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.