the development of the -conflicting claims of the empire and the papacy. The organization of the -church was a matter of slow growth, and at first the bishop of Rome -actually exercised ecclesiastical authority in a decisive way only in -his own diocese. But by 1073 the organization of the church was so -developed that the supremacy of the pope over the church and -ecclesiastical affairs in the west was in a fair way of becoming an -accomplished fact. He had secured the sole right to be called pope, -universal, and apostolic. - -The growth of his temporal power is even more clearly marked. At the -time of Constantine the bishop of Rome had no temporal authority. But -gradually he acquired power over temporal matters and exercised various -secular and even imperial prerogatives, until Gregory VII found it easy -to formulate and put forth the claim that the pope was master of the -emperor and the real ruler of the world even in temporal things. Before -1073 there was occasional friction between the empire and the papacy, -but this did not develop into a real and definite struggle for world -supremacy until Gregory VII became pope. - -Selections are here given to illustrate (1) the election of bishops, and -especially the early election of the bishop of Rome, nos. 33, 34, 37, -38; (2) the chief means by which the pope acquired recognition of his -ecclesiastical headship in the west, that is, his missionary work, nos. -35, 39, 40; (3) the rebellion of the pope against the rule of the Greek -emperors, nos. 41, 42; (4) the acquisition of land and of temporal -authority by the pope, nos. 36, 43-46, 54; (5) the development of -specific conflicting claims of pope and emperor regarding the election -and consecration of the pope, the creation and coronation of the -emperor, and the exercise of functions which had been regarded as -imperial, nos. 47-53, 55-59. - - - -33. Legislation Concerning the Election of Bishops, Fourth to the Ninth -Century. - - -Corpus Juris Canonici. Dist. LXIII, c. vi, vii, and i. - -In the election of the clergy, especially of the bishops, it was some -centuries before the theory and the practice of the church entirely -agreed. In theory the laity should have nothing to do with the election -of the clergy, but in fact, they have, at various times and in different -degrees, exercised authority over such matters. Thus, for instance, the -people of Rome had a part in the election of their bishop; the emperors -at Constantinople, at first in person, later through the exarch at -Ravenna, confirmed his election; Karl the Great and his successors named -the bishops of Germany; Otto I and Henry III made and unmade bishops of -Rome. This state of affairs lasted well into the eleventh century. The -church strove more and more to free itself from all outside influence, -while the emperors struggled to retain their control of it. - -The Corpus Juris Canonici (Body of Canon Law), which consists chiefly of -decisions of church councils and of papal decrees and bulls, is the code -of laws by which the church is governed. Frequent additions were made to -it until Gregory XIII (1572-85) prepared a standard edition of it. It -has been republished a great many times. For the sake of brevity we have -made use of a few of its chapters here instead of the longer originals -from which they are taken. - -C. vi. Laymen have not the right to choose those who are to be made -bishops. - -(From the Council of Laodicæa, fourth century.) - -C. vii. Every election of a bishop, priest, or deacon, which is made by -the nobility [that is, emperor, or others in authority], is void, -according to the rule which says: "If a bishop makes use of the secular -powers to obtain a diocese, he shall be deposed and those who supported -him shall be cast out of the church." - -(From the third canon of the second council at Nicæa, 787, quoting the -30th canon of the Apostolic Constitutions; Mansi, XVI, 748.) - -C. i. No layman, whether emperor or noble, shall interfere with the -election or promotion of a patriarch, metropolitan, or bishop, lest -there should arise some unseemly disturbance or contention; especially -since it is not fitting that any layman or person in secular authority -should have any authority in such matters.... If any emperor or -nobleman, or layman of any other rank, opposes the canonical election of -any member of the clergy, let him be anathema until he yields and -accepts the clear will of the church in the election and ordination of -the bishop. - -(From the twenty-second canon of the eighth synod of Constantinople, -869; Mansi, XVI, 174 f.) - - - -34. The Pope must be Chosen from the Cardinal Clergy of Rome, 769. - - -Enactment of a Latin council held by Stephen III, 769, Cor. Jur. Can., -Dist. LXXIX. (See also Mansi, XII, 719.) - -C. iii. It is necessary that our mistress the holy Roman Catholic church -be governed properly, and in accordance with the precedents established -by St. Peter and his successors, and that the pope be chosen from the -cardinal priests or cardinal deacons. C. iv. No one, whether layman or -clergyman, shall presume to be made pope unless he has risen through the -regular grades{57} at least to the rank of cardinal deacon or has been -made a cardinal priest. - - -{57} The grades are given as follows in the Cor. Jur. Can., Dist. -LXXVII, c. i. The candidate for the office of bishop must first have -been doorkeeper (_ostiarius_), then reader (_lector_), then exorcist -(_exorcista_), then consecrated as an acolyte (_acolythus_), then -subdeacon (_subdiaconus_), then deacon (_diaconus_), then priest -(_presbyter_), and then if he is elected he may be ordained bishop. The -law expressed in chap. iii, so thoroughly in the interests of the -ambitious clergy of Rome, was not long observed, for it frequently -happened that the bishop of some other city was chosen pope. But it was -in accord with previous legislation. The church had early declared -against the removal of a clergyman from one congregation to another. -Thus the council of Nicæa, 325, in its fifteenth canon (cf. Hefele, -Conciliengeschichte, I, pp. 418 f), "forbids bishops, priests, and -deacons to move from one town (congregation) to another, because such a -practice is against the rule of the church and has often caused -disturbances and divisions between congregations. If any bishop, priest, -or deacon disobeys this command and removes to another congregation, his -action shall be illegal, and he shall be sent back to the congregation -which he was serving." - - - -35. The Petrine Theory as Stated by Leo I, 440-61. - - -Migne, 64. - -Leo I (440-61) made frequent use of the Petrine theory. In brief this -theory is that to Peter as the prince of the apostles was committed the -supreme power over the church. To him the keys were intrusted in a -special manner. In this consisted his primacy, his superiority over the -other apostles. This primacy or first rank he communicated to his -successors, the bishops of Rome, who, by virtue of being his successors, -held the same primacy over the church and over all other bishops as -Peter held over the other apostles. The passage on which this theory is -based is found in Matt. 16:18 f: "And I say unto thee, That thou art -Peter, and upon this rock I will build my church; and the gates of hell -shall not prevail against it. And I will give unto thee the keys of the -kingdom of heaven: and whatsoever thou shalt bind on earth shall be -bound in heaven: and whatsoever thou shalt loose on earth shall be -loosed in heaven." - -We offer the following detached passages from the works of Leo I to -illustrate his conception of the theory. - -Col. 628. Our Lord Jesus Christ, the Saviour of the world, caused his -truth to be promulgated through the apostles. And while this duty was -placed on all the apostles, the Lord made St. Peter the head of them -all, that from him as from their head his gifts should flow out into all -the body. So that if anyone separates himself from St. Peter he should -know that he has no share in the divine blessing. - -Col. 656. If any dissensions in regard to church matters and the clergy -should arise among you, we wish you to settle them and report to us all -the terms of the settlement, so that we may confirm all your just and -reasonable decisions. - -Col. 995. Constantinople has its own glory and by the mercy of God has -become the seat of the empire. But secular matters are based on one -thing, ecclesiastical matters on another. For nothing will stand which -is not built on the rock [Peter] which the Lord laid in the foundation -[Matt. 16:18].... Your city is royal, but you cannot make it apostolic -[as Rome is, because its church was founded by St. Peter]. - -Col. 1031. You will learn with what reverence the bishop of Rome treats -the rules and canons of the church if you read my letters by which I -resisted the ambition of the patriarch of Constantinople, and you will -see also that I am the guardian of the catholic faith and of the decrees -of the church fathers. - -Col. 991. On this account the holy and most blessed pope, Leo, the head -of the universal church, with the consent of the holy synod, endowed -with the dignity of St. Peter, who is the foundation of the church, the -rock of the faith, and the door-keeper of heaven, through us, his -vicars, deprived him of his rank as bishop, etc. [From a letter of his -legates.] - -Col. 615. And because we have the care of all the churches, and the -Lord, who made Peter the prince of the apostles, holds us responsible -for it, etc. - -Col. 881. Believing that it is reasonable and just that as the holy -Roman church, through St. Peter, the prince of the apostles, is the head -of all the churches of the whole world, etc. - -Col. 147. This festival should be so celebrated that in my humble person -he [Peter] should be seen and honored who has the care over all the -shepherds and the sheep committed to him, and whose dignity is not -lacking in me, his heir, although I am unworthy. - - - -36. The Emperor Gives the Pope Authority in certain Secular Matters. - - -The Pragmatic Sanction of Justinian, 554; M. G. LL. folio, V, p. 175. - -One of the chief effects of the invasions of the barbarians was an -increased lawlessness and disorder throughout the territory in which -they settled. The administration of justice was seriously disturbed by -their presence in the country, and the machinery of government was, to a -certain extent, destroyed by them. Under these circumstances the clergy, -by virtue of their office and character, were looked on as -representatives of law, order, and justice, and they were quite -naturally given a voice in the administration of justice and in the -general management of affairs. The selections from the pragmatic -sanction, which Justinian issued in 554, show in part the use which he -made of the bishop of Rome to restore and secure order and good -government in Italy after the long, destructive, and demoralizing wars -which he waged with the East Goths. - -§ 12. The bishops and chief men shall elect officials for each province -who shall be qualified and able to administer its government, etc. - -§ 19. That there may be no opportunity for fraud or loss to the -provinces, we order that, in the purchase and sale of all kinds of -produce [grain, wine, oil, etc.] and in the payment and receipt of -money, only those weights and measures shall be used which we have -established and put under the control of the pope and of the senate. - - - -37. The Emperor has the Right to Confirm the Election of the Bishop of -Rome, _ca._ 650. A Letter from the Church at Rome to the Emperor at -Constantinople, Asking him to Confirm the Election of their Bishop. - - -Liber Diurnus, no. 58, Rozière's edition, pp. 103 ff; Von Sickel's -edition. pp. 47 ff. - -For a long time the emperor at Constantinople had exercised the right of -confirming the election of the bishop of Rome. No one could be ordained -and consecrated pope until his election had been confirmed by the -emperor. - -The _Liber Diurnus_ is a collection of letters or formulas which were -used by the papal secretaries as models in drawing up the pope's -letters. This particular collection was in use at the papal court from -about 600 to 900 A.D. When it became necessary to write to the emperor -at Constantinople to secure his confirmation of the election of a bishop -of Rome, a secretary would copy this letter, inserting the proper names -in the appropriate places and making such other changes in its wording -as might be necessary to fit the particular case. - -Although God himself has brought about such harmony and unity in the -election of a successor to the pope who has just died that there is -scarcely one that opposes it, it is necessary that we humbly pour out -the prayers of our petition to our most serene and pious lord who is -known to rejoice in the harmony of his subjects and graciously to grant -what they unite in asking. Now, when our pope (name), of blessed memory, -died, we all agreed in the election of (name), venerable archdeacon of -the apostolic see, because from his early youth he had served in this -church and had shown himself so able in all things that on the score of -his merits he deserved to be put at the head of the government of the -church; especially since he was of such a character that with the help -of Christ and by constant association with the aforesaid most blessed -pope (name), he has attained to the same high merits with which his -predecessor (name), of blessed memory, was graced; with his eloquence, -he stirred within us a desire for the holy joys of heaven; so we -confidently believe that what we have lost in his predecessor we have -found again in him. Therefore, with tears, all your servants beg that -you, our lord, may deign to grant our petition and accede to our wishes -concerning the ordination of him whom we have elected, and, to the glory -of the realm, authorize his ordination; that thus, after you have -established him over us as our pastor, we may constantly pray for the -life and government of our lord the emperor to the omnipotent Lord and -to St. Peter, over whose church, with your permission, a worthy governor -is now to be ordained. - -Signatures of the clergy: - -I, (name), by the mercy of God, priest of the holy Roman Church, have -signed this our action regarding (name), venerable archdeacon of the -holy apostolic see, our pope elect. - -Signatures of the laity: - -I, (name), your servant, have with full consent signed this our action -regarding (name), venerable archdeacon of the holy apostolic see, our -pope elect. - - - -38. A Letter from the Church at Rome to the Exarch at Ravenna, Asking -him to Confirm the Election of their Bishop, _ca._ 600. - - -Liber Diurnus, no. 60, Rozière's edition, pp. 110 ff; Von Sickel, pp. -50 ff. - -As is clear from the preceding number, the confirmation of the election -of the bishop of Rome was in the hands of the emperor. His residence was -at Constantinople, but he was, of course, not always to be found there. -Because of his distance from Rome it might take several months to secure -his confirmation. Such delays interfered with the administration of the -office and were very burdensome to the Romans because the pope had a -large share in the government of the city. Until their new bishop was -confirmed the government of the city was almost at a standstill. So, in -the seventh century, the emperor, at the request of the Romans, -commissioned his exarch at Ravenna to act for him in this matter. - -To the most excellent and exalted lord (may God graciously preserve him -to us for a long life in his high office), (name), exarch of Italy, the -priests, deacons, and all the clergy of Rome, the magistrates, the army, -and the people of Rome, as suppliants, send greeting. - -Providence is able to give aid and to change the weeping and groaning of -the sorrowing into rejoicing, that those who were recently smitten down -with affliction may afterward be fully consoled. For the poet king, from -whose prophetic heart the Holy Spirit spoke, has said: "Weeping may -endure for a night, but joy cometh in the morning" [Ps. 30:5]. And -again, giving thanks to God, he sings of the greatness of his mercies, -and says: "Thou hast turned for me my mourning into dancing: thou hast -put off my sackcloth, and girded me with gladness: to the end that my -glory may sing praise to thee, and not be silent" [Ps. 30: 11-12]. For -he careth for us [1 Peter, 5:7] as that chosen vessel [Peter] and our -confession of faith declare. For the things which were causing sadness -He has changed to rejoicing and has mercifully given aid to us, unworthy -sinners. Now, our pope (name) having been called from present cares to -eternal rest, as is the lot of mortals, a great load of sorrow oppressed -us, deprived, as we were, of our guardian. But because we hoped in God, -He did not permit us long to remain in this affliction. For after we had -spent three days in prayer that He would deign to make known to all who -was worthy and should be elected pope, with the aid of his grace which -inspired our minds, we all came together in the accustomed manner; that -is, the clergy and the people of Rome, the nobility and the army, as we -say, from the least to the greatest; and the election, with the help of -God and the aid of the holy apostles, fell upon the person of (name), -most holy archdeacon of this holy apostolic see of the church of Rome. -The holy and chaste life of this good man, beloved of God, was so -pleasing to all that no one opposed his election, and no one dissented -from it. Why should not men unanimously agree upon him whom the -incomparable and never failing providence of God had foreordained to -this office? For without doubt this had been determined on in the -presence of God. So, solemnly fulfilling God's decrees and confirming -the desires of our hearts with our signatures, we have sent you our -fellow-servants as the bearers of this writing, (name), most holy -bishop, (name), venerable priest, (name), regionary notary, (name), -regionary subdeacon, (names), honorable citizens, and from the most -flourishing and successful army of Rome, (name), most eminent consul, -and (names), chief men, tribunes of the army, together most earnestly -begging and praying that you may approve our choice. For he who has been -unanimously elected by us, is, so far as man can discern, above -reproach. And therefore we beg and beseech you to grant our petition -quickly, because there are many matters arising daily which require the -solicitous care and attention of a pope. And the affairs of the province -and all things connected therewith also need and are awaiting some one -to control them. Besides we need some one to keep the neighboring enemy -in check, a thing which can be done only by the power of God and of the -prince of the apostles, through his vicar, the bishop of Rome. For it is -well known that at various times the bishop of Rome has driven off our -enemies by his warnings, and at others he has turned them aside and -restrained them with his prayers; so that by his words alone, on account -of their reverence for the prince of the apostles, they have offered -voluntary obedience; and thus they whom the force of arms had not -overcome have yielded to papal threats and prayers. - -Since these things are so, again and again we beseech you, our exalted -lord, with the aid and inspiration of God, to perform the duty of your -imperial office by granting our request. And we, your humble servants, -on seeing our desires fulfilled, may then give unceasing thanks to God -and to you, and with our spiritual pastor, our bishop, enthroned on the -apostolic seat, we may pour out prayers for the life, health, and -complete victories of our most exalted and Christian lords, (names), the -great and victorious emperors, that the merciful God may grant manifold -victories to their royal courage, and cause them to triumph over all -peoples; and that God may give them joy of heart because the ancient -rule of Rome has been restored. For we know that he whom we have elected -pope can, with his prayers, influence the divine Omnipotence; and he has -prepared a joyful increase for the Roman empire, and he will aid you in -the government of this province of Italy which is subject to you, and he -will aid and protect all of us, your servants, through many years. - -Signatures of the clergy: - -I, (name), humble archpriest of the holy Roman church, have with full -consent subscribed to this document which we have made concerning -(name), most holy archdeacon, our bishop elect. - -And the signatures of the laity: - -I, (name), in the name of God, consul, have with full consent subscribed -to this document which we have made concerning (name), most holy -archdeacon, our bishop elect. - - - -39. Gregory I Sends Missionaries to the English, 596. - - -Bede's Ecclesiastical History of the English, Bk. I, chs. 23 and 25. - -The pope secured recognition of his supremacy largely because much of -the west was Christianized through his efforts. The mission established -by Augustine in England was one of the most important missionary -undertakings of the pope because it succeeded in making England Roman -Catholic. And not only that, but after the conversion of England, -Englishmen were largely instrumental in Christianizing many parts of -Europe and in subjecting them to the bishop of Rome. Thus it was an -Englishman, Boniface, who organized the church in Germany and put it -under papal control. By English and German missionaries the barbarians -to the north and east of Germany, that is, the Danes, Norwegians, -Swedes, Poles, Bohemians, and Hungarians, were Christianized and made -tributary to the pope. - -23. ... Gregory was divinely led to send Augustine, the servant of God, -and with him several other pious monks to preach the word of God to the -English.... - -25. ... So Augustine and the servants of Christ who were with him came -into Britain. At that time Ethelbert was king in Kent. He was a powerful -king and had extended the boundaries of his realm to the Humber river, -which separates the English of the north from those of the south. On the -east shore of Kent there is a small island called Thanet, about large -enough for 600 families, according to the English way of reckoning.... -Here Augustine, the servant of the Lord, landed with his companions, -who, it is said, numbered about forty. At the suggestion of the pope, -they brought with them some Franks as interpreters. They sent word to -Ethelbert that they had come from Rome, bearing good tidings which would -surely bring to all who obeyed them eternal joy in heaven and a kingdom -without end with the true and living God. The king ordered them to -remain where they were and to be supplied with food until he should make -up his mind what to do with regard to them. For he already knew about -Christianity. Indeed his wife, Bertha, of the royal family of the -Franks, was a Christian. Her family had consented to her marriage with -Ethelbert only on the condition that she should be permitted to remain -faithful to her religion, and, to aid her in this, they had sent with -her a bishop named Liudhard. - -After some days the king came to Thanet and ordered Augustine and his -companions to come to him.... At the command of the king they sat down, -and after they had preached the word of God to the king and his -companions, he responded as follows: "Beautiful indeed are your words -and the promises which you make. But because they are new and untried I -cannot accept them and desert those things which I and all the English -have held for so long. However, since you are strangers and have come so -far, and since I see that you desire to share with us those things which -you think are true and best, we do not wish to offend you. On the -contrary, we extend to you our gracious hospitality and will supply you -with the necessities of life. And you may also preach, and convert to -your faith as many as you can." And he gave them a dwelling-place in -Canterbury, which is the chief city of his kingdom. - - - -40. The Oath of Boniface to Pope Gregory II, 723. - - -Migne, 89, cols. 803 ff. - -Although the Franks accepted Christianity in 496, they had made little -progress in ecclesiastical discipline and in the knowledge of Christian -doctrine. Heathen beliefs and practices were mixed with their -Christianity, and the clergy were ignorant and undisciplined. The -influence and authority of the pope did not extend to them. Boniface was -an Englishman, a monk, and a devoted supporter of the doctrine of papal -supremacy. He spent his life as a missionary among the Germans and -gained the title of the "apostle of Germany." From 715 to his death in -754 he labored with untiring zeal to convert them and to attach them to -Rome. He visited Rome several times to secure the pope's consent and -blessing on his work, and bound himself by an oath to labor for the -advancement of papal interests. He established bishoprics which became -famous, such as Würzburg, Eichstädt, and Erfurt, and monasteries, such -as Fritzlar, and Fulda. By his efforts the German church was bound -firmly to Rome and the pope's authority established over the church in -Germany. - -The pope required the newly elected bishops of his diocese to take an -oath to be obedient and true to him. The unity of the church was to be -secured by the obedience of all to one head, that is, the pope. So when -the Lombards were converted to the orthodox faith the pope required -their bishops to take the same oath to him as did the bishops of his -diocese. Their oath is, with the exception of a few phrases, identical -with this oath of Boniface. That is, the pope regarded Lombardy and -Germany as having the same relation to him as did his own diocese about -Rome. - -I, Boniface, by the grace of God bishop, promise thee, St. Peter, prince -of the apostles, and thy vicar, blessed pope Gregory, and his -successors, through the Father, Son, and Holy Spirit, the inseparable -Trinity, and on this thy most holy body, that I will hold the holy -Catholic faith in all its purity, and by the help of God I will remain -in unity with it, without which there is no salvation. I will in no way -consent to anyone who acts against the unity of the church, but, as I -have said, I will preserve the purity of my faith and give my support to -thee [St. Peter] and to thy church, to which God has given the power of -binding and loosing, and to thy vicar, and to his successors. And if I -find out that any bishops are acting contrary to the ancient rules of -the holy fathers, I will have no communion or association with them, but -I will restrain them as far as I can. But if I cannot restrain them I -will report it at once to my lord the pope. And if I shall ever in any -way, by any deceit, or under any pretext, act contrary to this my -promise, I shall be found guilty in the day of judgment, and shall -suffer the punishment of Ananias and Sapphira, who presumed to try to -deceive thee about their possessions and to lie to thee. This text of my -oath, I, Boniface, unworthy bishop, have written with my own hand, and -have placed it over the most holy body of St. Peter; before God as my -witness and judge, I have taken this oath, which also I promise to keep. - - - -41-42. The Rebellion of the Popes against the Emperor. - - -41. Letter of Pope Gregory II to the Emperor, Leo III, 726 or 727. - - -Migne, 89, cols. 521 ff. - -From the days of Constantine the Great the emperors assumed and actually -exercised extensive authority over the church, presuming even to dictate -in matters which concerned the doctrine and practice of the church. -Since the emperor often supported doctrines which the bishop of Rome -held to be heretical, the relations between him and the pope became more -and more strained. The harsh way in which the emperors treated the popes -who resisted them angered the papal adherents. There were other reasons -also why the rule of the emperor was disliked in Rome, and so it soon -came about that the people of Rome, and even of central Italy, looked -upon the pope as the head of the opposition to the emperor and heartily -supported him when he rebelled against the Greek rule. - -The emperors met with increasing resistance when they interfered with -the bishop of Rome. Pope Vigilius (547-554) was humiliated and deposed -by Justinian and died in exile. Because Martin I (649-655) resisted the -emperor in a doctrinal matter, Constans II (642-668) had him brought as -a prisoner to Constantinople (653) and afterward exiled him to the -Crimea. But Sergius I (687-701) successfully resisted the emperor and -escaped arrest and deposition because the people of central Italy -supported him and threatened to revolt if the emperor should seize and -carry away their pope. - -The struggle about the use of images gave the popes an opportunity to -rebel and assert their complete independence of the emperor. In 726 the -emperor, Leo III, began to condemn the presence and use of images in the -churches. He met with great resistance, especially in the west, where -pope Gregory II vigorously defended the images. There followed a heated -controversy, in the course of which the pope laid down the principle -that the emperor has no authority in ecclesiastical matters. In the -letter here given Gregory II asserts his independence and practically -excommunicates the emperor. And Gregory III published a general -excommunication of all iconoclasts, as those who destroyed images were -called. The emperor was of course included in this excommunication. -Peace was never again established between the pope and emperor, and the -rebellion of the west was consummated in 800 when pope Leo III crowned -Karl the Great emperor. - -We have received the letter which you sent us by your ambassador -Rufinus. We are deeply grieved that you should persist in your error, -that you should refuse to recognize the things which are Christ's, and -to accept the teaching and follow the example of the holy fathers, the -saintly miracle-workers and learned doctors. I refer not only to foreign -doctors, but also to those of your own country. For what men are more -learned than Gregory the worker of miracles, Gregory of Nyssa, Gregory -the theologian, Basil of Cappadocia, or John Chrysostom--not to mention -thousands of others of our holy fathers and doctors, who, like these, -were filled with the spirit of God? But you have followed the guidance -of your own wayward spirit and have allowed the exigencies of the -political situation at your own court to lead you astray. You say: "I am -both emperor and bishop." But the emperors who were before you, -Constantine the Great, Theodosius the Great, Valentinian the Great, and -Constantine the father of Justinian, who attended the sixth synod, -proved themselves to be both emperors and bishops by following the true -faith, by founding and fostering churches, and by displaying the same -zeal for the faith as the popes. These emperors ruled righteously; they -held synods in harmony with the popes, they tried to establish true -doctrines, they founded and adorned churches. Those who claim to be both -emperors and priests should demonstrate it by their works; you, since -the beginning of your rule, have constantly failed to observe the -decrees of the fathers. Wherever you found churches adorned and enriched -with hangings you despoiled them. For what are our churches? Are they -not made by hand of stones, timbers, straw, plaster, and lime? But they -are also adorned with pictures and representations of the miracles of -the saints, of the sufferings of Christ, of the holy mother herself, and -of the saints and apostles; and men expend their wealth on such images. -Moreover, men and women make use of these pictures to instruct in the -faith their little children and young men and maidens in the bloom of -youth and those from heathen nations; by means of these pictures the -hearts and minds of men are directed to God. But you have ordered the -people to abstain from the pictures, and have attempted to satisfy them -with idle sermons, trivialities, music of pipe and zither, rattles and -toys, turning them from the giving of thanks to the hearing of idle -tales. You shall have your part with them, and with those who invent -useless fables and babble of their ignorance. Hearken to us, emperor: -abandon your present course and accept the holy church as you found her, -for matters of faith and practice concern not the emperor, but the -pope,{58} since we have the mind of Christ [1 Cor. 2:16]. The making of -laws for the church is one thing and the governing of the empire -another; the ordinary intelligence which is used in administering -worldly affairs is not adequate to the settlement of spiritual matters. -Behold, I will show you now the difference between the palace and the -church, between the emperor and the pope; learn this and be saved; be no -longer contentious. If anyone should take from you the adornments of -royalty, your purple robes, diadem, sceptre, and your ranks of servants, -you would be regarded by men as base, hateful, and abject; but to this -condition you have reduced the churches, for you have deprived them of -their ornaments and made them unsightly. Just as the pope has not the -right to interfere in the palace or to infringe upon the royal -prerogatives, so the emperor has not the right to interfere in the -churches, or to conduct elections among the clergy, or to consecrate, or -to administer the sacraments, or even to participate in the sacraments -without the aid of a priest; let each one of us abide in the same -calling wherein he is called of God [1 Cor. 7:20]. Do you see, emperor, -the difference between popes and emperors? If anyone has offended you, -you confiscate his house and take everything from him but his life, or -you hang him or cut off his head, or you banish him, sending him far -from his children and from all his relatives and friends. But popes do -not so; when anyone has sinned and has confessed, in place of hanging -him or cutting off his head, they put the gospel and the cross about his -neck, and imprison him, as it were, in the sacristy or the treasure -chamber of the sacred vessels; they put him into the part of the church -reserved for the deacons and the catechumens; they prescribe for him -fasting, vigils, and praise. And after they have chastened and punished -him with fasting, then they give him of the precious body of the Lord -and of the holy blood. And when they have restored him as a chosen -vessel, free from sin, they hand him over to the Lord pure and -unspotted. Do you see now, emperor, the difference between the church -and the empire? Those emperors who have lived piously in Christ have -obeyed the popes, and not vexed them. But you, emperor, since you have -transgressed and gone astray, and since you have written with your own -hand and confessed that he who attacks the fathers is to be execrated, -have thereby condemned yourself by your own sentence and have driven -from you the Holy Spirit. You persecute us and vex us tyrannically with -violent and carnal hand. We, unarmed and defenseless, possessing no -earthly armies, call now upon the prince of all the armies of creation, -Christ seated in the heavens, commanding all the hosts of celestial -beings, to send a demon upon you;{59} as the apostle says: "To deliver -such an one unto Satan for the destruction of the flesh, that the spirit -may be saved" [1 Cor. 5:5]. Do you see now, emperor, to what a pitch of -impudence and inhumanity you have gone? You have driven your soul -headlong into the abyss, because you would not humble yourself and bend -your stubborn neck. When a pope is able by his teaching and admonition -to bring the emperor of his time before God, guiltless and cleansed from -all sin, he gains great glory from Him on the holy day of resurrection, -when all our secrets and all our works are brought to light to our -confusion in the presence of his angels. But we shall blush for shame, -because you will have lost your soul by your disobedience, while the -popes that preceded us have won over to God the emperors of their times. -How ashamed we will be on that day, that the emperor of our time is -false and ignominious, instead of great and glorious. Now, therefore, we -exhort you to do penance; be converted and turn to the truth; obey the -truth as you found and received it. Honor and glorify our holy and -glorious fathers and doctors who dispelled the blindness from our eyes -and restored us to sight. You ask: "How was it that nothing was said -about images in six councils?"{60} What then? Nothing was said about -bread or water, whether that should be eaten or not; whether this should -be drunk or not; yet these things have been accepted from the beginning -for the preservation of human life. So also images have been accepted; -the popes themselves brought them to councils, and no Christian would -set out on a journey without images, because they were possessed of -virtue and approved of God. We exhort you to be both emperor and bishop, -as you have called yourself in your letter. But if you are ashamed to -take this upon yourself as emperor, then write to all the regions to -which you have given offence, that Gregory the pope and Germanus the -patriarch of Constantinople are at fault in the matter of the images -[that is, are responsible for the destruction of the images],{61} and we -will take upon ourselves the responsibility for the sin, as we have -authority from God to loose and to bind all things, earthly and -celestial; and we will free you from responsibility in this matter. But -no, you will not do this! Knowing that we would have to render account -to Christ the Lord for our office, we have done our best to convert you -from your error, by admonition and warning, but you have drawn back, you -have refused to obey us or Germanus or our fathers, the holy and -glorious miracle-workers and doctors, and you have followed the teaching -of perverse and wicked men who wander from the truth. You shall have -your lot with them. As we have already informed you, we shall proceed on -our way to the extreme western regions, where those who are earnestly -seeking to be baptized are awaiting us. For although we have sent them -bishops and clergymen from our church, their princes have not yet been -induced to bow their heads and be baptized, because they hope to be -received into the church by us in person. Therefore we gird ourselves -for the journey in the goodness of God, lest perchance we should have to -render account for their condemnation and for our faithlessness. May God -give you prudence and patience, that you may be turned to the truth from -which you have departed; may he again restore the people to their one -shepherd, Christ, and to the one fold of the orthodox churches and -prelates, and may the Lord our God give peace to all the earth now and -forever to all generations. Amen. - - -{58} Note the plain statement that the emperor has no authority in -ecclesiastical matters. Observe also the general tone of the whole -letter. - -{59} This is equivalent to the excommunication of the emperor. But as -Gregory's authority was not recognized in Constantinople, his -excommunication of the emperor would not be observed. - -{60} The first six general councils of the church here referred to were -(1) Nicæa, 325; (2) Constantinople, 381; (3) Ephesus, 431; (4) -Chalcedon, 451; (5) Constantinople, 553; (6) Constantinople, 681. - -{61} The text of this passage, as Migne has it, is perhaps corrupt; its -meaning, at any rate, is obscure. We have given the only reasonable -interpretation that seemed possible. Apparently the pope agrees to -assume the responsibility for the destruction of images in the past, if -only the emperor will accept the papal view and cease from his -opposition to images in the future. - - - -42. Gregory III Excommunicates all Iconoclasts, 731 A.D. - - -Mansi, XII, cols. 272 f; Duchesne, Liber Pontificalis, I, p. 416. - -See introductory note to no. 41. - -The pope [Gregory III] made a decree in the council that if anyone, in -the future, should condemn those who hold to the old custom of the -apostolic church and should oppose the veneration of the holy images, -and should remove, destroy, profane, or blaspheme against the holy -images of God, or of our Lord Jesus Christ, or of his mother, the -immaculate and glorious Virgin Mary, or of the apostles, or of any of -the saints, he should be cut off from the body and blood of our Lord -Jesus Christ. And all the clergy present solemnly signed this decree. - - - -43. The Pope, Gregory III, Asks Aid of the Franks against the Lombards, -739. A Letter of Gregory III to Karl Martel. - - -Jaffé, IV, p. 14. - -When the pope was attacked by the Lombards he found himself without -protection. Aside from the fact that the Greek emperor was wholly -occupied in the east, the pope was in rebellion against him and so could -not expect aid from him. Under these circumstances there was nothing to -do but seek help from the Franks. But Karl Martel was a friend of the -Lombards and so, although the pope appealed to him more than once, Karl -declined to give him aid and to interfere in the affairs of Italy. - -Pope Gregory to his most excellent son, Karl, sub-king. - -In our great affliction we have thought it necessary to write to you a -second time, believing that you are a loving son of St. Peter, the -prince of apostles, and of ourselves, and that out of reverence for him -you would obey our commands to defend the church of God and his chosen -people. We can now no longer endure the persecution of the Lombards, for -they have taken from St. Peter all his possessions, even those which -were given him by you and your fathers. These Lombards hate and oppress -us because we sought protection from you; for the same reason also the -church of St. Peter is despoiled and desolated by them. But we have -intrusted a more complete account of all our woes to your faithful -subject, our present messenger, and he will relate them to you. You, oh -son, will receive favor from the same prince of apostles here and in the -future life in the presence of God, according as you render speedy aid -to his church and to us, that all peoples may recognize the faith and -love and singleness of purpose which you display in defending St. Peter -and us and his chosen people. For by doing this you will attain lasting -fame on earth and eternal life in heaven. - - - -44-46. The Acquisition of Land by the Pope. - - -44. Promise of Pippin to Pope Stephen II, 753-54. - - -Duchesne, Liber Pontificalis, I, pp. 447 ff. - -The Lombards entered Italy in 568 and soon established themselves in the -valley of the Po. For some years the boundary line between them and the -Byzantine possessions, that is, the lands still held by the emperor, -ran, roughly speaking, from Monselice (near Padua) west to Mantua, then -southwest to Reggio, then northwest to Parma, then southwest to Berceto -in the Apennines. But after Authari (583-90) became king of the Lombards -he renewed the war of conquest which had been interrupted for a few -years. He and his successors conquered the Byzantine possessions bit by -bit and added them to the Lombard kingdom. In this way Lombardy was -slowly enlarged and the Byzantine land, which was called the "province -Italy" (Italia provincia), was correspondingly reduced in size. Success -made the Lombard kings more ambitious and led them to plan the conquest -of all Italy. A great step forward was taken in 749 when Aistulf took -Ravenna, drove out the exarch, and put an end to the Byzantine rule in -central Italy. Tuscany, which was separated from Liguria by a line from -Luna to Berceto, was already in their hands, and Corsica, after -suffering several invasions, had finally been occupied by them in the -eighth century. Venice, Istria, and the duchies of Rome, Spoleto, and -Benevento were next attacked, but they united to resist their common -enemy, and put themselves under the protection of the pope. Under these -circumstances Stephen II (752-757) saw an opportunity to unite all these -provinces and to make himself their political head. He determined to try -to succeed to the power of the emperor in Italy. He accordingly went to -France and secured the promise from Pippin to give him all the -above-named territories and to force the Lombards to withdraw from them -into the territory which they had first occupied. See no. 6. It was an -ambitious plan which Stephen II formed, but he could not carry it into -effect. Pippin fulfilled his promise only in part, and the pope was -content with a few cities and the promise of Aistulf that he would never -again attack any of the territories named in Pippin's promise. -Desiderius (756-774), however, did not keep the promise which Aistulf, -his predecessor, had given, but made war on the duchy of Rome. Adrian I -(772-795) called on Karl the Great to come to his aid. Karl came, and, -while spending Easter (774) at Rome, at the earnest request of Adrian, -renewed the promise of his father. But Karl did not keep this promise -which had been so solemnly made. Contrary to the wishes of the pope he -made himself king of the Lombards and thereby inherited the ambitions, -pretensions, policy, and interests of the Lombard kings. The situation -was changed. To Karl, as well as to the dukes of Benevento and Spoleto, -and to the people of Istria, an increase in the power of the pope was no -longer a desirable thing. So Karl refused to keep his promise. Adrian -angrily protested. But Karl was deaf to protests and threats. Their -relations were consequently strained for some time, but eventually they -made a compromise. Karl gave him certain Tuscan cities and some taxes -from the rest of Tuscany and from Spoleto. For nearly 200 years the -promise of Pippin lost all importance, until it was renewed in 962 by -Otto I, who incorporated it in his famous gift to John XII. See no. 54. - -When the king learned of the approach of the blessed pope, he hastened -to meet him, accompanied by his wife and sons and nobles, and sent his -son Charles and certain of the nobles nearly one hundred miles in -advance to meet the pope. He himself, however, received the pope about -three miles from his palace of Pontico, dismounting and prostrating -himself with his wife and sons and nobles, and accompanying the pope a -little distance on foot by his saddle as if he were his esquire. Thus -the pope proceeded to the palace with the king, giving glory and praise -to God in a loud voice, with hymns and spiritual songs. This was on the -sixth day of the month of January, on the most holy festival of the -Epiphany of our Lord Jesus Christ. And when they were seated in the -palace the pope began to beseech the king with tears to make a treaty -with St. Peter and the Roman state{62} and to assume the protection of -their interests. And the king assured the pope on his oath that he would -strive with all his powers to obey his prayers and admonitions and to -restore the exarchate of Ravenna and the rights and territories of the -Roman state, as the pope wished.... - -The aforesaid king Pippin, after receiving the admonitions and the -prayers of the pope, took leave of him and proceeded to the place called -Kiersy,{63} and called together there all the lords of his kingdom, and -by repeating to them the holy admonitions of the pope he persuaded them -to agree to fulfil his promise to the pope. - - -{62} Rome is evidently regarded as the possession of St. Peter. In that -case the administration of its government is in the hands of the pope, -who is the vicar of St. Peter on earth. - -{63} The meeting at Kiersy took place April 14, 754. - - - -45. Donation of Pippin, 756. - - -Duchesne, Liber Pont., I, p. 454. - -See introductory note to no. 44. - -The most Christian king of the Franks [Pippin] despatched his counsellor -Fulrad, venerable abbot and priest, to receive these cities, and then he -himself straightway returned to France with his army. The aforesaid -Fulrad met the representatives of King Aistulf at Ravenna, and went with -them through the various cities of the Pentapolis and of Emilia, -receiving their submission and taking hostages from each and bearing -away with him their chief men and the keys of their gates. Then he went -to Rome, and placed the keys of Ravenna and of the other cities of the -exarchate along with the grant of them which the king had made, in the -confession of St. Peter,{64} thus handing them over to the apostle of -God [Peter] and to his vicar the holy pope and to all his successors to -be held and controlled forever. These are the cities: Ravenna, Rimini, -Pesaro, Conca, Fano, Cesena, Sinigaglia, Forlimpopoli, Forli with the -fortress of Sussubium, Montefeltre, Acerreagium, Monte Lucati, Serra, -San Marino, Bobbio, Urbino, Cagli, Lucioli, Gubbio, Comacle; and also -the city of Narni, which in former years had been taken from the duchy -of Spoleto by the Romans. - - -{64} The grave of St. Peter is under the high altar of St. Peter's in -Rome. In front of the grave and on the same level with it is a large -open space to which one descends by a flight of steps. This open space -in front of the tomb is called the "confession of St. Peter." - - - -46. Promise of Charles to Adrian I, 774. - - -Duchesne, Liber Pont., I p. 498. - -See introductory note to no. 44. - -Now on Wednesday the aforesaid pope [Adrian] came to the church of St. -Peter the apostle, with all his officials, both ecclesiastical and -military, and held a conference with the king and earnestly besought, -admonished, and exhorted him by his paternal love to fulfil the promise -which his father, Pippin, the former king, and he himself [that is, -Karl], along with his brother Karlmann and all the officials of the -Franks, had made to St. Peter and to his vicar the holy pope, Stephen -II, of blessed memory, when he went to France; that is, to give to St. -Peter and to all his vicars certain cities and their territories in the -province of Italy to be held forever. And when the king had caused them -to read to him that promise which had been made at Kiersy in France, he -and his officials ratified all its provisions. And of his own will and -gladly the aforesaid Karl, the most excellent and truly Christian king -of the Franks, ordered another promise of the gift, an exact copy of the -former, to be drawn up by Etherius, his chaplain and notary, in which he -granted to St. Peter the same cities and their territories, and promised -that they would be handed over to the pope according to the designated -boundaries as they were contained in that gift; that is, Corsica, and -from Luna to Suriano, thence over the Apennines to Berceto, thence to -Parma, thence to Reggio, and thence to Mantua and Monselice; and besides -the whole exarchate of Ravenna as it was of old, and the provinces of -Venetia and Istria, as well as the duchies of Spoleto and Benevento. And -when the grant had been drawn up and signed with his own hand, Karl -caused all the bishops, abbots, dukes, and counts to sign it also. And -placing it first on the altar of St. Peter, and then within his holy -confession, the king of the Franks and his officials gave it thus to St. -Peter and to his vicar the holy pope Adrian, promising with a solemn -oath that they would observe everything contained in that grant. And -this most Christian king of the Franks caused Etherius to draw up a copy -of this grant and placed it himself upon the body of St. Peter, under -the gospels which are kissed there, that it might be a perpetual -testimonial of the gift and an eternal memorial of his name and of the -Frankish kingdom. And the king took with him other copies of the same -grant that were made by the notary of the holy Roman church. - - - -47. Karl the Great Declares the Pope Has Only Spiritual Duties, 796. -Letter of Karl to Leo III. - - -Jaffé, IV. pp. 354 [ff]. - -Karl the Great had a keen sense of his authority and position, and -resented any action which seemed to him an infringement of his -prerogatives. Adrian I had offended him by presuming to approve and -publish the acts of the council of Nicæa, 787, without waiting for -Karl's authorization. By this letter to the pope, Leo III, Karl made it -plain to him that his duties were only spiritual. - -Karl, by the grace of God king, of the Franks and Lombards, and -patricius of the Romans, to his holiness, pope Leo, greeting.... Just as -I entered into an agreement with the most holy father, your predecessor, -so also I desire to make with you an inviolable treaty of mutual -fidelity and love; that, on the one hand, you shall pray for me and give -me the apostolic benediction, and that, on the other, with the aid of -God I will ever defend the most holy seat of the holy Roman church. For -it is our part to defend the holy church of Christ from the attacks of -pagans and infidels from without, and within to enforce the acceptance -of the catholic faith. It is your part, most holy father, to aid us in -the good fight by raising your hands to God as Moses did [Ex. 17:11], so -that by your intercession the Christian people under the leadership of -God may always and everywhere have the victory over the enemies of His -holy name, and the name of our Lord Jesus Christ may be glorified -throughout the world. Abide by the canonical law in all things and obey -the precepts of the holy fathers always, that your life may be an -example of sanctity to all, and your holy admonitions be observed by the -whole world, and that your light may so shine before men that they may -see your good works and glorify your father which is in heaven [Matt. -5:16]. May omnipotent God preserve your holiness unharmed through many -years for the exalting of his holy church. - - - -48. Karl the Great Exercises Authority in Rome, 800. - - -Einhard's Annals, M. G. SS. folio, I, p. 188. - -The title of patricius of Rome was somewhat vague and it is impossible -to say exactly how much actual authority attached to it. But it is -evident from Karl's conduct that he regarded himself as responsible for -the government of Rome. The passage from Einhard's Annals shows that -Karl was the supreme authority in legal matters there. He acted as judge -even in the case of the pope. There was no one willing to make a formal -charge against Leo, and hence he might have been declared innocent. But -he was not willing to receive that sort of acquittal. So of his own -accord he took an oath to his innocence. - -Anno 800. The day before Karl reached Rome pope Leo came to Nomentum to -meet him. Karl received him with great honor and they dined together. -The pope preceded Karl to Rome, and the next morning took his stand, -with the bishops and all the clergy of the city, on the steps of St. -Peter's to receive Karl when he should come. ... Seven days later Karl -called a public meeting, in which he made known the reasons why he had -come to Rome. He then devoted himself every day to the accomplishment of -the things which had called him to the city. Of these he began with the -most important as well as the most difficult, namely, the investigation -of the crimes with which the pope was charged. As there was no one who -was willing to prove the truth of those charges, Leo took the gospels in -his hand, and, in the presence of all the people, mounted the pulpit in -St. Peter's, and took an oath that he was innocent of the crimes laid to -his charge. - - - -49. The Oath of Pope Leo III before Karl the Great, 800. - - -Jaffé, IV, pp. 378 [ff]. - -See introductory note to no. 48. - -Most beloved brethren, it is well known that evil men rose up against me -and wished to do me harm and accused me of grave crimes. And now the -most clement and serene king, Karl, has come with his priests and nobles -to this city to try the case. Therefore, I, Leo, bishop of the holy -Roman church, neither judged nor coerced by anyone, do clear and purge -myself from these charges before you in the sight of God, who knows my -secret thoughts, and of his holy angels, and of St. Peter, in whose -church we now stand. I swear that I neither did these wicked and -criminal things of which my enemies accuse me, nor ordered them to be -done, and of this God is my witness, in whose presence we now stand and -into whose judgment we shall come. And I do this in order to clear -myself of these suspicions, and not because it is commanded in the -canons, or because I desire to impose this practice as a precedent upon -my successors or brothers and fellow-bishops. - - - -50. The Oath of the Romans to Ludwig the Pious and Lothar, 824. - - -Altmann und Bernheim, no. 35. - -The emperor, Ludwig the Pious, intrusted the government of Italy to his -oldest son, Lothar. In order to keep control of the papal elections, -Lothar compelled the Romans to take the following oath: - -I, (name), promise in the name of the omnipotent God and on the four -holy gospels and on this cross of our Lord Jesus Christ and on the body -of most blessed Peter, prince of the apostles, that from this day I will -be faithful to our lords, the emperors, Ludwig [the Pious] and Lothar, -all my life, according to my strength and understanding, without any -fraud or deceit, in so far as this shall not violate the oath of -fidelity which I have sworn to the pope. And I promise that according to -my strength and understanding I will not permit a papal election to take -place in any way except canonically and legally, and that he who may be -elected pope shall not with my consent be consecrated until, in the -presence of the emperor's ambassadors and of the people, he takes such -an oath as pope Eugene{65} did that he will rule without any change. - - -{65} Eugene II (824-827) was then pope. The text of the oath which he -had sworn to Lothar is not preserved. But we may infer its contents from -the expression "that he will rule without any change." - - - -51. The Emperor Admits the Right of the Pope to Confer the Imperial -Title. Passages from a Letter of Ludwig II, Emperor, to Basil, Emperor -at Constantinople, 871. - - -Bouquet, VII, pp. 572 [ff]. - -Although the Greek emperor, Michael, recognized Karl the Great as -emperor in the west (see nos. 13-14), some of his successors took a -different view of the matter and declared the emperors in the west -usurpers. Basil had written to Ludwig II saying that the latter was not -emperor and therefore should not assume the title. Ludwig replied with -some vigor, advancing various arguments in his own favor. The student -should examine this letter to discover (1) the objections which Basil -had made, and (2) the arguments by which Ludwig II refuted them. - -Among other things, Ludwig said he had a right to the title of emperor: - -Because all the patriarchs and all men of every rank, except you alone, -have, of their own accord, addressed us as such whenever they have -written to us. And besides, our uncles [Charles the Bald and Ludwig the -German], glorious kings, willingly call us emperor. And they do so, not -out of regard for our age, for they are older than we, but because of -the anointing and consecration by which, with God's will, we were -advanced to this high office through the laying on of the hands of the -pope, and because, at God's command, we have the government of the Roman -empire.... - -We are much surprised that you should say we are laying claim to a title -which is new to our family. For that cannot be a new title which was -held by our grandfather. And he did not usurp it, as you say he did, but -he received it at the command of God, by the decision of the church, and -through the anointing and laying on of the hands of the pope.... - -It is absurd that you should say I have not inherited the imperial name, -and that my race is not worthy to have such a dignity. Even my -grandfather inherited it from his father. Why is not my race worthy of -producing an emperor, since emperors have been chosen from among the -Spaniards and Isaurians and Khazars? For surely you cannot say that -those nations are more renowned than the Franks either in religion or in -courage.... To your statement that we do not rule over even all of -France, here is a brief answer: We surely do rule over all France, since -we certainly have what they have, with whom we are one in flesh and -blood and one spirit through the Lord. - -You wonder that we are called emperor of the Romans instead of emperor -of the Franks. But you ought to know that if we were not emperor of the -Romans we could not be emperor of the Franks. For we have received this -name and dignity from the Romans, whose people and city, the mother of -all the churches of God, we have received, in accordance with God's -will, to govern, to defend, and to exalt, and from her our family -received the authority, first, to rule as kings, and, afterward, as -emperors. For the rulers of the Franks were first called kings and -afterward those who were anointed with holy oil by the popes to this -office were called emperors. Karl the Great, our grand-grandfather, -having been anointed in this way, because of his great piety, was the -first of our race and family to be called emperor and to be the anointed -of the Lord. How much greater right have we to the imperial title, -therefore, than the many who have been made emperor without any -religious ceremony or holy rite being performed by a pope, being elected -only by the senate and people of Rome, who had no regard for such holy -rites? And some have been made emperor by even less authority, being -proclaimed by the army, and others by women, and others in still other -ways. - -Now, if you blame the Roman bishop for what he did [in crowning Karl the -Great], you must also blame Samuel, because, after anointing Saul, he -rejected him and anointed David to be king. But it will be easy to -answer anyone who shall make even one complaint against the pope [for -having anointed Karl the Great as emperor]. If you will search the pages -of the Greek annals and see what the bishops of Rome had to endure from -their enemies, and yet received no protection from you, and even what -they had to endure from you and your people, you will find many things -which will prevent you from blaming them. But these external matters -were of little importance compared with the efforts of the Greeks to -destroy the church by their many heresies. So, very properly, the -bishops of Rome deserted the apostate Greeks--for what concord hath -Christ with Belial? [2 Cor. 6:15]--and joined a people which clung to -God and brought forth the fruits of his kingdom. For "God is no -respecter of persons," as the great apostle said, "but in every nation -he that feareth him is accepted with him" [Acts 10:34, 35]. Therefore, -since this is so, why do you make it a reproach to us who have the -imperial crown that we are born of the Franks, when in every nation he -that feareth God is accepted with him? Theodosius the elder [379-395] -and his sons, Arcadius and Honorius, and Theodosius the younger, son of -Arcadius, were Spaniards, and yet we do not find that anyone blamed -Theodosius or objected to him because he was a Spaniard, and not a -Roman, or tried to prevent his sons from succeeding to the position and -honor of their father, as you now try to do, as if the race of the -Franks did not belong to that inheritance concerning which the Father -speaks to the Son, saying: "Ask of me and I shall give thee the heathen -for thine inheritance, and the uttermost parts of the earth for thy -possession" [Ps. 2:8]. And in another place: "For them that honor me I -will honor" [1 Sam. 2:30]. And there are many other such sayings. - -Therefore, my dearest brother, cease to be contentious in this matter -and to listen to flatterers. For the race of the Franks has brought -forth the most abundant fruits to the Lord, not only in believing -quickly, but also in converting others to the faith. But the Lord spoke -of you when he said: "The kingdom shall be taken from you and given to a -nation bringing forth the fruits thereof" [Matt. 21:43]. For as God was -able of stones to raise up children unto Abraham [Matt. 3:9], so from -the hardness of the Franks he was able to raise up successors to the -Roman emperors. ... And as Christians, through faith in Christ, are the -seed of Abraham, and the Jews, through lack of faith, ceased to be sons -of Abraham, so also we, through our correct belief, that is, through our -orthodoxy, received the government of the Roman empire, and the Greeks, -because of their heresy, ceased to be emperors. They deserted not only -the city which was the seat of the empire, but even the Roman people, -and moved to other parts [that is, Constantinople], and have even lost -the Latin tongue. - - - -52. The Pope Enacts that Papal Elections must Take Place in the Presence -of the Emperor's Representatives. Enactment of a Roman Synod Held by -John IX, 898. - - -Cor. Jur. Can., Dist. LXIII, c xxviii; M. G. LL. folio, II, parte sec., -p. 158. - -The election of a pope was often attended with violence on the part of -Roman factions, which, under the leadership of various noble families, -sought to elect one of their own party. John IX recognized that the -emperor was the only one who could prevent these abuses and so enacted -that all papal elections should take place in the presence of the -emperor's representatives. - -Since the holy Roman church, over which in accordance with God's will we -preside, on the death of a pope often suffers violence from many -persons, because the pope is elected without the knowledge of the -emperor, and hence the emperor does not send messengers, as canonical -custom and practice require that he should, who may be present and -prevent all disturbances during the election, we decree that when a pope -is to be elected, the bishops{66} and all the clergy shall come together -and the election shall take place in the presence of the senate and -people. And the one thus chosen shall be consecrated in the presence of -the emperor's messengers. - - -{66} More than thirty bishops took part in the election of Stephen VI, -896, although there were but seven cardinal bishops. Hence this probably -means all the bishops of the whole diocese of Rome, not simply the seven -cardinal bishops. It is apparent therefore that in the ninth century the -cardinal clergy had not yet secured any special prerogative in the -election of a pope. Many think that this enactment was made in 816 -instead of 898. - - - -53. The Oath of Otto I to John XII, 961. - - -M. G. LL. 4to, IV, 1, no. 10. - -Although the pope needed the help of the king of the Germans, and was -willing to confer upon him the title of emperor, yet he was afraid that -Otto might assume too much authority and deprive the papal office of -much of its power. He accordingly attempted to secure his position by -demanding the following oath of Otto. It will be observed that Otto did -not take the oath in person but sent his representative to take it for -him. It was, nevertheless, binding on Otto. However, it did not prevent -him from afterward deposing John and putting another pope in his place. - -I, Otto, king, cause my representative to promise and swear to you, pope -John, in my name, by the Father, Son, and Holy Spirit, and by this piece -of the life-giving cross and by these relics of the saints, that, if I -shall come to Rome with the consent of God, I will exalt the holy Roman -church and you, her ruler, to the best of my ability. And you shall -never by my wish, advice, consent, or instigation, suffer any loss in -life or in limb, or in the honor which you now have or which you shall -have obtained from me. I will never make laws or rules in regard to the -things which are under your jurisdiction or the jurisdiction of the -Romans without your consent. I will restore to you all of the lands of -St. Peter that shall have come into my hands; and I will cause the one -to whom I shall have committed Italy to rule in my absence{67} to swear -to you that he will always aid you according to his ability in defending -the lands of St. Peter. - - -{67} In accordance with imperial theory, Otto, as emperor, would rule -over Italy. He agrees to protect the pope "in the things which are under -his jurisdiction," but that does not mean that the pope had jurisdiction -in all things. The supreme authority is the emperor, to whom the pope, -as well as all other bishops and princes of Italy, are subject. - - - -54. Otto I Confirms the Pope in the Possession of his Lands, 962. - - -M. G. LL. 4to, IV, 1, no. 12; Altmann und Bernheim, no. 36. - -In order to secure his possessions, John XII persuaded Otto I to confirm -his rights to them. In section 15 Otto reserves his imperial rights, -thus furnishing another proof that he was sovereign over the lands which -the pope held. By comparing this document with the donations of Pippin -and of Karl the Great (nos. 45 and 46), the growth of the papal land -claims will be apparent. - -In the name of omnipotent God, the Father, Son, and Holy Ghost. We, -Otto, by the grace of God emperor and Augustus, together with our -glorious son, king Otto, promise and pledge to thee, St. Peter, prince -of apostles and keeper of the keys of heaven, and through thee to thy -vicar, pope John XII, the following possessions, as his predecessors -have held and possessed them up to the present time; namely, (1) the -city of Rome with its duchy, and its neighboring villages and -territories, highland and lowland, shores and ports; (2) all the cities, -towns, fortresses, and villages of Tuscany; that is, Porto, Civita -Vecchia, Ceri, Bieda, Marturianum, Sutri, Nepi, Gallese, Orte, -Polimartium, Ameria, Todi, Perugia, with its three islands, the larger -and the smaller, and Pulvensis, Narni, and Otricoli, with all the -territories belonging to the aforesaid cities; (3) the whole exarchate -of Ravenna with all the cities, towns, and fortresses which our -predecessors the most excellent emperors, Pippin and Karl, conferred on -St. Peter and your predecessors by a deed of gift; namely, the city of -Ravenna and the district of Emilia, including the following towns: -Bobbio, Cesena, Forlimpopoli, Forli, Faenza, Imola, Bologna, Ferrara, -Comacle, Adria, and Gabello, with all the territories and islands by -land and sea which belong to the aforesaid cities; (4) likewise also the -Pentapolis; that is, Rimini, Pesaro, Fano, Sinigaglia, Ancona, Osimo, -Humana, Iesi, Forum Sempronii, Montefeltre, Urbino, and the territory of -Balneum, Cagli, Lucioli, and Gubbio, with all the territories belonging -to the aforesaid cities; (5) likewise the whole Sabine territory as it -was granted to St. Peter by our predecessor, emperor Karl, by a deed of -gift; (6) likewise in Lombard Tuscany the fortress of Felicitas, and the -towns of Orvieto, Bagnorea, Ferento, Viterbo, Orcle, Marca, Toscanella, -Soana, Populonia, and Roselle, with all their suburbs and villages and -all their territories, towns, and boundaries; (7) and likewise from -Luna, with the island of Corsica, to Suriano, thence over the Apennines -to Berceto, thence to Parma, thence to Reggio, thence to Mantua and -Monselice, together with the provinces of Venetia and Istria and all the -duchies of Spoleto and Benevento, and the church of St. Christina which -is situated on the Po about four miles from Pavia; (8) and likewise in -Campania, Sora, Arce, Aquino, Arpino, Teano, Capua; (9) likewise the -patrimonies under your power and sway, such as the patrimonies of -Benevento, Naples, and upper and lower Calabria, and also of the island -of Sicily, if God shall give it unto our hand; (10) likewise the cities -of Gaeta and Fondi with all their belongings; (11) moreover we offer to -thee, St. Peter, the apostle, and to thy vicar, pope John and his -successors, for the salvation of our own soul and the souls of our son -and our parents, the following cities and towns from our own lands; -namely, Rieti, San Vittorino [on the Aterno], Furco, Norcia, Balua, -Marsi, and besides the city of Teramne. (12) All the aforesaid -provinces, cities, towns, fortresses, villages, territories, and -patrimonies, we now grant to thee, St. Peter, and through thee to thy -vicar, our spiritual father, pope John, and his successors to the end of -the world, for the salvation of our own soul and the souls of our son, -our parents, and our successors, and for the preservation of the whole -Frankish people; and we grant them in such a way that the popes shall -possess them in their own right and government and control. (13) -Likewise, by this agreement we confirm all the gifts which king Pippin -and emperor Karl voluntarily gave to St. Peter, the apostle, and also -the rents and payments and taxes which were paid annually to the king of -the Lombards from Tuscany and the duchy of Spoleto, as is contained in -the aforesaid donation and as was agreed upon between pope Adrian of -blessed memory and the emperor Karl, when the same pope surrendered to -the emperor his claims on the provinces of Tuscany and Spoleto on -condition that the aforesaid taxes should be paid each year to the -church of St. Peter, the apostle. But in all this our authority over -these provinces and their subjection to us and to our son are not in any -way diminished. (14) We therefore confirm your possession of all the -things mentioned above in this document; they shall remain in your right -and ownership and control, and no one of our successors shall on any -pretext take from you any part of the aforesaid provinces, cities, -towns, fortresses, villages, dependencies, territories, patrimonies, or -taxes, or lessen your authority over them. We will never do so, nor -allow others to do so, but we will always defend the church of St. Peter -and the popes who rule over that church in their possession of all these -things, as far as in us lies, that the popes may be able to keep these -things in their control to use, enjoy, and dispose of. (15) In all this -there shall be no derogation of our power or of the power of our son and -our successors. - - - -55. Leo VIII Grants the Emperor the Right to Choose the Pope and Invest -all Bishops, 963. - - -Cor. Jur. Can., Dist. LXIII, c. xxiii; Migne, 134, cols. 992 ff. - -Otto I, after the rebellion of John XII, deposed him and caused a layman -to be made pope, who took the title Leo VIII. The new pope then issued a -decree, the essence of which is contained in the following document. It -shows how determined Otto was to assert his imperial authority and is -important as a statement of the imperial theory. Leo VIII is regarded as -an anti-pope by the Roman church, because, according to the papal -theory, Otto had no power to depose a pope. John XII was the legal pope -and there could be no other until he died. - -In the synod held at Rome in the Church of the Holy Saviour. Following -the example of blessed pope Adrian, who granted to Karl, victorious king -of the Franks and Lombards, the dignity of the patriciate and the right -to ordain the pope and to invest bishops, we, Leo, bishop, servant of -the servants of God, with all the clergy and people of Rome, by our -apostolic authority bestow upon lord Otto I, king of the Germans, and -upon his successors in the kingdom of Italy forever, the right of -choosing the successor of the pope, and of ordaining the pope and the -archbishops and bishops, so that they shall receive their investiture -and consecration from him, with the exception of those prelates whose -investiture and consecration the emperor has conceded to the pope or the -archbishops. No one, no matter what his dignity or ecclesiastical rank, -shall have the authority to choose the patricius or to ordain the pope -or any bishop without the consent of the emperor, and that without -bribery; and the emperor shall be by right both king [of Italy] and -patricius [of Rome]. But if anyone has been chosen bishop by the clergy -and people, he shall not be consecrated unless he has been approved by -the aforesaid king and has received his investiture from him.... - - - -56. The Pope Confers the Royal Title. A Letter of Pope Sylvester II to -Stephen of Hungary, 1000. - - -Migne, 139, cols. 274 ff. - -Previous to this time, it was considered the emperor's right to confer -the royal title and to elevate a person to the rank of king. Here, for -the first time in the history of the papacy, a pope confers the royal -title, thereby intrenching on the imperial prerogative. Otto III, who -was then emperor, did not resist this papal infringement of his rights. -Later popes were not slow to see the value of this act as a precedent -(see nos. 69, 72, 128), and exercised the right to confer titles and -dignities as they pleased. This act of Sylvester II is, therefore, an -important milestone in the history of the development of the papal -prerogatives. - -Sylvester, bishop, servant of the servants of God, to Stephen, king of -the Hungarians, greeting and apostolic benediction. Your ambassadors, -especially our dear brother, Astricus, bishop of Colocza, were received -by us with the greater joy and accomplished their mission with the -greater ease, because we had been divinely forewarned to expect an -embassy from a nation still unknown to us.... Surely, according to the -apostle: "It is not of him that willeth nor of him that runneth, but of -God that showeth mercy" [Rom. 9:16]; and according to the testimony of -Daniel: "He changeth the times and the seasons; he removeth kings and -setteth up kings; he revealeth the deep and secret things; he knoweth -what is in the darkness" [Dan. 2:21, 22]; for in him is that light -which, as John teaches, "lighteth every man that cometh into the world" -[John 1:9]. Therefore we first give thanks to God the Father, and to our -Lord Jesus Christ, because he has found in our time another David, and -has again raised up a man after his own heart to feed his people Israel, -that is, the chosen race of the Hungarians. Secondly, we praise you for -your piety toward God and for your reverence for this apostolic see, -over which, not by our own merits, but by the mercy of God, we now -preside. Finally, we commend the liberality you have shown in offering -to St. Peter yourself and your people and your kingdom and possessions -by the same ambassadors and letters. For by this deed you have clearly -demonstrated that you already are what you have asked us to declare you -[_i.e._, a king]. But enough of this; it is not necessary to commend him -whom God himself has commended and whose deeds openly proclaim to be -worthy of all commendation. Now therefore, glorious son, by the -authority of omnipotent God and of St. Peter, the prince of apostles, we -freely grant, concede, and bestow with our apostolic benediction all -that you have sought from us and from the apostolic see; namely, the -royal crown and name, the creation of the metropolitanate of Gran, and -of the other bishoprics. Moreover, we receive under the protection of -the holy church the kingdom which you have surrendered to St. Peter, -together with yourself and your people, the Hungarian nation; and we now -give it back to you and to your heirs and successors to be held, -possessed, ruled, and governed. And your heirs and successors, who shall -have been legally elected by the nobles, shall duly offer obedience and -reverence to us and to our successors in their own persons or by -ambassadors, and shall confess themselves the subjects of the Roman -church, who does not hold her subjects as slaves, but receives them all -as children. They shall persevere in the catholic faith and the religion -of our Lord and Saviour Jesus Christ, and strive always to promote it. -And because you have fulfilled the office of the apostles in preaching -Christ and propagating his faith, and have tried to do in your realm the -work of us and of our clergy, and because you have honored the same -prince of apostles above all others, therefore by this privilege we -grant you and your successors, who shall have been legally elected and -approved by the apostolic see, the right to have the cross borne before -you as a sign of apostleship,{68} after you have been crowned with the -crown which we send and according to the ceremony which we have -committed to your ambassadors. And we likewise give you full power by -our apostolic authority to control and manage all the churches of your -realm, both present and future, as divine grace may guide you, as -representing us and our successors. All these things are contained more -fully and explicitly in that general letter which we have sent by our -messenger to you and to your nobles and faithful subjects. And we pray -that omnipotent God, who called you even from your mother's womb to the -kingdom and crown, and who has commanded us to give you the crown which -we had prepared for the duke of Poland, may increase continually the -fruits of your good works, and sprinkle with the dew of his benediction -this young plant of your kingdom, and preserve you and your realm and -protect you from all enemies, visible and invisible, and, after the -trials of the earthly kingship are past, crown you with an eternal crown -in the kingdom of heaven. Given at Rome, March 27, in the thirteenth -indiction [the year 1000]. - - -{68} The title "apostolic king of Hungary" is still used by the emperor -of the Austro-Hungarian Empire. - - - -57. The Emperor, Henry III, Deposes and Creates Popes, 1048. - - -Annales Romani; in Watterich, Pontificum Romanorum Vitae, I, pp. 73 -ff. - -The papacy having again fallen under the control of Roman factions, -there were three men claiming to be pope. The emperor regarded it as his -duty as well as his right to decide who was the true pope, and came to -Italy for that purpose. He not only deposed the three contesting popes -and named another, but so long as he lived he controlled the papal -elections. - -Now when the report of this incredible controversy had reached the ears -of Henry, by the grace of God most invincible emperor, he set out for -Italy with a great force and an immense army. And when he came to the -city called Sutri, he called to him pope Gregory and the clergy of Rome -and decreed that a great synod should be held in the holy church of -Sutri. And after he had tried the case canonically and justly and had -made the rights of the matter plain to the holy and religious bishops -according to the canons, he condemned with perpetual anathema John, -bishop of Sabina, to whom they had given the name Silvester, John the -archpresbyter, whom they called Gregory, and the aforesaid pope -Benedict. Then he proceeded to Rome with so great a following that the -city could not hold it. Henry, by the grace of God pious and benign -king, called together the multitude of the Roman people and the bishops -and abbots and the whole Roman clergy in the basilica of St. Peter, and -held there a holy and glorious synod; and on the day before Christmas he -appointed an excellent, holy, and benign pope, who took the name of -Clement. And on Christmas day the aforesaid king was crowned by the holy -and benign pope, and the whole city of Rome rejoiced and the holy Roman -church was exalted and glorified because so dangerous a schism had at -length by the mercy of God been ended. And then the most serene emperor, -perceiving the desire of the whole Roman people, as they had expressed -it to him, placed on his own head the band with which the Romans from of -old had been wont to crown their _patricii_. And the pope and the clergy -and the Romans granted him the right to create popes and such bishops as -have regalian rights; and it was further agreed that no bishop should be -consecrated until he had received his investiture from the hand of the -king. And just as pope Adrian had confirmed these things by a charter, -so also they, by a charter, gave, confirmed, and put in the power of -Henry and his successors the patriciate and the other rights as stated -above.{69} - -Now after the king had returned to his own realm, pope Clement sat upon -the apostolic throne nine months and sixteen days, and then left the -terrestrial for the celestial kingdom. - -Then the Roman people, assembled together, sent messengers to king Henry -with a letter beseeching him, as servants beseech their lord, or -children their father, to appoint for them a chaste and benign man of -godly life as shepherd of the holy Roman church and of the whole world. -Now when Benedict, the former pope, learned of the death of Clement (for -he was staying at Tusculum), he succeeded in winning over a part of the -Roman people by bribery and again usurped the pontificate. But when the -ambassadors of the Romans came to the king, he received them in his -palace with great honor and gave them many gifts; then, calling together -a great assembly of bishops, abbots, counts, margraves, and other -princes, according to the decrees of the holy fathers, he chose a pope -who should be pleasing to God and the whole people. - -The ambassadors of the Romans returned to Rome, preceding the new pope, -Damasus. But the good pope himself changed his route and betook himself -to Italy. Now when he had come to the margrave Boniface, who had -assisted the aforesaid pope Benedict to seize the papal throne, the -margrave addressed him in these cunning words: "I cannot go on to Rome -with you, because the Romans have restored the former pope, and he has -regained the power which he had formerly, and has made peace with them. -Therefore I cannot go to Rome, especially as I am now an old man." When -the holy pope heard this, he returned and told all these things to the -emperor. When the king heard it, he recognized the shrewdness and -cunning of the margrave, and addressed him by letter, as follows: "Since -you have restored to the pontificate a pope who was canonically deposed, -and have been led by your love of gain to hold our empire in contempt, -understand now that, unless you mend your ways, I will come quickly and -make you mend against your will, and I will give the Roman people a pope -worthy in the sight of God." Then Boniface, seeing that his rebellion -would profit him nothing, drove Benedict from the papal throne by his -ambassador and went to Rome with pope Damasus. ... And Damasus held the -pontificate twenty-three days and then died, and Leo was enthroned in -the Roman see by the emperor and his nobles. - - -{69} Apparently this was a reënactment of the grant of Leo VIII to Otto -I, 963. See no. 55. - - - -58. The Pope Becomes the Feudal Lord of Southern Italy and Sicily, 1059. -The Oaths of Robert Guiscard to Pope Nicholas II, 1059. - - -Baronius, Annales, anno 1059, §§ 70 and 71. - -Southern Italy and Sicily had been allowed to take care of themselves. -The Greek emperor had not been able to retain his hold on them, and the -German emperor, while claiming them, had never succeeded in extending -his power over them. A handful of adventurous Normans had established -themselves on the mainland and had assumed the title of counts. Their -ambition grew with their fortune; they desired a higher title than count -and wished to increase their possessions. So they turned to the pope and -asked him to confer upon them the title of duke, and to give them his -blessing in their proposed conquest of Sicily, which was in the hands of -the Mohammedans. In granting the request of these Normans, the pope -assumed the lordship over southern Italy and Sicily, to which he had no -right, and thereby put forth claims which conflicted with those of both -emperors. For more than two centuries the possession of southern Italy -and Sicily was the ground for a bitter struggle between the popes and -the German emperors. - -The importance of this event is seen when we consider that the long -struggle between the papacy and the empire was about to begin. The pope -had little besides his spiritual weapons (excommunication, interdict) -with which to oppose the emperor. But in Robert Guiscard he secured a -powerful vassal who was to render him great military aid against the -emperor. - -§ 70. I, Robert, by the grace of God and of St. Peter duke of Apulia and -Calabria, and with their aid to be duke of Sicily [that is, when I shall -have conquered it], in confirmation of the gift and in recognition of my -oath of fidelity, promise that from all the lands which I hold under my -own sway, and which I have never conceded that anyone from beyond the -mountains{70} [Alps, that is, Germany] holds, I will pay annually for -each yoke of oxen 12 denarii of the mint of Pavia to you, my lord, -Nicholas, pope, and to all your successors, or to your or their legates. -And this payment shall be made at the end of the year on easter day. I -bind myself and my heirs and my successors to pay this sum to my lord, -Nicholas, pope, and to your successors. So help me God and these holy -gospels. - -§ 71. I, Robert, by the grace of God and St. Peter duke of Apulia and -Calabria, and by the aid of both to be duke of Sicily, from this hour -forth will be faithful to the holy Roman church and to you, my lord, -Nicholas, pope. I will have no share in any counsel or act intended to -deprive you of life or limb, or to capture you by any fraud. Any secret -plan which you may reveal to me with the command not to tell it I will -not wittingly publish to your hurt. I will always aid with all my might -the holy Roman church to acquire the regalia and possessions of St. -Peter, and to hold them against all men. I will aid you to hold in -security and honor the papal office, the land of St. Peter, and the -government. I will not try either to usurp or to seize it, nor will I -devastate it without your permission or that of your successors, except -only that land which you or your successors may give me. I will -earnestly strive to pay at the appointed time the sum agreed on from the -land of St. Peter which I may hold. I put all the churches, with their -possessions, which are in my lands, under your authority, and I will -defend them according to my oath of fidelity to the holy Roman church. -And if you or your successors shall die before I do, according as I -shall have been advised by the better cardinals, the clergy of Rome, and -the laity, I will do all that I can that a pope may be elected and -ordained to the honor of St. Peter. All the above written things I will -observe with true faithfulness to the holy Roman church and to you. And -this oath of fidelity I will observe to those of your successors who may -confirm to me the investiture which you have granted me. So help me God -and these holy gospels. - - -{70} Robert here denies that the German emperor has any right to Sicily -and southern Italy. He had never held them, and hence they were not a -part of his empire. - - - -59. The Papal Election Decree of Nicholas II, 1059. - - -Scheffer-Boichorst, Die Neuordnung der Papstwahl durch Nicholas II, pp. -14 ff; Docberl, III, no. 4 a. - -Henry III (1039-56) deposed and appointed popes as he pleased (see no. -57). But with the spread of Cluniac ideas, there grew up a party in the -church which strove with increasing energy and clearness of purpose to -make the church self-governing and independent of all lay influence. Its -aim was to unify and organize the government of the church by putting -all ecclesiastical power in the hands of the pope, who should rule the -church through a hierarchy of archbishops and bishops. Of this party, -which was called hierarchical, the archdeacon, Hildebrand, was the head. -It took advantage of the opportunity offered by the youth of Henry IV -and the weak rule of the regent, his mother Agnes, to establish a way by -which the pope might be elected by the clergy instead of being appointed -by the emperor. The document by which this was done is know as the -election decree of Nicholas II (1059-61) and was enacted in a council at -Rome in 1059. Since 1048 Hildebrand had been the power behind the papal -throne, and with rare skill he had directed the policy of each -successive pope. He had been able to do much toward accomplishing the -purpose of this party. But at the death of Stephen IX in 1058 a faction -of the Roman nobility, known as the Tusculan party, threatened to -overturn all that the hierarchical party had accomplished. While -Hildebrand was absent from Rome on a mission to Germany, Stephen IX died -and the Tusculan party set up one of its own members as pope, who called -himself Benedict X. The cardinals who attempted to resist this election -were persecuted and compelled to flee. When Hildebrand heard of this he -hastened to call a council at Siena. This council, which was composed -chiefly of five cardinal bishops, deposed Benedict X and elected -Gerhard, bishop of Florence, pope, who assumed the name of Nicholas II. - -According to this decree the election of a pope consisted of the five -following parts: (1) The seven cardinal bishops chose the pope. Although -their choice was supposed to be final it must (2) be confirmed by the -other cardinal clergy. (3) Then the rest of the clergy and the people of -Rome must express their consent. (4) The election was then reported to -the emperor, who was expected to confirm it, and then (5) the pope elect -was consecrated as pope and enthroned in the chair of St. Peter by the -cardinal bishops. This latter part of the ceremony must, of course, take -place at Rome. The decree does not say what shall be done if the other -clergy or the emperor should refuse to confirm the choice of the -cardinal bishops. - -There were those who demanded that the emperor be permitted to approve -or reject the candidate before the election took place. As precedents in -favor of this they referred to the long list of popes who had been -either nominated or appointed by various emperors. The part which the -emperor was to have in the election of a pope is not stated in the -decree, but section 4 shows plainly that Nicholas and Henry had come to -an agreement on that subject, and from other sources we know what its -terms were. This agreement was limited to Henry alone, for each of his -successors must secure his share in the papal election by demanding it -of the pope. - -This decree seems to justify certain irregularities or peculiarities in -the election of Nicholas himself and hence may be said to have an -apologetic character. (1) His election took place not in Rome, but in -Siena. (2) He was not a member of the church in Rome, but was bishop of -Florence. (3) It was chiefly the cardinal bishops who elected him. (4) -Since the Tusculan party held Rome it was some time before he could be -consecrated and enthroned, but in the meanwhile he exercised papal -authority. - -The cardinal bishops had already acquired certain prerogatives over the -other cardinal clergy. They alone, besides the pope, could say mass at -the high altar in St. John's in Lateran; they represented the pope -during his absence from Rome; they consecrated and enthroned the pope; -they assisted the pope in anointing and crowning the emperor; and -without their consent the pope could not bestow the pallium upon an -archbishop. By this decree they now acquire the new and important right -of nominating the pope. But this high prerogative they were not able to -retain permanently. From 1050 to 1100 they succeeded in depriving the -other cardinal clergy of much of their power and influence. They were -the chief advisers of the popes. In accordance with the terms of this -decree they elected Alexander II (1061-73) (the election of Gregory VII -(1073-85) was somewhat irregular), Victor III (1086-87), and Urban II -(1087-99). But the other cardinal clergy were not content to be thus -thrust down; they struggled successfully against the growing power of -the cardinal bishops and finally regained the right which had once been -theirs. The election of Paschal II (1099-1118) was made by all the -cardinal clergy, not by the cardinal bishops alone, and afterward the -election of a pope was the concern of all the cardinal clergy. - -The original of this decree is lost and the copy which has come down to -us is slightly imperfect, as there are omissions in it. Some one -representing the imperial party, not satisfied with the share which it -gave the emperor in the papal election, changed it to suit the demands -of his party. It is now known that this imperial form of the decree is a -forgery. - -In section 2 the quotation from Leo I (440-461) is meant in a general -way to justify the prerogative here attributed to the cardinal bishops, -and especially their right to consecrate and enthrone the pope. - -In the name of the Lord God, our Saviour Jesus Christ, in the 1059th -year from his incarnation, in the month of April, in the 12th indiction, -in the presence of the holy gospels, the most reverend and blessed -apostolic pope Nicholas presiding in the Lateran patriarchal basilica -which is called the church of Constantine, the most reverend -archbishops, bishops, and abbots, and the venerable presbyters and -deacons also being present, the same venerable pontiff by his apostolic -authority decreed thus concerning the election of the pope: "Most -beloved brothers and fellow-bishops, you know, since it is not hidden -even from the humbler members, how after the death of our predecessor, -Stephen of blessed memory, this apostolic seat, which by the will of God -I now serve, suffered many evils, how indeed it was subjected to many -serious attacks from the simoniacal money-changers, so that the column -of the living God seemed about to topple, and the skiff of the supreme -fisherman [Peter] was nearly wrecked by the tumultuous storms. -Therefore, if it pleases you, we ought now, with the aid of God, -prudently to take measures to prevent future misfortunes, and to provide -for the state of the church in the future, lest those evils, again -appearing, which God forbid, should prevail against it. Therefore, -fortified by the authority of our predecessors and the other holy -fathers, we decide and declare: - -"1. On the death of a pontiff of the universal Roman church, first, the -cardinal bishops,{71} with the most diligent consideration, shall elect -a successor; then they shall call in the other cardinal clergy [to -ratify their choice], and finally the rest of the clergy and the people -shall express their consent to the new election. - -"2. In order that the disease of venality may not have any opportunity -to spread, the devout clergy shall be the leaders in electing the -pontiff, and the others shall acquiesce. And surely this order of -election is right and lawful, if we consider either the rules or the -practice of various fathers, or if we recall that decree of our -predecessor, St. Leo, for he says: 'By no means can it be allowed that -those should be ranked as bishops who have not been elected by the -clergy, and demanded by the people, and consecrated by their -fellow-bishops of the province with the consent of the metropolitan.' -But since the apostolic seat is above all the churches in the earth, and -therefore can have no metropolitan over it, without doubt the cardinal -bishops perform in it the office of the metropolitan, in that they -advance the elected prelate to the apostolic dignity [that is, choose, -consecrate, and enthrone him]. - -"3. The pope shall be elected from the church in Rome, if a suitable -person can be found in it, but if not, he is to be taken from another -church. - -"4. In the papal election--in accordance with the right which we have -already conceded to Henry and to those of his successors who may obtain -the same right from the apostolic see--due honor and reverence shall be -shown our beloved son, Henry, king and emperor elect [that is, the -rights of Henry shall be respected]. - -"5. But if the wickedness of depraved and iniquitous men shall so -prevail that a pure, genuine, and free election cannot be held in this -city, the cardinal bishops with the clergy and a few laymen shall have -the right to elect the pontiff wherever they shall deem most fitting. - -"6. But if after an election any disturbance of war or any malicious -attempt of men shall prevail so that he who is elected cannot be -enthroned according to custom in the papal chair, the pope elect shall -nevertheless exercise the right of ruling the holy Roman church, and of -disposing of all its revenues, as we know St. Gregory did before his -consecration. - -"But if anyone, actuated by rebellion or presumption or any other -motive, shall be elected or ordained or enthroned in a manner contrary -to this our decree, promulgated by the authority of the synod, he with -his counsellors, supporters, and followers shall be expelled from the -holy church of God by the authority of God and the holy apostles Peter -and Paul, and shall be subjected to perpetual anathema as Antichrist and -the enemy and destroyer of all Christianity; nor shall he ever be -granted a further hearing in the case, but he shall be deposed without -appeal from every ecclesiastical rank which he may have held formerly. -Whoever shall adhere to him or shall show him any reverence as if he -were pope, or shall aid him in any way, shall be subject to like -sentence. Moreover, if any rash person shall oppose this our decree and -shall try to confound and disturb the Roman church by his presumption -contrary to this decree, let him be cursed with perpetual anathema and -excommunication, and let him be numbered with the wicked who shall not -arise on the day of judgment. Let him feel upon him the weight of the -wrath of God the Father, the Son, and the Holy Spirit, and let him -experience in this life and the next the anger of the holy apostles, -Peter and Paul, whose church he has presumed to confound. Let his -habitation be desolate and let none dwell in his tents [Ps. 69:25]. Let -his children be orphans and his wife a widow. Let him be driven forth -and let his sons beg and be cast out from their habitations. Let the -usurer take all his substance and let others reap the fruit of his -labors. Let the whole earth fight against him and let all the elements -be hostile to him, and let the powers of all the saints in heaven -confound him and show upon him in this life their evident vengeance. But -may the grace of omnipotent God protect those who observe this decree -and free them from the bonds of all their sins by the authority of the -holy apostles Peter and Paul." - -I, Nicholas, bishop of the holy Catholic and apostolic church, have -subscribed this decree which has been promulgated by us, as said above. -I, Boniface, by the grace of God bishop of Albano, have subscribed. I, -Humbert, bishop of the holy church of Silva Candida, have subscribed. I, -Peter, bishop of the church of Ostia, have subscribed. And other bishops -to the number of seventy-six, with priests and deacons. - - -{71} The seven cardinal bishops were those of Palæstrina, Porto, Ostia, -Tusculum, Silva Candida, Albano, and Sabina. - - - - -III. THE STRUGGLE BETWEEN THE EMPIRE AND THE PAPACY, 1073-1250 - - -60-64. Prohibition of Simony, Marriage of the Clergy, and Lay -Investiture, 1074-1123. - -According to Roman ideas religion and its ministers were a part of the -state and hence under the control of the government. When Constantine -made Christianity a legal religion the state took the same attitude -toward the new religion that it had toward the old. The emperor assumed -control over the Christian clergy, and the view soon prevailed that they -were officials of the state. Their duties, which were at first purely -spiritual, were soon extended to secular matters. For obvious reasons -the bishops were given an oversight over the administration of justice. -During the invasions of the barbarians the secular functions of the -bishops were greatly increased. Karl the Great made constant use of the -bishops in the administration of his realm. By the tenth century many -bishops were intrusted to a large extent with the secular government of -their dioceses and so were full-fledged officials of the state. -Attendance on diets was required of all officials, and eventually it was -required only of officials. So it came about that the bishops especially -formed an important part of the diet. Because of their learning they -were indispensable to the emperor in conducting the affairs of his court -and government; they naturally became his chief advisers. The bishops, -then, have two sets of functions, the one spiritual, the other secular. - -Through bequests and gifts from various sources the clergy, and -especially the bishops and chief abbots, became great landholders. Many -gave to the clergy for religious reasons, such as the salvation of their -souls. But the emperors had still other motives: because of their office -as emperor they were bound to build up the church; they felt it to be -their duty to reward and to strengthen the clergy who were their -faithful officials; and, furthermore, since they frequently met with -opposition from the lay nobility, they thought it advisable to build up -a strong ecclesiastical nobility to serve as a check upon the former. - -As all other offices and relations became feudalized, so all the clergy -underwent the same process. The bishops became the vassals of the -emperor, and sustained the same feudal relations to him as did the lay -nobility. - -Since the bishops were both the officials and vassals of the emperor, it -is certain that he would insist on having a voice in their election. -Although the laws of the church did not permit this, nevertheless we -find that from Karl the Great to Henry III all the emperors exercised -the right of naming or appointing the bishops. Although at the time no -objection was made to this action of the emperors, a new party had now -arisen in the church which condemned it as simoniacal. This new party -had its origin in the monastery of Cluny, from which it took its name. -It was famous for the great reforms which it was trying to bring about. -Now it was a part of the Cluniac programme that the church should be -freed from all lay influence and that all ecclesiastical offices should -be filled not by lay appointment but by election by the clergy -(canonical election). Thus they gave simony a new meaning by declaring -that every election which was not canonical was simoniacal. For simony -was originally only the purchase or sale of any ecclesiastical office, -but as the church, under the influence of this Cluniac party, developed -her laws regarding canonical election and investiture, it came to be -applied to every form of election and investiture other than canonical. -The emperors had not only appointed the bishops, but they had also -inducted them into their office. The induction into office was called -investiture. Without it no one could fill the office to which he had -been elected. To symbolize the power of the office the emperor presented -the bishop with certain objects, such as a ring and a staff, which -represented his spiritual authority over his diocese, and with a -sceptre, which represented his temporal authority. The Cluniac party -opposed all lay investiture and insisted that all the clergy should -receive the symbols of their power from the church. But since the -emperor's temporal interests were so largely involved, he could not -yield to the Cluniac demands without great loss of power. He could not -tamely surrender to the pope the control of the bishops and their broad -lands. Nor was it probable that the nobility would give up their rights -(as patrons, etc.) to appoint the local clergy and to invest them with -their office. So the struggle over investiture was long and bitter. - -Lay investiture had already been prohibited by Nicholas II in the -Lateran synod of 1059 but no steps had been taken to enforce the -prohibition. Gregory VII renewed the prohibition and made it one of the -prominent parts of his programme. - -Although the opinion had long prevailed in the church that the celibate -life, or chastity, was more holy than the married life, and therefore -more becoming in the clergy, yet it was not uncommon for clergymen to -marry. The Cluniac party regarded this state of affairs as especially -blameworthy, and demanded that all the clergy be required to take the -vow of perpetual chastity. In this, as in other respects, Gregory VII -endeavored to carry out the Cluniac programme and so exerted himself to -suppress clerical marriage, or, as the Cluniac party called it, clerical -concubinage. - -The following documents, nos. 60-64, illustrate the legislation of the -church in regard to simony, celibacy, and investiture. - - - -60. Prohibition of Simony and of the Marriage of the Clergy, 1074 A.D. - - -Sigebert of Gembloux, ad annum 1074; M. G. SS. folio, VI, p. 362. - -Pope Gregory [VII] held a synod in which he anathematized all who were -guilty of simony. He also forbade all clergy who were married to say -mass, and all laymen were forbidden to be present when such a married -priest should officiate. In this he seemed to many to act contrary to -the decisions of the holy fathers who have declared that the sacraments -of the church are neither made more effective by the good qualities, nor -less effective by the sins, of the officiating priest, because it is the -Holy Spirit who makes them effective. - - - -61. Simony and Celibacy. The Roman Council, 1074. - - -Mansi, XX, p. 404. - -Those who have been advanced to any grade of holy orders, or to any -office, through simony, that is, by the payment of money, shall -hereafter have no right to officiate in the holy church. Those also who -have secured churches by giving money shall certainly be deprived of -them. And in the future it shall be illegal for anyone to buy or to sell -[any ecclesiastical office, position, etc.]. - -Nor shall clergymen who are married say mass or serve the altar in any -way. We decree also that if they refuse to obey our orders, or rather -those of the holy fathers, the people shall refuse to receive their -ministrations, in order that those who disregard the love of God and the -dignity of their office may be brought to their senses through feeling -the shame of the world and the reproof of the people. - - - -62. Celibacy of the Clergy. Gregory VII, 1074. - - -Mansi, XX, p. 433; Corpus Juris Can., Diet. LXXXI, e. xv. - -If there are any priests, deacons, or subdeacons who are married, by the -power of omnipotent God and the authority of St. Peter we forbid them to -enter a church until they repent and mend their ways. But if any remain -with their wives, no one shall dare hear them [when they officiate in -the church], because their benediction is turned into a curse, and their -prayer into a sin. For the Lord says through the prophet, "I will curse -your blessings" [Mal. 2:2]. Whoever shall refuse to obey this most -salutary command shall be guilty of the sin of idolatry. For Samuel -says: "For rebellion is as the sin of witchcraft, and stubbornness is as -iniquity and idolatry" [1 Sam. 15:23]. Whoever therefore asserts that he -is a Christian but refuses to obey the apostolic see, is guilty of -paganism. - - - -63. Action of the Ninth General Council in the Lateran Against the -Marriage of the Clergy, 1123 A.D. - - -Densinger, p. 106; Hefele, V, p. 194. - -We forbid priests, deacons, and subdeacons to live with wives or -concubines, and no woman shall live with a clergyman except those who -are permitted by the council of Nicæa, viz.: mother, sister, aunt, or -others of such sort that no suspicion may justly arise concerning them. - - - -64. Prohibition of Lay Investiture, November 19, 1078. - - -Jaffé, II, p. 332; Doeberl, III, no. 5 a. - -Since we know that investitures have been made by laymen in many places, -contrary to the decrees of the holy fathers, and that very many -disturbances injurious to the Christian religion have thereby arisen in -the church, we therefore decree: that no clergyman shall receive -investiture of a bishopric, monastery, or church from the hand of the -emperor, or the king, or any lay person, man or woman. And if anyone has -ventured to receive such investiture, let him know that it is annulled -by apostolic authority, and that he is subject to excommunication until -he has made due reparation. - - - -65. Dictatus Papæ, _ca._ 1090. - - -Jaffé, II, p. 174; Doeberl, III, no 6. - -Until recently the _Dictatus Papæ_ was supposed to have been written by -Gregory VII, but it is now known to have had a different origin. In 1087 -cardinal Deusdedit published a collection of the laws of the church, -which he drew from many sources, such as the actions of councils and the -writings of the popes. The _Dictatus_ agrees so clearly and closely with -this collection, that it must have been based on it; and so must be -later than the date of its compilation, 1087. It seems evident that some -one, while reading the collection of Deusdedit, wishing to formulate the -papal rights and prerogatives, expressed them in these twenty-seven -theses. Although they were not formulated by Gregory himself, there is -no doubt that they express his chief principles. - -1. That the Roman church was established by God alone. - -2. That the Roman pontiff alone is rightly called universal. - -3. That he alone has the power to depose and reinstate bishops. - -4. That his legate, even if he be of lower, ecclesiastical rank, -presides over bishops in council, and has the power to give sentence of -deposition against them. - -5. That the pope has the power to depose those who are absent [_i.e._, -without giving them a hearing]. - -6. That, among other things, we ought not to remain in the same house -with those whom he has excommunicated. - -7. That he alone has the right, according to the necessity of the -occasion, to make new laws, to create new bishoprics, to make a -monastery of a chapter of canons, and _vice versa_, and either to divide -a rich bishopric or to unite several poor ones. - -8. That he alone may use the imperial insignia. - -9. That all princes shall kiss the foot of the pope alone. - -10. That his name alone is to be recited in the churches. - -11. That the name applied to him belongs to him alone. - -12. That he has the power to depose emperors. - -13. That he has the right to transfer bishops from one see to another -when it becomes necessary. - -14. That he has the right to ordain as a cleric anyone from any part of -the church whatsoever. - -15. That anyone ordained by him may rule [as bishop] over another -church, but cannot serve [as priest] in it, and that such a cleric may -not receive a higher rank from any other bishop. - -16. That no general synod may be called without his order. - -17. That no action of a synod and no book shall be regarded as canonical -without his authority. - -18. That his decree can be annulled by no one, and that he can annul the -decrees of anyone. - -19. That he can be judged by no one. - -20. That no one shall dare to condemn a person who has appealed to the -apostolic seat. - -21. That the important cases of any church whatsoever shall be referred -to the Roman church [that is, to the pope]. - -22. That the Roman church has never erred and will never err to all -eternity, according to the testimony of the holy scriptures. - -23. That the Roman pontiff who has been canonically ordained is made -holy by the merits of St. Peter, according to the testimony of St. -Ennodius, bishop of Pavia, which is confirmed by many of the holy -fathers, as is shown by the decrees of the blessed pope Symmachus. - -24. That by his command or permission subjects may accuse their rulers. - -25. That he can depose and reinstate bishops without the calling of a -synod. - -26. That no one can be regarded as catholic who does not agree with the -Roman church. - -27. That he has the power to absolve subjects from their oath of -fidelity to wicked rulers. - -Section 1 means that the Roman church received the primacy over the -whole church directly from Christ. Section 8 is based on the forged -Donation of Constantine, according to which the emperor gave the pope -the right to use the imperial insignia. In section 11 it is not clear -what name is meant. It may be "universal" as in section 2. The bishop of -Rome claimed the exclusive right to call himself pope, apostolic, and -universal. Papa or pope was at first the common title of all priests, -and is still so in the Greek church. But in the course of time it was -limited in the west to the bishop of Rome. "Apostolic" was at first -applied to all bishops, but eventually the bishop of Rome claimed the -exclusive right to it and forbade all other bishops to use it. Since the -bishop of Rome was the head of the whole church he was the only one who -could call himself "universal." The right of ordaining, section 14, that -is, of raising to the clerical rank, belonged to each bishop, but he -could exercise it only in his own diocese. But the bishop of Rome had -the whole world for his diocese, and hence he could ordain any one, no -matter to what bishopric he belonged. In explanation of section 23 the -following passage from pope Symmachus (498-514) is offered (Hinschius, -"Decretales," p. 666). "We do not judge that St. Peter received from the -Lord with the prerogative of his chair [that is, with his primacy] the -right to sin. But he passed on to his successors the perennial dower of -his merits with his heritage of innocence. Who can doubt that he who is -exalted to the height of apostolic dignity is holy?" - - - -66. Letter of Gregory VII to all the Faithful, Commending his Legates, -1074. - - -Migne, 148, col. 392. - -It had not been uncommon for the popes to send their legates on missions -to various parts of the world, but Gregory VII made a far more frequent -use of them than any of his predecessors. He practically ruled the -church through them and demanded that they be received and obeyed by -all. This letter shows his general attitude on the matter, the authority -he gave them, and the reception which he expected them to have. - -Gregory, bishop, servant of the servants of God, to all the faithful -subjects of St. Peter, to whom these presents come, greeting and -apostolic benediction. - -You see that wickedness is increasing and that the wiles of the devil -are prevailing in the earth, that Christian charity has grown cold and -religious zeal has almost disappeared within the church. But since we -cannot be everywhere present in person to attend to all these matters, -we have sent to you two beloved sons of the holy Roman church, Geizo, -abbot of St. Boniface, and Maurus, abbot of St. Sabba, who shall -represent us to you and have authority to do in our name whatever may be -to the advantage of the church. Remember therefore that saying of the -gospel: "He that heareth you heareth me; and he that despiseth you -despiseth me" [Luke 10:16]. As you care for the friendship and for the -favor of St. Peter, whose messengers they are, receive them with the -proper reverence and kindness, and obey them in all matters which may -arise as part of their mission or through the exigencies of the -situation among you. If it becomes necessary or expedient for the -legates to separate and go to different regions, each one of them shall -be received and obeyed as our representative. - - - -67. Oath of the Patriarch of Aquileia to Gregory VII, 1079 A.D. - - -Mansi, XX, p 525. - -Gregory VII required an oath of fidelity from all bishops. By comparing -the oath of Boniface to Gregory II (no. 40) and the oath of Richard of -Capua (no. 68) with this oath of the patriarch of Aquileia, interesting -light will be thrown on the theory and practice of Gregory VII. - -From now henceforth I will be faithful to St. Peter and to pope Gregory -[VII] and to his successors who shall be elected by the better -cardinals. Neither in counsel nor in deed will I do anything to cause -them to lose their life, or limb, or the papacy, or that they be taken -prisoner through any treacherous trick. To whatsoever synod they, either -in person or by messenger or by letter, may call me, I will come and I -will obey them according to the law; or if I shall not be able to come, -I will send my representative. I will aid and defend them in holding and -defending the papacy and the regalia of St. Peter, saving the duties of -my position. If they, either in person or by messenger or by letter, -shall intrust me with a secret, I will not knowingly reveal it to anyone -to their harm. I will treat with honor a papal legate, whether coming -[from Rome] or going [back to Rome], and I will give him my aid whenever -he needs it. I will not wittingly associate with any whom the pope has -excommunicated. Whenever I shall have been called on I will aid the -Roman church with my military forces. All these duties I will perform -unless I shall have been excused from them. - - - -68-73. Gregory VII Exercises Secular Authority. - - -68. The Oath of Fidelity which Richard, Prince of Capua, Swore to -Gregory VII, 1073. - - -Migne, 148, col. 304. - -Gregory VII, in accordance with his political pretensions, endeavored to -compel all rulers of the Christian world to acknowledge his supremacy -over them. He made the broadest claims to the proprietorship of all -kingdoms, duchies, counties, etc., and tried to compel all rulers of -every rank to take an oath of vassalage to him and to receive their -lands from him as fiefs. Nos. 68-73 illustrate this feature of his -policy. - -I, Richard, by the grace of God and St. Peter prince of Capua, from this -time forth will be faithful to the holy Roman church, to the apostolic -see, and to you, pope Gregory. I will have no share in any plan or any -deed to injure you in life or limb or to make you captive. Any plan -which you may confide to me, wishing it to be kept secret, I will never -divulge consciously to your injury. I will faithfully aid you and the -holy Roman church to keep, acquire, and defend the regalia and the -possessions of St. Peter against all men and I will assist you to hold -the papacy and the lands of St. Peter in peace and honor. I will never -attempt to attack, seize, or devastate any lands without the express -permission of you or your successors, except such lands as you or your -successors may have given to me. I promise to pay to the Roman church -the legal tribute from the lands of St. Peter, which I hold or shall -hold. I will surrender to your authority all the churches which are in -my lands, with all their goods, and I will defend them in their fidelity -to the holy Roman church. I will swear fidelity to king Henry whenever I -shall be commanded to do so by you or your successors, always saving my -fidelity to the holy Roman church. If you or any of your successors -shall die before I do, I will support the better part of the cardinals -and the clergy and the people of Rome in the election and establishment -of a new pope to the honor of St. Peter. I will keep all the above -promises to you and to the holy Roman church in good faith, and I will -keep my oath of fidelity to your successors who shall be ordained popes, -if they are willing to confirm the investiture which you have conferred -upon me. - - - -69. Letter of Gregory VII to the Princes Wishing to Reconquer Spain, -1073. - - -Migne, 148, cols. 289 f. - -See introductory note to no. 68. - -Gregory, pope elect, to all the princes desiring to go into Spain, -perpetual greeting in the Lord Jesus Christ. - -We suppose you know that the kingdom of Spain belonged of old to St. -Peter, and that this right has never been lost, although the land has -long been occupied by pagans. Therefore the ownership of this land -inheres in the apostolic see alone, for whatever has come into the -possession of the churches by the will of God, while it may be alienated -from their use, may not by any lapse of time be separated from their -ownership except by lawful grant. Count Evolus of Roceio, whose fame you -must know, wishes to attack that land and rescue it from the heathen. -Therefore we have granted him the possession of such territory as he may -win from the pagans by his own efforts or with the aid of allies, on -conditions agreed upon by us as the representative of St. Peter. You who -join him in this undertaking should do so to the honor of St. Peter, -that St. Peter may protect you from danger and reward your fidelity to -him. But if any of you plan to attack that land independently with your -own forces, you should do so in a spirit of devotion and with righteous -motives. Beware lest after you have conquered the land you wrong St. -Peter in the same way as the infidels do who now hold it. Unless you are -prepared to recognize the rights of St. Peter by making an equitable -agreement with us, we will forbid you by our apostolic authority to go -thither, that your holy and universal mother, the church, may not suffer -from her sons the same injuries which she now suffers from her enemies, -to the loss not only of her property, but also of the devotion of her -children. To this end we have sent to Spain our beloved son, Hugo, -cardinal priest of the holy Roman church, and he will inform you more -fully of our terms and conditions. - - - -70. Letter of Gregory VII to Wratislav, Duke of Bohemia, 1073. - - -Migne, 148, cols. 299 f. - -See introductory note to no. 68. - -Gregory, etc., to Wratislav, etc. We give thanks to omnipotent God that -you have been led by your devotion and reverence for the apostles Peter -and Paul, princes of the apostles, to receive our legates with kindness -and treat them with the graciousness which is becoming to your majesty. -Receive the assurance of our good-will in return for this evidence of -your fidelity. It has not been usual for papal legates to visit your -land; this, however, is partly the fault of your forefathers, as well as -of our predecessors, for the dukes of Bohemia should have requested the -pope to send them legates. But some of your subjects have regarded our -sending of legates as an innovation, and have treated them with -contempt, forgetting the word of God: "He that receiveth you receiveth -me" [Matt. 10:40]; "and he that despiseth you despiseth me" [Luke -10:16]. So in failing to show due reverence to our legates, they have -not so much despised them, as they have despised the word of truth.... - - - -71. Letter of Gregory VII to Sancho, King of Aragon, 1074. - - -Migne, 148 col. 339. - -See introductory note to no. 68. - -Gregory, bishop, servant of the servants of God, to Sancho, king of -Aragon, greeting and apostolic benediction. - -We received your gracious letter with great joy, because of the evidence -which it contained of your fidelity to the princes of the apostles, -Peter and Paul, and to the holy Roman church. But indeed even if we had -not received your letter we should have been well aware of your fidelity -through the report of our legates. By enforcing the observances of the -Roman form of service in the churches of your kingdom you have shown -that you are a true son of the Roman church and that you bear the same -friendship to us that former kings of Spain have borne to the Roman -pope. Be firm and constant in the faith and complete the good work which -you have begun; then the blessed St. Peter, whom our Lord Jesus Christ -has made ruler over the kingdoms of this world, will bring to pass the -desires of your heart and will make you victorious over your enemies, -because of the trust which you have placed in him.... - - - -72. Letter of Gregory VII to Solomon, King of Hungary, 1074. - - -Migne, 148, col. 373. - -See introductory note to no. 68. - -Gregory, bishop, servant of the servants of God, to Solomon, king of -Hungary, greeting and apostolic benediction. - -Your letter was late in reaching us because of the delay of the -messenger, but when it did come we were displeased with it because its -terms were offensive to St. Peter. For the kingdom of Hungary, as you -can learn from your own princes, belongs of right to the holy Roman -church, having been offered and surrendered to St. Peter with all its -rights and powers by the former king Stephen. And when the emperor Henry -[II] of blessed memory, attacked the kingdom in the defense of the honor -of St. Peter and captured the king, he forwarded to the grave of St. -Peter the lance and crown, the insignia of kingship. But we hear that -you have accepted the kingdom as a fief from the king of the Germans, -thereby infringing the rights and the honor of St. Peter and acting in a -manner incompatible with the virtue and character of a king. If you wish -to have the favor of St. Peter and our good will, you must correct your -faults; you know yourself that you cannot hope for justice, that, -indeed, you cannot reign any length of time, unless you admit that you -hold the sceptre of your kingdom from the pope and not from the king. As -far as God shall give us strength, we will never through fear or -affection or any personal consideration consent to the diminishing of -the honor of him whom we serve. But if you are willing to mend your ways -and act as a king should, you may easily win the love of your mother, -the holy Roman church, and our friendship in Christ. - - - -73. Letter of Gregory VII to Demetrius, King of the Russians, 1075. - - -Migne, 148, col. 425. - -See introductory note to no. 68. - -Gregory, bishop, servant of the servants of God, to Demetrius, king of -the Russians, and to his wife, the queen, greeting and apostolic -benediction. - -Your son has visited us at Rome, and has asked that we invest him with -the kingdom of the Russians in the name of St. Peter. He has given -sufficient evidence of his fidelity to St. Peter, and has assured us -that he is acting with your consent in making the petition. We have felt -justified in granting his petition because of your consent and of the -devotion which he has evidenced; therefore we have conferred upon him in -the name of St. Peter the government of your kingdom. We pray that St. -Peter may protect you and your kingdom and all your possessions by his -intercession with God, that he may cause you to hold your kingdom in -peace, glory, and honor, all your days, and that at the end of this life -he may obtain for you an eternal glory with the King of Heaven. We shall -always be ready to grant your request whenever you call upon us in any -righteous cause. In regard to this matter of the investiture and other -affairs not mentioned in this letter, we have sent you these legates, -one of whom is a well-known and faithful friend of yours. Treat them -kindly out of reverence for St. Peter, whose legates they are; listen to -them and believe without hesitation whatever they may say on our behalf. -Do not allow them to be hindered in the discharge of any of the duties -with which we have intrusted them, but give them your faithful -assistance. May omnipotent God illumine your soul and lead you through -this temporal life to his eternal glory. - - - -74-81. Conflict between Henry IV and Gregory VII. - - -74. Letter of Gregory VII to Henry IV, December, 1075. - - -Jaffé, II, pp. 218 ff; Doeberl, III, no. 7. - -Gregory VII met with vigorous opposition from the German clergy as well -as from the king when he attempted to enforce his laws against simony -and the marriage of the clergy. In a synod at Rome, 1075, Feb. 24-28, -Gregory excommunicated five of Henry's intimate advisers for the sin of -simony. Henry refused to recognize the validity of this excommunication, -and, regardless of papal protests, persisted in his policy of disposing -of bishoprics (Milan, Fermo, Spoleto, for example) as he chose. Gregory -determined to proceed to extreme measures. He sent messengers to Henry, -bearing this letter (no. 74) in which he defended his decrees against -simony and the marriage of the clergy, and announced his determination -to hold fast to them and to compel the whole world to accept them. He -also intrusted an oral message to the bearers of the letter to the -effect that if Henry did not mend his evil life, and drive his -excommunicated counsellors from his court, Gregory would not only -excommunicate him but also depose him. - -Henry's answer to this message and letter was given at a national synod -at Worms, Jan. 24, 1076. This synod deposed Gregory and informed him of -their action by two letters, one by Henry (no. 75), and the other by the -German bishops (no. 76). Gregory replied by excommunicating and deposing -the king (no. 77). - -Gregory, bishop, servant of the servants of God, to Henry, the king, -greeting and apostolic benediction--that is, if he shall prove obedient -to the apostolic see as a Christian king should. - -We have sent you our apostolic benediction with some hesitation, knowing -that we must render account to God, the severe judge, for all our acts -as pope. Now it is reported that you have knowingly associated with men -who have been excommunicated by the pope and the synod. If this is true, -you know that you cannot receive the blessing either of God or of the -pope until you have driven them from you and have compelled them to do -penance, and have yourself sought absolution and forgiveness for your -transgressions with due penance and reparation. Therefore, if you -realize your guilt in this matter, we counsel you to confess straightway -to some pious bishop, who shall absolve you with our permission, -enjoining upon you suitable penance for this fault, and who shall -faithfully report to us by letter, with your permission, the character -of the penance prescribed. - -We wonder, moreover, that you should continue to assure us by letter and -messengers of your devotion and humility; that you should call yourself -our son and the son of the holy mother church, obedient in the faith, -sincere in love, diligent in devotion, and that you should commend -yourself to us with all zeal of love and reverence--whereas in fact you -are constantly disobeying the canonical and apostolic decrees in -important matters of the faith. For, to say nothing of the rest, in the -case of Milan, concerning which you gave us your promise through your -mother and through our fellow-bishops whom we sent to you, the event has -shown how far you intended to carry out your promise [that is, not at -all] and with what purpose you made it. And now, to inflict wound upon -wound, contrary to the apostolic decrees you have bestowed the churches -of Fermo and Spoleto--if indeed a church can be bestowed by a -layman--upon certain persons quite unknown to us; for it is not lawful -to ordain men before they have been known and proved. - -Since you confess yourself a son of the church, you should treat with -more honor the head of the church, that is, St. Peter, the prince of the -apostles. If you are one of the sheep of the Lord, you have been -intrusted to him by divine authority, for Christ said to him: "Peter, -feed my sheep" [John 21:16]; and again: "And I will give unto thee the -keys of the kingdom of Heaven; and whatsoever thou shalt bind on earth -shall be bound in heaven; and whatsoever thou shalt loose on earth shall -be loosed in heaven" [Matt. 16:19]. And since we, although an unworthy -sinner, exercise his authority by divine will, the words which you -address to us are in reality addressed directly to him. And although we -only read or hear the words, he sees the heart from which the words -proceed. Therefore your highness should be very careful that no -insincerity be found in your words and messages to us; and that you show -due reverence, not to us indeed, but to omnipotent God, in those things -which especially make for the advance of the Christian faith and the -well-being of the church. For our Lord said to the apostles and to their -successors: "He that heareth you heareth me; and he that despiseth you -despiseth me" [Luke 10:16]. For no one will disregard our admonitions if -he believes that the decrees of the pope have the same authority as the -words of the apostle himself. For if our Lord commanded the apostles out -of reverence for the seat of Moses to observe the sayings of the scribes -and Pharisees who occupied that seat, then surely the faithful ought to -receive with all reverence the apostolic and evangelical doctrine -through those who are chosen to the ministry of preaching. - -Now in the synod held at the apostolic seat to which the divine will has -called us (at which some of your subjects also were present) we, seeing -that the Christian religion had been weakened by many attacks and that -the chief and proper motive, that of saving souls, had for a long time -been neglected and slighted, were alarmed at the evident danger of the -destruction of the flock of the Lord, and had recourse to the decrees -and the doctrine of the holy fathers; we decreed nothing new, nothing of -our invention [that is, against simony and the marriage of the clergy]; -but we decided that the error should be abandoned and the single -primitive rule of ecclesiastical discipline and the familiar way of the -saints should be again sought out and followed. For we know that no -other door to salvation and eternal life lies open to the sheep of -Christ than that which was pointed out by him who said: "I am the door, -by me if any man enter in he shall be saved, and find pasture" [John -10:9]; and this, we learn from the gospels and from the sacred writings, -was preached by the apostles and observed by the holy fathers. And we -have decided that this decree--which some, placing human above divine -honor, have called an unendurable weight and an immense burden, but -which we call by its proper name, that is, the truth and light necessary -to salvation--is to be received and observed not only by you and your -subjects, but also by all princes and peoples of the earth who confess -and worship Christ; for it is greatly desired by us, and would be most -fitting for you, that, as you are greater than others in glory, in -honor, and in virtue, so you should be more distinguished in devotion to -Christ. - -Nevertheless, that this decree may not seem to you beyond measure -grievous and unjust, we have commanded you by your faithful ambassadors -to send to us the wisest and most pious men whom you can find in your -kingdom, so that if they can show or instruct us in any way how we can -temper the sentence promulgated by the holy fathers without offence to -the eternal King or danger to our souls, we may consider their advice. -But, even if we had not warned you in so friendly a manner, it would -have been only right on your part, before you violated the apostolic -decrees, to have asked justice of us in a reasonable manner in any -matter in which we had injured or affected your honor. But it is evident -in what you have since done and decreed how little you care for our -warnings or for the observance of justice. - -But since we hope that, while the long-suffering patience of God still -invites you to repent, you may become wiser and your heart may be turned -to obey the commands of God, we warn you with fatherly love that, -knowing the rule of Christ to be over you, you should consider how -dangerous it is to place your honor above his, and that you should not -interfere with the liberty of the church which he has deigned to join to -himself by heavenly union, but rather with faithful devotion you should -offer your assistance to the increasing of this liberty to omnipotent -God and St. Peter, through whom also your glory may be amplified. You -ought to recognize what you undoubtedly owe to them for giving you -victory over your enemies, that as they have gladdened you with great -prosperity, so they should see that you are thereby rendered more -devout. And in order that the fear of God, in whose hands is all power -and all rule, may affect your heart more than these our warnings, you -should recall what happened to Saul when, after winning the victory -which he gained by the will of the prophet, he glorified himself in his -triumph and did not obey the warnings of the prophet, and how God -reproved him; and, on the other hand, what grace king David acquired by -reason of his humility, as well as his other virtues. - -Finally, in regard to those matters in your letter which we have not yet -touched upon, we will not give a definite answer until your ambassadors, -Rapoto, Adelbert, and Wodescalc, and those whom we have sent with them, -shall return to us and shall make known more fully your intention in -regard to the matters which we committed to them to be discussed with -you. Given at Rome, the 6th of the Ides of January, the 14th indiction. - - - -75. The Deposition of Gregory VII by Henry IV, January 24, 1076. - - -M. G. LL. folio, II, pp. 47 ff; Doeberl, III, no. 8 b. - -See introductory note to no. 74. - -Henry, king not by usurpation, but by the holy ordination of God, to -Hildebrand, not pope, but false monk. - -This is the salutation which you deserve, for you have never held any -office in the church without making it a source of confusion and a curse -to Christian men instead of an honor and a blessing. To mention only the -most obvious cases out of many, you have not only dared to touch the -Lord's anointed, the archbishops, bishops, and priests; but you have -scorned them and abused them, as if they were ignorant servants not fit -to know what their master was doing. This you have done to gain favor -with the vulgar crowd. You have declared that the bishops know nothing -and that you know everything; but if you have such great wisdom you have -used it not to build but to destroy. Therefore we believe that St. -Gregory, whose name you have presumed to take, had you in mind when he -said: "The heart of the prelate is puffed up by the abundance of -subjects, and he thinks himself more powerful than all others." All this -we have endured because of our respect for the papal office, but you -have mistaken our humility for fear, and have dared to make an attack -upon the royal and imperial authority which we received from God. You -have even threatened to take it away, as if we had received it from you, -and as if the empire and kingdom were in your disposal and not in the -disposal of God. Our Lord Jesus Christ has called us to the government -of the empire, but he never called you to the rule of the church. This -is the way you have gained advancement in the church: through craft you -have obtained wealth; through wealth you have obtained favor; through -favor, the power of the sword; and through the power of the sword, the -papal seat, which is the seat of peace; and then from the seat of peace -you have expelled peace. For you have incited subjects to rebel against -their prelates by teaching them to despise the bishops, their rightful -rulers. You have given to laymen the authority over priests, whereby -they condemn and depose those whom the bishops have put over them to -teach them. You have attacked me, who, unworthy as I am, have yet been -anointed to rule among the anointed of God, and who, according to the -teaching of the fathers, can be judged by no one save God alone, and can -be deposed for no crime except infidelity. For the holy fathers in the -time of the apostate Julian did not presume to pronounce sentence of -deposition against him, but left him to be judged and condemned by God. -St. Peter himself said: "Fear God, honor the king" [1 Pet. 2:17]. But -you, who fear not God, have dishonored me, whom He hath established. St. -Paul, who said that even an angel from heaven should be accursed who -taught any other than the true doctrine, did not make an exception in -your favor, to permit you to teach false doctrines. For he says: "But -though we, or an angel from heaven, preach any other gospel unto you -than that which we have preached unto you, let him be accursed" [Gal. -1:8]. Come down, then, from that apostolic seat which you have obtained -by violence; for you have been declared accursed by St. Paul for your -false doctrines and have been condemned by us and our bishops for your -evil rule. Let another ascend the throne of St. Peter, one who will not -use religion as a cloak of violence, but will teach the life-giving -doctrine of that prince of the apostles. I, Henry, king by the grace of -God, with all my bishops, say unto you: "Come down, come down, and be -accursed through all the ages." - - - -76. Letter of the Bishops to Gregory VII, January 24, 1076. - - -Codex Udalrici, no. 162; M. G. LL. folio, II, pp. 44 ff; Doeberl, III, -no. 8 a. - -See introductory note to no. 74. - -Siegfried, archbishop of Mainz, Udo, bishop of Trier, William, bishop of -Utrecht, etc. [a list of names of bishops, twenty-six in all], to -brother Hildebrand. - -At first when you made yourself pope we thought it better to ignore the -illegality of your action and to submit to your rule, in the hope that -you would redeem your bad beginning by a just and righteous government -of the church, although we realized even then the enormity of the sin -which you had committed. But now the lamentable condition of the whole -church shows us only too well how we were deceived in you; your violent -entrance into office was but the first in a series of wicked deeds and -unjust decrees. Our Lord and Redeemer has said, in more places than we -can well enumerate here, that love and gentleness are the marks of his -disciples, but you are known for your pride, your ambition, and your -love of strife. You have introduced worldliness into the church; you -have desired a great name rather than a reputation for holiness; you -have made a schism in the church and offended its members, who before -your time were living together in peace and charity. Your mad acts have -kindled the flame of discord which now rages in the churches of Italy, -Germany, France, and Spain. The bishops have been deprived of their -divine authority, which rests upon the grace of the Holy Spirit received -through ordination, and the whole administration of ecclesiastical -matters you have given to rash and ignorant laymen. There is nowhere in -the church to-day a bishop or a priest who does not hold his office -through abject acquiescence in your ambitious schemes. The order of -bishops, to whom the government of the church was intrusted by the Lord, -you have thrown into confusion, and you have disturbed that excellent -coördination of the members of Christ which Paul in so many places -commends and inculcates, while the name of Christ has almost disappeared -from the earth; and all this through those decrees in which you glory. -Who among men is not filled with astonishment and indignation at your -claims to sole authority, by which you would deprive your fellow-bishops -of their coördinate rights and powers? For you assert that you have the -authority to try any one of our parishioners for any sin which may have -reached your ears even by chance report, and that no one of us has the -power to loose or to bind such a sinner, but that it belongs to you -alone or to your legate. Who that knows the scriptures does not perceive -the madness of this claim? Since, therefore, it is now apparent that the -church of God is in danger of destruction through your presumption, we -have come to the conclusion that this state of things can no longer be -endured, and we have determined to break our silence and to make public -the reasons why you are unfit and have always been unfit to rule the -church as pope. These are the reasons: In the first place, in the reign -of emperor Henry [III] of blessed memory, you bound yourself by oath -never to accept the papacy or to permit anyone else to accept it during -the life of that emperor or of his son without the consent of the -emperor. There are many bishops still living who can bear witness to -that oath. On another occasion, when certain cardinals were aiming to -secure the office, you took an oath never to accept the papacy, on -condition that they should all take the same oath. You know yourself how -faithfully you have kept these oaths! In the second place, it was agreed -in a synod held in the time of pope Nicholas [II] and attended by 125 -bishops, that no one, under penalty of excommunication, should ever -accept the papacy who had not received the election of the cardinals, -the approbation of the people, and the consent of the emperor. You -yourself proposed and promoted that decree and signed it with your own -hand. In the third place, you have filled the whole church with the -stench of scandal, by associating on too intimate terms with a woman who -was not a member of your family [the countess Matilda]. We do not wish -to base any serious charge on this last accusation; we refer to it -because it outrages our sense of propriety. And yet the complaint is -very generally made that all the judgments and acts of the papacy are -passed on by the women about the pope, and that the whole church is -governed by this new female conclave. And finally, no amount of -complaint is adequate to express the insults and outrages you have -heaped upon the bishops, calling them sons of harlots and other vile -names. Therefore, since your pontificate was begun in perjury and crime, -since your innovations have placed the church of God in the gravest -peril, since your life and conduct are stained with infamy; we now -renounce our obedience, which indeed was never legally promised to you. -You have declared publicly that you do not consider us to be bishops; we -reply that no one of us shall ever hold you to be the pope. - - - -77. The First Deposition and Excommunication of Henry IV by Gregory VII, -1076. - - -Greg VII. Reg., III, no. 10 a; Jaffé, II, pp. 223 ff; Doeberl, III, no. 9. - -See introductory note to no. 74. - -St. Peter, prince of the apostles, incline thine ear unto me, I beseech -thee, and hear me, thy servant, whom thou hast nourished from mine -infancy and hast delivered from mine enemies that hate me for my -fidelity to thee. Thou art my witness, as are also my mistress, the -mother of God, and St. Paul thy brother, and all the other saints, that -thy holy Roman church called me to its government against my own will, -and that I did not gain thy throne by violence; that I would rather have -ended my days in exile than have obtained thy place by fraud or for -worldly ambition. It is not by my efforts, but by thy grace, that I am -set to rule over the Christian world which was specially intrusted to -thee by Christ. It is by thy grace and as thy representative that God -has given to me the power to bind and to loose in heaven and in earth. -Confident of my integrity and authority, I now declare in the name of -omnipotent God, the Father, Son, and Holy Spirit, that Henry, son of the -emperor Henry, is deprived of his kingdom of Germany and Italy; I do -this by thy authority and in defence of the honor of thy church, because -he has rebelled against it. He who attempts to destroy the honor of the -church should be deprived of such honor as he may have held. He has -refused to obey as a Christian should, he has not returned to God from -whom he had wandered, he has had dealings with excommunicated persons, -he has done many iniquities, he has despised the warnings which, as thou -art witness, I sent to him for his salvation, he has cut himself off -from thy church, and has attempted to rend it asunder; therefore, by thy -authority, I place him under the curse. It is in thy name that I curse -him, that all people may know that thou art Peter, and upon thy rock the -Son of the living God has built his church, and the gates of hell shall -not prevail against it. - - - -78. The Agreement at Oppenheim, October, 1076. - - -M. G. LL. 4to, IV, I, nos. 64, 65; Codex Udalrici, nos. 145,155; -Doeberl, III, no. 12. - -Various parts of Germany were already in revolt against Henry IV, and -the immediate effect of the papal excommunication was to strengthen the -rebellious party. Being almost deserted, Henry found himself unable to -refuse the demands of the rebels. He agreed to submit to Gregory in all -things, and rescinded the edicts by which he had deposed him. He also -called on all his subjects to submit to the pope (no. 79). - -Promise of king Henry to pope Hildebrand, also called Gregory. - -In accordance with the advice of my subjects, I hereby promise to show -henceforth fitting reverence and obedience to the apostolic office and -to you, pope Gregory. I further promise to make suitable reparation for -any loss of honor which you or your office may have suffered through me. -And since I have been accused of certain grave crimes, I will either -clear myself by presenting proof of my innocence or by undergoing the -ordeal, or else I will do such penance as you may decide to be adequate -for my fault. - - - -79. Edict Annulling the Decrees Against Pope Gregory. - - -Cf. reference to no. 78. - -Henry, by the grace of God king, to the archbishops, bishops, margraves, -counts, and to his subjects of every rank and dignity, greeting and good -will. Our faithful subjects have convinced us that in our recent -controversy with pope Gregory we were led astray by certain evil -counsellors. Therefore we now make known to all, that we have repented -of our former actions and have determined henceforth to obey him in -everything, as our predecessors were wont to do before us, and to make -full reparation for any injury which we may have inflicted upon him or -his office. We command all of you to follow our example and to offer -satisfaction to St. Peter and to his vicar, pope Gregory, for any fault -you may have committed, and to seek absolution from him, if any of you -are under his ban. - - - -80. Letter of Gregory VII to the German Princes Concerning the Penance -of Henry IV at Canossa, _ca._ January 28, 1077. - - -Greg. VII. Reg., IV, nos 12, 12 a; Jaffé, II, pp. 256 ff: Doeberl, III, -no. 13. - -At Oppenheim Henry IV had been temporarily deposed. He sent away his -counsellors who had been excommunicated, gave up all participation in -the affairs of government, laid aside all the royal insignia, and -withdrew to the city of Speier, which he was not to leave until the -matter was adjusted by the pope, who was to come to Germany and hold a -diet in February, 1077. But Henry did not keep his word. Fearing that he -would be permanently deposed if the pope should come to Germany and sit -with his rebellious subjects in judgment on him, he determined to -forestall matters by going to see the pope in Italy. So he fled from -Speier and hastened as rapidly as possible into Italy. He came to -Canossa, where he humbled himself before Gregory and received -absolution. It was at least a diplomatic triumph for Henry, because he -had kept the pope from coming to Germany and uniting with his rebellious -nobles, who would have labored hard to secure the permanent deposition -of Henry. The final decision of the matter was indeed left to the pope -and the diet which was to be held in Germany, but the pope did not go to -Germany, and Henry was able to point to the fact that he had received -papal absolution. The oath which Gregory VII required of Henry is given -in no. 81. - -Gregory, bishop, servant of the servants of God, to all the archbishops, -bishops, dukes, counts, and other princes of the German kingdom, -defenders of the Christian faith, greeting and apostelic benediction. - -Since you have made common cause with us and shared our perils in the -recent controversy, we have thought it only right that you should be -informed of the recent course of events, how king Henry came to Italy to -do penance, and how we were led to grant him absolution. - -According to the agreement made with your representatives we had come to -Lombardy and were there awaiting those whom you were to send to escort -us into your land. But after the time set was already passed, we -received word that it was at that time impossible to send an escort, -because of many obstacles that stood in the way, and we were greatly -exercised at this and in grave doubt as to what we ought to do. In the -meantime we learned that the king was approaching. Now before he entered -Italy he had sent to us and had offered to make complete satisfaction -for his fault, promising to reform and henceforth to obey us in all -things, provided we would give him our absolution and blessing. We -hesitated for some time, taking occasion in the course of the -negotiations to reprove him sharply for his former sins. Finally he came -in person to Canossa, where we were staying, bringing with him only a -small retinue and manifesting no hostile intentions. Once arrived, he -presented himself at the gate of the castle, barefoot and clad only in -wretched woollen garments, beseeching us with tears to grant him -absolution and forgiveness. This he continued to do for three days, -until all those about us were moved to compassion at his plight and -interceded for him with tears and prayers. Indeed, they marvelled at our -hardness of heart, some even complaining that our action savored rather -of heartless tyranny than of chastening severity. At length his -persistent declarations of repentance and the supplications of all who -were there with us overcame our reluctance, and we removed the -excommunication from him and received him again into the bosom of the -holy mother church. But first he took the oath which we have subjoined -to this letter, the abbot of Cluny, the countess Matilda, the countess -Adelaide, and many other ecclesiastic and secular princes going surety -for him. Now that this arrangement has been reached to the common -advantage of the church and the empire, we purpose coming to visit you -in your own land as soon as possible. For, as you will perceive from the -conditions stated in the oath, the matter is not to be regarded as -settled until we have held consultation with you. Therefore we urge you -to maintain that fidelity and love of justice which first prompted your -action. We have not bound ourself to anything, except that we assured -the king that he might depend upon us to aid him in everything that -looked to his salvation and honor. - - - -81. The Oath of King Henry. - - -Cf. reference to no. 80. - -See introductory note to no. 80. - -I, Henry, king, promise to satisfy the grievances which my archbishops, -bishops, dukes, counts, and other princes of Germany or their followers -may have against me, within the time set by pope Gregory and in -accordance with his conditions. If I am prevented by any sufficient -cause from doing this within that time, I will do it as soon after that -as I may. Further, if pope Gregory shall desire to visit Germany or any -other land, on his journey thither, his sojourn there, and his return -thence, he shall not be molested or placed in danger of captivity by me -or by anyone whom I can control. This shall apply to his escort and -retinue and to all who come and go in his service. Moreover, I will -never enter into any plan for hindering or molesting him, but will aid -him in good faith and to the best of my ability if anyone else opposes -him. - - - -82. Countess Matilda Gives All her Lands to the Church, 1102. - - -M. G. LL. 4to, IV, 1, p. 654, no. 444. - -The countess Matilda supported the papacy in its claims of temporal -sovereignty, and, when she died, left it all her lands. The emperors did -not recognize the validity of the legacy, and declared that she had no -right to give away what belonged to the empire. The quarrel about these -lands was often renewed. - -In the name of the holy and undivided Trinity.... In the time of Gregory -VII, in the Lateran palace, in the chapel of the holy cross, in the -presence of [witnesses],... I, Matilda, by the grace of God countess, -for the salvation of my soul and the souls of my parents, gave to the -church of St. Peter and to Gregory VII all my possessions, present and -future, by whatever title I may hold them. I gave all my lands in Italy -and Germany, and I had a document drawn up to that effect. But now the -document has disappeared, and I fear that my gift may be questioned. -Therefore, I, countess Matilda, again give to the church of Rome, -through Bernard, cardinal and legate of the same holy church of Rome, -just as I did in the time of Gregory VII, all my possessions, present -and future, in both Italy and Germany, by whatever right I hold them, -for the salvation of my soul and the souls of my parents. All these -possessions, which belong to me, with all that pertains to them, in all -their entirety, I give to the said church of Rome, and by this deed of -gift I confirm the church in the possession of them. As symbols and -evidences that I have surrendered these lands I have given a knife, a -knotted straw, a glove, a piece of sod, and a twig from a tree.... - - - -83. The First Privilege which Paschal II Granted to Henry V, February -12, 1111. - - -M. G. LL. folio, II, pp. 68 ff; Doeberl, III, no. 20 a. - -In the struggle about the election and investiture of bishops, which was -begun by Gregory VII, Henry V pursued the same policy as his father, -Henry IV. He was so vigorous in pushing his claims that Paschal II -(1099-1118) yielded and in 1111 decreed that the high clergy should give -up all their fiefs and temporal offices, and exercise only spiritual -functions. But this action met with a storm of opposition. The bishops -refused to give up their temporal possessions, and resisted with such -determination that Paschal was compelled to cancel his agreement with -Henry V. But the king would not be denied. He brought such pressure to -bear on the pope that he made a complete surrender and granted Henry the -control of the elections of bishops and the unconditional right to -invest them with their office (no. 84). - -Paschal, bishop, servant of the servants of God, to his beloved son -Henry, and to his successors forever. - -Priests are forbidden by the scriptures and by the canons of the church -to occupy themselves with secular affairs or to attend the public -courts, except in the exercise of their office, such as the saving of -the souls of the condemned or the assisting of the injured. In regard to -this St. Paul says: "If then ye have judgments of things pertaining to -this life, set them to judge who are least esteemed in the church" [1 -Cor. 6:4]. But in your kingdom bishops and abbots regularly attend the -courts and perform military service, which duties necessarily bring them -into contact with rapine, sacrilege, and violence. The ministers of the -altar are made ministers of the royal court, and are given cities, -duchies, marks, mints, and other offices to hold and to rule. As a -result an unbearable custom has arisen that bishops elect cannot be -consecrated until they have been invested with office by the king. -Simony and worldly ambition have thereby become so prevalent that men -are sometimes placed in control of the episcopal properties who have not -been elected bishops; and are sometimes invested with them while the -true bishops are still alive. Our predecessors, pope Gregory VII and -pope Urban II, of blessed memory, were impelled by the many evils -resulting from this practice to condemn lay investiture in several -councils, decreeing that those who obtained ecclesiastical offices by -these means should be forced to surrender them and that those who -conferred the investiture should be excommunicated. This was based on -the chapter of the apostolic canons which reads: "If a bishop makes use -of the secular powers to obtain a diocese, he shall be deposed and those -who supported him shall be cast out of the church." [See no. 33.] -Following their example, we have confirmed the present decree, which has -been passed by a council of bishops. - -All the royal offices and benefices which belonged to the empire in the -time of the emperors Karl, Ludwig, and your other predecessors, and -which are now held by the church, we order to be restored to you. We -forbid any bishop or abbot, under pain of anathema, to hold any of these -regalia; that is, cities, duchies, marks, counties; rights of minting, -markets, or tolls; offices of advocate or hundred-man; estates which -belong to the empire, with any of their appurtenances, the right to hold -castles or to do military service. They shall not henceforth have -anything to do with these regalia, except at the request of the king. -And our successors are forbidden to disturb this arrangement or to -molest you or any of your kingdom in the peaceful possession of the -regalia. - -On the other hand, we decree that the churches shall have absolute -control of their free-will offerings and their private possessions, -which is in keeping with the promise which you made in your coronation -oath. - -For it is necessary that the bishops be free from secular duties that -they may give their time to the care of their flocks, and not be too -long absent from their churches; as St. Paul says of the bishops: "They -watch for your souls, as they that must give account" [Heb. 13:17]. - - - -84. The Second Privilege which Paschal II Granted to Henry V, April 12, -1111. - - -M. G. LL. folio, II, pp. 72 ff; Doeberl, III, no. 20 b. - -See introductory note to no. 83. - -Paschal, bishop, servant of the servants of God, to his beloved son, -Henry, by the grace of God king of the Germans and emperor of the -Romans, Augustus, greeting and apostolic benediction. It is the will of -God that your kingdom should be closely bound to the holy Roman church. -Your predecessors obtained the crown and empire of the Roman world -because of their wisdom and virtue; you also have been exalted to that -dignity by the will of God working through us. And so we confer upon you -the prerogatives which our predecessors granted to former emperors. By -this document we concede to you the right of investing the bishops and -abbots of your kingdom with the ring and the staff, if their election -has been conducted canonically and without simony or other illegality. -After their investiture they are to be consecrated in due canonical form -by their bishops. If the clergy and people elect a bishop or an abbot -without first gaining your consent, he shall not be consecrated until -you have invested him with his office. The right of consecrating such -bishops and abbots as have received investiture from you shall belong to -the archbishops and bishops of your kingdom. For your predecessors -endowed the churches of their realm with so many benefices from their -own lands and offices that it became necessary for them to control the -elections of bishops and abbots, and to put down the popular -disturbances that frequently arose in these elections. - -As a result of this concession you ought to be the more zealous in the -defence and in the enrichment of the church of Rome and the other -churches of God. If any person, ecclesiastic or layman, shall knowingly -violate this decree, he shall be accursed and deprived of his office and -rank. But may God reward those who keep it, and grant that you may rule -happily to his honor and glory. Amen. - - - -85-86. Concordat of Worms, 1122. - - -85. The Promise of Calixtus II. - - -M. G. LL. folio, II, pp. 75 ff; Doeberl, III, no. 21 a. - -The victory won by Henry V over Paschal II (no. 84) was of short -duration because the Cluniac party refused to submit. They renewed the -struggle with great bitterness. The contest lasted to 1122, when a -compromise was agreed upon. In general it may be said that the -compromise was a sensible one, in that the king was recognized as having -the right to invest the bishops with their fiefs and secular authority, -while the pope was to invest them with their spiritual office and -authority. This settlement of the principle did not entirely end the -struggle, because, in the first place, neither party observed it -perfectly, and, besides, it occasionally happened that there was some -doubt as to how the principle was to be applied. - -Calixtus, bishop, servant of the servants of God, to his beloved son, -Henry, by the grace of God emperor of the Romans, Augustus. - -We hereby grant that in Germany the elections of the bishops and abbots -who hold directly from the crown shall be held in your presence, such -elections to be conducted canonically and without simony or other -illegality. In the case of disputed elections you shall have the right -to decide between the parties, after consulting with the archbishop of -the province and his fellow-bishops. You shall confer the regalia of the -office upon the bishop or abbot elect by giving him the sceptre, and -this shall be done freely without exacting any payment from him; the -bishop or abbot elect on his part shall perform all the duties that go -with the holding of the regalia. - -In other parts of the empire the bishops shall receive the regalia from -you in the same manner within six months of their consecration, and -shall in like manner perform all the duties that go with them. The -undoubted rights of the Roman church, however, are not to be regarded as -prejudiced by this concession. If at any time you shall have occasion to -complain of the carrying out of these provisions, I will undertake to -satisfy your grievances as far as shall be consistent with my office. -Finally, I hereby make a true and lasting peace with you and with all of -your followers, including those who supported you in the recent -controversy. - - - -86. The Promise of Henry V. - - -M. G. LL. folio, II, p. 76; Doeberl, III, no. 21 b. - -In the name of the holy and undivided Trinity. - -For the love of God and his holy church and of pope Calixtus, and for -the salvation of my soul, I, Henry, by the grace of God, emperor of the -Romans, Augustus, hereby surrender to God and his apostles, Sts. Peter -and Paul, and to the holy Catholic church, all investiture by ring and -staff. I agree that elections and consecrations shall be conducted -canonically and shall be free from all interference. I surrender also -the possessions and regalia of St. Peter which have been seized by me -during this quarrel, or by my father in his lifetime, and which are now -in my possession, and I promise to aid the church to recover such as are -held by any other persons. I restore also the possessions of all other -churches and princes, clerical or secular, which have been taken away -during the course of this quarrel, which I have, and promise to aid them -to recover such as are held by any other persons. - -Finally, I make true and lasting peace with pope Calixtus and with the -holy Roman church and with all who are or have ever been of his party. I -will aid the Roman church whenever my help is asked, and will do justice -in all matters in regard to which the church may have occasion to make -complaint. - -All these things have been done with the consent and advice of the -princes whose names are written below: Adelbert, archbishop of Mainz; -Frederick, archbishop of Cologne, etc. - - - -87. Election Notice, 1125. - - -Jaffé, V, pp. 396 ff; Doeberl, IV, no. 1. - -On the death of a king of Germany, it was the duty of the archbishop of -Mainz, as archchancellor of Germany, to call a diet for the purpose of -electing his successor. He did this by writing a letter in practically -the same terms to each of the important men of the kingdom who were -members of the diet. These letters were then delivered by special -messengers. The diet which met in response to this call in 1125 elected -Lothar of Saxony. The tone of the letter reveals the fact that Adelbert -of Mainz was inclined rather to the side of the pope. The "yoke of -servitude" which was oppressing the church was the imperial control -which Henry V had exercised over the ecclesiastical elections. - -Adelbert, archbishop of Mainz; Frederick, archbishop of Cologne; -Udalric, bishop of Constance; Buco, bishop of Worms; Arnold, bishop of -Speier; Udalric, abbot of Fulda; Henry, duke of Bavaria; Frederick, duke -of Suabia; Godfrey, count palatine; Berengar, count of Sulzbach, along -with the other princes, ecclesiastical and secular, who were present at -the funeral of the late emperor, send their greeting and most faithful -services to their venerable brother, Otto, bishop of Bamberg. - -After the burial of our late lord and emperor, we who were there present -thought it expedient to counsel together in regard to the condition of -the state. We were unwilling to make any definite plans, however, -without your presence and advice, and so we determined to call a diet to -meet at Mainz on St. Bartholomew's Day [August 25], hoping that this -decision would meet your approval. It is our thought that the princes -should meet then and take the necessary action in regard to the serious -problems that confront us: the general state of the kingdom, the -question of a successor, and other matters. In thus calling a diet -without first gaining your approval, we have not meant to infringe in -any way upon your rights or to arrogate to ourselves any peculiar -authority in this matter. We ask you to bear in mind the oppression of -the church in these days and to pray earnestly that in the providence of -God this election may result in the freeing of the church from its yoke -of servitude and in the establishing of peace for us and for our people. -You are instructed to declare a special peace for your lands, to be kept -during the time of the diet and four weeks thereafter, so that all may -come and return in perfect security; and to come to the diet yourself in -the customary manner, that is, at your own expense and without -inflicting any burden upon the poor of the realm. - - - -88. Anaclete II Gives Roger the Title of King of Sicily, 1130. - - -Watterich, Pont. Rom. Vitæ, II, pp. 193 ff; Doeberl, IV, no. 4. - -The Norman adventurers in southern Italy were successful beyond all -expectation. In 1059 Nicholas II made a duke of Roger Guiscard (see no. -58). He and his successors labored hard to advance the interests of -their family, and in 1130 Roger, duke of Sicily, had the satisfaction of -receiving the royal title from Anaclete II. There had been a disputed -papal election that year, and Anaclete II, one of the rival claimants, -needed all the help he could get. So he bought the support of Roger, -giving him in return the title of king. - -It is fitting that the pope should generously reward those that love the -Roman church. And so, because of the labors and services of your father -and mother, and because of your own efforts in behalf of the church, we -have given and granted to you, Robert, by the grace of God duke of -Sicily, and to your son Robert and your other children and heirs, the -crown of Sicily, Apulia, and Calabria, and of all the lands given by us -or our predecessors to your ancestors, Robert Guiscard and Robert his -son, dukes of Apulia. You shall have and hold this kingdom, which shall -take its name from the island of Sicily, with all the royal authority -and dignity forever. We also grant that you and your heirs may be -anointed and crowned by the archbishops of your lands whom you choose -for that purpose, assisted by such bishops as you may desire. We hereby -renew all gifts, concessions, and authority conferred upon you and upon -your predecessors, Robert Guiscard, Robert his son, and William, dukes -of Apulia, to be held and possessed by you forever. We give and grant to -you and to your heirs the principality of Capua in its full extent as -held now or in the past by the prince of Capua; we confer upon you the -lordship over Naples and its dependencies, and the right to demand aid -from the inhabitants of Benevento against your enemies. At your request -we also grant to the archbishop of Palermo and to his successors the -right to consecrate the three bishops of Syracuse, Girgenti, and -Catania, on the condition that the authority and possessions of these -churches shall not be in any way diminished by the archbishop and the -church of Palermo. We reserve our decision as to the consecration of the -other two bishops of Sicily for more mature deliberation. We have -granted all the above concessions on the condition that you and your -heirs take the oath of fidelity to us and to our successors at a place -agreed upon by both parties, and that you and your heirs shall pay a tax -of 600 "schifates" [a gold coin] a year to the Roman church upon -demand.... - - - -89. The Coronation Oath of Lothar II, June 4, 1133. - - -M. G. LL. folio, II, pp. 82 ff; Doeberl, IV, no. 6 a. - -Every king, on his coronation as emperor, was required to take an oath -to the pope, the character of which may be seen from the oath of Lothar. - -This is the oath which king Lothar swore to pope Innocent in the time of -the schism of the son of Pierreleone. The oath was taken by Lothar on -the day of his imperial coronation before he received the crown, and was -administered by Cencio Frangipani in the presence of the Roman nobles, -before the basilica of the Holy Saviour, which is also called the -basilica of Constantine. - -I, king Lothar, promise and swear to you, pope Innocent, that I will -never injure you or your successors in any way or place you in danger of -captivity. I further promise to defend the honor of the papacy, and to -restore the regalia of St. Peter which I may have in my possession, and -to aid you in recovering such as may be held by any other persons. - - - -90. Innocent II Grants the Lands of the Countess Matilda as a Fief to -Lothar II, 1133. - - -Theiner, Cod. Dom. Temp., I, 12; Doeberl, IV, no. 6 c. - -Matilda, countess of Tuscany, espoused the cause of the pope, and, on -her death, willed all her lands to him. The emperor refused to -acknowledge the validity of this will, declaring that her holdings were -feudal, and hence must revert to the crown, because they could not be -disposed of without imperial consent. [See no. 82.] Lothar here gives up -the imperial claim to them and yields them to the pope, but receives -them back as a fief. The question was not thereby settled forever, -because later emperors refused to be bound by the action of Lothar, and -renewed the imperial pretensions. These lands were a fruitful source of -contention between the popes and the emperors. This document, as here -given, is probably an abstract of two documents, (1) the one by which -the lands were conferred on Lothar, and (2) that by which they were -later transferred to Lothar's son-in-law, Henry, duke of Bavaria. - -(The document begins with a general exordium, setting forth the common -interests of papacy and empire, recalling the services of Lothar in -behalf of the church, and stating the obligation of the pope to reward -such services.) - -It is on these considerations, therefore, that we now grant you by our -apostolic authority the allodial lands which the countess Matilda -formerly gave to St. Peter. In the presence of our brothers, the -archbishops, bishops, and abbots, and princes and barons, we now confer -them upon you by the investiture of the ring, on the following -conditions: you shall pay 100 pounds of silver annually to us and to our -successors; after your death the property shall revert unimpaired and -without hindrance to the possession of the holy Roman church; we and our -brothers shall always have safe-conduct and suitable entertainment -whenever we pass through or visit the land; and, finally, your -representative in the government of the land shall take an oath of -fidelity to St. Peter and to the pope. - -Because of our love for you we graciously concede this land on the same -conditions to your son-in-law, Henry, duke of Bavaria, and his wife, -your daughter. It is further stipulated that the duke shall do homage to -us and take an oath of fidelity to St. Peter and to the pope; and that -after their death the land shall revert to the possession of the Roman -church, as said above. In all this there shall be no derogation of the -rights and ultimate ownership of the holy Roman church. - - - -91. Letter of Bernard of Clairvaux to Lothar II, 1134. - - -Migne, 182, cols. 293 ff; Doeberl, IV, no. 7. - -In 1130 there was a disputed papal election. Innocent II, on being -driven from Rome by his rival, Anaclete II, went to France, where he -enlisted Bernard of Clairvaux in his favor. Through the efforts of -Bernard the kings of France and Germany were persuaded to support him. -Lothar led an army into Italy, established Innocent in Rome, and -received the imperial crown. He failed, however, to conquer Roger, who -had been made king of Sicily by the antipope, Anaclete II (see no. 88). -Bernard wrote this letter to congratulate Lothar on his success in -Italy, to urge him to renew the war on Roger because he was still -supporting the antipope, and to rebuke Lothar for opposing some decision -of the pope in regard to a trouble that had arisen in the church at -Toul. - -To Lothar, by the grace of God emperor of the Romans, Augustus, Bernard, -called abbot of Clairvaux, sends his blessing, if the prayer of a sinner -is of any avail. - -Blessed be God, who has chosen you and exalted you for a horn of -salvation unto us, to the glory of his name, the restoration of the -empire, the preservation of his church in this evil time, and the -working of his salvation in the midst of the earth. For it is by his -will that you are daily growing in strength, in honor, and in glory. And -when you recently undertook the hazardous expedition to Rome to secure -the peace of the empire and the liberty of the church, it was by his aid -that you were able to carry it through successfully, obtaining the crown -of the empire without the aid of a large army. But if the earth trembled -and was silent before that little band, think what great terror will -strike the hearts of the enemy when the king shall proceed against him -in the greatness of his power. Moreover, the justice of your cause, nay, -more, a double necessity, will inspire you. It is not my duty to incite -princes to war; but it is the duty of the defender of the church to ward -off all danger of schism; it is the duty of the emperor to recover his -crown from the Sicilian usurper. Just as that Jew [that is, Anaclete II] -rebelled against Christ when he seized the papal chair, so anyone who -would make himself king in Sicily rebels against Cæsar. - -But if we are commanded to render unto Cæsar the things which are -Cæsar's and unto God the things which are God's, why is it that you have -permitted the church of God in Toul to be robbed, especially as Cæsar -profits not thereby? ... For it is said that you have interfered with -the pope in his efforts to bring the oppressors of that church to -justice. I beseech you to act more circumspectly and to recall your -intercession and let justice take its course, before that church be -destroyed to its foundations. I am a poor person, but a faithful -subject, and if I seem importunate it is because of my fidelity. Greet -my lady the empress for me in the love of Christ. - - - -92. Letter of Bernard to Conrad III, 1140. - - -Migne, 182, no. 183; Doeberl, IV, no. 11. - -Because Roger of Sicily had supported the antipope, Bernard had urged -Lothar to make war on him. [See no. 91.] But Innocent had, in the -meantime, without consulting the emperor, made a treaty with Roger and -won his support by also granting him the royal title (1139). Conrad III -was offended by this and protested against it. Conrad declared that the -kingdom which Roger held, that is, Sicily and southern Italy, was a part -of the empire, and therefore the pope had no right to recognize Roger as -king there. Conrad regarded Roger as a usurper. He wrote a letter to -Bernard complaining of the action of the pope. But Bernard had changed -his sentiments since Roger had espoused the cause of Innocent and had -received papal confirmation. In a somewhat curt manner he tells Conrad -to obey the pope. - -I, unworthy person that I am, have received your letter and greeting -with gratitude and devotion. The complaints of the king are ours also, -especially in regard to the usurpation of the Sicilian. - -I have never desired the disgrace of the king nor the diminution of his -realm; my soul hates such as do desire these things. But I read: "Let -every soul be subject unto the higher powers; whosoever resisteth the -power, resisteth the ordinance of God" [Rom. 13:1, 2]. Hearken to this -admonition, I pray you, and show such reverence to St. Peter and to his -vicar as you wish to be shown to you by the whole empire. There are -certain other matters which I have thought better not to put in writing; -perhaps it would be better to speak of them to you personally when I see -you. - - - -93. Letter of Conrad III to the Greek Emperor, John Comnenus, 1142. - - -Otto Fris. Gesta Frid., I, c. 25; M. G. SS. folio, XX; Doeberl, IV, no. -12. - -Although the German and Greek emperors had not adjusted their -conflicting claims to southern Italy and Sicily (see no. 58, -introductory note), they were agreed in regarding the Normans as -usurpers and a common enemy. In order to destroy them the emperors -determined to make common cause against them, as is apparent from the -following letter. John Comnenus, wishing to strengthen the alliance with -Conrad, asked him to choose some German princess for his son, Manuel. -Conrad chose his sister-in-law, Bertha von Sulzbach, who, at the time of -her marriage with Manuel, assumed the name Irene. - -Conrad, by the grace of God emperor of the Romans, Augustus, to John, by -the same grace emperor of Constantinople, greeting and fraternal love. - -As our predecessors, the Roman emperors, made friendship with your -predecessors and established the honor and glory of the kingdom of the -Greeks, we desire to do the same; and as they defended it, so we will -defend it. It is known of all men that your new Rome [Constantinople] is -the daughter of our Rome, the root from which have come your branches -and fruits. Therefore we are determined to maintain toward you the -attitude of a kind mother to her daughter, all the more that we perceive -in you a desire to act as a dutiful daughter. We two should have the -same interests, the same friends, and the same enemies, on land and sea. -Anyone who fails to honor the daughter shall have occasion to know and -fear the strength of the mother, be he Norman or Sicilian, or any other. -For we have not forgotten the attacks which our enemy has made upon our -own empire. With the help of God, we shall repay to every one according -to the measure of his guilt. Then the whole world shall see how easily -those who have dared to rebel against us both are overwhelmed and cast -down; for if we cut his wings, we shall, as it were, take the enemy -flying, and cut out of his heart that arrogance which has caused him to -revolt against us. It is our firm purpose to maintain friendly relations -toward you, and we are sure you hold the same purpose toward us, all the -more now that we are bound together by the approaching marriage of your -son and the sister of our wife, the empress.... - - - -94. Letter of Wibald, Abbot of Stablo, to Eugene III, 1159. - - -Jaffé, I, p. 372; Doeberl, IV, no. 24 a. - -The following letter shows (1) the mismanagement of the affairs of a -great monastery, (2) the troubles which might arise in connection with -the election of an abbot, (3) the influence which Conrad III exercised -on such elections, and (4) the method of procedure in elections. It will -be remembered that the concordat of Worms was now in force. - -To his reverend father and lord, pope Eugene, Wibald [abbot of Stablo], -sends his reverence and respect. - -Our beloved brother Henry, abbot of Hersfeld, who had also been placed -in charge of the abbey of Fulda, was called from this earth by God soon -after our lord Conrad returned from his expedition to Jerusalem. The -king was prevented from immediately settling the affairs of the -monastery of Fulda by the evil state into which its affairs had fallen -and by the violence of party strife within it. This delay was -unfortunate, because the king was not able either to recover its -possessions which had been squandered or to provide for the performance -of the spiritual functions of the church, that is, the care of souls. -Therefore we and our brothers, the abbot of Eberach and other clergymen, -urged upon him the necessity of settling its affairs as soon as -possible. Finally he came to Fulda on the 5th of April and held a diet -there, which was attended by your venerable sons, the archbishop of -Bremen, and the bishops of Würzburg and Halberstadt, and many secular -princes and nobles. Among other things, the king sought their advice in -regard to the affairs of Fulda, seeking to reach a settlement by which -he might render unto God the things which are God's and unto Cæsar the -things which are Cæsar's. After a long and fruitless debate ... the king -said that a certain man had been suggested to him as being of good -character and holy reputation. This man, it was said, had been -successful in the administration of a small monastery, which had -prospered under his rule both spiritually and materially, and there was -no reason for doubting that he was well fitted by his zeal and ability -to govern the monastery of Fulda. If they voted to elect this man, he -was sure that the monastery would recover its former honor and dignity -under his wise and mild administration. All those present were delighted -with this speech, as showing the interest of the king in the welfare of -the church, and the matter was reported by some of us to those who had -the authority to elect the abbot. They in turn were rejoiced at this -turn of the affair and begged to be told the name of the man. And when -it was told to them they proceeded to elect him as their abbot. This man -is Mainward, abbot of Deggingen, ... who has ruled that monastery for -eight years and has been very successful in his administration. We -beseech you to confirm his election, for he is recommended by those who -know him best, and his election took place without his knowledge, and -indeed against his will. We believe that by confirming his election and -giving him your benediction you will do much to heal the wounds of the -distressed congregation of Fulda. We ourselves bear witness that all the -brothers of the congregation have promised obedience and devotion to -their abbot elect. - -May God keep you safe and unharmed to rule his holy church. - - - -95. Letter of Frederick I to Eugene III, Announcing his Election, 1152. - - -Jaffé, I, Wibaldi Epp., no. 372; Doeberl, IV, no. 25 a. - -During the Middle Age there were many constitutional questions which had -not been decided. On many points no theory had been formulated, and the -practice varied. Thus it had not been clearly determined how far the -pope might control the election of the German king. In 1125 Lothar had -asked the pope to confirm his election; Frederick I merely informs the -pope of his election and tells him the policy which he intends to -pursue. Eugene III "approves" his election, but does not use the more -technical word, "confirm." - -To his most beloved father in Christ, Eugene, pope of the holy Roman -church, Frederick, by the grace of God king of the Romans, Augustus, -[sends] filial love and reverence. - -... Following the custom of the Roman emperors, we have sent to you as -ambassadors, Eberhard, venerable bishop of Bamberg, Hillo, bishop elect -of Trier, and Adam, abbot of Eberach, to notify you of our election and -of the condition of the church and the realm. - -After the death of Conrad, king of the Romans, all the princes of the -kingdom came together at Frankfurt, and on the day of their assembling -elected us king. The princes displayed complete harmony in this election -and the people received it with the greatest approval and delight. Five -days later, just after the middle of Lent, we were anointed at Aachen by -your beloved sons, the archbishop of Cologne, and other venerable -bishops, and were raised to the throne with their solemn benediction. -And now that we have been invested with the royal authority and dignity -by the homage of the secular princes and the benediction of the bishops, -we intend to assume the royal character, as set forth in our coronation -oath; namely, to love and honor the pope, to defend the holy Roman -church and all ecclesiastical persons, to maintain peace and order, and -to protect the widows and the fatherless and all the people committed to -our care. God has established two powers by which this world should be -ruled, the papacy and the empire; therefore we are prepared to obey the -priests of Christ, in order that, through our zeal, the word of God may -prevail during our time, and that no one may disobey with impunity the -laws of the holy fathers or the decrees of the councils, and that the -church may enjoy her ancient honor and dignity and the empire be -restored to its former strength. We know that you were greatly -distressed at the death of our uncle and predecessor Conrad, but we -assure you, beloved father, that we have succeeded him not only in the -kingdom, but also in the love which he bore you. We undertake his work -of defending the holy Roman church, and we intend to carry on the plans -which he made for the honor and liberty of the apostolic see. Your -enemies shall be our enemies, and those that hate you shall suffer our -displeasure. - - - -96. Answer of Eugene III, May 17, 1152. - - -Jaffé, I, Wibaldi Epp., no. 382; Doeberl, IV, no. 25 e. - -See introductory note to no. 95. - -Eugene, bishop, servant of the servants of God, to his beloved son in -Christ, Frederick, illustrious king of the Romans, greeting and -apostolic benediction. - -We have received the messengers and the letter which you sent to inform -us of your election by the unanimous vote of the princes.... We give -thanks unto God, from whom cometh every good and perfect gift, for this -good news, and we heartily approve your election. We are confident that -you intend to take upon yourself the fulfilment of the promise which -your uncle and predecessor, Conrad, gave to us and to the holy Roman -church. We, on our part, shall labor for your advancement and -exaltation, as is the duty of our office. We have sent you an -ambassador, who will disclose to you our purpose and intention. In the -meantime, we admonish you to bear in mind your oath to defend the church -and the clergy of God, to keep peace and order, and to protect the -widows and the fatherless, and all your people, that those who obey you -and trust in you may rejoice, and that you may win glory with men and -eternal life with the king of kings. - - - -97. Treaty of Constance, 1153. - - -Jaffé, I, Wibaldi Epp., no. 417; Doeberl, IV, no. 27 a. - -The situation of the pope was precarious. In the first place, the Romans -had rebelled against him and his rule, and had set up a government of -their own. Since 1143 he had been compelled to spend most of his time -outside of the city. In the second place, Roger of Sicily was in -rebellion against him and threatened the papal lands with invasion from -the south. And lastly, the Greek emperor was now following a vigorous -policy to secure land in Italy. The pope was in sore need of help, -especially against the Romans and Normans. Hence he insisted that -Frederick should promise to aid him, as well as not to make peace with -his enemies without papal consent. Frederick wished the imperial crown, -and the papal blessing and support. He was planning the conquest of the -Normans, whose territory he regarded as a part of the empire. But in -this agreement it will be observed that nothing is said about who owns -Sicily and southern Italy, nor is it stipulated that the pope shall not -make terms with the Normans without the emperor's consent. Frederick -feared that the pope, who wished to gain control of the Greek church, -might make terms with the Greek emperor and help him in his efforts to -regain a foothold in Italy. - -In the name of the Lord, amen. This is a copy of the agreement and -convention made between the pope, Eugene III, and Frederick, king of the -Romans, by their representatives; on the part of the pope: cardinals -Gregory of Santa Maria in Trastevere, Ubald of San Prassede, Bernard of -San Clemente, Octavian of Santa Cecilia, Roland of San Marco, Gregory of -Sant Angelo, Guido of Santa Maria in porticu, and Bruno, abbot of -Chiaravalle; on the part of the king: Anselm, bishop of Havelberg; -Hermann, bishop of Constance; Udalrich, count of Lenzburg; Guido, count -of Guerra, and Guido, count of Bianderati. - -The king will have one of his ministerials to swear for him that he will -not make a peace or a truce either with the Romans or with Roger of -Sicily without the consent of the pope. The king will use all the power -of his realm to reduce the Romans to subjection to the pope and the -Roman church. He will protect the honor of the papacy and the regalia of -St. Peter against all men to the best of his ability, and he will aid -the church in recovering what she has lost. He will never grant any land -in Italy to the king of the Greeks, and will use all his power in -keeping him out. All these things the king promises to observe and to do -in good faith. - -The pope, on his part, promises on his apostolic faith, with the consent -of the cardinals, that he will ever honor the king as the most dearly -beloved son of St. Peter, and that he will give him the imperial crown -whenever he shall come to Italy for it. He will aid the king in -maintaining and increasing the honor of his realm, as his office -demands. If anyone attacks the honor or the authority of the king, the -pope at the request of the king will warn him to make satisfaction, and -will excommunicate him if he refuses to heed the warning. The pope will -not grant any land in Italy to the king of the Greeks, and will use all -the resources of St. Peter to drive him out if he invades that land. All -these things shall be observed in good faith by both parties, unless -they are changed by mutual consent. - - - -98. The Stirrup Episode, 1155. - - -Watterich, Pont. Rom. Vitæ, II, pp. 327 ff. - -This account of the stirrup episode illustrates the growing pretensions -of the papacy, the temper of both Frederick I and the new pope, Adrian -IV, and the importance which the Middle Age attached to matters of -ceremony. - -The king [Frederick] advanced with his army to the neighborhood of Sutri -and encamped in Campo Grasso. The pope, however, came to Nepi, and on -the day after his arrival was met there by many of the German princes -and a great concourse of clergy and laymen, and conducted with his -bishops and cardinals to the tent of the king. But when the cardinals -who came with the pope saw that the king did not come forward to act as -the esquire of the pope [_i.e._, to hold his stirrup while he -dismounted], they were greatly disturbed and terrified, and retreated to -Civita Castellana, leaving the pope before the tent of the king. And the -pope, distressed and uncertain what he should do, sadly dismounted and -sat down on the seat which had been prepared for him. Then the king -prostrated himself before the pope, kissing his feet and presenting -himself for the kiss of peace. But the pope said: "You have refused to -pay me the due and accustomed honor which your predecessors, the -orthodox emperors, have always paid to my predecessors, the Roman popes, -out of reverence for the apostles, Peter and Paul; therefore I will not -give you the kiss of peace until you have made satisfaction." The king, -however, replied that he was not under obligations to perform the -service. The whole of the following day was spent in the discussion of -this point, the army in the meantime remaining there. And after the -testimony of the older princes had been taken, especially of those who -had been present at the meeting of king Lothar and pope Innocent (II), -and the ancient practice had been determined, the princes and the royal -court decided that the king ought to act as the esquire of the pope and -hold his stirrup, out of reverence for the apostles, Peter and Paul. On -the next day the camp of the king was moved to the territory of Nepi, on -the shores of lake Janula, and there king Frederick, in accordance with -the decision of the princes, advanced to meet the pope, who was -approaching by another way. And when the pope came within about a -stone's throw from the emperor, the emperor dismounted and proceeded on -foot to meet the pope, and there in the sight of his army he acted as -the pope's esquire, holding his stirrup for him to dismount. Then the -pope gave him the kiss of peace. - - - -99. Treaty between Adrian IV and William of Sicily, 1156. - - -Watterich, Pont. Rom. Vitæ, II, pp. 352 ff; Doeberl, IV, no. 34. - -By this document the long struggle between the popes and the kings of -Sicily was brought to an end. The terms of the treaty were very -favorable to the pope, but William retained as privileges certain things -which were in other countries generally regarded as belonging to the -pope. For the effects of this treaty on the relations between Adrian IV -and Frederick I, see no. 100, introductory note. - -In the name of the Lord, the eternal God, and of our Saviour, Jesus -Christ, amen. To Adrian, by the grace of God, pope of the holy Roman -church, his most beloved lord and father, and to his successors, -William, by the same grace king of Sicily, duke of Apulia, and prince of -Capua. - -(Introduction reviewing the differences between the pope and the king -of Sicily, and relating the course of the negotiations.) - -We agree, therefore, to this treaty of peace as drawn up by the -representatives of both of us. - -1. Concerning appeals to the pope. In Apulia and its dependencies and in -Calabria, appeals in ecclesiastical matters which cannot be settled by -the regular ecclesiastics of those lands may be made freely to Rome. If -it seems advantageous or necessary to transfer priests from one church -to another, this may be done with the consent of the pope. The Roman -church shall have the right to consecrate and to make visitations -throughout our whole realm. The Roman church shall have the right to -hold councils in any of the cities of Apulia or its dependencies or -Calabria, except that a council may not be held in any city in which the -king is staying, without his consent. The Roman church shall have the -right to send its legates into Apulia and its dependencies and into -Calabria, but those legates shall not waste the possessions of the -churches to which they are sent. The Roman church shall have the same -right of consecration and visitation in the island of Sicily.... The -Roman church shall have in Sicily all the rights which it has in other -parts of our kingdom, except the right of hearing appeals and sending -legates, which shall be exercised only at the request of the king. - -2. Concerning those churches and monasteries which have been in dispute -between us. You and your successors shall have in them the rights which -you exercise in other churches of our lands, which are accustomed to -receive their consecration and benediction from the Roman church, and -these churches shall pay the legal taxes to the Roman see. - -3. Concerning elections. The clergy shall elect a suitable person, -keeping his name secret until they have notified you. The name shall -then be reported to us, and we will give our consent to the election, -unless the person is one of our enemies or a traitor, or for some other -good reason is displeasing to us. - -4. You shall confer upon us and upon our son Roger, and our heirs, the -kingdom of Sicily, the duchy of Apulia, and the principality of Capua, -with all the lands which belong to them as follows: Naples, Salerno, and -Amalfi, with their dependencies; Marsia and all that we hold beyond -Marsia; and all the other possessions which we now hold, or which have -been held by our predecessors. You promise, moreover, to aid us in good -faith to hold them against all men. - -5. In consideration of these concessions, we have taken the oath of -fidelity to you and to your successors and to the Roman church, and the -oath of liege homage to you. Two copies of this oath have been made, one -of which has been signed and sealed by us and given into your keeping, -and the other sealed by you and given to us. We agree also to pay an -annual tribute of 600 "schifates" for Apulia and Calabria, and 500 from -Marsia.... You agree to grant all these things also to our heirs and -successors, on condition that they do homage to you and your successors, -and keep the promises which we have made to you.... - - - -100-102. The Besançon Episode, 1157. - - -100. Letter of Adrian IV To Frederick, September 20, 1157. - - -Ragewin, Gesta Friderici, III, ch. 9; M. G. SS. folio, XX; Doeberl, IV, -no. 35a. - -Frederick I had been deeply offended by the treaty which Adrian IV made -with William of Sicily (no. 99), because it had been made without his -consent, and without in any way considering the claims which the emperor -laid to Sicily. In making the treaty of Constance (no. 97) Frederick had -undoubtedly been outwitted by the papal diplomacy. He had been led to -promise not to make peace with the Normans without the consent of the -pope. He apparently took it for granted that the pope was bound in the -same way not to make peace with the Normans without the imperial -consent, although it was not stipulated in the agreement. While -Frederick had promised certain definite things, the pope's promise was -couched in general terms. He had promised to "aid the king in -maintaining and increasing the honor of his realm as his office demands. -If anyone attacks the honor or the authority of the king, the pope will -warn him to make satisfaction," etc. The pope denied that William of -Sicily was "attacking the honor or authority of the king" because the -lands which William held did not belong to Frederick; they were the -property of the pope himself, and therefore he might make terms with -William without consulting Frederick. Frederick complained that the pope -had acted in bad faith in making peace with William, and that he had -broken the treaty of Constance. The pope, however, maintained that he -had in no way infringed the treaty, and that Frederick had no grounds -for complaint. This is the general background for the Besançon episode, -the chief features of which will be clear from the following documents. - -Adrian, bishop, servant of the servants of God, to his beloved son -Frederick, illustrious emperor of the Romans, greeting and apostolic -benediction. We wrote to you a few days ago recalling to your mind that -execrable crime which was recently committed in Germany and expressing -our grief that you had allowed it to go unpunished. For our venerable -brother, Eskil, archbishop of Lund, on his return from the apostolic -seat, was seized and made captive in your land by certain impious and -wicked persons, who even threatened him and his companions with drawn -swords and subjected them to dishonor and indignity. - -Not only are these facts well known to you, but the report of them has -spread to the most distant regions. It was your duty to avenge this -wicked deed and to draw against its perpetrators the sword intrusted to -you by God for the punishing of evil-doers and the protection of good -men. But it is reported that you have palliated this offence and allowed -it to go unpunished, so that those who committed the sacrilege are -unrepentant and believe that they have done this with impunity. We are -entirely at a loss to understand this negligence of yours, for our -conscience does not accuse us of having offended you in any way. Indeed -we have always regarded you as our most beloved son and as a Christian -prince established by the grace of God upon the rock of the apostolic -confession. We have loved you with sincere affection and have always -treated you with the greatest kindness. You should remember, most -glorious son, how graciously your mother, the holy Roman church, -received you last year, how kindly she treated you, and how gladly she -conferred upon you the imperial crown, the highest mark of dignity and -honor; how she has always fostered you on her kindly bosom, and has -always striven to do only what would be pleasing and advantageous to -you. We do not regret having granted the desires of your heart; nay, we -would be glad to confer even greater benefits (_beneficia_) upon you, if -that were possible, because of the advantage and profit that you would -be able to confer upon the church of God and upon us. But the fact that -you have allowed this terrible deed, which is an offence against the -church and the empire, to go unpunished has made us fear that you have -been led by evil counsellors to imagine that you have some grievance -against your mother, the holy Roman church, and against us. In regard to -this matter and other important affairs, we have sent you these legates, -two of the best and dearest of those about us, namely, our beloved sons, -Bernard, cardinal priest of Santa Clara, and Roland, chancellor and -cardinal priest of San Marco, men conspicuous for their piety, wisdom, -and honesty. We beseech you to receive them honorably and kindly, to -treat them justly, and to give full credence to the proposals which they -make, as if we were speaking in person. - - - -101. Manifesto of the Emperor, October, 1157. - - -Ragewin, Gesta Friderici, III, ch. 11; M. G. SS. folio, xx; Doeberl, -IV, no. 35 b. - -God, from whom proceeds all authority in heaven and in earth, has -intrusted the kingdom and the empire to us, his anointed, and has -ordained that the peace of the church be preserved by the imperial arms. -Therefore it is with great sorrow that we are forced to complain to you -of the head of the church which Christ intended should reflect his -character of charity and love of peace. For the actions of the pope -threaten to produce such evils and dissensions as will corrupt the whole -church and destroy its unity, and bring about strife between the empire -and the papacy, unless God should intervene. These are the -circumstances: We held a diet at Besançon for the purpose of considering -certain matters which concerned the honor of the empire and the security -of the church. At that diet legates of the pope arrived, saying that -they came on a mission that would redound greatly to the honor and -advantage of the empire. We gave them an honorable reception on the -first day of their arrival, and on the second day, as is the custom, we -called together all the princes to listen to their message.... Then they -delivered their message in the form of a letter from the pope, of which -the general tenor was as follows: the pope had conferred the imperial -crown upon us and was willing to grant us even greater fiefs -(_beneficia_). This was the message of fraternal love which was to -further the union of the church and the empire, and bind them together -in the bonds of peace, and to inspire the hearts of its hearers with -love and fidelity for both rulers! Not only were we, as emperor, -incensed by this false and lying statement, but all the princes who were -present were so enraged that they would undoubtedly have condemned the -two priests to death off-hand had they not been restrained by our -presence. Moreover, we found in their possession many copies of that -letter, and blank forms sealed by the pope to be filled out at their -discretion, with which they were intending to spread this venom -throughout the churches of Germany, as is their custom from of old, and -to denude the altars, rob the houses of God, and despoil the crosses. -Therefore, in order to prevent their further progress, we compelled them -to return to Rome by the way they had come. We hold this kingdom and -empire through the election of the princes from God alone, who by the -passion of his Son placed this world under the rule of two swords; -moreover, the apostle Peter says: "Fear God, honor the king" [1 Pet. -2:17]. Therefore, whoever says that we hold the imperial crown as a -benefice from the pope resists the divine institution, contradicts the -teaching of Peter, and is a liar.... - - - -102. Letter of Adrian IV to the Emperor, February, 1158. - - -Ragewin, Gesta Friderici, III, chs. 22, 23; M. G. SS. folio, xx; -Doeberl, IV, no. 35 e. - -Ever since we were called by the will of God to the government of the -universal church, we have tried to honor you in every way, in order that -your love and reverence for the apostolic seat might daily increase. -Therefore we were greatly astonished to learn that you were incensed at -us and that you had treated with such scant respect the legates ... whom -we had sent to you for the purpose of learning your wishes. We are -informed that you were enraged because we used the word _beneficium_, at -which surely the mind of so great a person as yourself should not have -been disturbed. For although with some that word has come to have a -meaning different from its original sense, yet it ought to be taken in -the sense in which we have used it and which it has had from the -beginning. For _beneficium_ comes from _bonum_ and _factum_, and we used -it to mean not a _feudum_ (fief), but a "good deed," in which sense it -is used throughout the holy Scriptures; as when we are said to be guided -and nourished by the _beneficium_ of God, which means not the "fief," -but the kindness of God. You surely admit that in placing the imperial -crown upon your head we performed an act that would be regarded by all -men as a "good deed." Moreover, if you misunderstood the phrase "we -conferred the imperial crown upon you," and distorted it from its -ordinary meaning, it could only be because you wished to misunderstand -it or because you accepted the interpretation of persons who wished to -disturb the peace existing between the church and the empire. For we -meant by the words "we conferred" no more than "we placed," as we said -above. In ordering the recall of the ecclesiastics whom we sent to make -a visitation of the churches in Germany according to the right of the -Roman church, you must surely recognize that you acted unwisely, for if -you had any grievance you should have informed us, and we would have -undertaken to satisfy your honor. Now by the advice of our beloved son -Henry, duke of Bavaria and Saxony, we have sent you two legates, our -brothers Henry, cardinal priest of San Nereo and Sant Achilleo, and -Hyacinth, cardinal deacon of Santa Maria in Cosmedin, both wise and -honorable men, and we urge you to receive them honorably and kindly, and -to accept the message which they deliver as coming from the sincerity of -our heart; so agreeing with them through the mediation of our son the -duke, that no discord may remain between you and your holy mother, the -Roman church. - - - -103. Definition of Regalia or Crown Rights, Given at the Diet Held on -the Roncalian Plain, 1158. - - -M. G. LL. folio, II, pp. 111 f; Doeberl, IV, no. 37 a. - -The rights of the crown were called "regalia." When Frederick I went -into Italy (1158) he found that the royal rights had been usurped by the -cities and nobles. At the diet which he held on the Roncalian plain he -consulted lawyers who had been trained in the law of Justinian, and -asked them what the imperial rights in Italy were. Their decision, which -is here given, was largely influenced by their study of the Roman law. -The account which Ragewin (IV, 7) gives of this diet is as follows: -"Frederick then examined into the matter of the royal jurisdiction and -the regalia, which for a long time had been lost to the empire because -they had been usurped and the kings had neglected to recover them. The -bishops, the nobles, and the cities, since they could find no excuse for -retaining these rights, resigned them to the emperor. Milan was the -first to surrender them. When the emperor asked what these rights were, -the decision was given that they were the right to appoint dukes, -marquises, counts, and consuls [in the cities]; to coin money; to levy -tolls; to collect the _fodrum_ [a tax in provisions for the support of -the emperor and his army when passing through the territory]; to collect -customs and harbor dues; to furnish safe-conducts; to control mills, -fish-ponds, bridges, and all the water-ways, and to demand an annual tax -not only from the land, but also from each person." - -These are the regalian rights or rights of the crown: Arimanniæ,{72} -public roads, navigable rivers and those which unite to form navigable -rivers, harbors, and the banks of rivers; tolls, coinage, profits from -fines and penalties; ownerless and confiscated lands, and the property -of those who have contracted incestuous marriages or have been outlawed -for crimes mentioned in the Novellæ of Justinian; rights of conveyance -on direct routes and cross-roads{73} (angariæ and parangariæ), and the -prestation of ships;{74} the special taxes for the royal expedition; the -appointment of officials for the administration of justice; mines; royal -palaces in the customary cities; the profits of fisheries and -salt-works; the property of those who are guilty of offence against the -majesty of the emperor; half the treasure discovered in places belonging -to the emperor or dedicated to religious purposes, and all of it if the -finder was aided by the emperor. - - -{72} Arimanniæ: Taxes paid by those who held certain lands or estates -which had once been held by the _arimanni_, or free Lombards. - -{73} When the emperor travelled he had the right to demand conveyances -of various kinds from the people of the territory through which he was -passing. Angariæ were conveyances for the "direct roads"; parangariæ, -conveyances for the "cross-roads." By "direct roads" are meant the chief -roads; in Italy, those which led directly to Rome, and along which the -emperor must pass when going to Rome. The "cross-roads" were the less -important roads, which ran at right angles to the direct roads. - -{74} In the same way the emperor had the right to demand ships for the -transport of himself and his men. - - - -104. Grounds for the Quarrel between Adrian IV and Frederick I. Letter -of Eberhard, Bishop of Bamberg, to Eberhard, Archbishop of Salzburg, -1159. - - -Ragewin, Gesta Frid., IV, c. 34; M. G. SS. folio, XX; Doeberl, IV, no. -38. - -Although the stirrup episode and the Besançon episode were ended without -a rupture between Frederick and Adrian, the fundamental question between -them was not yet settled. Frederick continued to act in accordance with -his ideas of what his office demanded, thus giving deep offence to the -pope. The various matters in which the pope felt that Frederick had -offended are set forth in this letter. They involve the deeper question -of supremacy. The relations between the pope and emperor were becoming -more and more strained. Although Frederick had previously refused to -consider the propositions of the commune of Rome, he now received their -ambassadors courteously. The people of the city wished to obtain his -recognition of their government. Since the pope was obdurate Frederick -threatened to make common cause with the rebellious city, hoping, no -doubt, that Adrian would thereby be compelled to sue to him for terms. - -To his reverend father and lord, Eberhard, archbishop of Salzburg, -Eberhard, by the grace of God bishop of Bamberg. - -... That perilous time seems near at hand when strife shall arise -between the king and the pope. The cardinals Octavianus and William, -former archdeacon of Pavia, were sent by pope Adrian to the emperor with -a message which began with a conciliatory introduction but which -contained most vexatious matter. For instance, they said: the emperor -must not send ambassadors to the city of Rome without the consent of the -pope, as all the magisterial power in Rome and all the regalian rights -there belong to St. Peter; the _fodrum_ must not be collected from the -papal estates except at the time of the imperial coronation; Italian -bishops should take only the oath of fidelity to the emperor and not the -oath of homage [see no. 214]; bishops shall not be required to entertain -the ambassadors of the emperor in their palaces; the following -possessions, belonging of right to the Roman church, must be restored: -Tivoli, Ferrara, Massa, Fiscaglia, all the lands of the countess -Matilda, all the land from Aquapendente to Rome, the duchy of Spoleto, -and the islands of Sardinia and Corsica. The emperor was willing to do -justice in these matters if the pope would give him justice in return -[that is, the emperor was willing to submit each matter to trial and -abide by the decision, if the pope would do the same], but the cardinals -were only empowered to receive justice and not to give it, for they said -that they could not bind the pope. The emperor on his part then made the -following complaints: that the treaty of Constance had not been kept by -the pope in the matter of his promise not to make peace with the Greeks, -the Sicilians, or the Roman people without the consent of both parties -[see no. 97]; that cardinals were sent through Germany without the -emperor's consent, and that they entered the palaces of bishops who -possessed regalian rights from the emperor; that the pope heard unjust -appeals; and many similar matters. The emperor agreed that the pope -should be notified of these demands by the aforesaid cardinals, but the -pope refused to send other cardinals empowered to treat of these things, -as the emperor had requested. In the meantime ambassadors came from the -Roman people to make a treaty of peace with the emperor, and were -favorably received and dismissed with honor. The emperor is about to -send ambassadors both to the pope and to the city of Rome; if possible, -he will make a treaty of peace with the pope, but if this fails, he will -ally himself with the Romans.... - - - -105-107. The Disputed Papal Election of 1159. - - -105. Letter of Alexander III about his Election, 1159. - - -M. G. SS. folio, XVIII, pp, 28 f; Doeberl, IV, no. 39 a. - -When Adrian IV died, 1159, the quarrel between him and the emperor had -reached such a pitch of bitterness that he was about to excommunicate -Frederick. But there was a party in the college of cardinals which was -heartily supporting the emperor against the pope. The members of this -German party, as it was called, had opposed the treaty which Adrian had -made with William of Sicily (see no. 99) and had sympathized with -Frederick in the Besançon episode and in his later contentions with the -pope (see nos. 100-102). They believed that the pope was transcending -his powers, and usurping authority which belonged to the emperor alone. -But this German party, of which Octavian was the head, was hopelessly in -the minority. When the cardinals met to elect a successor to Adrian IV, -it was not able to secure the unanimous election of its candidate. Two -popes were elected, and a schism ensued which lasted for seventeen -years. Alexander III was very clever and succeeded in uniting all of -Frederick's enemies against him. Under the pope's leadership and by his -diplomacy, the Lombard league was formed. It completely defeated the -emperor at Legnano, 1176 (see nos. 108-109). We give first a letter of -Alexander III, which contains an account of his election. Then Victor's -letter follows (no. 106). And finally a brief account of the election by -Gerhoh of Reichersberg is given (no. 107). - -Alexander, bishop, servant of the servants of God, to his venerable -brothers, Syrus, archbishop of Genoa, and his suffragans, greeting and -apostolic benediction. - -The eternal and unchangeable will of the Creator provided that his holy -and immaculate church from its very foundation should be ruled by one -pastor and governor, to whom all prelates should be obedient. As members -are united to one head, so they should be joined to him in perfect unity -and never separate themselves from him. And Christ, who confirmed the -faith of his disciples by saying: "Lo, I am with you alway, even unto -the end of the world" [Matt. 28:20], will without doubt keep his promise -to his church which he put under the control of his apostle [Peter]. And -although his church, like the little boat of St. Peter, may sometimes be -tossed about by the waves, he will preserve it in safety. - -Three false brothers have gone out from us, but they were not of us, -and, transforming themselves into angels of light, although they are -servants of Satan, they are trying to rend and tear the church, the -seamless robe of Christ, which he, in the person of the Psalmist, prayed -might be delivered from the lion's mouth, and from the sword and from -the power of the dog [Ps. 22:20]. Nevertheless Christ, the founder and -head of the church, is carefully guarding her, his only spouse, and he -will not permit the little boat of St. Peter to suffer shipwreck, -although it may often be tossed about by the waves. - -Our predecessor, Adrian IV, of blessed memory, died September 1, while -we were at Anagni, and his body was brought to Rome and honorably buried -in the customary manner in St. Peter's Church, on September 4. Nearly -all the cardinals were present, and after the burial they began to take -steps to elect his successor. After three days of discussion all the -cardinals except three elected us, although we are not sufficient for -this burden and not worthy of so high an office. The three who opposed -our election were Octavian, John of St. Martin's, and Guido of Crema. -God is our witness that we are telling the exact truth when we say that -all the others unanimously elected us, and the other clergy and the -people of Rome assented to it. But two, John and Guido, voted for -Octavian and stubbornly insisted on his election. The prior of the -cardinal deacons was putting the papal mantle on us in the customary -manner, although we were reluctant to receive it because we saw our -insufficiency for the high office. When Octavian saw this he was almost -beside himself with rage, and with his own hands snatched the mantle -from our neck and took it away. This caused a great tumultuous outbreak. -Some of the senators were present and saw it, and one of them, inspired -by the spirit of God, snatched the mantle from the hands of Octavian, -who was now raging. Then Octavian, with angry face and fierce eye, -turned to one of his chaplains who had come prepared for this, upbraided -him, and ordered him hastily to fetch him the mantle which he had -brought with him. The mantle was brought without delay, and while all -the cardinals were trying to get out of the room, Octavian removed his -hat, bowed his head, and received the mantle from his chaplain and -another clergyman. And because there was no one else there, he had to -assist them himself to put it on him. But the condemnation of God was -seen in the fact that he put the mantle on with the wrong side in front. -Those who were present saw it and laughed. And as he was of a crooked -mind and intention, so the mantle was put on crooked as an evidence of -his condemnation. When this was done, the doors of the church, which had -been closed, were opened and bands of armed men with drawn swords -entered and made a great noise. But they had been hired by Octavian to -do this. And because that pestilential Octavian had no cardinals and -bishops he surrounded himself with a band of armed knights.... - - - -106. Letter of Victor IV to the German Princes, 1159. - - -Ragewin, Gesta Frid., IV, ch. 60; M. G. SS. folio, XX; Doeberl, IV, no. -39 b. - -See introductory note to no. 105. - -Victor, bishop, servant of the servants of God, to his venerable -brothers, the patriarchs, archbishops, bishops, and his dear sons, the -abbots, dukes, marquises, counts, and other princes, and the imperial -family who are connected with the most holy court of Frederick, the most -serene and unconquered emperor of the Romans, greeting and apostolic -benediction. - -We believe that you cannot have forgotten how sincerely we have loved -the empire and how we have labored in support of its honor and dignity. -And now that we have been elevated to a higher dignity we wish to do -even more for you and the empire. We therefore confidently beseech you, -for the reverence which you have for St. Peter and for your love to us, -to ask the emperor to take immediate steps to come to the aid and -protection of the empire, which God has committed to him, and of the -church of God, the bride of Christ, of which God has made him advocate -and defender. If he does not, there is danger that his malicious enemies -may prevail in this great struggle, and the little boat of St. Peter be -overwhelmed by winds and storms, and the imperial dignity be humiliated. - -We wish to inform you that under the Lord's guidance we have been -elected pope. After our predecessor, Adrian IV, of blessed memory, had -gone the way of all flesh and been buried in the church of St. Peter, we -all came together to elect his successor. After long discussion and -mature deliberation, God graciously inspired our brothers, the cardinal -bishops, priests, and deacons of the holy Roman church, and the other -clergy of Rome, to elect us. The people of Rome asked for our election -and the senators and other nobles assented to it. We were canonically -elected and then elevated to the throne of St. Peter. And on the first -Sunday in October we were consecrated and received the full power of our -office. - -We humbly beseech you to aid us with your prayers to Him from whom come -all power and dignities. Now the former chancellor, Roland, who was -bound by oath in a conspiracy against the church of God and the empire -in support of William of Sicily, had himself thrust into the papal -office twelve days after we were elected. Such a thing had never been -heard of before. If he should send you letters, you should refuse to -receive them, because they are full of lies and he is a schismatic and a -heretic. Pay no attention whatever to his letters. - - - -107. The Account of the Election as Given by Gerhoh of Reichersberg, -_ca_. 1160. - - -Doeberl, IV, no. 39 d. - -See introductory note to no. 105. - -When Adrian IV died, all the cardinal clergy of the holy Roman church -met to elect his successor. A secret ballot was taken and the result -announced. It was found that a majority of the cardinals had voted for -Roland, the chancellor of Adrian IV. A few had voted for Octavian, and -some also for _Magister_ Bernard. Since there could not be three popes, -the majority tried to persuade the minority to give up their candidates -and make the election of Roland unanimous. Those who had voted for -Bernard then deserted him and some of them joined the party of Roland. -The others said that they had no preference but would support either -Octavian or Roland, provided the election of either were unanimous, and -the church should not be divided on account of it. The number of -cardinals who supported Octavian, or were willing to support him if -elected, was seven. But a much larger number supported Roland. The -majority then tried hard to persuade these seven to unite in electing -Roland, and won over all but three of them. Two of these, John of Pisa, -and Guido of Crema, were very contentious and declared that they would -never desert Octavian. So they with the bishop of Tusculum made Octavian -pope. - - - -108. The Preliminary Treaty of Anagni between Alexander III and -Frederick I, 1176. - - -Kehr, Vertrag von Anagni. in Neues Archiv, XIII, pp. 109 ff; Doeberl, -IV no. 46 a. - -The quarrel between the pope and emperor increased in bitterness. At the -same time the Italian cities rebelled against Frederick and joined the -pope. The Lombard league was formed and at Legnano, 1176, the emperor -was utterly defeated. He then sent ambassadors to the pope at Anagni to -discuss the terms of a treaty of peace. They agreed on the following -articles which were afterward incorporated in the peace of Venice, 1177. -The final treaty was made in 1183 and is called the treaty of Constance -(see no. 109). - -1. The emperor and the empress, and their son, king Henry, and all the -princes promise to accept pope Alexander III as the catholic and -universal pope, and to show him such reverence as their predecessors -were wont to show to his predecessors. - -2. The emperor promises to keep peace faithfully with pope Alexander and -his successors and with the whole Roman church. - -3. All the regalia and other possessions of St. Peter as held by the -Roman church in the time of pope Innocent II, which have been seized by -the emperor or his allies, shall be restored to pope Alexander and to -the Roman church, and the emperor engages to aid the church in retaining -possession of them. - -4. The emperor restores to the pope and to the Roman church the control -of the office of prefect of the city of Rome; the pope shall see to it -that justice shall be done the emperor when he has occasion to seek his -rights in the city. - -5. All vassals of the church won over by the emperor to his side during -the late quarrel, shall be released from their allegiance to him and -restored to the pope and to the Roman church. - -6. The emperor will restore to the pope and to the church the lands of -the countess Matilda as they were held by the church in the time of the -emperor Lothar and king Conrad and the present emperor Frederick. - -7. The pope and the emperor will mutually aid one another in maintaining -the honor and the rights of the empire and the church. - -8. Everything unjustly taken from the churches by the emperor or his -followers during the schism shall be restored to them. - -9. The emperor will make peace with the Lombards on the terms to be -agreed upon by representatives appointed for this purpose by the emperor -and the pope and the Lombards. In case any difficulty arises in the -course of these negotiations which the representatives cannot settle, it -shall be decided by the majority of the special commissioners to be -appointed for this purpose by the emperor and the pope in equal numbers. - -10. The emperor will make peace with the king of Sicily and with the -emperor of Constantinople and with all the allies of the pope, and he -will not take revenge for any wrongs which they may have committed in -assisting the Roman church. - -11-22. Articles referring to individuals and lesser details. - -23. Pope Alexander and the cardinals on their part make peace with the -emperor and the empress and their son, king Henry, and all their party. -This, however, shall not prejudice those rights of controlling and -judging ecclesiastical persons which are herein surrendered to the pope -and to the Roman church, nor the rights of the Roman church over the -lands of St. Peter now withheld by other persons, nor the special -exceptions made in this document in favor of the pope and the Roman -church, on one side, and the emperor and the empire, on the other. - -24. The pope and the cardinals will take their oath to keep this peace, -the oath to be drawn up in writing and signed by the cardinals. - -25. The pope shall immediately call together as large a council as -possible, and with the cardinal bishops and other clergy who may be -present, shall excommunicate all who break this peace. Afterward he -shall do the same in a general council. - -26. Many of the nobles of Rome and the great vassals of Campania shall -also take oath to keep this peace. - -27. The emperor and the princes of the empire will also take their oaths -to keep this peace, the oath to be drawn up in writing and signed by the -emperor and the princes. - -28. If the pope should die first, the emperor and his son, king Henry, -and the princes shall observe these terms of peace with his successors -and all the cardinals and the whole Roman church, and with the Lombards -and the king of Sicily and all the allies of the church. If the emperor -should die first, the pope and the cardinals and the Roman church shall -observe these terms with the empress Beatrice, and her son, king Henry, -and with all the German people and their allies, as written above. - -29. In the meantime the emperor shall not attack the land of St. Peter, -whether held by the pope in person or by the king of Sicily or other -vassals of the pope. - -30. If the negotiations for peace are broken off by either side before -they are completed, which God forbid, truce shall be kept for three -months after the notification of withdrawal. - - - -109. The Peace of Constance, January 25, 1183. - - -Muratori, IV, pp. 307 ff; M. G. LL. folio, II, pp. 175 ff; Doeberl, IV, -no. 51 c. - -See introductory note to no. 108. - -In the name of the holy and undivided Trinity. Frederick, by divine -mercy emperor of the Romans, Augustus, and Henry VI, his son, king of -the Romans, Augustus.... - -1. We, Frederick, emperor of the Romans, and our son Henry, king of the -Romans, hereby grant to you, the cities, territories, and persons of the -league, the regalia and other rights within and without the cities, as -you have been accustomed to hold them; that is each member of the league -shall have the same rights as the city of Verona has had in the past or -has now. - -2. The members of the league shall exercise freely and without -interference from us all the rights which they have exercised of old. - -3. These are the rights which are guaranteed to you: the _fodrum_, -forests, pastures, bridges, streams, mills, fortifications of the -cities, criminal and civil jurisdiction, and all other rights which -concern the welfare of the city. - -4. The regalia which are not to be granted to the members of the league -shall be determined in the following manner: in the case of each city, -certain men shall be chosen for this purpose from both the bishopric and -the city; these men shall be of good repute, capable of deciding these -questions, and such as are not prejudiced against either party. Acting -with the bishop of the diocese, they shall swear to inquire into the -questions of the regalia and to set aside those that by right belong to -us. If, however, the cities do not wish to submit to this inquisition, -they shall pay to us an annual tribute of 2000 marks in silver as -compensation for our regalia. If this sum seems excessive, it may be -reduced. - -5. If anyone appeals to us in regard to matters which are by this treaty -admitted to be under your jurisdiction, we agree not to hear such an -appeal. - -6. The bishops, churches, cities, and other persons, clerical and lay, -shall retain possession of the property or rights which have been -granted to them before this war by us or by our predecessors, the above -concessions excepted. The accustomed dues for such holdings shall be -paid to us, but not the tax. - -7. Such possessions as we have granted to members of the league, inside -or outside of cities, shall not be included among those regalia for -which taxes are to be paid to us. - -8. All privileges, gifts, and concessions made in the time of the war by -us or our representatives to the prejudice or injury of the cities, -territories, or members of the league are to be null and void. - -9. Consuls of cities where the bishop holds the position of count from -the king or emperor shall receive their office from the bishop, if this -has been the custom before. In all other cities the consuls shall -receive their office from us, in the following manner: after they have -been elected by the city they shall be invested with office by our -representative in the city or bishopric, unless we are ourselves in -Lombardy, in which case they shall be invested by us. At the end of -every five years each city shall send its representative to us to -receive the investiture. - -10. This arrangement shall be observed by our successor, and all such -investitures shall be free. - -11. After our death, the cities shall receive investiture in the same -way from our son and from his successors. - -12. The emperor shall have the right of hearing appeals in cases -involving more than 25 pounds, saving the right of the church of Brescia -to hear appeals. The appellant shall not, however, be compelled to come -to Germany, but he shall appeal to the representative of the emperor in -the city or bishopric. This representative shall examine the case fairly -and shall give judgment according to the laws and customs of that city. -The decision shall be given within two months from the time of appeal, -unless the case has been deferred by reason of some legal hindrance or -by the consent of both parties. - -13. The consuls of cities shall take the oath of allegiance to the -emperor before they are invested with office. - -14. Our vassals shall receive investiture from us and shall take the -vassal's oath of fidelity. All other persons between the ages of 15 and -70 shall take the ordinary oath of fidelity to the emperor unless there -be some good reason why this oath should be remitted. - -15. Vassals who have failed to receive investiture from us or to render -the services due for their fiefs, during the war or the truce, shall not -on this account lose their fiefs. - -16. Lands held by _libelli_ and _precariæ_ shall be held according to -the customs of each city, the feudal law of Frederick I to the contrary -notwithstanding. - -17. All injuries, losses, and damages which we or our followers have -sustained from the league or any of its members or allies are hereby -pardoned, and all such transgressors are hereby received back into our -favor. - -18. We will not remain longer than is necessary in any city or -bishopric. - -19. It shall be permitted to the cities to erect fortifications within -or without their boundaries. - -20. It shall be permitted to the league to maintain its organization as -it now is or to renew it as often as it desires. - - - -110. The Formation of the Duchy of Austria, 1156. - - -Wattenbach, Die ost. Freiheitsbriefe; Doeberl, IV, no. 31 a. - -The nobles of Germany early showed the desire to free themselves from -the control of the emperor and to acquire independence at the expense of -the crown. The document by which Frederick I created the duchy of -Austria out of the Bavarian east mark and gave it to his uncle, Henry, -contains some concessions which tended to weaken the crown. Instead of -binding the new duke closely to the crown and compelling him to render -services commensurate with his high position, the emperor excused him -from attending diets which were not held near his lands, and from -military service except in the lands which adjoined his. He also gave -the duke the complete administration of justice in his territory. Other -princes were not slow to demand similar privileges, and the crown was -gradually stripped of its powers and prerogatives. See nos. 136, 139, -153, 160. The duchy of Austria, created by this grant, came into the -possession of the Hapsburg family, and formed the centre of the Hapsburg -lands, the present Austro-Hungarian empire. See no. 150. - -In the name of the holy and undivided Trinity. Frederick, by divine -mercy emperor of the Romans, Augustus. ... Know all our faithful -subjects, present and future, that with the aid of him who sent peace on -earth, we have been able to settle the long quarrel between our beloved -uncle Henry, duke of Austria, and our beloved nephew, Henry, duke of -Saxony, over the possession of the duchy of Bavaria. This was -accomplished at the diet of Regensburg on the day of the Nativity of the -blessed Virgin Mary in the presence of many pious catholic princes. This -is the way in which the settlement was reached: The duke of Austria -resigned the duchy of Bavaria into our hands, and we immediately granted -it in fief to the duke of Saxony. Then the duke of Bavaria [Henry of -Saxony] surrendered to us the mark of Austria with all its rights and -all the fiefs which the former margrave Luitpold held of the duchy of -Bavaria, and we have made the mark of Austria a duchy with the consent -of the princes, Wadislaus, duke of Bohemia, putting the motion and the -other princes agreeing to it. This was done in order that our beloved -uncle should not lose in rank by the transfer. We have now granted the -duchy of Austria in fief to our uncle Henry and to his wife Theodora, -decreeing by this perpetual edict that (1) they and their children after -them, whether sons or daughters, shall hold and possess it by hereditary -right. If our uncle and his wife should die without children, they may -leave the duchy by will to whomsoever they desire. (2) We decree also -that no person, great or small, shall presume to exercise any of the -rights of justice within the duchy, without the consent and permission -of the duke. (3) The duke of Austria does not owe any services to the -empire, except to attend, when summoned, such diets as may be held in -Bavaria. (4) He is not bound to join the emperor on any campaign except -such as may be directed against parts of the kingdom neighboring to -Austria. - - - -111. The Bishop of Würzburg is made a Duke, 1168. - - -Bresslau, Diplomata Centum, no. 72; Doeberl, IV, no. 44. - -The old duchy of Franconia disappeared with Conrad II (1024-39). The -Staufer, who inherited the family lands of Conrad II, called themselves -dukes of Rothenburg, and not of Franconia. A large part of the original -duchy went to make up the bishoprics of Mainz, Bamberg, and Würzburg. In -time the bishops of Würzburg put forth the claim that they had received -the ducal office in Franconia. In a diet at Würzburg, 1168, Herold, the -ambitious bishop of Würzburg, presented some forged documents to -Frederick I to prove that the bishops of Würzburg were also dukes and -had ducal authority in the duchy of Würzburg, which was identical with -the bishopric. Frederick was deceived by these forgeries and confirmed -the bishop in his usurped title and authority. The bishops of Würzburg -now received the highest jurisdiction over their territory. - -In the name of the holy and undivided Trinity. Frederick, by the mercy -of God emperor of the Romans, Augustus.... Be it known to all the -faithful subjects of God and of our empire, both present and future, -that we held a diet at Würzburg recently, where with the aid of God we -were able to reconcile the differences which had arisen among the -princes of Saxony. At that diet also Herold, venerable bishop of -Würzburg, attended by his whole chapter and by a large following of -freemen and ministerials, besought us to confirm by our imperial -authority the jurisdiction over the church and duchy of Würzburg, which -has belonged to his predecessors since the time of Karl the Great. We -always delight to grant the reasonable requests of suppliants, and we -have no wish to disturb the arrangements made by former emperors, unless -there is some need of correction. In this case it is apparent that the -settlement made by the former emperors is just, and that the lands have -been held unquestioned for a long time by the church and the duchy of -Würzburg. Therefore, influenced by the fidelity and devotion of the -bishop and by the intercessions of the chapter of his church, whose -devotion to him has touched our heart, we give and grant to the -venerable bishop Herold and to his successors forever the jurisdiction -and right of administering justice in the whole bishopric and duchy and -all its counties; that is, the right to punish cases of rapine and -incendiarism, to exercise authority over freeholds, fiefs, and vassals, -and to inflict capital punishment. By our imperial authority expressed -in this perpetual decree, we forbid any person, ecclesiastical or -secular, to exercise any jurisdiction in these matters within the -bishopric and duchy of Würzburg and its counties; except that the counts -should have jurisdiction within their counties over those freemen who -are known as _bargaldi_. If anyone acts contrary to this he is guilty of -violating the decrees of former emperors, the rights of the church of -Würzburg, and this our decree. We also forbid anyone to create -hundred-courts or appoint _centgrafs_ (hundred-courts) within this -bishopric and duchy and its counties, except by the grant of the -bishop-duke of Würzburg. Further, we have destroyed the castle of -Bamberg, which has been the cause of so much trouble to the church and -the whole province, and have given the hill upon which it stood to the -church of Würzburg, forbidding the erection of a castle or fortification -again upon it. We have destroyed also the castle of Frankenberg, which -menaced the neighboring monastery of Amerbach and imperilled the peace -of the church of Würzburg, and have given it under similar conditions to -that church. - - - -112. Decree of Gelnhausen, 1180. - - -Heinemann, Cod. Anhalt., no. 1 c; Doeberl, IV. no. 5O. - -As early as 953 Bruno, archbishop of Cologne, received the ducal -authority over Lothringen. This gave him the power to hold local diets -and to summon both the bishops and secular nobles to attend them. The -Gelnhausen decree, so named because it was published in a diet held at -Gelnhausen, is important because it contains an official account (1) of -the trial of Henry the Lion, and (2) of the partition of the duchy of -Saxony. The archbishop of Cologne now receives the ducal authority over -a part of the duchy of Saxony. There is here a good illustration of the -policy which Frederick I followed of weakening the great duchies by -dividing them. - -In the name of the holy and undivided Trinity. Frederick, by divine -mercy emperor of the Romans, Augustus.... - -Know all faithful subjects of the empire, both present and future, that -Henry, former duke of Bavaria and Westphalia, has oppressed the churches -of God and the nobles of the empire by seizing their lands and violating -their rights, has refused to obey our summons to present himself before -us and has therefore incurred the ban, and even after that has continued -to injure the churches and nobles. Now therefore on account of the -injuries which he has inflicted upon these persons, and on account of -the contempt which he has so often shown to us, and especially on -account of his violation of feudal law, in that he refused to obey the -three summonses to present himself before us, he has been judged -contumacious and by the unanimous sentence of the princes in the diet -held at Würzburg has been deprived of the duchies of Bavaria, -Westphalia, and Engria [that is, Bavaria and Saxony] and of all the -fiefs which he held of the empire, and these territories have been -restored to our control. - -Now by the advice of the princes we have divided the duchy of Westphalia -and Engria [Saxony] into two parts and have conferred that part which is -included in the dioceses of Cologne and Paderborn upon our beloved -prince, Philip, archbishop of Cologne, because of his conspicuous -merits, and of his labors and expenditures for the crown. We have given -and granted this territory to the church of Cologne with the counties, -advocates, rights of safe-conduct, domains, farms, fiefs, ministerials, -serfs, and all other things which belong to that duchy; and we have -solemnly invested the aforesaid Philip by the banner [flag] of the -empire with that portion of the duchy which is given to his church. This -was done by the decision of all the princes of the diet, and with the -public consent of our relative, duke Bernard, to whom we have given the -other part of the duchy of Westphalia and Engria.... - - - -113. Papal Election Decree of Alexander III, 1179. - - -Watterich, Pont. Rom. Vitæ, II, pp. 644 f; Doeberl, IV, no. 49. - -Disputed elections might easily take place, because there was no clear -law governing them. It was not the majority of the cardinals who could -elect, but those of the "better and wiser counsel." No matter how small -the number of cardinals who might vote for a particular candidate, he -could easily claim to be elected because he could say that his -supporters were of the "better and wiser counsel." To prevent such -occurrences, Alexander III decreed that the votes of two-thirds of the -cardinals were necessary to elect. - -Concerning the election of the pope. Although our predecessors have -issued decrees intended to prevent disputed elections in the papacy, -nevertheless, the unity of the church has frequently been imperilled by -the wicked ambition of men. We have decided with the advice of our -brothers and the approval of the council that something further must be -done to prevent this evil. Therefore we have decreed that when the -cardinals cannot come to a unanimous vote on any candidate, that person -shall be regarded as pope who receives two-thirds of the votes, even if -the other one-third refuse to accept him and elect a pope of their own. -If anyone who has been elected by only a third of the cardinals shall -presume to act as pope he and his followers shall be excommunicated and -deprived of all ecclesiastical rank; they shall not be allowed to take -communion, unless it be extreme unction, and unless they repent they -shall have their part with Dathan and Abiram [Num. 16], whom the earth -swallowed alive. No one who has been elected by less than two-thirds, -shall presume to act as pope, and if he does he shall suffer the same -penalty. This decree shall not be to the prejudice of the canon law or -of the practice in other churches where the voice of the majority is -declared to be decisive in elections, because any dispute arising in -these churches can be settled by appeal to higher authority. The Roman -church requires a special law, because there is in her case no higher -authority to appeal to. - - - -114-115. Supremacy of the Papal Power. - - -114. Innocent III to Acerbius, 1198. - - -Migne, 214, col. 377. - -Innocent III here gives an interesting statement of the theory of papal -supremacy and of the relations existing between papacy and empire. - -Innocent III to Acerbius, prior, and to the other clergy in Tuscany. As -God, the creator of the universe, set two great lights in the firmament -of heaven, the greater light to rule the day, and the lesser light to -rule the night [Gen. 1:15,16], so He set two great dignities in the -firmament of the universal church, ... the greater to rule the day, that -is, souls, and the lesser to rule the night, that is, bodies. These -dignities are the papal authority and the royal power. And just as the -moon gets her light from the sun, and is inferior to the sun in quality, -quantity, position, and effect, so the royal power gets the splendor of -its dignity from the papal authority.... - - - -115. The Use of the Pallium. Innocent III to the Archbishop of Trnova -(in Bulgaria), 1201. - - -Migne, 215, col. 294. - -To the honor of omnipotent God, and of the Blessed Virgin Mary, and of -the blessed apostles, Peter and Paul, and of pope Innocent and of the -Roman church, as well as of the church committed to you, we give you the -pallium. It was first placed on the tomb of St. Peter, from which place -we have taken it to send it to you. It is the symbol of the full power -of the bishop's office. You shall wear the pallium only when you -celebrate mass in the churches of your own diocese on the following -days: Christmas, St. Stephen's, Circumcision, Epiphany, Purification of -the Virgin Mary, Palm Sunday, Thursday and Saturday of Passion week, -Easter Sunday, Monday after Easter, Ascension of our Lord, Pentecost, -the three feasts of St. Mary, the birthday of John the Baptist, the -feast days of all the apostles, All Saints' day, and when a church is to -be dedicated, or bishop consecrated, or clergy ordained, on the -principal feast days of your own church, and on the anniversary of your -consecration. - -The bishop of Rome alone always wears the pallium when celebrating mass -because he has the plentitude (fullness) of ecclesiastical power, which -is symbolized by the pallium. Others wear it only on certain days, and -in that diocese over which they have received ecclesiastical authority, -because they are called to have authority over only a part of the -church, and not over all of it [as the pope is]. - - - -116-118. The Punishment of Heretics. - - -116. Innocent III to the Archbishop of Auch in Gascony, 1198. - - -Migne, 214, col. 71. - -Many heresies were appearing in various parts of Europe, and Innocent -III made special efforts to suppress them. The three following documents -illustrate the means by which he hoped to destroy them. These letters -are directed to Spain and to Gascony, where the Albigensian heresy was -flourishing. - -The little boat of St. Peter is beaten by many storms and tossed about -upon the sea, but it grieves us most of all that, against the orthodox -faith, there are now arising more unrestrainedly and with more injurious -results than ever before, ministers of diabolical error who are -ensnaring the souls of the simple and ruining them. With their -superstitions and false inventions they are perverting the meaning of -the Holy Scriptures and trying to destroy the unity of the catholic -church. Since we have learned from you and others that this pestilential -error is growing in Gascony and in the neighboring territories, we wish -you and your fellow bishops to resist it with all your might, because it -is to be feared that it will spread and that by its contagion the minds -of the faithful will be corrupted. And therefore by this present -apostolical writing we give you a strict command that, by whatever means -you can, you destroy all these heresies and expel from your diocese all -who are polluted with them. You shall exercise the rigor of the -ecclesiastical power against them and all those who have made themselves -suspected by associating with them. They may not appeal from your -judgments, and if necessary, you may cause the princes and people to -suppress them with the sword. - - - -117. Innocent III Commands all in Authority to aid his Legates in -Destroying Heresy, 1198. - - -Migne, 214, col. 142. - -See introductory note to no. 116. - -In order to catch the little foxes which are destroying the vineyard of -the Lord [Song of Sol. 2:15], and to separate heretics from the society -of the faithful, we have sent to you our beloved son and brother, -Rainerius, who, by the divine aid, is powerful in both word and deed, -and with him our beloved son and brother, Guido, who fears God and is -devoted to works of love. We ask, warn, exhort, and for the forgiveness -of your sins command you to receive them kindly and render them -assistance against the heretics by giving them advice and aid. We have -ordered Rainerius to go on into Spain on certain important -ecclesiastical matters, and so we order all archbishops and bishops to -use, at the command of Guido, the spiritual sword against all heretics -whom he shall name to you. And we order the laymen to confiscate their -goods and drive them out of your territories, and thus separate the -chaff from the wheat. Moreover to all who faithfully and devoutly aid -the church in preserving the faith in this time of great danger which is -threatening her, we grant the same indulgence of sins as to those who -make a pilgrimage to the churches of St. Peter or of St. James. - - - -118. Confiscation of the Property of Heretics. Innocent III to the King -of Aragon, 1206. - - -Migne, 215, col. 915 f. - -See introductory note to no. 116. - -Since according to the gospel, the "laborer is worthy of his hire" [Luke -10:7], and in another place it is said, "Thou shalt not muzzle the mouth -of the ox that treadeth out the corn" [1 Cor. 9:1], it is certainly even -more fitting that a proper reward should be given those who, zealous for -the divine law, labor to destroy the little foxes which are ruining the -vineyard of the Lord [Song of Sol. 2:15]; we mean those who are -endeavoring to pervert the Christian faith. Their reward should be all -the greater, because if these foxes are killed the vineyard will be able -to bear much greater fruit in works of piety. Led by such -considerations, we concede to you, by this present writing, the right to -reserve for your own use all the movable as well as immovable goods of -heretics and of their supporters, of which you are able to get -possession. - - - -119. Innocent III Commands the French Bishops to Punish Usury, 1198. - - -Migne, 214, col. 376. - -The code of Justinian permitted the taking of interest, but the Biblical -view of the matter prevailed and in the Middle Age to accept interest in -any form on loans was usury. The church often renewed her prohibitions -of the custom, but was unable to abolish it. Finally in the sixteenth -century the distinction was made between a reasonable and just rate of -interest, which was permissible, and an excessive rate, which was -declared to be usury, and therefore prohibited. - -We believe that you know how pernicious the vice of usury is, since, in -addition to the ecclesiastical laws which have been issued against it, -the prophet says that those who put their money out at interest are to -be excluded from the tabernacle of the Lord [Ps. 15:5]. And the New -Testament, as well as the Old, forbids the taking of interest, since the -Truth [Christ] himself says: "Lend, hoping for nothing again" [Luke -6:35]. And the prophet says: "Thou shalt not receive usury or increase" -[Ezek. 18:17]. We command you all by this apostolical writing not to -permit those who are known as usurers to clear themselves by any -subterfuge or trick when they are charged with the crime. - - - -120. Innocent III Forbids Violence to the Jews, 1199. - - -Migne, 214, col. 864. - -During the Middle Age the Jew received no protection from the law. It -took no account of him. He was compelled to pay for the permission to -live in a Christian state or in a Christian town. Such a permission was -often revoked at the will of the government (emperor, duke, bishop, city -council, etc.), and the Jews were then plundered by the government or -the mob, and made to pay well to have the permission renewed. Although -the government often robbed them, they had more to fear from the -fanaticism and covetousness of the mob, against which the government was -generally helpless to protect them. The more enlightened of the clergy -tried to shield them, but generally without success. This document gives -an idea of the ways in which they were commonly molested, as well as of -the enlightened humanity of Innocent III. See also nos. 299, 300. - -... We decree that no Christian shall use violence to compel the Jews to -accept baptism. But if a Jew, of his own accord, because of a change in -his faith, shall have taken refuge with Christians, after his wish has -been made known, he may be made a Christian without any opposition. For -anyone who has not of his own will sought Christian baptism cannot have -the true Christian faith. No Christian shall do the Jews any personal -injury, except in executing the judgments of a judge, or deprive them of -their possessions, or change the rights and privileges which they have -been accustomed to have. During the celebration of their festivals, no -one shall disturb them by beating them with clubs or by throwing stones -at them. No one shall compel them to render any services except those -which they have been accustomed to render. And to prevent the baseness -and avarice of wicked men we forbid anyone to deface or damage their -cemeteries or to extort money from them by threatening to exhume the -bodies of their dead.... - - - -121. Innocent III to the Archbishop of Rouen, 1198. - - -Migne, 214, col. 93. - -It was not uncommon for clergymen to hold livings or benefices (receive -an income) from different churches at the same time. In such cases, they -of course found it impossible to live in all the parishes from which -they received money or support. And some clergymen, although supported -by some church, cared little for their clerical duties and evaded them -by living in some other parish. This letter to the archbishop of Rouen -represents a part of the reforming work of Innocent III. He endeavored -to correct these abuses, as is apparent from this letter. - -Since it is written that whoever does not work shall not eat [2 Thess. -3:10], we believe it wrong that clergymen do not serve those churches -from which they have their livings. You have informed us that certain -canons of the church of Rouen receive incomes and livings from the -church, but do not live there, as they should, and that the church of -Rouen is thereby unjustly deprived of the services of the clergy whom -she supports. Therefore we grant your petition, venerable brother in -Christ, and by our apostolic authority give you full power to use -ecclesiastical discipline to compel them to live in their churches, as -the law and custom of the church require..... - - - -122. Innocent III to a Bishop, Forbidding Laymen to Demand Tithes of the -Clergy, 1198. - - -Migne, 214, col. 433 f. - -This letter does not differ materially from the bull "Clericis laicos," -no. 162. See the introductory note to it. - -Since it is improper and contrary to reason that laymen, who are bound -to pay tithes to the clergy, should presume to extort tithes from them, -to the utter confusion of the established order of things, we grant your -petition, and give all the monasteries, churches, and clergy of your -diocese the permission to refuse to pay any tithes which may be demanded -of them by laymen, no matter under what pretext such a demand may be -made. And if laymen, contrary to this writing, shall attempt to collect -such tithes by violence, you shall put them under ecclesiastical -interdict and deprive them of the right to appeal. - - - -123-125. The Secular Power of Innocent III. - - -123. The Prefect of Rome Takes the Oath of Fidelity to the Pope, 1198. - - -Migne, 214, cols. 18 and 529. - -Innocent III attempted to build up a system of papal government in all -the lands which he claimed. This document shows how his authority in -Rome was recognized. No. 124 is an illustration of the oath which he -required of the local princes in Italy who held lands from him. No. 125 -is offered as an evidence of his government in Sicily. - -The next day after the coronation of Innocent III, Peter, prefect of the -city of Rome, in the consistory of the Lateran palace, publicly took the -oath of fidelity to Innocent and his successors, against all men, and -received from the pope a robe as the symbol of his investiture, with the -prefecture. And then he did Innocent liege homage and the pope gave him -a silver cup as the sign of his favor. - -The oath. In the name of Christ. I, Peter, prefect of the city, swear -that the land which the pope has given me to govern, I will govern to -the honor and profit of the church. I will neither sell, nor hire out, -nor enfeoff, nor pawn, nor alienate in any other way, any part of it. I -will carefully find out and maintain all the rights of the Roman church, -and I will endeavor to recover those rights which she has lost; and when -I have recovered them, I will preserve and defend them as long as I -shall hold this office. I will guard the roads and administer justice. I -will give diligent zeal and attention to the guarding of the defences in -order that they may be guarded well and to the honor of the church and -in accordance with her wishes. I will neither change nor cause to be -changed those who have charge of the fortresses, nor will I introduce, -or cause to be introduced, others into the fortresses, contrary to the -command of the pope. The faithful subjects and vassals of the pope, who -live on the patrimony of the church, I will not permit to take the oath -of fidelity and homage to me without the special command of the pope. -Nor shall any of them be required to be faithful to me except during my -governorship. In the territory committed to me I will not cause any -strongholds to be built without the command of the pope. I will give a -faithful account of my governorship whenever the pope may demand it. And -I will freely resign my office whenever the pope or the holy Roman -church may command me to do so. All these things I swear that I will -faithfully observe without fraud, to the best of my ability, the command -of the pope being supreme in all things. So help me God and these holy -gospels of God. - - - -124. John of Ceccano's Oath of Fidelity to Innocent III, 1201. - - -Migne, 217, col. 286. - -See introductory note to no. 123. - -In the fourth year of the pontificate of Innocent III, in the papal -palace at Anagni, a nobleman, John of Ceccano, took an oath of fidelity -to pope Innocent for Ceccano and for all the land which he holds. The -oath was taken in the presence of cardinal bishops, priests, and -deacons; there were present also many other clergy and nobles of Anagni -and of other places, as well as the knights of John of Ceccano. And he -admitted that he held Ceccano and all the rest of his land from the -Roman church. And this was his oath: - -I, John of Ceccano, swear that from this hour on I will be faithful to -St. Peter, the Roman church, and my lord pope Innocent and his -successors. I will have no share in any counsel or deed, either by word -or act, to deprive them of life or limb or to capture them by fraud. Any -plan which they may reveal to me either in person or by messenger or by -letter I will not wittingly make known to their hurt. If I learn of an -impending injury to them I will prevent it if possible; if I cannot -prevent it I will inform them of it either in person or by letter or by -messenger, or I will tell it to some person who, I believe, will tell -them of it. I will aid them in defending Ceccano and all the land which -I hold, and the other regalia of St. Peter which they hold. If they have -lost any regalia, I will aid them in recovering, keeping, and defending -it against all men. These things I will keep in good faith, without -fraud or deceit. So help me God and these holy gospels. - -After these things he put his hands into the hands of the pope and did -him liege homage. And the pope graciously gave him a silver cup overlaid -with gold. And afterward, in the same year, the same pope, because of -his faithfulness and services of John of Ceccano and his ancestors, gave -him the castle of Sitense as a fief. - - - -125. Innocent III Commands the Archbishop of Messina to Receive the -Oaths of Bailiffs in Sicily, 1203. - - -Migne, 215, col. 55. - -See introductory note to no. 123. This document is an evidence that the -government of Sicily was administered by the pope. According to the -Constitutions of Sicily, 1231, the bailiffs had jurisdiction over -thefts, the use of false weights and measures, and the less important -civil cases. - -Knowing your orthodoxy and your faithfulness we do not hesitate to -commit to your charge those things which will advance the honor of -the apostolic see. Accordingly, by this apostolic writing, we command -you to demand and receive, in our name, the bailiff's oath from all -counts, barons, citizens, and others who have not yet taken it. - - - -126. Innocent III Commands the English Barons to pay their Accustomed -Scutage to King John, 1206. - - -Migne, 217, col. 248. - -Innocent III presumed to dictate to the whole Christian world in all -matters, temporal as well as spiritual. The following documents, nos. -126-129, are offered merely to illustrate by a few specific cases the -authority which he assumed. They explain themselves. - -Innocent .... to his beloved sons, the great nobles, barons, and knights -in England, greeting and apostolic benediction. Our most dear son, John, -the illustrious king of England, has informed us that, although your -ancestors were accustomed from ancient times to pay the king scutage for -the baronies which they held from him, and although you yourselves have -paid this scutage up to very recent times, you have now arbitrarily -refused to pay scutage for the army which he led last year into Poitou. -In order that your king's plans may not be interfered with by such -action, we earnestly admonish and exhort you, and by this letter we -command you to pay promptly and without further resistance or objection -the said scutage in accordance with your obligation. For without -judicial procedure he cannot be despoiled of this scutage because his -ancestors and he have been accustomed to receive it, and besides, -provided his right to it is admitted, he is ready to hear any just -complaints that may be made to him about it. - - - -127. Innocent III to Peter of Aragon, 1211. - - -Migne, 216, col. 404 f. - -See introductory note to no. 126. - -Since you say that while you were still a minor you did yourself great -damage by making grants which now involve a large part of your income, -and that, although you are very poor, you incur heavy expenses in -fighting the enemies of Christianity [that is, the Mohammedans in -Spain], I hereby give you the authority to revoke all the grants you -made during your minority; but with this proviso, that if you wish to -revoke any grants which you made to churches or to other places which -are put to a religious use, such revocations shall be passed on by an -ecclesiastical judge. - - - -128. Innocent III Grants the Title of King to the Duke of Bohemia, 1204. - - -Migne, 215, col. 333 f. - -See introductory note to no. 126 and to no. 56. - -Although there have been many in Bohemia who have worn a royal crown, -yet they never received the papal permission to call themselves king in -their documents. Nor have we hitherto been willing to call you king, -because you were crowned king by Philip, duke of Suabia, who himself had -not been legally crowned, and therefore could not legally crown either -you or anyone else. But since you have obeyed us, and, deserting the -duke of Suabia, have gone over to the illustrious king, Otto, emperor -elect, and he regards you as king, we, at his request and out of -consideration of your obedience, are willing hereafter to call you king. -Now that you know why this favor has been granted you, strive to shun -the vice of ingratitude. And show that you have deserved our favor which -we have so graciously shown you, and try also to retain it. See to it -that you are solemnly crowned by Otto as soon as possible. - - - -129. Innocent III Rebukes the English Barons for Resisting King John of -England, 1216. - - -Migne, 217, col. 245 f. - -See introductory note to no. 126. - -Innocent, etc., to his beloved sons, the magnates and barons of England, -greeting and apostolic benediction. - -We are gravely troubled to learn that a quarrel has arisen between our -most beloved son, John, king of England, and some of you, about certain -questions that have recently been raised. Unless wise counsel prevails -and diligent measures are taken to end this quarrel, it will cause -injury. It is currently reported that you have rashly made conspiracies -and confederacies against him, and that you have insolently, -rebelliously, presumptuously, and with arms in your hands, said things -to him, which, if they had to be said, should have been said humbly and -submissively. We utterly condemn your conduct in these matters. You must -no longer try, by such means, to hinder the king in his good plans. By -our apostolic authority we hereby dissolve all conspiracies and -confederacies that have been made since the quarrel between the crown -and the church began, and forbid them under threat of excommunication. -We order you to endeavor by clear proofs of humility and devotion to -placate your king and to win his favor by rendering him those customary -services which you and your ancestors have paid him and his -predecessors. And in the future, if you wish to make a request of him, -you shall do it, not insolently, but humbly and reverently, without -offending his royal honor; and thus you will more readily obtain what -you wish. We ask and beseech the king in the Lord and command him, in -order to obtain forgiveness of his sins, to treat you leniently, and -graciously to grant your just petitions. And thus you yourselves may -rejoice to know that he has changed for the better, and on this account -you and your heirs may serve him and his successors more promptly and -devotedly. We ask, and, by this apostolic writing, command you to bear -yourselves in such a way that England may obtain the peace she so -earnestly longs for, and that you may deserve our aid and support in -your times of trouble. - - - -130. Decision of Innocent III in Regard to the Disputed Election of -Frederick II, Philip of Suabia, and Otto of Brunswick, 1201. - - -Reg. d. Innoc. III. p. super neg. Rom. imp., no. 29; -Huillard-Bréholles, I, 70-76; Böhmer-Ficker-Winkelmann, no. 5724 a; -Doeberl, V, no. 8. - -At the death of Henry VI, 1197, his brother, Philip of Suabia, tried to -persuade the princes to elect the infant son of Henry, Frederick, as -king. While some were in favor of this, others refused on the ground -that it would be ruinous to elect a child king. They offered the crown -to Philip, but he refused it because he was unwilling to appear to be -false to his little nephew. In spite of Philip's persistent refusal a -party of the princes elected him. The Guelf party elected Otto, son of -Henry the Lion. Under these circumstances Innocent III declared that it -was his right as pope to decide the disputed election. His reasons for -deciding in favor of Otto are given in the following document. - -In the name of the Father, Son, and Holy Spirit. - -It is the business of the pope to look after the interests of the Roman -empire, since the empire derives its origin and its final authority from -the papacy; its origin, because it was originally transferred from -Greece by and for the sake of the papacy, the popes making the transfer -in order that the church might be better protected; its final authority, -because the emperor is raised to his position by the pope who blesses -him, crowns him, and invests him with the empire. Henry [VI] recognized -this truth in respect to our predecessor, pope Celestine of blessed -memory, for although for a little while after he had received the crown -from the pope, he refused to admit this, later he came to his senses and -besought the pope to invest him with the golden mantle of the empire. -Therefore, since three persons have lately been elected king by -different parties, namely, the youth [Frederick II], Philip, and Otto, -so also three things must be taken into account in regard to each one, -namely: the legality, the suitability, and the expediency of his -election. - -In respect to the youth, the son of emperor Henry, at first glance it -does not seem lawful to oppose his election, because it was supported by -the oaths which his father received from the princes before his death. -For although that oath may have been extorted from them by force, -nevertheless it is not thereby rendered void; in the case of the oath -which the children of Israel swore to Gibeon, they decided that, -although it had been secured by fraud, it ought still to be kept. -Moreover, if the oath of the princes was originally extorted from them, -the emperor later recognized his sin, and released them from their oath, -sending back the letters in which they promised to elect his son; then -the princes, in the emperor's absence, of their own accord elected his -son, and almost all of them promised him fidelity and some did him -homage. Therefore it does not appear that they may lawfully break that -oath. It does not seem proper for us to deprive him of his kingdom, -because he has been intrusted to our guardianship and protection, and -moreover it is written: "Defend the fatherless" [Ps. 82:3]. It does not -seem expedient to oppose him, because, when the youth shall arrive at -years of discretion and shall learn that he was deprived of his kingdom -by the pope, not only will he not show us reverence, but even as far as -he is able he will attack the church, and withhold from her the -allegiance and dues which she should receive from the kingdom of Sicily. -On the other hand, there are good reasons why it should be lawful, -fitting, and expedient to oppose his election. It is lawful because the -oaths of the princes were illegal, and the election was unwise. For they -elected as emperor a person unsuited not only to that, but to any other -office, for he was then scarcely two years old and was not yet baptized. -It appears then that such illegal and unwise oaths should not be kept. -The case of the oath sworn to Gibeon does not apply, for that oath could -be kept without working injury to the people of Israel, while the -observance of these oaths will not only injure one race, but will cause -great loss and damage to the church and the whole Christian people. Nor -can it be said that these oaths are legal if interpreted according to -the intention of the princes who swore them. They meant that if they -elected him emperor, he was not to rule immediately, but later when he -came of age. But how then could they judge of his fitness to rule? Might -he not turn out to be so foolish and simple as to be utterly unworthy -even less honor? Suppose that they meant he should rule only when he was -fitted to, and that in the meantime his father should govern the state. -But later an event occurred which the princes had not thought of, and -which made it neither right nor possible for the princes to keep their -oaths; that is, the sudden death of the father. Now since the empire -cannot be governed by a deputy, and an emperor cannot be elected for a -temporary term, and since the church neither wishes nor is able to do -without an emperor, it is lawful to elect some one else. It is not -fitting that he should rule. For how can he rule who is himself under -the rule of others? How can he protect the Christian people who is -himself under the tutelage of others? It is no sufficient answer to this -to say that it was to our guardianship that he was intrusted, because -this was done not that we might give him the empire, but that we might -hold the kingdom of Sicily for him. The Scripture says: "Woe to thee, oh -land, when thy king is a child, and thy princes eat in the morning" -[Eccles. 10:16]. It is not expedient that he should become emperor, -because thereby the kingdom of Sicily would be united with the empire to -the danger of the church; for, to say nothing of other dangers, he -would, like his father before him, be unwilling to prejudice the dignity -of the empire by taking the oaths of fidelity and homage to the pope for -the kingdom of Sicily. And it is no answer to this to say that he would -later oppose the church if we deprived him of the empire, for it is not -we who are depriving him of his empire, but his uncle [Philip] who has -attempted to seize not only the empire, but his maternal possessions as -well, while we have been defending them for him at great expense and -with great labor. - -As to Philip, it does not seem lawful to oppose his election. In -deciding the legality of elections, account has to be taken of the zeal, -the rank, and the number of the electors. It is not easy to determine -the zeal, but, in respect to the other considerations, it is clear that -Philip was elected by many princes of high rank, and that many others -have since given him their support. Therefore his election seems to be -legal, and not to be opposed. It would seem also that it is not proper -for us to oppose his election, for we would appear thereby to be taking -revenge for our injuries, if, because his father [Frederick I] and his -brother [Henry VI] persecuted the church, we should persecute him and -visit upon him the punishment incurred by the sins of others; whereas -our Lord has said: "Love your enemies, bless them that curse you, do -good to them that hate you, and pray for them which despitefully use -you" [Matt. 5:44]. It would seem also not to be expedient to oppose his -election. To oppose a man so strong in wealth and supporters is like -battling with the torrent with the bare arms. We would only make an -enemy of him and create even greater strife in the church. We ought -rather to seek peace and pursue it, which we could do by supporting him. -But on the other hand it seems lawful to oppose his election, for he was -excommunicated lawfully and in solemn form by our predecessor. Lawfully, -because he had seized the lands of St. Peter [Tuscany], and ravaged and -burned them, refusing to make satisfaction after being warned to do so -once and again by our brothers; in solemn form, for it was done at mass -in the church of St. Peter on a great feast-day, and he himself -recognized the validity of the excommunication by sending a messenger to -us to beseech absolution, and by having himself absolved later after his -election, by our legate, although contrary to our commands. So it is -evident that he was elected while under sentence of excommunication, and -some believe that he is not yet released from it. For in giving him -absolution, the former bishop of Sutri did not observe the conditions -laid down by us; namely, that Philip should first release the archbishop -of Salerno from captivity, and should then be freed from the necessity -of coming to Rome for absolution if he would take oath publicly to obey -us in respect to the deeds for which he had been excommunicated, and -then only should be given absolution. But the bishop of Sutri attempted -to absolve him secretly while the said archbishop was still a prisoner, -and without requiring any oath at all; for which disobedience he was -deprived of his bishopric by us and ended his days in a monastery. -Moreover, since we have frequently excommunicated Markwald and all other -German and Italian supporters of Philip, Philip himself, the author of -their sins, is surely subject to the same sentence. Moreover, it is -notorious that he swore fidelity to the youth [Frederick], and yet has -seized his kingdom and tried to seize the empire; therefore he is guilty -of perjury. It is objected that we have already declared such oath to be -illegal, and that he is not guilty of perjury in not keeping it, because -we have said it ought not to be kept. But even if the oath was unlawful, -he should not have broken it on his own authority, but should first have -consulted us, after the example of the children of Israel, in the case -of the oath which they swore to Gibeon; for although the oath had been -won from them by fraud they did not break it of their own accord, but -decided to consult the Lord. Moreover since whatever is done against the -conscience leads to hell (according to the words of the apostle: -"Whatsoever is not of faith is sin" [Rom. 14:23]), and since Philip -excuses himself in this matter by saying that he would not have taken -the kingdom if he had not known that otherwise some other persons would -have seized it, it is clear that he believed he ought to have kept the -oath, and that in violating it he went against his own conscience. So it -seems that we ought to oppose him and resist his attempt to hold the -empire, since he is legally under excommunication and is guilty of -perjury. It appears also that we may properly oppose his election, for -by his succession, brother will be succeeding brother, just as formerly -son succeeded father when Frederick handed on the crown to his son -[Henry VI] and Henry tried to do the same for his son [Frederick II]; -and thus the empire tends to become hereditary, the abuse becoming law -by long custom. Also it appears expedient to oppose him, for he is a -persecutor, and of a race of persecutors, and if we do not oppose him -now we shall be arming our enemy against ourselves. - -As for Otto, at first it does not seem lawful to favor him, because he -was elected by only a few electors; it does not seem fitting, because we -should have the appearance of supporting him out of hate to another; it -does not seem expedient, because in comparison to the other his party is -small and weak. But there are better reasons on the other side. In the -first place, the rank of the electors and the fitness of the candidate -must be considered, as well as the number of electors; and Otto was -elected by as many or more of those princes that have the best right to -elect the emperor, and is himself much better fitted to rule than is -Philip. Then again the Lord visits the iniquity of the fathers upon the -children unto the third and fourth generation of them that hate him; -that is, upon those that continue in the evil way of their fathers, and -Philip has certainly persisted in the wicked persecution of the church -which his father began. Finally, although we ought not to return evil -for evil, but ought rather to bless them that curse us, yet we should -not return good for injury to those who persist in their wickedness or -put weapons in the hands of those who rage against us, for God himself -exalted the lowly to overthrow the mighty. Therefore it is lawful, -proper, and expedient for the pope to favor the election of Otto. - -Far be it from us that we should defer to man rather than to God, or -that we should fear the countenance of the powerful, since, according to -the apostle, we should abstain not only from evil, but also from all -appearance of evil [1 Thess. 5:22]. For it is written: "Cursed be the -man that trusteth in man, and maketh flesh his arm" [Jer. 17:5]. On the -foregoing grounds, then, we decide that the youth should not at present -be given the empire; we utterly reject Philip for his manifest -unfitness, and we order his usurpation to be resisted by all. As to the -rest, we have commanded our legate to persuade the princes either to -choose some suitable person or to refer the matter to us for final -decision. If they cannot come to a decision, since we have waited long, -have frequently urged them to agree, have instructed them as to our -desires by letters and legates [we shall take the matter into our own -hands], that we may not seem to foster discord, and that we may say with -Hezekiah: "There shall be peace and truth in my days" [Is. 39:8], and -that we may not be forced, like Peter, to deny the truth, which is -Christ, by following afar off, to see the end [Matt. 26:58]. But since -the affair will not brook delay, and since Otto is not only himself -devoted to the church, but comes from devout ancestors on both sides (on -his mother's side from the kings of England, and on his father's from -the dukes of Saxony, all of whom were faithful servants of the holy see, -especially his great-grandfather the emperor Lothar, who twice came down -to Apulia on behalf of the papacy and died in the service of the Roman -church), therefore we decree that he [Otto] ought to be accepted and -supported as king, and ought to be given the crown of the empire, after -the rights of the Roman church have been secured. - - - -131. Treaty between Philip, King of Germany, and Philip II, King of -France, 1198. - - -M. G. LL. 4to, IV, 2, no. 1. - -About 1200 Europe was divided into two hostile camps, as is apparent -from this and the following number. They also show the parties to this -struggle which culminated in the battle of Bouvines, 1214. - -Philip, by the grace of God, king of the Romans, Augustus. Let all men -know that because of the love which existed between our father, -Frederick [I] and our brother, Henry [VI], emperors of the Romans, and -Philip, king of France, and for the sake of peace, and for the public -good, we have made the following peace with the said Philip, king of -France. - -(1) We will aid him especially against Richard, king of England, and his -nephew, Otto [IV], and Baldwin of Flanders, and Adolf, archbishop of -Cologne, and against all his other enemies. We will aid him in good -faith and without treachery, whenever the opportunity is offered, if it -is not against our honor. - -(2) If any of our subjects wrongs him, or his kingdom, we will warn him -to make reparation within forty days after we hear of it. If we are in -Italy, the bishop of Metz shall warn him. If he does not make good the -damage which he has inflicted on the king or his realm within the forty -days, the said king may take vengeance on him and we will aid him to do -so. - -(3) We will not keep in our realm any vassal, whether lay or cleric, of -the king of France, contrary to the will of the said king. - -(4) The said king, whenever he wishes, may take vengeance on the count -of Flanders, by attacking the lands of the said count which he holds in -the empire, whether they are fiefs or allodial lands. - -(5) We promise in good faith that, if we learn that anyone is trying to -injure the king of France or his realm, we will try to prevent him from -doing so. If we cannot, we will inform the king of France about it.... - - - -132. Alliance between Otto IV and John of England, 1202. - - -M. G. LL. 4to, IV, 2, no. 25. - -See introductory note to no. 131. - -John, by the grace of God king of England, lord of Ireland, duke of -Normandy and Aquitaine, count of Anjou, etc. ... We wish all to know -that, in the name of the Lord Jesus Christ, we have made a league with -our beloved nephew, Otto, by the grace of God illustrious king of the -Romans, Augustus, for the purpose of guarding and defending his empire -and his rights, and of giving him faithful counsel and aid in -maintaining his rights. By this league all quarrels and differences -which existed between us have been settled and we have mutually pardoned -each other.... - - - -133. Concessions of Philip of Suabia to Innocent III, 1203. - - -Migne, 217, col. 295 ff; M. G. LL. folio, II, p. 208. - -In the beginning of the war between Philip of Suabia and Otto IV, it -seemed that Philip would easily be the victor. But things began to go -against him and toward the end of 1202, he secretly sent messengers to -the pope to see what terms he could secure. Innocent was at least -willing to negotiate and sent Martin to him to discuss the situation. In -the presence of Martin, Philip drew up the concessions which he was -willing to make. These concessions were not sufficient for Innocent, -and, besides, Otto IV began to have greater success in the field against -Philip. So Innocent repudiated what Martin had done and gave his support -to Otto again. But the success of Otto was brief. In 1204-5, Philip -began to prevail over Otto, who soon found himself without support. Then -Innocent, deserting Otto for his more successful rival, renewed the -negotiations with Philip. In 1208 they agreed to a treaty, but its terms -were not made public, and the negotiations were not entirely completed -when Philip was murdered. - -I, Philip, king of the Romans, Augustus, etc. Before Martin, -Camaldolensian prior, and brother Otto, monk of Salem, came to me to -negotiate about making peace with the church, I had already vowed to God -and to his saints to go across the sea to liberate the land of promise -from the cruelty of the Gentiles [Turks]; and again after they came and -told me of the peace negotiations and of the concessions which the pope -was willing to make, I vowed and promised to God and to his saints and -to the said prior and brother, representatives of the pope, that, at a -suitable time, in good faith and without fraud, I would go on a crusade, -to the support of the church and of the empire, and do all I could to -liberate the said land. The following persons were witnesses of my vow: -Diethelm, bishop of Constance, etc. Besides, I promised that I would do -all the following things: I will restore to all churches all the -possessions which my predecessors, or I, have unjustly seized or held, -and I will no longer disturb them in their possessions. I will cease -from all the abuses which my predecessors have practised toward the -church, as for example, when a bishop or abbot dies, I will not seize -his possessions [_spolia_]. I will permit the elections of bishops and -other prelates to take place in a canonical way, and I surrender control -in spiritual matters to the pope. With the help of the pope I will -endeavor, as far as my imperial office will permit, to subject all -independent monasteries to some one of the regular orders, such as the -Cistercian, Camaldolensian, or Premonstratensian. And I will try to -compel the clergy as well as the monks to lead a decorous life, such as -is becoming to their profession. As far as I can, I will compel -advocates and patrons of churches to cease from oppressing the churches -with exactions, such as _angariæ_ and _parangariæ_.{75} If God shall -subject the empire of the Greeks to me or to my brother-in-law, I will -subject the Greek church to the Roman church. I will always be a -faithful and devoted son and defender of the Roman church. I will make a -general law and cause it to be observed always and everywhere in my -empire that whoever shall be excommunicated by the pope shall be under -the ban of the empire. Furthermore, in order that this league of peace -and friendship between the pope and me may be observed forever, and that -all grounds for suspicion may be removed, and that he may always be to -me a most gracious father and I a most faithful son to him, I will give -my daughter to his nephew in marriage, and any other members of my -family, male or female, I will cause to be joined in marriage to members -of his family, as the pope may desire. I will make full satisfaction to -God and to the church for all my offences, as the pope may command. -These things were done in the presence of the bishop of Constance, etc. - - -{75} See no. 103, note 73. - - - -134. Promise of Frederick II to Innocent III, 1213. - - -Migne, 217, cols. 301 ff. - -The powerful personality of Innocent III impressed itself deeply on the -young king, Frederick II. The boy was truly devoted to Innocent, who was -his guardian, and was willing to do whatever the pope required of him. -In 1213 he wrote the following letter to Innocent in which he concedes -practically everything for which the popes had been struggling. If the -emperor had kept these promises, there would have been no further -contest between the papacy and the empire. But as he grew older, and -became conscious of his position, and learned what the imperial claims -were, he gradually reasserted them and so renewed the conflict which -ended in the destruction of his family. - -In the name of the holy and undivided Trinity. Frederick II, etc.... To -you, most holy father, and to all your successors, and to the holy Roman -church, who has been a true mother to us, with a humble heart and devout -spirit we will always show all obedience, honor, and reverence, such as -our ancestors, catholic kings and emperors, have shown your -predecessors. And in order that our devotion to you may be shown to be -greater than theirs we will pay you greater obedience, honor, and -reverence than they did. Wishing therefore to abolish that abuse which -some of our predecessors are said to have practised, we grant that the -election of bishops may be free and canonical, so that he whom the whole -chapter, or the majority of it, may elect may be established over the -vacant church, provided there is nothing in the canon law against his -election. Appeals in all ecclesiastical matters may freely be made to -Rome, and no one shall attempt to interfere with them. We also will -cease from that abuse which our predecessors practised, and will no -longer seize the property [_spolia_] of deceased bishops or of vacant -churches. Jurisdiction in all spiritual matters we yield to you and the -other bishops, that those things which are Cæsar's may be rendered to -Cæsar, and those which are God's to God. Moreover we will give our best -help and aid in the destruction of heresy. We grant to the Roman church -the free and undisturbed possession of all those lands which she has -recovered from our predecessors who had despoiled her of them. If there -are any such lands which she has not yet succeeded in recovering, we -will, with all our strength, aid her to recover them; and if any of them -shall fall into our hands we will freely restore them to her. In this we -understand that the following lands are included: All the land from -Radicofano to Ceperano, the march of Ancona, the duchy of Spoleto, the -land of the countess Matilda, the county of Bertinoro, the exarchate of -Ravenna, the Pentapolis, with the other lands lying adjacent to them, as -described in many documents given by kings and emperors from the time of -Ludwig, in which it is said that these lands shall belong forever to the -jurisdiction and control of the Roman church. And whenever we shall be -called by the pope to come and receive the imperial crown or to render -any service to the church, we will receive from them _fodrum_ and other -entertainment only as the pope shall give his consent. As a devoted son -and catholic prince we will aid the Roman Catholic church to keep and -defend the kingdom of Sicily and all other rights which she -possesses.... - - - -135. Promise of Frederick II to Resign Sicily After his Coronation as -Emperor, 1216. - - -Migne, 217, cols. 305 f; M. G. LL. folio, II, pp. 228 f; Böhmer-Ficker, -no. 866; Doeberl, V, no. 13 b. - -The pope had with difficulty succeeded in maintaining his ownership of -Sicily. Now a new danger was threatening. He feared that, if Sicily -should be held by the emperor, it would lead to the revival of the -imperial claims to Sicily. In order to prevent this he persuaded -Frederick II to promise that as soon as he should be crowned emperor he -would resign Sicily to his little son, Henry. - -To his most holy father in Christ, Innocent, bishop of the holy Roman -church, Frederick, by the grace of God and of Innocent king of the -Romans, Augustus, and king of Sicily, offers due obedience in all -things, and reverence with filial subjection. - -Desiring to provide for the welfare of both the Roman church and the -kingdom of Sicily, we firmly promise that as soon as we shall be crowned -emperor we will release from our paternal authority our son Henry, whom -we, at your command, have had crowned king [of Sicily], and we will -entirely relinquish all the kingdom of Sicily on both sides of the -strait [of Messina] to be held by him from the Roman church alone, just -as we have held it from her. From that time we will neither regard nor -call ourselves king of Sicily, but until our son becomes of age we will -have the kingdom ruled by some suitable person who shall in all respects -be subject to the Roman church, because the government of that kingdom -is known to belong to her. We promise to do this because, if we should -become emperor and at the same time be king of Sicily, it might be -inferred that the kingdom of Sicily belonged to the empire. And such an -inference would do injury to the Roman church as well as to our heirs. -In order that this our promise may be carried into effect we have caused -a golden seal to be affixed to this document. - - - -136. Concessions of Frederick II to the Ecclesiastical Princes of -Germany, 1220. - - -M. G. LL. folio, II, pp. 236 f; Böhmer-Ficker, no. 114; Doeberl, V, no. -14. - -Frederick II had agreed that Sicily and Germany should never be held by -the same person, but in 1220 he was scheming to have his son Henry [VII] -elected and crowned king of Germany. Now Henry [VII] was already king of -Sicily. If he were to be elected king of Germany, he would, in -accordance with his father's oath, be compelled to resign the crown of -Sicily. But this Frederick did not intend that he should do. Frederick's -pretext for having his son made king of Germany was that he could not go -on a crusade without leaving his son as king to care for the government -of Germany in his absence. His real purpose was to evade his oath to the -pope and secure both crowns in the possession of his family. In spite of -the protests of the pope, Frederick secured the election and coronation -of his son. He bought the aid of the German clergy by granting them -large regalian rights. These concessions which he made to the clergy -bought their support for the moment and made it impossible for the pope -to proceed to extreme measures against him for having his son crowned -king of Germany, contrary to his oath. The policy which Frederick -followed here was ruinous to the German crown. He made of each -ecclesiastical prince a little king in fact, though not in name, thus -stripping the crown of its rights and powers. For the logical and -ruinous effects of this policy on the royal power, see the Golden Bull, -no. 160. - -In the name of the holy and undivided Trinity. Frederick II, by the -grace of God king of the Romans, Augustus, and king of Sicily. - -We bear in grateful remembrance the fidelity of the ecclesiastical -princes to us, and their help in raising us to the empire, and -supporting us in that station, and in electing our son Henry as king, -and we propose to promote their interests as they have promoted ours, -and to support them as they have supported us. - -Therefore since certain injurious customs, or rather abuses, have grown -up during the long conflicts of the empire (which now by the favor of -God have ceased), in the way of new tolls, the minting of coins which -led to confusion by their similarity to existing coins, private wars of -advocates, and other evils without number, we now remove these abuses by -the following decrees: - -1. We promise that we will never henceforth lay claim to the personal -property of a prelate at his death [the right to the _spolia_], but -that, if a prelate dies intestate, his possessions shall go to his -successors, and that no layman shall lay claim to them on any pretext -whatsoever. If the prelate made a will it shall be valid in the law. - -2. We will never grant any new tolls or new mints within the territory -or jurisdiction of any one of the princes except by his consent and -desire. We will preserve and defend the ancient tolls and mints which -have been granted to their churches, neither infringing these rights -ourselves nor permitting anyone else to do so. We forbid anyone to -cheapen or confuse the coinage of the princes by making coins of similar -appearance. - -3. We will never admit to citizenship in our cities the subjects of any -of the ecclesiastical princes, who have left the services of their lord -for any cause. We desire that the same consideration be shown by the -ecclesiastical princes to one another, and by the lay princes to the -ecclesiastics. - -4. We forbid advocates to injure the property of churches committed to -their care. If they do so they shall restore the damage twofold, and pay -100 marks of silver to the royal treasury as a fine. - -5. If the vassal of any of the ecclesiastical princes has been convicted -of offence against his lord by feudal law and has been ejected from his -fief, we will protect the lord in his retention of the fief, and if he -wishes to give the fief to us we will accept it without regard to the -love or hate of anyone. If the fief of an ecclesiastical lord has become -vacant by the above process or by the death of the holder, we will never -lay claim to it unless it is given to us by the will and desire of the -lord, and we will defend him in his possession of it. - -6. If any of the ecclesiastical princes has excommunicated anyone and -has notified us of this by word of mouth or letter or by reliable -messengers, we will refuse to have any dealings with the excommunicated -person. Such a person shall be deprived of his rights before the law, -this deprivation not freeing him from the obligation of answering the -accusations against him, but destroying his right to bear testimony or -give judgment, or to bring suit against others. - -7. And since the secular sword is intended to support the spiritual -sword, we declare that our ban shall follow upon the excommunication -pronounced by an ecclesiastical prince, if the excommunicated person is -not absolved within six weeks; the ban of the empire shall not be -revoked until the excommunication is withdrawn. - -8. We have promised also to support and defend the princes by our -authority in all cases, and they have promised on their faith to aid us -to the best of their ability against any man who resists our authority. - -9. We decree also that no buildings, castles, or cities shall be erected -upon ecclesiastical lands through the interests of the advocate or -through any other pretext. If such are erected without the consent of -those to whom the lands belong they shall be destroyed by the royal -authority. - -10. Following the example of our ancestor, the emperor Frederick of -blessed memory, we forbid any of our officials to claim jurisdiction in -the matter of tolls, mints, or other rights, in any of the cities of the -ecclesiastical princes, except during the time of the public diet and -eight days before and eight days after. During that time the officials -of the emperor shall exercise jurisdiction in accordance with the -customs of the city and the laws established by its prince. If we come -into any of their cities at any other time, we will not exercise any -rights in it, but the authority of the prince or the lord of the city -shall continue unimpaired. - -11. Finally, since the acts of men are wont to sink into oblivion -through the lapse of time, we hereby decree that these benefits and -privileges shall be perpetually granted to the churches, and that our -successors shall preserve them and enforce them on behalf of the -church.... - - - -137. Decision of the Diet Concerning the Granting of new Tolls and -Mints, 1220. - - -M. G. LL. folio, II, p. 237; Böhmer-Ficker, no. 1118; Doeberl, V, p. -150. - -The ecclesiastical princes promptly demanded that the emperor's -concessions to them (no. 136) be put into force. To illustrate the -effect of his grant, we give two documents, one in response to -complaints about some new tolls established by the count of Gelder, the -other to the patriarch of Aquileia who had presented a long list of -grievances for redress. Frederick revoked the charter which he had given -the count of Gelder and gave the patriarch a charter confirming him in -the possession of many regalian rights (no. 138). This latter document -shows that the patriarch was in the possession of a high degree of -sovereignty. It also throws light on the movement in the cities, which -were throwing off the rule of their lords and establishing local -self-government (see section X). - -Frederick, etc. We wish all to know that while we were holding a diet at -Frankfort the following decision was rendered with the consent of the -princes, namely: That we have not the right to empower anyone to -establish new tolls or mints to the damage or disadvantage of another. -Since we have heard many complaints about the tolls and mint which the -count of Gelder has established, as he says, with our permission, we -inform you all that we do not grant him the permission for these tolls -and this mint. We forbid him to interfere in any way with the tolls at -Arnheim, or Oesterbeke, or Lobith, or in any other place on the Rhine, -or with any mint. We do this regardless of the fact that he says he has -our permission, and regardless of any letters, from us or any of our -predecessors, which he may have. - - - -138. Frederick II Gives a Charter to the Patriarch of Aquileia, 1220. - - -Böhmer-Ficker, no. 1252; Doeberl, V, pp. 150 ff. - -See introduction to no. 137. - -Frederick II, etc.... We wish all to know that in a full diet a decision -was rendered by our princes that (1) the patriarch of Aquileia has the -authority to take whatever action he wishes in regard to establishing a -market in any of the cities, towns, villages, and in all other places, -where he has jurisdiction. (2) He may put under the ban any of his -subjects, and also release them from it. (3) The cities, towns, and -villages, which are under his jurisdiction, have no right to elect their -rulers, or consuls, or rectors, contrary to the will of the patriarch. -(4) No city, commune, or organization of any kind, whether lay or -cleric, over which the said patriarch has jurisdiction, has the right to -interfere with the bishopric after the death of the bishop, or with any -of the things which belong to the bishopric. (5) No one has the right to -establish new tolls, mints, or markets, in the lands over which the -patriarch has jurisdiction, without his consent. (6) No one shall build -mills on any of the streams without his consent. (7) No official shall -confer freedom on anyone, or sell or alienate any vineyards, fields, -meadows, roads, or anything else which belongs to the regalia, without -the patriarch's consent. (8) The Venetians have no right to levy a tax -on the lands or anything else belonging to the patriarch, or to compel -his vassals to take an oath of fidelity to them. (9) No one under the -jurisdiction of the patriarch, whether free, vassal, or ministerial, has -the right to make a league or alliance without the consent of the -patriarch. If any such league is made, it is invalid and the parties to -it shall be proscribed. (10) No one has the right to establish new -cities, towns, or markets, on land which is under the jurisdiction of -the patriarch, without his consent. - - - -139. Statute of Frederick II in Favor of the Princes, 1231-2. - - -M. G. LL. folio, II, pp. 291 ff; Böhmer-Ficker, no. 1965; Doeberl, V, -no. 17. - -Henry [VII], being a mere child when he was crowned, was under the -control of regents until 1229, when he began to rule in his own name. -But he fell under the influence of princes who persuaded him to grant -them many regalian rights. When Frederick II came into Germany, 1231, -the princes asked him to confirm the grants which his son had made them. -He consented to do so and the following document was given them. Like -the grant to the ecclesiastical princes in 1220, it diminished the -rights of the crown and increased the independence of the princes. - -In the name of the holy and undivided Trinity. Frederick II, by divine -mercy emperor of the Romans, Augustus, king of Jerusalem, king of -Sicily. - -(Introduction stating the occasion for the statute, which confirms the -grants of his son Henry.) - -1. No new castles or cities shall be erected by us or by anyone else to -the prejudice of the princes. - -2. New markets shall not be allowed to interfere with the interests of -former ones. - -3. No one shall be compelled to attend any market against his will. - -4. Travellers shall not be compelled to leave the old highways, unless -they desire to do so. - -5. We will not exercise jurisdiction within the ban-mile of our cities. - -6. Each prince shall possess and exercise in peace according to the -customs of the land the liberties, jurisdiction, and authority over -counties and hundreds which are in his own possession or are held as -fiefs from him. - -7. Centgrafs shall receive their office from the prince or from the -person who holds the land as a fief. - -8. The location of the hundred court shall not be changed without the -consent of the lord. - -9. No nobleman shall be amenable to the hundred court. - -10. The citizens who are known as _phalburgii_ [_i.e._, persons or -corporations existing outside the city, but possessing political rights -within it] shall be expelled from the cities. - -11. Payments of wine, money, grain, and other rents, which free peasants -have formerly agreed to pay [to the emperor], are hereby remitted, and -shall not be collected henceforth. - -12. The serfs of princes, nobles, ministerials, and churches shall not -be admitted to our cities. - -13. Lands and fiefs of princes, nobles, ministerials, and churches, -which have been seized by our cities, shall be restored and shall never -again be taken. - -14. The right of the princes to furnish safe-conduct within the lands -which they hold as fiefs from us shall not be infringed by us or by -anyone else. - -15. Inhabitants of our cities shall not be compelled by our judges to -restore any possessions which they may have received from others before -they moved there. - -16. Notorious, condemned, and proscribed persons shall not be admitted -to our cities; if they have been, they shall be driven out. - -17. We will never cause any money to be coined in the land of any of the -princes which shall be injurious to his coinage. - -18. The jurisdiction of our cities shall not extend beyond their -boundaries, unless we possess special jurisdiction in the region. - -19. In our cities the plaintiff shall bring suit in the court of the -accused. - -20. Lands or property which are held as fiefs shall not be pawned -without the consent of the lord from whom they are held. - -21. No one shall be compelled to aid in the fortifying of cities unless -he is legally bound to render that service. - -22. Inhabitants of our cities who hold lands outside shall pay to their -lords or advocates the regular dues and services, and they shall not be -burdened with unjust exactions. - -23. If serfs, freemen subject to advocates, or vassals of any lord, -shall dwell within any of our cities, they shall not be prevented by our -officials from going to their lords. - - - -140-142. Treaty of San Germano, 1230. - - -140. The Preliminary Agreement. - - -Huillard-Bréholles, Hist. Dipl. Fred. II, III, pp. 210 f; -Böhmer-Ficker, no. 1799; Doeberl, V, no. 16 d. - -The chief cause of the first quarrel between Frederick and the pope was -Frederick's refusal to keep his vow to go on a crusade. In 1215, on the -day he was crowned king, he vowed to make a crusade, and again in 1220, -when crowned emperor, he renewed the vow. For various reasons he several -times put off going. Each time the pope was deeply disappointed, but -eventually accepted the emperor's excuses. Again in 1225 he renewed his -vow and set the time of his departure in August, 1227. But the pope had -lost confidence in Frederick, as well as his patience. He stipulated -that if the emperor did not keep his word, he should be excommunicated. -Frederick sailed Aug. 8, 1227, but returned to land two days later. On -this account Gregory IX excommunicated him, Sept. 29, 1227. Frederick -published an apology for his conduct and called a crusade to take place -the following May. Without seeking to have the excommunication removed, -he sailed in June, 1228. For this the pope renewed the excommunication. -While Frederick was absent in Palestine, his imperial vicar in Italy -came into actual conflict with the papal officials about matters of -government. When Frederick returned from Palestine in 1230, the pope was -hardly prepared to carry on the war. So through the intercession of -various princes the peace of San Germano was brought about. The -preliminary agreement is found in no. 140. The papal stipulations are -contained in no. 141. In order to convince the pope of his good -intentions and to renew friendly relations with him, Frederick made him -a visit soon after the peace was established. The pope wrote a friend an -account of this visit, which is found in no. 142. - -In the name of the Lord, amen. Bertold, patriarch of Aquileia; Eberhard, -archbishop of Salzburg; Siegfied, bishop of Regensburg; Leopold, duke of -Austria and Styria; Bernard, duke of Carinthia; Otto, duke of Meran; by -the grace of God princes of the empire. Know all people by this writing -that our mother the holy Roman church, and our lord, Frederick, emperor -of the Romans, Augustus, king of Jerusalem and Sicily, have agreed to -enter into negotiations for the purpose of discovering some means by -which the cities of Gaeta and Sant' Agatha and other cities of Sicily -which have gone over to the church may be restored to the empire without -detracting from the honor of the church. The time within which these -negotiations shall be completed is limited to one year, and the church -promises to do all in her power to discover the means of arranging the -transfer within that time. If, however, no agreement is reached within -the year, the church and the empire are to appoint each two -representatives who shall try to reach a settlement. If they are unable -to agree, they shall choose a fifth person, and the majority shall -decide. The emperor has caused Thomas, count of Acerra, to swear for him -that he, the emperor, will not molest the said lands and persons nor -permit them to be molested during the course of the negotiations, and -that he will accept the terms agreed upon by the holy Roman church and -the emperor or by their respective representatives. Know also that the -emperor has pardoned the Germans, Lombards, Tuscans, Sicilians, French, -and all others who adhered to the church party against him, and has -caused the count of Acerra to swear for him that he will never molest -them nor allow them to be molested on account of the assistance which -they gave the Roman church against him, but that he will keep true peace -with them and with the church. The emperor also remits all sentences, -decrees, and bans issued by him or by anyone else because of this -quarrel. He promises also that he will not invade or waste the lands of -the church in the duchy [of Rome] or the march [of Ancona], as set forth -in other documents under the imperial seal. We have pledged ourselves on -the holy gospels to see to it that the emperor does not violate these -conditions. If he does, after allowing him a certain time to make -satisfaction (namely: three months in Sicily, four months in Italy, and -five months outside of Italy), we will assist the church at her request -against him until he shall make satisfaction. If the emperor fails to -appoint representatives or prevents them from going to the conference, -we will hold ourselves bound to assist the church, as said above. But if -the church refuses to appoint representatives or prevents them from -attending the conference we shall not be bound by this oath. - - - -141. Papal Stipulations in the Peace of San Germano, 1230. - - -Huillard-Bréholles, III, pp. 218 f; Böhmer-Ficker, no. 1817; Doeberl, -pp. 66 f. - -See introductory note to no. 140. - -We, John, by the grace of God Sabine bishop, and Thomas, cardinal priest -of the title of Santa Sabina, legates of the apostolic see, by the -authority of the pope, make the following demands of the emperor. 1. He -shall not prevent free elections and confirmations in the churches and -monasteries of the kingdom. 2. He shall make satisfaction to the counts -of Celano and to the sons of Rainald of Aversa, according to the terms -of the agreement, in those things for which the church became security. -3. Likewise he shall make satisfaction to the Templars and Hospitallers -and other ecclesiastical persons, for the property which he has taken -from them, and the injuries and losses which he has inflicted upon them, -and the terms of this satisfaction shall be fixed later by the church. -4. Likewise for eight months from the day of his absolution he shall -furnish suitable persons under oath as security to the church. The -church will name these persons from among the princes, counts, and -barons of Germany, and the communes of Lombardy, Tuscany, the mark, and -Romagnola, and the marquises, counts, and barons of those territories, -and they shall stand as security to the church for the conduct of the -emperor. If he does not obey the commands of the church, or breaks the -peace, or seizes or devastates the land of the church or of her vassals, -they shall aid the church against him. The church will not proceed -against him at once if he commits a wrong. But if he is in the kingdom -of Sicily, he may have three months; if he is in Italy, he may have four -months; if he is outside of Italy, he may have five months, in which to -make good any wrong he may do. Those who are security for the emperor -shall give the church sealed documents containing their promise to aid -her. The emperor shall, within fifteen days, send a messenger to the -papal court to receive the names of those whom the church wishes as -security. All the above things are stipulated. But we leave it to his -honor to fulfill all that he has promised about the crusade, and to obey -the church in this matter. If through preoccupation or inattention we -have omitted anything which we should have included in the above -stipulations, the pope shall have the right to add it. - -They also declared that the pope wished to be reimbursed for all the -expenses to which the church had been put outside of the kingdom in -preserving her liberties and the patrimony of St. Peter. - -The legates also pronounced a sentence of excommunication on the emperor -which should go into effect at once if the emperor should fail to -observe any of the above stipulations.... - - - -142. Letter of Gregory IX about the Emperor's Visit to him after the -Peace of San Germano, 1230. - - -Huillard-Bréholles, III, p. 228; Böhmer-Ficker-Winkelmann, no. 6818; -Doeberl, V, no. 16 f. - -See introductory note to no. 140. - -Gregory, etc. Since we know that you, as an especially dear son, are -pleased to hear good news about us, we have determined to inform you by -letter of the good fortune which has befallen us in the last few days. -The other day [Sept. 1] our most dear son in Christ, the illustrious -emperor of the Romans [Frederick II], came with great pomp and a -magnificent retinue to visit us. He manifested a devotion which was -truly filial. His humility before us and his reverence for us as the -vicar of St. Peter, the prince of the apostles, were as great as any of -his predecessors have shown to any of ours. As an evidence of his favor -and of his attitude toward us, the next day after his arrival he came to -see us in our own home, not with imperial ceremony, but, as it were, in -the simplicity of a private person. He took dinner with us and we were -surprised and delighted with his kindness and devotion. The day was -rendered joyful and memorable by the pleasure which we both received -from taking dinner together. After dinner we talked and laughed about -all sorts of matters, and we discovered that he was quite ready to obey -our wishes in all respects, in regard both to religious matters and to -the patrimony of St. Peter. By this we were greatly comforted in the -Lord, and we thought that we ought to let you, first of all, share in -our comfort and joy. We hope you will make this known to all those about -you. We command you to make it known to our subjects in Campania and to -encourage them to remain faithful to St. Peter and to us. Strengthen -them as much as you can, and urge them to be constant and courageous. As -we have told you of the promises of Frederick, we shall keep you -informed of the way in which he fulfils them. - - - -143-144. The Final Struggle between Gregory IX and Frederick II. - - -143. Papal Charges and Imperial Defence, 1238. - - -Huillard-Bréholles, V, p. 249; Böhmer-Ficker, no. 2401; Doeberl, V, no. -22 e. - -The peace of San Germano was not kept long. The fundamental principles -of pope and emperor conflicted with each other. No peace between them -could be lasting so long as the primary question of supremacy was not -settled. Frederick soon began to put forth imperial claims in various -matters, and the pope resisted them. The struggle grew more and more -bitter and they both came into such a state of mutual exasperation and -irritation that any trifle brought forth long complaints and sharp -reproofs. Of the many vigorous documents which concern their final break -we give only two. Gregory wrote to certain bishops ordering them to take -the emperor to task on a long list of charges. They did so, and the -emperor refuted them, charge by charge. These papal charges and imperial -denials are given first. Gregory was not convinced by the emperor's -answers. The document by which he excommunicated Frederick is given in -no. 144. - -To the most holy father in Christ, Gregory [IX] by the grace of God -pope, his devoted bishops of Würzburg, Worms, Vercelli, and Parma, -humbly commend themselves and offer due and sincere reverence. - -We reverently received your letter in which you ordered us to -remonstrate with our lord the Roman emperor [Frederick II] about certain -matters, a list of which was enclosed in your letter. Although we -hesitated to do so because we are his subjects and were not sure that he -would patiently receive our remonstrances, nevertheless we reverently -went to him and set forth all the things which were contained in your -letter to us and also in the large number of letters which you had -written to him. God who rules and directs the hearts of kings as he will -brought it about that he granted us an audience and listened to our -words with great readiness and humility. He also called together the -venerable archbishops of Palermo and Messina, the bishops of Cremona, -Lodi, Novara, and Modena, and the abbot of San Vincenzo, and a great -number of friars, both Dominicans and Franciscans, and in the presence -of us all he responded to each one of the charges in their order as is -set forth below. And in accordance with your command, we send you a -faithful statement of his answers. - -1. _The papal charge._ The churches of Monreale, Cefalu, Catania, and -Squillace, and the monasteries of Mileto, Santa Eufemia, Terra Maggiore, -and San Giovanni in Lamæ, have been robbed of almost all of their -possessions. Likewise nearly all bishoprics, churches, and monasteries -have been unjustly deprived of their liberties and prerogatives. _The -emperor's answer._ In regard to the complaints of the churches, which -are stated in a general way, orders have been given that certain things, -done in ignorance, should be corrected at once; and others have already -been corrected by our faithful messenger and notary, William de Tocco. -He was sent especially for this purpose and he was ordered to go first -to the papal court, and, after consultation with the archbishop of -Messina, to follow his counsel in revoking all the things which he found -were done unjustly. He had scarcely entered the kingdom when he found -certain lands in the possession of members of the imperial family -[ministerials]. He dispossessed them and restored the lands to their -former owners. If he should find any lands were held illegally by the -emperor, he was ordered to restore them to their owners. And when the -pope learned of what he had done he approved the emperor's action in -sending him and the diligence of the messenger. Since the kingdom is -divided into several provinces, the messenger has not yet been able to -go through them all. Hence his work is not yet done, and there are still -some things to be corrected. In regard to the church of Monreale, the -emperor declared that it had not suffered anything through him, unless -it wished to hold him responsible for the devastations committed by the -Saracens who had ravaged its lands. But they recognize neither the -emperor nor the church. Nor had they spared anyone or anything. They had -devastated the land clear up to the walls of the church, and they had -spared no Sicilian. In fact, they had left scarcely a Christian alive in -all that territory. The emperor declares that with great difficulty and -expense he has exterminated them from Sicily. If he has done the -churches a wrong in this, it is at least his only one. Nor has he tried -to injure them. - -In regard to the church at Cefalu, the emperor said that he had done no -wrong, because the kings of Sicily have always held the castle of -Cefalu, which is a strong citadel in the mark of the Saracens, and -commands the sea. In the days of Innocent III the bishop of Cefalu had -got possession of it, not legally but through an uprising. But Innocent -ordered his legate who was then in Sicily caring for the interests of -Frederick, who was still a child, to take the castle from the bishop and -have it kept for Frederick until he should come of age. It has not been -restored to the bishop nor should it be, because he has no right to it. -Even if he had a right to it, it should not be restored to him, because, -according to common report, he is a forger, a homicide, a traitor, and a -schismatic. Therefore even if he had a right to it, it should not be -restored to him. In the same way he said he was innocent of the charges -about the church of Catania, unless he were held responsible for the -conduct of some of the men from the imperial domain, who, in time of -war, had gone to Catania to find a place that was secure and fertile. -The emperor said that he had recalled them to his domains by a general -edict of the realm, by which the counts, barons, and other men of the -realm recalled the men belonging to their domains, no matter where they -should find them, whether on the lands of the church or in the imperial -cities. Besides, in regard to these things, the statute was passed and -the time set at the request of the pope, as is clear from the letters of -the patriarch of Antioch and the archbishops of Palermo and Messina. -Likewise the emperor said that an equitable trade had been made with the -churches of Mileto and Santa Eufemia, and with the abbot and monks of -Terra Maggiore. This trade had been made with the permission of their -clergy and their convents, according to the legal form, and they to-day -hold and possess the things which they received in exchange. But the -village of San Severo was not wholly the property of the abbot of Terra -Maggiore, for another had certain rights there which he held as a fief -from the empire. It was justly condemned and destroyed, because the men -of that place in the time of an uprising had killed Paul de Logotheta, -the bailiff of the emperor, and seized the cattle of the emperor. And -yet the abbot and his monastery had received some land in exchange for -their share of this village which had been destroyed. In accordance with -a legal decision the place called Lamæ has been fortified by the abbot -of San Giovanni Rotundo, and according to both the civil and canon law, -suit about it must be brought against him in the imperial court. - -2. _The papal charge._ The possessions, both movable and immovable, -which had been taken from the Templars and Hospitallers, have not been -restored to them in accordance with the terms of the agreement which was -made. _The emperor's answer._ It is true that by a legal process and in -accordance with an ancient law of the kingdom of Sicily, fiefs and -"burgher lands" have been taken from the said orders. But they had -received those lands from those who were invading the kingdom and waging -war on the emperor. Besides they furnished the king's enemies with -horses, arms, food, and wine, and all kinds of provisions, while -refusing to aid the emperor who was still a minor. But other fiefs and -burgher lands have been restored to them which they had acquired before -the death of William II [king of Sicily], or for which they had a grant -from some one of our predecessors. And some burgher lands which they had -bought have been taken from them in accordance with an ancient law of -Sicily, that without the king's consent no burgher lands shall be given -to the said orders or left to them as a legacy; but if such lands are -given them, they are bound to sell them within a year, a month, a week, -and a day, to some of the citizens. This law was passed long ago, -because if they were permitted to buy and accept burgher lands they -would in a short time possess the whole kingdom of Sicily, which they -like better than any other part of the world. And this law is valid -beyond the sea. - -3. _The papal charge._ He does not permit vacant bishoprics and other -churches to be filled, and on this account the liberty of the church is -in danger and the true faith is perishing, because there is no one to -preach the word of God and care for souls. _The emperor's answer._ The -emperor wishes and desires that vacant bishoprics and other churches be -filled, but without infringement on the privileges and rights which his -predecessors have held. He has insisted less than his predecessors on -his privileges, and he has never opposed the filling of the vacant -churches. - -4. _The papal charge._ In regard to taxes and exactions which are -extorted from churches and monasteries contrary to agreement. _The -emperor's answer._ Taxes and dues are assessed on the clergy and -ecclesiastical persons, not because of their ecclesiastical property, -but because of their fiefs and other possessions. And this is in -accordance with the common law and is practised everywhere all over the -world. - -5. _The papal charge._ That prelates do not dare proceed against -usurers, because of an imperial edict. _The emperor's answer._ The -emperor has published a new general law against usurers, in accordance -with which they are condemned, and action may be brought against all -their possessions. And this law is read before all prelates, and they -are not prevented by it from proceeding against usurers. - -6. _The papal charge._ That clergymen are seized, imprisoned, -proscribed, and killed. _The emperor's answer._ He knows nothing about -any clergymen who have been seized and imprisoned, except that some have -been condemned by the decision of prelates, according to their crimes. -These have been surrendered to the imperial officials who have seized -them. He knows nothing about clergymen who have been proscribed except -that some have been charged with the crime of _lèse majesté_ and have -been proscribed from the kingdom. He knows nothing about any clergymen -who have been slain except those who were slain by other clergymen. The -church of Venusa is mourning the death of its prelate who was killed by -one of his monks. In the church of San Vincenzo one monk killed another. -But the monks and the clergy commit such crimes with impunity, and it is -the fault of the church that they escape all canonical punishment. - -7. _The papal charge._ Churches which are consecrated to the Lord are -profaned and destroyed. _The emperor's answer._ He knows nothing of such -churches, unless the pope means the church of Luceria; but it is said to -have fallen down of itself because of its great age. And the emperor -will not only permit it to be rebuilt, but he will give a good sum to -the bishop for its reconstruction. - -8. _The papal charge._ That he does not permit the church of Sorana to -be rebuilt. _The emperor's answer._ He will permit the church of Sorana -to be rebuilt, but not the town. It shall not be rebuilt as long as he -lives, because it was destroyed in accordance with a legal decision. - -9. _The papal charge._ That contrary to the agreement those who had -supported the church in the time of struggle between the pope and -emperor have been robbed of their goods and driven out of the country. -_The emperor's answer._ Those who adhered to the church in the time of -the struggle against the emperor are living in security in the kingdom, -except those who held some office and are afraid that they will be -compelled to give an account of it, and some others who have left the -kingdom to escape civil and criminal charges. The emperor will permit -them to come back in safety if they will give an account of their -conduct in office and respond to those who have entered suit against -them. But he will do nothing against them for having adhered to the -church. If the pope complains that the treaty of peace has not been -kept, let him remember that contrary to its terms and to the judgment of -nearly all the friars, he is holding the city of Castella. For keeping -this city to the detriment of the empire he is receiving money, although -the emperor has expended more than 100,000 silver marks in aiding him -against the Romans. From this the church has received great advantages, -for land has been taken from the Romans and restored to the church and -her liberties have been recovered and reformed in Rome through the help -of the emperor. - -10. _The papal charge._ That he has seized and now holds imprisoned the -nephew of the king of Tunis who wished to come to the pope to receive -baptism. _The emperor's answer._ That the nephew of the king of Tunis -was fleeing from Barbary to Sicily, not to receive baptism, but to -escape his uncle who was threatening him with death. He is not held -captive but is going about freely in Apulia, and although he is often -urged to be baptized, he steadfastly refuses. If however he wishes to be -baptized, the emperor will receive him with rejoicing. He has already -expressed himself in regard to this to the archbishops of Palermo and -Messina. - -11. _The papal charge._ That the church is humiliated and insulted by -the fact that Peter Saraceno, her faithful subject, and friar Jordan are -held captive. _The emperor's answer._ Peter Saraceno has been seized -because he is an enemy and detractor of the emperor. He has attacked the -emperor in Rome as well as elsewhere. He did not come on the business of -the king of England, but he carried a letter of the king in order that -if he were arrested we might be led to spare him. But we did not heed -this letter because the king did not know what snares this man had -prepared for us. In regard to the friar Jordan, although he had defamed -the emperor in his sermons, the emperor neither seized him nor ordered -him to be seized. But because some of the emperor's faithful subjects -knew the friar's character and his trickery, and so were sure that if he -stayed in the mark of Treviso and in Lombardy, he would injure the cause -of the emperor, the emperor caused him to be set free and would have -given him over to the archbishop of Messina, if he had been willing to -submit to the said archbishop. - -12. _The papal charge._ The emperor had stirred up sedition in Rome -against the church with the purpose of driving out the pope and his -cardinals, and, contrary to the privileges and rights of the pope, to -destroy the ecclesiastical liberties. _The emperor's answer._ The -emperor denies that he stirred up the sedition in Rome. But he has his -faithful subjects in Rome just as his predecessors, the Roman emperors -and kings of Sicily, had had. And sometimes at the election of senators, -the attempt was made to injure his subjects. Under these circumstances -he had assisted his subjects in their defence, and he would do so as -often as it should be necessary under similar circumstances. But when -the election of a senator took place harmoniously, there was no rioting, -as can be proved by the testimony of the archbishops of Palermo and -Messina. - -13. _The papal charge._ That the emperor had ordered his subjects not to -permit the papal legate, the bishop of Preneste, to pass through their -territory. _The emperor's answer._ The emperor had never even dreamed of -giving such an order, although he might justly have done so, because the -bishop was his enemy. Although he had been sent by the pope as a -religious man on a religious errand, he had nevertheless at the command -of the pope, as he said, in a treacherous and wicked manner led a large -part of Lombardy to revolt against the emperor and had done all he could -to incite the Lombards to rebellion. - -14. _The papal charge._ The cause of the crusade is delayed by him -through the quarrel which he has with certain Lombards, although the -church is ready to use all her powers to secure proper satisfaction from -the Lombards for what they have done against the emperor, and the -Lombards themselves are ready to make satisfaction. _The emperor's -answer._ He had often referred that matter to the church, but he had -never received any satisfaction. For the first time, the Lombards were -condemned to furnish 400 knights. But instead of sending them to aid the -emperor, as they should, the pope used them to make war on the emperor. -The second time, they were condemned to furnish 500 knights, but the -pope declared that they should not be sent to the aid of the emperor, -but that they should be sent on the crusade under the control and -protection of the pope and the church. But not even this was done. The -third time, at the request of the cardinals, the Sabine bishop and -_Magister_ Peter of Capua, the affair was again referred to the pope -exactly as the pope desired. But afterward the matter was never -mentioned again until the pope learned that the emperor, having been -deceived so many times about it, was preparing to lead an army from -Germany into Italy. And then the pope at once begged that the matter be -referred to him again. And although the emperor had so often been -deceived in submitting it to the pope, he nevertheless was willing to -submit it to him once more, but a time limit was set and it was -stipulated that it should be decided to the honor of the emperor and to -the advantage of the empire. But the pope was not willing to accept -these conditions, as may be proved by his letter, although he now says -that he was ready to decide the case in accordance with the rights and -honor of the empire. From this it is apparent that the pope's letters -are contradictory to each other. And let the pope not pretend that the -emperor, in trying to restore the rights of the empire in Italy, injured -the prospects of the crusade, for the letters which the emperor wrote in -answer to the kings of the world and to the crusaders in France, who had -chosen him as their leader, will show that he took charge of the crusade -and did not neglect it. He also wrote that he wished to conduct the -whole matter in accordance with the advice of the church.... Finally, -the emperor declared that since he had been absent from the kingdom and -did not know the exact condition of things, if anything had been done -injurious to the church, and had not yet been corrected, he would order -it to be set entirely right, and also because of the great general good -which would come if there were harmony between him and the church, he -would give the church any reasonable security that he would act in -harmony with her, and use all his powers and means for the honor and -advancement of the Christian church and for the preservation of her -liberties. - - - -144. The Excommunication of Frederick II, 1239. - - -Huillard-Bréholles, Hist. Dipl., I, pp. 286 ff; -Böhmer-Ficker-Winkelmann, no. 7226 a; Doeberl, V, no. 22 f. - -See introductory note to no. 143. - -1. By the authority of the Father, Son, and Holy Spirit, and of the -blessed apostles Peter and Paul, and by our own authority, we -excommunicate and anathematize Frederick, the so-called emperor, because -he has incited rebellion in Rome against the Roman church, for the -purpose of driving the pope and his brothers [the cardinals] from the -apostolic seat, thus violating the dignity and honor of the apostolic -seat, the liberty of the church, and the oath which he swore to the -church. - -2. We excommunicate and anathematize him because he ordered his -followers to prevent our brother, the venerable bishop of Preneste, the -legal legate, from proceeding on his mission to the Albigenses, upon -which we had sent him for the preservation of the Catholic faith. - -3. We excommunicate and anathematize him because he has not allowed the -vacancies in certain bishoprics and churches to be filled, thereby -imperilling the liberty of the church, and destroying the true faith, -because in the absence of the pastor there is no one to declare unto the -people the word of God or to care for their souls.... - -4. We excommunicate and anathematize him because the clergy of his -kingdom are imprisoned, proscribed, and slain, and because the churches -of God are despoiled and profaned. - -5. We excommunicate and anathematize him because he has not permitted -the church of Sorana to be rebuilt. - -6. We excommunicate and anathematize him because he has seized the -nephew of the king of Tunis and kept him from coming to the Roman church -to be baptized. - -7. We excommunicate and anathematize him because he has imprisoned Peter -Saraceno, a Roman noble, who was sent as a messenger to us by the king -of England. - -8. We excommunicate and anathematize him because he has seized the lands -of the churches of Ferrara, Pigogna, and Bondenum, and the dioceses of -Ferrara, Bondenum, and Lucca, and the land of Sardinia, contrary to the -oath which he swore to the church. - -9. We excommunicate and anathematize him because he has occupied and -wasted the lands of some of the nobles of his kingdom which were held by -the church. - -10. We excommunicate and anathematize him because he has robbed the -churches of Monreale, Cefalu, Catania, Squillace, and the monasteries of -Mileto, Santa Eufemia, Terra Maggiore, and San Giovanni in Lamæ. - -11. We excommunicate and anathematize him because he has robbed many -bishoprics, churches, and monasteries of his kingdom of almost all their -goods through his unjust trials. - -12. We excommunicate and anathematize him because he has not entirely -restored to the Templars and Hospitallers the property of which he had -despoiled them, as he agreed to do in the treaty of peace. - -13. Because he has extorted taxes and other payments from the churches -and monasteries of his kingdom contrary to the treaty of peace. - -14. We excommunicate him and anathematize him because he has compelled -the prelates of churches and abbots of the Cistercian and of other -orders to make monthly contributions for the erection of new castles. - -15. We excommunicate and anathematize him because he has treated the -adherents of the papal party as if they were under the ban, confiscating -their property, exiling them, and imprisoning their wives and children, -contrary to the treaty of peace. - -16. We excommunicate and anathematize him because he has hindered the -recovery of the Holy Land and the restoration of the Roman empire. - -We absolve all his subjects from their oaths of fidelity to him, -forbidding them to show him fidelity as long as he is under -excommunication. We shall admonish him again to give up oppressing and -injuring the nobles, the poor, the widows and orphans, and others of his -land, and then we shall proceed to act ourselves in the matter. For all -and each of these causes, in regard to which we have frequently -admonished him to no purpose, we excommunicate and anathematize him. In -regard to the accusation of heresy which is made against Frederick, we -shall consider and act upon this in the proper place and time. - - - -145. Current Stories about Frederick II. - - -Selections from Matthew of Paris, Chronica Majora; Rolls Series, III, -pp. 520 f, p. 527; IV, pp. 474, 634 f; V, pp. 99 f. - -A few passages from the chronicle of Matthew of Paris are offered to -illustrate the character of Frederick and to throw a little light on the -great struggle between him and the pope. The last paragraph is -particularly interesting because it indicates that the pope was becoming -conscious that he was meeting with national opposition. But he evidently -misjudged the strength of it. For after overcoming the empire, the -papacy was to succumb to the French king and be subservient to him for -seventy years. And the national opposition was to grow until it -culminated in the great rebellion which has had many stages but has -finally ended in the complete destruction of the temporal power of the -pope. - -It was about this time [1238] that evil reports became current, which -blackened the reputation of the emperor Frederick. It was said that he -questioned the catholic faith and that he had made statements that -showed not only that he was weak in the faith, but that he was indeed a -heretic and a blasphemer. It is not right even to repeat such things, -but it is reported that he said there were three impostors who had -deceived the people of their time for the purpose of gaining control of -the world, Moses, Jesus, and Mohammed, and that he made certain absurd -remarks about the eucharist. It is incredible that any sane man should -have uttered such terrible blasphemy. His enemies also said that he -believed more in the religion of Mohammed than in that of Jesus Christ, -and that he kept certain Saracen women as his concubines. There was a -common complaint among the people that the emperor had for a long time -been allied with the Saracens, and that he was more friendly with them -than with Christians. His enemies, who were always trying to blacken his -character, attempted to prove these statements by many evidences; -whether or not they have sinned in doing this, He alone knows who knows -all things.... In this year [1239], while the emperor was spending the -winter in Italy, he recovered certain important islands in the -Mediterranean just off the shore of Pisa, the most important acquisition -being the greater and more valuable part of the island of Sardinia, -which belonged to the patrimony of St. Peter. The emperor, however, -asserted that it belonged of old to the empire, that it had been taken -from the empire illegally by occupation and other wrongful measures and -that he now restored it to the empire. He said: "I have sworn, as is -known to all the world, to recover the dispersed parts of my empire; and -I shall give my best efforts to carrying out my oath." So he sent his -son [Enzio], in spite of the prohibition of the pope, to receive in his -name that portion of the island that had surrendered to him ... [1245]. -When Frederick heard that the pope had deposed him, he was terribly -enraged, and could scarcely contain himself for his wrath. Looking -fiercely on those who sat around him, he thundered forth: "That pope has -deposed me in his synod and has taken away my crown. Was there ever such -audacity; was there ever such presumption? Where are the chests that -contain my treasure?" And when these were brought and opened before him -at his command, he said: "See now whether my crowns are lost." Then -taking one of them and putting it on his head, he stood up, with a -threatening look, and spoke out in a terrible voice from the bitterness -of his heart: "I have not yet lost my crown, nor shall the pope and all -his synod take it from me without a bloody struggle. And has his -presumption been so boundless that he has dared to depose me from the -empire, me, a great prince, who have no superior, indeed no equal? So -much the better for my cause; for before this I was bound to obey him, -and to do him reverence, but now I am absolved from any obligation to -love or reverence him or even to keep peace with him." ... [1247]. When -Frederick heard of the acts of the papal legate in Germany, he was -bitterly enraged and sought everywhere for a means of wreaking vengeance -upon the pope. It was feared by some wise and thoughtful men that -Frederick in his wrath might turn apostate, or call in to his aid the -Tartars from Russia, or give the Sultan of Babylon, with whom he was on -the most friendly terms, the chance to overrun the empire with his pagan -hosts, to the destruction of all Christendom.... [1250]. Frederick -attempted to make peace with the pope, ... but the pope replied that he -would not restore the emperor to his former position on any such easy -terms, since he had been deposed and condemned by the general council of -Lyon. And some asserted that the pope desired above all else utterly to -crush Frederick, whom he called the great dragon, in order that he might -then destroy the kings of England and of France and the other Christian -kings (whom he spoke of as kinglets and little serpents), after he had -overawed them by making an example of Frederick, and thus be able to rob -them and their prelates at his pleasure. - - - - -IV. THE EMPIRE FROM 1250 TO 1500 - - - -146. Diet of Nürnberg, 1274. - - -M. G. LL. folio, II, pp. 399 ff; Altmann und Bernheim, no. 12. - -When Rudolf was elected king in 1273, he found that he had a crown but -no income. For during the interregnum (1254-73) the German princes, both -lay and clerical, had seized all the crown lands and revenues. Rudolf -was glad to be king, but his private income was not sufficient to -support his new dignity. Besides, he was of a miserly disposition, and -was bent on getting all out of the office that he could, or at least on -making the office pay for itself. So he demanded the surrender of the -lands and revenues which had been seized. But no one was willing to give -them up. Since Rudolf was compelled to enter suit against each one, it -was necessary to have some disinterested person to act as judge in all -such cases. The diet decided that this office of judge belonged to the -count palatine. - -As soon as the judge was decided on, Rudolf asked what he should do in -regard to these lands, and he was told that he must recover them. -Ottokar, king of Bohemia, had himself been a candidate for the crown, -and now refused to acknowledge the election of Rudolf. The diet decided -what should be done in the matter, and instructed Rudolf how he should -proceed against him. - -Paragraphs 5-9 reveal to a certain extent the troubled condition into -which Germany had been brought by the interregnum. - -1. During the meeting of the diet at Nürnberg, the princes came together -as a public court of justice, in the presence of the most serene lord, -Rudolf, king of the Romans, and attended by a large following of counts -and barons and a great multitude of nobles and common people. And first -the king asked them for a decision on the following question: who should -be judge in cases which involve imperial or fiscal property, and other -offences against the king or the realm, and in which the king of the -Romans makes accusation against a prince of the empire. It was decided -by all the princes and barons who were present that the count palatine -of the Rhine has, and has had from of old, the right to act as judge in -cases where the emperor or king accuses a prince of the empire. - -2. The aforesaid count palatine then took his place as judge and the -king asked for a decision on this question: what might and should the -king do in regard to the property, now held by others, which the former -emperor Frederick [II] had held and possessed in peace and quiet before -he was deposed by the princes, and in regard to other imperial property -wrongfully withheld from the empire. It was decided that the king ought -to lay claim to such property and recover it; and that if anyone should -resist the king in his attempt to recover his own, he should use his -royal power to overcome this illegal resistance to authority and to -preserve the rights of the empire. - -3. The king asked, in the second place, what the law was in the case of -the king of Bohemia, who had wilfully allowed more than a year and a day -to elapse from the day of the coronation [of Rudolf] at Aachen without -seeking to be invested with his fiefs by the king of the Romans. It was -decided by all the princes and barons that whenever anyone, by his own -neglect or contumacy and without just excuse, failed to seek investiture -of his fiefs within a year and a day, all his fiefs were forfeited by -the mere lapse of time. - -4. In the third place, the king asked them how he should proceed to -punish the contumacy of the king of Bohemia. It was decided that the -count palatine of the Rhine should send a freeman to summon the king of -Bohemia to appear before the count palatine at a certain place and on a -certain day, which should be six weeks and three days from the day when -the decision was rendered, and to answer the accusation of contumacy -brought against him by the king. If the freeman who was chosen to carry -the summons swore that he did not dare appear before the king of Bohemia -or enter his lands because he had good grounds to fear personal injury, -it would then be sufficient for the diet to pass an edict summoning the -king of Bohemia and for the count palatine to proclaim this summons -publicly in the city or town of his that was nearest to the kingdom of -Bohemia. To allow this matter to be settled in an orderly way, however, -eighteen days in addition to the original six weeks and three days were -to be allowed for the answer to the summons, so that the king of Bohemia -should appear before the count palatine at Würzburg nine weeks from the -19th of November, that is, on the 20th of January; otherwise he should -be proceeded against according to the law. - -5. It was decided also that the king of the Romans ought to take -cognizance of all civil and criminal cases arising on and after the day -of his coronation, and of all civil cases (_i.e._, those involving -inheritances, fiefs, possessions, and property) arising even before his -coronation, if they had not been settled by decision of the court, by -compromise, or by some amicable agreement. - -6. In regard to wrongs which date from the quarrel between the empire -and the papacy in the days of the emperor Frederick (seizure of -property, injuries, and damages committed by one party against the -other), the king proposes to confer with the pope and to try to reach -some agreement with him that shall be just to both parties. - -7. The king urges and requests all those who have seized or burned or -destroyed the property of others during the time from the death of -emperor Frederick to the coronation of the king [_i.e._, Rudolf], to -make compensation and come to some amicable agreement with those whom -they have injured; and he also requests the injured not to refuse to -accept such arrangement. If the parties cannot agree, the king will -himself decide the cases. This does not refer, however, to public -plunderers of churches and holy places, or to those who have made open -war, all of whom are to be brought to justice immediately. Likewise all -cases pending before the king or his officials ought to be settled -within a reasonable time. - -8. It was decided also that summonses and decrees issuing from the court -or from royal officials should be written and sealed with the seal of -the judges, and that such documents should be in themselves sufficient -evidence of the fact of the summons without further proof, and that not -more than six coins of Halle or their equivalent should be exacted for -the serving of the summons. - -9. The king also notified all advocates who had used their office as a -pretext for oppression to come to some agreement with those whom they -had injured, and not to exact or demand in the future more than is due -from those for whom they act as advocates. Otherwise they will be -brought to trial for their injustice. - -10. He also decreed that _phalburgii_{76} should not be allowed to live -in any imperial city. - - -{76} For the meaning of this term see no. 139, paragraph 10. - - - -147. The German Princes Confirm Rudolf's Surrender of all Imperial -Claims in Italy, 1278-79. - - -M. G. LL. folio, II, pp. 421 f. - -Rudolf saw clearly that the policy which the German kings had followed -with regard to Italy had led to their ruin. He determined to give up -this fatal policy, and to devote himself to the acquisition of lands and -power in Germany. Accordingly he acknowledged all the papal claims in -Italy, thus surrendering all for which the emperors had fought for the -last 200 years. Contenting himself with what seemed obtainable, he -gracefully acknowledged the defeat and failure of his predecessors, and -struck out a new policy for himself (see no. 150). The princes confirmed -his agreement with the pope by this document. Notice that the princes -use the figures of the two luminaries and the two swords, accepting the -papal interpretation (see no. 114). - -We, the princes of the empire, to all to whom these presents come. The -holy Roman church has always borne a special love for Germany, and has -given her a name which in secular affairs is above the name of every -other power on earth [_i.e._, the name of the empire]; she has -established the princes in Germany, like rare and beautiful trees in a -garden, watering them with her special favor, and they [the princes], -supported by the church, have brought forth wonderful fruit; namely, the -ruler of the empire who is produced by the election of the princes. He -[the emperor] is that lesser luminary in the firmament of this world -which shines by the reflected light of the great luminary, the vicar of -Christ. He it is who draws the material sword at the command of the -pope, to support the spiritual sword which the shepherd of shepherds -uses to guard his sheep, and he wields it to restrain and correct -evil-doers and to aid the good and the faithful. Now we desire that all -occasion of dissension and strife should be avoided, that the two swords -should work together for the reformation of the whole world, and that -we, the princes, who are bound to support both the church and the -empire, should be recognized as lovers of peace. Therefore we approve -and ratify all concessions, renewals, and new grants made by our lord -Rudolf, by the grace of God king of the Romans, Augustus, to our most -holy father and lord, pope Nicholas III, and to his successors, and to -the Roman church; in particular, the fidelity, obedience, honor, and -reverence to be paid to the popes and to the Roman church by the -emperors and kings of the Romans; the possessions, honors, and dignities -of the Roman church; including all the land from Radicofano to Ceperano, -the march of Ancona, the duchy of Spoleto, the lands of the countess -Matilda, the city of Ravenna, the Emilia, with the cities of Bobbio, -Cesena, Forlimpopoli, Forli, Faenza, Imola, Bologna, Ferrara, Comacle, -Adria, Gabello, Rimini, Urbino, Montefeltre, the territory of Balneum, -the county of Bertinoro, the exarchate of Ravenna, the Pentapolis, Massa -Trabaria, and the adjacent lands of the church, with all the boundaries, -territories, islands, land, and water, belonging to the aforesaid -provinces, cities, territories, and places; also the city of Rome and -the kingdom of Sicily, including its possessions on the mainland and on -the island of Sicily; also Corsica and Sardinia, and all other lands and -rights belonging to the church.... - - - -148. Revocation of Grants of Lands Belonging to the Imperial Domain, -1281. - - -M. G. LL. folio, II, p. 435; Altmann und Bernheim, no. 14. - -Rudolf's efforts to secure the crown lands which had been seized during -the interregnum (see introductory note, no. 146) were not successful. -The princes often voted that he should recover them, but each one -refused to give up those which he himself held. In spite of his -continued efforts, Rudolf was unable to regain any large part of them. - -We, Rudolf, by the grace of God, etc., by this document, declare and -publicly proclaim that while we were holding court in a regular diet at -Nürnberg, a decision was rendered and all our princes, nobles, and other -faithful subjects who were present agreed to it. This decision was that -all gifts of imperial lands and possessions confirmed or made in any way -by Richard the king, or his predecessors in the Roman empire since the -sentence of deposition was passed on Frederick II shall be invalid, and -are hereby revoked, except those that shall be approved by a majority of -the electoral princes. - - - -149. An Electoral "Letter of Consent," 1282. - - -Stillfried und Maerker, Monumenta Zollerana, II, p. 138; Altmann und -Bernheim, no. 15. - -The power of the electors as well as the weakness of the crown after -1273 are shown by the fact that the electors compelled the king to -secure their express and written consent before taking any important -action. By this means the electors hoped to control the policy of the -king and to make their own positions secure. If what the king proposed -to do was not to their interest, they made him pay well for their -consent. We give here an interesting example of these "letters of -consent." - -Werner, by the grace of God archbishop of Mainz, etc. Desiring always to -comply promptly with the wishes of our most serene lord, Rudolf, king, -etc., we entirely and freely give him our permission to grant as a fief -the villages of Lenkersheim, Erlebach, and Brucke, with all their -belongings, to Frederick, the burggrave of Nürnberg, whenever he wishes. - - - -150. Letter of Rudolf to Edward I, King of England, Announcing his -Intention of Investing his Sons with Austria, etc., 1283. - - -Rymer, Foedera, II, p. 259. - -Rudolf's chief policy was the aggrandizement of his family. By all -possible means he endeavored to acquire lands in such a way that they -would remain in the possession of his family, no matter who should be -elected as his successor. This document is interesting as throwing light -on his ambitious foreign relations, but it is still more important -because it speaks of a great event in the good fortunes of the Hapsburg -house, namely: the acquisition of the duchies of Austria, Styria, and -Carinthia, the territorial basis for its future greatness. See no. 110, -for the origin of the duchy of Austria. - -To the magnificent prince, Edward, by the grace of God king of England -and our dearest friend, Rudolf, by the same grace king of the Romans, -Augustus, a perpetual increase of love and friendship. Although the -Emperor of the eternal empire, the creator of all things, has stricken -our heart with an incurable wound in the death of our beloved son -Hartmann, by whose marriage our two houses were to be bound together in -an eternal bond of friendship, yet, for our part, his death has not put -an end to our friendship for you, as we are eager to demonstrate in -every way. Therefore we have thought it right to inform you that we are -prospering in all things, and have been successful in securing the -consent of the electors to our plans for raising our sons to the rank of -princes and investing them with the duchies of Austria, Styria, and -Carinthia. - - - -151. Decree against Counterfeiters, 1285. - - -M. G. LL. folio, II, p. 446. - -Since so many individuals, cities, and monasteries had the right to coin -money, it was impossible to keep effective control of the coinage. It -was inevitable that it would in the course of time be debased. During -the interregnum this abuse seems to have grown rapidly. - -Rudolf, etc., to all the faithful subjects of the holy Roman empire to -whom these presents come, grace and every good thing. In the court over -which we presided, held at Mainz on the day of the blessed Virgin -Margaret, we asked the princes, counts, nobles, ministerials, and other -faithful subjects of our empire who were present, what should be the -penalty for coiners of false money, for those who pass false money or -knowingly have it in their possession, and for the lords who protect -such persons in their castles. It was decided that the coiner of false -money should be decapitated; that he who passed false money or knowingly -had it in his possession should lose his hand, and that the lord who -protected a coiner of false money should suffer the same penalty as the -coiner. - - - -152. The Beginning of the Swiss Confederation, 1290. - - -Kopp, Urkunden zur Geschichte der eidgenössischen Bünde, no. 19. - -The Swiss confederation had its beginning in the following league which -the three forest cantons, Uri, Schwyz, and Unterwalden, made in 1290. It -is in itself, however, a renewal of a still older league, the history of -which is unknown to us. This document reveals the fact that these -cantons were not entirely independent, but were subject to some external -power. For instance, they did not choose or create their own judges, but -received them from some one whom they recognized as their lord. The next -document, no. 152 a, shows that unfree men, probably ministerials, had -been put over them as judges. - -In the name of the Lord, amen. It is a good thing for the public utility -if communities agree to preserve order and peace. Therefore let all know -that the men of the valley of Uri, and the community of the valley of -Schwyz, and the commune of those who live within the mountains of the -lower valley [Unterwalden], considering the dangers that threaten them, -and in order to be better able to defend themselves and their -possessions, have, in good faith, promised mutually to assist each other -with aid, counsel, and support, and with their persons as well as their -possessions, with all their power and with their best effort, within the -valley and without, against each and all who may try to molest, harm, or -injure any of us in our persons or in our possessions. Each commune -promised to aid the others whenever it should be necessary, and at its -own expense to assist the others in repelling the attacks of their -enemies and in avenging their injuries. The three cantons took oath that -they would do these things without treachery. - -We hereby renew the ancient agreement which has existed among us. (1) -Each man, according to his condition, shall be bound to obey his lord -and to serve him in the proper manner. (2) We unanimously promise, -decree, and ordain that in the aforesaid valleys we will not receive any -judge who has bought his office in any way, or who is not an inhabitant -of the valley. (3) If a dispute arises among us, the more prudent among -us shall meet and settle it as seems best to them. If anyone refuses to -accept their decision we will all assist in enforcing it. (4) Above all, -we decree that whoever treacherously and without good reason kills -another shall be taken and put to death, unless he can prove his own -innocence and a grave offence of the other. If the murderer runs away, -he shall never be permitted to return to the valley. All who receive or -protect such a malefactor shall be driven out of the valley until the -people agree to permit them to return. (5) If anyone, by day or night, -secretly and maliciously burns the house of another, he shall never -again be regarded as a citizen of the valley. And if anyone protects or -defends such a malefactor within the valley, he shall make proper -satisfaction to him whose house was burned. (6) If anyone seizes the -property of another, his own possessions, if they are in the valley, -shall be seized for the purpose of rendering just satisfaction to him -whose property was taken. (7) No one shall take the property of another -as a pledge [security], unless he is bondsman for him, or the latter is -clearly his debtor, and then only with the special permission of the -judge. (8) Each one must obey his judge, and, if necessary, must tell -the name of the judge before whom he must answer. (9) If anyone resists -the decision of the judge and thereby causes damage to another, we are -all bound to assist in compelling him to make proper satisfaction to him -whom he has injured. (10) If war [feud] or a quarrel arises between any -of us, and one of the parties refuses or neglects to secure its justice -or to render satisfaction, we are all bound to defend the other party. - -As an evidence that these statutes shall be binding forever this present -document was made at the request of the aforesaid inhabitants and sealed -with the seals of the three communities. - -Done in the year of our Lord 1290, at the beginning of August. - - - -152 a. Edict of Rudolf, Forbidding Judges of Servile Rank to Exercise -Authority in Schwyz, 1291. - - -M. G. LL. folio, II, p. 457. - -The free peasants of the Swiss cantons had a serious ground of complaint -in the fact that feudal lords made use of their ministerials in the -administration of justice. Being themselves freemen, the peasants of -Schwyz objected to being tried and judged by men of unfree rank, as the -ministerials were. See nos. 296 and 297. - -Rudolf, by the grace of God king of the Romans, Augustus, to all the -freemen of Schwyz, his beloved subjects, grace and every good thing. We -regard it as unfitting that any person of servile condition should be -made a judge over you. Therefore, by our royal authority expressed in -this letter, we decree that no one of servile condition shall ever in -the future exercise the authority of a judge over you. - - - -153. Concessions of Adolf, Count of Nassau, to the Archbishop of Cologne -in Return for his Vote, 1292. - - -Ennen, Wahl des Königs Adolf von Nassau, pp. 56 ff; Altmann und -Bernheim, no. 16. - -Candidates for the royal crown in Germany were compelled to practise -bribery in the most open and shameless manner. Each elector was -determined to get as much as he could for his vote, in one way or -another, and so demanded a great variety of things from the candidate. -We give the agreement which Adolf, count of Nassau, was compelled to -make with the archbishop of Cologne in 1292. Of course he had to pay, or -at least promise to pay, something to each of the other electors. An -analysis of each paragraph will make clear the advantages which the -archbishop sought to obtain from Adolf in return for his vote. - -The archbishop of Cologne had followed a policy of territorial -expansion. The great commercial interests of his city made it desirable -that it should control the water-way to the sea and, if possible, a part -of the coast-line. So Siegfried attempted to get possession of the lands -which lay to the north and northwest, between Cologne and the sea. This -brought him into conflict with the dukes of Brabant, and led to a war. -In the battle of Worringen, June 6, 1228, the archbishop was defeated, -taken prisoner, and held as a captive for eleven months. During his -captivity his enemies took many of his possessions from him. In addition -to these misfortunes the people of Cologne rebelled against him, and -seized his castles, lands, and revenues. When he was finally released -from captivity, he found himself in a bad plight. He was without troops, -his castles were either destroyed or in the hands of his enemies, and -the gates of his city were closed against him. This explains many of the -things which he demanded of Adolf. - -Otto "with the arrow," the margrave of Brandenburg (d. 1309), received -his title in a curious way. He made war on the archbishop of Magdeburg, -and in a battle was struck on the head with an arrow. The point of the -arrow could not be removed, but remained in his head for more than a -year. On this account he was afterward called Otto "with the arrow." - -We, Adolf, by the grace of God count of Nassau, etc. Long before the -empire was made vacant by the death of Rudolf, king of the Romans, we -had vowed to God to go on a crusade, if it were possible, and to render -a pleasing service to God for the remission of our sins. Now we could do -much more for the honor of God and the recovery of the holy land, if we, -although unworthy, were elected king of the Romans. Since our reverend -father, Siegfried, archbishop of Cologne, is laboring for our election -and will vote for us, of our own free will and accord we promise and -bind ourselves by our word of honor and by our oath to do the following -things: - -(1) If we are elected king of the Romans, we will protect and defend the -church and all ecclesiastical persons in all their rights and liberties, -and if damage is done them, we will endeavor to make it good. And we -promise this especially of the church of Cologne, which has now for a -long time been suffering from her heavy losses and misfortunes. - -(2) Even if the other electors do not vote for us, we will accept the -election at the hands of the archbishop of Cologne, and we will never -give up the right to the crown which his vote gives us. - -(3) And because the empire cannot prosper if the holy church of Cologne, -which has suffered so many losses and misfortunes, is not first restored -by the aid of the empire, we promise and of our own free will and accord -bind ourselves by our word of honor and by our oath that if the -archbishop votes for us, we will surrender to him and to his successors -and to the church of Cologne the fortresses and strongholds, Cochem, -Wied, Landskrone, Sinzig, Duisburg, and Dortmund, in order that he may -better defend and preserve the right of the realm and of the empire in -those parts, and also the rights of the church of Cologne, against their -enemies and opponents. We will free these places from the claims of -those who now hold them, and we will give them, with all their rights, -income, jurisdiction, tolls, and belongings, to be held and possessed by -the said archbishop and his successors and the church of Cologne as long -as we live. And we will never demand them, or any part of their income, -of the archbishop as long as we live. We grant all their income, tolls, -and profits during our reign to the archbishop in return for his -services in holding them against our enemies and those of the empire. We -reserve for ourselves only the free right to enter the said places -whenever it may be necessary. - -(4) The said archbishop and the church of Cologne had pawned their -castles, Leggenich, Wied, Waldenburg, Rodenburg, and Aspel, to count -Adolf de Monte for a certain sum of money in order to liberate the -archbishop from captivity; but the Roman church had ordered the said -count under threat of excommunication and interdict to restore freely -and entirely the said castles to the archbishop and his church and had -commissioned Rudolf, the late king of the Romans, to see that he did so. -We promise therefore that we will compel count Adolf and his heirs to -surrender the said castles and the village of Deutz to the archbishop -and his church without any loss and without the payment of any money. - -(5) We also promise to restore to the said archbishop the advocacy and -jurisdiction in Essen, and the manors of Westhoven, Brakel, and -Elnenhorst, and we guarantee to him the peaceable possession of them. - -(6) We also promise to maintain the archbishop and his successors in the -possession of the castles Wassenberg and Leidberg, and we will aid them -against the duke of Brabant and the count of Flanders and all others who -may attempt to invade and seize these possessions. - -(7) If the archbishop or his successors and the church of Cologne wish -at their own expense to rebuild the castles, Worringen, Ysenburg, Werl, -Minden, Ravensberg, Volmarstein, Hallenberg, and the other castles of -the church of Cologne which were destroyed during the captivity of the -archbishop, we promise to resist all violence offered them while doing -so, and we will use our royal power against those who try to prevent -them from rebuilding them. - -(8) We also promise to confirm the archbishop in the possession of the -tolls at Andernach and Rheinberg, and we will renew all the grants which -have been made by emperors and kings to the said church. - -(9) We also promise to restore to the archbishop and the church of -Cologne the castle and possessions at Zelten, of which the archbishop -was deprived during his captivity by the count of Veldenz. - -(10) We also promise to compel the citizens of Cologne to make the -proper satisfaction to the archbishop and the church of Cologne for -their offences against the archbishop. They have now been excommunicated -a year and a day and their offence is notorious, and if they do not make -the proper satisfaction to the archbishop, we will, at the request of -the archbishop and the church of Cologne, proscribe the citizens and -confiscate their property. And we will labor with all our might and at -our own expense to aid the archbishop and his successors and the church -of Cologne against the citizens and all who aid them. We will not cease -to make war on them nor will we make a peace, truce, or agreement with -them without the consent of the archbishop, and in such matters we will -follow his wishes. - -(11) We also promise that if the citizens submit to the archbishop, or -are subjected by him, we will not in any way interfere in the affairs of -the city, nor will we require an oath of fidelity and homage from the -citizens, because the city belongs completely to the archbishop and he -has jurisdiction over it in all matters both spiritual and temporal. - -(12) We also promise to renew and confirm to the archbishop and the -church of Cologne their protection of the monastery of Corvey, which was -granted them by Rudolf, king of the Romans, and we will recover for the -church of Corvey all the castles and strongholds which have been -violently taken from her. - -(13) We promise to give the archbishop and the church of Cologne 25,000 -silver marks toward defraying the necessary expenses which he and the -church of Cologne are bound to have in performing the services which -they owe to the empire. - -(14) In order to secure the observance of these promises, we agree to -get the castles, Nassau, Dillenburg, Ginsberg, and Segen, with the full -consent of count Henry, his wife, and his brother, Emicho, and also -Braubach, Rheinfels, Limburg, and the castle and town of Velmar, with -the consent of their lords and their heirs, and we will put all these -places into the hands of the archbishop, his successors, and the church -of Cologne, to be held at our expense. We will name fifty nobles and -knights as good and legal security, and if the archbishop wishes, we -will go into Bonn with these fifty nobles within fifteen days, and we -will not leave Bonn until each and all of these promises have been -fulfilled, or security given that they will be fulfilled to the -satisfaction of the archbishop. - -(15) We also agree that if we act contrary to these our promises, or -fail to give the archbishop security, we shall thereby be deposed and we -shall lose the kingdom to which we have been elected, and in that case -we will renounce all claims upon the realm which we acquired by the -election. And the electors shall proceed to elect another king, if the -archbishop thinks it best. - -(16) We will not demand the coronation, or consecration, or -installation, in Aachen from the archbishop, nor in any way trouble him -about it until we have given him full security that we will do all that -we have promised. - -(17) We likewise cancel the debt which the archbishop owes us on account -of the tolls at Andernach, which he had pawned to us. - -(18) We further promise to call before our court the trial which is -pending between the archbishop and the count of Nassau for the recovery -of losses and damages, and we will decide it according to the desire of -the archbishop. - -(19) We also promise to seek the favor and friendship of Otto "with the -arrow," the margrave of Brandenburg, for the archbishop and the church -of Cologne, as well as the favor of count Otto of Everstein. - -(20) If the children of the late William, brother of Walram, who is now -count of Jülich, bring suit or make war on the present count, Walram, -for the possession of the county and other possessions, we will assist -count Walram. And we will aid him against the duke of Brabant, the count -of Flanders, and others who may make war on him. - -(21) We will give the said count Walram the town of Düren as long as we -live. - -(22) The office of _Schultheiss_ of Aachen, with all the rights of that -office, we will give to whomsoever the archbishop may choose. - -(23) Rudolf, king of the Romans, was in debt to the father of the said -count, Walram, and had given him his note. In regard to this debt we -will consult our friends and the archbishop, and we will do what is -right and in some way satisfy the count. - -(24) We also promise that so long as we live we will be favorable and -friendly to the archbishop and the church of Cologne, and we will aid -them against their enemies, and, without the consent of the archbishop -and his successors, we will never take the counts of Monte and Marka, or -the duke of Brabant, or other enemies of the church of Cologne into our -counsel and confidence. - -(25) In testimony of this we have affixed our seal to this writing. - -(26) We, John, lord of Limburg; Ulric, lord of Hagenau; Godfrey of -Merenberg, and John of Rheinberg, at the command of count Adolf, have -sworn and promised that we will compel the said count Adolf to fulfil -each and all of these promises without treachery and fraud. And we have -affixed our seals to this document. - -(27) Besides we, Adolf, promise under threat of the aforesaid -punishments, that we will not enfeoff anyone with the duchies of Austria -and Limburg, which have reverted to the crown, nor will we make any -disposition of them without the express and written consent and -permission of the archbishop. - - - -154. The Archbishop of Mainz is Confirmed as Archchancellor of Germany, -1298. - - -De Guden, Codex Diplom., I, pp. 904 f; Altmann und Bernheim, no. 18. - -The archbishop of Mainz had long been the archchancellor of Germany, but -nearly all the duties of the office were performed by others. Although -his office had become a sinecure, he wished to retain it, because of the -dignity which the title gave him, as well as the income of it. The -archbishop of Mainz had been a determined opponent of the Hapsburg party -in 1292, and again in 1298, when Adolf was deposed, he was not at first -favorable to the candidacy of Albert. He may have feared that Albert, in -a spirit of revenge, would attempt to deprive him of his office, or at -least of some of its perquisites. - -Albert, by the grace of God, king, etc. We remember with gratitude how -ably and faithfully Gerhard, the venerable archbishop of Mainz, labored -to elect us king and supported us after we were elected. For this we -surely ought not only to protect him and his church in their liberties, -rights, and prerogatives, but also to show him still greater kindness -and favors. We therefore declare that the aforesaid archbishop and all -his successors in the archbishopric are and ought to be archchancellors -of the holy empire in Germany. And we faithfully promise and bind -ourselves by this document to maintain, defend, and protect the said -archbishop and his successors in the rights, honors, dignities, and -liberties which belong to them because of their office as -archchancellor. That is, they shall always receive a tenth of all the -money which we collect from the Jews, and they shall always appoint the -chancellor to take their place [and do the work of their office], and -they shall have all the profits accruing from this office, whether the -said archbishops are actually present at our court or not. - - - -155. Declaration of the Election of Henry VII, 1308. - - -M. G. LL. folio, II, p. 491; Altmann und Bernheim, no. 19. - -This document shows the last step in the election of a German king. -After all the electors had discussed the candidates and expressed their -choice, the count palatine of the Rhine may be said to have cast the -vote of the whole body of electors for the candidate upon whom they had -agreed. - -In the name of the Father, Son, and Holy Spirit, amen. The kingdom and -the empire of the Romans having become vacant by the death of Albert, -king of the Romans, of blessed memory, notices were sent to all who have -the right to vote in the election of a new king of the Romans, and on -the day set all those who have any part in it were present and agreed to -proceed to the election. And after each of the electors had declared his -choice it appeared that all had given their votes for Henry, count of -Luxemburg, agreeing upon him and naming him as king-elect, because they -were confident from what they knew of his merits and his fidelity that -he would defend and foster the holy Roman and universal church in her -spiritual and temporal interests and would govern wisely the empire with -the aid of God. Now, therefore, I, Rudolf, count palatine of the Rhine, -for myself and my coelectors, by the authority which they have specially -conceded to me do elect this Henry, count of Luxemburg, king of the -Romans, advocate of the holy Roman and universal church, and defender of -widows and orphans, and I invoke upon him the grace of the Holy Spirit. - - - -156. The Supplying of the Office of the Archchancellor of Italy, 1310. - - -Lacomblet, Urkundenbuch für die Geschichte des Niederrheins, III, p. -70; Altmann und Bernheim, no. 20. - -The archbishop of Cologne as archchancellor of Italy wished to enjoy the -honors and revenues of his office, but the work connected with it was -done by some one else. For some reason he did not wish to go into Italy -with the king. So Henry VII confirmed him in his rights, and excused him -from accompanying him. - -Henry, by the grace of God king of the Romans, Augustus, to all present -and future subjects of the holy Roman empire, grace and every good -thing.... Henry, venerable archbishop of Cologne, archchancellor of the -empire for Italy and our very dear prince, has excused himself from -accompanying us across the Alps, whither, God willing, we are shortly -going, because he is so occupied with our affairs here and with the -interests of the empire and of his own church. Therefore, at his -request, we have appointed a suitable person to accompany us in his -place, and to exercise the office of chancellor in Italy for him, -guarding the seals and performing such other duties as the office may -require. We have also granted to the archbishop as a special grace, -because of his conspicuous merits, that the honor, authority, and -profits of the office shall belong entirely to him and to his church of -Cologne. He whom we have put in charge of the office shall perform the -duties of the chancellor in Italy in the place of the archbishop, and -all persons shall obey him in all matters regarding the rights and -revenues belonging to the archbishop of Cologne and shall appear before -him at the accustomed place and time. - - - -157. The Law "Licet Juris" of the Diet of Frankfort, August 8, 1338. - - -Altmann und Bernheim, no. 27. - -John XXII had declared, in his struggle with Ludwig the Bavarian, that -he had the right to confer the imperial crown, and to administer the -empire during a vacancy. His broad claims offended the German people and -led to a spirited but brief exhibition of national sentiment. The -electors met at Rense, 1338, and emphatically declared that the imperial -crown was not in any way dependent on the will of the pope, but that he -whom they elected king of Germany was thereby made emperor without any -action on the part of the pope. A few days later a diet was held at -Frankfort, and the decision of the electors at Rense was enacted as a -law. But it must be said that the electors themselves nullified it by -appealing to the pope for aid when they deposed Ludwig and elected -Charles IV (1346-7). - -Both the canon and the civil law declare plainly that the dignity and -authority of the emperor came of old directly from the Son of God, that -God has appointed the emperors and kings of the world to give laws to -the human race, and that the emperor obtains his office solely through -his election by those who have the right to vote in imperial elections -[the electors], without the confirmation and approval of anyone else. -For in secular affairs he has no superior on earth, but rather is the -ruler of all nations and peoples. Moreover, our Lord Jesus Christ has -said: "Render unto Cæsar the things which are Cæsar's, and unto God the -things which are God's." Nevertheless, certain persons, blinded by -avarice and ambition, and totally ignorant of the Scriptures, have -distorted the meaning of certain passages by false and wicked -interpretations, and on this basis have attacked the imperial authority -and the rights of the emperors, electors, and other princes and subjects -of the empire. For they wrongfully assert that the emperor derives his -position and authority from the pope, and that the emperor elect is not -the real emperor until his election is confirmed and approved, and he is -crowned by the pope. These false and dangerous assertions are clearly -the work of the ancient enemy of mankind, attempting to stir up strife -and discord, and to bring about confusion and dissensions among men. - -In order to prevent this we now declare by the advice and with the -consent of the electors and other princes of the empire, that the -emperor holds his authority and position from God alone, and that it is -the ancient law and custom of the empire that he who is elected emperor -or king by the electors of the empire, thereby becomes true king and -emperor of the Romans, and should be obeyed by all the subjects of the -empire, and has full power to administer the laws of the empire and to -perform all the functions of the emperor, without the approval, -confirmation, authorization, or consent of the pope or any other person. - -Therefore, we decree by this perpetual edict that the emperor elected by -the electors or a majority of them is to be regarded and considered by -all to be the true and lawful emperor, by reason of the election alone; -that he is to be obeyed by all subjects of the empire; and that he has, -and all must hold and assert that he has, the complete imperial power of -administration and jurisdiction. If anyone contradicts these decrees and -decisions or any one of them, or agrees with those who contradict them, -or yields obedience to the commands, letters, or instructions of -opponents of these decrees, we hereby deprive him and declare him to be -deprived, by virtue of his act and of this law, of all fiefs which he -holds of the empire, and of all favors, jurisdiction, privileges, and -immunities which have been granted to him by us or by our predecessors. -Moreover, we declare that he is guilty of offence against the majesty of -the emperor, and subject to the penalties incurred by this offence. - - - -158-159. The Diet of Coblenz, 1338. - - -158. Chronicle of Flanders. (French.) - - -Böhmer, Fontes rerum Germanicarum, I. pp. 190 f. - -The name of the empire was still something to conjure with, although it -was little more than a name. Not only had the emperors long since ceased -to exercise any authority over the nations of Europe, but they had also -become mere figure-heads in Germany and Italy. Ludwig of Bavaria was not -only cowardly and ineffectual, but he was also without the means -necessary to secure a vigorous forcible government in Germany. Even the -thought of his disposing of the French crown, or interfering effectively -in the affairs of France, was absurd. These two documents show that the -idea of the worldwide empire lived on, and illustrate the way in which -otherwise sensible men could make use of it when it suited their -purpose. Edward III, who was just beginning the Hundred Years' War, was -seeking allies against France. In securing an alliance with the emperor -and the appointment as imperial vicar in the Netherlands, his purpose -was to acquire the right to call on the nobles of that territory to aid -him in his war. - -How the emperor, wearing the imperial insignia, held a diet. - -The Saturday before the Nativity of our Lady, in September of the year -of grace 1338, the electoral princes of Germany came together at -Coblenz, and there they held a diet, placing the emperor, Ludwig of -Bavaria, upon a throne twelve feet high. The emperor wore a robe of -changeable silk, and over it a mantle, and broad fanons on his arms. He -wore a stole, crossed on his breast like that of a priest and richly -embroidered with his arms; and on his feet he wore shoes made of the -same cloth as his robe. On his head he wore a round mitre surmounted by -a heavy golden crown; the crown was covered with flowers worked in gold, -and in the front was a cross of gold which overtopped the flowers. He -wore white silk gloves on his hands and precious rings on his fingers. -In his right hand he held a golden globe surmounted by a cross, and in -his left a sceptre. At the right of the emperor sat the margrave of the -East Mark and of Meissen, to whom the emperor gave the globe to hold. -The king of England sat beside the emperor on a lower throne, clad in a -scarlet robe, on the breast of which a castle was embroidered. At the -left of the emperor sat the margrave of Jülich, to whom the emperor gave -the sceptre to hold. Two steps below the emperor sat the electoral -princes of the empire. Sire de Kuck, representing the duke of Brabant, -stood behind the emperor, about two feet above him, holding a naked -sword. And the emperor, seated on the throne and holding a diet, -proclaimed to all by the words of his own mouth that he had created the -king of England his vicar and lieutenant. - - - -159. Chronicle of Henry Knyghton. - - -Böhmer, Fontes rerum Germanicarum, I, pp. 191 f. - -See introductory note to no. 158. - -When the emperor learned of the approach of king Edward, he set out from -his place to meet him, and after travelling four days he met him near -Coblenz, receiving him there with great honor. Two richly decorated -thrones were set up in the market-place, and on these the emperor and -the king sat. There were present in attendance four dukes, three -archbishops, six bishops, and thirty-seven counts, besides a great -number, estimated by the heralds at 17,000, of barons, baronets, -knights, and others. The emperor held in his right hand the imperial -sceptre, and in his left the golden globe as a symbol of world-wide -authority. A certain knight held a drawn sword above his head. And the -emperor in the presence of the people gathered there proclaimed to all -the crimes, disobedience, and wickedness of the king of France. And -after he had declared that the king of France had broken his faith to -the emperor, he published a decree of forfeiture against him and his -followers. Then the emperor made king Edward his vicar and gave him -authority over the land from Cologne to the sea, presenting him with a -charter of this in the sight of all the people. - -On the next day the emperor and the king of England and their nobles -assembled in the cathedral, and the archbishop of Cologne said mass. And -after mass the emperor and all his nobles swore to aid the king of -England and to maintain his quarrel against the king of France with -their lives for seven years, if the war between the said kings should -last so long. They also swore that all the nobles in the territory from -Cologne to the sea would come at the summons of the king of England to -join him in an attack upon the king of France at any place and at any -time set by him. If any one of them should fail to obey the king of -England in these matters, all the other nobles of northern Germany would -attack and destroy him. These affairs having been arranged and settled, -the king of England received the grant of authority and returned to -Brabant. - - - -160. The Golden Bull of Charles IV, 1356. - - -Altmann und Bernheim, no. 29. - -Various things had led the emperors to follow the policy of conferring -crown rights upon their princes. In order to carry out their Italian -policy the Hohenstaufen had sacrificed the power of the crown in Germany -(see nos. 110-112, 136, 138, 139), and after the interregnum the -electors pillaged the crown at every opportunity (see nos. 149, 153). -The result was that the crown was stripped of authority, while the -princes had developed almost complete sovereignty in their lands. -Charles IV, in the Golden Bull, attempted to fix as in a constitution -the actual rights and status of the princes. He saw that Germany was no -longer a monarchy, but a federation of princes. - -Although from 1273 the number of electors was fixed at seven, it was not -always clear who these seven were. Thus in 1313 two men claimed to -possess the electoral vote of Saxony, and two others, that of Bohemia. -Charles IV made provisions to prevent the recurrence of such a situation -by attaching the electoral vote to the possession of certain lands (see -chaps. VII, XX, and XXV). Charles IV was himself king of Bohemia, and, -knowing that it was hopeless to attempt to restore the German kingship, -he exerted himself in the Golden Bull to secure for Bohemia all the -advantages possible. - -PART I. - -(Published at Nürnberg, January 10, 1356.) - -CHAPTER I. - -ESCORT AND SAFE-CONDUCT FOR THE ELECTORS. - -1. We decree and determine by this imperial edict that, whenever the -electoral princes are summoned according to the ancient and praiseworthy -custom to meet and elect a king of the Romans and future emperor, each -one of them shall be bound to furnish on demand an escort and -safe-conduct to his fellow electors or their representatives, within his -own lands and as much farther as he can, for the journey to and from the -city where the election is to be held. Any electoral prince who refuses -to furnish escort and safe-conduct shall be liable to the penalties for -perjury and to the loss of his electoral vote for that occasion. - -2. We decree and command also that all other princes who hold fiefs from -the empire by whatever title, and all counts, barons, knights, clients, -nobles, commoners, citizens, and all corporations of towns, cities, and -territories of the empire, shall furnish escort and safe-conduct for -this occasion to every electoral prince or his representatives, on -demand, within their own lands and as much farther as they can. -Violators of this decree shall be punished as follows: Princes, counts, -barons, knights, clients, and all others of noble rank, shall suffer the -penalties of perjury, and shall lose the fiefs which they hold of the -emperor or any other lord, and all their other possessions; citizens and -corporations shall also suffer the penalty for perjury, shall be -deprived of all the rights, liberties, privileges, and graces which they -have received from the empire, and shall incur the ban of the empire -against their persons and property. Those whom we deprive of their -rights for this offence may be attacked by any man without appealing to -a magistrate, and without danger of reprisal, for they are rebels -against the state and the empire, and have attacked the honor and -security of the prince, and are convicted of faithlessness and perfidy. - -3. We also command that the citizens and corporations of cities shall -furnish supplies to the electoral princes and their representatives on -demand at the regular price and without fraud, whenever they arrive at, -or depart from, the city on their way to or from the election; those who -violate this decree shall suffer the penalties described in the -preceding paragraph for citizens and corporations. If any prince, count, -baron, knight, client, noble, commoner, citizen, or city shall attack or -molest in person or goods any of the electoral princes or their -representatives, on their way to or from an election, whether they have -safe-conduct or not, he and his accomplices shall incur the penalties -above described, according to his position and rank. - -4. If there should arise any enmity or hostility between two electoral -princes, it shall not be allowed to interfere with the safe-conduct -which each is bound to furnish to the other on the occasion of the -election, under penalty of being declared guilty of perjury, and being -deprived of his vote for that occasion, as described above. - -5. If any other princes, counts, barons, knights, clients, nobles, -commoners, citizens, or cities are at war with any electoral prince or -princes, they shall nonetheless be bound to furnish to them and their -representatives escort and safe-conduct for the journey to and from the -election, under the same penalties. In order to render the observance of -the above demands more certain, we desire and instruct all electoral and -other princes, and all counts, barons, nobles, cities, and corporations -to bind themselves by oaths and written promises to observe them. If -anyone refuses to do this, he shall incur the penalties above described, -according to his rank and station. - -6. If any electoral prince violates any of the above or following laws -of the empire, he shall be excluded by his fellow-electors from their -body, and shall be deprived of his vote and his electoral dignity, and -of his right to hold fiefs of the empire. If any other prince of any -rank or station, or any count, baron, or noble who holds fiefs of the -empire, or any of their successors to their fiefs, is guilty of a -similar crime, he shall not be invested with the fiefs which he holds of -the empire, nor be able to receive a fief from any other lord, and he -shall incur the above penalties, according to his rank. - -7. The above rules apply to escorts and safe-conduct in general, but we -have thought it well to indicate also the neighboring lands which should -furnish escort and safe-conduct in each separate case to each elector. - -8. To the king of Bohemia, the chief cup-bearer of the empire, the -following should furnish escort and safe-conduct: the archbishop of -Mainz, the bishops of Bamberg and Würzburg, the burggrave of Nürnberg, -etc. - -9. To the archbishop of Cologne, archchancellor of the empire for Italy, -the archbishops of Mainz and Trier, the count palatine of the Rhine, the -landgrave of Hesse, etc. - -10. To the archbishop of Trier, archchancellor of the empire for Gaul -and the kingdom of Arles, the archbishop of Mainz, the count palatine of -the Rhine, etc. - -11. To the count palatine of the Rhine, the archbishop of Mainz. - -12. To the duke of Saxony, archmarshall of the empire, the king of -Bohemia, the archbishops of Mainz and Magdeburg, the bishops of Bamberg -and Würzburg, the margrave of Meissen, the landgrave of Hesse, the -abbots of Fulda and Hersfeld, the burggrave of Nürnberg, etc. These -shall also furnish escort and safe-conduct to the margrave of -Brandenburg, the archchamberlain of the empire. - -13. We wish and command that each electoral prince should give due -notice to those from whom he intends to require safe-conduct, of his -journey and of the route by which he intends to go; and he should make a -formal demand upon such persons for safe-conduct, in order that they may -be able to make fitting preparations. - -14. The above decrees concerning safe-conduct are to be understood to -mean that any person, whether expressly named or not, from whom -safe-conduct is demanded on the occasion of the election, must furnish -it in good faith within his own lands, and as much farther as he can, -under the penalties described above. - -15. It shall be the duty of the archbishop of Mainz to send notice of -the approaching election to each of the electoral princes by his -messenger bearing letters patent, containing the following: first, the -date on which the letter should reach the prince to whom it is directed; -then the command to the electoral prince to come or send his -representatives to Frankfort on the Main, three months from that date, -such representatives being duly accredited by letters bearing the great -seal of the prince, and giving them full power to vote for the king of -the Romans and future emperor. The form of the letter of notification -and of the credentials of the representatives are appended to this -document, and we hereby command that these forms be used without change. - -16. When the news of the death of the king of the Romans has been -received at Mainz, within one month from the date of receiving it the -archbishop of Mainz shall send notices of the death and of the -approaching election to all the electoral princes. But if the archbishop -neglects or refuses to send such notices, the electoral princes are -commanded on their fidelity to assemble on their own motion and without -summons at the city of Frankfort within three months from the death of -the emperor, for the purpose of electing a king of the Romans and future -emperor. - -17. Each electoral prince or his representatives may bring with him to -Frankfort at the time of the election a retinue of 200 horsemen, of whom -not more than 50 shall be armed. - -18. If any electoral prince, duly summoned to the election, fails to -come or to send representatives with credentials containing full -authority, or if he or his representatives withdraws from the place of -the election before the election has been completed, without leaving -behind substitutes fully accredited and empowered, he shall lose his -vote in that election.... - -CHAPTER II. - -THE ELECTION OF THE KING OF THE ROMANS. - -1. (Mass shall be celebrated on the day after the arrival of the -electors. The archbishop of Mainz administers this oath, which the other -electors repeat:) - -2. "I, archbishop of Mainz, archchancellor of the empire for Germany, -electoral prince, swear on the holy gospels here before me, and by the -faith which I owe to God and to the holy Roman empire, that with the aid -of God, and according to my best judgment and knowledge, I will cast my -vote, in this election of the king of the Romans and future emperor, for -a person fitted to rule the Christian people. I will give my voice and -vote freely, uninfluenced by any agreement, price, bribe, promise, or -anything of the sort, by whatever name it may be called. So help me God -and all the saints." - -3. After the electors have taken this oath, they shall proceed to the -election, and shall not depart from Frankfort until the majority have -elected a king of the Romans and future emperor, to be ruler of the -world and of the Christian people. If they have not come to a decision -within thirty days from the day on which they took the above oath, after -that they shall live upon bread and water and shall not leave the city -until the election has been decided. - -4. Such an election shall be as valid as if all the princes had agreed -unanimously and without difference upon a candidate. If any one of the -princes or his representatives has been hindered or delayed for a time, -but arrives before the election is over, he shall be admitted and shall -take part in the election at the stage which had been reached at the -time of his arrival. According to the ancient and approved custom, the -king of the Romans elect, immediately after his election and before he -takes up any other business of the empire, shall confirm and approve by -sealed letters for each and all of the electoral princes, ecclesiastical -and secular, the privileges, charters, rights, liberties, concessions, -ancient customs, and dignities, and whatever else the princes held and -possessed from the empire at the time of the election; and he shall -renew the confirmation and approval when he becomes emperor. The -original confirmation shall be made by him as king, and the renewal as -emperor. It is his duty to do this graciously and in good faith, and not -to hinder the princes in the exercise of their rights. - -5. In the case where three of the electors vote for a fourth electoral -prince, his vote shall have the same value as that of the others to make -a majority and decide the election. - -CHAPTER III. - -THE LOCATION OF THE SEATS OF THE ARCHBISHOPS OF TRIER, COLOGNE, AND -MAINZ. - -In the name of the holy and undivided Trinity, amen. Charles by the -grace of God emperor of the Romans, Augustus, and king of Bohemia.... To -prevent any dispute arising between the archbishops of Trier, Mainz, and -Cologne, electoral princes of the empire, as to their priority and rank -in the diet, it has been decided and is hereby decreed with the advice -and consent of all the electoral princes, ecclesiastical and secular, -that the archbishop of Trier shall have the seat directly opposite and -facing the emperor; that the archbishop of Mainz shall have the seat at -the right of the emperor when the diet is held in the diocese or -province of Mainz, or anywhere in Germany except in the diocese of -Cologne; that the archbishop of Cologne shall have the seat at the right -of the emperor when the diet is held in the diocese or province of -Cologne, or anywhere in Gaul or Italy. This applies to all public -ceremonies: court sessions, conferring of fiefs, banquets, councils, and -all occasions on which the princes meet with the emperor for the -transaction of imperial business. This order of seating shall be -observed by the successors of the present archbishops of Cologne, Trier, -and Mainz, and shall never be questioned. - -CHAPTER IV. - -THE LOCATION OF THE SEATS OF THE ELECTORAL PRINCES. - -1. In the imperial diet, at the council-board, table, and all other -places where the emperor or king of the Romans meets with the electoral -princes, the seats shall be arranged as follows: On the right of the -emperor, first, the archbishop of Mainz, or of Cologne, according to the -province in which the meeting is held, as arranged above; second, the -king of Bohemia, because he is a crowned and anointed prince; third, the -count palatine of the Rhine; on the left of the emperor, first, the -archbishop of Cologne, or of Mainz; second, the duke of Saxony; third, -the margrave of Brandenburg. - -2. When the imperial throne becomes vacant, the archbishop of Mainz -shall have the authority, which he has had from of old, to call the -other electors together for the election. It shall be his peculiar right -also, when the electors have convened for the election, to collect the -votes, asking each of the electors separately in the following order: -first, the archbishop of Trier, who shall have the right to the first -vote, as he has had from of old; then the archbishop of Cologne, who has -the office of first placing the crown upon the head of the king of the -Romans; then the king of Bohemia, who has the priority among the secular -princes, because of his royal title; fourth, the count palatine of the -Rhine; fifth, the duke of Saxony; sixth, the margrave of Brandenburg. -Then the princes shall ask the archbishop of Mainz in turn to declare -his choice and vote. At the diet, the margrave of Brandenburg shall -offer water to the emperor or king, to wash his hands; the king of -Bohemia shall have the right to offer him the cup first, although, by -reason of his royal dignity, he shall not be bound to do this unless he -desires; the count palatine of the Rhine shall offer him food; and the -duke of Saxony shall act as his marshal in the accustomed manner. - -CHAPTER V. - -THE RIGHTS OF THE COUNT PALATINE AND OF THE DUKE OF SAXONY. - -1. During the vacancy of the empire, the count palatine of the Rhine, -archseneschal of the empire, by reason of his principality and office, -shall exercise the authority of the future king of the Romans in the -Rhine lands, in Suabia, and in the region of the Frankish law; this -includes the right to present to ecclesiastical benefices, to collect -revenues and incomes, to invest with fiefs, and to receive the oath of -fidelity in the name of the emperor. All of these acts, however, must be -confirmed and renewed by the king of the Romans after he is elected. The -count palatine shall not have the right to invest the princes of the -empire with fiefs which are called _Fahnlehen_,{77} the investiture and -conferring of which is reserved to the king of the Romans in person. The -count palatine is expressly forbidden to alienate or mortgage the -imperial lands during the period of his administration. The duke of -Saxony, archmarshal of the holy empire, shall exercise the same -authority during the vacancy of the empire for the region of the Saxon -law, under the same conditions as expressed above. - -2. The emperor or king of the Romans must appear before the count -palatine of the Rhine, when he is cited by anyone, but the count -palatine shall try such cases only at the imperial diet when the emperor -or king is present. - - -{77} In the investiture of a vassal with a fief certain symbols were -used. Among other articles that were used in this way when investing the -secular tenants-in-chief was the spear, to which it became customary to -affix a small standard or flag, as a symbol of the regalia which were -conferred with the fief. Eventually this was the only symbol used in -such cases, and hence the secular fiefs which were held directly from -the king came to be called "Fahnlehen," or "flag fiefs." - -CHAPTER VI. - -(Repeats the statements about the priority of the king of Bohemia among -the secular princes.) - -CHAPTER VII. - -THE SUCCESSION OF THE ELECTORAL PRINCES. - -1. ... It is known and recognized throughout the world, that the king of -Bohemia, the count palatine of the Rhine, the duke of Saxony, and the -margrave of Brandenburg, by virtue of the principalities which they -possess, have the right to vote in the election of the king of the -Romans along with their coelectors, the ecclesiastical princes, and that -they with the ecclesiastical princes are the true and legal electoral -princes of the holy empire. In order to prevent disputes arising among -the sons of these secular electoral princes in regard to the electoral -authority and vote, which would be productive of delays dangerous to the -state and other evils, we have fixed the succession by the present law -which shall be valid forever. On the death of one of the secular -electoral princes his right, voice, and vote in the election shall -descend to his first-born son who is a layman; if the son has died -before this, to the son's first-born son who is a layman. If the -first-born lay son of the elector has died without legitimate lay sons, -by virtue of the present law the succession shall go to the elector's -next oldest lay son and then to his heirs, and so on according to the -law of primogeniture. In case the heir is under age the paternal uncle -of the heir shall act as guardian and administrator until the heir comes -of age, which shall be, in the case of electoral princes, at eighteen -years. Then the guardian shall immediately surrender to him the -electoral vote and authority and all the possessions of the electorate. - -2. When any electorate falls vacant for lack of heirs, the emperor or -king of the Romans shall have the power to dispose of it, as if it -reverted to the empire, saving the rights, privileges, and customs of -the kingdom of Bohemia, according to which the inhabitants of that -kingdom have the right to elect their king in case of a vacancy. - -CHAPTER VIII. - -THE IMMUNITY OF THE KINGDOM OF BOHEMIA AND ITS INHABITANTS. - -Our predecessors, the emperors and kings of the Romans, have conceded to -our ancestors, the kings of Bohemia, and to the kingdom and crown ... -that no prince, baron, noble, knight, client, citizen, or other person -of the kingdom, of any station, dignity, rank, or condition, should be -cited, haled, or summoned before any tribunal outside of the kingdom, or -before any judge except the king of Bohemia and the judges of his court. -We hereby renew and confirm this privilege, custom, and concession by -our royal authority and power, and decree that no one of the aforesaid, -prince, baron, noble, knight, client, citizen, or peasant, or any other -person, shall be required to appear or answer before any tribunal -outside of the kingdom of Bohemia, in any case, civil, criminal, or -mixed.... - -CHAPTER IX. - -MINES OF GOLD, SILVER, AND OTHER METALS. - -We decree, by this present law, that our successors, the kings of -Bohemia, and all the electoral princes, ecclesiastical and secular, -shall hold and possess with full rights, all mines of gold, silver, tin, -copper, iron, lead, or other metals, and all salt works, both those -already discovered and those which shall be discovered in the future, -situated within their lands, domains, and dependencies. They shall also -have authority to tax Jews, the right to collect tolls already in force, -and all other rights which they or their predecessors have possessed to -the present day. - -CHAPTER X. - -COINAGE. - -1. We also decree that our successors, the future kings of Bohemia, -shall possess and exercise in peace the rights of coinage of gold and -silver, in all parts of their dominions and of the lands belonging to -their subjects, in such form and manner as they may determine: a right -which is known to have belonged to our predecessors, the former kings of -Bohemia. - -2. We also grant to the future kings of Bohemia forever the right to -buy, purchase, or receive as gift or in payment, any lands, castles, -possessions, or goods from any princes, magnates, counts, or other -persons; such lands and property to remain, however, in their former -legal status, and to pay the customary dues and services to the empire. - -3. We extend this right by the present law to all the electoral princes, -ecclesiastical and secular, and to their legal heirs, under the same -conditions and form. - -CHAPTER XI. - -THE IMMUNITIES OF THE PRINCES. - -1. We decree also that no count, baron, noble, vassal, burggrave, -knight, client, citizen, burgher, or other subject of the churches of -Cologne, Mainz, or Trier, of whatever status, condition or rank, shall -be cited, haled, or summoned to any authority before any tribunal -outside of the territories, boundaries, and limits of these churches and -their dependencies, or before any judge, except the archbishops and -their judges.... We refuse to hear appeals based upon the authority of -others over the subjects of these princes; if these princes are accused -by their subjects of injustice, appeal shall lie to the imperial diet, -and shall be heard there and nowhere else.... - -2. We extend this right by the present law to the secular electoral -princes, the count palatine of the Rhine, the duke of Saxony, and the -margrave of Brandenburg, and to their heirs, successors, and subjects -forever. - -CHAPTER XII. - -ASSEMBLIES OF THE PRINCES. - -... It has been decided in the general diet held at Nürnburg with the -electoral princes, ecclesiastical and secular, and other princes and -magnates, by their advice and with their consent, that in the future, -the electoral princes shall meet every year in some city of the empire -four weeks after Easter; this year they are to meet at that date in the -imperial city of Metz; on that occasion, and on every meeting -thereafter, the place of assembling for the following year shall be -fixed by us with the advice and consent of the princes. This ordinance -shall remain in force as long as it shall be pleasing to us and to the -princes; and as long as it is in effect, we shall furnish the princes -with safe-conduct for that assembly, going, staying, and returning.... - -CHAPTER XIII. - -THE REVOCATION OF PRIVILEGES. - -We hereby decree and determine that the liberties, jurisdiction, rights, -honors, and authority of the electoral princes, ecclesiastical or -secular, or of any one of them, ought not to be and shall not be in any -way diminished by any privileges or charters of rights, graces, -immunities, customs, etc., granted or to be granted by us or our -predecessors to any person of whatsoever rank, station, or dignity, or -to any city, town or territory, even if it is expressly stated in such -privileges and charters that they are not revocable. In so far as any -such privileges do diminish the liberties, jurisdiction, rights, honors, -or authority of the said electoral princes, we hereby revoke them and -decree by our imperial authority that they are to be regarded as revoked -and void. - -CHAPTER XIV. - -THE FORFEITING OF FIEFS. - -In many regions it is becoming the practice for vassals and feudatories -to renounce and resign verbally and without due notice the fiefs and -benefices which they hold of their lords, and then to declare themselves -free from their allegiance and to seize the fiefs under pretext of war. -Therefore we decree hereby that such renunciation shall not be valid -unless it is genuine and made with the condition that the fiefs and -benefices shall revert immediately to the lords from whom they are held; -those who have renounced their allegiance shall never disturb or molest -their lords in the possession of these fiefs. Any subject violating this -decree shall lose his fiefs and benefices, shall be branded with infamy, -and placed under the imperial ban; no one shall ever give him a fief or -a benefice, and any grant or investiture made to him shall be void. - -CHAPTER XV. - -CONSPIRACIES. - -We reprobate, condemn, and declare void all detestable and illegal -conspiracies, confederations, and societies, which are or shall be made -by cities or by persons of any rank or station, under color of any -pretext whatever, inside or outside of cities, between city and city, -person and person, or city and person, without the consent of the lords -of the persons or territories; for it is well known that such -conspiracies are declared illegal and void by the laws of our -predecessors, the august emperors. We except from this condemnation such -confederations and leagues as are entered into by princes, cities, and -others for the preservation of the peace of their lands; these shall -remain in force until we have decreed otherwise. If any person shall -violate this decree and the ancient laws against conspiracies, besides -incurring the regular penalties he shall be branded with infamy and -shall be fined ten pounds of gold; cities and corporations guilty of a -similar crime shall be fined 100 pounds of gold, half of which shall go -to the imperial treasury, and half to the lord of the district, and they -shall be deprived of the liberties and privileges which they have -received from the empire. - -CHAPTER XVI. - -PFAHLBURGHERS. - -The complaint has frequently been made of late that certain citizens and -subjects of princes, barons, and other lords, in order to escape from -their proper subjection, have had themselves received as citizens in -other cities, and thus, while dwelling in the lands, cities, towns, or -regions of the lords whom they have deserted, they claim to enjoy the -liberty and immunity of the other cities, and to be freed from the -lord's authority, because of that citizenship; these are the persons who -are called in the vulgar tongue in Germany "pfahlburghers." Now since -fraud and deceit cannot constitute a legal defense for any one, we -hereby decree by our imperial authority and by the advice of the -electoral princes, ecclesiastical and secular, that from this day forth -within all the lands of the empire such citizens shall not enjoy the -rights and liberties of the cities, unless they have actually moved into -them and established their homes there, making their real residence and -domicile in the cities and bearing their share of the debts, burdens, -and municipal taxes. If any such persons are or shall be admitted into -cities contrary to this edict, the admission shall be void of effect, -and the persons shall not profit by the laws and liberties of those -cities, in spite of any laws, privileges, and customs to the contrary, -all of which, as far as they contradict this decree, we declare to be -void; and the lords shall retain their rights over the persons and goods -of their subjects who have deserted them in this manner. Those who -receive the subjects of other lords on these terms contrary to our law, -and who do not drive them away within one month after receiving notice -of their presence, shall be fined for each such violation, 100 pounds of -gold, half of which shall go to the imperial treasury and half to the -lords of the deserters. - -CHAPTER XVII. - -RENUNCIATION OF ALLEGIANCE. - -If any person renounces his allegiance or alliance without due notice -and in a place where he does not have his residence, even if he thinks -he has just grounds, we declare that he shall not have the right to -inflict injury or violence upon those from whom he has in this manner -withdrawn. And since fraud and deceit cannot constitute legal defence, -we hereby declare that renunciation of this sort from the society or -association of any lord or person shall not be valid, and may not be -used as pretext for making war, unless the renunciation has been -announced to those who are concerned personally or publicly in the place -where they have their regular residence, three full days before, and the -notification can be proved by good witnesses. Whoever shall make war on -another without making renunciation in this form, shall be branded with -infamy, just as if he had never made any renunciation, and he shall be -punished as a traitor by all judges. We forbid and condemn also all -unjust wars and strife, all unjust burning, wasting, and rapine, all -unusual and unjust tolls and exactions for safe-conduct, under penalties -fixed by the laws of the empire. - -CHAPTER XVIII. - -FORM OF THE LETTER OF NOTIFICATION. - -"To you, the illustrious and magnificent margrave of Brandenburg, -archchamberlain of the holy empire, our fellow-elector and dear friend, -we give notice by these presents of the approaching election of the king -of the Romans, and we summon you according to the duty of your office to -come to that election at the regular place within three months from ---- ----- (date), or to send one or more representatives or agents with -sufficient authority, in order to consider with your fellow-electors and -agree upon the choice of a king of the Romans and future emperor; to -remain there until the election is completed; and to do such other -things as are required by the laws of the empire in this matter. -Otherwise, in spite of your absence, we shall proceed with our -fellow-electors to carry out the aforesaid business, as the authority of -the imperial laws empowers us." - -CHAPTER XIX. - -FORM OF THE CREDENTIALS FOR REPRESENTATIVES OR AGENTS OF THE ELECTORAL -PRINCES, SENT IN THEIR BEHALF TO THE ELECTION. - -We (name), by the grace of God (title), (office) of the holy empire. Be -it known to all by these presents ... that we have constituted our -faithful subjects (names) our true, legal, and special representatives -and agents, to treat with our fellow-princes and electors, -ecclesiastical and secular, and to agree and decide with them concerning -a suitable person to be elected king of the Romans; to be present, -deliberate, name, consent to, and elect the king of the Romans and -future emperor in our name and for us; and to take the necessary, due, -and accustomed oaths upon our soul, in regard to the aforesaid things; -to appoint substitutes to do any and all things which may be necessary, -useful, or convenient to the aforesaid consideration, nomination, -deliberation, and election, and to do anything which we would be able to -do if we were present in person at the election, even if these things be -special and peculiar things not mentioned specifically in the above. We -will accept and ratify everything done by the aforesaid representatives -or their substitutes. - -CHAPTER XX. - -THE UNITY OF THE ELECTORAL PRINCIPALITIES. - -It is known that the right of voting for the king of the Romans and -future emperor inheres in certain principalities, the possessors of -which have also the other offices, rights, and dignities belonging to -these principalities. We decree, therefore, by the present law that the -electoral vote and other offices, dignities, and appurtenances shall -always be so united and conjoined that the possessor of one of these -principalities shall possess and enjoy the electoral vote and all the -offices, dignities, and appurtenances belonging to it, that he shall be -regarded as electoral prince, that he and no other shall be accepted by -the other electoral princes and admitted to participation in the -election and all other acts which regard the honor and advantage of the -holy empire, and that no one of these rights, which are and ought to be -inseparable, shall ever be taken from him. And if through error or by -any other means any decision or sentence is issued by any judge against -the present law, it shall be void. - -CHAPTER XXI. - -THE PRECEDENCE AMONG THE ARCHBISHOPS. - -We have defined above the location of the seats of the ecclesiastical -electors in the council, at the table, and on other occasions, when the -emperor meets with the electoral princes, but we have thought it well to -indicate also the order of precedence in procession and march. Therefore -we decree by the present imperial edict that whenever the emperor or -king of the Romans meets with the electoral princes, and the insignia -are borne before him in procession, the archbishop of Trier shall march -directly before the emperor or king, no one being between them except -the bearers of the insignia; and when the emperor or king marches -without the insignia the archbishop shall immediately precede him. The -other two archbishops [of Mainz and Cologne] shall march on either side -of the archbishop of Trier, their position on the right or the left -being determined by the region in which the ceremony is held, as -described above. - -CHAPTER XXII. - -THE ORDER OF PRECEDENCE AMONG THE SECULAR ELECTORAL PRINCES, AND THE -BEARERS OF THE INSIGNIA. - -We also determine by the present decree the precedence among the secular -electoral princes as follows: When the electoral princes march in -procession with the emperor or king of the Romans in any of the -ceremonies of the imperial diet and the insignia are borne before him, -the duke of Saxony shall precede the emperor or king, marching between -him and the archbishop of Trier, and bearing the imperial or royal -sword; the count palatine of the Rhine shall march at the right of the -duke of Saxony with the imperial globe, and the margrave of Brandenburg -at the left with the sceptre; the king of Bohemia shall follow -immediately behind the emperor or king. - -CHAPTER XXIII. - -BENEDICTIONS OF THE ARCHBISHOPS IN THE PRESENCE OF THE EMPEROR. - -When the mass is celebrated in the presence of the emperor or king, the -archbishops of Mainz, Trier, and Cologne, or any two of them, being -present, the archbishops shall perform the services on the different -days in turn in the order of their consecration, each one on his day -officiating in the confession which is said before the mass, in the -presenting of the gospel to be kissed, in the giving of peace after the -_Agnus Dei_, in the benedictions after the mass and before meals, and in -returning thanks after meals. Each archbishop on his day should invite -the other archbishops to participate in the services, to set a good -example to men by honoring one another. - -PART II. - -(Published at Metz. December 25, 1356.) - -CHAPTER XXIV. - -1. If any person shall have joined in a conspiracy or taken oath to join -in a conspiracy with any other persons, princes, knights, or private -persons, to slay one of the electoral princes of the holy empire, he -shall be judged guilty of offence against the majesty of the emperor, -and shall be executed, and all his goods shall be forfeited to the royal -treasury; for we regard the electoral princes as members of our own -body, and visit offences against them with the same severity as against -ourself. [The rest of the chapter is devoted to the effects of the -confiscation and attainder upon children and heirs of criminals, etc.] - -CHAPTER XXV. - -If it is proper that the integrity of the ordinary principalities should -be preserved, for the better securing of justice and peace for the -subjects, it is even more important that the great principalities of the -electoral princes should be kept intact in their domains, honors, and -rights. Therefore we determine and decree by this imperial edict that -the lands, districts, fiefs, and other possessions of the great -principalities, namely, the kingdom of Bohemia, the palatinate of the -Rhine, the duchy of Saxony, and the mark of Brandenburg, should never -under any circumstances be separated, divided, or dismembered. In order -that they may be preserved in their integrity, the first-born son in -each case shall succeed to them, and shall exercise ownership and -dominion in them, unless he be incapacitated for ruling by reason of -imbecility, or other notorious defect. In that case, he shall not be -allowed to inherit, but the succession shall go to the nearest male lay -heir on the paternal side. - -CHAPTER XXVI. - -1. On the day of the imperial diet, all the electoral princes shall -proceed to the imperial palace about the first hour, and shall assist -the emperor or king in donning the insignia; then they shall proceed on -horseback to the place of the diet with the emperor or king, preserving -the order of precedence indicated above. The archchancellor of the -kingdom in which the diet is held shall bear the seals of the empire or -kingdom upon a silver staff; the secular princes shall bear the sceptre, -globe, and sword, as indicated above; the German and Lombard crowns -shall be borne, in this order, by princes of inferior rank named for -this office by the emperor, immediately before the archbishop of Trier, -who precedes the emperor, now wearing the imperial crown. - -2. The empress or queen, clad in her insignia, shall also proceed to the -place of the diet with her officials and ladies, taking her place behind -the emperor or king and behind the king of Bohemia, who follows -immediately after the emperor or king. - -CHAPTER XXVII. - -THE OFFICES OF THE ELECTORAL PRINCES AT THE DIET. - -1. After the emperor or king is seated on his throne, the duke of Saxony -shall appear before the place of the diet on horseback with a silver -staff and a silver measure, each of the value of twelve marks in silver, -and shall fill his measure with oats from a heap that has been placed -before the building in which the diet is held. This heap of oats shall -be as high as the breast of the horse on which he rides. He shall then -give this measure of oats to the first servant that approaches. Then he -shall thrust his staff into the heap of oats and go away, and the -vice-marshal, the count of Pappenheim, or in his absence the marshal of -the court, shall distribute the oats. After the emperor or king has -taken his place at the table the ecclesiastical electors, supported by -other prelates, shall stand before the table and one of them shall -pronounce the blessing, according to the order of precedence established -above; after the benediction the chancellor of the court shall present -the seals to the archbishops, and they shall bear them to the emperor, -all three touching with their hands the staff on which they are -suspended, the archchancellor of the kingdom in which the diet is held -marching in the middle and the other two on either side of him. They -shall lay the seals reverently before the emperor or king, who shall -immediately return them to the archbishops. The archchancellor of the -kingdom in which the diet is held shall wear the great seal of the -empire about his neck during the dinner and until he returns to his -abode. The staff, which shall be of silver of the value of twelve marks, -and the seals, shall be handed over to the chancellor of the court. The -archbishop who bears the great seal shall return this also to the -chancellor of the court by one of his own servants, mounted on a horse -which shall be presented to the chancellor of the court as a perquisite -of his office and as a token of the love of the archchancellor. - -2. The margrave of Brandenburg, the archchamberlain of the empire, shall -approach on horseback, bearing water in silver basins of the value of -twelve marks, and a beautifully embroidered napkin, and shall dismount -and offer the emperor or king water to wash his hands. - -3. The count palatine of the Rhine shall approach on horseback, bearing -four silver dishes, each of the value of three marks, filled with food, -and shall dismount and carry them in and place them on the table before -the emperor or king. - -4. Then the king of Bohemia, the archcupbearer of the empire, shall ride -up, bearing a silver cup or goblet, of the value of twelve marks, filled -with wine and water mixed, and shall dismount and offer the goblet to -the emperor or king to drink. - -5. When the offices have been performed by the secular electoral -princes, the vice-marshal, the count of Falkenstein, shall receive the -horse and the silver basins of the margrave of Brandenburg; the master -of the kitchen, the count of Nortemberg, shall receive the horse and the -dishes of the count palatine of the Rhine; the vice-cupbearer, the count -of Limburg, shall receive the horse and the goblet of the king of -Bohemia; the vice-marshal, the count of Pappenheim, shall receive the -horse, the staff, and the measure of the duke of Saxony. If these -officials are not present, the ordinary officials of the court shall -receive these gifts in their places. - -CHAPTER XXVIII. - -(Description of the banqueting table, etc.) - -CHAPTER XXIX. - -1. We have learned from records and traditions, that it has been the -custom in the past to hold the election of the king of the Romans in -Frankfort, the coronation in Aachen, and the first diet in Nürnberg; -therefore we decree that in the future these ceremonies shall be held in -these places, unless there shall be some legitimate obstacle.... - -CHAPTER XXX. - -THE RIGHTS OF THE OFFICIALS OF THE COURT WHEN THE PRINCES OF THE EMPIRE -RECEIVE THEIR FIEFS. - -(Special fees paid by the princes to these officials.) - -CHAPTER XXXI. - -(Requiring the secular electors to learn the Italian and Slavic -languages.) - -160 a and 160 b. The Acquisition of the Mark of Brandenburg by the -Hohenzollern Family, 1411. - - - -160 a. The Cities of the Mark Make Complaints to Sigismund, 1411. -(German.) - - -Magdeburger Schöppenchronik, edited by Janicke, in Chroniken der -deutschen Städte, VII, pp. 331 f. - -The importance of the acquisition of the mark of Brandenburg by a member -of the Hohenzollern family could not at that time have been foreseen. -The mark, being a great sandy marsh, did not seem a valuable possession, -and the nobles, especially the great von Quitzow family, were -devastating it with their feuds. The cities, here as everywhere else in -Germany, were for order and peace. It seems to have been due in part to -their complaints and appeals to Sigismund that he chose the able and -vigorous Frederick of Hohenzollern, burggrave of Nürnberg, as governor -of the mark. This was an important event in the fortunes of the -Hohenzollern family. Frederick and his successors managed their affairs -so well that Brandenburg became the basis on which the power of the -family was built up. - -In the same year that Jost, the margrave, died, the king of Hungary, -Sigismund, who had been elected king of the Romans, sent messengers to -the cities of the old and new marks to Magdeburg and ordered them to -come to Berlin on the Sunday of Midlent to hear his will concerning -them. The king's representatives, John Waldaw, _præpositus_ of the -church at Berlin, and Wend von Eylenburg, met the aldermen of the cities -at Berlin at the appointed time and asked them: "Since Jost, the -margrave, is dead and the king is the hereditary lord of the land, are -you willing to recognize his lordship over you and to support him?" And -the aldermen answered him that they were. The cities and the nobles of -the land were then ordered to come to Hungary and do homage to the king -on the next St. Walpurgis day (May 1). The cities sent representatives -from among their aldermen, but none of the nobles of the land came -except Jaspar Gans von Putlitz. They did homage to the king and remained -with him so long that they did not reach home until St. James's day -(July 25). They complained to the king about the wretched condition of -the land and its troubles, and especially about the von Quitzows and -certain other nobles and their supporters who controlled the land by -means of the castles of which they had got possession, and who were -doing great damage to the land and were carrying on war with the -neighboring lords and their lands. They besought the king to take -measures to prevent such war, violence, and damage. The king then said -to the aldermen that he himself could not come into the mark because he -had been chosen king of the Romans, and he must therefore endeavor to -rule the realm and to restore unity to the church [_i.e._, end the -schism]; but he would send them a governor who would be able to help -them. He then named the noble prince, Frederick, burggrave of Nürnberg, -as the governor of the mark. This rejoiced the aldermen very much and -restored their confidence. They were well pleased, and left the king and -joyfully returned home. - - - -160 b. Sigismund Orders the People of the Mark to Receive Frederick of -Hohenzollern as their Governor, 1412. (German.) - - -Riedel, Codex Diplomaticus Brandenburgensis, III, p. 178. - -We, Sigismund, etc. Dear and faithful subjects: We hereby inform you -again that we have made the noble Frederick, burggrave of Nürnberg, our -dear uncle, counsellor, and prince, the head and governor of the whole -mark of Brandenburg. We have given him letters to that effect. And when -your representatives came to Ofen and did homage to us on behalf of the -nobles and cities of the mark we orally commanded them to receive the -said Frederick. Therefore we again strictly command you to receive him -without any delay or opposition and to render him the homage which you -owe us as your hereditary margrave, and pay homage to him according to -the instructions which are contained in the letters which we have given -him. He will confirm and renew all your liberties, rights, good customs, -and charters, and preserve their validity just as I have done. Given at -Ofen, 1412, etc. - - - - -V. THE CHURCH FROM 1250 TO 1500 - - - -161. Bull of Nicholas III Condemning all Heretics, 1280. - - -Bullarium Romanum, III, ii, pp. 26 f. - -In spite of the vigorous efforts of the popes to destroy heresy (see -nos. 116-118) and all that the inquisitors could do, heresies increased. -This bull of Nicholas III shows that more vigorous measures were being -used. - -Nicholas, etc. We hereby excommunicate and anathematize all heretics, -the Cathari, Patareni, the Poor Men of Lyon, Passageni, Josepheni, the -Arnoldists, Speronists, and all others by whatever name they may be -called. (1) When condemned by the church, they shall be given over to -the secular judge to be punished. Clergymen shall be degraded before -being punished. (2) If any, after being seized, repent and wish to do -proper penance, they shall be imprisoned for life. (3) We condemn as -heretics all who believe the errors of heretics. (4) We decree that all -who receive, defend, or aid heretics, shall be excommunicated. If anyone -remains under excommunication a year and a day, he shall be proscribed. -(5) He shall not be eligible to hold a public office, or to vote in the -election of officials. (6) His word shall not be accepted. (7) He can -not serve as a witness nor can he make a will. (8) He shall not succeed -to an inheritance. (9) He cannot bring suit against anyone, but suit may -be brought against him. (10) If he is a judge, his sentences shall be -invalid, and he shall not be permitted to hear cases. (11) If he is an -advocate, he shall not be permitted to perform the duties of his office. -(12) If he is a notary, the documents which he draws up shall be invalid -and condemned with him. (13) If he is a clergyman, he shall be deposed -from his office and deprived of every benefice. (14) Those who associate -with the excommunicated shall themselves be excommunicated and properly -punished. (15) If those who are suspected of heresy can not prove their -innocence, they shall be excommunicated. If they remain under the ban of -excommunication a year, they shall be condemned as heretics. (16) They -shall have no right of appeal. (17) If judges, advocates, or notaries -serve them in an official way, they shall be deprived of their office. -(18) The clergy shall not administer to them the sacraments, nor give -them a part of the alms. If they do, they shall be deprived of their -office and they can never be restored to it without the special -permission of the pope. Whoever grants them Christian burial shall be -excommunicated until he makes proper satisfaction. He shall not be -absolved until he has with his own hands publicly dug up their bodies -and cast them forth, and no one shall ever be buried in the same place. -(19) We prohibit all laymen to discuss matters of the catholic faith. If -anyone does so, he shall be excommunicated. (20) Whoever knows of -heretics, or those who are holding secret meetings, or those who do not -conform in all respects to the orthodox faith, shall make it known to -his confessor, or to someone else who will bring it to the knowledge of -the bishop or the inquisitor. If he does not do so, he shall be -excommunicated. (21) Heretics and all who receive, support, or aid them, -and all their children to the second generation, shall not be admitted -to an ecclesiastical office or benefice. If any such have been admitted, -their admission is illegal and invalid. For we now deprive all such of -their benefices forever, and they shall never be admitted to others. If -parents with their children have been freed [from excommunication], and -their parents afterwards return to the heresy, their children are, by -their parents' act, again brought under excommunication. - - - -162. The Bull "Clericis Laicos" of Boniface VIII, 1298. - - -Tosti, Histoire de Boniface VIII, I, pp. 395 ff. - -In theory all ecclesiastical persons and possessions were immune from -secular taxation, but the pope frequently permitted temporal rulers to -levy a tax on them for the aid of the state in times of public -necessity. At the command of the pope such taxes had been assessed (1) -to carry on the crusades (the Saladin tithe), (2) to make war on -Frederick II, (3) to put down the heresy of the Albigenses, (4) to -resist Peter of Aragon when he attacked Sicily, etc. It frequently -happened that the large sums raised for the crusades went into the -king's treasury, and were spent for other things. The kings, especially -of England and France, found this a very convenient way of raising -money. The immediate cause of the publication of this bull was the heavy -assessments which the kings of England and France had just made on their -clergy. Boniface recognized that the immunities and liberties of the -church were thereby being destroyed. In spite of the protests of both -pope and clergy, neither king restored the money or ceased to levy -taxes. New names for them were so skilfully invented, and such arguments -were used, that the clergy could not refuse to pay without seeming to be -disloyal and unpatriotic. Boniface VIII issued this bull to put a stop -to the taxation which he regarded as the pillaging of the churches. It -must be observed that the pope does not prohibit such taxes altogether. -He preserves his authority and the immunities of the church by retaining -the right to sanction whatever taxes may be assessed on the clergy and -the possessions of the church. - -The kings of both England and France were engaged in policies which -necessitated large expenditures, and hence they were in need of money. -Besides, they were trying to centralize all authority in their hands and -consequently found these ecclesiastical immunities a great obstacle in -their way. We have here an evidence that the national governments had -begun their long struggle against the temporal authority of the pope, -for the question as to whether the king may tax the church and clergy -was one phase of this struggle. - -It is said that in times past laymen practiced great violence against -the clergy, and our experience clearly shows that they are doing so at -present, since they are not content to keep within the limits prescribed -for them, but strive to do that which is prohibited and illegal. And -they pay no attention to the fact that they are forbidden to exercise -authority over the clergy and ecclesiastical persons and their -possessions. But they are laying heavy burdens on bishops, churches, and -clergy, both regular and secular, by taxing them, levying contributions -on them, and extorting the half, or the tenth, or the twentieth, or some -other part of their income and possessions. They are striving in many -ways to reduce the clergy to servitude and to subject them to their own -sway. And we grieve to say it, but some bishops and clergy, fearing -where they should not, and seeking a temporary peace, and fearing more -to offend man than God, submit, improvidently rather than rashly, to -these abuses [and pay the sums demanded], without receiving the papal -permission. Wishing to prevent these evils, with the counsel of our -brethren, and by our apostolic authority, we decree that if any bishops -or clergy, regular or secular, of any grade, condition, or rank, shall -pay, or promise, or consent to pay to laymen any contributions, or -taxes, or the tenth, or the twentieth, or the hundredth, or any other -part of their income or of their possessions, or of their value, real or -estimated, under the name of aid, or loan, or subvention, or subsidy, or -gift, or under any other name or pretext, without the permission of the -pope, they shall, by the very act, incur the sentence of -excommunication. And we also decree that emperors, kings, princes, -dukes, counts, barons, _podestà_, _capitanei_, and governors of cities, -fortresses, and of all other places everywhere, by whatever names such -governors may be called, and all other persons of whatever power, -condition, or rank, who shall impose, demand, or receive such taxes, or -shall seize, or cause to be seized, the property of churches or of the -clergy, which has been deposited in sacred buildings, or shall receive -such property after it has been seized, or shall give aid, counsel, or -support in such things either openly or secretly, shall by that very act -incur the sentence of excommunication. We also put under the interdict -all communities which shall be culpable in such matters. And under the -threat of deposition we strictly command all bishops and clergy, in -accordance with their oath of obedience, not to submit to such taxes -without the express permission of the pope. They shall not pay anything -under the pretext that they had already promised or agreed to do so -before the prohibition came to their knowledge. They shall not pay, nor -shall the above-named laymen receive anything in any way. And if the -ones shall pay, or the others receive anything, they shall by that very -act fall under the sentence of excommunication. From this sentence of -excommunication and interdict no one can be absolved except in the -moment of death, without the authority and special permission of the -pope.... - - - -163. Boniface VIII Announces the Jubilee Year, 1300. - - -Tosti, Histoire de Boniface VIII, II, pp. 467 f. - -Boniface, bishop, etc. We know that in times past generous indulgences -and remissions of sins have been granted those who should come to the -illustrious churches of the prince of the apostles [St. Peter's in -Rome]. Our office requires us to desire and most gladly to procure the -salvation of all, and so, regarding all such remissions and indulgences -as valid, by our apostolic authority we confirm, approve, and renew -them, and reinforce them with this present writing. In order therefore -that the most blessed apostles, Peter and Paul, may be more highly -honored in that the faithful devoutly visit their churches, and that -those who do so may feel that they are filled with spiritual gifts, we, -through the mercy of omnipotent God and trusting in the merits and -authority of his apostles [Peter and Paul], at the advice of our -brethren and in the fulness of our apostolic power, grant the fullest -and broadest forgiveness of all their sins to all who, during the whole -of this 1300th year, and to all who, in every hundredth year to come, -shall reverently come to these churches and truly repent and confess. We -decree that those Romans who wish to participate in this indulgence -shall visit these churches at least once a day for thirty days, either -consecutively or at intervals, and all who are not Romans shall visit -them in the same way for fifteen days. But the more devoutly and -frequently anyone visits them, the more surely will he deserve and -obtain the indulgence. - - - -164. The Bull "Unam Sanctam" of Boniface VIII, 1302. - - -Raynaldus, anno 1302, sec. 13; Revue des Questions Historiques, vol. -46, pp. 255 f. - -Boniface VIII had become involved in a bitter struggle with Philip IV of -France over the question of sovereignty. Boniface went so far as to -summon the French clergy to a council at Rome for the purpose of -dictating a settlement of all the disorders in France. In reply to this, -Philip IV assembled his states-general and assured himself of the almost -unanimous support of his people against the pope, and sent him an -embassy with a refusal and a warning. The pope was not disconcerted by -this, but plied the ambassadors with the most extravagant statements of -his secular power. On the heels of this he published this famous bull, -_Unam sanctam_, which is the classic mediæval expression of the papal -claims to universal temporal sovereignty. It is an excellent example of -mediæval reasoning. - -The true faith compels us to believe that there is one holy catholic -apostolic church, and this we firmly believe and plainly confess. And -outside of her there is no salvation or remission of sins, as the -Bridegroom says in the Song of Solomon: "My dove, my undefiled is but -one; she is the only one of her mother, she is the choice one of her -that bare her" [Song of Sol. 6:9]; which represents the one mystical -body, whose head is Christ, but the head of Christ is God [1 Cor. 11.3]. -In this church there is "one Lord, one faith, one baptism" [Eph. 4:5]. -For in the time of the flood there was only one ark, that of Noah, -prefiguring the one church, and it was "finished above in one cubit" -[Gen. 6:16], and had but one helmsman and master, namely, Noah. And we -read that all things on the earth outside of this ark were destroyed. -This church we venerate as the only one, since the Lord said by the -prophet: "Deliver my soul from the sword; my darling from the power of -the dog" [Ps. 22:20]. He prayed for his soul, that is, for himself, the -head; and at the same time for the body; and he named his body, that is, -the one church, because there is but one Bridegroom [cf. John 3:29], and -because of the unity of the faith, of the sacraments, and of his love -for the church. This is the seamless robe of the Lord which was not rent -but parted by lot [John 19:23]. Therefore there is one body of the one -and only church, and one head, not two heads, as if the church were a -monster. And this head is Christ and his vicar, Peter and his successor; -for the Lord himself said to Peter: "Feed my sheep" [John 21:16]. And he -said "my sheep," in general, not these or those sheep in particular; -from which it is clear that all were committed to him. If therefore -Greeks or anyone else say that they are not subject to Peter and his -successors, they thereby necessarily confess that they are not of the -sheep of Christ. For the Lord says in the Gospel of John, that there is -one fold and only one shepherd [John 10:16]. By the words of the gospel -we are taught that the two swords, namely, the spiritual authority and -the temporal are in the power of the church. For when the apostles said -"Here are two swords" [Luke 22:38]--that is, in the church, since it was -the apostles who were speaking--the Lord did not answer, "It is too -much," but "It is enough." Whoever denies that the temporal sword is in -the power of Peter does not properly understand the word of the Lord -when he said: "Put up thy sword into the sheath" [John 18:11]. Both -swords, therefore, the spiritual and the temporal, are in the power of -the church. The former is to be used by the church, the latter for the -church; the one by the hand of the priest, the other by the hand of -kings and knights, but at the command and permission of the priest. -Moreover, it is necessary for one sword to be under the other, and the -temporal authority to be subjected to the spiritual; for the apostle -says, "For there is no power but of God: and the powers that are -ordained of God" [Rom. 13:1]; but they would not be ordained [i.e., -arranged or set in order; note the play on the words] unless one were -subjected to the other, and, as it were, the lower made the higher by -the other. For, according to St. Dionysius, it is a law of divinity that -the lowest is made the highest through the intermediate. According to -the law of the universe all things are not equally and directly reduced -to order, but the lowest are fitted into their order through the -intermediate, and the lower through the higher.{78} And we must -necessarily admit that the spiritual power surpasses any earthly power -in dignity and honor, because spiritual things surpass temporal things. -We clearly see that this is true from the paying of tithes, from the -benediction, from the sanctification, from the receiving of the power, -and from the governing of these things. For the truth itself declares -that the spiritual power must establish the temporal power and pass -judgment on it if it is not good. Thus the prophecy of Jeremiah -concerning the church and the ecclesiastical power is fulfilled: "See, I -have this day set thee over the nations and over the kingdoms, to root -out, and to pull down, and to destroy, and to throw down, to build, and -to plant" [Jer. 1:10]. Therefore if the temporal power errs, it will be -judged by the spiritual power, and if the lower spiritual power errs, it -will be judged by its superior. But if the highest spiritual power errs, -it can not be judged by men, but by God alone. For the apostle says: -"But he that is spiritual judgeth all things, yet he himself is judged -of no man" [1 Cor. 2:15]. Now this authority, although it is given to -man and exercised through man, is not human, but divine. For it was -given by the word of the Lord to Peter, and the rock was made firm to -him and his successors, in Christ himself, whom he had confessed. For -the Lord said to Peter: "Whatsoever thou shalt bind on earth shall be -bound in heaven: and whatsoever thou shalt loose on earth shall be -loosed in heaven" [Matt. 16:19]. Therefore whosoever resisteth this -power thus ordained of God, resisteth the ordinance of God [Rom. 13:2], -unless there are two principles (beginnings), as Manichæus pretends -there are. But this we judge to be false and heretical. For Moses says -that, not in the beginnings, but in the beginning [note the play on -words], God created the heaven and the earth [Gen. 1:1]. We therefore -declare, say, and affirm that submission on the part of every man to the -bishop of Rome is altogether necessary for his salvation. - - -{78} This is an example of scholastic reasoning. While obscure, it -seems to be a general argument for, or explanation of, the existence of -order in the universe. - - - -165. Conclusions Drawn by Marsilius of Padua from his "Defensor Pacis." - - -Marsilius of Padua, Defensor Pacis, Part III, ch. ii; Goldast, -Monarchia Sancti Romani Imperii, II, pp. 309 ff. - -The _Defensor Pacis_ is a treatise on politics written by Marsilius, or -Marsiglio, a canon of the church of Padua, in 1324. His authority is the -_Politics_ of Aristotle, which Marsilius knew from a Latin summary -current in the Middle Age. From this as a basis he constructs a -political theory and tests the existing institutions by it. The work is -divided into three parts; the first two form a diffuse essay, and the -last is a summary of his arguments in the form of forty-two -_conclusiones_, which are translated here, because they give in a -concise form the essential points of his theory. As regards the -political situation of his own time, the general tendency of the -treatise is imperial and anti-papal; it was used by Ludwig IV [the -Bavarian] in his conflict with the Avignon popes. Hence it was regarded -by the papal party as unorthodox and heretical. In the bull of John -XXII, 1327, five statements were selected and condemned as heresies (see -no. 166). His views on the origin and nature of the state are -Aristotelian: the state is a perfected community existing for the good -of the people; the supreme power resides in the body of the citizens, -who make the laws, and choose the form of government, etc. The prince -rules by the authority of the whole body of citizens. To this body -Marsilius gives the name _legislator_. The elective monarchy is the form -of government preferred by Marsilius, whose ideal state thus corresponds -in theory with the holy Roman empire. His views on the relation of the -state and the church are very different from the views common in the -Middle Age. The supreme institution is the state which has established -the priesthood or the church to look after the spiritual welfare of its -citizens. Hence the state has the right to control the church, but the -church has not the corresponding right to control the state. The -treatment of the church in itself is also interesting. Marsilius attacks -the Petrine theory and the whole papal structure. All bishops are equal -in religious authority, deriving their power immediately from Christ. If -one priest or bishop is placed over another it is for the purpose of -organization, and the authority of the superior is derived from the -state. He also asserts that within the church the supreme authority is -not the pope, but the general council of Christians. - -Conclusion 1. The one divine canonical Scripture, the conclusions that -necessarily follow from it, and the interpretation placed upon it by the -common consent of Christians, are true, and belief in them is necessary -to the salvation of those to whom they are made known. - -2. The general council of Christians or its majority alone has the -authority to define doubtful passages of the divine law, and to -determine those that are to be regarded as articles of the Christian -faith, belief in which is essential to salvation; and no partial council -or single person of any position has the authority to decide these -questions. - -3. The gospels teach that no temporal punishment or penalty should be -used to compel observance of divine commandments. - -4. It is necessary to salvation to obey the commandments of the new -divine law [the New Testament] and the conclusions that follow -necessarily from it and the precepts of reason; but it is not necessary -to salvation to obey all the commandments of the ancient law [the Old -Testament]. - -5. No mortal has the right to dispense with the commands or prohibitions -of the new divine law; but the general council and the Christian -"legislator"{79} alone have the right to prohibit things which are -permitted by the new law, under penalties in this world or the next, and -no partial council or single person of any position has that right. - -6. The whole body of citizens or its majority alone is the human -"legislator." - -7. Decretals and decrees of the bishop of Rome, or of any other bishops -or body of bishops, have no power to coerce anyone by secular penalties -or punishments, except by the authorization of the human "legislator." - -8. The "legislator" alone or the one who rules by its authority has the -power to dispense with human laws. - -9. The elective principality or other office derives its authority from -the election of the body having the right to elect, and not from the -confirmation or approval of any other power. - -10. The election of any prince or other official, especially one who has -the coercive power,{80} is determined solely by the expressed will of -the "legislator." - -11. There can be only one supreme ruling power in a state or kingdom. - -12. The number and the qualifications of persons who hold state offices -and all civil matters are to be determined solely by the Christian ruler -according to the law or approved custom [of the state]. - -13. No prince, still more, no partial council or single person of any -position, has full authority and control over other persons, laymen or -clergy, without the authorization of the "legislator." - -14. No bishop or priest has coercive authority or jurisdiction over any -layman or clergyman, even if he is a heretic. - -15. The prince who rules by the authority of the "legislator" has -jurisdiction over the persons and possessions of every single mortal of -every station, whether lay or clerical, and over every body of laymen or -clergy. - -16. No bishop or priest or body of bishops or priests has the authority -to excommunicate anyone or to interdict the performance of divine -services, without the authorization of the "legislator." - -17. All bishops derive their authority in equal measure immediately from -Christ, and it cannot be proved from the divine law that one bishop -should be over or under another, in temporal or spiritual matters. - -18. The other bishops, singly or in a body, have the same right by -divine authority to excommunicate or otherwise exercise authority over -the bishop of Rome, having obtained the consent of the "legislator," as -the bishop of Rome has to excommunicate or control them. - -19. No mortal has the authority to permit marriages that are prohibited -by the divine law, especially by the New Testament. The right to permit -marriages which are prohibited by human law belongs solely to the -"legislator" or to the one who rules by its authority. - -20. The right to legitimatize children born of illegitimate union so -that they may receive inheritances, or other civil or ecclesiastical -offices or benefits, belongs solely to the "legislator." - -21. The "legislator" alone has the right to promote to ecclesiastical -orders, and to judge of the qualifications of persons for these offices, -by a coercive decision, and no priest or bishop has the right to promote -anyone without its authority. - -22. The prince who rules by the authority of the laws of Christians, has -the right to determine the number of churches and temples, and the -number of priests, deacons, and other clergy who shall serve in them. - -23. "Separable"{81} ecclesiastical offices may be conferred or taken -away only by the authority of the "legislator"; the same is true of -ecclesiastical benefices and other property devoted to pious purposes. - -24. No bishop or body of bishops has the right to establish notaries or -other civil officials. - -25. No bishop or body of bishops may give permission to teach or -practice in any profession or occupation, but this right belongs to the -Christian "legislator" or to the one who rules by its authority. - -26. In ecclesiastical offices and benefices those who have received -consecration as deacons or priests, or have been otherwise irrevocably -dedicated to God, should be preferred to those who have not been thus -consecrated. - -27. The human "legislator" has the right to use ecclesiastical -temporalities for the common public good and defence, after the needs of -the priests and clergy, the expenses of divine worship, and the -necessities of the poor have been satisfied. - -28. All properties established for pious purposes or for works of mercy, -such as those that are left by will for the making of a crusade, the -redeeming of captives, or the support of the poor, and similar purposes, -may be disposed of by the prince alone according to the decision of the -"legislator" and the purpose of the testator or giver. - -29. The Christian "legislator" alone has the right to forbid or permit -the establishment of religious orders or houses. - -30. The prince alone, acting in accordance with the laws of the -"legislator," has the authority to condemn heretics, delinquents, and -all others who should endure temporal punishment, to inflict bodily -punishment upon them, and to exact fines from them. - -31. No subject who is bound to another by a legal oath may be released -from his obligation by any bishop or priest, unless the "legislator" has -decided by a coercive decision that there is just cause for it. - -32. The general council of all Christians alone has the authority to -create a metropolitan bishop or church, and to reduce him or it from -that position. - -33. The Christian "legislator" or the one who rules by its authority -over Christian states, alone has the right to convoke either a general -or local council of priests, bishops, and other Christians, by coercive -power; and no man may be compelled by threats of temporal or spiritual -punishment to obey the decrees of a council convoked in any other way. - -34. The general council of Christians or the Christian "legislator" -alone has the authority to ordain fasts and other prohibitions of the -use of food; the council or "legislator" alone may prohibit the practice -of mechanical arts or teaching which divine law permits to be practiced -on any day, and the "legislator" or the one who rules by its authority -alone may constrain men to obey the prohibition by temporal penalties. - -35. The general council of Christians alone has the authority to -canonize anyone or to order anyone to be adored as a saint. - -36. The general council of Christians alone has the authority to forbid -the marriage of priests, bishops, and other clergy, and to make other -laws concerning ecclesiastical discipline, and that council or the one -to whom it delegates its authority alone may dispense with these laws. - -37. It is always permitted to appeal to the "legislator" from a coercive -decision rendered by a bishop or priest with the authorization of the -"legislator." - -38. Those who are pledged to observe complete poverty may not have in -their possession any immovable property, unless it be with the fixed -intention of selling it as soon as possible and giving the money to the -poor; they may not have such rights in either movable or immovable -property as would enable them, for example, to recover them by a -coercive decision from any person who should take or try to take them -away. - -39. The people as a community and as individuals, according to their -several means, are required by divine law to support the bishops and -other clergy authorized by the gospel, so that they may have food and -clothing and the other necessaries of life; but the people are not -required to pay tithes or other taxes beyond the amount necessary for -such support. - -40. The Christian "legislator" or the one who rules by its authority has -the right to compel bishops and other clergy who live in the province -under its control and whom it supplies with the necessities of life, to -perform divine services and administer the sacrament. - -41. The bishop of Rome and any other ecclesiastical or spiritual -minister may be advanced to a "separable" ecclesiastical office only by -the Christian "legislator" or the one who rules by its authority, or by -the general council of Christians; and they may be suspended from or -deprived of office by the same authority. - - -{79} In regard to the "legislator," Marsilius cites Aristotle as -follows: "The legislator or the effective cause of the law is the -people, the whole body of the citizens, or the majority of that body, -expressing its will and choice in a general meeting of the citizens, and -commanding or deciding that certain things shall be done or left undone, -under threat of temporal penalty or punishment." - -{80} "Coercive" or "coactive" power is the power, residing in the ruler -or the officials of the state and derived from the "legislator," to -compel observance of the laws or decrees of the state by force or threat -of penalty. A coercive judgment is a judgment given by an official who -has the power to enforce his decisions. Marsilius maintains that -coercive power and coercive judgments are the prerogatives of the state -and cannot be exercised by the church. - -{81} "Separable" offices of the clergy, according to Marsilius, are -those functions commonly exercised by the clergy, which are not -essentially bound up with their spiritual character. The terms essential -and non-essential are used as synonymous respectively with inseparable -and separable. The essential or inseparable powers of the clergy are -"the power to bless the bread and wine, and turn them into the blessed -body and blood of Christ, to administer the other sacraments of the -church, and to bind and to loose men from their sins." Non-essential or -separable functions are the government or control of one priest over -others (_i.e._, the offices of bishop, archbishop, etc.), the -administration of the sacraments, etc., in a certain place and to a -certain people, and the administration of temporal possessions of the -church. In respect to their separable functions the clergy are under the -control of the state. - - - -166. Condemnation of Marsilius of Padua. 1327. - - -Densinger, p. 141. - -The following sentences taken from Marsilius of Padua and John of Jandun -were condemned by John XXII, 1327. See introductory note to no. 165. - -(1) When Christ ordered the coin which was taken from the fish's mouth -to be paid to the tax collector, he paid tribute to Cæsar; and he did -this not out of condescension or kindness, but because he had to pay it. -From this it is clear that all temporal powers and possessions of the -church are subject to the emperor, and he may take them as his own. - -(2) That St. Peter had no more authority than the other apostles, and -was not the head over the other apostles; and that Christ left behind no -head of the church, and did not appoint anyone as his vicar. - -(3) That the emperor has the right to make and depose popes and to -punish them. - -(4) That all priests, whether pope or archbishop or simple priest, are, -in accordance with the appointment of Christ, of equal authority and -jurisdiction. - -(6) That the whole church together can not punish any man with coactive -punishment, without the permission of the emperor. - -The above articles are contrary to the holy scriptures and hostile to -the catholic faith and we [John XXII] declare them to be heretical and -erroneous, and the aforesaid Marsilius and John [of Jandun] to be open -and notorious heretics, or rather heresiarchs. - - - -167. The Beginning of the Schism. The Manifesto of the Revolting -Cardinals. Aug. 5, 1378. - - -Baluzius, Vitæ Paparum Avenioneosium, I, pp. 468 ff. - -At the death of Gregory XI in 1378, the cardinals elected Bartholomew, -archbishop of Bari, who took the title Urban VI. He soon announced that -he would not remove his court to Avignon, as many of the cardinals -wished him to do, but would remain in Rome. For various reasons the -cardinals of the French party became more and more displeased with Urban -and soon rebelled against him and deposed him. After publishing a -manifesto, in which they defended their action, they elected Robert of -Geneva, who called himself Clement VII. The manifesto is long and full -of invective and generalities, but contains very little argument and few -facts. We give only the essential part of it. - -... After the apostolic seat was made vacant by the death of our lord, -pope Gregory XI, who died in March, we assembled in conclave for the -election of a pope, as is the law and custom, in the papal palace, in -which Gregory had died.... Officials of the city with a great multitude -of the people, for the most part armed and called together for this -purpose by the ringing of bells, surrounded the palace in a threatening -manner and even entered it and almost filled it. To the terror caused by -their presence they added threats that unless we should at once elect a -Roman or an Italian they would kill us. They gave us no time to -deliberate but compelled us unwillingly, through violence and fear, to -elect an Italian without delay. In order to escape the danger which -threatened us from such a mob, we elected Bartholomew, archbishop of -Bari, thinking that he would have enough conscience not to accept the -election, since every one knew that it was made under such wicked -threats. But he was unmindful of his own salvation and burning with -ambition, and so, to the great scandal of the clergy and of the -Christian people, and contrary to the laws of the church, he accepted -this election which was offered him, although not all the cardinals were -present at the election, and it was extorted from us by the threats and -demands of the officials and people of the city. And although such an -election is null and void, and the danger from the people still -threatened us, he was enthroned and crowned, and called himself pope and -apostolic. But according to the holy fathers and to the law of the -church, he should be called apostate, anathema, Antichrist, and the -mocker and destroyer of Christianity.... - - - -168. The University of Paris and the Schism, 1393. - - -D'Achery, Spicilegium, I, pp. 777 f. - -In 1393 the king of France asked the University of Paris to devise a way -of ending the schism. In response to this request, each member of the -faculty was asked to propose in writing the way which seemed best to -him, and to advance all the possible arguments in its favor. A -commission of fifty-four professors, masters, and doctors was then -appointed to examine all the proposed ways and means. After mature -deliberation this commission proposed three possible ways of ending the -schism and drew them up in writing and forwarded them to the king. They -discussed at some length the relative advantages and disadvantages of -each way. Their letter to the king is a long one. We give only three -brief extracts from it, to show the three ways which they proposed. - -The first way. Now the first way to end the schism is that both parties -should entirely renounce and resign all rights which they may have or -claim to have to the papal office.... - -The second way. But if both cling tenaciously to their rights and refuse -to resign, as they have done up to now, we would propose the way of -arbitration. That is, that they should together choose worthy and -suitable men, or permit such to be chosen in a regular and canonical -way, and these shall have the full power and authority to discuss the -case and decide it, and if necessary and expedient, and approved by -those who according to the canon law have the authority [that is, the -cardinals], they may also have the right to proceed to the election of a -pope. - -The third way. If the rival popes, after being urged in a brotherly and -friendly manner, will not accept either of the above ways, there is a -third way which we propose as an excellent remedy for this sacrilegious -schism. We mean that the matter shall be left to a general council. This -general council might be composed, according to canon law, only of -prelates, or, since many of them are very illiterate, and many of them -are bitter partisans of one or the other pope, there might be joined -with the prelates an equal number of masters and doctors of theology and -law from the faculties of approved universities. Or if this does not -seem sufficient to anyone, there might be added besides one or more -representatives from cathedral chapters and the chief monastic orders, -in order that all decisions might be rendered only after most careful -examination and mature deliberation. - - - -169. The Council of Pisa Declares it is Competent to Try the Popes. -1409. - - -Raynaldus, anno 1409, sec. 71. - -There was no recognized legal machinery in the church by which the -schism could be ended, and there was no emperor, as in the days of -Innocent II, who was willing to end it by force. It was decided to leave -the matter to a general council, but there was some doubt as to (1) -whether a council could be legally called by anyone except a pope, and -(2) whether the council was legally empowered to cite the two papal -claimants before it and decide the case between them. Finally a council -was called by the cardinals; it met at Pisa and proceeded first to -assert its legality and authority. The conciliar movement, begun by this -council, was foreshadowed in earlier documents. See nos. 165 and 168. - -This holy and general council, representing the universal church, -decrees and declares that the united college of cardinals was empowered -to call the council, and that the power to call such a council belongs -of right to the aforesaid holy college of cardinals, especially now when -there is a detestable schism. The council further declared that this -holy council, representing the universal church, caused both claimants -of the papal throne to be cited in the gates and doors of the churches -of Pisa to come and hear the final decision [in the matter of the -schism] pronounced, or to give a good and sufficient reason why such -sentence should not be rendered. - - - -170. An Oath of the Cardinals to Reform the Church. Council of Pisa, -1409. - - -Raynaldus, anno 1409, sec. 71. - -In the great councils of Pisa and Constance there were two parties, the -one in favor of reforming the church at once and ending the schism -afterwards (that is, by electing another pope), and the other in favor -of first electing the pope and then carrying out the reform under his -direction. The latter party was victorious, but before proceeding to the -election, each cardinal was compelled to take an oath that, if elected, -he would not dissolve the council until a thorough reform of the church -was brought about. - -We, each and all, bishops, priests, and deacons of the holy Roman -church, congregated in the city of Pisa for the purpose of ending the -schism and of restoring the unity of the church, on our word of honor -promise God, the holy Roman church, and this holy council now collected -here for the aforesaid purpose, that, if any one of us is elected pope, -he shall continue the present council and not dissolve it, nor, so far -as is in his power, permit it to be dissolved until, through it and with -its advice, a proper, reasonable, and sufficient reformation of the -universal church in its head and in its members shall have been -accomplished. - - - -171. The Council of Constance Claims Supreme Authority, 1415. - - -V. d. Hardt, II, p. 98. - -See introductory note to nos. 168, 169. - -This holy synod of Constance, being a general council, and legally -assembled in the Holy Spirit for the praise of God and for ending the -present schism, and for the union and reformation of the church of God -in its head and in its members, in order more easily, more securely, -more completely, and more fully to bring about the union and reformation -of the church of God, ordains, declares, and decrees as follows: And -first it declares that this synod, legally assembled, is a general -council, and represents the catholic church militant and has its -authority directly from Christ; and everybody, of whatever rank or -dignity, including also the pope, is bound to obey this council in those -things which pertain to the faith, to the ending of this schism, and to -a general reformation of the church in its head and members. Likewise it -declares that if anyone, of whatever rank, condition, or dignity, -including also the pope, shall refuse to obey the commands, statutes, -ordinances, or orders of this holy council, or of any other holy council -properly assembled, in regard to the ending of the schism and to the -reformation of the church, he shall be subject to the proper punishment; -and unless he repents, he shall be duly punished; and if necessary, -recourse shall be had to other aids of justice. - - - -172. Reforms Demanded by the Council of Constance, 1417. - - -V. d. Hardt, IV, p. 1452. - -The reforming party in the council of Constance had been defeated in its -attempt to fix the order of business which the council should follow. As -in the council at Pisa, it had been determined that the pope should be -elected first and then the reform be worked out. The leaders of the -reform party were fearful that no reform would be accomplished, and so -as a kind of compromise and as a last desperate effort they succeeded in -having the council enact that reforms should be made in the following -eighteen points. - -The holy council at Constance determined and decreed that before this -holy council shall be dissolved, the future pope, by the grace of God -soon to be elected, with the aid of this holy council, or of men -appointed by each nation, shall reform the church in its head and in the -Roman curia, in conformity to the right standard and good government of -the church. And reforms shall be made in the following matters: 1. In -the number, character, and nationality of the cardinals. 2. In papal -reservations. 3. In annates, and in common services and little services. -4. In the granting of benefices and expectancies. 5. In determining what -cases may be tried in the papal court. 6. In appeals to the papal court. -7. In the offices of the _cancellaria_, and of the penitentiary. 8. In -the exemptions and incorporations made during the schism. 9. In the -matter of commends. 10. In the confirmation of elections. 11. In the -disposition of the income of churches, monasteries, and benefices during -the time when they are vacant. 12. That no ecclesiastical property be -alienated. 13. It shall be determined for what causes and how a pope may -be disciplined and deposed. 14. A plan shall be devised for putting an -end to simony. 15. In the matter of dispensations. 16. In the provision -for the pope and cardinals. 17. In indulgences. 18. In assessing tithes. - -The following notes explain the various points of the reform program: -1. Various cardinals were frequently charged with luxurious living and -even with grave immorality. For some time French cardinals had been in -the majority. The demand was now made that all nations should have an -equal representation in the college of cardinals. 2. The popes -arbitrarily reserved the right to appoint to the richest livings, and -their appointees had to pay well for their appointments. 3. Annates were -(1) the income for a year, collected from every living or benefice when -it became vacant by the death of the holder; (2) the income of a -bishopric for a year, paid by the newly elected bishop. Under "common -services and little services" were included various other payments, in -addition to the annates, which every newly elected bishop was expected -to pay the pope. 4. The pope strove to increase the number of benefices -and livings to which he might appoint. It was not uncommon to sell the -"expectation" to a benefice; that is, while the holder of a benefice was -still alive the right or expectation of succeeding him in his benefice -at his death was sold to some one. 5. The popes wished to increase the -number of cases or trials that could be tried only in the papal court. -There was no clear principle to determine which cases must be tried in -the papal court, and which not. There were certain costs connected with -every trial, and hence such trials were a source of income to the papal -court. 6. So many appeals were made to Rome by those who had lost their -cases at home or who feared they would lose them, that the papal court -was overwhelmed with work and could not try them promptly. Appeals to -Rome were often made to gain time and to defeat justice. 7. The -"cancellaria" was the office in which the papal secretaries wrote the -bulls, letters, etc., of the pope. The penitentiary was the office "in -which are examined and delivered out the secret bulls, graces, and -dispensations relating to cases of conscience, confession, and the -like." 8. By exemptions is meant the freeing of a monastery from the -jurisdiction of the bishop in whose diocese the monastery is situated. -"Incorporation" is the depriving a parish church of its income and -giving it to another church. 9. A "commend" is the granting of a -benefice temporarily on the condition that a certain sum be paid for it -annually. 10. The pope must confirm the election of all bishops, abbots, -etc. 11. At the death of a bishop the pope claimed the income of his -bishopric until his successor was elected. The same is true of -monasteries and many ecclesiastical benefices. - - - -173. Concerning General Councils. The Council of Constance, 39th -Session, October 9, 1417. - - -V. d. Hardt, IV, p. 1435. - -The conciliar idea was that a general council, since it represented the -whole church, was the highest authority in the church, to which even the -pope must submit. The promoters of this idea planned to have a general -council meet at regular intervals. - -A good way to till the field of the Lord is to hold general councils -frequently, because by them the briers, thorns, and thistles of -heresies, errors, and schisms are rooted out, abuses reformed, and the -way of the Lord made more fruitful. But if general councils are not -held, all these evils spread and flourish. We therefore decree by this -perpetual edict that general councils shall be held as follows: The -first one shall be held five years after the close of this council, the -second one seven years after the close of the first, and forever -thereafter one shall be held every ten years. One month before the close -of each council the pope, with the approval and consent of the council, -shall fix the place for holding the next council. If the pope fails to -name the place the council must do so. - - - -174. Pius II, by the Bull "Execrabilis," Condemns Appeals to a General -Council, 1459. - - -Densinger, p. 172. - -In the great struggle with the councils the pope had come out -victorious. He had successfully resisted all attempts to make any -important changes in the administration of the church, or to introduce -the reforms which were so loudly called for. Although the council at -Basel had brought the conciliar idea into disrepute, there were many who -still called for a general council as the only means of securing the -reforms which were demanded. Pius II condemned and prohibited all such -appeals. - -The execrable and hitherto unknown abuse has grown up in our day, that -certain persons, imbued with the spirit of rebellion, and not from a -desire to secure a better judgment, but to escape the punishment of some -offence which they have committed, presume to appeal from the pope to a -future council, in spite of the fact that the pope is the vicar of Jesus -Christ and to him, in the person of St. Peter, the following was said: -"Feed my sheep" [John 21:16] and "Whatsoever thou shalt bind on earth -shall be bound in heaven" [Matt. 16:18]. Wishing therefore to expel this -pestiferous poison from the church of Christ and to care for the -salvation of the flock entrusted to us, and to remove every cause of -offence from the fold of our Saviour, with the advice and consent of our -brothers, the cardinals of the holy Roman church, and of all the -prelates, and of those who have been trained in the canon and civil law, -who are at our court, and with our own sure knowledge, we condemn all -such appeals and prohibit them as erroneous and detestable. - - - -175. William III of Saxony Forbids Appeals to Foreign Courts, 1446. - - -Schilter, De libertate ecclesiarum Germaniæ, pp. 808 ff. - -At this time secular rulers were everywhere growing in power, and -centralizing the authority in their own hands, which led them to try to -diminish the power of the clergy. This document shows the legal -confusion which then existed, caused in part by the usurpations which -the ecclesiastical courts practiced. Following the examples of the kings -of England and France, William III, duke of Saxony, limited -ecclesiastical courts to their proper jurisdiction and forbade the -clergy to try secular cases. As a sovereign power he also forbade all -appeals to foreign courts, which of course included the pope. - -My country suffers dishonor, and great loss and injury, in that many of -its inhabitants resort to foreign courts. Be it known that we have -decreed that hereafter no inhabitant of our country shall summon or sue -another before any foreign court, ecclesiastical or secular, for any -matter whatsoever. If the case is ecclesiastical and legally comes under -the jurisdiction of an ecclesiastical court, the plaintiff shall bring -it before some ecclesiastical court in our country, and be content with -the decision rendered there. There shall be no appeal to a foreign -court. If the case is secular, it shall be brought and pleaded before -the secular court where the defendant belongs. It shall be tried before -that court under whose jurisdiction the case falls, and the plaintiff -shall be content with the decision rendered. If any inhabitant of our -land is not content with the decision, but appeals to a foreign court in -any way, he shall be held to be an outlaw. He shall be banished for life -and never be permitted to return to this country; and anyone may attack -him and his property without any hindrance, because he is an outlaw.... -We and our subjects have for a long time been annoyed and troubled -beyond measure by the ecclesiastical judges who hear cases which do not -belong under their jurisdiction. For although they are only -ecclesiastical judges, they hear ecclesiastical and secular cases. And -very often they render unjust decisions. The effect of this is the -spread of unbelief among the people, who neglect and dishonor God and -the holy church. The glory of God and the honor of the church demand -that this abuse be stopped. We will therefore do all we can to have the -princes and prelates who have jurisdiction in our land reform their -ecclesiastical courts. For these ecclesiastical courts shall refuse to -hear secular cases and try only ecclesiastical cases. We forbid all -persons in our land to summon, sue, or denounce another on a secular -charge before an ecclesiastical court.... - - - -176. Papal Charter for the Establishment of the University of Avignon, -1303. - - -Bullarium Romanum, III, ii, pp. 101 f. - -It was regarded as the exclusive right of the pope to establish a -university, or _studium generale_, as it was called. We give the -document by which he established the University of Avignon as a sample -of these numerous papal establishments. It contains a clear and -interesting account of the examinations and the conferring of the -Master's degree. - -The city of Avignon for many reasons is eminently suited and fitted to -become the seat of a university. Believing that it would be for the -public good if those who cultivate wisdom were introduced into the city, -and that they would in time bear rich fruit, by this document we grant -that a university may be established there, in which Masters -[_magistri_] may teach, and scholars freely study and hear lectures, in -all faculties. And when those who study in the university attain a high -degree of knowledge, and ask for the permission to teach others, we -grant that they may be examined in the canon and civil law, and in -medicine, and in the liberal arts, and that they may be decorated with -the title of Master in those faculties. All who are to be promoted to -this honor shall be presented to the bishop of Avignon. He shall call -together all the Masters in the faculty concerned, and without any -charge he shall examine the candidates to discover their learning, -eloquence, manner of reading [lecturing], and the other things which are -required in those who are to be made Doctors or Masters. He shall then -consult the Masters about the examination and they shall vote on the -question of granting the degree [that is, decide whether the candidate -passed the examination or not]. But their vote shall be kept secret, and -the bishop shall never tell how they voted on the question. Those whom -he finds fit, he shall approve, and grant them the permission to teach -others. But those whom he finds are not fit, he shall refuse without -fear or favor. If the bishopric of Avignon is vacant, the candidates -shall present themselves to the _præpositus_ of the church, who shall -examine them and approve them in the way prescribed for the bishop. - -Those who are examined and approved in Avignon and receive the license -to teach, shall thereafter have the full and free right to read and -teach everywhere, in that faculty in which they have been approved, -without further examination or approval by anyone else. - -In order that such examinations may be properly held, we command that -all Masters who wish to read in the University of Avignon shall, before -beginning their work there as teachers, take a public oath that they -will come in person to all the examinations whenever called, and that -they will, _gratis_ and without fear or favor, faithfully give the -bishop their judgment about the examination, in order that those who are -worthy may be approved, and those who are unworthy may be rejected. -Those who refuse to take this oath shall not be permitted to read in the -university, or to be present at the examinations, or to share in any of -the advantages or benefits of the university. - -In order that the Doctors [teachers] and scholars of the university may -be able to devote themselves freely to their studies, and to make good -progress in them, we grant that all who are in the university, whether -teachers or scholars, shall have all the privileges, liberties, and -immunities which are generally granted to teachers and scholars of other -universities. - - - -177. Popular Dissatisfaction that the Church had so much Wealth, _ca._ -1480. - - -Goldast's Reichssatzung, p. 280. - -We give a brief passage from an unknown author to illustrate the growing -dissatisfaction of the common people that the church had so much wealth. -It betrays a dangerous temper of mind. In the light of this the -suppression of monasteries and the seizure of ecclesiastical property -which was carried out on so large a scale in the sixteenth century does -not seem strange. - -It is as clear as day that by means of smooth and crafty words the -clergy have deprived us of our rightful possessions. For they blinded -the eyes of our forefathers, and persuaded them to buy the kingdom of -heaven with their lands and possessions. If you priests give the poor -and the chosen children of God their paternal inheritance, which before -God you owe them, God will perhaps grant you such grace that you will -know yourselves. But so long as you spend your money on your dear -harlots and profligates, instead of upon the children of God, you may be -sure that God will reward you according to your merits. For you have -angered and overburdened all the people of the empire. The time is -coming when your possessions will be seized and divided as if they were -the possessions of an enemy. As you have oppressed the people, they will -rise up against you so that you will not know where to find a place to -stay. - - - -178. Complaints of the Germans against the Pope, 1510. - - -Gebhardt, Gravamina gegen den Römischen Hof, pp. 83 f. - -This is a brief list of the complaints made by the Germans in 1510 and -presented to Julius II. Most of them, it will be observed, are concerned -with the financial burdens with which the Germans felt that they were -overwhelmed. - -(1) That popes do not feel bound to observe the bulls, agreements, -privileges, and letters which have been issued by their predecessors, -but often dispense with, suspend, and revoke them at the request of -people even of low birth. (2) That the pope sometimes refuses to confirm -the canonical election of bishops. (3) That the pope sometimes rejects -the election of _præpositi_ [provosts], although made by chapters which -have paid a high price for the right to elect. ... (4) That the better -benefices and higher offices are reserved for the cardinals and the -chief officials of the papal court. (5) That an unlimited number of -expectancies are granted, and many are given for the same office to -different persons. And many expectancies are sold to one and the same -person. From this practice, lawsuits arise daily, which cause all -concerned to incur heavy expenses. For if a man buys an expectancy, he -will probably never get the office, but he will surely become involved -in a lawsuit about it which will cost him a great deal of money. On this -account the proverbial saying has arisen: "If anyone obtains an -expectancy from Rome, let him lay aside one or two hundred gold coins, -for he will need them in his lawsuit about it." (6) Even when a -bishopric is several times within a few years made vacant by death, the -pope without any mercy demands the prompt and full payment of the -annates. And sometimes when the pope creates new offices and enlarges -his court, more is demanded as annates than is just.... (7) Churches are -given to members of the papal court, some of whom are better fitted to -be mule drivers than pastors. (8) Old indulgences are revoked and new -ones sold, merely to raise money, although the laymen are thereby made -to murmur against their clergy. (9) Tithes are collected under the -pretext that a war is to be made against the Turks, but nothing of the -kind is ever done. (10) Cases which could easily be settled in Germany, -since there are good and just judges there, are indiscriminately called -before the papal court at Rome. St. Bernard, in writing to Eugene III, -severely criticised this practice. - - - -179. Abuses in the Sale of Indulgences, 1512. - - -Fr. Myconius, Geschichte der Reformation. - -Several references have been made to the need of a reform in the matter -of indulgences. Cardinal Raymond, papal legate in 1503, complained that -the agents who sold indulgences were actuated only by the basest motives -of gain and were thoroughly dishonest. Myconius (his German name was -Mecum) was a Franciscan monk who became a Protestant. - -We have thought it best to give first a statement of the doctrine of -indulgences in order that the abuses in their sale may be more clearly -apparent. - -"It is the catholic doctrine that when a sin is forgiven its punishment -is not necessarily at the same time remitted. Through the power of the -keys the eternal punishment is remitted, but generally there remain -temporal punishments which must be satisfied either in this world by -means of good works, or in the next by enduring punishment in purgatory. -The Bible, by examples as well as by statements, teaches that with the -removal of the eternal guilt and punishment, the temporal punishment is -not always remitted. Adam and Eve, after committing sin, repented and -were justified by God, but they were driven out of Paradise and -compelled to endure infinite misfortunes, and even death itself, as a -punishment of their sin. We are taught the same by the example of the -Israelites who were pardoned for their sin of murmuring through the -prayers of Moses, but, as a punishment for their sin, were excluded from -the promised land and perished in the wilderness.... From this it is -seen that the Bible demands not only the conversion of the heart, but -also that we render satisfaction by enduring temporal punishment for the -sin.... - -"This satisfaction which we must render [_i.e._, this temporal -punishment which we must endure] is a part of the sacrament of penance, -and must be imposed on us by the minister of penance [_i.e._, the -priest]. The doctrine of indulgences is inseparably connected with that -of satisfaction. By indulgence is meant a remission of the temporal -punishment made by a priest by means of the application of the treasure -of the church. The treasure of the church is the whole sum of the merits -of Jesus Christ ... in addition to all the good works or merits of all -the saints.... In the church, as St. Thomas Aquinas well says, some have -done greater penance than the measure of their sins demanded. Others -have suffered with patience many unjust tribulations, with which they -would have expiated the temporal punishments of many more sins than they -have committed. [All such good works in excess of what they needed to -make satisfaction for their own sins are called works of supererogation, -and being meritorious, their merit is added to the treasure of the -church and may, at the discretion of the church, be applied to the -benefit of others who are lacking in such good works.] One of the ways -in which the church distributes this common possession (treasure of -merits) is by means of indulgences."--From the _Theologia Dommatica_ of -Prof. Dati, vol. iii, Chap. XXIX, Florence, 1893. - -Anno 1512. Tetzel gained by his preaching in Germany an immense sum of -money which he sent to Rome. A very large sum was collected at the new -mining works at St. Annaberg, where I heard him for two years. It is -incredible what this ignorant and impudent monk used to say.... He -declared that if they contributed readily and bought grace and -indulgence, all the hills of St. Annaberg would become pure massive -silver. Also, that, as soon as the coin clinked in the chest, the soul -for whom the money was paid would go straight to heaven.... The -indulgence was so highly prized that when the agent came to a city the -bull was carried on a satin or gold cloth, and all the priests and -monks, the town council, schoolmaster, scholars, men, women, girls, and -children went out in procession to meet it with banners, candles, and -songs. All the bells were rung and organs played. He was conducted into -the church, a red cross was erected in the centre of the church, and the -pope's banner displayed.... - -Anno 1517. It is incredible what this ignorant monk said and preached. -He gave sealed letters stating that even the sins which a man was -intending to commit would be forgiven. He said the pope had more power -than all the apostles, all the angels and saints, even than the Virgin -Mary herself. For these were all subject to Christ, but the pope was -equal to Christ. After his ascension into heaven Christ had nothing more -to do with the management of the church until the judgment day, but had -committed all that to the pope as his vicar and vicegerent. - - - - -VI. FEUDALISM - - -Feudalism, as the prevailing order of society, socially, economically, -and politically, makes its appearance toward the end of the tenth -century. During the disorders consequent upon the disintegration of the -empire of the Carolingians (see nos. 15-25) the government failed to -supply protection and security, and ceased to act as a bond to hold men -together. As a result, certain local, private elements of society, which -were very generally diffused throughout that empire, were raised to the -rank of public political institutions. It is our purpose to illustrate -the origins and growth of feudalism, and the characteristic features of -the feudal state. The elements which lay at the basis of the feudal -system may be classified under three heads: (1) The personal dependence -of one man upon another; (2) dependent tenure of land, in which the -holder and user of the land was not the owner, but held it of or from -another; (3) the possession by private persons or corporations of -extensive sovereign rights over their lands and tenants. These elements -were present in various degrees and forms in the German tribes before -the migrations and in the later Roman empire, but it will be sufficient -for our purpose to show the existence and the character of these -elements in the tribal kingdoms and the Frankish kingdom under the -Merovingians, for in these states the German and Roman people and -institutions were united to form the society of the Middle Age. Then we -shall attempt to illustrate the growth and development of these elements -in the late Merovingian and in the Carolingian periods, and finally the -characteristic features of society in the feudal age. The difficulty in -illustrating the situation from public documents will be readily -understood; it is due to the fact that these institutions were only -partly legal or public, and to the fact that the makers of the laws took -for granted a knowledge of the institutions and did not think it -necessary to describe or explain them. It is hoped, however, that the -notes to the passages translated will make clear their meaning and -importance. - - - -180-197. Origins. - - -180-183. Personal Dependence. - -In the documents of the tribal kingdoms and Merovingian kingdom (_ca._ -500-700) there are many evidences of the importance for society of the -dependence of one man upon another, and of the fact that this relation -was superseding in importance the relation of the private man to the -state. On the one hand, men became dependents and retainers of the king -and the great officials and lords for mutual advantages, the superior -gaining the prestige that came with the possession of a large following, -and the dependents gaining employment under and connection with the -great persons of the state. On the other hand, poor land-owners, or -persons without lands of their own, commended themselves to landlords -for the purpose of receiving protection and support. In both cases the -personal dependence was connected with the holding of land, for the king -or great lord frequently gave land to his followers, while the poor man -who commended himself to another usually did it for the purpose of -acquiring land to cultivate; this side of the relation, however, will be -seen more clearly under the next section. - - - -180. Form for the Creation of an Antrustio by the King. - - -Marculf's Formulæ, I, no. 18; M. G. LL. 4to, V, p. 55. - -Most of the following documents are taken from books of formulæ; that -is, collections of forms of documents made by various persons to serve -as examples for the drawing up of charters, etc. They were probably made -from actual documents by leaving out the names and inserting _ille_ -(such an one) or similar expressions. The formulæ of Marculf were -written at the end of the seventh century. We quote them from the -edition in the _Monumenta Germaniæ_, Leges, vol. v, giving only the -pages in that volume after the first reference. - -It is right that those who have promised us unbroken faith should be -rewarded by our aid and protection. Now since our faithful subject -(name) with the will of God has come to our palace with his arms and has -there sworn in our hands to keep his trust and fidelity to us, therefore -we decree and command by the present writing that henceforth the said -(name) is to be numbered among our _antrustiones_.{82} If anyone shall -presume to slay him, let him know that he shall have to pay 600 solidi -as a wergeld for him. - - -{82} The position of the _antrustio_ is explained in the note to the -Salic law, XLI, no. 4. See also the reference to the _leudes_ in no. -189. - - - -181. Form for the Suspending of Lawsuits. - - -Marculf, I, no. 23; p. 57. - -One great advantage that the dependent possessed was the support and -influence of his lord in judicial trials and other matters of the sort. - -Know that we have ordered the apostolic man (name) [a bishop] or the -illustrious man (name) [a secular official or lord] to go to a certain -place, and we now command that as long as he is away all his lawsuits, -and those of his clients and dependents and people that live within his -jurisdiction, are to be suspended. Therefore we decree and order by the -present writing that until he returns all his cases and those of his -clients, both those who go with him and those who stay on his lands, and -of his people who live within his jurisdiction, shall be suspended, and -afterwards he shall do justice to everyone and receive justice from -everyone. - - - -182. Form for Commendation. Middle of Eighth Century. - - -Formulæ Turonenses, no. 43; p. 158. - -Notice the reason given by the person who commends himself, the effects -of commendation on both parties, and the binding nature of the -agreement. The reason alleged (extreme poverty) is probably a mere form -of speech, and was not present in each actual instance of commendation. - -To my great lord, (name), I, (name). Since, as was well known, I had not -wherewith to feed and clothe myself, I came to you and told you my wish, -to commend myself to you and to put myself under your protection. I have -now done so, on the condition that you shall supply me with food and -clothing as far as I shall merit by my services, and that as long as I -live I shall perform such services for you as are becoming to a freeman, -and shall never have the right to withdraw from your power and -protection, but shall remain under them all the days of my life. It is -agreed that if either of us shall try to break this compact he shall -pay -- solidi, and the compact shall still hold. It is also agreed that -two copies of this letter shall be made and signed by us, which also has -been done. - - - -183. Form by which the King Allows a Powerful Person to Undertake the -Cases of a Poor Person. - - -Marculf, i, no. 21; pp. 56 f. - -Our faithful subject, (name), with the will of God has come to us and -told us that he is not able on account of his weakness to defend or to -prosecute his cases before the court. Therefore he has besought us to -allow the illustrious man (name) to take up his cases for him, both in -the local court and in the royal court, whether he prosecutes or is -prosecuted, and he has commended his affairs to him in our presence by -the staff. Therefore we command, in accordance with the desire of both -parties, that the aforesaid man (name) may undertake the cases of the -other (name), and that he shall do justice for him and for all his -possessions, and get justice for him from others; this shall be so, as -long as both desire it. - - -184-188. Dependent Tenure of Land. - -Absolute ownership of land was giving place to possession of land owned -by others than the holder. The greater landlords (the king, the church, -and the great officials and lords) sought to acquire cultivators for -their lands, while the poorer land-owners and the persons without lands -of their own sought a means of livelihood or protection. The usual form -was the benefice or the precarium. The benefice was the name applied -generally in this time to land the use of which was granted by the owner -to others for a term of years, for life, or in perpetuity. The -_precarium_ was a form of the benefice, the name being technically -applied to lands thus granted in response to a letter of request or -prayer (_litteræ precariæ_). It will be seen from the documents that the -lands were usually those that had been given originally by the poor -land-holder to the greater landlord and then received back as benefice -or _precarium_. The reason was undoubtedly in many cases the desire of -the owner to come under the protection of the greater landlord. The king -also gave land to his followers and officials, either to bind them to -him or to reward them for services; it is probable, although not -certain, that these lands, in part at least, were held only for life or -a term of years, on condition of services or faithfulness, and so were -in a sense benefices. - - - -184. Form for the Gift of Land to a Church to be Received back by the -Giver as a Benefice. - - -Marculf, II, no. 3; pp. 74 ff. - -... I, (name), and my wife, (name), in the name of the Lord, give by -this letter of gift, and transfer from our ownership to the ownership -and authority of the monastery of (name), over which the venerable abbot -(name) presides, and which was founded in the honor of (name) by (name) -in the county of (name), the following villas{83} (name), situated in -the county of (name), with all the lands, houses, buildings, tenants, -slaves, vineyards, woods, fields, pastures, meadows, streams, and all -other belongings and dependencies, and all things movable and immovable -which are found in the said villas now or may be added later; in order -that under the protection of Christ they may be used for the support and -maintenance of the monks who dwell in the aforesaid monastery. We do -this on the condition that as long as either of us shall live we may -possess the aforesaid villas, without prejudice to the ownership of the -monastery and without diminution of the value of them, except that we -shall be allowed to emancipate any of the slaves that dwell on the lands -for the salvation of our souls. After the death of both of us, the -aforesaid villas with any additions or improvements which may have been -made, shall return immediately to the possession of the said monastery -and the said abbot and his successors, without undertaking any judicial -process or obtaining the consent of the heirs. - - -{83} The term _villa_, as used in these documents, means a domain or -estate with a group or village of dependent cultivators. - - - -185. Form for a Precarial Letter. - - -Marculf, II, no. 5; pp. 77 f. - -To our lord and father in Christ, the holy and apostolic bishop (name), -I (name), and my wife (name). It is well known that we have given in the -name of the Lord our villa of (name), situated in the county of (name), -in its entirety and with all that we possessed there, by a letter of -gift to the church of (name), founded in the honor of (name), and that -you have received it on behalf of the said church. And in response to -our petition you have granted that as long as we or either of us shall -live we shall hold the said villa as a benefice with the right of -usufruct,{84} with the understanding that we shall not diminish its -value in any way or alienate anything that belongs to it, but shall hold -it without prejudice to the ownership of the said church or bishop. -Therefore we have written this precarial letter in witness that our -possession shall not work any prejudice to your ownership or any injury -to the said villa; but that we only have the use of it during our lives, -and that after we are dead you shall immediately recover it with all the -additions and improvements which we may have made, by virtue of this -precarial letter, which shall be renewed every five years, and without -requiring any judicial process or obtaining the consent of the heirs; -and that thereafter you shall hold it forever, or do with it whatever -may seem to you to be to the best interests of the said church. - - -{84} To hold land with the right of usufruct or to have the usufruct of -land, means to hold, use, and enjoy the products of land the ownership -of which belongs to another. Thus a benefice is a form of usufruct. It -corresponds practically to modern long lease, which is sometimes -expressed in our legal usage as lease for 99 years, etc. - - - -186. Form of Precarial Letter. - - -Marculf, II, no. 39; pp. 98 f. - -To our lord and father in Christ, the holy and apostolic bishop (name), -I (name), and my wife (name). Since you have permitted us, as long as we -or either of us shall live, to hold the land (name) belonging to your -church (name), which (name) gave to the said church for the salvation of -his soul, therefore for this permission and for the salvation of our -souls we have given this other place (name), to belong to the said -church and to you and your successors after we are both dead. This we -have done on the condition that as long as we live we may possess the -said places, both that which you have permitted us to use and the one -which we have given you for the salvation of our souls, with the right -of usufruct, without diminishing its value or prejudicing the rights of -your church; and that after we are dead the said places shall -immediately revert to your ownership by virtue of this precarial letter, -without requiring any renewal of the letter, and in spite of any -opposition from our heirs or from anyone else. - - - -187. Form of Precarial Letter. - - -Formulæ Bituricenses, no. 2; p. 169. - -To the lords (names), we (name), and (name). It is well known that our -father lived on your lands and made a precarial letter to you for them, -which we now renew and sign, humbly beseeching you to allow us to remain -on the same lands.{85} In order that our possession of the lands may not -prejudice the rights of you and your successors in them, we have -deposited with you this precarial letter, agreeing that if we ever -forget its terms, or ever refuse to obey you or your agents in anything -which you command, or ever assert that this is not your land, we may be -punished according to the severity of the law as wicked violators of -your rights, and may be driven from the lands without judicial sentence. - - -{85} This and the following document are instances of a very common -practice; the heirs of the holder of a precarium took it over on the -same terms. The result was that the relation tended to become permanent, -and a regular class of dependent land-holders grew up. Notice also the -subjection of the holders of the precarium to the grantors, in this case -secular lords. - - - -188. Gift of Land to be Received back and Held in Perpetuity for a Fixed -Rent. - - -Formulæ Augienses, B, no. 8; pp. 352 f. - -The first part of the form, including the original gift of the land, is -omitted in the original, but may be supplied from a preceding number. - -I do this on the condition that as long as I live I may hold the said -lands for the said rent, and that my children and their posterity may do -the same forever. - - - -189. Treaty of Andelot, 587. - - -M. G. LL. 4to, II, I, no. 6; Gregory of Tours, IX, ch. 20. - -This is a treaty between two of the Merovingian kings, Gunthram of -Burgundy and Childebert II of Austrasia. It forms an incident in the -civil war begun between Sigebert and Chilperic; see no. 5, Gregory of -Tours, IV, ch. 28, and note. - -It illustrates the practice of the kings of giving land to their -followers and officials. This was very important in the creation of a -landed aristocracy. See the remarks above in regard to the nature of -these gifts (introductory note to nos. 184-188). - -In accordance with the treaties made between Gunthram and Sigebert of -blessed memory, it is likewise agreed that those _leudes_,{86} who after -the death of Chlothar I first gave their oaths to Gunthram and then -later removed to other parts, are to be made to return from the places -where they are now dwelling. It is also agreed that those who, after the -death of Chlothar I, gave their oaths to Sigebert and then removed to -other parts are in a similar manner to be made to return. Likewise -whatever the aforesaid kings bestowed or with the consent of God wished -to bestow upon churches or upon their faithful subjects, shall remain in -the possession of the churches or subjects. And whatever shall be -restored in this way to the subject of either king, legally and justly, -shall be held by that person as his own.... And let each one possess in -security whatever he has received through the munificence of preceding -kings, to the time of the death of Chlothar I of blessed memory, and if -anything has been taken from the faithful subjects since that time, it -shall be restored to them from this moment.... Likewise it is agreed -that neither of the kings shall entice away the _leudes_ of the other or -receive them; but if some of the _leudes_ believe they are justified in -leaving their king by reason of injuries done to them, they are to be -compensated for their injuries, and made to return.... - - -{86} The _leudes_ are evidently the personal dependents of the king, -that is, _antrustiones_. They were probably given land by the king. -Notice the other references in the treaty to persons holding land from -the "munificence" of the king. The same thing is referred to in nos. -190, 193, 194. - - -190-194. Grants of Immunity. - -In the feudal age practically every landlord exercised over his lands -and tenants rights and authority which are now regarded as sovereign -rights belonging to the state. This was due in the main to the practice -of the Merovingian and Carolingian kings of granting immunity to the -churches and the great landlords, a practice which naturally grew with -the increasing weakness of the monarchy and the growth of the power of -the nobles. A grant of immunity operated to exclude the public officials -from lands, which were then in theory under the immediate control of the -king. In the late Merovingian period the weakness of the kings and the -disorganization of the public administration left the control of -immunity domains really in the hands of the landlords. The holder of -land covered by a grant of immunity thus came to represent the state to -the people on his lands. He established courts for the trial of cases -arising among his tenants or represented them before the public courts; -he was also frequently given the right to collect the taxes, revenues, -tolls, etc., from the lands of people, which would otherwise go to the -royal treasury. Most of the grants of immunity which have come down to -us are in favor of church lands, but they were also granted to secular -lords. The churches preserved their documents better than secular -persons did. - - - -190. Precept of Chlothar II, 584-628. - - -M. G. LL. 4to, II, 1, no. 8. - -Notice the references to immunity, to grants of land to "churches and -powerful persons" (lords and officials), and the implied right of such -landlords to appoint judges for trial of cases among their tenants -(private jurisdiction). - -11. We grant to the churches the taxes from the fields and pastures and -the tithes of swine, so that no collector or titheman shall enter the -lands of a church to gather such dues for the royal treasury. Public -officials shall not demand any services from the churches of clergymen -who have acquired immunity from our father or grandfather. - -12. Whatever has been given to churches or to clergymen or to any person -through the munificence of our aforesaid predecessors of blessed memory -is to belong to them in all security. - -14. The property of churches, priests, and of the poor who cannot -protect themselves, shall be under the protection of public officials -until their cases can be brought to the king and justice be done; only -in so far, however, as it shall not infringe on the rights of immunity -which have been granted by former kings to any church or powerful person -or to anyone else, for the keeping of peace and the preservation of -discipline. - -19. Bishops and powerful persons who have possessions in various regions -shall not appoint travelling judges or any judges except such as belong -to the county in which they serve. - - - -191. Grant of Immunity to a Monastery, 673. - - -M. G. DD. folio, I, pp. 30 f; Altmann und Bernheim, no. 112. - -Childeric, king of the Franks, illustrious man.... We have commanded it -to be made known to all that the venerable and pious abbot Berchar came -to us and asked us to grant him a certain place in the forest of Vervo -in Gascony, in which he might build a monastery, and to give him -material and resources by which he might construct a monastery there and -establish a congregation of monks. Now the request of this great man -pleased us and we granted him what he asked. Then having built his -monastery ... in the honor of Sts. Peter and Paul and the other saints, -he besought us, in order to make secure the whole undertaking, to bestow -complete immunity upon the monastery. Therefore, we, moved to this by -the kindness which Heaven has shown to us, have hearkened to the prayer -of this man ... and with the consent of our bishops and nobles do now -concede entire immunity over the whole possessions of this monastery ... -for the peace of our kingdom and for the reverence which we have for -this religious place. We command that no public official of any -authority shall presume to enter the lands of this monastery ... for the -purpose of hearing cases, of seizing securities, of collecting taxes, of -demanding entertainment, or of extorting tolls from cities or markets; -nor shall he presume to exact any taxes or payments whatever, but the -monks shall rule and possess, both in our time and in the future, all -the property of this monastery in all places and lands, where they have -possessions, as aforesaid, without being subject to the entrance of -officials or to exactions on the part of the royal treasury.... - - - -192. Form of a Grant of Immunity to a Monastery. - - -Marculf, I, no. 3; pp. 43 f. - -We believe that our reign will best be rendered memorable, if we bestow -suitable benefits on churches (or whatever you wish to insert here), -with pious purpose, and if we secure these benefits under the protection -of God by putting them in writing. Therefore, be it known to you that we -have granted the request of that apostolic man, the bishop of (name), -for the salvation of our souls; namely, that no public official may -enter the lands which his church holds now, by our gift or by the gift -of anyone else, or which his church may receive in the future, for the -purpose of trying cases, or collecting taxes; but that the said bishop -and his successors shall hold the said lands in the name of the Lord -with full immunity. We decree therefore that neither you nor any of your -subordinates or successors, nor any other public official shall presume -to enter the lands of the said church for the purpose of trying cases, -of collecting taxes or revenues, or receiving entertainment or seizing -supplies or securities. All the taxes and other revenues which the royal -treasury has a right to demand from the people on the lands of the said -church, whether they be freemen or slaves, Romans or barbarians, we now -bestow on the said church for our future salvation, to be used by the -officials of the church forever for the best interests of the church. - - - -193. Form by which the King Granted Lands with Immunity to Secular -Persons. - - -Marculf, I, no. 14; pp. 52 f; Altmann und Bernheim, no. 113. - -Those who from their early youth have served us or our parents -faithfully are justly rewarded by the gifts of our munificence. Know -therefore that we have granted to that illustrious man (name), with -greatest good will, the villa called (name), situated in the county of -(name), with all its possessions and extent, in full as it was formerly -held by him _or_ by our treasury. Therefore by the present charter which -we command to be observed forever, we decree that the said (name) shall -possess the villa of (name), as has been said, in its entirety, with -lands, houses, buildings, inhabitants, slaves, woods, pastures, meadows, -streams, mills, and all its appurtenances and belongings, and with all -the subjects of the royal treasury who dwell on the lands, and he shall -hold it forever with full immunity from the entrance of any public -official for the purpose of exacting the royal portion of the fines from -cases arising there; to the extent finally that he shall have, hold, and -possess it in full ownership, no one having the right to expect its -transfer, and with the right of leaving it to his successors or to -anyone whom he desires, and to do with it whatever else he wishes. - - - -194. Grant of Immunity to a Secular Person, 815. - - -Altmann und Bernheim, no. 114. - -In the name of our Lord and Savior Jesus Christ. Ludwig, by divine -providence emperor, Augustus. Be it known to all our subjects, present -and future, that our faithful subject, John, has come to us and -commended himself to us, and has besought us to confirm to him the -possession of lands [described] which he and his sons and their men have -cleared and occupied. He has shown us the charter which he received from -our father Karl the Great. We have consented to do this and have done -even more; we have given him certain villas [named] with their extent -and dependencies ... granting that he and his sons and his posterity may -hold them in peace and security. No count, _vicarius_, or their -subordinates, or any other public official shall presume to judge or -constrain any persons living on those lands, but John and his sons and -their posterity shall judge and constrain them.... - - -195-208. Growth of the Feudal Elements During the Late Merovingian and -the Carolingian Period. - -The elements which we have just described and illustrated were -essentially private in their nature. They assumed, however, political -importance in the threatened dissolution of society, due to the failure -of the public government. In a period when the state was unable to give -adequate protection to the common individual, that person naturally -regarded his allegiance to his real protector, his lord or landlord, as -of more importance to him than his relation to the state. The natural -tendency of powerful persons to increase their power over their -dependents and their independence of higher authority was given its -opportunity by the weakness of the monarchy and the central government. -The four centuries from 550-950 were in the main a period of disorder, -interrupted, of course, by the period of Carolingian strength, including -the reigns of Karl Martel, Pippin, and Karl the Great. During these four -centuries the existing feudal elements developed and hardened into a -system of society, and two new features were added: the feudalizing of -offices, and the connection of land-holding with military service. These -are so characteristic of the feudal age that their origin is illustrated -here. - - -195-196. The Feudalizing of Public Offices. - -By this is meant the practice of inheritance of office and the union in -one person of the characteristics of an official and a great landlord. -Thereby the local officials of the king, such as the counts, tended to -form an hereditary landed nobility, the office being held usually by the -great landed family of the county. It is obvious that this tendency -would grow in a period when the monarchy and the central government was -weak, the king either being unable to restrain the powerful local -officials or else granting them these privileges in order to retain -their support. It is obvious also that the local officials would strive -to increase their private advantages--possession of land, and personal -authority over the inhabitants of their lands or districts--at the -expense of their public position as representatives of the king. So in -the feudal period in France, Italy, and Germany (in the last named the -development was much slower), the titles duke, margrave (marquis), -count, etc., ceased to have an official significance and became the -titles of a landed aristocracy. - - - -195. Edict of Chlothar II, 614. - - -M. G. LL. 4to, II, 1, no. 9. - -12. No one from another province or region shall be made judge [count] -in any county; so that if a count has done injury to anyone he may be -forced to make good the injury from his own possessions. - -The count, like the _grafio_ of the Salic law, was originally a servant -of the king sent into the county to look after the king's interests -there. It appears from this document that the counts were now appointed -from among the land-owners of the county. - - - -196. Capitulary of Kiersy, 877. - - -M. G. LL. 4to, II, 2, no. 282. - -The capitulary of Kiersy was published by Charles the Bald, just before -he left France for Italy, and was intended to regulate the affairs of -the kingdom, which was entrusted to his son during his absence. It shows -how completely the practice of inheritance of land and office had -developed during the Carolingian period. The office, position, and lands -of counts, vassals of the king, and vassals of ecclesiastical and -secular lords were regarded as hereditary by this time. - -3. If a count whose son accompanies us shall die during our absence, our -son with the advice of our faithful subjects shall appoint one of the -near relatives of the deceased count to govern the county with the aid -of the officials of the county and the bishop in whose diocese it is, -until we are notified of the case and have an opportunity to give the -son of the count his father's honors. But if the deceased count shall -leave a minor son, that son shall govern the county with the aid of the -officials and the bishop in whose diocese it is, until the death of the -said count has been brought to our notice and we endow the son with his -father's honors. But if the count shall not leave a son, our son with -the advice of our faithful subjects shall appoint someone to govern the -county with the aid of the officials of the county and the bishop, until -our commands in respect to it are made known. And no one shall feel -aggrieved, if we give the county to another than the one who governed it -up to the time of our appointment. The same procedure shall be observed -in regard to our vassals; and the bishops, abbots, and counts of our -kingdom, and our other faithful subjects, shall do the same toward their -men. - - -197-202. The Military Obligation of the Holder of Land. - -The connection of military service with the holding of land and with -noble character is one of the characteristic features of the feudal -system. The feudal noble was regularly the holder of a fief on terms of -allegiance and military service to his superior. In the Germanic tribes -military service was obligatory on every freeman, but there was also a -fighting élite, or aristocracy, composed of the chiefs and their -followers (see no. 1, Tacitus, chapters 13 and 14). The military -obligation of the freeman remained in theory during the Merovingian and -Carolingian periods, but in practice it was connected rather with the -possession of land and was performed largely by the lords and their -followers. Towards the end of the Merovingian period, much of the land -was in the possession of the church and was escaping from public burdens -because of immunity. Karl Martel found it necessary to increase the -military strength of the kingdom; the particular occasion is supposed to -have been the need of horsemen to meet the Arab invasion. He accordingly -forced the churches to give portions of their lands to secular persons -who could perform military service, and the holders of these lands were -required to bring a troop of mounted warriors to the army. Such lands -were held on terms of military service to the state and as _precaria_ -from the church. The same conditions were then attached to lands held -from the king, and the term benefice--used in the earlier period of -lands held from another in general--now came to be applied technically -to lands held from the king or superior on condition of performing -military service, usually on horseback. The number of mounted soldiers -the holder of a benefice had to furnish of course varied with the size -of his holding. The great lords raised the necessary troops by giving -portions of their lands to their retainers on condition that the -retainers should accompany them to war. So the obligation to perform -military service was attached also to the small estates held not -directly from the king, but from a great lord. We give here references -to the appropriation of church lands, to the relation of the holder of -the lands to the church and to the king, and to the extension of the -name and practice to other than church lands. - - - -197. Capitulary of Lestinnes, 743. - - -M. G. LL. 4to, II, 1, no. 11. - -This is a capitulary of Carlmann, the brother of Pippin. It is the -earliest case which has come down to us of appropriation of church lands -for the purpose referred to. - -2. Because of the threats of war and the attacks of certain tribes on -our borders, we have determined, with the consent of God and by the -advice of our clergy and people, to appropriate for a time part of the -ecclesiastical property for the support of our army. The lands are to be -held as _precaria_ for a fixed rent; one solidus, or twelve denarii, -shall be paid annually to the church or monastery for each _casata_ -[farm]. When the holder dies the whole possession shall return to the -church. If, however, the exigency of the time makes it necessary, the -prince may require the _precarium_ to be renewed and given out again. -Care shall be taken, however, that the churches and monasteries do not -incur suffering or poverty through the granting of _precaria_. If the -poverty of the church makes it necessary, the whole possession shall be -restored to the church. - -The whole capitulary, of which paragraph 2 is translated, is concerned -with ecclesiastical matters; accordingly only the interests of the -church in the military benefice is explained here. The relation of the -holder to the state comes out in other documents. Notice the express -reason given for the appropriation, and the relation of the holder to -the church from which the land was held. - - - -198. Capitulary of Aquitaine, Pippin, 768. - - -M. G. LL. 4to, II, 1, no. 18. - -5. Whoever holds a benefice from us shall be careful and diligent in its -management; otherwise he shall lose the benefice, but retain his own -property. - -11. All secular persons who hold church lands shall hold them as -_precaria_. - -Paragraph 5 refers to lands held from the king. Notice the distinction -made between such land and land held in full ownership. Paragraph 11 -repeats the provision made in the preceding number, that lands held from -the church as benefices are to be regarded as _precaria_; this is found -in a number of capitularies of this period, suggesting that the holders -were apt to forget their obligation to the church and to treat the land -as their own property. - - - -199. Capitulary of Heristal, 779. - - -M. G. LL. 4to, II, 1, no. 20. - -14. (Lombard form.) Laymen who hold lands from churches as benefices by -the command of the king, are to continue to hold them unless the king -orders them restored to the churches. - - - -200. General Capitulary to the Missi, 802. - - -M. G. LL. 4to, II, 1, no. 33. - -Part of this capitulary is also translated as no. 9. This and the -following document illustrate the holding of royal benefices, and the -difficulty in making the holders perform their duties. It was part of -the duty of the _missi_ to look after the royal benefices. - -6. No man shall lay waste a benefice in order to improve his own -property. - - - -201. Capitulary to the Missi, 806. - - -M. G. LL. 4to II, 1, no. 46. - -6. We have heard that counts and other men who hold benefices from us -have improved their own property at the expense of the benefices, and -have made the serfs on the benefices labor on their own land, so that -our benefices are waste and those dwelling on them in many places suffer -great evils. - -7. We have heard that some sell the benefices which they hold from us to -other men in full ownership, and then, having received the price in the -public court, they buy back the lands as allodial lands. This must not -be done, for those who do this break the faith which they promised us. - - - -202. Capitulary Concerning Various Matters, 807. - - -M. G. LL. 4to, II, 1, no. 49. - -3. Concerning the Frisians, we command that our counts and vassals who -hold benefices, and all horsemen in general, shall come to our assembly -prepared for war. - - -203-208. Effect of the Carolingian Organization on the Growth of -Feudalism. - -Karl the Great succeeded in reducing the great dukes to subjection (see -no. 7, Einhard, ch. 5 and 11, and notes), and enforcing obedience to law -in general throughout his empire, but he did not interfere with the -immunity rights of churches and lords over the inhabitants of their -lands or with dependence of vassals and tenants on the great -land-owners. Indeed, his attempt to reduce everything to law and system -resulted in completing and fixing these relations. The following -passages illustrate the increased dependence of the lower orders and the -greater and more complete authority of the powerful persons in the -state. - - - -203. General Capitulary to the Missi, 805. - - -M. G. LL. 4to, II, 1, no. 44. - -16. Concerning the oppression of poor freemen: that they are not to be -unjustly oppressed by more powerful persons on any pretext, and forced -to sell or give up their property. - - - -204. Capitulary of 811. - - -M. G. LL. 4to, II, 1, no. 73. - -This and the preceding document illustrate the attempts of the great -lords to round out their domains and increase the number of their -dependent tenants by forcing poor free land-owners to give up their -lands and become tenants. - -2. Poor men complain that they are despoiled of their property, and they -make this complaint equally against bishops and abbots and their agents, -and against counts and their subordinates. - - - -205. Capitulary of Worms, 829. - - -M. G. LL. 4to, II, 2, no. 193. - -6. Freemen who have no lands of their own, but live on the land of a -lord, are not to be received as witnesses, because they hold land of -another; but they are to be accepted as compurgators, because they are -free. Those who have land of their own, and yet live on the land of a -lord, are not to be rejected as witnesses because they live on the land -of a lord, but their testimony shall be accepted, because they have land -of their own. - -Notice the effect that dependent tenure of land is having on the legal -status of freemen. - - - -206. Capitulary of Aachen, 801-813. - - -M. G. LL. 4to, II, 1, no. 77. - -16. No one shall leave his senior, after he has received from him the -value of a solidus, unless his senior attempts to kill him, to beat him -with a club, to violate his wife or his daughter, or to take his -hereditary possession from him. - - - -207. Agreement of Lothar, Ludwig, and Charles, 847. - - -M. G. LL. 4to, II, 2, no. 204. - -2. We decree that every freeman shall accept whatever senior he wishes -in our kingdom, from among us and our faithful subjects. - -3. We command that no man shall leave his senior without good cause, and -that no lord shall receive a man who has left his senior, unless it be -in accordance with the customs of our predecessors. - -4. Every subject of each one of us shall go to war or other necessary -expedition with his senior, unless the kingdom is invaded and all the -subjects are called out in mass to repel it, which is called _landwehr_. - - - -208. Capitulary of Bologna, 811. - - -M. G. LL. 4to, II, 1, no. 74. - -5. If any man who holds a benefice of the king shall release his subject -from going to war with him or shall refuse to allow him to go and fight -with him, he shall lose his benefice. - -7. Concerning the vassals of the emperor who serve him in the palace, -and have benefices. It is decreed that those who remain at home with the -emperor shall not keep their tenants with them, but shall let them go to -war with the count of the county. - -The name senior is used in Carolingian documents for the lord who has -authority over dependent tenants and vassals. Notice in the two -documents preceding that the subjects of a lord are bound to him by law, -and that they go to war, not with the general levy under command of -public officials, but with their fellows of the same lands under command -of the senior. - - -209-228. The Feudal System in its Definite Form. - -The elements already described became the system of society and -government in the states which in the ninth and tenth centuries -developed from the empire on its dissolution. The system gradually -became settled and organized, the feudal kingship developed to give it a -head, and it took the form recognized as the feudal system. - -The features to be noticed are the relation of the vassal to his lord, -the position of the king, and the economic organization of the land and -the obligations of the cultivators to the landlords. The origin and -growth of these features in the earlier age have been shown in nos. -180-208; it only remains to show how they were organized in the feudal -age. - -The vassal was bound to the lord of whom he held a benefice or fief by -the oath of fidelity and homage. He also owed his lord certain services -of noble character, the chief of which was military service. This was -not perpetual service, but was limited by law or custom, usually -consisting of 40 days' active service, and a certain amount of guard in -the castle of the lord or in the castle which the vassal held as a fief -of the lord. Aids or money payments were also paid by vassals on certain -occasions, such as the marriage of the lord's oldest daughter, the -knighting of the lord's oldest son, and the captivity of the lord. The -lord had also certain rights over his vassals, which were frequently -commuted for money: wardship, the right of guardianship of minor heirs, -and the management and use of the fiefs during the minority; marriage, -the right to choose or be consulted in the choice of a husband for -female holders of fiefs; relief, the right to exact a certain payment -from the heir when he succeeded to a fief; escheat, the right of taking -back the fief into his own possession upon the failure of heirs, etc. -These rights and payments have their origin in the personal dependence -of the vassal upon the lord. They were occasional and did not form a -part of the regular income of the lord, although they might be worth -considerable at times. The regular income of the lord came from his -domain lands, the lands which were not let out in fief, but which were -cultivated by tenants or serfs, and which supplied the lord with money, -resources, and services. - -The authority of the king in the feudal state was very limited. This was -due chiefly to the fact that each lord exercised practically sovereign -rights over his lands and dependents. The feudal king was in origin one -of the great feudal lords (cf. in France, Hugh Capet, duke of Francia; -and in Germany, Henry I, duke of Saxony), who was chosen by the great -lords and became their overlord. He had the same rights on his own -domains as any feudal lord, but had only the authority of an overlord -over his great vassals. He had no direct control over the vassal of his -vassal, but could reach such an one only indirectly through that -person's immediate superior. The holders of great domains exercised not -only jurisdiction over the tenants on their lands, but possessed also -other sovereign rights, such as the right of coinage, of collecting -tolls and taxes, etc. - -The basis of the economic life of the feudal age was the cultivation of -land. Commerce, trade, and organized industry did of course exist during -the Middle Age, but they were non-feudal in spirit and grew up outside -of and in spite of feudalism. Land was organized in domains or estates, -containing each a group of cultivators forming a community or little -village. These cultivators held their land from the landlord on very -complex terms of rent and services. Rents were paid in money or in a -portion of the produce of the land. In each village the lord had a -house, and a farm (manor-farm or head farm) which was worked by personal -serfs and by the services owed by tenants. Aside from rents and services -the lord possessed certain rights over his tenants, which were a source -of revenue. The chief of these were: justice, the right to hold courts -on his lands for the trial of cases arising among the tenants, and to -levy and collect the fines; banalities (banvin, etc.); the right to sell -his own wine, grain, etc., a certain number of days before the tenants -could sell theirs (this he frequently released for a certain tax); the -rights of market, mill, bake-oven, etc., which were owned by the lord, -and from which he received tolls (these were frequently let out to other -persons for an annual rent). A great lord, as a count or duke, would own -a great many such domains, and would have a house or castle and farm in -each one, and an agent or representative to care for his interests in -the domain. Nobles of the lowest rank, as the knight or chatelain, might -own only two or three, or even a single domain. - - - -209-217. Homage, Investiture, Aids, etc. - - -209. Homage. - - -Boutillier, Somme rurale, I, 18. - -These documents illustrate the form of feudal practices after the system -had become fairly well fixed. Most of the passages are from -_Coutumiers_, codes or digests of feudal law and practice, of which -there were a great many in the Middle Age. Some of the famous ones are: -in England, those of Bracton and Littleton; in France, the -_Établissements de St. Louis_, _Coutumes de Beauvaisis_, by Beaumanoir, -and several provincial customs, as the _Coutumes_ of Normandy, of Anjou, -etc. Most of the references were taken from Du Cange, Glossarium, -_Hominium_. See no. 180, for an early form of homage. - -The man should put his hands together as a sign of humility, and place -them between the two hands of his lord as a token that he vows -everything to him and promises faith to him; and the lord should receive -him and promise to keep faith with him. Then the man should say: "Sir, I -enter your homage and faith and become your man by mouth and hands -[_i.e._, by taking the oath and placing his hands between those of the -lord], and I swear and promise to keep faith and loyalty to you against -all others, and to guard your rights with all my strength." - - - -210. Homage. - - -Coutume de la Marche, art. 189. - -The manner of doing homage to another is as follows: The man who wishes -to enter the homage and fealty of a lord should humbly request the lord -to receive him into his faith; his head should be uncovered, and the -lord may be seated if he wishes; the vassal should take off his belt and -sword, and should kneel and say the words of homage, etc. - - - -211. Homage. - - -Ancienne coutume de Normandie, art. 107. - -The form of homage is as follows: The vassal who holds by noble tenure -reaches out his hands and places them between the hands of his lord and -says, etc. - - - -212. Homage. - - -Bracton, De legibus et consuetudinibus Angliæ, II, 35. - -The tenant [vassal] should place his clasped hands between the hands of -the lord; by this is signified, on the part of the lord, protection, -defense, and guarantee; on the part of the vassal, reverence and -subjection. - - - -213. Homage. - - -Tabularium Campaniæ, cited by Du Cange, Glossarium, _Ligius_. - -I, John of Toul, make known that I am the liege man of the lady -Beatrice, countess of Troyes, and of her son, Theobald, count of -Champagne, against every creature, living or dead, saving my allegiance -to lord Enjorand of Coucy, lord John of Arcis, and the count of -Grandpré. If it should happen that the count of Grandpré should be at -war with the countess and count of Champagne on his own quarrel, I will -aid the count of Grandpré in my own person, and will send to the count -and the countess of Champagne the knights whose service I owe to them -for the fief which I hold of them. But if the count of Grandpré shall -make war on the countess and the count of Champagne on behalf of his -friends and not in his own quarrel, I will aid in my own person the -countess and count of Champagne, and will send one knight to the count -of Grandpré for the service which I owe him for the fief which I hold of -him, but I will not go myself into the territory of the count of -Grandpré to make war on him.{87} - - -{87} This is a good illustration of the confusion of the feudal -relation in practice. The vassal held land in this case from four lords, -to all of whom he did homage and owed allegiance and military service. -It was the usual practice for the vassal to do _liege_ homage to one of -the lords, who was his chief or liege lord, and to whom he owed service -first of all. Notice the compromise arrived at in this case. For -distinction between liege homage and simple homage see also no. 214, and -no. 218, introductory note. - - - -214. Homage of Edward III of England to Philip V of France, 1329. - - -Froissart, Chronicle, I, ch. 24. (Lettenhove's edition, II, pp. 227 -ff.) - -The king of England was received by the king of France with great honor, -and he and his company remained there at Amiens fifteen days, during -which many conferences were held and many ordinances drawn up. It seems -to me that on that occasion king Edward did homage in words, but did not -place his hands in the hands of the king of France, nor did any of his -princes, prelates or representatives do so for him. By the advice of his -council king Edward refused to proceed further until he had returned to -England and had examined the ancient charters in order to determine the -manner in which the kings of England had done homage to the kings of -France.... At last the king of England wrote letters patent, sealed with -his great seal, in which he acknowledged the sort of homage that he -ought to pay to the king of France. This is the form of that letter: - -Edward, by the grace of God king of England, lord of Ireland, and duke -of Aquitaine, etc. Know that when we did homage to our beloved lord and -cousin, Philip, king of France, at Amiens, he insisted that we should -acknowledge that our homage was liege homage, and that in it we should -expressly promise to be faithful and true to him. We would not agree to -this at the time, because we did not know whether we owed him liege -homage or not. Accordingly we did homage in general terms, saying that -we entered into his homage in the same manner as our predecessors, the -dukes of Guienne, had formerly entered into the homage of the kings of -France. But now having found what that manner was, we acknowledge by the -present letter that the homage which we paid to the king of France at -Amiens was, is, and ought to be held to be liege homage; and that we owe -him loyalty and fidelity as duke of Aquitaine, peer of France, count of -Ponthieu, and count of Montreuil; and we hereby promise him such loyalty -and fidelity. In order that similar disputes may not occur in the -future, we promise for ourselves and for future dukes of Aquitaine that -homage shall be performed in the following manner: The king of England -as duke of Aquitaine shall put his hands within the hands of the king of -France, and the person who speaks for the king of France shall say to -the king of England as duke of Aquitaine: "You become the liege man of -my lord the king of France as duke of Aquitaine, and peer of France, and -you promise to keep faith and loyalty to him? Say yea." And the king of -England, or the duke of Guienne, or their successor, shall say "Yea." -Then the king of France shall receive the king of England, as duke of -Guienne, by mouth and hands [see no. 209], saving their other rights. -Moreover, when the said king of England does homage to the king of -France for the counties of Ponthieu and Montreuil, he shall put his -hands in the hands of the king of France for those counties, and the -person who speaks for the king of France shall say, etc.... - - - -215. Feudal Aids. - - -Ancienne coutume de Normandie, I, 3, ch. 25. - -The chief aids of Normandy are so called because they are rendered to -chief lords [_i.e._, to lords who receive liege homage]. It is the -custom in Normandy to pay three aids ... first, for the knighting of the -lord's oldest son; second, for the marriage of the lord's oldest -daughter; third, for the ransom of the lord. - - - -216. Feudal Aids. - - -MS. of the Chamber of Accounts, Paris; cited from Du Cange, Glossarium, -_Hominium_. - -In the chatelainerie [territory dependent on a castle] of Poitou and -that region, according to the custom of the land, those who hold fiefs -pay five aids to the lord: for the knighting of the lord's son, for the -marriage of the lord's oldest daughter, for the rachat{88} of the lord's -fief, for the crusade, and for the ransom of the lord from the hands of -the Saracens. - - -{88} Rachat, see no. 228, Troyes, note 2. - - - -217. Feudal Aids, etc. - - -From Magna Charta, 1215. - -In the first part of Magna Charta, John promises to give up the abuses -of feudal law which he had practiced. Thus he had exacted exorbitant -payments from heirs for inheritance of fiefs (reliefs); he had forced -widows and female heirs under his wardship to marry his favorites and -supporters, or had exacted heavy fines if they refused; he had levied -unjust aids and services, and a heavy scutage, or payment for exemption -from military service. - -2. If one of our knights or barons or other tenants-in-chief [_i.e._, -direct vassals] who hold by military service shall die and shall leave -an heir who is of age, the heir shall receive his father's fiefs by -paying only the ancient relief; namely, the heir or heirs of an earl -shall pay 100 pounds for the whole earldom; the heir or heirs of a -knight shall pay 100 solidi for the whole fief of the knight; and those -who inherit smaller holdings shall pay smaller reliefs according to the -ancient custom. - -3. But if the heir of any of our tenants-in-chief is under age and is -under our ward, he shall have his fiefs when he comes of age without -relief or fine. - -8. No widow shall be forced to marry unless she wishes to; but she must -give security that she will not marry without our consent, if she holds -of us, or without the consent of her lord, if she holds of another. - -12. No scutage or aid shall be exacted in our kingdom, unless by the -common consent of the realm, except for the ransom of our body, the -knighting of our oldest son, and the marriage of our oldest daughter; -and these shall be levied at reasonable rates. - - - -218-228. The Feudal System in Practice, Illustrated by the County of -Champagne. - -Actual conditions under the feudal system will, it is thought, be best -illustrated by showing in some detail the workings of the system in a -single important case. The following documents are taken from the great -French collection of documents called "Documents inédits sur l'histoire -de France"; two volumes are devoted to the county of Champagne and -contain all the important documents relating to the growth and formation -of the feudal territory of Champagne, the relation of the counts to -their overlords on the one hand, and to their vassals on the other, and -the organization of the lands retained by the counts as domain lands, -_i.e._, cultivated by tenants for the count and not let out in fief. The -county of Champagne is chosen because it is one of the best examples of -the formation of a great feudal territory, and because the two volumes -referred to form the most complete as well as most accessible collection -of illustrative material for the feudal _régime_ in its practical -working. - - - -218-225. Homages Paid by the Count of Champagne. - - -218. Homage to the Duke of Burgundy, 1143. - - -Documents inédits. Champagne, I, p. 466. - -The count of Champagne held his lands from several overlords; the ones -mentioned in the following documents are: the king of France, the duke -of Burgundy, the bishops of Langres and Châlons, and the abbot of St. -Denis; he also held parts of his lands from the emperor, the archbishops -of Sens and Rheims, and the bishops of Auxerre and Autun. This plurality -of superiors is characteristic of most of the great domains. The great -fiefs came under the control of one lord by various means, inheritance, -marriage, purchase, subinfeudation, etc. The great lord endeavored to -complete his control of a whole region by becoming the feudal holder of -all the land in the region. Since holding by feudal tenure, including -homage, etc., was the regular method of acquiring land in the feudal -system, it was used as a form of contract, and the personal subjection -and dependence was in many cases a mere form. In cases like that of the -count of Champagne the holder did homage to all the lords from whom he -held lands, but could not of course observe complete allegiance to each -one. So one of the superiors was recognized as his chief and liege lord, -and to him the holder did _liege homage_ (see no. 213, note). Notice -that the count of Champagne pays _liege_ homage to the king of France, -who is his chief lord. - -Be it known to all men, present and future, that count Theobald of -Blois{89} did homage to Odo, duke of Burgundy, at Augustines, and -acknowledged that he held the abbey of St. Germain at Auxerre, Chaourse, -the castle of Maligny with all its dependencies, the castle of Ervy with -all its dependencies, the county of Troyes, the city of Troyes, and -Château-Villain, as fiefs from the duke. - - -{89} The territory of the count of Champagne included the counties of -Blois, Troyes, Champagne, and Brie, and the holder was called by these -different titles at various times. - - - -219. Homage to Philip II of France, 1198. - - -Documents inédits, Champagne, I, pp. 467 f. - -Philip, by the grace of God king of France. Be it known to all men, -present and future, that we have received our beloved nephew, Theobald, -count of Troyes, as our liege man, against every creature, living or -dead, for all the lands which his father, count Henry, our uncle, held -from our father, and which count Henry, the brother of Theobald, held -from us. Count Theobald has sworn to us on the most holy body of the -Lord and on the holy gospel that he will aid us in good faith, as his -liege lord, against every creature, living or dead; at his command the -following persons have sworn to us that they approve of this and will -support and aid him in keeping this oath: Guy of Dampierre, Gualcher of -Châtillon, Geoffroy, marshal of Champagne, etc. [vassals of the count of -Champagne]. If count Theobald fails in his duty to us and does not make -amends within a month from the time when they learn of it, they will -surrender themselves to us at Paris, to be held as prisoners until he -makes amends; and this shall be done every time that he fails in his -duty to us. We have sworn with our own hand that we will aid count -Theobald against every creature, living or dead; at our command the -following men have sworn that they approve of this and will support and -aid us in keeping this oath: Pierre, count of Nevers, Drogo of Mello, -William of Galande, etc. [vassals of the king]. If we fail in our duty -to count Theobald, and do not make amends within a month from the time -when they learn of it, they will surrender themselves to him at Troyes -to be held as prisoners there until we make amends; and they shall do -this every time that we fail in our duty to him.... We have also agreed -that our beloved uncle, William, archbishop of Rheims, and the bishops -of Châlons and Meaux, may place those of our lands that are in their -dioceses under interdict, as often as we fail in our duty to count -Theobald, unless we make amends within a month from the time when they -learn of it; and count Theobald has agreed that the same archbishop and -bishops may place his lands under an interdict as often as he fails in -his duty to us, unless he makes amends within a month from the time when -they learn of it.{90} - - -{90} Notice the securities given by each party; a suggestion that the -oath alone was not always sufficiently binding. - - - -220. Homage to the Duke of Burgundy, 1200. - - -Documents inédits, Champagne, I, p. 468. - -We, Odo, duke of Burgundy, make known to all men, present and future, -that we have received our relative and faithful subject, Theobald, count -of Troyes, as our man for the land which his father, count Henry, held -of our father, Hugo, duke of Burgundy, just as his father, count Henry, -was the man of our father. We have promised count Theobald that we and -our heirs will guarantee that land to him and his heirs against every -creature, living or dead, and will aid him and them in good faith with -all our power to hold that land in peace and quiet. - -221, 222. Agreement between Blanche of Champagne and Philip II, 1201. - - - -221. Letter of Blanche. - - -Documents inédits, Champagne, I, p. 469. - -Notice the rights of wardship and marriage exercised by the lord in this -case. The counts of Champagne claimed to be hereditary counts palatine -of France (see nos. 223 and 225); notice, however, that the king of -France does not use the title in speaking of the countess. - -I, Blanche, countess palatine of Troyes. Be it known to all, present and -future, that I have voluntarily sworn to my lord, Philip, king of -France, to keep the agreements contained in this charter.... - -I have voluntarily sworn that I will never take a husband without the -advice, consent, and wish of my lord, Philip, king of France, and that I -will place under his guardianship my daughter and any child of whom I -may be pregnant from my late husband, count Theobald. In addition, I -will turn over to him the fortresses of Bray and Montereau, and give him -control of all the men who dwell there and all the knights who hold -fiefs of the castles, so that if I break my promise to keep these -agreements, all the aforesaid men shall hold directly of my lord, -Philip, king of France; and they shall all swear to aid him even against -men and against every other man or woman. The lord of Marolles shall put -himself and his castle also under the control of the king, and similarly -all the knights who hold fiefs of Provins, and all the men of Provins, -and all the men of Lagny and Meaux, and all the knights who hold fiefs -of these places.... I will do liege homage to my lord, Philip, king of -France, and I will keep faith with him against all creatures, living or -dead. - - - -222. Letter of the King. - - -Documents inédits. Champagne, I, p. 470. - -In the name of the holy and undivided Trinity, amen. Philip, by the -grace of God king of France. Be it known to all, present and future, -that we have received Blanche, countess of Troyes, as our liege woman, -for the fief which our beloved nephew and faithful subject, Theobald, -former count of Troyes, held from us.... We have sworn to her that we -will keep the agreements written in this charter in good faith, as to -our liege woman; namely, that we will protect and nourish her daughter -whom she has placed in our ward, in good faith and without deceit, and -that we will not give her in marriage until she reaches the age of -twelve years. After she has reached that age, we will provide her with a -husband in accordance with the desires and advice of ourself, our -mother, the lady Blanche, and the barons whose names are written here, -or of the persons who hold their fiefs, if they have died. These are the -barons: William, archbishop of Rheims; Odo, duke of Burgundy; Guy of -Dampierre; Gualcher of Châtillon, etc. - - - -223. Homage to the Bishop of Langres, 1214. - - -Documents inédits. Champagne, I, p. 472. - -I, Blanche, countess palatine of Troyes, make known to all who see these -presents that while my beloved lord, William, bishop of Langres, was at -Troyes on certain business, I besought him, if he was willing, to -receive there the homage of my beloved son, count Theobald. He replied -that the homage ought to be made only at Langres, but that, as a favor -to me and out of love to my son, he would receive it at Troyes, in order -that I might be spared the journey, saving his rights and the rights of -the church of Langres, and the rights of my son. Accordingly he received -the homage of my son at Troyes, and I conceded and concede that this -shall work no prejudice to the rights of the church of Langres, or the -bishop, but that the rights of the bishop and of my son shall remain -unimpaired. - - - -224. Homage to the Bishop of Châlons, 1214. - - -Documents inédits, Champagne, I, p. 474. - -Gerard, by the grace of God bishop of Châlons, to all who see these -presents, greeting and sincere love in the Lord. Know that when our -beloved son and faithful subject, Theobald, count of Champagne, came to -us at Cherville, we were ill, and so he did homage at St. Memmie. Now in -order that this may not work prejudice to future counts of Champagne, we -acknowledge and bear witness that homage ought to be done at Cherville -or elsewhere in the march [_i.e._, frontier], where the bishops of -Châlons and the counts of Champagne are wont to come together for -conference and the transaction of business. - - - -225. Homage to the Abbot of St. Denis, 1226. - - -Documents inédits, Champagne, I, p. 476. - -Peter, by the grace of God abbot of St. Denis, to all who see these -presents, greeting in the Lord. Know that the noble man, Theobald, count -palatine of Champagne and Blois, did homage to us for the castle of -Nogent-sur-Seine and its dependencies, in the same manner as Milo of -Châlons, former lord of that castle, who held it as a fief from the -church of St. Denis. With the advice and consent of our chapter we have -granted that the said count shall be bound to appear only in our court -in matters pertaining to that fief. - - - -226. List of the Fiefs of Champagne, about 1172. - - -Documents inédits. Champagne, I, pp. 22 ff. - -These documents illustrate the relation of his vassals to the count of -Champagne. They are taken from a register of the fiefs and vassals of -the count of Champagne, drawn up about 1172. There are many instances of -such registers or inventories in the feudal age; the relations of lord -and vassals were apt to become confused and subject to dispute. The -particular purpose of the register in this case was to determine the -number of knights owing military service to the count of Champagne, and -the amount of service owed by each one. - -OF CHÂTILLON AND FISMES. - - Count of Rethel, liege homage. - Count of Grandpré, liege homage. - Count of Roucy, liege homage. - Count of Chiny. - Roger of Rozoy, for the fief of Chaourse. Roger of Rozoy, his son - [did homage].{91} - Lord of Montmort, liege homage. Guy of Montmort [did homage]. He - holds in fief the rights of the forest of Vassy and many other - fiefs. - Hugo of Oisy, a year's guard. - Gaulcher of Châtillon, guard and liege homage. - The sons of Guy of Châtillon, a year's guard and liege homage, - etc., etc. - -OF CHÂTEAU-THIERRY. - - Count of Soisson. His fief is thirty pounds of the tolls and taxes - of Château-Thierry.{92} - Lord of Pierrefonds. - Lord of Nesles, Fresnes, and Roiglise. - Lord of Braisne. - Lord of Bazoches is liege man of the count after the bishop of - Soissons,{93} and owes three months' guard. For Coulonges and the - forest as far as Ste. Gemme [his fief]. - André de Ferté, liege homage and a year's guard. - Bartholomé de Thury, liege homage and a year's guard. His fief is at - Thury, Coulombs, and Chacrise, etc., etc. - -OF MEAUX. - - Count of Vermandois. - Count of Beaumont. - Bishop of Beauvais, for the fief of Savignies. - Bochard of Montmorency. His fief is at Marly and Ferrières. - Lord of Crécy-en-Brie. For Crécy and many other fiefs. - Lord of Montjay. - Viscount of La Ferté, liege homage and guard. For his holdings at - Gandelus, Fresnes, La Ferté-Gaucher, La Ferté-sous-Jouarre, and - Lizy, and their dependencies, except the fief which he holds of the - bishop of Meaux and the abbot of St. Faron. - Theobald of Crespy. For Bouillancy, etc., etc. - - -{91} This expression means apparently that the person named did the -homage and performed the services for the holder of the fief, as his -representative. - -{92} Here is a case where the fief of a vassal is a portion of the -revenues of the lord. As already noted, holding by feudal tenure was the -regular form of contract in the feudal age; it was used not only in -regard to the holding of land, but also for the acquisition of other -possessions, as a sum of money, etc. - -{93} The bishop of Soissons is the liege lord of the lord of Bazoches. - - - -227. Sum of the Knights [who owe Service to the Count of Champagne]. - - -Documents inédits, Champagne, I, pp. 73 f. - -This table occurs at the end of the register of the fiefs of the count -of Champagne of which the preceding number is a part. It is the sum of -the knights who owe regular military service to the count, and is also -therefore the number of knights whom the count should bring in answer to -royal summons to war. - - From La Ferté 58 - Bar-sur-Aube 117 - Rosnay 79 - Saint-Florentin 42 - Ervy 39 - Villemaur 27 - Vitry and dependencies 159 - Bussy-le-Château 25 - Mareuil-en-Brie 84 - Montfélix 24 - Épernay 40 - Châtillon and Fismes 160 - Oulchy 62 - Château-Thierry 86 - Meaux 149 - Coulommiers 68 - Montereau 29 - Chantemerle 34 - Bray-sur-Seine 83 - Provins 265 - Payns 42 - Pont-sur-Seine 42 - Sézanne and Lachy 85 - Vertus 61 - Troyes and Isle-Aumont 135 - Méry-sur-Seine 21 - The great fiefs 20 - ------ - Whole sum of the knights 2,030 - ------ - [Correct total 2,036] - - - -228. Extent of the Lands of the County of Champagne and Brie, about -1215. - - -Documents inédits, Champagne, II, pp. 9 ff. - -This is an inventory of the domain lands of the count of Champagne, made -to determine the revenues, possessions, and rights of the count, and the -obligations and dues of the tenants and serfs. They were determined by -the examination of certain trustworthy inhabitants of each domain or -village. The result was arranged according to bailiwicks (large -administrative districts), and domains or villages. Thus the cases given -here are taken from the four villages of Troyes, Nogent, Pont, and -Séant, in the bailiwick of Troyes. The student should notice the rights -of the lord (justice, banvin, rachat, mainmort, markets, tolls, etc.); -the revenues from the lands; the position of the prévôt (the lord's -agent in the village), whose services are paid by allowing him to -collect and keep part of the revenues. Note also that in this age many -of the rights of the lord are commuted for money or let out to others -for an annual rent; this was a common tendency of the later feudal age, -when the lord came more and more to appreciate the advantages of ready -money over services and rents in produce. - -BAILIWICK OF TROYES. - -1. Troyes. - -The count has at Troyes pure and mixed justice in Troyes and all -jurisdiction over all persons,{94} except the men who have charters of -privilege and the men who live on the lands of churches which have -jurisdiction over their men by charter or long usage. - -Fines in cases coming under the high justice are levied at the will of -the count according to the character of the crimes and the custom of the -city. They are not estimated here. Escheat and confiscation of goods for -the great crimes, such as killing, theft, rapine, heresy, etc., belong -to the high justice. The prévôt has 20 solidi of the fines which are -levied, and 60 solidi of the escheats. Besides these the prévôt has no -share in these fines, but they go to the count. - -Fines for cases coming under the low justice are levied according to the -custom of Troyes.... - -The count also has the right of mainmort by which he takes all the goods -of men who die without children or heirs who should succeed, and all the -goods of low-born men who die without children.... - -The count also has within the district of Troyes the right of -rachat,{95} which the widows of noble holders of fiefs must pay if they -wish to marry again. The rate of the rachat has been decided to be equal -to the income of the fief for a year. The prévôt has no share in the -rachat. - -The count also has the markets of St. John, which begin on the first -Tuesday two weeks after the day of St. John the Baptist and end about -the day of the Nativity of the Blessed Virgin. They are now estimated to -be worth 1,000 pounds,{96} besides the fiefs of the holders of the -markets which are worth 13 pounds. This market is called the -"hot-weather fair" (_la foire chaude_). - -He also has the markets of St. Rémy, called the "cold-weather fair" (_la -foire froide_). They begin on the day after All Saints' day and last -until a week before Christmas. They are estimated to be worth now about -700 pounds.... - -The count also has the house of the German merchants where cloth is -sold.... It is sold or rented out at the fairs of St. John and St. Rémy, -and is estimated to be worth 400 pounds a year, deducting the expenses. - -The count also has the stalls of the butchers ... which are held from -the count for an annual rental, paid half on the day of St. Rémy, and -half on the day of the Purification of the Blessed Virgin. The count -also has jurisdiction in cases arising in regard to the stalls of the -butchers. - -He also has the hall of the cordwainers [shoemakers], where shoes are -sold on Saturday; it is situated next to the stalls of the butchers. It -is held from the count for an annual rental, paid at the above-mentioned -times. - -The count and Nicholas of Bar-le-Duc have undivided shares in a house -back of the dwelling of the prévôt, which contains 18 rooms, large and -small. The rooms are rented for an undivided rent of 125 solidi, of -which half goes to the said Nicholas.... - -The count and the said Nicholas have undivided shares in seventeen -stalls for the sale of bread and fishes. They are now rented for 18 -pounds and 18 solidi.... - - -{94} Justice was divided into high and low, or into high, middle, and -low justice. These distinctions were not everywhere the same, but in -general high justice meant jurisdiction over cases the penalty for which -was death or mutilation, and low justice, or middle and low justice, the -jurisdiction over less serious crimes. The same general difference was -understood by pure and mixed justice. When the lord is said to have "all -the justice, high and low," or "pure and mixed justice," it is meant -that he has complete jurisdiction over his subjects in all cases. - -{95} Rachat is the sum paid by the new holder of a fief at the time of -his entrance into the fief; it is about the same as the relief (see no. -217, § 2, and introductory note to nos. 209-228). Here it refers to the -sum which the widow of a vassal of the count must pay when she -remarries, not for the privilege of remarrying, but for the right to -take the fief with her to her new husband. - -{96} Note the great value of the markets to the count. Troyes was not a -small village, but a city of some importance, and the market rights were -worth a good deal. This is a good illustration of the seignorial or -feudal control of cities, against which the citizens continually -struggled. (See nos. 308, 309.) - -4. Nogent-sur-Seine. - -The count has a house there and the orchard that goes with it, which the -count retains for himself [_i.e._, has not let out in fief]. - -According to the statement under oath of Pierre of Pampeluna [etc.], the -count has also all the justice, except that which is held by others by -charter or long usage.... - -Escheat and confiscation of goods come under the high justice, and the -prévôt has the same rights in fines and escheats as in the case of -Troyes [see above]. The smaller fines from cases belonging to the high -justice are estimated as belonging to the office of the prévôt. - -The count also has the market hall and the toll from the markets and the -village, every day in the week. They are estimated at 80 pounds. - -He also has the banvin, which lasts a whole month, beginning on the day -after Easter. It is valued at 30 pounds. - -The count also has the right over the streams of Noe and Vileure.... - -5. Extent of the domain of Pont-sur-Seine, determined by the statements -of Pierre Molventre, Th. Coichard, and Robert of Besançon, who were -sworn to speak the truth. - -The count has a house there, and has all the justice in the village and -the chatelainerie, except that which is held by others by charter or -long usage. The high and low justice is exercised as described in the -chapter on Troyes. The jurisdiction exercised by the prévôt is estimated -to be worth 100 pounds a year, the jurisdiction over the fiefs at 14 -pounds, 10 solidi, and the jurisdiction over the clergy at 26 solidi, 8 -denarii. - -These are the dues collected by the prévôt: - -Taxes and toll from the market, and 18 solidi of the ancient small tax. -Also the _lods et ventes_,{97} which are now estimated at 42 pounds. - -The banvin, which lasts for 15 days, beginning about the day of St. Mary -of Magdala, when the count wishes to exercise it; it is worth about 60 -solidi when the count wishes to sell it. The monks of St. Étienne have -the same banvin, but they are not allowed to sell it unless the count -sells his. - -The rents from the inhabitants of Villeneuve, now worth 60 solidi. The -prévôt takes half, and the other half goes to the canons of the church -of Provins. Each farm also pays 12 denarii and a measure of oats, half -to the count (the prévôt does not take this) and half to the said -canons.... - -The count also has the following rents and _lods et ventes_: - -_Lods et ventes_ from the house of Robert of Besançon, and 12 solidi -rent; the same from the house of Claude and 10 solidi rent; the same -from the house of Ordinetus the serf, and 25 solidi rent.... - -He also has from Saint-Martin-de-Bossenay 5 solidi of the small tax, -_lods et ventes_, three hens a year, and 15 measures of oats.... - -The count also has from Le Châtelot, near Villeneuve, seven hens a year, -and five measures of oats to be paid on Christmas, and they belong to -the office of the prévôt.... - -Hugo of Villeneuve, clergyman, Renerius, his brother, the prévôt of the -village, Pierre Florie, Pierre Fromerit, former prévôt, and Hugo -Florion, say on their oath that the count has the right of escheat from -all who die in the village without heirs.... - - -{97} _Lods et ventes_ were payments made to the lord when the farm -changed hands. The holder in these cases had the right to sell or rent -his holding subject to the payment of _lods et ventes_. It may be -compared to rachat or relief in the case of fiefs. - -6. Extent of Séant, determined by the statements of Theobald the bailly, -Ithari le Paalier, Felicité Huilliet, Guillot le Convert, and Milauti -Veitu, sworn to speak the truth. - -They said on their oaths that Henry, king of Navarre of blessed memory, -bought the village of Séant, with its men, lands, woods, domains, and -appurtenances, from the lord of Montmorency, with the dowry of lady -Blanche his wife, now the wife of lord Edmund, son of the king of -England, paying for it 6,500 pounds Tours.{98} The said lady Blanche has -a house there and all the justice, high and low, within the boundaries -of Séant.... - -The lord of Montmorency had and the lady Blanche has 20 _journata_{99} -of land in the place known as the clearing of Forni, 10 _journata_ in -the clearing of John of Pont, 10 _journata_ in the clearing of Pierre -Courbe, and 5 _journata_ in the clearing of Val de Laroi. In all, 45 -journata, which are equal to about 42 arpents. - -The lady also has the land tax from all the clearings; these are in -meadows and contain about 250 arpents. - -The lady also has the land taxes from the great field of Séant; this tax -is divided into twelve parts, of which the abbeys of Valle Lucenti, -Pontigny, and Dillo have five parts, and the lady the other seven.... - -The lady also has rents, customs, and taxes from the following men: - -Theobald the bailly is the man of the lady Blanche and holds of her in -fief five of the eight parts of the bake-oven of Séant;{100} the other -three parts are held by Adelicia and her children. The said Theobald -also has a farm from the countess, for which he pays 5 solidi, 1 -denarius rent, and a measure of wine, a hen, a loaf of bread, and three -measures of oats. - -The children of Bertelon are men of the countess and hold land of her at -a rent of 11 measures of oats and the taille.{101} - -The children of Baudonnet are men of the countess and hold land of her -at a rent of 12 denarii and a measure of oats, and the taille.... - - -{98} An illustration of the acquisition of a fief by purchase. All the -rights of the former holder went with the land to the new holder. - -{99} _Journatum_ is a measure of land, literally the amount which could -be cultivated in a day. Probably in this case the lord had allowed some -of his tenants to clear and reduce to cultivation part of his waste -lands, on condition that he be given a portion of the cleared land from -each tenant as payment for the permission. - -{100} Note that the village bake-oven, which the lord originally erected -and from which he collected tolls, has been let out as a fief and is now -in the possession of two families of tenants. - -{101} The _taille_, poll tax. - -229, 230. The Attempt of the King to Control the Feudal Nobles. - - - -229. The Feudal Law of Conrad II, 1037. - - -M. G. LL. 4to, IV, 1, no. 45; Doeberl, III, no. 1. - -The feudal king naturally was not content with his restricted authority -under the feudal régime and attempted to assert his right as head of the -state to enforce general laws for the whole realm. When the king was -strong and able, he could do this to some extent, but when he was weak, -his commands received little attention. In the reigns of Conrad II and -Frederick I, in Germany, the monarch was able to control his great -vassals and enforce obedience to his laws. But the triumph of the -papacy, allied with the great nobles of Germany, over the emperor was -fatal to the development of a strong monarchy, and after the death of -Frederick II the feudal lords became independent princes. See the -progressive concessions to princes, nos. 136, 139, 153, 160. In France -the monarchy became absolute by acquiring, in accordance with feudal -law, actual possession of all the great fiefs. In England, the conflict -between the king and the feudal lords gave opportunity for the rise of a -representative system of government, which was used sometimes by the -king to control the lords (as in the cases of Henry I and Henry II), -sometimes by the great lords to control the king (John and Henry III). -Thus the feudal system, under different conditions, resulted in France -in an absolute monarchy, in England in a constitutional monarchy, and in -Germany in a weak central government and a kingdom composed of many -practically independent principalities. - -In the name of the holy and undivided Trinity. Conrad, by the grace of -God emperor of the Romans, Augustus. - -(1) Know ... that we have ordained and established that no knight of a -bishop, abbot, margrave, count, or of anyone else, who holds a benefice -from the royal or from church lands, shall be deprived of his benefice -unless he has been convicted of a crime by his peers, according to the -laws of our ancestors. This applies to both our great vassals and their -knights. - -(2) If a conflict shall have arisen between a great vassal and his -knight, and the peers shall have judged that the knight should lose his -benefice, and if the knight alleges that he was condemned unjustly, he -shall keep his benefice until both parties have come into our presence, -where the case shall be settled justly. But if the great vassal is not -able to get the peers of the accused to give judgment, the accused shall -hold his benefice until he and his overlord and the peers shall have -come before us. In such cases, the party who appeals shall notify the -other party to the suit, six weeks before he sets out to the royal -court. This applies to our great vassals as well.{102} - -(3) But cases between lower vassals shall be tried before their lords or -before our missi. - -(4) We ordain also that when any knight, either of a great vassal or of -a rear-vassal, dies, his son shall have his benefice. If he does not -leave a son, but a son of his son survives, this grandson shall receive -his benefice, observing the custom of great vassals by giving horses and -arms to his lord.{103} But if the knight leaves neither son nor -grandson, but a brother or a half-brother on the father's side, that one -shall have the benefice, if he is willing to become the knight of the -lord of that benefice. - -(5) Moreover, we forbid that any lord should trade the benefice which -his knight holds, or dispose of it in any way without the knight's -consent. And no one shall dare to take from his knight the lands which -he holds by proprietary right or as a libellum or precarium.{104} - -(6) The _fodrum_ from the castles which was paid to our ancestors shall -be paid to us, but we will not require any which was not paid to them. - - -{102} Note the right of the vassal to be tried by a court of his peers, -_i.e._, a court composed of the other vassals of the same lord; and also -the right of appeal claimed for the court of the king. - -{103} This is an old form of relief. - -{104} Feudal tenure of land was not the only form known in the Middle -Age. Other more ancient forms still existed in exceptional cases; as -here: land held by proprietary right, that is, allodial possessions that -had never been feudalized; land held as libellum or precarium, which are -about the same. A libellum was a piece of land held by one person from -another for a term of years, for life, or with the right of inheritance, -for a fixed rent, the _libellus_ being the charter or grant. _Libellum_, -_precarium_, usufruct, and _emphyteusis_, are forms of land-holding -known to the later Roman law, and differing one from the other only very -slightly. - - - -230. The Feudal Law of Frederick I for Italy, 1158. - - -Ragewin, Gesta, IV, ch. 10; M. G. LL. folio, II, pp. 113 f; Doeberl, IV, -no. 37 c. - -Frederick, by the grace of God emperor of the Romans, Augustus, to all -the faithful subjects of our empire.... - -At the diet of Roncaglia, where we held a court of justice, as was the -custom of our ancestors, the princes of Italy, the rulers of the church, -and other faithful subjects made complaint that their vassals were in -the habit of pawning or selling the fiefs and benefices which they held -of them without their consent. Thereby the princes were deprived of the -services due them from these fiefs and the dignity and the revenues of -the empire were diminished. Having taken counsel with the bishops, -dukes, margraves, counts, palatines, and other nobles, we therefore -decree by this edict that no one henceforth shall sell or pawn or devise -by will or in any way dispose of his fief or any part of it without the -consent of the lord from whom he holds it. The emperor Lothar commanded -under similar circumstances that such things should not be done in the -future; we, however, hereby declare void not only future alienations of -this sort, but also all illegal alienations that have already been made; -the purchaser of the fief in such cases shall have an action at law -against the seller for the recovery of the price, without regard to the -length of time that has elapsed since the transaction. And as some -resort to fraudulent sales and transfers under the form of free -investiture after receiving the purchase price, we declare that such -fictitious sales are void and condemn both seller and purchaser to the -loss of the fief, which shall revert to the lord. Any lawyer who draws -up such a contract knowingly shall be deprived of his office and lose -his hand and be stigmatized with infamy. If any person over fourteen -years of age, who has inherited a fief, fails through his own negligence -to seek investiture for it from his lord within a year and a day, he -shall lose the fief and it shall revert to the lord. If any vassal -refuses to obey the summons of his lord to accompany him on an imperial -expedition, or fails to come at the time set, or to send a suitable -person in his place or to give half the revenue of the fief [as -compensation for his service], he shall lose the fief and it shall -revert to the lord.{105} - -Duchies, marks, and counties may not be divided.{106} Any other fief may -be divided if the co-heirs desire, but on the following conditions: -Everyone who holds a part of the fief shall swear fidelity to the -overlord; no vassal shall have more than one lord for one fief; and the -lord shall not transfer the fief to another lord without the consent of -the vassal. Vassals shall be responsible to the lord for the conduct of -their sons; if the son of a vassal offends the lord, the father, on pain -of losing his fief, shall compel him either to make satisfaction to the -lord for his fault or to leave his household. If the son refuses to -obey, he shall not be allowed to inherit the fief on his father's death -unless he has made satisfaction. Vassals shall in a similar manner be -responsible to their lord for the conduct of their vassals, and all -their dependents. - -In case of a controversy between two vassals of the same lord in regard -to a fief, the matter shall be tried and decided by the lord. In case of -a controversy between a vassal and his lord, it shall be decided by a -court of peers of the vassal, sworn on their oath of fidelity to do -justice in the case. - -We also decree that in every oath of fidelity the fidelity to the -emperor shall be excepted by name. - - -{105} Notice the attempt of the king to enforce his authority in -military matters over the vassals of his vassals. In strict feudal law -the rear-vassal was responsible only to his immediate lord for the -fulfillment of his duties, but the king generally claimed authority over -them in matters in which the welfare of the state was concerned, as in -the matter of military service in public wars. - -{106} In Germany the great lords retained for a long time in theory -their character of public officials and their fiefs were regarded as -administrative districts of the state. Hence the idea that they were -indivisible, a character which still adhered to the lands of the -electoral princes in later times (see no. 160, Golden Bull, ch. XX). - - - - -VII. COURTS, JUDICIAL PROCESSES, AND THE PEACE - - -It is not our purpose to give a complete account of all the mediæval -courts, nor to show fully their mutual connection. Because of the great -difficulties of the subject and the lack of suitable documents we name -only the most important courts and offer a few passages to illustrate -them. It is not that such documents are scarce that we have presented so -few of them; but they contain so much that would require long -explanations that they would demand far more space than we felt could -properly be given to this subject. The materials which we offer -illustrate the courts for the most part after 1100, but they throw light -on those of the earlier period. In many other documents contained in -this book there are references to courts and judicial processes which -the student should carefully observe. - -I. The royal court. According to mediæval theory the king was the judge -in the whole realm. He had jurisdiction over all things. But because he -could not be present everywhere and hear all cases, he appointed men -(dukes, counts, etc.) to act as judges in his place. But they merely -represented him. So whenever the king in his travels comes to a place, -he at once replaces the local judge and all the machinery for the -administration of justice. Since he was present in person, he needed no -one to represent him. Eventually the great princes refused to receive -him into their palaces because of the heavy expense in entertaining him -and his numerous retinue, so his journeys as judge into their -territories gradually ceased. In 1220 Frederick II agreed that he would -exercise his rights as judge in the cities of the bishops only during -the diets which he should hold in them and a week before and a week -after. (See no. 136, par. 10.) He soon ceased to travel as judge, and -after 1250 acted as judge only in and during the diets which he held. - -Since in theory all judges and courts merely represented the king, he -had the right to call before himself any case, no matter where it was -pending. This was called the _jus evocandi_, the "right of calling." -Rudolph of Hapsburg and his successors granted both princes and cities -exemption from this. In the Golden Bull (no. 160, chs. VIII and XI) -Charles IV renounced all right to call any of the subjects of the -electoral princes before his court. These exemptions were gradually -extended to all the princes, imperial cities, bishops, and other -territorial lords, until in 1487 the crown completely lost its _jus -evocandi_. - -In the same way everyone had the right to appeal to the king, against -the decision of any court. But in time the king surrendered this also in -the same way to the electoral princes and agreed never to receive -appeals from any of their subjects. See no. 160. - -Frederick II found it impossible to attend to all the business of the -royal court, and so in 1235 appointed a justiciar to represent him in -all minor cases. See no. 232, par. 28. He also made provision for -keeping complete records of the imperial court, and appointed a court -secretary and put him under the control of the justiciar. See no. 232, -par. 29. - -II. The county courts. The county was composed of several districts -called hundreds. Each hundred had its court, which was always held in -the same place. The count received his authority as judge from the king, -and with it the right to inflict the king's ban or fine of sixty -shillings. The count went about from one court place to another, holding -three courts a year in each place. This regular court was in session -three days. If the business of the court could not be attended to in -these three days, the count announced another court to be held a few -weeks later. All the freemen of the hundred in which the court was held -were bound to be present at it. The courts of the count were called the -greater courts (_judicia majora_) and had jurisdiction over property, -criminal actions of a serious character, and suits to recover serfs. The -lower or hundred courts (_judicia minora_, see nos. 139, §7; no. 231, I, -58) had jurisdiction over cases involving debts, chattels, and trespass. -These lower courts were presided over by judges of inferior rank called -_Schultheissen_, _Gografen_, or hundred-counts, who were either -appointed by the count or elected by the people. They merely represented -the count, and could not inflict the king's ban. - -The counts were at first regarded as officials of the king, but under -the influence of feudalism they became vassals and received their -judgeships as fiefs. - -III. Courts on the royal domain. All who lived on the crown lands, or -royal domain, as they were called, were exempt from the county courts. -The king appointed an official to administer justice to them. He was -called an advocate and his office an advocacy. His position was similar -to that of the count in the county courts. He presided over the _judicia -majora_, and appointed _Schultheissen_ to preside over the _judicia -minora_. - -IV. Courts on the lands of bishops and abbots. All those who lived on -the lands of bishops and abbots who held directly from the king, were -also exempt from the county courts. They were under the jurisdiction of -the bishop or abbot, who appointed an advocate to preside over the -higher courts, and _Schultheissen_ to preside over the lower. These -courts were quite like those on the royal domain. - -V. The sovereign courts of the princes. The dukes received their -jurisdiction with their fiefs, and in theory their courts did not differ -from those of the counts. But they had a different development. For the -dukes steadily developed toward sovereignty in their territories, and in -1231 many of them got complete exemption from the royal jurisdiction -(see no. 139). - -The duke of Austria was the first one to secure such complete exemption -(1156); see no. 110. The Golden Bull (chaps. VIII and XI) shows that all -the electors had acquired complete exemption and were sovereigns in -their territories in the administration of justice. - -VI. The courts of great landholders. Every great landholder, having a -large number of vassals, held a court for the trial of all questions -which arose between him and his vassals, or among his vassals. Since he -also had jurisdiction over all the tenants and serfs on his lands, he of -course held courts for them, which were similar to those described in -III and IV. They are very similar also to the manorial courts in -England. - -VII. For the courts of the ministerials see nos. 297, 231, III, 42. - -VIII. Ecclesiastical courts. There were also ecclesiastical courts which -were presided over by clergymen, such as bishops, abbots, cathedral -provosts, archbishops, etc. They tried all cases which involved offenses -against the laws of the church. - -IX. As the cities secured the right to govern themselves, they also in -many cases got jurisdiction over themselves. In the documents in section -X there are many references to courts and judicial processes in the -cities. From the explanations given here the student will be able to -understand at least their chief features. - -X. Arbitration. Since the courts and the machinery for administering -justice proved to be inefficient, it became common, especially among the -cities, to create a commission of arbitration to settle all quarrels in -a peaceable manner. See no. 319. - -In German courts the judge was really only the presiding officer. The -decision was rendered by the people who were present or by the -_Schoeffen_. Generally some particular person had the right to propose -the verdict (cf. no. 297, §5). At the proper time the judge asked him -what decision he wished to propose. Then the others present might agree -with the proposed verdict or offer another in its stead. - -In cases where there were no witnesses the accused was compelled to -bring one or more of his relatives, friends, or neighbors, who swore -that they believed that he was telling the truth. They were called his -compurgators. - -_Schoeffe_, pl. _Schoeffen_, were the permanent judges of the hundred -court. They were instituted by Karl the Great to take the place of the -temporary _rachinburgii_ of the Salic law (see note 22). There were -generally twelve of them in each county, and seven must be present -before a court could be legally opened. They gave the decision in -certain courts, and in so far they may be compared to our modern jury. -They held their office for life. In the German cities the board of -_Schoeffen_ played a very important part in the administration of -justice. - -_Schoeffen_ free, or _Schoeffenbar_ free, were all the free-born. They -were eligible for the office of _Schoeffe_. - -The _Pfleghaften_ were the free peasants who owned lands but because -they did not render military service were compelled to pay an army tax. -The payment of this tax was regarded as an evidence that they were not -completely free, and hence their position was lower than that of the -freemen who rendered military service for their lands. - -The _Landsassen_ were, like the _leti_ (see note 18), essentially serfs, -attached to the soil, and paying fixed rent and services. - -The _Bauermeister_ was at the head of the peasants of a village or -district and acted as judge in certain cases when no other judge was at -hand. - - - -231. Sachsenspiegel. - - -Following the revival in the study of the Roman law and the connection -of Germany with Italy under the Staufer, Roman law was being introduced -into Germany, where it naturally tended to replace the customary law, -which was for the most part unwritten. The desire of the Saxons to -preserve their own law and to prevent the uncertainty that would -necessarily soon arise in it led them to attempt to codify it. Eike von -Repkau, a nobleman, undertook the task of reducing their customs to -writing. He called his book or code, which was written between 1215 and -1276, the _Sachsenspiegel_, that is, the mirror in which the Saxon law -is seen. - -I, 2. Every Christian man who has attained his majority is bound to -attend the ecclesiastical court in the bishopric in which he lives three -times a year. Three classes of people are exempt from this: The -_Schoeffenbar_ free shall attend the court of the bishop; the -_Pfleghaften_ shall attend the court of the _præpositus_ of the -cathedral, and the _Landsassen_ shall attend the court of the -archpriests. - -They shall also all attend the civil courts. The _Schoeffenbar_ free -shall attend the burggrave's court [also called the advocate's court] -every eighteen weeks. In it judgment is given under the king's ban. If a -court is called to meet after the close of the regular court, all the -_Pfleghaften_ shall attend it to try all cases involving misdeeds. This -attendance is all that the judge may require from them. - -The _Pfleghaften_ shall attend the court of the _Schultheiss_ which is -held every six weeks, to try cases concerning their possessions. - -The _Landsassen_ who have no property shall attend the court of the -_Gograf_ which is held every six weeks. In the courts of the _Gograf_ -and of the burggrave the _Bauermeister_ shall make complaint of all -whose duty it is to attend the court but do not do so. And he shall ask -an investigation about all cases which involve bloody wounds, abusive -speech, the drawing of swords in a threatening manner, and all kinds of -misdeeds, provided no suit has been entered about them. - -I, 53. If anyone does not attend court when it is called, or fails to -prove his case when he has brought suit, or challenges a man and is -defeated, or does not come promptly to court, or disturbs the court by -word or deed, or fails to pay a debt when the court has given judgment -against him, he shall pay the judge his fine. In every case in which one -party secures "damages" from another, the convicted party must also pay -the judge his fine. And even in many cases in which no damage is -involved, the judge may assess his fine.... - -No one is fined twice for the same offence, unless he breaks the peace -on a holy day. In that case he pays two fines, one to the ecclesiastical -court and one to the civil court, and he pays damages besides to him -whom he has injured. - -I, 58. If the people choose a _Gograf_ for a long period, the count or -the margrave shall invest him with his office.... When the count comes -into the district of the _Gograf_, the latter loses all his authority -and cannot hold court [because his superior, whom he merely represents, -is present]. In the same way when the king comes into the territory -which is under the jurisdiction of the count, the count loses all his -authority and cannot hold court. And this is true of all courts. In the -presence of the king all other judges lose their authority and the king -must try all cases. A count is the same as a judge, according to old -German ideas. - -II, 3. If a man is challenged to a duel who was not warned of it before -he came to court, he shall have time, according to his rank, to prepare -himself for it. The _Schoeffenbar_ free shall have six weeks, other -freemen and ministerials fifteen days. But for all other things that are -laid to a man's charge he shall answer at once, and either admit or deny -his guilt. - -II, 12. No man may render a decision in a case to which his lord, his -vassal, or his friend is a party, if it involves their life or honor. -_Schoeffenbar_ free men may render decisions in all cases, but no one -may render decisions in their cases unless he is of the same rank as -they.... If a man objects to a decision after it is rendered, he may -appeal to the higher judge and then to the king. In case an appeal is -made, the judge shall send his messengers who understand the case to the -king. The messengers shall be freemen, and the judge shall pay all their -expenses while on the journey. They shall have enough bread and beer, -and three dishes for dinner and a cup of wine. Their servants shall have -two dishes. He shall give five sheaves for each horse every day, and -shoes for their forefeet. As soon as they learn that the king is in -Saxony they shall go to him and bring back his decision within six -weeks. - -If the man who made the appeal loses it, he shall pay the judge his -fine, and all the expenses of his messengers to the king, and damages to -the man against whose decision he appealed.... - -If a judge asks a man to render a decision, and the man is in doubt and -cannot make up his mind about it, he may refuse to give a decision, and -the judge shall ask someone else for a decision.... If a man proposes a -decision and someone who is present objects to it and proposes another, -the judge shall accept that decision which receives a majority of the -votes of those present. - -II, 13. A thief shall be hung. If a theft takes place by day in a villa -[village] and the object stolen is worth less than three shillings, the -_Bauermeister_ may pass judgment on the thief the same day. He may -punish him in his hair and skin,{107} or fine him three shillings. This -is the highest sum for which the _Bauermeister_ may try [_i.e._, not -more than three shillings]. But he cannot try the case the next day. But -in cases involving money, or movable goods, or false weights and -measures, and cheating in the sale of victuals, he may assess higher -fines. Murderers, and all who steal horses from the plow, or grain from -the mill, or rob churches or cemeteries, and all who are guilty of -treason, or arson, or who make gain out of information entrusted to them -by their lord, shall be broken on the wheel. - -If anyone beats, seizes, or robs another, or burns his house, or does -violence to a woman, or breaks the peace, or is taken in adultery, he -shall have his head cut off. Whoever conceals a thief or stolen property -or aids a thief in any way, shall be punished as a thief. Heretics, -witches, and poisoners shall be burnt. - -If a judge refuses to punish a crime, he shall be punished as if guilty -of it himself. No one is bound to attend his court or submit to his -judgment if he has refused to grant him justice. - -II, 27. If a man refuses to pay bridge or ferry toll, he shall be made -to pay it fourfold. If he refuses to pay toll on the frontier, he shall -be fined thirty shillings. This is the toll for ferries: For coming and -going, four foot-passengers shall pay a penny; a man on horseback, a -half-penny; a loaded wagon, four pence. The toll for bridges is half -this. No toll shall be collected from anyone except at bridges and -ferries.... An empty wagon pays half as much as a loaded one.... If -anyone leaves the road and drives over cultivated land he shall pay a -penny for each one of his wheels and make good the damage he has done. -If on horseback, he shall pay half a penny besides the damage. - -II, 28. If anyone cuts another's wood, or mows his grass, or fishes in -his streams, he shall pay a fine of three shillings and make good the -damage besides. If he fishes in another's fish-pond, or cuts down trees -which have been planted, or fruit-trees, or if he takes the fruit from a -tree, or cuts down trees which mark boundaries, or removes stones which -have been set up to mark boundaries, he shall pay a fine of thirty -shillings.... Whoever by night steals wood that has been cut, or grass -that has been mown, shall be hung. If he steals them by day, he shall be -punished in his "hair and skin." A fisherman may use the bank as far as -he can step from his boat. - -III, 26. The king is the common judge everywhere. The _Schoeffenbar_ -free man cannot be called before a foreign court to fight a duel. But he -must answer in the court in whose jurisdiction he is. - -III, 33. Every man has the right to be tried before the king. And every -man must respond if suit is brought against him before the king.... - -III, 42. Do not be surprised that I have said nothing about the law of -the ministerials. It is so varied that no one could ever come to the end -of it. For under every bishop, abbot, and abbess, there are ministerials -who have their special code of laws, and so I cannot set them all down -here.... - -III, 52. The king is elected as judge in all cases concerning property, -fiefs, and life. But he cannot be everywhere, nor judge all cases, and -so he gives _Fahnlehen_ [flag-fiefs] to the princes [_i.e._, with -jurisdiction over them], and counties to counts with the power to -appoint _Schultheissen_, so that they can act as judges in the king's -stead. - -III, 53. For every case a judge receives a fine but not damages. For no -one receives damages but the man who brings the suit. And the judge -cannot be both judge and a party to the suit. - -III, 55. No one but the king can act as judge over the princes. - -III, 60. The emperor enfeoffs all ecclesiastical princes with their -fiefs using the sceptre as a symbol, and all secular princes with their -_Fahnlehen_ using a flag as a symbol. A _Fahnlehen_ must not be vacant a -year and a day. Wherever the king is, the mint and tolls of that place -are surrendered to him during his stay there. And the local court is -closed because he is the judge [and the local judge merely represents -him]. While he is present all cases must be tried before him. The first -time the king comes into the land [_i.e._, after his election], all -prisoners must be brought before him, and he shall decide whether they -shall be set free or tried.... - -III, 63. Constantine the Great gave pope Silvester the secular fine of -fifty shillings in addition to his ecclesiastical authority, in order -that he might use both secular and ecclesiastical means to compel people -to obey and do right. So the two courts, the ecclesiastical and the -secular, should aid each other, and each should punish all who resist -the other.... - -III, 64. If the king summons the princes to render military service to -the empire, or to come to a diet, and informs them of it by means of -letters bearing his seal six weeks before the time set, they must obey -and go to the king if he is in Germany. If they do not go, they shall -pay a fine. The princes who have _Fahnlehen_ pay 100 pounds. All others -pay twelve pounds. A nobleman who does not come pays his duke ten -pounds.... Those who are under a count or imperial advocate pay him -sixty shillings, if he has the king's ban. No one but the king can grant -the king's ban. - -III, 69. In courts where the judge may inflict the king's ban, neither -the judge nor the _Schoeffen_ shall wear caps or hats or any covering on -the head, or gloves. But they may wear mantles on their shoulders. They -shall not carry weapons [in court]. They shall fast until they pass -judgment on every man, whether he is a German or Wend. No one except -them shall pass judgment. They shall sit while passing judgment. - -III, 70. In courts where the judge has no authority to inflict the -king's ban, any man may give the decision, or be a witness.... - - -{107} Punishment in the "hair and skin" was especially cruel. The guilty -one was flogged and his hair was wound about a stick which was then -turned around and around until the hair was all pulled out. For some -offences the hair was closely cut instead of being pulled out, which -was, of course, much more humane. Long hair was worn by freemen as a -mark of their rank. - - - -232. Frederic II Appoints a Justiciar and a Court Secretary, 1235. From -the Peace of the Land which was Proclaimed at Mainz, 1235. - - -Altmann und Bernheim, no. 103. - -(28).... We wish that all cases over which we cannot preside in person -shall be tried by a man of approved character and good reputation, who -shall be placed over the courts in our stead. And except in those cases -which we reserve for our decision his judgment shall be final. We decree -therefore that our court shall have as justiciar a free man, and he -shall hold the office at least a year if he judges justly. He shall -preside over the court every day except on Sundays and other holy days, -and he shall administer justice to all litigants except to the princes -and to other high persons in cases which touch their persons, rights, -honor, fiefs, possessions, and inheritances, and the most important -cases. All such cases we reserve for our judgment. This justiciar shall -not fix the time for the more important cases which come before him -without our special command. He shall not proscribe the guilty nor -release from proscription. This we reserve for ourselves. He shall take -oath that he will not receive anything for his decision, and that he -will not be influenced by love, or hatred, or beseechings, or money, or -fear, or favor, but according to his conscience, in good faith, without -fraud or treachery, he will judge according to what he knows or believes -to be right. We grant him all the fees which come from the absolution of -those who have been proscribed, provided their cases were tried before -him. We do this that he may be free to judge as he wishes, and may not -find it necessary to receive gifts from anyone. He shall not remit the -fine of anyone, in order that men may fear proscription. - -(29) He shall have a special notary who shall keep the names of those -who are proscribed, and of those who brought suit against them, an -account of the case itself, and the day on which the proscription took -place; also the names of those who are absolved from proscription, and -of those who brought suit against them, and the day they were freed from -proscription; also the names of those who stand as security for them, -and where they live, and also an account of any other security which the -man to be absolved is required to furnish for the satisfaction of the -one who brought suit against him. All letters and documents concerning -suits shall be sent to him. He shall devote all his time to this, and -shall have no other work to do at the imperial court. He shall keep a -list of those who are denounced as dangerous, and when anyone is freed -from suspicion, he shall take his name from the list.... He shall be a -layman, because a clergyman is not permitted to write judgments which -involve the shedding of blood, and also in order that if he does wrong -in his office he may be punished properly. He shall take an oath to -conduct himself faithfully and legally in his office.... - - - -233. Wenzel Creates a Commission to Arbitrate all Differences, 1389. -From the Peace of Eger, 1389. (German.) - - -Altmann und Bernheim, no. 107. - -(2) We, king Wenzel, have made an agreement with the electors, princes, -counts, lords, and the cities, and all who are parties to this league of -peace, in regard to robbery, murder, arson, illegal seizure of persons, -and quarrels which may arise between those who are party to this peace, -that a commission shall be appointed to judge all cases of infraction of -the peace, and the decision of this commission, or of a majority of it, -shall be binding on all concerned. The electors, princes, counts, and -lords shall name four of these commissioners, and the cities shall name -four. And we will appoint a man to be president of this commission. If -any member of this peace is injured by anyone, the case shall be brought -before the president of the commission. Within fourteen days he shall -call the commission to meet in one of the four cities, Würzburg, -Neustadt, Bamberg, or Nürnberg, as seems best to him. And the decision -of this commission, or a majority of it, shall be binding, and they may -call on the nearest lords, cities, officials, and judges, to aid them -against the one who has broken the peace and inflicted the damage. And -they shall be bound to aid them until the damage has, in the judgment of -the commission, been made good. - -(5) These nine men who form the commission shall swear on the holy -relics that they will faithfully act as judges for rich and poor alike. - -(10) If a war or quarrel arises between the lords and the cities who are -in this peace, it shall be reported to the president and members of the -commission. And both parties shall submit to the decision which the -commission, or a majority of it, shall render in the case. If anyone -refuses to submit to their decision, all the members of this league of -peace shall aid the commission in enforcing it. - - - -234-239. Ordeals or Judgments of God. - -M. G. LL. 4to, V, pp. 599 ff. Ordines judiciorum Dei. - -The appeal to the judgment of God in legal cases was an old Germanic -practice. There is evidence that the settlement of cases by lot, and by -judicial combat or duel, was common in the earliest times. In the Salic -and other laws there are references to the ordeal by hot water, etc. -After the introduction of Christianity and the growth of the influence -of the priest, the various ordeals were conducted by the church. The -casting of lots and the judicial combat were opposed by the church, the -one because it was inseparably connected with heathen rites, and the -other because of its violence. Accordingly the church introduced other -forms, some of which are illustrated here. The ordeal was ordinarily -resorted to when the regular rules of evidence were not satisfied, as -when one party could not furnish the required number of compurgators, or -was accused of perjury, etc. The ordeal might be used either to -determine which of two persons was in the wrong, or to test the guilt or -innocence of a single accused person. The commonest forms were: (1) The -ordeal of the sacrament, in which the accused took the sacrament, the -expectation being that if he were guilty the consequences would be -fatal; (2) the ordeal of the cross, in which the two persons stood with -arms outstretched in the form of a cross, and the one whose arms fell -first was regarded as guilty; (3) the ordeal by hot water; (4) the -ordeal by hot iron, in which the accused either carried a piece of hot -iron in his hand a certain distance or walked barefoot over pieces of -hot iron; (5) the ordeal by cold water; (6) the ordeal by the bread and -cheese; (7) the ordeal by the suspended bread, or psalter, in which the -object suspended was expected to turn around if the accused person was -guilty; (8) the judicial combat, which was not favored by the church, -but which was very commonly used among the noble class. - - - -234. Ordeal by Hot Water. - - -Pp. 612 ff. - -(1) When men are to be tried by the ordeal of hot water, they shall -first be made to come to church in all humility, and prostrate -themselves, while the priest says these prayers: - -First prayer. Aid, O God, those who seek thy mercy, and pardon those who -confess their sins.... - -(2) After these prayers, the priest shall rise and say the mass before -all the men who are to be tried, and they shall take part in the mass. -But before they take the communion, the priest shall adjure them in -these words: I adjure you, by the Father, Son, and Holy Spirit, by your -Christianity, by the only begotten Son of God, whom you believe to be -the Redeemer of the world, by the holy Trinity, by the holy gospel, and -by the relics of the saints which are kept in this church, that you do -not come to the holy communion and take of it, if you have done this -offence, or consented to it, or if you know who committed it, or -anything else about it. - -(3) If they all keep silence and no one makes any confession, the priest -shall go to the altar and take communion, and then give it to the men; -but before they take it he shall say: Let this body and blood of our -Lord Jesus Christ be today a trial of your guilt or innocence. - -(4) After the mass the priest shall go to the place where the ordeal is -to be held, bearing with him the book of the gospels and a cross, and he -shall say a short litany. After the litany he shall exorcise the water -before it becomes hot, as follows: - -(5) I exorcise thee, water, in the name of omnipotent God, and in the -name of Jesus Christ, his Son, our Lord, that you may become exorcised -and freed from the power of the enemy and the wiles of the devil; so -that, if this man who is about to put his hand in you is innocent of the -crime of which he is accused, he may escape all injury through the grace -of omnipotent God. If he is guilty either in deed or knowledge of the -offence of which he is accused, may the power of omnipotent God prove -this upon him, so that all men may fear and tremble at the name of our -Lord Jesus Christ, who lives and reigns with God. - -(6) Prayer. Lord Jesus Christ, who art a just judge, strong and patient, -plenteous in mercy, by whom all things are made, God of gods, Lord of -lords, who didst come down from the bosom of the Father for us and our -salvation, and wast born of the Virgin Mary; who by thy passion on the -cross didst redeem the world; who didst descend into hell and there -didst bind the devil in the outer darkness, and free by thy great power -the souls of all the just who suffered there for the original sin; we -beseech thee, O Lord, to send down from heaven thy Holy Spirit upon this -water, which is now hot and steaming from the fire, that through it we -may have a just judgment upon this man. O Lord, who didst turn the water -into wine in Cana of Galilee as a sign of thy power, who didst lead the -three children Meshach, Shadrach, and Abednego, through the fiery -furnace without harm, who didst free Susanna from the false accusation, -who didst open the eyes of the man born blind, who didst raise Lazarus -after four days from the tomb, who didst reach out thy hand to Peter as -he was sinking in the sea, we, thy suppliants, beseech thee not to have -regard for the errors in our prayer, but to make known to us before all -men thy true and righteous judgment; so that if this man who is accused -of fornication, _or_ theft, _or_ homicide, _or_ adultery, _or_ any other -crime, and who is about to put his hand into the hot water, is not -guilty of that crime, thou wilt so guard him that no harm or injury -shall happen to that hand. - -(7) Omnipotent God, we, thy unworthy and sinful servants, again beseech -thee to make manifest to us thy true and righteous judgment, so that -this man, who is accused and is about to undergo the ordeal, is guilty -of that crime, by act or consent, because of the instigation of the -devil or through his own cupidity or pride, and expects to escape or to -circumvent the ordeal by some trick, his guilt may be made known upon -him by thy power, and may be shown upon his hand, in order that he -himself may be brought to confession and repentance, and that thy holy -and righteous judgment may be made manifest to all people. - -(8) [Another exorcism of the water.] - -(9) Then the priest takes off the garments of each of the men and -clothes them in the clean robes of an exorcist or deacon, makes them -each kiss the gospel and cross of Christ, and sprinkles them with holy -water. Then he makes them each take a drink of the holy water, saying to -each one: I give you this water as a trial of your guilt or innocence. -Then the wood is placed under the caldron and lighted, and when the -water begins to get hot the priest says these prayers: - -(10) In the name of the holy Trinity. God the just Judge, etc. [Similar -to §6 above.] - -(11) Let us pray. God, who didst free St. Susanna from the false -accusation; God, who didst rescue St. Thecla from the arena; God, who -didst free St. Daniel from the lions' den, and the three children from -the fiery furnace: free now the innocent, and make known the guilty. - -(12) The man who is to undergo the ordeal shall say the Lord's prayer -and make the sign of the cross; then the caldron shall be taken from the -fire, and the judge shall suspend a stone in the water at the prescribed -depth in the regular manner, and the man shall take the stone out of the -water in the name of the Lord. Then his hand shall be immediately bound -up and sealed with the seal of the judge, and shall remain wrapped up -for three days, when it shall be unbound and examined by suitable -persons. - - - -235. Ordeal by Hot Iron. - - -Pp. 615 f. - -(1) First the priest says the prescribed mass; then he has the fire -lighted, and blesses the water and sprinkles it over the fire, over the -spectators, and over the place where the ordeal is to be held; then he -says this prayer: - -(2) O Lord, our God, the omnipotent Father, the unfailing Light, hear -us, for thou art the maker of all lights. Bless, O God, the fire which -we have sanctified and blessed in thy name, thou who hast illumined the -whole world, that we may receive from it the light of thy glory. As thou -didst illumine Moses with the fire, so illumine our hearts and minds -that we may win eternal life. - -(3) Then he shall say the litany.... - -(4) The prayers.... - -(5) Then the priest approaches the fire and blesses the pieces of iron, -saying: O God, the just judge, who art the author of peace and judgest -with equity, we humbly beseech thee so to bless this iron, which is to -be used for the trial of this case, that if this man is innocent of the -charge he may take the iron in his hand, _or_ walk upon it, without -receiving harm or injury; and if he is guilty this may be made manifest -upon him by thy righteous power; that iniquity may not prevail over -justice, nor falsehood over truth. - -(6) O Lord, the holy Father, we beseech thee by the invocation of thy -most holy name, by the advent of thy Son, our Lord Jesus Christ, and by -the gift of the Holy Spirit, the Comforter, to bless these pieces of -iron to the manifestation of thy righteous judgment, that they may be so -sanctified and dedicated that thy truth may be made known to thy -faithful subjects in this trial. In the name of our Lord Jesus Christ, -etc. - -(7) Omnipotent God, we humbly beseech thee that in the trial which we -are about to make, iniquity may not prevail over justice, nor falsehood -over truth. And if anyone shall attempt to circumvent this trial by -witchcraft or dealing with herbs, may it be prevented by thy power. - -(8) May the blessing of God the Father, Son, and Holy Spirit descend -upon these pieces of iron, that the judgment of God may be manifest in -them. - -(9) Then this psalm shall be said on behalf of the accused: Hear my -prayer, O Lord, and give ear unto my cry.... - -(10) Prayer: Hear, we beseech thee, O Lord, the prayer of thy -suppliants, and pardon those that confess their sins, and give us pardon -and peace. - -(11) Then those who are to be tried shall be adjured as follows: I -adjure you (name), by omnipotent God who made heaven and earth, the sea, -and all that in them is, by Jesus Christ his Son, who was born and -suffered for us, by the Holy Spirit, by the holy Mary, the Mother of -God, and by all the holy angels, apostles, martyrs, confessors, and -virgins, that you do not yield to the persuasions of the devil and -presume to take the iron in your hand, if you are guilty of the crime of -which you are accused, or if you know the guilty person. If you are -guilty and are rash enough to take the test, may you be put to confusion -and condemned, by the virtue of our Lord Jesus Christ, and by the sign -of his holy cross. But if you are innocent of the crime, in the name of -our Lord Jesus Christ and by the sign of his holy cross, may you have -faith to take this iron in your hand; and may God, the just Judge, keep -you from harm, even as he saved the three children from the fiery -furnace and freed Susanna from the false accusation; may you go through -the ordeal safe and secure, and may the power of our Lord be made -manifest in you this day. - -(12) Then he who is about to be tried shall say: In this ordeal which I -am about to undergo, I put my trust rather in the power of God the -omnipotent Father to show his justice and truth in this trial, than in -the power of the devil or of witchcraft to circumvent the justice and -the truth of God. - -(13) Then the man who is accused takes the sacrament and carries the -iron to the designated place. After that the deacon shall bind up his -hand and place the seal upon it. And until the hand is unwrapped -[_i.e._, at the end of three days] the man should put salt and holy -water in all his food and drink. - - - -236. Ordeal by Cold Water. - - -Pp. 618 f. - -(1) When men are to be put to the ordeal [of cold water], the process -should be as follows: They shall be brought to the church, and the -priest shall say the mass and the men shall take part in it. Before they -take the communion, the priest shall adjure them thus: - -(2) I adjure you, men, by the Father, Son, and Holy Spirit, by your -Christianity, by the only begotten Son of God, by the holy Trinity, by -the holy gospel, and by the relics that are kept in this church, that -you do not presume to take communion, or to come to the altar if you -have committed this crime, or have consented to it, or if you know the -guilty person. - -(3) If they all keep silence and no one confesses, the priest shall go -to the altar and give them the communion. Then he shall say to them: May -this body and blood of our Lord Jesus Christ be today a trial of your -guilt or innocence. - -(4) After the mass, the priest shall take water that has been blessed -and shall go to the place of the ordeal. When they come there the priest -shall give the men this water to drink, and shall say: May this water be -a trial of your guilt or innocence. Then he shall adjure the water in -which they are to be cast, and then shall take off the clothes of the -men and make each one of them kiss the holy gospel and the cross of -Christ. Then he shall sprinkle each of them with holy water and shall -cast them one by one into the water. The priest and those who are to be -tried should have fasted before the trial. - -(5) Adjuration of the man who is to undergo the ordeal: I adjure you -(name), by the invocation of our Lord Jesus Christ, and by the ordeal of -cold water. I adjure you by the Father, Son, and Holy Spirit, by the -inseparable Trinity, by our Lord Jesus Christ, by all the angels and -archangels, by the dreadful day of judgment, by the four evangelists, -Matthew, Mark, Luke, and John, by the twelve apostles, by the twelve -prophets, by all the saints of God, by the principalities and powers, by -the dominions and virtues, by the thrones of the cherubim and seraphim, -by the three children, Meshach, Shadrach, and Abednego, by the 144,000 -who suffered for the name of Christ, by the baptism in which the priest -gave you the new birth, that if you have seen or known anything about -this theft, if you have had anything to do with it, if you have received -it in your house, or consented to it, or if your heart is hardened, your -heart may be melted, and the water may not receive you; may witchcraft -not prevail, but may the truth be made manifest. We beseech thee, our -Lord Jesus Christ, give us a sign, so that if this man is guilty, the -water may not receive him; do this to thine honor and glory, by the -invocation of thy name, that all may know that thou art our Lord, who -livest and reignest with the Father and the Holy Spirit, forever and -ever. Amen. - -(6) Prayer over the water. We humbly beseech thee, O Lord Jesus Christ, -to give us a sign, that if this man is guilty in any way of the crime of -which he is accused the water may not receive him, but he may float, and -not sink in the water. Do this, O Lord Jesus Christ, to thine honor and -glory by the invocation of thy holy name, that all may know that thou -art the true God, and that there is no other God beside thee, who livest -and reignest with God the Father in unity with the Holy Spirit forever -and ever. Amen. - -(7) Omnipotent God has established this ordeal, and it is righteous. -Pope Eugene has ordained that it should be used throughout the whole -world by all bishops, abbots, counts, and all Christians, for it is -proved by many to be just and righteous. Therefore it has been decreed -by them that no one may clear himself by placing his hand on the altar -or on the relics, or by swearing on the bodies of the saints. - - - -237. Ordeal by Cold Water. - - -P. 689. - -The following paragraph is taken from another ordeal by cold water which -is otherwise similar to the one just given; it illustrates more minutely -the way in which the accused was immersed. - -(6) On the staff which is placed between the arms of the man shall be -written: Behold the cross of God, let his adversaries flee. The lion of -the tribe of Judah, the root of David, hath prevailed to make a -righteous judgment + [sign of the cross]. May St. John the Baptist bless -this water. On it shall also be written the gospel: In the beginning; -and the benediction: Lord God.{108} - - -{108} An illustration, from an old manuscript of one of the collections -of forms for ordeal, shows how the person was bound in this case. The -illustration represents the ordeal as taking place from a boat. The -man's knees are shown drawn up to his chin; a staff is under the bend of -the knees and his arms are passed under the staff. His hands are bound -at the wrist with a rope which is held by other persons in the boat. He -was probably drawn out by the rope if he sank in the water. - - - -238. Ordeal by the Barley Bread. - - -P. 691. - -(1) First the priest prepares himself with the deacon, and then blesses -the water; and the deacon prepares the barley flour which he mixes with -the holy water and bakes, both of them saying during the process the -seven penitential psalms, the litany, and the following prayers [certain -prayers follow]. - -(2) Prayer over the bread. O God, who didst reveal the wood of the true -cross on Mount Calvary, where Christ was betrayed by Judas (for God gave -over his Son to be betrayed by Judas), reveal to us by the judgment of -the barley bread whatever we ask in thy name. - -(3) After the bread is baked the priest shall take it and place it -behind the altar and shall say the mass for that day. After the mass he -shall mark the bread with the sign of the cross, and shall place an iron -rod in the centre of the cross, with a hook at the top to suspend it by. -The priest shall keep this bread by him and use it until it spoils. When -anyone is accused of theft, or fornication, or homicide, and is brought -before the priest, the priest shall take the bread and give it to two -Christian men, and they shall hang it by the hook between them, and the -priest shall say the following adjuration. And if the man is guilty, the -bread will revolve around; if he is not guilty, the bread will not move -at all. - -(4) Adjuration over the barley bread. I adjure thee, barley bread, by -God the omnipotent Father, etc., that if this man or woman has -committed, consented to, or had any part in this crime, thou shalt turn -around in a circle; if he is not guilty, thou shalt not move at all. I -adjure thee, barley bread, by the Mother of God, by the prophet Hosea, -and the prophet Jonah, who prophesied unto Nineveh, by Lazarus, whom God -raised from the dead, by the blind man, to whom the Lord restored his -sight, by all the monks and canons and all laymen, by all women, and by -all the inhabitants of heaven and earth, forever and ever, amen. - - - -239. Ordeal by Bread and Cheese. - - -P. 630 f. - -(1) Lord God omnipotent, holy, holy, holy. Holy Father, the invisible -and eternal God, maker of all things; holy God, ruler of mortals and -immortals, who dost see and know all things, who triest the hearts and -the reins; O God, I beseech thee, hear the words of my prayer, that this -bread and cheese may not pass the jaws and the throat of him who has -committed the theft. - -(2) Before the mass is begun and before the cheese is cut with the -knife, while it is still whole, these words should be written round -about it: "His mischief shall return upon his own head, and his violent -dealing shall come down upon his own pate" [Ps. 7:16]. - -(3) Then bread and cheese to the weight of nine denarii shall be given -to each man. The bread shall be of barley and unleavened; the cheese -shall be cheese made in the month of May of the milk of ewes. While the -mass is being said, those who are accused of the theft shall be in front -of the altar, and one or more persons shall be appointed to watch them -that they do not contrive any trick. When the communion is reached the -priest shall first take the communion of the body of Christ, and then -shall bless the bread and cheese, which has been carefully weighed out -as above, and shall immediately give it to the men. The priest and the -inspectors shall watch them carefully and see that they all swallow it. -After they have swallowed it, the corners of the mouth of each shall be -pressed to see that none of the bread and cheese has been kept in the -mouth. Then the rest of the mass shall be said. - - - -240-250. Documents on the Peace of God, the Truce of God, and the Peace -of the Land. - -One of the worst features of the feudal age was the prevalence of -private warfare. This was due to the warlike character of the feudal -institutions, to the jealous insistence of the feudal nobles on their -right to fight out their own quarrels without appeal to law, and to the -weakness of the king in the feudal state. Continuous private war not -only meant violence, oppression, and outrage for the weaker members of -society; it also hindered or prevented any advance in civilization for -the whole society. The first steps to overcome this condition were taken -by the church, which was usually to be found in that age on the side of -peace and order. The earliest form was the peace of God, proclaimed by -provincial synods. Several of these appeared at the end of the tenth -century. These forbade all violence and oppression under ecclesiastical -penalty, on the ground that they were contrary to the spirit of -Christianity. The peace of God did not attain any lasting success, for -the turbulent nobles could not be made to give up fighting entirely. -Then the church attempted to mitigate at least these evils, by means of -the truce of God. In the truce of God, violence was forbidden on certain -days and during certain periods. In origin the truce of God was -proclaimed by the clergy of a certain diocese or archdiocese for the -people of their district, but later it was sometimes adopted by the -emperor or king for the whole land. The truce was to last from vespers -or sunset on Wednesday to sunrise on the following Monday of every week, -and also for certain whole periods. It will be seen from the documents -that these days and periods had a religious significance, which is -further evidence that the church regarded the keeping of the peace as a -religious rather than a political duty. The means of enforcing the truce -were ecclesiastical penalties, penance, anathema, excommunication, etc. -The peace of the land has a different origin and character. In the -empire of Karl the Great, the right to enforce the keeping of the peace -belonged to the emperor, and in theory this had never been given up by -the later kings and emperors. It was on this right that the emperors -based their authority to proclaim the peace of the land. In appearance -the great peaces of Frederick I and Frederick II were imperial edicts, -but in fact they depended very largely for their authority upon the -acceptance and agreement of the nobles (see nos. 245, 246). In some -cases the peace of the land was proclaimed for a province (see no. 246), -in others it was for the whole empire. The peace was usually proclaimed -for a certain length of time. In some cases the form of the truce of God -was preserved in the peace of the land, as in no. 246. The documents on -the peace of the land belong in a way under section III, but it was -thought better to bring them together here, because they interrupt the -general historical movement of the quarrel, and because they form a -subject by themselves. - - - -240. Peace of God, Proclaimed in the Synod of Charroux, 989. - - -Huberti, Gottesfrieden und Landfrieden, I, p. 35. - -Following the example of my predecessors, I, Gunbald, archbishop of -Bordeaux, called together the bishops of my diocese in a synod at -Charroux, ... and we, assembled there in the name of God, made the -following decrees: - -1. Anathema against those who break into churches. If anyone breaks into -or robs a church, he shall be anathema unless he makes satisfaction. - -2. Anathema against those who rob the poor. If anyone robs a peasant or -any other poor person of a sheep, ox, ass, cow, goat, or pig, he shall -be anathema unless he makes satisfaction. - -3. Anathema against those who injure clergymen. If anyone attacks, -seizes, or beats a priest, deacon, or any other clergyman, who is not -bearing arms (shield, sword, coat of mail, or helmet), but is going -along peacefully or staying in the house, the sacrilegious person shall -be excommunicated and cut off from the church, unless he makes -satisfaction, or unless the bishop discovers that the clergyman brought -it upon himself by his own fault. - - - -241. Peace of God, Proclaimed by Guy of Anjou, Bishop of Puy, 990. - - -Huberti, Gottesfrieden, I, pp. 123 f. - -In the name of the divine, supreme, and undivided Trinity. Guy of Anjou, -by the grace of God bishop [of Puy], greeting and peace to all who -desire the mercy of God. Be it known to all the faithful subjects of -God, that because of the wickedness that daily increases among the -people, we have called together certain bishops [names], and many other -bishops, princes, and nobles. And since we know that only the -peace-loving shall see the Lord, we urge all men, in the name of the -Lord, to be sons of peace. - -1. From this hour forth, no man in the bishoprics over which these -bishops rule, and in these counties, shall break into a church, ... -except that the bishop may enter a church to recover the taxes that -are due him from it.{109} - -2. No man in the counties or bishoprics shall seize a horse, colt, ox, -cow, ass, or the burdens which it carries, or a sheep, goat, or pig, or -kill any of them, unless he requires it for a lawful expedition.{110} On -an expedition a man may take what he needs to eat, but shall carry -nothing home with him; and no one shall take material for fortifying or -besieging a castle except from his own lands or subjects. - -3. Clergymen shall not bear arms; no one shall injure monks or any -unarmed persons who accompany them; except that the bishop or the -archdeacon may use such means as are necessary to compel them to pay the -taxes which they owe them. - -4. No one shall seize a peasant, man or woman, for the purpose of making -him purchase his freedom, unless the peasant has forfeited his freedom. -This is not meant to restrict the rights of a lord over the peasants -living on his own lands or on lands which he claims. - -5. From this hour forth no one shall seize ecclesiastical lands, whether -those of a bishop, chapter, or monastery, and no one shall levy any -unjust tax or toll from them; unless he holds them as _precaria_ from -the bishop or the brothers. - -6. No one shall seize or rob merchants. - -7. No layman shall exercise any authority in the matter of burials or -ecclesiastical offerings; no priest shall take money for baptism, for it -is the gift of the Holy Spirit. - -8. If anyone breaks the peace and refuses to keep it, he shall be -excommunicated and anathematized and cut off from the holy mother -church, until he makes satisfaction; if he refuses to make satisfaction, -no priest shall say mass or perform divine services for him, no priest -shall bury him or permit him to be buried in consecrated ground; no -priest shall knowingly give him communion; if any priest knowingly -violates this decree he shall be deposed. - - -{109} The meaning of this exception is not clear in the original. -Apparently it is put in to preserve the right of the bishop over the -churches and the clergy of his diocese, and to prevent any of the lower -clergy from citing the decree in restraint of episcopal control; so also -the exception in paragraph 3. - -{110} This exception is intended to preserve the rights of the emperor -and others on lawful expeditions to take what they need for the journey. - - - -242. Truce of God, made for the Archbishopric of Arles, 1035-41. - - -M. G. LL. 4to, IV, 1, no. 419. - -This is the earliest truce of God extant (except for the doubtful case -of the council of Elne, 1027), and it is preserved only in the form of a -communication recommending it to the clergy of Italy. - -In the name of God, the omnipotent Father, Son, and Holy Spirit. -Reginbald, archbishop of Arles, with Benedict, bishop of Avignon, -Nithard, bishop of Nice, the venerable abbot Odilo [of Cluny], and all -the bishops, abbots, and other clergy of Gaul, to all the archbishops, -bishops, and clergy of Italy, grace and peace from God, the omnipotent -Father, who is, was, and shall be. - -1. For the salvation of your souls, we beseech all you who fear God and -believe in him and have been redeemed by his blood, to follow the -footsteps of God, and to keep peace one with another, that you may -obtain eternal peace and quiet with Him. - -2. This is the peace or truce of God which we have received from heaven -through the inspiration of God, and we beseech you to accept it and -observe it even as we have done; namely, that all Christians, friends -and enemies, neighbors and strangers, should keep true and lasting peace -one with another from vespers on Wednesday to sunrise on Monday, so that -during these four days and five nights, all persons may have peace, and, -trusting in this peace, may go about their business without fear of -their enemies. - -3. All who keep the peace and truce of God shall be absolved of their -sins by God, the omnipotent Father, and His Son Jesus Christ, and the -Holy Spirit, and by St. Mary with the choir of virgins, and St. Michael -with the choir of angels, and St. Peter with all the saints and all the -faithful, now and forever. - -4. Those who have promised to observe the truce and have wilfully -violated it, shall be excommunicated by God the omnipotent Father, and -His Son Jesus Christ, and the Holy Spirit, from the communion of all the -saints of God, shall be accursed and despised here and in the future -world, shall be damned with Dathan and Abiram and with Judas who -betrayed his Lord, and shall be overwhelmed in the depths of hell, as -was Pharaoh in the midst of the sea, unless they make such satisfaction -as is described in the following: - -5. If anyone has killed another on the days of the truce of God, he -shall be exiled and driven from the land and shall make a pilgrimage to -Jerusalem, spending his exile there. If anyone has violated the truce of -God in any other way, he shall suffer the penalty prescribed by the -secular laws and shall do double the penance prescribed by the canons. - -6. We believe it is just that we should suffer both secular and -spiritual punishment if we break the promise which we have made to keep -the peace. For we believe that this peace was given to us from heaven by -God; for before God gave it to his people, there was nothing good done -among us. The Lord's Day was not kept, but all kinds of labor were -performed on it. - -7. We have vowed and dedicated these four days to God: Thursday, because -it is the day of his ascension; Friday, because it is the day of his -passion; Saturday, because it is the day in which he was in the tomb; -and Sunday, because it is the day of his resurrection; on that day no -labor shall be done and no one shall be in fear of his enemy. - -8. By the power given to us by God through the apostles, we bless and -absolve all who keep the peace and truce of God; we excommunicate, -curse, anathematize, and exclude from the holy mother church all who -violate it. - -9. If anyone shall punish violators of this decree and of the truce of -God, he shall not be held guilty of a crime, but shall go and come -freely with the blessing of all Christians, as a defender of the cause -of God. But if anything has been stolen on other days, and the owner -finds it on one of the days of the truce, he shall not be restrained -from recovering it, lest thereby an advantage should be given to the -thief. - -10. In addition, brothers, we request that you observe the day on which -the peace and truce was established by us, keeping it in the name of the -holy Trinity. Drive all thieves out of your country, and curse and -excommunicate them in the name of all the saints. - -11. Offer your tithes and the first fruits of your labors to God, and -bring offerings from your goods to the churches for the souls of the -living and the dead, that God may free you from all evils in this world, -and after this life bring you to the kingdom of heaven, through Him who -lives and reigns with God the Father and the Holy Spirit, forever and -ever. Amen. - - - -243. Truce of God for the Archbishoprics of Besancon and Vienne, _ca._, -1041. - - -M. G. LL. 4to. IV, 1, no. 421. - -1. We command all to keep the truce from sunset on Wednesday to sunrise -on Monday, and from Christmas to the octave of [_i.e._, week after] -Epiphany [Jan. 6], and from Septuagesima Sunday [third Sunday before -Lent] to the octave of Easter [the Sunday after Easter]. - -2. If anyone violates the truce and refuses to make satisfaction, after -he has been admonished three times, the bishop shall excommunicate him -and shall notify the neighboring bishops of his action by letter. No -bishop shall receive the excommunicated person, but shall confirm the -sentence of excommunication against him in writing. If any bishop -violates this decree he shall be in danger of losing his rank. - -3. And since a threefold cord is stronger and harder to break than a -single one, we command bishops mutually to aid one another in -maintaining this peace, having regard only to God and the salvation of -their people, and not to neglect this through love or fear of anyone. If -any bishop is negligent in this regard, he shall be in danger of losing -his rank. - - - -244. Truce for the Bishopric of Terouanne, 1063. - - -M. G. LL. 4to. IV, 1, no. 422. - -Drogo, bishop of Terouanne, and count Baldwin [of Hainault] have -established this peace with the cooperation of the clergy and people of -the land. - -Dearest brothers in the Lord, these are the conditions which you must -observe during the time of the peace which is commonly called the truce -of God, and which begins with sunset on Wednesday and lasts until -sunrise on Monday. - -1. During those four days and five nights no man or woman shall assault, -wound, or slay another, or attack, seize, or destroy a castle, burg, or -villa, by craft or by violence. - -2. If anyone violates this peace and disobeys these commands of ours, he -shall be exiled for thirty years as a penance, and before he leaves the -bishopric he shall make compensation for the injury which he committed. -Otherwise he shall be excommunicated by the Lord God and excluded from -all Christian fellowship. - -3. All who associate with him in any way, who give him advice or aid, or -hold converse with him, unless it be to advise him to do penance and to -leave the bishopric, shall be under excommunication until they have made -satisfaction. - -4. If any violator of the peace shall fall sick and die before he -completes his penance, no Christian shall visit him or move his body -from the place where it lay, or receive any of his possessions. - -5. In addition, brethren, you should observe the peace in regard to -lands and animals and all things that can be possessed. If anyone takes -from another an animal, a coin, or a garment, during the days of the -truce, he shall be excommunicated unless he makes satisfaction. If he -desires to make satisfaction for his crime he shall first restore the -thing which he stole or its value in money, and shall do penance for -seven years within the bishopric. If he should die before he makes -satisfaction and completes his penance, his body shall not be buried or -removed from the place where it lay, unless his family shall make -satisfaction for him to the person whom he injured. - -6. During the days of the peace, no one shall make a hostile expedition -on horseback, except when summoned by the count; and all who go with the -count shall take for their support only as much as is necessary for -themselves and their horses. - -7. All merchants and other men who pass through your territory from -other lands shall have peace from you. - -8. You shall also keep this peace every day of the week from the -beginning of Advent to the octave of Epiphany and from the beginning of -Lent to the octave of Easter, and from the feast of Rogations [the -Monday before Ascension Day] to the octave of Pentecost. - -9. We command all priests on feast days and Sundays to pray for all who -keep the peace, and to curse all who violate it or support its -violators. - -10. If anyone has been accused of violating the peace and denies the -charge, he shall take the communion and undergo the ordeal of hot iron. -If he is found guilty, he shall do penance within the bishopric for -seven years. - - - -245. Peace of the Land Established by Henry IV, 1103. - - -M. G. LL. folio, II, p. 60; Doeberl, III, no. 18. - -In the year of the incarnation of our Lord 1103, the emperor Henry -established this peace at Mainz, and he and the archbishops and bishops -signed it with their own signatures. The son of the king and the nobles -of the whole kingdom, dukes, margraves, counts, and many others, swore -to observe it. Duke Welf, duke Bertholf, and duke Frederick swore to -keep the peace from that day to four years from the next Pentecost. They -swore to keep peace with churches, clergy, monks, merchants, women, and -Jews. This is the form of the oath which they swore: - -No one shall attack the house of another or waste it with fire, or seize -another for ransom, or strike, wound, or slay another. If anyone does -any of these things he shall lose his eyes or his hand, and the one who -defends him shall suffer the same penalty. If the violator flees into a -castle, the castle shall be besieged for three days by those who have -sworn to keep the peace, and if the violator is not given up it shall be -destroyed. If the offender flees from justice out of the country, his -lord shall take away his fief, if he has one, and his relatives shall -take his patrimony. If anyone steals anything worth five solidi or more, -he shall lose his eyes or his hand. If anyone steals anything worth less -than five solidi, he shall be made to restore the theft, and shall lose -his hair and be beaten with rods; if he has committed this smaller theft -three times, he shall lose his eyes or his hand. If thou shalt meet -thine enemy on the road and canst injure him, do so; but if he escapes -to the house or castle of anyone, thou shalt let him remain there -unharmed. - - - -246. Peace of the Land for Elsass, 1085-1103. - - -M. G. LL. 4to, IV, 1, no. 429; Doeberl, III, no. 22 b. - -Be it known to all lovers of peace that the people of Elsass with their -leaders have mutually sworn to maintain perpetual peace on the following -terms: - -1. All churches shall have peace always and everywhere. All clergy and -women, merchants, hunters, pilgrims, and farmers while they work in the -fields and on their way to and from their labor, shall have peace. - -2. They have sworn to keep the peace especially on certain days and -during certain seasons; namely, from vespers on Wednesday to sunrise on -Monday of every week, on the vigils{111} and feast days of the saints, -on the four times of fast,{112} from Advent to the octave of Epiphany, -and from Septuagesima Sunday to the octave of Pentecost. In these times -no one shall bear arms except those on journey. All public enemies of -the royal majesty shall be excluded from the benefits of this peace. - -3. If anyone of those who have sworn to maintain this peace shall commit -any crime against one of the others, on one of these days, such as -robbing, burning, seizing, or committing any other violence on his lands -or in his house, or beating him so as to bring blood, he shall suffer -capital punishment, if he is a freeman, and shall lose his hand, if he -is a serf. - -4. If anyone conceals a violator of the peace or aids him to escape, he -shall suffer the penalty of the guilty person. - -5. If anyone unjustly accuses one of those who have sworn to keep the -peace of having violated it, or calls out the forces of the peace -against him, through malice or anger, he shall suffer the penalty -described above. - -6. If anyone who dwells in the province has been accused of violating -the peace, he shall clear himself inside of seven days by the testimony -of seven of his peers, if he is a freeman or a ministerial; but if he -belongs to a lower rank in the city or country, he shall clear himself -by the ordeal of cold water. - -7. If anyone steals anything of the value of a siclum [a coin of unknown -value] or two, he shall lose his hair and his skin; if he commits the -theft a second time, or steals anything worth five sicla or more, he -shall lose his hand; if he commits a theft a third time, he shall be -hanged. - -8. Those who are called to attend the expedition of the emperor or one -made to maintain the peace, shall go at their own expense for three -days. If the expedition takes longer than that, they may levy fodder for -their horses and food for themselves, but may take only grass, -vegetables, apples, wood, and the implements of the hunt. - -9. Draught horses, vineyards, and crops shall always be under the peace, -except that a traveler may take enough from the public road to feed his -horse. - -10. Whatever anyone held by any right of ownership or possession before -the peace was decreed, he shall still hold by the same right. - -11. If anyone has withdrawn from this sworn agreement to keep the peace, -or confesses that he swore to it falsely, and wishes still to remain in -the territory, he shall promise with seven sureties that he will keep -the peace. If he refuses to promise or if he in any way opposes the -peace, he shall either be subject to the penalties of this decree, or -shall leave the land. - -12. All the authors of the peace should be on their guard to prevent -rash or unwise action in enforcing it. - -13. The younger men should be persuaded or even forced to swear to keep -the peace, for they are especially apt to neglect its provisions. - -14. Priests should watch diligently that this useful and holy peace be -not disregarded by the members of their congregations, and should -admonish their people every Sunday to keep it, as is decreed by pope -Leo; and the beginning of the peace of God should be announced at -vespers of every Wednesday with the ringing of bells. - - -{111} The vigil is the day before the saint's day. - -{112} Certain days of fast in the four seasons, observed in the first -week of March, the second week of June, the third week of September, and -the fourth week of December. - - - -247. Decree of Frederick I Concerning the Keeping of Peace, 1156. - - -M. G. LL. folio, II, pp. 101 ff.; Doeberl, IV, no. 32. - -Frederick, by the grace of God emperor of the Romans, Augustus, to the -bishops, dukes, counts, margraves, and all others to whom these presents -come, his grace, peace, and love.... We desire that every person shall -have his rights, and we command by our royal authority that peace, so -long desired and so necessary to the whole land, be kept throughout all -parts of our realm. The following sections show how the peace is to be -kept and preserved: - -1. If anyone kills a man within the territory covered by this peace, he -shall suffer capital punishment, unless he can prove by judicial combat -that he did it in self-defence. But if it is well known that he did it -with malice and not in self-defence, he shall not be allowed to escape -death, by appealing to the judicial combat, or by any other means. If a -violator of the peace flees from justice, his movable property shall be -confiscated by the judge and his heirs shall succeed to his patrimony, -if they swear that the violator of the peace shall never with their -consent receive anything from it. But if the heirs do not take this -oath, they shall lose the inheritance and the count shall give it to the -royal treasury and receive it back as a fief. - -2. If anyone wounds another within the territory covered by the peace, -he shall lose his hand and forfeit his property as above, unless he can -prove by judicial combat that he did it in self-defence. The judge shall -apply the law strictly against him and his property. - -3. If anyone seizes another and beats him without drawing blood or pulls -out his hair or beard, he shall pay ten pounds as compensation to the -one whom he injured, and twenty pounds to the judge as fine. If anyone -reviles another without cause, he shall pay ten pounds for the injury -and ten pounds to the judge as a fine. If anyone has to give pledge to a -judge for more than twenty pounds, he shall put his property in pawn -with the judge, and shall redeem it by paying the amount within four -weeks; if he fails to redeem it within that time, his heirs may receive -it by paying twenty pounds to the count within six weeks; otherwise the -count shall give the property over to the royal treasury, and shall -receive it back as a fief from the king, after paying those who have -claims against it for damages. - -4. If one of the clergy has been accused of violating the peace and has -been convicted and proscribed, or if he has sheltered a violator of the -peace, and has been convicted of these things before his bishop on -sufficient testimony, he shall pay twenty pounds to the count, and make -satisfaction to the bishop according to the canons. But if the clergyman -refuses to obey, he shall lose his rank and his ecclesiastical benefice, -and shall be placed under the ban of the empire. - -5. If a judge has followed a violator of the peace with the "hue and -cry" to the castle of any lord, the lord of the castle shall turn him -over to justice. If the man lives in the castle and is conscious of his -guilt and fears to appear before the judge, the lord of the castle shall -hand over the man's movables to the judge under oath, and shall never -receive the man again in his castle. If the man does not live in the -castle, the lord shall send him out of his castle in security [that is, -the lord is not bound to deliver him to the judge, but shall give him a -chance to escape], and the judge and the people shall continue to pursue -him. - -6. If two men contend for the possession of a fief, and one of them -presents as a witness the man who invested him with it, the count shall -accept his testimony, for the giver of the fief ought to be able to -recognize his own gift; and if the man can prove by trustworthy -witnesses that he held the fief legally and not by violence, he shall -hold it without further controversy. If it is proved that he got it by -violence, he shall pay double the fine for violence and shall be -deprived of the fief. - -7. If three or more men contend for the possession of the same fief and -each one offers as a witness the man who he asserts invested him with -the fief, the judge who tries the case shall choose two men of good -repute who dwell in the same province, and shall make them tell under -oath which man has held the fief legally and without violence, and that -man shall hold the fief in peace and security without further -controversy, unless some other person can claim it justly from him. - -8. If a peasant accuses a knight of violating the peace, the knight -shall swear that he did it not of his own will, but in self-defence, and -shall clear himself with three compurgators. - -9. If a knight accuses a peasant of violating the peace, the peasant -shall swear that he did it not of his own will, but in self-defence, and -he shall choose whether he will clear himself by judgment either of -court trial or ordeal, or by the testimony of six witnesses chosen by -the judge. - -10. If a knight has been accused by another knight of violating the -peace, and wishes to put it to the trial by judicial combat, he shall -not be allowed to fight his accuser unless he can prove that he and his -ancestors were lawful knights by birth. - -11. Immediately after the Nativity of the Virgin Mary, each count shall -choose seven men of good repute, and shall determine with their advice -and according to the character of the season the price at which grain -shall be sold in each province; if any person during that year sells a -measure of grain at a price higher than the one they have fixed, he -shall be considered a violator of the peace, and shall pay thirty pounds -for every measure that he sold above the price. - -12. If a peasant bears arms, such as a spear or a sword, the judge of -the district shall either confiscate the arms or fine him twenty solidi -for carrying them. - -13. A merchant who is travelling through the country on business may -carry a sword bound to his saddle or on his wagon, but he shall use it -only to defend himself from thieves, and not against innocent persons. - -14. No one shall spread nets, snares, or other traps for any animals -except bears, wolves, and boars. - -15. No knight shall bear arms to the count's court, unless requested to -do so by the count. Public thieves when convicted shall suffer the -established penalty. - -16. If anyone has made illegal use of his office of advocate or any -other benefice, and has been warned by his lord to desist, but has not -done so, he shall be deprived of his advocacy or benefice by regular -judicial procedure. If he attempts to recover his advocacy or benefice -by violence he shall be regarded as a violator of the peace. - -17. If anyone steals anything of the value of five solidi or more, he -shall be hanged; if less than five solidi, he shall be beaten with rods -and have his hair cut off with scissors. - -18. If the ministerials of any lord are at war with one another, the -count or the judge of the district shall enforce the law against them. - -19. If a traveller wishes to feed his horse, he may take with impunity -whatever he can reach by standing on the road and feed it to his horse. -Anyone may take grass or green twigs for his use, if he does it without -unnecessary destruction. - - - -248. Peace of the Land Declared by Frederick I in Italy, 1158. - - -Ragewin, Gesta, IV, ch. 10; M. G. LL. folio, II, pp. 112 f.; Doeberl, -IV, no. 37 b. - -Frederick, by the grace of God emperor of the Romans, Augustus, to all -his subjects. We hereby command all our subjects to keep the peace, as -it is decreed in this edict. The dukes, margraves, counts, and all -vassals and public officials, together with the common people between -the ages of 18 and 70, shall take an oath to keep the peace and to aid -the officials in enforcing it. These oaths shall be renewed at the end -of every five years. - -1. If anyone has a grievance against another on any ground, he shall -seek justice from his lawful judge. - -2. Fines for the breach of peace shall be as follows: for a city, 100 -pounds of gold; for a town, 20 pounds of gold; for dukes, margraves, and -counts, 50 pounds of gold; for the immediate vassals of the emperor and -the greater rear-vassals, 20 pounds of gold; for the other vassals and -all other violators of the peace, 6 pounds of gold, and these shall also -be forced to make good the injury according to the law. - -3. Violence and theft shall be punished according to the law; homicide -and bodily injury and all crimes shall also be punished according to -law. - -4. If judges and magistrates appointed by the emperor or his -representative neglect to do justice or to punish violations of the -peace, they shall be compelled to make good the damage and to pay the -legal fine for breach of peace, and in addition they shall pay special -fines to the royal treasury: the higher officials, 10 pounds of gold, -and the lower officials, 3 pounds of gold. Those who are too poor to pay -these fines shall be punished with blows, and shall be prohibited from -dwelling within fifty miles of their former homes during a period of -five years. - -5. We hereby prohibit all associations and sworn leagues in city or -country, whether between city and city, or between person and person, or -between city and person. All such associations that now exist are hereby -declared void, and every member is liable to a fine of 1 pound of gold. - -6. Bishops are commanded to visit all violators of this decree in their -dioceses with ecclesiastical censure, until they make satisfaction. - -7. Protectors of malefactors and receivers of stolen goods shall be -punished with the same fine as the criminals. - -8. If anyone refuses to take the oath to keep the peace, or disobeys -this decree, his goods shall be confiscated and his house destroyed. - -9. We condemn and forbid all illegal exactions, especially against the -church, an abuse which is of long standing. All such exactions levied in -the future shall be repaid in double. - -10. Contracts voluntarily made by minors on oath, which do not affect -their own property, shall be valid; but all promises extorted by force -or fear shall be void, especially promises not to complain of wrong or -injury. - -11. If anyone sells his allodial lands, he shall not sell the authority -and jurisdiction of the emperor over them; sales made with these -provisions are void. - - - -249. The Perpetual Peace of the Land Proclaimed by Maximilian I, 1495. -(German.) - - -Altmann und Bernheim, no. 110. - -For various reasons the government had found it impossible to secure the -peace of the land. One reason was that there was no effective and -satisfactory machinery for punishing offenders, administering justice, -and settling disputes. Maximilian not only forbade all private warfare, -but also created a supreme court to try all offenders and to make it -unnecessary for a man to take the law into his own hands. - -We, Maximilian, etc. (1) From the time of the publication of this peace, -no one, no matter of what rank or position, shall carry on a feud -against another, or make war on him, or rob, seize, attack, or besiege -him, or aid anyone else to do so. And no one shall attack, seize, burn, -or in any other way damage any castle, city, market town, fortress, -village, farmhouse, or group of houses, or in any way aid others to do -such things. No one shall receive those who do such things into his -house, or protect them, or give them to eat or drink. But if anyone has -a ground for complaint against another, he shall summon him before the -court. For the command is now given that all such matters must hereafter -be tried before the supreme court. - -(2) We hereby forbid all feuds and private wars throughout the whole -empire. - -(3) All, of whatever rank or position, who disobey this command, shall, -in addition to other punishments, be put under the imperial ban, and -anyone may attack their person or their property without thereby -breaking the peace. All their charters and rights shall be revoked, and -their fiefs shall be forfeited to their lord. And so long as the guilty -one lives, the said lord shall not be bound to restore it to him or to -his heirs. - -(4) In case this peace is broken and violence is done to anyone, whether -elector, prince, prelate, count, lord, knight, city, or anyone else, no -matter of what rank or position, secular or ecclesiastical, and the -guilty ones are not known, but suspicion rests on anyone, those who were -injured may make complaint against the suspected ones, and summon them, -and compel them to clear themselves by oath of the crimes of which they -are suspected. If any of the suspected ones refuse to clear themselves -in this way, or refuse to come at the appointed time, they shall be -considered guilty of having broken the peace, and they shall be -proceeded against in accordance with the terms of this document. But the -one who summons them shall give them a safe-conduct to come and to -return to their homes. If it is impossible to deliver the summons to -them in person, it shall be posted in a few places which they are known -to frequent. If, contrary to this peace, anyone is attacked or robbed, -all those who are present and see it, or learn of it in any way, shall -take action against the offender with as much earnestness and promptness -as if it concerned them alone. - -(5) No one shall in any way aid or protect such peace-breakers, or -permit them to remain in his territory or lands, but he shall seize them -and begin proceedings against them and give aid to anyone who makes -complaint against them.... - -(6) If such peace-breakers have such protection or are so strong that -the state must interfere and make a campaign against them, or if anyone -who is not a member of the peace breaks the peace or aids those who have -broken it, charges shall be made by the injured, or by the presiding -judge of the supreme court, to us or to our representatives and to the -annual diet, and aid shall be sent at once to those who have been -attacked. If through war or anything else it is impossible to hold the -diet, we give the presiding judge of the supreme court the authority to -call us and the members of the diet together in any place where we, or -our representatives, can meet and take whatever measures are necessary. -But nevertheless the presiding judge and the whole court shall not cease -to prosecute all such peace-breakers with all the legal means possible. - -(7) There are many mercenaries in the land who are not in the service of -anyone, or who do not long remain in the service of those who hire them, -or their masters do not control them as they should, but they go riding -about the country seeking to take advantage of people and to rob. We -therefore decree that such men shall no longer be tolerated in the -empire, and wherever they are found they shall be seized and examined -and severely punished for their evil deeds, and all that they have shall -be taken from them, and they shall give security for their good conduct -by oath and bondsmen. - -(8) If any clergyman breaks this peace, the bishop who has jurisdiction -over him shall compel him to make good the damage which he has done, and -his property shall be taken for this purpose. If the bishops are -negligent in this matter, we put them as well as the peace-breakers -under the ban, and deprive them of the protection of the empire, and we -will in no way defend them or protect them in their evil-doing. But they -may clear themselves of suspicion in the same way as laymen. - -(9) During this peace no one shall make an agreement or treaty with -another which shall in any way conflict with this peace. We hereby annul -all the articles of such agreements or treaties which are contrary to -this peace, but the rest of such agreements or treaties shall remain in -force. This peace is not intended to interfere in any way with existing -treaties. Without the consent of those who have been injured we will not -free from the ban anyone who has through an offence against the peace -been proscribed, unless he clears himself in a legal way. - -(10) We command you ... to observe this peace in all points, and to -compel all your officials and subjects to observe it, if you wish to -avoid the punishments of the imperial law and our heavy disfavor. - -(11) We hereby annul all grants, privileges, etc., which have been -granted by us or our predecessors, which in any way conflict with this -peace. - -(12) This peace is not intended to annul any of the laws of the empire -or commands which have already been issued, but rather to strengthen -them and to command that all men shall hereafter observe them. - - - -250. The Establishment of a Supreme Court to Try Peace-breakers, 1495. -(German.) - - -Datt, Volumen rerum Germanicarum novum, sive de pace imperii publica, -p. 876. - -We, Maximilian, etc., have, for good and sufficient reasons, established -a general peace of the land throughout the Roman empire and Germany, and -have ordered it to be observed. But it cannot be enforced without the -proper support and protection. Therefore at the advice of the electors, -princes, and the general diet held here at Worms, for the common good, -and for the honor of us and of the supreme court of the holy Roman -empire, we have issued the following laws and regulations in regard to -it. We will appoint a presiding judge of this court. He may be either a -layman or a clergyman, a count or a nobleman. And we will elect sixteen -assistant judges [who shall give the decision]. They shall all be -elected at this diet. They shall all be Germans of good character and of -good degree of knowledge and experience, and at least half of them shall -be trained in the law and the other half shall be noblemen of the rank -of knight at least. The decision of the sixteen shall be final. In case -of a tie the presiding judge shall have the deciding vote. Nothing shall -prevent them from giving a just and legal decision. The presiding judge -and the sixteen shall have no other business, but they shall devote -themselves wholly to the work of this court. They shall not be absent -from the sessions of the court without special permission. The sixteen -shall get such permission from the presiding judge, and he from the -sixteen. But never more than four of them shall be absent from the court -at the same time. Neither the presiding judge nor the sixteen shall -leave the city in which the court is in session except for the most -weighty reasons. If the presiding judge is for a long time prevented by -illness or other weighty reason from holding court, he shall, with the -consent of the sixteen, give one of the sixteen, preferably a count or -nobleman, the authority to represent him. And even if four or less of -the sixteen are absent, the others shall have the power to try cases and -render decisions as if they were all present. But in cases in which -electors, princes, or those of princely rank are concerned, the -presiding judge must preside in person. But if he cannot do so, he may, -with the consent of the others, name a person to preside in his -stead.... We will, with the advice of the princes and of the diet which -shall meet that year, fill all vacancies which may occur in this court. -If the presiding judge dies without appointing some one to preside in -his stead, the sixteen shall elect some one to take his place, so that -the court may not be idle until the next diet assembles. They shall -elect a count or nobleman to this office; and he shall fill this office -until the next diet meets, at which time we will appoint a new presiding -judge. - - - - -VIII. MONASTICISM - - - -251. The Rule of St. Benedict. About 530. - - -Edited by E. Woelfflin. - -Monasticism arose in Egypt and western Asia, where the climate was such -that those who lived out-of-doors suffered very little from the -inclemency of the weather. The first monks were true hermits, each one -living quite alone. Very little shelter was necessary; a tree, an -overhanging rock, a small cave, would offer quite enough protection -against the weather. But as the movement spread to countries where there -was more rain and the winters were colder their manner of life was -necessarily modified. They began to live together in houses, but at the -same time attempted to preserve as much of the hermit life as possible. -Although under the same roof, the monks avoided life in common. Each one -had his own room or cell, prepared his own food, and was as far as -possible separated from his fellow monks. But the mere fact that they -lived under one roof made certain rules necessary, and they had to have -regulations to protect themselves against impostors. And if they had -rules, there must be some one to enforce them. So in a natural way every -monastery came to have an organization and certain officials. Since each -monastery had its own regulations or rule, there was the widest -divergence among them. By making a rule which was eventually adopted in -all Greek monasteries, Basil the Great (d. 379) brought about uniformity -without introducing any important changes. - -Monasticism was introduced into the west toward the middle of the fourth -century and spread rapidly. Here, too, each monastery made its own rule. -Some of these rules achieved a local reputation and were adopted by -several monasteries. But they were all eventually superseded by the rule -of St. Benedict, which by fortunate circumstances came to be regarded in -the west as the only proper monastic rule. - -The loose organization of the monasteries had permitted many abuses to -creep in (cf. ch. 1). The rule of St. Benedict was intended to correct -these. Probably the worst of these abuses was the instability of the -monks. This was due to the fact that they were not compelled to take a -vow to remain in the monastery. Neither were their vows regarded as -perpetually binding, or at least there was no means of compelling them -to keep their vows, or of punishing them if they broke them. If any monk -grew tired of the monastic life or found it irksome, he might leave the -monastery and either enter another, or lead a vagabond sort of existence -by wandering from one place to another (cf. ch. 1). In this way he could -escape all the rigors of the rule and free himself from all discipline. -It was not uncommon for monks to leave the monastery and go back to a -life in the world. St. Benedict put an end to these abuses by requiring -each monk to take a vow to remain forever in the same monastery, and by -making all the vows of a monk perpetually binding: "Once a monk always a -monk." - -An important change was made in monasticism in the west by introducing -the common life. In consequence of this all traces of the hermit life -disappeared. The monks slept in a common room and ate in a common -refectory. The monk spent all his time in the company of his fellow -monks. Privacy was entirely unknown to him. - -The rule of St. Benedict owes its popularity chiefly to the fact that -Gregory I (590-604) was a Benedictine monk and gave the rule his -support. St. Augustine, whom he sent as a missionary to England, was -also a Benedictine, and carried the rule with him. So it was quite -natural that it should have been the rule of all monasteries in England. -St. Boniface, an Englishman, considered it a part of his reform to -introduce the Benedictine rule into all the monasteries of Germany. Its -fame and success soon led to its adoption in all the monasteries of the -west. - -The rule is worthy of careful study because for several centuries it -governed the lives of thousands of monks who, by their piety, their -works of charity in caring for the sick and giving shelter to -travellers, their learning, their industry, their practice of -agriculture, architecture, and other industrial and fine arts, -influenced the lives of millions of laymen and advanced them in -civilization. The student should note: (1) The extensive acquaintance of -the monks with the Bible as shown in the large number of quotations from -it and the amount of it which must be read by them in their services; -(2) the character of an ideal abbot; (3) an ideal monk and the good -works and virtues which he was required to practise (cf. chaps. 4, 5, -and 6); (4) the administration of the monastery, which was characterized -by a judicious mixture of democratic and monarchical principles, and a -high degree of flexibility, so many things being left to the judgment of -the abbot; (5) the amount of time devoted to work, reading, and -meditation; and (6) the fact that the majority of monks were laymen and -not priests. - -The first edition of the rule was written probably about 530. But it -received some additions and changes were made in it by Benedict himself -before his death, which took place in 543, or soon after. The exact date -of his death is unknown. The rule was the basis for all the reforms in -monasticism for several centuries. The new orders which were founded for -the most part merely increased its ascetic features and made additions -which were calculated to keep the monks up to the high standard of -asceticism set for them. - -The great influence of the rule of St. Benedict seemed to justify us in -offering the whole of it. No other document presents so well as it the -ideals of the monkish life. The documents which follow it illustrate -some of the forms and ceremonies spoken of in the rule, the rise of the -military-monkish orders and their extensive privileges, the founding of -one of the great orders of friars, and the opposition to them on the -part of the parish or secular clergy. A few documents are also given -which throw a certain side-light on the history of the orders. - -Ch. 1. _The kinds of monks._--There are four kinds of monks. The first -kind is that of the cenobites [that is, those living in common], those -who live in a monastery according to a rule, and under the government of -an abbot. The second is that of the anchorites, or hermits, who have -learned how to conduct the war against the devil by their long service -in the monastery and their association with many brothers, and so, being -well trained, have separated themselves from the troop, in order to wage -single combat, being able with the aid of God to carry on the fight -alone against the sins of the flesh. The third kind (and a most -abominable kind it is) is that of the sarabites, who have not been -tested and proved by obedience to the rule and by the teaching of -experience, as gold is tried in the furnace, and so are soft and pliable -like a base metal; who in assuming the tonsure are false to God, because -they still serve the world in their lives. They do not congregate in the -Master's fold, but dwell apart without a shepherd, by twos and threes, -or even alone. Their law is their own desires, since they call that holy -which they like, and that unlawful which they do not like. The fourth -kind is composed of those who are called _gyrovagi_ (wanderers), who -spend their whole lives wandering about through different regions and -living three or four days at a time in the cells of different monks. -They are always wandering about and never remain long in one place, and -they are governed by their own appetites and desires. They are in every -way worse even than the sarabites. But it is better to pass over in -silence than to mention their manner of life. Let us, therefore, leaving -these aside, proceed, with the aid of God, to the consideration of the -cenobites, the highest type of monks. - -Ch. 2. _The qualities necessary for an abbot._--The abbot who is worthy -to rule over a monastery ought always to bear in mind by what name he is -called and to justify by his life his title of superior. For he -represents Christ in the monastery, receiving his name from the saying -of the apostle: "Ye have received the Spirit of adoption, whereby we -cry, Abba, Father" [Rom. 8:15]. Therefore the abbot should not teach or -command anything contrary to the precepts of the Lord, but his commands -and his teaching should be in accord with divine justice. He should -always bear in mind that both his teaching and the obedience of his -disciples will be inquired into on the dread day of judgment. For the -abbot should know that the shepherd will have to bear the blame if the -Master finds anything wrong with the flock. Only in case the shepherd -has displayed all diligence and care in correcting the fault of a -restive and disobedient flock will he be freed from blame at the -judgment of God, and be able to say to the Lord in the words of the -prophet: "I have not hid thy righteousness within my heart; I have -declared thy faithfulness and thy salvation" [Ps. 40:10]; but "they -despising have scorned me" [Ezek. 20:27]. Then shall the punishment fall -upon the flock who scorned his care and it shall be the punishment of -death. The abbot ought to follow two methods in governing his disciples: -teaching the commandments of the Lord to the apt disciples by his words, -and to the obdurate and the simple by his deeds. And when he teaches his -disciples that certain things are wrong, he should demonstrate it in his -own life by not doing those things, lest when he has preached to others -he himself should be a castaway [1 Cor. 9:27], and lest God should -sometime say to him, a sinner: "What hast thou to do to declare my -statutes, or that thou shouldest take my covenant in thy mouth? Seeing -that thou hatest instruction, and castest my words behind thee" [Ps. -50:16, 17], or "Why beholdest thou the mote that is in thy brother's -eye, but considerest not the beam that is in thine own eye?" [Matt. -7:3]. Let there be no respect of persons in the monastery. Let the abbot -not love one more than another, unless it be one who excels in good -works and in obedience. The freeman is not to be preferred to the one -who comes into the monastery out of servitude, unless there be some -other good reason. But if it seems right and fitting to the abbot, let -him show preference to anyone of any rank whatsoever; otherwise let them -keep their own places. For whether slave or free, we are all one in -Christ [Gal. 3:28] and bear the same yoke of servitude to the one Lord, -for there is no respect of persons with God [Rom. 2:11]. For we have -special favor in His sight only in so far as we excel others in all good -works and in humility. Therefore, the abbot should have the same love -toward all and should subject all to the same discipline according to -their respective merits. In his discipline the abbot should follow the -rule of the apostle who says: "Reprove, rebuke, exhort" [2 Tim. 4:2]. -That is, he should suit his methods to the occasion, using either -threats or compliments, showing himself either a hard master or a loving -father, according to the needs of the case. Thus he should reprove -harshly the obdurate and the disobedient, but the obedient, the meek, -and the gentle he should exhort to grow in grace. We advise also that he -rebuke and punish those who neglect and scorn his teaching. He should -not disregard the transgressions of sinners, but should strive to root -them out as soon as they appear, remembering the peril of Eli, the -priest of Siloam [1 Sam. chaps. 1-4]. Let him correct the more worthy -and intelligent with words for the first or second time, but the wicked -and hardened and scornful and disobedient he should punish with blows in -the very beginning of their fault, as it is written: "A fool is not -bettered by words" [cf. Prov. 17:10]; and again "Thou shalt beat him -with the rod, and shalt deliver his soul from hell" [Prov. 23:14]. - -The abbot should always remember his office and his title, and should -realize that as much is intrusted to him, so also much will be required -from him. Let him realize how difficult and arduous a task he has -undertaken, to rule the hearts and care for the morals of many persons, -who require, one encouragements, another threats, and another -persuasion. Let him so adapt his methods to the disposition and -intelligence of each one that he may not only preserve the flock -committed to him entire and free from harm, but may even rejoice in its -increase. - -Above all, the abbot should not be too zealous in the acquisition of -earthly, transitory, mortal goods, forgetting and neglecting the care of -the souls committed to his charge, but he should always remember that he -has undertaken the government of souls of whose welfare he must render -account. Let him not be troubled about the poverty of his monastery, -since it is written: "Seek ye first the kingdom of God, and his -righteousness; and all these things shall be added unto you" [Matt. -6:33]; and again, "For there is no want to them that fear him" [Ps. -34:9]. Let him know that those who undertake the care of souls must be -ready to render an account of them. So he must make a reckoning to God -on the day of judgment for all the souls according to the number of the -brothers under his charge, and of his own soul as well. Therefore, while -he keeps in mind the account which he must render of the sheep committed -to him, and guards the interests of others, he is also solicitous for -his own welfare; and while he administers correction to others by his -preaching, he also frees himself from sin. - -Ch. 3. _Taking counsel with the brethren._--Whenever important matters -come up in the monastery, the abbot should call together the whole -congregation [that is, all the monks], and tell them what is under -consideration. After hearing the advice of the brothers, he should -reflect upon it and then do what seems best to him. We advise the -calling of the whole congregation, because the Lord often reveals what -is best to one of the younger brothers. But let the brethren give their -advice with all humility, and not defend their opinions too boldly; -rather let them leave it to the decision of the abbot, and all obey him. -But while the disciples ought to obey the master, he on his part ought -to manage all things justly and wisely. Let everyone in the monastery -obey the rule in all things, and let no one depart from it to follow the -desires of his own heart. Let no one of the brethren presume to dispute -the authority of the abbot, either within or without the monastery; if -anyone does so, let him be subjected to the discipline prescribed in the -rule. But the abbot should do all things in the fear of the Lord, -knowing that he must surely render account to God, the righteous judge, -for all his decisions. If matters of minor importance are to be -considered, concerning the welfare of the monastery, let the abbot take -counsel with the older brethren, as it is written: "Do all things with -counsel, and after it is done thou wilt not repent" [Ecclesiasticus -32:24]. - -Ch. 4. _The instruments of good works._--First, to love the Lord God -with all the heart, and with all the soul, and with all the strength, -and then his neighbor as himself. Then not to kill, not to commit -adultery, not to steal, not to covet, not to bear false witness, to -honor all men, and not to do to another what he would not have another -do to him. To deny himself that he may follow Christ, to chasten the -body, to renounce luxuries, to love fasting. To feed the poor, to clothe -the naked, to visit the sick, to bury the dead, to offer help in -trouble, to comfort the sorrowing. To separate himself from the things -of the world, to prefer nothing above the love of Christ, not to give -way to anger, not to bear any grudge, not to harbor deceit in the heart, -not to give false peace, not to be wanting in charity. Not to swear, -lest he perjure himself; to speak the truth from the heart. Not to -return evil for evil. Not to injure others, but to suffer injuries -patiently. To love his enemies. Not to return curse for curse, but -rather to bless; to suffer persecution for righteousness' sake. Not to -be proud, nor drunken, nor a glutton, nor given to much sleeping, nor -slothful, nor complaining, nor slanderous. To put his hope in God; when -he sees anything good in himself to ascribe it to God, and when he does -any evil, to ascribe it to himself. To fear the day of judgment, to be -in terror of hell, to yearn with all spiritual longing for eternal life, -and to keep ever before his eyes the thought of approaching death. To -guard his acts in every hour of his life, to remember that God seeth him -in every place, to crush down with the aid of Christ the evil thoughts -arising in his heart and to confess them to his spiritual superior. To -keep his mouth from evil and vain talk, not to love much speaking, not -to speak vain and frivolous words, not to love much and loud laughter. -To listen gladly to holy reading, to pray frequently, to confess daily -in prayers to God his past sins with tears and groaning, and to keep -himself free from those sins afterward. Not to yield to the desire of -the flesh, to hate his own will, to obey the commands of the abbot in -all things, even if the abbot (which God forbid) should himself do -otherwise than he preaches, remembering the word of the Lord: "What they -say, do; but what they do, do ye not." Not to wish to be called holy -before he is so, but rather to strive to be holy that he may be truly so -called; to obey the commandments of God in his daily life, to love -chastity, to hate no one, not to be jealous or envious, not to be fond -of strife, to avoid pride, to reverence his elders and cherish those -younger than himself, to pray for his enemies through the love of -Christ, to agree with his adversary before the going down of the sun, -and never to despair of the mercy of God. - -Lo, these are the implements of the spiritual profession. If they have -been constantly employed by us night and day, and are reckoned up and -placed to our credit at the last judgment, we shall receive that reward -which the Lord himself has promised: "Eye hath not seen, nor ear heard, -neither have entered into the heart of man, the things which God hath -prepared for them that love him" [1 Cor. 2:9]. But these graces must be -exercised in the cloister of the monastery by strict adherence to the -vows and obedience to the rule. - -Ch. 5. _Obedience._--The first grade of humility is obedience without -delay, which is becoming to those who hold nothing dearer than Christ. -So, when one of the monks receives a command from a superior, he should -obey it immediately, as if it came from God himself, being impelled -thereto by the holy service he has professed and by the fear of hell and -the desire of eternal life. Of such the Lord says: "As soon as he heard -of me, he obeyed me" [Ps. 17:44]; and again to the apostles, "He that -heareth you, heareth me" [Luke 10:16]. Such disciples, when they are -commanded, immediately abandon their own business and their own plans, -leaving undone what they were at work upon. With ready hands and willing -feet they hasten to obey the commands of their superior, their act -following on the heels of his command, and both the order and the -fulfilment occurring, as it were, in the same moment of time--such -promptness does the fear of the Lord inspire. - -Good disciples who are inspired by the desire for eternal life gladly -take up that narrow way of which the Lord said: "Narrow is the way which -leadeth unto life" [Matt. 7:14]. They have no wish to control their own -lives or to obey their own will and desires, but prefer to be ruled by -an abbot, and to live in a monastery, accepting the guidance and control -of another. Surely such disciples follow the example of the Lord who -said: "I came not to do mine own will, but the will of him that sent me" -[John 6:38]. But this obedience will be acceptable to God and pleasing -to men only if it be not given fearfully, or half-heartedly, or slowly, -or with grumbling and protests. For the obedience which is given to a -superior is given to God, as he himself has said: "Who heareth you, -heareth me" [Luke 10:16]. Disciples ought to obey with glad hearts, "for -the Lord loveth a cheerful giver" [2 Cor. 9:7]. If the disciple obeys -grudgingly and complains even within his own heart, his obedience will -not be accepted by God, who sees his unwilling heart; he will gain no -favor for works done in that spirit, but, unless he does penance and -mends his ways, he will rather receive the punishment of those that -murmur against the Lord's commands. - -Ch. 6. _Silence._--Let us do as the prophet says: "I said, I will take -heed to my ways that I sin not with my tongue; I will keep my tongue -with a bridle. I was dumb with silence, I held my peace even from good" -[Ps. 39:1, 2]. This is the meaning of the prophet: if it is right to -keep silence even from good, how much more ought we to refrain from -speaking evil, because of the punishment for sin. Therefore, although it -may be permitted to the tried disciples to indulge in holy and edifying -discourse, even this should be done rarely, as it is written: "In a -multitude of words there wanteth not sin" [Prov. 10:19], and again: -"Death and life are in the power of the tongue" [Prov. 18:21]. For it is -the business of the master to speak and instruct, and that of the -disciples to hearken and be silent. And if the disciple must ask -anything of his superior, let him ask it reverently and humbly, lest he -seem to speak more than is becoming. Filthy and foolish talking and -jesting we condemn utterly, and forbid the disciple ever to open his -mouth to utter such words. - -Ch. 7. _Humility._--Brethren, the holy Scripture saith: "And whosoever -shall exalt himself shall be abased; and he that shall humble himself -shall be exalted" [Matt. 23:12]. Here we are shown that all exaltation -is of a piece with pride, which the prophet tells us he avoids, saying: -"Lord, my heart is not haughty nor mine eyes lofty, neither do I -exercise myself in great matters, or in things too high for me. Surely I -have behaved and quieted myself, as a child that is weaned of its -mother; my soul is as a weaned child" [Ps. 131:1,2]. Therefore, -brethren, if we wish to attain to the highest measure of humility and to -that exaltation in heaven which is only to be gained by lowliness on -earth, we must raise to heaven by our deeds such a ladder as appeared to -Jacob in his dream, whereon he saw angels ascending and descending. For -the meaning of that figure is that we ascend by humility of heart and -descend by haughtiness. And the ladder is our life here below which God -raises to heaven for the lowly of heart. Our body and soul are the two -sides of the ladder, in which by deeds consistent with our holy calling -we insert steps whereby we may ascend to heaven. - -Now the first step of humility is this, to escape destruction by keeping -ever before one's eyes the fear of the Lord, to remember always the -commands of the Lord, for they who scorn him are in danger of hell-fire, -and to think of the eternal life that is prepared for them that fear -him. So a man should keep himself in every hour from the sins of the -heart, of the tongue, of the eyes, of the hands, and of the feet. He -should cast aside his own will and the desires of the flesh; he should -think that God is looking down on him from heaven all the time, and that -his acts are seen by God and reported to him hourly by his angels. For -the prophet shows that the Lord is ever present in the midst of our -thoughts, when he says: "God trieth the hearts and the reins" [Ps. 7:9], -and again, "The Lord knoweth the thoughts of men" [Ps. 94:11], and again -he says: "Thou hast known my thoughts from afar" [Ps. 139:2], and "The -thoughts of a man are known to thee" [Ps. 76:11]. So a zealous brother -will strive to keep himself from perverse thoughts by saying to himself: -"Then only shall I be guiltless in his sight, if I have kept me from -mine iniquity" [Ps. 18:23]. And the holy Scriptures teach us in divers -places that we should not do our own will; as where it says: "Turn from -thine own will" [Ecclesiasticus 18:30]; and where we ask in the Lord's -Prayer that his will be done in us; and where it warns us: "There is a -way that seemeth right unto a man, but the end thereof are the ways of -death" [Prov. 14:12]; and again, concerning the disobedient: "They are -corrupt and abominable in their desires" [Ps. 14:1]. And we should -always remember that God is aware of our fleshly desires; as the prophet -says, speaking to the Lord: "All my desire is before thee" [Ps. 38:9]. -Therefore, we should shun evil desires, for death lieth in the way of -the lusts; as the Scripture shows, saying: "Go not after thy lusts" -[Ecclesiasticus 18:30]. Therefore since the eyes of the Lord are upon -the good and the wicked, and since "the Lord looked down from heaven -upon the children of men to see if there were any that did understand -and seek God" [Ps. 14:2], and since our deeds are daily reported to him -by the angels whom he assigns to each one of us; then, surely, brethren, -we should be on our guard every hour, lest at any time, as the prophet -says in the Psalms, the Lord should look down upon us as we are falling -into sin, and should spare us for a space, because he is merciful and -desires our conversion, but should say at the last: "These things hast -thou done and I kept silence" [Ps. 50:21]. - -The second step of humility is this, that a man should not delight in -doing his own will and desires, but should imitate the Lord who said: "I -came not to do mine own will, but the will of him that sent me" [John -6:38]. And again the Scripture saith: "Lust hath its punishment, but -hardship winneth a crown." - -The third step of humility is this, that a man be subject to his -superior in all obedience for the love of God, imitating the Lord, of -whom the apostle says: "He became obedient unto death" [Phil. 2:8]. - -The fourth step of humility is this, that a man endure all the hard and -unpleasant things and even undeserved injuries that come in the course -of his service, without wearying or withdrawing his neck from the yoke, -for the Scripture saith: "He that endureth to the end shall be saved" -[Matt. 10:22], and again: "Comfort thy heart and endure the Lord" [Ps. -27:14]. And yet again the Scripture, showing that the faithful should -endure all unpleasant things for the Lord, saith, speaking in the person -of those that suffer: "Yea, for thy sake are we killed all the day long; -we are counted as sheep for the slaughter" [Ps. 44:22]; and again, -rejoicing in the sure hope of divine reward: "In all things we are more -than conquerors through him that loved us" [Rom. 8:37]; and again in -another place: "For thou, O God, hast proved us; thou hast tried us as -silver is tried; thou broughtest us into the net, thou laidst affliction -upon our loins" [Ps. 66:10 f]; and again to show that we should be -subject to a superior: "Thou hast placed men over our heads" [Ps. -66:12]. Moreover, the Lord bids us suffer injuries patiently, saying: -"Whosoever shall smite thee on the right cheek, turn to him the other -also. And if any man will sue thee at the law, and take away thy coat, -let him have thy cloak also. And whosoever shall compel thee to go a -mile, go with him twain" [Matt. 5:39-41]. And with the apostle Paul we -should suffer with false brethren, and endure persecution, and bless -them that curse us. - -The fifth step of humility is this, that a man should not hide the evil -thoughts that arise in his heart or the sins which he has committed in -secret, but should humbly confess them to his abbot; as the Scripture -exhorteth us, saying: "Commit thy way unto the Lord, trust also in him" -[Ps. 37:5]; and again: "O, give thanks unto the Lord, for he is good; -for his mercy endureth forever" [Ps. 106:1]; and yet again the prophet -saith: "I have acknowledged my sin unto thee, and mine iniquity have I -not hid. I said, I will confess my transgressions unto the Lord; and -thou forgavest the iniquity of my sin" [Ps. 32:5]. - -The sixth step of humility is this, that the monk should be contented -with any lowly or hard condition in which he may be placed, and should -always look upon himself as an unworthy laborer, not fitted to do what -is intrusted to him; saying to himself in the words of the prophet: "I -was reduced to nothing and was ignorant; I was as a beast before thee -and I am always with thee" [Ps. 73:22 f]. - -The seventh step of humility is this, that he should not only say, but -should really believe in his heart that he is the lowest and most -worthless of all men, humbling himself and saying with the prophet: "I -am a worm and no man; a reproach of men, and despised of all people" -[Ps. 22:6]; and "I that was exhalted am humbled and confounded" [Ps. -88:15]; and again: "It is good for me that I have been afflicted, that I -might learn thy statutes" [Ps. 119:71]. - -The eighth step of humility is this, that the monk should follow in -everything the common rule of the monastery and the examples of his -superiors. - -The ninth step of humility is this, that the monk should restrain his -tongue from speaking, and should keep silent even from questioning, as -the Scripture saith: "In a multitude of words there wanteth not sin" -[Prov. 10:19], and "Let not an evil speaker be established in the earth" -[Ps. 140:11]. - -The tenth step of humility is this, that the monk should be not easily -provoked to laughter, as it is written: "The fool raiseth his voice in -laughter" [Ecclesiasticus 21:23]. - -The eleventh step of humility is this, that the monk, when he speaks, -should do so slowly and without laughter, softly and gravely, using few -words and reasonable, and that he should not be loud of voice; as it is -written: "A wise man is known for his few words." - -The twelfth step of humility is this, that the monk should always be -humble and lowly, not only in his heart, but in his bearing as well. -Wherever he may be, in divine service, in the oratory, in the garden, on -the road, in the fields, whether sitting, walking, or standing, he -should always keep his head bowed and his eyes upon the ground. He -should always be meditating upon his sins and thinking of the dread day -of judgment, saying to himself as did that publican of whom the gospel -speaks: "Lord, I am not worthy, I a sinner, so much as to lift mine eyes -up to heaven" [Luke 18:13]; and again with the prophet: "I am bowed down -and humbled everywhere" [Ps. 119:107]. - -Now when the monk has ascended all these steps of humility, he will -arrive at that perfect love of God which casteth out all fear [1 John -4:18]. By that love all those commandments which he could not formerly -observe without grievous effort and struggle, he will now obey naturally -and easily, as if by habit; not in the fear of hell, but in the love of -Christ and by his very delight in virtue. And thus the Lord will show -the working of his holy Spirit in this his servant, freed from vices and -sins. - -Ch. 8. _Divine worship at night_ [vigils].--During the winter; that is, -from the first of November to Easter, the monks should rise at the -eighth hour of the night; a reasonable arrangement, since by that time -the monks will have rested a little more than half the night and will -have digested their food. Those brothers who failed in the psalms or the -readings shall spend the rest of the time after vigils (before the -beginning of matins) in pious meditation. From Easter to the first of -November matins shall begin immediately after daybreak, allowing the -brothers a little time for attending to the necessities of nature. - -Ch. 9. _The psalms to be said at night._{113}--During the winter time, -the order of service shall be as follows: first shall be recited the -verse ["Make haste, O God, to deliver me; make haste to help me, O God," -Ps. 70:1]; then this verse three times: "O Lord, open thou my lips and -my mouth shall show forth thy praise" [Ps. 51:15]; then the third psalm -and the Gloria, the 94th Psalm responsively or in unison, a hymn, and -six psalms responsively. After this the abbot shall give the benediction -with the aforesaid verse, and the brothers shall sit down. Three lessons -from the gospels with three responses shall then be read from the -lecturn by the brothers in turn. The first two responses shall be sung -without the Gloria, but in the third response which follows the last -reading the cantor shall sing the Gloria, the monks rising from their -seats at the beginning of it to show honor and reverence to the holy -Trinity. Passages are to be read from the Old and New Testaments in the -vigils, and also the expositions of these passages left by the accepted -orthodox Catholic fathers. After the three readings and the responses, -six psalms with the Halleluia shall follow, then a reading from the -epistles recited from memory, and the usual verses, the vigils -concluding with the supplication of the litany, "Kyrie eleison." - - -{113} The numbering of the psalms in the authorized version differs from -their numbering in the Vulgate. We have followed the numberings of the -latter in those passages of the Rule in which the psalms for the -services are given. But in quotations from the psalms we have followed -the translation as well as the numbering of the authorized version, -except occasionally when the translation in the authorized version does -not give the sense required by the context of the Rule. In these cases -we have translated the Latin of the Vulgate. The following table gives -the corresponding numbers in each version: - - Authorized Version. Vulgate. - 1- 10 1- 10 - 11-113 10-112 - 114-115 113 - 116 114-115 - 117-146 116-145 - 147 146-147 - 148-150 148-150 - -In the Vulgate there are two psalms having the same number 10. - -Ch. 10. _The order of vigils in summer._--From Easter to the first of -November the above order of worship shall be observed, except that the -reading shall be shortened because of the shorter nights; that is, in -place of the three lessons, one lesson from the Old Testament shall be -recited from memory, with the short response. The rest of the service -shall be observed as described above, so that the number of psalms read -shall never be less than twelve, not counting the 3d and the 94th. - -Ch. 11. _The order of vigils on Sunday._--On Sunday the brothers shall -rise earlier than on other days. The order of service in the vigils of -Sunday shall be as follows: first, six psalms and the verse are to be -said as described above; then the brothers, sitting down, shall read in -order from their seats four lessons from the gospels, with responses, -and in the fourth response the cantor shall sing the Gloria, at the -beginning of which all shall rise to show reverence. After the lessons -six other psalms shall be said responsively and the verse; then four -more lessons shall be read with the responses as before; then three -canticles chosen from the prophets by the abbot shall be sung with the -Halleluia; then after the verse and the benediction of the abbot, four -other lessons shall be read from the New Testament in the same order as -above, and after the fourth response the abbot shall begin the hymn "We -praise thee, O Lord" (Te Deum laudamus), following it with a lesson from -the Gospel, during which all rise to show reverence and honor to God. -After the reading all shall respond "Amen," and the abbot shall begin -the hymn: "It is a good thing to praise the Lord"; then the abbot shall -give the benediction, and the matins shall be begun. This order of -service is to be observed on all Sundays, winter and summer, unless it -should happen, which God forbid, that the brethren are late in rising, -in which case the readings and responses may be shortened. But care -should be taken that this does not happen, and if it does, he whose -negligence caused the delay should make satisfaction to God for his -fault by doing penance in the oratory. - -Ch. 12. _The order of matins on Sunday._--In the matins on the Lord's -day the order of service shall be as follows: first, the 66th Psalm in -unison, then the 50th Psalm with the Halleluia, then the 117th and the -62d Psalms, the _Benedictiones_ [that is, Dan. 3:52-90], and the -_Laudes_ [that is, Pss. 148, 149, 150], a lesson from Revelation recited -from memory, a response, a hymn, the usual verse, and a song from the -Gospel, concluding with the litany, and the benediction. - -Ch. 13. _The order of matins on week days._--On week days the order of -service in the matins shall be as follows: first, the 66th Psalm recited -somewhat slowly as on Sunday, in order that all may be in their places -in time to join in the 50th Psalm, which is to be recited responsively; -then two psalms for the day according to this schedule: on Monday, the -5th and the 35th; on Tuesday, the 42d and the 56th; on Wednesday, the -63d and the 64th; on Thursday, the 87th and the 89th; on Friday the 75th -and the 91st; and on Saturday, the 142d and the song from Deuteronomy -[33:1-43], the last being divided by two Glorias. On other days, the -songs from the prophets are to be sung, each on its proper day, -according to the custom of the Roman church. Then shall follow the -lauds, a lesson from the epistles recited from memory, the response, a -hymn, the verse, and a song from the Gospel, concluding with the litany -and the benediction. At the close of matins and vespers every day, the -superior shall recite the Lord's prayer in the hearing of all, because -of the quarrels which are apt to occur among the monks; so that the -brethren, in their hearts uniting in the petition, "Forgive us our -trespasses as we forgive those that trespass against us," may cleanse -their hearts from sins of this sort. In other services, the last part of -the prayer, "Deliver us from evil," shall be said responsively by all. - -Ch. 14. _The order of vigils on Saints' days._--On Saints' days and on -all feast days, the order of service shall be the same as that for -Sunday as described above, except that the psalms and responses and -readings belonging to the particular day shall be used. - -Ch. 15. _The occasions on which the Halleluia shall be said._--From -Easter to Pentecost the Halleluia shall be said with the psalms and -responses. From Pentecost to the beginning of Lent in the vigils of the -night the Halleluia shall be said only with the last six psalms; on -Sundays, except in Lent, the Halleluia shall be said also with the songs -at matins, prime, terce, sext, and nones, but at vespers the songs shall -be said responsively. The responses shall not be said with the Halleluia -except during the season from Easter to Pentecost. - -Ch. 16. _The order of divine worship during the day._--The prophet says: -"Seven times a day do I praise thee" [Ps. 119:164]; and we observe this -sacred number in the seven services of the day; that is, matins, prime, -terce, sext, nones, vespers, and completorium; for the hours of the -daytime are plainly intended here, since the same prophet provides for -the nocturnal vigils, when he says in another place: "At midnight I will -rise to give thanks unto thee" [Ps. 119:62]. We should therefore praise -the Creator for his righteous judgments at the aforesaid times: matins, -prime, terce, sext, nones, vespers, and completorium; and at night we -should rise to give thanks unto Him.{114} - - -{114} There were eight services to be held every day. The night service -was called vigils and was held some time between midnight and early -dawn, perhaps as early as 2 A.M. in summer, and as late as 4 or 5 in -winter. The first service of the day was called matins. It followed -vigils after a short interval. It was supposed to begin about daybreak, -which is also an indefinite expression and not a clearly fixed moment. -The service of prime began with the first period of the day, terce with -the third, sext with the sixth, and nones with the ninth. Vespers, as -its name indicates, began toward evening. Completorium, or compline, was -the last service of the day and took place just before the monks went to -bed. - -These designations of time are necessarily very inaccurate and -indefinite. Beginning with sunrise the day was divided into twelve equal -periods which were numbered from one to twelve. Beginning with sunset -the night was divided in the same way. The day periods would, of course, -be much longer in summer than in winter. As their methods of measuring -time were primitive and inaccurate we must not suppose that the services -took place exactly and regularly at the same hour every day. - -Ch. 17. _The number of psalms to be said at these times._--We have -already described the order of psalms for the nocturnal vigils and for -matins; let us now turn to the other services. At prime, three psalms -shall be said separately, that is, each with a Gloria, the verse, "Make -haste, O God, to deliver me," and the hymn for the hour being said -before the psalms; then one lesson from the Epistles shall be read, then -the verse, the "Kyrie eleison," and the benediction. At terce, sext, and -nones the same order shall be observed: first the prayer (that is, the -verse, "Make haste, O God," etc.), the hymn for the hour, the three -psalms, the lesson, the verse, the "Kyrie eleison," and the benediction. -If the congregation is large, the psalms shall be said responsively; if -small, they shall be said in unison. At vespers four psalms shall be -said responsively, then shall follow the lesson, the response, the hymn -for the hour, the Ambrosian hymn, the verse, the song from the Gospel, -the Litany, the Lord's prayer, and the benediction. At completorium, -three psalms shall be said in unison, then the hymn for the hour, the -lesson, the verse, the "Kyrie eleison," the benediction, and the -dismissal. - -Ch. 18. _The order in which these psalms shall be said._--All the -services of the daytime shall begin with the verse "Make haste, O God, -to deliver me; make haste to help me, O God," followed by the Gloria and -the hymn for the hour. The order in which the psalms are to be read in -these services is as follows: at prime on Sunday, four sections of the -118th Psalm, and at the other services on Sunday, terce, sext, nones, -three sections each of the same psalm; at prime on Monday, three psalms, -the 1st, 2d, and 6th; so on through the week to Sunday again, three -psalms being said at each prime in the order of arrangement to the 19th, -the 9th and the 17th being divided into two readings. In this way vigils -on Sunday will always begin with the 20th psalm. At terce, sext, and -nones on Monday, the nine sections of the 118th psalm which remain shall -be said three at each service, thus reading the whole 118th Psalm on the -two days, Sunday and Monday. On Tuesday the nine psalms from the 119th -to the 127th shall be read three at each of the services of terce, sext, -and nones. This order of psalms, and the regular order of hymns, -lessons, and verses is to be observed throughout the week, and on Sunday -the reading shall begin again with the 118th psalm. At vespers four -psalms are to be read daily, from the 109th to the 147th, leaving out -those that are prescribed for the other services (from the 117th to the -127th, the 133d, and the 142d). As this does not make the required -number of psalms, three for each day, the longer ones shall be divided, -namely, the 138th, the 143d, and the 144th; and the 116th, being very -short, shall be read with the 115th. The rest of the service of vespers, -the lesson, the response, the hymn, the verse, and the song, shall be -observed as already described. At completorium, the same psalms shall be -read each day, namely, the 4th, the 90th, and the 133d. All the rest of -the psalms, not thus arranged for, shall be divided equally among the -seven nocturnal vigils, the longer ones being divided, making twelve -readings for each night. If this particular order of the psalms is not -satisfactory, it may be changed; but in any case, the whole psalter with -its full number of 150 psalms should be completed every week, and should -be begun again from the first at the vigils on Sunday. Monks who read -less than the whole psalter with the customary songs during the course -of the week are assuredly lax in their devotion, since we are told that -the holy fathers were accustomed in their zeal to read in a single day -what we in our indolence can scarcely accomplish in a whole week. - -Ch. 19. _The behavior of the monks in the services._--We know of course -that the divine presence is everywhere, and that "the eyes of the Lord -look down everywhere upon the good and the evil," but we should realize -this in its fulness, especially when we take part in divine worship. -Remember the words of the prophet: "Serve the Lord in all fear" [Ps. -2:11], and again "Sing wisely" [Ps. 47:7], and yet again, "In the sight -of the angels I will sing unto thee" [Ps. 138:1]. Let us then consider -how we should behave in the sight of God and his angels, and let us so -comport ourselves in the service of praise that our hearts may be in -harmony with our voices. - -Ch. 20. _The reverence to be shown in prayer._--When we have any request -to make of powerful persons, we proffer it humbly and reverently; with -how much greater humility and devotion, then, should we offer our -supplications unto God, the Lord of all. We should realize, too, that we -are not heard for our much speaking, but for the purity and the -contrition of our hearts. So when we pray, our prayer should be simple -and brief, unless we are moved to speak by the inspiration of the -spirit. The prayer offered before the congregation also should be brief, -and all the brothers should rise at the signal of the superior. - -Ch. 21. _The deans of the monastery._--In large congregations certain -ones from among the brothers of good standing and holy lives should be -chosen to act as deans and should be set to rule over certain parts -under the direction of the abbot. Only persons to whom the abbot may -safely intrust a share of his burdens should be selected for this office -and they should be chosen not according to rank, but according to their -merits and wisdom. But if any one of the deans shall be found in fault, -being perhaps puffed up by his position, he should be reprimanded for -his fault the second or third time, and then if he does not mend his -ways he should be deposed and his place given to a worthier brother. The -same treatment should be accorded the _præpositi_. - -Ch. 22. _How the monks should sleep._--The monks shall sleep separately -in individual beds, and the abbot shall assign them their beds according -to their conduct. If possible all the monks shall sleep in the same -dormitory, but if their number is too large to admit of this, they are -to be divided into tens or twenties and placed under the control of some -of the older monks. A candle shall be kept burning in the dormitory all -night until daybreak. The monks shall go to bed clothed and girt with -girdles and cords, but shall not have their knives at their sides, lest -in their dreams they injure one of the sleepers. They should be always -in readiness, rising immediately upon the signal and hastening to the -service, but appearing there gravely and modestly. The beds of the -younger brothers should not be placed together, but should be scattered -among those of the older monks. When the brothers arise they should -gently exhort one another to hasten to the service, so that the sleepy -ones may have no excuse for coming late. - -Ch. 23. _The excommunication for lighter sins._--If any brother shows -himself stubborn, disobedient, proud, or complaining, or refuses to obey -the rule or to hearken to his elders, let him be admonished in private -once or twice by his elders, as God commands. If he does not mend his -ways let him be reprimanded publicly before all. But, if, knowing the -penalty to which he is liable, he still refuses to conform, let him be -excommunicated [that is, cut off from the society of the other monks], -and if he remains incorrigible let him suffer bodily punishment. - -Ch. 24. _The forms of excommunication._--The nature of the -excommunication and discipline should be suited to the extent of the -guilt, which is to be determined by the abbot. If the brother is guilty -of one of the lighter sins, let him be deprived of participation in the -common meal. The one who has been thus deprived shall not lead in the -psalms and responses in the oratory or read the lessons; he shall eat -alone after the common meal; so that, for example, if the brothers eat -at the sixth hour, he shall eat at the ninth, and if the brothers eat at -the ninth hour, he shall eat at vespers. This shall be continued until -he has made suitable satisfaction for his fault. - -Ch. 25. _The excommunication for the graver sins._--For graver sins the -brother shall be deprived of participation both in the common meal and -in the divine services. No brother shall speak to him or have anything -to do with him, but he shall labor alone at the work assigned to him as -a penance, meditating on the meaning of that saying of the apostle: "To -deliver such an one unto Satan for the destruction of the flesh, that -the spirit may be saved in the day of the Lord Jesus Christ" [1 Cor. -5:5]. And he shall eat alone, receiving his food in such measure and at -such time as the abbot shall determine. No one meeting him shall bless -him, and the food which is given him shall be unblessed. - -Ch. 26. _Those who consort with the excommunicated without the order of -the abbot._--If any brother shall presume to speak to one who has been -excommunicated, or shall give a command to him, or have anything -whatever to do with him, except by the order of the abbot, he shall be -placed under the same sort of excommunication. - -Ch. 27. _The abbot should be zealous for the correction of those who -have been excommunicated._--The abbot should exercise the greatest care -over erring brothers; as it is written: "They that be whole need not a -physician, but they that are sick" [Matt. 9:12]. So the abbot should use -all the means that a wise physician uses: he should send secret -comforters, wiser and older brothers, who will comfort the erring one, -and urge him humbly to make amends, as the apostle says: "Comfort him, -lest perhaps such a one should be swallowed up with too much sorrow" [2 -Cor. 2:7], and again "Charity shall be confirmed in him" [2 Cor. 2:8]. -Let him also be prayed for by all. It should be the greatest care of the -abbot that not one of his flock should perish, using to this end all his -wisdom and ability, for he is set to care for sick souls, not to rule -harshly over well ones. Let him be warned in this matter by the words of -God spoken to the evil shepherds of Israel through the prophet: "Ye did -take that which ye saw to be strong, and that which was weak ye did cast -out" [cf. Ezek. 34:3 f]. Let him rather follow the example of the good -shepherd, who, leaving his ninety and nine, went out into the mountains -and sought the one sheep which had gone astray; who, when he found it, -had compassion on its weakness, and laid it on his own sacred shoulders -and brought it back to the flock. - -Ch. 28. _Those who do not mend their ways after frequent -correction._--If any brother has been frequently corrected and -excommunicated, and still does not mend his ways, let the punishment be -increased to the laying on of blows. But if he will not be corrected or -if he attempts to defend his acts, then the abbot shall proceed to -extreme measures as a wise physician will do; that is, when the -poultices and ointments, as it were, of prayer, the medicines of -Scripture, and the violent remedies of excommunication and blows have -all failed, he has recourse to the last means, prayer to God, the -all-powerful, that He should work the salvation of the erring brother. -But if he still cannot be cured, then the abbot shall proceed to the use -of the knife, cutting out that evil member from the congregation; as the -apostle says: "Put away from among yourselves that wicked person" [1 -Cor. 5:13]; "If the unbelieving depart, let him depart" [1 Cor. 7:15]; -that the whole flock be not contaminated by one diseased sheep. - -Ch. 29. _Shall brothers who have left the monastery be received -back?_--If a brother has left the monastery or has been cast out for his -own fault, and shall wish to be taken back, he shall first of all -promise complete reformation of that fault, and then shall be received -into the lowest grade in the monastery to prove the sincerity of his -humility. If he again departs, he shall be received back the third time, -knowing, however, that after that he shall never again be taken back. - -Ch. 30. _The manner of correction for the young._--The forms of -punishment should be adapted to every age and to every order of -intelligence. So if children or youths, or those who are unable to -appreciate the meaning of excommunication, are found guilty, they should -be given heavy fasts and sharp blows for their correction. - -Ch. 31. _The cellarer._--The cellarer of the monastery, chosen from -among the congregation, should be wise, sedate, and sober; he should not -be gluttonous, proud, quarrelsome, spiteful, indolent, nor wasteful; he -should fear God, since he acts in a way as the father of the monastery. -He should be careful of everything, doing nothing except by the order of -the abbot, and observing all the commands laid upon him. He should not -rebuke the brothers roughly; if any brother is unreasonable in his -demands, he should yet treat him reasonably, mildly refusing his request -as being improper. He should make his service minister to his own -salvation, remembering the words of the apostle: "They that have used -the office well, purchase to themselves a good degree" [1 Tim. 3:13]. He -should have special care for the sick, for children, for guests, and for -the poor, seeing that he will certainly have to give a reckoning of his -treatment of all these on the day of judgment. He should look after all -the utensils of the monastery as carefully as if they were the sacred -vessels of the altar, and he should be careful of the substance of the -monastery, wasting nothing. He should be neither avaricious nor -prodigal, conducting his office in moderation under the commands of the -abbot. Above all he should conduct himself humbly; if he is not able to -furnish what is asked for, he should at least return a pleasant answer, -as it is written: "A good word is above the best gift" [Ecclesiasticus -18:16]. He should take charge of everything intrusted to him by the -abbot, and should not interfere in what is prohibited to him. He should -see to it that the brothers always have the regular amount of food, and -he should serve it without haughtiness or unnecessary delay, remembering -the punishment which the Scripture says is meted out to those who offend -one of these little ones. In large congregations, the cellarer should -have assistants, with whose aid he may be able to fulfil the duties -committed to him without unnecessary worry. He should, moreover, so -arrange the work in his department that the distribution of food and the -other details may come at convenient hours, and may not disturb or -inconvenience anyone. - -Ch. 32. _The utensils and other property of the monastery._--The -possessions of the monastery in the way of utensils, clothes, and other -things should be intrusted by the abbot to the charge of certain -brothers whom he can safely trust, and the various duties of caring for -or collecting these things should be divided among them. The abbot -should keep a list of these things, so that he may know what is given -out or taken back when the offices change hands. If any one of these -brothers is careless or wasteful of the goods of the monastery which are -intrusted to him, he should be reproved and if he does not reform he -should be subjected to discipline according to the rule. - -Ch. 33. _Monks should not have personal property._--The sin of owning -private property should be entirely eradicated from the monastery. No -one shall presume to give or receive anything except by the order of the -abbot; no one shall possess anything of his own, books, paper, pens, or -anything else; for monks are not to own even their own bodies and wills -to be used at their own desire, but are to look to the father [abbot] of -the monastery for everything. So they shall have nothing that has not -been given or allowed to them by the abbot; all things are to be had in -common according to the command of the Scriptures, and no one shall -consider anything as his own property. If anyone has been found guilty -of this most grievous sin, he shall be admonished for the first and -second offence, and then if he does not mend his ways he shall be -punished. - -Ch. 34. _All the brothers are to be treated equally._--It is written: -"Distribution was made unto every man as he had need" [Acts 4:35]. This -does not mean that there should be respect of persons, but rather -consideration for infirmities. The one who has less need should give -thanks to God and not be envious; the one who has greater need should be -humbled because of his infirmity, and not puffed up by the greater -consideration shown him. Thus all the members of the congregation shall -dwell together in peace. Above all let there be no complaint about -anything, either in word or manner, and if anyone is guilty of this let -him be strictly disciplined. - -Ch. 35. _The weekly service in the kitchen._--The brothers shall serve -in their turn in the kitchen, no one being excused, except for illness -or because occupied in work of greater importance; thus all shall learn -charity and acquire the greater reward which is the recompense for -service. Assistants shall be allowed to the weak, that they be not too -greatly burdened in the service, and shall also be provided for all, if -the size of the congregation or the conditions of the place make it -necessary. In large congregations, the cellarer shall be excused from -service in the kitchen, as also those who, as we have already indicated, -are engaged in more important labors; but all the others shall serve in -their turn. The one who goes out of office at the end of the week, -should do all the cleaning on Saturday, and should wash the towels on -which the monks dry their hands and their feet, and both he and the one -who succeeds him shall wash the feet of all the brothers. The one who is -leaving shall turn over the utensils of the service properly cleaned to -the cellarer, who shall then consign them to the one who succeeds, -keeping account of what he gives out and what he receives back. Those -who are engaged in this service shall be allowed a piece of bread and a -cup of wine an hour before the time of the common meal, so that they may -serve the brethren during the meal without inconvenience or cause for -complaint; but on holy days they shall fast until after the mass. On -Sunday, immediately after matins, the outgoing and the incoming cooks -shall kneel in the oratory and ask for the prayers of all the brothers. -The one who has finished his service for the week shall say this verse -three times: "Blessed art thou, O Lord God, who hast aided and consoled -me," and then shall receive the benediction; the one who is entering on -the service shall say: "Make haste, O God, to deliver me; make haste to -help me, O God": this shall be repeated three times by all, and then he -shall receive the benediction and enter upon his duties. - -Ch. 36. _The care for brothers who are ill._--Above all, care should be -taken of the sick, as if they were Christ himself, as he has said: "I -was sick, and ye visited me" [Matt. 25:36]; and again, "Inasmuch as ye -have done it unto one of the least of these my brethren, ye have done it -unto me" [Matt. 25:40]. But the sick should consider that the service -performed for them is done to the honor of God, and should not make it a -burden for the brothers who attend them. Those who labor in this -service, on their part, should endure it patiently, because it redounds -to their greater reward. The abbot should make it his especial care that -no one suffers neglect. A special room shall be assigned to the sick, -and they shall be given pious, diligent, and careful attendants. The -sick should also be allowed the use of baths as often as seems -expedient, a thing which is to be accorded to the young and strong more -rarely. Those who are sick or weak are, moreover, to be permitted to eat -meat to strengthen them, but when they have recovered they shall abstain -from it in the usual manner as the others. The abbot should see to it -also that the sick are not neglected by the cellarer or the other -servants, for their negligence will be placed to his account, if he is -not diligent in correcting them. - -Ch. 37. _The aged and children._--Special regard and consideration is -due to human nature in the extremes of life, old age and childhood, and -yet this must be regulated by the rule. Their weakness shall always be -taken into consideration, and the strict requirements of the rule in -regard to food may be relaxed for them, so that they may anticipate the -regular hours of eating. - -Ch. 38. _The weekly reader._--There should always be reading during the -common meal, but it shall not be left to chance, so that anyone may take -up the book and read. On Sunday one of the brothers shall be appointed -to read during the following week. He shall enter on his office after -the mass and communion, and shall ask for the prayers of all, that God -may keep him from the spirit of pride; then he shall say this verse -three times, all the brethren uniting with him: "O Lord, open thou my -lips, and my mouth shall show forth thy praise;" then after receiving -the benediction he enters upon his office. At the common meal, the -strictest silence shall be kept, that no whispering or speaking may be -heard except the voice of the reader. The brethren shall mutually wait -upon one another by passing the articles of food and drink, so that no -one shall have to ask for anything; but if this is necessary, it shall -be done by a sign rather than by words, if possible. In order to avoid -too much talking no one shall interrupt the reader with a question about -the reading or in any other way, unless perchance the prior may wish to -say something in the way of explanation. The brother who is appointed to -read shall be given the bread and wine before he begins, on account of -the holy communion which he has received, and lest so long a fast should -be injurious; he shall have his regular meal later with the cooks and -other weekly servants. The brothers shall not be chosen to read or chant -by order of rotation, but according to their ability to edify their -hearers. - -Ch. 39. _The amount of food._--Two cooked dishes, served either at the -sixth or the ninth hour, should be sufficient for the daily sustenance. -We allow two because of differences in taste, so that those who do not -eat one may satisfy their hunger with the other, but two shall suffice -for all the brothers, unless it is possible to obtain fruit or fresh -vegetables, which may be served as a third. One pound of bread shall -suffice for the day, whether there be one meal or two. If the monks are -to have supper as well as dinner, the cellarer shall cut off a third of -the loaf of bread which is served at dinner and keep it for the later -meal. In the case of those who engage in heavy labor, the abbot may at -his discretion increase the allowance of food, but he should not allow -the monks to indulge their appetites by eating or drinking too much. For -no vice is more inconsistent with the Christian character; as the Master -saith: "Take heed to yourselves lest at any time your hearts be -overcharged with surfeiting" [Luke 21:34]. A smaller amount of food -shall be given to the youths than to their elders, and in general the -rule should be to eat sparingly. All shall abstain from the flesh of -four-footed beasts, except the weak and the sick. - -Ch. 40. _The amount of drink._--"Each one has his own gift from God, the -one in this way, the other in that" [1 Cor. 7:7], so we hesitate to -determine what others shall eat or drink. But we believe that a -half-measure of wine a day is enough for anyone, making due allowance, -of course, for the needs of the sick. If God has given to some the -strength to endure abstinence, let them use that gift, knowing that they -shall have their reward. And if the climate, the nature of the labor, or -the heat of summer, or other conditions make it advisable to increase -this amount, the superior may do so at his own discretion, always -guarding, however, against indulgence and drunkenness. Some hold, -indeed, that monks should not drink wine at all. We have not been able -in our day to persuade monks to agree to this; but all will admit that -drink should be used sparingly, for "wine maketh even the wise to go -astray" [Ecclesiasticus 19:2]. Where wine is scarce or is not found at -all because of the nature of the locality, let those who live there -bless God and murmur not. In any case, let there be no murmuring because -of the scarcity or the lack of wine. - -Ch. 41. _The time of meals._--From Easter to Pentecost, the brethren -shall dine at the sixth hour and have supper in the evening. From -Pentecost on through the summer, they shall fast on Wednesday and -Friday{115} until the ninth hour, unless they are laboring in the fields -or find the heat of the summer too oppressive; on the other days of the -week they shall dine at the sixth hour. But if the monks are working out -of doors, or are oppressed with the heat, the abbot may at his -discretion have dinner served every day at the sixth hour. In this, as -in all matters, the abbot shall have regard for the souls of the -brethren, that they be not given cause for grumbling. From the middle of -September to the beginning of Lent, they shall dine at the ninth hour, -and during Lent, toward evening. The time for the evening meal shall be -so fixed that the brethren may eat without the aid of lamps; and indeed -all the meals are to be eaten by daylight. - - -{115} In the early church Wednesdays and Fridays were fast-days, because -Christ was believed to have been born on a Wednesday and he died on a -Friday. - -Ch. 42. _Silence is to be kept after completorium._--The monks should -observe the rule of silence at all times, but especially during the -hours of the night. This rule shall be observed both on fast-days and on -other days, as follows: on other than fast-days, as soon as the brothers -rise from the table they shall sit down together, while one of them -reads from the Collations or the lives of the fathers or other holy -works. But the reading at this time shall not be from the Heptateuch or -from the books of the Kings, which are not suitable for weak intellects -to hear at this hour and may be read at other times. On fast-days the -brethren shall assemble a little while after vespers, and listen to -readings from the Collations. All shall be present at this reading -except those who have been given other duties to be done at this time, -and after the reading of four or five pages, or as much as shall occupy -an hour's time, the whole congregation shall meet for completorium. -After completorium no one shall be allowed to speak to another, unless -some unforeseen occasion arises, as that of caring for guests, or unless -the abbot has to give a command to some one; and in these cases such -speaking as is necessary shall be done quietly and gravely. If anyone -breaks this rule of silence he shall be severely disciplined. - -Ch. 43. _Those who are late in coming to services or to meals._--When -the signal is given for the hour of worship, all should hasten to the -oratory; but they shall enter gravely, so as not to give occasion for -jesting. The service of God is to be placed above every other duty. At -vigils, those who do not come in until after the Gloria of the 94th -Psalm ("O come, let us sing unto the Lord"), which, as we have indicated -above, is to be said slowly and solemnly, shall be held to be tardy. -Such a one shall not be allowed to take his accustomed place in the -choir, but shall be made to stand last or in a place apart such as the -abbot may have indicated for the tardy. There he may be seen by the -abbot and all the brothers, and after the service he shall do public -penance for his fault. The purpose of placing him last or in a place -apart from the others is to make his tardiness conspicuous, so that he -may be led through very shame to correct this fault. For if those who -come late are made to stay outside of the oratory, some of them will go -back and go to bed again, or at least sit down outside and spend the -time of service in idle talk, thus giving a chance to the evil one. Let -them come inside that they may not lose all the service, and in the -future not be tardy. At the services in the daytime, he who does not -come in until after the verse and the Gloria of the first psalm, shall -stand in the last place as already described, and shall not be allowed -to take his own place in the choir until he has made amends, unless the -abbot shall give him permission, reserving his penance for a later time. -At the common meal all shall stand and say a verse and a prayer, and -then sit down together. He who comes in after the verse shall be -admonished for the first and second offense, and if he is again tardy -after that he shall not be allowed to share the common meal, but shall -be made to eat alone, and his portion of wine shall be taken away until -he makes satisfaction. Those who are not present at the verse which is -said at the end of the meal shall be punished in the same way. And no -one shall eat or drink anything except at the appointed hours. If any -one refuses to eat when food is offered to him by the superior, he shall -not be allowed to do so later when he wishes it, unless he has made -satisfaction for his fault. - -Ch. 44. _The penance of the excommunicated._--The one who has been -excommunicated for grievous sins from both the divine services and the -common meal shall do penance as follows: During the hour of worship, he -shall lie prostrate at the door of the oratory, with his head on the -ground at the feet of all as they come out. He shall continue to do this -until the abbot has decided that he has made reparation for his sin. -Then after he has been admitted again into the oratory, he shall fall at -the feet, first of the abbot and then of all the other brothers, and -shall beg them all to pray for him; then he may be permitted to take his -own place in the choir or such other position as the abbot shall -designate. But he shall not be allowed to lead in the psalms or the -reading or any other part of the service until the abbot gives him -permission. At the end of the service each day he shall prostrate -himself upon the ground in the place where he was standing, until the -abbot decides that his penance has been accomplished. Those who for -lesser faults have been excommunicated from the table only, shall -continue to do penance in the oratory until the abbot gives them his -blessing and says: "It is enough." - -Ch. 45. _The punishment of those who make mistakes in the service._--If -anyone makes a mistake in the psalm or the response or the antiphony or -the reading, he shall make satisfaction as described. But if he is not -humbled by this and by the rebukes of his elders, and refuses to admit -that he has erred, he shall be subjected to heavier punishment for his -obstinacy. Children shall be whipped for such offences. - -Ch. 46. _The punishment for other sins._--When a brother has committed -any fault in any of his work, in doors or out, such as losing or -breaking anything, or making a mistake of some sort, he shall go -immediately to the abbot and make satisfaction, confessing his fault -before the whole congregation. If he fails to do this and leaves the -mistake to be found out and reported by another, he shall be severely -punished. But if it be a secret sin, he may confess it privately to the -abbot alone or to such spiritual superiors as may be able to cure such -errors without making them public. - -Ch. 47. _The manner of announcing the hour of service._--The signal for -the hour of worship both in the daytime and at night, shall be given by -the abbot or by some diligent brother to whom he has intrusted that -duty, so that everything may be in readiness for the service at the -proper time. The abbot shall appoint certain ones to lead in the psalms -and the antiphonies after him; only those, however, shall be allowed to -read or chant who are able to edify the hearers. These shall be -appointed by the abbot, and shall perform their part gravely and humbly -in the fear of the Lord. - -Ch. 48. _The daily labor of the monks._--Idleness is the great enemy of -the soul, therefore the monks should always be occupied, either in -manual labor or in holy reading. The hours for these occupations should -be arranged according to the seasons, as follows: From Easter to the -first of October, the monks shall go to work at the first hour and labor -until the fourth hour, and the time from the fourth to the sixth hour -shall be spent in reading. After dinner, which comes at the sixth hour, -they shall lie down and rest in silence; but anyone who wishes may read, -if he does it so as not to disturb anyone else. Nones shall be observed -a little earlier, about the middle of the eighth hour, and the monks -shall go back to work, laboring until vespers. But if the conditions of -the locality or the needs of the monastery, such as may occur at harvest -time, should make it necessary to labor longer hours, they shall not -feel themselves ill-used, for true monks should live by the labor of -their own hands, as did the apostles and the holy fathers. But the -weakness of human nature must be taken into account in making these -arrangements. From the first of October to the beginning of Lent, the -monks shall have until the full second hour for reading, at which hour -the service of terce shall be held. After terce, they shall work at -their respective tasks until the ninth hour. When the ninth hour sounds -they shall cease from labor and be ready for the service at the second -bell. After dinner they shall spend the time in reading the lessons and -the psalms. During Lent the time from daybreak to the third hour shall -be devoted to reading, and then they shall work at their appointed tasks -until the tenth hour. At the beginning of Lent each of the monks shall -be given a book from the library of the monastery which he shall read -entirely through. One or two of the older monks shall be appointed to go -about through the monastery during the hours set apart for reading, to -see that none of the monks are idling away the time, instead of reading, -and so not only wasting their own time but perhaps disturbing others as -well. Anyone found doing this shall be rebuked for the first or second -offence, and after that he shall be severely punished, that he may serve -as a warning and an example to others. Moreover, the brothers are not to -meet together at unseasonable hours. Sunday is to be spent by all the -brothers in holy reading, except by such as have regular duties assigned -to them for that day. And if any brother is negligent or lazy, refusing -or being unable profitably to read or meditate at the time assigned for -that, let him be made to work, so that he shall at any rate not be idle. -The abbot shall have consideration for the weak and the sick, giving -them tasks suited to their strength, so that they may neither be idle -nor yet be distressed by too heavy labor. - -Ch. 49. _The observance of Lent._--Monks ought really to keep Lent all -the year, but as few are able to do this, they should at least keep -themselves perfectly pure during that season, and to make up for the -negligence of the rest of the year by the strictest observance then. The -right way to keep Lent is this: to keep oneself free from all vices and -to spend the time in holy reading, in repentance, and in abstinence. -During this season, therefore, we should add in some way to the weight -of our regular service, by saying additional prayers or giving up some -part of our food or drink, so that each one of us of his own will may -offer some gift to God in addition to his usual service, to the -rejoicing of the Holy Spirit. Let each one then make some sacrifice of -his bodily pleasures in the way of food or drink, or the amount of -sleep, or talking and jesting, thus awaiting the holy Easter with the -joy of spiritual desire. But the abbot should always be consulted in -regard to the sacrifice to be made, and it should be done with his -consent and wish; for whatever anyone does contrary to the wish of the -spiritual father will not be imputed to him for righteousness, but for -presumption and vainglory. So let everything be done in accordance with -the wish of the abbot. - -Ch. 50. _The observance of the hours of worship by brothers who work at -a distance from the monastery or are on a journey._--Those who are at -work so far from the monastery that they cannot return for service (the -question of fact shall be decided by the abbot) shall nevertheless -observe the regular hours, kneeling down and worshipping God in the -place where they are working. So also those who are on the road shall -not neglect the hour of worship, but shall keep it as best they can. - -Ch. 51. _Those who are sent on short errands._--If a brother has been -sent on an errand with instructions to return the same day with an -answer, he shall not presume to eat outside of the monastery unless he -has been told to do so by the abbot; and if he does, he shall be -excommunicated. - -Ch. 52. _The oratory of the monastery._--The oratory should be used as -its name implies: that is, as a place of prayer; and for no other -purpose. When the service is over, let all go out silently and -reverently, so that if any brother wishes to pray there in private he -may not be disturbed by others. And when anyone wishes to pray there -privately let him go in quietly and pray, not noisily, but with silent -tears and earnestness of heart. No one else shall be allowed to remain -in the oratory after the service, lest, as we have said, they disturb -those who desire to pray there. - -Ch. 53. _The reception of guests._--All guests who come to the monastery -are to be received in the name of Christ, who said: "I was a stranger -and ye took me in" [Matt. 25:35]. Honor and respect shall be shown to -all, but especially to Christians and strangers. When a guest is -announced the superior and the brothers shall hasten to meet him and -shall give him the kindest welcome. At meeting, both shall say a short -prayer and then they shall exchange the kiss of peace, the prayer being -said first to frustrate the wiles of the devil. The manner of salutation -shall be humble and devout; he who offers it to a guest shall bow his -head or even prostrate his body on the ground in adoration of Christ, in -whose name guests are received. The way to receive a guest is as -follows: immediately on his arrival he shall be conducted to the oratory -for prayer, and then the superior or some brother at his order shall sit -down and read from the holy Scriptures with him for his edification. -After he has been thus received, every attention shall be shown to his -comfort and entertainment. The abbot may break his fast to dine with a -guest, unless the day be an especially solemn fast; but the brothers -shall keep the regular fasts. The abbot shall offer the guests water for -their hands, and together with all the brothers shall wash their feet, -all repeating this verse at the end of the ceremony: "We have thought of -thy loving kindness, O Lord, in the midst of thy temple" [Ps. 48:9]. -Peculiar honor shall be shown to the poor and to strangers, since it is -in them that Christ is especially received; for the power of the rich in -itself compels honor. The abbot shall have a special cook for himself -and the guests of the monastery, so that the brothers may not be -disturbed by the arrival of guests at unusual hours, a thing always -liable to occur in a monastery. Two well-qualified brothers shall be -appointed to this office for the year, and shall be given such help as -they may need, that they may not have occasion to complain of the -service. But when they have nothing to do in this service, they shall be -assigned to other tasks. It shall be the rule of the monastery that -those who have charge of certain offices shall have assistants when they -need them, and shall themselves be assigned to other tasks when they -have nothing to do in their own offices. The guest chamber, which shall -contain beds with plenty of bedding, shall be placed under the charge of -a God-fearing brother. No one shall venture to talk to a guest or to -associate with him; and when a brother meets one, he shall greet him -humbly, and ask his blessing, but shall pass on, explaining that it is -not permitted to the brothers to talk with guests. - -Ch. 54. _Monks are not to receive letters or anything._--No monk shall -receive letters or gifts or anything from his family or from any persons -on the outside, nor shall he send anything, except by the command of the -abbot. And if anything has been sent to the monastery for him he shall -not receive it unless he has first shown it to the abbot and received -his permission. And if the abbot orders such a thing to be received, he -may yet bestow it upon anyone whom he chooses, and the brother to whom -it was sent shall acquiesce without ill-will, lest he give occasion to -the evil one by his discontent. If anyone breaks this rule, he shall be -severely disciplined. - -Ch. 55. _The vestiarius [one who has charge of the clothing] and the -calciarius [one who has charge of the footwear]._--The brothers are to -be provided with clothes suited to the locality and the temperature, for -those in colder regions require warmer clothing than those in warmer -climates. The abbot shall decide such matters. The following garments -should be enough for those who live in moderate climates: A cowl and a -robe apiece (the cowl to be of wool in winter and in summer light or -old); a rough garment for work; and shoes and boots for the feet. The -monks shall not be fastidious about the color and texture of these -clothes, which are to be made of the stuff commonly used in the region -where they dwell, or of the cheapest material. The abbot shall also see -that the garments are of suitable length and not too short. When new -garments are given out the old ones should be returned, to be kept in -the wardrobe for the poor. Each monk may have two cowls and two robes to -allow for change at night and for washing; anything more than this is -superfluous and should be dispensed with as being a form of luxury. The -old boots and shoes are also to be returned when new ones are given out. -Those who are sent out on the road shall be provided with trousers, -which shall be washed and restored to the vestiary when they return. -There shall also be cowls and robes of slightly better material for the -use of those who are sent on journeys, which also shall be given back -when they return. A mattress, a blanket, a sheet, and a pillow shall be -sufficient bedding. The beds are to be inspected by the abbot -frequently, to see that no monk has hidden away anything of his own in -them, and if anything is found there which has not been granted to that -monk by the abbot, he shall be punished very severely. To avoid giving -occasion to this vice, the abbot shall see that the monks are provided -with everything that is necessary: cowl, robe, shoes, boots, girdle, -knife, pen, needle, handkerchief, tablets, etc. For he should remember -how the fathers did in this matter, as it is related in the Acts of the -Apostles: "There was given unto each man according to his need" [Acts -2:45]. He should be guided in this by the requirements of the needy, -rather than by the complaints of the discontented, remembering always -that he shall have to give an account of all his decisions to God on the -day of judgment. - -Ch. 56. _The table of the abbot._--The table of the abbot shall always -be for the use of guests and pilgrims, and when there are no guests the -abbot may invite some of the brothers to eat with him. But in that case, -he should see that one or two of the older brothers are always left at -the common table to preserve the discipline of the meal. - -Ch. 57. _Artisans of the monastery._--If there are any skilled artisans -in the monastery, the abbot may permit them to work at their chosen -trade, if they will do so humbly. But if any one of them is made proud -by his skill in his particular trade or by his value to the monastery, -he shall be made to give up that work and shall not go back to it until -he has convinced the abbot of his humility. And if the products of any -of these trades are sold, those who conduct the sales shall see that no -fraud is perpetrated upon the monastery. For those who have any part in -defrauding the monastery are in danger of spiritual destruction, just as -Ananias and Sapphira for this sin suffered physical death. Above all, -avarice is to be avoided in these transactions; rather the prices asked -should be a little lower than those current in the neighborhood, that -God may be glorified in all things. - -Ch. 58. _The way in which new members are to be received._--Entrance -into the monastery should not be made too easy, for the apostle says: -"Try the spirits, whether they are of God" [1 John 4:1]. So when anyone -applies at the monastery, asking to be accepted as a monk, he should -first be proved by every test. He shall be made to wait outside four or -five days, continually knocking at the door and begging to be admitted; -and then he shall be taken in as a guest and allowed to stay in the -guest chamber a few days. If he satisfies these preliminary tests, he -shall then be made to serve a novitiate of at least one year, during -which he shall be placed under the charge of one of the older and wiser -brothers, who shall examine him and prove, by every possible means, his -sincerity, his zeal, his obedience, and his ability to endure shame. And -he shall be told in the plainest manner all the hardships and -difficulties of the life which he has chosen. If he promises never to -leave the monastery [_stabilitas [pg 474] loci_] the rule shall be read -to him after the first two months of his novitiate, and again at the end -of six more months, and finally, four months later, at the end of his -year. Each time he shall be told that this is the guide which he must -follow as a monk, the reader saying to him at the end of the reading: -"This is the law under which you have expressed a desire to live; if you -are able to obey it, enter; if not, depart in peace." Thus he shall have -been given every chance for mature deliberation and every opportunity to -refuse the yoke of service. But if he still persists in asserting his -eagerness to enter and his willingness to obey the rule and the commands -of his superiors, he shall then be received into the congregation, with -the understanding that from that day forth he shall never be permitted -to draw back from the service or to leave the monastery. The ceremony of -receiving a new brother into the monastery shall be as follows: first he -shall give a solemn pledge, in the name of God and his holy saints, -of constancy, conversion of life, and obedience (_stabilitas loci_, -_conversio morum_, _obedientia_);{116} this promise shall be in writing -drawn up by his own hand (or, if he cannot write, it may be drawn up by -another at his request, and signed with his own mark), and shall be -placed by him upon the altar in the presence of the abbot, in the name -of the saints whose relics are in the monastery. Then he shall say: -"Receive me, O Lord, according to thy word, and I shall live; let me -not be cast down from mine expectation" [Ps. 119:116]; which shall be -repeated by the whole congregation three times, ending with the "Gloria -Patri." Then he shall prostrate himself at the feet of all the brothers -in turn, begging them to pray for him, and therewith he becomes a member -of the congregation. If he has any property he shall either sell it all -and give to the poor before he enters the monastery, or else he shall -turn it over to the monastery in due form, reserving nothing at all for -himself; for from that day forth he owns nothing, not even his own body -and will. Then he shall take off his own garments there in the oratory, -and put on the garments provided by the monastery. And those garments -which he put off shall be stored away in the vestiary, so that if he -should ever yield to the promptings of the devil and leave the -monastery, he shall be made to put off the garments of a monk, and to -put on his own worldly clothes, in which he shall be cast forth. But the -written promise which the abbot took from the altar where he placed it -shall not be given back to him, but shall be preserved in the monastery. - - -{116} The vows which a monk had to take are found in chap. 58 and in -nos. 252-257. They are differently stated but may be summed up as -follows: (1) _stabilitas loci_, stability of place, steadfastness; that -is, he took a vow never to leave the monastery and give up the monastic -life; (2) _conversio morum_, conversion of life; that is, to give up all -secular and worldly practices and to conform to the ideals and standards -of the monastic life; (3) observance of the rule; (4) obedience, that -is, to the abbot and to all his superiors; (5) chastity; and (6) -poverty. The last three are generally meant when "monastic vows" are -spoken of. - -Ch. 59. _The presentation of children._--If persons of noble rank wish -to dedicate their son to the service of God in the monastery, they shall -make the promise for him, according to the following form: they shall -bind his hand and the written promise along with the consecrated host in -the altar-cloth and thus offer him to God. And in that document they -shall promise under oath that their son shall never receive any of the -family property, from them or any other person in any way whatsoever. If -they are unwilling to do this, and desire to make some offering to the -monastery for charity and the salvation of their souls, they may make a -donation from that property, reserving to themselves the usufruct during -their lives, if they wish. This shall all be done so clearly that the -boy shall never have any expectations that might lead him astray, as we -know to have happened. Poor people shall do the same when they offer -their sons; and if they have no property at all they shall simply make -the promise for their son and present him to the monastery with the host -before witnesses.{117} - - -{117} See nos. 259, 260. - -Ch. 60. _Priests who wish to live in the monastery._--If a priest asks -to be admitted into the monastery, he shall not be immediately accepted. -But if he persists in his request, let it be made clear to him that he -shall have to obey the whole rule, and that the regular discipline will -not be relaxed in his favor; as it is written "Friend, wherefore art -thou come?" [Matt. 26:50]. The abbot may assign him the place nearest -himself, and may give him authority to pronounce the benediction or -officiate at the mass, but the priest shall not presume to do any of -these things, except by the authority of the abbot, for he is subject to -the rule as all the others, and should indeed set an example to them by -his humility. And when an ordination or other ceremony is held in the -monastery, the priest shall occupy in the service the place which he -holds as a monk, and not that which he would have as a priest. Members -of other clerical grades [deacons, etc.] may also be received into the -monastery as ordinary monks, if they wish to enter; but they shall be -made to promise obedience to the rule and never to leave the monastery. - -Ch. 61. _The reception of strange monks._--If a monk from a distant -region comes to the monastery and asks to be received, accepting the -conditions and the customs of the place without fault-finding, he shall -be welcomed and entertained as long as he wishes to stay. And if he -humbly suggests certain faults and possible improvements in the conduct -of the monastery, the abbot shall consider his suggestions carefully, -for he may have been sent there by God for that very purpose. If he -expresses a wish to remain permanently in that monastery, he may be -admitted to membership immediately, ample opportunity having been given -to discover his real character while he was a guest. The one who has -been discovered during this time, however, to be wicked or unreasonable, -shall not only be refused admission to the monastery as a member, but -shall be plainly told to depart, that the congregation may not be -contaminated by his evil example. Those who are worthy, on the other -hand, shall not only be received at their request, but may be urged to -stay as a good example for the rest, since we all serve the same Lord -and Master wherever we may be. The abbot may even advance such a one to -a higher grade if he thinks best, for it is in his power to promote not -only monks, but priests and other members of the clergy, if their -character and manner of life make it expedient. But the abbot should be -careful that he does not receive into his congregation monks from other -monasteries who have left without the consent of their abbot, or the -usual commendatory letters;{118} as it is written: "Do not unto others -what ye would not that they should do unto you" [Luke 6:31]. - - -{118} See nos. 261-264. - -Ch. 62. _The ordaining of priests in the monastery._--When the abbot -wishes to ordain a priest or a deacon for the service of the monastery, -he shall choose one of his own congregation who is worthy to exercise -such an office. And that brother shall not be elated because of his -ordination, nor presume to exercise his office except by the command of -the abbot; he should rather obey the rule the more carefully because of -his calling, that he may grow in grace. Except for his right to -officiate at the altar, he shall occupy the same position as before his -ordination, unless he is promoted to a higher grade for his merits. He -shall be subject to the authority of the deans and _præpositi_ of the -monastery as the rest, for his priestly office ought to incline him to -greater obedience, rather than to resistance to authority. But if he is -rebellious and refuses to submit even after frequent admonitions from -the abbot, he may be handed over to the bishop of the diocese for -correction. If after that he persists in his flagrant sin, refusing -utterly to obey the rule, he shall be cast out of the monastery. - -Ch. 63. _Ranks among the monks._--There shall be different ranks among -the monks, the rank of each being determined by the length of his -service, by the character of his life, or by the decision of the abbot. -But in this matter the abbot shall be careful not to give offence to any -of his congregation, nor to use his power unjustly, for God will surely -demand a reckoning of all his acts and decisions. These differences in -rank are to be observed by the brothers in their daily life, each one -having his own position in the choir, and his own turn at the confession -and communion and in leading the psalms. But these differences shall not -be based solely upon age, for we are told that Samuel and Daniel while -still youths were made judges over priests; but rank shall ordinarily be -determined by the time of entrance upon the monastic life, except in the -case of promotions and degradations which the abbot may have made for -cause. Thus, for example, one who was admitted as a monk at the second -hour of the day shall be the inferior of the one admitted at the first -hour. But in the case of children the discipline necessary to their -welfare shall not be disturbed for this consideration. The proper -attributes of inferiors are honor and reverence for those above them; -and of superiors, love and affectionate care for those below them. This -distinction shall be observed in addressing one another; thus an -inferior shall be addressed as brother, and a superior as "nonnus" [that -is, tutor or elder], as a sign of paternal reverence. But the abbot, -since he is the representative of Christ, shall be addressed as "lord" -and "abbot" [that is, father], not for his own exaltation, but for the -honor and reverence which are due to Christ; and on his part, he shall -always so conduct himself as to merit the honor which is shown to him. -When two brothers meet, the inferior shall ask the other for his -blessing. The inferior shall always rise and offer his superior his -seat, and shall remain standing until the other bids him be seated; as -it is written: "In honor preferring one another" [Rom. 12:10]. The -children and youths are to be given their own places at the table and in -the oratory, for the sake of preserving discipline, and indeed they -shall be under strict discipline in all circumstances, until they have -arrived at an age of discretion. - -Ch. 64. _The ordination of the abbot._--The election of the abbot shall -be decided by the whole congregation or by that part of it, however -small, which is of "the wiser and better counsel."{119} And he shall be -chosen for his meritorious life and sound doctrine, even if he be the -lowliest in the congregation. But if the whole congregation should agree -to choose one simply because they know that he will wink at their vices, -and the character of this abbot is discovered by the bishop of the -diocese or by the abbots and Christian men of the neighborhood, they -shall refuse their consent to the choice and shall interfere to set a -better ruler over the house of God. If they do this with pure motives in -zeal for the service of God they shall have their reward; just as, in -neglecting to do so, they shall surely be guilty of sin. The one who is -ordained should realize that he has assumed a heavy burden and also that -he will have to render an account of his office to God. He should -understand that he is set to rule for the profit of others and not for -his own exaltation. He must be learned in the divine law, that he may -know how and be able to bring forth things new and old [Matt. 13:52]. He -shall be chaste, sober, and merciful, and always prefer mercy to -justice, as he hopes to receive the same treatment from God. He should -love the brothers, but hate their sins. He should exercise his authority -to correct with the greatest prudence, lest, as it were, he should break -the vase in his efforts to remove the stains. Let him remember in this -regard that he himself is frail, and that "A bruised reed is not to be -broken" [Is. 42:3]. We do not mean that he is to allow vices to -flourish, but that he should exercise charity and care in his attempts -to root them out, adapting his treatment to each case, as we said above. -Let him strive to make himself loved rather than feared. He should not -be violent nor easily worried, nor too obstinate in his opinions; he -shall not be too jealous or suspicious of those about him, else he shall -never have any peace of mind. His commands shall be given with foresight -and deliberation, and he shall always examine his decisions to see -whether they are made with regard for this world, or for the service of -God. He shall profit by the warning of St. Jacob, where he says: "If I -overdrive my flocks, they shall die all in one day" [cf. Gen. 33:13]. He -should rule wisely, using discretion in all things; so that his -administration may be such that the strong shall delight in it, while -the weak are not offended by it. Above all, he should obey the rule in -everything. Then, at the end of a good ministry, he shall receive that -reward which the Lord has promised in the parable of the good servant: -"Verily, I say unto you, that he shall make him ruler over all his -goods" [Matt. 24:47]. - - -{119} See introductory note to no. 113. - -Ch. 65. _The præpositus of the monastery._--The ordination of -_præpositi_ has been a frequent source of trouble in the monastery, for -some of them have acted as if they were second abbots, and by their -presumption have aroused ill-feeling and dissensions in the -congregation. This occurs especially where the _præpositus_ is ordained -by the bishops and abbots from whom his own abbot has received his -ordination. Herein is found the cause of the whole trouble, for the -_præpositus_ is led to believe himself freed from the control of the -abbot because of his equal ordination. Thence arise envying, quarrels, -dissensions, and disturbances; for, the abbot and the _præpositus_ being -opposed to one another, the congregation is divided into factions, to -the peril of their souls. They who ordain them in this way are -responsible for these evils. Accordingly we believe it better, for the -sake of the peace of the monastery, that the abbot rule his congregation -without a _præpositus_, intrusting the management to deans, as we have -already suggested; because where several are employed with equal -authority, no one can become unduly exalted. But sometimes the -circumstances seem to require the services of a _præpositus_, or else -the whole congregation humbly petitions the abbot to appoint one. Then, -if he wishes, he may, with the advice of the brothers, choose one and -ordain him himself. The _præpositus_ shall have charge only of such -affairs as the abbot may intrust to him, doing nothing without his -consent; for his position calls for greater obedience because of the -greater trust committed to him. But the wicked _præpositus_ who acts -presumptuously or refuses obedience to the rule shall be admonished for -his fault at least four times; after that, if he persists in his evil -ways, he shall be subjected to the discipline provided in the rule; and -finally he shall be deposed from his office, and a worthier brother put -in his place. And if he refuses to submit quietly and to take his old -place in the congregation, he shall be cast out of the monastery. But -the abbot should examine his own motives to see that he is not actuated -by envy or jealousy, for he must render account to God for all his acts. - -Ch. 66. _The doorkeeper of the monastery._--The door of the monastery -shall be kept by an aged monk, one who is able to perform the duties of -that position wisely and whose age will prevent him from being tempted -to wander outside. He shall have his cell near the door to be always at -hand to answer to those who knock. Everyone who knocks shall receive a -ready response, the doorkeeper welcoming him with thanks to God for his -coming and giving him his blessing. If he needs an assistant he shall be -given the services of one of the younger brothers. If possible, the -monastery should contain within its walls everything necessary to the -life and the labors of the monks, such as wells, a mill, bake-oven, -gardens, etc., so that they shall have no excuse for going outside. - -This rule shall be read often before the whole congregation, that no -brother may be able to plead ignorance as an excuse for his sin.{120} - - -{120} From this last sentence it is thought that this was at one time -the end of the rule, and that all the chapters which follow were added -at a later date. - -Ch. 67. _Brothers who are sent on errands._--Those who are about to -leave the monastery on errands, shall ask for the prayers of the abbot -and the whole congregation while they are away; and this petition shall -be added to the last prayer at every service during their absence. -Likewise, at the end of every service on the day when they return, they -shall prostrate themselves on the floor of the oratory and ask all the -brothers to pray for them, because of the sins which they may have -committed while out on the road, sins of seeing or of hearing or of -speech. And no one of them shall venture to relate to the others -anything that he saw or heard while out in the world, for herein lies -the greatest danger of worldly contamination. If anyone shall do this he -shall be disciplined according to the rule. Those who wander outside of -the monastery without the permission of the abbot or go anywhere or do -anything at all contrary to his commands shall also be punished. - -Ch. 68. _Impossible commands._--If a brother is commanded by his -superior to do difficult or impossible things, he shall receive the -command humbly and do his best to obey it; and if he finds it beyond -human strength, he shall explain to the one in authority why it cannot -be done, but he shall do this humbly and at an opportune time, not -boldly as if resisting or contradicting his authority. But if after this -explanation the superior still persists in his demands, he shall do his -best to carry them out, believing that they are meant for his own good, -and relying upon the aid of God, to whom all things are possible. - -Ch. 69. _No one shall defend another in the monastery._--No monk shall -presume to come to the defence of another who has been reprimanded by -his superior, even if the two are bound by the closest ties of -relationship, for such actions give rise to the evils of insubordination -and breach of discipline. If anyone violates this rule, he shall be -severely punished. - -Ch. 70. _Monks shall not strike one another._--Monks should avoid -especially the sin of presumption. Therefore, we forbid anyone to -excommunicate or to strike his brother, unless by the authority directly -given him by the abbot. When sinners are to be punished it shall be done -before the whole congregation, for the example to the rest. Children and -youths under fifteen years shall be subject to the discipline and -control of all the brothers, but this, too, shall be exercised in reason -and moderation. Any brother who of his own authority shall venture to -strike one over that age, or who shall abuse the children unreasonably, -shall be punished according to the rule; for it is written: "Do not unto -others as ye would not that they should do unto you." - -Ch. 71. _Monks are mutually to obey one another._--Not only should the -monks obey the abbot; they should also obey one another, for obedience -is one of the chief means of grace. The commands of the abbot and of the -other officials shall always have precedence over those of any persons -not in authority, but next to them the younger brothers should give -loving and zealous obedience to the commands of their elders. If anyone -refuses to do this, resisting the commands of a superior, he shall be -corrected for his fault. Whenever a brother has been reprimanded by his -abbot or by any superior for a fault of any sort, or knows that he has -offended such a one, he shall immediately make amends, falling at the -feet of the offended, and remaining there until he has received his -forgiveness and blessing. And the one who refuses to humble himself in -this way shall be punished with blows, being even cast out of the -monastery if he persists in his stubbornness. - -Ch. 72. _The good zeal which monks should have._--There are two kinds of -zeal: one that leads away from God to destruction, and one that leads to -God and eternal life. Now these are the features of that good zeal which -monks should cultivate: to honor one another; to bear with one another's -infirmities, whether of body or mind; to vie with one another in showing -mutual obedience; to seek the good of another rather than of oneself; to -show brotherly love one to another; to fear God; to love the abbot -devotedly; and to prefer the love of Christ above everything else. This -is the zeal that leads us to eternal life. - -Ch. 73. _This rule does not contain all the measures necessary for -righteousness._--The purpose of this rule is to furnish a guide to the -monastic life. Those who observe it will have at least entered on the -way of salvation and will attain at least some degree of holiness. But -he who aims at the perfect life must study and observe the teachings of -all the holy fathers, who have pointed out in their writings the way of -perfection. For every page and every word of the Bible, both the New and -the Old Testament, is a perfect rule for this earthly life; and every -work of the holy catholic fathers teaches us how we may direct our steps -to God. The Collations, the Institutes, the Lives of the Saints, and the -rule of our father, St. Basil, all serve as valuable instructions for -monks who desire to live rightly and to obey the will of God. Their -examples and their teachings should make us ashamed of our sloth, our -evil lives, and our negligence. Thou who art striving to reach the -heavenly land, first perfect thyself with the aid of Christ in this -little rule, which is but the beginning of holiness, and then thou mayst -under the favor of God advance to higher grades of virtue and knowledge -through the teaching of these greater works. AMEN. - - - -252. Oath of the Benedictines. - - -Jaffé, IV, p. 365. - -The following documents, nos. 252-264, are examples of the various vows, -letters, and other documents mentioned in the rule. As the titles -explain their character, no further word of introduction seems -necessary. - -The promise of the monks to obey the rule of St. Benedict. - -I, (name), in the holy monastery of the blessed martyr and confessor, -(name), in the presence of God and his holy angels, and of our abbot, -(name), promise in the name of God that I will live all the days of my -life from now henceforth in this holy monastery in accordance with the -rule of St. Benedict and that I will obey whatever is commanded of me. -I, (name), have made this promise and written it with my own hand and -signed it in the presence of witnesses. - - - -253. Monk's Vow. - - -Migne, 66, col. 820. - -I, brother Gerald, in the presence of abbot Gerald and the other -brothers, promise steadfastness in this monastery according to the rule -of St. Benedict and the precepts of Sts. Peter and Paul; and I hereby -surrender all my possessions to this monastery, built in the honor of -St. Peter and governed by the abbot Gerald. - - - -254. Monk's Vow. - - -Migne, 66, col. 820. - -I, brother (name), a humble monk of the monastery of St. Denis in -France, in the diocese of Paris, in the name of God, the Virgin Mary, -St. Denis, St. Benedict, and all the saints, and of the abbot of this -monastery, do promise to keep the vows of obedience, chastity, and -poverty. I also promise, in the presence of witnesses, steadfastness and -conversion of life, according to the rules of this monastery and the -traditions of the holy fathers. - - - -255. Monk's Vow. - - -Migne, 66, col. 820. - -I, brother (name), in the presence of the abbot of this Cistercian -monastery built in the honor of the ever blessed Virgin Mary, mother of -God, and in the name of God and all his saints whose relics are kept -here, do hereby promise steadfastness, conversion of life, and -obedience, according to the rule of St. Benedict. - - - -256. Monk's Vow. - - -Migne, 66, col. 821. - -I hereby renounce my parents, my brothers and relatives, my friends, my -possessions and my property, and the vain and empty glory and pleasure -of this world. I also renounce my own will, for the will of God. I -accept all the hardships of the monastic life, and take the vows of -purity, chastity, and poverty, in the hope of heaven; and I promise to -remain a monk in this monastery all the days of my life. - - - -257. The Written Profession of a Monk. - - -Migne, 66. col. 825. - -It was my earnest desire to become a monk, but when I applied for -admission to this monastery, I was told it would not be granted until I -had been tried and proved. So I was at first received only as a guest; -after remaining in that position for several days, I was accepted as a -novice to serve a period of probation. During this period I was under -the charge of one of the older monks. He first explained to me all the -hardships and difficulties of the life of a monk, and after I had -promised steadfastness in these conditions, he said: "If you ever draw -back after giving your solemn promise to obey the rule, you are not fit -for the kingdom of God. You will be driven from the doors of the -monastery in the old garments in which you were first admitted; for as -you put off the world and your worldly garments when you became a monk, -so you shall be made to put them on again to be cast out, remaining -thenceforth a slave of the world to the contempt of all the righteous." -But I took courage, saying with David: "By the words of thy lips, I have -kept me from the paths of the destroyer" [Ps. 17:4], for I knew that if -I shared the sufferings of Christ I should also share his glorious -resurrection. Comforting myself with these thoughts, I promised that I -would keep all these commandments, as I hoped for eternal life. Having -thus convinced the father of my determination, I was accepted as a -novice and made to serve a novitiate of a year, during which time the -rule was read to me three times, each time with the admonition: "This is -the law under which you have expressed your desire to live; if you are -able to obey it, enter; if not, depart a free man." My year of novitiate -being completed and my mind fully made up after this long and careful -deliberation, I now earnestly pray you with tears to receive me into -your congregation. Therefore I promise, as I hope for salvation, with -the aid of God to observe the rule in all things, and to obey the abbot -and my superiors; I become a bondsman to the rule, that I may gain -eternal liberty. From this day forth I will never leave the monastery -nor withdraw my neck from the yoke of this service, which I have -accepted freely and of my own will after a year of deliberation. I -solemnly promise steadfastness (_stabilitas loci_), conversion of life, -and perfect obedience. In witness thereof I have made this promise in -writing, in the name of the saints whose relics are preserved here, and -in the name of the abbot, and I now present it. This document, signed -with my own hand, I now place upon the altar, whence it shall be taken -and kept forever in the archives of the monastery. - - - -258. The Ceremony of Receiving a Monk into the Monastery. - - -Migne, 66, cols. 829 ff. - -After the novice has made his oral profession, the abbot puts on the -robe in which mass is to be said. Then, after the offertory, the abbot -examines the novice as follows: - -The abbot asks: "Brother (name), do you renounce the world and all its -vain and empty shows?" The novice replies: "I do." - -The abbot: "Do you promise conversion of life?" The novice: "I do." - -The abbot: "Do you promise perfect obedience to the rule of St. -Benedict?" The novice: "I do." - -The abbot: "And may God give you his aid." - -Then the novice, or someone for him, reads his written promise, and -places it first upon his head and then upon the altar. Then he -prostrates himself upon the ground with his arms spread out in the form -of a cross, saying the verse: "Receive me, O Lord," etc. During the -"Gloria patri," the "Kyrie, eleison," the "Pater noster," and the -litany, the novice remains prostrate before the altar, until the end of -the service. And the brothers in the choir shall kneel while the litany -is being said. Then shall be said the prayers for the occasion as -commanded by the fathers. Immediately after the communion and before -these prayers, the new garments, which had been folded and placed before -the altar, shall be blessed, being touched with holy oil and sprinkled -with water which has been blessed by the abbot. After the mass is -finished, the novice, rising from the ground, puts off his old garments -and puts on the robes which have just been blessed, while the abbot -recites: "Exuat te Dominus," etc. Then the abbot and after him all the -brothers in turn give the new member the kiss of peace. He shall keep -perfect silence for three days after this, going about with his head -covered and receiving the communion every day. - - - -259. Offering of a Child to the Monastery. - - -Migne, 66, col. 842. - -I dedicate this boy, in the name of God and his holy saints, to serve -our Lord Jesus Christ as a monk, and to remain in this holy life all his -days until his final breath. - - - -260. Offering of a Child to the Monastery. - - -Migne, 66, col. 842. - -The dedication of children to the service of God is sanctioned by the -example of Abraham and of many other holy men, as related in the New and -Old Testaments. Therefore, I, (name), now offer in the presence of abbot -(name), this my son, (name), to omnipotent God and to the Virgin Mary, -mother of God, for the salvation of my soul and of the souls of my -parents. I promise for him that he shall follow the monastic life in -this monastery of (name), according to the rule of St. Benedict, and -that from this day forth he shall not withdraw his neck from the yoke of -this service. I promise also that he shall never be tempted to leave by -me or by anyone with my consent. - - - -261. Commendatory Letter. - - -Migne, 66, col. 859. - -To the venerable abbot (name), of the monastery of (name), abbot (name), -of the monastery of (name), sends greeting and the holy kiss of peace. -We present herewith our brother (name), whom we have sent to you with -letters of dismissal and recommendation. We commend him to you and -beseech you to take him into your monastery, because our monastery has -become impoverished through various reverses. (Or this) We dismiss him -from his service in this monastery and free him from his vow of -obedience to us, in order that he may serve the Lord under your rule. - - - -262. Commendatory Letter. - - -Migne, 66, col. 859. - -To the reverend father in Christ; or: - -To the pious and illustrious (name); or: - -To the abbot (name), abbot (name) sends greeting in the Lord. Know that -our pious brother (name), has earnestly besought us to write a -commendatory letter, recommending him to your care so that he may serve -the Lord under you in your monastery. We have granted his prayer and -given him this letter, by which we free him from his vow of obedience to -us and commend him to you, giving you the right to receive him into your -monastery, if he applies within one month from this date, after which -time this letter shall not be valid. This is to show that he has not -been expelled from our monastery for evil conduct, but has been -permitted to leave us and go to you, on account of his great desire to -serve the Lord under your rule. - - - -263. General Letter. - - -Migne, 66, col. 859. - -To all bishops and other ecclesiastics and to all Christian men: Know ye -that I have given permission to this our brother (name), to live -according to the rule wherever he shall desire, believing it to be for -the advantage of the monastery and the good of his soul. - - - -264. Letter of Dismissal. - - -Migne, 66, col. 859. - -This our brother (name), has desired to dwell in another monastery where -it seems to him he can best serve the Lord and save his own soul. Know -ye, therefore, that we have given him permission by this letter of -dismissal to betake himself thither. - - - -265. The Regular Clergy. Prologue of the Rule of St. Chrodegang, Bishop -of Metz, for His Clergy, _ca._ 744. - - -Holstenius Codex Regularum, etc., II, p. 96. - -We give here only a part of the rule of St. Chrodegang, bishop of Metz, -because it makes clear the purpose for which the rule was composed. It -was for the clergy and not for the monks. The rule itself consists of a -number of paragraphs prescribing in detail the life of the clergy who -were to live together with their bishop. This action of St. Chrodegang -was not altogether new. St. Augustine, bishop of Hippo in Africa, it is -said, had all the clergy of his city live with him in a common house -very much after the fashion of monks in a monastery. His example may -have had some influence, but it was not generally imitated. The -immediate purpose of St. Chrodegang in compelling the clergy of his -diocese to live with him was to reform them. They differed little in -life and morals from the laymen and were no doubt sadly in need of a -reform. They were now deprived of much of their independence. They ate -at a common table, slept in a common dormitory, observed common hours of -prayer and work, and in general lived a "common life." They were -clergymen, not monks, although they lived in nearly all respects as -monks, and their house, or canonry, was conducted quite like a -monastery. They were called by various names, such as regular clergy, -canons regular, regular canons, etc. Other bishops imitated St. -Chrodegang and in time it came to be regarded as the only proper way for -the clergy to live. The Cluniac reforming party supported the idea with -all its power and the regular clergy was soon organized into orders, -chief of which was that of the Premonstratensians, which was established -about 1120. - -There were of course many priests whose parishes and churches were so -far from the cathedral that they could not live with their bishop and -continue to perform their parish duties. They lived in the world and -hence were called the "secular clergy." The orders of regular canons -despised them and heaped abuse on them, chiefly because they did not -live according to a rule. The orders of regular canons soon became rich, -and tended to indolence and luxury. They were beset by the same -temptations as the monks, and their history does not differ materially -from that of the monkish orders. - -If the authority of the 318 holy fathers [the council of Nicæa, 325] and -of the canons were observed, and the bishops and their clergy were -living in the proper way, it would be quite unnecessary for anyone so -humble and unimportant as we to attempt to say anything about this -matter [that is, the way in which the clergy should live], which has -been so well treated by the holy fathers, or to add anything new to what -they have said. But since the negligence of the bishops as well as of -their clergy is rapidly increasing, a further duty seems incumbent on -us. And we are certainly in great danger unless we do, if not all we -should, at least all we can, to bring our clergy back to the proper way -of living. - -After I had been made bishop of Metz [743] and had begun to attend to -the duties of my pastoral office, I discovered that my clergy as well as -the people were living in a most negligent manner. In great sorrow I -began to ask what I ought to do. Relying on divine aid and encouraged by -my spiritually minded brethren, I thought it necessary to make a little -rule for my clergy, by observing which they would be able to refrain -from forbidden things, to put off their vices, and to cease from the -evil practices which they have so long followed. For I thought that if -their minds were once cleared of their vices, it would be easy to teach -them the best and holiest precepts. - - - -265 a. Military-monkish Orders. The Origin of the Templars, 1119. - - -William of Tyre, bk. xii, chap. 7. Bongars, Gesta Dei per Francos, p. -819 f. - -The Middle Age had two ideals, the monk and the soldier. The monk was -the spiritual, the soldier the military hero. The military-monkish -orders, whose members were both monks and soldiers, represent a fusion -of these two ideals. Several other orders were formed in imitation of -the Templars, such as the Hospitallers, soon after 1119; the German -order, 1190; the Sword Brothers, 1202; the order of Bethlehem; the order -of Calatrava, 1158; the order of Alcantara, 1156; and the Cavalleria de -St. Iago de la Spada, 1161. The fact that all these orders arose on the -borderland between Christians and Mohammedans, that is, in Palestine and -in Spain, would indicate their close connection with the spirit of the -crusades. - -In the same year [1118-19] certain nobles of knightly rank, devout, -religious, and God-fearing, devoting themselves to the service of -Christ, made their vows to the patriarch [of Jerusalem] and declared -that they wished to live forever in chastity, obedience, and poverty, -according to the rule of regular canons. Chief of these were Hugo de -Payens and Geoffrey of St. Omer. Since they had neither a church nor a -house, the king of Jerusalem gave them a temporary residence in the -palace which stands on the west side of the temple. The canons of the -temple granted them, on certain conditions, the open space around the -aforesaid palace for the erection of their necessary buildings, and the -king, the nobles, the patriarch, and the bishops, each from his own -possessions, gave them lands for their support. The patriarch and -bishops ordered that for the forgiveness of their sins their first vow -should be to protect the roads and especially the pilgrims against -robbers and marauders. For the first nine years after their order was -founded they wore the ordinary dress of a layman, making use of such -clothing as the people, for the salvation of their souls, gave them. But -in their ninth year a council was held at Troyes [1128] in France at -which were present the archbishops of Rheims and Sens with their -suffragans, the cardinal bishop of Albano, papal legate, and the abbots -of Citeaux, Clairvaux, and Pontigny, and many others. At this council a -rule was established for them, and, at the direction of the pope, -Honorius III, and of the patriarch of Jerusalem, Stephen, white robes -were appointed for their dress. Up to their ninth year they had only -nine members, but then their number began to increase and their -possessions to multiply. Afterward, in the time of Eugene III, in order -that their appearance might be more striking, they all, knights as well -as the other members of a lower grade, who were called serving men, -began to sew crosses of red cloth on their robes. Their order grew with -great rapidity, and now [about 1180] they have 300 knights in their -house, clothed in white mantles, besides the serving men, whose number -is almost infinite. They are said to have immense possessions both here -[in Palestine] and beyond the sea [in Europe]. There is not a province -in the whole Christian world which has not given property to this order, -so that they may be said to have possessions equal to those of kings. -Since they dwelt in a palace at the side of the temple they were called -"Brothers of the army of the temple." For a long time they were -steadfast in their purpose and were true to their vows, but then they -forgot their humility, which is the guardian of all virtues, and -rebelled against the patriarch of Jerusalem who had assisted in the -establishment of their order and had given them their first lands, and -refused him the obedience which their predecessors had shown him. They -also made themselves very obnoxious to the churches by seizing their -tithes and first-fruits and plundering their possessions. - - - -266. Anastasius IV Grants Privileges to the Knights of St. John -(Hospitallers), 1154. - - -Migne, 188, cols. 1078 ff. - -... In accordance with your request, and following the example of our -predecessors of blessed memory, Innocent [II, 1130-43], Celestine [II, -1143-44], Lucius [II, 1144-45], and Eugene [III, 1145-53], we take under -the protection of St. Peter and of the apostolic see your hospital and -house in Jerusalem, and all the persons and possessions belonging -thereto. And we decree and command that all your goods and possessions, -present and future, which are used for supplying the needs of the -pilgrims and of the poor, whether in Jerusalem or in other churches or -cities, from whatever source they may be acquired, shall remain -unmolested in the hands of you and of your successors. You shall have -the right to build houses and churches and lay out cemeteries on -whatever lands may be given to your house in Jerusalem, provided that no -damage is thereby done to neighboring monasteries and religious houses -which already exist. And you may build chapels and lay out cemeteries -for the use of pilgrims on whatever lands you may acquire. We further -decree that your tax collectors shall be under the protection of St. -Peter and of us, and wherever they may be no one shall dare attack them. -We decree that if any member of your fraternity dies in a territory -which is under the interdict, he shall not be denied a Christian burial -unless he has been excommunicated by name. If any of your members, when -sent out as tax collectors, come to a city, fortress, or village, which -is under the interdict, they may, once a year, open the churches in such -a place and hold divine services in them. - -Since all your possessions should be used only to supply the needs of -the pilgrims and of the poor, we decree that no one, either lay or -cleric, shall presume to levy tithes on the income which you receive -from lands cultivated at your own expense. No bishop shall have the -right to pronounce the sentence of interdict, suspension, or -excommunication in your churches. If a general interdict is put on those -lands in which you are living, you shall have the right to hold divine -services in your churches, provided that all those who are -excommunicated by name be excluded, the doors of the churches closed, -and no bells rung. In order that nothing may be lacking for the care and -salvation of your souls and that you may have the advantages and -blessings of the sacraments and divine services, we grant you the -privilege of receiving into your mother house [at Jerusalem], as well as -into all your dependent houses, all the clergy and priests who may ask -for admission, provided that you first inquire into their character and -ordination, and, secondly, that they are not already members of some -other order. Even though their bishops do not give their consent, you -have, nevertheless, our consent to receive all such clergy, and they -shall not be subject to anyone outside of your order except the bishop -of Rome. You may receive laymen, provided that they are freemen, into -your order to assist in caring for the poor. No man who has been -received into your order, having taken its vows and assumed its dress, -shall ever be permitted to desert and go back to the world. Nor shall -any member be permitted to lay aside the dress of the order and go into -another order or to any other place without the permission of the -brothers and of the master of the order. No person, whether lay or -cleric, shall have the right to receive and harbor any such deserters. -You shall have your altars and churches consecrated, your clergy -ordained, and your other ecclesiastical matters attended to by the -bishop of the diocese [in which you may happen to be], provided that he -is in the favor and communion of the Roman church, and he shall not wish -to charge you anything for these services. Otherwise, you may secure the -services of any catholic bishop. When you, who are now the master of the -order, die, the brothers shall have the right to elect your successor. -We confirm all the possessions which the order has, or may acquire, on -both sides of the sea [that is, in Asia and in Europe].... - -In 1162, Alexander III granted the same privileges to the Templars. - - - -267. Innocent III Orders the Bishops of France to Guard against Simony -in the Monasteries, 1211. - - -Migne, 217, col. 198. - -In spite of numerous reforms the character of the monks had declined. -The hard and strenuous life of the early monks had given way to one of -luxury and comfort. Men were no longer impelled to seek admission to the -monasteries by the same irresistible religious impulse which in the -earlier centuries had filled the monasteries to overflowing and made the -monks models of piety. The monasteries had become rich and offered a -life of ease to all who should enter them. The monks became aristocratic -and mercenary, refusing to receive applicants who could not pay a -considerable sum of money. In spite of the fact that monasteries were -generally exempt from the control of the local bishop, and directly -under the pope, Innocent III empowers the French bishops to interfere in -the monasteries to correct this abuse. - -Innocent ... to his venerable brothers, the archbishops and bishops in -France, greeting and apostolic benediction. We have often heard from -many persons that the damnable custom, or rather abuse, which has -already been condemned, has grown to such a degree in the monasteries, -nunneries, and other religious houses in France that no new member is -received into them except on the payment of money, so that all become -guilty of simony. Lest we should seem to favor this sin by paying no -heed to these complaints which have so often been made, we command you -by this writing each one to visit all the monasteries in his diocese -once a year and to forbid them to receive anyone on the payment of -money, and we order you to repeat this prohibition in your synods. In -regard to those who may disobey this prohibition, you may inflict on -them whatever punishment you may think best, granting them no right of -appeal. - - - -268. Innocent III Grants the Use of the Mitre to the Abbot of -Marseilles, 1204. - - -Migne, 217, col. 132. - -The mitre was the headdress which bishops wore on important occasions. -Like the pallium it was conferred on them by the pope and symbolized -their high spiritual authority. Occasionally the pope granted its use to -some abbot whom he wished especially to honor. Hence we have the -expression, "a mitred abbot." - -Innocent etc. ... to the abbot of Marseilles.... Because your monastery -has always kept the true faith and been ardently devoted to the Roman -church we have thought that we ought to honor you personally in every -way possible. In order therefore that you may be more zealously devoted -to your divine duties, we have determined to grant you the use of the -mitre. - - - -269. The Friars. The Rule of St. Francis, 1223. - - -Bullarium Romanum, III, i, 229 ff. - -The monk deserted the world and went into a monastery to save his own -soul. The world was left to look after its own salvation. St. Francis -intended that the friars should save their souls by devoting themselves -to the service of others. They were to spend their time in good works, -caring for the sick and miserable, acting as missionaries to the -heathen, preaching, comforting, and inciting to holy living. They were -to be "brothers" to everybody, rendering to each one whatever service -they might see to be necessary or helpful. Like Christ, they were to go -about doing good (Acts 10: 38). St. Francis was possessed with the idea -of imitating Christ in all things, but especially in his service to -others and in his poverty. He took literally the saying of Christ: "The -foxes have holes, and the birds of the air have nests; but the Son of -man hath not where to lay his head" (Matt. 8:20); and so he wished that -his order should not have monasteries or houses of any kind. Poverty is -holy. The brothers should spend all their time on the road, stopping -only where they might find some service to be rendered. They were to be -dependent on charity for everything, even for a place to sleep. The -practice of poverty was in itself meritorious, and the greater the -poverty of his brothers, the greater their merit. But this degree of -poverty was soon found to be unattainable. Before the death of St. -Francis (1226) the order had begun to amass property. - -The first rule of St. Francis was written about 1210. It was probably -composed chiefly of quotations from the gospels. The second rule was -written perhaps about 1217, the third in 1221, and the fourth in 1223. -The first two are lost. The third is preserved in three accounts, which -differ slightly from each other. The fourth, which is given here, was -confirmed by Honorius III in 1223. The testament of St. Francis is in -many respects more important than the rule itself, because it reveals -more clearly his character and ideas. - -From the rule it is easy to determine the organization of the order. The -general minister was the head of the whole order. The provincial -ministers were each at the head of a province. In each province there -were guardians who, for the most part, were at the head of a house or -monastery. - -About the same time, St. Dominic, a Spaniard, established the order of -Preaching Friars, or Dominicans, to combat the rising heresies of the -day. These two orders mutually influenced each other in many ways. They -were also rivals in most things, especially in preaching and learning. -The Dominicans were intrusted with the suppression of heresy. The Friars -completely overshadowed all other orders during the thirteenth and -fourteenth centuries. - -1. This is the rule and life of the Minor Brothers, namely, to observe -the holy gospel of our Lord Jesus Christ by living in obedience, in -poverty, and in chastity. Brother Francis promises obedience and -reverence to pope Honorius and to his successors who shall be -canonically elected, and to the Roman Church. The other brothers are -bound to obey brother Francis, and his successors. - -2. If any, wishing to adopt this life, come to our brothers [to ask -admission], they shall be sent to the provincial ministers, who alone -have the right to receive others into the order. The provincial -ministers shall carefully examine them in the catholic faith and the -sacraments of the church. And if they believe all these and faithfully -confess them and promise to observe them to the end of life, and if they -have no wives, or if they have wives, and the wives have either already -entered a monastery, or have received permission to do so, and they have -already taken the vow of chastity with the permission of the bishop of -the diocese [in which they live], and their wives are of such an age -that no suspicion can rise against them, let the provincial ministers -repeat to them the word of the holy gospel, to go and sell all their -goods and give to the poor [Matt. 19:21]. But if they are not able to do -so, their good will is sufficient for them. And the brothers and -provincial ministers shall not be solicitous about the temporal -possessions of those who wish to enter the order; but let them do with -their possessions whatever the Lord may put into their minds to do. -Nevertheless, if they ask the advice of the brothers, the provincial -ministers may send them to God-fearing men, at whose advice they may -give their possessions to the poor. Then the ministers shall give them -the dress of a novice, namely: two robes without a hood, a girdle, -trousers, a hood with a cape reaching to the girdle. But the ministers -may add to these if they think it necessary. After the year of probation -is ended they shall be received into obedience [that is, into the -order], by promising to observe this rule and life forever. And -according to the command of the pope they shall never be permitted to -leave the order and give up this life and form of religion. For -according to the holy gospel no one who puts his hand to the plough and -looks back is fit for the kingdom of God [Luke 9:62]. And after they -have promised obedience, those who wish may have one robe with a hood -and one without a hood. Those who must may wear shoes, and all the -brothers shall wear common clothes, and they shall have God's blessing -if they patch them with coarse cloth and pieces of other kinds of cloth. -But I warn and exhort them not to despise nor judge other men who wear -fine and gay clothing, and have delicious foods and drinks. But rather -let each one judge and despise himself. - -3. The clerical brothers shall perform the divine office according to -the rite of the holy Roman church, except the psalter, from which they -may have breviaries. The lay brothers shall say 24 Paternosters at -matins, 5 at lauds, 7 each at primes, terces, sexts, and nones, 12 at -vespers, 7 at completorium, and prayers for the dead. And they shall -fast from All Saints' day [November 1] to Christmas. They may observe or -not, as they choose, the holy Lent which begins at epiphany [January 6] -and lasts for 40 days, and which our Lord consecrated by his holy fasts. -Those who keep it shall be blessed of the Lord, but those who do not -wish to keep it are not bound to do so. But they shall all observe the -other Lent [that is, from Ash-Wednesday to Easter]. The rest of the time -the brothers are bound to fast only on Fridays. But in times of manifest -necessity they shall not fast. But I counsel, warn, and exhort my -brothers in the Lord Jesus Christ that when they go out into the world -they shall not be quarrelsome or contentious, nor judge others. But they -shall be gentle, peaceable, and kind, mild and humble, and virtuous in -speech, as is becoming to all. They shall not ride on horseback unless -compelled by manifest necessity or infirmity to do so. When they enter a -house they shall say, "Peace be to this house." According to the holy -gospel, they may eat of whatever food is set before them. - -4. I strictly forbid all the brothers to accept money or property either -in person or through another. Nevertheless, for the needs of the sick, -and for clothing the other brothers, the ministers and guardians may, as -they see that necessity requires, provide through spiritual friends, -according to the locality, season, and the degree of cold which may be -expected in the region where they live. But, as has been said, they -shall never receive money or property. - -5. Those brothers to whom the Lord has given the ability to work shall -work faithfully and devotedly, so that idleness, which is the enemy of -the soul, may be excluded and not extinguish the spirit of prayer and -devotion to which all temporal things should be subservient. As the -price of their labors they may receive things that are necessary for -themselves and the brothers, but not money or property. And they shall -humbly receive what is given them, as is becoming to the servants of God -and to those who practise the most holy poverty. - -6. The brothers shall have nothing of their own, neither house, nor -land, nor anything, but as pilgrims and strangers in this world, serving -the Lord in poverty and humility, let them confidently go asking alms. -Nor let them be ashamed of this, for the Lord made himself poor for us -in this world. This is that highest pitch of poverty which has made you, -my dearest brothers, heirs and kings of the kingdom of heaven, which has -made you poor in goods, and exalted you in virtues. Let this be your -portion, which leads into the land of the living. Cling wholly to this, -my most beloved brothers, and you shall wish to have in this world -nothing else than the name of the Lord Jesus Christ. And wherever they -are, if they find brothers, let them show themselves to be of the same -household, and each one may securely make known to the other his need. -For if a mother loves and nourishes her child, how much more diligently -should one nourish and love one's spiritual brother? And if any of them -fall ill, the other brothers should serve them as they would wish to be -served. - -7. If any brother is tempted by the devil and commits a mortal sin, he -should go as quickly as possible to the provincial minister, as the -brothers have determined that recourse shall be had to the provincial -ministers for such sins. If the provincial minister is a priest, he -shall mercifully prescribe the penance for him. If he is not a priest, -he shall, as may seem best to him, have some priest of the order -prescribe the penance. And they shall guard against being angry or -irritated about it, because anger and irritation hinder love in -themselves and in others. - -8. All the brothers must have one of their number as their general -minister and servant of the whole brotherhood, and they must obey him. -At his death the provincial ministers and guardians shall elect his -successor at the chapter held at Pentecost, at which time all the -provincial ministers must always come together at whatever place the -general minister may order. And this chapter must be held once every -three years, or more or less frequently, as the general minister may -think best. And if at any time it shall be clear to the provincial -ministers and guardians that the general minister is not able to perform -the duties of his office and does not serve the best interests of the -brothers, the aforesaid brothers, to whom the right of election is -given, must, in the name of the Lord, elect another as general minister. -After the chapter at Pentecost, the provincial ministers and guardians -may, each in his own province, if it seems best to them, once in the -same year, convoke the brothers to a provincial chapter. - -9. If a bishop forbids the brothers to preach in his diocese, they shall -obey him. And no brother shall preach to the people unless the general -minister of the brotherhood has examined and approved him and given him -the right to preach. I also warn the brothers that in their sermons -their words shall be chaste and well chosen for the profit and -edification of the people. They shall speak to them of vices and -virtues, punishment and glory, with brevity of speech, because the Lord -made the word shortened over the earth [Rom. 9:28]. - -10. The ministers and servants shall visit and admonish their brothers -and humbly and lovingly correct them. They shall not put any command -upon them that would be against their soul and this rule. And the -brothers who are subject must remember that for God's sake they have -given up their own wills. Wherefore I command them to obey their -ministers in all the things which they have promised the Lord to observe -and which shall not be contrary to their souls and this rule. And -whenever brothers know and recognize that they cannot observe this rule, -let them go to their ministers, and the ministers shall lovingly and -kindly receive them and treat them in such a way that the brothers may -speak to them freely and treat them as lords speak to, and treat, their -servants. For the ministers ought to be the servants of all the -brothers. I warn and exhort the brothers in the Lord Jesus Christ to -guard against all arrogance, pride, envy, avarice, care, and solicitude -for this world, detraction, and murmuring. And those who cannot read -need not be anxious to learn. But above all things let them desire to -have the spirit of the Lord and his holy works, to pray always to God -with a pure heart, and to have humility, and patience in persecution and -in infirmity, and to love those who persecute us and reproach us and -blame us. For the Lord says, "Love your enemies, and pray for those who -persecute and speak evil of you" [cf. Matt. 5:44]. "Blessed are they who -suffer persecution for righteousness' sake, for theirs is the kingdom of -heaven" [Matt. 5:10]. He that endureth to the end shall be saved [Matt. -10:22]. - -11. I strictly forbid all the brothers to have any association or -conversation with women that may cause suspicion. And let them not enter -nunneries, except those which the pope has given them special permission -to enter. Let them not be intimate friends of men or women, lest on this -account scandal arise among the brothers or about brothers. - -12. If any of the brothers shall be divinely inspired to go among -Saracens and other infidels they must get the permission to go from -their provincial minister, who shall give his consent only to those who -he sees are suitable to be sent. In addition, I command the ministers to -ask the pope to assign them a cardinal of the holy Roman church, who -shall be the guide, protector, and corrector of the brotherhood, in -order that, being always in subjection and at the feet of the holy -church, and steadfast in the catholic faith, they may observe poverty, -humility, and the holy gospel of our Lord Jesus Christ, as we have -firmly promised to do. Let no man dare act contrary to this -confirmation. If anyone should, etc. - - - -270. The Testament of St. Francis, 1220. - - -Bullarium Romanum, III, i, pp. 231 ff - -1. While I was still in my sins, the Lord enabled me to begin to do -penance in the following manner: It seemed to me bitterly unpleasant to -see lepers, but the Lord led me among them and gave me pity for them. -And when I left them, that which had been bitter to me was turned into -sweetness of soul and body. And a short time afterward I left the world -[that is, began the religious life]. - -2. And the Lord gave me such faith in churches that I knelt in -simplicity and said, "We adore thee, most holy Lord Jesus Christ, and -all thy churches which are in the world, and we bless thee because thou -hast redeemed the world through thy holy cross." - -3. Afterward the Lord gave, and still gives me, such faith in priests -who live according to the form of the holy Roman church, because of -their clerical character, that if they should persecute me I would still -have recourse to them. And if I were as wise as Solomon and should find -a poor priest in this world, I would not preach against his will in his -church. And I wish to fear, love, and honor all priests as my lords. I -am unwilling to think of sins in them, because I discern in them the Son -of God, and they are my lords. And on this account, I wish to perceive -in this world nothing of the most high Son of God except his most holy -body and his most holy blood which they [the priests] receive in the -sacraments, and they alone administer to others. - -4. And these most holy mysteries I wish to honor and venerate above all -things, and to put them up in honorable places. - -5. And his most holy names and words, wherever I shall find them, in -improper places, I wish to collect, and I ask that they be collected and -put up in honorable places. - -6. We ought to honor and venerate all theologians, who minister to us -the divine word, as those who minister to us the spirit of life. - -7. And afterward the Lord gave me brothers [that is, followers], and no -one showed me what I ought to do, but the Lord himself revealed to me -that I ought to live according to the form of the holy gospel, and I -caused it to be written in a few simple words. - -8. And the pope confirmed the rule. And those who came to adopt this -life gave all they had to the poor. And we were content with one robe, -mended within and without, and those who wished had a girdle and -trousers. - -9. We said the office as other clergymen, the laymen said Paternosters, -and we gladly remained in the churches and we were simple and obedient. - -10. And I labored with my hands, and I wish to labor. And I wish all my -brothers to engage in some honest work. And those who do not know how, -shall learn; not because of the desire to receive wages for their labor, -but to set a good example and to escape idleness. - -11. And when the wages for our labors are not given us, let us go to the -table of the Lord and ask alms from door to door. - -12. The Lord revealed to me this salutation that we should use it: "May -the Lord give thee peace." - -13. The brothers shall guard against receiving the churches and -dwellings which are built for us, unless, as becomes the holy poverty -which we have promised to observe in our rule, they always live there as -pilgrims and strangers. - -14. By their oath of obedience I firmly forbid the brothers, wherever -they are, to ask for a letter from the papal court, either themselves or -through another, in order to secure a church or any position, either in -the hope of securing a place to preach, or because of persecution which -they may suffer. But wherever they shall not be received, they shall -flee to another place to do penance with the blessing of the Lord. - -15. And I earnestly wish to obey the general minister of this -brotherhood, and that guardian whom he may put over me. And I wish to be -so entirely in his hands and so subject to his control that I cannot go, -or do anything, contrary to his will, because he is my lord. - -16. And although I am simple and infirm, I wish always to have a -clergyman who may perform the office for me as is contained in the rule. -And all other brothers are bound by their oaths to obey the guardians, -and perform the office according to the rule. - -17. And if any do not perform the office according to the rule, but wish -to change it in some way, or if there are any who are not catholic, all -the brothers are bound by their oath of obedience to report all such, -wherever they may find them, to the nearest guardian. And the guardian -must watch them night and day, as a man in chains, so that they cannot -escape, until he delivers them into the hands of the general minister. -And the general minister shall send them with brothers who shall guard -them night and day, as a man in chains, until they deliver them to the -cardinal bishop of Ostia, who is the protector and corrector of this -brotherhood. - -18. And the brothers shall not say that this is another rule, because it -is only a reminder, an admonition, an exhortation, and my testament, -which I, your poor brother, Franciscus, make for you, my dear brothers, -that we wholly observe the rule which we have promised to the Lord. - -19. And the general minister and all the other ministers and guardians -are bound by their oath of obedience not to add to, or take from, these -words. But they shall always have this writing in addition to the rule, -and in all the chapters when they read the rule they shall also read -this. I strictly forbid all the brothers, clerical and lay, to put -glosses [explanations] into the rule or this testament in order to -change the simple meaning of their words. But as the Lord enabled me to -say and to write the rule and these words simply and plainly, so you -shall understand them simply and plainly and without gloss. And with -holy works you shall observe them to the end. - -20. And whoever shall observe them shall be filled in heaven with the -blessing of the most high heavenly Father, and in the earth he shall be -filled with the benedictions of His Son, with the most holy Spirit, the -Paraclete, and with all the virtues of heaven and of all the saints. And -I, your poor brother and servant, Franciscus, as far as I can, confirm -to you, within and without, that most holy benediction. Amen. - - - -271. Innocent IV Grants the Friars Permission to Ride on Horseback when -Travelling in the Service of the King of England, 1250. - - -Migne, 217, col. 109. - -Innocent [IV], servant of the servants of God, to his most beloved son -in Christ [Henry III], king of England, sends greeting and apostolic -benediction. Although all Dominicans and Franciscans are forbidden to -ride on horseback we gladly give assent to your prayers and grant those -friars, both Dominican and Franciscan, whom you may wish to take with -you on your journey over sea, our full and free permission to ride on -horseback whenever, on account of the exigencies of the journey, you may -wish them to do so. - - - -272. Alexander IV Condemns the Attacks made on the Friars because of -Their Idleness and Begging, 1256. - - -Denzinger, p. 131. - -The Friars soon became the favorites of the popes, who gave them almost -unlimited concessions and privileges. By these privileges the authority -of the Friars was made far greater than that of the parish priest. -Before long the parish clergy complained that their authority was -weakened and undermined by the Friars. The Friars despised the parish -clergy, who in turn hated the Friars and resented their interference in -the local affairs of the parish. The Friars generally were more lenient -confessors and had more liberal indulgences, and hence the parish priest -soon saw his parishioners deserting him and flocking to the Friars. This -meant not only a diminution of his authority and influence in his own -parish, but also a reduction in his income. He complained also that he -could not maintain strict discipline and holy living in his parish -because his people found it easy to secure light penance and large -indulgences from the Friars. A long and bitter struggle ensued between -them. The two following documents illustrate the criticisms which the -secular clergy made on the Friars. It will be observed that in both -cases the pope condemns these criticisms. - -In 1256 Alexander IV condemned the following sentiments as errors: That -the Friars, both Dominicans and Franciscans, are not in the way to be -saved. Their begging and poverty are neither meritorious nor able to -secure their salvation, because, if they are strong, they ought to work -with their hands and not remain idle in the hope of securing aid from -others. And that they should not have the permission of the pope or -bishops to preach and to hear confession, because by this great harm is -done to the parish clergy. - - - -273. John XXII Condemns the Theses of John of Poilly in which He -Attacked the Friars, 1320. - - -Denzinger, p. 140. - -John of Poilly, a professor of Theology, attacked the Friars and set -forth the following theses, which were condemned as erroneous by John -XXII, 1320: - -1. That all those who confess their sins to Friars who have only a -general licence to hear confession are bound to confess the same sins -again to their own priest. 2. That so long as the edict "Omnis utriusque -sexus" stands, which was enacted in a general council, the pope himself -is not able to release parishioners from the duty of confessing their -sins once a year to their own priest, that is, their parish priest. Nay, -more, not even God himself can do this, because it involves a -contradiction. 3. That the pope has no authority to grant a general -licence to hear confession.{121} - - -{121} The parish priest received a licence to hear confession only in -his own parish, while the Friars received a general licence to hear -confession everywhere. The decree "Omnis utriusque sexus" (All persons -of both sexes) is the twenty-first chapter of the decrees of the Lateran -council of 1215, and concerns the duty of making confession. According -to its terms every Christian must confess at least once a year to his -own parish priest. If he wished to confess to some other priest, he had -first to secure the permission of his parish priest to do so. - - - - -IX. THE CRUSADES - - -The following selections are meant to illustrate briefly (1) the -religious value attaching to crusading, nos. 274-277; (2) the immediate -origin of the crusading movement, nos. 278-280; (3) the disorders and -excesses attending the first crusade, nos. 282, 283; (4) the crusade of -Frederic Barbarossa, no. 285; (5) the activity of the popes in fostering -the crusades, the special inducements offered by them to crusaders, -etc., nos. 284, 287, 288; (6) the commercial interests of the Italian -cities, nos. 286, 288. - - - -274. The Meritorious Character of Martyrdom. Origen, Exhortation to -Martyrdom, 235 A.D., Chaps. 30 and 50. (Greek.) - - -Edited by Paul Koetschau, I, pp. 26 f and 46. - -The chief inducement which the church at first offered crusaders was the -remission of their sins. To lose one's life in fighting against pagans -and infidels, or even to wage war on them, was regarded as closely akin -to martyrdom, and therefore as possessing the power to atone for sins. -Cf. nos. 274-277. As the interest in the crusades declined, the church -found it necessary to offer still other inducements, chiefly of a -secular character. The student should compare the later documents with -the earlier in order to see what new inducements were offered. - -Ch. 30. But we must remember that we have sinned and that there is no -forgiveness of sins without baptism, and that the gospel does not permit -us to be baptized a second time with water and the spirit for the -forgiveness of sins, and that therefore the baptism of martyrdom is -given us. For thus it has been called, as may clearly be implied from -the passage, "Can ye drink of the cup that I drink of? and be baptized -with the baptism that I am baptized with?" [Mark 10:38]. And in another -place it is said, "But I have a baptism to be baptized with; and how am -I straitened till it be accomplished!" [Luke 12:50]. For be sure that -just as the sacrifice of the Saviour was for the whole world, so the -baptism by martyrdom is for the service of many who are thereby cleansed -[of their sins]. For as those sitting near the altar according to the -law of Moses minister forgiveness of sins to others through the blood of -bulls and goats [Heb. 9:13], so the souls of those who have suffered -martyrdom are now near the altar [in heaven] for a particular purpose -and grant forgiveness of sins to those who pray. And at the same time we -know that just as the high priest, Jesus Christ, offered himself as a -sacrifice, so the priests [that is, the martyrs], of whom he is the high -priest, offer themselves as a sacrifice, and on account of this -sacrifice [which they make], they have a right to be at the altar [in -heaven]. - -Ch. 50. Just as we were redeemed with the precious blood of Christ [1 -Peter 1:19], who received the name which is above every name [Phil. -2:9], so by the precious blood of the martyrs will others be redeemed. - - - -275. Origen, Commentary on Numbers, Homily X, 2. (Greek.) - - -I fear therefore that now since there are no more martyrs and the saints -are not offered up as sacrifices [that is, as martyrs], we are not -securing the remission of our sins, and that the devil, knowing that -sins are forgiven by the suffering of martyrs, does not wish to stir up -the heathen to persecute us. - - - -276. Forgiveness of Sins for Those who Die in Battle with the Heathen. -Leo IV (847-55) to the Army of the Franks. - - -Migne, 115, cols. 656, 657; and 161, col. 720. - -Now we hope that none of you will be slain, but we wish you to know that -the kingdom of heaven will be given as a reward to those who shall be -killed in this war. For the Omnipotent knows that they lost their lives -fighting for the truth of the faith, for the preservation of their -country, and the defence of Christians. And therefore God will give them -the reward which we have named. - - - -277. Indulgence for Fighting Heathen, 878. - - -Migne, 126, col. 816. - -John II to the bishops in the realm of Louis II [the Stammerer]. You -have modestly expressed a desire to know whether those who have recently -died in war, fighting in defence of the church of God and for the -preservation of the Christian religion and of the state, or those who -may in the future fall in the same cause, may obtain indulgence for -their sins. We confidently reply that those who, out of love to the -Christian religion, shall die in battle fighting bravely against pagans -or unbelievers, shall receive eternal life. For the Lord has said -through his prophet: "In whatever hour a sinner shall be converted, I -will remember his sins no longer." By the intercession of St. Peter, who -has the power of binding and loosing in heaven and on the earth, we -absolve, as far as is permissible, all such and commend them by our -prayers to the Lord. - - - -278. Gregory VII Calls for a Crusade, 1074. - - -Migne, 148, col. 329. - -Gregory VII barely missed the honor of having begun the crusading -movement. His plan is clear from the following letter. The situation in -1095 was not materially different from that in 1074, and it is probable -that Urban II, when he called for a crusade, had nothing more in mind -than Gregory VII had when he wrote this letter. Gregory was unable to -carry out his plans because he became involved in the struggle with -Henry IV. - -Gregory, bishop, servant of the servants of God, to all who are willing -to defend the Christian faith, greeting and apostolic benediction. - -We hereby inform you that the bearer of this letter, on his recent -return from across the sea [from Palestine], came to Rome to visit us. -He repeated what we had heard from many others, that a pagan race had -overcome the Christians and with horrible cruelty had devastated -everything almost to the walls of Constantinople, and were now governing -the conquered lands with tyrannical violence, and that they had slain -many thousands of Christians as if they were but sheep. If we love God -and wish to be recognized as Christians, we should be filled with grief -at the misfortune of this great empire [the Greek] and the murder of so -many Christians. But simply to grieve is not our whole duty. The example -of our Redeemer and the bond of fraternal love demand that we should lay -down our lives to liberate them. "Because he laid down his life for us: -and we ought to lay down our lives for the brethren" [1 John 3:16]. -Know, therefore, that we are trusting in the mercy of God and in the -power of his might and that we are striving in all possible ways and -making preparations to render aid to the Christian empire [the Greek] as -quickly as possible. Therefore we beseech you by the faith in which you -are united through Christ in the adoption of the sons of God, and by the -authority of St. Peter, prince of apostles, we admonish you that you be -moved to proper compassion by the wounds and blood of your brethren and -the danger of the aforesaid empire and that, for the sake of Christ, you -undertake the difficult task of bearing aid to your brethren [the -Greeks]. Send messengers to us at once to inform us of what God may -inspire you to do in this matter. - - - -279. The Speech of Urban II at the Council of Clermont, 1095. Fulcher of -Chartres. - - -Bongars, Gesta Dei per Francos, I, pp. 382 f. - -In 1094 or 1095, Alexius, the Greek emperor, sent to the pope, Urban II, -and asked for aid from the west against the Turks, who had taken nearly -all of Asia Minor from him. At the council of Clermont Urban addressed a -great crowd and urged all to go to the aid of the Greeks and to recover -Palestine from the rule of the Mohammedans. The acts of the council have -not been preserved, but we have four accounts of the speech of Urban -which were written by men who were present and heard him. We give the -two most important of these accounts. The interest of the speech lies in -the fact that it gave the impulse which started the crusading movement. - -"Most beloved brethren: Urged by necessity, I, Urban, by the permission -of God chief bishop and prelate over the whole world, have come into -these parts as an ambassador with a divine admonition to you, the -servants of God. I hoped to find you as faithful and as zealous in the -service of God as I had supposed you to be. But if there is in you any -deformity or crookedness contrary to God's law, with divine help I will -do my best to remove it. For God has put you as stewards over his family -to minister to it. Happy indeed will you be if he finds you faithful in -your stewardship. You are called shepherds; see that you do not act as -hirelings. But be true shepherds, with your crooks always in your hands. -Do not go to sleep, but guard on all sides the flock committed to you. -For if through your carelessness or negligence a wolf carries away one -of your sheep, you will surely lose the reward laid up for you with God. -And after you have been bitterly scourged with remorse for your faults, -you will be fiercely overwhelmed in hell, the abode of death. For -according to the gospel you are the salt of the earth [Matt. 5:13]. But -if you fall short in your duty, how, it may be asked, can it be salted? -O how great the need of salting! It is indeed necessary for you to -correct with the salt of wisdom this foolish people which is so devoted -to the pleasures of this world, lest the Lord, when He may wish to speak -to them, find them putrefied by their sins, unsalted and stinking. For -if He shall find worms, that is, sins, in them, because you have been -negligent in your duty, He will command them as worthless to be thrown -into the abyss of unclean things. And because you cannot restore to Him -His great loss, He will surely condemn you and drive you from His loving -presence. But the man who applies this salt should be prudent, -provident, modest, learned, peaceable, watchful, pious, just, equitable, -and pure. For how can the ignorant teach others? How can the licentious -make others modest? And how can the impure make others pure? If anyone -hates peace, how can he make others peaceable? Or if anyone has soiled -his hands with baseness, how can he cleanse the impurities of another? -We read also that if the blind lead the blind, both will fall into the -ditch [Matt. 15:14]. But first correct yourselves, in order that, free -from blame, you may be able to correct those who are subject to you. If -you wish to be the friends of God, gladly do the things which you know -will please Him. You must especially let all matters that pertain to the -church be controlled by the law of the church. And be careful that -simony does not take root among you, lest both those who buy and those -who sell [church offices] be beaten with the scourges of the Lord -through narrow streets and driven into the place of destruction and -confusion. Keep the church and the clergy in all its grades entirely -free from the secular power. See that the tithes that belong to God are -faithfully paid from all the produce of the land; let them not be sold -or withheld. If anyone seizes a bishop let him be treated as an outlaw. -If anyone seizes or robs monks, or clergymen, or nuns, or their -servants, or pilgrims, or merchants, let him be anathema [that is, -cursed]. Let robbers and incendiaries and all their accomplices be -expelled from the church and anathematized. If a man who does not give a -part of his goods as alms is punished with the damnation of hell, how -should he be punished who robs another of his goods? For thus it -happened to the rich man in the gospel [Luke 16:19]; for he was not -punished because he had stolen the goods of another, but because he had -not used well the things which were his. - -"You have seen for a long time the great disorder in the world caused by -these crimes. It is so bad in some of your provinces, I am told, and you -are so weak in the administration of justice, that one can hardly go -along the road by day or night without being attacked by robbers; and -whether at home or abroad, one is in danger of being despoiled either by -force or fraud. Therefore it is necessary to reenact the truce, as it is -commonly called, which was proclaimed a long time ago by our holy -fathers. I exhort and demand that you, each, try hard to have the truce -kept in your diocese. And if anyone shall be led by his cupidity or -arrogance to break this truce, by the authority of God and with the -sanction of this council he shall be anathematized." - -After these and various other matters had been attended to, all who were -present, clergy and people, gave thanks to God and agreed to the pope's -proposition. They all faithfully promised to keep the decrees. Then the -pope said that in another part of the world Christianity was suffering -from a state of affairs that was worse than the one just mentioned. He -continued: - -"Although, O sons of God, you have promised more firmly than ever to -keep the peace among yourselves and to preserve the rights of the -church, there remains still an important work for you to do. Freshly -quickened by the divine correction, you must apply the strength of your -righteousness to another matter which concerns you as well as God. For -your brethren who live in the east are in urgent need of your help, and -you must hasten to give them the aid which has often been promised them. -For, as the most of you have heard, the Turks and Arabs have attacked -them and have conquered the territory of Romania [the Greek empire] as -far west as the shore of the Mediterranean and the Hellespont, which is -called the Arm of St. George. They have occupied more and more of the -lands of those Christians, and have overcome them in seven battles. They -have killed and captured many, and have destroyed the churches and -devastated the empire. If you permit them to continue thus for awhile -with impunity, the faithful of God will be much more widely attacked by -them. On this account I, or rather the Lord, beseech you as Christ's -heralds to publish this everywhere and to persuade all people of -whatever rank, foot-soldiers and knights, poor and rich, to carry aid -promptly to those Christians and to destroy that vile race from the -lands of our friends. I say this to those who are present, it is meant -also for those who are absent. Moreover, Christ commands it. - -"All who die by the way, whether by land or by sea, or in battle against -the pagans, shall have immediate remission of sins. This I grant them -through the power of God with which I am invested. O what a disgrace if -such a despised and base race, which worships demons, should conquer a -people which has the faith of omnipotent God and is made glorious with -the name of Christ! With what reproaches will the Lord overwhelm us if -you do not aid those who, with us, profess the Christian religion! Let -those who have been accustomed unjustly to wage private warfare against -the faithful now go against the infidels and end with victory this war -which should have been begun long ago. Let those who, for a long time, -have been robbers, now become knights. Let those who have been fighting -against their brothers and relatives now fight in a proper way against -the barbarians. Let those who have been serving as mercenaries for small -pay now obtain the eternal reward. Let those who have been wearing -themselves out in both body and soul now work for a double honor. -Behold! on this side will be the sorrowful and poor, on that, the rich; -on this side, the enemies of the Lord, on that, his friends. Let those -who go not put off the journey, but rent their lands and collect money -for their expenses; and as soon as winter is over and spring comes, let -them eagerly set out on the way with God as their guide." - - - -280. The Council of Clermont, 1095. Robert the Monk. - - -Bongars, I, pp. 31 f. - -In 1095 a great council was held in Auvergne, in the city of Clermont. -Pope Urban II, accompanied by cardinals and bishops, presided over it. -It was made famous by the presence of many bishops and princes from -France and Germany. After the council had attended to ecclesiastical -matters, the pope went out into a public square, because no house was -able to hold the people, and addressed them in a very persuasive speech, -as follows: "O race of the Franks, O people who live beyond the -mountains [that is, reckoned from Rome], O people loved and chosen of -God, as is clear from your many deeds, distinguished over all other -nations by the situation of your land, your catholic faith, and your -regard for the holy church, we have a special message and exhortation -for you. For we wish you to know what a grave matter has brought us to -your country. The sad news has come from Jerusalem and Constantinople -that the people of Persia, an accursed and foreign race, enemies of God, -'a generation that set not their heart aright, and whose spirit was not -steadfast with God' [Ps. 78:8], have invaded the lands of those -Christians and devastated them with the sword, rapine, and fire. Some of -the Christians they have carried away as slaves, others they have put to -death. The churches they have either destroyed or turned into mosques. -They desecrate and overthrow the altars. They circumcise the Christians -and pour the blood from the circumcision on the altars or in the -baptismal fonts. Some they kill in a horrible way by cutting open the -abdomen, taking out a part of the entrails and tying them to a stake; -they then beat them and compel them to walk until all their entrails are -drawn out and they fall to the ground. Some they use as targets for -their arrows. They compel some to stretch out their necks and then they -try to see whether they can cut off their heads with one stroke of the -sword. It is better to say nothing of their horrible treatment of the -women. They have taken from the Greek empire a tract of land so large -that it takes more than two months to walk through it. Whose duty is it -to avenge this and recover that land, if not yours? For to you more than -to other nations the Lord has given the military spirit, courage, agile -bodies, and the bravery to strike down those who resist you. Let your -minds be stirred to bravery by the deeds of your forefathers, and by the -efficiency and greatness of Karl the Great, and of Ludwig his son, and -of the other kings who have destroyed Turkish kingdoms, and established -Christianity in their lands. You should be moved especially by the holy -grave of our Lord and Saviour which is now held by unclean peoples, and -by the holy places which are treated with dishonor and irreverently -befouled with their uncleanness. - -"O bravest of knights, descendants of unconquered ancestors, do not be -weaker than they, but remember their courage. If you are kept back by -your love for your children, relatives, and wives, remember what the -Lord says in the Gospel: 'He that loveth father or mother more than me -is not worthy of me' [Matt. 10:37]; 'and everyone that hath forsaken -houses, or brothers, or sisters, or father, or mother, or wife, or -children, or lands for my name's sake, shall receive a hundredfold and -shall inherit everlasting life' [Matt. 19:29]. Let no possessions keep -you back, no solicitude for your property. Your land is shut in on all -sides by the sea and mountains, and is too thickly populated. There is -not much wealth here, and the soil scarcely yields enough to support -you. On this account you kill and devour each other, and carry on war -and mutually destroy each other. Let your hatred and quarrels cease, -your civil wars come to an end, and all your dissensions stop. Set out -on the road to the holy sepulchre, take the land from that wicked -people, and make it your own. That land which, as the Scripture says, is -flowing with milk and honey, God gave to the children of Israel. -Jerusalem is the best of all lands, more fruitful than all others, as it -were a second Paradise of delights. This land our Saviour made -illustrious by his birth, beautiful with his life, and sacred with his -suffering; he redeemed it with his death and glorified it with his tomb. -This royal city is now held captive by her enemies, and made pagan by -those who know not God. She asks and longs to be liberated and does not -cease to beg you to come to her aid. She asks aid especially from you -because, as I have said, God has given more of the military spirit to -you than to other nations. Set out on this journey and you will obtain -the remission of your sins and be sure of the incorruptible glory of the -kingdom of heaven." - -When Pope Urban had said this and much more of the same sort, all who -were present were moved to cry out with one accord, "It is the will of -God, it is the will of God." When the pope heard this he raised his eyes -to heaven and gave thanks to God, and, commanding silence with a gesture -of his hand, he said: "My dear brethren, today there is fulfilled in you -that which the Lord says in the Gospel, 'Where two or three are gathered -together in my name, there am I in the midst' [Matt. 18:20]. For unless -the Lord God had been in your minds you would not all have said the same -thing. For although you spoke with many voices, nevertheless it was one -and the same thing that made you speak. So I say unto you, God, who put -those words into your hearts, has caused you to utter them. Therefore -let these words be your battle cry, because God caused you to speak -them. Whenever you meet the enemy in battle, you shall all cry out, 'It -is the will of God, it is the will of God.' And we do not command the -old or weak to go, or those who cannot bear arms. No women shall go -without their husbands, or brothers, or proper companions, for such -would be a hindrance rather than a help, a burden rather than an -advantage. Let the rich aid the poor and equip them for fighting and -take them with them. Clergymen shall not go without the consent of their -bishop, for otherwise the journey would be of no value to them. Nor will -this pilgrimage be of any benefit to a layman if he goes without the -blessing of his priest. Whoever therefore shall determine to make this -journey and shall make a vow to God and shall offer himself as a living -sacrifice, holy, acceptable to God [Rom. 12:1], shall wear a cross on -his brow or on his breast. And when he returns after having fulfilled -his vow he shall wear the cross on his back. In this way he will obey -the command of the Lord, 'Whosoever doth not bear his cross and come -after me is not worthy of me'" [Luke 14:27]. When these things had been -done, while all prostrated themselves on the earth and beat their -breasts, one of the cardinals, named Gregory, made confession for them, -and they were given absolution for all their sins. After the absolution, -they received the benediction and the permission to go home. - - - -281. The Truce of God and Indulgence for Crusaders. The Council of -Clermont, 1095. - - -Mansi, XX, 816. - -The canons of this council in their original form have not been -preserved. We have translated the first two canons as Mansi has -formulated them. See also nos. 240 ff. for truce of God. - -1. It was decreed that monks, clergymen, women, and whatever they may -have with them, shall be under the protection of the peace all the time -[that is, shall never be attacked]. On three days of the week, that is, -Monday, Tuesday, and Wednesday, an act of violence committed by one -person against another shall not be regarded as a violation of the peace -[truce]. But on the remaining four days of the week if anyone does an -injury to another, he shall be held to be a violator of the holy peace -[truce], and he shall be punished as has been decreed. - -2. If anyone out of devotion alone and not for honor or gain sets out -for Jerusalem to free the church of God, the journey shall be regarded -as the equivalent of all penance. - - - -282. Rabble Bands of Crusaders. Ekkehard of Aura, Hierosolimita. - - -Edited by Hagenmeyer, pp. 122 ff. - -The lack of unity and organization in the first crusade gave many -persons an opportunity to plunder and rob and commit all kinds of -violence under the cloak of religion. Because they had taken the cross -they pretended that they were privileged and might do as they pleased. -They attempted to live at the expense of others. This and the following -selection will give an idea of the violence and excesses committed by -them. Their villainous conduct led many devout persons to criticise the -crusading movement very sharply. The events described by Ekkehard -occurred in 1096. He wrote the account between 1103 and 1106. - -Folkmar [a priest] led his following [about 12,000] through Bohemia. -When they came to Neitra, a town of Hungary, the people rose against -them, took some of them prisoners and killed others. Only a very few of -them escaped and they still tell how the sign of the cross appeared in -the sky over them and saved them from imminent death. - -Gotschalk, not a true but a false servant of God, suffered some losses -while passing with his army through Austria. After entering Hungary, as -a remarkable proof of their hypocrisy, they fortified a certain town on -a hill and, after establishing a garrison there, the rest of them began -to plunder the country round about. But the town was soon taken by the -natives and many of the crusaders were killed. Gotschalk, the hireling -and not a pastor, and those who were with him were driven off. - -There arose also in those days a certain knight, named Emicho, a count -from the Rhine region, who for a long time had been infamous because of -his manner of living. Like a second Saul [1 Sam. 10:9-13], he said that -he had been called by divine revelation to engage in this sort of -religious undertaking. He gathered about 12,000 crusaders, and while -passing through the cities along the Rhine, Main, and Danube, led by -their zeal for Christianity, they persecuted the hated race of the Jews -wherever they found them, and strove either to destroy them completely -or to compel them to become Christians. They were joined on the way by -many men and women. When they came to the frontier of Hungary, which is -protected by swamps and forests, they were prevented from entering it by -guards who were stationed there for that purpose; for king Coloman had -heard that the Germans made no distinction between pagans and -Hungarians. The crusaders besieged Wieselburg [at the junction of the -Danube and the Leitha] for six weeks, during which time they suffered a -good many hardships. A foolish quarrel arose among them over the -question who of them should rule as king over Hungary after they had -taken it. They were about to take the city, the walls were broken down -and the inhabitants were fleeing and setting fire to their own houses, -when, in a miraculous manner, the victorious army of crusaders began to -flee, leaving all their provisions and supplies. They escaped with -nothing but their lives. - - - -283. Peter the Hermit. Anonymi Gesta Francorum, 1097-99. - - -Edited by Hagenmeyer, pp. 106 ff. - -The anonymous author of the Gesta Francorum was a knight from southern -Italy who went with Boemund on the crusade. He wrote his account of the -crusade at various times while on the march to Jerusalem. After the -capture of the city and the battle with the Mohammedans before Ascalon, -he added a chapter in which he described those events. From the passage -here given it will be seen that Peter the Hermit played a very -inglorious part in the first crusade. His army did not differ either in -its character or in its fate from those of Folkmar, Gotschalk, and -Emicho. - -One of the divisions of the Franks passed through Hungary. The leaders -of these were Peter the Hermit, Godfrey, his brother Baldwin, and -Baldwin, count of Mt. Henno. These most powerful knights and many -others, whose names I do not know, went by the road which Karl the -Great, the famous king of France, had caused to be made to -Constantinople. But Peter, with a large number of Germans, preceded all -the others to Constantinople, which he reached August 1 [1096]. There he -found some Lombards, [other] Italians, and many others assembled. The -emperor had given them a market and had told them not to cross the -strait until the great body of crusaders should come, because they were -not numerous enough to meet the Turks in battle. But these crusaders -were conducting themselves badly. They were destroying and burning -palaces [in the suburbs of Constantinople], and they stole the lead with -which the churches were covered, and sold it to the Greeks. At this the -emperor became angry and ordered them to cross the strait. But after -they crossed they continued to do all the damage possible, burning and -plundering houses and churches. At length they came to Nicomedia where, -because of the haughtiness of the French, the Lombards, Italians, and -Germans separated from them and chose a leader named Raynald. They then -marched four days into the interior. Beyond Nicæa they found a castle, -named Xerigordon, which had no garrison. They took it and found in it a -good deal of grain, wine, and meat, and an abundance of all kinds of -provisions. The Turks, hearing that the Christians were in this castle, -came to besiege it. Before the gate of the castle was a well and at the -foot of the castle a spring of water. Near this spring Raynald laid an -ambush to catch the Turks. But they came on St. Michael's day [September -29], and discovered the ambuscade and fell upon Raynald and those who -were with him, and killed many of them. Those who escaped fled into the -castle. The Turks laid close siege to the castle and cut off its supply -of water. And the crusaders suffered so from thirst that they bled the -horses and donkeys and drank their blood. And some let down girdles and -pieces of rags into the cistern and squeezed the water out of them into -their mouths. Some even drank urine, and others, to relieve their -thirst, dug holes in the ground and, lying on their backs, covered their -breasts with the moist earth. The bishops and priests comforted them and -urged them not to give up, saying, "Be strong in the faith of Christ, -and fear not those who persecute you, as the Lord said, 'Fear not them -which kill the body, but are not able to kill the soul'" [Matt. 10:28]. -This continued for eight days. Finally the leader of the Germans agreed -with the Turks to betray his companions to them. So, pretending to go -out to fight, he fled to the Turks and many went with him. But those who -would not deny their Lord were killed. The Turks took some prisoners and -divided them like sheep among themselves. Some of these they put up as -targets and shot arrows at them. Others they sold or gave away as if -they were animals. Some took their prisoners home with them as slaves. -In this way some of the Christians were taken to Chorasan, some to -Antioch, some to Aleppo, and still others to other places. These were -the first to suffer a glorious martyrdom for the name of the Lord Jesus. - -Now the Turks, learning that Peter the Hermit and Walter the Penniless -were at Civitot, which is above Nicæa, came thither with great rejoicing -to kill them and those who were with them. Walter was leading his men -out toward Xerigordon when the Turks met them and killed them. But Peter -the Hermit had a short time before gone back to Constantinople because -he could not control his people, who refused to obey him. The Turks then -attacked those who were encamped near Civitot, some of whom they found -asleep, others lying down, and others naked, and killed them. Among them -they found a priest saying mass and killed him at the altar. Those who -were able to escape fled into Civitot. Some sprang into the sea, and -others hid in the woods and mountains. The Turks followed those who went -into the castle, and gathered wood to burn them with the castle. But the -Christians in the castle threw fire into the piles of wood, and the -fire, turned against the Turks, burned some of them. But God delivered -ours from the fire. But at length the Turks took them alive, divided -them among themselves, as they had done before, and scattered them -through all those regions. Some were sent to Chorasan and others into -Persia. All this was done in the month of October [1096]. - - - -284. Eugene III Announces a Crusade, December 1, 1145. - - -Migne, 180, cols. 1064 f. - -Edessa was taken by Zenki, the emir of Mosul, in December, 1144. The -news of this disaster was carried to the west and at the same time an -appeal for help was made. For some time no response was made to this -appeal, but finally Eugene III issued this call, and appointed Bernard -of Clairvaux to preach the crusade. The student will observe that the -pope exercises high authority in secular matters, such as the payment of -interest, the pawning of fiefs, etc. Since the days of Gregory VII -(1073-85), the pope acts as the supreme law-giver in all matters, both -spiritual and secular. - -Eugene, bishop, servant of the servants of God, to his most beloved son, -Louis, the illustrious and glorious king of the Franks, and to his -beloved sons, the princes, and to all the faithful in God in Gaul, -greeting and apostolic benediction. - -From the history of our predecessors we learn how much they labored for -the deliverance of the oriental church. For, in order to deliver it, our -predecessor, Urban II, of blessed memory, sounded, as it were, a -trumpet, and called together the sons of the holy Roman church from all -parts of the world. At his voice, people from beyond the mountains, and -especially the bravest and strongest warriors of the Franks and of Italy -were inflamed with the ardor of love and came together. So a great army -was collected which, with the aid of God, and not without great loss of -life, freed from the filth of the pagans that city in which our Saviour -died for us and left his glorious tomb as a memorial of his suffering -for us. And they took many other cities which, for the sake of brevity, -we omit. By the grace of God and the zeal of your fathers in defending -them, these cities have, up to this time, remained in the hands of the -Christians, and Christianity has been spread in those parts, and other -cities have been valiantly taken from the infidels. But now, because of -our sins and the sins of the people in the east (we cannot say it -without great sorrow and weeping), the city of Edessa, or Rohais, as we -call it, which was the only Christian city in those parts when the -pagans held that country, has been taken by the enemies of the cross of -Christ, and many Christian fortresses have been seized by them. The -archbishop of Edessa and his clergy and many other Christians have been -killed there. The relics of the saints have been trampled under foot by -the infidels and scattered. You know as well as we how great a danger is -threatening the church and the whole Christian world. If you bravely -defend those things which the courage of your fathers acquired, it will -be the greatest proof of your nobility and worth. But if not, it will be -shown that you have less bravery than your fathers. Therefore we exhort, -ask, command, and for the remission of your sins, we order all of you, -and especially the nobles and the more powerful, to arm yourselves -manfully to defend the oriental church, and to attack the infidels and -to liberate the thousands of your brethren who are now their captives, -that the dignity of the Christian name may be increased, and your -reputation for courage, which is praised throughout the world, may -remain unimpaired. Take for your example that Mattathias, who, to -preserve the laws of his country, did not hesitate to expose himself, -his children, and his relatives to death, and to leave all that he -possessed in this world. And finally, by the divine aid, after many -labors, he and his family triumphed over his enemies [1 Maccabees 2:1 -ff.]. - -Wishing, therefore, to provide for your welfare as well as to relieve -the church in the east, we grant to those who, in a spirit of devotion, -shall determine to accomplish this holy and necessary work, by the -authority of God conferred on us, the same remission of sins as our -predecessor, Pope Urban, granted. And we decree that their wives and -children, their goods and possessions, shall be under the protection of -the holy church, of ourselves, and of the archbishops, bishops, and -other prelates of the church of God. And until they return, or their -death is known, we forbid by our apostolic authority any lawsuit to be -brought against them about any of the property of which they were in -peaceful possession when they took the cross. Moreover, since those who -fight for the Lord should not have their minds set on fine clothing, or -personal decoration, or [hunting] dogs, or falcons, or other things -which savor of worldliness, we urge you to take care that those who -undertake so holy a journey shall not deck themselves out with gay -clothing and furs, or with gold and silver weapons, but that they shall -try to supply themselves with such arms, horses, and other things as -will aid them to defeat the infidels. - -If any are in debt but with a pure intention set out on this holy -journey, they shall not pay the interest already due; and if they or -others are pledged to pay the interest, by our apostolic authority we -absolve them from their oath or pledge. If their relatives or the lords -on whose fiefs they live cannot or will not lend them the money -[necessary for the journey], they may pawn their lands and other -possessions to churches, to clergymen, or to others, without the consent -of the lords of their fiefs. In accordance with the grant of our -predecessor and by the authority of omnipotent God, and of St. Peter, -prince of the apostles, which authority is vested in us, we grant such -remission of sins and absolution that whoever shall devoutly undertake -and complete so holy a journey, or shall have died while on the way, -shall have absolution for all his sins which he shall have confessed -with a humble and contrite heart, and he shall receive the reward of -eternal life from God the rewarder of all. - - - -285. The Third Crusade, 1189-90. From the Chronicle of Otto of St. -Blasien. - - -M. G. SS. folio, XX, pp. 318 ff - -The Greek emperor, Isaac Angelus, and Saladin had made an alliance -against the sultan of Iconium, who was their common enemy. Isaac's -hostility to Frederick is explained in part by the fact that he had -promised Saladin to try to prevent the crusaders from reaching -Palestine. It was only natural that the sultan of Iconium should try to -make an alliance with Frederick, since the latter was going to attack -Saladin. But before Frederick reached Iconium, the sultan had divided -his government among his sons, one of whom, Kutbeddin, was governor of -Iconium. Kutbeddin had made an alliance with Saladin and married one of -his daughters. This explains why the treaty with Frederick was broken. - -In order not to confuse the student we have corrected a few errors in -Otto's account. - -In the year 1187, Saladin, king of the Saracens, seeing the very base -conduct of the Christians, and knowing that they were afflicted with -discord, hatred, and avarice, thought the time was favorable and so -planned to conquer all Syria with Palestine. He collected a very large -army of Saracens from all the orient and made war on the Christians. -Attacking them everywhere in Palestine with fire and sword, he took many -fortresses and cities and killed or took prisoner all their Christian -inhabitants, and put Saracen colonists in their place. The king of -Jerusalem and the noble prince, Reinaldus [of Chatillon, governor of -Kerak], and other nobles collected a large army and went out to meet -Saladin. The true cross was carried at the head of the army. But they -were defeated [at the battle of the Horns of Hattin, July 5, 1187] and -many thousands of Christians were slain. The true cross, alas! was -captured by the Saracens, and the Christians were put to flight. The -king and Reinaldus and many others were taken prisoner, and carried off -to Damascus, where ... Reinaldus was beheaded, confessing the true -faith. The pagans were made bold by this victory and took all the cities -of the Christians except Tyre, Sidon, Tripolis, and Antioch, and a few -other cities and fortresses which were the best fortified and most -difficult to take. After taking Acco, where there is a port which had -been the sole refuge of the Christians, they besieged Jerusalem. They -destroyed all the churches about the city, among them those in Bethlehem -and on the Mount of Olives. Finally the Christians surrendered, -Jerusalem was taken, and the holy places were profaned and inhabited by -pagans [Oct. 2, 1187]. - -I think that I should relate that while Jerusalem was besieged by the -pagans, one of the towers of the city was taken, many of the Christians -defending it were slain, and the standard of Saladin was raised over it. -This caused the people to despair and they gave up the defence of the -walls. And on that day the city came very nearly being taken and -destroyed. But a certain German knight, seeing this, and made bold by -the desperate situation, urged some of his companions to join him in -making a bold attack on the enemy. They retook the tower, killed the -pagans in it, tore down the standard of Saladin and threw it to the -ground. By this act, he restored courage to the Christians and persuaded -them to return to the defence of the walls. After the city had -surrendered, as has been said, the sepulchre of the Lord was held in -veneration for the sake of gain.... - -Frederick the emperor, after ending the wars all over Germany and -establishing peace, held a general diet in Mainz at mid-lent [March 27, -1188], and discussed the affairs of state. Papal delegates came to this -diet and told the emperor about the destruction of the church beyond the -sea [in Palestine], and, making complaint in the name of the pope and of -the whole church, begged for his aid. A meeting having been held to -consider the matter, Frederick offered to go to the aid of Jerusalem, -and, for the remission of their sins, he and his son, Frederick, duke of -Suabia, took the cross. Frederick publicly declared that he would avenge -the insult which had been offered the cross, and by his example he -aroused many nobles and a great multitude of various ranks and ages to -take the cross. After these things were done, the cardinals preached the -crusade in various parts of the country and persuaded many to leave -father and mother, wife and children, and lands, for the name of Christ -and to take the cross and follow him across the sea. They raised a large -army. The emperor set the time of departure in May of the following -year. He ordered the poor to provide themselves with at least three -marks [about thirty dollars] for their expenses, and the rich to take as -much money as they could. Under threat of excommunication he forbade -anyone to go who did not have three marks, because he did not wish the -army to be burdened with a useless crowd. After these things were done -in Germany the pope sent cardinals to Philip [II], king of the Franks, -and to Richard, king of the English, and persuaded them to take the -cross. In England and in France he also raised a large army for the -crusade. - -At this time messengers of the sultan of Iconium came to Frederick and, -with the intention to deceive, renewed the treaty with him. They -promised him a free passage through all Cilicia if he would go -peaceably. For Frederick was going to pass with his army through -Cilicia, the land of the sultan, and the pagans, fearing for their land, -preferred to have peace rather than war. But the outcome was not what -they had expected. - -At Pentecost, 1189, Frederick held a general diet at [Regensburg] ... -and had his army gather there. He gave the royal insignia to his son, -king Henry. He appointed a certain income to each of his other sons, -conferred titles on them, and after making all necessary arrangements, -said farewell to all. His son, Frederick, duke of Suabia, the marquis of -Meissen, with the Saxons, and many other princes and bishops, went with -him. And so with a very large army, well equipped and organized, he set -out for the orient to attack Saladin and all the enemies of the cross. -While passing through Hungary its king honored him with many gifts and -gave the army large supplies of flour, wine, and meat. When he entered -Bulgaria the inhabitants tried to block the road. But he forced his way -through, killed many of those who opposed him, took some of them -prisoner, and hung them on the trees along the road. By this he showed -that he was visiting the grave of the Lord not with a pilgrim's wallet, -but with the sword and lance of a warrior. Thus he passed through -Bulgaria and entered Greece. But the Greeks were worse than the -Bulgarians. At the command of the Greek emperor they showed the army no -kindness and even refused to sell them anything to eat. They shut -themselves up in their fortresses, into which they had taken all their -possessions. It made Frederick angry to receive such treatment from -Christians, and so he permitted his army to plunder the country. He -determined to treat the Greeks as pagans because, by their acts, they -showed that they were aiding his enemy, Saladin. His whole army besieged -Philipopolis, a very rich city, and took and plundered it. He likewise -captured a very strong fortress called Demotica. By this he so -frightened the Greeks that he got possession of several fortresses and -cities. After devastating the country and taking much booty, he -compelled the rest of the Greeks to furnish the army with provisions. -These things were done about the end of August [1189]. After consulting -the princes, the emperor determined to pass the winter in Greece. So he -took possession of the country round about, fortified a strong mountain -as a camp for his soldiers and called it Kingsmountain. Having thus -taken up a strong position against Constantinople, he had supplies for -the army brought from the neighboring territory, and thus overcame Greek -treachery with Roman strength and German bravery. He remained there all -winter to the next Easter [March 25, 1190]. The Greeks were unable to -resist his army and always fled before it. - -Now the Greek emperor, not being able to withstand the power of -Frederick, made amends for what he had done, and entered into a treaty -with him. He appeased the army by supplying them with provisions. Thus, -having been reconciled with Frederick, he set him and his army across -the Propontis [March 22-28, 1190, from Gallipolis]. Frederick now -entered Asia with his army. He marched for some time, meeting everywhere -with success, and all the people in Romania [western Asia Minor] -submitted to him. As the emperor approached Iconium, the sultan broke -his treaty, caused all the provisions to be carried into the fortresses, -and, like a barbarian and Scythian, refused to sell the army provisions. -The army suffered from hunger and were compelled to eat the flesh of -mules, donkeys, and horses. Besides, the pagans attacked the rear and -those who went out foraging, and killed some of them. In this way they -hindered the army. Our troops wished to meet the Saracens in open battle -and often drew themselves up in battle array, but the Saracens always -withdrew and refused to join in a general engagement. Now although the -army was annoyed in this way and was suffering from hunger and want, the -emperor, out of regard for the treaty with the sultan, kept his army -from devastating and plundering the country, because he thought the -people were attacking him without the permission of the sultan. But when -he learned from couriers that the sultan had perfidiously ordered the -people to attack him, he was angry, and, declaring the sultan an enemy, -he permitted the army to take vengeance. They devastated Cilicia, -Pamphilia, and Phrygia with slaughter, rapine, fire, and sword, while -the pagan army constantly withdrew before them. The army now turned -toward Iconium, which is the capital of Cilicia, and the chief residence -of the sultan, and quickly took it [May 18, 1190]. It was a very -populous city, well fortified with strong walls and high towers, and had -in its midst an impregnable citadel. It was well supplied with victuals -against a siege, while all the surrounding country was stripped of -provisions, in order that when the emperor came he would not long be -able to support an army there. But God overruled their efforts so that -the outcome was just the opposite of what they sought. For the emperor -suddenly attacked the city with great violence before the third hour of -the day [9 o'clock], killed a great many of the inhabitants and took the -city by storm before the ninth hour [3 o'clock P.M.]. Many people, of -both sexes and of all ages, were put to the sword. The sultan with many -of his nobles fled into the citadel, which the emperor began to besiege -the same day. Now the sultan saw that nothing could resist the force of -the Germans and that, supported by some divine power, they despised -death and without hesitation attacked everything that resisted them. So, -taught by dangerous experience, and thinking it necessary to demand -peace from the emperor, he asked to speak with him. The emperor granted -his request. The sultan then marched out of the citadel and surrendered -at the discretion of the emperor, and gave hostages. After peace was -made the city of Iconium and his kingdom were restored to him. - -The army was thus made rich with spoil and the emperor left Iconium in -triumph. The Armenian princes from all sides began to come to him, among -them Leo, the noblest Christian prince of all that country. They all -welcomed Frederick with joy and thanked him heartily for coming and -attacking the Saracens. They were all well disposed toward him, so he -set out for Tarsus, famous as the birthplace of St. Paul. But God who is -terrible in his doing toward the children of men [Ps. 66:5], showing -that the time had not yet come for showing mercy on Zion [Ps. 102:13], -cut the anchor of the little boat of St. Peter and permitted it to be -tossed about and beaten by the storms of this world. For the great -emperor, Frederick, while on the road to Tarsus, after a part of the -army had crossed a certain river, went into the water to refresh -himself. For it was very hot and he was a good swimmer. But the cold -water overcame him and he sank. So the emperor, powerful by land and -sea, met with an unfortunate death. Some say that this happened in the -Cydnus river, in which Alexander the Great almost met the same fate. For -the Cydnus is near Tarsus. He died in the 38th year of his reign, the -35th of his rule as emperor [June 10, 1190]. If he had lived he would -have been a terror to all the orient, but by his death the army lost all -its courage, and was overwhelmed with grief. His intestines and flesh -were buried in Tarsus, but his bones were carried to Antioch and buried -with royal ceremony. - - - -286. Innocent III Forbids the Venetians to Traffic with the Mohammedans, -1198. - - -Migne, 214, col. 493. - -The maritime cities of Italy took quite a part in the crusades, but -their interests were largely commercial. In all the cities of the -eastern Mediterranean and the Black Sea they tried to get harbor -privileges, freedom from tolls or at least a reduction in them, and -quarters, consisting of a few city blocks, in which their agents or -colonists could reside. They carried on an extensive commerce with the -Mohammedans and cleverly and selfishly made use of the crusades to -increase it. While the church was glad to have their aid in the wars -with the Mohammedans, it found them a disturbing element, because they -were content and wished to end hostilities as soon as they had secured -good commercial advantages. The popes took the position that there -should be no peaceable intercourse between Christians and Mohammedans, -and so tried to prevent all commerce between them. This letter of -Innocent III to the people of Venice illustrates the attitude of the -pope in this matter, informs us what some of the chief articles of -commerce were, and shows how the pope was compelled to make concessions -to the commercial spirit. - -In support of the eastern province [that is, the crusading states], in -addition to the forgiveness of sins which we promise those who, at their -own expense, set out thither, and besides the papal protection which we -give those who aid that land, we have renewed that decree of the Lateran -council [held under Alexander III, 1179], which excommunicated those -Christians who shall furnish the Saracens with weapons, iron, or timbers -for their galleys, and those who serve the Saracens as helmsmen or in -any other way on their galleys and other piratical craft, and which -furthermore ordered that their property be confiscated by the secular -princes and the consuls of the cities, and that, if any such persons -should be taken prisoner, they should be the slaves of those who -captured them. We furthermore excommunicated all those Christians who -shall hereafter have anything to do with the Saracens either directly or -indirectly, or shall attempt to give them aid in any way so long as the -war between them and us shall last. But recently our beloved sons, -Andreas Donatus and Benedict Grilion, your messengers, came and -explained to us that your city was suffering great loss by this our -decree, because Venice does not engage in agriculture, but in shipping -and commerce. Nevertheless, we are led by the paternal love which we -have for you to forbid you to aid the Saracens by selling them, giving -them, or exchanging with them, iron, flax (oakum), pitch, sharp -instruments, rope, weapons, galleys, ships, and timbers, whether hewn or -in the rough. But for the present and until we order to the contrary, we -permit those who are going to Egypt to carry other kinds of merchandise -whenever it shall be necessary. In return for this favor you should be -willing to go to the aid of the province of Jerusalem and you should not -attempt to evade our apostolic command. For there is no doubt that he -who, against his own conscience, shall fraudulently try to evade this -prohibition, shall be under divine condemnation. - - - -287. Papal Protection of Crusaders. Innocent III Takes the King of the -Danes under his Protection, 1210. - - -Migne, 216, col. 258. - -We commend you because, fired with zeal for the orthodox faith and for -the praise of God and for the honor of the Christian religion, you have -taken the cross and have drawn your royal sword to repress the cruelty -of an infidel people [the Turks]. And we also give you our apostolic -favor, and take under the protection of St. Peter as well as under our -own your person and your kingdom with all your possessions, decreeing -that so long as you are engaged in this work all your possessions shall -remain intact and free from all molestation. Nevertheless we urge upon -you to take all possible precautions to protect you and yours, in order -that you may not suffer any loss.{122} - - -{122} From this sentence it may be inferred that the papal protection -was not always respected. It sometimes failed to protect the possessions -of a crusader from violence and seizure. - - - -288. Innocent III and the Lateran Council Announce a Crusade, 1215. - - -Bullarium Romanum (Rome, 1740), Vol. III, para. i, pp. 173 ff. - -It was the greatest ambition of Innocent III to recover Palestine from -the Mohammedans. During his pontificate he never lost sight of this -object. One of the chief purposes of the Lateran council which he called -together in 1215, was to arrange for a universal crusade. This decree -shows his earnestness in the matter, but at the same time betrays the -difficulties which were in the way. (1) The character of the clergy was -not such as to insure the best results, and their conduct was not above -reproach. They were jealous of each other, and intrigued to secure -places to which much honor and rich livings were attached (par. 2). (2) -Many who took the cross afterwards refused to go. Some had no doubt made -the vow in a moment of enthusiasm; others, in a calculating spirit, -hoping to gain some reputation, or secure some advantage, such as an -extension of time in the payment of their debts, the cancellation of -interest, the freedom from local taxation, or feudal dues, the right to -raise money by pawning their fiefs, etc. (pars. 4, 10, and 11). (3) -There was a general unwillingness on the part of the rich to go in -person on a crusade. Nor were they all willing to equip someone to go in -their place (pars. 5 and 6). (4) The commercial interests and spirit of -the Italian cities were stronger than their religious sentiment, and led -them to sell arms and ships to the Mohammedans, and even to serve in -important positions on their boats (pars. 12, 13, and 14). (5) The -warlike spirit of the west had found a new outlet in the bloody -tournaments which were now much in fashion, and the feuds and private -warfare offered the ambitious and adventurous knight a convenient field -for the constant exercise of arms (pars. 15 and 16). - -In spite of his great efforts, many things made the execution of -Innocent's plan impossible. The popular days of the crusades were over. -Innocent escaped a bitter disappointment only by his death, which -occurred the following year, 1216. - -Since we earnestly desire to liberate the holy land from the hands of -the wicked, we have consulted wise men who fully understand the present -situation. And at the advice of the holy council we decree that all -crusaders who shall determine to go by sea shall assemble in the kingdom -of Sicily a year from the first of next June. They may gather at their -convenience either at Brindisi, Messina, or in any other place on either -side of the strait. If the Lord permits, we shall also be there in order -that the Christian army may, with our advice and aid, be well organized, -and set out with the divine benediction and papal blessing. - -1. Those who determine to go by land shall be ready at the same date, -and they shall keep us informed of their plans in order that we may send -them a suitable legate to counsel and aid them. - -2. All clergymen of whatever rank, who go on the crusade, shall -diligently devote themselves to prayer and exhortation, by word and -example teaching the crusaders always to have the fear and the love of -God before their eyes and not to say or do anything to offend the divine -majesty. Even if they sometimes fall into sin, they shall rise again by -true penitence. They shall show humility of heart and of body, and -observe moderation in their way of living and in their dress. They shall -altogether avoid dissensions and rivalries, and shun hatred and envy. -Thus, equipped with spiritual and material arms, they shall fight more -securely against the enemies of the faith, not resting on their own -power but hoping in the divine strength. - -3. These clergymen shall receive all the income of their benefices for -three years, just as if they were residing in them, and, if it is -necessary, they may pawn their benefices for the same length of time. - -4. In order that this holy undertaking may not be prevented or delayed, -we earnestly command all prelates, each in his own locality, to urge and -insist that all who have taken the cross fulfil their vows to the Lord. -And, if necessary, they may compel them to do so, in spite of all their -subterfuges, by putting their persons under excommunication and their -lands under the interdict. We except, however, those who may find some -real hindrance in the way, on account of which we may decide that their -vow may be commuted or put off. - -5. In addition to these things, that nothing relating to Christ's -business may be neglected, we command patriarchs, archbishops, bishops, -abbots, and all others who have the care of souls, zealously to preach -the crusade to those who are under their charge, by the Father, Son, and -Holy Spirit, one only true eternal God, beseeching kings, dukes, -princes, marquises, counts, barons, and other magnates, as well as the -communes of cities, villages, and towns, that those who do not go in -person to aid the holy land may, in proportion to their wealth, furnish -a suitable number of fighting men and provide for their necessary -expenses for three years. This they shall do for the remission of their -sins according to the terms published in our general letter, and, for -the sake of greater clearness, repeated below. Not only those who give -their own ships, but also those who shall try to build ships for this -purpose, shall have a share in this remission of sins. - -6. If any shall be found so ungrateful to the Lord as to refuse, we warn -them that they must answer for it to us before the terrible judge on the -last day. Let all such consider with what conscience and what security -they will be able to make their confession before the only begotten Son -of God, Jesus Christ, into whose hands the Father has given all things, -if, in this matter which so peculiarly concerns them, they refuse to -obey him who was crucified for sinners, by whose favor and goodness they -live and are sustained, nay, more, by whose blood they are redeemed. - -7. Lest we should seem to put on other men's shoulders burdens so heavy -that we would not so much as put a finger to them, like those who say, -but do not, we give 30,000 pounds out of our savings for this work, and -besides the passage-money which we give all crusaders from Rome and the -surrounding country, we also give 3,000 silver marks which are left in -our hands from the gifts of certain Christians, the rest having been -spent for the benefit of the holy land by the patriarchs of Jerusalem -and the masters of the Templars and the Hospitallers. - -8. Since we wish all other prelates and clergy to have a share in this -meritorious work and its reward, we, with the approval of the council, -decree that all the clergy of whatever rank shall, for three years, give -the twentieth of the income of their churches to the aid of the holy -land, and for the collection of it we shall appoint certain persons. We -except from this tax certain monks and also those who shall take the -cross and go in person on the crusade. - -9. Moreover, we and our brethren, the cardinals of the holy Roman -church, will pay a tenth of our incomes; and let all know that they must -faithfully do this. For any cardinal who shall knowingly commit any -fraud in this matter shall incur the sentence of excommunication. - -10. Now, because it is only just that those who devote themselves to the -service of the heavenly ruler should enjoy some special prerogative, and -since it is a little more than a year until the time set for going, we -decree that all who have taken the cross shall be free from all -collections, taxes, and other burdens. As soon as they take the cross we -receive them and their possessions under the protection of St. Peter and -of ourselves, so that archbishops, bishops, and other prelates are -entrusted with their defence, and besides, other protectors shall be -specially appointed to defend them. And until they return or their death -shall be certainly known, their possessions shall not be molested. And -if anyone shall act contrary to this he shall be restrained by -ecclesiastical censure. - -11. If any of those who go on the crusade are bound by oath to pay -interest, their creditors, under threat of ecclesiastical censure, shall -be compelled to free them from their oath and from the payment of the -interest. If anyone compels them to pay the interest, he shall be forced -to pay it back to them. We order the secular authorities to compel the -Jews to remit the interest to all crusaders, and until they do remit it -they shall have no intercourse with Christians. If any are not able for -the present to pay their debts to Jews, the secular authorities shall -secure an extension of time for them, so that after they have set out on -the journey until their return or their death is certainly known, they -shall not be disturbed about the interest. The Jews shall be compelled, -after deducting the necessary expenses, to apply the income which they -receive in the meantime from the property which they hold in pawn, -toward the payment of the debt; since a favor of this kind, which defers -the payment but does not cancel the debt, does not seem to cause much -loss. Moreover, all prelates must know that they will be severely -punished if they are lax in securing justice for crusaders or their -families. - -12. Since corsairs and pirates greatly impede the work by taking and -robbing those who are going to, or returning from, the holy land, we -excommunicate all who aid and protect them. Under the threat of anathema -we forbid anyone knowingly to have anything to do with them in buying or -selling, and we command all rulers of cities and other places to prevent -them from practising this iniquity. Otherwise, since not to interfere -with the wicked is the same as to aid them, and since he who does not -prevent a manifest crime is suspected of having a secret share in it, we -command all prelates to exercise ecclesiastical severity against their -persons and lands. - -13. Besides, we excommunicate and anathematize those false and impious -Christians who, against Christ and the Christian people, furnish the -Saracens with arms, irons, and timbers for their galleys. If any who -sell galleys or ships to the Saracens, or accept positions on their -piratical craft, or give them aid, counsel, or support with regard to -their [war] machines to the disadvantages of the holy land, we decree -that they shall be punished with the loss of all their goods, and they -shall be the slaves of those who capture them. We command that this -decree be published anew every Sunday and Christian feast day in all the -maritime cities, and the bosom of the church shall not be opened to -offenders against it unless, for the support of the holy land, they give -all that they have gained from such a damnable business, and as much -more from their possessions, so that they shall be justly punished for -their crimes. But if they cannot pay, they shall be punished in some -other way, in order that by their punishment others may be prevented -from impudently attempting things of the same sort. - -14. We forbid all Christians for the next four years to send their -ships, or permit them to be sent, to lands inhabited by Saracens, in -order that a larger supply of vessels may be on hand for those who wish -to go to the aid of the holy land, and also that the Saracens may be -deprived of that aid which they have been accustomed to get from this. - -15. Although tournaments have been prohibited by many councils under the -general threat of punishment, we forbid them for three years under the -threat of excommunication, because the crusade is hindered by them. - -16. Since, for the accomplishment of this work, it is necessary that -Christian princes and peoples live in peace, and in order that the -clergy may be able to make peace between all who are quarreling, or -persuade them to make an inviolable truce, with the approval of the holy -universal council we decree that a general peace shall be observed in -the whole world for at least four years. And those who shall refuse to -observe this peace shall be compelled to do so by excommunication of -their persons and interdict on their lands, unless they have been so -malicious in inflicting injuries on others that they themselves do not -deserve the protection of such a peace. If they disregard the censure of -the church, the ecclesiastical authorities shall invoke the secular -power against them as disturbers of the business of Christ. - -17. Trusting, therefore, in the mercy of omnipotent God and the -authority of Saints Peter and Paul, and by the authority to bind and -loose, which God has given us, to all who shall personally and at their -own expense go on this crusade we grant full pardon of their sins, which -they shall repent and confess, and, besides, when the just shall receive -their reward we promise them eternal salvation. And to those who shall -not go in person, but nevertheless at their own expense and in -proportion to their wealth and rank shall send suitable men, and -likewise to those who go in person but at the expense of others, we -grant the full pardon of their sins. All who shall give a fitting part -of their wealth to the aid of the holy land shall, in proportion to -their gifts and according to the degree of their devotion, have a share -in this forgiveness. This universal council wishes to aid in the -salvation of all who piously set out on this work, and therefore grants -them in common the benefit of all its merits. Amen. - -Given at the Lateran, 19 kal. Jan., year 18 of our pontificate. - - - - -X. SOCIAL CLASSES AND CITIES IN GERMANY - - - -289. Otto III Forbids the Unfree Classes to Attempt to Free Themselves, -_ca._ 1000. - - -Altmann und Bernheim, no. 61. - -In the tenth century a large part of the peasant population of Germany -was unfree. But from this decree of Otto III it is apparent that they -were trying to escape from this condition. From various causes they had -been able to avoid rendering their servile dues, and had, on that -account, asserted their freedom. - -While the number of unfree was great, they were not all equally unfree. -The lowest grade were slaves in the real sense of the word; that is, -they were chattels. But this class was not numerous and was tending to -disappear. The highest grade was composed of those who were personally -free, and who could amass property; but they were unfree in that they -had no legal status. That is, they could not appear in court as a party -to a suit, nor could they testify as witnesses. In all legal matters -they had to have some one to represent them in the court. These are the -two extremes, between which there were a great many unfree classes or -groups, each differing from the other in the degree of personal or -property rights which they possessed. An idea of some of these classes -will be gained from the following documents. - -There is need of careful legislation because the princes of the empire, -both lay and clerical, rich and poor, the higher as well as the lower, -make frequent complaints that they are not able to obtain from their -unfree subjects those services to which they have a right. For some -falsely declare that they are free because their lords, in many cases, -cannot prove the servitude which they [their unfree subjects] are trying -in a dishonest way to escape. Others are trying to rise to the honor of -freedom because their lords have, for a long time, been hindered from -knowing anything about their unfree subjects, and hence the latter have -not been kept in their accustomed state of servitude, nor are they -forced to pay a tax as a proof of their unfree state. So on this account -they declare that they are free and boast that they have lived in -freedom, because for a short time they have not fulfilled their servile -duties. Therefore we have issued this imperial law: (1) If a serf, led -by his desire for liberty, says that he is free, his lord may settle the -case by a duel with him, fighting either in person or by his champion -[representative], as he may wish. The lord is given this privilege -because of the great difficulty there is in proving such things in the -regular way. The unfree man may secure a champion for himself if, -because of age or disease, he is unable to fight.(2) In order that the -unfree may not hide his real condition by avoiding his duties for a -time, we decree by this our edict, which, with the help of God, shall be -valid forever, that hereafter each one shall show his servile condition -by paying a denar of the ordinary currency every year on the first of -December to his lord or to the agent whom he shall appoint for this -purpose. (3) The children of the free shall begin to pay this tax as a -proof of their servile condition in their twenty-fifth year and at the -appointed time. And no matter how long they may avoid paying this tax, -they shall not thereby become free. (4) If any unfree man belonging to -the church shall disobey this edict, he shall be fined one-half of all -his goods and he shall be reduced to his former unfree condition. For an -unfree man of the church may never become free. We strictly forbid the -unfree of the churches to be set free, and we order all those who have, -by any device, been freed to be reduced to servitude again. - - - -290. Henry I Frees a Serf, 926. - - -Bresslau, Centum Diplomata, pp. 3 f. - -There were many ways in which a serf could be set free, but after 850 -the form used in this document was not uncommon. A freeman was to a -great extent dependent on his relatives as witnesses. He could not prove -his freedom without their testimony. When a serf was set free he was -without a family, because his relatives, being serfs, could not testify -in court. The charter which the king gave him was the only evidence of -freedom which he possessed. It took the place of the testimony of his -relatives. - -When a serf was freed he became a "freedman." But generally he was not -entirely free, for there was still a personal bond between him and his -lord, to whom he must pay a poll-tax. The coin which was knocked out of -his hand symbolized this poll-tax. That is, his offer to pay the -poll-tax is rejected, the coin is knocked out of his hand as a symbol -that he is now entirely free, and is no longer bound to pay the -poll-tax. - -In the name of the holy and undivided Trinity. Henry, by the divine -clemency king. Let all our faithful subjects, both present and future, -know that at the request of Arnulf, our faithful and beloved duke, and -also to increase our eternal reward, we have freed a certain priest, -named Baldmunt, who is our serf, born on the land of the monastery of -Campido. We freed him by striking a penny out of his hand in the -presence of witnesses, according to the Salic law, and we have thereby -released him entirely from the yoke of servitude. And by this writing we -have given a sure proof of his freedom and we desire that he shall -remain free forever. We ordain that the said Baldmunt, the reverend -priest, shall enjoy such freedom and have such rights [that is, have the -same legal status] as all those have who up to this time have been set -free in this way by the kings or emperors of the Franks. - - - -291. Henry III Frees a Female Serf, 1050. - - -Bresslau, Centum Diplomata, p. 49. - -See introductory note to no. 290. - -Henry, etc. Let all our faithful Christian subjects, both present and -future, know that we, at the request of a certain nobleman, named -Richolf, have freed a certain one of his female serfs, named Sigena, by -striking a penny out of her hand. We have freed her from the yoke of -servitude, and have decreed that the said Sigena shall in the future -have the same liberty and legal status as all other female serfs have -who have been freed in the same way by kings or emperors.... - - - -292. The Recovery of Fugitive Serfs, 1224. - - -M. G. LL. 4to, IV, 2, no. 287. - -The condition of the serfs was a hard one. They had heavy work, poor -shelter, and bad food. It is not strange that they sought freedom by -running away. The cities offered them a good asylum, for they regarded -it as a part of their law that a serf remaining in a free city a year -and a day without being reclaimed by his lord became free. The lords -objected to this, but without effect. Since the cities refused to -deliver serfs to their lord on demand, it was necessary for the lords to -enter the city and search for them. But in doing so they ran great risk -of being stoned from the house-tops. Henry [VII] prescribed that they -should have protection from the king as well as from the officials of -the city which they wished to search. - -Henry [VII], etc.... When a quarrel arose between our cities of Elsass -and the nobles and ministerials of the same province in regard to the -serfs who had run away and gone to the cities, or might hereafter do so, -... it was settled by the following decision: If a serf belonging to a -noble or ministerial runs away and goes to one of our cities and stays -there, his lord may recover him if he can bring seven persons who are of -the family of the serf's mother, who will swear that he is a serf, and -belongs to the said lord. If the lord cannot secure seven such -witnesses, he may bring two suitable witnesses from among his neighbors, -who will swear that before the serf ran away the said lord had been in -peaceable possession of him, ... and he may then recover his serf. We -also decree and command that all nobles and ministerials who wish to -recover their serfs may enter a city for this purpose with our -permission and protection, and no one shall dare injure them. At their -request a safe-conduct shall be furnished them by the _Schultheissen_ -and council of the city. - - - -293. The Rank of Children Born of Mixed Marriages is Fixed, 1282. - - -Altmann und Bernheim, no. 76. - -We, Rudolf, by the grace of God king, Augustus, wish by this writing to -inform all that while we were holding court at Germersheim on -Ash-Wednesday our faithful and beloved subject, Adolf, count of Monte, -presented the following question for an official decision: If free -peasants contract marriage with unfree, or with others whether of a -higher or lower social status, what shall be the status of the children -born of such mixed marriages? And all who were present declared that -children should always have the rank of that one of its parents who has -the lower social status. And by this writing we confirm this decision as -a reasonable one. - - - -294. Frederick II Confers Nobility, about 1240. - - -Altmann und Bernheim, no. 74. - -There was a noble class among the ancient Germans. As they established -themselves on Roman soil, the nobility itself underwent a change and it -was added to in various ways. Through great possessions in land, and -through appointment to office, which generally led to the acquisition of -lands, an aristocratic class was formed which came to be regarded as -noble. From the tenth century the man who fought on horseback was a -knight, and hence of the noble class. As the class became conscious of -itself and its privileges, it tended to put up barriers and exclude from -its ranks all except those who were born into it. Thus in the days of -Barbarossa if a knight were challenged by another, he could refuse to -fight him unless the challenger could prove that his grandfather was a -knight. - -Frederick, etc. We wish all to know that A---- of N---- has told us that -although his father was not a knight yet he wishes to become one. He -therefore besought us to make him a knight. In order to reward the -faithfulness of him and of his family we grant his petition and, out of -the fulness of our power, we grant that, although his father was not a -knight, and although our laws forbid anyone to be a knight who is not -born of a noble family, he may nevertheless with our permission put on -the military girdle, and we forbid all people to hinder or prevent him -from doing this. - - - -295. Charles IV Confers Nobility on a Doctor of Both Laws, 1360. - - -Altmann und Bernheim, no. 78. - -The king by virtue of his royal power could confer nobility on all whom -he wished. The document of Charles IV is especially interesting as -showing the degree of honor attaching to learning. The learned man was, -because of his learning, the equal of the noble. He who had taken the -Master's degree in both laws was thereby raised to the same social plane -as the knight, but, of course, was not thereby knighted. Charles IV -recognized this principle and conferred knighthood on his friend, the -professor, who had received this degree. - -Charles IV, by divine clemency emperor of the Romans, Augustus, and king -of Bohemia, sends his favor and wishes all good to the honorable Wycker, -_scholasticus_{123} of the church of St. Stephen of Mainz, his [that -is, the emperor's] chaplain, intimate table companion, and devoted and -beloved member of his household. - -Beloved and devoted: Although, according to your birth and to the -standards of the world, you were not born of a noble family and are not -reckoned as a knight, nevertheless, because you are adorned with so -great and remarkable knowledge of both the civil and canon law, that it -supplies what you lack by birth [that is, nobility], in imitation of our -predecessors, the emperors of great and renowned memory, we regard your -knowledge and ability as the equivalent of nobility, and out of the -fulness of our imperial power we decree that you are noble and knightly, -and of the same rank, honor, and condition as any other noble and -knight. Therefore we strictly command all princes, ecclesiastical and -secular, counts, chiefs, nobles, and all our other faithful subjects, to -whom this letter may come, under threat of the loss of imperial favor, -to regard, hold, and treat you as such [that is, as a knight], in all -places; and out of reverence for the holy empire to admit you to all the -rights, privileges, etc., which noblemen are accustomed to enjoy.... - - -{123} That is, he was a professor in the school connected with that -church. - - - -296. The Law of the Family of the Bishop of Worms, 1023. - - -Altmann und Bernheim, no. 62; M. G. LL. 4to, I. pp. 640 ff. - -The bishop of Worms was a large landholder, possessing a great deal of -the land in the city as well as in the country. This land may be divided -into two groups according to the way in which it was held and tilled. -Some of it was let out as fiefs, and from this the bishop received only -the regular feudal dues according to the terms on which he let it out. -The rest of his land was called the domain, and was tilled by serfs who -lived on it and were attached to it. There was great variety in the -condition of the serfs. Some of them had little or no right to the -products of their labors, except to what they needed to eat and wear. It -would of course be impossible for such to acquire property. Others had a -right to a greater or less share of the products of their labors, and -hence they could amass property. Through their wealth all such could, in -the course of time, improve their condition and rise in the social -scale. All those of this servile group were unfree; they were bondmen of -the church. All of them taken together were called the family of St. -Peter. They were attached to the soil which they tilled, paid a tax in -money or in kind, or rendered services, and were under the protection of -the church and the jurisdiction of the bishop. - -From paragraphs 9, 13, 16, etc., we learn that there were two classes of -these serfs, the _fisgilini_, and the _dagewardi_. Of these the -_fisgilini_ were the higher in the social scale. According to paragraphs -9 and 29 they had a share in the _wergeld_ of members of their family -and they were not compelled to render services except of a certain kind -or in certain departments of the bishop's household. The services which -they were bound to render were considered less servile, less ignoble, -than those required of the _dagewardi_. From these facts it is inferred -that their ancestors had at one time been free, but had surrendered -their lands and their freedom and become bondmen of the church for the -sake of securing protection. Bishops and abbots were generally regarded -as lenient lords in comparison with secular princes, and many preferred -to become bondmen of the church rather than of secular lords. The lands -which they held they passed on from father to son (par. 2 and 3), and -they could amass property and dispose of it (par. 1 and 4). From -paragraphs 26, 27, and 28 there seems to have been some difference -between the _fisgilini_ who lived in the city and those who lived in the -country. The former were no doubt artisans, the latter, peasants. But it -is not clear what other differences existed between them. - -Besides these bondmen, mention is made in the introduction and par. 14 -of knights and freemen. These were the vassals of the bishop, holding -the lands of the church as fiefs. They were not included in the "family -of St. Peter." - -Three officials are mentioned. (1) The advocate was a layman who -represented the bishop and the church in all secular matters, held the -three regular courts of the year, collected the fines which fell to the -bishop, etc. In theory he was the protector of the church against all -violence and oppression, but not infrequently he took advantage of his -position, and by threats and other unjust measures oppressed the church -and extorted money from it. (2) The _vidame_ was the aid or -representative of the advocate and assisted him in the administration of -his office. (3) The "official" of the introduction is the same as the -"local official" in paragraphs 2, 12, and 24. As the people on these -lands lived in villages, he was probably the official whom the bishop -entrusted with the government of the village. He held the local or -village court. (See note to par. 13.) There were _scabini_ or -_Schoeffen_ who assisted all these officials in administering justice -(see Glossary). - -In par. 29 we have the origin of a new class which came to be called -ministerials. Since no. 297 treats of them especially, the student is -referred to it for a discussion of this class. - -Although not logically arranged, this document is in fact a little code -of laws for the government of the bondmen of the church. A careful -analysis of each paragraph is recommended and the student will find it -profitable to attempt a classification of its provisions. The laws -concerning the different classes should at least be grouped together. - -This family of St. Peter may be regarded as a partial cross section of -the society in and about Worms, showing many of the layers of which that -society was composed. The bishop's lands were no doubt scattered about, -and not in one mass. So there were other serfs, probably of different -grades, as were the _fisgilini_ and _dagewardi_, and other freemen, -knights, etc., living as neighbors to the serfs and vassals of the -bishop. - -Because of the frequent lamentations of my unfortunate subjects and the -great injustice done them by many who have habitually wronged the family -of St. Peter, imposing different laws upon them and oppressing all the -weaker ones by their unjust judgments and decisions, I, Burchard, bishop -of Worms, with the advice of my clergy, knights, and of all my family, -have ordered these laws to be written, in order that hereafter no -advocate, nor vidame, nor official, nor any other malicious person may -be able to add any new law to the detriment of the afore-mentioned -family, but that the whole family, rich and poor alike, may have the -same law. - -1. If anyone of the family of St. Peter legally marries a woman who is -also a member of the family, and gives her a dower and she has peaceable -possession of it for a year and a day, then if the man dies, the wife -shall hold the whole of the dower until she dies. When the woman dies, -if they had no children, the dower goes to the nearest heirs of the man. -If the woman dies first, the same disposition shall be made of it [that -is, it reverts to the husband and his heirs]. If after marriage they -acquire property, when one of them dies, the other shall have it and do -what he will with it. If the wife brought any property to her husband at -the time of marriage, at the death of both, their children, if they have -any, shall inherit it. If they have no children, it shall return to her -relatives unless she gives it away before her death. If the children die -after inheriting it, it shall return to the nearest relatives of their -mother. - -2. If anyone has inherited a piece of land with serfs, and becomes poor -and is forced to sell it, he must first, in the presence of witnesses, -offer to sell it to his nearest heirs. If they will not buy it, he may -sell it to any member of the family of St. Peter. If a piece of land -has, by judicial process, been declared forfeited to the bishop [because -the holder has not paid the proper dues or rendered the due services], -and any one of the heirs of the one who held it wishes to pay the back -dues, he may do so and receive the land. But if no heir wishes to pay -the back dues, the local official may let the land to any member of the -family he may wish, and the one thus receiving it shall hold it. If -after a few years someone comes and says: "I am the heir. I was poor, I -was an orphan, I had no means of support, so I left home and have been -supporting myself in another place by work," and if he tries by his own -testimony alone to dispossess him who, with the consent of the bishop, -received the land, and who has cultivated it well and improved it, he -shall not be able to do so. For since there was no heir at the time who -was willing to pay the back dues, let him to whom the local official -gave it keep it. For [it may be said to the new claimant]: "If you were -the heir, why did you go away? Why did you not stay at home and look -after your inheritance?" No hearing shall be granted him unless he has a -good and reasonable excuse [for his absence]. If anyone who has a piece -of land by hereditary right dies leaving a child as heir, and this child -is not able to render the service due, and there is a near relative who -is willing to render the due service for this land until the heir -becomes of age, he may do so. But let the heir not be disinherited -because of his youth. We beg that he may be treated mercifully in this -matter [that is, that he may receive his inheritance when he comes of -age]. - -3. If anyone on our domain land dies leaving an inheritance, his heir -shall receive it without being bound to give us a present, and -thereafter he shall render the due service for it. - -4. If any member of the family dies leaving free property, unless he has -given it away, his nearest heirs shall inherit it. - -5. If anyone in the presence of witnesses and with the consent of his -wife parts with [alienates] any piece of property, no matter what it is, -the bargain shall stand unless there is some other good reason for -breaking it. - -6. If anyone sells his land or his inheritance to another member of the -family in the presence of one of his heirs, and that heir does not -object at the time, he shall never afterwards have the right to object. -If an heir were not present, but, after learning of the sale, did not -object within that year, he shall afterwards not have the right to -object to it. - -7. If anyone is, by the judgment of his fellows, put "into the bishop's -hand," he and all his possessions are in the bishop's power. - -8. If anyone takes some of his fellows and does some injustice to a -member of the family, he shall pay a fine for himself and for his -accomplices and each one of them shall pay his own fine. - -9. Five pounds of the _wergeld_ of a _fisgilinus_ go to the bishop's -treasury and two and one-half pounds go to his friends [kin]. - -10. If a man and his wife die leaving a son and a daughter, the son -shall receive the inheritance of the servile land [_i.e._, the land -which the father held], and the daughter shall receive the clothing of -her mother and all the cash on hand. Whatever other property there is -shall be divided equally between them. - -11. If anyone has received a piece of land and serfs by inheritance, and -takes his bed because of illness so that he cannot ride on horseback or -walk alone, he shall not alienate [dispose of in any way] the land and -serfs to the disadvantage of his heirs, unless he wishes to give -something for the salvation of his soul. All his other property [that -is, all that he has gained in addition to what he inherited] he may give -to whomever he wishes. - -12. In order that there may not be so many perjuries, if any member of -the family has done some wrong to a fellow-member in the matter of land, -or vineyards, or any other less important thing, and the case has been -brought before the local official, we desire that the local official -shall, with the aid of his fellows, decide the case without having -anyone take an oath. - -13. If any _fisgilinus_ does an injustice, either great or small, he -shall, like the _dagewardus_, pledge five solidi to the treasury of the -bishop and pay five solidi as composition to him to whom he did the -wrong, if he is of the same society. If he is outside his society he -shall pledge one ounce and no oath shall be taken. - -14. If anyone from the bishop's domain lands marries someone who belongs -to a fief which is held from the bishop, he shall continue to be under -the bishop's jurisdiction. If anyone from such a fief marries someone -from the bishop's domain land, he shall continue under the jurisdiction -of the lord of the fief on which he lives. - -15. If anyone marries a foreign woman [that is, one who does not live on -the bishop's territory], when he dies two-thirds of their possessions -shall go to the bishop. - -16. If a _fisgilinus_ marries a _dagewarda_, their children shall be of -the lower rank; and likewise if a _dagewardus_ marries a _fisgilina_. - -17. If anyone makes an unjust outcry in court, or becomes angry and -leaves the court, or does not come in time to the court, and those -sitting in the court with him do not convict him of this, he shall not -take an oath about it, but the _Schoeffen_ shall decide it. - -18. If anyone has a suit against his fellow, he alone shall take an oath -about it. But if it concerns a feud, or is against the bishop, he shall -have six men [compurgators] to take an oath with him. - -19. It has frequently happened that if one lent his money to another, -the borrower would repay as much as he wished and then swear that he -owed no more. In order to prevent perjury we have decreed that the -lender need not accept the oath of the borrower but may, if he wishes, -challenge him to a duel, and so [by defeating him] prove his -indebtedness. If the lender is so important a person that he does not -wish to fight the borrower on such an account, he may appoint someone to -fight for him. - -20. If anyone in the city of Worms is convicted by losing a duel, he -shall pledge sixty solidi. If he is defeated by a member of the family -who lives outside of the city, he shall pay the victor three times the -amount of the fine, because he challenged him unjustly, and he shall pay -the bishop's ban, and twenty solidi to the advocate, or he shall lose -his skin and hair [that is, he shall be beaten and his head shaved]. - -21. If anyone of the family of St. Peter buys a piece of land and serfs -from a free man [that is, one who is not a member of the family], or has -acquired it in any other way, he shall not dispose of it to anyone -outside of the family, unless he exchanges it [for other land and -serfs]. - -22. If anyone attempts to reduce a _fisgilinus_ to the rank of a -_dagewardus_ and subject him to an unjust poll tax [as a symbol of his -servile rank], the _fisgilinus_ shall prove his rank by the testimony of -seven of his nearest relatives, but he shall not hire them for this -purpose. If the charge is made that his father was not a _fisgilinus_, -two female witnesses shall be taken from his father's family and one -from his mother's. If it is said that his mother was not of that rank, -two shall be taken from her family and one from his father's family, -unless he can prove his rank by the testimony of the _Schoeffen_ or of -his relatives. - -23. If any member of the family enters the house of another with an -armed force and violates his daughter, he shall pay to her father, or to -her guardian, three times the value of every piece of clothing which she -had on when she was seized, and to the bishop his ban for each piece of -clothing. And he shall also pay to her father a triple fine and the -bishop's ban. And because the law of the church does not permit him to -marry her, he shall appease her family by giving to twelve members of it -twelve shields and as many lances and one pound of money. - -24. If anyone confesses a debt in the presence of the local official but -the said official has not the time to render a decision that day, and he -who confessed the debt denies it the next day, the said official, if he -had a witness to the confession, shall render the decision in accordance -with the confession. - -25. But if the said official had no witness to the confession, he shall -render the decision according to what the man says in court and not -according to his former confession. - -26. If anyone in the city has inherited a building site, it cannot be -declared forfeited to the bishop unless he has refused to pay the tax -and all other dues for three years. After he has failed to pay these -dues for three years, he shall be summoned to court three times, and if -he wishes to pay all the back dues he may do so and retain the building -site. If he sells the house, he forfeits the building site. - -27. If anyone in the city strikes another so hard that he knocks him -down, he shall pay sixty solidi to the bishop. If he strikes another -with his fist or a light stick without knocking him down, he shall pay -only five solidi. - -28. If anyone in the city draws his sword to kill another or stretches -his bow and puts an arrow on the bow-string, or tries to strike him with -his lance, he shall pay sixty solidi. - -29. If the bishop wishes to take a _fisgilinus_ into his service, he may -put him to work under the chamberlain, or the cup-bearer, or the steward -[dish-bearer], or the master of the horse, or under the official who has -charge of the bishop's lands and collects the dues from them [_i.e._, -the advocate]. But if he does not wish to serve the bishop in any of -these departments of the bishop's household, he may pay four denars -every time the bishop is summoned by the king to call out his men for -the purpose of fighting, and six when the bishop is summoned to -accompany the emperor to Rome, and he must attend the three regular -sessions of court which are held every year, and then he may serve -whomsoever he wishes. - -30. Homicides take place almost daily among the family of St. Peter, as -if they were wild beasts. The members of the family rage against each -other as if they were insane and kill each other for nothing. Sometimes -drunkenness, sometimes wanton malice is the cause of a murder. In the -course of one year thirty-five serfs of St. Peter belonging to the -church of Worms have been murdered without provocation. And the -murderers, instead of showing penitence, rather boast and are proud of -it. Because of the great loss thus inflicted on our church, with the -advice of our faithful subjects, we have made the following laws in -order to put an end to such murders. If any member of the family of St. -Peter kills a fellow member except in self-defence, that is, while -defending either himself or his property [against the attacks of the man -whom he kills], we decree that he shall be beaten and his head shaved, -and he shall be branded on both jaws with a red-hot iron, made for this -purpose, and he shall pay the _wergeld_ and make peace in the customary -way with the relatives of the man whom he killed. And those relatives -shall be compelled to accept this. If the relatives of the slain man -refuse to accept it and make war on the relatives of the murderer, -anyone of the latter may secure himself against their violence by taking -an oath that he knew nothing of the murder and had nothing to do with -it. If the relatives of the slain man disregard such an oath and try to -injure the one who took it, even though they do not succeed in doing so, -they shall be beaten and have their heads shaved, but they shall not be -branded on the jaws. But if they kill him or wound him, they shall be -beaten and their heads shaved, and they shall be branded on the jaws. If -a murderer escapes, all his property shall be confiscated, but his -relatives, if they are innocent, shall not be punished for him. If the -murderer does not flee, but, in order to prove his innocence [that is, -that he acted in self-defence], wishes to fight a duel with some -relative of the slain man, and if he wins [in the duel], he shall pay -the _wergeld_ and satisfy the relatives of the slain man. If no relative -of the slain man wishes to fight a duel with the murderer, the murderer -shall clear himself before the bishop with the ordeal of boiling water, -and pay the _wergeld_, and make peace with the relatives of the slain -man, and they shall be compelled to accept it. If through fear of this -law the relatives of the slain man go to another family [that is, to -people who do not belong to the family of St. Peter], and incite them to -violence against the relatives of the murderer, if they will not clear -themselves by a duel [that is, prove that they did not incite them, -etc.], they shall clear themselves before the bishop by the ordeal of -boiling water, and whoever is proven guilty by the ordeal shall be -beaten, his head shaved, and he shall be branded on the jaws. If any -member of the family who lives in the city kills a fellow member except -in self-defence, he shall be punished in the same way, and besides he -shall pay the bishop's ban, and the _wergeld_, and make peace with the -relatives of the slain man, and they shall be compelled to accept it. If -any foreigner [that is, one who does not belong to the family of St. -Peter] who cultivates a piece of St. Peter's land [that is, holds it as -a fief from the bishop], kills a member of the family of St. Peter -except in self-defence, he shall either be punished in the same way -[that is, by beating, etc.], or he shall lose his fief and he shall be -at the mercy of the advocate and the family of St. Peter [that is, they -may carry on a feud against him, and slay him]. If anyone who is serving -us [that is, anyone who is serving the bishop in one of the five -departments named in paragraph 29] or one of our officials commits such -a crime [that is, kills someone], it shall be left to us to punish him -as we, with the advice of our subjects, may see fit. - -31. If one member of the family has a dispute with another about -anything, such as fields, vineyards, serfs, or money, if possible, let -it be decided by witnesses without oaths. If it cannot be decided in -that way, let both parties to the case produce their witnesses in court. -After the witnesses have testified, each for his side [that is, each one -says that he believes the man whom he is supporting is telling the -truth], two men shall be chosen, one from each side, to decide the suit -by a duel. He whose champion is defeated in the duel shall lose his -suit, and his witnesses shall be punished for bearing false witness, -just as if they had taken an oath to it. - -32. If any member of the family commits a theft not because of hunger, -but from avarice and covetousness, or habit, and the stolen object is -worth five solidi or more, and it can be proved that the thief, either -in a public market or in a meeting of his fellow members, has restored -the stolen object, or given a pledge to do so, we decree for the -prevention of such crimes that as a punishment of his theft the thief -shall lose his legal status--that is, if anyone accuses him of a crime, -he cannot clear himself by an oath, but must prove his innocence by a -duel or by the ordeal of boiling water or red-hot iron. The same -punishment shall be inflicted on one who is guilty of perjury, or of -bearing false witness, and also on one who is convicted by duel of -theft, and of those who plot with the bishop's enemies against the honor -and safety of his lord, the bishop. - -Par. 2. As a reasonable excuse, the claimant might prove that he had -been serving the bishop in war, or that he had been held as a prisoner. -In such cases he must have a hearing. - -Par. 3. It was customary for an heir on entering into his inheritance to -give his lord as a present either his best piece of furniture or -clothing, or his best animal (horse, etc.). The bishop here surrenders -his right to all such presents. - -Par. 4. "Free property" is such as he has acquired and has the right to -dispose of as he wishes. - -Par. 7. "Into the bishop's hand," see especially no. 297, par. 7. - -Par. 13. It is not clear what is meant by being of the same society. -Probably those who lived in the same neighborhood or village were -regarded as forming a society or group for administrative purposes. They -were probably under the local official who has already been spoken of in -the introduction. - -Par. 14. Here the land which was held by the unfree or servile classes -is clearly distinguished from that which was held as fiefs by freemen, -knights, etc., who were the bishop's vassals. - -Par. 20. The bishop's ban was sixty solidi. That is, this was a fixed -sum which all who were convicted of certain offenses had to pay as a -fine to the bishop. - -Par. 26. In recognition of the fact that the ground or building-site -originally belonged to the bishop, and that he still had a certain legal -claim on it, the one who held it paid an annual tax on it. He passed it -on to his heirs, but could not sell it or transfer it to anyone. For -certain crimes it reverted to the bishop. It is characteristic of German -mediæval law that it distinguished sharply between the building-site and -the buildings on it, attaching much more importance to the building-site -than to the buildings. Thus no one in the cities was entitled to -citizenship who did not possess such a building-site in the city. - -Par. 30. From the last three paragraphs one may gain a good idea of the -amount of violence, and especially of the feuds, which raged among the -serfs. The serfs of the bishop of Worms were probably no worse than -those of other lords. These paragraphs also contain several indications -of legal procedure which are worthy of note (see section VII). - - - -297. The Charter of the Ministerials of the Archbishop of Cologne, 1154. - - -Altmann und Bernheim, no. 70. - -It required a large number of servants to conduct the household of a -great landed proprietor and prince, such as the king, a duke, count, -archbishop, bishop, or abbot, was. For the household included the -management of his lands, the administration of justice, etc., as well as -the care of his palace, or, more likely, palaces. The household was -divided into five departments, each under a head. The head of the first -was the chamberlain, of the second, the cup-bearer, of the third, the -steward, of the fourth, the marshal (master of the horses), and of the -fifth, the advocate. The law of the bishop of Worms shows that he -obtained a sufficient number of servants to man his household by calling -in _fisgilini_ to serve in relays. All the other great lords did the -same thing. It was natural that those who had obtained some experience -in this work should be called in again and again, and so it came about -that those who served in this way were regarded as a class quite -separate from their fellow serfs who remained in the country and did not -serve in the lord's household. The position and honor became hereditary -and differentiated them from all others. They gradually rose in the -social scale. Every great lord, from the king down, developed such a -class of servants, who were called without distinction ministerials. The -kings of Germany made use of their ministerials in the administration of -the government. - -As soon as they became conscious of themselves as a class they began to -haggle with their lords for more rights and privileges. They gradually -obtained a body of rights and established a set of customs which, when -written, formed a little code of laws for them. Their history shows a -constant improvement in their condition and an enlargement of their -rights. Every such lord needed soldiers, so he early began to arm his -ministerials, to put them on horseback, and to train them to fight for -him. It was soon understood that every ministerial was bound to fight -for his lord. But as soon as a man began to fight on horseback, he was a -knight, and the title of knight carried with it the conception of -nobility. We have the strange circumstance that serfs, by fighting on -horseback, partake to a certain extent of the knightly character and -rank. The outcome of it was that those ministerials who fought on -horseback forgot their servile origin and succeeded in attaching -themselves to the nobility. They formed the lower nobility in Germany. - -The ministerial knights who were developed on the lands of the Staufer -served their lords in their wars and were used in the administration of -the imperial government. When the Staufer family disappeared, their -knights called themselves imperial knights and declared that they were -attached to the crown, and owed allegiance directly to the emperor, -whoever he might be. - -In the name of the holy and undivided Trinity. These are the rights of -the ministerials of St. Peter in Cologne, which have been decreed, -fixed, and observed for a long time, and are still to be observed. - -1. The ministerials of St. Peter shall take an oath of fidelity to their -lord, the archbishop, without any reservation or exception, and they -shall be faithful to him against every man [that is, the archbishop is -their supreme lord. Their oath to him takes precedence over their oath -to anyone else, even to the emperor]. - -2. If anyone invades the territory of Cologne and the lands of the -bishopric, all the ministerials of St. Peter, both those who hold fiefs -[from the archbishop] and those who do not, shall assist their lord, the -archbishop, in defending his lands, and shall follow him with arms to -the frontier of the bishopric. If the archbishop wishes to go beyond the -limits of his bishopric, the ministerials are not bound to follow him. -But they may go with him if they do so of their own accord, or if their -lord can persuade them to do so [that is, by gifts, concessions, etc.]. -If the lands of the archbishop, which lie outside of his bishopric, are -violently invaded by anyone, the ministerials are bound to follow their -lord thither for the purpose of repelling this violence. - -3. If the archbishop becomes so offended by one of his ministerials that -he denies him his grace and confiscates his property, that ministerial -shall beg the nobles of the land, and especially those who are the -highest officials of the archbishop's court, to intercede for him with -the archbishop. But if he is not able to regain the archbishop's grace -within a year, he may, at the end of the year, attach himself to some -other lord and serve him, but he shall never assist his new lord in -plundering the lands or burning the houses on the lands of his lord, the -archbishop. If the archbishop does not confiscate his property but -merely denies him his grace, after a year he may refuse to serve the -archbishop further until the archbishop again grants him his grace. - -4. The ministerials of St. Peter are bound to go with their lord, the -archbishop, in his expedition across the Alps for the coronation of the -emperor, especially those who hold fiefs of him which have the value of -five marks or more. An exception is made in favor of the advocate and -treasurer. These two shall remain at home, because the advocate must -collect and take care of the income from the archbishop's lands [that -is, those that are not let out, but tilled by his serfs], and the -treasurer must collect the money from tolls and from the mint. But all -the others who hold fiefs of the archbishop, worth five marks or more, -shall go if the archbishop wishes them to do so. To fit him for the -journey and to clothe his servants the archbishop shall give each one of -them ten marks and forty yards of cloth which is called "scarlet," and -to every two knights he shall give a pack-horse and a saddle with all -that belongs to it, and two bags with a cover for them (which is called -a "dekhut"), and four horseshoes and twenty-four nails. After they reach -the Alps the archbishop shall give each knight a mark a month for his -expenses. If the archbishop refuses to give this mark to any knight at -the proper time and place, the said knight shall inform the officials of -the archbishop's court, and, if possible, by their help get his money. -But if even with their aid he cannot obtain the mark, he shall, toward -evening, and in the presence of a witness, place a rod which has been -stripped of its bark, on the bed of the archbishop. Nor shall anyone -remove this rod until the archbishop finds it on going to bed. If the -archbishop asks, "Who did this?" and, on being told, gives the knight -the mark due, the knight shall proceed with him. But if the knight does -not receive the mark, he shall come early the next morning to the -archbishop and fall on his knees before him; and in the presence of two -of his fellow ministerials he shall kiss the hem of the pallium of the -archbishop. He then has the right to go back home without suffering -either in his rights or honor or possessions. But if the archbishop is -angry and refuses to let him kiss his pallium, the knight shall call his -two fellow ministerials to witness and then he may go back home. Those -who hold fiefs from the archbishop of less than five marks in value need -not go on the expedition unless they wish to do so. But each one of them -shall pay an army tax, that is, the half of the income of his fief. The -archbishop shall announce the expedition to all his ministerials a year -and a day before the time of departure. - -5. Of all the ministerials of St. Peter no one shall propose a verdict -[that is, render a decision in a case in court], except the advocate -alone, if he is present. If he is not present, the archbishop may ask -some other ministerial to propose the verdict. - -6. The advocate of Cologne has the control and management [and income] -of the following twelve farms: Elberfeld, Helden, Zunz, Nyle, Duze, -Merreche, Pinnistorp, Lunreche, Dekstein, Blatsheim, Merzenich and -Rudisheim. He may appoint and remove the overseers in them as he sees -the interests of his lord the archbishop demand. Because Merzenich and -Rudisheim have been given as a fief to others, Burche and Bardenbach are -given the advocate in their stead. The archbishop shall have the control -of all his other farms and shall appoint and remove the overseers as he -pleases. - -7. No ministerial of St. Peter shall fight a duel with another -ministerial, no matter what the one has done to the other. If one -ministerial kills another wilfully and without a good reason, the -relatives of the slain man shall make charges against the slayer before -the archbishop. If the slayer confesses the deed, he shall be delivered -into the power of his lord [that is, the archbishop]. If he denies the -deed, the archbishop shall convict him on the testimony of seven of his -ministerials who are related neither to the slayer nor to the slain. If -convicted in this way he shall be delivered into the power of his lord. -After he is delivered into the power of his lord he shall always follow -him wherever he goes. He shall have with him three horses and two -servants. But he shall never willingly let the archbishop see him, -unless it happens that the archbishop unexpectedly turns and comes back -by a road along which he has just passed. The archbishop shall supply -him and his two servants with food and provender [for their horses]. He -shall constantly follow his lord thus, and labor earnestly with the -officials of the city and the lords of the land [that is, the vassals of -the archbishop] and with all whom he can that they may aid him in -recovering the grace of the archbishop and that he may be reconciled -with the family of the man whom he has slain. If he cannot do this -within a year and a day, the advocate and the treasurer shall shut him -up in the room which is nearest to the chapel of St. Thomas under the -palace of the archbishop. This room is so near the chapel that through -its window he can daily hear the divine services. He shall be shut in -the room in the following manner: A woollen thread shall be stretched -from one doorpost to the other and each end fastened with a wax seal. -Every day at sunrise the door of the room shall be opened and it shall -remain open until sunset. He shall be under the protection of the -archbishop and secure from his enemies [the family of the man whom he -slew]. After sunset the door shall be closed from the inside so that he -will be protected from his enemies. While he is shut up in this room he -shall be at his own expense, and the archbishop shall give him nothing -toward his support. Never as long as he lives shall he leave this room -until he has recovered the grace of his archbishop and the friendship of -the family of the man whom he has slain. The archbishop shall not grant -him his grace until he has compounded with the friends of the man whom -he has slain. But he may leave the room at certain times in the year, -namely, at Christmas, at Easter, and on St. Peter's day [Aug. 1]. At -each one of these times he may go out for three days to urge and beseech -all the officials of the church, and the nobles of the land and all his -friends and fellow ministerials, to intercede for him. If he fails to -recover the grace of the archbishop within the three days, he shall at -once return to the room and remain there as before. If he leaves the -room in any other way he shall thereby lose all his rights, -ecclesiastical and secular, and he shall be deprived of his honor and -his Christianity [that is, he shall be excommunicated]. And if -afterwards he is chased and captured and killed in the church or in -sanctuary, in the city or out of it, in peace or in war, in any place -and at any time, he shall not be buried in holy ground and no punishment -shall be inflicted on those who have killed him. As long as he remains -in the room, his friends and relatives and acquaintances may freely come -to see him and stay with him, provided that in coming in or going out -they do not break the thread or the seals. His wife may visit him also, -but if she bears a child while he is thus imprisoned, it shall be -illegitimate and shall have no secular rights [that is, it cannot -inherit]. - -8. If a ministerial of St. Peter challenges a ministerial of the empire -to a duel [to settle some suit] in the court of the archbishop, fifteen -days before the duel the archbishop shall send both of them to the -emperor that they may fight in his presence and the ministerial shall -obtain his justice there [in the court of the emperor]. If a ministerial -of the emperor challenges a ministerial of St. Peter to a duel, the -emperor shall send them both to the archbishop that he may decide the -case. And if the emperor does not judge the ministerials of St. Peter -but sends them to their lord the archbishop, it is evident that the -nobles of the territory of Cologne who have jurisdiction on their lands, -have no right to sit in judgment on the ministerials of St. Peter in -matters concerning their allodial holdings and in capital charges. But -if the nobles have anything against the ministerials, which concerns -their persons or their allodial holdings, they shall enter suit in the -archbishop's court and obtain justice there. - -9. No archdeacon, no deacon, and no parish priest shall exercise -ecclesiastical authority over the ministerials of St. Peter or -excommunicate them for anything that they may do, unless they seize the -tithes or property of the church. If they do this they must answer for -it in the court of the priest in whose parish they have committed the -offence. If they do anything else worthy of punishment, the chaplain of -the archbishop shall punish them for it. The day after the feast of St. -Peter the chaplain shall hold a synod [an ecclesiastical court] in the -old house of the archbishop before the chapel of St. John, and he shall -sit in the stone chair which is there. And all the ministerials of St. -Peter shall be present to answer to the chaplain as to their spiritual -father for all the faults which they have committed in person. - -10. Every ministerial is born and appointed to service in a certain -department at the court of the archbishop. There are five of these -departments. In them only the ministerials of St. Peter may serve, and -especially the oldest sons. They shall serve in the following manner: -Each one shall serve for six weeks in that department of the household -to which he was born. After one has served six weeks he shall go home -and another shall take his place. If anyone wishes to go home he shall -come into the presence of the archbishop and tell him that his six weeks -are ended and shall ask him for permission to go home. If the archbishop -refuses his permission, the ministerial shall nevertheless kiss the -border of the archbishop's robe and go home without offending the -archbishop. But if the archbishop is not willing to be without him and -can persuade him to stay [that is, by paying him in some way], the -archbishop may use him in whatever honorable service he pleases, but he -may not use him in any of the five departments until his turn of six -weeks comes around again. - -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. - - - - - - -End of the Project Gutenberg EBook of A Source Book for Mediaeval History, by -Oliver J. 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