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.