crimes was a substitute for royal control of local justice—this had to be
left to the regional associations of aristocrats which remained at the
core of every peace. The duchy, county, and ecclesiastical advocacy
were redefined as the power to enforce the stern justice of the Land-
frieden.^88 Already in 1151 Conrad III had invested the archbishop of
Cologne with ducatusbetween the Rhine and the Meuse, in the hope
that he would be able to restore peace to a troubled region. In 1156, by
what has been called ‘the Magna Carta of the German territorial state’,
Barbarossa created an entirely new type of duchy when he made the
East Mark of Bavaria the ducatus of Austria for his uncle Henry
Jasomirgott. This duchy was not based on tribal solidarity but on a grant
of explicit powers within defined boundaries, of which the first was that
no one should presume to exercise any justice without the duke’s per-
mission. For his own duchy, Frederick was sometimes to be found hold-
ing court at Ulm ‘and providing carefully for the state’ of Swabia.^89
As they competed for empire in 1207–8, Frederick’s son Philip of
Swabia and the Welf Otto of Brunswick took it in turns to order firm
peace to be established (stabilire) in Germany, ancient rights (iura a
Karolo Magno instituta) to be observed, and the unjust imposition of
new tolls and coinage to be ended. Peace-ordinances thus brought
another area of activity within the purview of the territorial state. The
exaction of tolls and conductus, the right to escort merchants through
their lands and charge for it, were vital components of lordship in
Germany.^90 When Barbarossa’s grandson Frederick II, the last and most
spectacular of the Hohenstaufen kings, prepared to leave Germany in
1220 to seek imperial coronation at Rome, restore order in his other
kingdom of Sicily, and embark on a crusade, he tried to ensure the
prelates’ loyalty in his absence by issuing a ‘privilege in favour of the
ecclesiastical princes’. First in this grant of exclusive jurisdiction within
their territories stands the abolition of the new tolls and money which
had been introduced during ‘the long perturbation of the empire’ and
wars between advocates, and a promise to protect the churches’ ancient
tolls and minting rights.^91
German Landfrieden 95(^88) Arnold, Princes and Territories, 6, 25, 44–5, 62–5, 72, 95, 99, 101, 104–5, 118, 187–95;
T. Reuter, ‘The Origins of the German Sonderweg? The Empire and its Rulers in the High
Middle Ages’, in Kings and Kingship in Medieval Europe, ed. A. J. Duggan (King’s College
London, 1993), 189–91.
(^89) Friderici I Diplomata, 1152–1158, 259, 270; Friderici I Diplomata, 1168–1180, 5–7;
Gesta Frederici, ed. Schmale, 276, 388–90, 428; Peter Munz, Frederick Barbarossa: A Study
in Medieval Politics(London, 1969), 107.
(^90) Annales maximi Colonienses, in MGH Scriptores rerum Germanicarum 18, ed.
G. H. Pertz (Hanover, 1880), 822–3; Friderici I Diplomata, 1152–1158, 282–4, for a royal
adjudication half a century earlier of complaints of the imposition of new tolls between
Bamberg and Mainz; Arnold, Princes and Territories, 71–2, 177–9, 204–5.
(^91) Constitutiones et Acta Publica Imperatorum et Regum: 1198–1272, ed. L. Weiland,