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 CONTENTSpage

Section I. The Germans and the Empire to 10731–81

1.Selections from the Germania of Tacitus, ca. 1002

2.Procopius, Vandal war11

3.Procopius, Gothic war12

4.The Salic law, ca. 50014

5.Selections from Gregory of Tours26

6.The coronation of Pippin, 75137

7.Einhard’s Life of Karl the Great38

8.The imperial coronation of Karl the Great, 80048

9.General capitulary about the missi, 80248

10.Selections from the Monk of St. Gall51

11.Letter of Karl the Great to Baugulf, 78755

12.Letter of Karl about the sermons of Paul the Deacon56

13.Recognition of Karl by the emperors at Constantinople, 81257

14.Letter of Karl to emperor Michael I, 81358

15.Letter to Ludwig the Pious about a comet, 83759

16.The Strassburg oaths, 84260

17.The treaty of Verdun, 843. Annales Bertiniani62

18.The treaty of Verdun. Regino63

19.The treaty of Meersen, 87064

20.Invasion of the Northmen, end of the ninth century65

21.Invasion of the Hungarians, ca. 95065

22.Dissolution of the empire. Regino66

23.The coronation of Arnulf, 896. Regino69

24.Rise of the tribal duchies in Germany, ca. 900. Saxony69

25.Rise of the tribal duchies. Suabia70

26.Henry I and the Saxon cities71

27.The election of Otto I, 93672

28.Otto I and the Hungarians, 95575

29.The imperial coronation of Otto I, 96278

30.The acquisition of Burgundy by the empire, 1018–32. Thietmar of Merseburg79

31.The acquisition of Burgundy. Wipo, Life of Conrad II79

32.Henry III and the eastern frontier, 1040–4380

Section II. The Papacy to the Accession of Gregory VII, 107382–131

33.Legislation concerning the election of bishops, fourth to ninth centuries83

34.Pope to be chosen from the cardinal clergy84

35.The Petrine theory as stated by Leo I, 440–46185

36.The emperor gives the pope secular authority, 55486

37.Letter from the church at Rome to the emperor at Constantinople, ca. 65087

38.Letter from the church at Rome to the exarch of Ravenna, ca. 60089

39.Gregory I sends missionaries to the English, 596. Bede92

40.The oath of Boniface to Gregory II, 72393

41.Letter of Gregory II to emperor Leo III, 726 or 72795

42.Gregory III excommunicates iconoclasts, 731101

43.Letter of Gregory III to Karl Martel, 739101

44.Promise of Pippin to Stephen II, 753, 754102

45.Donation of Pippin, 756104

46.Promise of Karl to Adrian I, 774105

47.Letter of Karl to Leo III, 796107

48.Karl exercises authority in Rome, 800108

49.Oath of Leo III before Karl, 800108

50.Oath of the Romans to Ludwig the Pious and Lothar, 824109

51.Letter of Ludwig II to Basil, emperor at Constantinople, 871110

52.Papal elections to be held in the presence of the emperor’s representatives, 898113

53.Oath of Otto I to John XII, 961114

54.Otto I confirms the pope in the possession of his lands, 962115

55.Leo VIII grants the emperor the right to choose popes, 963118

56.Letter of Sylvester II to Stephen of Hungary, 1000119

57.Henry III deposes and creates popes, 1048121

58.Oath of Robert Guiscard to Nicholas II, 1059124

59.Papal election decree of Nicholas II, 1059126

Section III. The Struggle between the Empire and the Papacy, 1073–1250132–259

60.Prohibition of simony and marriage of the clergy, 1074134

61.Simony and celibacy; Roman council, 1074134

62.Celibacy, 1074135

63.Celibacy, ninth general council in the Lateran, 1123135

64.Prohibition of lay investiture, 1078136

65.Dictatus papæ, ca. 1090136

66.Letter of Gregory VII commending his legates, 1074139

67.Oath of the patriarch of Aquileia to Gregory VII, 1079140

68.Oath of Richard of Capua to Gregory VII, 1073140

69.Letter of Gregory VII to the princes wishing to reconquer Spain, 1073142

70.Letter of Gregory VII to Wratislav, duke of Bohemia, 1073143

71.Letter of Gregory VII to Sancho, king of Aragon, 1074143

72.Letter of Gregory VII to Solomon, king of Hungary, 1074144

73.Letter of Gregory VII to Demetrius, king of Russia, 1075145

74.Letter of Gregory VII to Henry IV, 1075146

75.Deposition of Gregory VII by Henry IV, 1076151

76.Letter of the bishops of Germany to Gregory VII, 1076153

77.First deposition and excommunication of Henry IV by Gregory VII, 1076155

78.Agreement at Oppenheim, 1076156

79.Edict annulling the decrees against Gregory VII, 1076157

80.Letter of Gregory VII concerning the penance of Henry IV at Canossa, 1077157

81.Oath of Henry IV160

82.Countess Matilda gives her lands to the church, 1102160

83.First privilege of Paschal II to Henry V, 1111161

84.Second privilege of Paschal II to Henry V, 1111163

85.Concordat of Worms, 1122. Promise of Calixtus II164

86.Concordat of Worms. Promise of Henry V165

87.Election notice, 1125166

88.Anaclete II gives title of king to Roger of Sicily, 1130168

89.Coronation oath of Lothar II, 1133169

90.Innocent II grants the lands of Countess Matilda to Lothar II, 1133170

91.Letter of Bernard of Clairvaux to Lothar II, 1134171

92.Letter of Bernard of Clairvaux to Conrad III, 1140172

93.Letter of Conrad III to John Comnenus, 1142173

94.Letter of Wibald, abbot of Stablo, to Eugene III, 1150174

95.Letter of Frederick I to Eugene III, 1152176

96.Answer of Eugene III, 1152178

97.Treaty of Constance, 1153178

98.Stirrup episode, 1155180

99.Treaty of Adrian IV and William of Sicily, 1156181

100.Letter of Adrian IV to Frederick I, 1157183

101.Manifesto of Frederick I, 1157186

102.Letter of Adrian IV to Frederick I, 1158187

103.Definition of regalia, 1158188

104.Letter of Eberhard, bishop of Bamberg, 1159190

105.Letter of Alexander III in regard to disputed papal election of 1159192

106.Letter of Victor IV, 1159194

107.Account given by Gerhoh of Reichersberg, ca. 1160196

108.Preliminary treaty of Anagni, 1176196

109.Peace of Constance, 1183199

110.Formation of the duchy of Austria, 1156202

111.The bishop of Würzburg becomes a duke, 1168203

112.Decree of Gelnhausen, 1180205

113.Papal election decree of Alexander III, 1179207

114.Innocent III to Acerbius, 1198208

115.Innocent III grants the pallium to the archbishop of Trnova, 1201208

116.Innocent III to the archbishop of Auch, 1198209

117.Innocent III commands all in authority to aid his legates, 1198210

118.Innocent III to the king of Aragon, 1206211

119.Innocent III to the French bishops, 1198211

120.Innocent III forbids violence to the Jews, 1199212

121.Innocent III to the archbishop of Rouen, 1198213

122.Innocent III forbids laymen to demand tithes from the clergy, 1198213

123.Oath of the prefect of Rome to Innocent III, 1198214

124.Oath of John of Ceccano to Innocent III, 1201215

125.Innocent III to the archbishop of Messina, 1203216

126.Innocent III to the English barons, 1206217

127.Innocent III to Peter of Aragon, 1211218

128.Innocent III grants the title of king to the duke of Bohemia, 1204218

129.Innocent III to the English barons, 1216219

130.Innocent III decides the disputed election of Frederick, Philip of Suabia, and Otto, 1201220

131.Treaty between Philip of Suabia and Philip II of France, 1198227

132.Alliance between Otto IV and John of England, 1202228

133.Concessions of Philip of Suabia to Innocent III, 1203228

134.Promise of Frederick II to Innocent III, 1213230

135.Promise of Frederick II to resign Sicily, 1216232

136.Concessions of Frederick II to the ecclesiastical princes, 1220233

137.Decision of the diet concerning new tolls and mints, 1220236

138.Frederick II gives a charter to the patriarch of Aquileia, 1220237

139.Statute of Frederick II in favor of the princes, 1231–32238

140.Treaty of San Germano, 1230. Preliminary agreement240

141.Papal stipulations in treaty of San Germano242

142.Letter of Gregory IX about the emperor’s visit, 1230244

143.Papal charges and imperial defence, 1238245

144.Excommunication of Frederick II, 1239254

145.Current stories about Frederick II. Matthew of Paris256

Section IV. The Empire, 1250–1500260–308

146.Diet of Nürnberg, 1274260

147.The German princes confirm Rudolf’s surrender of Italy, 1278–79263

148.Revocation of grants of imperial lands, 1281265

149.Electoral "letter of consent," 1282265

150.Letter of Rudolf to Edward I of England, 1283266

151.Decree against counterfeiters, 1285267

152.The beginning of the Swiss confederation, 1290267

152 a.Edict of Rudolf, in regard to Schwyz, 1291269

153.Concessions of Adolf of Nassau to the archbishop of Cologne, 1292270

154.The archbishop of Mainz confirmed as archchancellor of Germany, 1298276

155.Declaration of the election of Henry VII, 1308277

156.Supplying of the office of archchancellor of Italy, 1310278

157.The law "Licet juris," 1338279

158.The diet of Coblenz, 1338. Chronicle of Flanders281

159.The diet of Coblenz. Chronicle of Henry Knyghton282

160.The Golden Bull of Charles IV, 1356283

160 a.Complaint of the cities of Brandenburg to Sigismund, 1411306

160 b.Sigismund orders the people to receive Frederick of Hohenzollern as governor, 1412307

Section V. The Church, 1250–1500309–340

161.Bull of Nicholas III condemning heretics, 1280309

162.Bull "Clericis laicos" of Boniface VIII, 1298311

163.Boniface VIII announces the jubilee year, 1300313

164.The bull "Unam sanctam" of Boniface VIII, 1302314

165.The conclusions of Marsilius of Padua, 1324317

166.Condemnation of Marsilius of Padua, 1327324

167.Beginning of the schism; manifesto of the revolting cardinals, 1378325

168.The University of Paris and the schism, 1393326

169.Council of Pisa declares itself competent to try popes, 1409327

170.Oath of the cardinals, council of Pisa, 1409328

171.Council of Constance claims supreme authority, 1415328

172.Reforms demanded by the council of Constance, 1417329

173.Concerning general councils, council of Constance, 1417331

174.Bull "Execrabilis" of Pius II, 1459332

175.William III of Saxony forbids appeals to foreign courts, 1446333

176.Establishment of the university of Avignon, 1303334

177.Popular dissatisfaction with the wealth of the church, ca. 1480336

178.Complaints of the Germans against the pope, 1510336

179.Abuses in the sale of indulgences, 1512338

Section VI. Feudalism341–387

180.Form for the creation of an "antrustio" by the king342

181.Form for suspending lawsuits343

182.Form for commendation343

183.Form for undertaking lawsuits344

184.Form for gift of land to a church345

185.Form for precarial letter346

186.Form for precarial letter347

187.Form for precarial letter347

188.Form for gift of land to be received back and held in perpetuity for a fixed rent348

189.Treaty of Andelot, 587348

190.Precept of Chlothar II, 584–628350

191.Grant of immunity to a monastery, 673351

192.Form for grant of immunity to a monastery352

193.Form for grant of immunity to a secular person352

194.Grant of immunity to a secular person, 815353

195.Edict of Chlothar II, 614355

196.Capitulary of Kiersy, 877355

197.Capitulary of Lestinnes, 743357

198.Capitulary of Aquitaine, 768357

199.Capitulary of Heristal, 779358

200.General capitulary to the missi, 802358

201.Capitulary to the missi, 806358

202.Capitulary of 807359

203.General capitulary to the missi, 805359

204.Capitulary of 811359

205.Capitulary of Worms, 829360

206.Capitulary of Aachen, 801–813360

207.Agreement of Lothar, Ludwig, and Charles, 847360

208.Capitulary of Bologna, 811361

209.Homage363

210.Homage364

211.Homage364

212.Homage364

213.Homage364

214.Homage of Edward III to Philip VI, 1329365

215.Feudal aids367

216.Feudal aids367

217.Feudal aids, etc367

218.Homage of the count of Champagne to the duke of Burgundy, 1143368

219.Homage of the count of Champagne to Philip II, 1198369

220.Homage of the count of Champagne to the duke of Burgundy, 1200371

221.Letter of Blanche of Champagne to Philip II, 1201371

222.Letter of Philip II to Blanche372

223.Homage of the count of Champagne to the bishop of Langres, 1214372

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, 1226373

226.List of the fiefs of the count of Champagne, ca. 1172374

227.Sum of the knights of the count of Champagne375

228.Extent of the domain lands of the count of Champagne, ca. 1215377

229.Feudal law of Conrad II, 1037383

230.Feudal law of Frederick I for Italy, 1158385

Section VII. Courts, Judicial Processes, and the Peace388–431

231.Sachsenspiegel391

232.Frederick II appoints a justiciar and a court secretary, 1235398

233.Peace of Eger, 1389399

234.Ordeal by hot water401

235.Ordeal by hot iron404

236.Ordeal by cold water406

237.Ordeal by cold water408

238.Ordeal by the barley bread409

239.Ordeal by bread and cheese410

240.Peace of God, 989412

241.Peace of God, 990412

242.Truce of God, 1035–41414

243.Truce of God, ca. 1041416

244.Truce of God, 1063417

245.Peace of the land, Henry IV, 1103419

246.Peace of the land for Elsass, 1085–1103419

247.Decree of Frederick I concerning the peace, 1156422

248.Peace of the land for Italy, Frederick I, 1158425

249.Perpetual peace of the land, Maximilian I, 1495427

250.Establishment of a supreme court, 1495430

Section VIII. Monasticism432–509

251.The rule of St. Benedict, ca. 530432

252.Oath of the Benedictines485

253.Monk’s vow485

254.Monk’s vow485

255.Monk’s vow486

256.Monk’s vow486

257.Written profession of a monk486

258.Ceremony of receiving a monk into the monastery488

259.Offering of a child to the monastery489

260.Offering of a child to the monastery489

261.Commendatory letter489

262.Commendatory letter490

263.General letter490

264.Letter of dismissal490

265.Rule of St. Chrodegang, ca. 744491

265 a.Origin of the Templars, 1119492

266.Anastasius IV grants privileges to the Knights of St. John, 1154494

267.Innocent III to the bishops of France; simony in the monasteries, 1211496

268.Innocent III grants the use of the mitre to the abbot of Marseilles, 1204497

269.Rule of St. Francis, 1223498

270.Testament of St. Francis, 1220504

271.Innocent IV grants friars permission to ride on horseback, 1250508

272.Alexander IV condemns attacks on the friars, 1256508

273.John XXII condemns the theses of John of Poilly, 1320509

Section IX. The Crusades510–544

274.Origen, Exhortation to martyrdom, 235510

275.Origen, Commentary on Numbers511

276.Leo IV (847–855); indulgences for fighting the heathen511

277.John II; indulgences for fighting the heathen, 878512

278.Gregory VII calls for a crusade, 1074512

279.Speech of Urban II at the council of Clermont, 1095. Fulcher of Chartres513

280.Speech of Urban II. Robert the Monk518

281.Truce of God and indulgences proclaimed at the council of Clermont521

282.Ekkehard of Aura, Hierosolimita; the first crusade522

283.Anonymi Gesta Francorum, 1097–99523

284.Eugene III announces a crusade, 1145526

285.Otto of St. Blasien; the third crusade, 1189–90529

286.Innocent III forbids the Venetians to traffic with the Mohammedans, 1198535

287.Innocent III takes the king of the Danes under his protection, 1210537

288.Innocent III announces a crusade, 1215537

Section X. Social Classes and Cities in Germany –612

289.Otto III forbids the unfree classes to attempt to free themselves, ca. 1000545

290.Henry I frees a serf, 926546

291.Henry III frees a female serf, 1050547

292.Recovery of fugitive serfs, 1224548

293.Rank of children born of mixed marriages, 1282549

294.Frederick II confers nobility, ca. 1240549

295.Charles IV confers nobility on a "doctor of both laws," 1360550

296.Law of the family of the bishop of Worms, 1023551

297.Charter of the ministerials of the archbishop of Cologne, 1154563

298.The bishop of Hamburg grants a charter to colonists, 1106572

299.Privilege of Frederick I for the Jews, 1157573

300.The bishop of Speyer grants a charter to the Jews, 1084577

301.Lothar II grants a market to the monastery of Prüm, 861579

302.Otto I grants a market to the archbishop of Hamburg, 965580

303.Otto III grants a market to count Berthold, 999581

304.Merchants cannot be compelled to come to a market, 1236581

305.Market courts to be independent of local courts, 1218582

306.Otto I grants jurisdiction over a town to the abbots of New Corvey, 940582

307.The ban-mile, 1237583

308.Citizens of Cologne expel their archbishop, 1074584

309.People of Cologne rebel against their archbishop, 1074585

310.Confirmation of the "immediateness" of the citizens of Speyer, 1267586

311.Summons to an imperial city to attend a diet, 1338587

312.Grant of municipal freedom to a town, 1201587

313.Extension of the corporate limits of the city of Brunswick, 1269588

314.Decision of the diet about city councils in cathedral towns, 1218589

315.Frederick II forbids municipal freedom, 1231–32590

316.Breslau adopts the charter of Magdeburg, 1261592

317.The Schoeffen of Magdeburg give decisions for Culm, 1338602

318.Establishment of the Rhine league, 1254604

319.Peace established by the Rhine league, 1254606

320.Agreement between Hamburg and Lübeck, ca. 1230609

321.Agreement between Hamburg and Lübeck, 1241610

322.Lübeck, Rostock, and Wismar proscribe pirates, 1259610

323.Decrees of the Hanseatic league, 1260–64611

324.Decrees of the Hanseatic league, 1265612

325.Henry II grants Cologne merchants privileges in London, 1157612

Bibliography613

Glossary615

A SOURCE BOOK FOR MEDIÆVAL HISTORY