A Source Book for Mediæval History: Selected Documents illustrating the History of Europe in the Middle AgeThatcher, Oliver J. (Oliver Joseph)
History
A Source Book for Mediæval History: Selected Documents illustrating the History of Europe in the Middle Age
Thatcher, Oliver J. (Oliver Joseph)
Europe -- History -- 476-1492 -- Sources; Middle Ages -- Sources
In the name of the holy and undivided Trinity. Frederick, by divine
mercy emperor of the Romans, Augustus. ... Know all our faithful
subjects, present and future, that with the aid of him who sent peace on
earth, we have been able to settle the long quarrel between our beloved
uncle Henry, duke of Austria, and our beloved nephew, Henry, duke of
Saxony, over the possession of the duchy of Bavaria. This was
accomplished at the diet of Regensburg on the day of the Nativity of the
blessed Virgin Mary in the presence of many pious catholic princes. This
is the way in which the settlement was reached: The duke of Austria
resigned the duchy of Bavaria into our hands, and we immediately granted
it in fief to the duke of Saxony. Then the duke of Bavaria [Henry of
Saxony] surrendered to us the mark of Austria with all its rights and
all the fiefs which the former margrave Luitpold held of the duchy of
Bavaria, and we have made the mark of Austria a duchy with the consent
of the princes, Wadislaus, duke of Bohemia, putting the motion and the
other princes agreeing to it. This was done in order that our beloved
uncle should not lose in rank by the transfer. We have now granted the
duchy of Austria in fief to our uncle Henry and to his wife Theodora,
decreeing by this perpetual edict that (1) they and their children after
them, whether sons or daughters, shall hold and possess it by hereditary
right. If our uncle and his wife should die without children, they may
leave the duchy by will to whomsoever they desire. (2) We decree also
that no person, great or small, shall presume to exercise any of the
rights of justice within the duchy, without the consent and permission
of the duke. (3) The duke of Austria does not owe any services to the
empire, except to attend, when summoned, such diets as may be held in
Bavaria. (4) He is not bound to join the emperor on any campaign except
such as may be directed against parts of the kingdom neighboring to
Austria.
111. The Bishop of Würzburg is made a Duke, 1168.
Bresslau, Diplomata Centum, no. 72; Doeberl, IV, no. 44.
The old duchy of Franconia disappeared with Conrad II (1024-39). The
Staufer, who inherited the family lands of Conrad II, called themselves
dukes of Rothenburg, and not of Franconia. A large part of the original
duchy went to make up the bishoprics of Mainz, Bamberg, and Würzburg. In
time the bishops of Würzburg put forth the claim that they had received
the ducal office in Franconia. In a diet at Würzburg, 1168, Herold, the
ambitious bishop of Würzburg, presented some forged documents to
Frederick I to prove that the bishops of Würzburg were also dukes and
had ducal authority in the duchy of Würzburg, which was identical with
the bishopric. Frederick was deceived by these forgeries and confirmed
the bishop in his usurped title and authority. The bishops of Würzburg
now received the highest jurisdiction over their territory.
Public-domain text, read in full here on John Shaqi.
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