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Internet Medieval Sourcebook

Agilolfing-Era Charters from Freising (8th Century)


Translated by Jonathan Couser

Courser Introduction:

The Cathedral of St. Mary and (from 768) St. Corbinian at Freising in Bavaria preserved one of the fullest collections of charters from the fringes of the Carolingian world.  About 125 documents survive from the fifty-year period prior to Charlemagne’s takeover of the Bavarian duchy in 788, and hundreds more from after that period.  The earlier part of this collection is translated here, along with a couple of interesting documents from after the transfer of power.  

To use charters effectively as historical sources, it is often important to read them in the context of the collection of which they form a part.  Charters are legal documents; as a result, their form and content are generally dictated by formulaic patterns, either copied from a model-book or “formulary” with the relevant details filled in the blanks, or simply composed by the scribe’s familiarity with appropriate styles.  Thus, for instance, if one were to read a single charter individually one might be impressed by the piety of the donor, meditating on the fate of his soul in the afterlife; but when the identical explanation of donors’ motivations appear in dozens of charters, one can see that this is simply part of the stereotyped format.  

Most charters have a set of standard components: An “arenga,” or “harangue,” in which the donor gives the reasoning for the gift he is about to make.  In Bavarian charters this is occasionally followed by a “narratio,” which describes the events leading up to the decision to make the gift.  There follows a “dispositio,” the legal declaration that the donor actually makes the gift and a description of the gift itself.  The dispositio often includes stereotyped lists of possible forms of property, which are not necessarily a description of the actual property but simply intended to indicate that all the real estate at the site is included.  Next comes a “sanctio,” or penalty clause which forbids anyone, particularly the donor’s heirs, from trying to revoke the gift, with threats of spiritual and temporal punishments.  Finally, in order to make the donation legally binding, come the lists of witnesses, a clause naming the date and place where the donation was made (often not the same as the location of the real estate given), and a notarization by the scribe.  

Dating the charters sometimes poses a challenge.  The documents here are not preserved in their original parchments, but as copies entered into a “Donation Book” early in the ninth century; sometimes the dating clauses were left out by the copyist.  Even when recorded, they are not always clear.  Anno Domini dating was not in general use in the eighth century in legal documents, though chroniclers were using it.  Instead, scribes relied on a combination of systems.  The year is usually expressed in regnal years, most often of the Bavarian duke but sometimes of the Frankish king.  One needs to remember, of course, that these reigns did not begin on January 1, so the fourth year of King Pippin’s reign might mean 756 or 757 depending on the month.  The month and day was usually given by the old Roman system, which did not count days of the month from one to thirty or thirty-one, but counted backwards from either the Kalends (the first of the month) or the Ides (the middle days of the month).  Thus, the second of the Kalends of December is November 30.  In addition, some charters refer to the indiction cycle, a twelve-year sequence used for the taxation system in the Roman Empire, long obsolete by the eighth century but still used by scribes as a way to cross-reference the ruler’s year.  

Charters can be used to approach a number of important historical questions.  Politically, they often show the ruler in interaction with important church institutions and individuals in his realm, permitting or encouraging donations or making them himself.  They also give some indication of social groupings; a few charters, by naming unfree persons who are included in the donation, allow fleeting glimpses of peasant life, while the witness lists, especially compared with one another, can enable scholars to reconstruct kinship groups.  Of course, there is also the economic dimension.  Often the only image we get of aristocratic landholding patterns comes from seeing the patterns of donations to churches.  The charters also give us our best sense of what kinds of wealth were available for aristocrats to dispose of.  Finally, while the expressions of piety in the charters are generally stereotyped, even the stereotypes can tell us something.  They show what society thought a donor’s motivations ought to have been (whether or not the donor in an individual case was really feeling what his charter claimed).  Sometimes we also see variations in the stereotyped formula, suggesting that the donor’s personal expression is coming through.  

Translated by Jonathan Couser from Theodor Bitterauf, ed., Die Traditionen des Hochstifts Freising (Munich, 1905), vol. I.  

All errors are my own and corrections welcome - JBC.


Bishops Ermbert (730?-748) and Joseph (748-764)

*

TF 1: Moatbert grants his paternal estate to Zolling with its accessories (9/12/744).  

MOATBERT’S GRANT TO ZOLLING

Our lord and redeemer of all Jesus Christ calls out with a clear voice, saying, “Store up treasures for yourselves in heaven, where neither rust nor moth destroy and where thieves do not break in and steal.”  

So I, Moatbert, together with my spouse, named Totana, to follow this example insofar as I am able, have given to the house of St. Mary ever Virgin in Freising where the bishop Ermbert is seen to preside, whatever my father Petto left me as an inheritance in the place called Zolling and whatever appears to belong to me there by law; I give and transfer in all to the named house, into the hand of bishop Ermbert in the presence of the whole household (familia) of St. Mary, that is houses, enclosures, fields, meadows, pastures, woods, springs and running streams, unfree persons, beasts, cattle, and all the tools, by means of this firm donation, and after my death and my wife’s may this estate be an estate of the saints’ in perpetuity from me and my [descendants], so that if any of my heirs or any opposing persons whosoever should wish to oppose or break this donation, let him incur first the wrath of God and of all the saints and angels, let him be excommunicated [agmina extraneus permaneat] and may he be condemned to unbreakable shackles and may he not be able to excuse himself and let him be culpable to earthly justice for 50 gold shillings and let him return quadruple restitution and may this donation still remain firm and stable by this attached stipulation.  

Done in the citadel [castra] of Freising in the month of September on the 12th day, in the eighth year of the most glorious duke Odilo.

+sign of Moatbert, who asked that this donation be made and his wife Totana also, along with those consenting and confirming.  

+sign of the priest Quartinus +sign of the priest Felix +sign of the judge Anulo +sign of the judge Regino +sign of Cuno +sign of Sindo sign of Maurinus +sign of Hroado +sign of Hroadunc +sign of Wurmhart +sign of Reginolf +sign of Reginpald +sign of Cundpald sign of Cympho +sign of Chimmi +sign of Birtilo sign of Ato 

I, Benignus, as an unworthy priest, wrote and subscribed [this document], with duke Odilo’s confirmation.  

*

TF2: Amilo donates his property at Wolfertshausen (Ampermoching, 2/12/748)

AMILO’S GRANT OF WOLFERTSHAUSEN

While meditating in the name of God and thinking about my soul and the future life, that I might deserve to receive indulgence with the good Lord in abundance, I, the sinner Amilo, gave and transferred my property which my father Wolfperht left me as an inheritance at the place called Wolfertshausen (i.e. “Wolfperht’s Homestead”) to the church of St. Mary ever Virgin which is located on the public place called Freising, into the hand of Bishop Joseph in the presence of Duke Odilo, so that by the intercession of Christ he might have power for salvation and to rule it, not for harm but for benevolence.  If I myself or any of my heirs or any contrary person whosoever or unrelated persons should wish to come against this grant or break it, first of all let them incur the wrath of God and be excommunicated from all places of the saints and let them appear outside and furthermore let them be forced to pay three pounds of gold and five pounds of silver by the distraint of the fisc, and let them not be able to defend what they sought, but let this present donation remain firm and stable by this attached stipulation.  

This was done on the 12th of the month of February in the place called Ampermoching (Machinga) in the 12th year of Duke Odilo.  And after this I, Duke Tassilo of the Bavarians, confirmed this letter with my own hand.  

+sign of Amilo who asked this document to be made.  +Sign of Rathar.  +sign of Wattini +Sing of Liutprand +Sign of Hrodeo  +sign of Fridabert +Sign of Reginheri +sign of Hroadolt +sign of Fridrih +sign of Arbeo +sign of Cundhari +sign of Cozrat +sign of Goatfrid

I, the unworthy priest priest Benignus, wrote and subscribed [this] as I was asked.  

*

TF3: Tassilo renews a donation of Odilo’s of property at Haselbach

GRANT BY ODILO AND TASSILO AT HASELBACH

In the name of Christ.  Duke Tassilo of the Bavarians has confirmed [the gift of] a territory in a villa known as Haselbach, which Duke Odilo of good memory gave before to the church of the blessed Virgin Mary in the town of Freising by a letter he ordered to be made – the same land which Odilo possessed in said place with all the tools just as it originally was given [he has confirmed] in the same way.  Again, I, Duke Tassilo, for the good of Odilo’s soul give and transfer the territory, fields, pastures, woods, and running waters, and whatever was rightly the property of Odo (sic) in that place, that it may remain in the patrimony of the saints firm and stable by the attached stipulation, so that if anyone should try to come against this charter of donation, may [this charter?] communicate the case [??]

+in the first place, Tassilo made this sign with his own hand.  +sign of Abbot Virgil.  +sign of Reginperht +sign of Regino +sign of Machelm +sign by the hand of Hadumar +sign of Alawich +sign of Utih sign of Cundhar sign of Punin

*

TF4: Notice of Bishop Joseph’s founding of Isen and donations to the same.  748-760

THE LORD BISHOP JOSEPH’S ACQUISITIONS FOR THE HOUSE OF ST. ZENO IN THE PLACE CALLED ISEN AND DONATIONS BY DUKE ODILO AND OTHERS OF THE FAITHFUL TO IT.  

Be it known to all faithful and true men, that the lord Bishop Joseph gathered together with many faithful and true men and granted property which would pertain to the house of St. Zeno which was built below the river called the Isen.  Some [of this property] the lord Bishop Joseph acquired with money, other [property] was given and donated by faithful men and turned over to the house of God that we spoke of before, and they gave a share of the territory to St. Zeno, that they might happily gain a heavenly homeland to possess and set their souls free from danger.  

First, Duke Odilo gave eight inhabited mansi (1) (mansos vestitos) and Joseph himself acquired and provided six inhabited mansi.  Ramwolf gave seven mansi.  Alpolt gave five mansi.  Eccho gave five mansi.  Altumar the priest gave three mansi.  Sundarheri gave four mansi.  Pirhtilo gave two mansi.  Heimperht gave one mansus.  Warmunt gave one mansus.  Eiho gave one mansus.  Hittilo gave one mansus.  Hulzilo gave two mansi.  Reginheri gave three mansi.  Timo gave three mansi and whatever he had on that day.  Pernhart gave a colonia.  Wolfheri gave a colonia.  

  1. A mansus was a measure of farmland, theoretically enough to support one peasant family, in Frankish law.  A colonia was a farmstead in Roman law, also theoretically occupied by one tenant family; it is not clear why the document distinguishes between grants of coloniae and those of mansi; perhaps local custom used the terms for properties of different size.  

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TF5: Duke Tassilo grants property at Foehring: likewise Alfrid and his brothers grant property from the Fagana.  (Oberding, 7/3/750)

GRANT OF DUKE TASSILO AT FOEHRING AND OF OTHER FAITHFUL MEN WHOSE NAMES ARE REGINO, ALFRID, ANULO, WETTI, AND WURMHART

I, Joseph, in the name of God bishop, pastor and governor of the lord’s flock of the blessed Mother of God Mary and of the other saints in the citadel called Freising – being that the ducal pasture land associated with that same place was not sufficient, I sought a place to its own heirs which was called Erching and built houses at the same place for necessities, since for a long time before then it was deserted and uncultivated.  All the landowners of that place, when the men had been brought forth, made gifts and donations for the healing of their souls: in the first place Duke Tassilo of the Bavarians [gave] whatever belonged to the Feringa, with Alfrid and his brothers and their co-owners and kin consenting likewise, and they gave whatever remaining parts [that] belonged to the clan called the Fagana, that is Ragino, Anulo, Wetti, Wurmhart, and all their fellow-owners made gifts and donations and confirmed them according to the Law of the Bavarians, so that the place, that is the territory of both clans at Erching, should remain firmly under the dominion of the said Mother of God Mary in perpetuity without fraud, so that no claim by the heirs or their future descendants should come against the confirmation they devised, and that if anyone should attempt to oppose this letter of confirmation, let them take up their case with Mary the Mother of God. Therefore let this letter of confirmation, [made] in the presence of Duke Tassilo and his judges, be kept by those consenting with him whose names are written below here, who confirm [this] with the sign of their hands.  

+sign of the hand of Duke Tassilo +sign of the hand of Ragino, a witness who was mediator +sign of the hand of Oadalhart, a witness who was mediator +sign of the hand of Aliwic, witness +sign of the hand of Tato, witness +sign of the hand of Chuniperht +sign of the hand of Puno +sign of the hand of Hrodhard the judge  +sign of the hand of Petto +sign of the hand of Odalfret +sign of the hand of Reginpert +sign of the hand of Einhard.  

Done in the vill called Oberding (Deoinga) on the third day of the seventh month in the third year of the reign of our most illustrious lord, Duke Tassilo.  And I, Tassilo, Duke of the Bavarians, have confirmed this letter.  

I, the unworthy priest Atto, wrote [this] as ordered.  

*

TF 6: Chuniperht gives ten mansi with unfree persons at Pang to the church at Isen.  Isen, August 8, 752.

CHUNIPERHT’S GRANT AT PANG [PAINGA]

While meditating in the name of God and thinking about my soul and the future life, that I might deserve to receive indulgence with the good Lord in abundance, I, the sinner Chuniberht [sic] give and transfer my property, which my father Adalperht left me as an inheritance, to the church of St. Zeno which is located below the river called Isen; I give and transfer, to this place of the saints where I already mentioned, everything whatsoever we have in the place which is called Pang [Paingas] with all things acquired there, whatever belongs under our ownership [potestate], that is 10 mansi with [their] households: first Pollo and his wife Mahthilt with their household, Eparhelm and his wife, likewise Oadalheid, Frocnolf with  his wife Liupkis with his wife, Lantuni and his wife, Agilolf and his wife, Wacheri and his wife, Hartinc and his wife, Horsculf and his wife, Otheri and his wife, again Liuphaid with two children and all these [lands] with the tenants [coloni] and their wives and sons and households and with them all the tools and other things which we have been able to find: these things likewise we confirm as before in the presence of Bishop Joseph and the other priests and all the people who stand nearby.  And with his own hand he (Bishop Joseph) placed [this charter] on the altar of St. Zeno and gave all the aforesaid property by virtue of this firm charter of donation, and if I myself or any of my heirs or any opposing persons whatsoever should wish to come against this donation or break it, first let them incur the wrath of God and be excommunicated from all the places of the saints and be seen to be outside and furthermore let them compensate five pounds of gold and ten pounds of silver by distraint of the fisc and let them not be excused, but let the present charter remain firm and stable by the attached stipulation.  

Done in the church of St. Zeno in the fifth year of the reign of Duke Tassilo on the 6th of the ides of August.

And here are the witnesses: +sign of Chuniperht who had this charter made.  +sign of Victor the deacon.  Sign of Sigiperht.  +sign of Hulzilo +sign of Virecudi the cleric  +sign of Sladio the judge +sign of Erlohc  +sign of Irminhart +sign of Balduni the priest.  +sign of Deotric +sign of Timuni +sign of Haholt sign of Hailrat

I, the unworthy priest Alprih, wrote this charter with my own hand as asked and requested.  

*

TF7: Timo grants property for the support of his newly founded church at Thulbach as well as to the church of Freising.  (Thulbach, 6/24/754)

TIMO’S GRANT OF THULBACH (TOALPAH)

While meditating in the name of God and thinking about my soul and the future life, that I might deserve to receive indulgence with the good Lord in abundance, I, Timo, transgressor in the precepts of God in many ways up to the last age, convicted of this matter with me according to the judgment of the priests, have built a church in honor of St. John the Baptist and Peter, Prince of the Apostles, and the other saints, by consent of the venerable Duke Tassilo and all the people gathered to the city of Germany whom I summoned for this matter, I have given my own property which my father Suarzolh left me as an inheritance in the vill named Thulbach [Toolpach] and what I acquired justly in the same location after his death, I give and transfer for the dressing of the aforementioned church which I built for myself as I already said in honor of St. John the Baptist with his associates in his birth, with the most venerable Bishop Joseph dedicating [it].  For I myself, Timo, have given whatever belongs to the same place through the hand of Bishop Joseph in the present of all the people who were there at the house of St. Mary ever Virgin in Freising, I give and transfer houses, enclosures, unfree persons, serfs/slaves, free tributaries, every tilled and untilled field, woods, meadows, springs of running water, mules, vines, flocks, oxen, and whatever belongs to that property, so that this donation may remain firm and stable by the attached stipulation. 

For if I myself or anyone of my heirs or opposed persons whosoever should wish to come against this donation or infringe it, first let him incur the wrath of God and be anathematized from all of those who in the house of God are commissioned to reign and let him remain damned to unbreakable chains and in this time let him be judged to pay 12 pounds of gold and 12 pounds of silver likewise and let him not be able to excuse what he has attempted.  

Here are the names of the witnesses, pulled by the ear(2)  or who confirmed with their own hand:

Sign of the hand of Timo himself who transferred the aforementioned property.  Sign of the hand of Arbeo the archpriest, witness.  Wolfmar the priest.  Rihuni the priest.  Victor the archdeacon.  Hunnunc.  Madalhart.  Matto.  Milo.  Epo.  Mahhel.  Alpolt.  Liutperht.  Utto.  Perhtcoz.  Zeizilo.  Fater.  Immo.  Oadalfrid.  Ernust.  Reginhoh.  Polo.  Trogo.  Zello.  Adalfrao.  

Here are 24 who were tugged by the ears according to the rite of the Bavarian people by the hand of Bishop Joseph.  For let the highest and first and final witness be almighty God who provides all things; May this donation be committed to Him and all the host of angels and saints.  These are the names of the unfree servants and the tributary freemen:  Meginheri.  Hilpico.  Matto.  Adalfrid.  Deothelm.  Manno.  Wahhilo.  Cunzo.  Wolfolt.  Liuthad.  Mahtrih.  Lupo.  Hiltirat.  Adalman.  Nahthram.  Zeizo.  Ratkis.  Othelm.  Otcoh.  

When this letter was made, Timo received it with his own hand in the presence of the witness and others present and with their consent, having wrapped an altar-cloth around the letter and placed it in the hand of the aforementioned venerable Bishop Joseph over the altar to be ruled, governed and released by him.  

I, the unworthy and sinful Archpriest Arbeo, wrote, subscribed and confirmed this document as asked, requested and ordered, in the second year of the reign of the most excellent King Pippin, when the apostolic lord (3) came into the parts of Gall, the sixth year of the reign of most elect Duke Tassilo, on the 8th of the Kalends of July, the 28th day of the moon.  

Done in the vill which is called Thulbach.  

(2)  Bavarian law called for legal witnesses to be “pulled by the ears,” apparently a ritual gesture like swearing on a Bible.  The physicality of the act may also be intended to reinforce memory, like “beating the bounds.”  

(3) That is, the pope: Pope Stephen II had visited the Frankish kingdom in 754.  

*

TF8: Starcholf grants his paternal inheritance at Altfalterbach (Altfalterbach, 7/23/755)

STARCHOLF’S GRANT AT ALTFALTERBACH [Apholtrapah]

While meditating in the name of God and thinking about my soul and the future life, that I might deserve to receive indulgence with the good Lord in abundance, I confess myself a sojourner of the world, I consider my end to be received so that I [now] act according to the promise of God; that is, me spending out all my property in the vill called Altfalterbach which my father Timo left me as a patrimony, I, Starcholf, have given and transferred it all to the church of St. Mary ever Virgin constructed in the place Freising, so that after my death it may be a patrimony of the saints[.]  Its boundaries are designated on the east [to include the place] called Poasinpah, and above this the farmland which Waldcoz has and himself with all his tools, on the west the place Crintilipah and above these a brook toward the north following the line of a trench up to in the place called Rotinsuuipar, from the south is Phetarahha to the river.   Within these bounds I hand over and transfer to the aforesaid place unfree persons, slaves, tributaries, houses, courts, woods, meadows and also the other meadows above above the river Isar between the two ditches they call the meadows, pastures within the bounds, waters, mules, fisheries, all the land cultivated and uncultivated, according to what belongs to these bounds, four oxen, thirty sheep, twenty pigs in addition and feed, as an eternal possession, and may this donation remain firm and stable for me and my ancestors.  For if anyone should attempt to break or come against this donation, may he be brought before the judgment seat of God and distrained, and let him try his case with the host of angels and let him know himself to have invaded what is not his and let the earthly judge fine him his wergild as the custom is and let this letter remain no less firm.  

And these are the witnesses: Wolfmar, Marcellus, Rihhuni the priests.  Here are the seculars: Utto.  Alpolt.  Neuo.  Poso.  Raginhart.  Sigiheri.  Haduperht.  Alpriih.  Cauuipald.  Alpheri.  Ratolh for the confirmation and attestation of the grant.  

Done in the vill of Altfalterbach on the 10th of the Kalends of August in the 4th year of the reign of our most illustrious lord King Pippin and the 8th year of the reign of the venerable Duke Tassilo.  

I, the unworthy priest Arbeo, wrote and subscribed this letter of donation as asked and requested.  

*

TF9(a) The priest Eparheri gives his portion of his patrimony and confirms an earlier gift of his mother’s.  (Forach, 3/14/757)  (b) Adalfrid grants his property.  

GRANT OF THE PRIEST EPARHARI

(a) While meditating in the name of God and thinking about my soul and the future life, that I might deserve to receive indulgence with the good Lord in abundance, I, Eparhar the priest, give and transfer my own property which my father Chunihari left me as an inheritance, my portion which I received from my brothers, to the altar of the blessed Mary ever Virgin and of Peter, prince of the Apostles, with their associates, by the consent of my brothers: eight colonias.  With this same donation I confirm with this letter in the same way what my mother gave before by my hand and my brothers’, I give and transfer houses, enclosures, meadows, pastures, woods, springs of running waters, unfree persons, beasts of burden, and all the tools in the same way, just as they were used by my father and may this my patrimony be the patrimony of the saints in perpetuity for me and my people, so that if any of my heirs or any opposing person whosoever should try to come against this donation or break it, first let him incur the wrath of God and of all the saints and angels and let him remain outside the host and be condemned to unbreakable bonds and let him not be able to justify what he attempted and let him be liable to the earthly judge ten pounds of gold and ten pounds of silver and let him restore quadruple what he took.

(b) I Adalfrid, just as is said above likewise confirm all by patrimony to the same church of blessed Mary the mother of God in the place of Freising, on the same day I have given after my death, and established with the same confirmation, and the witnesses have confirmed, two colonias with all the remaining tools.  

This donation was made in the presence of the whole people and of the archpriest Arbeo (4).  These are the witnesses who know and observed and confirmed and these are their names: Arbeo.  Eparhari, Erchanperht, Albuni the priests.  Sigifrid the deacon.  Adalfrid the monk.  Fridhari.  Adalfrid.  Walheri.  Helmrih.  Carthari.  Helmker.  Fridurih.  Chunihari.  These are the witnesses who see, hear and confirm, that this grant may remain stable as performed.  

Done in the vill of Forach on the 2nd of the Ides of March in the 18th day of the moon in the 10th indiction in the 4th year of the reign of the most illustrious lord King Pippin and in the 8th year of the reign of the venerable Duke Tassilo.  

I Heres, that is Arbeo, wrote and subscribed this donation as asked and requested, and confirmed the witnesses and saw and heard these things as a witness myself.  

(4)  Both “Heres” (Latin) and “Arbeo” (Old High German – modern German “Erbe”) mean “the heir.”  Arbeo, who rose to become Bishop of Freising himself in 764, often used this play on his name between the two languages.  

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TF10: Theoderic renews a grant at Duernzhausen (Freising, 5/9/757)

THE GRANT OF DEOTRIH AT DUERNZHAUSEN [Teoruneshusun]

While meditating in the name of God and thinking about my soul and the future life, that I might deserve to receive indulgence with the good Lord in abundance, I Thederic, unworthy and a sinner, advanced in age, the land in the place called Teoruneshusir which I gave to Bishop Ermbert of blessed memory, I have now granted and confirmed immutably by the present letter to the church of the blessed mother of God Mary built below the walls in the city called Freising, with the venerable lord Bishop Joseph present and the rest of the flock of the clergy and people, the territory, meadows, pastures, running waters, woods, copses, and all the cultivated and uncultivated land as a perpetual possession except for the herbs of the houses and the tools for fires and pasturage of the pigs in the wilderness, if necessity should require it; moreover, let the land and the entire possession of this grant in the aforesaid place remain firm and stable by the attached stipulation, that no challenge by my heirs can be made unless with the aid of heavenly piety.  If anyone should try to challenge this letter by fraud, first let them deserve to suffer unbreakable chains which are prepared for the arrival of the judge of the district in examination, let him know beforehand to carry out a sentence by the earthly judge, by distraint let him pay 12 pounds of gold, but let this donation remain firm nonetheless.  

Done in the citadel of Freising in the 10th year of the reign of the lord Duke Tassilo on the 9th day of the month of May in the 12th indiction.  

These are the witnesses and their names: First Bishop Joseph and the sign of his hand.  Deotrich witness.  Arbeo, Albuni, Lucellus the priests.  Hununc, Waltrih, Aurillan the deacons.  Cundpald the judge.  Droant Purso the soldiers (milites) and these are the signs of their hands + + + + + + + +.  

I, Arbeo the priest, wrote this [charter of] donation and confirmed the witnesses as requested.

I, Duke Tassilo of the Bavarians, confirmed this letter.  

*

TF11: Haholt gives his property with a church at Ausser(inner)bittlbach and consecrates his son Arn to the Freising church (Isen, 5/25/758)

GRANT OF HAHOLT AND HIS SON ARN

In the name of Christ.  I, Haholt declare to everyone living in the province of Bavaria, how, for the sake of the sins I have committed it happened to me that, wounded by a certain man and despairing of my life, I agreed with the advice given by my relations, that I should call Bishop Joseph for the consolation of my soul (i.e. the last rites) and to receive my son named Arn to his counsel.  And this venerable bishop came to my sick bed as he was asked and took counsel with us, that I should build a church on my patrimony at Bittlbach.  And I Haholt, having heard this advice, rejoicing for his mercy did just as he said, and when the church was built I invited the same bishop Joseph to dedicate that church and he performed the dedication as I asked.  When it was dedicated, with the advocacy of my wife and my son Arn together with all my relations with their advice and consent and the imposition of their hands I gave whatever I have of my patrimony in the aforesaid place firmly into the hands of bishop Joseph, that by this grant bring made it may belong firmly to the house of St. Mary at Freising from the present day, except that my son Arn may hold it until the end of his life in benefice from the house of St. Mary for the aid of my cause and that I may not leave nothing for his betterment..  I have agreed to this and confirmed it with witnesses.  Afterwards divine benevolence gave [me] a space of life and strength of body and soul, I wanted to come to Freising and to confirm this grant, but by the grace of divine favor Bishop Joseph agreed to come to the river Isen, to the cell and oratory of St. Zeno.  And I, Haholt, returning with my wife and our son Arn, coming to the bishop in the presence of many gathered people I and my wife offered our dear son Arn together with outstretched, uplifted hands together, to the altar of St. Mary in the house built to St. Zeno, that he might remain with all our patrimony in this offering to the house of St. Mary at Freising, whatever we have at this present time with whatever we may gather or be able to acquire to belong to us, unfree persons, enclosures, buildings, beasts of burden, fields, meadows, cultivated and uncultivated, pastures, woods, fruit trees, mills, wells and running waters, we give all in all perpetually to Freising to the house of St. Mary the virgin for the redemption of our souls.  

This was done at Isen in the house of St. Zeno in the year of the Lord’s incarnation 758 in the 11th indiction in the 11th year of the reign of Duke Tassilo in the month of May on the 8th of the Kalends of June.  

These are the witnesses pulled by the ears: Heilrat.  Eio.  Ratolt.  Oato.  Podalunc.  Eodunc.  Vurmheri.  Helmperht.  Cawo.  Eonolt.  Wolfheri.  Willahelm.  Cotehelm.  Timo.  

The priest Heres wrote up this charter of donation by the order of Bishop Joseph and the request of Haholt and his son Arn, the donors.  

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TF 12: David gives two-thirds of his property at Mamendorf to the church at Puch.  Bavaria, March 15, 758-763

GRANT OF DAVID’S AT MAMMINDORF

Let that man do good deeds who makes another treasure for himself from earthly things in this mortal life for the celestial kingdom and for eternal joys; he is invited to the heavenly feast and merits to be able to enter the celestial, eternal meals with joy.

On account of this hope, I David, in the name of God, thinking on how much I might be able to do for the health of my soul and of the future life, following this example have given to the house of St. Michael and St. Andrew the Apostle, St. John the Baptist and of all the saints whose relics rest there in honor in the place called Puch two parts of my inheritance in the place called Mammindorf both unfree persons as well as fields, meadows, woods and whatever appears to belong to be by law, two parts as aforesaid of the whole I grant and transfer to the said house in the hand of Bishop Joseph by his promise/surety and I commend myself to his most holy prayers  and he receives me in his holy and most venerable hands and permits it to be done in all things as I asked.  And from this day I gave authority for him to have to govern, sell, commute, exchange, or to do whatever he wishes, to have authority to have in all things.  

And if any of my heirs or brothers, which I do not believe could be, or any opposed person whosoever should wish to come or to break this donation, first of all let him incur the wrath of God almighty and let him stand excommunicated by those saints and may this donation remain firm nonetheless and may he be anathema from all communion of Christians and may he not be able to defend this [i.e. what he has done] and let him be compelled to pay the fisc a pound of gold and five pounds of silver for it to compensate.  

This was done in the province of Bavaria in the presence of Duke Tassilo by his own confirmation on the ides of March (3/15).  

First + the sign of David who requested that this donation be made.  + the sign of Irminfrid his brother.  + the sign of Keparoh.  + the sign of Chuanrat.  + the sign of Hailrih.  + the sign of Hiltimunt.  + the sign of Liutolf.  +the sign of Eparachar.  +the sign of Hroadachar.  +the sign of Oatoni.  +the sign of Isanhart.  +the sign of Madalger.  + the sign of Tutilo.  +the sign of Alto the hermit.  + the sign of Tuto the priest.  +the sign of Haito the priest.  +the sign of Haliho the priest.  +the sign of Reginperht the priest. 

I, Reginperht, was asked to write this.  I have not written as I wished to, but as I was able in the reign of King Pippin and Duke Tassilo. 

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TF 13. a) Adalunc donates his and his son Hununc’s property with an oratory at Abens. (May 31, 759, Abens) b) The priest Hununc renews this gift.  (before 767).  

GRANT OF ADALUNC AND HUNUNC AT ABUSNA (ABENS)

a) In the name of our Lord Jesus Christ.  I, Adalunc, in the name of God meditating and thinking of eternal beatitude and of the future life for the healing of my soul and those of my ancestors have constructed an oratory in a place which is called Abens and I have summed the Lord Bishop Joseph to consecrate that oratory and I have granted the whole portion of my substance and also the portions of my son, named Hununc; we have granted to that altar whole and complete the fields, meadows, woods, and running waters, paths, and whatever pertained to that place of our allod or pertained to our rights.  And thus performed by my and my son’s hands together we have granted to the aforesaid altar of the episcopal house of St. Mary in the place called Freising, in the hands of Bishop Joseph, by the attached stipulation and we have confirmed it with witnesses.  

Done in the said place on the consular day which was made before the Kalends of June (May 31), in the twelfth year of the reign of the lord and most illustrious Duke Tassilo.  

These are the names of the witnesses: Arbeo the archpriest.  Victor the Deacon.  Liutprant the deacon.  Waltrih the deacon.  Orilan the deacon.  

b) Therefore I Hununc, called priest in the name of God, in a severe sickness have given the grant of the same church anew, with all the pertinences at this place of our allod and any acquisition gained by us whole and entire with the consent of the most high duke Tassilo to the said house of St. Mary of Freising; I have set that charter with my own hand upon the said altar and confirmed the grant of my father and I have asked it to be recorded by my own hand together with witnesses.  

And these are the names of the witnesses: Popo, witness.  Reginolf, Adalker witnesses.  Liutprant the priest.  Pern the priest.  Reginpald. Angilperht.  Adalperht.  Helmperht.  

I, the unworthy Horskeo, called a deacon, wrote this.  

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TF 14. a) Hamminc gives his patrimony on the Isar.  b) Cawo (Hamminc’s brother) compromises with Bishop Joseph concerning the service of the smith, Aletus.  Mattenkofen, 11/29/759.

GRANT OF CAWO

While, in the name of God, meditating and considering my soul and the future life, that I might merit to receive reward in quantity with the good Lord, I, Hamminc, having come to my end, give and transfer my own patrimony which my father Hatto left to me as a patrimony, by the hand of the priest Claudius and also of my brother Cawo to the church of the pure Virgin Mary built within the walls of the citadel of Freising where Bishop Joseph serves giving aid, that he himself might support me as an intercessor.  The property [I give and transfer] was examined, in the attached stipulation: colonias, six in number: houses, enclosures, pastures, meadows, and running waters, with all their tools, cultivated and uncultivated or whatever I know to be in my power by law in those places, that the patrimony of the said light may remain inviolate on both sides of the river called Isar, that no opposed person nor any of my relatives nor anyone whosoever may try to break it.  

Moreover, if anyone, which I do not think will happen, should attempt to come into this property in their temerity, let him be judged condemned because he invaded an indissoluble alien property, and the present letter remain firm nonetheless which I have made by my own free will.  

But after his death it was done by the hand of Cawo according to what the secular custom requires.  

Witnesses were pulled by the ear and these are their names: Arbeo the priest.  Waltrih and Aurilian the deacons.  Perhtolt.  Cawo.  Deotker.  Irminhart.  Reginolf.  Heriperht.  Folrih.  Fater.  Wichart.  Kysalhart.  Ambricho.  Wichram.  Hazzo.  Haero and his son.  After this + sign of the hand of Duke Tassilo consenting.  +sign of the hand of Reginperht.  + sign of the hand of Claudius.  +sign of the hand of Nordperht.  + sign of the hand of Alawich.  +sign of the hand of Kerolt.  

Done in the villa called Mattenkofen (Matahcaui) in the reign of the Lord Tassilo, the tenth year of his reign, on the third of the Kalends of December (November 29) in the eleventh indiction, the fifth of the moon.  

I, Arbeo, commanded by the eminent duke, wrote and subscribed [this] and confirmed the witnesses.  

b) A settlement of Cawo with a gift to Bishop Joseph regarding our hammer-craftsman Aleto, that he would set him free for his time to service from the bishop for all days, and after he should return from his service, both the said smith and in the place where he is placed, they obtained a confirmation in the above letter to the said church.(5)

(5) This is rather convoluted to follow, especially since asserat can mean to release, to set free, or to claim.  Either way, the gist seems to be that Cawo wants to reserve Aleto’s service during his – Cawo’s – lifetime, after which Aleto’s services will be attached to the gift to Freising].  

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TF 15. Chunperht grants his property with a church at Buch.  Freising, 1/23/760.

GRANT OF CHUNIPERHT AT BUCH

While meditating in the name of God and considering my soul and the future life, that I might deserve to receive reward in quantity with the good Lord, I Chuniperht [have given] my patrimony which my father Carthari left me as an inheritance in the villa which is called Buch, where I built a church in honor of the blessed Peter, Prince of the Apostles, with his associates, which the venerable pontiff Joseph dedicated, in whose lordship I have confirmed it to be rendered to the public house of the blessed mother of God constructed within the walls of the town of Freising, that after my death he may have authority to become its defender and possessor of all the appurtenances of the said church, as well as whatever pontiffs of that place may be established [in the future].(6)  And so I have given and transferred my own patrimony and purchased property in the said place: eight tenants with all their appurtenances, whose names are inserted at the end: the rest of the goods, that is in the villa of Tactara, fields, pastures, meadows, woods, and running waters, and whatever appears to be in our lordship, except for the tenant named Liupo whom I have given to the son of my son, however all the rest of the appurtenances of this place I have confirmed with the fullest devotion to be given to the said place in perpetuity with no one objecting.  

But if anyone, which I do not believe, should try to come against this donation, let the case be tried by God the Judge of all and the host of saints and let him not be able to defend what he has done and furthermore let him be culpable to pay 400 shillings to the fisc and let this letter remain firm nonetheless.  

These are the witnesses pulled by the ears  and these are their names. These are those who pressed down the sign of (their) hands in the present:  Sign + of Chuniperht who asked this donation to be made and confirmed.  Sign + of Bishop Joseph.  Sign + of Bishop Manno.  Sign + of Zotto the priest.  Sign + of Arbeo the archpriest.  Sign + of Waltrih and Haimilo and Oto, priests.  Sign + of Ragino the governor.(6)  Sign + of Cundpald the judge.  Sign + of Adalperht.  Sign + of Isini.  Sign + of Victor.  Sign + Raginhari.  Sign + of Anagrim.  Sign + of Lantfrid.  

Done in the public citadel named Freising on the tenth of the Kalends of February (January 23) in the eighth year of the reign of the most illustrious king, Lord Pippin, and in the twelfth year of the reign of the venerable Duke Tassilo in the twelfth indiction.  

I, Arbeo the priest, wrote and subscribed [this].  

I, Duke Tassilo of the Bavarians, confirmed this letter.  

(6) The dispositive sentence of this charter seems very garbled; there is no main verb given, “ecclesiam” is given twice unnecessarily for the church of St. Peter, etc.  

(7) Ragino’s title is given as “praeses,” a term which often means a bishop.  Since his name appears after the lower clergy, it probably does not carry that meaning here; likely it refers to some high secular position, not otherwise attested in Bavaria, and Ragino is the head of the secular witnesses.  

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TF 16.  The cleric Friduperht makes a donation at Ebrach.  11/17/760.

GRANT OF FRIDAPERHT THE CLERIC AT EBRACH

In brief commemoration of the grant that Friduperht the cleric made into the hand of Bishop Joseph in the place called Ebrach (Eparaha), that it might be stable in perpetuity to the episcopate of St. Mary in the citadel located at Freising.  And these witnesses were pulled by the ears: Chunihoh the cleric, witness.  Oadalhart the cleric, witness.  Cundhart, cleric, witness.  Altumar the priest.  Wolvolt the layman, witness.  Urso the layman, witness.  Alprih the layman, witness.  Deotperht the layman, witness.  Purcman the layman, witness.  Sigur the layman, witness.  Puapo the layman, witness.  Ellant the layman, witness.  Frecholf the layman, witness.  Helmperht the layman, witness.  Cawo the layman, witness.  

Done in the thirteenth year under Duke Tassilo of the Bavarians in the month of November, which is the fifteenth of the Kalends of December (11/17).  

I, Heres, wrote this donation by the order of the lord Bishop Joseph in the twelfth indiction.  

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TF 17: Wetti grants his patrimony at Rudlfing.  Freising, 12/13/762.

THE GRANT OF WETTI AT RUDLFING [Hroadluinga]

While, in the name of God, meditating and considering my soul and the future life, that I might merit to receive reward in abundance with the good Lord, therefore I Wetti give and transfer my hereditary property which my father Anulo left me as a patrimony in the villa which is called Rudlfing and whatever pertains to it and whatever else I am able to acquire (there), to the church of the blessed Mother of God Mary within the public place in the town of Freising, that while I am living or after my death the defender and possessor of the said church may have authority in all things whatsoever that my father left me, and thus I grant and transfer my hereditary and purchased property in the already mentioned place; moreover the rest of the appurtenances, that is fields, pastures, meadows, woods, and running waters and whatever is seen to be in our lordship, all these appurtenances of this place I have confirmed to belong to the aforesaid place with fullest devotion, with no one objecting.  

But if anyone, which I do not believe would happen, I myself or any of my heirs or any opposed persons should attempt to come against this donation, let them appear excommunicated to God the judge of all and the host of the saints, and let them not be able to justify the cause they have brought and furthermore let them be culpable to make compensation to the fisc of 400 shillings and let this letter remain firm nevertheless.  

These are the witness pulled by the ears and these are their names who were present: + sign of Wetti who asked that this donation be made and confirmed.  + sign of Chuniperht.  + sign of Isi.  +sign of Haimperht.  + sign of Hato.  +sign of Agilperht.  + sign of Victor, deacon.  + sign of Waltilo, cleric.  + sign of David, cleric.  + sign of Cundhar, subdeacon.  + sign of Hahicho, cleric.  + sign of Irminfrid, cleric.  + sign of Arbeo.  

Done in the public citadel named Freising on the day of the ides of December, the 22nd of the moon, in the twelfth indiction, in the eighth year of the reign of the most illustrious king Pippin and the thirteenth year of the reign of the venerable Duke Tassilo.  

These things were done in the presence of the venerable pontiff Joseph.  

I, Oadalger, wrote and subscribed this donation.  

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TF 18: Erchanpald gives property at Hohen(Ach)percha and Mintraching.  762-764

THE DONATION OF ERCHANPALD AT PERAHA

In the name of our Lord God [and] Savior Jesus Christ.  I Erchanpald, thinking how to possess eternal beatitude and considering how to escape the penal judgment, how those who hold God in contempt incur eternal punishment and those adhering to Christ attain eternal life, therefore on account of this I have established, that of my rightful property which my father left me as an inheritance I grant at the town of Freising, to the church of the blessed mother of God Mary ever Virgin, in the places named Percha (Peraha) and Mintraching (Munirihhinga).  Indeed I grant at Percha the house with all the buildings and enclosures and surroundings and three households with their tenants and with everything whatsoever they have, whose names are Nordperht and five others, [one] named Lantfrid and his wife, Otrih and his mother and Alarih his brother, and in the village (vicus) of Mintraching two households with all their appurtenances whose names are Pirhtilo and his wife, Hroadheri with his wife and all the territory under our right and the alod, meadows, pastures, woods which appear to pertain to me by law, given after my death to the episcopal house of the church of St. Mary just as said above, I wish it to be given in perpetuity for me as well as for my father Reginpald and my mother Cotafrit and Oadalker, that my patrimony may be a patrimony of the saints.  

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TF 19.  Reginperht endows the church he has founded at Scharnitz with property at Polling, Flauerling, Imst and elsewhere.  Scharnitz, 6/29/763.

HOW REGINPERHT BUILT A CHURCH AT SCHARNITZ (SCARANZIAE)

In the name of God.  As I, Reginperht, was thinking and meditating on my soul and the future life, that I might deserve to receive reward in quantity with the good Lord, I prepared with the approval of my brother Irminfrid and our mother Ackilinda and our relatives Otilo and Croso in the wilderness (solitudine) of Scharnitz where I constructed a church in honor of the blessed Peter, prince of the Apostles, and I have transferred in hope of a monastery there my own patrimony and substance by my own hand and the hand of the venerable Bishop Joseph with the consent of the most illustrious Duke Tassilo and his satraps and the undefined property of those neighbors who consent, first of all my share of the district of Vallenensis in the villages named Polling and Flauerling and my share in the town of Imst, likewise besides these the hills in the village of Schlehdorf by name, and in Hofheim and in the villages which is called Sindelsdorf, likewise also in Schoengeising (Kisingas) all our land as I have added for the increase of its just fruits in the village of Pasing and by saying in Graefelfing (Grefoluinga) and our share in the district of Rottachgau (Rotahgauue) in the village which is called Kurttambach (Curtana) next to the river Pfriem (Fruen), so called  by the custom of the village, for I have not now prepared the wilderness district which we called the Wallgau (Wallhogoi) with the adjacent lake and fishery and between the course of the Isar at the same place which appears to attach to it, all the aforesaid villages and the land in them whatever may happen to be in our share in their land both free persons and tenants and unfree persons, cottages, enclosures, beasts of burden , flocks, Alpine pastures, springs and their courses, mills, meadows, pastures, all plowlands with their appurtenances of copper and steel and ceramic and wood or whatever we have seen to be ours by right, I have granted and transferred to be under the lordship or the blessed Peter prince of the Apostles, left in the said place for the common possession of the brothers who are seen to commemorate (the mass) there, and that from the same place in the adjoining diocese, that is Freising at St. Mary to the bishop who is seen to be there, it is seen that a census goes out, that is two putties for the sake of stability in the established rule of the fathers, that the lordship of the bishop should not lack for the ordination of an abbot with the consent of the brothers dwelling there.  

Likewise also Akilind our mother in the said villages, granted her share of the land at the same place.  In the same way Irminfrid has granted his own share and if his sons are born to him, let them receive his share as much as belongs to them.  Moreover let my share remain firm and stable, and if there are no sons, may all my patrimony be confirmed to the said place after my death and this is by the consent of the most illustrious Duke Tassilo.  In addition Otilo with similar intent with the consent of the aforesaid duke if he should beget no sons or daughters, grants his patrimony in its entirety, but if sons should be born, let them receive their share and that share which should come to me, the said Otilo, remain a firm and stable grant to the said place of Scharnitz.  But Cros, pierced by the admonition of God and incurably wounded by Count Keparoh, stricken in the place called Ober/unterbachern (Pahhara), himself with all his substance, with the consent of the our highest prince Tassilo, he grants to the same said place and receives the sign of the crown (i.e. the tonsure) from Archpriest Arbeo.  

If anyone should attempt to come against this (charter), whether our relatives or strangers, let him be judged before God and the Apostle Peter by this statement.  

Done in the wilderness of Scharnitz under the consular day (8) which is the third of the Kalends of July in the sixteenth year of the reign of the most illustrious Duke Tassilo in the presence of Bishop Joseph, who encouraged the matter and Archpriest Arbeo, whom we have zealously commended to be given the church with the donation to govern it.  

These are the witnesses:  First, Bishop Joseph and Archpriest Arbeo.  Riholf, priest.  Albinus, priest.  Hato, priest.  Erchanfrid.  Irminfrid the donor.  Otilo the donor.  Kermunt.  Landpald.  David.  Adalperht.  Situli.  Liutolt.  Leidrat.  Chuniperht.  Reginpald.  Cuntpald and others without number.  

I, Arbeo, confirmed this donation as asked and commanded by Bishop Joseph and subscribed the witnesses.  

(8)  “Sub die consule” appears in many Freising charters.  It is actually meaningless, apparently borrowed from a formulary which intended “die” as the spot to write in the day and “consule” to give the current Roman consuls (and thus identify the year of writing), a formula which was obsolete and thus no longer understood after the mid-sixth century.  

(9)  Arbeo was apparently put in charge of the new monastery, but oddly the document does not refer to him as its abbot.  It is possible that Bishop Joseph was considered the real abbot and Arbeo was more like a prior, representing Joseph’s authority.  Joseph died the following year and Arbeo became the new Bishop of Freising, so the arrangement rapidly became irrelevant.  We later find a Hatto as Abbot of Scharnitz, who in turn succeeded Arbeo as bishop; possibly the monastery was seen as a place to “groom” likely episcopal successors, training them in administrative and pastoral responsibilities.  

(10) This comment is probably not part of the original document, but by the ninth-century copyist, who tired of copying out an extensive but long-irrelevant witness list.  It probably indicates that the foundation of Scharnitz was a very important affair that attracted the participation of a large assembly of local notables.  

Bishop Arbeo (Heres) (764-783)

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TF 20: Etta gives her property at Pfettrach.  Freising, 764.

DONATION AT PFETTRACH

In the name of God.  I Etta pierced by divine mercy have granted my property to St. Mary for the health of my soul in the place which is called Pfettrach (Pheterach) with the consent of my husband named Alpheri and what wealth I have acquired or obtained for my own, that is among woods and fields 24 acres.  

This was done in the placed called Freising in the seventeenth year of the reign of the most illustrious Duke Tassilo.  And this charter was made in the presence of the altar of St. Mary at Freising and after my death I granted thus my territory and four unfree persons(11) named Tunna and three others.  

The names of the witnesses to this grant are held in the book of donations

And we have established, if anyone of my heirs (may it never be) or other persons should attempt to come against this charter of donation, first of all let him incur the wrath of God and let him be placed outside of the gateway of the blessed Peter, Prince of the Apostles, and let this charter nonetheless remain firm.  

(11) Mancipia.  The early Middle Ages were a period where old Roman slavery was evolving into medieval serfdom.  Scholars debate whether terms like “mancipia” and “servus” should be understood as referring to fully enslaved persons at this point.  I have used the more neutral “unfree” here to avoid coming down on one side or another of this debate.  

TF 21. Waldker grants his property at “Linta”(12) (764-767)

THE GRANT OF WALDKER, WOLFHER AND LANOLT

In the name of God our Savior.  I, Waldker, have granted my patrimony with the permission of Duke Tassilo in the presence of Bishop Arbeo and it was transferred into his hand for the health of my soul, that is the land, meadows, pastures, woods and unfree persons  and everything which pertains to that place I have firmly granted to the bishopric of St. Mary ever Virgin in the place Freising at the altar of the immaculate Virgin Mary.  

And Bishop Heres himself firmly confirmed this grant on the said altar of St. Mary, he granted and confirmed whatever appeared to pertain to this place, which is called ‘Linta.’   

And these are the names of his relatives who made this agreement with Waldker himself: Wolfher, Lantolt and many others who are not written here granted [this] into the hand of Bishop Arbeo with their hands together on the altar of St. Mary of the episcopal house in the place called Freising. (13)  And these are the witnesses and these are their names: Saluhho.  Otrih.  Priso.  Riholt.  Walunc.  Atulo.  Tarchanat the deacon.(14)  Ekkirih the priest. 

And if anyone should wish to break this donation, let him incur the wrath of God and pay composition as is the law and let this grant remain firm nonetheless.  

I Berno, an unworthy cleric, wrote this as ordered by the mouth of Bishop Heres.  

(12) Presumably a place-name based on the German “Linden,” of which there are several in Bavaria.  

(13)  This sentence reveals that there is probably more going on here than the simple religious donation that the charter appears to be so far.  It suggests that the rightful inheritance of the property at “Linta” was disputed between different branches of the family, represented by Waldker, Wolfher and Lanolt.  Rather than let the dispute grow into a feud – or perhaps even to end a feud in progress – the three have agreed to donate it to a third party, the church of Freising, instead.  

(14)  A good example of how scholars date documents.  Since the text includes no dating clause, we must infer a date on the basis of other contents.  That Arbeo appears as bishop means the text dates no earlier than 764.  Tarchanat, named as a deacon here, was a priest by 767.  Thus, we can be assured that this charter was written between 764 and 767.  

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TF22.  Reginolt and Egeno give their property to the church at Hohenbercha.  (July 10, before 765-767).

THE GRANT AT BERCHA (Perchak)

In the name of our Lord Jesus Christ.  I, Reginolt, and my brother, Egeno, for the health of our souls and our families, that is for father and mother and grandparents and for all who are our relations who have believed in Christ, we grant and transfer from our patrimony and whatsoever inheritance, whole and entire, to the church of St. Michael in the place which is called Bercha, he have given and transferred everything in full to this place with the permission and encouragement of our family and those present and those bearing witness who were present as we ordered the churchmen, so that this donation should remain firm and stable. 

And if anyone of my heirs or relations or any opposed person who might wish to come against this donation or break it, first of all let him incur the wrath of God and let him be judged to compensate at the same time with twelve ounces of gold and let him know that he must also give an accounting in the presence of God with all the saints and the 318 fathers; He who wishes to break this donation in any way, if he will not make amends, let him be condemned and anathematized from the entire holy church of God.  

The name of the witness are kept in the book of donations.  His letter was made in the time of the most excellent man King Pippin and of Duke Tassilo in the seventh month, on the tenth day of the seventh month.  

And I Reginolt and my brother Egino by permission of all the servants of God that while we are both alive, if we should return, we ask that we should give service at this property which we have given for ourselves and that we might give service at the place where we might also have consolation, and our mother in the same way with her property, while she lives, might live in it and give service to the same saints as written above.(15)

(15)  The intention is that Reginolt, Egeno and their mother should continue to live off the property they are donating to the church until their deaths; the choice of wording (“deserviat”) might mean that they intend to live as monks there.  

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TF23:  The nobleman Poapo gives his property at Sonnenwiechs and at Holzen on the Attel.  Freising, 5/17/765.

THE GRANT OF POAPO AT WIHSE AND AT HOLZE

Since it is fitting for each person who is seen to spend time in this world to reflect on the sacraments and to fear the last day, lest death should suddenly take us unprepared, lest the fall of human fragility should discover us unready and the thief thus take us or hand us over to the tears of eternal death, one ought to acquire a patron, whom the humane and pious resources of transitory things might gain from the Lord, who might intercede with the Lord for his vicissitudes and on the day of the great judgment, so that he might gain the fullest mercy from his retribution.  

On account of which I, Poapo, in the name of God, a nobleman,(16) have gathered a multitude of my family, noble men, I have taken council through a certain hesitation of my sons with them just as they have given their counsel to me in good faith, that I might grant my patrimony to the house of St. Mary.  It happened meanwhile, that a public synod was held and another hearing (placitum) to be made at Freising.  And as I, Poapo, was coming, I arrived with my family and followers (fideles) to the said house of St. Mary and I announced our decision to Bishop Heres.  And this pastor and physician of souls, encouraging us, received this decision thankfully promised to maintain our memory in this house of God forever.  

Because of this I now repeat, that for the health of my soul and for the cleansing of my sins, that the good Lord might deign to bestow on me eternal blessing in full, I have given and made over all my patrimony in the places named Sonnenwiechs (ad wihse) and at Holze to the house of St. Mary and to the relics of all the saints that are seen to be venerated there, in the presence of all the clergy and my relatives confirming it securely and without hesitation, that it should remain for the same holy place firmly and in perpetuity, that is in the said places whatever appears to belong to my hereditary property, I give it whole and entire and I have confirmed with witnesses to the said house, that it should remain perpetually for this purpose, that as long as we live, I myself and my sons ought to have the cause with integrity, that no one on account of any disputation of my sons, if he should happen to remove this my patrimony from the house of St. Mary, could not do so, but let my donation remain firm and stable in perpetuity.  

But after our deaths with all the property added or improved without any argument or contradiction let that governor who then appears to preside in the governance of this monastery of St. Mary act to recall it for his own.  

And if anyone – which I hardly believe will happen – if I myself or another of my heirs or someone sent forth who acts against this letter of donation which I have asked to be made and confirmed of my own free will or should try to withdraw it, first of all let him incur the wrath of almighty God henceforward, and let a sentence against him be carried out to pay 40 solidi, and let his request remain null and void, but let the letter remain intact all the firmer, for all time.

I have subscribed with my own hand and have ordered it to be confirmed by good men whose names are these:  First, Bishop Heres with all the household of St. Mary in the public synod, that is Arn the deacon, Orilan the deacon, Ratolt the deacon, Liutfrid the cleric, Heimilo the cleric, Hununc the cleric, Count Selprat, Count Alprat, Count Mezzi, Waldker, Hringrim, Alphart, Egilolf, Perhtolf, Chuno, Angilperht, Pern, Arbeo, Hartrih.  

This was done at Freising in the 16th year of King Pippin, year 765 from the incarnation of the Lord, in the fourth indiction die consule which makes the nones of May.

And I, Pern the cleric, wrote this up at the dictation of Heres.  

(16)  This is the first designation of anyone in Bavaria as “nobilis,” implying that the duchy has begun to have more formalized stratification than was previously the case.  The Bavarian Law of 736-738 did not acknowledge a noble class legally, though a handful of kin-groups (genealogiae) were given privileges.  The synods of Dingolfing and Neuching in the early 770s, however, would recognize the nobility as a legal class.  

*

TF24: A) Hroadheri transfers his property at Schwindau (?) and Pullach.  (Pullach, 11/5/765).  B) Bishop Arbeo buys the property of the monks Egino and his brother Reginolt at Ilmmuenster and Hohenpercha (765-767). C) Ano gives his patrimony at Langenpreising (Freising, 10/1/767).

THE GRANT OF HROADHERI AT SCHWINDU AND PULLACH AND OF ANO AT PREISING.  

A)  In the name of the highest and unbegotten son of God.  I Hrodheri have given and transferred the property which my father Sicco left me as an inheritance in the place called Schwindau (Suuindaha) and another which is called Pullach (Pohloh), for the health of my soul and that of my aforementioned father as well as my wife Waltnia with our only son named Heripald, to the blessed and immaculate Virgin Mary’s church at Freising situated within the walls of the citadel: cottages, enclosures, unfree persons, farms, woodland pastures,(17)  forests, and running waters, mills, meadows, pastures, gleanings and whatever appurtenances I may be seen to possess and that I am seen to have obtained by inheritance or with money, so that after my death and that of my said spouse and the listed son it ought to be under the lordship of the mother of God, together with the oratories which I have constructed and with the tenants (colonibus) after my death, I confirm for the patrimony of St. Mary and the confessor of Christ Corbinian.(18)   

For if my son by the reward of divine benevolence should rise to a higher rank and he (God) should preserve him as suits a pastor in ecclesiastical way of life let him possess it all for his days, such that they will be under the hand of the bishop to whom these things are entrusted: but if he does not serve in the normal order, let him possess his portion, and the rest remain under the lordship of the bishop after death, we confirm this grant to remain in perpetuity.(19)   

For if I myself or anyone of my heirs or any opposed person whosoever should attempt to come against this donation, let him be judged with the same sentence by the mother of God and that of that host of saintly patrons who are seen to be venerated, named and adored there, and let this letter of donation be kept firm nonetheless.  

Done in the village which is called Pullach (Pohloh) in the 18th year of the reign of the most illustrious lord Tassilo sub die consule which is the nones of November.  

And these were witnesses who were pulled by the ears, and their names are: Alpolt, Ratolt, Heimilo, priests.  Arn,  Rihpald, deacons, and Hulzilo the monk.  Heimperht, Wurmheri, Aeio, Heilrat, Hramperht, laymen witnesses.  And Bishop Arbeo himself is a witness.  

From his mouth I Sundarheri wrote down this charter of confirmation.  

B) We have taken notice, that I, Bishop Arbeo by the reward of the divine giver with the divine grace of the house of St. Mary that established me to preside there, have purchased from a certain monk named Egino his hereditary property and his brother Reginolt’s, which their father Reingolf left them as a patrimony, with the consent of the Lord and most illustrious Duke Tassilo, in the place which is called Ilmmuenster (Ilmina) and also Hohenpercha (Perahhah) with the same basilica which is seen to be founded there with the altar itself to which they had formerly made a grant.  And I have given him 200 solidi more or less as he requested from the property of St. Mary.   

And these are the witnesses:  Selprat.  Hato.  Chuno.  Sullo.  Popo.  All of these were pulled by the ears, but there were others of our people (20)  without number.  

C) I Ano have given my own property and patrimony which my father left me as an inheritance in the district which is called Preising (Prisingas) to the church of the blessed and immaculate Virgin Mary, with the houses and buildings, with the lands and appurtenances, with the servants and subjects, with the meadows and pastures, and the entirety of the appurtenances or whatever I have appeared to possess, that after my death it may be subject to the jurisdiction of the Episcopal house and I have transferred it to be under the domination of the ever virgin Mary, that if anyone should attempt to come against this donation. Let him fall prostrate under the unbreakable chains of anathema and let him be judged with the sentence of the same Mary and the blessed confessor of Christ Corbinian, [and] let this letter remain firm nevertheless.  

Done in the citadel of Freising in the twentieth year of the reign of lord Tassilo sub die consule which is the kalends of October (October 1).  

And these are the witnesses:  Ratolt, Tarchnat, Pern, Pald, Horskeo, priests.  Arn, Reginolt, Liutfrid, Rihpald, deacons.  Chuno.  Mezzi.  Reginpald.  Sullo.  Popo.  Situli.  Hramperht, of the people.  

I Sundarheri wrote this down as ordered by the mouth of Bishop Heres.  

(17)  Comparing this list to most of the prior ones shows a differing Latin vocabulary for describing the assets of the property.  This could mean either that this charter is more accurate in describing the land in question, or that a different documentary template is being used.  

(18)  This is the first mention of a saint other than Mary being venerated at Freising, and may indicate that the translation of Corbinian’s relics to Freising had taken place by this time.  However, the reference to Corbinian has been inserted over an erasure and may be a later addition to the text of the charter.  References to Corbinian at Freising only become consistent from February of 769.  

(19)  In other words, if Heripald enters the clergy and rises through its ranks, he can hold the entire property as a churchman, but if he pursues secular life, he will have to split the property with the church.  

(20)  That is, of the clergy of St. Mary’s.  

*

TF25: Hitto gives a third of his property at Pettenbrunn (765-770)

THE GRANT OF HITTO AT PETTENBRUNN (Patinprunnin)

In the name of the Lord.  I Hitto, for the health of my soul, grant the third part of all that I possess in the settlement of Pettenbrunn, of the land or woodland meadows and all that appears to pertain to my allod by law in this place, I grant and transfer a third part as we have already said to the house of St. Mary in the place Freising, of the unfree inhabitants the man named Ratan, with his wife named Deotlind, with two sons and with all that they posses in the same place.  

+Sign of the hand of Hitto who asked this document to be made.  +Sign of the hand of Bishop Arbeo who attended.  + Sign of the hand of Chuno who attended as a witness.  +Sign of the hand of Oadalker the deacon who attended.  Sign of the hand of Maginhart who attended and many others whom I cannot enumerate.  

*

TF26:  Waltheri and his wife Hiltini give their property at Ambach to the church of St. Andrew in Freising (765-776)

GRANT OF WALTHERI AND HIS WIFE AT AMBACH (Auinpah)

In the name of Christ.  I Waltheri and my spouse Hiltini have granted our patrimony which belongs to us for the love of God and for the redemption of our souls to the church of St. Andrew at the monastery of Hukiperht (21) with the permission of Tassilo, that our grant may be firm and stable there; there are three unfree persons Ratmunt, Wizmunt, [and] Muno with their wives and sons and with the livestock and land around Ambach on both sides.(22)  

And we have confirmed it with witnesses: Cozzolt the priest, witness.  Chuniheri the priest, witness.  Wital the priest, witness.  Fridheri, witness.  Fridurih, witness.  Hucco, witness.  Deotmar, witness.  Huni, witness.  Frehholf, witness.  Anno, witness.  Adalpald, witness.  Hiltiperht, witness.  Hagustalt, witness.  Atto, witness.  Chraft, witness.  

If anyone should wish to come against this action or thinks of corrupting it, let him have business with God and St. Andrew the apostle in the presence of the countenance of the terrible judgment of God.  

I Sundarheri wrote this charter at the order of Bishop Arbeo.  

(21)  The only reference to this monastery; it may have been a foundation of Duke Hucbert, who ruled Bavaria from 725 to 735.  

(22)  The “bach” in Ambach means “brook,” so this apparently means property on either side of the watercourse.  

*

TF27: Hagustalt gives his property to the church at Muensing (765-776)

GRANT OF HAGUSTALT AT MUENSING (MUNIGISINGUN)

I Hagustalt have given thought for the redemption of my soul and have given all my inheritance which my father left me as an allod to the church which is at Muensing, that it may be secure in perpetuity.  

And these are the witnesses:  Chraft.  Podalunc.  Moatheri.  Irminheri.  Hadolt.  Waltheri.  Tunti.  Jonnes.  Ferholt.  Engildeo.  

That if anyone of my heirs should wish to break this, let him be cursed by God and pay composition according to the law and let this grant remain firm and secure.  

*

TF28: Undeo and the Priest Cundhart grant a church at Kronacker (Kronacker, 4/26/768)

THE GRANT OF UNDEO AND CUNDHART

Concerning the church founded by Undeo and Cundhart the priest in the place which is named Kronacker (Chrakinachra) and dedicated by Bishop Arbeo in honor of St. Valentine the Confessor, this agreement was made between them, that after the days of the builders by the concession of the bishop it should be established so by the right of Episcopal lordship, that he might not release others beyond what is established; after their deaths let him who presides as bishop obtain it for the house of St. Mary ever Virgin by every canonical [right], that he might declare the authority of the ancient fathers.  

Done in the above-named village sub die consule which is the sixth of the Kalends of May, in the twentieth year of the reign of the most illustrious Duke Tassilo, the fifth of the moon, in the sixth indiction, more or less.  

+Sign of Cundhart who asked this to be done.  +Sign of Bishop Arbeo.  +Sign of Abbot Atto.  +Sign of Kernod the priest.  +sign of Reginperht the priest.  

*

TF29:  Wurmhart gives a third of his property to the Marienkirche at Rott am Inn (1/15/769)

GIFT OF WURMHART

Quitclaim or donation to the holy places.  While the Lord Jesus Christ [said] to count the heavenly prize according to the scripture: “The world perishes and the things that are in the world, but that which is asked (rogatur) in the churches or for the poor never perishes, but is held in eternal memory for righteousness, therefore I, Wurmhart, in the name of God, thinking for the health of my soul and toward the eternal retribution to come came to the decision for my spirit, give from the present day, and wish it to be given in perpetuity, to that church at Rott (Rota) built in honor of St. Mary where the priest Dominicus is seen to preside as priest at the present time, that is the third part of all my property in that village of whatever belongs to me by law, all that it may have in that day, whether mansi or unfree tenants, fields, lands cultivated or uncultivated, pastures and all woodland meadows, waters and running streams as we have said above.  

On account of this donation we have asked it to be done, that a part of the same written above for our successors, that they may do as they wish from that day, that is to hold it, govern it, transfer it and leave it to their successors or whatever he may choose to be done, let him have free and secure authority in all things.  

Therefore I and my wife, of a son should be born to us and lead his life, rejoicing in God it pleases us, that he should have authority over two parts and my mother of my patrimony, that is a mansus, a man, and a woman and unfree persons with all their resources, but should such a child not come to life or if he should pass away, after his departure let his inheritance revert to the church in honor of St. Mary.  

If anyone of my heirs or any opposed person should attempt to come against this donation or wish to break it, first let him incur the wrath of God almighty and be separated from the threshold of St. Mary and the communion of the saints and let him not achieve what he sought, but let this present donation remain secure for all time by the attached stipulation, sub die consule which is the 18th of the Kalends of February, in the 21st year of the reign of the lord Duke Tassilo.  

Sign of the hands:  witnesses Atti and Adalcoz and Odalmunt.  

I, Isanhart the priest, servant of the servants of God, in the name of God.  

I, Dominicus the priest, wrote and subscribed this letter.  Amen.  

*

TF30: Kepahilt transfers a church at Germersburg with her attached property.  Germersburg, 1/20/769.  

DONATION OF KEPAHILT IN GERMERSBERG (Germania in Monte)

In the name of Christ.  In the eternal reign of our lord Jesus Christ, I Kepahilt have collected the property of my own which I acquired from my husband Cundpato when he was living or which I came to me as a legitimate dowry or which belonged to my paternal inheritance into one [estate], a place called Germsersberg (Germania vel ad Monte), in which I have built a church in honor of the blessed and ever virgin Mary with [her] associates (23) which Bishop Heres dedicated on the 13th of the Kalends of February (January 20).  In this gift I have given two tenants, Cozpald and Prunicus, and after my death all that I possess, that is I have granted 8 tenants with buildings and enclosures with houses and with all the appurtenances, with pastures and meadows, which country land and woods as well as forest with running water, to the said oratory with the consent of my son Alpriih and this church with the same said fullness (of property) to the church of the blessed mother of Christ Mary at the Episcopal household located in the citadel of Freising, which I have received for usufruct in benefice from the hand of the said bishop all the days of my life, and after my death I have made it secure there in perpetuity.  

After this grant was made I confirmed it by placing my hand together with my son’s over the altar, [speaking] in the same words as above.   

These were the witnesses to it:  Ursus the priest and our nephew Cundpato.  But let us return to the order above, that if anyone of my heirs which I do not think could be, or anyone should wish to contradict or attempt to change [this], let him share in the sentence by that holy virgin of God and all the saints whose names are celebrated in that citadel and let this grant remain firm nonetheless.  

Done in the said place ad Monte in the 22nd year of the reign of lord Duke Tassilo sub die consule which was the 13th of the Kalends of February.  

And these were the witnesses:  Bishop Heres.  Ratolt, Ursus, Heimilo, priests.  Arn.  Chunihoch.  Adalperht.  Teto.  Hramperht.  Hroadperht and others without number who were also present there.  

I, Heripald, wrote up this letter as ordered from the mouth of Bishop Heres and confirmed the witnesses.  

(23)  “cum sociis” (with associates) is inserted here, with uncertain referents:  It could mean either the saints associated with Mary (presumably in the calendar used by the church), since it is most closely associated with Mary’s name, but might refer to Kepahilt having associates in the church’s sponsorship or, less likely, Bishop Arbeo dedicating the church with the cooperation of other bishops.  

*

TF 31:  Sigifrid and his son Erchanfrid grant their property at Ebertshausen (2/24/769)

GRANT OF SIKIFRID AT EBERTSHAUSEN (EPARMUNTESHUSIR)

While it is fitting for each person who appears to dwell in this world to reflect on the sacraments and to fear the final day, lest sudden death, unprovided for, should find us unprepared as is the case of human fragility, and take [us] like a thief and give us the tears of eternal death, one should, with the transitory things which piety and human capability can acquire of the Lord, acquire a patron who can intercede with the lord for his neighbors on the day of the great judgment, so that one might receive the fullest mercy with him [rather than] retribution.  

On account of this, I Sigifrid, in the name of God, together with my son named Erchanfrid have considered, that for the remedy of our souls and for the absolution of our sins, that the good lord might deign to bestow on us eternal reward in abundance, that we ought to concede our patrimony to the sepulcher of St. Corbinian the Confessor of Christ in the place Freising, where the precious [saint] is perceived to be interred in the body.  Which we have done and established, that it may remain firmly in perpetuity to the same holy place, that is, in the village named Ebertshausen (Eparmunteshusir), whatever we have been seen to have as our patrimony, we grant it whole and entire, and we have confirmed it with witnesses at the aforesaid house of St. Corbinian, that it might remain perpetually by this true reason, that as long as we live, we ought to have or “usurp” this matter in whole,(24) but after our deaths, with whatever property might have been added or improved, without any [further] certification or contradiction the governor who then, at that time, is seen to hold the monastery of St. Corbinian to govern it, shall make it to return to his lordship.  

If anyone, which I hardly believe will be, if I myself or anyone of my heirs or anyone whatever who should [act] against this letter of donation which I have made of my own free will and have asked to be confirmed, or should presume to retract anything, first of all let him incur the wrath of almighty God henceforward, and let him be required to pay forty shillings for this charge and let his petition remain empty and invalid, but let [the grant] retain the firmness of oak for all time through this letter; I have subscribed it with my own hand and have decreed that it be strengthened by [the witness of] good men, whose names are these:  

In the first place, Bishop Arbeo, who dedicated this basilica and into whose hand it is given.  Ratolt the priest.  Arn the deacon.  Pern the deacon.  Hununc the priest.  Reginpald.  Hato.  Chuno.  Angilperht.  Arpeo the layman.  Hrodker.  Pern the layman.  Hartrih.  Eginolf.  Perhtolf.  

This was done on the 6th of the Kalends of March (February 24) in the 22nd year of the reign of the glorious Duke Tassilo.  

I, Heres, ordered this charter to be made by the petition of the said Sikifrid who made this donation.  

(24) In other words, they can hold the property in usufruct during their lifetimes.  

*

TF 32: The Priest Adalperht gives his property at Thanning (Isen, 4/21/769)

THE GRANT OF ADALPERHT THE PRIEST AT THANNING (DAHININGA)

In the name of God.  I, the unworthy Adalperht, ordained a priest already, pierced by divine love and fear and considering, that I might merit to obtain something of favor or mercy from God, grant and transfer of the property that has fallen to me by inheritance or acquisition  in the place Thanning, to the episcopal house situated in the place which is called Freising where the honor of St. Mary is celebrated and St. Corbinian rests in the body, where the venerable Bishop Arbeo is seen to preside.  Therefore all my said alods or acquisitions, whatever appears to pertain to me by law, I have granted and confirmed to the said holy church of God, into the hand of the said venerable Bishop Arbeo in the presence of his whole household gathered there, among whom the first were: Hununc the priest.  Heimilo the priest.  Wolfperht the priest.  Alpolt the priest.  Wicrat the cleric.  

And these are the names of the witnesses:  Wolfperht.  Hramperht.  Eodunc.  Paturihc.

These things were done in the public place which is called Isen on the 11th of the Kalends of May (4/21) in the 22nd year of the most glorious Duke Tassilo in the 8th indiction (769).  

I, Alpolt, an unworthy priest, wrote this charter at the order of Bishop Arbeo, seeing and hearing this charter of donation.  

*

TF 33: GRANT BY THE PRIEST UUILLAHELMI (William/Wilhelm) OF BITTLBACH

While, in the name of God, I was meditating and giving consideration to my soul and the future life, that I might be worthy to receive reward in quantity with my good Lord,* 

I, Uuillahelm, called though unworthy as a priest sustained by God, donated my inheritance in the village called Bittlbach, which my father Gaio left me as an inheritance and which in part fell to me from my brothers, to the church of St. Zeno the confessor of Christ, built on the banks of the river Isen.  

Thus I grant and transfer houses, enclosures, buildings, territory, fields, pastures, woods, waters, whether cultivated or uncultivated, fruit-bearing woods or whatever else I may possess in this property, so that after my death it may be entirely in the control of this church.  

If any of my relatives or contrary persons should attempt to oppose or break (this grant), let him incur the wrath of the supreme Judge,(25) and let him be liable to the fisc (26) for two pounds of gold, but nevertheless let this grant remain firm and fixed as described.  

Done in the aforementioned church of St. Zeno on the Isen in the presence of Bishop Arbeo and all the clergy on the consular day, the 15th of the Kalends of January in the 22nd year of the reign of the most illustrious Duke Tassilo.(27)  

These are the witnesses who were present and acted as witnesses (to the grant): First of all, Bishop Arbeo.  Hunger, Urso, Angilpald, Alpolt the priests.  Arn, Pern Deacons.  Hulzilo, Arperht, Cartheri, Alprih and others heard and watched.  

I, Uuillahelm wrote this with my own hand and made the gift and confirmed the witnesses.  

(25) God

(26) The public treasury, controlled by the ruler (Duke Tassilo, in this case)

(27)  December 18, 769.  

*

TF 34: Duke Tassilo gives Innichen to Abbot Atto of Scharnitz (Bozen, 769)

ON THE FIELD OF GELAU WHICH IS CALLED INDIA (28)

In the name of God.  I, Tassilo, Duke of the Bavarians, illustrious, pierced by divine mercy and enabled by the hand of eternal blessing, with the consent of the optimates of the Bavarians, give and transfer the place named Innichen (India) which is commonly called the Field of Gelau to Abbot Atto for the church of St. Peter Prince of the Apostles and the other saints, apostles and martyrs, for the remedy of my soul and also the souls of my predecessors, for the building of a monastery and its service, by the river which is called the Tesido (Inn?) as far as the borders of the Slavs, that is to the brook (rivolum) of Mt. Anarasi the fields and mountains whole and entire, pastures, hunting grounds, all the wetlands and farmlands that pertain to the same place, that no one in turn of human fathers might be able or presume to usurp [it], who by some scheme or controversy arising to disturb in any way the place and the inhabitants in it, in accusation against the said Abbot Atto, nor his successors, since I have set down with my own hand that I could make the characters in a chirograph, in the presence of my judges and optimates, since we have recognized the place to be empty and uninhabited since ancient times, but now I have heard the petition and humble supplication and on account of the disbelief of the nation of the Slavs I have conceded and granted [it] with joyful expression in order to lead them in the way of truth, that no one, which I hardly judge would happen, of my heirs or co-heirs or any opposed person whosoever who should wish to come against this letter of donation or to break it, let him incur the wrath of God and all the saints.  

+The sign of my own hand, Tassilo, giving and confirming.  

Done in Bozen while returning from Italy in the 22nd year of his reign.  

+ Alizzeo  +Reginwolf.  + Sign of the hand of Cundheri.  +Drudmunt.  +Pillunc.  +Oatachar.  +Hliodro.  +Crimperht.  + Papo.  +Heriperht.  +Kislolt.  +Jubeanus.  +Bishop Alim, witness.  

I, the unworthy Anno, wrote and subscribed this as ordered.  

(28) This charter is very unusual, in that it explicitly identifies its donation as being intended to support a missionary effort to the Slavs on Bavaria’s eastern frontier.  The river Inn where the donated property is located is close to the Carantanian people, whose conversion is documented in the Conversio Bagoariorum et Carantanorum, but where that document attributes the Christianization work entirely to Salzburg, here Tassilo seems to intend the monastery of Scharnitz to play a role.  

(29)  A chirograph can mean simply “handwriting,” emphasizing that Tassilo signed the document with his own hand, but in diplomatic usage is often meant that the document was prepared in duplicate on a single sheet, with the word “Chirograph” itself written in large letters on the border between the two copies.  By cutting through the letters, each party could keep a copy of the original and prove its authenticity by showing that the lines matched up.  

*

TF 35.  Tassilo makes a donation at Aufhausen to the church at Moosen (ca. 769).

DUKE TASSILO AT FILUSA

In the name of Christ.  It is appropriate for each person….(30) …while he possesses earthly things, that he should think frequently of the salvation of his soul and the future life and that he might deserve to receive the present kingdom or the earthly one.  Therefore I, Tassilo, Duke of the Bavarians, at the request of the priest Urso have given, in the public estate (villa publica) which is called Aufhausen (Ufhusin) in the presence of the bishops as well as the priests and deacons and with my laymen present, to the church of the blessed Stephen where the said priest Ursus is seen to serve by the river Filse, that is on the south or “meridional” side.  Moreover if anyone should wish to corrupt this donation, let the possessor have license [for the matter] to be brought to us.  But we as we have promised above wish to conserve this for our times and if a successor should come to us, he ought likewise to conserve (it).  

Also, that this donation might remain firm and stable, I, Tassilo, have written and confirmed it with my own hand.  Sign of the witnesses:  Liutprant, priest.  Pippi, priest.  Adilger.  Choanrat.  Reginolf.  Rumolt.  

(30)  There is a 2 cm gap in the manuscript at this point.  

*

TF36:  Alpriih and the Deacon Ascriih give their property at Malching, the latter also at Ried. (769-776)

THE GRANT OF ALPRIIH AND ASCRIIH

By the inspiration of our lord Jesus Christ and not unmindful of the human condition and the goodness of God, we have considered how to receive redemption for our souls.  I Alpriih and [I] Ascriih have granted our inheritance which pertains to us in our share in the place called Malching (Mahaleihhi) to St. Mary and to St. Corbinian at the place which is called Freising.  And this grant was made thus, that we the aforementioned and our two sisters, Marchraat and Waltraat, and our three nephews, who are their sons Amilo and Wisurih, and our (31) sister Angilrata, we seven each might hold [the property] to the end of our lives and those our (other?) relatives may not have no authority, that while I live and those our sisters which are named above, and after our death then they may hold it in authority,(32) and after their transmigration may it be in the authority of St. Mary and St. Corbinian until the last day and let the bishop who sits at Freising receive the whole tithe which pertains to our church, as long as we live, and after our death may all these things be in his power to hold and to give and whatever he may wish to do with it thereafter.  

And I the unworthy Ascriih called a deacon have my own property in a place named Ried (Reod) which Hiltistein granted to me.  And that I have likewise granted to St. Mary and St. Corbinian for myself and for Hiltistein who gave it to me.  

But if anyone, which I do not believe will happen, if we any of our heirs or any opposed person whosoever should attempt to come against this grant and should wish to break it, first let him incur the wrath of God and let him pay composition according to the law and let him be repelled from the threshold of all the saints and may this grant remain firm nevertheless.  

And these are the witnesses:  witness, Amilo.  Witness, Wisurih.  Witness, Liutunc.  Witness, Alpriih.  Witness, Posilo.  Witness, Adalperht.  Witness, Eigil.  Witness, Apo.  Witness, Adalperht the cleric.  Witness, Anulo.  Witness, Anulo. (33)  Witness, Deotuni.  Witness, Kerpald.  

Moreover I, the unworthy deacon Ascriih, have written this, who made this grant with our lord Jesus Christ reigning in eternity.  Amen.  

(31)  Sic – apparently an error for “their” sister since the text had just indicated three nepotes.  

(32)  “Potestas” is used repeatedly through this sentence to signify legal authority – perhaps “lordship” -  over the property.  Thus, Alpriih and Ascriih are to hold potestatem for their lifetimes, their sisters and nephews after them, and after their deaths the potestas transfers to Freising.  

(33)  It is not clear if there were two Anulos or if this is a scribal error.  Usually there is some sort of acknowledgment by the scribe if more than one witness has the same name, such as “Arpeo the layman” in TF 31 (to distinguish him from Bishop Arbeo).  

*

TF 37:  Rihhart grants his property at Steinhart to the church there (Steinhart, 8/1/769-777)

RIHHART AT STEINHART 

He cares for prudent counsel who takes consideration for the remedy of his soul: that man seeks God the repayer and does not doubt the mercy of God.  Therefore I Rihhart have firmly granted whatever I may have of my own inheritance in the place Steinhart (Steinhard) to the house of St. Pancratius in that same place for the remedy of my soul, the territory, the enclosure with the house, the cultivated and uncultivated, and whatever is seen to pertain to my property in that place whether in unfree persons or in all causes with this stipulation, if a son should be born to me, that he may have our servus Heimrihhun with the enclosure and with the house, whatever is seen to pertain to that mansus (mansam) and a third part of my selilantis,(34) and let this son of mine be subject to the church of St. Pancratius with all his portion until the end of his life and let him not have license to withdraw anything from it, but the right only to make use of it and to expand it, not to diminish it in any way and after his death let it return firmly to the house of St. Pancratius.  

And I establish, if I myself or my son or any opposed person whosoever should attempt to come against this grant or wish to break it, let him incur the wrath of God and be bound outside the threshold of all the churches.  

These are the witnesses: Fater.  Isanhart.  Filis.  Minigo.  Atto.  Sahso.  

I, Fater the priest, chaplain to Lord Tassilo Duke of the Bavarians, wrote this grant at the request of the priest Isanhart and of the layman Rihhart, that it might remain stable and undisturbed.  

These things were done in the house of St. Pancratius on the Kalends of August (August 1).  

(34)  Meaning uncertain

*

TF 38:  THE GRANT OF PEIGIRI AT HOLZHAUSEN

In the eternal reign of our Lord Jesus Christ and the twenty-third of that of the most illustrious Duke Tassilo, 

I, Peigiri by name, have donated my property to a church of the blessed Archangel Michael which I built at a place called Holzhausen, with my sons being present and with the consent of my brothers, firstly the portion of Odalperht’s territory for the remedy of his soul, then my own portion which I received from (my) sons, except for two tenanted properties, of which one is occupied by Puzzii, the other used to be held by Tenno: so that if there were any need to convey (them) I would have authority (over them), or my sons whomever, and three unfree persons named Tagapald, Sasca the Slav, and Palduuiha.  But the rest I have donated entirely except for two whom I liberated whose names are Misa and Cozzo whose guardianship is to belong to that church which I have transferred in its entirety to St. Mary the Mother of God in the episcopal house, into the hand of Bishop Heres at the fortress of Freising ...with houses, courts, slaves, tenancies, territory with fields and pastures, with waters and woods, with all its tools, with four-footed (animals) or whatever I am understood to possess there.  

This grant I have received in benefice from the aforesaid bishop as well as my successors to the end of my days to inhabit and benefit from as it may please the house of the Lord.  

For I have given it both for myself and my aforementioned brother as well as for our father with the same name and our mother my sons in perpetual possession, that I might deserve to receive a reward in quantity with the good Lord.  

So if anyone should try to come against this charter of donation or this grant, may it be avenged by the wrath of God enthroned on high, and let him enter into the hostility of the saints, and may the immaculate Virgin Mary and the Archangel Michael advocate our cause, may he stand culpable under earthly judgment, (and) may this donation nonetheless remain inviolate.  But may this (donation) give God a defense for my sins.  

Enacted in the village of Holzhausen by the consent of my sons and brothers, who were tugged by the ears as witnesses to the property to be confirmed into the hand of the aforementioned bishop.  

First, Eodunc, witness.  Then Oatlant.  Afterwards Oadalhart in the presence of all the clergy.  Witness, Lantfrid.  Witness, Turo.  Witness, Sauulo.  Rekinperht the priest.  Immo.  Herirat.  Arn.  Rekinolt, Rihperht, and many others.  

Enacted in the aforementioned place on the consular day which is the 4th of the Kalends of May in the time mentioned above. (35)  

I, Pern the deacon, wrote up this charter of donation at the order and instruction of Bishop Heres.

(35)  The reign of Christ and of Tassilo at the top: this is April 28, 770.  

*

TF 39: The Priest Oadalker grants property at Leonhardsbuch and on the Glonn (Freising, 9/26/770)

GRANT OF OADALKER THE PRIEST AT THE PLACE BUCH (POAH) AND ON THE BANKS OF THE RIVER GLONN (CLANA)

While in the name of God, I, Oadalgaer, called a priest by divine clemency, [was] thinking and considering my soul and the future life, that I might deserve to receive reward in quantity with the good Lord, I was afflicted with daily sorrows from an illness growing in my body, my knees having lost the strength of youth, I delight in each breath analatum (resoluta genua iuventutis amissa vigore suspirus fruor analatum), I consider my soul (animam for ahimam) placed under an earthen covering of seven fragile walls (fragilis septam parietis ahimam fictili tecumine [tegumine] subpositam contueor), I meditate on the future life, I recall the testimony of the truth which says: Give up all that you have and come, follow me, and you will have treasure in heaven.  

Therefore the entire substance which my father Cello left me as an inheritance with him present and consenting while he had left the world and changed his habit, by my own hand the entire substance, that is our common inheritance he gave to me in the sight of Bishop Arbeo and all the clergy and noble men and of our neighbors (finitorum) in the presence of whom, in the citadel called Freising to the immaculate and ever virgin mother of god, the church of Mary, together with (her) associate the blessed confessor of Christ Corbinian whose body is seen to be set within the walls and whose relics to the lordship (ditio) of whom our entire inheritance both for me and for my father who consents and my mother I have granted and transferred with this consideration of necessity excepted, that if the time should demand it, I should use its appurtenances, not as my own, but as a benefice of the church.  

But after my death let this grant remain firm and stable by the attached stipulation by the consent of the illustrious man, the Lord Duke Tassilo who has confirmed this grant with his own hand.  

I have granted this in the place called Buch (Poh) and in another place on the bank of the river Glonn (clana) which we possessed between the other places, five colonias with all their appurtenances, I have granted houses, enclosures, meadows, pastures, the running waters of the land, wooded lots, woodlands, plains or whatever we may have appeared to possess there by right, all the property as inquired, that if anyone of my family or opposed persons should attempt to come against this donation, let them receive the retribution of the convict in unbreakable chains of eternal damnation and let the case be defended before the holy mother of God and the said confessor of Christ and furthermore let him be culpable to the earthly judge for two pounds of gold and five of silver and let this donation remain firm nonetheless.  

Done in the town of Freising sub die consule which is the 6th of the Kalends of October (September 26) in the twenty-third year of the reign of the most eminent Lord Duke Tassilo.  

These are the witnesses who confirmed with their own hands or by ear or who were brought to testify by their word: First of all the Lord Duke Tassilo, witness.  Next Bishops Alim and Heres, witnesses.  Waltrih, Ratolt, Hununc, Reginolf, Engilpald, Horskeo, priests.  Arn, Reginolt, Pern, deacons.  Cundhari, Mazii, Salucho, judges.  Haimo and Geo and the rest without number.  

I, Oadalger the donor, wrote and subscribed this with my own hand and I confirmed the witnesses.  And I, Cello, wrote and granted this by my own hand.  Bishop Virgil, witness.  Bishop Wisurih, witness.  Chunihart, witness.  Chunihoh, witness.(36) 

(36)   The signatures of Tassilo and four bishops, along with the scribal shortcut “without number,”  suggests that this donation was made at a major assembly of the duchy’s nobility.  Furthermore,, the witnessing of the document seems to have been done in stages, since the signatures of Bishops Virgil and Wisurih (of Salzburg and Passau, respectively) appear separately from the others.  

*

TF 40: Popo, Wallod, and Rachoth give their property at Frauenvils (770-783)

GRANT OF POPO AND WALLOD AND RAHHOTH AT THE PLACE WHICH IS CALLED FRAUENVILS (Filusa)

Be it known to all faithful people living in this province, that the faithful men to redeem their souls and to adorn the house of God with offerings and that, for this, they have been zealous and desirous to possess eternal life, whose names are Popo, Wallod, [and] Rachoth.  They have granted their own inheritance to St. Mary the mother of our lord Jesus Christ in this church on the day of its dedication in the presence of Bishop Arbeo and have granted the lands into his hands that they might possess heavenly ones and the said Rachoth had given three unfree persons for the soul of his mother.  

These are those who were present and who stood as witnesses:  Waldperht.  Oadalperht.  Erlolf.  Dorfuni.  Wachar.  Engilperht.  If anyone should attempt to come against this charter of donation or wish to break it, let him incur the wrath of God and pay composition according to the law.  

*

TF 41.  Wurmhart grants his property to the Marienkirche at Rott am Inn (Isen, 1/10/771)

GRANT OF WURMHART AT ROTT

It is established that the author of all good is the God of all things, from whose benevolence all allods are distributed.  Therefore I Wurmhart (Uurmhart) by the concession of divine benevolence, if my mother should depart her breath before the end of my life and if I should not beget offspring, after my day of burial all my substance, the things sought, ought to pertain to the church of the immaculate virgin Mary at Rota on the banks of the river; however if my mother or my own child should survive me, let a third part be held by the church, and after their death the rest which remains ought to be given to the church.  In this way by constitution I grant to the lordship of the said church and its pontiff and the ministers appointed to it the noted property, that is houses, enclosures, woods, fields, meadows, pastures and running waters, cultivated and uncultivated property, whatever is found by the attached stipulation, and if anyone of my heirs or relations should attempt to come against this donation, let him be judged by the wrath of the strictest judge and let him stand culpable to the earthly ruler, but let this parchment (membrana) remain firm and stable nevertheless.  

Done in the villa of Isen in the presence of bishop Heres and all the clergy sub die consule which is the 4th of the Ides of January (1/10) in the twenty-third  year of the reign of Duke Tassilo, the most illustrious of men.  

These are the witnesses who confirmed it by their own hands:  Heres the bishop, witness.  Oadalker the priest, witness.  Reginperht the priest, witness.  Cundhart the priest, witness.  Heimperht, witness.  Toto, witness.  

I, Alpolt, also called an unworthy priest, witness, wrote this letter.  

*

TF 42.  Ramwolf transfers his paternal inheritance at Gross(klein)viecht, Moosmuehle and Abersberg  (Moosmuehle, 3/3/772)

THE GRANT OF RAMWOLF AT GROSSVIECHT (FEOHTE)

In the name of Christ.  I, Ramwolf, weakened by disease and forced to despair of life because of my sins which I have committed by the persuasion of the devil when in good health, have given my own property and the allod which my father Heripald left to me as an inheritance and the portion alongside my brother’s to the places of the saints, that I might deserve to receive reward in quantity with the good Lord.  

In the first place I have given to the episcopal house set in honor of St. Mary located in the citadel of Freising, site of the church and to the sepulcher of of the confessor of Christ Corbinian the place which is called Viecht (Feoht) with its various unfree persons (37)  with the tenants and the territories with meadows and pastures and woods and woodlands and the upper mill located in Moosmuehle (Pottinauue) and the same servus who takes care of it with all his household and its appurtenances and the attached vineyards in the place which is called Abersberg (ad Perge) with their tenants which fell to me in part against my brother, all of whom, with their possessions, we make stable for the said church to remain by law in perpetuity, except that if I should escape to manage there for the days of my life in benefice from the bishop, if it should be his will; but after my death we establish that it should remain firm nevertheless, and if anyone should attempt to come against this letter of grant, let him be sentenced before St. Mary the Mother of God and the blessed Corbinian and relics of the saints which are venerated there.  

Done [in the place] which is called Moosmuehle (Pottinauua).  This grant we made by the hand of Bishop Arbeo in the twenty-fifth year of the reign of Duke Tassilo sub die consule which was the 5th of the nones of March in the 11th indiction.  

These are the witnesses pulled by the ears:  Ratolt, Einhart, priests.  Arn the deacon.  Salucho.  Poapo.  Nordman.  Tutan.  Suuarzolh.  Regincoz and others who were present without number.  

I, Sundarhar, wrote this up from the mouth of Bishop Heres.  

(37) As noted above, I have used the neutral “unfree persons” for terms that might mean either slaves or serfs.  In this charter, both Latin terms - servi and mancipia - are used.  

*

TF 43: The priest Sigiperht gives his property at Kraham (Freising, 7/5/772).  

GRANT OF SIGIPERHT AT KRAHAM (CHREIDORF)

With out Lord Jesus Christ reigning in perpetuity, in the 25th year of the reign of the most illustrious Duke Tassilo, I, Sigiperht the priest, grant and transfer the hereditary property which my father left me as an inheritance in the villa which is named Kraham (Chreidorf) and in the wilderness next to the bank of the river which is called Isna which I bought for a price and confirmed with witnesses and whatever pertains to these and whatever I am able to acquire elsewhere, to the church of the blessed Mother of God Mary within the town of Freising, a public place, that while I am living and after my death she may have authority as its defender and possessor of the said church for everything which my said father left me, and so I have granted and transferred the hereditary and purchased property in the already mentioned place: moreover the rest of the appurtenances, that is fields, meadows, pastures, woods and running waters and whatever appears to be under our lordship, all these appurtenances of this place I have confirmed to be done with fullest devotion in perpetuity with no one prohibiting, that I might deserve to receive reward with the good Lord in quantity.  

But if anyone which I do not believe could be, I myself or anyone of my heirs or any opposed person whosoever should attempt to come against this donation, let him be judged by the wrath of God enthroned on high and let him be placed in the hostility of the saints and let his case be tried with the immaculate and blessed virgin Mary and let him stand culpable to the earthly judge, and let this donation remain firm nevertheless.  

These are the witnesses pulled by the ear; Ratolt the priest, witness.  Tarchant the priest.  Pern, witness.  Arn the deacon, witness.  David, witness.  Liutfrid, witness.  

Done in the public citadel called Freising under the 3rd day of the nones of July (July 5) in the thirteenth indiction.  

I, Horskeo the cleric, ordered by the venerable Bishop Heres, wrote up this donation.  

*

TF 125.  The Priest Heimrat donates his property at Holzen (2/20/789 or 790).

JBC note - the interest of this charter is that it claims the consent of Duke Tassilo and is dated by his reign. Tassilo had been deposed by Charlemagne in 788, a year or two earlier, under accusations of treason (probably manufactured) and imprisoned in a monastery.  This charter suggests that some Bavarians remained loyal to their duke despite Charlemagne’s takeover.  In 794 Tassilo would be brought before the Synod of Frankfurt to renounce his title and authority again.  

In the name of God.  I, Heimrat the priest, have given my acquired property in the place called Holzen to the episcopal house of Freising where the honor of the seat of St. Mary is celebrated and the blessed confessor of Christ Corbinian rests in the body.  For I have done this with the consent and permission of the most illustrious duke Tassilo, and whatever I have acquired in the said place of Holzen with my own money whether in land or in unfree persons I give it whole and entire to the house of St. Mary and of St. Corbinian the confessor of Christ, that the same may stand without any contradiction for the remedy of my soul, that no one may have license or authority to take anything from that place or to diminish it in any way, but let it remain with all integrity in the service of St. Mary with this stipulation, that it will be allowed me to hold the property for the remainder of my life, but after my death let no one be able to forbid its being at the service of the house of St. Mary by any contradiction.  

This was done in the presence of the Lord Bishop Atto and of Bishop Oadalhart in the 42nd year of the most glorious Duke Tassilo die consule which makes the tenth of the Kalends of March (February 20).

These were the witnesses tugged by the ears:  Cundhart and Samuel, deacons.  Wolfperht.  Tito.  Ekkihart.  Imidanch.  Oago.  

I, the deacon Horskeo, wrote up this charter at the request of the said Heimrat.  

*

TF 246 (sometime between 806 and 811): BISHOP ATTO AND HROADACHAR AT ECHING

Notice of the exchange which the Lord Bishop Atto and Hroadachar (38) made between themselves, which is that Hroadachar gave territory to the bishop in the place called Upper Eching and Bishop Atto gave him one hauberk in exchange for it.(39)  And these are the witnesses: Chuniperht, witness.  Reginperht, witness.  Chundheri, witness.  Kaganhart, witness.  Memmo, witness.  

(38) This is an early form of the modern name “Roger” in French or “Rudiger” in German.  

(39) A hauberk is a piece of armor, covering the torso.  This document should probably not be taken as a market exchange in which the armor had value equal to a landed estate (and at any rate does not detail how much land was given).  It is better understood as a gift exchange, in which the donor is honored by the recipient with a high-prestige counter-gift.  


Source:

Theodor Bitterauf, ed., Die Traditionen des Hochstifts Freising (Munich, 1905), vol. I. .  ©Translation by Jonathan Couser (jonathancouser1970@gmail.com). Published here 5 March 2023.

This text is part of the Internet Medieval Sourcebook. The Sourcebook is a collection of public domain and copy-permitted texts related to medieval and Byzantine history. Unless otherwise indicated the specific electronic form of the document is copyright. Permission is granted for electronic copying, distribution in print form for educational purposes and personal use. If you do reduplicate the document, indicate the source. No permission is granted for commercial use.

Paul Halsall, February 2023 ihsp@Fordham.edu


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