Documents on Late Medieval Rural Society Ordinance of the Commune of Ingenried (1549) Mediation between the Abbey of Weingarten and its Peasant Subjects (1432) Grievances against the Imperial Abbey of Kempten (1492) Introductory note: The following documents illustrate the structures and tensions of village society in the Empire during the century prior to the Reformation. As the first document shows, villages enjoyed a large measure of regulatory autonomy. Self-government could be wide-ranging: it records a decision by the village mayor, court, and commune of Ingenried in Bavaria to hire, pay, and stipulate the duties of two village employees for the entire village. Such autonomy was the outcome of long-term social trends as well as bitter political confrontations. The second document offers a glimpse of one such struggle, in which the tenant-subjects of Weingarten abbey tried to limit the ability of their lord, "the abbot...and his monks," from extracting what amounted to an inheritance tax. The mediation takes place in a neutral setting, within the imperial free city of Ravensburg, and is mediated by three nobles, acting on the Emperor's behalf; the abbot is supported by other abbots of his order, the Premonstratensians. The treaty regulates the disposition of inheritances according to the status of the deceased, whether the deceased person was married and whether the spouse was free or unfree, and whether or not the deceased had left legitimate heirs. The third document records a similar treaty from a later period. Here, however, the situation is complicated by the existence of three different levels of legal status among the tenants. Note the threat issued in the final paragraph. In all negotiations between lords and subjects, the fundamental inequality and the threat of force of the lords against their subjects lay behind the apparent equality of negotiations in situations such as this one. Translations © Thomas A. Brady, Jr., and Peter Blickle. Image: Titlepage of Pamphilus Gengenbach, Der Bundtschu: disz biechlein sagt von dem bösen fürnemen der Bundtschuh her / wye es angefengt geendet und auskumen ist (1514). Image source: Manfred Bundschuh.

Let everyone take cognizance from this public announcement that the mayor, court, and whole commune of Ingenried have decided on and established the following ordinance and rule in their village.

Namely, first of all, that the village employees, the sexton and the bath attendant, shall be annually appointed by the vicar and the whole commune of Ingenried.

Namely, that the bath attendant shall proceed as follows. On Saturdays he shall have the bath ready by noon and shall open it for anyone who wants to bathe. Once a month he shall open it for washing heads and shall wash heads until 2 o'clock in the afternoon, and afterwards he shall cut hair. If anyone needs his hair cut earlier, he shall wash the hair and cut it on Saturdays. And for a fee he may open the bathhouse at other times. He shall also have buckets and boxes ready for the men and the youths. If sick persons want to bathe, he shall inform the mayor and the IV [= the village court] whether it would not do more harm to keep them out. He shall provide the sick people with a special knife for shaving. His pay shall be from each farmer a measure [Metzen] each of rye and oats, and each farmer shall fetch wood for him four times from the forest. Item, a small farmer [Söldner] shall give him also a measure each of rye and oats and shall split wood for the bathhouse for one day. The commune shall give him the wood. And on high holydays everyone shall give him a Kreuzer [= a small coin] of "wedding money [Hochzeitsgeld]." Item, servants whom he barbers shall give him 3 shillings, and otherwise male and female servants shall pay him a Bohemian coin or a measure of oats. He shall also keep hot water in the kettle, which the commune bought for him, and keep the kettle clean and in good order. For this purpose the commune gives him a piece of meadow in the Upper or Lower Stellin, which will produce about one small measure [Fuder] of hay.

Item, a sexton shall be obedient to the vicar of Ingenried, and he shall ring the bells and take care of everything necessary for the mass and for the church. He shall not leave the village without the vicar's knowledge and permission.. He shall take care of the church and see that the bells ring the times of the day, around four o'clock in the winter and in summer between two and three, also at midday and before storms. He shall watch the clock and keep the hours as best he can. And whatever is needed for the saints [i.e., their altars], such as hosts, wine, bells for ringing during mass, and such things which pertain to the mass, he shall fetch and have read, though not at his own cost. His pay shall be as follows. Each farmer shall give a measure each of rye and oats, and also six sheaves of grain -- half summer and half winter crops -- for ringing the bells. Each small farmer shall give a half-measure each of rye and oats. Whoever has land outside his farmstead, he shall give sheaves -- half summer and half winter crops -- for ringing the bells.

Given on Friday after Ascension Day, 1549.

This is a treaty concerning death duties and estates.

We, the undersigned Markwart von Königsegg, Provincial Commander in Alsace of the Teutonic Order, Jakob Truchseß von Waldburg, and Haupt zu Pappenheim, hereditary marshal of the Holy Roman Empire, announce openly and proclaim to all who may read this document or hear it, concerning the dispute, conflict, and quarrel that arisen between the honorable, clerical lords, Lord Johann Blarer, Abbot of Weingarten, and his monks, on the one side, and their tenants [literally: poor folk], on the other. For this reason the ever august prince and lord, Lord Sigmund, King of the Romans, ever Conserver of the Empire and our most gracious lord of Bohemia, Dalmatia, and Croatia, wrote to us under his royal seal to command us and empower us to call both aforementioned parties to a meeting, and to compose them by arbitration or by legal decision--as is set out clearly in the king's letter.

Whereupon we called both aforementioned parties to appear before us concerning their dispute, for which purposes we announced and fixed a meeting here at Ravensburg, that is, the day of this document [i.e., today].

And when both parties appeared before us, we sat down here in the city hall of Ravensburg and heard the advocates for both parties and the letters, which they wished to have read to us. Afterwards, we negotiated that both parties voluntarily and with good will placed their quarrels in our hands. And then the aforementioned Abbot Johannes and his monks, in the presence of the honorably clerical lords, Abbot Martin of Rot and Abbot Johann of the Mindere Au bei Ravensburg, both of the Premonstratensian order, and many other honorable, good folk who were there, took their oaths from me, the aforementioned Jakob Truchseß, and gave their promises. Then the aforementioned poor folk, who are serfs of the abbey of Weingarten, also gave their oaths from me, Jakob Truchseß, and with their fingers raised swore to God and the saints. Both sides swore that however we would judge and compose between them, they would regard it as just and legal, and that they, for themselves and their heirs and successors forever and for all eternity, would steadfastly, loyally, truly, and continuously hold to it and stick with it, and that they would never act against it, or allow anyone else to do so, either secretly or openly, in any way.

1) Then we three judges unanimously announced to them that notwithstanding all ill will, disputes, and quarrels, and every hostile word or deed with has passed between the parties or suspected of those related to them, that this is a complete and settled legal matter, and shall be so regarded, by them and by everyone. And the aforementioned lord, the abbot, and his monks shall not punish the poor folk for any deeds, but they shall be gracious lords to these folk. And these same poor folk shall be loyal and true to the aforementioned lord and the abbey, untroubled by this past quarrel and without any deception.

2) Further, we have unanimously spoken to them, that charters produced by the aforementioned Lord Abbot and his monks, including all charters of liberties from the Roman emperors and kings, plus the judgment concerning the property at Hagenau, which was issued by the late Schwarzenburg, and others, justices of the royal court of our most gracious lord, the king -- which were read to us -- all shall remain in effect.

3) Further, in order that the aforementioned Lord Abbot and his monks of Weingarten and their serfs shall remain at peace and without conflict for all future time, and so that they shall stand by and support one another, we three unanimously have decided and announce as follows. When a person departs his community by death and leaves no children, or if the children have been manumitted, then the abbey shall claim a fine, namely, the best garment, which the person on "Proud Monday" wore to church and on the street [i.e., the wedding garment]; and also as head tax the best animal from the livestock, plus one-third of all the estate left by the deceased. Excepted from this shall be all iron implements, and all wagons, carts, and plow -- which are needed for cultivation -- because these should properly remain with the farm.

4) If a person dies and leaves heirs who are not manumitted, the abbey shall claim a fine and head tax only, as specified above, and all the rest of the property shall go to the heirs.

5) Further, we three have unanimously decided that if a person, man or woman, dies unmarried, the abbey shall claim the fine, the head tax, and a third of the estate, as specified above. The rest shall go to the heirs.

6) Further, we three have unanimously decided that if a man dies who was married to a woman belonging to another lord [ungenossame Ehe], and if he had not compensated the abbot and monks, then they abbey shall claim a fine of the best garment, a head tax of the best animal, and one-half of the entire estate he left behind, including both real and personal property.

7) If a woman who belongs to the abbey dies and leaves a husband behind who does not belong to it, the abbey shall claim a fine of the best garment, the one she wore on "Proud Monday" to church and in the street, plus a third of the entire estate she left behind, except for the iron implements, wagons, carts, and plow, which ought to remain on the farmstead. The remainder shall go to her heirs.

8) Further, we three have unanimously decided that whoever has voluntarily bought his freedom from, or sold it to, the abbey, and if he has documents to that effect, the aforementioned Lord Abbot and monks of Weingarten shall, upon being shown these documents, be content with the situation as documented.

9) Further, we three have unanimously decided that if one or several persons, who occupy lands of this abbey, act against our judgment and these articles or refuse to obey any of them, that if this be proven, from that moment their properties and lease shall revert to the abbey of Weingarten, and the abbot and monks may then dispose of them as they think best for the abbey. And in this they shall receive protection from the Imperial bailiff [Landvogt] in Swabia.

10) If anyone, who is not a tenant of the abbey, acts against our judgment and any of its articles, or fails to obey this letter, where this is proven the Imperial bailiff in Swabian shall fine them 20 (Ravensburg) measures of oats, which shall be paid immediately and in full. Further, all rights of such folk, who have acted against this judgment, shall revert to the aforementioned Lord Abbot and monks of Weingarten, who shall produce their charters and privileges to document their rights. And the Imperial bailiff in Swabia shall protect abbot and monks in this matter.

11) Further, and lastly, we three have unanimously decided that if it should happen that one or more of the aforementioned serfs of the abbey becomes disobedient to the abbot and monks of Weingarten, and refuses to obey their will, whether once or several times, and when this is known, such folk shall not enjoy the protection of our judgment. In that case, the aforementioned Lord Abbot and monks might repossess all their rights from such persons, according to their charters and ancient custom. And the Imperial bailiff in Swabia shall protect abbot and monks in this matter.

Further, because matters which are not written down or fixed by charters, may easily be forgotten, therefore, for the permanent preservation of an authentic record of what we have decide, we, the aforementioned Markwart von Königsegg, Provincial Commander in Alsace of the Teutonic Order, Jakob Truchsess von Waldburg, and Haupt zu Pappenheim, hereditary marshal of the Holy Roman Empire, have voluntarily placed our seals on this letter, without prejudice to us our heirs. Two identical copies of it have been prepared and given to the two parties. And this happened, and this letter is dated, on Tuesday before feast of St. Lucy the virgin, in the year of Our Lord 1432.

The following grievances and articles are to be submitted and spoken by the poor folk [arme Leute] of the abbey of Kempten to their gracious lord of Kempten, for which reason they have gathered together.

1) First, we believe we have just complaint of the tax and the war tax. Even charter was read, according to which the abbot should stick to the provisions of this charter and not raise the dues, our gracious lord, the abbot, nonetheless has not held to the charter but has laid new taxes on us without consulting us.

2) The free tenants [freie Zinser] have always had, and in the future should continue to have, the right of free mobility [freier Zug], as it their liberty. Our gracious lord, the abbot of Kempten, nonetheless arrests them, jails them, puts them in stocks, and tries to force them to sign unjust agreements not to leave the abbey's lands, and not to enter the power of any other lord, but to stick solely to the authority of the abbot and the abbey. All this violates their letters and the charter. And if he [the abbot] is not satisfied by corporeal punishment, he fines them 40 or 60 Rhenish florins, depending on how much the tenant has.

3) The abbey's serfs complained that when a person dies and leaves married children behind, our gracious lord of Kempten seizes half the estate. If one or both partners dies, he seizes their estate. If a man or woman dies without direct heirs, he seizes the entire estate and disinherits the siblings and other heirs, which is alien and unjust and also against our ancient custom and unheard in our land.

4) They complain that it is unheard of that when a free tenant marries a servile woman, or a free woman a servile man, that he or she must share the servile status of the partner. In the past there has never been any penalty for such marriages.

5) He [the abbot] also forbids his serfs, and also his free tenants, to sell their own properties to anyone outside this jurisdiction. They may also not sell rentes or pay interest outside nor encumbered their farms with them, but they may only sell to persons within this jurisdiction.

6) He also forbids his serfs and tenants to bring any additional livestock on the commons or into the mountain pastures, except for his own livestock.

6a) They say that when a tenure is leased to someone, he should be allowed to use it, along with his sons, married or not, so long as the father is alive.

7) The commune of Günzburg complains that according to a conversation between the abbot and Lord Markwart von Schellenberg, it was agreed that the Günzburgers would pay the abbot 30 lb. of Heller, which they did, in return for which he would confirm their ancient customs in every particular. But the abbot did not keep his word on many points, which the Günzburgers can describe orally, if necessary.

8) Concerning fines for crimes, they say that they should not be made to pay more by the courts for crimes than ancient custom dictates.

The people of the land assembled on account of these and other, unwritten articles, and they placed their grievances against the abbey of Kempten in the hands of their representatives and told them to request that the people be left with their liberties, their ancient customs, and their rights, according to their charters' contents. If so, for their part that will support the abbot and the abbey rightly and properly in conformance to the latter's rights.

For this purpose they assembled for some days. Lord Markwart von Schellenburg and Lord Hans von Frundsberg, both knights, etc., and Ott Zwicker, a burgher of Memmingen came to them. And Lord Hans von Frundsberg said that they had asked for adjudication, but he had come to negotiate their grievances or to consider them at law, nor did he care a fig for their grievances, but he had come to bring them to obedience with the sword and to make their wives and children into widows and orphans, and their pikes will become their graveyard.