Part 2

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

I. THE GERMANS AND THE EMPIRE TO 1073

The documents in this section are intended to illustrate the history of the Germans from the period before the migrations to the beginning of the struggle between the empire and the papacy, 1073. The historical development of this period resulted in the formation of the Holy Roman Empire, as the form of government for western Europe. The civilization of the Middle Age was in the main the result of the union of Roman and German elements. This union was brought about by the invasion of the Roman empire by the tribes of German blood that lay along and back of the frontier of the empire. It is important, therefore, to understand the character of the German race and institutions, which are illustrated by nos. 1 to 4. The leaders and organizers of the Germans after the settlement were the Franks, who under the Merovingian and Carolingian lines of rulers united the German tribes and bound them together in one great state. This movement is shown in nos. 5 to 14. In this development the life of Karl the Great (nos. 7 to 14) is of especial importance, because of the permanent result of much of his work, particularly his organization of the government (nos. 7 to 9), and his founding of the empire by the union of Italy and Germany (nos. 8, 13, and 14). The dissolution of his vast empire, resulting in the formation of France as a separate state, and in the appearance of the feudal states, is shown in nos. 15 to 22. In the rest of the documents the history of Germany and Italy, the real members of the empire, is followed. Of this the important features are: the continued connection of Germany with Italy (nos. 23 and 29), resulting in the restoration of the empire by Otto I; the feudal organization of Germany (nos. 24, 25, and 27); and the increase of the German territory toward the east (nos. 26, 28, 32). This brings the history down to the accession of Henry IV, with whom begins the long conflict between the empire and papacy which is treated in section III.

1. Selections from the Germania of Tacitus, _ca._ 100 A.D.

The _Germania_ of the Roman historian Tacitus (54-119 A.D.) is a treatise on the manners, customs, and institutions of the Germans of his time. It is one of the most valuable sources of knowledge of the condition of the Germans before the migrations. These sources are mainly of two kinds: the accounts of contemporary writers, chiefly Roman authors; and the documentary sources of the period of the tribal kingdoms, particularly the tribal laws, such as the laws of the Salic Franks (see no. 4), Burgundians, Anglo-Saxons, etc. It will be evident to the student that the sources of both kinds fall short of realizing the needs of historical trustworthiness: the first kind, because the Roman authors were describing institutions and customs which they knew only superficially or from a prejudiced point of view; the second, because the laws and documents of the tribal period reflect a stage of development which had changed considerably from the primitive stage. Conclusions in regard to the conditions of the Germans in the early period are based on the careful criticism of each single document and on a comparison of each with all the others. Some indication of this method is suggested in the notes to nos. 1 and 4. Even at best the results are subject to uncertainty. The _Germania_ of Tacitus is the clearest and most complete of the sources of the first type, but it is not free from obscurity. Since there are numerous editions of it, we have not thought it necessary to refer to any particular one.

5. The land [inhabited by the Germans] varies somewhat in character from one part to another, but in general it is covered with forests and swamps, and is more rainy on the side toward Gaul and bleaker toward Noricum and Pannonia. It is moderately fertile, but not suited to the growing of fruit trees; it supports great numbers of cattle, of small size, however.

6. Iron is not abundant, as appears from the character of the weapons of the inhabitants; for they rarely use swords or the larger spears; instead they carry darts with small, narrow heads, which they call _frameæ_. But these are so sharp and so easily handled that they are used in fighting equally well at a distance and at close quarters.... The number of warriors is definitely fixed, one hundred coming from each district, and the warriors are known by that name [_i.e._, hundred]; so that what was originally a number has come to be a name and a title.{1}

7. Kings are chosen for their noble birth;{2} military leaders for their valor. But the authority of the king is not absolute, and the war-leaders command rather by example than by orders, winning the respect and the obedience of their troops by being always in the front of the battle.... These troops are not made up of bodies of men chosen indiscriminately, but are arranged by families and kindreds, which is an added incentive for bravery in battle. So, also, the cries of the women and the wailing of children, who are taken along to battle, encourage the men to resistance.

8. It is said that on more than one occasion broken and fleeing ranks have been turned back to the fight by the prayers of the women, who fear captivity above everything else.... They believe that women are specially gifted by the gods, and do not disdain to take council with them and heed their advice.

11. [In the assemblies of the tribe,] minor affairs are discussed by the chiefs, but the whole tribe decides questions of general importance. These things, however, are generally first discussed by the chiefs before being referred to the tribe. They meet, except in the case of a sudden emergency, at certain fixed times, at the new or the full moon, for they regard these as auspicious days for undertakings. They reckon the time by nights, instead of by days, as we do.... One evil result arising from their liberty is the fact that they never all come together at the time set, but consume two or three days in assembling. When the assembly is ready, they sit down, all under arms. Silence is proclaimed by the priest, who has here the authority to enforce it. The king or the leader speaks first, and then others in order, as age, or rank, or reputation in war, or eloquence may give them the right. The speakers depend rather upon persuasion than upon commands. If the speech is displeasing to the multitude, they reject it with murmurs; if it is pleasing, they applaud by clashing their weapons together, which is the kind of applause most highly esteemed.{3}

12. Criminals are also tried at these assemblies, and the sentence of death may be decreed. They have different kinds of punishments for different crimes; traitors and deserters are hanged on trees, cowards and base criminals are sunk in the swamps or bogs, under wicker hurdles.... There are penalties also for the lighter crimes, for which the offenders are fined in horses or cattle. Part of the fine goes to the king or the state, and part to the person injured or to his relatives. In this assembly they also choose leaders to administer the law in the districts and villages of the tribe, each of them being assigned a hundred companions from the tribe to act as counsellors and supporters.{4}

13. They go armed all the time, but no one is permitted to wear arms until he has satisfied the tribe of his fitness to do so. Then, at the general assembly, the youth is given a shield and a sword by his chief or his father or one of his relatives. This is the token of manhood, as the receiving of the toga is with us. Youths are sometimes given the position of chiefs because of their noble rank or the merits of their ancestors; they are attached to more mature and experienced chiefs, and think it no shame to be ranked as companions. The companions have different ranks in the company, according to the opinion of the chief; there is a great rivalry among the companions for first place with the chief, as there is among the chiefs for the possession of the largest and bravest band of followers. It is a source of dignity and of power to be surrounded by a large body of young warriors, who sustain the rank of the chief in peace and defend him in war. The fame of such a chief and his band is not confined to their own tribe, but is known among foreign peoples; they are sought out and honored with gifts in order to secure their alliance, for the reputation of such a band may decide a whole war.

14. In battle it is shameful for the chief to allow any one of his followers to excel him in courage, and for the followers not to equal their chief in deeds of valor. But the greatest shame of all, and one that renders a man forever infamous, is to return alive from the fight in which his chief has fallen. It is a sacred obligation of the followers to defend and protect their chief and add to his fame by their bravery, for the chief fights for victory and the companions for the chief. If their own tribe is at peace, young noble chiefs take part in the wars of other tribes, because they despise the peaceful life. Moreover, glory is to be gained only among perils, and a chief can maintain a band only by war, for the companions expect to receive their war-horse and arms from the leader, ... and the means of liberality are best obtained from the booty of war.{5}

16. The Germans do not dwell in cities, and do not build their houses close together. They dwell apart and separate, where a spring or patch of level ground or a grove may attract them. Their villages are not built compactly, as ours are, but each house is surrounded by a clear space.

21. It is a matter of duty with them to take up the enmities of their parents or kinsmen, as well as the friendships, but these feuds are not irreconcilable; the slaying of a man may be atoned for by the payment of a fixed number of cattle, and the kindred of the slain man all share in the price of atonement. This practice of compounding manslaughter is of advantage to the public weal, for such feuds may become very dangerous among a free people.{6}

26. The arable lands, according to the number of cultivators, are occupied in turn by all the members of the community, and are divided among them according to the quality [of the lands].{7} The extent of the land gives ample opportunity for division; the arable fields are changed every year, and there is plenty of land left over.{8}

The following section is condensed from chapters 27 to 46.

27-46.{9} Such is the account I have received of the origin and the customs of the Germans as a whole; we must now undertake a discussion of the separate tribes. The divine Julius [Cæsar] says in his book that the Gauls had once been a more powerful and prosperous people than the Germans. So it is not impossible that they may have at some time even invaded Germany. For the Helvetians once dwelt in Germany between the Hercynian forest and the Rhine and Main rivers, while the Boii inhabited lands still farther within Germany, as is shown by the name Boihaem [Bohemia] which still clings to their former place, now inhabited by another people. The Treveri and the Nervii lay claim to German origin, as if to repudiate connection with the indolent Gauls. The inhabitants of the Rhine bank, the Vangiones, Treboci, and Nemetes, are undoubtedly of German blood; and the Ubii also, although they have become a Roman colony and have taken the name of Agrippenses from their founder. Of all the tribes along the lower Rhine the chief are the Batavi, who dwell mainly on an island in the mouth of the Rhine. They were a portion of the Chatti, but left their homes as the result of a domestic quarrel and entered the Roman empire. They still retain, however, their old honor and dignity as allies, not being subject to taxation or to any public duties except that of war. Beyond the Agri Decumates are the Chatti, whose territory borders on the Hercynian forest. Next to the Chatti, descending the Rhine, are the Usipii and Tencteri; their neighbors, it is said, were formerly the Bructeri, who have been driven out and their place taken by the Angrivarii and Chamavi. Back of the Angrivarii and the Chamavi [to the south] are the Dulgubnii and Chasuarii; in front [to the north] are the Frisii, who are divided into two parts, the greater and lesser Frisii. They dwell along the shores of the ocean north of the Rhine. Next are the Chauci, and on the boundaries of the Chauci and the Chatti [to the east], the Cherusci. The Cimbri dwell in the same region, on the shores of the ocean.

We come next to the Suebi. They are not a single tribe, as the Chauci or Tencteri, for example; they include a great many tribes, each one with its own name, but all called in common Suebi. The Semnones claim to be the most ancient and the noblest of the Suebi. They inhabit a hundred districts and consider themselves, because of their number, the most important tribe of the Suebi. On the other hand, the Lombards are known for the small number of their members, but they are secure from conquest by their more powerful neighbors by reason of their courage and their experience in war. Then come the Reudigni, Aviones, Angli, Warini, Eudoses, Suardones, and Nuitones. Then, following along the Danube, the Hermunduri; then the Naristi, Marcomanni, and Quadi. The Marcomanni drove the Boii out of their land, which they now inhabit. Back of these tribes lie the Marsigni, Cotini, Osi, and Buri. The Marsigni and the Buri have the same language and worship as the Suebi; but the fact that the Cotini speak a Gallic language and the Osi a Pannonian would indicate that they are not German tribes. A continuous mountain range divides Suebia in this region; beyond it lie many races, of whom the greatest is that of the Lugii, a name applied to several tribes, the Harii, Helveconæ, Manimi, Elisii, Nahanarvali. Beyond the Lugii are the Gutones. The tribes of the Suiones inhabit a land situated in the midst of the ocean [Scandinavia], and are famous for their fleets. Beyond the Suiones is that dreary ocean which is believed to encircle the whole world. On the right [east] shore of the Suebian Sea [the Baltic] dwell the Aestii, a people that have the same customs and manners as the Suebi, but speak a language more like that of the inhabitants of Britain. The land of the Suiones is continued by that of the Sithones. This is the end of Suebia. I am uncertain whether to assign the Peucini, Veneti, and Fenni to the German or Sarmatian race, although the Peucini, called by some Bastarnæ, have the same language, worship, and sort of houses as the Germans.

{1} In the tribal laws and other documents of the tribal period a district called the "hundred" actually appears as the division of the county (see no. 4, introductory note). Tacitus uses the term here as a division of the tribe, but the original tribe in several instances appears as a county of the larger tribal kingdom, among the Franks and Anglo-Saxons, at least. The origin of the hundred as a territorial district suggested in this passage by Tacitus is probably the correct one: the whole tribe was divided for military purposes into companies of about one hundred men; then when the tribe settled on the land which had been conquered, the lands were distributed to the hundreds, and the districts thus formed came to bear that name.

{2} The existence of a noble class, _i.e._, a number of families having higher social rank and special consideration and privileges, is vouched for by all the sources. The origin of the class and the extent of the privileges which they enjoyed in this primitive time are uncertain. The king was chosen usually from one noble family, but not by strict heredity.

{3} The general assembly was composed of all the freemen of the tribe. All public business, that is, affairs in which the whole tribe was concerned, was conducted here, including the making of war and peace, the election of the king and chief officials, etc. It would appear from what Tacitus says that the assembly had jurisdiction in the graver offenses and in cases of appeal from the hundred-court.

{4} These leaders were probably the officials who presided over the hundred-court, the assembly of the freemen of the hundred, which was the regular court of justice. We find such an official mentioned in several of the tribal laws; in the Salic and the Alamannian law he is called the "centenarius," and in the Anglo-Saxon laws the "hundredes-ealdor." The hundred companions of the official mentioned by Tacitus were probably the whole body of the freemen of the hundred. They attended the hundred-court and had a share in rendering the decision.

{5} The chief with his band of followers is found in many primitive warlike societies. The various traditions of the German tribes are full of references to this institution. Famous warriors would gather about them a band of young men eager for reputation and experience. These bands would form the élite of the army when the whole tribe went to war, but would also conduct warlike enterprises on their own account. The viking raids of the Northmen were instances of this practice. It not infrequently happened that the success of private bands would lead the whole tribe to follow and settle on the land which they had begun to conquer, as in the traditional account of the conquest of Britain by the Angles and Saxons.

{6} The obligation of following up the blood-feud is a common feature of primitive society. It forms the basis of many of the popular tales and traditions of the German people. The law attempted to make the kindred of the slain man give up the feud in return for the payment of a fixed sum by the slayer of his kin, but the attempt was not always successful. The sum paid is known as the _wergeld_ and is mentioned in all the tribal laws (see no. 4, title XLI and note).

{7} The form of land-holding among the early Germans has been the subject of much study and investigation. Chapters 16 and 26 of Tacitus have been discussed and commented on at great length by many scholars and no absolute agreement has been reached in regard to the interpretation of them. The above translation is as literal and untechnical as we could make it, but it is not free from objection. It would seem to mean that the land of the tribe was held by small groups or communities dwelling in little farming villages and cultivating the land assigned them. The land in the time of Tacitus was probably owned in common by the community and apportioned equally among the householders for the purpose of cultivation, and then redistributed at regular periods, once a year according to Tacitus.

{8} In order to understand the conditions of German life as described by Tacitus, the student would do well to pick out, bring together, and classify all that he says in different places about the important features of their life: (1) the king, his election, powers, etc.; (2) the assemblies, their composition, procedure, authority; (3) the officials; (4) manners and customs.