Part 1

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 CONTENTS

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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 545-612