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 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]–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