Augsburg Decision

In this decision, Frederick granted Duke Henry the Lion, who was in a dispute with Bishop Otto of Freising, the right to operate a toll bridge over the Isar at the newly formed marketplace near "Munichen." Henry had previously demolished an episcopal bridge in Feringa (Oberföhring), thereby forcing the Berchtesgaden salt merchants traveling north and west to use his own bridge, located a few kilometres further south.

Frederick confirmed Munich's market and minting rights, while requiring that a third of the resulting revenue be paid to the Prince-Bishopric of Freising. These payments were made to Freising until 1803, and then to the state of Bavaria until 1852, when the obligation was lifted in exchange for a one-time transfer fee.

In the Regensburg Decision of 1180, Frederick rescinded the rights previously granted to Henry in favor of Freising.

Traditionally, the document is usually referred to in German as the Augsburger Schied, or "Augsburg Arbitration," suggesting that Frederick arbitrated between Henry and Otto. According to its wording, however, the document actually constitutes a decision (decidere curavimus). It arises from the text that Frederick confirmed an agreement (conventio) that Henry and Otto had made, and the document expresses the consent and will (utriusque vestrum assensu et voluntate) of both parties to that agreement.^[1] For this reason, the document is also referred to in more recent literature as the Augsburger Vergleich, or "Augsburg Settlement."

 

The Augsburg Decision is significant for the history of Munich, as it includes the first documented mention of the place name Munich (Munichen). For this reason, it is often called Munich's founding document by Munich historians. For example, at the end of the 19th century, a limited-edition folder was printed under this designation using collagraphy, which contained a facsimile of the document, its Latin text, and a German translation. A copy of this print can be seen in the Munich City Museum, whereas the original is stored in the Bavarian State Archive in Munich. A fragment of a seal can be seen in the facsimile; that seal fragment has been loosely enclosed with the original ever since it was restored.

However, this designation of founding document is incorrect in many respects. For one thing, the document did not establish Munich; rather, it mentions a preexisting marketplace for the first time. For another, the term civitas was not used for Munich until the 13th century; initially it was a forum, and then a villa. This means that Munich only gradually grew into a city. Moreover, the document talks of a "forum apud Munichen," or a marketplace near Munich. Hence, "Munichen" does not necessarily refer to Henry the Lion's new foundation, but could also refer to an already existing settlement in the vicinity of the newly established marketplace. For example, such a settlement is thought to have existed in a district outside Munich's first city wall, which received the name Altheim after the name Munich was transferred to the new site.

• Urkundliche Ersterwähnung Münchens in einem Kaiserdiplom Friedrich I. Barbarossas (high-resolution digital copy on the Bavarian cultural website bavarikon)