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Number 1

(25 December 1201) - (23 September 1202)

Adolf I (of Altena), archbishop of Cologne, declares that Gozewijn IV, lord of Valkenburg, with the consent of lady Jutta, his wife, has donated his court at Munstergeleen with all the serfs, income and appurtenances and half of the patronage right there to the monastery of St. Mary at Heinsberg and to the place of St. Gerlach. He has done so to compensate for the crusade to Jerusalem that he promised but did not complete. Adolf I in turn releases Gozewijn IV from his promise and indemnifies him from future punishment for breaking it.

Adolf I (of Altena), archbishop of Cologne, declares that Gozewijn IV, lord of Valkenburg, in compensation for his uncompleted crusade, with the consent of his wife, Lady Jutta, has donated his court at Munstergeleen with all the serfs, revenues and appurtenances and half of the patronage right there to the monastery of St. Mary at Heinsberg and to the site of St. Gerlach.

Original

A. Maastricht, RHCL, access no. 14.D003, archives monastery of St. Gerlach in Houthem, inv. no. 74, reg. no. 1. Lined. Damaged with loss of text. According to b, in 1869 the original was still in the possession of Ch. Guillon, notary in Roermond.

Notes on reverse: 1° by 14th/15th-century hand: De bonis [...]b[.]ock prope Monstergeleen. - 2° by last quarter 14th-century hand: B j. - 3oby 17th-century hand: 1202. - 4o by 18th-century hand: No . 69.

Sealing: two outward affixed seals, announced, namely: S1 of Adolf I (of Altena), archbishop of Cologne, of brown wax, damaged. - S2 of Gozewijn IV, lord of Valkenburg, of brown wax, damaged; and one place of attachment for the announced seal of Jutta, wife of Gozewijn IV, lord of Valkenburg (LS3). For a description and illustration of S1 and S2, see Venner, 'Seals convent of St. Gerlach', 150 and 156 respectively.

Copy

B. 1735, Maastricht, RHCL, access no. 14.D003, archive monastery of St. Gerlach in Houthem, inv. no. 1 (cartularium) = Privelegien ende register der obligatien en andere erffcontracten des adelijcken cloosters van St. Gerlach, pp. 113-115, under the heading: Littera confirmationis domini Adulphi, archiepiscopi Coloniensis, de bonis in Munsterglene, and in the margin: No . 69, with specification of three places of sealing, after A.

Expenses

a. Franquinet, Reasoned Inventory St. Gerlach, IV, 1-3, no. 1, after A. - b. Habets, 'Houthem-Sint-Gerlach', 203-206, no. 3 (dated 1202), after B.

One-line summaries

Haas, Inventory St. Gerlach, 67, reg. no. 1. - Idem, Chronological list, 34, reg. no. 51. - REK, II, 331-332, no. 1620.

Date

The use of the Christmas style is assumed, in accordance with the use by the Archbishop of Cologne in this period, see Polak and Dijkhof, Book of Charters Kloosterrade, XVI. Within this, the terminus antequem is specified by the given fifth indiction, which ran until 23 September. In the date line an erroneous concurrent is given, one expects the number 1 there.

Thorn

Number 1

Economic

<950> oktober 7

Roman king Otto I grants his vassal Ansfried the mint and market rights of Kessel, located in the shire Maasland. From now on Ansfried may also collect the toll that was levied in Echt in Kessel. The grant is made through the intervention of Duke Coenraad.

Kloosterrade

Number 1

Ecclesiastical

<1108 december 13>

Adelbert of Saffenberg and his son Adolf donated to Kloosterrade Abbey possessions in the land of Rode, including five farmsteads in Rode, tithes there and in the court of Spekholz, and possessions in Ahrweiler originating from Embrico and his father, two farmsteads in Crombach donated by Count Siegfried, and the domain of Koenraad in Morsbach, subject to the guardianship, by which they and Bishop Otbert of Liege granted the brothers the right to elect a superior, to baptise children of freemen, to admit them to communion and to bury them.

St. Servaas Chapter

Number 1

1062 September 21

(Roman) King Henry IV confirms the donation by Otto, Margrave of Thuringia, and his wife Aleid of their goods at Weert and Dilsen to the Chapter of St. Servaas at Maastricht in exchange for three hundred pounds of silver and the usufruct of Oijen, Mechelen-to-the-Maas, Meeswijk and Hees.

(Roman) King Henry IV confirms the transfer by Otto, Margrave of Thuringia, and his wife Aleid of their goods at Weert and Dilsen to the Chapter of St. Servaas at Maastricht in exchange for three hundred pounds of silver and the usufruct of Oijen, Mechelen-to-the-Maas, Meeswijk and Hees.

Original

A. Maastricht, HCL, access no. 14.B002A, archives chapter of St. Servaas at Maastricht, 1062-1797, inv. no. 883.

Seal: one attachment place for the announced imprinted seal of Henry IV, with remnants of white wax, which is not available (SD1).

Copies

B. 1282 April 6, Maastricht, HCL, access no. 14.B002A, archives Chapter of Saint Servatius at Maastricht, 1062-1797, inv. no. 884, charter of Roman King Rudolf I, after A, see Collection of Saint Servatius Chapter, no. 46. - C. late ^13th century, Ibidem, idem, inv. no. 10 (cartularium) = [Liber privilegiorum], fol. 5v-6r (= new fol. 22v-23r), no. 8, to A. - D. late ^13th century, Ibidem, idem, inv. no. 10 (cartularium) = [Liber privilegiorum], fol. 18r-18v (= new fol. 35r-35v), no. 40, to B. - E. 1640, Ibidem, idem, inv. no. 1741 (cartularium) = Liber sive regestum originis ecclesie Sancti Seruatii Traiec[tensis] illiusque privilegiorum, donationum ac iurium ex originalibus et libro chartarum manu Ioannis Choris, receptoris capituli, descriptorum, p. 13-14, under the heading: 9, Henricus quartus Romanorum rex confirmat donationem factam per marchionem Ottonem (hereafter quoad crossed out) de Thuringia quoad Werdt, to A. - F. before 1768, Ibidem, access no. 22.001A, Manuscript Collection (former) Maastricht Municipal Archives, ^14th-20th century, inv. no. 199a (cartulary) = Diplomata Trajectensia de anno 800 ad 1399, p. 87, under the heading: Henricus quartus, Romanorum rex, confirmat donationem factam per marchionem Ottonem de Thuringia quoad Weerdt, die ^11macalendas octobris anno 1062, certified copy by G.J. Lenarts, city clerk of Maastricht, to [C].

Expenses

a. Posse, Codex Diplomaticus, 320-321, no. 120, to D. - b. Gladiss and Gawlik, Die Urkunden Heinrichs IV, VI-1, 118-120, no. 91, after A. - c. Gysseling and Koch, Diplomata Belgica I, 383-384, no. 230, after A. - d. Hackeng, The Medieval Land Property, 279-280, no. 39a (incomplete), after b and the argument of Deeters, Servatiusstift, 51-52. - f. DiBe ID 3906, to c.

One-line summaries

See DiBe ID 3906.

Authenticity and genesis

The authenticity of the present charter has been in doubt since the end of the nineteenth century. Giesebrecht, Geschichte, 1100-1101, was the first to speak out on this matter based on what he considered to be the questionable presence in Germany of "Godefridi, marchionis," as well as the mention of the Margrave of Thuringia and the Count of Brussels. However, he did not conduct paleographic or diplomatic research. Posse, Codex Diplomaticus, 80, while referring to Giesebrecht's objections to this charter, does not include the document as a falsum in his edition.

Niermeyer, Onderzoekingen, 172-179, was the first to subject the 1062 charter to a thorough investigation in his study of the Liège and Maastricht charters. He established on paleographical grounds that the present charter must have been produced not in the eleventh, but in the middle of the twelfth century, and attributed the falsum to a scriptor named hand S. According to him, this person also wrote the context of the forged charter of Henry V of 1109 for the Chapter of Saint Servaas at Maastricht (see Collection of Saint Servaas, no. 3). Gladiss, Die Urkunden Heinrichs IV., VI-1, 118-119, concurred with these observations. According to him, the present charter of 1062 is based on an unsuspected charter written by chancellor Fredericus B (for his activities as one of the notarii in the chancellery of Roman King Henry IV, see Gladiss and Gawlik, o.c., XXIX-XXXI).

Niermeyer was not only convinced that the charters of 1062 and 1109, which he believed to be forged, were written by one and the same hand ̶ in which Gladiss followed him ̶ , he also considered this scriptor responsible for an interpolated line in a charter of Roman King Charles III for the Chapter of Saint Servatius of 1146 (original held at Paris, Bibliothèque Nationale, Fonds Latin, Manuscrits no. 9307/9; for an edition, see Camps, ONB I, 71-73, no. 46). According to Niermeyer, o.c., 177, the 1146 charter of Koenraad III - with the exception of the interpolated line -, would have been written by the royal chancellor scriptor Arnold A. However, this seems unlikely to us, since his chancellor's work, according to Hausmann, Die Urkunden Konrads III. und seines Sohnes Heinrich, XXII, is situated from April 1138 to summer 1140. Moreover, Hausmann does not identify the scriptor of the charter text with Arnold A, but with chaplain Heribert, who worked in the royal chancery from 1140 to 1146 and in 1151. According to Hausmann, o.c., 268, no. 147, the forger attempted to mimic Heribert's script in this interpolated line (for an overview of the charters produced by Heribert, his identification and work for the royal chancery, see Hausmann, o.c., 258-273).

Based on the observation that the interpolation in the charter of 1146 was written by the scriptor who would also have muted the charters for the chapter of St. Servaas of 1062 and 1109, Niermeyer concludes that these two falsa were produced after 1146 and presumably after the death of Roman King Cunraad III in 1152. As a possible terminus ante quem he mentions ca. 1174, the year he found this writing hand still in a charter of Emperor Frederick I (Niermeyer, o.c., 176, note 3). Finally, he dates both falsa more specifically about 1160, without further substantiating this. Gladiss argues that the 1062 and 1109 falsa would have been produced around the middle of the twelfth century as part of the protracted discussions between provost and canons of the chapter of St. Servaas.

Gysseling and Koch, Diplomata Belgica I, 383-384, no. 230, also consider the present charter of 1062 to be a falsum produced at Maastricht without further substantiation. However, they cannot agree on paleographical grounds with the argument of Niermeyer, who dates the fabrication around 1160, and postulate that the scriptio must be situated at the end of the eleventh century.

The dictation in the present charter, according to Niermeyer, o.c., 175-177, is taken from unsuspected charters of Fredericus B, chancellor of Roman King Henry IV. But he identifies a number of provisions in the dispositio that he believes are suspect: 1. where it is stated that Weert and Dilsen will not be subordinate to the provost, but that the dean, with the advice of the friars, will entrust them to a friar desired and found suitable by him; 2. that Oijen, Mechelen-to-the-Maas, Meeswijk and Hees belong "ad fratrum prebendam"; 3. that no one may claim guardianship except the one chosen by the friars; 4. the sanctio with the high fine. These passages, on substantive grounds, bring Niermeyer to 1128/1130 as a terminus a quo for the genesis of the charter of 1062, because the disputes between the provost of St. Servatius on the one hand and the dean and friars on the other appear for the first time in a charter dated June 13, 1128 (original held in Paris, Bibliothèque Nationale, Fonds Latin, Manuscrits no. 9307/5; for an edition, see Ottenthal and Hirsch, Die Urkunden Lothars III. und der Kaiserin Richenza, 14-15, no. 12), as well as because a donation charter of 1130 contains a clause directed against the provost (copy held at Paris, Bibliothèque Nationale, Fonds Latin, Manuscrits no. 10180, fol. 171r; for a partial edition, see Hackeng, The Medieval Landed Property, 288-289, no. 59).

Gladiss joins Niermeyer in regard to the dictation denials to Chancellor Fredericus B's charters as well as the suspicious passages.

Deeters, Servatius Stift, also considers the present charter to be a falsum and follows Niermeyer and Gladiss regarding the dictate borrowing from a genuine charter of Roman King Henry IV. He refers to the rasuur with the interpolation in the 1146 charter and, on this basis, considers it more likely to take 1146 as a point of reference for the time of the forgery of the 1062 charter, rather than the end of the eleventh century as suggested by Gysseling and Koch. As terminus ante quem, he suggests ca. 1165, based on the use of the entirely similar penitential formula in a charter of Roman King Charles III from 1146 for the Chapter of Saint Servaas (original held in Paris, Bibliothèque Nationale, Fonds Latin, Manuscrits no. 9307/10; for an edition, see Hausmann, Die Urkunden Konrads III. und seines Sohnes Heinrich, 508-510, no. 293). This charter of 1146 is a falsum that Hausmann says was issued ca. 1165 by a scriptor from Liège. Deeters follows Niermeyer regarding the suspicious passages, but also indicates that the essential content finds confirmation in a narrative source in the late eleventh century. Indeed, the transfer by Otto, Margrave of Thuringia, and his wife to the Chapter of Saint Servatius is mentioned by Jocundus in his vita of Saint Servatius, written between c. 1070 and 1087 (see the edition by Köpke, "Iocundi translatio s. Servatii," 117, caput 63). However, he does consider three passages in particular to be falsified insertions: the elimination of the provost ('hac conditione ... committat'), the brothers' free choice of guardians ('et ne quis advocatiam ... eligerent') and the unusually high fine ('si quis huic traditioni ... potestati').

Concerning the imprinted seal, Niermeyer, o.c., 174, states that a charter of King Henry IV dated October 14, 1062, served as an example for the abbey of Verdun (original held in Reims, Archives municipales et communautaires de Reims, Collection P. Tarbé, Carton I, no. 21; for an edition, see Gladiss and Gawlik, o.c., 120-121, no. 92). According to him, this charter would have been edited as well as minuted by Fredericus D, who worked in the royal chancellery in the years 1062-1065. This chancellor is the Fredericus B mentioned by Gladiss. Gladiss does consider him responsible for the dictation of the charter for the abbey of Verdun, but is uncertain about the scriptio, which could also have been provided by an unknown ingrossator.

In summary, suspicions have been raised regarding the present charter on the basis of both its appearance and content. The date of origin of this falsum, according to Gysseling and Koch, Niermeyer, Gladiss and Deeters, is situated between the end of the eleventh century and around the middle of the twelfth century, with the extreme terminus ante quem ca. 1174.

We disagree with Niermeyer's findings regarding hand identifications. Paleographic research has shown that there is no similarity in the charters of 1062 and 1109, as argued by him and followed by Gladiss. While the scriptores of 1062 and 1109 show strong scribal affinity, they are not identical. This scriptor S, who, according to Niermeyer, would have written both the present charter and the falsum of 1109 as well as the interpolated line on the rasur in a charter of 1146, was, according to him, active until 1174. Also the similarity of the present charter with the interpolated rule in the charter of 1146 cannot be followed in our opinion since this is impossible to establish on the basis of a single rule. Consequently, the terminus ante quem formulated by Niermeyer, based on the above identifications and the assumed activities of this scriptor S until c. 1174, is not tenable. This also invalidates the target date of 1146 proposed by Deeters for the genesis date of the present charter.

The date of origin of the present charter, which Gysseling and Koch date to the end of the eleventh century, can neither be confirmed nor refuted. The typical diplomatic minuscule manuscript can date from 1062 as well as from the end of the eleventh century. Consequently, a mundering in 1062 cannot be excluded a priori.

That the writing in the 1062 charter does not appear in the charters of Roman King and Emperor Henry IV is not an argument for spuriousness. This is because the possibility of a destinatarisation is lost sight of. Especially under King Henry IV, Henry V and Lothar the number of destinatarisations increased, see Bresslau, Handbuch der Urkundenlehre, 462. That this must be duly taken into account is shown by the considerable number of royal charters of Henry IV that were not issued by his chancellery in the period 1062 March 9 - 1064 October 2 (see Gladiss, Die Urkunden Heinrichs IV., VI-1, nos. 83, 84, 88, 89, 132 and 136, dated 1062 March 9, 1062 March 13, 1062 July 13, 1062 July 19, 1064 July 19 and 1064 October 2). An interesting hybrid, incidentally, is found in a charter of Roman King Henry IV dated 10[6]2 October 14, which was edited by the destinatary and where only the eschatocol was added by chancellor Frederick B (see Gladiss, o.c., no. 92). A scriptio by the destinataris, the chapter of St. Servaas at Maastricht, also fits within the time frame, just after Kaiserswerth's coup d'état in April 1062, which led to unusually rapid, sweeping personnel changes in the royal chancellery (see Meyer von Knonau, Jahrbücher des Deutschen Reiches, 287-288; Gladiss, o.c., XXIX-XXX).

Not only with regard to the paleographic identifications by Niermeyer are we of a different opinion, we also have doubts about his dictate analysis. For the redactio of the falsum, the chapter of St. Servaas would have used some charters from 1063, written by chancellor Fredericus B (for an edition of the charters in question, see Gladiss, o.c., nos. 100, 106 and 117). Not only can the selection of these charters be questioned (no. 100 was not edited by Fredericus B), so too can the signaled dictate relationship. Niermeyer draws randomly from these and other charters and identifies sections of text that should arguably prove borrowing from Fredericus B's dictation, but the opposite is true. Not only are there significant discrepancies, but very striking text borrowings and constructions already occur in older chancellor's charters of King Henry IV that were edited by the chancellor's office (Gladiss, o.c., nos. 3, 21, 47, 50 and 73, dated 1056 December 29, 1057 May 28, 1059 February 5, 1059 March 4 and 1061 August 7) as well as in destinatary charters (Gladiss, o.c., nos. 60 and 101, dated 1059 November 22 and 1063 June 14). Thus, there is no hard evidence for dictation borrowing from royal charters from 1063, edited by Fredericus B, while further dictation comparison additionally demonstrates the possibility of borrowing from older royal charters. An editing of the charter text by the chapter of St. Servaas is therefore obvious, possibly even based on an older royal charter. A possible slip of the pen, referring to "ad usum confratrum" instead of the usual "ad usus fratrum," seems to implicitly point in that direction. Incidentally, the charter text is perfectly adapted to the political constellation after the so-called coup of Kaiserswerth in early April 1062, in which the regency over the infant Henry was taken away from his mother Agnes and transferred to Anno, Archbishop of Cologne. Therefore, the wording "ob interventum ac petitionem dilecte genitricis nostre Agnetis imperatricis auguste," standard in the charters of Henry IV before April 1062, is omitted in the present charter.

Following on from the paleographical findings that led Niermeyer to an extreme date of origin of the falsum ca. 1174, he sought substantive arguments that argued against what he saw as suspect passages concerning the position of the provost. In particular, he cited charters from 1128/1130 and 1130 in which disputes between provost and chapter are mentioned for the first time and a clause directed against the provost appears. On the basis of these twelfth-century charters, he considered the provisions against the provost in the present charter to be impossible. However, the fact that no other documents have survived before 1128/1130 that mention conflicts or exclusion of the provost is not an argument for calling the provisions in 1062 anticipatory or a falsum.

A charter from 1050 could shed further light on a possible independent position of the chapter before 1062. In it, Godfrey II with the Beard of Lorraine transfers the allodium at Ramioul to the chapter of Saint Servatius 'ad usum fratrum ibidem Deo et sancto Servatio famulantium ... eo iure et libertate qua possedi ... et ut nullum advocatum habeant preter advocatum altaris sancti Servatii, scilicet ipsum regem'. Unfortunately, this charter cannot play an adductive role with regard to the authenticity of the present charter, because it is considered a twelfth-century falsum by the chapter of Saint Servatius (original held in Liège, State Archives, archives abbey Val-Saint-Lambert, no. 2; for an edition as well as literature references to Roland, Despy, Dierkens and Guilardian, among others, see DiBe 3402). Incidentally, the writing hand of this falsum, whose date of origin fluctuates between 1100 and 1200, shows close scribal affinity with the present charter.

Nor can the high fine mentioned in 1062 be used as a criterion for a falsum on the grounds of exceptionality. This entry could just as easily be a first early and/or exceptional attestation. Deeters, following the paleographic findings of Niermeyer, seizes upon an exactly identical fine formula in a circa 1165 forged charter of the Chapter of St. Servaas from 1146, to consider it a "Vorlage" for the 1062 charter and consequently terminus ante quem. However, the reasoning can also be reversed: since this falsum originated c. 1165, the penitential clause may also have been taken from the present charter of 1062.

In conclusion, the transfer of possession itself is undisputed in the dispositio, for it is confirmed by an eleventh-century narrative source, and no further substantiation has been found for the substantive arguments advanced by Niermeyer that would be decisive for the falsifiability of the present charter. Not only does the ground under a dating in the twelfth century disappear by the correction of Niermeyer's paleographic findings, a scriptio in 1062 cannot be excluded on paleographic grounds either. Dictation analysis also leads to other conclusions, which make a destinatarisation very likely. Therefore, a forgery of the present charter does not seem to us proven.

Localisation

According to Driessen, "Silva Ketela," col. 101-106, silva, Ketela dicta is to be identified with the Ketel Forest, the Kingdom Forest or "Royal Forest" of Nijmegen. Gysseling and Koch do not locate this place (unknown).

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St. Gerlach

Number 2

Economic

1231 January 25

Deacon Reinier and the chapter of Our Lady in Maastricht declare that Lambert Sutor and his mother, with their consent, have sold fields in Houthem to the convent of St. Gerlach in Houthem. These fields were under production charge obligations to the chapter. The sale was done by the hand of Willem, parish priest in Houthem and canon of the chapter of Our Lady.

Thorn

Number 2

Economic

26 June 98[5]

Roman King Otto III gives Ansfried ownership of goods that the count had hitherto held in fief, together with all associated benefits in lands, buildings, waters and roads, among other things. Moreover, Ansfried is allowed to decide what to do with all this. This includes part of the toll, mint and property tax at Medemblik as well as goods located in the county of Friesland and in Lower Maasland. Otto makes this transfer of property on the intercession of his mother Theophano.

Kloosterrade

Number 2

Ecclesiastical

1122 March 24

Pope Calixtus II, at the request of Abbot Richer and the canons of Kloosterrade, confirms the rule of life of the abbey, takes the abbey and all its property into his protection, arranges the election of the abbot, and determines that the tithes of goods processed by it shall belong to the abbey.

St. Servaas Chapter

Number 2

1087

Emperor Henry IV makes the chapter of St. Servaas at Maastricht imperial, reserves the provostship for the royal or imperial chancellor and the guardianship of the altar of St. Servaas for himself and his legal successors.

Original

A. Maastricht, HCL, access no. 14.B002A, archives chapter of St. Servaas at Maastricht, 1062-1797, inv. no. 36. Damaged with loss of text.

Seal: one imprinted seal, not announced, namely: S1 of Emperor Henry IV, of white wax, damaged. For a description and illustration of S1 and its problematic attribution, see Venner, "Seals," no. 41.

Copies

B. 1232 December, Maastricht, HCL, access no. 14.B002A, archives chapter of St. Servatius at Maastricht, 1062-1797, inv. no. 39, insertion in a charter of Emperor Frederick II, to A. - C. second quarter of ^13th century, Ibidem, idem, inv. no. 37, vidimus by the chapter of Our Lady at Maastricht, to A. - D. 1273 October 15, Ibidem, idem, inv. no. 40, vidimus by Master Baudouin of Autre-Église, canon of the cathedral chapter at Liege and official of Liege, to B. - E. 1282 April 9, Ibidem, idem, inv. no. 42, insertion in a charter of Roman King Rudolf I, to B. - F. before 1768, Ibidem, access no. 22.001A, Manuscript Collection (former) Maastricht Municipal Archives, ^14th-20th century, inv. no. 199a (cartulary) = Diplomata Trajectensia de anno 800 ad 1399, p. 101-103, under the heading: Diploma Henrici quarti, regis et imperatoris, quo ecclesia Sancti Servatii declarat omnino libera ab omni iurisdictione, solum tantum sub rege et imperatore qui etiam solus habet collationem prepositure et avocatie altaris sancti Servatii in eadem ecclesia, datum Aquisgrani, indictione X 1087, certified copy by G.J. Lenarts, city clerk of Maastricht, after A.

Expenses

a. Nelis, "Examination," 13-14, to A. - b. Muller and Bouman, OSU I, 225, no. 251, to A. - c. Gysseling and Koch, Diplomata Belgica I, 384-386, no. 231, to A. - d. Gladiss, Die Urkunden Heinrichs IV, VI-2, 522-523, no. 395, after A. - e. Hackeng, The Medieval Land Property, 311-312, no. 96c (incomplete), after d. - f. DiBe ID 5153, after d.

One-line summaries

See Gladiss, Die Urkunden Heinrichs IV., VI-2, 522, no. 395, and DiBe ID 5153.

Authenticity and genesis

The present charter, not on substantive grounds but on the basis of its external features, has been considered a falsum since the nineteenth century. Stumpf-Brentano, Die Reichskanzler, 240-241, no. 2886, states that this charter is a pseudo-original. According to Waitz, Die Deutsche Reichsverfassung, 356, the proosdij of St. Servatius at Maastricht belongs only to the Reich Chancellor "nach einer freilich falschen Urkunde," namely the present charter. According to him, the attribution did rest on customary law. Ficker, Vom Reichsfürstenstande, 363, Bresslau, Handbuch der Urkundenlehre, 453, and Meyer von Knonau, Jahrbücher des Deutschen Reiches, 159, also speak of a pseudo-original, but have no reservations about the authenticity of its contents. Ficker points out that the chapter of St. Servaas was imperial, as evidenced by an arrangement made by Henry V in 1109 through the intervention of their provost, imperial chancellor Adelbert (see Collection of St. Servaas Chapter, no. 3).

Nelis, "Examination," 9, states that "paléographiquement parlant, le diplȏme a l'aspect des plus bizarres. He indicates that the signum line and monogram are not written by the same hand as the rest of the charter. There is also exceptionally little space between the penultimate line of the charter text and the signum line, something rare in charters that are the work of the imperial chancery. This added to the fact that the signum line and the monogram are from a different hand, leads him to the assumption that the present charter would be a blanket. Here the parchment would be blank, except for the signum line and the monogram, delivered by Emperor Henry IV, after which the destinataris, the Maastricht Chapter of Saint Servaas, would have written the charter text. He also signals the absence of the chrismon. According to him, the oblongated invocatio is the work of an inexperienced notary in the chancellery or of a scriptor outside. Also, the shaky writing of the invocatio indicates a scribe unfamiliar with this type of writing and which cannot be paleographically linked to the scriptores of the German kings and emperors. He dates both writing hands to the late 11th/early 12th century.

Nelis indicates that the closing words "G. filius eius cum multis aliis" cannot have been the original end of the text, given the rasure that follows after and below. His experiment with a chemical preparation revealed another (illegible) line of text at the level of the rasure. He assumes that the raced words were part of the chancellor's obscured signature and has no doubt that it must have read 'Hermannus, cancellarius vice Wezelonis, archicancellarii, recognovi'. For the transcription of 'Hermannus' he relies on the edition of De Borman, 'Notice', 14-15, who edited another charter from 1087, concerning Echt, after a cartulary of St. Servatius preserved in Paris (Bibliothèque Nationale, Fonds Latin, Manuscrits no. 9307/2). However, according to that cartulary, the spelling is "Herimannus," as is common in the original charters of Henry IV (see Gladiss, Die Urkunden Heinrichs IV., VI-2).

Regarding the seal, he identifies a shapeless remnant that has been awkwardly restored and does not match that of Emperor Henry IV in size. In his opinion, it should have been twice the size and covered part of the word 'imperatoris' in the signum line. Consequently, he concludes that the seal must have been affixed with certainty after the writing of this line.

Gysseling and Koch, Diplomata Belgica I, 384-385, also question the authenticity of the present charter, but do not substantiate their doubts. They qualify it as a possible simultaneous forgery.

Gladiss, Die Urkunden Heinrichs IV., VI-2, 522, considers the charter to be a falsum on the basis of the script and dates its production to the beginning of the twelfth century. He points to the folds of the parchment which were already present before the scriptio and around which writing was done, as well as to the lighter ink with which the signum line and the monogram were applied. However, without further argumentation, he does not agree with Nelis that we would be dealing here with a blanket that was provided with a real seal and a signum rule, applied by the chancellery. This possibility is also rejected on substantive grounds by Deeters, Servatius Stift, 41-42. Regarding the seal, Gladiss observes "das Siegel ist roh gearbeitet und unecht," an observation also adopted by Deeters. The early dating of the falsum by Gysseling and Koch, rejected by Gladiss, is also not echoed by Deeters. Finally, Hübinger, "Libertas imperii," 93, dates the writing of the falsum in the twelfth century.

According to Nelis, o.c., 14-17, the dictation in the present charter differs substantially from those issued by the chancellor's office. This concerns the invocatio, intitulatio, arenga, place of the datatio and the absence of the subscriptio by the chancellor. However, he did find dictate affinity with the charter dated 1087, handed down in copy, in which Henry IV confirms the restitution of the church of Echt to the chapter of St. Servaas (held in Paris, Bibliothèque Nationale, Fonds Latin, Manuscrits no. 9307/2; for an edition, see Gladiss, o.c., 521-522, no. 394).

Gladiss, o.c., 522, also identifies the dictate borrowings by the falsifier mentioned by Nelis. In his edition of Henry IV's charter of 1087 concerning Echt, he states that this Vorlage also contains a number of irregularities, but he sees no reason in it to label that charter a falsum. According to him, the document must have originated without the involvement of the imperial chancery. As for the present charter, he assumes that its creation at best consolidated a situation in which the proosdij of St. Servatius was linked to the office of the German chancellors, the first being Adelbert under Henry V ca. 1109.

Deeters, o.c., 41-42, following Nelis and Gladiss, identifies the dictate relationship with the charter concerning Echt from 1087. He also suggests that, given the rasuren, the parchment of the charter for Echt may have been used for the present charter. However, this can be doubted, since the rasurs do not concern the entire charter text, but only incidental words, apart from the extensive rasurs left on and below the signum line.

Like other authors, Nelis does not doubt the authenticity of the contents. The present charter proclaimed the imperial independence, established the spiritual and secular independence of the chapter and excluded the pretensions of troublesome guardians. According to him, all this should be seen in the light of the ongoing and protracted conflicts from the mid-11th century onward between the chapter and various parties, such as those with a wealthy Cologne citizen, palatine count, duke of Brabant, count of Namur, count of Wassenberg and bishop of Utrecht. The conflict with the count of Wassenberg was only settled by the intervention of Emperor Lothar III in 1128.

The clause about the proosdij argues for substantive authenticity, according to Nelis. The allocation of the proosdij of Saint Servatius to the chancellor of the Roman Empire, and thus not to the chapter of Saint Servatius itself, will not have been initiated from within the chapter. Moreover, this clause cannot be called anachronistic, for the cumulation of the chancellorship with the proosdorship of other chapters was very common from the eleventh century onward. The establishment of independence from any secular power except that of the emperor is explainable, according to Nelis, from the problematic relationship to the Archbishop of Trier at the end of the eleventh century. He sees in the charter of 1087 an echo of the sentiments against Trier as the oldest church of the German Empire, as expressed in the narrative sources. A return to the situation where St. Servaas Church belonged to Trier was to be avoided at all times (regarding the grant and donation to Trier and the entanglements between East and West Franconian kings and the archbishops of Trier, see Hackeng, o.c., 37-38).

Finally, Nelis, o.c., 32, concludes that around 1087 or in the same year the chapter of St. Servaas was favored by Emperor Henry IV for a threefold purpose: the achievement of independence from Trier and proclamation as an imperial chapter, the union of the proosdij of Maastricht with the chancellorship of the Roman Empire, and the protection of the chapter from the encroachments of lay guardians. According to him, the present charter was not issued by the imperial chancellery, but the scriptio was left to the chapter, which received a blanket containing the subscriptio, monogram and seal of Henry IV. Even though the dictation deviates from the usual chancellery regulations, he believes it reflects the intentions of the chancellor and does not contradict the course of events in the early twelfth century. He places the manufacture of the falsum at the end of the eleventh/first quarter of the twelfth century.

Deeters, o.c., 59-60, places a strong emphasis in his argument on the passage about the granting of the proosdij to the chancellor and the associated guardianship exercise, which was actually the case in the first half of the twelfth century. More specifically, this leads him to a fabrication of the falsum under provost Gerard of Are (1154-1160). During this period the association of functions was under pressure, for Gerard of Are was for a long time the first provost who did not acquire the provostship through his connection to the German court chapel or chancellery. In contrast, his successor, Christiaan von Buch, known as provost of the chapter of St. Servaas in 1164-1165, did combine both functions again since 1162. In our opinion, however, it is highly doubtful whether this temporary interruption in the performance of duties at the Chapter of Saint Servaas would have led to the need for an imperial charter. Incidentally, we find the oldest mention of the chapter of Saint Servaas as an imperial chapter already in a charter of Emperor Lothar III from 1132 (see the edition in Ottenthal and Hirsch, Die Urkunden Lothars III. und der Kaiserin Richenza, 66-68, no. 41), which adduces a proclamation as an imperial chapter before 1154-1160. His suggested date of origin of the falsum in the second half of the twelfth century must, in our opinion, be rejected.

Nor can we endorse the view of Linssen, Historical essays, 130ff, with regard to the date of origin of the falsum. Completely ignoring Nelis' argument, he marvels at the fact that the charter, if produced in the early twelfth century, as Gladiss supposes, is not mentioned until 1232. There have been several occasions, according to him, when the charter was used as evidence. By this he refers to the unequivocal proof of empire immunity and immunity rights, which are stipulated in the charter of 1087. Based on the content, he dates the fabrication only to the first decades of the thirteenth century. According to him, the charter opposes lordship, which did not happen in the eleventh century, but only in 1204. Then King Philip of Swabia invested the Duke of Brabant with Maastricht, St. Servaas Church and everything that belonged to it. He also points to the moment in 1214 when, after an eventful period, the Duke of Brabant reacquired and inherited Maastricht in fief. In our opinion, however, this cannot have played a role in the chapter, since it did not include St. Servaas Church (see Hackeng, o.c., 86). According to Linssen, the formulation in which all royal rights depend on the pope and the Holy See fits the short period following the peace of San Germano and Ceprano, concluded on June 23, 1230. As an explanation for the fact that the 1087 falsum is patently not written by a thirteenth-century scribal hand, he invokes a much later "antiquation. This does not seem plausible to us on paleographical grounds. Following Linssen's argument, Hackeng, o.c., 311, regards the present charter as a falsum from the mid-twelfth/first quarter of the thirteenth century.

Several authors have rightly expressed reservations about a number of external features of the present charter, but there is no evidence against a substantive dating in 1087. Problematic remain, even in the event of a destinatarisation, the attachment of the seal on the far right of the parchment, the location of the signum line and the bracketed line next to and below the last words of the charter text. The location of the seal remains curious, but Nelis' firm belief that the remainder does not match the format of the seal of Emperor Henry IV cannot be endorsed. First of all, according to Venner, "Seals," no. 41, around 1972, it has already been observed that the fragments of the seal were incorrectly assembled in the past. Incidentally, the poor condition of the seal was already observed in the seventeenth century, as evidenced by a certified copy dated May 28, 1668: 'et erat subimpressum sigillum ex parte confractum pre vetustate' (see Maastricht, HCL, access no. 14.B002A, archives chapter of St. Servatius at Maastricht, 1062-1797, inv. no. 12, fol. 34). It can also be argued that an 8 cm diameter space was provided on the parchment for the purpose of the seal. The size of the round seal of Henry IV to a charter of 1062 is 6.8 cm in diameter without edge (Karlsruhe, Generallandesarchiv, Signatur A 97). So there was plenty of room for the king's seal. The round imperial seal to a charter from 1102 has a diameter without edge of 9 cm (Ibidem, Signatur A 116). As a result, the seal would cover a small portion of the charter text. With this minimal difference, it must be taken into account that several charters are also known where part of the charter text is under the printed seal. For example, in a charter of Otbert, bishop of Liege, dated 1096 (Maastricht, HCL, access no. 14.B001, archives Chapter of Our Lady at Maastricht, 1096-1796, inv. no. 640), of Frederick II, archbishop of Cologne, dated [1157 December 25 -] 1158 [December 15] (Ibidem, access no. 14.D004, archives Kloosterrade Abbey, inv. no. 802.2), from the magistra of St. Mauritius Church at Cologne from 1158 (Ibidem, access no. 14.B001, archives Chapter of Our Lady at Maastricht, 1096-1796, inv. no. 633) and from the abbess of Thorn dated (1171 December 25 -) 1172 (September 23) (Ibidem, access no. 01.187A, archives Free Kingdom of Thorn, inv. no. 6). So it cannot be excluded that the present charter was sealed with the imperial seal of Henry IV after all.

A well-supported explanation for the shaded text remains difficult because Nelis' findings are no longer verifiable. Examination of the parchment with a quartz lamp revealed no trace of the shaded text. Whether this is where the recognitio stood therefore remains uncertain. If it did, the rasure could point in the direction of a recognitio that was later removed by necessity, for example because the chancellor's name did not (no longer) correspond to the official at the time of validation of the charter. It seems very likely that the text was erased at an early stage after the scriptio, since it is not included in the charter of Frederick II dated December 1232 (see Collection of St. Servaas Chapter, no. 16), in the vidimus by the Maastricht Chapter of Our Lady from the second quarter of the thirteenth century (see Collection of St. Servaas Chapter, no. 18) and in none of the copies copied from the original in the cartularia.

Bresslau, Handbuch der Urkundenlehre, 460-462, and Gladiss and Gawlik, Die Urkunden Heinrichs IV., VI-1, XLIII-XLV, indicate that destinataries in this period often had a large share in the issuing of the royal and imperial charters, both in the redactio and scriptio. This involved a variety of hybrid forms, including where the destinataris could mend the context and parts of the protocol, either to a dictation supplied by the destinataris themselves or to a dictation supplied by the chancellor, after which the chancellors merely added the validation formulas of the eschatocol or parts of it. A more far-reaching form is the handing of a blanket by the chancellery to the destinatary with only the validation formulas, where the recipient could then write down the text, which was then checked at the sealing; or one left the scriptio entirely to the destinatary and later added only the seal and the monogram.

Thus, many forms are conceivable in the production of the present charter. A chancellery issue can be excluded with certainty; the writing and dictation can be attributed to the recipient, the Chapter of St. Servaas at Maastricht. If one follows Nelis' reasoning regarding the blanket, whereby the chancellery would have handed the unwritten and folded parchment with the signum line and monogram to the St. Servaas Chapter, the question still arises as to why the signum line would have been written halfway down the parchment, immediately following a rasure. Indeed, in the chancery charters issued by the Roman kings and emperors, the signum line is placed not beside, but below the charter text; also, one never attaches the seal to the right above the signum line (cf. http://www.hgw-online.net/abbildungsverzeichnis/deutschland/salier/heinrich-iv; Gladiss and Gawlik, Die Urkunden Heinrichs IV., VI-1, XCVI-XCVII). Incidentally, the seal is not announced, which is highly unusual.

If we do not follow Nelis's view regarding the blanket, then a scriptio of the charter text by the St. Servaas Chapter comes into view, without the signum rule, but possibly with the recognitio that may have been bracketed later in the chancellery, when sealing and writing the signum rule. It cannot be ruled out that the oblongated invocatio was written by the same hand as that of the charter text, even if a lighter ink was used. The signum line, however, was added by a different hand.

The present charter was issued in 1087, in a turbulent period for the chancellery. On October 4, 1084, a (German) archchancellor is mentioned again for the first time since 1077, namely Wezelo of Mainz (see Gladiss and Gawlik, Die Urkunden Heinrichs IV., VI-1, XLI, and Gladiss, Die Urkunden Heinrichs IV., VI-2, no. 369). This charter was recognized by Chancellor Gebehard. A month later an imperial charter was issued without recognitio (Gladiss, o.c., no. 370), even though Gebehard did not die until June 26, 1089. On June 1, 1085, Heriman appears to have been mentioned as his successor for the first time in two falsa (Gladiss, o.c., nos. 373 and 374). An unsuspected charter dated 1085 November 9 mentions Burchard, chancellor of the Italian chancery (Gladiss, o.c., no. 376), and it is not until December 28, 1085, that we find the first mention of chancellor Heriman in an unsuspected charter (Gladiss, o.c., no. 377). His last recognization dates from April 5, 1089 (Gladiss, o.c., no. 405). Assuming a manufacture of the present charter in 1087, the observation of Gladiss, o.c., 524-525, no. 396, must be observed with an imperial charter of the same year: 'In der Datierung findet sich kein Anhaltspunkt einer Beteiligung der Kanzlei; doch scheint damals überhaupt durch einen Wechsel der Notare deren regelmäßiger Geschaftsgang gestört gewesen zu sein'. A not unimportant element in light of the remarkable external features of the present charter. Specifically, anomalous external features in this period are also evident from Gladiss, o.c., 502-503, no. 377, dated December 28, 1085, where the labarum is before the chrismon and the recognitio is to the right above the imperial subscriptio. This charter was also created outside the chancery.

In light of the above, it is quite conceivable that the chapter of St. Servaas edited and wrote the charter text of the present charter, including the recognitio, after which it was submitted to the imperial chancellery for sealing and recognization. The disruption of the course of events at the chancellery may have meant that it was not effected until after the death of chancellor Heribert, which could explain the cradling of the recognitio and the strange location of the signum rule. That this charter was sealed with a spurious seal of Henry IV, as Gladiss indicates and adduces for him the forgery, we cannot endorse. After all, the seal was already badly damaged in the seventeenth century and, at the time of his research, irrevocably fragmented and incorrectly restored.

Although this charter is characterized by a number of striking external and internal features, a forgery does not seem to be at issue here. The charter is undoubtedly a destinatarisation, which explains a number of peculiarities, and the content is not in dispute. Following Nelis, it seems strongly likely that the chapter of St. Servaas sought to safeguard its special connection with the German kings and emperors, and consequently its unique position in relation to other rulers, by means of a written document. En passant, the then prevailing combination of the chancellorship and provostship of Saint Servatius was also established. With the dictate, the chapter of Saint Servaas based itself on the charter of Henry IV concerning Echt, a destinatarisation issued by the chapter, which has survived only in copy, also in 1087.

Coherence

For the confirmation of the present charter by Emperor Frederick II dated 1232 December and by Roman King Rudolf I dated 1273 November 5, see Collection of St. Servaas Chapter, nos. 16 and 37. For the confirmation dated 1282 April 9 of the charter of Frederick II dated 1232 December, see Collection of St. Servaas Chapter, no. 49. For the vidimus from the second quarter of the thirteenth century by the Chapter of Our Lady at Maastricht, see Collection of St. Servaas Chapter, no. 18.

Text edition

In the present charter, parts of text are taken from the charter of Emperor Henry IV dated 1087 concerning the church of Echt. For the text of this charter, see Gladiss, Die Urkunden Heinrichs IV., VI-2, 521-522, no. 394. Parts of the text taken from this pre-charters are in a smaller font. Modified word order is not indicated.

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St. Gerlach

Number 3

Economic

25 December 1231 - 23 September 1232

Jan Gruszere, with the consent of the Church of Our Lady in Thorn, has sold their fields subject to production charges, located in the Valkenburg manor in Houthem, to the convent of St. Gerlach in Houthem. This has been effected by Rutger, sheriff of Thorn, so that Lady Clementia van Geilenkirchen, nun of St. Gerlach, has received these fields from the hands of the abbess and the sheriff of Thorn. The church of Thorn will receive from the convent St. Gerlach the usual production charge from those fields and from the dead hand - tax at death - not more than double the production charge. If Clementia leaves the convent of St. Gerlach to enter a convent with a stricter rule of life or if she is transferred with fellow sisters to another place to found a new convent, the convent of St. Gerlach will not pay the dead hand to Thorn Abbey at that time but only after the establishment of her death.

It is proclaimed that Jan Gruszere, with the consent of the Church of Our Lady of Thorn, by the hand of Rutger, bailiff of Thorn, has sold excisable fields at Houthem in the seigniory of Valkenburg to the monastery of St. Gerlach (at Houthem) and that damsel Clementia van Geilenkirchen, nun there, has received these from the hands of the abbess and the bailiff of Thorn on the condition that the monastery of St. Gerlach , upon her retirement to found a new monastery, would pay the dead hand to Thorn only after recognition of her death by Thorn.

Original

A. Maastricht, RHCL, access no. 14.D003, archive monastery St. Gerlach at Houthem, inv. no. 39, reg. no. 12.

Notes on reverse: 1° by last quarter ^14th-century hand: G j. - 2° by ^17th-century hand: 1232. - 3°by^18th-centuryhand: Num. 77.

Seal: one hanging confirmed seal, announced, namely: S1 of Hildegonde, abbess of Thorn, of white wax, damaged. For a description and image of S1, see Venner, 'Seals monastery St. Gerlach', 156.

Copies

B. 9 Aug. 1287, Maastricht, RHCL, access no. 01.187A, archives Free Kingdom of Thorn, inv. no. 69, by Willem, provost of St. Gerlach at Houthem, to A. - C. 1735, Maastricht, RHCL, access no. 14.D003, archives monastery St. Gerlach at Houthem, inv. no. 1 (cartulary) = Privelegien ende register der obligatien en andere erffcontracten des adelijcken cloosters van St. Gerlach, pp. 123-124, under the heading: Renuntiatio ecclesie Thorensis de uno et viginti denariis Leodiensibus super agris in Houthem, and in the margin: Num. 77, stating one place of sealing, to A.

Issue

a. Franquinet, Reasoned Inventory of St. Gerlach, IV, 6-7, no. 4, after A (dated 1232).

One-line summaries

Habets, Archives Thorn, 12, no. 12 (dated 1232). - Haas, Inventory of St. Gerlach, 68-69, reg. no. 4 (dated 1232). - Idem, Chronological List, 41, reg. no. 76 (dated 1232).

Date

It has been assumed that the bishops of Liege switched from Christmas style to Easter style around 1230 and that the religious institutions in the diocese followed this only some time later, see Camps, ONB I, XXI. Consequently, the use of the Christmas style has been assumed for the dating of the present charter. The terminus ante quem is determined by the fifth indiction, which by the indictio Bedana takes effect on 24 September 1232].

Thorn

Number 3

Ecclesiastical

<992 juni 1>

Hilzondis, countess of Strijen, on the advice of her husband Ansfried, has a church built on her own property Thorn, where she and her daughter Benedicta will lead the monastic life. She gives to this church her own property in the land of Strijen, which was formerly donated by King Zwentibold, namely the church of Strijen, Geertruidenberg, the villa Gilze with accessories, the villa Baarle with the Remigius Altar founded by her, the castle Sprundelheim on the Merbatta, and a forest as it lies between the two Marches.

Kloosterrade

Number 3

Economic

[2 August 1126 - spring 1127]

Frederick I, Archbishop of Cologne, donates to Kloosterrade Abbey the tithes of its vineyard-planted clearings at Ahrweiler.

St. Servaas Chapter

Number 3

1109

Roman King Henry V renews and confirms, through the intervention of Adelbert, his chancellor and provost of St. Servaas Church in Maastricht, and at the request of the canons, the rules of law previously put in writing as well as the exchange of two hooves at Maastricht, made c. 1076 by his father, Emperor Henry IV.

Original

A. Maastricht, HCL, access no. 14.B002A, archives chapter of St. Servaas at Maastricht, 1062-1797, inv. no. 43. Damaged with loss of text.

Seal: one imprinted seal, announced, namely: S1 of Roman King Henry V, of white wax, damaged. For a description and illustration of S1, see Venner, "Seals," no. 42.

Copies

[B]. 1218 June 10, not available, but known from C, vidimus by Otto of Everstein, provost of the chapter of St. Servaas at Maastricht, after A. - C. 1268 September 22, Maastricht, HCL, access no. 14.B002A, archives chapter of St. Servaas at Maastricht, 1062-1797, inv. no. 48, vidimus by Roman King Richard of Cornwall, after A. - D. late ^13th century, Ibidem, idem, inv. no. 10 (cartularium) = [Liber privilegiorum], fol. 13v-14r (= new fol. 30v-31r), no. 25, after A. - E. ^15th century, Ibidem, access no. 14.B001, archives chapter of Our Lady of Maastricht, 1096-1796, inv. no. 31 (cartularium), fol. 181r-182r, under the heading: Item tenores omnium et singulorum exhiborum sequuntur per ordinem in hunc modum et sunt tales, and under caput: Item tenores litterarum imperialium felicis recordationis domini Heynrici, Romanorum regis quinti, sigillo quondam confundo et leso in quo ymago imperatoris in dextera ceptrum regale, in sinistra vero pommum imperiale cum cruce superposita gestantur, sana et integra habebantur in margine inferiori ipsarum litterarum affixo sigillatarum et bullatarum atque signo quodam quadrato lineationibus et pluribus caracteribus composito dulsis etiam subtus caracteribus expressis signatarum sequuntur et sunt tales, after A. - F. 1640, Ibidem, access no. 14.B002A, archives chapter of Saint Servatius at Maastricht, 1062-1797, inv. no. 1741 (cartularium) = Liber sive regestum originis ecclesie Sancti Seruatii Traiec[tensis] illiusque privilegiorum, donationum ac iurium ex originalibus et libro chartarum manu Ioannis Choris, receptoris capituli, descriptorum, p. 14-16, under the heading: 10, Privilegium Henrici imperatoris pro immunitate officiatorum, to A. - G. before 1768, Ibidem, access no. 22.001A, Manuscript Collection (former) Maastricht Municipal Archives, ^14th-20th century, inv. no. 199a (cartulary) = Diplomata Trajectensia de anno 800 ad 1399, p. 109-111, under the heading: Diploma Henrici quinti, Romanorum regis, quo declarat prepositam, decanum et capitulum omnes habere iurisdictiones, seclusis omnibus presentibus iudicibus, tam in eorum domibus claustris viis quam in templo et atriis, et quo modo hi eorum iurisdictiones exercere debeant, datum indictione secunda anni 1108 (corrected from 1109), certified copy by G.J. Lenarts, city clerk of Maastricht, to A. - H. before 1768, Ibidem, idem, pp. 245-247, under the heading: Otto, prepositus Aquensis, declarat se vidisse integras et non cancellatas litteras Henrici quarti, Romanorum regis, quibus dat ministris ecclesie Sancti Servatii exemptionem et immunitatem, videlicet coco, pistori, bracedario et campanariis, in octavis Pentecostes 1218, to [B].

Expenses

a. Böhmer, Acta imperii selecta, 69-71, no. 75 (see also there for older editions), after A. - b. Waitz, Urkunden zur Deutschen Verfassungsgeschichte, 18-25, no. 8, after a.- c. Van de Kieft, 'Recueil', 427-429, no. 17 (incomplete), to A. - d. Thiel, Die Urkunden Heinrichs V. und der Königin Mathilde, no. 283, to b. - e. Hackeng, The Medieval Land Property, 310-311, no. 96b (incomplete), to d.

One-line summaries

See issue a, as well as DiBe ID 6930.

Localisation

Regarding the localization of the two hooves at Maastricht, see Hackeng, The Medieval Land Property, 210-211, as well as 719, map 31.

Authenticity and genesis

Böhmer, Acta imperii selecta, 70-71, disqualifies the present charter on the basis of a number of external features, without explicitly calling the document a falsum. According to him, what is striking is that the text is written around the folds running from top to bottom, as in the charters of St. Servaas dated September 21, 1062 and dated 1087 (see Collection of St. Servaas, nos. 1 and 2). He also points out the blank space after "Dates" and "Actum," after which the date and place name are missing, and the missing "Amen.

Niermeyer, Investigations, 172-179, following Böhmer, calls this charter a sham original. Among other things, he points out the unusual format of the parchment which is about one and a half times as wide as it is high, the strange position of the signum and recognum lines in relation to each other, the recessing of the last three lines of the context for the sake of the seal which is affixed to the far right corner, and the disproportionately left open space after "Datum" and "Actum," where the corresponding data are missing.

Niermeyer, o.c., 200 and 223, states that the present charter was written by the person who also produced what he considers the forged charter of 1062. Paleographic research, however, has shown that there is no similarity (see also No. 1 above). He also argues that this writing hand also minted the two papal falsa for the Archdiocese of Hamburg from 885 and 912/913 (for an edition, see Curschmann, Die älteren Papsturkunden, 29-30, no. 8 and 36-37, no. 13; specifically regarding the writing group to which these falsa belong, see Curschmann, o.c, 124-126) and that this writing hand possesses some features dating back to a charter written by Hand L by the Bishop of Liege (for Hand L, see Niermeyer, o.c., 188). However, Niermeyer's identification is to be treated with caution, as is also evident from his observations regarding the 1151 bishop's charter written by Hand O for Kloosterrade (see Polak and Dijkhof, Oorkondenboek Kloosterrade, 61). Well warranted is his observation of the remarkable markup features with text written around folds running from top to bottom in both the present charter of 1109 and in the two papal falsa for Hamburg.

Based on paleographic research on the basis of an image of these papal charters, it can be provisionally concluded that the scriptor of the present charter is most likely the same as that of the two papal falsa. However, further research at Hanover for the purpose of hand identification through measurements of slope angles, writing angles, etc. is desirable.

Regarding the seal, Niermeyer, citing Posse, Siegel Kaiser 1, Table 19, 1, that this does not correspond to the real king's seal of Henry V. Indeed, the seal to the present charter has on the throne on either side the roll-round ends of a cushion, possibly ending in two animal heads. However, these elements, which do appear on the two imperial seals of Henry V, are absent from the real king's seal. On the basis of this anomalous seal image, Niermeyer concludes that the seal to the present charter is spurious and presumably imitated an imperial seal of Henry V. His findings are no longer verifiable due to the current fragmentary state of the seal.

Regarding the dictate, Niermeyer, o.c., 180-181, signals the following: 1. a strong dictate relationship to a charter of Henry V for Liege dated December 23, 1107 (= Stumpf-Brentano, no. 3021; for an edition, see Waitz, Urkunden zur Deutschen Verfassungsgeschichte, 18-25, no. 7); 2. the derivation of the passage on the intervention of the provost of the chapter of St. Servaas from a transcript of a charter from c. 1109 of Henry V for the chapter of St. Servaas (= Stumpf-Brentano, no. 3215; for an edition, see Thiel, Die Urkunden Heinrichs V. und der Königin Mathilde, no. 41); 3. a different corroboratio and the missing witness list in comparison with the charter of Henry V d. 23 December 1107, but agreement in the corroboratio with the wording that was common in the chancery of Henry IV, more specifically in a charter of Henry IV for the diocese of Halberstadt d.d. 1063 August 20 (= Stumpf-Brentano, no. 2628; for an edition, see Böhmer, Acta imperii selecta, 59, no. 61) and what he considered to be a forged charter dated 1062 (see Collection of St. Servatius, no. 1).

The charter dated December 23, 1107, was undoubtedly used as a prefatory document for the redactio of the present charter. The borrowing of the passage about the provost's intervention, however, is not specific to the charter of c. 1109, but also already occurs in a charter of Henry V dated 1106 February 14 (for an edition, see Böhmer, Acta imperii selecta, 67-68, no. 72), where the word choice 'interventu' is even more closely related than in the 1107 charter with 'peticione'. The corroboratio refers back to the exchange of the two hooves mentioned in the dispositio, made c. 1076 by Henry IV. This corroboratio indeed differs from that in the charters of Henry V and shows strong similarity with the wording in the charters of Henry IV, especially the charter of 1062.

Niermeyer concludes that the 1109 falsum "shows itself immediately dependent" on the 1107 charter for Liege, which was expanded and modified. Here the charter dated December 23, 1107, which has survived only through transcripts in an interpolated version (especially in articles 3 and 5), served as the basis for the present 1109 charter, see Niermeyer, o.c., 162-165. In his final conclusion, he posits the thesis that the 1109 falsum belongs to a group of Maastricht falsa that originated after 1146 and presumably around 1160.

Van de Kieft, Elenchus, 427-429, adopts Niermeyer's view with regard to the present charter. According to Hausmann, Reichskanzlei, 17, note 4, the 1109 charter is a falsum from the later twelfth century. According to him, the document was also not edited and/or written by any of the notarii of Henry V (indeed, it is missing from the list of Hausman, o.c., 64-67, with the notarii who, under Adelbert of Saarbrücken, chancellor of Roman King Henry V, were responsible for the writing, dictation or both).

Deeters, Servatiusstift, 56 and 61-62, dates the origin of the present charter to the early twelfth century and follows Niermeyer regarding the dictate loans to the above-mentioned charter for Liege dated December 23, 1107. In his view, there are no substantive clues in the 1109 charter from which to date the forgery. Although he considers the charter to be a formal forgery, in his opinion the content corresponds to an existing legal situation.

Hackeng, The Medieval Land Property, 310, records the present charter as a falsum with reference to Niermeyer, Van de Kieft and Böhmer. Citing Deeters, he dates its creation to the twelfth century, no later than 1204.

In our opinion, the present charter was not edited and/or written in the chancellery of Henry V, but is a destinatarisation by the Chapter of Saint Servaas in Maastricht on the basis of the charter of the Roman King Henry V dated December 23, 1107 for the canons in Liege. The different corroboratio compared to the Vorlage in the present charter, which, on the contrary, shows remarkable similarity to that in the destinatarisoorkonde of the Chapter of Saint Servaas from 1062, also points to an origin environment within the chapter. A number of external features in the present charter are peculiar, but not decisive to label this charter a falsum. The unusual position of the signum line, halfway down the parchment, can possibly be attributed to the destinataris. Also in the charter of Henry IV dated 1087 (see Saint Servatius Collection, no. 2), which is also a destinataris issue, the signum line is halfway up the writing line. That the seal would have been forged, as Niermeyer supposes, cannot be verified because of its poor material condition. The closing line in the datatio of the present charter, "Data, actum feliciter in nomine Domini," is exactly the same as the closing line in the 1107 prefatory charter, except that after "Data" and "actum" space has been left open for adding the exact date and place of issue. Apparently, this was inexplicably overlooked when recognizing, signing and sealing. No objections have been raised or can be raised to the contents of the present charter. Moreover, the very specifically dated exchange of two hooves by Henry IV seems very plausible. It is possible that this exchange was not promulgated by Henry IV and that the Chapter of Saint Servaas took advantage of the confirmation of the rules of law by his successor, Roman King Henry V, to record this exchange in writing.

Coherence and text edition

In the present charter, parts of text are taken from the charter of Roman King Henry V for Liege dated December 23, 1107. For the text of this charter, see Waitz, Urkunden zur Deutschen Verfassungsgeschichte, 18-25, no. 7. Parts of the text taken from this pre-charters are in a smaller font. Changed word order is not indicated. The passage under paragraph 4 is reproduced in the confirmation charter of Emperor Frederick II, dated 1215 July 28, see Collection of St. Servaas Chapter, no. 10. For the vidimus of Roman King Richard of Cornwall dated 1268 September 22, see Collection of St. Servaas Chapter, no. 28. The gaps in A have been completed to C.

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St. Gerlach

Number 4

Ecclesiastical

1233 January 10

Pope Gregory IX takes into protection the Our Lady Monastery of St. Gerlach at Houthem and the nuns residing here and confirms the monastery in all its present and future possessions.

Thorn

Number 4

Economic

1007 June 4

Roman King Hendrik II grants the market and toll right as well as the jurisdiction at Thorn to the abbey of Thorn. He also ratifies the granting by Bishop Notger of the churches of Bree, Hemert and Avezaath to the abbey.

Kloosterrade

Number 4

Ecclesiastical

1140 August 28

Adelbero II, bishop of Liege, certifies that Rudolf de Turri, servant of Count Adolf of Saffenberg, with the consent of his wife Waldrade and his sons Paganus, Gevehard and Herman, through his lord, guardian of Kloosterrade Abbey, donates to the abbey his property at Hubach, on which a women's convent (Marienthal) was built, and settles the relationship between the abbey and the daughter convent.

St. Servaas Chapter

Number 4

1126

Roman king Lothar III confirms the exchange by the brothers of the chapter of St. Servaas at Maastricht of their allodium at Monsheim for the church of Güls with the abbey of Hersfeld.

Original

[A]. not available.

Copies

B. late ^12th/first quarter ^13th century, Maastricht, HCL, access no. 14.B002A, archives chapter of Saint Servatius at Maastricht, 1062-1797, inv. no. 336, after [A]. - C. late 13th^century, Ibidem, idem, inv. no. 10 (cartularium) = [Liber privilegiorum], fol. 6r-6v (= new fol. 23r-23v), no. 10, to [A]. - D. 1640, Ibidem, idem, inv. no. 1741 (cartularium) = Liber sive regestum originis ecclesie Sancti Seruatii Traiec[tensis] illiusque privilegiorum, donationum ac iurium ex originalibus et libro chartarum manu Ioannis Choris, receptoris capituli, descriptorum, p. 17, under the heading: 12, Confirmat Lotharius est permutationem factam cum bonis de Gielsa, to [A].

Expenses

a. Ottenthal and Hirsch, Die Urkunden Lothars III. und der Kaiserin Richenza, 10-11, no. 9, to B. - b. Hackeng, The Medieval Land Property, 287, no. 57b (incomplete), to B. - c. DiBe ID 5422, to a.

One-line summaries

See DiBe ID 5422.

Date

According to Nuyens, Inventaris Sint-Servaas, 90, no. 336, copy B dates from the thirteenth century, while Ottenthal and Hirsch assume a scriptio in the second half of the twelfth century. On the basis of its paleographical affinity with an undated charter of the abbot of Kloosterrade, by Polak and Dijkhof, Oorkondenboek Kloosterrade, 114-116, no. 52, dated between 1201 and 1211, and with a charter of the dean and chapter of Our Lady at Maastricht d.dated March 26, 1225 (see Maastricht, HCL, access number 14.B001, archives Chapter of Our Lady at Maastricht, 1096-1796, inv. no. 1011) we date this copy to the end of the twelfth/first quarter of the thirteenth century.

Origins and text edition

According to Ottenthal and Hirsch, the text of the present charter was not edited in the royal chancery. The text was edited based on B, with the variants of C in the notes.

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St. Gerlach

Number 5

Economic

1236 September 2

Hendrik, administrator of the monasteries of St. Mary at Heinsberg and St. Gerlach at Houthem, declares that Mathilde, magistra of St. Gerlach, has earmarked an annual interest of four shillings, derived from previous donations from two houses at Aachen, and rye at Daniken for the infirmary of St. Gerlach. He lists the livestock and approves this grant from Mathilde to the infirmary.

Thorn

Number 5

Economic

1102

Anselm, freeman, in the presence of several witnesses, voluntarily transfers his daughter Mechteld and land of her own property at Oe to the altar of Our Lady in Thorn. Mechteld will receive the revenues of this land as long as she lives. Whoever violates this voluntary transfer is threatened with excommunication.

Freeman Anselm transfers his daughter Mechteld as well as allodial land at Oe to the altar of Our Lady in Thorn by the hand of Gerard, count of Gelre, on the condition that Mechteld will enjoy the income from this for life.

Original

A. Maastricht, HCL, access no. 01.187A, archives Fiefdom of Thorn, inv. no. 5. Slightly damaged.

Annotation on reverse: 1o^by^13th-century hand: De censu capitali 1102. - 2o^by^16th-century hand: De tribus bonariis terre sitis in loco de O. - 3o^by^17th-century hand: crossed out letter and C.

Seal: one inserted seal, not announced, namely: S1 of an unidentified person or institution, of white wax, damaged. For the problematic identification and depiction of S1, see Venner, "Seals Thorn," 16-19.

Expenses

a. Franquinet,Revised Inventory Thorn, 10-11, no. 5, after A. - b. Habets, Archives Thorn, 8, no. 5, after a.

One-line summary

Haas, Chronological List, 21, no. 8.

Authenticity and genesis

The authenticity of the present charter has been questioned by Venner and Kersken. Venner, "Seals Thorn," 16-19, could not assign the unannounced seal to an institution or person. Based on its depiction in the form of a throne seal and its oval shape, he questions its authenticity. He raises the possibility that the charter was not originally sealed and that a false seal was applied in the last decades of the twelfth century. Although this suggests that the charter is genuine, he questions it. However, apart from his reference to text abrogations to papal charters as well as the remarkable role of the Count of Gelre in the transfer, he states that the investigation of the authenticity falles outside his brief.

On the basis of the present charter, Schiffer 64 concludes that the count of Gelre possessed the guardianship of Thorn as early as 1002, although Venner notes that the first concrete mention as Thorn's guardian dates only to 1244. On this guardianship issue, Kersken, Zwischen Glaube, 180, further points out that the count's acting as an intermediary does not imply a direct functional relationship to the abbey of Thorn. He also doubts the qualification of witness Geldolf as a subguardian of the Bishop of Liege, as suspected by Linssen, Contribution 8. The first undisputed reports about a Thorn guardianship date from 1230/1231 when the abbey issues two charters, one to the Duke of Limburg about the guardianship of Ubach and one to their guardian, the Duke of Brabant (Kersken, 182-183).

Kersken concurs with Venner's argument regarding the authenticity of the seal and the resulting doubt about the authenticity of the charter. Although he has not conducted a comprehensive paleographic-diplomatic investigation, Kersken brings forward a number of findings that reinforce his doubts. He points to the writing in an "ungelenker diplomatischer Minuskel" and the oblongated invocatio in "ungelenker littera elongata" that would not be consistent with the modest occasion for the issuance of this charter. Based on comparative research into ductus, script, abbreviations and ligatures used, he comes to the tentative conclusion that the charter could have been written by a presumably untrained twelfth-century hand.

According to him, striking internal features are the two-part sanctioformula, conceived after the papal example, which one does not expect in a "Privaturkunde" (=here a charter issued by a private person on behalf of an abbey). The witness list also leads him to various question marks. Family relationships can only be established with the noble lords of Horn and Kessenich, but this is the oldest mention of these families in charters that lie decades before the next one (in 1138 and 1155 respectively). Moreover, he considers the early use of place names implausible in the light of their political significance. Based on these objections, Kersken says that he cannot further substantiate the suspicions against the present 1102 charter in the absence of other charters. Still, he leans toward the conclusion that this charter was created as a forgery only later and provided with a forged seal. He hints at the possibility of a connection with an undated Thorn charter (see Thorn Collection, no. 7), which Habets, according to him, classified as late twelfth century on paleographical grounds. However, Habets did not argue this dating in his edition or concretely date the charter to the end of the twelfth century. His edition is based on Franquinet, who dates this charter "XII century". Based on paleographic research, we have dated this charter in the late twelfth/early thirteenth century (see Thorn Collection, no. 7).

In summary, the objections and conjectures of Venner and Kersken concerning both external and internal characteristics have not led to an unequivocal declaration of the fall of the present charter. We may be dealing with a genuine charter written in 1102, to which at a later date the seal of a hitherto unidentified signer was affixed, as Venner suggested. This not an illogical thought when one considers that the seal announcement is missing from the text. There could also be a material forgery: in this case, the legal act that took place in the early twelfth century would have been put in writing only later. This implies that the content of the charter is genuine, but the form is false. Alternatively, the abbey of Thorn may have produced a falsum, a charter that is false in both content and form.

With regard to writing, the following can be noted. There is indeed an unstable writing hand. Tthis is especially noticeable with the sticks of the r and f going below the writing line; with the letter p: sometimes there is a serif at the bottom of the stick right side up, sometimes there is not. Moreover, there are a number of disturbing spelling errors in the charter text: viginis instead of virginis, Gehardus instead of Gerhardus and Heinco instead of Heinrico. Noteworthy is the use of decoration in the form of a single loop at the upper shafts of the letters b, d, f, h, l and s, as well as a loop as an abbreviation sign, evoking reminiscences of the lattice/loop structure in the charters of the Principality of Liege.

According to Stiennon, L'écriture diplomatique, 59, 62-63, 75, the type of writing ornamented with loops, which was not limited to the diocese of Liege, was borrowed from the German imperial charters. In Liege charters, the loops are still embryonic in the 1660s and the development to an exuberant form is initiated in the last quarter of the 11th century. In the Meuse-Rhine area there is a stabilization into a modest form in the twelfth century. It is remarkable that Stiennon did not include the charters of Thorn in his study, even though he examined other (Dutch-)Limburg archives.

Ecclesiastical institutions in the Meuse region were familiar with charters with loop structures early on: Thorn received such a king's charter in 1007, the chapters of Our Lady and St. Servaas in Maastricht possess king's and bishop's charters from the 11th century, and Kloosterrade Abbey has a charter from the Archbishop of Cologne from 1126-1127.

Research into a writing tradition within the abbey of Thorn in the eleventh and twelfth centuries is made virtually impossible by the lack of original documents from that period. We possess only one king's charter from 950, which was forged in the tenth century (see Thorn Collection, no. 1), one severely damaged king's charter from 985 (see Thorn Collection, no. 2), one king's charter from 1007 (see Thorn Collection, no. 4), one charter from the abbess of Thorn from 1172 (see Thorn Collection, no. 6) and one undated charter from Reinwidis of Ubach (see Thorn Collection, no. 7). The subsequent original dates only to shortly before 13 July 1234 (see Thorn Collection, no. 8).

With only a single charter in the chartarium, issued by the abbess of Thorn, no statements can be made about the specific characteristics and evolution of writing within the Thorn charters. Still, this very charter from 1172 contains the characteristics of the typical carolina writing with the loop structure and the us abbreviation in the form of a corkscrew. If we compare it with the present Thorn charter dated 1102, the following is striking: the decorations are sober, the relatively long upper shafts and tails characteristic of 1172 are missing, the ends of the letters p and q bend to the right, which is more a characteristic of book writing. This script is related to charters from 1178 (Neufmoustier Abbey, Stiennon, L'écriture diplomatique, 94) and a charter from 1121-1128 (Chapter of St. Paul at Liege, Stiennon, L'écriture diplomatique, figure 161) which, however, according to Stiennon, cannot be placed before the mid-twelfth century because of its strongly Gothic character.

The large lower margin in the present charter, with the seal on the right side of the parchment, is typical of German royal and imperial charters. The Abbey of Thorn possesses a charter of Roman King Hendrik II from 1007 (see no. 4 above) with this layout and an imprinted seal on the right side. This layout was common until at least the mid-twelfth century, with a notch on the right side of the parchment for the seal to be affixed, as evidenced by a charter of the bishop of Liege dated 28 August 1140 for the Kloosterrade abbey (see Maastricht, HCL, access no. 14.D004, Kloosterrade abbey archives, inv. no. 676). The abbess of Thorn herself also issues a charter with this format in 1172.

Regarding the seal, Venner noted that an oval throne seal is remarkable for 1102. He noticed an exceptionally early oval throne seal from 1090 by the bishop of Noyon-Doornik, but the archbishops of Cologne and Trier introduced the throne seal only in 1105 and 1115, respectively, the bishops of Liege first in 1123. It may be added that in the diocese of Liege oval throne seals were attested in the abbots of Sint-Truiden, for example, only from 1158 and 1164 onwards (see Brussels, ARA, Collection of Seal Casts, nos. 963 and 958). An oval throne seal in a charter by a private citizen for the abbey of Thorn in 1102 therefore appears to be a very early specimen.

As for the internal features, the general dictation structure (invocatio/notificatio, dispositio, sanctio, corroboratio and datatio) and the dictation formulas match those of twelfth-century charters. However, two further remarks can be made here. First, the striking sanctio in a charter issued by a private individual, which Venner indicated would have been borrowed from papal charters. Regarding this sanctio, it is noteworthy that similar sanctiones circulated abundantly at the end of the eleventh/twelfth centuries in the charters of the bishops of Liege for the benefit of clerical institutions of Limburg or in charters involving them. We have found the sanctio formula from the 1102 charter in e.g. two charters of Otbert, bishop of Liege, destined for the Chapter of Our Lady at Maastricht and for the Chapter of Our Lady at Dinant in 1096 (see DiBe ID 88 and DiBe ID 2594) and in charters of Hendrik, bishop of Liege, for the benefit of the abbeys of Heylissem, Flône, Heylissem and concerning the church of Saint Amor at Maastricht, in 1147, 1154, 1154 and 1157, respectively (see Camps, ONB I, no. 50, and Polak and Dijkhof, Oorkondenboek Kloosterrade, nos. 23, 24 and 28). In charters promulgated by the abbots of Sint-Truiden such sanction formulas are used only from the middle of the twelfth century onwards (see Van Synghel, DONB, no. 1148.09.23(after 1147.12.24), 1167.09.23(after 1166.12.24), 1175.12.24(after 1174.12.24) and 1186.12.24(after 1185.12.24)). As far as tradition allows us to note, Thorn did not receive any episcopal charters from Liege in the eleventh and twelfth centuries. It is notable, however, that the undated charter of Reinwidis (see Thorn Collection, no. 7, on paleographical grounds now dated late ^12th/early^13th century) contains the same anathema-sanctio.

A second remark concerns the datatio: here both the reign year of Emperor Hendrik and the episcopate year of Otbert are missing, but this is not exceptional.

The fact that the present charter from 1102 is the oldest mention of the noble lords of Horn and Kessenich, decades before the next, is not an argument to declare this charter false.

Previous reflections lead to the following conclusion: the 1102 charter of freeman Anselm for the abbey of Thorn can be considered the product of an inexperienced writing hand using an embryonic form of the loop structure. This loop structure appears years later, at least in 1172, in a nicely balanced version in a charter from the abbess of Thorn. The examination of the external and internal features did not reveal any hard arguments that could support Venner's and Kersken's suspicions regarding spuriousness. Precisely the embryonic character and the unpracticed writing hand point rather in the direction of an early inscription in the early twelfth century. However, the problem of the seal remains. It seems not inconceivable that the seal, whose signer has so far not been identified, was later attached to this charter. However, this is no reason to label the present charter as a forgery.

Kloosterrade

Number 5

Ecclesiastical

1140 August 28

Arnold I, archbishop of Cologne, certifies that Rudolf de Turri, servant of Count Adolf of Saffenberg, with the consent of his wife Waldrade and his sons Paganus, Gevehard and Herman, through his lord, guardian of Kloosterrade Abbey, has donated his property at Hubach, on which a women's convent (Marienthal) was built, to the abbey, and settles the relationship between the abbey and the daughter convent.

St. Servaas Chapter

Number 5

1139 June 22

Roman King Charles III donates the Maas Bridge at Maastricht to the Maastricht Chapter of St. Servaas.

Original

A. Maastricht, HCL, access no. 14.B002A, archives chapter of St. Servaas at Maastricht, 1062-1797, inv. no. 435.

Seal: one imprinted seal, which is announced, namely: S1 of Roman King Cunraad III, of white wax, damaged. For a description and illustration of S1, see Venner, "Seals," no. 43.

Copies

B. 25 March 1282, Maastricht, HCL, access no. 14.B002A, archives chapter of St. Servatius at Maastricht, 1062-1797, inv. no. 438, insertion in a charter of Roman King Rudolf I, after A. - C. late ^13th century, Ibidem, idem, inv. no. 10 (cartularium) = [Liber privilegiorum], fol. 8v-9v (= new fol. 25v-26v), no. 15, to A. - D. late ^13th century, Ibidem, idem, inv. no. 10 (cartularium) = [Liber privilegiorum], fol. 21r-22r (= new fol. 38r-39r), no. 43, to B. - E. ^14th century, Ibidem, access no. 14.B002H, archives Brotherhood of the Chaplains of Saint Servatius at Maastricht, 1139-1797, inv. no. 6, copy to A. - F. 1640, Ibidem, idem, inv. no. 1741 (cartularium) = Liber sive regestum originis ecclesie Sancti Seruatii Traiec[tensis] illiusque privilegiorum, donationum ac iurium ex originalibus et libro chartarum manu Ioannis Choris, receptoris capituli, descriptorum, p. 20-21, under the heading: 15, Donatio pontis Mose Conrardi secundi, after A. - [G]. not available, but known from H, cartulary of the St. Servaas Chapter at Maastricht = Liber A, fol. 2v. - H. before 1768, Ibidem, access no. 22.001A, Manuscript Collection (former) Maastricht Municipal Archives, ^14th-20th century, inv. no. 199a (cartulary) = Diplomata Trajectensia de anno 800 ad 1399, p. 147-148, under the heading: Conrardus, Romanorum rex, concedit canonicis Sancti Servatii omnia iura et emolumenta in pontem supra Mosam quam nostri iuris indubitanter esse constat, ^10ma calendas julii, anno 1139, certified copy by G.J. Lenarts, city clerk of Maastricht, after A.

Expenses

a. Hausmann, Die Urkunden Konrads III. und seines Sohnes Heinrich, 49-50, no. 31, after A. - b. Hackeng, The Medieval Land Property, 291, no. 64 (incomplete), after A. - c. DiBe ID 6101, after a.

One-line summaries

See DiBe ID 6101.

Origin and coherence

According to Hausmann, Die Urkunden Konrads III. und seines Sohnes Heinrich, 49, this charter was modelled on a papal charter edited by Arnoud, chancellor of Roman King Cuncil III, and minuted by Arnoud A, one of the notarii working in the chancellery.

This donation was confirmed by Pope Innocent II dated 1139 December 18, see Collection of St. Servaas Chapter, no. 6. On September 17, 1274, Roman King Rudolf I issued a charter concerning the maintenance of the Meuse Bridge, see Collection of St. Servaas Chapter, no. 39. On March 25, 1282, Roman King Rudolf I confirmed and renewed the grant by Roman King Coenraad, see Collection of St. Servaas Chapter, no. 46. For the indulgences by four archbishops and fifteen bishops in favor of the construction of the Meuse Bridge dated 1284 January 29 and the approval by John IV (of Flanders), Bishop of Liege, dated 1287 May 8, see Collection of St. Servaas Chapter, nos. 51 and 57.

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St. Gerlach

Number 6

Economic

1227 (5 November 1236)

Beatrix, Lady of Valkenburg, confirms that Gerard Buc has declared in front of her, her servants, all the inhabitants of Valkenburg as well as her faithful that his father, lord Emmo van Klimmen, donated a house with land in Voheim to the monastery of St. Gerlach . The house was part of his freehold and was properly transferred to the monastery for eternity.

Thorn

Number 6

Ecclesiastical

(25 December 1171 -) (23 September 1172)

Odilia, abbess of Thorn, announces that Godfried van Heinsberg transfers the maid Aleid, who belonged to the church of Geilenkirchen, to the church of Thorn as a ministerial with the consent of the priest of Geilenkirchen. In the presence of several witnesses and counselors, Aleid took the oath to the church of Thorn and pledged allegiance to the abbess. Should Aleid give birth to children, her last son will succeed her as her heir. If she has no son, then this will be the last daughter. All other children will be divided between the church of Thorn and Godfried van Heinsberg.

Kloosterrade

Number 6

Economic

1140 September 20

Arnold I, Archbishop of Cologne, confirms the acquisition by Kloosterrade Abbey of a number of specified possessions.

St. Servaas Chapter

Number 6

1139 December 18

Pope Innocent II confirms the gift of the Maas Bridge at Maastricht by King Coenraad III to the Maastricht Chapter of St. Servaas.

Original

A. Maastricht, HCL, access no. 14.B002A, archives chapter of St. Servaas at Maastricht, 1062-1797, inv. no. 436. Lined. Slightly damaged with loss of text.

Notes on reverse: ^1o by ^13th-century hand: Confirmatio privilegii pontis (supplemented by later hand) per Innocentium II. - ^2o by ^15th-century hand: R XXXVII. - ^3o by ^17th-century hand: Excopiatum nu. 12 - ^4o by ^17th-century hand: In capsula pontificum. - 5o^by^18th-century hand: 41 Cap. ^Ia.

Seal: one hanging affixed seal, announced, namely: S1 of Pope Innocent II. For a description of S1, see Venner, "Seals," no. 1.

Copy

B. first half ^17th century (before 1648), Maastricht, HCL, access no. 14.B002A, archives of the chapter of Saint Servatius at Maastricht, 1062-1797, inv. no. 11 (cartularium) = Cartularium ecclesiae collegialis Sancti Servatii Traiecti ad Mosam, tomus primus, pontificalia et episcopalia, fol. 13r-14r, under caput: Pontificalia, and under heading: Innocentius 2 confirmat donationem pontis cum illius reficiendi obligatione et reliqui fructus inter prepositum et fratres divisione ac administrationis paritate, certified copy by Hendrik Lenssens, chapter secretary and public notary, authorized by the Council of Brabant, to A.

Expenses

a. Schaepkens, "Archives," 171-172, after B. - b. Willemsen, "Inventory," 164-165, no. 4, after A. - c. Hackeng, The Medieval Land Property, 292, no. 64b (incomplete), after A.

One-line summaries

Wauters, Table chronologique II, 212. - Jaffé, Regesta Pontificum Romanorum, 892, no. 8064. - Doppler, "Collection," 243-244, no. 43.- Haas, Chronological List, 23-24, no. 17. - Nuyens, Inventory of St. Servatius, 100, no. 436. - DiBe ID 8241.

Coherence

For the gift of the Meuse Bridge by Roman King Cunraad III, see Collection of St. Servaas, no. 5. On September 17, 1274, Roman King Rudolf I issued a charter concerning the maintenance of the Meuse Bridge, see Collection of St. Servaas Chapter, no. 39. For the indulgence granted by four archbishops and fifteen bishops for the construction of the Meuse Bridge dated January 29, 1284, and the approval by John IV (of Flanders), Bishop of Liege, dated May 8, 1287, see Collection of St. Servaas Chapter, nos. 51 and 57.

‍

St. Gerlach

Number 7

Ecclesiastical

1242 March 4

Jan, administrator, and the convent of the monastery of St. Mary in Heinsberg make known to the master and the convent of St. Gerlach in Houthem that they are united in piety and faith from time immemorial and that, also because of this, they will perform the due memorial services for the brothers and sisters of their community, both clergy and lay. They will refrain from doing so when both monasteries find it objectionable or have stipulated in writing that it would cause too much danger.

Thorn

Number 7

Economic

(late 12th/early 13th century)

Reinwidis van Übach announces that she was at one point donated by her parents to the altar of Our Lady in Thorn under the following right: her sons will transfer a certain sum to this altar every year on 11 November, her daughters will pay a sum through a male relative of their own choosing; they will also pay for the permission to marry without the burden or interference of a guardian; at their death they will provide a very good quadruped from their own property for the right of "afliph" . If a quadruped of their own is not possible, they shall give a very well-worn garment. For all who violate this charter excommunication may be expected.

Reinwidis of ÜbachDeclares that she and her descendants are indebted to the abbey of Thorn for property tax and inspection.

Original

A. Maastricht, HCL, access no. 01.187A, archive Fiefdom of Thorn, inv. no. 7.

Annotation on reverse: 1o^by^16th-century hand: Littera certa (?) de Vbach Regewidis de curmede et ut sue posteri nubere possent. - 2o^by^17th-century hand: J crossed out, V. - 2o ^by^18th-century hand : Littera Regewidis quod posteri eius nubere possent.

Seal: one place of attachment, presumably for the announced seal of Thorn Abbey (LS1).

Expenses

a. Franquinet,Revised Inventory Thorn, 11, no. 6 (dated ^12th century), after A. - b. Habets, Archives Thorn, 10, no. 7 (dated ^12th century), after a.

One-line summary

Haas, Chronological List, 33, no. 50.

Date

The present charter has not been dated. Franquinet and Habets after him dated this charter in the twelfth century without further argumentation. On paleographical grounds, it can be further dated to the late twelfth/early thirteenth century. The document exhibits an informal character due to the use of a small piece of parchment that is crookedly cut, and due to the sloppy layout and irregular line spacing. Besides, words have been expanded and superimposed. The charter is not written in a diplomatic minuscule as was very common in the twelfth century, but contains a number of features of Gothic script (scratches, slanted d) with a somewhat posed character. The latter is also reflected in the use of majuscules in the words Marie and Martini.

Comparison of this charter script with the Limburg charters up to about 1240 has shown that this type of writing does not occur earlier than around the turn of the twelfth to the thirteenth century. Strongly related writing has been found in a charter of the abbot of Kloosterrade from the period 1201 25 December 1201 - 30 April 2011 (Maastricht, HCL, access no. 14.D004, Kloosterrade Abbey Archives, inv. no. 846) and in a charter of Lothair, Count of Hochstaden, concerning tithes at Noorbeek and 's-Gravenvoeren from 1204 (Ibidem, access no. 14.D022, Jesuit Archives Maastricht, inv. no. 55). A dating in the late twelfth / early thirteenth century is therefore obvious.

Kloosterrade

Number 7

Economic

<1148 juli 28>

St. Servaas Chapter

Number 7

(1172 December 25 - ) 1173 (September 23)

Siegfried, dean, and the canons of the chapter of Saint Servaas at Maastricht put Marsilius, abbot of Saint Gillis on the Publémont at Liège, in possession of nine acres near the village of Aaz and three hoofs at Aaz, so that the abbey has these in hereditary possession as long as the abbot does not break the established conditions.

Original

[A]. Not available.

Copy

B. simultaneously, Maastricht, HCL, access no. 14.B002A, archives chapter of St. Servaas at Maastricht, 1062-1707, inv. no. 306, badly damaged, to [A].

Expenses

a. Habets, "Codex diplomaticus," 31-33, no. 37 (dated 1173), to B. - b. Flament, "The State Archives," 434-435 (dated 1173), to B. - c. Hackeng, The Medieval Land Property, 300-301, no. 78 (incomplete) (dated 1173), to B.

One-line summaries

Doppler, "Collection," 250-251, no. 51 (dated 1173). - Haas, Chronological List, 29-30, no. 36 (dated 1173). - Nuyens, Inventory of St. Servatius, 86, no. 306 (dated 1173). - DiBe ID 10985 (dated 1173).

Date

The use of the Christmas style in the diocese of Liege is assumed. The terminus ante quem is further determined by the end of the stated sixth indiction, which runs until Sept. 23, 1173.

Origin

The vellum of the present charter is badly damaged and the last three lines are written around a large circular recess. In this recess, traces of another text were observed with a quartz lamp, indicating the reuse of the parchment. Most likely, the chapter of St. Servaas produced a copy almost simultaneously for the purpose of its own rent records. Flament, "The State Archives," 434, considers the document mentioned under B to be the original, more specifically a renversal of the agreement with St. Gillis Abbey on the Publémont in Liege. In that case, it should have been in the name of the Liège abbey. He also signals a fallen seal, but no traces of wax were found on the parchment. True, part of the charter text is written around the recess, which could indicate the application of a printed seal, but there is no cut available or a piece of parchment to attach the seal to. This makes it unlikely that this charter was ever sealed. The charter text also does not announce a seal. A contemporary copy by the chapter of St. Servaas is therefore obvious.

Text edition

The gaps in B have been filled to the edition by Flament, which is a better edition than Habets.

‍

St. Gerlach

Number 8

Economic

1241 (29-31 March or 1-31 March 1242)

Dirk II, lord of Valkenburg, has sold to the administrator and the convent of St. Gerlach in Houthem his forest Vorbusde, located in his freehold in Houthem, and has donated part of the purchase price to the convent.

Dirk II, lord of Valkenburghas soldto the provost and monastery of St. Gerlach (at Houthem) his forest Vorbusde, locatedin the allodium at Houthem, and has donated part of the purchase price to the monastery.

Original

A. Maastricht, RHCL, access no. 14.D003, archive monastery St. Gerlach at Houthem, inv. no. 40, reg. no. 7.

Notes on reverse: 1° by ^13th-century hand : Littera de silva monasterii.- 2°by last quarter ^14th-century hand: A j. - 3° by ^17th-century hand: 1241.- 4°by^18th-centuryhand: Num. 62.

Sealing: two attached seals, announced, namely: S2 of Dirk II, lord of Valkenburg, of green wax, damaged, with CS2, damaged. - S4 of Gozewijn Dukere, of light brown wax, damaged; and two attachments to the announced seals of Alard of Haasdal, knight, and Adam of Borgharen, knight, (LS1) and (LS3). For a description and illustration of S2, CS2 and S4, see Venner, 'Seals monastery St. Gerlach', 157 and 160, respectively.

Copies

[B]. before 1506, authentic copy, not available, but known from [C], to A. - [C]. 1506, not available, but known from F, register of the monastery of St. Gerlach at Houthem, which erroneously gives the date 13 March 1241, to [B]. - [D]. before 6 May 1594, not available, but known from [E], authentic transcript by the monastery of St. Gerlach at Houthem for the benefit of the Council of Brabant, probably to [B]. - [E]. 6 May 1594, not available, but known from F, charter of Philip II, king of Spain, in which the charter below is inscribed , to [D]. - F. 1735, Maastricht, RHCL, access no. 14.D003, archives monastery of St. Gerlach in Houthem, inv. no. 1 (cartularium) = Privelegien ende register der obligatien en andere erfffcontracten des adelijcken cloosters van St. Gerlach, pp. 100-104, under the heading: Confirmatio donationis piscature et venationis de anno 1594, and in the margin: Num. 62, to [E].

Issue

a. Franquinet, Revised Inventory of St. Gerlach, IV, 9-10, no. 6 (dated March 1241), after A.

One-line summaries

Haas, Inventory St. Gerlach, 69-70, reg. no. 7 (dated March 1241). - Idem, Chronological List, 43, reg. no. 84 (dated March 1241).

Date

The use of Easter style in the diocese of Liege has been assumed, see Camps, ONB I, XXI, and Dillo and Van Synghel, ONB II, XVII. Since the month of March in the Easter year 1241 runs from March 1 through March 30 and March 31 falls in 1242, dating 1-30 March 1241 is possible as well as 31 March 1242.

Text edition

The distinction between c and t is not readily apparent.

Thorn

Number 8

Economic

(short for 13 July 1234)

Abbess Hildegonde and the convent of the abbey of Thorn, with the consent of their fellow canons and ministerials for fear of usury, have made the following arrangement which will last for eight years in order to repay their large debts incurred by fires, storms and robberies. For the repayment of the debts, the revenues of the courts of Baarle and Gilze are reserved with the tithes but without the outbuildings, as well as the tithes of Hemert and Avezaath. For the distributions to the nuns, the following are allocated: the courts of Thorn (with the exception of the small tithe of Thorn), Neer and Eisden, the property tax and administration of Oeteren, the fields of Übach with the tithe, the goods of Bergeijk and the island opposite Wessem; the feudal rights and the right to the dead hand of the courts of Neer and Eisden. To the abbess is assigned: the small tithe of Thorn (without the tithes of the appurtenances), the appurtenances and the feudal rights and the right to the dead hand of the courts of Baarle and Gilze, the court of Oeteren without the property tax and the management, and the court of Grathem.

Kloosterrade

Number 8

Economic

1148 [12 May - 24 December]

Hendrik II, Bishop of Liege, confirms the donation by Adelheid, wife of Reinier van Beek, of the church at Spaubeek with the entire tithe and the dos and two farmsteads to Kloosterrade Abbey.

St. Servaas Chapter

Number 8

(1188 December 25 - ) 1189 (September 23)

Announced is the agreement in a dispute between the canons of the chapter of St. Servaas in Maastricht and the abbey of Siegburg concerning the tithing at Güls.

Original

A. Maastricht, HCL, access no. 14.B002A, Archives of the Chapter of Saint Servatius at Maastricht, 1062-1797, inv. no. 338.

Notes on reverse: ^1o by ^14th-century hand: Item de Gulse, added by other hand: et Sybergense, XXXIII. - ^2o by ^16th-century hand: P XVI / N I II. - ^3o by ^18th-century hand: Contractus inter abbatem Siburgensem et capitulum Traiectense de quinque caratis vini / B10 / 1189.

Seal: one hanging affixed seal, not announced, namely: S1 of Siegburg Abbey, of white wax, damaged. For a description and illustration of S1, see Venner, "Seals," no. 39.

Copies

B. late ^13th century, Maastricht, HCL, access no. 14.B002A, archives of the Chapter of Saint Servatius at Maastricht, 1062-1797, inv. no. 10 (cartularium) = [Liber privilegiorum], fol. 16r-16v (= new fol. 33r-33v), no. 33, after A. - [C]. not available, but known from D, cartularium of the Chapter of Saint Servatius at Maastricht = Liber A, fol. 70. - D. before 1768, Ibidem, access no. 22.001A, Manuscript Collection (former) Maastricht Municipal Archives, ^14th-20th century, inv. no. 199a (cartulary) = Diplomata Trajectensia de anno 800 ad 1399, p. 210, under the heading: Transaction tusschen het capittel van St. Servaes ende de moniken van het clooster Cibryen, waerbij voorg. closter cedes haere tyndens soe van lant, weyden, wyngaerdens als van de beesten, gehoorende onder de parochie van Gulsen waergensgens het capittel jaarlycs sal geven vyff caratteren wijn van haar gewasch, niet van den besten, noch niet van den slechtchsten, de 7 indictie 1189, copy by G.J. Lenarts, city secretary of Maastricht, possibly after [C].

Issue

a. Hackeng, The Medieval Land Property, 304, no. 87 (incomplete) (dated 1189), after A.

One-line summaries

De Borman, "Notice," 25 (dated 1189) - Doppler, "Collection," 254-255, no. 58 (dated 1189). - Haas, Chronological List, 32, no. 44 (dated 1189). - Nuyens, Inventory of St. Servatius, 90, no. 338 (dated 1189). - DiBe ID 6187 (dated 1189).

Date

The use of the Christmas style in both the diocese of Liege and the archbishopric of Cologne has been assumed, see Camps, ONB I, XX, Dillo and Van Synghel, ONB II, XVII, and Polak and Dijkhof, Oorkondenboek Kloosterrade, XVI. The terminus ante quem is determined by the end of the given seventh indiction, which runs until September 23.

Origin and coherence

A renversal of this charter was produced in the name of the Siegburg Abbey and the canons of the Chapter of St. Servaas in Maastricht with the same date. This charter has survived in original and is preserved in the Landesarchiv in Duisburg, NRW Abteilung Rheinland, AA 0504 /Siegburg, Urkunden, no. 63. For an edition of this renversal, see Beyer, Eltester and Goerz, Urkundenbuch, 132, no. 95 (dated 1189) and Wisplinghoff, Urkunden Siegburg, 168-169, no. 77. According to Wisplinghoff, both originals were written by the same hand. For the recognition by the abbot of Siegburg of the right to the tithe of Güls dated November 4, 1263, see Collection of St. Servaas Chapter, no. 23.

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St. Gerlach

Number 9

Legal

18-30 April 1253 or 1-9 April 1254

The aldermen of Maastricht announce the agreement in the dispute over the goods of knight Godfried van Heer, between on the one hand the administrator and the entire convent of St. Gerlach at Houthem and on the other hand Wolter van Mesch, citizen of Maastricht, Jutta and Mathilde, granddaughters of Godfred van Heer, and their guardian Leonius. The parties have agreed in the presence of the aldermen of Maastricht, the mayor and the aldermen of Heer and relatives and friends of Jutta and Mathilde, that the administrator and the convent of St. Gerlach are to have from the disputed goods 40,000m2 of arable land, dependent on the court of Heer, in hereditary ownership. Wolter van Mesch, guardian Leonius and Mathilde, mother of Jutta and Mathilde, have relinquished the said 40,000m2 of arable land for the benefit of the administrator and the convent. The administrator and the convent in their turn have relinquished all other goods of Godfried van Heer, both inside and outside of Maastricht, for the benefit of Wolter, Jutta and Mathilda.

The aldermen of Maastricht charter concerning the dispute over goods of Godfried of Heer, knight, between the provost and convent of St. Gerlach (at Houthem) on the one hand and Wolter van Mesch, citizen of Maastricht, Jutta and Mathilde, daughters of Adam, son of Godfried van Heer, and their guardian Leonius on the other hand that in front of them, mayor and aldermen of Heer and relatives and friends of Jutta and Mathilde agreed that the provost and convent of St. Gerlach will have from the disputed goods arable land, dependent on the court of Heer, according to hereditary right. Wolter, Leonius and Mathilde, mother of Jutta and Mathilde, have for the benefit of the provost and convent renounced the said land and the provost and convent have in turn for the benefit of Wolter, Jutta and Mathilde also renounced all other goods of Godfried of Heer, both within and outside Maastricht.

Original

A. Maastricht, RHCL, access no. 14.D003, archive monastery St. Gerlach at Houthem, inv. no. 34, reg. no. 8. Lined.

Notes on reverse: ^1o by 13th -century hand: Littera de Heer. - ^2o by last quarter ^14th-century hand: X. - ^3o by ^17th-century hand: 1253. - ^4oby ^18th-centuryhand: Litere Godefridi de 5 bonnariis in Here, num. 75.

Sealing: four hanging affixed, double pierced seals, announced, namely: S1 of Godfried Dives, alderman of Maastricht, of white wax, damaged. - S2 of Manegold, alderman of Maastricht, of white wax, damaged. - S3 of Godfried, son of Lady Osa, alderman of Maastricht, of white wax, damaged. - S4 of Boudewijn de Molendino, alderman of Maastricht, of white wax, damaged. For a description of S1, S2, S3 and S4, see Venner, 'Seals monastery St. Gerlach', 160-162.

Copy

B. 1735, Maastricht, RHCL, access no. 14.D003, archive monastery of St. Gerlach te Houthem, inv. no. 1 (cartularium) = Privelegien ende register der obligatien en andere erffcontracten des adelijcken cloosters van St. Gerlach, pp. 121-122, under the heading: Litere Godefridi de 5 bonnariis terre arabilis de Lord hereditarie possidendis, and in the margin: Num. 75, giving four places of sealing, after A.

Expenses

a. Franquinet, Revised Inventory of St. Gerlach, IV, 10-12, no. 7 (dated April 1253), after A. - b. Nève, The Thirteenth-Century Aldermen's Charters, 3-4, no. 1253.04.00 (with translation), (dated April 1253), after A.

One-line summaries

Haas, Inventory St. Gerlach, 70, reg. no. 8. (dated April 1253). - Idem, Chronological List, 48, reg. no. 101 (dated April 1253).

Date

The use of Easter style in the diocese of Liege has been assumed, see Camps, ONB I, XXI, and Dillo and Van Synghel, ONB II, XVII. Since the Easter year 1253 runs from 18 March 1253 to 10 April 1254, dating 18-30 April 1253 is possible as well as 1-9 April 1254.

Origin

The writing hand of the present charter shows similarity to the one in the charter of Dirk II, lord of Valkenburg, d.d. 05-07-1254, as well as to the hand that four years later minted two charters for the monastery of St. Gerlach, see infra nos. 10, 13 and 14. These originals also have the same formatting: the scribe has not written the charter text on the applied lines, but well above these lines.

Thorn

Number 9

Economic

December 1235 (1-24)

Hendrik IV, duke of Limburg and count of Berg, announces that the abbess and convent of Thorn Abbey have transferred a farm in Drinhausen to Jan, cleric of Körrenzig and canon of Liege. Jan has paid for that farmstead, allowing him to dispose of it freely as long as he lives. After his death his goods will freely accrue to Thorn.

Kloosterrade

Number 9

Economic

[1148] 29 December

Arnold I, Archbishop of Cologne, confirms that Kloosterrade Abbey is in possession of property at Bornheim, transferred by Jan of Bornheim, at Ameln, of property purchased from Abbot Folmer of Lonnig and others, and of property at Niedermerz donated by Werner Rufus of Niedermerz.

St. Servaas Chapter

Number 9

1193 (March 25 - 1194 March 24)

William, archdeacon of Trier, declares that William, guardian of Chiny, donated the patronage right of the church of Jamoigne to the abbey of Orval and that Blihard, canon of Rheims and parish priest of Jamoigne, brother of the guardian of Chiny, transferred his rights to the abbey.

St. Gerlach

Number 10

Economic

1254 July 5

Dirk II, lord of Valkenburg, donates to the administrator and convent of the monastery St. Gerlach in Houthem his 72,000m2 land in Hatersbruc and his 32,000m2 freehold in Houthem, as well as a production charge of fifteen shillings of Liege. The monastery owed him this payment because of an earlier donation of four marks. Dirk also stipulates that the monastery is obliged to allocate one mark from these donations each year for the commemorative service on the anniversary of the death of his wife Berta and three marks for the perpetual celebration of a daily mass for the deceased.

Dirk II, lord of Valkenburg, donates to the provost and convent of the monastery of St. Gerlach land at Hatersbruc, a portion in his allodium at Houthem and a property tax payment which the monastery owed him because of an earlier donation. He has also stipulated that the monastery is bound to allocate one mark annually from this for the pitance at the annual anniversary of his wife Berta and three marks for the perpetual celebration of a daily mass for the deceased.

Original

A. Maastricht, RHCL, access no. 14.D003, archive monastery St. Gerlach at Houthem, inv. no. 152, reg. no. 9. Lined.

Notes on reverse: 1° by last quarter ^14th-century hand: Littera de IX bonuaria terre et de IIII bonuaria etcetera. - 2° by last quarter ^14th-century hand: L j. - 3° by ^17th-century hand: 1254. - 4° by ^18th-century hand: Num. 70.

Sealing: three hanging affixed, double pierced seals, announced, namely: S1 of Dirk II, lord of Valkenburg, of brown wax, damaged, with CS1, damaged. - S2 of Engelbert (of Valkenburg), archdeacon of Liege, of green wax, damaged. - S3 of Alard of Haasdal, knight, of brown wax, flawless; and two mounts, presumably for the announced seals of Gozewijn Dukere, knight, and Adam of Borgharen, knight, (SD4 and SD5). For a description and illustration of S1, S2 and S3, see Venner, 'Seals monastery St. Gerlach', 158, 150-151 and 160, respectively.

Copy

B. 1736, Maastricht, RHCL, access no. 14.D003, archives monastery of St. Gerlach in Houthem, inv. no. 1 (cartularium) = Privelegien ende register der obligatien en andere erffcontracten des adelijcken cloosters van St. Gerlach, pp. 115-116, under the heading: Littere Theodorici, domini de Valckenburgh, de novem bonnariis terre et quatuor (corrected from other letters) iacentibus in Hatersbruc et in Holtheijm, and in the margin: Num. 70, stating five places of sealing, to A.

Issue

a. Franquinet, Reasoned Inventory of St. Gerlach, IV, 12-13, no. 8, after A.

One-line summaries

Haas, Inventory of St. Gerlach, 70-71, reg. no. 9. - Idem, Chronological List, 48, reg. no. 102.

Origin

The writing hand of the present charter bears a resemblance to the one in a Maastricht alderman's charter of 1254 concerning a dispute involving the provost and convent of St. Gerlach , as well as to the hand that four years later minted two charters for the monastery of St. Gerlach, see infra nos. 9, 13 and 14. These originals also have an identical characteristic formatting: the scribe has written the charter text not on the applied line ring, but well above these lines.

Text edition

The distinction between c and t is not readily apparent.

Thorn

Number 10

Economic

1237 April 27

Abbes Hildegonde and the Chapter of Our Lady of Thorn unanimously transfer the tithing of Hemert and the revenues at Avezaath in perpetual lease to abbot and convent of St. Paul's Abbey in Utrecht against an annual rent, to be delivered on May 1 to the church of Thorn. In addition, the abbot receives from the abbess of Thorn the church of Hemert with the tithe, its own goods and the other revenues that now belong to the presbytery.

Kloosterrade

Number 10

Ecclesiastical

<1151 september 22>

St. Servaas Chapter

Number 10

1215 July 28

Emperor Frederick II takes St. Servaas Church in Maastricht under his protection and confirms all the privileges granted by his predecessors.

St. Gerlach

Number 11

Economic

(before 9 July 1257)

Wolter, superior of the Friars Minor in Maastricht, issues a charter on a bequest from knight Gerard van Scherwier to knight Adam van Nuth concerning the payment of 30 marks from illegally acquired property.

Thorn

Number 11

Economic

December 1243

Abbess Hildegonde and the convent of the abbey of Thorn, fearing unbearable interest rates, have sold by unanimous consent the sum of money they receive annually at the beginning of October from the serfs of the courts at Baarle and Gilze, hereditarily to Godfried, lord of Breda. Should Godfrey not receive the proceeds at the agreed time, he will receive their pledges and claim the compensation according to the verdict of the aldermen. Robert, bishop of Liege, and Hendrik, duke of Lorraine and Brabant, both approved this sale by a charter.

Kloosterrade

Number 11

Economic

[25 December 1150 -] 1151 [24 December; probably shortly after 24 June].

Hendrik II, bishop of Liege, confirms the donation of the church at Lommersum with the entire dos, familia and tithes by the descendants of Jutta, wife of Duke Walram II of Limburg, to Kloosterrade Abbey. This church had been transferred to the abbey by Jutta at her entry.

St. Servaas Chapter

Number 11

July 1218

Otto (of Everstein), provost of (the Chapter of Our Lady in) Aachen and the Chapter of St. Servaas in Maastricht, donates the patronage right of St. John's Church in Maastricht to the Chapter of St. Servaas.

Original

A. Maastricht, HCL, access no. 14.B002A, archives chapter of St. Servaas at Maastricht, 1062-1797, inv. no. 816.

Notes on reverse: ^1o by ^13th-century hand: De ecclesia Sancti Iohannis. - ^2o by ^16th-century hand: 1218 / g II. - ^3o by ^17th-century hand: [***] dedit [***]. - ^4o by ^17th-century hand: In capsula fab[rice] excopiata numero 7. - 5o^by^18th-century hand: 1218 mense iulio. - ^6o by ^18th-century hand: 16.

Seal: one hanging confirmed seal, announced, namely: S1 of Otto, provost of the Chapter of Our Lady at Aachen and of the Chapter of St. Servaas at Maastricht, of brown wax, damaged. For a description and illustration of S1, see Venner, "Seals," no. 30.

Copies

B. late ^13th century, Maastricht, HCL, access no. 14.B002A, archives of the chapter of St. Servatius at Maastricht, 1062-1797, inv. no. 10 (cartularium) = [Liber privilegiorum], fol. 16v (= new fol. 33v), no. 24, after A. - C. 1640, Ibidem, idem, inv. no. 1741 (cartularium) = Liber sive regestum originis ecclesie Sancti Seruatii Traiec[tensis] illiusque privilegiorum, donationum ac iurium ex originalibus et libro chartarum manu Ioannis Choris, receptoris capituli, descriptorum, p. 27, under the heading: 21, Otto, prepositus, declarat ecclesiam Sancti Ioannis spectare ad capitulum, to A. - D. ^17th century, Ibidem, idem, inv. no. 13 (cartularium) = [Liber privilegiorum et bonorum], fol. 95r, under the heading: Otto, prepositus, cedit ius patronatus ecclesie de Sancti Iohannis Baptiste anno 1218, vide folio 93, possibly to A. - [E]. not available, but known from F, cartularium of the St. Servaas Chapter at Maastricht = Liber A, fol. 68v. - F. before 1768, Ibidem, access no. 22.001A, Manuscript Collection (former) Maastricht Municipal Archives, 14th-20th century, inv. no. 199a (cartulary) = Diplomata Trajectensia de anno 800 ad 1664, p. 236, under the heading: Otto, prepositus Sancti Servatii confert capitulo libere et absolute ius patronatus ecclesie Sancti Ioannis Baptiste in Traiecto, 8 July 1210, to [E].- G. before 1768, Ibidem, idem, fol. 248, under the heading: Otto, prepositus Sancti Servatii declarat ecclesiam Sancti Ioannis spectare ad capitulum Sancti Servatii, mense iulii 1218.

Issue

a. Teichmann, ˈAachen', 106, no. 1, after A.

One-line summaries

Willemsen, "Inventory," 167, no. 6. - De Borman, 'Notice', 28. - Habets, 'Codex diplomaticus', 37, no. 52. - Wauters, Table chronologique III, 681. - Doppler, 'Collection', 263, no. 76. - Haas, Chronological List, 35, no. 57. - Nuyens, Inventory of Saint Servatius, 149, no. 816. - DiBe ID 15962.

Coherence

According to an undated charter, the donation of the patronage right by Otto of Everstein took place with the consent of Roman King Frederick, who confirmed it in a royal charter dated December 26, 1218 (see Doppler, "Collection," 263-264, no. 77 (dated before December 26, 1218), and Idem, "Collection," 264, no. 78). In a also undated charter, Engelbert of Berg, Archbishop of Cologne, confirms this transfer by Emperor Frederick II, see Collection of St. Servaas Chapter, no. 13. For the charter dated May 9, 1222 from Roman King Henry VII, in which he takes the chapter of St. Servaas under his protection, confirms all its privileges, and ratifies the grant of the patronage right by Otto of Everstein, see Collection of St. Servaas Chapter, no. 12.

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St. Gerlach

Number 12

Economic

1257 July 9

Knight Gerard van Scherwier donates half a farmstead of arable land from his freehold between Swier and Laar to the convent of St. Gerlach in Houthem. This gift is made on the condition that a debt of 30 marks is paid off. After the repayment the convent of St. Gerlach will have the undisturbed ownership of half the farm on the condition that the convent will perpetually hold a memorial service on the anniversary of the death of said knight, of his wife Agnes and of his parents, will celebrate masses and will pay a wine subscription.

Thorn

Number 12

Economic

June 1244

Abbess Hildegonde and the convent of Thorn Abbey make a mutual division of the goods and revenues at Thorn, Bocholt, Baexem, Cobbenhese, Neer, Avezaath, Hemert, Eisden, Bergeijk, Übach, Wessem, Leveroy, Dasselre, Beersel, Rode, Ell, Haler, Oeteren, Gilze, Baarle and Grathem.

Kloosterrade

Number 12

Economic

[25 December 1157 -] 1158 [15 December].

Frederik II, Archbishop of Cologne, confirms the donation of the church at Lommersum with the entire dos, familia and tithes by the descendants of Jutta, wife of Duke Walram II of Limburg, to Kloosterrade Abbey. This church had been transferred to the abbey by Jutta at her entry. Following Archbishop Arnold I, he also confirms that the abbey is in possession of several named goods.

St. Servaas Chapter

Number 12

1222 May 9

Roman King Henry VII takes St. Servaas Church in Maastricht under his protection, confirms the privileges granted by his predecessors as well as the donation of the patronage right of St. John's Church in Maastricht to the Chapter of St. Servaas by (Otto), provost of (the Chapter of Our Lady in) Aachen and the Chapter of St. Servaas in Maastricht.

Original

A. Maastricht, HCL, access no. 14.B002A, archives chapter of St. Servaas at Maastricht, 1062-1797, inv. no. 17. Lined. Damaged with loss of text.

Notes on reverse: ^1o by ^13th-century hand: Henrici VII regis. - 2o^by^14th-century hand: Carta de officatis ecclesie. - 3o^by^14th-century hand: XII crossed out. - ^4o by ^16th-century hand: Anno 1222. - ^5o by ^16th-century hand: R. M I n. - ^6o by ^17th-century hand: In capsula imperialium. - ^7o by ^17th-century hand: 25 E I (improved from 25 d I). -^8o by ^18th-century hand: De confirmatione privilegiorum etc., immunitate officiatorum ab exactione iure forensi et civili, a teloneo in omni distructu imperii et cessione per dictum prepositum capitulo factus ad usus eorum super parochia sancti Iohannis.

Seal: one hanging confirmed seal, announced, namely: S1 of Roman King Henry VII, damaged, of white wax. For a description and illustration of S1, see Venner, "Seals," no. 46.

Copies

B. late ^13th century, Maastricht, HCL, access no. 14.B002A, archives of the chapter of St. Servatius at Maastricht, 1062-1797, inv. no. 10 (cartularium) = [Liber privilegiorum], fol. 7r-7v (new fol. 24r-24v), no. 12, after A. - C. 1640, Ibidem, idem, inv. no. 1741 (cartularium) = Liber sive regestum originis ecclesie Sancti Seruatii Traiec[tensis] illiusque privilegiorum, donationum ac iurium ex originalibus et libro chartarum manu Ioannis Choris, receptoris capituli, descriptorum, p. 74-75, under the heading: Henricus septimus, imperator, confirmat privilegia ecclesie et maxime quoad libertatem supportatam ab omni exactione, to A. - D. ^17th century, Ibidem, idem, inv. no. 12 (cartularium) = Cartularium ecclesie collegialis Sancti Servati (thus) Trajecti ad Mosam, tomus secundus, Documenta imperialia et ducalia, fol. 25v-27r, under caput: Imperialia, and under the heading: Confirmatio privilegiorum, libertatum etc., specialiter quod officales et ministri ecclesie ab omni iure civili et forensi et omni exactione sint liberi, etiamsi sint mercatores; item libertas thelonii, later, c. 1757, authenticated by Membrede, chapter secretary and public notary, after A. - [E]. not available, but known from F, cartulary of the St. Servaas Chapter at Maastricht = Liber A, fol. 204. - F. before 1768, Ibidem, access no. 22.001A, Manuscript Collection (former) Maastricht Municipal Archives, 14th-20th century, inv. no. 199a (cartulary) = Diplomata Trajectensia de anno 800 ad 1664, p. 272-273, under the heading: Hendricus septimus, Romanorum rex, confirmat privilegia Sancti Servatii tam exemptionum talliarum quam accysiarum eorum qui in claustris morantur, hac 7 idus maii 1222, certified copy by G.J. Lenarts, city clerk of Maastricht, after A.

Expenses

a. Huillard-Bréholles, Historia diplomatica II-2, 738-740, after a copy in a cartulary of the Chapter of Saint Servaas at Maastricht (held in Paris, Bibliothèque Nationale, Fonds Latin). - b. De Borman, "Notice," 31-33, after B. - c. Sloet, OGZ I, 471, no. 467 (incomplete), after A. - d. DiBe ID 16799, after a.

One-line summaries

Wauters, Table chronologique III, 687. - Böhmer and Ficker, Regesta imperii V-2, 703, no. 3877. - REK, III-1, 63, no. 356. - Doppler, "Collection," 270-271, no. 94. - Heeringa, OSU II, 152, no. 702. - Verkooren, Inventaire des chartes et cartulaires, 53. - Böhmer and Zinsmaier, Regesta imperii V-4, 244. - Haas, Chronological List, 36, no. 59. - Nuyens, Inventory of St. Servatius, 49, no. 17.

Coherence and text edition

The text of the present charter is taken from the charter of Emperor Frederick II dated 1215 July 28, see Saint Servatius Collection, no. 10. The parts of the text taken from this preliminary charter are in a smaller font. Changed word order is not indicated. Where one or more words have not been reproduced in the postchapter, an asterisk has been used.

For the donation charter of Otto, provost of the Chapter of Our Lady in Aachen and the Chapter of St. Servaas in Maastricht, dated July 1218, see Collection of St. Servaas, no. 11, and the connection there. For confirmation by Roman King Rudolf I, dated November 1, 1273, with insertion of the present charter, see Collection of St. Servaas Chapter, no. 36. The gap in A has been added to B. The distinction between c and t is difficult to see.

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St. Gerlach

Number 13

Ecclesiastical

February 1258

Jan, administrator, and the convent of the monastery St. Gerlach at Houthem announce that the convent is donating to the administrator the goods intended for the dining hall and the income from the treaties that the administrator grants annually at memorial services on the anniversary of a death from the convent's outhouse for the benefit of the entire convent. The administrator in turn assigns the goods at Heek under Klimmen to the convent.

Jan, provost, and the convent of St. Gerlach monastery (at Houthem) announce that the convent donates to the provost the goods destined for the refectory and the income from the pitanties that the provost grants annually at the anniversaries from the convent's outhouse, for the benefit of the entire convent, with the provost in turn assigning the goods at Heek under Klimmen to the convent.

Original

A. Maastricht, RHCL, access no. 14.D003, archive monastery St. Gerlach at Houthem, inv. no. 52, reg. no. 10. Lined.

Notes on reverse: ^1o by ^17th-century hand: De Heick, 1257. -^2oby 18th-century hand: Num. 79, 1257.

Sealing: two mounts with only two cuts visible in the plica, presumably for the announced seals of the charters (LS1 and LS2).

Copy

B. 1735, Maastricht, RHCL, access no. 14.D003, archives monastery St. Gerlach at Houthem, inv. no. 1 (cartularium) = Privelegien ende register der obligatien en andere erffcontracten des adelijcken cloosters van St. Gerlach, pp. 125-126, under the heading: Divisio redituum inter prepositum et conventum ecclesie sancti Gerlaci, and in the margin: Num. 79, stating two places of sealing, after A.

Issue

a. Franquinet, Reasoned inventoy of St. Gerlach, IV, 13-14, no. 9 (dated February 1257), after A.

One-line summaries

Haas, Inventory of St. Gerlach, 71, reg. no. 10 (dated February 1257). - Idem, Chronological List, 50-51, reg. no. 109 (dated February 1257).

Date

The use of Easter style in the diocese of Liege has been assumed, see Camps, ONB I, XXI, and Dillo and Van Synghel, ONB II, XVII.

Origin

This charter has been written by the same hand that a few months later minted the charter of Adam of Amby for the benefit of the monastery of St. Gerlach, see infra no. 14. This hand is also closely related to the scribe's hand that in 1254 wrote a charter for the lord of Valkenburg and an alderman's charter of Maastricht concerning a dispute involving the provost and convent of St. Gerlach , 9, 10, 13 and 14. These originals also have the same characteristic formatting: the scribe has written the charter text not on the applied line ring, but well above these lines.

Text edition

The distinction between c and t is not readily apparent.

Thorn

Number 13

Economic

1252 April 7

Elisabeth, nun of the abbey of Thorn, healthy in body and mind, bequeaths under reservation of her usufruct all her goods, revenues and possessions to the abbey of Thorn in Wessem, Thorn, Ittervoort, Grathem and Heeze, which she legally acquired by sale and which belong to the church of Thorn. Of the proceeds, an annual sum goes to the minister of the altar of St. Catherine in the crypt of the church of Thorn. The remaining income is for the abbess, convent and canons, with the obligation to distribute a sum to the poor on the anniversary of Elisabeth. In addition, the abbess, convent and canons may divide equally an amount derived from the purchase of a piece of land adjacent to Horn.

Kloosterrade

Number 13

Economic

[25 December 1163 -] 1164 [24 December]

Alexander, provost of the chapter of St. Lambert at Liege and archdeacon, informs the canons of that chapter, residing at Visé, that Erpo, abbot of Kloosterrade, has acquired the land for which Udo of Visé and his heirs were liable for the excise to St. Peter's Church at Warsage, from Hendrik van Dongelberg, parish priest of that church, in return for payment of the amount of the annual property tax at each promotion of a new abbot.

St. Servaas Chapter

Number 13

(1220 November 22 - 1225 November 7)

Engelbert (of Berg), archbishop of Cologne, announces that his kinsman Otto, provost of the chapter of St. Servaas at Maastricht, with the consent of Emperor Frederick II, has donated St. John's Church at Maastricht to the friars of St. Servaas, and approves this donation with the consent of Hugo, bishop of Liege.

Original

A. Maastricht, HCL, access no. 14.B002A, archives chapter of St. Servaas at Maastricht, 1062-1797, inv. no. 817.

Notes on reverse: ^1o by ^15th-century hand: De ecclesia Sancti IohannisBaptiste, and by later hand added: approbatio archiepiscopi Coloniensis/ XXII. - ^2o by ^16th-century hand: R. M II. -^3o by ^17th-century hand: In capsula episcoporum. - ^4o by ^17th-century hand: approbatio nu. ^Io.

Seal: one place of attachment for the announced seal of Engelbert of Berg, Archbishop of Cologne, which is not available (SD1).

Copies

B. late ^13th century, Maastricht, HCL, access no. 14.B002A, archives of the chapter of Saint Servatius at Maastricht, 1062-1797, inv. no. 10 (cartularium) = [Liber privilegiorum], fol. 17 (new fol. 34r), no. 26, after A. - C. 1640, Ibidem, idem, inv. no. 1741 (cartularium) = Liber sive regestum originis ecclesie Sancti Seruatii Traiec[tensis] illiusque privilegiorum, donationum ac iurium ex originalibus et libro chartarum manu Ioannis Choris, receptoris capituli, descriptorum, p. 28, under the heading: Confirmat idem archiepiscopus Coloniensis, after A.

Expenses

a. De Borman, "Notice," 29 (undated), to B. - b. DiBe ID 16082, to a.

One-line summaries

Habets, Codex diplomaticus, 37, no. 53. - Wauters, Table chronologique III, 682 (dated about 1218). - Knipping, Die Regesten der Erzbischöfe von Köln III, 84, no. 523 (dated 1221-1225). - Doppler, "Collection," 267, no. 86. - Haas, Chronological List, 35-36, no. 58 (dated s.d. (1220-1225)). - Nuyens, Inventory of St. Servatius, 150, no. 817.

Coherence

See Saint Servatius Collection, no. 11.

Date

The terminus post quem of this undated charter is the imperial coronation of Frederick on November 22, 1220 (Grotefend, Taschenbuch, 113). The terminus ante quem is the date of death of Archbishop Engelbert of Berg, who was murdered on November 7, 1225.

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St. Gerlach

Number 14

Economic

December 1258

Adam of Amby, knight, transfers with the consent of his children Jan, Waltelm, Agnes and Catharina a farmstead in the territory of Borgharen to the director and convent of the monastery of St. Gerlach in Houthem. Knight Adam also stipulates that his descendants, who after the transfer keep this farm in use and pay produce tax on it, owe an annuity. They must pay this at the memorial service on the anniversary of his death. In case his descendants' default, the administrator and convent may take possession of the arable land until they have been compensated for the damages suffered. Dirk II, lord of Valkenburg, will supervise this for the benefit of the administrator and the convent.

Adam of Amby, knight, with the consent of his children Jan, Waltelm, Agnes and Catharina, transfers a farmstead of arable land in the territory of Borgharen to the provost and convent of the monastery of St. Gerlach (at Houthem), and stipulates that his descendants who hold this farmstead after his death according to excise law will be charged with the payment of an annual annuity of two marks Keuls on his date of death. If they default, the provost and convent will be allowed to take possession of the land and have it retained in possession by Dirk II, lord of Valkenburg.

Original

A. Maastricht, RHCL, access no. 14.D003, archive monastery St. Gerlach at Houthem, inv. no. 153, reg. no. 11. Lined.

Notes on reverse: 1° by ^13th-century hand : Bona de Haren. - 2°by last quarter ^14th-century hand: M. - 3° by possibly ^16th-century hand: [***] sanctiGerlaci, 1258.

Seal: two double pierced, hanging affixed seals, announced, namely: S2 of Engelbert (of Valkenburg), archdeacon of Liege, of white wax, damaged. - S3 of Alard of Haasdal, knight, of white wax, damaged; and two mounts, presumably for the announced seals of Dirk II, lord of Valkenburg, and Adam of Borgharen, knight, (LS1 and LS4). For a description and illustration of S2 and S3, see Venner, 'Seals monastery St. Gerlach', 150-151 and 160, respectively.

Copy

B. 1735, Maastricht, RHCL, access no. 14.D003, archives of the monastery of St. Gerlach at Houthem, inv. no. 1 (cartularium) = Privelegien ende register der obligatien en andere erffcontracten des adelijcken cloosters van St. Gerlach, pp. 128-129, under the heading: Donatio Ade de Ambiie, militis, de uno manso terre arabilis in territorio de Haren, and in the margin: Num. 82, giving four places of sealing, after A.

Issue

a. Franquinet, Reasoned Inventory of St. Gerlach, IV, 14-16, no. 10, after A.

One-line summaries

Haas, Inventory St. Gerlach, 71, reg. no. 11. - Idem, Chronological List, 51, reg. no. 112.

Date

The use of Easter style in the diocese of Liege has been assumed, see Camps, ONB I, XXI, and Dillo and Van Synghel, ONB II, XVII.

Origin

This charter has been written by the same hand that a few months earlier minted the charter of provost and convent of the monastery St. Gerlach, see infra no. 13. This hand is also closely related to the scribal hand that in 1254 wrote a charter for the lord of Valkenburg and an alderman's charter of Maastricht concerning a dispute involving the provost and the convent of St. Gerlach , see infra nos. 9, 10, 13 and 14. These originals also have the same identical characteristic formatting: the scribe has not written the charter text on the applied lines, but well above them.

Text edition

The distinction between c and t is not readily apparent.

Thorn

Number 14

Economic

1252 April 8

N. de Maceriis, canon of the chapter of St. John at Liege and officiant of Liege, announces that Elisabeth, nun of the abbey of Thorn, has made her will in his presence, in which, subject to her usufruct, she has donated all her goods, revenues and possessions to the abbey of Thorn and has determined their distribution between abbess, convent and canons.

Kloosterrade

Number 14

Economic

[probably 1171]

Erpo, abbot of Kloosterrade, promulgates the arrangement whereby Reimar, dean of the chapter of Wissel, purchased for the benefit of Kloosterrade abbey for eighty marks a farmstead at Linzenich and the fief of Gunther, on the condition that the abbey will pay him four marks twice a year during his lifetime and, after his death, will admit him to the prayer brotherhood and celebrate his annual anniversary.

St. Servaas Chapter

Number 14

1227 September 14

Bailiffs, aldermen and citizens of Maastricht promise to respect the privileges, liberties and rights of the Maastricht Chapter of St. Servaas.

Original

A. Maastricht, HCL, access no. 14.B002A, archives chapter of St. Servaas at Maastricht, 1062-1797, inv. no. 75. Bottom left, the plic contains two notches for the purpose of the transfigured vidimus dated September 25, 1455, mentioned in copy E.

Notes on reverse: ^1o by ^14th-century hand: ^VIIa / f IIII / De compositione inter ecclesiam et cives Traiectenses / XXXI. - ^2o by^16th-century hand: R. M I n. - ^3o by ^16th-century hand: anno 1227 / g I 9 / M. - ^4o by ^17th-century hand: In capsula Traiectensis / In capsula Traiectensis. - ^5o by ^17th-century hand: caps. 8 (obliterated, corrected in 24).-^6o by ^17th-century hand: Excopiatum nu. 10, compositionum.

Seal: one hanging affixed seal, announced, namely: S2 of the Brabant urban community of Maastricht, of brown wax, heavily damaged; and one affix, presumably for the announced seal of the Liège urban community of Maastricht (LS1). For a description and illustration of S2, see Venner, "Seals," no. 57.

Copies

B. late ^13th century, Maastricht, HCL, access no. 14.B002A, archives of the chapter of St. Servatius at Maastricht, 1062-1797, inv. no. 10 (cartularium) = [Liber privilegiorum], fol. 16r (= new fol. 33r), no. 31, after A. - [C]. September 25, 1455, not available, but known from a copy in Ibidem, idem, inv. no. 13 (cartularium) = [Liber privilegiorum et bonorum], fol. 8v-10r and fol. 39r-40v, vidimus by Bartholomeus de Eijck, dean of the St. Catharine Chapter at Eindhoven, formerly transcribed by A, to A. - D. ^17th century, Ibidem, idem, inv. no. 13 (cartularium) = [Liber privilegiorum et bonorum], fol. 1r, under the heading: Magistratus Traiectensis promittit servare privilegia et libertates ecclesie Sancti Servatii, anno 1227, possibly after A. - [E]. not available, but known from F, cartularium of the chapter of Saint Servatius at Maastricht = Liber A, fol. 981. - F. before 1768, Ibidem, access no. 22.001A, Manuscript Collection (former) Maastricht Municipal Archives, 14th-20th century, inv. no. 199a (cartulary) = Diplomata Trajectensia de anno 800 ad 1664, p. 303, under the heading: Schulteti, scabini etc. Traiectenses promittunt quod in perpetuum observabunt privilegia et libertates ecclesie Sancti Servatii concessas, 3 maii 1227, certified copy by G.J. Lenarts, city clerk of Maastricht, after B.

Expenses

a. Schaepkens, 'Emblěmes', 223, no. 1, after A. - b. Wauters, De l'origine, 101, after a copy in the ARA in Brussels (Registre des chartes déposées en 1498 et 1500, fol. 145). - c. De Borman, 'Notice', 38-39, after B. - d. Panhuysen, Studies Maastricht, 136-137, no. II, after B. - e. Van de Kieft, 'Recueil', 456-457, no. 35, after B and after ^15th-century copy in ARA Brussels. - f. DiBe, no. 18121, after e.

One-line summaries

Habets, Codex diplomaticus, 40, no. 62. - Nelis, Diplôme suspect, 139, no. 12. - Wauters, Table chronologique IV, 43. - Doppler, "Collection," 275-276, no. 105. - Haas, Chronological List, 38, no. 66. - Nuyens, Inventory of St. Servatius, 56, no. 75.

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St. Gerlach

Number 15

Economic

August 1259

Marcelis, parish priest of St. Jans Church in Maastricht, announces that Gerard van Amby and his wife Hildegonde donate to both the Cistercian monastery of Val-Dieu and the Premonstratensian monastery St. Gerlach in Houthem 4,000m2 of arable land in the village of Berg. This arable land depends on the court of Meerssen. After the death of both donors both monasteries will receive this arable land in hereditary possession.

Thorn

Number 15

Ecclesiastical

1261 June 10

Hildegonde, abbess of Thorn, asks master Reinier, scholar in Tongeren and procurator in spiritual matters of Hendrik III, bishop of Liege, to have the patronage right of the churches of Gilze, Baarle and Geertruidenberg, given by her (in a charter) to canons and nuns of Thorn, confirmed by the bishop of Liege. She transfers the patronage right because of the extraordinary lack of income of canons and nuns. The abbess also asks the bishop to ordain that the daughters of the churches mentioned be half churches, that the canons and convent sisters in these churches appoint priests who must personally reside there and hold the services, and that the priests of Gilze, Mertersem, Ginneken, Etten, Baarle, Meerle and Geertruidenberg receive appropriate, a specified income.

Kloosterrade

Number 15

Economic

[25 Dec. 1172 -] 1173 [24 Dec. 24]

Godfried III, duke of Lorraine, and his sons Hendrik and Adelbert, together with Hendrik III of Limburg, donate to Kloosterrade Abbey the part of the tithes at Lommersum, which Kunisa, daughter of Herman of Reifferscheid, held from them in fief and ceded in favour of the abbey.

St. Servaas Chapter

Number 15

April 1232

Emperor Frederick II approves the distribution of pews by provost and chapter of St. Servatius at Maastricht, assigning the pews of Mechelen and Tweebergen to the provost.

Original

A. Maastricht, HCL, access no. 14.B002A, archives chapter of St. Servaas at Maastricht, 1062-1797, inv. no. 926. Lined. Damaged with loss of text.

Notes on reverse: ^1o by ^15th-century hand: S. v / De separatione prepositi et ecclesie (hereafter supplemented by later hand) facta perFredericum,Romanorum imperatorem. - ^2o by ^16th-century hand: Anno 1232 / 316. - ^3o by ^17th-century hand: 5 capsula secunda. -^4o by ^17th-century hand: In capsula imperialium.

Seal: one confirmation for the announced seal of Emperor Frederick II (SD1).

Copies

B. late ^13th century, Maastricht, HCL, access no. 14.B002A, archives of the chapter of St. Servatius at Maastricht, 1062-1797, inv. no. 10 (cartularium) = [Liber privilegiorum], fol. 3v-4v (= new fol. 20v-21v), no. 6, after A. - C. 1640, Ibidem, idem, inv. no. 1741 (cartularium) = Liber sive regestum originis ecclesie Sancti Seruatii Traiec[tensis] illiusque privilegiorum, donationum ac iurium ex originalibus et libro chartarum manu Ioannis Choris, receptoris capituli, descriptorum, p. 71-72, under the heading: Confirmatio et licentia Frederici secundi faciendi divisionem inter bona prepositi et capituli, to A. - D. ^17th century, Ibidem, idem, inv. no. 12 (cartularium) = Cartularium ecclesie collegialis Sancti Servati (thus) Trajecti ad Mosam, tomus secundus, Documenta imperialia et ducalia, fol. 33v-34v, under caput: Imperialia, and under the heading: Approbatio concordie seu divisionis dominiorum facte inter prepositum et capitulum; (by other hand) presentem et aliam confirmationem fol. 45v, to A. - E. ^17th century, Ibidem, idem, inv. no. 13 (cartularium) = [Liber privilegiorum et bonorum], fol. 96r-96v, under the heading: Confirmatio imperialis super divisione bonorum prepositure, anno 1232 etc., vide fol. 93v, possibly to A. - [F]. ^17th century, not available, but known from c, copy on paper, after C. - G. before 1768, Ibidem, access no. 22.001A, Manuscript Collection (former) Maastricht Municipal Archives, 14th-20th century, inv. no. 199a (cartularium) = Diplomata Trajectensia de anno 800 ad 1664, p. 308, under the heading: Confirmatio et licentia Frederici secundi facienda divisionem inter bona prepositi et capituli, anno 1232 secunda aprilis, certified copy by G.J. Lenarts, city clerk of Maastricht, to B. - [H]. 1784, not available, but known from c, copy by J.H. Cruts, scholaster of the chapter of St. Servaas at Maastricht, after D.

Expenses

a. Huillard-Bréholles, Historia diplomatica IV-1, 322-323, after copy in a cartulary of the Chapter of Saint Servaas at Maastricht (held in Paris, Bibliothèque Nationale, Fonds Latin). - b. Bocholtz-Asseburg, Asseburger Urkundenbuch, 109-110, no. 157, after A. - c. Willemsen, "Inventaire," 167-170, no. 7 (dated April 1232), after [F] and [H]. - d. Hackeng, The Medieval Land Property, 317, no. 99b (incomplete), to a. - e. DiBe ID 19235, to a. - f. Friedl et al., Die Urkunden Friedrichs II. 1232-1236, 96-99, no. 1495, after A.

One-line summaries

See Friedl et al, Die Urkunden Friedrichs II. 1232-1236, 96.

Origin and coherence

According to Zinsmayer, Die Reichskanzlei, 149, the present charter is one of eighteen charters produced in a short period of about a year and a half by one of the five officials who alternately served in the imperial chancellery. Friedl et al, Die Urkunden Friedrichs II. 1232-1236, 97, identify the scriptor as notarius Johannes de Capua. The attribution of the dictation is problematic. The missing day indication in the datatio is a common phenomenon in the charters of Frederick II, see Ficker, Beiträge, 364-365. The charter of 1232 by Otto, provost of the Chapter of Our Lady in Aachen and the Chapter of St. Servaas in Maastricht, in which the banks are divided between the provostship and the Chapter of St. Servaas, rests in Paris, Bibliothèque Nationale, Fonds Latin, Manuscrits no. 9309. See further Hackeng, The Medieval Land Property, 41, 82-85 and 316, no. 99a (incomplete edition).

Text edition

The distinction between c and t is not readily apparent.

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St. Gerlach

Number 16

Ecclesiastical

April 1269

Hendrik, administrator of the convent St. Gerlach in Houthem, announces the decision he has taken at the request of the convent, of the nun Anna of St. Gerlach and of some of her friends. At the memorial service on the anniversary of the death of knight Gozewijn Dukere, five Liege shillings will be paid for a treat for the convent for the account of the goods at Weestenrode. Knight Gozewijn has assigned these goods to Anna for her maintenance. After Anna's death these goods are to become the property of the convent.

Thorn

Number 16

Economic

1261 August 2

Hendrik III, bishop of Liege, approves the grant of the patronage rights of the churches of Gilze, Baarle and Geertruidenberg by Hildegonde, abbess of Thorn, to canons and nuns of the abbey of Thorn. He also confirms the stipulations contained in her gift charter regarding the residence and income of the parish priests to be appointed.

Kloosterrade

Number 16

Economic

1175 [late July - December 24]

Filips I, Archbishop of Cologne, exhorts his nephew Goswijn to consider valid the donation by Adelheid, wife of Reinier van Beek, of the church of Spaubeek with the entire tithe and two farmsteads to Kloosterrade Abbey, over which a dispute had arisen, subject to guardianship.

St. Servaas Chapter

Number 16

December 1232

Emperor Frederick II, at the request of John, canon of the Chapter of St. Servaas at Maastricht, renews and confirms the charter granted by Emperor Henry IV dated 1087 to the Chapter of St. Servaas at Maastricht.

Original

A. Maastricht, HCL, access no. 14.B002A, archives chapter of St. Servaas at Maastricht, 1062-1797, inv. no. 39. Lined.

Annotation on reverse: ^1o by ^14th-century hand: Confirmatio Frederici de dato^Mo ^CCo ^XXXIIo. - ^2o by ^14th-century hand: De exemptione serviciarum faciendum dominis episcopalibus, confirmato per (partially under pasted piece of paper) Fredericum et inseritur exemptio prius facte per (partially under pasted piece of paper) Henricum, imperatorem, que est de data anno Domini M LXXXVII / b / E XIIII. - ^3o by ^16th-century hand: 1232. - 4o^by^17th-century hand: capsula imperialium. - 5o^by^18th-century hand: Exemptio I. and 4(crossed out).

Seal: one hanging confirmed seal, announced, namely: S1 of Emperor Frederick II, of white wax, damaged. For a description and illustration of S1, see Venner, "Seals," no. 45.

Copies

B. 1273 October 15, Maastricht, HCL, access no. 14.B002A, archives chapter of St. Servatius at Maastricht, 1062-1797, inv. no. 40, vidimus by Master Baudouin of Autre-Église, canon of the cathedral chapter at Liège and officiate of Liège, after A. - C. 1282 April 9, Ibidem, Idem, inv. no. 42, insertion in a charter of Roman King Rudolf I, to A. - D. late ^13th century, Ibidem, idem, access no. 14.B002A, Archives of the Chapter of Saint Servatius at Maastricht, 1062-1797, inv. no. 10 (cartularium) = [Liber privilegiorum], fol. 1r-1v (= new fol. 18r-18v), no. 1, after A. - E. ^17th century, Ibidem, idem, inv. no. 12 (cartularium) = Cartularium ecclesie collegialis Sancti Servati (thus) Trajecti ad Mosam, tomus secundus, Documenta imperialia et ducalia, fol. 34v-36v, under caput: Imperialia, and under heading: Capitulum Sancti Servatii soli pontifici et imperatoribus subest, dignitas cleri, sedes 20 episcoporum, after A. - [F]. not available, but known from G, cartularium of the chapter of Saint Servatius at Maastricht = Liber A, fol. 198. - G. before 1768, Ibidem, access no. 22.001A, Manuscript Collection (former) Maastricht Municipal Archives, 14th-20th century, inv. no. 199a (cartulary) = Diplomata Trajectensia de anno 800 ad 1664, p. 8, under the heading: Fredericus 2, imperator, confirmat privilegium Henrici quarti, Romanorum regis, capitulo Sancti Servatii, datum X indictio 1087, de eorum exemptione, in decembris, 7 indictione, possibly to [F]. - H. before 1768, Ibidem, idem, p. 373, under the heading: Fredericus, imperator, confirmat privilegium Henrici quarti, imperatoris, quo remittit ecclesie Sancti Servatii omne ius beneficialis servitii, anno 1252 ^6ta (later crossed out and changed to December 1232) decembris, possibly to D. - [I]. 1784, not available, but known from Willemsen, Inventaire, 167-170, no. 7, copy by J.H. Cruts, scholaster of the chapter of Saint Servatius at Maastricht, after E.

Expenses

a. Hackeng, The Medieval Land Property, 312, no. 96e (incomplete), after A. - b. DiBe ID 19371, after an eighteenth-century edition. - c. Friedl et al., Die Urkunden Friedrichs II. 1232-1236, 223-227, no. 1543, after A, see further there.

One-line summaries

See Friedl et al, Die Urkunden Friedrichs II. 1232-1236, 224.

Origin and coherence

According to Zinsmayer, Die Reichskanzlei, 149, the present charter is the last in a line of eighteen charters produced in a short period of about a year and a half by one of the five officials who alternated in the imperial chancellery.

Friedl et al., o.c., 224, identify the scriptor as notarius Johannes de Capua; the chrismon and name of the emperor may have been written by Johannes de Lauro or Albertus de Catania. The missing day indication in the datatio is a common phenomenon in the charters of Frederick II, see Ficker, Beiträge, 364-365. For the inscribed charter of Henry IV dated 1087, see Collection of St. Servatius, no. 2. For a confirmation and renewal of the present charter by Roman King Rudolf I dated 1282 April 9, see Collection of St. Servaas Chapter, no. 49. Two charters were issued in September 1233 authenticating the present charter at the request of the canons of the chapter of St. Servaas at Maastricht: one by the dean and chapter of Our Lady at Aachen and one by cantor and canons of the chapter of St. Adelbert at Aachen. Both charters survive in copy in a cartulary of St. Servatius (held in Paris, Bibliothèque Nationale, Fonds Latin, Manuscrits no. 10180, fol. 243v). For the vidimus dated 1273 Oct. 15 by Master Baudouin of Autre-Église, canon of the cathedral chapter in Liege and officiate of Liege, see Collection of St. Servatius Chapter, no. 35.

Text edition

The distinction between c and t is not readily apparent.

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St. Gerlach

Number 17

Economic

1269 December 5

Walram van Monschau, lord of Valkenburg, announces that he has exempted Jan Ruffus, citizen of Aachen and son-in-law of lord Godfried van Klimmen, together with his co-heirs and with Jan's own future heirs, from all the tributes on the court at Cardenbeek that are obligatory for him and his heirs. This on the condition that Jan Ruffus and his co-heirs, as well as their heirs, will deliver to Walram and his heirs 1 Was pound every year on 2 February.

Thorn

Number 17

Ecclesiastical

10 October 1262

Hildegonde, abbess of Thorn, ratifies the decree of Hendrik III. The bishop has decided this after a visitation by Master Reinier, scholar in Tongeren and his provisor in spiritual matters, who determined that the canons and nuns of Thorn could not live sufficiently from their prebends and fulfil their obligations. The cleric to be appointed will be required to receive or have received his priestly ordination, voluntarily renounce any benefice elsewhere and live in Baarle within one year of his appointment. He will be provided with an appropriate benefice; the remainder of the fruits of the church of Baarle will be used by the canons and nuns of Thorn to increase their prebends.

Kloosterrade

Number 17

Economic

[25 December 1175 -] 1176 [May].

Filips I, Archbishop of Cologne, confirms the monastery of Marienthal in possession of named property, including the court of Nentrode donated by Kloosterrade Abbey, subject to nine shares in the forest belonging to Ahrweiler; three of these shares are later transferred to Marienthal.

St. Servaas Chapter

Number 17

(1234) September 20

Roman King Henry VII orders the bailiff of Aachen to force the bishops and citizens of the diocese of Liège to stop obeying the bishop, after several exhortations to the bishop of Liège to stop bothering the chapter of St. Servaas at Maastricht and to reimburse the chapter for expenses of one hundred marks.

Original

A. Maastricht, HCL, access no. 14.B002A, archives chapter of St. Servaas at Maastricht, 1062-1797, inv. no. 53.

Notes on reverse: ^1o by ^14th-century hand: Mandatum regis / M VIII. - ^2o by ^14th-century hand: [Litte]ra quod episcopus Leodiensis aliquid agatur contra nos. - ^3o by ^16th-century hand: Q 2. -^4o by ^17th-century hand: 39. -^5o by ^17th-century hand: M VIII 3. - ^6o by ^17th-century hand: In capsula imperialium. - ^7o by ^18th-century hand: 44 crossed out.

The seal was not announced, nor is there any trace of a seal, contrary to Zinsmayer's mention of a dropped seal.

Copy

B. ^17th century, Maastricht, HCL, access no. 14.B002A, archives chapter of Saint Servatius at Maastricht, 1062-1797, inv. no. 12 (cartularium) = Cartularium ecclesie collegialis Sancti Servati (thus) Trajecti ad Mosam, tomus secundus, Documenta imperialia et ducalia, fol. 15r-v, with caput: Mandatum Henrici, imperatoris, ad scholtetum Aquensem ut compellat scholtetos et cives diocesis Leodiensis non solvere episcopo Leodiensi donec etc., possibly to A.

Expenses

a. Zinsmayer, "Eight unprinted Königsurkunden," 64, no. 7, to A. - b. DiBe ID 28119, to a.

One-line summaries

Doppler, "Collection," 284-285, no. 125. - Böhmer and Zinsmaier, Regesta imperii V, 83, no. 571. - Haas, Chronological List, 42-43, no. 82. - Nuyens, Inventory of St. Servatius, 53, no. 53.

Date

The present charter falls in the seventh year of indiction during the reign of Roman King Henry VII and can be dated 1234. This is confirmed by the royal charter issued the same day, see under Origin and consistency.

Origin and coherence

According to Zinsmayer, "Eight unprinted Königsurkunden," 643, the present charter was edited and written in the royal chancery. For an edition of the charter mentioned in the dispositio by Roman King Henry VII dated 20 September 1234 to bailiffs and citizens of Liège, Maastricht, Sint-Truiden, Huy, Tongres and Dinant, see DiBe ID 19834.

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St. Gerlach

Number 18

Economic

June 1270

Walram, lord of Valkenburg and Monschau, grants the convent of St. Gerlach in Houthem the possession of the road through the village for ever. This is for the benefit of his own soul and to combat the poverty of the sisters. This road must remain freely accessible to all believers, so that they can give alms to the sisters.

Thorn

Number 18

Ecclesiastical

10 October 1262

Hildegonde, abbess of Thorn, announces that Master Reinier, scholar in Tongeren and provisor in spiritual affairs of Hendrik III, bishop of Liege, has visited the monastery. He has discovered that the tithe of Gilze, which was unlawfully appropriated by nobles of Breda for many years, has been voluntarily returned to the abbey. The bishop has revoked the tithe as the right and property of the abbey and has determined that the prebends of canons and nuns will be equal in perpetuity and that the abbess, with their consent, will appoint a priest in the church of Gilze and chaplains in the subsidiary churches. The Bishop of Liege also grants to this parish priest an appropriate benefice. This ordinance of the bishop of Liege is ratified by the abbess of Thorn.

Kloosterrade

Number 18

Economic

[25 December 1175 -] 1176 [24 December].

Filips I, Archbishop of Cologne, certifies that Kunisa of Reifferscheid, together with her father, his heirs and her husband on the one hand, and Duke Godfried III of Louvain as feudal lord, together with his sons Hendrik, Adelbert and with Hendrik III of Limburg on the other hand, have transferred to Kloosterrade Abbey the part of the tithes of Lommersum, which Kunisa held in fief from Godfried.

St. Servaas Chapter

Number 18

(second quarter of thirteenth century)

The Chapter of Our Lady at Maastricht vidimates the charter of Emperor Henry IV dated 1087.

Original

A. Maastricht, HCL, access no. 14.B002A, archives chapter of St. Servaas at Maastricht, 1062-1797, inv. no. 37.

Notes on reverse: ^1oby^{14th- and}^16th-century hands: Transumptum privilegii Henrici imperatoris de exemptione ecclesie et prepositure sub sigillo capituli BeateMarie Traiectensis, datum^Mo ^LXXXVIIo. - 2o^by^16th-century hand: v / 2 4. - 3o^by^16th-century hand: Anno 1087. - ^4o by ^16th-century hand: f II. - ^5o by ^17th-century hand: In capsula imperialium. - 6o^by^18th-century hand: R. MJ nu. 25.

Seal: one confirmation, presumably for the announced seal of the Maastricht Chapter of Our Lady (SD1).

Copy

B. ^15th century, Maastricht, HCL, access no. 14.B001, archives chapter of Our Lady of Maastricht, 1096-1796, inv. no. 31 (cartulary), fol. 176r-177r, under the heading: Item tenores omnium et singulorum exhiborum sequuntur per ordinem in hunc modum et sunt tales, possibly after A.

Issue

Not previously published.

One-line summaries

Haas, Chronological List, 106, no. 295 (dated ^13th century). - Nuyens, Inventory of St. Servatius, 51, no. 37 (dated ^13th century).

Coherence

For the videotaped charter of Emperor Henry IV, see Saint Servatius Collection, no. 2.

Date

The present charter is not dated. Haas and Nuyens date it in the thirteenth century. Paleographic research indicates that the writing type is related to that of a charter of Arnoud, provost of the Chapter of St. Geron in Cologne, a charter of the Chapter of Our Lady in Maastricht, dated 1232 May and 1233 September (see Maastricht, HCL, access no. 14.B001, archives chapter of Our Lady at Maastricht, 1096-1796, inv. nos. 909 and 910), and a charter of the dean and chapter of St. Lambert at Liège dated 1244 May (see Ibidem, access no. 14.D033, archives proosdij Meerssen, 968-1746, inv. no. 1024). Consequently, we date this charter in the second quarter of the thirteenth century. Not unlikely is a dating c. 1232-1233, when the Chapter of Saint Servaas in Maastricht had the charter of Emperor Henry IV of 1087 renewed and confirmed by Emperor Frederick II in December 1232 (see Collection of Saint Servaas, no. 16) and asks for authentication to the dean and chapter of Our Lady at Aachen as well as to cantor and canons of St. Adelbert at Aachen in September 1233 (preserved in Paris, Bibliothèque Nationale, Fonds Latin, Manuscrits no. 10180, fol. 243v).

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St. Gerlach

Number 19

Economic

Walram, lord of Valkenburg and Monschau, testifies that knight Gerard van der Huven acknowledged in his presence the sale of part of the tithing of Spaubeek. This is done for a sum of money to the administrator, magistra and convent of the abbey of St. Gerlach in Houthem. It concerns rye to be transferred annually in perpetuity on St. Andrew's day (30 November). This sale took place with the consent of his late father, Dirk II, lord of Valkenburg. At the time of the sale knight Gerard held this tithing in fief from Dirk II. At the time of this testimony of lord Walram this tithing is in his possession as feudal lord. He too approves of this sale.

Thorn

Number 19

Ecclesiastical

13 October 1262

Hendrik III, bishop of Liege, announces that Reinier, scholaster in Tongeren and his provisor in spiritual matters, has revisited the abbey of Thorn at his request and with special commission. Since Reinier has found that the prebends of the canons and nuns are too small to live on, the bishop decides that the abbess, who holds the patronage of the church of Baarle, will install a priest there with the approval of canons and nuns. The clergyman to be appointed will be required to receive or have received his ordination, voluntarily renounce any benefice elsewhere and live in Baarle within one year of appointment. He will be provided with an appropriate benefice. The remainder of the fruits of the church of Baarle will be used by the canons and monastic sisters of Thorn to increase their prebends, which will be equal and remain equal forever.

Kloosterrade

Number 19

Economic

[5 April 1141- 24 December 1187; probably after 1153]

Agreement between Godschalk of Aubel and his wife on the one hand and Abbot Erpo and the entire convent of Kloosterrade on the other, whereby the former make a donation to the abbey for the acquisition of certain goods, on the condition that they will enjoy the usufruct thereof.

St. Servaas Chapter

Number 19

(1252) May 22

Roman King William (Count of Holland) orders the guardians, bailiffs, aldermen and citizens of Maastricht to respect the rights and privileges of the Chapter of St. Servaas at Maastricht and the staff there.

St. Gerlach

Number 20

Economic

24 November 1272

Margareta, nun of the convent of St. Gerlach in Houthem, daughter of Wolter and Oda van Stercbeeke, has bought 48,000m2 of land in Dirgarden for the benefit of an annual wine donation to the convent. She has also bought twelve shillings of Liege in Heek for the benefit of a donation to the convent on the feast days of St. Catharina, St. John the Evangelist and St. Nicholas. She has also bought 35kg of rye in Haasdal, to pay the convent for the memorial service on the anniversary of the death of Mathilde, formerly the lady of Berg. In the farmstead of Raar she has bought 9,540m2 of land to hold everlasting memorial services on the anniversary of the death of her father Wolter and her mother Oda van Stercbeeke. For the lamp of St. Gerlach in the church of St. Gerlach she has bought 4,000m2 of land, located there in the fields, and 35kg of rye in the court of Raar, to be paid annually for the lamp above the choir of the convent of St. Gerlach.

Thorn

Number 20

Ecclesiastical

1263 December 13

The convent of the abbey of Thorn announces that Aleid van Nathen, Aleid and Elisabeth, nuns of the convent, as well as the laymen Christiaan and Dirk and many others belonging to the families of the convent, owe a head tax to the church of Thorn annually on 11 November. Upon death a fee for the dead hand must be paid, as well as for permission to marry. Moreover, the church is their sole guardian.

Kloosterrade

Number 20

Legal

[25 December 1201 - 30 April 1211]

Rutger, abbot of Kloosterrade, settles a dispute between Gerard of Merz, loyal to the abbey, and Rutger, citizen of Ahrweiler, whereby the latter, against payment, must renounce his claims to vineyards which he had first pledged to said Gerard and later sold.

St. Servaas Chapter

Number 20

1255 September 9

Garsilius, dean, and the chapter of Our Lady at Aachen approve the agreement between Koenraad, cantor of the chapter, on the one hand, and the dean and chapter of St. Servaas at Maastricht, on the other, in which Koenraad, on behalf of the Chapter of Our Lady, transfers the ninth part (of the revenues) of the village and allodium of Dilsen in perpetual lease to the Chapter of St. Servaas in return for an annual payment of fifty shillings Liège.

St. Gerlach

Number 21

Economic

1273 May 19

Walram, lord of Valkenburg and Monschau, on the advice of his counsellors knight Arnoud, lord of Stein, knight Gozewijn van Borgharen, knight Jan van Haasdal and van Raas van Printhagen, has sold 240,000m2 of forest from his forest of Buchoit to Arnoud van Houthem. The intention is that it has been or will be turned into arable land. These 240,000m2, like the other fiefdoms that Arnoud van Houthem has from Walram, have been transferred as fiefdoms.

Thorn

Number 21

Legal

1265 September 30

Engelbert of Isenburg, archdeacon of Liege, and master Reinier, scholar in Tongeren and provisor of Hendrik III, bishop of Liege, put an end to the dispute between the archdeacon on the one hand and the canons and nuns of Thorn on the other hand concerning the receipt of the tithes of Mertersem and its appurtenances. Only the tithe of Gilze, Burgst and Overveld, which lies within the tithe area of the church of Mertersem, belongs to the priest of the church of Gilze. The rest of the tithing of Mertersem will forever go to the increase in the prebends of the canons and convent sisters of Thorn.

Kloosterrade

Number 21

Economic

April 1211

Hendrik I, duke of Lorraine and margrave, confirms, at the request of the abbot and convent of Kloosterrade and his uncle Hendrik III, duke of Limburg, the donation of the parish church of Lommersum and the tithes ─ including the right to acquire other goods attached to the church, which gift was made to the abbey by his great-grandmother Jutta, widow of Walram II, Duke of Limburg, when she entered the convent, and which was later confirmed by her descendants.

St. Servaas Chapter

Number 21

1257 May 12

Aldermen of Maastricht chartered that Benedicta, widow (of Adelbert of Wyck), and her sons Godfrey and Jan, priests, sold an annual excise of five shillings Luiks and two capons on a house at Wyck (at Maastricht) to Jan of Wyck, son of Basilea.

Original

A. Maastricht, HCL, access no. 14.B002A, archives chapter of St. Servaas at Maastricht, 1062-1797, inv. no. 443.

Notes on reverse: ^1o by ^14th-century hand: Littera V solidorum et II caponum tenetur relicta quondamAlbertiin Wiic. - ^2o by ^16th-century hand: n 39. -^3o by ^16th-century hand: 286 / 1257.

Sealing: two affixed seals, announced, namely: S1 of Boudewijn de Molendino, alderman of Maastricht, of brown wax, damaged. - S3 first seal of Daniel supra Forum, alderman of Maastricht, of brown wax, damaged; and one place of attachment, presumably for the announced seal of Godfrey, son of Lady Osa, alderman of Maastricht (LS2). For a description and illustration of S1 and S3, see Venner, "Seals Monastery of Sint-Gerlach," 161-162, and Idem, "Maastricht Aldermen's Seals," 170-171, fig. 14, respectively.

Copy

Not available.

Expenses

a. Doppler, "Schepenbrieven," 19-20, no. 1, after A. - b. Nève, The Thirteenth-Century Aldermen's Charters, 11-12 (with incomplete translation), no. 1257.05.12, after A.

One-line summaries

Haas, Chronological List, 51, no. 110. - Nuyens, Inventory of St. Servatius, 100, no. 443.

Identification

According to the dorsal annotation, Benedicta is the widow of Adelbert van Wyck.

Origin

This charter was written by a scriptor who municates aldermen's charters of Maastricht for the Wittevrouwenklooster at Maastricht dated December 1256, 22 (see Maastricht, HCL, access no. 14.D030, archives Klooster der Witte Vrouwen Maastricht, 1253-1796, inv. no. 59), for the Preachers at Maastricht dated November 1263, 6 (see Maastricht, HCL, access no. 14.D028, archives Monastery of the Preachers at Maastricht, 1261-179, inv. no. 83) and for two beguines dated January 1267, 25 (see Collection of St. Servaas Chapter, no. 26). Consequently, this scriptor can be located in the environment of the aldermanic court of Maastricht.

Text edition

The distinction between c and t is difficult to see.

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St. Gerlach

Number 22

Ecclesiastical

1273 May 28

Engelbert of Isenburg, archdeacon of the diocese of Liege, orders that the priest of Meerssen must promulgate a proposed appointment of a priest at Oirsbeek for three feast days, so that others can object to the archdeacon on 12 June and the monastery of St. Gerlach at Houthem can make another appointment decision. This is done because Walram, young lord of Valkenburg and Monschau, has previously donated the patronage right of Oirsbeek to the monastery of St. Gerlach.

Thorn

Number 22

Ecclesiastical

(before 3 April 1265)

Abbess Hildegonde and the convent of Thorn abbey, at the request of John, provost, Gillis, deacon, the archdeacon and the cathedral chapter at Liege as well as with the consent of Marsilius, Gundulf and Nicolaas of Welheim, priests, and Koenraad, canon of Thorn, distribute the monastery estates in discharge of debts.

Kloosterrade

Number 22

Economic

[25 Dec. 1211 -] 1212 [24 Dec.]

Rutger, abbot of Kloosterrade, proclaims the abbey's acquisition of property and income on several recent occasions.

St. Servaas Chapter

Number 22

1262 January 23

Aldermen of Maastricht certify that Dirk, monk of the abbey of Val-Dieu (at Aubel), as procurator of abbot and convent on the one hand and Hendrik Herync, citizen of Maastricht, on the other hand, have concluded an agreement under further conditions concerning the payment by Hendrik of an annual inheritance tax of one pound Liège to the abbey, to be paid from his residence at Vrijthof (at Maastricht).

Original

A. Maastricht, HCL, access no. 14.B002A, archives chapter of St. Servaas at Maastricht, 1062-1797, inv. no. 444.

Notes on the reverse: 1o^by^14th-century hand: Henricus dictus Herinc. - ^2o by ^14th-century hand: De XX solidis supra domum in qua moratur Manesius et alia domo contigua. - ^3o by ^16th-century hand: 333 / E 44. - ^4o by ^16th-century hand: 1261. -^5o by possibly ^16th-century hand: (after words crossed out) MR G.

Sealing: two affixed seals, announced, namely: S1 of Boudewijn de Molendino, alderman of Maastricht, of brown wax, damaged. - S2 of Godfrey, son of Lady Osa, alderman of Maastricht, of brown wax, damaged. For a description and illustration of S1 and S2, see Venner, "Seals Monastery Sint-Gerlach," 161-162 and 162.

Copy

Not available.

Issue

a. Nève, The thirteenth-century aldermanic charters, 13-14 (with incomplete translation), no. 1262.01.23, after A.

One-line summaries

Doppler, "Ships' Letters Supplement," 80, no. 1805. - Haas, Chronological List, 52, no. 115. - Nuyens, Inventory of St. Servatius, 101, no. 444.

Date

The use of the Easter style in the diocese of Liege has been assumed, see Camps, ONB I, XXI, and Dillo and Van Synghel, ONB II, XVII.

Origin

This charter was written by a scribe minting aldermanic charters of Maastricht for the White Women's Convent at Maastricht dated 1253 March 31, 1255 October 28, 1256 February 27, 1260 June 29, 1262 November 24 and 1266 January 13 (see Maastricht, HCL, access no. 14.D030, archives Klooster der Witte Vrouwen Maastricht, 1253-1796, inv. nos. 30, 58, 38, 60, 61-1 and 32), for a priest at Maastricht dated 1265 September 6 (see Collection of St. Servaas Chapter, no. 25), as well as a charter from Manegold, commander of the Teutonic Order at Mechelen, for the benefit of the White Women's Convent dated 1262 November 24 (see Ibidem, idem, inv. no. 61-2). Consequently, this scriptor can be located in the milieu of the aldermanic court of Maastricht.

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St. Gerlach

Number 23

Ecclesiastical

1273 June 12

Engelbert van Isenburg, archdeacon of the diocese of Liege, informs Anselm, deacon of the clergy of Susteren, that he has appointed Theobald, canon of St. Gerlach in Houthem, as the new priest of Oirsbeek because of the death of his predecessor Arnoud van Haren. Theobald has been nominated for this appointment by the provost and convent of St. Gerlach. Archdeacon Engelbert instructs deacon Anselm to actually put Theobald in possession of this pastoral office and to send him a written confirmation.

Thorn

Number 23

Ecclesiastical

1265 (3 April -25 March 1266)

Abbess Hildegonde and the convent of Thorn abbey announce that John, provost, Gillis, the deacon, the archdeacon and the cathedral chapter at Liege have determined that the abbey was burdened by many heavy debts. To discharge these debts, the abbess and convent, at the instigation of John, Gillis, the archdeacon and the cathedral chapter, at the command of the monastic community and on the advice of Marsilius, Gundulf and Nicolaas of Welheim, priests, and Koenraad, canon of Thorn, have drawn up a survey of the goods and revenues, with which the debts have been discharged. They ask John, Gillis, the archdeacon and the cathedral chapter at Liege to approve this division of goods and revenues.

Kloosterrade

Number 23

Economic

[25 December 1216 -] 1217 [24 December].

Hendrik III, duke of Limburg and margrave of Arlon, proclaims the acquisition by Rutger, abbot of Kloosterrade, of property on several occasions.

St. Servaas Chapter

Number 23

1263 November 4

Dirk, abbot of Siegburg, informs Louis, dean, and the chapter of St. Servaas at Maastricht that they recognize that the disputed tithe of the goods, called Manewerc, at Güls, as well as the other tithe of Güls, belongs to the chapter.

St. Gerlach

Number 24

Economic

1279 September 6

Willem, governor, and the convent of St. Gerlach in Houthem declare that with the consent of the deacon and chapter of St. Servaas church in Maastricht they have built a wall around their convent in the freehold of the chapter. For this they have acquired from that freehold, in the part of the wall on the side of Berg, both under the wall and inside it, 80m in length and 5.75m in width on the side of Berg. For this they will pay on the first Sunday after St. Andrew's to the St. Servaas Church an annual interest of two pence Liege in Berg. With this licence of the freehold the provost and convent of St. Gerlach acknowledge not having acquired any further rights in the goods of Saint Servaas.

Thorn

Number 24

Ecclesiastical

July 1266

Because of the great poverty of the abbey of Thorn, Hendrik, bishop of Utrecht, decides, after consulting lawyers, that the abbess of Thorn - to whom the right of appointment and nomination of the church of Avezaath belongs - will appoint a parish priest there as soon as the office becomes vacant. The clergyman to be appointed will be required to receive his ordination to the priesthood, voluntarily renounce any benefice elsewhere and live in Avezaath within a year of appointment. The bishop has endowed the priest with a benefice worth one-sixth of the large and small tithes of Zoelen, with the property and fields of the church of Avezaath, with the gifts and any new donations to the church. All other revenues of the church fall to the canons and convent sisters of Thorn to increase their prebends because of their poverty.

Kloosterrade

Number 24

Legal

1219 July 15

Walram III, count of Luxembourg and La Roche and margrave of Arlon, settles a dispute between Kloosterrade abbey and knight Rutger of Beggendorf, whereby the abbey redeems the annual remittance for a ceremonial bishop's robe (cappa).

St. Servaas Chapter

Number 24

1264 November 22

Louis, dean, and the chapter of St. Servatius at Maastricht incorporate Arnoud Nauta of Güls and his wife Cristantia into their fraternity and give them the vineyards at Güls in lifetime usufruct, which they donated to the chapter.

St. Gerlach

Number 25

Varia

1279 September 6

The deacon and chapter of St. Servaas Church in Maastricht state that they have received a charter from the administrator and convent of St. Gerlach in Houthem, dated 6 September 1279, and reproduce the text. This charter is about the construction of a wall around the monastery of St. Gerlach.

The deacon and Chapter of St. Servaas Church at Maastricht validate a charter of the provost and convent of St. Gerlach (at Houthem) dated 6 September 1279, concerning the construction of a wall around the monastery of St. Gerlach and confirm that they have received this charter.

Original

A. Maastricht, RHCL, access no. 14.D003, archive monastery St. Gerlach at Houthem, inv. no. 31, reg. no. 21. Lined.

Notes on reverse: 1º by last quarter ^14th-century hand: H II. - 2º by ^15th-centuryhand: De quittatione allodii unius bonarii terre siti infra muros monasterii. - 3º by ^17th-centuryhand: 1279. - 4º by ^18th-century hand: Num. 74.

Seal: one hanging affixed seal, announced, namely: S1 seal of the chapter of St. Servaas Church at Maastricht, of green wax, damaged. For a description and illustration, see Venner, "Seals monastery St. Gerlach', 155.

Copy

B.1735 Maastricht, RHCL, access no. 14.D003, archives monastery St. Gerlach at Houthem, inv. no. 1 (cartulary), p. 120-121, under the heading: Litere domini decani et capituli sancti Servatii Traiectensis de quittatione allodii unius bonnarii terre infra murum monasterii, and in the margin: Num. 74, specifying one place of sealing, after A.

Issue

a. Hackeng, The Medieval Land Property, 320, no. 101, incomplete, after A.

One-line summaries

Franquinet, Reasoned Inventory St. Gerlach, IV, 24, no. 20. - Haas, Inventory St. Gerlach, 75, reg. no. 21. - Idem, Chronological List, 73, reg. no. 186.

Origin and coherence

The present charter was issued together with two other charters concerning the construction of the wall on the same day, see infra nos. 24 and 26. The script of this charter differs greatly from the other charters in the fund of St. Gerlach by the use of the diplomatic minuscule with extremely long shanks, a very large interline with extra interval between lines 4 and 5 and 10 and 11, the large, highly decorated initial and the strangely turned over form of the plica. A possible localization of this scriptor in the chapter of St. Servaas has proved impossible due to the lack of comparative material from this period. Only one original has survived, dated 20-03-1275 (Maastricht, RHCL, access no. 14.B002A, archives Chapter of Saint Servaas at Maastricht, 1062-1797, inv. no. 422), issued by the provost of Saint Servaas, and this charter is written in Gothic italics.

Text edition

The distinction between c and t is not readily apparent.

Thorn

Number 25

Legal

15 November 1266

Jan, provost, Gillis, deacon, the archdeacon and the cathedral chapter of Liege render judgment in the dispute between Willem van Buggenum, parish priest of Beek, and the canons of Thorn concerning the levy, collection and possession of the great tithes within the boundaries of the church at Beek. Willem has stated, believing that he has the right to levy the great tithes in their entirety at Beek, that the canons have been unjustly collecting two-thirds of these tithes. He therefore demands that the canons of Thorn be ordered to return to him the estimated value of these tithes, which he believes they have collected unlawfully. After written and oral statements by both parties, provost, deacon, archdeacon and the cathedral chapter of Liege have rendered final judgment and have ruled in favour of the canons of Thorn.

Kloosterrade

Number 25

Economic

1224 August 16

Coenraad, bishop of Porto and St. Rufina and papal legate, takes the abbey of Kloosterrade with all its goods under his protection and confirms it in possession of the goods transferred by Jutta and her daughter Margaret.

St. Servaas Chapter

Number 25

1265 September 6

Aldermen of Maastricht chartered that Dirk, monk of the abbey of Val-Dieu (at Aubel), with the consent of abbot and convent, gave their house and yard, which belonged to Hendrik van Hagen, priest, and was situated on the Vrijthof (at Maastricht), to Lambert supra Forum, priest, as long as he lives and granted him an annual cijns of twelve shillings Luiks from another house on the Vrijthof, in which Adam resides.

An overview of all charters

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Inauthenticity

Localisation

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Dating and authenticity

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Dating and authenticity

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Authenticity

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Number 6

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