Chapter XXXI (10)

Frederick the emperor, after ending the wars all over Germany and establishing peace, held a general diet in Mainz at mid-lent [March 27, 1188], and discussed the affairs of state. Papal delegates came to this diet and told the emperor about the destruction of the church beyond the sea [in Palestine], and, making complaint in the name of the pope and of the whole church, begged for his aid. A meeting having been held to consider the matter, Frederick offered to go to the aid of Jerusalem, and, for the remission of their sins, he and his son, Frederick, duke of Suabia, took the cross. Frederick publicly declared that he would avenge the insult which had been offered the cross, and by his example he aroused many nobles and a great multitude of various ranks and ages to take the cross. After these things were done, the cardinals preached the crusade in various parts of the country and persuaded many to leave father and mother, wife and children, and lands, for the name of Christ and to take the cross and follow him across the sea. They raised a large army. The emperor set the time of departure in May of the following year. He ordered the poor to provide themselves with at least three marks [about thirty dollars] for their expenses, and the rich to take as much money as they could. Under threat of excommunication he forbade anyone to go who did not have three marks, because he did not wish the army to be burdened with a useless crowd. After these things were done in Germany the pope sent cardinals to Philip [II], king of the Franks, and to Richard, king of the English, and persuaded them to take the cross. In England and in France he also raised a large army for the crusade.

At this time messengers of the sultan of Iconium came to Frederick and, with the intention to deceive, renewed the treaty with him. They promised him a free passage through all Cilicia if he would go peaceably. For Frederick was going to pass with his army through Cilicia, the land of the sultan, and the pagans, fearing for their land, preferred to have peace rather than war. But the outcome was not what they had expected.

At Pentecost, 1189, Frederick held a general diet at [Regensburg] ... and had his army gather there. He gave the royal insignia to his son, king Henry. He appointed a certain income to each of his other sons, conferred titles on them, and after making all necessary arrangements, said farewell to all. His son, Frederick, duke of Suabia, the marquis of Meissen, with the Saxons, and many other princes and bishops, went with him. And so with a very large army, well equipped and organized, he set out for the orient to attack Saladin and all the enemies of the cross. While passing through Hungary its king honored him with many gifts and gave the army large supplies of flour, wine, and meat. When he entered Bulgaria the inhabitants tried to block the road. But he forced his way through, killed many of those who opposed him, took some of them prisoner, and hung them on the trees along the road. By this he showed that he was visiting the grave of the Lord not with a pilgrim's wallet, but with the sword and lance of a warrior. Thus he passed through Bulgaria and entered Greece. But the Greeks were worse than the Bulgarians. At the command of the Greek emperor they showed the army no kindness and even refused to sell them anything to eat. They shut themselves up in their fortresses, into which they had taken all their possessions. It made Frederick angry to receive such treatment from Christians, and so he permitted his army to plunder the country. He determined to treat the Greeks as pagans because, by their acts, they showed that they were aiding his enemy, Saladin. His whole army besieged Philipopolis, a very rich city, and took and plundered it. He likewise captured a very strong fortress called Demotica. By this he so frightened the Greeks that he got possession of several fortresses and cities. After devastating the country and taking much booty, he compelled the rest of the Greeks to furnish the army with provisions. These things were done about the end of August [1189]. After consulting the princes, the emperor determined to pass the winter in Greece. So he took possession of the country round about, fortified a strong mountain as a camp for his soldiers and called it Kingsmountain. Having thus taken up a strong position against Constantinople, he had supplies for the army brought from the neighboring territory, and thus overcame Greek treachery with Roman strength and German bravery. He remained there all winter to the next Easter [March 25, 1190]. The Greeks were unable to resist his army and always fled before it.

Now the Greek emperor, not being able to withstand the power of Frederick, made amends for what he had done, and entered into a treaty with him. He appeased the army by supplying them with provisions. Thus, having been reconciled with Frederick, he set him and his army across the Propontis [March 22-28, 1190, from Gallipolis]. Frederick now entered Asia with his army. He marched for some time, meeting everywhere with success, and all the people in Romania [western Asia Minor] submitted to him. As the emperor approached Iconium, the sultan broke his treaty, caused all the provisions to be carried into the fortresses, and, like a barbarian and Scythian, refused to sell the army provisions. The army suffered from hunger and were compelled to eat the flesh of mules, donkeys, and horses. Besides, the pagans attacked the rear and those who went out foraging, and killed some of them. In this way they hindered the army. Our troops wished to meet the Saracens in open battle and often drew themselves up in battle array, but the Saracens always withdrew and refused to join in a general engagement. Now although the army was annoyed in this way and was suffering from hunger and want, the emperor, out of regard for the treaty with the sultan, kept his army from devastating and plundering the country, because he thought the people were attacking him without the permission of the sultan. But when he learned from couriers that the sultan had perfidiously ordered the people to attack him, he was angry, and, declaring the sultan an enemy, he permitted the army to take vengeance. They devastated Cilicia, Pamphilia, and Phrygia with slaughter, rapine, fire, and sword, while the pagan army constantly withdrew before them. The army now turned toward Iconium, which is the capital of Cilicia, and the chief residence of the sultan, and quickly took it [May 18, 1190]. It was a very populous city, well fortified with strong walls and high towers, and had in its midst an impregnable citadel. It was well supplied with victuals against a siege, while all the surrounding country was stripped of provisions, in order that when the emperor came he would not long be able to support an army there. But God overruled their efforts so that the outcome was just the opposite of what they sought. For the emperor suddenly attacked the city with great violence before the third hour of the day [9 o'clock], killed a great many of the inhabitants and took the city by storm before the ninth hour [3 o'clock P.M.]. Many people, of both sexes and of all ages, were put to the sword. The sultan with many of his nobles fled into the citadel, which the emperor began to besiege the same day. Now the sultan saw that nothing could resist the force of the Germans and that, supported by some divine power, they despised death and without hesitation attacked everything that resisted them. So, taught by dangerous experience, and thinking it necessary to demand peace from the emperor, he asked to speak with him. The emperor granted his request. The sultan then marched out of the citadel and surrendered at the discretion of the emperor, and gave hostages. After peace was made the city of Iconium and his kingdom were restored to him.

The army was thus made rich with spoil and the emperor left Iconium in triumph. The Armenian princes from all sides began to come to him, among them Leo, the noblest Christian prince of all that country. They all welcomed Frederick with joy and thanked him heartily for coming and attacking the Saracens. They were all well disposed toward him, so he set out for Tarsus, famous as the birthplace of St. Paul. But God who is terrible in his doing toward the children of men [Ps. 66:5], showing that the time had not yet come for showing mercy on Zion [Ps. 102:13], cut the anchor of the little boat of St. Peter and permitted it to be tossed about and beaten by the storms of this world. For the great emperor, Frederick, while on the road to Tarsus, after a part of the army had crossed a certain river, went into the water to refresh himself. For it was very hot and he was a good swimmer. But the cold water overcame him and he sank. So the emperor, powerful by land and sea, met with an unfortunate death. Some say that this happened in the Cydnus river, in which Alexander the Great almost met the same fate. For the Cydnus is near Tarsus. He died in the 38th year of his reign, the 35th of his rule as emperor [June 10, 1190]. If he had lived he would have been a terror to all the orient, but by his death the army lost all its courage, and was overwhelmed with grief. His intestines and flesh were buried in Tarsus, but his bones were carried to Antioch and buried with royal ceremony.

286. Innocent III Forbids the Venetians to Traffic with the Mohammedans, 1198.

Migne, 214, col. 493.

The maritime cities of Italy took quite a part in the crusades, but their interests were largely commercial. In all the cities of the eastern Mediterranean and the Black Sea they tried to get harbor privileges, freedom from tolls or at least a reduction in them, and quarters, consisting of a few city blocks, in which their agents or colonists could reside. They carried on an extensive commerce with the Mohammedans and cleverly and selfishly made use of the crusades to increase it. While the church was glad to have their aid in the wars with the Mohammedans, it found them a disturbing element, because they were content and wished to end hostilities as soon as they had secured good commercial advantages. The popes took the position that there should be no peaceable intercourse between Christians and Mohammedans, and so tried to prevent all commerce between them. This letter of Innocent III to the people of Venice illustrates the attitude of the pope in this matter, informs us what some of the chief articles of commerce were, and shows how the pope was compelled to make concessions to the commercial spirit.

In support of the eastern province [that is, the crusading states], in addition to the forgiveness of sins which we promise those who, at their own expense, set out thither, and besides the papal protection which we give those who aid that land, we have renewed that decree of the Lateran council [held under Alexander III, 1179], which excommunicated those Christians who shall furnish the Saracens with weapons, iron, or timbers for their galleys, and those who serve the Saracens as helmsmen or in any other way on their galleys and other piratical craft, and which furthermore ordered that their property be confiscated by the secular princes and the consuls of the cities, and that, if any such persons should be taken prisoner, they should be the slaves of those who captured them. We furthermore excommunicated all those Christians who shall hereafter have anything to do with the Saracens either directly or indirectly, or shall attempt to give them aid in any way so long as the war between them and us shall last. But recently our beloved sons, Andreas Donatus and Benedict Grilion, your messengers, came and explained to us that your city was suffering great loss by this our decree, because Venice does not engage in agriculture, but in shipping and commerce. Nevertheless, we are led by the paternal love which we have for you to forbid you to aid the Saracens by selling them, giving them, or exchanging with them, iron, flax (oakum), pitch, sharp instruments, rope, weapons, galleys, ships, and timbers, whether hewn or in the rough. But for the present and until we order to the contrary, we permit those who are going to Egypt to carry other kinds of merchandise whenever it shall be necessary. In return for this favor you should be willing to go to the aid of the province of Jerusalem and you should not attempt to evade our apostolic command. For there is no doubt that he who, against his own conscience, shall fraudulently try to evade this prohibition, shall be under divine condemnation.

287. Papal Protection of Crusaders. Innocent III Takes the King of the Danes under his Protection, 1210.

Migne, 216, col. 258.

We commend you because, fired with zeal for the orthodox faith and for the praise of God and for the honor of the Christian religion, you have taken the cross and have drawn your royal sword to repress the cruelty of an infidel people [the Turks]. And we also give you our apostolic favor, and take under the protection of St. Peter as well as under our own your person and your kingdom with all your possessions, decreeing that so long as you are engaged in this work all your possessions shall remain intact and free from all molestation. Nevertheless we urge upon you to take all possible precautions to protect you and yours, in order that you may not suffer any loss.{122}

{122} From this sentence it may be inferred that the papal protection was not always respected. It sometimes failed to protect the possessions of a crusader from violence and seizure.

288. Innocent III and the Lateran Council Announce a Crusade, 1215.

Bullarium Romanum (Rome, 1740), Vol. III, para. i, pp. 173 ff.

It was the greatest ambition of Innocent III to recover Palestine from the Mohammedans. During his pontificate he never lost sight of this object. One of the chief purposes of the Lateran council which he called together in 1215, was to arrange for a universal crusade. This decree shows his earnestness in the matter, but at the same time betrays the difficulties which were in the way. (1) The character of the clergy was not such as to insure the best results, and their conduct was not above reproach. They were jealous of each other, and intrigued to secure places to which much honor and rich livings were attached (par. 2). (2) Many who took the cross afterwards refused to go. Some had no doubt made the vow in a moment of enthusiasm; others, in a calculating spirit, hoping to gain some reputation, or secure some advantage, such as an extension of time in the payment of their debts, the cancellation of interest, the freedom from local taxation, or feudal dues, the right to raise money by pawning their fiefs, etc. (pars. 4, 10, and 11). (3) There was a general unwillingness on the part of the rich to go in person on a crusade. Nor were they all willing to equip someone to go in their place (pars. 5 and 6). (4) The commercial interests and spirit of the Italian cities were stronger than their religious sentiment, and led them to sell arms and ships to the Mohammedans, and even to serve in important positions on their boats (pars. 12, 13, and 14). (5) The warlike spirit of the west had found a new outlet in the bloody tournaments which were now much in fashion, and the feuds and private warfare offered the ambitious and adventurous knight a convenient field for the constant exercise of arms (pars. 15 and 16).

In spite of his great efforts, many things made the execution of Innocent's plan impossible. The popular days of the crusades were over. Innocent escaped a bitter disappointment only by his death, which occurred the following year, 1216.

Since we earnestly desire to liberate the holy land from the hands of the wicked, we have consulted wise men who fully understand the present situation. And at the advice of the holy council we decree that all crusaders who shall determine to go by sea shall assemble in the kingdom of Sicily a year from the first of next June. They may gather at their convenience either at Brindisi, Messina, or in any other place on either side of the strait. If the Lord permits, we shall also be there in order that the Christian army may, with our advice and aid, be well organized, and set out with the divine benediction and papal blessing.

1. Those who determine to go by land shall be ready at the same date, and they shall keep us informed of their plans in order that we may send them a suitable legate to counsel and aid them.

2. All clergymen of whatever rank, who go on the crusade, shall diligently devote themselves to prayer and exhortation, by word and example teaching the crusaders always to have the fear and the love of God before their eyes and not to say or do anything to offend the divine majesty. Even if they sometimes fall into sin, they shall rise again by true penitence. They shall show humility of heart and of body, and observe moderation in their way of living and in their dress. They shall altogether avoid dissensions and rivalries, and shun hatred and envy. Thus, equipped with spiritual and material arms, they shall fight more securely against the enemies of the faith, not resting on their own power but hoping in the divine strength.

3. These clergymen shall receive all the income of their benefices for three years, just as if they were residing in them, and, if it is necessary, they may pawn their benefices for the same length of time.

4. In order that this holy undertaking may not be prevented or delayed, we earnestly command all prelates, each in his own locality, to urge and insist that all who have taken the cross fulfil their vows to the Lord. And, if necessary, they may compel them to do so, in spite of all their subterfuges, by putting their persons under excommunication and their lands under the interdict. We except, however, those who may find some real hindrance in the way, on account of which we may decide that their vow may be commuted or put off.

5. In addition to these things, that nothing relating to Christ's business may be neglected, we command patriarchs, archbishops, bishops, abbots, and all others who have the care of souls, zealously to preach the crusade to those who are under their charge, by the Father, Son, and Holy Spirit, one only true eternal God, beseeching kings, dukes, princes, marquises, counts, barons, and other magnates, as well as the communes of cities, villages, and towns, that those who do not go in person to aid the holy land may, in proportion to their wealth, furnish a suitable number of fighting men and provide for their necessary expenses for three years. This they shall do for the remission of their sins according to the terms published in our general letter, and, for the sake of greater clearness, repeated below. Not only those who give their own ships, but also those who shall try to build ships for this purpose, shall have a share in this remission of sins.

6. If any shall be found so ungrateful to the Lord as to refuse, we warn them that they must answer for it to us before the terrible judge on the last day. Let all such consider with what conscience and what security they will be able to make their confession before the only begotten Son of God, Jesus Christ, into whose hands the Father has given all things, if, in this matter which so peculiarly concerns them, they refuse to obey him who was crucified for sinners, by whose favor and goodness they live and are sustained, nay, more, by whose blood they are redeemed.

7. Lest we should seem to put on other men's shoulders burdens so heavy that we would not so much as put a finger to them, like those who say, but do not, we give 30,000 pounds out of our savings for this work, and besides the passage-money which we give all crusaders from Rome and the surrounding country, we also give 3,000 silver marks which are left in our hands from the gifts of certain Christians, the rest having been spent for the benefit of the holy land by the patriarchs of Jerusalem and the masters of the Templars and the Hospitallers.

8. Since we wish all other prelates and clergy to have a share in this meritorious work and its reward, we, with the approval of the council, decree that all the clergy of whatever rank shall, for three years, give the twentieth of the income of their churches to the aid of the holy land, and for the collection of it we shall appoint certain persons. We except from this tax certain monks and also those who shall take the cross and go in person on the crusade.

9. Moreover, we and our brethren, the cardinals of the holy Roman church, will pay a tenth of our incomes; and let all know that they must faithfully do this. For any cardinal who shall knowingly commit any fraud in this matter shall incur the sentence of excommunication.

10. Now, because it is only just that those who devote themselves to the service of the heavenly ruler should enjoy some special prerogative, and since it is a little more than a year until the time set for going, we decree that all who have taken the cross shall be free from all collections, taxes, and other burdens. As soon as they take the cross we receive them and their possessions under the protection of St. Peter and of ourselves, so that archbishops, bishops, and other prelates are entrusted with their defence, and besides, other protectors shall be specially appointed to defend them. And until they return or their death shall be certainly known, their possessions shall not be molested. And if anyone shall act contrary to this he shall be restrained by ecclesiastical censure.

11. If any of those who go on the crusade are bound by oath to pay interest, their creditors, under threat of ecclesiastical censure, shall be compelled to free them from their oath and from the payment of the interest. If anyone compels them to pay the interest, he shall be forced to pay it back to them. We order the secular authorities to compel the Jews to remit the interest to all crusaders, and until they do remit it they shall have no intercourse with Christians. If any are not able for the present to pay their debts to Jews, the secular authorities shall secure an extension of time for them, so that after they have set out on the journey until their return or their death is certainly known, they shall not be disturbed about the interest. The Jews shall be compelled, after deducting the necessary expenses, to apply the income which they receive in the meantime from the property which they hold in pawn, toward the payment of the debt; since a favor of this kind, which defers the payment but does not cancel the debt, does not seem to cause much loss. Moreover, all prelates must know that they will be severely punished if they are lax in securing justice for crusaders or their families.

12. Since corsairs and pirates greatly impede the work by taking and robbing those who are going to, or returning from, the holy land, we excommunicate all who aid and protect them. Under the threat of anathema we forbid anyone knowingly to have anything to do with them in buying or selling, and we command all rulers of cities and other places to prevent them from practising this iniquity. Otherwise, since not to interfere with the wicked is the same as to aid them, and since he who does not prevent a manifest crime is suspected of having a secret share in it, we command all prelates to exercise ecclesiastical severity against their persons and lands.

13. Besides, we excommunicate and anathematize those false and impious Christians who, against Christ and the Christian people, furnish the Saracens with arms, irons, and timbers for their galleys. If any who sell galleys or ships to the Saracens, or accept positions on their piratical craft, or give them aid, counsel, or support with regard to their [war] machines to the disadvantages of the holy land, we decree that they shall be punished with the loss of all their goods, and they shall be the slaves of those who capture them. We command that this decree be published anew every Sunday and Christian feast day in all the maritime cities, and the bosom of the church shall not be opened to offenders against it unless, for the support of the holy land, they give all that they have gained from such a damnable business, and as much more from their possessions, so that they shall be justly punished for their crimes. But if they cannot pay, they shall be punished in some other way, in order that by their punishment others may be prevented from impudently attempting things of the same sort.

14. We forbid all Christians for the next four years to send their ships, or permit them to be sent, to lands inhabited by Saracens, in order that a larger supply of vessels may be on hand for those who wish to go to the aid of the holy land, and also that the Saracens may be deprived of that aid which they have been accustomed to get from this.

15. Although tournaments have been prohibited by many councils under the general threat of punishment, we forbid them for three years under the threat of excommunication, because the crusade is hindered by them.

16. Since, for the accomplishment of this work, it is necessary that Christian princes and peoples live in peace, and in order that the clergy may be able to make peace between all who are quarreling, or persuade them to make an inviolable truce, with the approval of the holy universal council we decree that a general peace shall be observed in the whole world for at least four years. And those who shall refuse to observe this peace shall be compelled to do so by excommunication of their persons and interdict on their lands, unless they have been so malicious in inflicting injuries on others that they themselves do not deserve the protection of such a peace. If they disregard the censure of the church, the ecclesiastical authorities shall invoke the secular power against them as disturbers of the business of Christ.

17. Trusting, therefore, in the mercy of omnipotent God and the authority of Saints Peter and Paul, and by the authority to bind and loose, which God has given us, to all who shall personally and at their own expense go on this crusade we grant full pardon of their sins, which they shall repent and confess, and, besides, when the just shall receive their reward we promise them eternal salvation. And to those who shall not go in person, but nevertheless at their own expense and in proportion to their wealth and rank shall send suitable men, and likewise to those who go in person but at the expense of others, we grant the full pardon of their sins. All who shall give a fitting part of their wealth to the aid of the holy land shall, in proportion to their gifts and according to the degree of their devotion, have a share in this forgiveness. This universal council wishes to aid in the salvation of all who piously set out on this work, and therefore grants them in common the benefit of all its merits. Amen.

Given at the Lateran, 19 kal. Jan., year 18 of our pontificate.

X. SOCIAL CLASSES AND CITIES IN GERMANY

289. Otto III Forbids the Unfree Classes to Attempt to Free Themselves, _ca._ 1000.

Altmann und Bernheim, no. 61.

In the tenth century a large part of the peasant population of Germany was unfree. But from this decree of Otto III it is apparent that they were trying to escape from this condition. From various causes they had been able to avoid rendering their servile dues, and had, on that account, asserted their freedom.

While the number of unfree was great, they were not all equally unfree. The lowest grade were slaves in the real sense of the word; that is, they were chattels. But this class was not numerous and was tending to disappear. The highest grade was composed of those who were personally free, and who could amass property; but they were unfree in that they had no legal status. That is, they could not appear in court as a party to a suit, nor could they testify as witnesses. In all legal matters they had to have some one to represent them in the court. These are the two extremes, between which there were a great many unfree classes or groups, each differing from the other in the degree of personal or property rights which they possessed. An idea of some of these classes will be gained from the following documents.

There is need of careful legislation because the princes of the empire, both lay and clerical, rich and poor, the higher as well as the lower, make frequent complaints that they are not able to obtain from their unfree subjects those services to which they have a right. For some falsely declare that they are free because their lords, in many cases, cannot prove the servitude which they [their unfree subjects] are trying in a dishonest way to escape. Others are trying to rise to the honor of freedom because their lords have, for a long time, been hindered from knowing anything about their unfree subjects, and hence the latter have not been kept in their accustomed state of servitude, nor are they forced to pay a tax as a proof of their unfree state. So on this account they declare that they are free and boast that they have lived in freedom, because for a short time they have not fulfilled their servile duties. Therefore we have issued this imperial law: (1) If a serf, led by his desire for liberty, says that he is free, his lord may settle the case by a duel with him, fighting either in person or by his champion [representative], as he may wish. The lord is given this privilege because of the great difficulty there is in proving such things in the regular way. The unfree man may secure a champion for himself if, because of age or disease, he is unable to fight.(2) In order that the unfree may not hide his real condition by avoiding his duties for a time, we decree by this our edict, which, with the help of God, shall be valid forever, that hereafter each one shall show his servile condition by paying a denar of the ordinary currency every year on the first of December to his lord or to the agent whom he shall appoint for this purpose. (3) The children of the free shall begin to pay this tax as a proof of their servile condition in their twenty-fifth year and at the appointed time. And no matter how long they may avoid paying this tax, they shall not thereby become free. (4) If any unfree man belonging to the church shall disobey this edict, he shall be fined one-half of all his goods and he shall be reduced to his former unfree condition. For an unfree man of the church may never become free. We strictly forbid the unfree of the churches to be set free, and we order all those who have, by any device, been freed to be reduced to servitude again.

290. Henry I Frees a Serf, 926.

Bresslau, Centum Diplomata, pp. 3 f.

There were many ways in which a serf could be set free, but after 850 the form used in this document was not uncommon. A freeman was to a great extent dependent on his relatives as witnesses. He could not prove his freedom without their testimony. When a serf was set free he was without a family, because his relatives, being serfs, could not testify in court. The charter which the king gave him was the only evidence of freedom which he possessed. It took the place of the testimony of his relatives.

When a serf was freed he became a "freedman." But generally he was not entirely free, for there was still a personal bond between him and his lord, to whom he must pay a poll-tax. The coin which was knocked out of his hand symbolized this poll-tax. That is, his offer to pay the poll-tax is rejected, the coin is knocked out of his hand as a symbol that he is now entirely free, and is no longer bound to pay the poll-tax.

In the name of the holy and undivided Trinity. Henry, by the divine clemency king. Let all our faithful subjects, both present and future, know that at the request of Arnulf, our faithful and beloved duke, and also to increase our eternal reward, we have freed a certain priest, named Baldmunt, who is our serf, born on the land of the monastery of Campido. We freed him by striking a penny out of his hand in the presence of witnesses, according to the Salic law, and we have thereby released him entirely from the yoke of servitude. And by this writing we have given a sure proof of his freedom and we desire that he shall remain free forever. We ordain that the said Baldmunt, the reverend priest, shall enjoy such freedom and have such rights [that is, have the same legal status] as all those have who up to this time have been set free in this way by the kings or emperors of the Franks.

291. Henry III Frees a Female Serf, 1050.

Bresslau, Centum Diplomata, p. 49.

See introductory note to no. 290.

Henry, etc. Let all our faithful Christian subjects, both present and future, know that we, at the request of a certain nobleman, named Richolf, have freed a certain one of his female serfs, named Sigena, by striking a penny out of her hand. We have freed her from the yoke of servitude, and have decreed that the said Sigena shall in the future have the same liberty and legal status as all other female serfs have who have been freed in the same way by kings or emperors....

292. The Recovery of Fugitive Serfs, 1224.

M. G. LL. 4to, IV, 2, no. 287.

The condition of the serfs was a hard one. They had heavy work, poor shelter, and bad food. It is not strange that they sought freedom by running away. The cities offered them a good asylum, for they regarded it as a part of their law that a serf remaining in a free city a year and a day without being reclaimed by his lord became free. The lords objected to this, but without effect. Since the cities refused to deliver serfs to their lord on demand, it was necessary for the lords to enter the city and search for them. But in doing so they ran great risk of being stoned from the house-tops. Henry [VII] prescribed that they should have protection from the king as well as from the officials of the city which they wished to search.

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.

The king by virtue of his royal power could confer nobility on all whom he wished. The document of Charles IV is especially interesting as showing the degree of honor attaching to learning. The learned man was, because of his learning, the equal of the noble. He who had taken the Master's degree in both laws was thereby raised to the same social plane as the knight, but, of course, was not thereby knighted. Charles IV recognized this principle and conferred knighthood on his friend, the professor, who had received this degree.

Charles IV, by divine clemency emperor of the Romans, Augustus, and king of Bohemia, sends his favor and wishes all good to the honorable Wycker, _scholasticus_{123} of the church of St. Stephen of Mainz, his [that is, the emperor's] chaplain, intimate table companion, and devoted and beloved member of his household.

Beloved and devoted: Although, according to your birth and to the standards of the world, you were not born of a noble family and are not reckoned as a knight, nevertheless, because you are adorned with so great and remarkable knowledge of both the civil and canon law, that it supplies what you lack by birth [that is, nobility], in imitation of our predecessors, the emperors of great and renowned memory, we regard your knowledge and ability as the equivalent of nobility, and out of the fulness of our imperial power we decree that you are noble and knightly, and of the same rank, honor, and condition as any other noble and knight. Therefore we strictly command all princes, ecclesiastical and secular, counts, chiefs, nobles, and all our other faithful subjects, to whom this letter may come, under threat of the loss of imperial favor, to regard, hold, and treat you as such [that is, as a knight], in all places; and out of reverence for the holy empire to admit you to all the rights, privileges, etc., which noblemen are accustomed to enjoy....

{123} That is, he was a professor in the school connected with that church.

296. The Law of the Family of the Bishop of Worms, 1023.

Altmann und Bernheim, no. 62; M. G. LL. 4to, I. pp. 640 ff.

The bishop of Worms was a large landholder, possessing a great deal of the land in the city as well as in the country. This land may be divided into two groups according to the way in which it was held and tilled. Some of it was let out as fiefs, and from this the bishop received only the regular feudal dues according to the terms on which he let it out. The rest of his land was called the domain, and was tilled by serfs who lived on it and were attached to it. There was great variety in the condition of the serfs. Some of them had little or no right to the products of their labors, except to what they needed to eat and wear. It would of course be impossible for such to acquire property. Others had a right to a greater or less share of the products of their labors, and hence they could amass property. Through their wealth all such could, in the course of time, improve their condition and rise in the social scale. All those of this servile group were unfree; they were bondmen of the church. All of them taken together were called the family of St. Peter. They were attached to the soil which they tilled, paid a tax in money or in kind, or rendered services, and were under the protection of the church and the jurisdiction of the bishop.

From paragraphs 9, 13, 16, etc., we learn that there were two classes of these serfs, the _fisgilini_, and the _dagewardi_. Of these the _fisgilini_ were the higher in the social scale. According to paragraphs 9 and 29 they had a share in the _wergeld_ of members of their family and they were not compelled to render services except of a certain kind or in certain departments of the bishop's household. The services which they were bound to render were considered less servile, less ignoble, than those required of the _dagewardi_. From these facts it is inferred that their ancestors had at one time been free, but had surrendered their lands and their freedom and become bondmen of the church for the sake of securing protection. Bishops and abbots were generally regarded as lenient lords in comparison with secular princes, and many preferred to become bondmen of the church rather than of secular lords. The lands which they held they passed on from father to son (par. 2 and 3), and they could amass property and dispose of it (par. 1 and 4). From paragraphs 26, 27, and 28 there seems to have been some difference between the _fisgilini_ who lived in the city and those who lived in the country. The former were no doubt artisans, the latter, peasants. But it is not clear what other differences existed between them.

Besides these bondmen, mention is made in the introduction and par. 14 of knights and freemen. These were the vassals of the bishop, holding the lands of the church as fiefs. They were not included in the "family of St. Peter."

Three officials are mentioned. (1) The advocate was a layman who represented the bishop and the church in all secular matters, held the three regular courts of the year, collected the fines which fell to the bishop, etc. In theory he was the protector of the church against all violence and oppression, but not infrequently he took advantage of his position, and by threats and other unjust measures oppressed the church and extorted money from it. (2) The _vidame_ was the aid or representative of the advocate and assisted him in the administration of his office. (3) The "official" of the introduction is the same as the "local official" in paragraphs 2, 12, and 24. As the people on these lands lived in villages, he was probably the official whom the bishop entrusted with the government of the village. He held the local or village court. (See note to par. 13.) There were _scabini_ or _Schoeffen_ who assisted all these officials in administering justice (see Glossary).

In par. 29 we have the origin of a new class which came to be called ministerials. Since no. 297 treats of them especially, the student is referred to it for a discussion of this class.

Although not logically arranged, this document is in fact a little code of laws for the government of the bondmen of the church. A careful analysis of each paragraph is recommended and the student will find it profitable to attempt a classification of its provisions. The laws concerning the different classes should at least be grouped together.

This family of St. Peter may be regarded as a partial cross section of the society in and about Worms, showing many of the layers of which that society was composed. The bishop's lands were no doubt scattered about, and not in one mass. So there were other serfs, probably of different grades, as were the _fisgilini_ and _dagewardi_, and other freemen, knights, etc., living as neighbors to the serfs and vassals of the bishop.

Because of the frequent lamentations of my unfortunate subjects and the great injustice done them by many who have habitually wronged the family of St. Peter, imposing different laws upon them and oppressing all the weaker ones by their unjust judgments and decisions, I, Burchard, bishop of Worms, with the advice of my clergy, knights, and of all my family, have ordered these laws to be written, in order that hereafter no advocate, nor vidame, nor official, nor any other malicious person may be able to add any new law to the detriment of the afore-mentioned family, but that the whole family, rich and poor alike, may have the same law.

1. If anyone of the family of St. Peter legally marries a woman who is also a member of the family, and gives her a dower and she has peaceable possession of it for a year and a day, then if the man dies, the wife shall hold the whole of the dower until she dies. When the woman dies, if they had no children, the dower goes to the nearest heirs of the man. If the woman dies first, the same disposition shall be made of it [that is, it reverts to the husband and his heirs]. If after marriage they acquire property, when one of them dies, the other shall have it and do what he will with it. If the wife brought any property to her husband at the time of marriage, at the death of both, their children, if they have any, shall inherit it. If they have no children, it shall return to her relatives unless she gives it away before her death. If the children die after inheriting it, it shall return to the nearest relatives of their mother.

2. If anyone has inherited a piece of land with serfs, and becomes poor and is forced to sell it, he must first, in the presence of witnesses, offer to sell it to his nearest heirs. If they will not buy it, he may sell it to any member of the family of St. Peter. If a piece of land has, by judicial process, been declared forfeited to the bishop [because the holder has not paid the proper dues or rendered the due services], and any one of the heirs of the one who held it wishes to pay the back dues, he may do so and receive the land. But if no heir wishes to pay the back dues, the local official may let the land to any member of the family he may wish, and the one thus receiving it shall hold it. If after a few years someone comes and says: "I am the heir. I was poor, I was an orphan, I had no means of support, so I left home and have been supporting myself in another place by work," and if he tries by his own testimony alone to dispossess him who, with the consent of the bishop, received the land, and who has cultivated it well and improved it, he shall not be able to do so. For since there was no heir at the time who was willing to pay the back dues, let him to whom the local official gave it keep it. For [it may be said to the new claimant]: "If you were the heir, why did you go away? Why did you not stay at home and look after your inheritance?" No hearing shall be granted him unless he has a good and reasonable excuse [for his absence]. If anyone who has a piece of land by hereditary right dies leaving a child as heir, and this child is not able to render the service due, and there is a near relative who is willing to render the due service for this land until the heir becomes of age, he may do so. But let the heir not be disinherited because of his youth. We beg that he may be treated mercifully in this matter [that is, that he may receive his inheritance when he comes of age].

3. If anyone on our domain land dies leaving an inheritance, his heir shall receive it without being bound to give us a present, and thereafter he shall render the due service for it.

4. If any member of the family dies leaving free property, unless he has given it away, his nearest heirs shall inherit it.

5. If anyone in the presence of witnesses and with the consent of his wife parts with [alienates] any piece of property, no matter what it is, the bargain shall stand unless there is some other good reason for breaking it.

6. If anyone sells his land or his inheritance to another member of the family in the presence of one of his heirs, and that heir does not object at the time, he shall never afterwards have the right to object. If an heir were not present, but, after learning of the sale, did not object within that year, he shall afterwards not have the right to object to it.

7. If anyone is, by the judgment of his fellows, put "into the bishop's hand," he and all his possessions are in the bishop's power.

8. If anyone takes some of his fellows and does some injustice to a member of the family, he shall pay a fine for himself and for his accomplices and each one of them shall pay his own fine.

9. Five pounds of the _wergeld_ of a _fisgilinus_ go to the bishop's treasury and two and one-half pounds go to his friends [kin].

10. If a man and his wife die leaving a son and a daughter, the son shall receive the inheritance of the servile land [_i.e._, the land which the father held], and the daughter shall receive the clothing of her mother and all the cash on hand. Whatever other property there is shall be divided equally between them.

11. If anyone has received a piece of land and serfs by inheritance, and takes his bed because of illness so that he cannot ride on horseback or walk alone, he shall not alienate [dispose of in any way] the land and serfs to the disadvantage of his heirs, unless he wishes to give something for the salvation of his soul. All his other property [that is, all that he has gained in addition to what he inherited] he may give to whomever he wishes.