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.