A SOURCE BOOK FOR
MEDIÆVAL HISTORY
SELECTED DOCUMENTS ILLUSTRATING
THE HISTORY OF EUROPE IN
THE MIDDLE AGE
BY
OLIVER J. THATCHER, Ph.D.
AND
EDGAR HOLMES McNEAL, Ph.D.
PROFESSOR OF EUROPEAN HISTORY IN THE OHIO STATE UNIVERSITY
CHARLES SCRIBNER'S SONS
NEW YORK CHICAGO BOSTON
_Copyright, 1905, by_ CHARLES SCRIBNER'S SONS
Printed In the United States of America
PREFACE
The use of original sources in the teaching of mediæval history is still
hampered by the scarcity of material adapted to the needs of the
student. This situation is sufficient excuse for the publication of a
new book of translations of important mediæval documents, if such a book
does more than reedit old material--if it presents, along with the usual
and familiar sources, documents not elsewhere translated or brings
together documents not otherwise easily accessible. We believe the
present work does that, and that it also makes the use of this material
more practicable by giving fuller notes and explanations than has
usually been attempted.
Our purpose in general has been to present material touching only what
may be called the most important matters (persons, events, movements,
institutions, and conditions) of the whole mediæval period. We have not
tried to make a complete source-book for the period, but only to offer
in usable form illustrative material which may be of service to both
teacher and student in general or information courses. Each document is
meant to illustrate or illumine one particular thing. While it may throw
light on many other things, the teacher should be warned not to attempt
to deduce from these few documents the whole history and life of the
Middle Age.
We are fully aware that in the choice of documents we shall not please
all. Many of the documents here given are clearly essential and must be
found in such a book as we have tried to make. Concerning all such there
can be no question. As to the others, there are hundreds of documents
which would serve our purpose quite as well as those we have used,
perhaps even better. In making our selections we have been guided by a
great variety of considerations which it would be useless to enumerate.
While another would have made a different selection, we believe that the
documents which we present really illustrate the matter in question, and
therefore will be found satisfactory. With this we shall be quite
content. The necessity of selection has also led us to omit the
political history of France and England. We felt that we could properly
leave out English documents, because there are already several excellent
collections of English sources, such as those of Lee, Colby, Adams, and
Stephens, etc. In regard to France we were in doubt for some time, but
the desire to keep the size of the book within certain limits at length
prevailed. We hope, however, to atone for this omission by publishing
soon a small collection of documents relating exclusively to France.
It will be observed that we have made use chiefly of documents, quoting
from chronicles only when it seemed absolutely necessary. An exception
to this general principle is found in section I, where a larger use of
chronicles was rendered necessary by the lack of documentary sources for
much of the period covered; but it is perhaps unnecessary to apologize
for presenting selections from the important histories of Tacitus,
Gregory, Einhard, and Widukind. In the matter of form (translation,
omissions, arrangements, notes, etc.), we were guided by considerations
of the purpose of the book. The style of most of the documents in the
original is involved, obscure, bombastic, and repetitious. A faithful
rendition into English would often be quite unintelligible. We have
endeavored to make a clear and readable translation, but always to give
the correct meaning. If we have failed in the latter it is not for want
of constant effort. We have not hesitated to omit phrases and clauses,
often of a parenthetical nature, the presence of which in the
translation would only render the passage obscure and obstruct the
thought. As a rule we have given the full text of the body of the
document, but we have generally omitted the first and last paragraphs,
the former containing usually titles and pious generalities, and the
latter being composed of lists of witnesses, etc. We have given a
sufficient number of the documents in full to illustrate these features
of mediæval diplomatics. All but the most trivial omissions in the text
(which are matters rather of form of translation) are indicated thus:
... Insertions in the text to explain the meaning of phrases are
inclosed in brackets [ ]. Quotations from the Bible are regularly given
in the words of the Authorized Version, but where the Latin (taken from
the Vulgate) differs in any essential manner, we have sometimes
translated the passage literally.
Within each section the documents are arranged in chronological order,
except in a few cases where the topical arrangement seemed necessary. We
believe that the explanatory notes in the form of introductions and
foot-notes will be found of service; they are by no means exhaustive,
but are intended to explain the setting and importance of the document
and the difficult or obscure passages it may contain. The reference to
the work or the collection in which the original is found is given after
the title of practically every document; the meaning of the references
will be plain from the accompanying bibliography. The original of nearly
all the documents is in Latin; some few are in Greek, Old French, or
German, and in such cases the language of the original is indicated.
It is impossible, of course, to give explicit directions as to the use
of the book, other than the very obvious methods of requiring the
student to read and analyze the documents assigned in connection with
the lesson in the text-book, and of making clear to him the relation of
the document to the event. It may be possible also for the teacher to
give the student some notion of the meaning of "historical method";
_e.g._, the necessity of making allowance for the ignorance or the bias
of the author in chronicles, or the way in which a knowledge of
institutions is deduced from incidental references in documents.
Suggestions of both sorts will be found in the introduction and notes.
The teacher should insist on the use of such helps as are found in the
book: notes, cross-references, glossary, etc. Groups of documents can be
used to advantage in topical work: assigned topics worked up from
authorities can be illustrated by documents selected from the book;
_e.g._, imperial elections, papal elections, the Normans in Sicily,
history of the Austrian dominions, Germans and Slavs on the eastern
frontier, relations of the emperors and the popes before the investiture
strife, etc.
TABLE OF CONTENTS
page
Section I. The Germans and the Empire to 1073 1-81
1. Selections from the Germania of Tacitus, _ca._ 100 2
2. Procopius, Vandal war 11
3. Procopius, Gothic war 12
4. The Salic law, _ca._ 500 14
5. Selections from Gregory of Tours 26
6. The coronation of Pippin, 751 37
7. Einhard's Life of Karl the Great 38
8. The imperial coronation of Karl the Great, 800 48
9. General capitulary about the _missi_, 802 48
10. Selections from the Monk of St. Gall 51
11. Letter of Karl the Great to Baugulf, 787 55
12. Letter of Karl about the sermons of Paul the Deacon 56
13. Recognition of Karl by the emperors at Constantinople, 812 57
14. Letter of Karl to emperor Michael I, 813 58
15. Letter to Ludwig the Pious about a comet, 837 59
16. The Strassburg oaths, 842 60
17. The treaty of Verdun, 843. Annales Bertiniani 62
18. The treaty of Verdun. Regino 63
19. The treaty of Meersen, 870 64
20. Invasion of the Northmen, end of the ninth century 65
21. Invasion of the Hungarians, _ca._ 950 65
22. Dissolution of the empire. Regino 66
23. The coronation of Arnulf, 896. Regino 69
24. Rise of the tribal duchies in Germany, _ca._ 900. Saxony 69
25. Rise of the tribal duchies. Suabia 70
26. Henry I and the Saxon cities 71
27. The election of Otto I, 936 72
28. Otto I and the Hungarians, 955 75
29. The imperial coronation of Otto I, 962 78
30. The acquisition of Burgundy by the empire, 1018-32.
Thietmar of Merseburg 79
31. The acquisition of Burgundy. Wipo, Life of Conrad II 79
32. Henry III and the eastern frontier, 1040-43 80
Section II. The Papacy to the Accession of Gregory VII, 1073 82-131
33. Legislation concerning the election of bishops,
fourth to ninth centuries 83
34. Pope to be chosen from the cardinal clergy 84
35. The Petrine theory as stated by Leo I, 440-461 85
36. The emperor gives the pope secular authority, 554 86
37. Letter from the church at Rome to the emperor at
Constantinople, _ca._ 650 87
38. Letter from the church at Rome to the exarch of
Ravenna, _ca._ 600 89
39. Gregory I sends missionaries to the English, 596. Bede 92
40. The oath of Boniface to Gregory II, 723 93
41. Letter of Gregory II to emperor Leo III, 726 or 727 95
42. Gregory III excommunicates iconoclasts, 731 101
43. Letter of Gregory III to Karl Martel, 739 101
44. Promise of Pippin to Stephen II, 753, 754 102
45. Donation of Pippin, 756 104
46. Promise of Karl to Adrian I, 774 105
47. Letter of Karl to Leo III, 796 107
48. Karl exercises authority in Rome, 800 108
49. Oath of Leo III before Karl, 800 108
50. Oath of the Romans to Ludwig the Pious and Lothar, 824 109
51. Letter of Ludwig II to Basil, emperor at
Constantinople, 871 110
52. Papal elections to be held in the presence of the
emperor's representatives, 898 113
53. Oath of Otto I to John XII, 961 114
54. Otto I confirms the pope in the possession of his
lands, 962 115
55. Leo VIII grants the emperor the right to choose
popes, 963 118
56. Letter of Sylvester II to Stephen of Hungary, 1000 119
57. Henry III deposes and creates popes, 1048 121
58. Oath of Robert Guiscard to Nicholas II, 1059 124
59. Papal election decree of Nicholas II, 1059 126
Section III. The Struggle between the Empire and the
Papacy, 1073-1250 132-259
60. Prohibition of simony and marriage of the clergy, 1074 134
61. Simony and celibacy; Roman council, 1074 134
62. Celibacy, 1074 135
63. Celibacy, ninth general council in the Lateran, 1123 135
64. Prohibition of lay investiture, 1078 136
65. Dictatus papæ, _ca._ 1090 136
66. Letter of Gregory VII commending his legates, 1074 139
67. Oath of the patriarch of Aquileia to Gregory VII, 1079 140
68. Oath of Richard of Capua to Gregory VII, 1073 140
69. Letter of Gregory VII to the princes wishing to
reconquer Spain, 1073 142
70. Letter of Gregory VII to Wratislav, duke of Bohemia, 1073 143
71. Letter of Gregory VII to Sancho, king of Aragon, 1074 143
72. Letter of Gregory VII to Solomon, king of Hungary, 1074 144
73. Letter of Gregory VII to Demetrius, king of Russia, 1075 145
74. Letter of Gregory VII to Henry IV, 1075 146
75. Deposition of Gregory VII by Henry IV, 1076 151
76. Letter of the bishops of Germany to Gregory VII, 1076 153
77. First deposition and excommunication of Henry IV by
Gregory VII, 1076 155
78. Agreement at Oppenheim, 1076 156
79. Edict annulling the decrees against Gregory VII, 1076 157
80. Letter of Gregory VII concerning the penance of Henry IV
at Canossa, 1077 157
81. Oath of Henry IV 160
82. Countess Matilda gives her lands to the church, 1102 160
83. First privilege of Paschal II to Henry V, 1111 161
84. Second privilege of Paschal II to Henry V, 1111 163
85. Concordat of Worms, 1122. Promise of Calixtus II 164
86. Concordat of Worms. Promise of Henry V 165
87. Election notice, 1125 166
88. Anaclete II gives title of king to Roger of Sicily, 1130 168
89. Coronation oath of Lothar II, 1133 169
90. Innocent II grants the lands of Countess Matilda to
Lothar II, 1133 170
91. Letter of Bernard of Clairvaux to Lothar II, 1134 171
92. Letter of Bernard of Clairvaux to Conrad III, 1140 172
93. Letter of Conrad III to John Comnenus, 1142 173
94. Letter of Wibald, abbot of Stablo, to Eugene III, 1150 174
95. Letter of Frederick I to Eugene III, 1152 176
96. Answer of Eugene III, 1152 178
97. Treaty of Constance, 1153 178
98. Stirrup episode, 1155 180
99. Treaty of Adrian IV and William of Sicily, 1156 181
100. Letter of Adrian IV to Frederick I, 1157 183
101. Manifesto of Frederick I, 1157 186
102. Letter of Adrian IV to Frederick I, 1158 187
103. Definition of regalia, 1158 188
104. Letter of Eberhard, bishop of Bamberg, 1159 190
105. Letter of Alexander III in regard to disputed papal
election of 1159 192
106. Letter of Victor IV, 1159 194
107. Account given by Gerhoh of Reichersberg, _ca._ 1160 196
108. Preliminary treaty of Anagni, 1176 196
109. Peace of Constance, 1183 199
110. Formation of the duchy of Austria, 1156 202
111. The bishop of Würzburg becomes a duke, 1168 203
112. Decree of Gelnhausen, 1180 205
113. Papal election decree of Alexander III, 1179 207
114. Innocent III to Acerbius, 1198 208
115. Innocent III grants the pallium to the archbishop of
Trnova, 1201 208
116. Innocent III to the archbishop of Auch, 1198 209
117. Innocent III commands all in authority to aid his
legates, 1198 210
118. Innocent III to the king of Aragon, 1206 211
119. Innocent III to the French bishops, 1198 211
120. Innocent III forbids violence to the Jews, 1199 212
121. Innocent III to the archbishop of Rouen, 1198 213
122. Innocent III forbids laymen to demand tithes from the
clergy, 1198 213
123. Oath of the prefect of Rome to Innocent III, 1198 214
124. Oath of John of Ceccano to Innocent III, 1201 215
125. Innocent III to the archbishop of Messina, 1203 216
126. Innocent III to the English barons, 1206 217
127. Innocent III to Peter of Aragon, 1211 218
128. Innocent III grants the title of king to the duke of
Bohemia, 1204 218
129. Innocent III to the English barons, 1216 219
130. Innocent III decides the disputed election of Frederick,
Philip of Suabia, and Otto, 1201 220
131. Treaty between Philip of Suabia and Philip II of France,
1198 227
132. Alliance between Otto IV and John of England, 1202 228
133. Concessions of Philip of Suabia to Innocent III, 1203 228
134. Promise of Frederick II to Innocent III, 1213 230
135. Promise of Frederick II to resign Sicily, 1216 232
136. Concessions of Frederick II to the ecclesiastical
princes, 1220 233
137. Decision of the diet concerning new tolls and mints, 1220 236
138. Frederick II gives a charter to the patriarch of
Aquileia, 1220 237
139. Statute of Frederick II in favor of the princes, 1231-32 238
140. Treaty of San Germano, 1230. Preliminary agreement 240
141. Papal stipulations in treaty of San Germano 242
142. Letter of Gregory IX about the emperor's visit, 1230 244
143. Papal charges and imperial defence, 1238 245
144. Excommunication of Frederick II, 1239 254
145. Current stories about Frederick II. Matthew of Paris 256
Section IV. The Empire, 1250-1500 260-308
146. Diet of Nürnberg, 1274 260
147. The German princes confirm Rudolf's surrender of Italy,
1278-79 263
148. Revocation of grants of imperial lands, 1281 265
149. Electoral "letter of consent," 1282 265
150. Letter of Rudolf to Edward I of England, 1283 266
151. Decree against counterfeiters, 1285 267
152. The beginning of the Swiss confederation, 1290 267
152 a. Edict of Rudolf, in regard to Schwyz, 1291 269
153. Concessions of Adolf of Nassau to the archbishop of
Cologne, 1292 270
154. The archbishop of Mainz confirmed as archchancellor of
Germany, 1298 276
155. Declaration of the election of Henry VII, 1308 277
156. Supplying of the office of archchancellor of Italy, 1310 278
157. The law "Licet juris," 1338 279
158. The diet of Coblenz, 1338. Chronicle of Flanders 281
159. The diet of Coblenz. Chronicle of Henry Knyghton 282
160. The Golden Bull of Charles IV, 1356 283
160 a. Complaint of the cities of Brandenburg to
Sigismund, 1411 306
160 b. Sigismund orders the people to receive Frederick of
Hohenzollern as governor, 1412 307
Section V. The Church, 1250-1500 309-340
161. Bull of Nicholas III condemning heretics, 1280 309
162. Bull "Clericis laicos" of Boniface VIII, 1298 311
163. Boniface VIII announces the jubilee year, 1300 313
164. The bull "Unam sanctam" of Boniface VIII, 1302 314
165. The conclusions of Marsilius of Padua, 1324 317
166. Condemnation of Marsilius of Padua, 1327 324
167. Beginning of the schism; manifesto of the revolting
cardinals, 1378 325
168. The University of Paris and the schism, 1393 326
169. Council of Pisa declares itself competent to try
popes, 1409 327
170. Oath of the cardinals, council of Pisa, 1409 328
171. Council of Constance claims supreme authority, 1415 328
172. Reforms demanded by the council of Constance, 1417 329
173. Concerning general councils, council of Constance, 1417 331
174. Bull "Execrabilis" of Pius II, 1459 332
175. William III of Saxony forbids appeals to foreign
courts, 1446 333
176. Establishment of the university of Avignon, 1303 334
177. Popular dissatisfaction with the wealth of the church,
_ca._ 1480 336
178. Complaints of the Germans against the pope, 1510 336
179. Abuses in the sale of indulgences, 1512 338
Section VI. Feudalism 341-387
180. Form for the creation of an "antrustio" by the king 342
181. Form for suspending lawsuits 343
182. Form for commendation 343
183. Form for undertaking lawsuits 344
184. Form for gift of land to a church 345
185. Form for precarial letter 346
186. Form for precarial letter 347
187. Form for precarial letter 347
188. Form for gift of land to be received back and held
in perpetuity for a fixed rent 348
189. Treaty of Andelot, 587 348
190. Precept of Chlothar II, 584-628 350
191. Grant of immunity to a monastery, 673 351
192. Form for grant of immunity to a monastery 352
193. Form for grant of immunity to a secular person 352
194. Grant of immunity to a secular person, 815 353
195. Edict of Chlothar II, 614 355
196. Capitulary of Kiersy, 877 355
197. Capitulary of Lestinnes, 743 357
198. Capitulary of Aquitaine, 768 357
199. Capitulary of Heristal, 779 358
200. General capitulary to the missi, 802 358
201. Capitulary to the missi, 806 358
202. Capitulary of 807 359
203. General capitulary to the missi, 805 359
204. Capitulary of 811 359
205. Capitulary of Worms, 829 360
206. Capitulary of Aachen, 801-813 360
207. Agreement of Lothar, Ludwig, and Charles, 847 360
208. Capitulary of Bologna, 811 361
209. Homage 363
210. Homage 364
211. Homage 364
212. Homage 364
213. Homage 364
214. Homage of Edward III to Philip VI, 1329 365
215. Feudal aids 367
216. Feudal aids 367
217. Feudal aids, etc 367
218. Homage of the count of Champagne to the duke of
Burgundy, 1143 368
219. Homage of the count of Champagne to Philip II, 1198 369
220. Homage of the count of Champagne to the duke of
Burgundy, 1200 371
221. Letter of Blanche of Champagne to Philip II, 1201 371
222. Letter of Philip II to Blanche 372
223. Homage of the count of Champagne to the bishop of
Langres, 1214 372
224. Homage of the count of Champagne to the bishop of
Châlons, 1214. 373
225. Homage of the count of Champagne to the abbot of St.
Denis, 1226 373
226. List of the fiefs of the count of Champagne,
_ca._ 1172 374
227. Sum of the knights of the count of Champagne 375
228. Extent of the domain lands of the count of
Champagne, _ca._ 1215 377
229. Feudal law of Conrad II, 1037 383
230. Feudal law of Frederick I for Italy, 1158 385
Section VII. Courts, Judicial Processes, and the Peace 388-431
231. Sachsenspiegel 391
232. Frederick II appoints a justiciar and a court
secretary, 1235 398
233. Peace of Eger, 1389 399
234. Ordeal by hot water 401
235. Ordeal by hot iron 404
236. Ordeal by cold water 406
237. Ordeal by cold water 408
238. Ordeal by the barley bread 409
239. Ordeal by bread and cheese 410
240. Peace of God, 989 412
241. Peace of God, 990 412
242. Truce of God, 1035-41 414
243. Truce of God, _ca._ 1041 416
244. Truce of God, 1063 417
245. Peace of the land, Henry IV, 1103 419
246. Peace of the land for Elsass, 1085-1103 419
247. Decree of Frederick I concerning the peace, 1156 422
248. Peace of the land for Italy, Frederick I, 1158 425
249. Perpetual peace of the land, Maximilian I, 1495 427
250. Establishment of a supreme court, 1495 430
Section VIII. Monasticism 432-509
251. The rule of St. Benedict, _ca._ 530 432
252. Oath of the Benedictines 485
253. Monk's vow 485
254. Monk's vow 485
255. Monk's vow 486
256. Monk's vow 486
257. Written profession of a monk 486
258. Ceremony of receiving a monk into the monastery 488
259. Offering of a child to the monastery 489
260. Offering of a child to the monastery 489
261. Commendatory letter 489
262. Commendatory letter 490
263. General letter 490
264. Letter of dismissal 490
265. Rule of St. Chrodegang, _ca._ 744 491
265 a. Origin of the Templars, 1119 492
266. Anastasius IV grants privileges to the Knights of
St. John, 1154 494
267. Innocent III to the bishops of France; simony in the
monasteries, 1211 496
268. Innocent III grants the use of the mitre to the abbot
of Marseilles, 1204 497
269. Rule of St. Francis, 1223 498
270. Testament of St. Francis, 1220 504
271. Innocent IV grants friars permission to ride on
horseback, 1250 508
272. Alexander IV condemns attacks on the friars, 1256 508
273. John XXII condemns the theses of John of Poilly, 1320 509
Section IX. The Crusades 510-544
274. Origen, Exhortation to martyrdom, 235 510
275. Origen, Commentary on Numbers 511
276. Leo IV (847-855); indulgences for fighting the heathen 511
277. John II; indulgences for fighting the heathen, 878 512
278. Gregory VII calls for a crusade, 1074 512
279. Speech of Urban II at the council of Clermont, 1095.
Fulcher of Chartres 513
280. Speech of Urban II. Robert the Monk 518
281. Truce of God and indulgences proclaimed at the
council of Clermont 521
282. Ekkehard of Aura, Hierosolimita; the first crusade 522
283. Anonymi Gesta Francorum, 1097-99 523
284. Eugene III announces a crusade, 1145 526
285. Otto of St. Blasien; the third crusade, 1189-90 529
286. Innocent III forbids the Venetians to traffic with
the Mohammedans, 1198 535
287. Innocent III takes the king of the Danes under
his protection, 1210 537
288. Innocent III announces a crusade, 1215 537
Section X. Social Classes and Cities in Germany 545-612
289. Otto III forbids the unfree classes to attempt to
free themselves, _ca._ 1000 545
290. Henry I frees a serf, 926 546
291. Henry III frees a female serf, 1050 547
292. Recovery of fugitive serfs, 1224 548
293. Rank of children born of mixed marriages, 1282 549
294. Frederick II confers nobility, _ca._ 1240 549
295. Charles IV confers nobility on a "doctor of
both laws," 1360 550
296. Law of the family of the bishop of Worms, 1023 551
297. Charter of the ministerials of the archbishop of
Cologne, 1154 563
298. The bishop of Hamburg grants a charter to
colonists, 1106 572
299. Privilege of Frederick I for the Jews, 1157 573
300. The bishop of Speyer grants a charter to the Jews, 1084 577
301. Lothar II grants a market to the monastery of Prüm, 861 579
302. Otto I grants a market to the archbishop of Hamburg, 965 580
303. Otto III grants a market to count Berthold, 999 581
304. Merchants cannot be compelled to come to a market, 1236 581
305. Market courts to be independent of local courts, 1218 582
306. Otto I grants jurisdiction over a town to the abbots
of New Corvey, 940 582
307. The ban-mile, 1237 583
308. Citizens of Cologne expel their archbishop, 1074 584
309. People of Cologne rebel against their archbishop, 1074 585
310. Confirmation of the "immediateness" of the citizens of
Speyer, 1267 586
311. Summons to an imperial city to attend a diet, 1338 587
312. Grant of municipal freedom to a town, 1201 587
313. Extension of the corporate limits of the city of
Brunswick, 1269 588
314. Decision of the diet about city councils in
cathedral towns, 1218 589
315. Frederick II forbids municipal freedom, 1231-32 590
316. Breslau adopts the charter of Magdeburg, 1261 592
317. The Schoeffen of Magdeburg give decisions for
Culm, 1338 602
318. Establishment of the Rhine league, 1254 604
319. Peace established by the Rhine league, 1254 606
320. Agreement between Hamburg and Lübeck, _ca._ 1230 609
321. Agreement between Hamburg and Lübeck, 1241 610
322. Lübeck, Rostock, and Wismar proscribe pirates, 1259 610
323. Decrees of the Hanseatic league, 1260-64 611
324. Decrees of the Hanseatic league, 1265 612
325. Henry II grants Cologne merchants privileges in
London, 1157 612
Bibliography 613
Glossary 615
A SOURCE BOOK FOR MEDIÆVAL HISTORY
I. THE GERMANS AND THE EMPIRE TO 1073
The documents in this section are intended to illustrate the history of
the Germans from the period before the migrations to the beginning of
the struggle between the empire and the papacy, 1073. The historical
development of this period resulted in the formation of the Holy Roman
Empire, as the form of government for western Europe. The civilization
of the Middle Age was in the main the result of the union of Roman and
German elements. This union was brought about by the invasion of the
Roman empire by the tribes of German blood that lay along and back of
the frontier of the empire. It is important, therefore, to understand
the character of the German race and institutions, which are illustrated
by nos. 1 to 4. The leaders and organizers of the Germans after the
settlement were the Franks, who under the Merovingian and Carolingian
lines of rulers united the German tribes and bound them together in one
great state. This movement is shown in nos. 5 to 14. In this development
the life of Karl the Great (nos. 7 to 14) is of especial importance,
because of the permanent result of much of his work, particularly his
organization of the government (nos. 7 to 9), and his founding of the
empire by the union of Italy and Germany (nos. 8, 13, and 14). The
dissolution of his vast empire, resulting in the formation of France as
a separate state, and in the appearance of the feudal states, is shown
in nos. 15 to 22. In the rest of the documents the history of Germany
and Italy, the real members of the empire, is followed. Of this the
important features are: the continued connection of Germany with Italy
(nos. 23 and 29), resulting in the restoration of the empire by Otto I;
the feudal organization of Germany (nos. 24, 25, and 27); and the
increase of the German territory toward the east (nos. 26, 28, 32). This
brings the history down to the accession of Henry IV, with whom begins
the long conflict between the empire and papacy which is treated in
section III.
1. Selections from the Germania of Tacitus, _ca._ 100 A.D.
The _Germania_ of the Roman historian Tacitus (54-119 A.D.) is a
treatise on the manners, customs, and institutions of the Germans of his
time. It is one of the most valuable sources of knowledge of the
condition of the Germans before the migrations. These sources are mainly
of two kinds: the accounts of contemporary writers, chiefly Roman
authors; and the documentary sources of the period of the tribal
kingdoms, particularly the tribal laws, such as the laws of the Salic
Franks (see no. 4), Burgundians, Anglo-Saxons, etc. It will be evident
to the student that the sources of both kinds fall short of realizing
the needs of historical trustworthiness: the first kind, because the
Roman authors were describing institutions and customs which they knew
only superficially or from a prejudiced point of view; the second,
because the laws and documents of the tribal period reflect a stage of
development which had changed considerably from the primitive stage.
Conclusions in regard to the conditions of the Germans in the early
period are based on the careful criticism of each single document and on
a comparison of each with all the others. Some indication of this method
is suggested in the notes to nos. 1 and 4. Even at best the results are
subject to uncertainty. The _Germania_ of Tacitus is the clearest and
most complete of the sources of the first type, but it is not free from
obscurity. Since there are numerous editions of it, we have not thought
it necessary to refer to any particular one.
5. The land [inhabited by the Germans] varies somewhat in character from
one part to another, but in general it is covered with forests and
swamps, and is more rainy on the side toward Gaul and bleaker toward
Noricum and Pannonia. It is moderately fertile, but not suited to the
growing of fruit trees; it supports great numbers of cattle, of small
size, however.
6. Iron is not abundant, as appears from the character of the weapons of
the inhabitants; for they rarely use swords or the larger spears;
instead they carry darts with small, narrow heads, which they call
_frameæ_. But these are so sharp and so easily handled that they are
used in fighting equally well at a distance and at close quarters....
The number of warriors is definitely fixed, one hundred coming from each
district, and the warriors are known by that name [_i.e._, hundred]; so
that what was originally a number has come to be a name and a title.{1}
7. Kings are chosen for their noble birth;{2} military leaders for their
valor. But the authority of the king is not absolute, and the
war-leaders command rather by example than by orders, winning the
respect and the obedience of their troops by being always in the front
of the battle.... These troops are not made up of bodies of men chosen
indiscriminately, but are arranged by families and kindreds, which is an
added incentive for bravery in battle. So, also, the cries of the women
and the wailing of children, who are taken along to battle, encourage
the men to resistance.
8. It is said that on more than one occasion broken and fleeing ranks
have been turned back to the fight by the prayers of the women, who fear
captivity above everything else.... They believe that women are
specially gifted by the gods, and do not disdain to take council with
them and heed their advice.
11. [In the assemblies of the tribe,] minor affairs are discussed by the
chiefs, but the whole tribe decides questions of general importance.
These things, however, are generally first discussed by the chiefs
before being referred to the tribe. They meet, except in the case of a
sudden emergency, at certain fixed times, at the new or the full moon,
for they regard these as auspicious days for undertakings. They reckon
the time by nights, instead of by days, as we do.... One evil result
arising from their liberty is the fact that they never all come together
at the time set, but consume two or three days in assembling. When the
assembly is ready, they sit down, all under arms. Silence is proclaimed
by the priest, who has here the authority to enforce it. The king or the
leader speaks first, and then others in order, as age, or rank, or
reputation in war, or eloquence may give them the right. The speakers
depend rather upon persuasion than upon commands. If the speech is
displeasing to the multitude, they reject it with murmurs; if it is
pleasing, they applaud by clashing their weapons together, which is the
kind of applause most highly esteemed.{3}
12. Criminals are also tried at these assemblies, and the sentence of
death may be decreed. They have different kinds of punishments for
different crimes; traitors and deserters are hanged on trees, cowards
and base criminals are sunk in the swamps or bogs, under wicker
hurdles.... There are penalties also for the lighter crimes, for which
the offenders are fined in horses or cattle. Part of the fine goes to
the king or the state, and part to the person injured or to his
relatives. In this assembly they also choose leaders to administer the
law in the districts and villages of the tribe, each of them being
assigned a hundred companions from the tribe to act as counsellors and
supporters.{4}
13. They go armed all the time, but no one is permitted to wear arms
until he has satisfied the tribe of his fitness to do so. Then, at the
general assembly, the youth is given a shield and a sword by his chief
or his father or one of his relatives. This is the token of manhood, as
the receiving of the toga is with us. Youths are sometimes given the
position of chiefs because of their noble rank or the merits of their
ancestors; they are attached to more mature and experienced chiefs, and
think it no shame to be ranked as companions. The companions have
different ranks in the company, according to the opinion of the chief;
there is a great rivalry among the companions for first place with the
chief, as there is among the chiefs for the possession of the largest
and bravest band of followers. It is a source of dignity and of power to
be surrounded by a large body of young warriors, who sustain the rank of
the chief in peace and defend him in war. The fame of such a chief and
his band is not confined to their own tribe, but is known among foreign
peoples; they are sought out and honored with gifts in order to secure
their alliance, for the reputation of such a band may decide a whole
war.
14. In battle it is shameful for the chief to allow any one of his
followers to excel him in courage, and for the followers not to equal
their chief in deeds of valor. But the greatest shame of all, and one
that renders a man forever infamous, is to return alive from the fight
in which his chief has fallen. It is a sacred obligation of the
followers to defend and protect their chief and add to his fame by their
bravery, for the chief fights for victory and the companions for the
chief. If their own tribe is at peace, young noble chiefs take part in
the wars of other tribes, because they despise the peaceful life.
Moreover, glory is to be gained only among perils, and a chief can
maintain a band only by war, for the companions expect to receive their
war-horse and arms from the leader, ... and the means of liberality are
best obtained from the booty of war.{5}
16. The Germans do not dwell in cities, and do not build their houses
close together. They dwell apart and separate, where a spring or patch
of level ground or a grove may attract them. Their villages are not
built compactly, as ours are, but each house is surrounded by a clear
space.
21. It is a matter of duty with them to take up the enmities of their
parents or kinsmen, as well as the friendships, but these feuds are not
irreconcilable; the slaying of a man may be atoned for by the payment of
a fixed number of cattle, and the kindred of the slain man all share in
the price of atonement. This practice of compounding manslaughter is of
advantage to the public weal, for such feuds may become very dangerous
among a free people.{6}
26. The arable lands, according to the number of cultivators, are
occupied in turn by all the members of the community, and are divided
among them according to the quality [of the lands].{7} The extent of the
land gives ample opportunity for division; the arable fields are changed
every year, and there is plenty of land left over.{8}
The following section is condensed from chapters 27 to 46.
27-46.{9} Such is the account I have received of the origin and the
customs of the Germans as a whole; we must now undertake a discussion of
the separate tribes. The divine Julius [Cæsar] says in his book that the
Gauls had once been a more powerful and prosperous people than the
Germans. So it is not impossible that they may have at some time even
invaded Germany. For the Helvetians once dwelt in Germany between the
Hercynian forest and the Rhine and Main rivers, while the Boii inhabited
lands still farther within Germany, as is shown by the name Boihaem
[Bohemia] which still clings to their former place, now inhabited by
another people. The Treveri and the Nervii lay claim to German origin,
as if to repudiate connection with the indolent Gauls. The inhabitants
of the Rhine bank, the Vangiones, Treboci, and Nemetes, are undoubtedly
of German blood; and the Ubii also, although they have become a Roman
colony and have taken the name of Agrippenses from their founder. Of all
the tribes along the lower Rhine the chief are the Batavi, who dwell
mainly on an island in the mouth of the Rhine. They were a portion of
the Chatti, but left their homes as the result of a domestic quarrel and
entered the Roman empire. They still retain, however, their old honor
and dignity as allies, not being subject to taxation or to any public
duties except that of war. Beyond the Agri Decumates are the Chatti,
whose territory borders on the Hercynian forest. Next to the Chatti,
descending the Rhine, are the Usipii and Tencteri; their neighbors, it
is said, were formerly the Bructeri, who have been driven out and their
place taken by the Angrivarii and Chamavi. Back of the Angrivarii and
the Chamavi [to the south] are the Dulgubnii and Chasuarii; in front [to
the north] are the Frisii, who are divided into two parts, the greater
and lesser Frisii. They dwell along the shores of the ocean north of the
Rhine. Next are the Chauci, and on the boundaries of the Chauci and the
Chatti [to the east], the Cherusci. The Cimbri dwell in the same region,
on the shores of the ocean.
We come next to the Suebi. They are not a single tribe, as the Chauci or
Tencteri, for example; they include a great many tribes, each one with
its own name, but all called in common Suebi. The Semnones claim to be
the most ancient and the noblest of the Suebi. They inhabit a hundred
districts and consider themselves, because of their number, the most
important tribe of the Suebi. On the other hand, the Lombards are known
for the small number of their members, but they are secure from conquest
by their more powerful neighbors by reason of their courage and their
experience in war. Then come the Reudigni, Aviones, Angli, Warini,
Eudoses, Suardones, and Nuitones. Then, following along the Danube, the
Hermunduri; then the Naristi, Marcomanni, and Quadi. The Marcomanni
drove the Boii out of their land, which they now inhabit. Back of these
tribes lie the Marsigni, Cotini, Osi, and Buri. The Marsigni and the
Buri have the same language and worship as the Suebi; but the fact that
the Cotini speak a Gallic language and the Osi a Pannonian would
indicate that they are not German tribes. A continuous mountain range
divides Suebia in this region; beyond it lie many races, of whom the
greatest is that of the Lugii, a name applied to several tribes, the
Harii, Helveconæ, Manimi, Elisii, Nahanarvali. Beyond the Lugii are the
Gutones. The tribes of the Suiones inhabit a land situated in the midst
of the ocean [Scandinavia], and are famous for their fleets. Beyond the
Suiones is that dreary ocean which is believed to encircle the whole
world. On the right [east] shore of the Suebian Sea [the Baltic] dwell
the Aestii, a people that have the same customs and manners as the
Suebi, but speak a language more like that of the inhabitants of
Britain. The land of the Suiones is continued by that of the Sithones.
This is the end of Suebia. I am uncertain whether to assign the Peucini,
Veneti, and Fenni to the German or Sarmatian race, although the Peucini,
called by some Bastarnæ, have the same language, worship, and sort of
houses as the Germans.
{1} In the tribal laws and other documents of the tribal period a
district called the "hundred" actually appears as the division of the
county (see no. 4, introductory note). Tacitus uses the term here as a
division of the tribe, but the original tribe in several instances
appears as a county of the larger tribal kingdom, among the Franks and
Anglo-Saxons, at least. The origin of the hundred as a territorial
district suggested in this passage by Tacitus is probably the correct
one: the whole tribe was divided for military purposes into companies of
about one hundred men; then when the tribe settled on the land which had
been conquered, the lands were distributed to the hundreds, and the
districts thus formed came to bear that name.
{2} The existence of a noble class, _i.e._, a number of families having
higher social rank and special consideration and privileges, is vouched
for by all the sources. The origin of the class and the extent of the
privileges which they enjoyed in this primitive time are uncertain. The
king was chosen usually from one noble family, but not by strict
heredity.
{3} The general assembly was composed of all the freemen of the tribe.
All public business, that is, affairs in which the whole tribe was
concerned, was conducted here, including the making of war and peace,
the election of the king and chief officials, etc. It would appear from
what Tacitus says that the assembly had jurisdiction in the graver
offenses and in cases of appeal from the hundred-court.
{4} These leaders were probably the officials who presided over the
hundred-court, the assembly of the freemen of the hundred, which was the
regular court of justice. We find such an official mentioned in several
of the tribal laws; in the Salic and the Alamannian law he is called the
"centenarius," and in the Anglo-Saxon laws the "hundredes-ealdor." The
hundred companions of the official mentioned by Tacitus were probably
the whole body of the freemen of the hundred. They attended the
hundred-court and had a share in rendering the decision.
{5} The chief with his band of followers is found in many primitive
warlike societies. The various traditions of the German tribes are full
of references to this institution. Famous warriors would gather about
them a band of young men eager for reputation and experience. These
bands would form the élite of the army when the whole tribe went to war,
but would also conduct warlike enterprises on their own account. The
viking raids of the Northmen were instances of this practice. It not
infrequently happened that the success of private bands would lead the
whole tribe to follow and settle on the land which they had begun to
conquer, as in the traditional account of the conquest of Britain by the
Angles and Saxons.
{6} The obligation of following up the blood-feud is a common feature
of primitive society. It forms the basis of many of the popular tales
and traditions of the German people. The law attempted to make the
kindred of the slain man give up the feud in return for the payment of a
fixed sum by the slayer of his kin, but the attempt was not always
successful. The sum paid is known as the _wergeld_ and is mentioned in
all the tribal laws (see no. 4, title XLI and note).
{7} The form of land-holding among the early Germans has been the
subject of much study and investigation. Chapters 16 and 26 of Tacitus
have been discussed and commented on at great length by many scholars
and no absolute agreement has been reached in regard to the
interpretation of them. The above translation is as literal and
untechnical as we could make it, but it is not free from objection. It
would seem to mean that the land of the tribe was held by small groups
or communities dwelling in little farming villages and cultivating the
land assigned them. The land in the time of Tacitus was probably owned
in common by the community and apportioned equally among the
householders for the purpose of cultivation, and then redistributed at
regular periods, once a year according to Tacitus.
{8} In order to understand the conditions of German life as described
by Tacitus, the student would do well to pick out, bring together, and
classify all that he says in different places about the important
features of their life: (1) the king, his election, powers, etc.; (2)
the assemblies, their composition, procedure, authority; (3) the
officials; (4) manners and customs.
{9} The chapters devoted to the enumeration and description of the
separate tribes have been summarized, the purpose being to show the
location and the names of the tribes in the time of Tacitus; the student
should compare these with the situation as shown by a map of Europe at
the time of the migrations. Note that very few of these names appear at
the time of the migrations; this is because most of the tribes had lost
their identity before that time, being united into larger groups, or
absorbed by other peoples, as by the Huns, Romans, etc. Of the tribes
mentioned before the Suebi, most were later united into the
confederations of the Franks, Alamanni, and Saxons; thus the Chatti,
Chamavi, Chasuarii, etc., are found among the Franks; the Tencteri,
Usipii among the Alamanni; the Chauci, Cherusci, Angrivarii among the
Saxons. The Frisii remained in the same region and were finally added to
the Frankish kingdom by Karl Martel; their name still exists in the
Friesland of modern Holland. The Ubii were settled by M. Agrippa on land
near Cologne, the Roman town Colonia Agrippina. The Agri Decumates or
"tithe lands" were the territory contained within the triangle formed by
the upper Rhine, the upper Danube, and a line of fortifications, called
the _Limes_. This advanced frontier was established by Trajan (98-117).
The territory received its name from the fact that the colonists who
settled there paid a tithe or tenth of the produce to the state as rent.
Under the name Suebi, Tacitus classes a great many tribes, some of whom
are not even of German race. The real nature of the Suevic Confederation
is a matter of great uncertainty. Some of the tribes mentioned by
Tacitus under this head appear later; the Semnones are conjectured to be
the tribe later known as the Suevi, who joined the Vandals in their raid
and remained in northern Spain until conquered by the West Goths; the
Lombards remained a separate tribe and moved south into Pannonia and
then into Italy; a portion of the Angli joined the Saxons in their
invasion of England; the rest were apparently united with the Warini in
the Thuringian kingdom, the principal tribe of which was the Hermunduri;
the Marcomanni and the Quadi, perhaps with some other tribes, composed
the later Bavarians; the Lugii, or Lygians, are mentioned by later Roman
writers as among the Germans who threatened the Danube frontier, but the
name disappeared after that; the Gutones are the Goths; the Suiones and
Sithones are Scandinavian Germans; the Peucini are the same as the
Bastarnae, who were given lands on the Danube by Emperor Probus
(276-282); the Veneti are the Wends, a Slavic tribe; the Fenni, the
modern Finns.
2. Procopius, Vandal War. (Greek.)
Procopius, in Corpus Scriptorum Historiæ Byzantinæ.
This and the following number are taken from the writings of Procopius,
a Roman official and historian who lived about 500 to 560 A.D., and had
a personal share in the wars of Justinian against the East Goths and
Vandals. The earlier parts of his histories are drawn largely from
tradition.
I, 2. During the reign of Honorius [395-423] in the west the barbarians
began to overrun the empire.... The invaders were mainly of the Gothic
race, the greatest and most important tribes being the East Goths, the
Vandals, the West Goths, and the Gepidæ.... These tribes have different
names, but in all other respects they resemble one another very closely;
they all have light complexions, yellow hair, large bodies, and handsome
faces; they obey the same laws and have the same religion, the Arian;
and they all speak the same language, Gothic. I am of the opinion,
therefore, that they were originally one people and have separated into
tribes under different leaders. They formerly dwelt beyond the Danube;
then the Gepidæ occupied the land about Sirmium on both sides of that
river, where they still dwell.
The first to move were the West Goths. This tribe entered into an
alliance with the Romans, but later, since such an alliance could not be
permanent, they revolted under Alaric. Starting from Thrace, they made a
raid through all of Europe, attacking both emperors.
[Alaric sacks Rome.] Soon after, Alaric died, and the West Goths, under
Athaulf, passed on into Gaul.
3. Under the pressure of famine, the Vandals, who formerly dwelt on the
shores of the Mæotic Gulf [Sea of Azof], moved on toward the Rhine,
attacking the Franks. With them went the Alani.... [Crossing the Rhine
into Gaul] they proceeded down into Spain, the most western province of
the Roman empire, and settled there under their king, Godegisel,
Honorius having made an agreement with him by which the Vandals were to
be allowed to settle in Spain on condition that they should not plunder
the land.
At that time the greatest Roman generals were Boniface and Aëtius, who
were political rivals.... Boniface sent secretly to Spain and made an
agreement with Gunderich and Geiserich, the sons and successors of
Godegisel, whereby they were to bring the Vandals into Africa, and the
three were to divide the rule of Africa among themselves, mutually
supporting one another in case of attacks from outside. Accordingly the
Vandals crossed the strait at Gades and entered Africa, while the West
Goths moved forward from Gaul into Spain after them. [Gunderich dies,
leaving Geiserich sole ruler of the Vandals; Geiserich quarrels with
Boniface and drives him out of Africa, ruling the whole territory with
his Vandals.]
5. Geiserich now got together a large fleet and attacked Italy,
capturing Rome and the palace of the emperor. The usurper Maximus was
slain by the populace and his body torn to pieces. Geiserich took back
to Carthage Eudoxia, the empress, and her two daughters, Eudocia and
Placidia, carrying off also an immense booty in gold and silver. The
imperial palace was plundered of all its treasures, as was also the
temple of Jupiter Capitolinus, including a large part of the roof, which
was made of bronze, heavily plated with gold....
3. Procopius, Gothic War. (Greek.)
Procopius, in Corpus Script. Hist. Byz.; Muratori, Scriptores, I, i,
247 f.
I, 1. While Zeno [474-491] was emperor in Byzantium, the west was ruled
by Augustus, whom the Romans called Augustulus, because of his youth.
The actual government was in the hands of his father Orestes, a most
able man. Some time before this, as a result of the reverses which they
had suffered at the hands of Attila and Alaric, the Romans had taken the
Sciri, Alani, and other German tribes into the empire as allies. The
renown of Roman arms had long since vanished, and the barbarians were
coming into Italy in ever-increasing numbers, where they were actual
masters under the false name of allies (_federati_). They continually
seized more and more power, until finally they demanded a third of all
the lands of Italy. When Orestes refused to grant this they slew him.
Then one of the imperial officers, Odovaker, also a barbarian, promised
to secure this for them if they would recognize him as ruler. In spite
of the power which he thus acquired, Odovaker did not attack the emperor
[Romulus Augustulus], but only forced him to retire to private life. He
then gave the barbarians the third of the lands which they had demanded,
thus binding them more closely to him, and ruled over Italy unopposed
for ten years.
About this time the East Goths, who had been allowed to settle in
Thrace, rose against the emperor under their king, Theoderich. He had
been brought up at Byzantium, where he had been given the rank of a
patrician, and had even held the title of consul. The emperor Zeno, a
master in diplomacy, persuaded Theoderich to invade Italy and attack
Odovaker, with the chance of winning the whole west for himself and the
East Goths.... Theoderich seized on this opportunity eagerly, and the
whole tribe set out for Italy, taking along with them in wagons their
women and children and all their movables.... Odovaker hastened with an
army to oppose this invasion, but was defeated in several battles, and
finally shut up in Ravenna.... After the siege had lasted for about
three years both parties were willing to come to terms, the Goths being
weary of the long siege and the soldiers of Odovaker being on the verge
of starvation. So, through the efforts of the bishop of Ravenna, a
treaty was made according to which Theoderich and Odovaker were to rule
the city jointly. This treaty was kept for a short time, but finally
Theoderich treacherously seized Odovaker at a banquet to which he had
invited him, and had him put to death. He then won over to him all his
enemies, and from that time on ruled over Goths and Italians unopposed.
Theoderich never assumed the name or dignity of emperor, being content
to be known as king, as the barbarians call their rulers. In fact,
however, the subjects bore the same relation to him as to an emperor. He
dispensed justice with a strong hand, and rigidly enforced the law and
kept peace. In his time the land was protected from the attacks of
neighboring barbarians, and his might and his wisdom were famous far and
wide. He allowed his subjects neither to suffer nor to commit wrongs;
his own followers were given only the lands which Odovaker had taken for
his supporters. Thus Theoderich, although he bore the title of a tyrant,
was in fact a righteous emperor.... He loved the Goths and the Italians
equally, recognizing no difference between them, contrary as this may
seem to human nature.... After a reign of thirty-seven years, he died
lamented by all his people.
4. The Salic Law.
In the period before the migrations, each of the German tribes had its
primitive code of laws. This law was not put in writing, but was held in
memory; it was not based on abstract reasons of right and justice, but
grew up out of practice and custom. The migrations and the development
of tribal kingdoms on Roman soil brought about important changes in the
public and private life of the Germans, partly the result of changed
conditions, partly the direct influence of Roman manners and
institutions. One result was that the old unwritten customary laws were
codified and published in written form. These codes, called the _Leges
Barbarorum_, or laws of the barbarians, form an important historical
source, for of course they reflect the new conditions in which the
Germans found themselves after their settlement. Some of them show the
influence of Roman law and institutions in a marked degree; others are
more purely Germanic. They were in most cases written in Latin, although
the Angles and Saxons in England published their early codes in Old
English or Anglo-Saxon. One of the oldest and at the same time one of
the most purely German in character is the law of the Salic Franks,
called in Latin, _Lex Salica_; it was probably written about the year
500, in the reign of Chlodovech (481-511). In the most authentic form it
contains sixty-five chapters, or "titles," most of which are composed of
several sections. The title usually has a heading, as: XVII. _De
vulneribus_ (Concerning wounds).
The parts translated are intended to illustrate: (1) the character of
the tribal laws in general, and (2) certain important institutions and
customs of the Franks. Certain features of the Salic law are common to
nearly all of the German laws; these are suggested here for the
convenience of the reader.
1. The code contains mainly private law. Most of the law is taken up
with a scale of fines and compensations for injury, damage, and theft,
as in the case of injuries, titles XVII and XXII. This is characteristic
of most of the German codes; they are concerned with private and not
with public or administrative law.
2. The law makes minute specification of injuries. Note that the
different injuries are carefully described and particular fines given
for each, as in titles XVII and XXIX. This feature is found in most of
the codes and is characteristic of a primitive stage of legal conception
and a barbarous state of society. The important function of primitive
law is the settlement of differences between individuals to prevent
personal reprisals, so the various injuries that are apt to occur are
specified and provided with special fines.
3. A large part of the procedure takes place out of court, and is
conducted by the individuals concerned. So in title I, 3, the plaintiff
summons the defendant in person; in title L, 2, the creditor tries to
collect the amount fixed by the court; in title XLVII the whole process
of tracing and recovering stolen property, except the last stage, is
conducted out of court. This also is a common feature of Germanic law;
the objection, common among uncivilized peoples, to the state's
interference with private affairs of the individual operates here to
restrict the function of the law to the simple decision of the case.
4. All the German laws provide for the payment of the _wergeld_. The
origin of this is doubtless to be found in the underlying conception of
primitive law referred to in paragraph 2. The purpose being to put an
end to private revenge, which would mean continual private war, the law
prescribes the amount to be paid to the kindred of the slain man, and
they must on receipt of that give up the blood-feud. (See no. 1, ch. 21,
and note.) In many of the codes different values are assigned to
different classes of people, as here in title XLI.
The public institutions of the Franks are referred to in the law only
incidentally, the law being concerned, as has been said, mainly with
private matters, and taking for granted a knowledge of public law.
Following is a brief statement of the form of government, administration
of justice, etc. The state ruled by the king of the Salic Franks was
composed of several small tribes, originally independent (see no. 1,
notes 1 and 9), but now incorporated into a single state. The kingdom
was divided into counties, some of which correspond to the former
independent tribes, and some to old Roman political divisions. The
county was governed by a representative of the king, an official who is
called in the Salic law by the German title _grafio_ (modern German
"Graf"), and in later documents by the Latin title _comes_ (count). The
judicial system was based on the division of the county known as the
hundred (see no. 1, note 1), the assembly of the freemen of the hundred
being the regular public court. It was presided over by the
"hundred-man," in the Salic law called either _centenarius_, which means
simply hundred-man, or _thunginus_, a word of uncertain meaning. The
function of the _grafio_, the representative of the king in the county,
was mainly executive; he was appealed to only when every other means of
forcing the delinquent to obey the law or the decision of the court had
failed, but he has no part in the trial of cases. See title L, 3, for an
instance of the function of the _grafio_.
I. _Legal Summons._{10}
1. If anyone is summoned to the court and does not come, he shall pay
600 denarii, which make 15 solidi.{11}
3. When anyone summons another to court, he shall go with witnesses to
the house of that person, and if he is not present the summoner shall
serve notice on his wife or his family that he is legally summoned.
{10} This title illustrates what is said in the introduction about the
process out of court. The person who has a cause for legal action
against another, goes himself to the house of his antagonist and summons
him before witnesses. The law steps in, however, and forces the one who
is summoned to come to court under penalty. See also title LVI.
{11} The monetary system of the Salic law was taken from the Romans.
The basis was the gold solidus of Constantine, 1/72 of a pound of gold.
The small coin was the silver denarius, forty of which made a solidus.
This system was adopted as a monetary reform by Chlodovech, and the
statement of the sum in terms of both coins is probably due to the
newness of the system at the time of the appearance of the law.
XVII. _Wounds._
1. If anyone is convicted of trying to kill another, even though he
fails, he shall pay 2,500 denarii, which make 63 (62-1/2) solidi.
2. If anyone is convicted of shooting a poisoned arrow at another, even
though he misses him, he shall pay 2,500 denarii, which make 63 solidi.
3. If anyone wounds another in the head, so that the brain appears and
the three bones which lie above the brain are uncovered, he shall pay
1,200 denarii, which make 30 solidi.
4. If anyone wounds another between the ribs or in the abdomen, so that
the wound can be seen and extends to the vitals, he shall pay 1,200
denarii, which make 30 solidi, besides 5 solidi for the healing.
5. If anyone wounds another so that the blood falls to the ground, he
shall pay 600 denarii, which make 15 solidi.
6. If a freeman strikes another freeman with a club, so that the blood
does not flow, he shall pay 120 denarii, which make 3 solidi, for each
blow, up to three.
7. If the blood does flow, he shall pay as much for each blow as if he
had wounded him with a sword.
8. If anyone strikes another with the closed fist, he shall pay 360
denarii, which make 9 solidi; that is, 3 solidi for each blow up to
three.
9. If anyone is convicted of trying to rob another on the highroad, even
though he fails, he shall pay 2,500 denarii, which make 63 solidi.
XXIX. _Injuries._
1. If anyone destroys the hand or the foot of another, or cuts out his
eye, or cuts off his nose, he shall pay 4,000 denarii, which make 100
solidi.
2. If the injured hand hangs loose and useless, he shall pay 2,500
denarii, which make 63 (62-1/2) solidi.
3. If anyone cuts off the thumb or the great toe of another, he shall
pay 2,000 denarii, which make 50 solidi.
4. If the thumb or the toe hangs useless, he shall pay 1,200 denarii,
which make 30 solidi.
5. If he cuts off the second finger, by which the bowstring is drawn, he
shall pay 1,400 denarii, which make 35 solidi.
6. If he cuts off the rest of the fingers (that is, the other three) at
one blow, he shall pay 50 solidi.
7. If he cuts off two of them, he shall pay 35 solidi.
8. If he cuts off one of them, he shall pay 30 solidi.
XLI. _Manslaughter._{12}
1. If anyone is convicted of killing a free Frank or a barbarian living
by the Salic law, he shall pay 8,000 denarii, which make 200 solidi.
2. If he has put the body in a well, or under water, or has covered it
with branches or other things for the purpose of hiding it, he shall pay
24,000 denarii, which make 600 solidi.{13}
3. If anyone kills a man in the king's trust, or a free woman, he shall
pay 24,000 denarii, which make 600 solidi.
4. If he kills a Roman who was a table-companion of the king, he shall
pay 12,000 denarii, which make 300 solidi.
6. If the slain man was a Roman landowner, and not a table-companion of
the king, he who slew him shall pay 4,000 denarii, which make 100
solidi.
7. If anyone kills a Roman _tributarius_, he shall pay 63 solidi.
{12} The fine for slaying a man is the _wergeld_ referred to in the
introduction. It was paid to the kin of the slain man by the slayer or
his kin. The _wergeld_ has different values for different classes; note
the classes in the Salic law, particularly the position of the persons
in the royal service, the importance of which must have been of
comparatively recent origin, and the position of the Roman population.
The freeman of the Frankish tribe has a _wergeld_ of 200 solidi, the
free woman three times that, 600 solidi; the Roman _possessor_, or free
landowner, 100 solidi; the Roman _tributarius_, who cultivated the land
of another at a fixed rent, and was regarded as less than a freeman,
62-1/2 solidi. If the freeman was in the king's trust, that is, in the
service of the king and probably bound to him by a special oath (these
men are also called _antrustiones_; see nos. 180 and 189), his _wergeld_
was three times that of the ordinary freeman, 600 solidi; that of the
Roman who was a table-companion of the king, a relation similar to that
of the man in the king's trust, was also tripled, 300 solidi.
{13} The fact of concealment is the distinguishing mark between murder
and manslaughter.
XLV. _The Man who Removes from One Village to Another._{14}
1. If anyone desires to enter a village, with the consent of one or more
of the inhabitants of that village, and a single one objects, he shall
not be allowed to settle there.
3. But if anyone settles in another village and remains there twelve
months without any one of the inhabitants objecting, he shall be allowed
to remain in peace like his neighbors.
{14} This title throws some light on the original character of the
village community. The village was in origin probably a group of
kindred, and new-comers were admitted only by the consent of all the
householders. Moreover, as much of the land was still held in common by
the village--the wood, pasture, and meadow--the admission of a new
member concerned all the householders.
XLVII. _The Tracing of Stolen Goods._
If one has recognized a slave, or a horse, or an ox, or anything of his
own in the possession of another, he is to "send him to the third
hand."{15} And he in whose hands the thing was recognized is to swear
[to his own innocence]; and if both parties [_i.e._, the rightful owner
and the man in whose possession it was found] dwell on this side of the
Loire and the Carbonaria,{16} a term of forty days shall be set within
which all are to be summoned who have had any part in the affair, who
have sold or exchanged or perhaps given in payment the article. That is,
each one is to summon the man from whom he got it. And if anyone of
these has been summoned and legal hindrance has not kept him away, and
he does not come within the appointed term, then the one who had
dealings with this delinquent is to bring three witnesses to the fact
that he had summoned him and three more to the fact that he had obtained
the property from him legally and in good faith; if he does this he is
clear of suspicion of theft. But he who would not come and against whom
the witnesses have borne testimony, shall be held to be the thief of the
man who recognized his own, and he [the thief] shall return the price to
the man who dealt with him and shall pay the lawful compensation to the
man who recognized his own.{17} All these things are to be done in that
court to which he is answerable in whose hands the stolen thing was
first recognized and with whom the process started. But if he in whose
hands it was recognized dwells beyond the Loire or the Carbonaria the
time allowed shall be eighty days.
{15} The expression _mittat eum in tertia manu_ has been interpreted in
various ways; it means apparently either that the possessor is to place
the article in question in the hands of a third disinterested party who
is to hold it until the case has been tried, or that he is to refer the
claimant to the "third party"; that is, the man from whom he obtained
it.
{16} A much-discussed phrase, which has been used to show that the
Salic law belongs to a period after the Frankish control had extended
beyond the Loire. The word in the text (_ligere_) has also been taken to
mean the river Leye, but this is not generally accepted. The Carbonaria
(German, _Kohlenwald_) was a large forest in what is now Belgium.
{17} The form of statement is rather confusing, but the process is
fairly clear. The burden of proof lies on the man in whose possession
the stolen article is found, and he must clear himself by producing the
man from whom he got it. This shifts the responsibility to the latter,
who in turn must produce the man from whom he obtained it, and so on
back until the person is reached who obtained the article illegally, and
so is not likely to obey the summons to appear in court. Then the last
man in the chain before the thief proves his innocence of bad faith by
showing that he bought the article publicly and so obtained it in good
faith, and that he had served notice on the delinquent in the present
process. Inasmuch as legal sales were held publicly before witnesses, it
is fairly certain in this way that the guilt will be located. The man in
whose possession it was found then restores the article to its owner,
and receives back the price he paid for it from the man from whom he got
it; and this repayment is repeated in each case until the thief is
reached; the man who dealt with him has a legal action for recovery of
the price against the thief, while the owner has also an action for the
recovery of damages.
L. _The Given Pledge._
1. If a free man or a letus{18} has given pledge [that is, made a
solemn promise at the court] to another, then he to whom the pledge was
given shall go to the house of the other within forty nights,{19} or
whatever period was set, with witnesses or with such as can estimate the
price.{20} And if the delinquent will not redeem the pledge given, he
shall be held liable for 15 solidi above the amount for which he had
given pledge.
2. If still he will not pay, the complainant shall summon him to the
_mallus_, and thus he shall proceed to have him constrained by law: "I
ask thee, _thunginus_, to constrain by law this my debtor who has given
me a pledge and is in my debt." And he shall state how much the debt is.
Then the _thunginus_ shall say: "I constrain this man by law, in
accordance with the Salic law." Then he to whom the pledge was given
shall give notice that the delinquent can neither pay nor give pledge of
payment to any other until he has fulfilled what he promised him [the
creditor]. And straightway on that day before the sun sets he shall go
with witnesses to the house of the debtor and ask him to pay the debt.
If he will not, let the sun set upon him.{21} Then when the sun has set,
120 denarii, which make 3 solidi, are added to the amount owed. And this
thing is to be done three times in three weeks, and if on the third
summons he will not pay all this, then 360 denarii, which make 9 solidi,
are to be added to the debt, that is, 3 solidi for every summons and
setting of the sun.
The next two sections are now generally regarded as a later
addition--_i.e._, the first two are supposed to belong to an early
period, while the last two belong to the period when the _grafio_, the
royal representative, had acquired executive functions within the
county. If this is so, then sections 3 and 4 have replaced certain older
sections which must have completed the process described in sections 1
and 2; there must have been a further stage in which the delinquent was
finally forced to pay, perhaps the process described in title LVI, by
which a delinquent can be outlawed if he is still contumacious.
3. If anyone refuses to redeem his promise within the lawful term, then
he to whom he gave the pledge shall go to the _grafio_ of the county
within which the debtor lives, and shall lay hold on the staff and say:
"_Grafio_, this man has given pledge to me and I have given lawful
notice of his indebtedness and have sued him before the _mallus_ in
accordance with the Salic law. I pledge myself and my fortune that you
may safely and lawfully lay hands on his property." And he declares for
what cause and to what amount the pledge had been given. Then the
_grafio_ shall take with him seven suitable _rachinburgii_{22} and go to
the house of him who gave the pledge and say: "You, who are here
present, pay this man of your own free will that for which you gave him
pledge. Choose two men, whomsoever you will, who together with these
_rachinburgii_ shall assess from your goods the amount you ought to pay.
And so shall you make good what you owe according to legal value." But
if he, being present, will not heed, or if he is absent, then the
_rachinburgii_ shall take from his goods a value equal to the amount
which he owes, and of that amount two parts shall go to him who brought
suit, and the third part the _grafio_ shall take for himself as
_fredus_,{23} if the _fredus_ for this case has not already been paid.
4. If the _grafio_ has been appealed to and legal hindrance or his
master's [the king's] business has not detained him, and he neither goes
himself nor sends a representative, he shall be punished with death or
he may redeem himself with his possessions.
{18} The term _letus_ is used of a class of population whose position
was between that of the free man and that of the slave; a similar class
is found among nearly all the Germanic tribes. They were perhaps
descendants of conquered peoples that had been incorporated into the
tribe; they did not own land, but cultivated the land of others on terms
of a fixed rental in produce and services. Thus while not free, their
position was above that of the slaves, since they might acquire
possessions and profits above the rent paid, while the earnings of the
slave belonged in theory entirely to the master.
{19} The regular interval between the meetings of the hundred-court or
_mallus_.
{20} The use of appraisers, referred to here and elsewhere, indicates
that fines and debts were paid regularly in kind, and that money was
still an unfamiliar convenience.
{21} That is, the delinquent is to be given the full legal day, and
when that has passed with the setting of the sun, the penalty is
incurred. It is interesting to notice the same feature in the law of the
XII Tables, which was apparently merely the primitive tribal law of the
early Romans reduced to written form. There, in the first table, the
description of a public court process ends with the sentence: "Sol
occasus suprema tempestas esto"--sunset is to be the latest hour [of the
legal day].
{22} _Rachinburgii_ is the name generally used in the law for the board
of judges, seven in number, who are chosen at every hundred-court to
render the judgment (see title LVI). Here, however, the term is used for
appraisers who apparently are not connected with the _rachinburgii_ of
the hundred-court.
{23} The _fredus_ is that portion of the fine which goes to the state,
apparently as compensation for executing the sentence. It furnished a
part at once of the royal revenues and of the salary of the _grafio_,
since half went to him and half to the royal treasury.
LII. _Property that has been Loaned._
If one has loaned anything of his goods to another, and that person will
not restore it to him, he shall sue for it in this way: He shall go with
witnesses to the house of him to whom he loaned his property and serve
this notice on him: "Since you will not restore to me my goods which I
have loaned to you, you may keep them until the following night, in
accordance with the Salic law."{24} And if still he will not restore
them, let the sun set on him.{25} If he still will not restore them, the
owner is to give him a space of seven nights, and at the end of these
seven nights he shall serve notice as before that he may keep them till
the following night, in accordance with the Salic law. If then he will
not restore them, at the end of another seven nights he is to go with
witnesses again and ask him to pay what he owes. If he will not pay, let
the sun set on him. But when the sun has set on him three times, for
each time 120 denarii (which make 3 solidi) are to be added to the
original amount of the debt. And if still he will neither pay nor give
pledge of payment, he is to be held liable to him who loaned him the
goods for 600 denarii (which make 15 solidi) above the original debt and
above the 9 solidi which accrued through the three summons.
{24} This is to give the man legal and public notice and to allow him a
full day's time in which to obey. The guilt is incurred, therefore, at
sunset of the following day.
{25} See title L, note 21.
LIV. _The Slain Grafio._
1. If anyone kills a _grafio_{26} he shall pay 24,000 denarii, which
make 600 solidi.
2. If anyone kills a _sacebaro_,{27} or an _obgrafio_ who is a king's
slave, he shall pay 12,000 denarii, which make 300 solidi.
{26} For the position of the _grafio_, see introduction. His _wergeld_
is seen to be the same as that of the freeman in the king's service, and
may indeed be regarded as a special instance of the general case of a
man employed in the royal service.
{27} The _sacebaro_ and the _obgrafio_ are apparently subordinate
officials of the _grafio_. They were probably not infrequently unfree
persons, as they are here.
LVI. _He who refuses to come to Court._
If anyone refuses to come to court or to do what the _rachinburgii_ have
commanded, that is, to give pledge for payment, or for the ordeal, or
for anything which the law requires, then the complainant is to summon
him to the presence of the king. And twelve witnesses, being sworn in
turn by threes, shall say: [the first three] that they were present when
the _rachinburgius_ condemned him to undergo ordeal or to give pledge
for payment, and that he had not obeyed. The second three are to swear
that they were present on the day when the _rachinburgii_ [again]
condemned him to clear himself by ordeal or by paying the fine; that is,
that, forty nights from the first day, the sun set on him in the
_mallberg_{28} again, and that he would in no way obey the law. Then the
complainant is to summon him before the king, in fourteen nights [after
the last _mallus_], and three witnesses are to swear that they were
present when he summoned him and the sun set on him. If he will not
come, then these nine witnesses, having sworn, are to say what we have
said above. Likewise, if he will not come [to the king's court] on that
day, let the sun set on him, and there shall be three witnesses who were
present when the sun set.{29} If the complainant has done all these
things, and he who was summoned refuses to come to any court, the king
shall put him outside of his protection [_i.e._, outlaw him]. Then the
criminal and all his goods are liable. And whoever shall feed him or
give him hospitality, even if it be his own wife, shall be held liable
for 600 denarii, which make 15 solidi, until he shall have paid all that
has been imposed on him.
{28} _Mallberg_ or _malloberg_ is the place where the _mallus_ or
public court is held, and is here used as equivalent to the court.
{29} The process described from the end of the first sentence to this
point is supposed to have taken place before the summons to the king's
court mentioned in that first sentence; this is shown by the statement
that there are to be twelve witnesses at the king's court, these twelve
witnesses appearing in the passage as follows: three each for the two
public trials in the _mallus_, three for the summons to the king's court
fourteen days after the second trial, and three for the first session of
the king's court; these delays having been granted and the delinquent
not appearing at the second session of the royal court, he is there
finally outlawed.
5. Selections from the History of the Franks, by Gregory of Tours.
M. G. S. S. 4to, rerum mer., I.
By the end of the fifth century, the Roman government in the west had
practically come to an end and most of the territory was occupied by
German tribes. The confederated tribes living along the middle and lower
Rhine began to be called Franks about 200 A.D. For the next two
centuries, the Roman garrisons had great difficulty in keeping them out
of northern Gaul. With the weakening and final withdrawal of these
garrisons in the beginning of the fifth century, the Franks spread over
northern Gaul and by about 450 had occupied the land as far south as the
river Somme. Under Chlodovech the confederated tribes, which still had
their own kings, were united under his single rule, and the other
inhabitants of Gaul--Romans, Alamanni, West Goths, and Burgundians--were
absorbed or reduced to dependence. The work of Chlodovech was carried on
by his sons and grandsons with the conquest of the Burgundians,
Thuringians, Bavarians, etc. Then came the civil wars among the
descendants of Chlodovech which prevented further advance until the rise
of the house of Karl the Great.
There are few documents or chronicles for the history of the Franks
during the fifth to the seventh centuries. The only connected account is
that of Gregory, bishop of Tours from 573 to 594. His position made him
one of the most influential men of his time and he was well acquainted
with the contemporary events which he narrates. The earlier part of his
work is, of course, less reliable, because he depended upon tradition.
II, 9. It is not known who was the first king of the Franks.... We read
in the lists of consuls that Theodomer, king of the Franks, son of a
certain Richemer, and his mother Ascyla were slain by the sword. They
say also that afterward Chlogio, a brave and illustrious man of that
race, was king of the Franks and had his seat at Dispargum, on the
boundary of the Thuringians. In the region [about Tours], as far south
as the Loire, dwelt the Romans; beyond the Loire the Goths held sway,
while the Burgundians, who followed the heresy of Arius, dwelt across
the Rhône, on which is situated the city of Lyon. Chlogio sent spies to
the city of Cambrai{30} to spy out the situation and report to him. Then
he seized the city and dwelt there a short time, occupying the land as
far as the Somme. Some assert that king Merovech, whose son was
Childerich,{31} belonged to the line of Chlogio....
27. After the death of Childerich his son Chlodovech ruled in his stead
[481]. In the fifth year of his reign, Syagrius, son of Ægidius, was
ruling in Soissons as king of the Romans,{32} where the said Ægidius had
held sway. Now Chlodovech and his relative Ragnachar advanced against
Syagrius and challenged him to battle; and the latter eagerly accepted
the challenge. But in the course of the conflict Syagrius, seeing that
his army was defeated, turned and fled from the field, seeking safety
with king Alaric at Toulouse.{33} Then Chlodovech sent to Alaric,
ordering him to surrender Syagrius, on pain of being himself attacked;
and Alaric, fearing to incur the wrath of the Franks, as is the habit of
the Goths, gave over Syagrius bound to the messengers of Chlodovech.
Then Chlodovech had him thrown into prison, and, after seizing his
kingdom, had him secretly slain....
28. Now Gundevech, of the line of the persecuting king, Athanaric, was
king of the Burgundians.{34} He had four sons, Gundobad, Godegisel,
Chilperic, and Godomar. Gundobad slew his brother Chilperic, and drowned
Chilperic's wife by tying a stone about her neck and throwing her into
the water. He also condemned Chilperic's two daughters to exile; of
these the older was Chrona, who became a nun, and the younger was
Chlothilde.... Chlodovech sent an embassy to Gundobad demanding the hand
of Chlothilde in marriage, and Gundobad, fearing to refuse him,
surrendered her to the messengers of Chlodovech, who bore her
straightway to the king....
30. The queen [Chlothilde] continually urged Chlodovech to abandon his
idols and accept the true God. She was not successful, however, until
finally, when he was waging war on the Alamanni,{35} he was compelled by
necessity to accept that which he had formerly refused. For in the
course of the battle, when the two armies were engaged in fierce
struggle, it happened that the army of Chlodovech was on the verge of
utter rout, and seeing this the king raised his eyes to heaven, and
cried: "Jesus Christ, thou whom Chlothilde doth call the son of the
living God, who dost comfort those in travail and give victory to those
that believe in thee, I now devoutly beseech thy aid, and I promise if
thou dost give me victory over these mine enemies and if I find thou
hast the power which thy believers say thou hast shown, that I will
believe in thee and be baptized in thy name. For I have called on my own
gods and they have failed to help me; therefore I believe they have no
power, since they do not come to the aid of their worshippers. I call
now upon thee; I desire to believe in thee, that I be not destroyed by
mine enemies." And as soon as he had cried thus, the Alamanni turned and
fled. And when they saw that their king was slain they surrendered to
Chlodovech, saying: "Let not thy people perish further, we beseech thee,
for we are thine."
31. ... Then the king demanded that he should be the first to be
baptized by the bishop. So the new Constantine advanced to the font, to
be cleansed from the old leprosy of his sin, and from the sordid stains
of his past life, in the water of baptism. As he approached the font,
the saint of God addressed him in these fitting words: "Bow thy head,
Sigambrian;{36} adore what thou hast burned, burn what thou hast
adored." ... Then the king having professed his belief in omnipotent God
the Trinity, was baptized in the name of the Father, Son, and Holy
Spirit, and was anointed with the holy oil with the sign of the cross of
Christ. And more than 3,000 of his army were baptized also....
32. The brothers Gundobad and Godegisel were at this time ruling the
land about the Rhône and the Saône and the province of Marseilles. They,
as well as their people, were Arian. And when war was on the point of
breaking out between them, Godegisel, who had heard of the conquests of
Chlodovech, sent to him secretly, saying: "If you will give me aid in
overthrowing my brother, so that I may kill him in battle or drive him
from the kingdom, I will pay you such yearly tribute as you shall
demand." Chlodovech accepted the conditions gladly and promised to send
aid to Godegisel whenever he should require it. At the time appointed,
Chlodovech advanced with his army against Gundobad. When Gundobad,
ignorant of the treachery of Godegisel, learned of the approach of
Chlodovech, he sent to his brother, saying: "Come to my aid, for the
Franks are coming against me to seize my kingdom. Let us unite to
withstand this enemy, lest if we remain divided, each of us should
suffer the fate of the other nations." And Godegisel replied that he
would bring his army to the aid of his brother. Thus the three armies
advancing at the same time, came together at Dijon, and Godegisel and
Chlodovech joined forces and defeated Gundobad. Gundobad, seeing the
treachery of his brother, which he had not before suspected, turned and
fled along the bank of the Rhône until he came to Avignon....
35. Now when Alaric, king of the Goths, saw that Chlodovech was
conquering many nations, he sent to him and said: "If it please my
brother, let us unite our interests under the protection of God." And
Chlodovech, agreeing, came to him, and they met on an island in the
Loire, near the town of Amboise in the vicinity of Tours. There they
held a conference, and ate and drank together, and separated in peace,
having exchanged vows of friendship. But already many of the Gauls
[under Alaric] were greatly desirous of being under Frankish rule.
37. Then Chlodovech said to his followers: "It causes me great grief
that these Arians{37} should hold a part of Gaul. Let us go with the aid
of God and reduce them to subjection." And since this was pleasing to
all his followers, he advanced with his army toward Poitiers.... And
Chlodovech came up with Alaric, king of the Goths, at Vouillé, about ten
miles from Poitiers.... There the Goths fled, according to their custom,
and Chlodovech gained a great victory with the aid of God. And
Chloderic, the son of Sigibert the Lame, aided him in this battle.
40. Now while Chlodovech was staying at Paris, he sent secretly to the
son of Sigibert, saying: "Behold now your father is old and lame. If he
should die his kingdom would come to you and my friendship with it." So
the son of Sigibert, impelled by his cupidity, planned to slay his
father. And when Sigibert set out from Cologne and crossed the Rhine to
go through the Buchonian forest [in Hesse, near Fulda], his son had him
slain by assassins while he was sleeping in his tent, in order that he
might gain the kingdom for himself. But by the judgment of God he fell
into the pit which he had digged for his father. He sent messengers to
Chlodovech to announce the death of his father and to say: "My father is
dead, and I have his treasures, and the kingdom as well. Now send
messengers to me, that I may send to you whatever you would like from
his hoard." Chlodovech replied: "I thank you for your kindness, and beg
you merely to show my messengers all your possessions, after which you
may keep them yourself." And when the messengers of Chlodovech came, the
son of Sigibert showed them the treasures which his father had
collected. And while they were looking at the various things, he said:
"My father used to keep his gold coins in this little chest." And they
said: "Put your hand down to the bottom, that you may show us
everything." But when he stooped to do this, one of the messengers
struck him on the head with his battle-axe, and thus he met the fate
which he had visited upon his father. Now when Chlodovech heard that
both Sigibert and his son were slain, he came to that place and called
the people together and said to them: "Hear what has happened. While I
was sailing on the Scheldt river, Chloderic, son of Sigibert, my
relative, attacked his father, pretending that I had wished him to slay
him. And so when his father fled through the Buchonian forest, the
assassins of Chloderic set upon him and slew him. But while Chloderic
was opening his father's treasure chest, some man unknown to me struck
him down. I am in no way guilty of these things, for I could not shed
the blood of my relatives, which is very wrong. But since these things
have happened, if it seems best to you, I advise you to unite with me
and come under my protection." And those who heard him applauded his
speech, and, raising him on a shield, made him king over them. Thus
Chlodovech gained the kingdom of Sigibert and his treasures and won over
his subjects to his own rule. For God daily overwhelmed his enemies and
increased his kingdom because he walked uprightly before him and did
that which was pleasing in his sight.
41. Then Chlodovech turned against Chararic. For when he was waging war
against Syagrius, this Chararic, although Chlodovech had asked him for
aid, had kept out of the struggle and had given him no help, waiting to
see the issue, that he might then make friends with the victor. On this
account, Chlodovech was angry with him and attacked him. When he had
succeeded in seizing Chararic and his son by treachery, he caused their
heads to be shaved and ordered Chararic to be ordained a priest and his
son a deacon. It is said that when Chararic was lamenting his
humiliation, his son replied: "These twigs were cut from a green tree,
which is not all dead; they will come out again rapidly when they begin
to grow. Would that he who did this thing might as quickly perish." But
when it was reported to Chlodovech that they planned to let their hair
grow again and slay him, he ordered their heads to be cut off, and thus
by their death acquired their realm and treasures and subjects.
42. ... Then Chlodovech made war upon his relative, Ragnachar [king of
the region about Cambrai]. And when Ragnachar saw that his army was
defeated, he attempted to flee, but his own men seized him and his
brother Richar and brought them bound before Chlodovech. Then Chlodovech
said: "Why have you disgraced our family, by allowing yourself to be
taken? It would have been better for you to have been slain." And
raising his battle-axe he slew him. Then turning to the brother of
Ragnachar, he said: "If you had aided your brother he would not have
been taken;" and he slew him with the axe also.... Thus by their death
Chlodovech took the kingdom and treasures. And many other kings and
relatives of his, who he feared might take his kingdom from him, were
slain, and his kingdom was extended over all Gaul.{38} ...
43. And after this he died at Paris and was buried in the basilica of
the holy saints which he and his queen, Chlothilde, had built. He passed
away in the fifth year after the battle of Vouillé, and all the days of
his reign were thirty years.
III, 1. Now Chlodovech being dead, his four sons, Theodoric, Chlodomer,
Childebert, and Chlothar, received his kingdom and divided it
equally.{39} ...
[Chlodomer was slain in an attack on the Burgundians, and his mother,
Chlothilde, took his sons, Theodoald, Gunther, and Chlodoald, under her
protection.]
18. But while Chlothar was staying at Paris, Childebert, perceiving that
his mother Chlothilde loved the sons of Chlodomer greatly, was stirred
with envy and with the fear that they might be restored to the kingdom
of their dead father by aid of the queen-mother. So he sent secretly to
his brother, king Chlothar, saying: "Our mother is keeping the sons of
our dead brother Chlodomer, and intends to restore them to his kingdom;
come now to Paris and advise with me as to what shall be done; whether
their hair shall be cut off and they shall thus be made like the common
people, or whether we shall slay them and divide the kingdom of our
brother between us." Chlothar was delighted with these words and
hastened to Paris. Now Childebert had caused the rumor to be spread
among the people that the two kings were coming together to consider the
establishing of the children on the throne of their father. And after
they had met they sent word to the queen, who was dwelling in the same
city, saying: "Send the children to us that we may place them on the
throne." And she, rejoicing and thinking no evil, sent them the
children.... But when the children had left her they were immediately
seized and separated from their servants and imprisoned by themselves.
Then Childebert and Chlothar sent a certain Arcadius, their messenger,
to the queen with a pair of shears and a naked sword. And when he came
he showed both to the queen and said: "Your sons wish to know your will
in regard to the boys; whether they should be shorn of their locks and
live, or be slain." The queen, terrified and distracted at the message
and especially at the sight of the shears and the sword, said in the
bitterness of her heart and not knowing what she was saying: "If they
are not to reign, I would rather see them dead than shorn of their
locks." ... And when the messenger brought back this reply, Chlothar
immediately seized the oldest boy by the arm and throwing him on the
floor slew him with his dagger. But when he shrieked, his young brother
threw himself at the feet of Childebert and clinging to his knees cried:
"Save me, dearest uncle, that I be not slain like my brother." And
Childebert, the tears raining down his face, said to his brother:
"Brother, I pray you grant me the life of the boy; I will give you
anything you ask in exchange for his life, only do not slay him." But
Chlothar, reviling him, said: "Cast him from you, or you shall die for
him. You are the instigator of this business, and do you so soon
repent?" At this Childebert cast the boy from him, and Chlothar thrust
the dagger into his side and slew him as he had slain his brother. ...
Of the boys one was ten and the other seven years old. But the third
boy, Chlodoald, escaped by the aid of certain powerful persons;
rejecting a worldly kingdom, he turned to God, and became a priest,
cutting off his hair with his own hands. And Childebert and Chlothar
divided the kingdom of Chlodomer between them.
[After the death of his brothers, Chlothar united the whole Frankish
kingdom under his single rule (558-61). He left four sons, Charibert,
Gunthram, Chilperic, and Sigbert, who divided the kingdom among
themselves.]
IV, 27. Now when Sigbert saw that his brothers had taken wives of lowly
rank, he sent an embassy to Spain and sought the hand of Brunhilda,
daughter of king Athanagild [king of the West Goths]....
28. When Chilperic heard of this, although he already had several wives,
he sought the hand of Galeswintha, sister of Brunhilda, promising that
he would leave his other wives, if he should be given a wife of royal
rank. Athanagild, believing the promise of Chilperic, sent him his
daughter Galeswintha with rich gifts, as he had already sent Brunhilda.
And when she came to king Chilperic, he received her with great honor
and was married to her; and he loved her greatly, for she brought rich
treasures with her. But great strife was caused by the love of Chilperic
for Fredegonda, with whom he had formerly lived. Galeswintha complained
to the king of the indignity offered to her and said that she had no
honor in his house, and she begged him to keep the treasures which she
had brought with her and let her depart alone to her own land. But the
king attempted to placate her with soft and deceitful words. Finally he
ordered her to be slain by a servant, and she was found dead in her
bed.... And Chilperic, having mourned her death, after a few days
married Fredegonda.{40}
{30} Chlogio died in 457. The advance of the Franks to the Somme was
made easy by the depopulation of the land through two centuries of
border raids and by the withdrawal of the garrisons.
{31} The tomb of Childerich, father of Chlodovech, was discovered at
Tournai in 1653. In it were found along with the body, coins, a seal,
remnants of a purple mantle, covered with the famous golden bees which
Napoleon appropriated and wore, etc.
{32} Ægidius and Syagrius, whom Gregory calls kings of the Romans, were
probably Roman military commanders who still held out in Gaul in the
name of the emperor. Syagrius held the territory between the Somme and
the Loire.
{33} Alaric II, king of the West Goths, 485-507. At this time the
strength of the West Gothic kingdom was apparently in southern Gaul with
the capital at Toulouse. After the defeat of Alaric and the acquisition
by the Franks of most of the land north of the Pyrenees, the kingdom of
the West Goths was practically confined to Spain.
{34} The Burgundians were an East German people related to the Goths.
They had moved south and west from near the Vistula and had settled on
the Main and Rhine about Worms somewhere about 400. At the time of the
invasion of Attila they fought with the Romans against him and suffered
severely. They were then allowed by the Romans to settle just within the
boundaries of the empire in modern Savoy. From here they later overran
and occupied the valleys of the Rhône and Saône. Like all the German
tribes except the Franks, the Burgundians had been converted to the
Arian form of Christianity, which was regarded by the west as a heresy.
Owing to the efforts of the popes and the catholic clergy some of the
Burgundians had been converted to the orthodox faith, among them the
princess Chlothilde, the wife of Chlodovech. Chlodovech's conversion to
Catholic Christianity was of great assistance to him in his conquest of
the heretical German kingdoms, since the sympathies of the Roman
population were with him.
{35} The Alamanni were a confederation of tribes who had occupied the
Agri Decumates (see no. 1, Tacitus, note 9) during the century 300-400,
and had then spread over the Rhine into the territory of modern Elsass.
{36} Sigambrian--the Sigambri or Sycambri were one of the early tribes
that made up the Frankish confederation. It is used here as synonymous
with Frank.
{37} The hostility between the West Goths and the conquered Roman
provincials, among whom they settled, was kept alive by religious
differences. The dissatisfaction of the Roman population and their
leaning to the Franks after the conversion of this tribe were of great
aid to Chlodovech in his wars with the West Goths and Burgundians. The
same religious differences explain also to some extent the failure of
the East Goths and the Vandals to build permanent states in the
territory which they occupied. On the other hand, the West Goths in
Spain did later become Roman Catholics and enjoyed a longer existence.
{38} Chlodovech was originally king of only one of the numerous tribes
of the Frankish confederation, but was the natural leader in war of the
whole body. We have three kings mentioned by name by Gregory, Sigebert,
Chararic, and Ragnachar, but he speaks also of "many other kings and
relatives of Chlodovech." The result of these assassinations was the
union of all the Franks under the rule of the house of Chlodovech.
{39} The division of the kingdom of Chlodovech among his sons was fatal
to the peace of the land and to the development of a permanent
government. The strife broke out almost immediately, as appears from the
account in ch. 18, and was continued in the later generations, among the
sons and grandsons of Chlothar.
{40} The murder of Galeswintha was the immediate occasion for the
outbreak of the long civil war between the two queens, Fredegonda and
Brunhilda, and their husbands and descendants. The incidents need not be
followed; the war involved numerous murders and assassinations and
resulted in the weakening of the monarchy, the rise of the mayors of the
palace, and the independence of the outlying portions of the empire,
such as Aquitaine, Bavaria, Alamannia, etc., under native rulers.
6. The Coronation of Pippin, 751.
Einhard's Annals, M. G. SS. folio, I, pp. 137 f.
One of the most important results of the civil wars and weakening of the
monarchy in the later Merovingian period was the rise to power of the
mayor of the palace. The mayor of the palace was originally the chief
servant of the king's household. As the king used his private servants
in the administration of public affairs the chief servant became
eventually the chief public official. In the eastern Frankish kingdom
(Austrasia) this office, like many other offices in this period, had
become hereditary in the hands of one of the great families. The last
stage of the civil war (see no. 5, note 40) was fought out really
between the mayors of the palaces of Austrasia and Neustria, and
resulted in the permanent triumph of the Austrasian house. The actual
power and the wise administration of the mayors of this house were in
striking contrast to the weakness and the inefficiency of the last
Merovingian kings, and this was the chief reason for the change in
succession related in this passage. The appeal to the pope and his
favorable report on the contemplated change, and the later attack upon
the Lombards by Pippin at the pope's instance, are the first steps in
the formation of a connection between the kings of the Franks and the
popes.
Anno 749. Burchard, bishop of Würzburg, and Fulrad, priest and chaplain,
were sent [by Pippin] to pope Zacharias to ask his advice in regard to
the kings who were then ruling in France, who had the title of king but
no real royal authority. The pope replied by these ambassadors that it
would be better that he who actually had the power should be called
king.
750 [751]. In this year Pippin was named king of the Franks with the
sanction of the pope, and in the city of Soissons he was anointed with
the holy oil by the hands of Boniface, archbishop and martyr of blessed
memory, and was raised to the throne after the custom of the Franks. But
Childerich, who had the name of king, was shorn of his locks and sent
into a monastery.
753.... In this year pope Stephen came to Pippin at Kiersy, to urge him
to defend the Roman church from the attacks of the Lombards.{41}
754. And after pope Stephen had received a promise from king Pippin that
he would defend the Roman church, he anointed the king and his two sons,
Karl and Karlmann, with the holy oil. And the pope remained that winter
in France.
{41} For the papal account of this, see no. 44.
7. Einhard's Life of Karl the Great.
Einhard, Vita Karoli Magni; M. G. SS. folio, II, pp. 443 ff.
Einhard, who lived about 770 to 840, was a scholar, and a member of the
court and the circle of Karl the Great. His biography of Karl is the
most reliable and intimate account of the life and the character of the
emperor that we possess.
3. After ruling as king of the Franks for fifteen years, Pippin died at
Paris, leaving two sons to succeed him, Karl and Karlmann.... Karlmann,
however, died after two years of joint rule, and Karl became king of all
the Franks.
5. The first of his wars was that against the duke of Aquitaine,{42}
which was begun but not completed by his father. Karl had asked his
brother to aid him in this undertaking, but Karlmann had failed to send
the help which he had promised. Karl, however, undertook the war alone
and carried it through successfully. Hunold, who had tried to recover
the duchy of Aquitaine after the death of Waifer, was driven out of the
province and forced to take refuge in Gascony. But Karl advanced across
the Garonne, threatening Lupus, the duke of Gascony, with war unless he
should surrender the fugitive. Thereupon Lupus not only gave up Hunold,
but acknowledged the authority of Karl over his own duchy as well.
6. After the pacification of Aquitaine and the death of his brother,
Karl made war on the Lombards in response to the prayer of Adrian,
bishop of Rome. His father Pippin had also attacked the Lombards in the
time of king Aistulf, at the request of pope Stephen, ... but had been
content with besieging Aistulf in Ticino and securing pledges that he
would restore the places which he had taken and would never renew his
attack upon Rome. Karl went further: he overthrew Desiderius, king of
the Lombards, and drove his son Adalgisus out of Italy; restored to the
Romans their possessions; defeated a new rising under Radegaisus, duke
of Friuli; and subjugated all of Italy, making his son Pippin king.{43}
7. Then Karl returned to the attack which he had been making upon the
Saxons{44} and which had been interrupted by the Lombard invasion. This
was the longest and most severe of all his wars, for the Saxons, being
barbarians and pagans like most of the tribes in Germany, were bound by
the laws neither of humanity nor of religion. For a long time there had
been continual disturbances along the border, since there was no natural
barrier marking the boundary between the two races, except in a few
places where there were heavier forests or mountains. So the Franks and
the Saxons were accustomed to make almost daily raids on the territory
of each other, burning, devastating, and slaying. Finally the Franks
determined to put an end to this condition of affairs by conquering the
Saxons. In this way that war was begun which was waged continually for
thirty-three years, and which was characterized by the most violent
animosity on both sides, although the Saxons suffered the greater
damage. The final conquest of the Saxons would have been accomplished
sooner but for their treachery. It is hard to tell how often they broke
faith; surrendering to the king and accepting his terms, giving hostages
and promising to accept the Christian faith and abandon their idols, and
then breaking out into revolt again. This happened in almost every year
of that war, but the determination of the king could not be overcome by
the difficulties of the undertaking nor by the treachery of the Saxons.
He never allowed a revolt to go unpunished, but immediately led or sent
an army into their territory to avenge it. Finally after all the
warriors had been overthrown or forced to surrender to the king, he
transplanted some ten thousand men with their wives and children, from
their home on the Elbe, to Gaul and Germany, distributing them through
these provinces. Thus they were brought to accept the terms of the king,
agreeing to abandon their pagan faith and accept Christianity, and to be
united to the Franks; and this war which had dragged on through so many
years was brought to an end.
9. While this long war was going on, the king also made an expedition
into Spain, leaving garrisons behind to hold the Saxons in check.
Crossing the Pyrenees with a large army he conquered all the cities and
fortresses in the region and returned safely with his whole army, except
for those that were slain by the treachery of the Basques. For when the
army was coming back through the passes of the Pyrenees, strung out in a
long line of march because of the narrowness of the defiles, the Basques
made a sudden attack upon the rear-guard, which was protecting the
wagons and baggage of the army. The place was well suited to an
ambuscade, being thickly wooded and very steep; the Basques suddenly
rushed down from the heights where they had been hiding and fell upon
the rear-guard and destroyed it to the last man, seizing the baggage and
escaping under cover of the approaching night.... In this attack were
slain Eggihard, the king's seneschal, Anselm, count of the palace, and
Hrotland, the warden of the marches of Brittany, along with many others.
Up to the present time this attack has not been avenged, for the enemy
dispersed so quickly that it was impossible to find them or to discover
who were guilty.{45}
10. Karl also conquered the Bretons, a people dwelling in the remote
western part of Gaul, along the shores of the ocean.... Then he again
invaded Italy, this time marching through Rome to Capua, a city of
Campania, and forcing the submission of Aragaisus, duke of Beneventum.
11. His next expedition was against Bavaria, which was soon reduced to
subjection. This war was caused by the insubordination of duke Tassilo,
whose wife, a daughter of Desiderius, urged him on to avenge the
overthrow of her father. Tassilo made an alliance with the Huns, his
neighbors, and prepared to attack the king. Karl, incensed at such
presumption, immediately led an army in person to Bavaria, encamping on
the river Lech, which separates Alamannia and Bavaria. Before invading
the province he sent an embassy to the duke, who, seeing the
hopelessness of attempting to oppose the king, immediately made his
submission, offering hostages (among them his son Theodo) and swearing
never again to revolt. Thus this war, which in the beginning threatened
to be a serious affair, was brought to a rapid and successful
conclusion.{46} But the king later summoned Tassilo to his presence and
kept him a prisoner, not permitting him to return to his duchy; and from
that time on the province was not ruled by a duke, but was divided into
counties over which Karl placed counts of his own choosing.
12. This rebellion having been put down, the king next made an attack
upon a tribe of the Slavs, whom we call the Wiltzi, in their own tongue,
Welatabi.... The cause of this war was the attacks which the Welatabi
were making upon the Abodriti, who were formerly allies of the Franks,
and their refusal to desist from these attacks at the command of the
king. There is a great gulf [Baltic Sea] extending east from the western
ocean [Atlantic], whose length is unknown, but whose width nowhere
exceeds one hundred miles, and is in many places narrower. Many tribes
dwell along its shores: on the northern shore and in the islands, the
Danes and the Swedes, whom we call Northmen; on the southern shore, the
Slavs and the Aisti, and other tribes, among whom are these Welatabi.
These latter were defeated in a single campaign and have never dared to
revolt again.
13. The greatest of all the wars of Karl except the Saxon war, was that
against the Avars and the Huns.... The king himself led one expedition
against them into Pannonia, where they dwelt, but intrusted the later
ones to his son Pippin and to the dukes and counts of the neighboring
regions. The war lasted for eight years, and the bloody character of it
is shown by the fact that to-day Pannonia is uninhabited and the site of
the Khan's palace is a desert, containing no trace of former human
habitation. The whole nobility of the Huns was destroyed in the course
of this war, and all the treasure of the Avars carried away by the
Franks.{47} ...
14. ... His last war was waged against the Danes or Northmen. Beginning
with small piratical raids, they had grown so bold that they attacked
the shores of Gaul and Germany with large fleets, and their king,
Godfrid, planned the conquest of Germany itself. He already claimed the
Frisians and Saxons as his subjects, and had subjected the Abodriti and
made them tributary. He even boasted that he would shortly proceed to
Aachen and attack Karl himself. And indeed there was real danger that he
might undertake this, but he was slain by one of his own followers and
the danger passed.
15. These are the wars waged by this mighty king during the forty-seven
years of his reign. Through his conquests the kingdom of the Franks as
he had received it from his father Pippin was almost doubled in area.
When he came to the throne it included only a part of Gaul and of
Germany; in Gaul, that part bounded by the ocean [Atlantic], the Rhine,
the Loire, and the Balearic Sea [Mediterranean]; in Germany, that part
bounded by the Rhine, the Danube, the land of the Saxons, and the Saale,
... with the overlordship of Bavaria and Alamannia. Karl added by his
wars Aquitaine and Gascony; the Pyrenees and the land south to the Ebro;
... all of Italy as far south as lower Calabria; ... Saxony, which forms
a considerable part of Germany; ... Pannonia and Dacia; Istria,
Liburnia, and Dalmatia, except the maritime cities which were allied
with the emperor of Constantinople; and, finally, all the barbarous
tribes inhabiting Germany, between the Rhine, the Danube, the Vistula,
and the ocean [Baltic], ... of whom the most important are the Welatabi,
the Sorabi, the Abodriti, and the Bohemians.
16. The glory of his reign was also greatly enhanced by his alliances
and friendships with foreign kings and peoples. Thus Aldefonso, king of
Gallicia and Asturia,{48} was his ally, and spoke of himself by letters
and ambassadors as the man of Karl. The kings of the Scots also were
wont to address him as master, calling themselves his subjects and
servants, of which expressions there are evidences in letters still
existing which they have written to him. He was also in close relations
with Aaron [Haroun-al-Raschid],{49} king of the Persians, who ruled
almost all of the east outside of India, and who always expressed the
greatest friendship and admiration for Karl. On one occasion, when Karl
sent an embassy with gifts for the holy sepulchre of our Lord and
Saviour, he not only permitted them to fulfil their mission, but even
made a present of that holy spot to Karl, to rule as his own. And when
the embassy of Karl returned, it was accompanied by ambassadors from
Aaron, bearing presents of fine robes, spices, and other eastern
treasures. A few years before he sent to Karl at his request an elephant
which was the only one he at that time possessed. The emperors of
Constantinople, Nicephorus, Michael, and Leo, were his friends and
allies and sent many embassies to him. Even when they suspected him of
desiring to seize their empire, because he took the title of emperor,
they nevertheless entered into alliance with him, to avoid a rupture.
25. He was very eloquent and could express himself clearly on any
subject. He spoke foreign languages besides his own tongue, and was so
proficient in Latin that he used it as easily as his own language. Greek
he could understand better than he could speak.... He was devoted to the
study of the liberal arts and was a munificent patron of learned men.
Grammar he learned from Peter, an aged deacon of Pisa; in the other
studies his chief instructor was Alcuin, a Saxon from England, also a
deacon, and the most learned man of his time. With him he studied
rhetoric, dialectic, and especially astronomy.... He tried also to learn
to write, keeping tablets under the pillow of his couch to practise on
in his leisure hours. But he never succeeded very well, because he began
too late in life.{50}
28. His last visit to Rome was made because the Romans had attacked and
injured pope Leo, tearing out his eyes and tongue, and had thus forced
the pope to call on the king for aid. And having come to Rome to restore
the church which had greatly suffered during the strife, he remained
there all winter. It was during this time that he received the title of
emperor and Augustus, to which he was at first so averse, that he was
wont to say that he would never have entered the church on that day,
although it was a great feast day [Christmas], if he had foreseen the
plan of the pope. But his great patience and magnanimity finally
overcame the envy and hatred of the Roman emperors [of the east], who
were indignant at his receiving the title. This he did by sending them
frequent embassies and addressing them in his letters as brothers.{51}
29. After he became emperor he undertook a revision of the laws of his
empire, which were very defective, for the Franks had two laws [Salic
and Ripuarian] differing in many points from one another. But he was
never able to do more than to complete the various laws with a few
additional sections and cause all the unwritten laws to be put into
writing. He also wrote down for preservation the ancient German songs,
in which the wars and adventures of old heroes are celebrated. He began
also to make a grammar of his native tongue....
30. ... While he was spending the winter in Aachen, he was taken with a
severe fever, which the Greeks call pleurisy, and died there on Tuesday,
the fifth of the Kalends of February [January 28], in the seventy-second
year of his age and the forty-seventh of his reign.
31. On the same day his body was prepared for burial and borne to the
church of the Virgin Mary, which he had founded, in the midst of the
lamentation of all his people, and there laid to rest. Over his tomb was
erected an arch, covered with gold, and having his image and this
inscription on it: "Under this tomb lies the body of Karl, the great and
orthodox emperor, who greatly increased the kingdom of the Franks and
ruled gloriously for forty-seven years. He died when over seventy years
of age, in the year of our Lord 814, the 7th indiction, on the fifth of
the Kalends of February."
{42} In the late Merovingian period the outlying parts of the kingdom
had become practically independent under native rulers, called dukes.
One of the first things undertaken by the rulers of the new line was the
reduction of these great provinces to subjection as a necessary step in
the restoration of the central authority. Much was accomplished in this
direction by the mayors, Pippin the Younger (688-714) and Karl Martel
(714-741), who attacked the Frisians, the dukes of Aquitaine, Bavaria,
and Alamannia. But the work had to be done over and over, and indeed was
never permanently accomplished. In Aquitaine Pippin the Short, king from
751 to 768, had several conflicts with the dukes of Aquitaine, Hunold
and his son Waifer. This is the struggle which Karl brought to an end as
here related.
{43} Pippin had begun his war upon the Lombards for the purpose of
freeing the papal domains from their attacks. The Lombards had conceived
the ambitious plan of possessing all Italy, and under their kings
Liutprand, Aistulf, and Desiderius had begun to carry it out by
attacking the exarchate of Ravenna and the lands held by the pope.
Pippin had forced Aistulf to give up his conquests (chiefly the
exarchate) and had given that territory to the pope (see no. 45). Karl
was called into Italy to defend the pope against a new attack by
Desiderius, and put a definite end to this danger by conquering the
Lombard kingdom and adding it to his own rule. This is a further stage
in the connection between the popes and the emperor, between Germany and
Italy.
{44} The war against the Saxons and their conquest practically
completed the unification of the German tribes on the continent, there
remaining outside of the empire of Karl only the Scandinavian peoples in
the north and the Angles and Saxons in England. By the conquest of the
Saxons a vigorous race of pure German blood was added to the empire;
their addition tended to increase the differences between the German and
the Gallic portions of the empire, which was the natural basis of the
division between France and Germany. The Saxons in the tenth and
eleventh centuries were perhaps the chief race of the German kingdom,
furnishing the rulers from the accession of Henry I in 919 to the death
of Henry II in 1024. Karl's insistence upon the conversion of the Saxons
to Christianity is in line with the policy of his predecessors to
Christianize all the Germans.
{45} The chief interest of this passage lies in the fact that it is the
historical basis of the great French epic, the _Chanson de Roland_.
Einhard mentions the death of three men in this attack as of special
note; one of them was Hrotland, count of the mark of Brittany, the
Roland of the poem.
{46} The overthrow of Tassilo, duke of Bavaria, is a part of the policy
of Karl to reduce the great duchies to control. In order to keep these
outlying provinces in subjection and to govern them efficiently Karl
divided them into counties over which he placed officials dependent
directly upon himself and not upon a duke. This policy was carried out
in Alamannia, Aquitaine, and Saxony as well, the purpose being to
prevent the formation of independent power in the large divisions of the
empire. It was successful under Karl, but later the civil wars among his
descendants gave opportunity for the rise of similar great rulers in the
same provinces (see nos. 24 and 25).
{47} The Avars had come into Europe in the middle of the sixth century,
along the Danube. After the Lombards moved into Italy the Avars occupied
the whole Danube valley from Vienna to the mouth of the river. The
kingdom of the Khan of the Avars probably included the remnants of the
Hunnish empire and of the German tribes that had been subject to the
Huns.
{48} The kingdom of Gallicia and Asturia was one of the small Christian
states in Spain composed of the former inhabitants that had retreated in
large numbers to the mountains in the north and west at the time of the
Mohammedan invasion (711-720). From these regions they later slowly won
back the land from the Mohammedans.
{49} Haroun-al-Raschid was Caliph of the Mohammedan world from 786-809,
with his capital at Bagdad. His caliphate is the golden age of the
Mohammedans reflected in the "Arabian Nights." The connection of Karl
with Haroun and especially the negotiations mentioned here in regard to
Jerusalem gave rise to the later legends concerning the crusades of
Karl.
{50} The reign of Karl is sometimes spoken of as the Carolingian
Renaissance, because of the revived interest in letters and learning
that took its impulse from the court of Karl. Here was the famous
"palace school" that included such persons as Alcuin, Angilbert,
Einhard, Peter of Pisa, Paul the Lombard, etc. The results of the
movement were seen in the writings of the time: Einhard's Annals and
Vita; the History of the Lombards, by Paul; the poems and letters of
Angilbert, etc.; in the formation of the monastery and cathedral
schools, and the better learning of the monks and clergy; in the
attempts of Karl to revise the texts of the Scriptures and to make new
text-books; and in the theological discussions of the ninth century.
Evidences of this movement are seen also in some of the letters of Karl
that are translated below.
{51} See the note on the coronation of Karl, no. 8. The statement of
Einhard that Karl was displeased at this action of the pope has caused
considerable discussion; the reason probably was that he was unwilling
to arouse the ill-will of the eastern emperors, who would undoubtedly
regard the assumption of the imperial crown by Karl as an infringement
of their authority and position. See also nos. 13 and 14.
8. The Imperial Coronation of Karl the Great, 800.
Duchesne, Liber Pontificalis, II, 7.
Since 476 there had been no emperor in the west, and the emperor at
Constantinople had lost control of that part of the Roman empire. The
west, however, still regarded itself as a part of the one great empire.
The coronation of Karl the Great in 800 is the famous _translatio
imperii_, the transfer of the empire, by which according to the papal
theory the crown of the Roman empire was taken by the pope from the
emperors at Constantinople, and conferred upon the king of the Franks.
From this point of view it was the final act in the rebellion of the
popes from the control of the emperors of the east. From the point of
view of Frankish history, it was the culmination of the connection
between the popes and the king of the Franks begun with the coronation
of Pippin (see no. 6 and note).
After this, on Christmas day, all gathered together in the aforesaid
church of St. Peter and the venerable pope crowned Karl with his own
hands with a magnificent crown. Then all the Romans, inspired by God and
by St. Peter, keeper of the keys of heaven, and recognizing the value of
Karl's protection and the love which he bore the holy Roman church and
the pope, shouted in a loud voice: "Long life and victory to Karl, the
pious Augustus crowned of God, the great and peace-bringing emperor."
The people, calling on the names of all the saints, shouted this three
times, before the holy confession of St. Peter, and thus he was made
emperor of the Romans by all. Then the pope anointed Karl and his son
with the holy oil.
9. General Capitulary about the Missi, 802.
M. G. LL. 4to, II, 1, no. 33; Altmann und Bernheim, no. 2.
The attempts of Karl to create a permanent central government are
reflected in the great amount of legislation which has come down to us
from his reign. This legislation is mainly in the form of capitularies,
_i.e._, edicts or instructions, covering a wide range of subjects and
interests. The general capitulary of the year 802, a portion of which is
translated here, was issued by Karl after his imperial coronation and
his return from Italy. It embodied a great number of instructions to his
officials and subjects in regard to their relation to him in his new
capacity as emperor. The publication and the enforcement of these
instructions were intrusted to the _missi_, who appear now for the first
time as regular officials of the empire. These officials were chosen
from the counsellors, officials, and great men of the court, both
ecclesiastic and secular, and were assigned to definite districts, two
_missi_ to each district. The districts were large administrative
divisions of the empire including many counties (the regular divisions),
and the two _missi_ were to travel through the district assigned to
them, looking into the general condition of the people, the
administration of local officials, the condition of the royal lands,
etc. They held four public courts a year in their district, at which
they heard complaints, tried cases, etc. They had authority to control
the regular officials and to depose them if necessary. They were
supposed to report to the emperor the condition of the empire and to
refer to him such cases as they were not able to decide. By means of
these officials Karl kept in closer touch with, and maintained a firmer
hold upon, the various parts of his empire than was possible merely by
his own oversight over the counts, and at the same time avoided the
other danger of creating independent rulers in the large districts, by
changing the _missi_ every year.
1. Concerning the representatives sent out by the emperor. The most
serene and Christian emperor, Karl, chose certain of the ablest and
wisest men among his nobles, archbishops, bishops, abbots, and pious
laymen, and sent them out through his realm, and through these, his
representatives, he gave his people rules to guide them in living
justly. He ordered these men to investigate and to report to him any
inequality or injustice that might appear in the law as then
constituted, that he might undertake its correction. He ordered that no
one should dare to change the prescribed law by any trickery or fraud,
or to pervert the course of justice for his own ends, as many were wont
to do, or to deal unjustly with the churches of God, with the poor or
the widows and orphans, or with any Christian man. But he commanded all
men to live righteously according to the precepts of God, and to remain
each in his own station and calling; the regular clergy to observe the
rules of monastic life without thought of gain, nuns to keep diligent
watch over their lives, laymen to keep the law justly without fraud, and
all, finally, to live together in perfect peace and charity. And he
ordered his _missi_, as they desired to win the favor of Almighty God
and keep the faith which they had promised him, to inquire diligently
into every case where any man complained that he had been dealt with
unjustly by anyone, and in the fear of God to render justice to all, to
the holy churches of God, to the poor, to widows and orphans, and to the
whole people. And if any case arises which they can not correct and
bring to justice with the aid of the local counts, they are to make a
clear report of it to the emperor. They are not to be hindered in the
doing of justice by the flattery or bribery of anyone, by their
partiality for their own friends, or by the fear of powerful men.
2. The oath of fidelity to the emperor. He has also commanded that every
man in his kingdom, clergyman or layman, who has already taken the oath
of fidelity to him as king, shall now renew it to him as emperor; and
that all persons over twelve years of age who have not yet taken the
oath shall do so now. The nature and extent of the promise should be
made known to all, for it includes not only, as some think, a promise of
fidelity to the emperor for this life, and an engagement not to bring
any enemy into the kingdom nor to take part in or conceal any infidelity
to him, but includes all the following:
3. First, that each one shall strive with all his mind and strength on
his own account to serve God according to the commandments and according
to his own promise, for the emperor is not able to give the necessary
care and oversight to all his people.
4. Second, that no one shall ever wrongfully claim, take, or conceal
anything that belongs to the emperor, such as lands or slaves, by
perjury or fraud, or through partiality or bribery; and that no one
shall take or conceal fugitive serfs from the royal lands, by perjury or
fraud....
5. That no one shall do any violence or harm to the holy churches of
God, to widows and orphans, or to strangers; for the emperor, after God
and his saints, is constituted their special protector....
10. Selections from the Monk of St. Gall.
Monachus Sangallensis, M. G. SS. folio, II, pp. 731 ff.
The following documents, nos. 10-12, are intended to illustrate the
interest and activity of Karl in the revival of learning in his realm.
See also no. 7, Einhard's Life of Karl, ch. 25. The disappearance of
classical culture in the west through the disorders incident upon the
decline of the Roman empire, the migrations, and the civil wars of the
Merovingian period, was shown not only in the general ignorance among
the common people, but also in the decline of learning and culture in
the church. The selection from the Monk of St. Gall throws light upon
the palace school of Karl and his court, the other numbers illustrate
the interest of Karl in the education of the clergy and the reformation
of the church services. The Monk of St. Gall is the unknown author of a
chronicle account of the life and times of Karl, written in the latter
part of the ninth century. It contains many tales and stories which are
popular and in part legendary, showing how the figure of Karl was being
magnified in the imagination of posterity.
I, 2. When Albinus (Alcuin), who was an Englishman, learned of the great
favor with which Karl received wise men, he took ship and came over to
him. This man was the most learned of all men of recent times in the
holy writ, being the pupil of the learned priest Beda, who was the
greatest commentator on the scriptures since St. Gregory [I]. Karl kept
him at his side continually until his death, save for occasions when the
emperor was at war. The emperor was always desirous of being known as
the pupil of Alcuin. He also gave him the monastery of Tours to serve as
a source of revenue during his own absence and as a place where Alcuin
might live and instruct the scholars who sought him. His teaching bore
such fruit among the Gauls and Franks that they approached the ancient
Romans and Athenians in learning.
3. Now when the most victorious Karl after a long absence returned to
Gaul he ordered the boys whom he had intrusted to Clement to come to him
and show him their letters and verses. And the youths of lowly birth
showed him writings adorned with all the graces of learning, beyond what
had been expected, but the youths of noble rank presented trivial and
worthless specimens. Then the wise Karl, imitating the justice of the
eternal judge, separated the youths into two divisions and placed those
who had done well on his right hand and addressed them thus: "Receive my
thanks, children, for you have been zealous in obeying my orders and in
improving yourselves. Strive now to perfect yourselves, and I will give
you the best bishoprics and monasteries, and will ever hold you in my
favor." Then turning a severe countenance upon those on his left hand,
and striking terror into their hearts with his piercing eye, he hurled
these ironical words at them in a voice of thunder: "You nobles, you
sons of prominent men, you delicate and handsome youths! Relying on your
birth and wealth, and caring nothing for our commands or for your own
improvement, you have neglected the study of letters, and have indulged
yourselves in pleasures and idleness and empty games." Then, lifting up
his august head and raising his unconquered right hand to heaven, he
thundered forth at them with his usual oath: "By the King of heaven, I
care little for your noble birth and your beauty, though others may
admire you for them; know this, that unless you straightway make up for
your former negligence by earnest study, you need never expect any favor
from the hand of Karl."
28. Such peace as the mighty emperor Karl was able to secure, he was not
content to spend in idleness, but devoted it to the service of God. Thus
he undertook to build, in Germany, a church after his own plan, which
should surpass the ancient buildings of the Romans.... The oversight he
intrusted to a certain abbot, not knowing his cunning. But whenever the
emperor was absent, the abbot would allow some of the laborers to
purchase their release for money, but those who were unable to pay for
this, or who were not permitted to leave by their masters, he oppressed
with continual tasks, as the Egyptians once oppressed the people of God,
so that they had scarcely any rest. By this means he gathered together
an immense treasure of gold and silver and silken hangings.... Suddenly
he was informed that his house was on fire. Hastening home he broke
through the flames into the chamber where he kept the chests of gold.
Seizing two of these, one on each shoulder (for he was not satisfied
with saving just one), he tried to escape by the door. But a great beam,
burned in two by the fire, fell upon him and killed him, his body being
destroyed by terrestrial flames, but his soul despatched to that fire
which was not kindled by mortal hands [the flames of hell]. Thus the
judgment of God watched over the interests of Karl, whenever the cares
of the empire prevented him from looking after them himself.
II, 1. Adalbert told me about the defenses of the Huns [Avars]. "The
land of the Huns," he said, "was surrounded with nine rings.... The
distance from the first to the second ring was as far as from Zürich to
Constance; the outer ring was composed of oak, beech, and pine trees,
and was twenty feet across and twenty feet high, the space in between
the trees being filled with stones and clay, and the outer surface
covered with thick sod.... Within these [the first and second] rings the
villages were so arranged that the voice of a man could be heard from
one to another.... The distance from the second to the third ring was
ten German miles, which equal forty Italian miles, and so on to the
ninth, although, of course, each succeeding ring was narrower [contained
less land] than the one preceding it. The fortifications and dwellings
within each ring were so situated that a signal from a horn could be
heard from any one of them. In this defense the riches of the west had
been gathered together for more than two hundred years.... but the
victorious Karl was able in eight years so completely to conquer the
Huns, that not a trace of them is left."
9. Aaron [Haroun] recognized by this incident the might of Karl, and
spoke [to Karl's ambassadors] these words of praise: "Now I understand,
how true are the things which I have heard about my brother Karl; how he
is accustomed by his ceaseless efforts and unwearied striving to make
everything under the sun serve as a means of discipline for his body and
his mind. What can I send back that will be worthy of him who has so
honored me? If I should give him the land of Abraham which was given to
Joshua, he would not be able to defend it, because of its distance from
him; or if he determined in his magnanimity to defend it, I fear that
the neighboring provinces would revolt in his absence from the Frankish
rule. Nevertheless I will try to equal him in generosity by this means:
I will give him authority over that land, and I will act as his
representative in it; he may send ambassadors to me when it pleases him
or is convenient for him, and he will find that I am the most faithful
defender of the incomes of that land."{52}
{52} Notice the popular or legendary character of these stories. They
are just such tales as would grow up among the people around a figure
like that of Karl. Compare the stories of the conquest of the Avars and
the embassy to Haroun in Einhard (no. 7, chs. 13 and 16), with the same
stories here. The circumstantial details are in all probability added by
popular tradition.
11. Letter of Karl the Great to Baugulf, Abbot of Fulda, 787.
Jaffé, IV, pp. 343 ff.
Karl, by the grace of God king of the Franks and the Lombards and
patricius of the Romans, sends loving greeting in the name of omnipotent
God to abbot Baugulf, and to the household of monks committed to his
charge. Know that we, with the advice of our faithful subjects, have
regarded it as important that in the bishoprics and monasteries of our
realm those who show themselves apt in learning should devote themselves
to study, in addition to their regular duties as monks. For as the
observance of monastic rules promotes good morals and character, so also
the practice of teaching and learning develops a pure and agreeable
style. Let those who seek to please God by living uprightly, seek to
please Him also by speaking correctly. For it is written: "By thy words
thou shalt be justified, and by thy words thou shalt be condemned"
[Matt. 12:37]. For although well-doing is more important than knowledge,
nevertheless knowledge must precede action.... We have been led to write
of this, because we have frequently received letters from monks in which
they make known to us what they are praying for, and in these letters we
have recognized correct sentiments, but an uncouth style and language.
The sentiments inspired in them by their devotion to us they could not
express correctly, because they had neglected the study of language.
Therefore we have begun to fear lest, just as the monks appear to have
lost the art of writing, so also they may have lost the ability to
understand the Holy Scriptures; and we all know that, though mistakes in
words are dangerous, mistakes in understanding are still more so.
Therefore we urge you to be diligent in the pursuit of learning, and to
strive with humble and devout minds to understand more fully the
mysteries of the Holy Scriptures. For it is well known that the sacred
writings contain many rhetorical figures, the spiritual meaning of which
will be readily apprehended only by those who have been instructed in
the study of letters. And let those men be chosen for this work who are
able and willing to learn and who have the desire to teach others. And
let this be done in the spirit in which we have recommended it. For we
desire that you, as becomes your station, shall be both devout and
learned, both chaste in life and correct in speech. Thus when anyone
shall be moved by your reputation for devotion and holiness, and shall
desire to see you, he may be both edified by your appearance and
instructed by your learning, which shall appear in your reading and
singing; and so he may go away rejoicing and giving thanks to God. Do
not fail to send copies of this letter to all your suffragans and
fellow-bishops and all the monasteries, if you desire our favor.
12. Letter of Karl the Great in Regard to the two Books of Sermons
Prepared by Paul the Deacon, _ca._ 790.
Jaffé, IV, pp. 372 f.
Karl, by the aid of God king of the Franks and Lombards and patricius of
the Romans, to the clergy of his realm.... Now since we are very
desirous that the condition of our churches should constantly improve,
we are endeavoring by diligent study to restore the knowledge of letters
which has been almost lost through the negligence of our ancestors, and
by our example we are encouraging those who are able to do so to engage
in the study of the liberal arts. In this undertaking we have already,
with the aid of God, corrected all the books of the Old and New
Testament, whose texts had been corrupted through the ignorance of
copyists. Moreover, inspired by the example of our father, Pippin, of
blessed memory, who introduced the Roman chants into the churches of his
realm, we are now trying to supply the churches with good reading
lessons. Finally, since we have found that many of the lessons to be
read in the nightly service have been badly compiled and that the texts
of these readings are full of mistakes, and the names of their authors
omitted, and since we could not bear to listen to such gross errors in
the sacred lessons, we have diligently studied how the character of
these readings might be improved. Accordingly we have commanded Paul the
Deacon,{53} our beloved subject, to undertake this work; that is, to go
through the writings of the fathers carefully, and to make selections of
the most helpful things from them and put them together into a book, as
one gathers occasional flowers from a broad meadow to make a bouquet.
And he, wishing to obey us, has read through the treatises and sermons
of the various catholic fathers and has picked out the best things.
These selections he has copied clearly without mistakes and has arranged
in two volumes, providing readings suitable for every feast day
throughout the whole year. We have tested the texts of all these
readings by our own knowledge, and now authorize these volumes and
commend them to all of you to be read in the churches of Christ.
{53} Paul the Deacon was a Lombard scholar and clergyman who after the
fall of the Lombard kingdom was invited to the court of Karl and became
one of his circle. Paul is the author of the only detailed history of
the Lombards.
13. Recognition of Karl by the Emperors at Constantinople, 812.
Annales Laurissenses et Einhardi, M. G. SS. folio, I, p. 199.
The following passages throw light upon the statement of Einhard (no. 7,
ch. 28) in regard to the relation of Karl with the eastern emperors
after his imperial coronation. We know from other sources that Karl
wished to acquire the title of emperor and that he had already entered
into negotiations with the empress Irene looking to a peaceful
acquisition of it, before the pope gave him the crown. He was apparently
not satisfied with his position until he obtained recognition from the
emperors in the east, whom he still regarded as the legal successors of
the Roman emperors.
The emperor, Nicephorus, after winning many notable victories in Moesia,
fell in battle against the Bulgarians, and his son-in-law Michael was
made emperor. He received the ambassadors in Constantinople whom Karl
had sent to Nicephorus and dismissed them, sending back to Karl with
them his own ambassadors, Michael, a bishop, and Arsaphius and
Theognostus, commanders of the imperial body-guard, to confirm the
treaty which had been proposed in the time of Nicephorus. They came to
the emperor at Aachen and received a copy of the treaty from him in the
church of Aachen. In their address to him on this occasion, which they
delivered in Greek, they called him emperor and _basileus_. They then
proceeded to Rome on their way back, and received a copy of the treaty
from the pope in the church of St. Peter, the apostle.
14. Letter of Karl to Emperor Michael I, 813.
Jaffé, IV, pp. 415 f.
In the name of the Father, Son, and Holy Spirit. Karl, by the grace of
God emperor and Augustus, king of the Franks and the Lombards, to his
dear and honorable brother, Michael, glorious emperor and Augustus,
eternal greeting in our Lord Jesus Christ. We bless and praise our Lord
Jesus Christ with all our heart and strength for the ineffable gift of
his kindness, with which he has enriched us. For he has deigned in our
day to establish that peace between the east and the west, which we have
long sought for and have always desired, and, in answer to the daily
prayers which we have offered to him, has unified the holy immaculate
catholic church throughout the whole world and given it peace. We speak
of this peace as if it had been already brought about, for we have done
our part, and we are sure you are willing to do yours. We put our trust
in God who has ordained that this matter, the making of peace between
us, should be carried out; for he is faithful and true, giving his aid
to all who are engaged in good works, and he will bring to perfection
this work which we have begun. Desiring now to bring about this
consummation, we have sent you our legates, Amalhar, venerable bishop of
Trier, and Peter, abbot of the monastery of Nonantula, to receive from
the holy altar by your hands a copy of the treaty of peace, bearing the
signatures of your priests, patriarchs, and nobles, just as your
legates, Michael, venerable metropolitan, and Arsaphius and Theognostus,
commanders of the royal body-guard, received the copy from us, with our
signature and the signatures of our priests and nobles....
15. Letter to Ludwig the Pious Concerning the Appearance of a Comet,
837.
Jaffé, IV, pp. 459 f.
The dissolution of the empire of Karl the Great began in the reign of
his son and successor, Ludwig, with the disintegration of the public
service and the attacks of Northmen and Slavs on the frontier. The
invasions of the Northmen are mentioned by Einhard as occurring in the
last days of Karl (no. 7, chapter 14). In the reigns of Ludwig and his
successors the invaders continually ravaged the shores of Gaul and
northern Germany and added materially to the distress of the period.
This letter refers in its last part to one of these raids, but it is
interesting chiefly as an illustration of the mental attitude of the men
of its age.
It is believed by almost all the ancient authorities that the appearance
of new and unknown heavenly bodies portends to wretched mortals direful
and disastrous events, rather than pleasant and propitious ones. The
sacred scriptures alone tell of the propitious appearance of a new star;
that is, that star which the wise men of the Chaldæans are said to have
seen when, conjecturing from its most brilliant light the recent birth
of the eternal king, they brought with veneration gifts worthy the
acceptance of so great a lord. But the appearance of this star which has
lately arisen is reported by all who have seen it to be terrible and
malignant. And indeed I believe it presages evils which we have
deserved, and foretells a coming destruction of which we are worthy. For
what difference does it make whether this coming danger is foretold to
the human race by man or angel or star? The important thing is to
understand that this appearance of a new body in the heavens is not
without significance, but that it is meant to forewarn mortals that they
may avert the future evil by repentance and prayers. Thus by the
preaching of the prophet Jonah the destruction of the city, which had
been threatened by him, was deferred because the inhabitants turned from
their iniquities and evil lives.... So we trust that merciful God will
turn this threatened evil from us also, if we like them repent with our
whole hearts. Would that the destruction which the fleet of the Northmen
is said to have inflicted upon this realm recently might be regarded as
the sufficient occasion for the appearance of this comet, but I fear
that it is rather some new distress still to come that is foretold by
this terrible omen.
16. The Strassburg Oaths, 842.
Nithard, III, 5; M. G. SS. folio, II. pp. 665 ff.
The occasion of these oaths was the alliance between the two brothers,
Ludwig the German and Charles the Bald, against their brother Lothar.
Lothar had been defeated at the battle of Fontenay, 841, by his
brothers, who then made this league. The oaths are given in this form by
Nithard, the historian of the later Carolingians, who was the son of
Angilbert and Bertha, the daughter of Karl the Great. The _lingua
romana_ and the _lingua teudisca_ are the vulgar languages respectively
of the followers of Charles the Bald and Ludwig the German, that is, of
the inhabitants of France and of Germany. The appearance of a Latin
dialect as the language of the inhabitants of the western kingdom
indicates that the Roman elements had after all survived in Gaul and
were absorbing the German elements; the formation of two languages
mutually exclusive in the two portions of the empire suggests a fairly
advanced stage of differentiation between the German and the French
parts. But the chief interest of this document is in the field of
language study. The _lingua romana_ shows an early stage in the
development of French from Latin, while the _lingua teudisca_ is one of
the earliest forms of Old High German. The _lingua romana_ shows the
process by which the French language grew out of Latin; note that
inflectional endings have largely disappeared, and case is shown by the
use of prepositions, and that phonetic changes (changes of vowels and
consonants) have also taken place. Some of the words are good Latin,
others are very nearly modern French, and still others stand midway
between Latin and French. Most of the words in the _lingua teudisca_ can
be identified with modern German words. Note that each leader took the
oath in the language of the followers of the other, in order that his
brother's followers might understand him. So Ludwig the German speaks in
the _lingua romana_ and Charles the Bald in the _lingua teudisca_.
So Ludwig and Charles came together at Argentaria, which is called
Strassburg in the common tongue, and there took the oaths which are
given below, Ludwig speaking in the _lingua romana_ and Charles in the
_lingua teudisca_.... Ludwig, being the elder, took the oath first, as
follows:
Pro deo amur et pro christian poblo et nostro commun salvament, d'ist di
in avant, in quant deus savir et podir me dunat, si salvaraeio cist meon
fradre Karlo et in aiudha et in cadhuna cosa, si cum om per dreit son
fradra salvar dist, in o quid il mi altresi fazet, et ab Ludher nul
plaid numquam prindrai, qui meon vol cist meon fradre Karle in damno
sit.
When Ludwig had finished, Charles took the oath in the _lingua
teudisca_:
In godes minna ind in thes christânes folches ind unsêr bêdhero
gehaltnissî, fon thesemo dage frammordes, sô fram sô mir got geuuiczi
indi mahd furgibit, sô haldih thesan minan bruodher, sôso man mit rehtu
sînan bruodher scal, in thiu thaz er mig sô sama duo, indi mit Ludheren
in nohheiniu thing ne gegango, the mînan uuilon imo ce scadhen uuerdhên.
Literal translation of the _lingua romana_, the _lingua teudisca_ being
the same with the names changed:
"By God's love and by this Christian people and our common salvation,
from this day forth, as far as God gives me to know and to have power, I
will so aid this my brother Charles in each and every thing as a man
ought to aid his brother, in so far as he shall do the same for me; and
I will never have any dealings with Lothar that may by my wish injure
this my brother Charles."
And this is the oath which the followers of each took in their own
tongues:
_Lingua romana_:
Si Lodhuuigs sagrament, que son fradre Karlo iurat, conservat, et Karlus
meos sendra de suo part non los tanit, si io returnar non l'int pois: ne
io ne neuls, cui eo returnar int pois, in nulla aiudha contra Lodhuuuig
nun li iv er.
_Lingua teudisca_:
Oba Karl then eid, then er sînemo bruodher Ludhuuuîge gesuor, geleistit,
indi Ludhuuuîg mîn hêrro then er imo gesuor forbrihchit, ob ih inan es
iruuenden ne mag: noh ih noh thero nohhein, then ih es iruuenden mag,
uuidhar Karle imo ce follusti ne uuirdhit.
Literal translation of the _lingua romana_, the same as the other with
names changed:
"If Ludwig keeps the oath which he swore to his brother Charles, and
Charles, my lord, on his part does not keep it, if I cannot prevent it,
then neither I nor anyone whom I can prevent shall ever defend him
against Ludwig."
17-18. The Treaty of Verdun, 843.
17. Annales Bertiniani.
M. G. SS. folio, I, p. 440.
The treaty of Verdun is the division of the empire among the three sons
of Ludwig the Pious, Lothar, Ludwig the German, and Charles the Bald. It
recognized the failure of the attempt of Karl to weld western Europe and
the German tribes into one state and marks the beginning of the states
of Germany and France. The student should follow on a map the line
described in the treaty. The long narrow strip which composed the
northern portion of the kingdom of Lothar had no elements of cohesion,
geographically, racially, or politically. So it became the debatable
land over which the two neighboring states of Germany and France have
ever since fought. The fate of this middle territory may be glanced at
in anticipation: The extreme northern portion came to the empire in 870
and formed the duchy of Lotharingia, but it fell apart into little
feudal territories practically independent of the empire and finally
became separate as the Netherlands; the central portion also broke up
into small territories, part of which remained in the empire, as the
Palatinate of the Rhine, and the great Rhine bishoprics; part, like
Elsass and Lorraine, vacillated between France and Germany; the southern
portion became the kingdoms of upper and lower Burgundy, then the united
kingdom of Burgundy or Arles, and then after the acquisition of that
kingdom by the empire, broke up into small territories, part going to
Germany, part to France, and part becoming independent.
Charles met his brothers at Verdun and there the portions of the empire
were assigned. Ludwig received all beyond the Rhine, including also
Speier, Worms, and Mainz on this side of the Rhine; Lothar received the
land bounded [by that of Ludwig on the west, and] by a line following
along the lower Rhine, the Scheldt, and the Meuse, then through Cambrai,
Hainault, Lomme, including the counties east of the Meuse, to where the
Saône flows into the Rhône, then along the Rhône to the sea, including
the counties on both sides of the Rhône; the rest as far as Spain, went
to Charles.
18. Regino.
M. G. SS. folio, I, p. 568.
Anno 842 (843). The three brothers divided the kingdom of the Franks
among themselves; to Charles fell the western portion from the British
ocean to the Meuse; to Ludwig, the eastern portion, that is, Germany as
far west as the Rhine, including certain cities and their counties east
of the Rhine to furnish him with wine; to Lothar, who, as the oldest,
bore the title of emperor, the part in between, which still bears the
name of Lotharingia, and all of Provence and the land of Italy with the
city of Rome.
19. The Treaty of Meersen, 870.
M. G. LL. folio, I, p. 516; Altmann und Bernheim, no. 4.
The northern portion of the kingdom of Lothar was divided on his death
(855) between two of his sons, Lothar and Charles, the other, Louis,
taking Italy. Charles died in 863 and Lothar in 869; thereupon their
uncles, Charles the Bald and Ludwig the German, divided that territory
between them by the treaty of Meersen, the preliminaries of which are
given here. See a map for the line of the division.
In the year of the incarnation of our Lord 870, the third indiction, the
day before the nones of March [March 6], in the 32d year of the reign of
the glorious king Charles [the Bald], in the palace of the king at
Aachen, this agreement was made between him and his brother Ludwig.
Count Ingelram, for king Charles.
I promise for my lord that my lord, king Charles, will permit his
brother, king Ludwig, to have such portion of the kingdom of Lothar as
they two or their representatives may decide upon as just and equitable.
Charles will never molest him in his possession of that portion or of
the kingdom which he held before, if Ludwig on his side will keep the
same faith and fidelity toward him, which I have promised for my lord.
Count Leutfrid, for king Ludwig.
I promise for my lord that my lord, king Ludwig, will permit his
brother, king Charles, to have such portion of the kingdom of Lothar as
they two or their representatives may decide upon as just and equitable.
Ludwig will never molest him in his possession of that portion or of the
kingdom which he held before, if Charles on his side will keep the same
faith and fidelity toward him, which I have promised for my lord.
20. Invasions of Northmen at the End of the Ninth Century.
Annals of Fulda, M. G. SS. folio, I, pp. 398 ff.
See introductory note to no. 15 for the nature of these invasions. The
chronicle accounts in this and the next document illustrate very well
the necessity which lay upon the local officials of defending the
country against invaders. The particular feature of the events narrated
here is the participation of the ecclesiastical lords, archbishops and
bishops, in these warlike enterprises. This was due to the fact that the
ecclesiastical lords were great landholders and exercised all the
functions of secular officials.
Ad annum 883. The Northmen, ascending the Rhine, plundered and burnt
many villages. Liutbert, archbishop of Mainz, with a small band of
troops, attacked them and, after killing many of them, recovered much of
the booty which they had taken. Cologne [which had been burnt by the
Northmen, 881] was rebuilt, except its churches and monasteries, and its
walls with their gates and towers were restored.
Ad annum 885. The Northmen entered the territory about Liège, collected
all kinds of provisions, and prepared to spend the winter there. But
Liutbert, archbishop of Mainz, and count Heimrih, with others, fell upon
them suddenly, killed many of them, and drove the others into a small
stronghold. They then seized the provisions which the Northmen had
collected. The Northmen, after enduring a long siege, during which they
suffered from hunger, finally fled from the stronghold by night.
21. Invasion of the Hungarians, _ca._ 950.
Thietmar of Merseburg, II, 27; M. G. SS. folio, III, pp. 752 f.
Michael, bishop of Regensburg, after governing his diocese well for some
years, gathered his troops and joined the other Bavarian nobles in
resisting an invasion of the Hungarians. In the battle which followed,
our troops were defeated. One of the bishop's ears was cut off, and
after receiving many other wounds he was left for dead on the field. One
of his personal enemies had fallen at his side, and, by feigning death
when the Hungarians searched the battle-field, he escaped with his life.
When he saw that he was alone with the bishop whom he hated, he seized a
lance and tried to kill him. But the bishop, having recovered
consciousness, was able to defend himself, and, after a fierce struggle
with his enemy, succeeded in striking him down. After a long and
perilous journey the bishop found his way back to Regensburg, greatly to
the joy of his flock. All his clergy welcomed him as a bold warrior, his
flock honored and cherished him as an excellent pastor, and his wounds
and maiming redounded to his honor.
22. Dissolution of the Empire.
Regino, M. G. SS. folio, I, pp. 590 ff.
The empire divided in 843 was for a brief period reunited under Karl the
Fat from 884-887. But the failure of Karl either to enforce his
authority in the empire or to protect its boundaries led to his
deposition and to the definite division of the empire into small
kingdoms under local rulers. Arnulf, an illegitimate son of Karlmann,
the brother of Karl the Fat, became king of Germany; in France, as early
as 879, Provence or lower Burgundy had elected a local count, Boso, as
king; in 888, after the deposition of Karl the Fat, most of the French
nobles elected Odo, duke of Francia, who belonged to the family of the
counts of Paris, as their king, while upper Burgundy chose its own ruler
in count Rudolf, and Aquitaine still held out under its duke for the
young Charles the Simple, grandson of Charles the Bald. In Italy Charles
the Bald, Ludwig, and Karl the Fat had attempted in vain to assert the
authority of the emperor there, and Italy went its own way and became
the field of battle between rival claimants for the crown, both of them
local Italian nobles. Thus by 888 there were, including Aquitaine, six
separate kingdoms, Germany, Italy, France, Aquitaine, Provence, and
Burgundy.
Anno 879. Boso, on hearing of the death of Louis [the Stammerer], set
out from Provence and undertook to seize the whole of Burgundy. And
after he had won over several bishops to his cause by threats and
persuasion, he proceeded to Lyon and there was anointed king over the
Burgundian realm by Aurelian, the metropolitan of Lyon, and the other
bishops. He ignored the young sons of Louis, treating them as
illegitimate because their mother had been disgraced and put away at the
order of Charles [the Bald]. But these youths, Louis and Carlman, were
raised to the throne by abbot Hugo and the other nobles, and warred
against Boso all their lives. Not only they but also the other kings of
the Franks hated him for his usurpation, and made their dukes and
vassals promise that they would try to overthrow and slay him.
Anno 887. In this year there died at Orleans abbot Hugo, who had held
and ruled manfully the duchy [of Robert the Strong, _i.e._, Francia],
and the duchy was given by the emperor to Robert's son, Odo, who had
been up to that time count of Paris, and who, together with Gozlinus,
bishop of Paris, had protected that city with all his might against the
terrible onslaughts of the Northmen....
In the month of November on St. Martin's day [November 11, 887], Karl
[the Fat] came to Tribur and held a general diet. Now when the nobles of
the kingdom saw that the emperor was failing not only in bodily
strength, but in mind also, they joined in a conspiracy with Arnulf, son
of Karlmann, to raise him to the throne, and they fell away from the
emperor to Arnulf in such numbers that after three days scarcely anyone
was left to do the emperor even the services demanded by common
humanity.... King Arnulf, however, gave Karl certain imperial lands in
Alamannia for his sustenance, and then, after he had settled affairs in
Franconia, he himself returned to Bavaria.
Anno 888. After the death of Karl the kingdoms which had obeyed his rule
fell apart and obeyed no longer their natural lord [_i.e._, Arnulf], but
each elected a king from among its own inhabitants. This was the cause
of many wars, not because there were no longer any princes among the
Franks fitted by birth, courage, and wisdom to rule, but because of the
equality of those very traits among so many princes, since no one of
them so excelled the others that they would be willing to obey him. For
there were still many princes able to hold together the Frankish empire,
if they had not been fated to oppose one another instead of uniting.
In Italy one portion of the people made Berengar, son of Everhard,
markgraf of Friuli, king, while another portion chose as king Guido, son
of Lambert, duke of Spoleto. Out of this division came so great a strife
and so much bloodshed that, as our Lord said, the kingdom, divided
against itself, was almost brought to desolation [Matt. 12:25]. Finally
Guido was victorious and Berengar was driven from the kingdom....
Then the people of Gaul came together, and with the consent of Arnulf,
chose duke Odo, son of Robert, a mighty man, to be their king.... He
ruled manfully and defended the kingdom against the continual attacks of
the Northmen.
About the same time, Rudolf, son of Conrad, the nephew of abbot Hugo,
seized that part of Provence between the Jura and the Pennine Alps
[Upper Burgundy], and in the presence of the nobles and bishops, crowned
himself king. ... But when Arnulf heard of this he advanced against
Rudolf, who betook himself to the most inaccessible heights and held out
there. All his life Arnulf, with his son Zwentibold, made war on Rudolf,
but could not overcome him, because he held out in places where only the
chamois could go and where the troops of the invaders could not reach
him.
23. The Coronation of Arnulf, 896.
Regino, M. G. SS. folio, I, p. 607.
Arnulf regarded himself as the successor to Karl the Great and attempted
to exercise some real authority over the whole empire. This appears in
his relations to Odo of France, to the kings of the Burgundies, and to
the claimants in Italy. The expedition which he undertook to Italy in
order to end the disorders there resulted in his receiving the imperial
crown.
Anno 896. A second time Arnulf went down into Italy and came to Rome,
and with the consent of the pope stormed the city. This was an
unheard-of thing, not having happened since Brenno and the Gauls
captured Rome many years before the birth of Christ.{54} The mother of
Lambert, whom he had left to defend the city, fled with her troops.
Arnulf was received into the city with the greatest reverence by pope
Formosus and was crowned emperor by him before the altar of St. Peter.
But as he returned from Rome he was seized with an illness that troubled
him for a long time.
{54} Not true; see no. 2, for the sack of Rome by Alaric, 410, and by
Geiseric, 455.
24, 25. Rise of the Tribal Duchies in Germany, _ca._ 900.
24. Saxony.
Widukind, History of the Saxons, I, c. 16; M. G. SS. folio. III, p.
425.
In the beginning of the tenth century we find Germany divided into five
great duchies, Lotharingia, Franconia, Saxony, Bavaria, and Suabia. The
boundaries of the last four corresponded pretty closely to the
boundaries of old German tribes: Franks, Saxons, Bavarians, and
Alamanni. The attempt of Karl to weld the various German tribes into one
state was successful during his reign, but that period was too brief to
extinguish the tribal feeling, and his weak successors, occupied with
schemes of selfish aggrandizement, abandoned his larger policy. During
the later Carolingian period the impotence of the central government put
the burden of ruling upon the local officials, who under the weak rule
of Ludwig the Child usurped the title of duke in each of the large
divisions. This usurpation was successful largely because the people in
each duchy regarded their new duke as the representative of tribal
unity. In Saxony and Bavaria the counts of the marks took the position
of leaders of the nobles and people of the whole provinces against the
invasions of Slavs and Hungarians, and were rewarded by the fidelity and
allegiance of the duchy. In Franconia and Suabia the same position was
won by local officials, but in these cases it was as the result of
struggles between rival families for supreme position in the duchy. The
references in documents to these events are very meager, but it will be
observed that dukes of Saxony, Bavaria, Franconia, Suabia are mentioned
in these passages.
The last of the Carolingian emperors of the East Franks was Ludwig [the
Child], son of Arnulf.... This Ludwig married Liudgard, sister of Bruno
and the great duke Otto, and soon after died. These men, Bruno and Otto,
were the sons of Liudolf.... Bruno ruled the duchy of all Saxony, but
perished with his army in resisting an incursion of the Danes, thus
leaving the duchy to his younger and far abler brother Otto. Ludwig the
Child left no son, and all the people of Franconia and Saxony tried to
give Otto the crown. But he refused to undertake the burden of ruling,
on the ground that he was too old, and by his advice Conrad, duke of
Franconia, was anointed king.
25. Suabia.
Annales Alamannici, M. G. SS. folio, I, pp. 55 f.
Anno 911. Burchart, count and prince of the Alamanni, was unjustly slain
by the judgment of Anselm, and his sons Burchart and Udalrich were
driven out and his possessions and fiefs divided among his enemies....
Anno 913. In this year Conrad the king attacked the king of Lotharingia.
A conflict arose between Conrad and Erchanger [a count palatine in
Suabia]. The Hungarians break into Alamannia; on their return Arnulf
[duke of Bavaria] and Erchanger, with Berthold and Udalrich, attack and
defeat the Hungarians. In this year peace is made between the king and
Erchanger, and the king marries the sister of Erchanger.
Anno 914. Conrad again comes into Alamannia. Erchanger attacks bishop
Salomon and captures him. In the same year Erchanger is captured by the
king and exiled. Immediately the young Burchart [son of Burchart] rebels
against the king and devastates his own fatherland.
Anno 915.... Erchanger returns from exile and attacks Burchart and
Berthold and conquers them at Wallwis, and is made duke of the Alamanni
[duke of Suabia].
26. Henry I and the Saxon Cities, 919-36.
Widukind, I, 35; M. G. SS. folio, III, p.432.
Henry, duke of Saxony, king of the Germans, 919-936, was the first king
of the Saxon house. He was also the first king of the Germans to accept
the feudal state and to attempt to build up a government on that basis.
He did not revive the imperial claims on Italy, but devoted himself to
strengthening his own authority in Saxony, to defending the frontiers of
the kingdom, and to creating a German state. This selection is from the
history of the Saxons written by Widukind, a monk in the monastery of
New Corvey, who wrote in the latter part of the tenth century. The
passage illustrates the relations of the Germans to the Slavs on the
east and the origin of the Saxon cities. The Slavs had moved as far west
as the Elbe, occupying the lands left vacant by the Germans after the
migrations. Much of this territory was gradually recovered by the
Germans from the time of Henry. Here we see the capture of the city of
Brandenburg and the reduction of Bohemia. Following the conquest came
the establishment of the marks and the colonization and Germanizing of
the land.
It lies beyond my power to relate in detail how king Henry, after he had
made a nine years' truce with the Hungarians, undertook to develop the
defenses of his own land [Saxony] and to subdue the barbarians; and yet
this must not be passed over in silence. From the free peasants subject
to military service he chose one out of every nine, and ordered these
selected persons to move into the fortified places and build dwellings
for the others. One-third of all the produce was to be stored up in
these fortified places, and the other peasants were to sow and reap and
gather the crops and take them there. The king also commanded all courts
and meetings and celebrations to be held in these places, that during a
time of peace the inhabitants might accustom themselves to meeting
together in them, as he wished them to do in case of an invasion. The
work on these strongholds was pushed night and day. Outside of these
fortified places there were no walled towns. While the inhabitants of
his new cities were being trained in this way, the king suddenly fell
upon the Heveldi [the Slavs who dwell on the Havel], defeated them in
several engagements, and finally captured the city of Brandenburg. This
was in the dead of winter, the besieging army encamping on the ice and
storming the city after the garrison had been exhausted by hunger and
cold. Having thus won with the capture of Brandenburg the whole
territory of the Heveldi, he proceeded against Dalamantia, which his
father had attacked on a former occasion, and then besieged Jahna and
took it after twenty days.... Then he made an attack in force upon
Prague, the fortress of the Bohemians, and reduced the king of Bohemia
to subjection.
27. The Election of Otto I, 936.
Widukind, II, 1, 2; M. G. SS. folio, III, pp. 437 ff.
This passage is also taken from Widukind. It shows the ceremony of
election and coronation in the tenth century. Note the steps in the
process: (1) designation by his father, at which time the son was
probably accepted by an assembly of the nobles; (2) election by the
general assembly after the death of the father; the general assembly at
this period probably consisted only of nobles and high ecclesiastics;
(3) elevation to the throne by the feudal nobles, a survival of the
ancient ceremony of raising the king on the shield by the warriors of
the tribe; (4) presentation to the people by the bishops, and
acceptance; (5) solemn coronation and anointing by the archbishops.
1. After Henry, the father of his country and the greatest and best of
kings, had died, all the people of the Franks and the Saxons chose for
their king his son Otto, whom Henry had already designated as his
successor, and they sent out notices of the coronation, which was to
take place at Aachen. ... And when all were assembled there, the dukes
and the commanders of the soldiers and other military leaders raised
Otto upon the throne, which was erected in the portico adjoining the
church of Karl the Great, and giving him their hands and promising him
their fidelity and aid against all his enemies, they made him king
according to their custom. Meanwhile the archbishop of Mainz and the
clergy and people awaited him within the church. And when he approached
the archbishop met him, ... and went with him to the centre of the
church; ... then turning to the people ... he said: "I bring you Otto,
chosen by God, designated by our lord Henry, and now made king by all
the princes; if this choice pleases you, raise your right hands." At
this, the whole people raised their right hands to heaven and hailed the
new ruler with a mighty shout. Then the archbishop advanced with the
king, who was clothed with a short tunic after the Frankish custom, to
the altar, on which lay the royal insignia, the sword and belt, the
cloak and armlets, the staff with the sceptre and diadem. The primate at
this time was Hildibert, a Frank by birth and a monk by training. He had
been brought up and educated at the monastery of Fulda, and finally was
made archbishop of Mainz.... Now when there had arisen a dispute as to
who should consecrate the king (for the honor was claimed by the
archbishops both of Trier and of Cologne, the former because his see was
the oldest and had been founded, as it were, by St. Peter, and the
latter because Aachen was in his diocese),{55} the difficulty was
settled by both of them yielding with all good will to Hildibert.
The archbishop, going up to the altar, took up the sword and belt and,
turning to the king, said: "Receive this sword with which you shall cast
out all the enemies of Christ, both pagans and wicked Christians, and
receive with it the authority and power given to you by God to rule over
all the Franks for the security of all Christian people." Then taking up
the cloak and armlets he put them on the king and said: "The borders of
this cloak trailing on the ground shall remind you that you are to be
zealous in the faith and to keep peace." Finally, taking up the sceptre
and staff, he said: "By these symbols you shall correct your subjects
with fatherly discipline and foster the servants of God and the widows
and orphans. May the oil of mercy never be lacking to your head, that
you may be crowned here and in the future life with an eternal reward."
Then the archbishops Hildibert of Mainz and Wicfrid of Cologne anointed
him with the sacred oil and crowned him with the golden crown, and now
that the whole coronation ceremony was completed they led him to the
throne, which he ascended. The throne was built between two marble
columns of great beauty and was so placed that he could see all and be
seen by all.
2. Then after the Te Deum and the mass, the king descended from his
throne and proceeded to the palace, where he sat down with his bishops
and people at a marble table which was adorned with royal lavishness;
and the dukes served him. Gilbert, duke of Lotharingia, who held the
office by right, superintended the preparations [_i.e._, acted as
chamberlain], Eberhard, duke of Franconia, presided over the
arrangements for the king's table [acted as seneschal], Herman, duke of
Suabia, acted as cupbearer, Arnulf, duke of Bavaria, commanded the
knights and chose the place of encampment [acted as marshal].{56}
Siegfrid, chief of the Saxons, second only to the king, and son-in-law
of the former king, ruled Saxony for Otto, providing against attacks of
the enemy and caring for the young Henry, Otto's brother.
{55} In the time of Leo IX (1048-1054) this quarrel was settled in
favor of the archbishop of Cologne because Aachen was in his diocese.
{56} The famous banquet of Otto has been made much of by many authors
to show the power of Otto over the great dukes. It is doubtful, however,
if much importance should be attached to this. The great offices of the
court in Germany were ceremonial and titular, and since they did not
become important departments of the public service, as they did in
France and England, they were allowed to remain in the hands of the
great dukes. The serving of the dukes at the banquet cannot be made to
prove their subservience to Otto; Otto's method of controlling the dukes
was to put his own relatives in those positions. The four offices of the
seneschal, cupbearer, chamberlain, and marshal are the court positions
of the later secular electoral princes (see no. 160), the count palatine
of the Rhine, the king of Bohemia, the elector of Saxony, and the
margrave of Brandenburg. These princes on the breaking up of the tribal
duchies succeeded to the position of first rank among the nobles, which
had been held by the tribal dukes.
28. Otto I and the Hungarians.
Widukind, III, chs. 44 ff; M. G. SS. folio, III, pp. 457 f.
The Hungarians appear on the borders of the empire about the end of the
ninth century. From that time they are a continual source of trouble to
the kings of Germany. Arnulf had made an alliance with them against the
Slavs; the reigns of Ludwig the Child and Conrad I had suffered from
their attacks, and Henry I had succeeded in forcing them to make a
truce. Otto then defeated them in the battle of the Lechfeld (955),
which is narrated here, after which they settled in the region where
they are found to-day.
44. While Otto was in Saxony, ambassadors of the Hungarians came to him,
under the pretext of the old alliance and friendship, but in reality, it
was supposed, in order to discover the outcome of the civil war in which
Otto had been engaged. After he had entertained them and sent them away
with gifts, he received a message from his brother, the duke of Bavaria,
saying: "Lo, the Hungarians are overrunning your land, and are preparing
to make war upon you." As soon as the king heard this, he immediately
marched against this enemy, taking with him only a few Saxons, since the
rest were occupied at that time with a conflict against the Slavs. He
pitched his camp in the territory of the city of Augsburg and was joined
there by the army of the Franconians and Bavarians and by duke Conrad
with a large following of knights. Conrad's arrival so encouraged the
warriors that they wished to attack the enemy immediately. Conrad was by
nature very bold, and at the same time very wise in council, two things
which are not usually found in the same man. He was irresistible in war,
whether on foot or on horseback; and was dear to his friends in peace as
well as in war. It now became apparent through the skirmishes of the
advance posts that the two armies were not far apart. A fast was
proclaimed in the camp, and all were commanded to be ready for battle on
the next morning. At the first gleam of dawn they all arose, made peace
with one another, and promised to aid first their own leaders and then
each other. Then they marched out of the camp with standards raised,
some eight legions in all. The army was led by a steep and difficult way
in order to avoid the darts of the enemy, which they use with great
effect if they can find any bushes to hide behind. The first, second,
and third lines were composed of Bavarians led by the officers of duke
Henry, who himself was lying sick some distance from the field of
battle--a sickness from which he died not long after. The fourth legion
was composed of Franconians, under the command of duke Conrad. The king
commanded the fifth line. This was called the royal legion and was made
up of selected warriors, brave youths, who guarded the standard of the
angel, the emblem of victory. The sixth and seventh lines were composed
of Suabians, commanded by duke Burchard, who had married the daughter of
the brother of Otto [Hedwig, daughter of Henry]. The eighth was made up
of a thousand chosen warriors of the Bohemians, whose equipment was
better than their fortune; here was the baggage and the impedimenta,
because the rear was thought to be the safest place. But it did not
prove to be so in the outcome, for the Hungarians crossed the Lech
unexpectedly, and turned the flank of the army and fell upon the rear
line, first with darts and then at close quarters. Many were slain or
captured, the whole of the baggage seized, and the line put to rout. In
like manner the Hungarians fell upon the seventh and sixth lines, slew a
great many and put the rest to flight. But when the king perceived that
there was a conflict going on in front and that the lines behind him
were also being attacked, he sent duke Conrad with the fourth line
against those in the rear. Conrad freed the captives, recovered the
booty, and drove off the enemy. Then he returned to the king,
victorious, having defeated with youthful and untried warriors an enemy
that had put to flight experienced and renowned soldiers.
46. ... When the king saw that the whole brunt of the attack was now in
front ... he seized his shield and lance, and rode out against the enemy
at the head of his followers. The braver warriors among the enemy
withstood the attack at first, but when they saw that their companions
had fled, they were overcome with dismay and were slain. Some of the
enemy sought refuge in near-by villages, their horses being worn out;
these were surrounded and burnt to death within the walls. Others swam
the river, but were drowned by the caving in of the bank as they
attempted to climb out on the other side. The strongholds were taken and
the captives released on the day of the battle; during the next two days
the remnants of the enemy were captured in the neighboring towns, so
that scarcely any escaped. Never was so bloody a victory gained over so
savage a people.
29. The Imperial Coronation of Otto I, 962.
Continuation of Regino; M. G. SS. folio, I, p. 625.
The coronation of Otto is regarded as the restoration of the Holy Roman
Empire. From the time of the coronation of Arnulf (896) (see no. 23) to
Otto's first expedition, 951, the German kings had been too much
occupied at home to interfere in Italy. During these years Italy had
been the scene of a long struggle for the crown, in which the papacy had
taken part as a secular power. The result was feudal anarchy in Italy
and the degradation of the papacy. The desire to restore order in Italy,
to revive the old imperial claims, and to reform the papacy, led Otto to
accept the invitation of the pope and to make a second expedition which
ended in the coronation. Otto thus revived the Carolingian policy which
had been handed on by Arnulf. The union of Germany and Italy to form the
mediæval empire was made certain by this coronation. The kings of
Germany were pledged to the maintenance of their authority in Italy, a
policy which caused them to waste in Italy the strength and the
opportunity which they should have used to build up a German state.
Anno 962. King Otto celebrated Christmas at Pavia in this year [961],
and went thence to Rome, where he was made emperor by pope John XII with
the acclamation of all the Roman people and clergy. The pope entertained
him with great cordiality and promised never to be untrue to him all the
days of his life. But this promise had a very different outcome from
what was anticipated by them.
(Otto leaves Rome to attack Berengar, who claimed to be king of Italy,
and his sons Adalbert and Guido.)
963.... In the meantime pope John, forgetting his promise, fell away
from the emperor and joined the party of Berengar, and allowed Adalbert
to enter Rome. When Otto heard of this he abandoned the siege [of San
Leo] and hastened with his army to Rome. But pope John and Adalbert,
fearing to await his arrival, seized most of the treasures of St. Peter
and sought safety in flight. Now the Romans were divided in sympathy,
part favoring the emperor because of the oppressions of the pope, and
part favoring the papal cause; nevertheless, they received him in the
city with the proper respect, and gave hostages for their complete
obedience to his commands. The emperor having entered Rome, called
together there a large number of bishops and held a synod; it was
decided at this synod that he should send an embassy after the pope to
recall him to the apostolic seat. But when John refused to come, the
Roman people unanimously elected the papal secretary Leo [VIII] to fill
his place.
30-31. The Acquisition of Burgundy by the Empire, 1018-1032.
30. Thietmar of Merseburg.
M. G. SS. folio, III, p. 863.
The kingdom of Burgundy or Arles was formed by the union of the two
small kingdoms of Provence and Upper Burgundy, the beginning of which is
told in Regino (see no. 22). The result of the acquisition of Burgundy
was not to increase the territory of Germany, but to add another kingdom
to the empire, which now included Germany, Italy, and Burgundy.
VIII, 5. Now I shall break off the relation of these negotiations in
order to tell of the good fortune which lately befell our emperor, Henry
[II]. For his mother's brother, Rudolf, king of Burgundy, had promised
him his crown and sceptre in the presence and with the consent of his
wife and his step-sons and all his nobles, and now this promise was
repeated with an oath. This happened at Mainz in the same year
[February, 1018].
31. Wipo, Life of Conrad II.
M. G. SS. folio, XI, pp. 263 ff.
8. Rudolf, king of Burgundy, in his old age ruled his realm in a
careless fashion and thereby aroused great dissatisfaction among his
nobles. So he invited his sister's son, the emperor Henry II, to come to
him, and he designated him as his successor and caused all the nobles of
his realm to swear fealty to him.... Now after the death of Henry
[1024], king Rudolf wished to withdraw his promise, but Conrad [II],
desiring to increase rather than to diminish the empire and to reap the
fruits of his predecessor's efforts, seized Basel in order to force
Rudolf to keep his promise. But queen Gisela, the daughter of Rudolf's
sister, brought about reconciliation between them.
29. In the year of our Lord 1032, Rudolf, king of Burgundy, died, and
count Odo of Champagne, his sister's son, invaded the kingdom and had
already seized many castles and towns, partly by treachery and partly by
force. ... In this way he gained a large part of Burgundy, although the
kingdom had been promised under oath a long time before by Rudolf to
Conrad and his son, king Henry. But while Odo was doing this in
Burgundy, emperor Conrad was engaged in a campaign against the Slavs....
30. In the year of our Lord 1033, emperor Conrad, with his son, king
Henry, celebrated Christmas at Strassburg. From there he invaded
Burgundy by way of Solothurn, and at the monastery of Peterlingen on the
day of the purification of the Virgin Mary [February 2] he was elected
king of Burgundy by the higher and lower nobility, and was crowned on
the same day.
32. Henry III and the Eastern Frontier, 1040 to 1043.
Lambert of Hersfeld, Annals, M. G. SS. folio, V, pp. 152 f.
The expansion of Germany to the east was slow and unstable. Poles,
Bohemians, and Hungarians refused to remain tributary, but took every
opportunity to rebel against the Germans. We give a few passages from
Lambert's Annals to show that Henry III was aware of the policy
bequeathed him by his predecessors, although he was not very successful
in his efforts to carry it into effect.
Anno 1040. King Henry [III] led an army into Bohemia, but suffered heavy
losses. Among others, count Werner and the standard bearer of the
monastery of Fulda were slain.
Peter, king of Hungary, was expelled by his people. He fled to Henry and
asked his aid.
1041. King Henry entered Bohemia a second time and compelled their duke,
Bretislaw, to surrender. He made his territory tributary to Henry.
Ouban, who had usurped the crown of Hungary, invaded Bavaria and
Carinthia (Kaernthen) and took much booty. But the Bavarians united all
their forces, followed them, retook the booty, killed a great many of
them, and put the rest to flight.
1042. King Henry made his first campaign against Hungary, and put Ouban
to flight. He went into Hungary as far as the Raab river, took three
great fortresses, and received the oath of fidelity from the inhabitants
of the land.
1043. The king celebrated Christmas at Goslar, where the duke of Bohemia
came to see him. He was kindly received by the king, honorably
entertained for some time, and at length sent away in peace. Ambassadors
came to him there from many peoples, and among them those of the Rusci,
who went away sad because Henry refused to marry the daughter of their
king. Ambassadors also came from the king of Hungary and humbly sued for
peace. But they did not obtain it, because king Peter, who had been
deposed and driven out by Ouban, was there and was begging for the help
of Henry against Ouban.
II. THE PAPACY TO THE ACCESSION OF GREGORY VII, 1073
The chief purpose of the documents offered in this section is to
illustrate the growth of the papal power and the development of the
conflicting claims of the empire and the papacy. The organization of the
church was a matter of slow growth, and at first the bishop of Rome
actually exercised ecclesiastical authority in a decisive way only in
his own diocese. But by 1073 the organization of the church was so
developed that the supremacy of the pope over the church and
ecclesiastical affairs in the west was in a fair way of becoming an
accomplished fact. He had secured the sole right to be called pope,
universal, and apostolic.
The growth of his temporal power is even more clearly marked. At the
time of Constantine the bishop of Rome had no temporal authority. But
gradually he acquired power over temporal matters and exercised various
secular and even imperial prerogatives, until Gregory VII found it easy
to formulate and put forth the claim that the pope was master of the
emperor and the real ruler of the world even in temporal things. Before
1073 there was occasional friction between the empire and the papacy,
but this did not develop into a real and definite struggle for world
supremacy until Gregory VII became pope.
Selections are here given to illustrate (1) the election of bishops, and
especially the early election of the bishop of Rome, nos. 33, 34, 37,
38; (2) the chief means by which the pope acquired recognition of his
ecclesiastical headship in the west, that is, his missionary work, nos.
35, 39, 40; (3) the rebellion of the pope against the rule of the Greek
emperors, nos. 41, 42; (4) the acquisition of land and of temporal
authority by the pope, nos. 36, 43-46, 54; (5) the development of
specific conflicting claims of pope and emperor regarding the election
and consecration of the pope, the creation and coronation of the
emperor, and the exercise of functions which had been regarded as
imperial, nos. 47-53, 55-59.
33. Legislation Concerning the Election of Bishops, Fourth to the Ninth
Century.
Corpus Juris Canonici. Dist. LXIII, c. vi, vii, and i.
In the election of the clergy, especially of the bishops, it was some
centuries before the theory and the practice of the church entirely
agreed. In theory the laity should have nothing to do with the election
of the clergy, but in fact, they have, at various times and in different
degrees, exercised authority over such matters. Thus, for instance, the
people of Rome had a part in the election of their bishop; the emperors
at Constantinople, at first in person, later through the exarch at
Ravenna, confirmed his election; Karl the Great and his successors named
the bishops of Germany; Otto I and Henry III made and unmade bishops of
Rome. This state of affairs lasted well into the eleventh century. The
church strove more and more to free itself from all outside influence,
while the emperors struggled to retain their control of it.
The Corpus Juris Canonici (Body of Canon Law), which consists chiefly of
decisions of church councils and of papal decrees and bulls, is the code
of laws by which the church is governed. Frequent additions were made to
it until Gregory XIII (1572-85) prepared a standard edition of it. It
has been republished a great many times. For the sake of brevity we have
made use of a few of its chapters here instead of the longer originals
from which they are taken.
C. vi. Laymen have not the right to choose those who are to be made
bishops.
(From the Council of Laodicæa, fourth century.)
C. vii. Every election of a bishop, priest, or deacon, which is made by
the nobility [that is, emperor, or others in authority], is void,
according to the rule which says: "If a bishop makes use of the secular
powers to obtain a diocese, he shall be deposed and those who supported
him shall be cast out of the church."
(From the third canon of the second council at Nicæa, 787, quoting the
30th canon of the Apostolic Constitutions; Mansi, XVI, 748.)
C. i. No layman, whether emperor or noble, shall interfere with the
election or promotion of a patriarch, metropolitan, or bishop, lest
there should arise some unseemly disturbance or contention; especially
since it is not fitting that any layman or person in secular authority
should have any authority in such matters.... If any emperor or
nobleman, or layman of any other rank, opposes the canonical election of
any member of the clergy, let him be anathema until he yields and
accepts the clear will of the church in the election and ordination of
the bishop.
(From the twenty-second canon of the eighth synod of Constantinople,
869; Mansi, XVI, 174 f.)
34. The Pope must be Chosen from the Cardinal Clergy of Rome, 769.
Enactment of a Latin council held by Stephen III, 769, Cor. Jur. Can.,
Dist. LXXIX. (See also Mansi, XII, 719.)
C. iii. It is necessary that our mistress the holy Roman Catholic church
be governed properly, and in accordance with the precedents established
by St. Peter and his successors, and that the pope be chosen from the
cardinal priests or cardinal deacons. C. iv. No one, whether layman or
clergyman, shall presume to be made pope unless he has risen through the
regular grades{57} at least to the rank of cardinal deacon or has been
made a cardinal priest.
{57} The grades are given as follows in the Cor. Jur. Can., Dist.
LXXVII, c. i. The candidate for the office of bishop must first have
been doorkeeper (_ostiarius_), then reader (_lector_), then exorcist
(_exorcista_), then consecrated as an acolyte (_acolythus_), then
subdeacon (_subdiaconus_), then deacon (_diaconus_), then priest
(_presbyter_), and then if he is elected he may be ordained bishop. The
law expressed in chap. iii, so thoroughly in the interests of the
ambitious clergy of Rome, was not long observed, for it frequently
happened that the bishop of some other city was chosen pope. But it was
in accord with previous legislation. The church had early declared
against the removal of a clergyman from one congregation to another.
Thus the council of Nicæa, 325, in its fifteenth canon (cf. Hefele,
Conciliengeschichte, I, pp. 418 f), "forbids bishops, priests, and
deacons to move from one town (congregation) to another, because such a
practice is against the rule of the church and has often caused
disturbances and divisions between congregations. If any bishop, priest,
or deacon disobeys this command and removes to another congregation, his
action shall be illegal, and he shall be sent back to the congregation
which he was serving."
35. The Petrine Theory as Stated by Leo I, 440-61.
Migne, 64.
Leo I (440-61) made frequent use of the Petrine theory. In brief this
theory is that to Peter as the prince of the apostles was committed the
supreme power over the church. To him the keys were intrusted in a
special manner. In this consisted his primacy, his superiority over the
other apostles. This primacy or first rank he communicated to his
successors, the bishops of Rome, who, by virtue of being his successors,
held the same primacy over the church and over all other bishops as
Peter held over the other apostles. The passage on which this theory is
based is found in Matt. 16:18 f: "And I say unto thee, That thou art
Peter, and upon this rock I will build my church; and the gates of hell
shall not prevail against it. And I will give unto thee the keys of the
kingdom of heaven: and whatsoever thou shalt bind on earth shall be
bound in heaven: and whatsoever thou shalt loose on earth shall be
loosed in heaven."
We offer the following detached passages from the works of Leo I to
illustrate his conception of the theory.
Col. 628. Our Lord Jesus Christ, the Saviour of the world, caused his
truth to be promulgated through the apostles. And while this duty was
placed on all the apostles, the Lord made St. Peter the head of them
all, that from him as from their head his gifts should flow out into all
the body. So that if anyone separates himself from St. Peter he should
know that he has no share in the divine blessing.
Col. 656. If any dissensions in regard to church matters and the clergy
should arise among you, we wish you to settle them and report to us all
the terms of the settlement, so that we may confirm all your just and
reasonable decisions.
Col. 995. Constantinople has its own glory and by the mercy of God has
become the seat of the empire. But secular matters are based on one
thing, ecclesiastical matters on another. For nothing will stand which
is not built on the rock [Peter] which the Lord laid in the foundation
[Matt. 16:18].... Your city is royal, but you cannot make it apostolic
[as Rome is, because its church was founded by St. Peter].
Col. 1031. You will learn with what reverence the bishop of Rome treats
the rules and canons of the church if you read my letters by which I
resisted the ambition of the patriarch of Constantinople, and you will
see also that I am the guardian of the catholic faith and of the decrees
of the church fathers.
Col. 991. On this account the holy and most blessed pope, Leo, the head
of the universal church, with the consent of the holy synod, endowed
with the dignity of St. Peter, who is the foundation of the church, the
rock of the faith, and the door-keeper of heaven, through us, his
vicars, deprived him of his rank as bishop, etc. [From a letter of his
legates.]
Col. 615. And because we have the care of all the churches, and the
Lord, who made Peter the prince of the apostles, holds us responsible
for it, etc.
Col. 881. Believing that it is reasonable and just that as the holy
Roman church, through St. Peter, the prince of the apostles, is the head
of all the churches of the whole world, etc.
Col. 147. This festival should be so celebrated that in my humble person
he [Peter] should be seen and honored who has the care over all the
shepherds and the sheep committed to him, and whose dignity is not
lacking in me, his heir, although I am unworthy.
36. The Emperor Gives the Pope Authority in certain Secular Matters.
The Pragmatic Sanction of Justinian, 554; M. G. LL. folio, V, p. 175.
One of the chief effects of the invasions of the barbarians was an
increased lawlessness and disorder throughout the territory in which
they settled. The administration of justice was seriously disturbed by
their presence in the country, and the machinery of government was, to a
certain extent, destroyed by them. Under these circumstances the clergy,
by virtue of their office and character, were looked on as
representatives of law, order, and justice, and they were quite
naturally given a voice in the administration of justice and in the
general management of affairs. The selections from the pragmatic
sanction, which Justinian issued in 554, show in part the use which he
made of the bishop of Rome to restore and secure order and good
government in Italy after the long, destructive, and demoralizing wars
which he waged with the East Goths.
§ 12. The bishops and chief men shall elect officials for each province
who shall be qualified and able to administer its government, etc.
§ 19. That there may be no opportunity for fraud or loss to the
provinces, we order that, in the purchase and sale of all kinds of
produce [grain, wine, oil, etc.] and in the payment and receipt of
money, only those weights and measures shall be used which we have
established and put under the control of the pope and of the senate.
37. The Emperor has the Right to Confirm the Election of the Bishop of
Rome, _ca._ 650. A Letter from the Church at Rome to the Emperor at
Constantinople, Asking him to Confirm the Election of their Bishop.
Liber Diurnus, no. 58, Rozière's edition, pp. 103 ff; Von Sickel's
edition. pp. 47 ff.
For a long time the emperor at Constantinople had exercised the right of
confirming the election of the bishop of Rome. No one could be ordained
and consecrated pope until his election had been confirmed by the
emperor.
The _Liber Diurnus_ is a collection of letters or formulas which were
used by the papal secretaries as models in drawing up the pope's
letters. This particular collection was in use at the papal court from
about 600 to 900 A.D. When it became necessary to write to the emperor
at Constantinople to secure his confirmation of the election of a bishop
of Rome, a secretary would copy this letter, inserting the proper names
in the appropriate places and making such other changes in its wording
as might be necessary to fit the particular case.
Although God himself has brought about such harmony and unity in the
election of a successor to the pope who has just died that there is
scarcely one that opposes it, it is necessary that we humbly pour out
the prayers of our petition to our most serene and pious lord who is
known to rejoice in the harmony of his subjects and graciously to grant
what they unite in asking. Now, when our pope (name), of blessed memory,
died, we all agreed in the election of (name), venerable archdeacon of
the apostolic see, because from his early youth he had served in this
church and had shown himself so able in all things that on the score of
his merits he deserved to be put at the head of the government of the
church; especially since he was of such a character that with the help
of Christ and by constant association with the aforesaid most blessed
pope (name), he has attained to the same high merits with which his
predecessor (name), of blessed memory, was graced; with his eloquence,
he stirred within us a desire for the holy joys of heaven; so we
confidently believe that what we have lost in his predecessor we have
found again in him. Therefore, with tears, all your servants beg that
you, our lord, may deign to grant our petition and accede to our wishes
concerning the ordination of him whom we have elected, and, to the glory
of the realm, authorize his ordination; that thus, after you have
established him over us as our pastor, we may constantly pray for the
life and government of our lord the emperor to the omnipotent Lord and
to St. Peter, over whose church, with your permission, a worthy governor
is now to be ordained.
Signatures of the clergy:
I, (name), by the mercy of God, priest of the holy Roman Church, have
signed this our action regarding (name), venerable archdeacon of the
holy apostolic see, our pope elect.
Signatures of the laity:
I, (name), your servant, have with full consent signed this our action
regarding (name), venerable archdeacon of the holy apostolic see, our
pope elect.
38. A Letter from the Church at Rome to the Exarch at Ravenna, Asking
him to Confirm the Election of their Bishop, _ca._ 600.
Liber Diurnus, no. 60, Rozière's edition, pp. 110 ff; Von Sickel, pp.
50 ff.
As is clear from the preceding number, the confirmation of the election
of the bishop of Rome was in the hands of the emperor. His residence was
at Constantinople, but he was, of course, not always to be found there.
Because of his distance from Rome it might take several months to secure
his confirmation. Such delays interfered with the administration of the
office and were very burdensome to the Romans because the pope had a
large share in the government of the city. Until their new bishop was
confirmed the government of the city was almost at a standstill. So, in
the seventh century, the emperor, at the request of the Romans,
commissioned his exarch at Ravenna to act for him in this matter.
To the most excellent and exalted lord (may God graciously preserve him
to us for a long life in his high office), (name), exarch of Italy, the
priests, deacons, and all the clergy of Rome, the magistrates, the army,
and the people of Rome, as suppliants, send greeting.
Providence is able to give aid and to change the weeping and groaning of
the sorrowing into rejoicing, that those who were recently smitten down
with affliction may afterward be fully consoled. For the poet king, from
whose prophetic heart the Holy Spirit spoke, has said: "Weeping may
endure for a night, but joy cometh in the morning" [Ps. 30:5]. And
again, giving thanks to God, he sings of the greatness of his mercies,
and says: "Thou hast turned for me my mourning into dancing: thou hast
put off my sackcloth, and girded me with gladness: to the end that my
glory may sing praise to thee, and not be silent" [Ps. 30: 11-12]. For
he careth for us [1 Peter, 5:7] as that chosen vessel [Peter] and our
confession of faith declare. For the things which were causing sadness
He has changed to rejoicing and has mercifully given aid to us, unworthy
sinners. Now, our pope (name) having been called from present cares to
eternal rest, as is the lot of mortals, a great load of sorrow oppressed
us, deprived, as we were, of our guardian. But because we hoped in God,
He did not permit us long to remain in this affliction. For after we had
spent three days in prayer that He would deign to make known to all who
was worthy and should be elected pope, with the aid of his grace which
inspired our minds, we all came together in the accustomed manner; that
is, the clergy and the people of Rome, the nobility and the army, as we
say, from the least to the greatest; and the election, with the help of
God and the aid of the holy apostles, fell upon the person of (name),
most holy archdeacon of this holy apostolic see of the church of Rome.
The holy and chaste life of this good man, beloved of God, was so
pleasing to all that no one opposed his election, and no one dissented
from it. Why should not men unanimously agree upon him whom the
incomparable and never failing providence of God had foreordained to
this office? For without doubt this had been determined on in the
presence of God. So, solemnly fulfilling God's decrees and confirming
the desires of our hearts with our signatures, we have sent you our
fellow-servants as the bearers of this writing, (name), most holy
bishop, (name), venerable priest, (name), regionary notary, (name),
regionary subdeacon, (names), honorable citizens, and from the most
flourishing and successful army of Rome, (name), most eminent consul,
and (names), chief men, tribunes of the army, together most earnestly
begging and praying that you may approve our choice. For he who has been
unanimously elected by us, is, so far as man can discern, above
reproach. And therefore we beg and beseech you to grant our petition
quickly, because there are many matters arising daily which require the
solicitous care and attention of a pope. And the affairs of the province
and all things connected therewith also need and are awaiting some one
to control them. Besides we need some one to keep the neighboring enemy
in check, a thing which can be done only by the power of God and of the
prince of the apostles, through his vicar, the bishop of Rome. For it is
well known that at various times the bishop of Rome has driven off our
enemies by his warnings, and at others he has turned them aside and
restrained them with his prayers; so that by his words alone, on account
of their reverence for the prince of the apostles, they have offered
voluntary obedience; and thus they whom the force of arms had not
overcome have yielded to papal threats and prayers.
Since these things are so, again and again we beseech you, our exalted
lord, with the aid and inspiration of God, to perform the duty of your
imperial office by granting our request. And we, your humble servants,
on seeing our desires fulfilled, may then give unceasing thanks to God
and to you, and with our spiritual pastor, our bishop, enthroned on the
apostolic seat, we may pour out prayers for the life, health, and
complete victories of our most exalted and Christian lords, (names), the
great and victorious emperors, that the merciful God may grant manifold
victories to their royal courage, and cause them to triumph over all
peoples; and that God may give them joy of heart because the ancient
rule of Rome has been restored. For we know that he whom we have elected
pope can, with his prayers, influence the divine Omnipotence; and he has
prepared a joyful increase for the Roman empire, and he will aid you in
the government of this province of Italy which is subject to you, and he
will aid and protect all of us, your servants, through many years.
Signatures of the clergy:
I, (name), humble archpriest of the holy Roman church, have with full
consent subscribed to this document which we have made concerning
(name), most holy archdeacon, our bishop elect.
And the signatures of the laity:
I, (name), in the name of God, consul, have with full consent subscribed
to this document which we have made concerning (name), most holy
archdeacon, our bishop elect.
39. Gregory I Sends Missionaries to the English, 596.
Bede's Ecclesiastical History of the English, Bk. I, chs. 23 and 25.
The pope secured recognition of his supremacy largely because much of
the west was Christianized through his efforts. The mission established
by Augustine in England was one of the most important missionary
undertakings of the pope because it succeeded in making England Roman
Catholic. And not only that, but after the conversion of England,
Englishmen were largely instrumental in Christianizing many parts of
Europe and in subjecting them to the bishop of Rome. Thus it was an
Englishman, Boniface, who organized the church in Germany and put it
under papal control. By English and German missionaries the barbarians
to the north and east of Germany, that is, the Danes, Norwegians,
Swedes, Poles, Bohemians, and Hungarians, were Christianized and made
tributary to the pope.
23. ... Gregory was divinely led to send Augustine, the servant of God,
and with him several other pious monks to preach the word of God to the
English....
25. ... So Augustine and the servants of Christ who were with him came
into Britain. At that time Ethelbert was king in Kent. He was a powerful
king and had extended the boundaries of his realm to the Humber river,
which separates the English of the north from those of the south. On the
east shore of Kent there is a small island called Thanet, about large
enough for 600 families, according to the English way of reckoning....
Here Augustine, the servant of the Lord, landed with his companions,
who, it is said, numbered about forty. At the suggestion of the pope,
they brought with them some Franks as interpreters. They sent word to
Ethelbert that they had come from Rome, bearing good tidings which would
surely bring to all who obeyed them eternal joy in heaven and a kingdom
without end with the true and living God. The king ordered them to
remain where they were and to be supplied with food until he should make
up his mind what to do with regard to them. For he already knew about
Christianity. Indeed his wife, Bertha, of the royal family of the
Franks, was a Christian. Her family had consented to her marriage with
Ethelbert only on the condition that she should be permitted to remain
faithful to her religion, and, to aid her in this, they had sent with
her a bishop named Liudhard.
After some days the king came to Thanet and ordered Augustine and his
companions to come to him.... At the command of the king they sat down,
and after they had preached the word of God to the king and his
companions, he responded as follows: "Beautiful indeed are your words
and the promises which you make. But because they are new and untried I
cannot accept them and desert those things which I and all the English
have held for so long. However, since you are strangers and have come so
far, and since I see that you desire to share with us those things which
you think are true and best, we do not wish to offend you. On the
contrary, we extend to you our gracious hospitality and will supply you
with the necessities of life. And you may also preach, and convert to
your faith as many as you can." And he gave them a dwelling-place in
Canterbury, which is the chief city of his kingdom.
40. The Oath of Boniface to Pope Gregory II, 723.
Migne, 89, cols. 803 ff.
Although the Franks accepted Christianity in 496, they had made little
progress in ecclesiastical discipline and in the knowledge of Christian
doctrine. Heathen beliefs and practices were mixed with their
Christianity, and the clergy were ignorant and undisciplined. The
influence and authority of the pope did not extend to them. Boniface was
an Englishman, a monk, and a devoted supporter of the doctrine of papal
supremacy. He spent his life as a missionary among the Germans and
gained the title of the "apostle of Germany." From 715 to his death in
754 he labored with untiring zeal to convert them and to attach them to
Rome. He visited Rome several times to secure the pope's consent and
blessing on his work, and bound himself by an oath to labor for the
advancement of papal interests. He established bishoprics which became
famous, such as Würzburg, Eichstädt, and Erfurt, and monasteries, such
as Fritzlar, and Fulda. By his efforts the German church was bound
firmly to Rome and the pope's authority established over the church in
Germany.
The pope required the newly elected bishops of his diocese to take an
oath to be obedient and true to him. The unity of the church was to be
secured by the obedience of all to one head, that is, the pope. So when
the Lombards were converted to the orthodox faith the pope required
their bishops to take the same oath to him as did the bishops of his
diocese. Their oath is, with the exception of a few phrases, identical
with this oath of Boniface. That is, the pope regarded Lombardy and
Germany as having the same relation to him as did his own diocese about
Rome.
I, Boniface, by the grace of God bishop, promise thee, St. Peter, prince
of the apostles, and thy vicar, blessed pope Gregory, and his
successors, through the Father, Son, and Holy Spirit, the inseparable
Trinity, and on this thy most holy body, that I will hold the holy
Catholic faith in all its purity, and by the help of God I will remain
in unity with it, without which there is no salvation. I will in no way
consent to anyone who acts against the unity of the church, but, as I
have said, I will preserve the purity of my faith and give my support to
thee [St. Peter] and to thy church, to which God has given the power of
binding and loosing, and to thy vicar, and to his successors. And if I
find out that any bishops are acting contrary to the ancient rules of
the holy fathers, I will have no communion or association with them, but
I will restrain them as far as I can. But if I cannot restrain them I
will report it at once to my lord the pope. And if I shall ever in any
way, by any deceit, or under any pretext, act contrary to this my
promise, I shall be found guilty in the day of judgment, and shall
suffer the punishment of Ananias and Sapphira, who presumed to try to
deceive thee about their possessions and to lie to thee. This text of my
oath, I, Boniface, unworthy bishop, have written with my own hand, and
have placed it over the most holy body of St. Peter; before God as my
witness and judge, I have taken this oath, which also I promise to keep.
41-42. The Rebellion of the Popes against the Emperor.
41. Letter of Pope Gregory II to the Emperor, Leo III, 726 or 727.
Migne, 89, cols. 521 ff.
From the days of Constantine the Great the emperors assumed and actually
exercised extensive authority over the church, presuming even to dictate
in matters which concerned the doctrine and practice of the church.
Since the emperor often supported doctrines which the bishop of Rome
held to be heretical, the relations between him and the pope became more
and more strained. The harsh way in which the emperors treated the popes
who resisted them angered the papal adherents. There were other reasons
also why the rule of the emperor was disliked in Rome, and so it soon
came about that the people of Rome, and even of central Italy, looked
upon the pope as the head of the opposition to the emperor and heartily
supported him when he rebelled against the Greek rule.
The emperors met with increasing resistance when they interfered with
the bishop of Rome. Pope Vigilius (547-554) was humiliated and deposed
by Justinian and died in exile. Because Martin I (649-655) resisted the
emperor in a doctrinal matter, Constans II (642-668) had him brought as
a prisoner to Constantinople (653) and afterward exiled him to the
Crimea. But Sergius I (687-701) successfully resisted the emperor and
escaped arrest and deposition because the people of central Italy
supported him and threatened to revolt if the emperor should seize and
carry away their pope.
The struggle about the use of images gave the popes an opportunity to
rebel and assert their complete independence of the emperor. In 726 the
emperor, Leo III, began to condemn the presence and use of images in the
churches. He met with great resistance, especially in the west, where
pope Gregory II vigorously defended the images. There followed a heated
controversy, in the course of which the pope laid down the principle
that the emperor has no authority in ecclesiastical matters. In the
letter here given Gregory II asserts his independence and practically
excommunicates the emperor. And Gregory III published a general
excommunication of all iconoclasts, as those who destroyed images were
called. The emperor was of course included in this excommunication.
Peace was never again established between the pope and emperor, and the
rebellion of the west was consummated in 800 when pope Leo III crowned
Karl the Great emperor.
We have received the letter which you sent us by your ambassador
Rufinus. We are deeply grieved that you should persist in your error,
that you should refuse to recognize the things which are Christ's, and
to accept the teaching and follow the example of the holy fathers, the
saintly miracle-workers and learned doctors. I refer not only to foreign
doctors, but also to those of your own country. For what men are more
learned than Gregory the worker of miracles, Gregory of Nyssa, Gregory
the theologian, Basil of Cappadocia, or John Chrysostom--not to mention
thousands of others of our holy fathers and doctors, who, like these,
were filled with the spirit of God? But you have followed the guidance
of your own wayward spirit and have allowed the exigencies of the
political situation at your own court to lead you astray. You say: "I am
both emperor and bishop." But the emperors who were before you,
Constantine the Great, Theodosius the Great, Valentinian the Great, and
Constantine the father of Justinian, who attended the sixth synod,
proved themselves to be both emperors and bishops by following the true
faith, by founding and fostering churches, and by displaying the same
zeal for the faith as the popes. These emperors ruled righteously; they
held synods in harmony with the popes, they tried to establish true
doctrines, they founded and adorned churches. Those who claim to be both
emperors and priests should demonstrate it by their works; you, since
the beginning of your rule, have constantly failed to observe the
decrees of the fathers. Wherever you found churches adorned and enriched
with hangings you despoiled them. For what are our churches? Are they
not made by hand of stones, timbers, straw, plaster, and lime? But they
are also adorned with pictures and representations of the miracles of
the saints, of the sufferings of Christ, of the holy mother herself, and
of the saints and apostles; and men expend their wealth on such images.
Moreover, men and women make use of these pictures to instruct in the
faith their little children and young men and maidens in the bloom of
youth and those from heathen nations; by means of these pictures the
hearts and minds of men are directed to God. But you have ordered the
people to abstain from the pictures, and have attempted to satisfy them
with idle sermons, trivialities, music of pipe and zither, rattles and
toys, turning them from the giving of thanks to the hearing of idle
tales. You shall have your part with them, and with those who invent
useless fables and babble of their ignorance. Hearken to us, emperor:
abandon your present course and accept the holy church as you found her,
for matters of faith and practice concern not the emperor, but the
pope,{58} since we have the mind of Christ [1 Cor. 2:16]. The making of
laws for the church is one thing and the governing of the empire
another; the ordinary intelligence which is used in administering
worldly affairs is not adequate to the settlement of spiritual matters.
Behold, I will show you now the difference between the palace and the
church, between the emperor and the pope; learn this and be saved; be no
longer contentious. If anyone should take from you the adornments of
royalty, your purple robes, diadem, sceptre, and your ranks of servants,
you would be regarded by men as base, hateful, and abject; but to this
condition you have reduced the churches, for you have deprived them of
their ornaments and made them unsightly. Just as the pope has not the
right to interfere in the palace or to infringe upon the royal
prerogatives, so the emperor has not the right to interfere in the
churches, or to conduct elections among the clergy, or to consecrate, or
to administer the sacraments, or even to participate in the sacraments
without the aid of a priest; let each one of us abide in the same
calling wherein he is called of God [1 Cor. 7:20]. Do you see, emperor,
the difference between popes and emperors? If anyone has offended you,
you confiscate his house and take everything from him but his life, or
you hang him or cut off his head, or you banish him, sending him far
from his children and from all his relatives and friends. But popes do
not so; when anyone has sinned and has confessed, in place of hanging
him or cutting off his head, they put the gospel and the cross about his
neck, and imprison him, as it were, in the sacristy or the treasure
chamber of the sacred vessels; they put him into the part of the church
reserved for the deacons and the catechumens; they prescribe for him
fasting, vigils, and praise. And after they have chastened and punished
him with fasting, then they give him of the precious body of the Lord
and of the holy blood. And when they have restored him as a chosen
vessel, free from sin, they hand him over to the Lord pure and
unspotted. Do you see now, emperor, the difference between the church
and the empire? Those emperors who have lived piously in Christ have
obeyed the popes, and not vexed them. But you, emperor, since you have
transgressed and gone astray, and since you have written with your own
hand and confessed that he who attacks the fathers is to be execrated,
have thereby condemned yourself by your own sentence and have driven
from you the Holy Spirit. You persecute us and vex us tyrannically with
violent and carnal hand. We, unarmed and defenseless, possessing no
earthly armies, call now upon the prince of all the armies of creation,
Christ seated in the heavens, commanding all the hosts of celestial
beings, to send a demon upon you;{59} as the apostle says: "To deliver
such an one unto Satan for the destruction of the flesh, that the spirit
may be saved" [1 Cor. 5:5]. Do you see now, emperor, to what a pitch of
impudence and inhumanity you have gone? You have driven your soul
headlong into the abyss, because you would not humble yourself and bend
your stubborn neck. When a pope is able by his teaching and admonition
to bring the emperor of his time before God, guiltless and cleansed from
all sin, he gains great glory from Him on the holy day of resurrection,
when all our secrets and all our works are brought to light to our
confusion in the presence of his angels. But we shall blush for shame,
because you will have lost your soul by your disobedience, while the
popes that preceded us have won over to God the emperors of their times.
How ashamed we will be on that day, that the emperor of our time is
false and ignominious, instead of great and glorious. Now, therefore, we
exhort you to do penance; be converted and turn to the truth; obey the
truth as you found and received it. Honor and glorify our holy and
glorious fathers and doctors who dispelled the blindness from our eyes
and restored us to sight. You ask: "How was it that nothing was said
about images in six councils?"{60} What then? Nothing was said about
bread or water, whether that should be eaten or not; whether this should
be drunk or not; yet these things have been accepted from the beginning
for the preservation of human life. So also images have been accepted;
the popes themselves brought them to councils, and no Christian would
set out on a journey without images, because they were possessed of
virtue and approved of God. We exhort you to be both emperor and bishop,
as you have called yourself in your letter. But if you are ashamed to
take this upon yourself as emperor, then write to all the regions to
which you have given offence, that Gregory the pope and Germanus the
patriarch of Constantinople are at fault in the matter of the images
[that is, are responsible for the destruction of the images],{61} and we
will take upon ourselves the responsibility for the sin, as we have
authority from God to loose and to bind all things, earthly and
celestial; and we will free you from responsibility in this matter. But
no, you will not do this! Knowing that we would have to render account
to Christ the Lord for our office, we have done our best to convert you
from your error, by admonition and warning, but you have drawn back, you
have refused to obey us or Germanus or our fathers, the holy and
glorious miracle-workers and doctors, and you have followed the teaching
of perverse and wicked men who wander from the truth. You shall have
your lot with them. As we have already informed you, we shall proceed on
our way to the extreme western regions, where those who are earnestly
seeking to be baptized are awaiting us. For although we have sent them
bishops and clergymen from our church, their princes have not yet been
induced to bow their heads and be baptized, because they hope to be
received into the church by us in person. Therefore we gird ourselves
for the journey in the goodness of God, lest perchance we should have to
render account for their condemnation and for our faithlessness. May God
give you prudence and patience, that you may be turned to the truth from
which you have departed; may he again restore the people to their one
shepherd, Christ, and to the one fold of the orthodox churches and
prelates, and may the Lord our God give peace to all the earth now and
forever to all generations. Amen.
{58} Note the plain statement that the emperor has no authority in
ecclesiastical matters. Observe also the general tone of the whole
letter.
{59} This is equivalent to the excommunication of the emperor. But as
Gregory's authority was not recognized in Constantinople, his
excommunication of the emperor would not be observed.
{60} The first six general councils of the church here referred to were
(1) Nicæa, 325; (2) Constantinople, 381; (3) Ephesus, 431; (4)
Chalcedon, 451; (5) Constantinople, 553; (6) Constantinople, 681.
{61} The text of this passage, as Migne has it, is perhaps corrupt; its
meaning, at any rate, is obscure. We have given the only reasonable
interpretation that seemed possible. Apparently the pope agrees to
assume the responsibility for the destruction of images in the past, if
only the emperor will accept the papal view and cease from his
opposition to images in the future.
42. Gregory III Excommunicates all Iconoclasts, 731 A.D.
Mansi, XII, cols. 272 f; Duchesne, Liber Pontificalis, I, p. 416.
See introductory note to no. 41.
The pope [Gregory III] made a decree in the council that if anyone, in
the future, should condemn those who hold to the old custom of the
apostolic church and should oppose the veneration of the holy images,
and should remove, destroy, profane, or blaspheme against the holy
images of God, or of our Lord Jesus Christ, or of his mother, the
immaculate and glorious Virgin Mary, or of the apostles, or of any of
the saints, he should be cut off from the body and blood of our Lord
Jesus Christ. And all the clergy present solemnly signed this decree.
43. The Pope, Gregory III, Asks Aid of the Franks against the Lombards,
739. A Letter of Gregory III to Karl Martel.
Jaffé, IV, p. 14.
When the pope was attacked by the Lombards he found himself without
protection. Aside from the fact that the Greek emperor was wholly
occupied in the east, the pope was in rebellion against him and so could
not expect aid from him. Under these circumstances there was nothing to
do but seek help from the Franks. But Karl Martel was a friend of the
Lombards and so, although the pope appealed to him more than once, Karl
declined to give him aid and to interfere in the affairs of Italy.
Pope Gregory to his most excellent son, Karl, sub-king.
In our great affliction we have thought it necessary to write to you a
second time, believing that you are a loving son of St. Peter, the
prince of apostles, and of ourselves, and that out of reverence for him
you would obey our commands to defend the church of God and his chosen
people. We can now no longer endure the persecution of the Lombards, for
they have taken from St. Peter all his possessions, even those which
were given him by you and your fathers. These Lombards hate and oppress
us because we sought protection from you; for the same reason also the
church of St. Peter is despoiled and desolated by them. But we have
intrusted a more complete account of all our woes to your faithful
subject, our present messenger, and he will relate them to you. You, oh
son, will receive favor from the same prince of apostles here and in the
future life in the presence of God, according as you render speedy aid
to his church and to us, that all peoples may recognize the faith and
love and singleness of purpose which you display in defending St. Peter
and us and his chosen people. For by doing this you will attain lasting
fame on earth and eternal life in heaven.
44-46. The Acquisition of Land by the Pope.
44. Promise of Pippin to Pope Stephen II, 753-54.
Duchesne, Liber Pontificalis, I, pp. 447 ff.
The Lombards entered Italy in 568 and soon established themselves in the
valley of the Po. For some years the boundary line between them and the
Byzantine possessions, that is, the lands still held by the emperor,
ran, roughly speaking, from Monselice (near Padua) west to Mantua, then
southwest to Reggio, then northwest to Parma, then southwest to Berceto
in the Apennines. But after Authari (583-90) became king of the Lombards
he renewed the war of conquest which had been interrupted for a few
years. He and his successors conquered the Byzantine possessions bit by
bit and added them to the Lombard kingdom. In this way Lombardy was
slowly enlarged and the Byzantine land, which was called the "province
Italy" (Italia provincia), was correspondingly reduced in size. Success
made the Lombard kings more ambitious and led them to plan the conquest
of all Italy. A great step forward was taken in 749 when Aistulf took
Ravenna, drove out the exarch, and put an end to the Byzantine rule in
central Italy. Tuscany, which was separated from Liguria by a line from
Luna to Berceto, was already in their hands, and Corsica, after
suffering several invasions, had finally been occupied by them in the
eighth century. Venice, Istria, and the duchies of Rome, Spoleto, and
Benevento were next attacked, but they united to resist their common
enemy, and put themselves under the protection of the pope. Under these
circumstances Stephen II (752-757) saw an opportunity to unite all these
provinces and to make himself their political head. He determined to try
to succeed to the power of the emperor in Italy. He accordingly went to
France and secured the promise from Pippin to give him all the
above-named territories and to force the Lombards to withdraw from them
into the territory which they had first occupied. See no. 6. It was an
ambitious plan which Stephen II formed, but he could not carry it into
effect. Pippin fulfilled his promise only in part, and the pope was
content with a few cities and the promise of Aistulf that he would never
again attack any of the territories named in Pippin's promise.
Desiderius (756-774), however, did not keep the promise which Aistulf,
his predecessor, had given, but made war on the duchy of Rome. Adrian I
(772-795) called on Karl the Great to come to his aid. Karl came, and,
while spending Easter (774) at Rome, at the earnest request of Adrian,
renewed the promise of his father. But Karl did not keep this promise
which had been so solemnly made. Contrary to the wishes of the pope he
made himself king of the Lombards and thereby inherited the ambitions,
pretensions, policy, and interests of the Lombard kings. The situation
was changed. To Karl, as well as to the dukes of Benevento and Spoleto,
and to the people of Istria, an increase in the power of the pope was no
longer a desirable thing. So Karl refused to keep his promise. Adrian
angrily protested. But Karl was deaf to protests and threats. Their
relations were consequently strained for some time, but eventually they
made a compromise. Karl gave him certain Tuscan cities and some taxes
from the rest of Tuscany and from Spoleto. For nearly 200 years the
promise of Pippin lost all importance, until it was renewed in 962 by
Otto I, who incorporated it in his famous gift to John XII. See no. 54.
When the king learned of the approach of the blessed pope, he hastened
to meet him, accompanied by his wife and sons and nobles, and sent his
son Charles and certain of the nobles nearly one hundred miles in
advance to meet the pope. He himself, however, received the pope about
three miles from his palace of Pontico, dismounting and prostrating
himself with his wife and sons and nobles, and accompanying the pope a
little distance on foot by his saddle as if he were his esquire. Thus
the pope proceeded to the palace with the king, giving glory and praise
to God in a loud voice, with hymns and spiritual songs. This was on the
sixth day of the month of January, on the most holy festival of the
Epiphany of our Lord Jesus Christ. And when they were seated in the
palace the pope began to beseech the king with tears to make a treaty
with St. Peter and the Roman state{62} and to assume the protection of
their interests. And the king assured the pope on his oath that he would
strive with all his powers to obey his prayers and admonitions and to
restore the exarchate of Ravenna and the rights and territories of the
Roman state, as the pope wished....
The aforesaid king Pippin, after receiving the admonitions and the
prayers of the pope, took leave of him and proceeded to the place called
Kiersy,{63} and called together there all the lords of his kingdom, and
by repeating to them the holy admonitions of the pope he persuaded them
to agree to fulfil his promise to the pope.
{62} Rome is evidently regarded as the possession of St. Peter. In that
case the administration of its government is in the hands of the pope,
who is the vicar of St. Peter on earth.
{63} The meeting at Kiersy took place April 14, 754.
45. Donation of Pippin, 756.
Duchesne, Liber Pont., I, p. 454.
See introductory note to no. 44.
The most Christian king of the Franks [Pippin] despatched his counsellor
Fulrad, venerable abbot and priest, to receive these cities, and then he
himself straightway returned to France with his army. The aforesaid
Fulrad met the representatives of King Aistulf at Ravenna, and went with
them through the various cities of the Pentapolis and of Emilia,
receiving their submission and taking hostages from each and bearing
away with him their chief men and the keys of their gates. Then he went
to Rome, and placed the keys of Ravenna and of the other cities of the
exarchate along with the grant of them which the king had made, in the
confession of St. Peter,{64} thus handing them over to the apostle of
God [Peter] and to his vicar the holy pope and to all his successors to
be held and controlled forever. These are the cities: Ravenna, Rimini,
Pesaro, Conca, Fano, Cesena, Sinigaglia, Forlimpopoli, Forli with the
fortress of Sussubium, Montefeltre, Acerreagium, Monte Lucati, Serra,
San Marino, Bobbio, Urbino, Cagli, Lucioli, Gubbio, Comacle; and also
the city of Narni, which in former years had been taken from the duchy
of Spoleto by the Romans.
{64} The grave of St. Peter is under the high altar of St. Peter's in
Rome. In front of the grave and on the same level with it is a large
open space to which one descends by a flight of steps. This open space
in front of the tomb is called the "confession of St. Peter."
46. Promise of Charles to Adrian I, 774.
Duchesne, Liber Pont., I p. 498.
See introductory note to no. 44.
Now on Wednesday the aforesaid pope [Adrian] came to the church of St.
Peter the apostle, with all his officials, both ecclesiastical and
military, and held a conference with the king and earnestly besought,
admonished, and exhorted him by his paternal love to fulfil the promise
which his father, Pippin, the former king, and he himself [that is,
Karl], along with his brother Karlmann and all the officials of the
Franks, had made to St. Peter and to his vicar the holy pope, Stephen
II, of blessed memory, when he went to France; that is, to give to St.
Peter and to all his vicars certain cities and their territories in the
province of Italy to be held forever. And when the king had caused them
to read to him that promise which had been made at Kiersy in France, he
and his officials ratified all its provisions. And of his own will and
gladly the aforesaid Karl, the most excellent and truly Christian king
of the Franks, ordered another promise of the gift, an exact copy of the
former, to be drawn up by Etherius, his chaplain and notary, in which he
granted to St. Peter the same cities and their territories, and promised
that they would be handed over to the pope according to the designated
boundaries as they were contained in that gift; that is, Corsica, and
from Luna to Suriano, thence over the Apennines to Berceto, thence to
Parma, thence to Reggio, and thence to Mantua and Monselice; and besides
the whole exarchate of Ravenna as it was of old, and the provinces of
Venetia and Istria, as well as the duchies of Spoleto and Benevento. And
when the grant had been drawn up and signed with his own hand, Karl
caused all the bishops, abbots, dukes, and counts to sign it also. And
placing it first on the altar of St. Peter, and then within his holy
confession, the king of the Franks and his officials gave it thus to St.
Peter and to his vicar the holy pope Adrian, promising with a solemn
oath that they would observe everything contained in that grant. And
this most Christian king of the Franks caused Etherius to draw up a copy
of this grant and placed it himself upon the body of St. Peter, under
the gospels which are kissed there, that it might be a perpetual
testimonial of the gift and an eternal memorial of his name and of the
Frankish kingdom. And the king took with him other copies of the same
grant that were made by the notary of the holy Roman church.
47. Karl the Great Declares the Pope Has Only Spiritual Duties, 796.
Letter of Karl to Leo III.
Jaffé, IV. pp. 354 [ff].
Karl the Great had a keen sense of his authority and position, and
resented any action which seemed to him an infringement of his
prerogatives. Adrian I had offended him by presuming to approve and
publish the acts of the council of Nicæa, 787, without waiting for
Karl's authorization. By this letter to the pope, Leo III, Karl made it
plain to him that his duties were only spiritual.
Karl, by the grace of God king, of the Franks and Lombards, and
patricius of the Romans, to his holiness, pope Leo, greeting.... Just as
I entered into an agreement with the most holy father, your predecessor,
so also I desire to make with you an inviolable treaty of mutual
fidelity and love; that, on the one hand, you shall pray for me and give
me the apostolic benediction, and that, on the other, with the aid of
God I will ever defend the most holy seat of the holy Roman church. For
it is our part to defend the holy church of Christ from the attacks of
pagans and infidels from without, and within to enforce the acceptance
of the catholic faith. It is your part, most holy father, to aid us in
the good fight by raising your hands to God as Moses did [Ex. 17:11], so
that by your intercession the Christian people under the leadership of
God may always and everywhere have the victory over the enemies of His
holy name, and the name of our Lord Jesus Christ may be glorified
throughout the world. Abide by the canonical law in all things and obey
the precepts of the holy fathers always, that your life may be an
example of sanctity to all, and your holy admonitions be observed by the
whole world, and that your light may so shine before men that they may
see your good works and glorify your father which is in heaven [Matt.
5:16]. May omnipotent God preserve your holiness unharmed through many
years for the exalting of his holy church.
48. Karl the Great Exercises Authority in Rome, 800.
Einhard's Annals, M. G. SS. folio, I, p. 188.
The title of patricius of Rome was somewhat vague and it is impossible
to say exactly how much actual authority attached to it. But it is
evident from Karl's conduct that he regarded himself as responsible for
the government of Rome. The passage from Einhard's Annals shows that
Karl was the supreme authority in legal matters there. He acted as judge
even in the case of the pope. There was no one willing to make a formal
charge against Leo, and hence he might have been declared innocent. But
he was not willing to receive that sort of acquittal. So of his own
accord he took an oath to his innocence.
Anno 800. The day before Karl reached Rome pope Leo came to Nomentum to
meet him. Karl received him with great honor and they dined together.
The pope preceded Karl to Rome, and the next morning took his stand,
with the bishops and all the clergy of the city, on the steps of St.
Peter's to receive Karl when he should come. ... Seven days later Karl
called a public meeting, in which he made known the reasons why he had
come to Rome. He then devoted himself every day to the accomplishment of
the things which had called him to the city. Of these he began with the
most important as well as the most difficult, namely, the investigation
of the crimes with which the pope was charged. As there was no one who
was willing to prove the truth of those charges, Leo took the gospels in
his hand, and, in the presence of all the people, mounted the pulpit in
St. Peter's, and took an oath that he was innocent of the crimes laid to
his charge.
49. The Oath of Pope Leo III before Karl the Great, 800.
Jaffé, IV, pp. 378 [ff].
See introductory note to no. 48.
Most beloved brethren, it is well known that evil men rose up against me
and wished to do me harm and accused me of grave crimes. And now the
most clement and serene king, Karl, has come with his priests and nobles
to this city to try the case. Therefore, I, Leo, bishop of the holy
Roman church, neither judged nor coerced by anyone, do clear and purge
myself from these charges before you in the sight of God, who knows my
secret thoughts, and of his holy angels, and of St. Peter, in whose
church we now stand. I swear that I neither did these wicked and
criminal things of which my enemies accuse me, nor ordered them to be
done, and of this God is my witness, in whose presence we now stand and
into whose judgment we shall come. And I do this in order to clear
myself of these suspicions, and not because it is commanded in the
canons, or because I desire to impose this practice as a precedent upon
my successors or brothers and fellow-bishops.
50. The Oath of the Romans to Ludwig the Pious and Lothar, 824.
Altmann und Bernheim, no. 35.
The emperor, Ludwig the Pious, intrusted the government of Italy to his
oldest son, Lothar. In order to keep control of the papal elections,
Lothar compelled the Romans to take the following oath:
I, (name), promise in the name of the omnipotent God and on the four
holy gospels and on this cross of our Lord Jesus Christ and on the body
of most blessed Peter, prince of the apostles, that from this day I will
be faithful to our lords, the emperors, Ludwig [the Pious] and Lothar,
all my life, according to my strength and understanding, without any
fraud or deceit, in so far as this shall not violate the oath of
fidelity which I have sworn to the pope. And I promise that according to
my strength and understanding I will not permit a papal election to take
place in any way except canonically and legally, and that he who may be
elected pope shall not with my consent be consecrated until, in the
presence of the emperor's ambassadors and of the people, he takes such
an oath as pope Eugene{65} did that he will rule without any change.
{65} Eugene II (824-827) was then pope. The text of the oath which he
had sworn to Lothar is not preserved. But we may infer its contents from
the expression "that he will rule without any change."
51. The Emperor Admits the Right of the Pope to Confer the Imperial
Title. Passages from a Letter of Ludwig II, Emperor, to Basil, Emperor
at Constantinople, 871.
Bouquet, VII, pp. 572 [ff].
Although the Greek emperor, Michael, recognized Karl the Great as
emperor in the west (see nos. 13-14), some of his successors took a
different view of the matter and declared the emperors in the west
usurpers. Basil had written to Ludwig II saying that the latter was not
emperor and therefore should not assume the title. Ludwig replied with
some vigor, advancing various arguments in his own favor. The student
should examine this letter to discover (1) the objections which Basil
had made, and (2) the arguments by which Ludwig II refuted them.
Among other things, Ludwig said he had a right to the title of emperor:
Because all the patriarchs and all men of every rank, except you alone,
have, of their own accord, addressed us as such whenever they have
written to us. And besides, our uncles [Charles the Bald and Ludwig the
German], glorious kings, willingly call us emperor. And they do so, not
out of regard for our age, for they are older than we, but because of
the anointing and consecration by which, with God's will, we were
advanced to this high office through the laying on of the hands of the
pope, and because, at God's command, we have the government of the Roman
empire....
We are much surprised that you should say we are laying claim to a title
which is new to our family. For that cannot be a new title which was
held by our grandfather. And he did not usurp it, as you say he did, but
he received it at the command of God, by the decision of the church, and
through the anointing and laying on of the hands of the pope....
It is absurd that you should say I have not inherited the imperial name,
and that my race is not worthy to have such a dignity. Even my
grandfather inherited it from his father. Why is not my race worthy of
producing an emperor, since emperors have been chosen from among the
Spaniards and Isaurians and Khazars? For surely you cannot say that
those nations are more renowned than the Franks either in religion or in
courage.... To your statement that we do not rule over even all of
France, here is a brief answer: We surely do rule over all France, since
we certainly have what they have, with whom we are one in flesh and
blood and one spirit through the Lord.
You wonder that we are called emperor of the Romans instead of emperor
of the Franks. But you ought to know that if we were not emperor of the
Romans we could not be emperor of the Franks. For we have received this
name and dignity from the Romans, whose people and city, the mother of
all the churches of God, we have received, in accordance with God's
will, to govern, to defend, and to exalt, and from her our family
received the authority, first, to rule as kings, and, afterward, as
emperors. For the rulers of the Franks were first called kings and
afterward those who were anointed with holy oil by the popes to this
office were called emperors. Karl the Great, our grand-grandfather,
having been anointed in this way, because of his great piety, was the
first of our race and family to be called emperor and to be the anointed
of the Lord. How much greater right have we to the imperial title,
therefore, than the many who have been made emperor without any
religious ceremony or holy rite being performed by a pope, being elected
only by the senate and people of Rome, who had no regard for such holy
rites? And some have been made emperor by even less authority, being
proclaimed by the army, and others by women, and others in still other
ways.
Now, if you blame the Roman bishop for what he did [in crowning Karl the
Great], you must also blame Samuel, because, after anointing Saul, he
rejected him and anointed David to be king. But it will be easy to
answer anyone who shall make even one complaint against the pope [for
having anointed Karl the Great as emperor]. If you will search the pages
of the Greek annals and see what the bishops of Rome had to endure from
their enemies, and yet received no protection from you, and even what
they had to endure from you and your people, you will find many things
which will prevent you from blaming them. But these external matters
were of little importance compared with the efforts of the Greeks to
destroy the church by their many heresies. So, very properly, the
bishops of Rome deserted the apostate Greeks--for what concord hath
Christ with Belial? [2 Cor. 6:15]--and joined a people which clung to
God and brought forth the fruits of his kingdom. For "God is no
respecter of persons," as the great apostle said, "but in every nation
he that feareth him is accepted with him" [Acts 10:34, 35]. Therefore,
since this is so, why do you make it a reproach to us who have the
imperial crown that we are born of the Franks, when in every nation he
that feareth God is accepted with him? Theodosius the elder [379-395]
and his sons, Arcadius and Honorius, and Theodosius the younger, son of
Arcadius, were Spaniards, and yet we do not find that anyone blamed
Theodosius or objected to him because he was a Spaniard, and not a
Roman, or tried to prevent his sons from succeeding to the position and
honor of their father, as you now try to do, as if the race of the
Franks did not belong to that inheritance concerning which the Father
speaks to the Son, saying: "Ask of me and I shall give thee the heathen
for thine inheritance, and the uttermost parts of the earth for thy
possession" [Ps. 2:8]. And in another place: "For them that honor me I
will honor" [1 Sam. 2:30]. And there are many other such sayings.
Therefore, my dearest brother, cease to be contentious in this matter
and to listen to flatterers. For the race of the Franks has brought
forth the most abundant fruits to the Lord, not only in believing
quickly, but also in converting others to the faith. But the Lord spoke
of you when he said: "The kingdom shall be taken from you and given to a
nation bringing forth the fruits thereof" [Matt. 21:43]. For as God was
able of stones to raise up children unto Abraham [Matt. 3:9], so from
the hardness of the Franks he was able to raise up successors to the
Roman emperors. ... And as Christians, through faith in Christ, are the
seed of Abraham, and the Jews, through lack of faith, ceased to be sons
of Abraham, so also we, through our correct belief, that is, through our
orthodoxy, received the government of the Roman empire, and the Greeks,
because of their heresy, ceased to be emperors. They deserted not only
the city which was the seat of the empire, but even the Roman people,
and moved to other parts [that is, Constantinople], and have even lost
the Latin tongue.
52. The Pope Enacts that Papal Elections must Take Place in the Presence
of the Emperor's Representatives. Enactment of a Roman Synod Held by
John IX, 898.
Cor. Jur. Can., Dist. LXIII, c xxviii; M. G. LL. folio, II, parte sec.,
p. 158.
The election of a pope was often attended with violence on the part of
Roman factions, which, under the leadership of various noble families,
sought to elect one of their own party. John IX recognized that the
emperor was the only one who could prevent these abuses and so enacted
that all papal elections should take place in the presence of the
emperor's representatives.
Since the holy Roman church, over which in accordance with God's will we
preside, on the death of a pope often suffers violence from many
persons, because the pope is elected without the knowledge of the
emperor, and hence the emperor does not send messengers, as canonical
custom and practice require that he should, who may be present and
prevent all disturbances during the election, we decree that when a pope
is to be elected, the bishops{66} and all the clergy shall come together
and the election shall take place in the presence of the senate and
people. And the one thus chosen shall be consecrated in the presence of
the emperor's messengers.
{66} More than thirty bishops took part in the election of Stephen VI,
896, although there were but seven cardinal bishops. Hence this probably
means all the bishops of the whole diocese of Rome, not simply the seven
cardinal bishops. It is apparent therefore that in the ninth century the
cardinal clergy had not yet secured any special prerogative in the
election of a pope. Many think that this enactment was made in 816
instead of 898.
53. The Oath of Otto I to John XII, 961.
M. G. LL. 4to, IV, 1, no. 10.
Although the pope needed the help of the king of the Germans, and was
willing to confer upon him the title of emperor, yet he was afraid that
Otto might assume too much authority and deprive the papal office of
much of its power. He accordingly attempted to secure his position by
demanding the following oath of Otto. It will be observed that Otto did
not take the oath in person but sent his representative to take it for
him. It was, nevertheless, binding on Otto. However, it did not prevent
him from afterward deposing John and putting another pope in his place.
I, Otto, king, cause my representative to promise and swear to you, pope
John, in my name, by the Father, Son, and Holy Spirit, and by this piece
of the life-giving cross and by these relics of the saints, that, if I
shall come to Rome with the consent of God, I will exalt the holy Roman
church and you, her ruler, to the best of my ability. And you shall
never by my wish, advice, consent, or instigation, suffer any loss in
life or in limb, or in the honor which you now have or which you shall
have obtained from me. I will never make laws or rules in regard to the
things which are under your jurisdiction or the jurisdiction of the
Romans without your consent. I will restore to you all of the lands of
St. Peter that shall have come into my hands; and I will cause the one
to whom I shall have committed Italy to rule in my absence{67} to swear
to you that he will always aid you according to his ability in defending
the lands of St. Peter.
{67} In accordance with imperial theory, Otto, as emperor, would rule
over Italy. He agrees to protect the pope "in the things which are under
his jurisdiction," but that does not mean that the pope had jurisdiction
in all things. The supreme authority is the emperor, to whom the pope,
as well as all other bishops and princes of Italy, are subject.
54. Otto I Confirms the Pope in the Possession of his Lands, 962.
M. G. LL. 4to, IV, 1, no. 12; Altmann und Bernheim, no. 36.
In order to secure his possessions, John XII persuaded Otto I to confirm
his rights to them. In section 15 Otto reserves his imperial rights,
thus furnishing another proof that he was sovereign over the lands which
the pope held. By comparing this document with the donations of Pippin
and of Karl the Great (nos. 45 and 46), the growth of the papal land
claims will be apparent.
In the name of omnipotent God, the Father, Son, and Holy Ghost. We,
Otto, by the grace of God emperor and Augustus, together with our
glorious son, king Otto, promise and pledge to thee, St. Peter, prince
of apostles and keeper of the keys of heaven, and through thee to thy
vicar, pope John XII, the following possessions, as his predecessors
have held and possessed them up to the present time; namely, (1) the
city of Rome with its duchy, and its neighboring villages and
territories, highland and lowland, shores and ports; (2) all the cities,
towns, fortresses, and villages of Tuscany; that is, Porto, Civita
Vecchia, Ceri, Bieda, Marturianum, Sutri, Nepi, Gallese, Orte,
Polimartium, Ameria, Todi, Perugia, with its three islands, the larger
and the smaller, and Pulvensis, Narni, and Otricoli, with all the
territories belonging to the aforesaid cities; (3) the whole exarchate
of Ravenna with all the cities, towns, and fortresses which our
predecessors the most excellent emperors, Pippin and Karl, conferred on
St. Peter and your predecessors by a deed of gift; namely, the city of
Ravenna and the district of Emilia, including the following towns:
Bobbio, Cesena, Forlimpopoli, Forli, Faenza, Imola, Bologna, Ferrara,
Comacle, Adria, and Gabello, with all the territories and islands by
land and sea which belong to the aforesaid cities; (4) likewise also the
Pentapolis; that is, Rimini, Pesaro, Fano, Sinigaglia, Ancona, Osimo,
Humana, Iesi, Forum Sempronii, Montefeltre, Urbino, and the territory of
Balneum, Cagli, Lucioli, and Gubbio, with all the territories belonging
to the aforesaid cities; (5) likewise the whole Sabine territory as it
was granted to St. Peter by our predecessor, emperor Karl, by a deed of
gift; (6) likewise in Lombard Tuscany the fortress of Felicitas, and the
towns of Orvieto, Bagnorea, Ferento, Viterbo, Orcle, Marca, Toscanella,
Soana, Populonia, and Roselle, with all their suburbs and villages and
all their territories, towns, and boundaries; (7) and likewise from
Luna, with the island of Corsica, to Suriano, thence over the Apennines
to Berceto, thence to Parma, thence to Reggio, thence to Mantua and
Monselice, together with the provinces of Venetia and Istria and all the
duchies of Spoleto and Benevento, and the church of St. Christina which
is situated on the Po about four miles from Pavia; (8) and likewise in
Campania, Sora, Arce, Aquino, Arpino, Teano, Capua; (9) likewise the
patrimonies under your power and sway, such as the patrimonies of
Benevento, Naples, and upper and lower Calabria, and also of the island
of Sicily, if God shall give it unto our hand; (10) likewise the cities
of Gaeta and Fondi with all their belongings; (11) moreover we offer to
thee, St. Peter, the apostle, and to thy vicar, pope John and his
successors, for the salvation of our own soul and the souls of our son
and our parents, the following cities and towns from our own lands;
namely, Rieti, San Vittorino [on the Aterno], Furco, Norcia, Balua,
Marsi, and besides the city of Teramne. (12) All the aforesaid
provinces, cities, towns, fortresses, villages, territories, and
patrimonies, we now grant to thee, St. Peter, and through thee to thy
vicar, our spiritual father, pope John, and his successors to the end of
the world, for the salvation of our own soul and the souls of our son,
our parents, and our successors, and for the preservation of the whole
Frankish people; and we grant them in such a way that the popes shall
possess them in their own right and government and control. (13)
Likewise, by this agreement we confirm all the gifts which king Pippin
and emperor Karl voluntarily gave to St. Peter, the apostle, and also
the rents and payments and taxes which were paid annually to the king of
the Lombards from Tuscany and the duchy of Spoleto, as is contained in
the aforesaid donation and as was agreed upon between pope Adrian of
blessed memory and the emperor Karl, when the same pope surrendered to
the emperor his claims on the provinces of Tuscany and Spoleto on
condition that the aforesaid taxes should be paid each year to the
church of St. Peter, the apostle. But in all this our authority over
these provinces and their subjection to us and to our son are not in any
way diminished. (14) We therefore confirm your possession of all the
things mentioned above in this document; they shall remain in your right
and ownership and control, and no one of our successors shall on any
pretext take from you any part of the aforesaid provinces, cities,
towns, fortresses, villages, dependencies, territories, patrimonies, or
taxes, or lessen your authority over them. We will never do so, nor
allow others to do so, but we will always defend the church of St. Peter
and the popes who rule over that church in their possession of all these
things, as far as in us lies, that the popes may be able to keep these
things in their control to use, enjoy, and dispose of. (15) In all this
there shall be no derogation of our power or of the power of our son and
our successors.
55. Leo VIII Grants the Emperor the Right to Choose the Pope and Invest
all Bishops, 963.
Cor. Jur. Can., Dist. LXIII, c. xxiii; Migne, 134, cols. 992 ff.
Otto I, after the rebellion of John XII, deposed him and caused a layman
to be made pope, who took the title Leo VIII. The new pope then issued a
decree, the essence of which is contained in the following document. It
shows how determined Otto was to assert his imperial authority and is
important as a statement of the imperial theory. Leo VIII is regarded as
an anti-pope by the Roman church, because, according to the papal
theory, Otto had no power to depose a pope. John XII was the legal pope
and there could be no other until he died.
In the synod held at Rome in the Church of the Holy Saviour. Following
the example of blessed pope Adrian, who granted to Karl, victorious king
of the Franks and Lombards, the dignity of the patriciate and the right
to ordain the pope and to invest bishops, we, Leo, bishop, servant of
the servants of God, with all the clergy and people of Rome, by our
apostolic authority bestow upon lord Otto I, king of the Germans, and
upon his successors in the kingdom of Italy forever, the right of
choosing the successor of the pope, and of ordaining the pope and the
archbishops and bishops, so that they shall receive their investiture
and consecration from him, with the exception of those prelates whose
investiture and consecration the emperor has conceded to the pope or the
archbishops. No one, no matter what his dignity or ecclesiastical rank,
shall have the authority to choose the patricius or to ordain the pope
or any bishop without the consent of the emperor, and that without
bribery; and the emperor shall be by right both king [of Italy] and
patricius [of Rome]. But if anyone has been chosen bishop by the clergy
and people, he shall not be consecrated unless he has been approved by
the aforesaid king and has received his investiture from him....
56. The Pope Confers the Royal Title. A Letter of Pope Sylvester II to
Stephen of Hungary, 1000.
Migne, 139, cols. 274 ff.
Previous to this time, it was considered the emperor's right to confer
the royal title and to elevate a person to the rank of king. Here, for
the first time in the history of the papacy, a pope confers the royal
title, thereby intrenching on the imperial prerogative. Otto III, who
was then emperor, did not resist this papal infringement of his rights.
Later popes were not slow to see the value of this act as a precedent
(see nos. 69, 72, 128), and exercised the right to confer titles and
dignities as they pleased. This act of Sylvester II is, therefore, an
important milestone in the history of the development of the papal
prerogatives.
Sylvester, bishop, servant of the servants of God, to Stephen, king of
the Hungarians, greeting and apostolic benediction. Your ambassadors,
especially our dear brother, Astricus, bishop of Colocza, were received
by us with the greater joy and accomplished their mission with the
greater ease, because we had been divinely forewarned to expect an
embassy from a nation still unknown to us.... Surely, according to the
apostle: "It is not of him that willeth nor of him that runneth, but of
God that showeth mercy" [Rom. 9:16]; and according to the testimony of
Daniel: "He changeth the times and the seasons; he removeth kings and
setteth up kings; he revealeth the deep and secret things; he knoweth
what is in the darkness" [Dan. 2:21, 22]; for in him is that light
which, as John teaches, "lighteth every man that cometh into the world"
[John 1:9]. Therefore we first give thanks to God the Father, and to our
Lord Jesus Christ, because he has found in our time another David, and
has again raised up a man after his own heart to feed his people Israel,
that is, the chosen race of the Hungarians. Secondly, we praise you for
your piety toward God and for your reverence for this apostolic see,
over which, not by our own merits, but by the mercy of God, we now
preside. Finally, we commend the liberality you have shown in offering
to St. Peter yourself and your people and your kingdom and possessions
by the same ambassadors and letters. For by this deed you have clearly
demonstrated that you already are what you have asked us to declare you
[_i.e._, a king]. But enough of this; it is not necessary to commend him
whom God himself has commended and whose deeds openly proclaim to be
worthy of all commendation. Now therefore, glorious son, by the
authority of omnipotent God and of St. Peter, the prince of apostles, we
freely grant, concede, and bestow with our apostolic benediction all
that you have sought from us and from the apostolic see; namely, the
royal crown and name, the creation of the metropolitanate of Gran, and
of the other bishoprics. Moreover, we receive under the protection of
the holy church the kingdom which you have surrendered to St. Peter,
together with yourself and your people, the Hungarian nation; and we now
give it back to you and to your heirs and successors to be held,
possessed, ruled, and governed. And your heirs and successors, who shall
have been legally elected by the nobles, shall duly offer obedience and
reverence to us and to our successors in their own persons or by
ambassadors, and shall confess themselves the subjects of the Roman
church, who does not hold her subjects as slaves, but receives them all
as children. They shall persevere in the catholic faith and the religion
of our Lord and Saviour Jesus Christ, and strive always to promote it.
And because you have fulfilled the office of the apostles in preaching
Christ and propagating his faith, and have tried to do in your realm the
work of us and of our clergy, and because you have honored the same
prince of apostles above all others, therefore by this privilege we
grant you and your successors, who shall have been legally elected and
approved by the apostolic see, the right to have the cross borne before
you as a sign of apostleship,{68} after you have been crowned with the
crown which we send and according to the ceremony which we have
committed to your ambassadors. And we likewise give you full power by
our apostolic authority to control and manage all the churches of your
realm, both present and future, as divine grace may guide you, as
representing us and our successors. All these things are contained more
fully and explicitly in that general letter which we have sent by our
messenger to you and to your nobles and faithful subjects. And we pray
that omnipotent God, who called you even from your mother's womb to the
kingdom and crown, and who has commanded us to give you the crown which
we had prepared for the duke of Poland, may increase continually the
fruits of your good works, and sprinkle with the dew of his benediction
this young plant of your kingdom, and preserve you and your realm and
protect you from all enemies, visible and invisible, and, after the
trials of the earthly kingship are past, crown you with an eternal crown
in the kingdom of heaven. Given at Rome, March 27, in the thirteenth
indiction [the year 1000].
{68} The title "apostolic king of Hungary" is still used by the emperor
of the Austro-Hungarian Empire.
57. The Emperor, Henry III, Deposes and Creates Popes, 1048.
Annales Romani; in Watterich, Pontificum Romanorum Vitae, I, pp. 73
ff.
The papacy having again fallen under the control of Roman factions,
there were three men claiming to be pope. The emperor regarded it as his
duty as well as his right to decide who was the true pope, and came to
Italy for that purpose. He not only deposed the three contesting popes
and named another, but so long as he lived he controlled the papal
elections.
Now when the report of this incredible controversy had reached the ears
of Henry, by the grace of God most invincible emperor, he set out for
Italy with a great force and an immense army. And when he came to the
city called Sutri, he called to him pope Gregory and the clergy of Rome
and decreed that a great synod should be held in the holy church of
Sutri. And after he had tried the case canonically and justly and had
made the rights of the matter plain to the holy and religious bishops
according to the canons, he condemned with perpetual anathema John,
bishop of Sabina, to whom they had given the name Silvester, John the
archpresbyter, whom they called Gregory, and the aforesaid pope
Benedict. Then he proceeded to Rome with so great a following that the
city could not hold it. Henry, by the grace of God pious and benign
king, called together the multitude of the Roman people and the bishops
and abbots and the whole Roman clergy in the basilica of St. Peter, and
held there a holy and glorious synod; and on the day before Christmas he
appointed an excellent, holy, and benign pope, who took the name of
Clement. And on Christmas day the aforesaid king was crowned by the holy
and benign pope, and the whole city of Rome rejoiced and the holy Roman
church was exalted and glorified because so dangerous a schism had at
length by the mercy of God been ended. And then the most serene emperor,
perceiving the desire of the whole Roman people, as they had expressed
it to him, placed on his own head the band with which the Romans from of
old had been wont to crown their _patricii_. And the pope and the clergy
and the Romans granted him the right to create popes and such bishops as
have regalian rights; and it was further agreed that no bishop should be
consecrated until he had received his investiture from the hand of the
king. And just as pope Adrian had confirmed these things by a charter,
so also they, by a charter, gave, confirmed, and put in the power of
Henry and his successors the patriciate and the other rights as stated
above.{69}
Now after the king had returned to his own realm, pope Clement sat upon
the apostolic throne nine months and sixteen days, and then left the
terrestrial for the celestial kingdom.
Then the Roman people, assembled together, sent messengers to king Henry
with a letter beseeching him, as servants beseech their lord, or
children their father, to appoint for them a chaste and benign man of
godly life as shepherd of the holy Roman church and of the whole world.
Now when Benedict, the former pope, learned of the death of Clement (for
he was staying at Tusculum), he succeeded in winning over a part of the
Roman people by bribery and again usurped the pontificate. But when the
ambassadors of the Romans came to the king, he received them in his
palace with great honor and gave them many gifts; then, calling together
a great assembly of bishops, abbots, counts, margraves, and other
princes, according to the decrees of the holy fathers, he chose a pope
who should be pleasing to God and the whole people.
The ambassadors of the Romans returned to Rome, preceding the new pope,
Damasus. But the good pope himself changed his route and betook himself
to Italy. Now when he had come to the margrave Boniface, who had
assisted the aforesaid pope Benedict to seize the papal throne, the
margrave addressed him in these cunning words: "I cannot go on to Rome
with you, because the Romans have restored the former pope, and he has
regained the power which he had formerly, and has made peace with them.
Therefore I cannot go to Rome, especially as I am now an old man." When
the holy pope heard this, he returned and told all these things to the
emperor. When the king heard it, he recognized the shrewdness and
cunning of the margrave, and addressed him by letter, as follows: "Since
you have restored to the pontificate a pope who was canonically deposed,
and have been led by your love of gain to hold our empire in contempt,
understand now that, unless you mend your ways, I will come quickly and
make you mend against your will, and I will give the Roman people a pope
worthy in the sight of God." Then Boniface, seeing that his rebellion
would profit him nothing, drove Benedict from the papal throne by his
ambassador and went to Rome with pope Damasus. ... And Damasus held the
pontificate twenty-three days and then died, and Leo was enthroned in
the Roman see by the emperor and his nobles.
{69} Apparently this was a reënactment of the grant of Leo VIII to Otto
I, 963. See no. 55.
58. The Pope Becomes the Feudal Lord of Southern Italy and Sicily, 1059.
The Oaths of Robert Guiscard to Pope Nicholas II, 1059.
Baronius, Annales, anno 1059, §§ 70 and 71.
Southern Italy and Sicily had been allowed to take care of themselves.
The Greek emperor had not been able to retain his hold on them, and the
German emperor, while claiming them, had never succeeded in extending
his power over them. A handful of adventurous Normans had established
themselves on the mainland and had assumed the title of counts. Their
ambition grew with their fortune; they desired a higher title than count
and wished to increase their possessions. So they turned to the pope and
asked him to confer upon them the title of duke, and to give them his
blessing in their proposed conquest of Sicily, which was in the hands of
the Mohammedans. In granting the request of these Normans, the pope
assumed the lordship over southern Italy and Sicily, to which he had no
right, and thereby put forth claims which conflicted with those of both
emperors. For more than two centuries the possession of southern Italy
and Sicily was the ground for a bitter struggle between the popes and
the German emperors.
The importance of this event is seen when we consider that the long
struggle between the papacy and the empire was about to begin. The pope
had little besides his spiritual weapons (excommunication, interdict)
with which to oppose the emperor. But in Robert Guiscard he secured a
powerful vassal who was to render him great military aid against the
emperor.
§ 70. I, Robert, by the grace of God and of St. Peter duke of Apulia and
Calabria, and with their aid to be duke of Sicily [that is, when I shall
have conquered it], in confirmation of the gift and in recognition of my
oath of fidelity, promise that from all the lands which I hold under my
own sway, and which I have never conceded that anyone from beyond the
mountains{70} [Alps, that is, Germany] holds, I will pay annually for
each yoke of oxen 12 denarii of the mint of Pavia to you, my lord,
Nicholas, pope, and to all your successors, or to your or their legates.
And this payment shall be made at the end of the year on easter day. I
bind myself and my heirs and my successors to pay this sum to my lord,
Nicholas, pope, and to your successors. So help me God and these holy
gospels.
§ 71. I, Robert, by the grace of God and St. Peter duke of Apulia and
Calabria, and by the aid of both to be duke of Sicily, from this hour
forth will be faithful to the holy Roman church and to you, my lord,
Nicholas, pope. I will have no share in any counsel or act intended to
deprive you of life or limb, or to capture you by any fraud. Any secret
plan which you may reveal to me with the command not to tell it I will
not wittingly publish to your hurt. I will always aid with all my might
the holy Roman church to acquire the regalia and possessions of St.
Peter, and to hold them against all men. I will aid you to hold in
security and honor the papal office, the land of St. Peter, and the
government. I will not try either to usurp or to seize it, nor will I
devastate it without your permission or that of your successors, except
only that land which you or your successors may give me. I will
earnestly strive to pay at the appointed time the sum agreed on from the
land of St. Peter which I may hold. I put all the churches, with their
possessions, which are in my lands, under your authority, and I will
defend them according to my oath of fidelity to the holy Roman church.
And if you or your successors shall die before I do, according as I
shall have been advised by the better cardinals, the clergy of Rome, and
the laity, I will do all that I can that a pope may be elected and
ordained to the honor of St. Peter. All the above written things I will
observe with true faithfulness to the holy Roman church and to you. And
this oath of fidelity I will observe to those of your successors who may
confirm to me the investiture which you have granted me. So help me God
and these holy gospels.
{70} Robert here denies that the German emperor has any right to Sicily
and southern Italy. He had never held them, and hence they were not a
part of his empire.
59. The Papal Election Decree of Nicholas II, 1059.
Scheffer-Boichorst, Die Neuordnung der Papstwahl durch Nicholas II, pp.
14 ff; Docberl, III, no. 4 a.
Henry III (1039-56) deposed and appointed popes as he pleased (see no.
57). But with the spread of Cluniac ideas, there grew up a party in the
church which strove with increasing energy and clearness of purpose to
make the church self-governing and independent of all lay influence. Its
aim was to unify and organize the government of the church by putting
all ecclesiastical power in the hands of the pope, who should rule the
church through a hierarchy of archbishops and bishops. Of this party,
which was called hierarchical, the archdeacon, Hildebrand, was the head.
It took advantage of the opportunity offered by the youth of Henry IV
and the weak rule of the regent, his mother Agnes, to establish a way by
which the pope might be elected by the clergy instead of being appointed
by the emperor. The document by which this was done is know as the
election decree of Nicholas II (1059-61) and was enacted in a council at
Rome in 1059. Since 1048 Hildebrand had been the power behind the papal
throne, and with rare skill he had directed the policy of each
successive pope. He had been able to do much toward accomplishing the
purpose of this party. But at the death of Stephen IX in 1058 a faction
of the Roman nobility, known as the Tusculan party, threatened to
overturn all that the hierarchical party had accomplished. While
Hildebrand was absent from Rome on a mission to Germany, Stephen IX died
and the Tusculan party set up one of its own members as pope, who called
himself Benedict X. The cardinals who attempted to resist this election
were persecuted and compelled to flee. When Hildebrand heard of this he
hastened to call a council at Siena. This council, which was composed
chiefly of five cardinal bishops, deposed Benedict X and elected
Gerhard, bishop of Florence, pope, who assumed the name of Nicholas II.
According to this decree the election of a pope consisted of the five
following parts: (1) The seven cardinal bishops chose the pope. Although
their choice was supposed to be final it must (2) be confirmed by the
other cardinal clergy. (3) Then the rest of the clergy and the people of
Rome must express their consent. (4) The election was then reported to
the emperor, who was expected to confirm it, and then (5) the pope elect
was consecrated as pope and enthroned in the chair of St. Peter by the
cardinal bishops. This latter part of the ceremony must, of course, take
place at Rome. The decree does not say what shall be done if the other
clergy or the emperor should refuse to confirm the choice of the
cardinal bishops.
There were those who demanded that the emperor be permitted to approve
or reject the candidate before the election took place. As precedents in
favor of this they referred to the long list of popes who had been
either nominated or appointed by various emperors. The part which the
emperor was to have in the election of a pope is not stated in the
decree, but section 4 shows plainly that Nicholas and Henry had come to
an agreement on that subject, and from other sources we know what its
terms were. This agreement was limited to Henry alone, for each of his
successors must secure his share in the papal election by demanding it
of the pope.
This decree seems to justify certain irregularities or peculiarities in
the election of Nicholas himself and hence may be said to have an
apologetic character. (1) His election took place not in Rome, but in
Siena. (2) He was not a member of the church in Rome, but was bishop of
Florence. (3) It was chiefly the cardinal bishops who elected him. (4)
Since the Tusculan party held Rome it was some time before he could be
consecrated and enthroned, but in the meanwhile he exercised papal
authority.
The cardinal bishops had already acquired certain prerogatives over the
other cardinal clergy. They alone, besides the pope, could say mass at
the high altar in St. John's in Lateran; they represented the pope
during his absence from Rome; they consecrated and enthroned the pope;
they assisted the pope in anointing and crowning the emperor; and
without their consent the pope could not bestow the pallium upon an
archbishop. By this decree they now acquire the new and important right
of nominating the pope. But this high prerogative they were not able to
retain permanently. From 1050 to 1100 they succeeded in depriving the
other cardinal clergy of much of their power and influence. They were
the chief advisers of the popes. In accordance with the terms of this
decree they elected Alexander II (1061-73) (the election of Gregory VII
(1073-85) was somewhat irregular), Victor III (1086-87), and Urban II
(1087-99). But the other cardinal clergy were not content to be thus
thrust down; they struggled successfully against the growing power of
the cardinal bishops and finally regained the right which had once been
theirs. The election of Paschal II (1099-1118) was made by all the
cardinal clergy, not by the cardinal bishops alone, and afterward the
election of a pope was the concern of all the cardinal clergy.
The original of this decree is lost and the copy which has come down to
us is slightly imperfect, as there are omissions in it. Some one
representing the imperial party, not satisfied with the share which it
gave the emperor in the papal election, changed it to suit the demands
of his party. It is now known that this imperial form of the decree is a
forgery.
In section 2 the quotation from Leo I (440-461) is meant in a general
way to justify the prerogative here attributed to the cardinal bishops,
and especially their right to consecrate and enthrone the pope.
In the name of the Lord God, our Saviour Jesus Christ, in the 1059th
year from his incarnation, in the month of April, in the 12th indiction,
in the presence of the holy gospels, the most reverend and blessed
apostolic pope Nicholas presiding in the Lateran patriarchal basilica
which is called the church of Constantine, the most reverend
archbishops, bishops, and abbots, and the venerable presbyters and
deacons also being present, the same venerable pontiff by his apostolic
authority decreed thus concerning the election of the pope: "Most
beloved brothers and fellow-bishops, you know, since it is not hidden
even from the humbler members, how after the death of our predecessor,
Stephen of blessed memory, this apostolic seat, which by the will of God
I now serve, suffered many evils, how indeed it was subjected to many
serious attacks from the simoniacal money-changers, so that the column
of the living God seemed about to topple, and the skiff of the supreme
fisherman [Peter] was nearly wrecked by the tumultuous storms.
Therefore, if it pleases you, we ought now, with the aid of God,
prudently to take measures to prevent future misfortunes, and to provide
for the state of the church in the future, lest those evils, again
appearing, which God forbid, should prevail against it. Therefore,
fortified by the authority of our predecessors and the other holy
fathers, we decide and declare:
"1. On the death of a pontiff of the universal Roman church, first, the
cardinal bishops,{71} with the most diligent consideration, shall elect
a successor; then they shall call in the other cardinal clergy [to
ratify their choice], and finally the rest of the clergy and the people
shall express their consent to the new election.
"2. In order that the disease of venality may not have any opportunity
to spread, the devout clergy shall be the leaders in electing the
pontiff, and the others shall acquiesce. And surely this order of
election is right and lawful, if we consider either the rules or the
practice of various fathers, or if we recall that decree of our
predecessor, St. Leo, for he says: 'By no means can it be allowed that
those should be ranked as bishops who have not been elected by the
clergy, and demanded by the people, and consecrated by their
fellow-bishops of the province with the consent of the metropolitan.'
But since the apostolic seat is above all the churches in the earth, and
therefore can have no metropolitan over it, without doubt the cardinal
bishops perform in it the office of the metropolitan, in that they
advance the elected prelate to the apostolic dignity [that is, choose,
consecrate, and enthrone him].
"3. The pope shall be elected from the church in Rome, if a suitable
person can be found in it, but if not, he is to be taken from another
church.
"4. In the papal election--in accordance with the right which we have
already conceded to Henry and to those of his successors who may obtain
the same right from the apostolic see--due honor and reverence shall be
shown our beloved son, Henry, king and emperor elect [that is, the
rights of Henry shall be respected].
"5. But if the wickedness of depraved and iniquitous men shall so
prevail that a pure, genuine, and free election cannot be held in this
city, the cardinal bishops with the clergy and a few laymen shall have
the right to elect the pontiff wherever they shall deem most fitting.
"6. But if after an election any disturbance of war or any malicious
attempt of men shall prevail so that he who is elected cannot be
enthroned according to custom in the papal chair, the pope elect shall
nevertheless exercise the right of ruling the holy Roman church, and of
disposing of all its revenues, as we know St. Gregory did before his
consecration.
"But if anyone, actuated by rebellion or presumption or any other
motive, shall be elected or ordained or enthroned in a manner contrary
to this our decree, promulgated by the authority of the synod, he with
his counsellors, supporters, and followers shall be expelled from the
holy church of God by the authority of God and the holy apostles Peter
and Paul, and shall be subjected to perpetual anathema as Antichrist and
the enemy and destroyer of all Christianity; nor shall he ever be
granted a further hearing in the case, but he shall be deposed without
appeal from every ecclesiastical rank which he may have held formerly.
Whoever shall adhere to him or shall show him any reverence as if he
were pope, or shall aid him in any way, shall be subject to like
sentence. Moreover, if any rash person shall oppose this our decree and
shall try to confound and disturb the Roman church by his presumption
contrary to this decree, let him be cursed with perpetual anathema and
excommunication, and let him be numbered with the wicked who shall not
arise on the day of judgment. Let him feel upon him the weight of the
wrath of God the Father, the Son, and the Holy Spirit, and let him
experience in this life and the next the anger of the holy apostles,
Peter and Paul, whose church he has presumed to confound. Let his
habitation be desolate and let none dwell in his tents [Ps. 69:25]. Let
his children be orphans and his wife a widow. Let him be driven forth
and let his sons beg and be cast out from their habitations. Let the
usurer take all his substance and let others reap the fruit of his
labors. Let the whole earth fight against him and let all the elements
be hostile to him, and let the powers of all the saints in heaven
confound him and show upon him in this life their evident vengeance. But
may the grace of omnipotent God protect those who observe this decree
and free them from the bonds of all their sins by the authority of the
holy apostles Peter and Paul."
I, Nicholas, bishop of the holy Catholic and apostolic church, have
subscribed this decree which has been promulgated by us, as said above.
I, Boniface, by the grace of God bishop of Albano, have subscribed. I,
Humbert, bishop of the holy church of Silva Candida, have subscribed. I,
Peter, bishop of the church of Ostia, have subscribed. And other bishops
to the number of seventy-six, with priests and deacons.
{71} The seven cardinal bishops were those of Palæstrina, Porto, Ostia,
Tusculum, Silva Candida, Albano, and Sabina.
III. THE STRUGGLE BETWEEN THE EMPIRE AND THE PAPACY, 1073-1250
60-64. Prohibition of Simony, Marriage of the Clergy, and Lay
Investiture, 1074-1123.
According to Roman ideas religion and its ministers were a part of the
state and hence under the control of the government. When Constantine
made Christianity a legal religion the state took the same attitude
toward the new religion that it had toward the old. The emperor assumed
control over the Christian clergy, and the view soon prevailed that they
were officials of the state. Their duties, which were at first purely
spiritual, were soon extended to secular matters. For obvious reasons
the bishops were given an oversight over the administration of justice.
During the invasions of the barbarians the secular functions of the
bishops were greatly increased. Karl the Great made constant use of the
bishops in the administration of his realm. By the tenth century many
bishops were intrusted to a large extent with the secular government of
their dioceses and so were full-fledged officials of the state.
Attendance on diets was required of all officials, and eventually it was
required only of officials. So it came about that the bishops especially
formed an important part of the diet. Because of their learning they
were indispensable to the emperor in conducting the affairs of his court
and government; they naturally became his chief advisers. The bishops,
then, have two sets of functions, the one spiritual, the other secular.
Through bequests and gifts from various sources the clergy, and
especially the bishops and chief abbots, became great landholders. Many
gave to the clergy for religious reasons, such as the salvation of their
souls. But the emperors had still other motives: because of their office
as emperor they were bound to build up the church; they felt it to be
their duty to reward and to strengthen the clergy who were their
faithful officials; and, furthermore, since they frequently met with
opposition from the lay nobility, they thought it advisable to build up
a strong ecclesiastical nobility to serve as a check upon the former.
As all other offices and relations became feudalized, so all the clergy
underwent the same process. The bishops became the vassals of the
emperor, and sustained the same feudal relations to him as did the lay
nobility.
Since the bishops were both the officials and vassals of the emperor, it
is certain that he would insist on having a voice in their election.
Although the laws of the church did not permit this, nevertheless we
find that from Karl the Great to Henry III all the emperors exercised
the right of naming or appointing the bishops. Although at the time no
objection was made to this action of the emperors, a new party had now
arisen in the church which condemned it as simoniacal. This new party
had its origin in the monastery of Cluny, from which it took its name.
It was famous for the great reforms which it was trying to bring about.
Now it was a part of the Cluniac programme that the church should be
freed from all lay influence and that all ecclesiastical offices should
be filled not by lay appointment but by election by the clergy
(canonical election). Thus they gave simony a new meaning by declaring
that every election which was not canonical was simoniacal. For simony
was originally only the purchase or sale of any ecclesiastical office,
but as the church, under the influence of this Cluniac party, developed
her laws regarding canonical election and investiture, it came to be
applied to every form of election and investiture other than canonical.
The emperors had not only appointed the bishops, but they had also
inducted them into their office. The induction into office was called
investiture. Without it no one could fill the office to which he had
been elected. To symbolize the power of the office the emperor presented
the bishop with certain objects, such as a ring and a staff, which
represented his spiritual authority over his diocese, and with a
sceptre, which represented his temporal authority. The Cluniac party
opposed all lay investiture and insisted that all the clergy should
receive the symbols of their power from the church. But since the
emperor's temporal interests were so largely involved, he could not
yield to the Cluniac demands without great loss of power. He could not
tamely surrender to the pope the control of the bishops and their broad
lands. Nor was it probable that the nobility would give up their rights
(as patrons, etc.) to appoint the local clergy and to invest them with
their office. So the struggle over investiture was long and bitter.
Lay investiture had already been prohibited by Nicholas II in the
Lateran synod of 1059 but no steps had been taken to enforce the
prohibition. Gregory VII renewed the prohibition and made it one of the
prominent parts of his programme.
Although the opinion had long prevailed in the church that the celibate
life, or chastity, was more holy than the married life, and therefore
more becoming in the clergy, yet it was not uncommon for clergymen to
marry. The Cluniac party regarded this state of affairs as especially
blameworthy, and demanded that all the clergy be required to take the
vow of perpetual chastity. In this, as in other respects, Gregory VII
endeavored to carry out the Cluniac programme and so exerted himself to
suppress clerical marriage, or, as the Cluniac party called it, clerical
concubinage.
The following documents, nos. 60-64, illustrate the legislation of the
church in regard to simony, celibacy, and investiture.
60. Prohibition of Simony and of the Marriage of the Clergy, 1074 A.D.
Sigebert of Gembloux, ad annum 1074; M. G. SS. folio, VI, p. 362.
Pope Gregory [VII] held a synod in which he anathematized all who were
guilty of simony. He also forbade all clergy who were married to say
mass, and all laymen were forbidden to be present when such a married
priest should officiate. In this he seemed to many to act contrary to
the decisions of the holy fathers who have declared that the sacraments
of the church are neither made more effective by the good qualities, nor
less effective by the sins, of the officiating priest, because it is the
Holy Spirit who makes them effective.
61. Simony and Celibacy. The Roman Council, 1074.
Mansi, XX, p. 404.
Those who have been advanced to any grade of holy orders, or to any
office, through simony, that is, by the payment of money, shall
hereafter have no right to officiate in the holy church. Those also who
have secured churches by giving money shall certainly be deprived of
them. And in the future it shall be illegal for anyone to buy or to sell
[any ecclesiastical office, position, etc.].
Nor shall clergymen who are married say mass or serve the altar in any
way. We decree also that if they refuse to obey our orders, or rather
those of the holy fathers, the people shall refuse to receive their
ministrations, in order that those who disregard the love of God and the
dignity of their office may be brought to their senses through feeling
the shame of the world and the reproof of the people.
62. Celibacy of the Clergy. Gregory VII, 1074.
Mansi, XX, p. 433; Corpus Juris Can., Diet. LXXXI, e. xv.
If there are any priests, deacons, or subdeacons who are married, by the
power of omnipotent God and the authority of St. Peter we forbid them to
enter a church until they repent and mend their ways. But if any remain
with their wives, no one shall dare hear them [when they officiate in
the church], because their benediction is turned into a curse, and their
prayer into a sin. For the Lord says through the prophet, "I will curse
your blessings" [Mal. 2:2]. Whoever shall refuse to obey this most
salutary command shall be guilty of the sin of idolatry. For Samuel
says: "For rebellion is as the sin of witchcraft, and stubbornness is as
iniquity and idolatry" [1 Sam. 15:23]. Whoever therefore asserts that he
is a Christian but refuses to obey the apostolic see, is guilty of
paganism.
63. Action of the Ninth General Council in the Lateran Against the
Marriage of the Clergy, 1123 A.D.
Densinger, p. 106; Hefele, V, p. 194.
We forbid priests, deacons, and subdeacons to live with wives or
concubines, and no woman shall live with a clergyman except those who
are permitted by the council of Nicæa, viz.: mother, sister, aunt, or
others of such sort that no suspicion may justly arise concerning them.
64. Prohibition of Lay Investiture, November 19, 1078.
Jaffé, II, p. 332; Doeberl, III, no. 5 a.
Since we know that investitures have been made by laymen in many places,
contrary to the decrees of the holy fathers, and that very many
disturbances injurious to the Christian religion have thereby arisen in
the church, we therefore decree: that no clergyman shall receive
investiture of a bishopric, monastery, or church from the hand of the
emperor, or the king, or any lay person, man or woman. And if anyone has
ventured to receive such investiture, let him know that it is annulled
by apostolic authority, and that he is subject to excommunication until
he has made due reparation.
65. Dictatus Papæ, _ca._ 1090.
Jaffé, II, p. 174; Doeberl, III, no 6.
Until recently the _Dictatus Papæ_ was supposed to have been written by
Gregory VII, but it is now known to have had a different origin. In 1087
cardinal Deusdedit published a collection of the laws of the church,
which he drew from many sources, such as the actions of councils and the
writings of the popes. The _Dictatus_ agrees so clearly and closely with
this collection, that it must have been based on it; and so must be
later than the date of its compilation, 1087. It seems evident that some
one, while reading the collection of Deusdedit, wishing to formulate the
papal rights and prerogatives, expressed them in these twenty-seven
theses. Although they were not formulated by Gregory himself, there is
no doubt that they express his chief principles.
1. That the Roman church was established by God alone.
2. That the Roman pontiff alone is rightly called universal.
3. That he alone has the power to depose and reinstate bishops.
4. That his legate, even if he be of lower, ecclesiastical rank,
presides over bishops in council, and has the power to give sentence of
deposition against them.
5. That the pope has the power to depose those who are absent [_i.e._,
without giving them a hearing].
6. That, among other things, we ought not to remain in the same house
with those whom he has excommunicated.
7. That he alone has the right, according to the necessity of the
occasion, to make new laws, to create new bishoprics, to make a
monastery of a chapter of canons, and _vice versa_, and either to divide
a rich bishopric or to unite several poor ones.
8. That he alone may use the imperial insignia.
9. That all princes shall kiss the foot of the pope alone.
10. That his name alone is to be recited in the churches.
11. That the name applied to him belongs to him alone.
12. That he has the power to depose emperors.
13. That he has the right to transfer bishops from one see to another
when it becomes necessary.
14. That he has the right to ordain as a cleric anyone from any part of
the church whatsoever.
15. That anyone ordained by him may rule [as bishop] over another
church, but cannot serve [as priest] in it, and that such a cleric may
not receive a higher rank from any other bishop.
16. That no general synod may be called without his order.
17. That no action of a synod and no book shall be regarded as canonical
without his authority.
18. That his decree can be annulled by no one, and that he can annul the
decrees of anyone.
19. That he can be judged by no one.
20. That no one shall dare to condemn a person who has appealed to the
apostolic seat.
21. That the important cases of any church whatsoever shall be referred
to the Roman church [that is, to the pope].
22. That the Roman church has never erred and will never err to all
eternity, according to the testimony of the holy scriptures.
23. That the Roman pontiff who has been canonically ordained is made
holy by the merits of St. Peter, according to the testimony of St.
Ennodius, bishop of Pavia, which is confirmed by many of the holy
fathers, as is shown by the decrees of the blessed pope Symmachus.
24. That by his command or permission subjects may accuse their rulers.
25. That he can depose and reinstate bishops without the calling of a
synod.
26. That no one can be regarded as catholic who does not agree with the
Roman church.
27. That he has the power to absolve subjects from their oath of
fidelity to wicked rulers.
Section 1 means that the Roman church received the primacy over the
whole church directly from Christ. Section 8 is based on the forged
Donation of Constantine, according to which the emperor gave the pope
the right to use the imperial insignia. In section 11 it is not clear
what name is meant. It may be "universal" as in section 2. The bishop of
Rome claimed the exclusive right to call himself pope, apostolic, and
universal. Papa or pope was at first the common title of all priests,
and is still so in the Greek church. But in the course of time it was
limited in the west to the bishop of Rome. "Apostolic" was at first
applied to all bishops, but eventually the bishop of Rome claimed the
exclusive right to it and forbade all other bishops to use it. Since the
bishop of Rome was the head of the whole church he was the only one who
could call himself "universal." The right of ordaining, section 14, that
is, of raising to the clerical rank, belonged to each bishop, but he
could exercise it only in his own diocese. But the bishop of Rome had
the whole world for his diocese, and hence he could ordain any one, no
matter to what bishopric he belonged. In explanation of section 23 the
following passage from pope Symmachus (498-514) is offered (Hinschius,
"Decretales," p. 666). "We do not judge that St. Peter received from the
Lord with the prerogative of his chair [that is, with his primacy] the
right to sin. But he passed on to his successors the perennial dower of
his merits with his heritage of innocence. Who can doubt that he who is
exalted to the height of apostolic dignity is holy?"
66. Letter of Gregory VII to all the Faithful, Commending his Legates,
1074.
Migne, 148, col. 392.
It had not been uncommon for the popes to send their legates on missions
to various parts of the world, but Gregory VII made a far more frequent
use of them than any of his predecessors. He practically ruled the
church through them and demanded that they be received and obeyed by
all. This letter shows his general attitude on the matter, the authority
he gave them, and the reception which he expected them to have.
Gregory, bishop, servant of the servants of God, to all the faithful
subjects of St. Peter, to whom these presents come, greeting and
apostolic benediction.
You see that wickedness is increasing and that the wiles of the devil
are prevailing in the earth, that Christian charity has grown cold and
religious zeal has almost disappeared within the church. But since we
cannot be everywhere present in person to attend to all these matters,
we have sent to you two beloved sons of the holy Roman church, Geizo,
abbot of St. Boniface, and Maurus, abbot of St. Sabba, who shall
represent us to you and have authority to do in our name whatever may be
to the advantage of the church. Remember therefore that saying of the
gospel: "He that heareth you heareth me; and he that despiseth you
despiseth me" [Luke 10:16]. As you care for the friendship and for the
favor of St. Peter, whose messengers they are, receive them with the
proper reverence and kindness, and obey them in all matters which may
arise as part of their mission or through the exigencies of the
situation among you. If it becomes necessary or expedient for the
legates to separate and go to different regions, each one of them shall
be received and obeyed as our representative.
67. Oath of the Patriarch of Aquileia to Gregory VII, 1079 A.D.
Mansi, XX, p 525.
Gregory VII required an oath of fidelity from all bishops. By comparing
the oath of Boniface to Gregory II (no. 40) and the oath of Richard of
Capua (no. 68) with this oath of the patriarch of Aquileia, interesting
light will be thrown on the theory and practice of Gregory VII.
From now henceforth I will be faithful to St. Peter and to pope Gregory
[VII] and to his successors who shall be elected by the better
cardinals. Neither in counsel nor in deed will I do anything to cause
them to lose their life, or limb, or the papacy, or that they be taken
prisoner through any treacherous trick. To whatsoever synod they, either
in person or by messenger or by letter, may call me, I will come and I
will obey them according to the law; or if I shall not be able to come,
I will send my representative. I will aid and defend them in holding and
defending the papacy and the regalia of St. Peter, saving the duties of
my position. If they, either in person or by messenger or by letter,
shall intrust me with a secret, I will not knowingly reveal it to anyone
to their harm. I will treat with honor a papal legate, whether coming
[from Rome] or going [back to Rome], and I will give him my aid whenever
he needs it. I will not wittingly associate with any whom the pope has
excommunicated. Whenever I shall have been called on I will aid the
Roman church with my military forces. All these duties I will perform
unless I shall have been excused from them.
68-73. Gregory VII Exercises Secular Authority.
68. The Oath of Fidelity which Richard, Prince of Capua, Swore to
Gregory VII, 1073.
Migne, 148, col. 304.
Gregory VII, in accordance with his political pretensions, endeavored to
compel all rulers of the Christian world to acknowledge his supremacy
over them. He made the broadest claims to the proprietorship of all
kingdoms, duchies, counties, etc., and tried to compel all rulers of
every rank to take an oath of vassalage to him and to receive their
lands from him as fiefs. Nos. 68-73 illustrate this feature of his
policy.
I, Richard, by the grace of God and St. Peter prince of Capua, from this
time forth will be faithful to the holy Roman church, to the apostolic
see, and to you, pope Gregory. I will have no share in any plan or any
deed to injure you in life or limb or to make you captive. Any plan
which you may confide to me, wishing it to be kept secret, I will never
divulge consciously to your injury. I will faithfully aid you and the
holy Roman church to keep, acquire, and defend the regalia and the
possessions of St. Peter against all men and I will assist you to hold
the papacy and the lands of St. Peter in peace and honor. I will never
attempt to attack, seize, or devastate any lands without the express
permission of you or your successors, except such lands as you or your
successors may have given to me. I promise to pay to the Roman church
the legal tribute from the lands of St. Peter, which I hold or shall
hold. I will surrender to your authority all the churches which are in
my lands, with all their goods, and I will defend them in their fidelity
to the holy Roman church. I will swear fidelity to king Henry whenever I
shall be commanded to do so by you or your successors, always saving my
fidelity to the holy Roman church. If you or any of your successors
shall die before I do, I will support the better part of the cardinals
and the clergy and the people of Rome in the election and establishment
of a new pope to the honor of St. Peter. I will keep all the above
promises to you and to the holy Roman church in good faith, and I will
keep my oath of fidelity to your successors who shall be ordained popes,
if they are willing to confirm the investiture which you have conferred
upon me.
69. Letter of Gregory VII to the Princes Wishing to Reconquer Spain,
1073.
Migne, 148, cols. 289 f.
See introductory note to no. 68.
Gregory, pope elect, to all the princes desiring to go into Spain,
perpetual greeting in the Lord Jesus Christ.
We suppose you know that the kingdom of Spain belonged of old to St.
Peter, and that this right has never been lost, although the land has
long been occupied by pagans. Therefore the ownership of this land
inheres in the apostolic see alone, for whatever has come into the
possession of the churches by the will of God, while it may be alienated
from their use, may not by any lapse of time be separated from their
ownership except by lawful grant. Count Evolus of Roceio, whose fame you
must know, wishes to attack that land and rescue it from the heathen.
Therefore we have granted him the possession of such territory as he may
win from the pagans by his own efforts or with the aid of allies, on
conditions agreed upon by us as the representative of St. Peter. You who
join him in this undertaking should do so to the honor of St. Peter,
that St. Peter may protect you from danger and reward your fidelity to
him. But if any of you plan to attack that land independently with your
own forces, you should do so in a spirit of devotion and with righteous
motives. Beware lest after you have conquered the land you wrong St.
Peter in the same way as the infidels do who now hold it. Unless you are
prepared to recognize the rights of St. Peter by making an equitable
agreement with us, we will forbid you by our apostolic authority to go
thither, that your holy and universal mother, the church, may not suffer
from her sons the same injuries which she now suffers from her enemies,
to the loss not only of her property, but also of the devotion of her
children. To this end we have sent to Spain our beloved son, Hugo,
cardinal priest of the holy Roman church, and he will inform you more
fully of our terms and conditions.
70. Letter of Gregory VII to Wratislav, Duke of Bohemia, 1073.
Migne, 148, cols. 299 f.
See introductory note to no. 68.
Gregory, etc., to Wratislav, etc. We give thanks to omnipotent God that
you have been led by your devotion and reverence for the apostles Peter
and Paul, princes of the apostles, to receive our legates with kindness
and treat them with the graciousness which is becoming to your majesty.
Receive the assurance of our good-will in return for this evidence of
your fidelity. It has not been usual for papal legates to visit your
land; this, however, is partly the fault of your forefathers, as well as
of our predecessors, for the dukes of Bohemia should have requested the
pope to send them legates. But some of your subjects have regarded our
sending of legates as an innovation, and have treated them with
contempt, forgetting the word of God: "He that receiveth you receiveth
me" [Matt. 10:40]; "and he that despiseth you despiseth me" [Luke
10:16]. So in failing to show due reverence to our legates, they have
not so much despised them, as they have despised the word of truth....
71. Letter of Gregory VII to Sancho, King of Aragon, 1074.
Migne, 148 col. 339.
See introductory note to no. 68.
Gregory, bishop, servant of the servants of God, to Sancho, king of
Aragon, greeting and apostolic benediction.
We received your gracious letter with great joy, because of the evidence
which it contained of your fidelity to the princes of the apostles,
Peter and Paul, and to the holy Roman church. But indeed even if we had
not received your letter we should have been well aware of your fidelity
through the report of our legates. By enforcing the observances of the
Roman form of service in the churches of your kingdom you have shown
that you are a true son of the Roman church and that you bear the same
friendship to us that former kings of Spain have borne to the Roman
pope. Be firm and constant in the faith and complete the good work which
you have begun; then the blessed St. Peter, whom our Lord Jesus Christ
has made ruler over the kingdoms of this world, will bring to pass the
desires of your heart and will make you victorious over your enemies,
because of the trust which you have placed in him....
72. Letter of Gregory VII to Solomon, King of Hungary, 1074.
Migne, 148, col. 373.
See introductory note to no. 68.
Gregory, bishop, servant of the servants of God, to Solomon, king of
Hungary, greeting and apostolic benediction.
Your letter was late in reaching us because of the delay of the
messenger, but when it did come we were displeased with it because its
terms were offensive to St. Peter. For the kingdom of Hungary, as you
can learn from your own princes, belongs of right to the holy Roman
church, having been offered and surrendered to St. Peter with all its
rights and powers by the former king Stephen. And when the emperor Henry
[II] of blessed memory, attacked the kingdom in the defense of the honor
of St. Peter and captured the king, he forwarded to the grave of St.
Peter the lance and crown, the insignia of kingship. But we hear that
you have accepted the kingdom as a fief from the king of the Germans,
thereby infringing the rights and the honor of St. Peter and acting in a
manner incompatible with the virtue and character of a king. If you wish
to have the favor of St. Peter and our good will, you must correct your
faults; you know yourself that you cannot hope for justice, that,
indeed, you cannot reign any length of time, unless you admit that you
hold the sceptre of your kingdom from the pope and not from the king. As
far as God shall give us strength, we will never through fear or
affection or any personal consideration consent to the diminishing of
the honor of him whom we serve. But if you are willing to mend your ways
and act as a king should, you may easily win the love of your mother,
the holy Roman church, and our friendship in Christ.
73. Letter of Gregory VII to Demetrius, King of the Russians, 1075.
Migne, 148, col. 425.
See introductory note to no. 68.
Gregory, bishop, servant of the servants of God, to Demetrius, king of
the Russians, and to his wife, the queen, greeting and apostolic
benediction.
Your son has visited us at Rome, and has asked that we invest him with
the kingdom of the Russians in the name of St. Peter. He has given
sufficient evidence of his fidelity to St. Peter, and has assured us
that he is acting with your consent in making the petition. We have felt
justified in granting his petition because of your consent and of the
devotion which he has evidenced; therefore we have conferred upon him in
the name of St. Peter the government of your kingdom. We pray that St.
Peter may protect you and your kingdom and all your possessions by his
intercession with God, that he may cause you to hold your kingdom in
peace, glory, and honor, all your days, and that at the end of this life
he may obtain for you an eternal glory with the King of Heaven. We shall
always be ready to grant your request whenever you call upon us in any
righteous cause. In regard to this matter of the investiture and other
affairs not mentioned in this letter, we have sent you these legates,
one of whom is a well-known and faithful friend of yours. Treat them
kindly out of reverence for St. Peter, whose legates they are; listen to
them and believe without hesitation whatever they may say on our behalf.
Do not allow them to be hindered in the discharge of any of the duties
with which we have intrusted them, but give them your faithful
assistance. May omnipotent God illumine your soul and lead you through
this temporal life to his eternal glory.
74-81. Conflict between Henry IV and Gregory VII.
74. Letter of Gregory VII to Henry IV, December, 1075.
Jaffé, II, pp. 218 ff; Doeberl, III, no. 7.
Gregory VII met with vigorous opposition from the German clergy as well
as from the king when he attempted to enforce his laws against simony
and the marriage of the clergy. In a synod at Rome, 1075, Feb. 24-28,
Gregory excommunicated five of Henry's intimate advisers for the sin of
simony. Henry refused to recognize the validity of this excommunication,
and, regardless of papal protests, persisted in his policy of disposing
of bishoprics (Milan, Fermo, Spoleto, for example) as he chose. Gregory
determined to proceed to extreme measures. He sent messengers to Henry,
bearing this letter (no. 74) in which he defended his decrees against
simony and the marriage of the clergy, and announced his determination
to hold fast to them and to compel the whole world to accept them. He
also intrusted an oral message to the bearers of the letter to the
effect that if Henry did not mend his evil life, and drive his
excommunicated counsellors from his court, Gregory would not only
excommunicate him but also depose him.
Henry's answer to this message and letter was given at a national synod
at Worms, Jan. 24, 1076. This synod deposed Gregory and informed him of
their action by two letters, one by Henry (no. 75), and the other by the
German bishops (no. 76). Gregory replied by excommunicating and deposing
the king (no. 77).
Gregory, bishop, servant of the servants of God, to Henry, the king,
greeting and apostolic benediction--that is, if he shall prove obedient
to the apostolic see as a Christian king should.
We have sent you our apostolic benediction with some hesitation, knowing
that we must render account to God, the severe judge, for all our acts
as pope. Now it is reported that you have knowingly associated with men
who have been excommunicated by the pope and the synod. If this is true,
you know that you cannot receive the blessing either of God or of the
pope until you have driven them from you and have compelled them to do
penance, and have yourself sought absolution and forgiveness for your
transgressions with due penance and reparation. Therefore, if you
realize your guilt in this matter, we counsel you to confess straightway
to some pious bishop, who shall absolve you with our permission,
enjoining upon you suitable penance for this fault, and who shall
faithfully report to us by letter, with your permission, the character
of the penance prescribed.
We wonder, moreover, that you should continue to assure us by letter and
messengers of your devotion and humility; that you should call yourself
our son and the son of the holy mother church, obedient in the faith,
sincere in love, diligent in devotion, and that you should commend
yourself to us with all zeal of love and reverence--whereas in fact you
are constantly disobeying the canonical and apostolic decrees in
important matters of the faith. For, to say nothing of the rest, in the
case of Milan, concerning which you gave us your promise through your
mother and through our fellow-bishops whom we sent to you, the event has
shown how far you intended to carry out your promise [that is, not at
all] and with what purpose you made it. And now, to inflict wound upon
wound, contrary to the apostolic decrees you have bestowed the churches
of Fermo and Spoleto--if indeed a church can be bestowed by a
layman--upon certain persons quite unknown to us; for it is not lawful
to ordain men before they have been known and proved.
Since you confess yourself a son of the church, you should treat with
more honor the head of the church, that is, St. Peter, the prince of the
apostles. If you are one of the sheep of the Lord, you have been
intrusted to him by divine authority, for Christ said to him: "Peter,
feed my sheep" [John 21:16]; and again: "And I will give unto thee the
keys of the kingdom of Heaven; and whatsoever thou shalt bind on earth
shall be bound in heaven; and whatsoever thou shalt loose on earth shall
be loosed in heaven" [Matt. 16:19]. And since we, although an unworthy
sinner, exercise his authority by divine will, the words which you
address to us are in reality addressed directly to him. And although we
only read or hear the words, he sees the heart from which the words
proceed. Therefore your highness should be very careful that no
insincerity be found in your words and messages to us; and that you show
due reverence, not to us indeed, but to omnipotent God, in those things
which especially make for the advance of the Christian faith and the
well-being of the church. For our Lord said to the apostles and to their
successors: "He that heareth you heareth me; and he that despiseth you
despiseth me" [Luke 10:16]. For no one will disregard our admonitions if
he believes that the decrees of the pope have the same authority as the
words of the apostle himself. For if our Lord commanded the apostles out
of reverence for the seat of Moses to observe the sayings of the scribes
and Pharisees who occupied that seat, then surely the faithful ought to
receive with all reverence the apostolic and evangelical doctrine
through those who are chosen to the ministry of preaching.
Now in the synod held at the apostolic seat to which the divine will has
called us (at which some of your subjects also were present) we, seeing
that the Christian religion had been weakened by many attacks and that
the chief and proper motive, that of saving souls, had for a long time
been neglected and slighted, were alarmed at the evident danger of the
destruction of the flock of the Lord, and had recourse to the decrees
and the doctrine of the holy fathers; we decreed nothing new, nothing of
our invention [that is, against simony and the marriage of the clergy];
but we decided that the error should be abandoned and the single
primitive rule of ecclesiastical discipline and the familiar way of the
saints should be again sought out and followed. For we know that no
other door to salvation and eternal life lies open to the sheep of
Christ than that which was pointed out by him who said: "I am the door,
by me if any man enter in he shall be saved, and find pasture" [John
10:9]; and this, we learn from the gospels and from the sacred writings,
was preached by the apostles and observed by the holy fathers. And we
have decided that this decree--which some, placing human above divine
honor, have called an unendurable weight and an immense burden, but
which we call by its proper name, that is, the truth and light necessary
to salvation--is to be received and observed not only by you and your
subjects, but also by all princes and peoples of the earth who confess
and worship Christ; for it is greatly desired by us, and would be most
fitting for you, that, as you are greater than others in glory, in
honor, and in virtue, so you should be more distinguished in devotion to
Christ.
Nevertheless, that this decree may not seem to you beyond measure
grievous and unjust, we have commanded you by your faithful ambassadors
to send to us the wisest and most pious men whom you can find in your
kingdom, so that if they can show or instruct us in any way how we can
temper the sentence promulgated by the holy fathers without offence to
the eternal King or danger to our souls, we may consider their advice.
But, even if we had not warned you in so friendly a manner, it would
have been only right on your part, before you violated the apostolic
decrees, to have asked justice of us in a reasonable manner in any
matter in which we had injured or affected your honor. But it is evident
in what you have since done and decreed how little you care for our
warnings or for the observance of justice.
But since we hope that, while the long-suffering patience of God still
invites you to repent, you may become wiser and your heart may be turned
to obey the commands of God, we warn you with fatherly love that,
knowing the rule of Christ to be over you, you should consider how
dangerous it is to place your honor above his, and that you should not
interfere with the liberty of the church which he has deigned to join to
himself by heavenly union, but rather with faithful devotion you should
offer your assistance to the increasing of this liberty to omnipotent
God and St. Peter, through whom also your glory may be amplified. You
ought to recognize what you undoubtedly owe to them for giving you
victory over your enemies, that as they have gladdened you with great
prosperity, so they should see that you are thereby rendered more
devout. And in order that the fear of God, in whose hands is all power
and all rule, may affect your heart more than these our warnings, you
should recall what happened to Saul when, after winning the victory
which he gained by the will of the prophet, he glorified himself in his
triumph and did not obey the warnings of the prophet, and how God
reproved him; and, on the other hand, what grace king David acquired by
reason of his humility, as well as his other virtues.
Finally, in regard to those matters in your letter which we have not yet
touched upon, we will not give a definite answer until your ambassadors,
Rapoto, Adelbert, and Wodescalc, and those whom we have sent with them,
shall return to us and shall make known more fully your intention in
regard to the matters which we committed to them to be discussed with
you. Given at Rome, the 6th of the Ides of January, the 14th indiction.
75. The Deposition of Gregory VII by Henry IV, January 24, 1076.
M. G. LL. folio, II, pp. 47 ff; Doeberl, III, no. 8 b.
See introductory note to no. 74.
Henry, king not by usurpation, but by the holy ordination of God, to
Hildebrand, not pope, but false monk.
This is the salutation which you deserve, for you have never held any
office in the church without making it a source of confusion and a curse
to Christian men instead of an honor and a blessing. To mention only the
most obvious cases out of many, you have not only dared to touch the
Lord's anointed, the archbishops, bishops, and priests; but you have
scorned them and abused them, as if they were ignorant servants not fit
to know what their master was doing. This you have done to gain favor
with the vulgar crowd. You have declared that the bishops know nothing
and that you know everything; but if you have such great wisdom you have
used it not to build but to destroy. Therefore we believe that St.
Gregory, whose name you have presumed to take, had you in mind when he
said: "The heart of the prelate is puffed up by the abundance of
subjects, and he thinks himself more powerful than all others." All this
we have endured because of our respect for the papal office, but you
have mistaken our humility for fear, and have dared to make an attack
upon the royal and imperial authority which we received from God. You
have even threatened to take it away, as if we had received it from you,
and as if the empire and kingdom were in your disposal and not in the
disposal of God. Our Lord Jesus Christ has called us to the government
of the empire, but he never called you to the rule of the church. This
is the way you have gained advancement in the church: through craft you
have obtained wealth; through wealth you have obtained favor; through
favor, the power of the sword; and through the power of the sword, the
papal seat, which is the seat of peace; and then from the seat of peace
you have expelled peace. For you have incited subjects to rebel against
their prelates by teaching them to despise the bishops, their rightful
rulers. You have given to laymen the authority over priests, whereby
they condemn and depose those whom the bishops have put over them to
teach them. You have attacked me, who, unworthy as I am, have yet been
anointed to rule among the anointed of God, and who, according to the
teaching of the fathers, can be judged by no one save God alone, and can
be deposed for no crime except infidelity. For the holy fathers in the
time of the apostate Julian did not presume to pronounce sentence of
deposition against him, but left him to be judged and condemned by God.
St. Peter himself said: "Fear God, honor the king" [1 Pet. 2:17]. But
you, who fear not God, have dishonored me, whom He hath established. St.
Paul, who said that even an angel from heaven should be accursed who
taught any other than the true doctrine, did not make an exception in
your favor, to permit you to teach false doctrines. For he says: "But
though we, or an angel from heaven, preach any other gospel unto you
than that which we have preached unto you, let him be accursed" [Gal.
1:8]. Come down, then, from that apostolic seat which you have obtained
by violence; for you have been declared accursed by St. Paul for your
false doctrines and have been condemned by us and our bishops for your
evil rule. Let another ascend the throne of St. Peter, one who will not
use religion as a cloak of violence, but will teach the life-giving
doctrine of that prince of the apostles. I, Henry, king by the grace of
God, with all my bishops, say unto you: "Come down, come down, and be
accursed through all the ages."
76. Letter of the Bishops to Gregory VII, January 24, 1076.
Codex Udalrici, no. 162; M. G. LL. folio, II, pp. 44 ff; Doeberl, III,
no. 8 a.
See introductory note to no. 74.
Siegfried, archbishop of Mainz, Udo, bishop of Trier, William, bishop of
Utrecht, etc. [a list of names of bishops, twenty-six in all], to
brother Hildebrand.
At first when you made yourself pope we thought it better to ignore the
illegality of your action and to submit to your rule, in the hope that
you would redeem your bad beginning by a just and righteous government
of the church, although we realized even then the enormity of the sin
which you had committed. But now the lamentable condition of the whole
church shows us only too well how we were deceived in you; your violent
entrance into office was but the first in a series of wicked deeds and
unjust decrees. Our Lord and Redeemer has said, in more places than we
can well enumerate here, that love and gentleness are the marks of his
disciples, but you are known for your pride, your ambition, and your
love of strife. You have introduced worldliness into the church; you
have desired a great name rather than a reputation for holiness; you
have made a schism in the church and offended its members, who before
your time were living together in peace and charity. Your mad acts have
kindled the flame of discord which now rages in the churches of Italy,
Germany, France, and Spain. The bishops have been deprived of their
divine authority, which rests upon the grace of the Holy Spirit received
through ordination, and the whole administration of ecclesiastical
matters you have given to rash and ignorant laymen. There is nowhere in
the church to-day a bishop or a priest who does not hold his office
through abject acquiescence in your ambitious schemes. The order of
bishops, to whom the government of the church was intrusted by the Lord,
you have thrown into confusion, and you have disturbed that excellent
coördination of the members of Christ which Paul in so many places
commends and inculcates, while the name of Christ has almost disappeared
from the earth; and all this through those decrees in which you glory.
Who among men is not filled with astonishment and indignation at your
claims to sole authority, by which you would deprive your fellow-bishops
of their coördinate rights and powers? For you assert that you have the
authority to try any one of our parishioners for any sin which may have
reached your ears even by chance report, and that no one of us has the
power to loose or to bind such a sinner, but that it belongs to you
alone or to your legate. Who that knows the scriptures does not perceive
the madness of this claim? Since, therefore, it is now apparent that the
church of God is in danger of destruction through your presumption, we
have come to the conclusion that this state of things can no longer be
endured, and we have determined to break our silence and to make public
the reasons why you are unfit and have always been unfit to rule the
church as pope. These are the reasons: In the first place, in the reign
of emperor Henry [III] of blessed memory, you bound yourself by oath
never to accept the papacy or to permit anyone else to accept it during
the life of that emperor or of his son without the consent of the
emperor. There are many bishops still living who can bear witness to
that oath. On another occasion, when certain cardinals were aiming to
secure the office, you took an oath never to accept the papacy, on
condition that they should all take the same oath. You know yourself how
faithfully you have kept these oaths! In the second place, it was agreed
in a synod held in the time of pope Nicholas [II] and attended by 125
bishops, that no one, under penalty of excommunication, should ever
accept the papacy who had not received the election of the cardinals,
the approbation of the people, and the consent of the emperor. You
yourself proposed and promoted that decree and signed it with your own
hand. In the third place, you have filled the whole church with the
stench of scandal, by associating on too intimate terms with a woman who
was not a member of your family [the countess Matilda]. We do not wish
to base any serious charge on this last accusation; we refer to it
because it outrages our sense of propriety. And yet the complaint is
very generally made that all the judgments and acts of the papacy are
passed on by the women about the pope, and that the whole church is
governed by this new female conclave. And finally, no amount of
complaint is adequate to express the insults and outrages you have
heaped upon the bishops, calling them sons of harlots and other vile
names. Therefore, since your pontificate was begun in perjury and crime,
since your innovations have placed the church of God in the gravest
peril, since your life and conduct are stained with infamy; we now
renounce our obedience, which indeed was never legally promised to you.
You have declared publicly that you do not consider us to be bishops; we
reply that no one of us shall ever hold you to be the pope.
77. The First Deposition and Excommunication of Henry IV by Gregory VII,
1076.
Greg VII. Reg., III, no. 10 a; Jaffé, II, pp. 223 ff; Doeberl, III, no. 9.
See introductory note to no. 74.
St. Peter, prince of the apostles, incline thine ear unto me, I beseech
thee, and hear me, thy servant, whom thou hast nourished from mine
infancy and hast delivered from mine enemies that hate me for my
fidelity to thee. Thou art my witness, as are also my mistress, the
mother of God, and St. Paul thy brother, and all the other saints, that
thy holy Roman church called me to its government against my own will,
and that I did not gain thy throne by violence; that I would rather have
ended my days in exile than have obtained thy place by fraud or for
worldly ambition. It is not by my efforts, but by thy grace, that I am
set to rule over the Christian world which was specially intrusted to
thee by Christ. It is by thy grace and as thy representative that God
has given to me the power to bind and to loose in heaven and in earth.
Confident of my integrity and authority, I now declare in the name of
omnipotent God, the Father, Son, and Holy Spirit, that Henry, son of the
emperor Henry, is deprived of his kingdom of Germany and Italy; I do
this by thy authority and in defence of the honor of thy church, because
he has rebelled against it. He who attempts to destroy the honor of the
church should be deprived of such honor as he may have held. He has
refused to obey as a Christian should, he has not returned to God from
whom he had wandered, he has had dealings with excommunicated persons,
he has done many iniquities, he has despised the warnings which, as thou
art witness, I sent to him for his salvation, he has cut himself off
from thy church, and has attempted to rend it asunder; therefore, by thy
authority, I place him under the curse. It is in thy name that I curse
him, that all people may know that thou art Peter, and upon thy rock the
Son of the living God has built his church, and the gates of hell shall
not prevail against it.
78. The Agreement at Oppenheim, October, 1076.
M. G. LL. 4to, IV, I, nos. 64, 65; Codex Udalrici, nos. 145,155;
Doeberl, III, no. 12.
Various parts of Germany were already in revolt against Henry IV, and
the immediate effect of the papal excommunication was to strengthen the
rebellious party. Being almost deserted, Henry found himself unable to
refuse the demands of the rebels. He agreed to submit to Gregory in all
things, and rescinded the edicts by which he had deposed him. He also
called on all his subjects to submit to the pope (no. 79).
Promise of king Henry to pope Hildebrand, also called Gregory.
In accordance with the advice of my subjects, I hereby promise to show
henceforth fitting reverence and obedience to the apostolic office and
to you, pope Gregory. I further promise to make suitable reparation for
any loss of honor which you or your office may have suffered through me.
And since I have been accused of certain grave crimes, I will either
clear myself by presenting proof of my innocence or by undergoing the
ordeal, or else I will do such penance as you may decide to be adequate
for my fault.
79. Edict Annulling the Decrees Against Pope Gregory.
Cf. reference to no. 78.
Henry, by the grace of God king, to the archbishops, bishops, margraves,
counts, and to his subjects of every rank and dignity, greeting and good
will. Our faithful subjects have convinced us that in our recent
controversy with pope Gregory we were led astray by certain evil
counsellors. Therefore we now make known to all, that we have repented
of our former actions and have determined henceforth to obey him in
everything, as our predecessors were wont to do before us, and to make
full reparation for any injury which we may have inflicted upon him or
his office. We command all of you to follow our example and to offer
satisfaction to St. Peter and to his vicar, pope Gregory, for any fault
you may have committed, and to seek absolution from him, if any of you
are under his ban.
80. Letter of Gregory VII to the German Princes Concerning the Penance
of Henry IV at Canossa, _ca._ January 28, 1077.
Greg. VII. Reg., IV, nos 12, 12 a; Jaffé, II, pp. 256 ff: Doeberl, III,
no. 13.
At Oppenheim Henry IV had been temporarily deposed. He sent away his
counsellors who had been excommunicated, gave up all participation in
the affairs of government, laid aside all the royal insignia, and
withdrew to the city of Speier, which he was not to leave until the
matter was adjusted by the pope, who was to come to Germany and hold a
diet in February, 1077. But Henry did not keep his word. Fearing that he
would be permanently deposed if the pope should come to Germany and sit
with his rebellious subjects in judgment on him, he determined to
forestall matters by going to see the pope in Italy. So he fled from
Speier and hastened as rapidly as possible into Italy. He came to
Canossa, where he humbled himself before Gregory and received
absolution. It was at least a diplomatic triumph for Henry, because he
had kept the pope from coming to Germany and uniting with his rebellious
nobles, who would have labored hard to secure the permanent deposition
of Henry. The final decision of the matter was indeed left to the pope
and the diet which was to be held in Germany, but the pope did not go to
Germany, and Henry was able to point to the fact that he had received
papal absolution. The oath which Gregory VII required of Henry is given
in no. 81.
Gregory, bishop, servant of the servants of God, to all the archbishops,
bishops, dukes, counts, and other princes of the German kingdom,
defenders of the Christian faith, greeting and apostelic benediction.
Since you have made common cause with us and shared our perils in the
recent controversy, we have thought it only right that you should be
informed of the recent course of events, how king Henry came to Italy to
do penance, and how we were led to grant him absolution.
According to the agreement made with your representatives we had come to
Lombardy and were there awaiting those whom you were to send to escort
us into your land. But after the time set was already passed, we
received word that it was at that time impossible to send an escort,
because of many obstacles that stood in the way, and we were greatly
exercised at this and in grave doubt as to what we ought to do. In the
meantime we learned that the king was approaching. Now before he entered
Italy he had sent to us and had offered to make complete satisfaction
for his fault, promising to reform and henceforth to obey us in all
things, provided we would give him our absolution and blessing. We
hesitated for some time, taking occasion in the course of the
negotiations to reprove him sharply for his former sins. Finally he came
in person to Canossa, where we were staying, bringing with him only a
small retinue and manifesting no hostile intentions. Once arrived, he
presented himself at the gate of the castle, barefoot and clad only in
wretched woollen garments, beseeching us with tears to grant him
absolution and forgiveness. This he continued to do for three days,
until all those about us were moved to compassion at his plight and
interceded for him with tears and prayers. Indeed, they marvelled at our
hardness of heart, some even complaining that our action savored rather
of heartless tyranny than of chastening severity. At length his
persistent declarations of repentance and the supplications of all who
were there with us overcame our reluctance, and we removed the
excommunication from him and received him again into the bosom of the
holy mother church. But first he took the oath which we have subjoined
to this letter, the abbot of Cluny, the countess Matilda, the countess
Adelaide, and many other ecclesiastic and secular princes going surety
for him. Now that this arrangement has been reached to the common
advantage of the church and the empire, we purpose coming to visit you
in your own land as soon as possible. For, as you will perceive from the
conditions stated in the oath, the matter is not to be regarded as
settled until we have held consultation with you. Therefore we urge you
to maintain that fidelity and love of justice which first prompted your
action. We have not bound ourself to anything, except that we assured
the king that he might depend upon us to aid him in everything that
looked to his salvation and honor.
81. The Oath of King Henry.
Cf. reference to no. 80.
See introductory note to no. 80.
I, Henry, king, promise to satisfy the grievances which my archbishops,
bishops, dukes, counts, and other princes of Germany or their followers
may have against me, within the time set by pope Gregory and in
accordance with his conditions. If I am prevented by any sufficient
cause from doing this within that time, I will do it as soon after that
as I may. Further, if pope Gregory shall desire to visit Germany or any
other land, on his journey thither, his sojourn there, and his return
thence, he shall not be molested or placed in danger of captivity by me
or by anyone whom I can control. This shall apply to his escort and
retinue and to all who come and go in his service. Moreover, I will
never enter into any plan for hindering or molesting him, but will aid
him in good faith and to the best of my ability if anyone else opposes
him.
82. Countess Matilda Gives All her Lands to the Church, 1102.
M. G. LL. 4to, IV, 1, p. 654, no. 444.
The countess Matilda supported the papacy in its claims of temporal
sovereignty, and, when she died, left it all her lands. The emperors did
not recognize the validity of the legacy, and declared that she had no
right to give away what belonged to the empire. The quarrel about these
lands was often renewed.
In the name of the holy and undivided Trinity.... In the time of Gregory
VII, in the Lateran palace, in the chapel of the holy cross, in the
presence of [witnesses],... I, Matilda, by the grace of God countess,
for the salvation of my soul and the souls of my parents, gave to the
church of St. Peter and to Gregory VII all my possessions, present and
future, by whatever title I may hold them. I gave all my lands in Italy
and Germany, and I had a document drawn up to that effect. But now the
document has disappeared, and I fear that my gift may be questioned.
Therefore, I, countess Matilda, again give to the church of Rome,
through Bernard, cardinal and legate of the same holy church of Rome,
just as I did in the time of Gregory VII, all my possessions, present
and future, in both Italy and Germany, by whatever right I hold them,
for the salvation of my soul and the souls of my parents. All these
possessions, which belong to me, with all that pertains to them, in all
their entirety, I give to the said church of Rome, and by this deed of
gift I confirm the church in the possession of them. As symbols and
evidences that I have surrendered these lands I have given a knife, a
knotted straw, a glove, a piece of sod, and a twig from a tree....
83. The First Privilege which Paschal II Granted to Henry V, February
12, 1111.
M. G. LL. folio, II, pp. 68 ff; Doeberl, III, no. 20 a.
In the struggle about the election and investiture of bishops, which was
begun by Gregory VII, Henry V pursued the same policy as his father,
Henry IV. He was so vigorous in pushing his claims that Paschal II
(1099-1118) yielded and in 1111 decreed that the high clergy should give
up all their fiefs and temporal offices, and exercise only spiritual
functions. But this action met with a storm of opposition. The bishops
refused to give up their temporal possessions, and resisted with such
determination that Paschal was compelled to cancel his agreement with
Henry V. But the king would not be denied. He brought such pressure to
bear on the pope that he made a complete surrender and granted Henry the
control of the elections of bishops and the unconditional right to
invest them with their office (no. 84).
Paschal, bishop, servant of the servants of God, to his beloved son
Henry, and to his successors forever.
Priests are forbidden by the scriptures and by the canons of the church
to occupy themselves with secular affairs or to attend the public
courts, except in the exercise of their office, such as the saving of
the souls of the condemned or the assisting of the injured. In regard to
this St. Paul says: "If then ye have judgments of things pertaining to
this life, set them to judge who are least esteemed in the church" [1
Cor. 6:4]. But in your kingdom bishops and abbots regularly attend the
courts and perform military service, which duties necessarily bring them
into contact with rapine, sacrilege, and violence. The ministers of the
altar are made ministers of the royal court, and are given cities,
duchies, marks, mints, and other offices to hold and to rule. As a
result an unbearable custom has arisen that bishops elect cannot be
consecrated until they have been invested with office by the king.
Simony and worldly ambition have thereby become so prevalent that men
are sometimes placed in control of the episcopal properties who have not
been elected bishops; and are sometimes invested with them while the
true bishops are still alive. Our predecessors, pope Gregory VII and
pope Urban II, of blessed memory, were impelled by the many evils
resulting from this practice to condemn lay investiture in several
councils, decreeing that those who obtained ecclesiastical offices by
these means should be forced to surrender them and that those who
conferred the investiture should be excommunicated. This was based on
the chapter of the apostolic canons which reads: "If a bishop makes use
of the secular powers to obtain a diocese, he shall be deposed and those
who supported him shall be cast out of the church." [See no. 33.]
Following their example, we have confirmed the present decree, which has
been passed by a council of bishops.
All the royal offices and benefices which belonged to the empire in the
time of the emperors Karl, Ludwig, and your other predecessors, and
which are now held by the church, we order to be restored to you. We
forbid any bishop or abbot, under pain of anathema, to hold any of these
regalia; that is, cities, duchies, marks, counties; rights of minting,
markets, or tolls; offices of advocate or hundred-man; estates which
belong to the empire, with any of their appurtenances, the right to hold
castles or to do military service. They shall not henceforth have
anything to do with these regalia, except at the request of the king.
And our successors are forbidden to disturb this arrangement or to
molest you or any of your kingdom in the peaceful possession of the
regalia.
On the other hand, we decree that the churches shall have absolute
control of their free-will offerings and their private possessions,
which is in keeping with the promise which you made in your coronation
oath.
For it is necessary that the bishops be free from secular duties that
they may give their time to the care of their flocks, and not be too
long absent from their churches; as St. Paul says of the bishops: "They
watch for your souls, as they that must give account" [Heb. 13:17].
84. The Second Privilege which Paschal II Granted to Henry V, April 12,
1111.
M. G. LL. folio, II, pp. 72 ff; Doeberl, III, no. 20 b.
See introductory note to no. 83.
Paschal, bishop, servant of the servants of God, to his beloved son,
Henry, by the grace of God king of the Germans and emperor of the
Romans, Augustus, greeting and apostolic benediction. It is the will of
God that your kingdom should be closely bound to the holy Roman church.
Your predecessors obtained the crown and empire of the Roman world
because of their wisdom and virtue; you also have been exalted to that
dignity by the will of God working through us. And so we confer upon you
the prerogatives which our predecessors granted to former emperors. By
this document we concede to you the right of investing the bishops and
abbots of your kingdom with the ring and the staff, if their election
has been conducted canonically and without simony or other illegality.
After their investiture they are to be consecrated in due canonical form
by their bishops. If the clergy and people elect a bishop or an abbot
without first gaining your consent, he shall not be consecrated until
you have invested him with his office. The right of consecrating such
bishops and abbots as have received investiture from you shall belong to
the archbishops and bishops of your kingdom. For your predecessors
endowed the churches of their realm with so many benefices from their
own lands and offices that it became necessary for them to control the
elections of bishops and abbots, and to put down the popular
disturbances that frequently arose in these elections.
As a result of this concession you ought to be the more zealous in the
defence and in the enrichment of the church of Rome and the other
churches of God. If any person, ecclesiastic or layman, shall knowingly
violate this decree, he shall be accursed and deprived of his office and
rank. But may God reward those who keep it, and grant that you may rule
happily to his honor and glory. Amen.
85-86. Concordat of Worms, 1122.
85. The Promise of Calixtus II.
M. G. LL. folio, II, pp. 75 ff; Doeberl, III, no. 21 a.
The victory won by Henry V over Paschal II (no. 84) was of short
duration because the Cluniac party refused to submit. They renewed the
struggle with great bitterness. The contest lasted to 1122, when a
compromise was agreed upon. In general it may be said that the
compromise was a sensible one, in that the king was recognized as having
the right to invest the bishops with their fiefs and secular authority,
while the pope was to invest them with their spiritual office and
authority. This settlement of the principle did not entirely end the
struggle, because, in the first place, neither party observed it
perfectly, and, besides, it occasionally happened that there was some
doubt as to how the principle was to be applied.
Calixtus, bishop, servant of the servants of God, to his beloved son,
Henry, by the grace of God emperor of the Romans, Augustus.
We hereby grant that in Germany the elections of the bishops and abbots
who hold directly from the crown shall be held in your presence, such
elections to be conducted canonically and without simony or other
illegality. In the case of disputed elections you shall have the right
to decide between the parties, after consulting with the archbishop of
the province and his fellow-bishops. You shall confer the regalia of the
office upon the bishop or abbot elect by giving him the sceptre, and
this shall be done freely without exacting any payment from him; the
bishop or abbot elect on his part shall perform all the duties that go
with the holding of the regalia.
In other parts of the empire the bishops shall receive the regalia from
you in the same manner within six months of their consecration, and
shall in like manner perform all the duties that go with them. The
undoubted rights of the Roman church, however, are not to be regarded as
prejudiced by this concession. If at any time you shall have occasion to
complain of the carrying out of these provisions, I will undertake to
satisfy your grievances as far as shall be consistent with my office.
Finally, I hereby make a true and lasting peace with you and with all of
your followers, including those who supported you in the recent
controversy.
86. The Promise of Henry V.
M. G. LL. folio, II, p. 76; Doeberl, III, no. 21 b.
In the name of the holy and undivided Trinity.
For the love of God and his holy church and of pope Calixtus, and for
the salvation of my soul, I, Henry, by the grace of God, emperor of the
Romans, Augustus, hereby surrender to God and his apostles, Sts. Peter
and Paul, and to the holy Catholic church, all investiture by ring and
staff. I agree that elections and consecrations shall be conducted
canonically and shall be free from all interference. I surrender also
the possessions and regalia of St. Peter which have been seized by me
during this quarrel, or by my father in his lifetime, and which are now
in my possession, and I promise to aid the church to recover such as are
held by any other persons. I restore also the possessions of all other
churches and princes, clerical or secular, which have been taken away
during the course of this quarrel, which I have, and promise to aid them
to recover such as are held by any other persons.
Finally, I make true and lasting peace with pope Calixtus and with the
holy Roman church and with all who are or have ever been of his party. I
will aid the Roman church whenever my help is asked, and will do justice
in all matters in regard to which the church may have occasion to make
complaint.
All these things have been done with the consent and advice of the
princes whose names are written below: Adelbert, archbishop of Mainz;
Frederick, archbishop of Cologne, etc.
87. Election Notice, 1125.
Jaffé, V, pp. 396 ff; Doeberl, IV, no. 1.
On the death of a king of Germany, it was the duty of the archbishop of
Mainz, as archchancellor of Germany, to call a diet for the purpose of
electing his successor. He did this by writing a letter in practically
the same terms to each of the important men of the kingdom who were
members of the diet. These letters were then delivered by special
messengers. The diet which met in response to this call in 1125 elected
Lothar of Saxony. The tone of the letter reveals the fact that Adelbert
of Mainz was inclined rather to the side of the pope. The "yoke of
servitude" which was oppressing the church was the imperial control
which Henry V had exercised over the ecclesiastical elections.
Adelbert, archbishop of Mainz; Frederick, archbishop of Cologne;
Udalric, bishop of Constance; Buco, bishop of Worms; Arnold, bishop of
Speier; Udalric, abbot of Fulda; Henry, duke of Bavaria; Frederick, duke
of Suabia; Godfrey, count palatine; Berengar, count of Sulzbach, along
with the other princes, ecclesiastical and secular, who were present at
the funeral of the late emperor, send their greeting and most faithful
services to their venerable brother, Otto, bishop of Bamberg.
After the burial of our late lord and emperor, we who were there present
thought it expedient to counsel together in regard to the condition of
the state. We were unwilling to make any definite plans, however,
without your presence and advice, and so we determined to call a diet to
meet at Mainz on St. Bartholomew's Day [August 25], hoping that this
decision would meet your approval. It is our thought that the princes
should meet then and take the necessary action in regard to the serious
problems that confront us: the general state of the kingdom, the
question of a successor, and other matters. In thus calling a diet
without first gaining your approval, we have not meant to infringe in
any way upon your rights or to arrogate to ourselves any peculiar
authority in this matter. We ask you to bear in mind the oppression of
the church in these days and to pray earnestly that in the providence of
God this election may result in the freeing of the church from its yoke
of servitude and in the establishing of peace for us and for our people.
You are instructed to declare a special peace for your lands, to be kept
during the time of the diet and four weeks thereafter, so that all may
come and return in perfect security; and to come to the diet yourself in
the customary manner, that is, at your own expense and without
inflicting any burden upon the poor of the realm.
88. Anaclete II Gives Roger the Title of King of Sicily, 1130.
Watterich, Pont. Rom. Vitæ, II, pp. 193 ff; Doeberl, IV, no. 4.
The Norman adventurers in southern Italy were successful beyond all
expectation. In 1059 Nicholas II made a duke of Roger Guiscard (see no.
58). He and his successors labored hard to advance the interests of
their family, and in 1130 Roger, duke of Sicily, had the satisfaction of
receiving the royal title from Anaclete II. There had been a disputed
papal election that year, and Anaclete II, one of the rival claimants,
needed all the help he could get. So he bought the support of Roger,
giving him in return the title of king.
It is fitting that the pope should generously reward those that love the
Roman church. And so, because of the labors and services of your father
and mother, and because of your own efforts in behalf of the church, we
have given and granted to you, Robert, by the grace of God duke of
Sicily, and to your son Robert and your other children and heirs, the
crown of Sicily, Apulia, and Calabria, and of all the lands given by us
or our predecessors to your ancestors, Robert Guiscard and Robert his
son, dukes of Apulia. You shall have and hold this kingdom, which shall
take its name from the island of Sicily, with all the royal authority
and dignity forever. We also grant that you and your heirs may be
anointed and crowned by the archbishops of your lands whom you choose
for that purpose, assisted by such bishops as you may desire. We hereby
renew all gifts, concessions, and authority conferred upon you and upon
your predecessors, Robert Guiscard, Robert his son, and William, dukes
of Apulia, to be held and possessed by you forever. We give and grant to
you and to your heirs the principality of Capua in its full extent as
held now or in the past by the prince of Capua; we confer upon you the
lordship over Naples and its dependencies, and the right to demand aid
from the inhabitants of Benevento against your enemies. At your request
we also grant to the archbishop of Palermo and to his successors the
right to consecrate the three bishops of Syracuse, Girgenti, and
Catania, on the condition that the authority and possessions of these
churches shall not be in any way diminished by the archbishop and the
church of Palermo. We reserve our decision as to the consecration of the
other two bishops of Sicily for more mature deliberation. We have
granted all the above concessions on the condition that you and your
heirs take the oath of fidelity to us and to our successors at a place
agreed upon by both parties, and that you and your heirs shall pay a tax
of 600 "schifates" [a gold coin] a year to the Roman church upon
demand....
89. The Coronation Oath of Lothar II, June 4, 1133.
M. G. LL. folio, II, pp. 82 ff; Doeberl, IV, no. 6 a.
Every king, on his coronation as emperor, was required to take an oath
to the pope, the character of which may be seen from the oath of Lothar.
This is the oath which king Lothar swore to pope Innocent in the time of
the schism of the son of Pierreleone. The oath was taken by Lothar on
the day of his imperial coronation before he received the crown, and was
administered by Cencio Frangipani in the presence of the Roman nobles,
before the basilica of the Holy Saviour, which is also called the
basilica of Constantine.
I, king Lothar, promise and swear to you, pope Innocent, that I will
never injure you or your successors in any way or place you in danger of
captivity. I further promise to defend the honor of the papacy, and to
restore the regalia of St. Peter which I may have in my possession, and
to aid you in recovering such as may be held by any other persons.
90. Innocent II Grants the Lands of the Countess Matilda as a Fief to
Lothar II, 1133.
Theiner, Cod. Dom. Temp., I, 12; Doeberl, IV, no. 6 c.
Matilda, countess of Tuscany, espoused the cause of the pope, and, on
her death, willed all her lands to him. The emperor refused to
acknowledge the validity of this will, declaring that her holdings were
feudal, and hence must revert to the crown, because they could not be
disposed of without imperial consent. [See no. 82.] Lothar here gives up
the imperial claim to them and yields them to the pope, but receives
them back as a fief. The question was not thereby settled forever,
because later emperors refused to be bound by the action of Lothar, and
renewed the imperial pretensions. These lands were a fruitful source of
contention between the popes and the emperors. This document, as here
given, is probably an abstract of two documents, (1) the one by which
the lands were conferred on Lothar, and (2) that by which they were
later transferred to Lothar's son-in-law, Henry, duke of Bavaria.
(The document begins with a general exordium, setting forth the common
interests of papacy and empire, recalling the services of Lothar in
behalf of the church, and stating the obligation of the pope to reward
such services.)
It is on these considerations, therefore, that we now grant you by our
apostolic authority the allodial lands which the countess Matilda
formerly gave to St. Peter. In the presence of our brothers, the
archbishops, bishops, and abbots, and princes and barons, we now confer
them upon you by the investiture of the ring, on the following
conditions: you shall pay 100 pounds of silver annually to us and to our
successors; after your death the property shall revert unimpaired and
without hindrance to the possession of the holy Roman church; we and our
brothers shall always have safe-conduct and suitable entertainment
whenever we pass through or visit the land; and, finally, your
representative in the government of the land shall take an oath of
fidelity to St. Peter and to the pope.
Because of our love for you we graciously concede this land on the same
conditions to your son-in-law, Henry, duke of Bavaria, and his wife,
your daughter. It is further stipulated that the duke shall do homage to
us and take an oath of fidelity to St. Peter and to the pope; and that
after their death the land shall revert to the possession of the Roman
church, as said above. In all this there shall be no derogation of the
rights and ultimate ownership of the holy Roman church.
91. Letter of Bernard of Clairvaux to Lothar II, 1134.
Migne, 182, cols. 293 ff; Doeberl, IV, no. 7.
In 1130 there was a disputed papal election. Innocent II, on being
driven from Rome by his rival, Anaclete II, went to France, where he
enlisted Bernard of Clairvaux in his favor. Through the efforts of
Bernard the kings of France and Germany were persuaded to support him.
Lothar led an army into Italy, established Innocent in Rome, and
received the imperial crown. He failed, however, to conquer Roger, who
had been made king of Sicily by the antipope, Anaclete II (see no. 88).
Bernard wrote this letter to congratulate Lothar on his success in
Italy, to urge him to renew the war on Roger because he was still
supporting the antipope, and to rebuke Lothar for opposing some decision
of the pope in regard to a trouble that had arisen in the church at
Toul.
To Lothar, by the grace of God emperor of the Romans, Augustus, Bernard,
called abbot of Clairvaux, sends his blessing, if the prayer of a sinner
is of any avail.
Blessed be God, who has chosen you and exalted you for a horn of
salvation unto us, to the glory of his name, the restoration of the
empire, the preservation of his church in this evil time, and the
working of his salvation in the midst of the earth. For it is by his
will that you are daily growing in strength, in honor, and in glory. And
when you recently undertook the hazardous expedition to Rome to secure
the peace of the empire and the liberty of the church, it was by his aid
that you were able to carry it through successfully, obtaining the crown
of the empire without the aid of a large army. But if the earth trembled
and was silent before that little band, think what great terror will
strike the hearts of the enemy when the king shall proceed against him
in the greatness of his power. Moreover, the justice of your cause, nay,
more, a double necessity, will inspire you. It is not my duty to incite
princes to war; but it is the duty of the defender of the church to ward
off all danger of schism; it is the duty of the emperor to recover his
crown from the Sicilian usurper. Just as that Jew [that is, Anaclete II]
rebelled against Christ when he seized the papal chair, so anyone who
would make himself king in Sicily rebels against Cæsar.
But if we are commanded to render unto Cæsar the things which are
Cæsar's and unto God the things which are God's, why is it that you have
permitted the church of God in Toul to be robbed, especially as Cæsar
profits not thereby? ... For it is said that you have interfered with
the pope in his efforts to bring the oppressors of that church to
justice. I beseech you to act more circumspectly and to recall your
intercession and let justice take its course, before that church be
destroyed to its foundations. I am a poor person, but a faithful
subject, and if I seem importunate it is because of my fidelity. Greet
my lady the empress for me in the love of Christ.
92. Letter of Bernard to Conrad III, 1140.
Migne, 182, no. 183; Doeberl, IV, no. 11.
Because Roger of Sicily had supported the antipope, Bernard had urged
Lothar to make war on him. [See no. 91.] But Innocent had, in the
meantime, without consulting the emperor, made a treaty with Roger and
won his support by also granting him the royal title (1139). Conrad III
was offended by this and protested against it. Conrad declared that the
kingdom which Roger held, that is, Sicily and southern Italy, was a part
of the empire, and therefore the pope had no right to recognize Roger as
king there. Conrad regarded Roger as a usurper. He wrote a letter to
Bernard complaining of the action of the pope. But Bernard had changed
his sentiments since Roger had espoused the cause of Innocent and had
received papal confirmation. In a somewhat curt manner he tells Conrad
to obey the pope.
I, unworthy person that I am, have received your letter and greeting
with gratitude and devotion. The complaints of the king are ours also,
especially in regard to the usurpation of the Sicilian.
I have never desired the disgrace of the king nor the diminution of his
realm; my soul hates such as do desire these things. But I read: "Let
every soul be subject unto the higher powers; whosoever resisteth the
power, resisteth the ordinance of God" [Rom. 13:1, 2]. Hearken to this
admonition, I pray you, and show such reverence to St. Peter and to his
vicar as you wish to be shown to you by the whole empire. There are
certain other matters which I have thought better not to put in writing;
perhaps it would be better to speak of them to you personally when I see
you.
93. Letter of Conrad III to the Greek Emperor, John Comnenus, 1142.
Otto Fris. Gesta Frid., I, c. 25; M. G. SS. folio, XX; Doeberl, IV, no.
12.
Although the German and Greek emperors had not adjusted their
conflicting claims to southern Italy and Sicily (see no. 58,
introductory note), they were agreed in regarding the Normans as
usurpers and a common enemy. In order to destroy them the emperors
determined to make common cause against them, as is apparent from the
following letter. John Comnenus, wishing to strengthen the alliance with
Conrad, asked him to choose some German princess for his son, Manuel.
Conrad chose his sister-in-law, Bertha von Sulzbach, who, at the time of
her marriage with Manuel, assumed the name Irene.
Conrad, by the grace of God emperor of the Romans, Augustus, to John, by
the same grace emperor of Constantinople, greeting and fraternal love.
As our predecessors, the Roman emperors, made friendship with your
predecessors and established the honor and glory of the kingdom of the
Greeks, we desire to do the same; and as they defended it, so we will
defend it. It is known of all men that your new Rome [Constantinople] is
the daughter of our Rome, the root from which have come your branches
and fruits. Therefore we are determined to maintain toward you the
attitude of a kind mother to her daughter, all the more that we perceive
in you a desire to act as a dutiful daughter. We two should have the
same interests, the same friends, and the same enemies, on land and sea.
Anyone who fails to honor the daughter shall have occasion to know and
fear the strength of the mother, be he Norman or Sicilian, or any other.
For we have not forgotten the attacks which our enemy has made upon our
own empire. With the help of God, we shall repay to every one according
to the measure of his guilt. Then the whole world shall see how easily
those who have dared to rebel against us both are overwhelmed and cast
down; for if we cut his wings, we shall, as it were, take the enemy
flying, and cut out of his heart that arrogance which has caused him to
revolt against us. It is our firm purpose to maintain friendly relations
toward you, and we are sure you hold the same purpose toward us, all the
more now that we are bound together by the approaching marriage of your
son and the sister of our wife, the empress....
94. Letter of Wibald, Abbot of Stablo, to Eugene III, 1159.
Jaffé, I, p. 372; Doeberl, IV, no. 24 a.
The following letter shows (1) the mismanagement of the affairs of a
great monastery, (2) the troubles which might arise in connection with
the election of an abbot, (3) the influence which Conrad III exercised
on such elections, and (4) the method of procedure in elections. It will
be remembered that the concordat of Worms was now in force.
To his reverend father and lord, pope Eugene, Wibald [abbot of Stablo],
sends his reverence and respect.
Our beloved brother Henry, abbot of Hersfeld, who had also been placed
in charge of the abbey of Fulda, was called from this earth by God soon
after our lord Conrad returned from his expedition to Jerusalem. The
king was prevented from immediately settling the affairs of the
monastery of Fulda by the evil state into which its affairs had fallen
and by the violence of party strife within it. This delay was
unfortunate, because the king was not able either to recover its
possessions which had been squandered or to provide for the performance
of the spiritual functions of the church, that is, the care of souls.
Therefore we and our brothers, the abbot of Eberach and other clergymen,
urged upon him the necessity of settling its affairs as soon as
possible. Finally he came to Fulda on the 5th of April and held a diet
there, which was attended by your venerable sons, the archbishop of
Bremen, and the bishops of Würzburg and Halberstadt, and many secular
princes and nobles. Among other things, the king sought their advice in
regard to the affairs of Fulda, seeking to reach a settlement by which
he might render unto God the things which are God's and unto Cæsar the
things which are Cæsar's. After a long and fruitless debate ... the king
said that a certain man had been suggested to him as being of good
character and holy reputation. This man, it was said, had been
successful in the administration of a small monastery, which had
prospered under his rule both spiritually and materially, and there was
no reason for doubting that he was well fitted by his zeal and ability
to govern the monastery of Fulda. If they voted to elect this man, he
was sure that the monastery would recover its former honor and dignity
under his wise and mild administration. All those present were delighted
with this speech, as showing the interest of the king in the welfare of
the church, and the matter was reported by some of us to those who had
the authority to elect the abbot. They in turn were rejoiced at this
turn of the affair and begged to be told the name of the man. And when
it was told to them they proceeded to elect him as their abbot. This man
is Mainward, abbot of Deggingen, ... who has ruled that monastery for
eight years and has been very successful in his administration. We
beseech you to confirm his election, for he is recommended by those who
know him best, and his election took place without his knowledge, and
indeed against his will. We believe that by confirming his election and
giving him your benediction you will do much to heal the wounds of the
distressed congregation of Fulda. We ourselves bear witness that all the
brothers of the congregation have promised obedience and devotion to
their abbot elect.
May God keep you safe and unharmed to rule his holy church.
95. Letter of Frederick I to Eugene III, Announcing his Election, 1152.
Jaffé, I, Wibaldi Epp., no. 372; Doeberl, IV, no. 25 a.
During the Middle Age there were many constitutional questions which had
not been decided. On many points no theory had been formulated, and the
practice varied. Thus it had not been clearly determined how far the
pope might control the election of the German king. In 1125 Lothar had
asked the pope to confirm his election; Frederick I merely informs the
pope of his election and tells him the policy which he intends to
pursue. Eugene III "approves" his election, but does not use the more
technical word, "confirm."
To his most beloved father in Christ, Eugene, pope of the holy Roman
church, Frederick, by the grace of God king of the Romans, Augustus,
[sends] filial love and reverence.
... Following the custom of the Roman emperors, we have sent to you as
ambassadors, Eberhard, venerable bishop of Bamberg, Hillo, bishop elect
of Trier, and Adam, abbot of Eberach, to notify you of our election and
of the condition of the church and the realm.
After the death of Conrad, king of the Romans, all the princes of the
kingdom came together at Frankfurt, and on the day of their assembling
elected us king. The princes displayed complete harmony in this election
and the people received it with the greatest approval and delight. Five
days later, just after the middle of Lent, we were anointed at Aachen by
your beloved sons, the archbishop of Cologne, and other venerable
bishops, and were raised to the throne with their solemn benediction.
And now that we have been invested with the royal authority and dignity
by the homage of the secular princes and the benediction of the bishops,
we intend to assume the royal character, as set forth in our coronation
oath; namely, to love and honor the pope, to defend the holy Roman
church and all ecclesiastical persons, to maintain peace and order, and
to protect the widows and the fatherless and all the people committed to
our care. God has established two powers by which this world should be
ruled, the papacy and the empire; therefore we are prepared to obey the
priests of Christ, in order that, through our zeal, the word of God may
prevail during our time, and that no one may disobey with impunity the
laws of the holy fathers or the decrees of the councils, and that the
church may enjoy her ancient honor and dignity and the empire be
restored to its former strength. We know that you were greatly
distressed at the death of our uncle and predecessor Conrad, but we
assure you, beloved father, that we have succeeded him not only in the
kingdom, but also in the love which he bore you. We undertake his work
of defending the holy Roman church, and we intend to carry on the plans
which he made for the honor and liberty of the apostolic see. Your
enemies shall be our enemies, and those that hate you shall suffer our
displeasure.
96. Answer of Eugene III, May 17, 1152.
Jaffé, I, Wibaldi Epp., no. 382; Doeberl, IV, no. 25 e.
See introductory note to no. 95.
Eugene, bishop, servant of the servants of God, to his beloved son in
Christ, Frederick, illustrious king of the Romans, greeting and
apostolic benediction.
We have received the messengers and the letter which you sent to inform
us of your election by the unanimous vote of the princes.... We give
thanks unto God, from whom cometh every good and perfect gift, for this
good news, and we heartily approve your election. We are confident that
you intend to take upon yourself the fulfilment of the promise which
your uncle and predecessor, Conrad, gave to us and to the holy Roman
church. We, on our part, shall labor for your advancement and
exaltation, as is the duty of our office. We have sent you an
ambassador, who will disclose to you our purpose and intention. In the
meantime, we admonish you to bear in mind your oath to defend the church
and the clergy of God, to keep peace and order, and to protect the
widows and the fatherless, and all your people, that those who obey you
and trust in you may rejoice, and that you may win glory with men and
eternal life with the king of kings.
97. Treaty of Constance, 1153.
Jaffé, I, Wibaldi Epp., no. 417; Doeberl, IV, no. 27 a.
The situation of the pope was precarious. In the first place, the Romans
had rebelled against him and his rule, and had set up a government of
their own. Since 1143 he had been compelled to spend most of his time
outside of the city. In the second place, Roger of Sicily was in
rebellion against him and threatened the papal lands with invasion from
the south. And lastly, the Greek emperor was now following a vigorous
policy to secure land in Italy. The pope was in sore need of help,
especially against the Romans and Normans. Hence he insisted that
Frederick should promise to aid him, as well as not to make peace with
his enemies without papal consent. Frederick wished the imperial crown,
and the papal blessing and support. He was planning the conquest of the
Normans, whose territory he regarded as a part of the empire. But in
this agreement it will be observed that nothing is said about who owns
Sicily and southern Italy, nor is it stipulated that the pope shall not
make terms with the Normans without the emperor's consent. Frederick
feared that the pope, who wished to gain control of the Greek church,
might make terms with the Greek emperor and help him in his efforts to
regain a foothold in Italy.
In the name of the Lord, amen. This is a copy of the agreement and
convention made between the pope, Eugene III, and Frederick, king of the
Romans, by their representatives; on the part of the pope: cardinals
Gregory of Santa Maria in Trastevere, Ubald of San Prassede, Bernard of
San Clemente, Octavian of Santa Cecilia, Roland of San Marco, Gregory of
Sant Angelo, Guido of Santa Maria in porticu, and Bruno, abbot of
Chiaravalle; on the part of the king: Anselm, bishop of Havelberg;
Hermann, bishop of Constance; Udalrich, count of Lenzburg; Guido, count
of Guerra, and Guido, count of Bianderati.
The king will have one of his ministerials to swear for him that he will
not make a peace or a truce either with the Romans or with Roger of
Sicily without the consent of the pope. The king will use all the power
of his realm to reduce the Romans to subjection to the pope and the
Roman church. He will protect the honor of the papacy and the regalia of
St. Peter against all men to the best of his ability, and he will aid
the church in recovering what she has lost. He will never grant any land
in Italy to the king of the Greeks, and will use all his power in
keeping him out. All these things the king promises to observe and to do
in good faith.
The pope, on his part, promises on his apostolic faith, with the consent
of the cardinals, that he will ever honor the king as the most dearly
beloved son of St. Peter, and that he will give him the imperial crown
whenever he shall come to Italy for it. He will aid the king in
maintaining and increasing the honor of his realm, as his office
demands. If anyone attacks the honor or the authority of the king, the
pope at the request of the king will warn him to make satisfaction, and
will excommunicate him if he refuses to heed the warning. The pope will
not grant any land in Italy to the king of the Greeks, and will use all
the resources of St. Peter to drive him out if he invades that land. All
these things shall be observed in good faith by both parties, unless
they are changed by mutual consent.
98. The Stirrup Episode, 1155.
Watterich, Pont. Rom. Vitæ, II, pp. 327 ff.
This account of the stirrup episode illustrates the growing pretensions
of the papacy, the temper of both Frederick I and the new pope, Adrian
IV, and the importance which the Middle Age attached to matters of
ceremony.
The king [Frederick] advanced with his army to the neighborhood of Sutri
and encamped in Campo Grasso. The pope, however, came to Nepi, and on
the day after his arrival was met there by many of the German princes
and a great concourse of clergy and laymen, and conducted with his
bishops and cardinals to the tent of the king. But when the cardinals
who came with the pope saw that the king did not come forward to act as
the esquire of the pope [_i.e._, to hold his stirrup while he
dismounted], they were greatly disturbed and terrified, and retreated to
Civita Castellana, leaving the pope before the tent of the king. And the
pope, distressed and uncertain what he should do, sadly dismounted and
sat down on the seat which had been prepared for him. Then the king
prostrated himself before the pope, kissing his feet and presenting
himself for the kiss of peace. But the pope said: "You have refused to
pay me the due and accustomed honor which your predecessors, the
orthodox emperors, have always paid to my predecessors, the Roman popes,
out of reverence for the apostles, Peter and Paul; therefore I will not
give you the kiss of peace until you have made satisfaction." The king,
however, replied that he was not under obligations to perform the
service. The whole of the following day was spent in the discussion of
this point, the army in the meantime remaining there. And after the
testimony of the older princes had been taken, especially of those who
had been present at the meeting of king Lothar and pope Innocent (II),
and the ancient practice had been determined, the princes and the royal
court decided that the king ought to act as the esquire of the pope and
hold his stirrup, out of reverence for the apostles, Peter and Paul. On
the next day the camp of the king was moved to the territory of Nepi, on
the shores of lake Janula, and there king Frederick, in accordance with
the decision of the princes, advanced to meet the pope, who was
approaching by another way. And when the pope came within about a
stone's throw from the emperor, the emperor dismounted and proceeded on
foot to meet the pope, and there in the sight of his army he acted as
the pope's esquire, holding his stirrup for him to dismount. Then the
pope gave him the kiss of peace.
99. Treaty between Adrian IV and William of Sicily, 1156.
Watterich, Pont. Rom. Vitæ, II, pp. 352 ff; Doeberl, IV, no. 34.
By this document the long struggle between the popes and the kings of
Sicily was brought to an end. The terms of the treaty were very
favorable to the pope, but William retained as privileges certain things
which were in other countries generally regarded as belonging to the
pope. For the effects of this treaty on the relations between Adrian IV
and Frederick I, see no. 100, introductory note.
In the name of the Lord, the eternal God, and of our Saviour, Jesus
Christ, amen. To Adrian, by the grace of God, pope of the holy Roman
church, his most beloved lord and father, and to his successors,
William, by the same grace king of Sicily, duke of Apulia, and prince of
Capua.
(Introduction reviewing the differences between the pope and the king
of Sicily, and relating the course of the negotiations.)
We agree, therefore, to this treaty of peace as drawn up by the
representatives of both of us.
1. Concerning appeals to the pope. In Apulia and its dependencies and in
Calabria, appeals in ecclesiastical matters which cannot be settled by
the regular ecclesiastics of those lands may be made freely to Rome. If
it seems advantageous or necessary to transfer priests from one church
to another, this may be done with the consent of the pope. The Roman
church shall have the right to consecrate and to make visitations
throughout our whole realm. The Roman church shall have the right to
hold councils in any of the cities of Apulia or its dependencies or
Calabria, except that a council may not be held in any city in which the
king is staying, without his consent. The Roman church shall have the
right to send its legates into Apulia and its dependencies and into
Calabria, but those legates shall not waste the possessions of the
churches to which they are sent. The Roman church shall have the same
right of consecration and visitation in the island of Sicily.... The
Roman church shall have in Sicily all the rights which it has in other
parts of our kingdom, except the right of hearing appeals and sending
legates, which shall be exercised only at the request of the king.
2. Concerning those churches and monasteries which have been in dispute
between us. You and your successors shall have in them the rights which
you exercise in other churches of our lands, which are accustomed to
receive their consecration and benediction from the Roman church, and
these churches shall pay the legal taxes to the Roman see.
3. Concerning elections. The clergy shall elect a suitable person,
keeping his name secret until they have notified you. The name shall
then be reported to us, and we will give our consent to the election,
unless the person is one of our enemies or a traitor, or for some other
good reason is displeasing to us.
4. You shall confer upon us and upon our son Roger, and our heirs, the
kingdom of Sicily, the duchy of Apulia, and the principality of Capua,
with all the lands which belong to them as follows: Naples, Salerno, and
Amalfi, with their dependencies; Marsia and all that we hold beyond
Marsia; and all the other possessions which we now hold, or which have
been held by our predecessors. You promise, moreover, to aid us in good
faith to hold them against all men.
5. In consideration of these concessions, we have taken the oath of
fidelity to you and to your successors and to the Roman church, and the
oath of liege homage to you. Two copies of this oath have been made, one
of which has been signed and sealed by us and given into your keeping,
and the other sealed by you and given to us. We agree also to pay an
annual tribute of 600 "schifates" for Apulia and Calabria, and 500 from
Marsia.... You agree to grant all these things also to our heirs and
successors, on condition that they do homage to you and your successors,
and keep the promises which we have made to you....
100-102. The Besançon Episode, 1157.
100. Letter of Adrian IV To Frederick, September 20, 1157.
Ragewin, Gesta Friderici, III, ch. 9; M. G. SS. folio, XX; Doeberl, IV,
no. 35a.
Frederick I had been deeply offended by the treaty which Adrian IV made
with William of Sicily (no. 99), because it had been made without his
consent, and without in any way considering the claims which the emperor
laid to Sicily. In making the treaty of Constance (no. 97) Frederick had
undoubtedly been outwitted by the papal diplomacy. He had been led to
promise not to make peace with the Normans without the consent of the
pope. He apparently took it for granted that the pope was bound in the
same way not to make peace with the Normans without the imperial
consent, although it was not stipulated in the agreement. While
Frederick had promised certain definite things, the pope's promise was
couched in general terms. He had promised to "aid the king in
maintaining and increasing the honor of his realm as his office demands.
If anyone attacks the honor or the authority of the king, the pope will
warn him to make satisfaction," etc. The pope denied that William of
Sicily was "attacking the honor or authority of the king" because the
lands which William held did not belong to Frederick; they were the
property of the pope himself, and therefore he might make terms with
William without consulting Frederick. Frederick complained that the pope
had acted in bad faith in making peace with William, and that he had
broken the treaty of Constance. The pope, however, maintained that he
had in no way infringed the treaty, and that Frederick had no grounds
for complaint. This is the general background for the Besançon episode,
the chief features of which will be clear from the following documents.
Adrian, bishop, servant of the servants of God, to his beloved son
Frederick, illustrious emperor of the Romans, greeting and apostolic
benediction. We wrote to you a few days ago recalling to your mind that
execrable crime which was recently committed in Germany and expressing
our grief that you had allowed it to go unpunished. For our venerable
brother, Eskil, archbishop of Lund, on his return from the apostolic
seat, was seized and made captive in your land by certain impious and
wicked persons, who even threatened him and his companions with drawn
swords and subjected them to dishonor and indignity.
Not only are these facts well known to you, but the report of them has
spread to the most distant regions. It was your duty to avenge this
wicked deed and to draw against its perpetrators the sword intrusted to
you by God for the punishing of evil-doers and the protection of good
men. But it is reported that you have palliated this offence and allowed
it to go unpunished, so that those who committed the sacrilege are
unrepentant and believe that they have done this with impunity. We are
entirely at a loss to understand this negligence of yours, for our
conscience does not accuse us of having offended you in any way. Indeed
we have always regarded you as our most beloved son and as a Christian
prince established by the grace of God upon the rock of the apostolic
confession. We have loved you with sincere affection and have always
treated you with the greatest kindness. You should remember, most
glorious son, how graciously your mother, the holy Roman church,
received you last year, how kindly she treated you, and how gladly she
conferred upon you the imperial crown, the highest mark of dignity and
honor; how she has always fostered you on her kindly bosom, and has
always striven to do only what would be pleasing and advantageous to
you. We do not regret having granted the desires of your heart; nay, we
would be glad to confer even greater benefits (_beneficia_) upon you, if
that were possible, because of the advantage and profit that you would
be able to confer upon the church of God and upon us. But the fact that
you have allowed this terrible deed, which is an offence against the
church and the empire, to go unpunished has made us fear that you have
been led by evil counsellors to imagine that you have some grievance
against your mother, the holy Roman church, and against us. In regard to
this matter and other important affairs, we have sent you these legates,
two of the best and dearest of those about us, namely, our beloved sons,
Bernard, cardinal priest of Santa Clara, and Roland, chancellor and
cardinal priest of San Marco, men conspicuous for their piety, wisdom,
and honesty. We beseech you to receive them honorably and kindly, to
treat them justly, and to give full credence to the proposals which they
make, as if we were speaking in person.
101. Manifesto of the Emperor, October, 1157.
Ragewin, Gesta Friderici, III, ch. 11; M. G. SS. folio, xx; Doeberl,
IV, no. 35 b.
God, from whom proceeds all authority in heaven and in earth, has
intrusted the kingdom and the empire to us, his anointed, and has
ordained that the peace of the church be preserved by the imperial arms.
Therefore it is with great sorrow that we are forced to complain to you
of the head of the church which Christ intended should reflect his
character of charity and love of peace. For the actions of the pope
threaten to produce such evils and dissensions as will corrupt the whole
church and destroy its unity, and bring about strife between the empire
and the papacy, unless God should intervene. These are the
circumstances: We held a diet at Besançon for the purpose of considering
certain matters which concerned the honor of the empire and the security
of the church. At that diet legates of the pope arrived, saying that
they came on a mission that would redound greatly to the honor and
advantage of the empire. We gave them an honorable reception on the
first day of their arrival, and on the second day, as is the custom, we
called together all the princes to listen to their message.... Then they
delivered their message in the form of a letter from the pope, of which
the general tenor was as follows: the pope had conferred the imperial
crown upon us and was willing to grant us even greater fiefs
(_beneficia_). This was the message of fraternal love which was to
further the union of the church and the empire, and bind them together
in the bonds of peace, and to inspire the hearts of its hearers with
love and fidelity for both rulers! Not only were we, as emperor,
incensed by this false and lying statement, but all the princes who were
present were so enraged that they would undoubtedly have condemned the
two priests to death off-hand had they not been restrained by our
presence. Moreover, we found in their possession many copies of that
letter, and blank forms sealed by the pope to be filled out at their
discretion, with which they were intending to spread this venom
throughout the churches of Germany, as is their custom from of old, and
to denude the altars, rob the houses of God, and despoil the crosses.
Therefore, in order to prevent their further progress, we compelled them
to return to Rome by the way they had come. We hold this kingdom and
empire through the election of the princes from God alone, who by the
passion of his Son placed this world under the rule of two swords;
moreover, the apostle Peter says: "Fear God, honor the king" [1 Pet.
2:17]. Therefore, whoever says that we hold the imperial crown as a
benefice from the pope resists the divine institution, contradicts the
teaching of Peter, and is a liar....
102. Letter of Adrian IV to the Emperor, February, 1158.
Ragewin, Gesta Friderici, III, chs. 22, 23; M. G. SS. folio, xx;
Doeberl, IV, no. 35 e.
Ever since we were called by the will of God to the government of the
universal church, we have tried to honor you in every way, in order that
your love and reverence for the apostolic seat might daily increase.
Therefore we were greatly astonished to learn that you were incensed at
us and that you had treated with such scant respect the legates ... whom
we had sent to you for the purpose of learning your wishes. We are
informed that you were enraged because we used the word _beneficium_, at
which surely the mind of so great a person as yourself should not have
been disturbed. For although with some that word has come to have a
meaning different from its original sense, yet it ought to be taken in
the sense in which we have used it and which it has had from the
beginning. For _beneficium_ comes from _bonum_ and _factum_, and we used
it to mean not a _feudum_ (fief), but a "good deed," in which sense it
is used throughout the holy Scriptures; as when we are said to be guided
and nourished by the _beneficium_ of God, which means not the "fief,"
but the kindness of God. You surely admit that in placing the imperial
crown upon your head we performed an act that would be regarded by all
men as a "good deed." Moreover, if you misunderstood the phrase "we
conferred the imperial crown upon you," and distorted it from its
ordinary meaning, it could only be because you wished to misunderstand
it or because you accepted the interpretation of persons who wished to
disturb the peace existing between the church and the empire. For we
meant by the words "we conferred" no more than "we placed," as we said
above. In ordering the recall of the ecclesiastics whom we sent to make
a visitation of the churches in Germany according to the right of the
Roman church, you must surely recognize that you acted unwisely, for if
you had any grievance you should have informed us, and we would have
undertaken to satisfy your honor. Now by the advice of our beloved son
Henry, duke of Bavaria and Saxony, we have sent you two legates, our
brothers Henry, cardinal priest of San Nereo and Sant Achilleo, and
Hyacinth, cardinal deacon of Santa Maria in Cosmedin, both wise and
honorable men, and we urge you to receive them honorably and kindly, and
to accept the message which they deliver as coming from the sincerity of
our heart; so agreeing with them through the mediation of our son the
duke, that no discord may remain between you and your holy mother, the
Roman church.
103. Definition of Regalia or Crown Rights, Given at the Diet Held on
the Roncalian Plain, 1158.
M. G. LL. folio, II, pp. 111 f; Doeberl, IV, no. 37 a.
The rights of the crown were called "regalia." When Frederick I went
into Italy (1158) he found that the royal rights had been usurped by the
cities and nobles. At the diet which he held on the Roncalian plain he
consulted lawyers who had been trained in the law of Justinian, and
asked them what the imperial rights in Italy were. Their decision, which
is here given, was largely influenced by their study of the Roman law.
The account which Ragewin (IV, 7) gives of this diet is as follows:
"Frederick then examined into the matter of the royal jurisdiction and
the regalia, which for a long time had been lost to the empire because
they had been usurped and the kings had neglected to recover them. The
bishops, the nobles, and the cities, since they could find no excuse for
retaining these rights, resigned them to the emperor. Milan was the
first to surrender them. When the emperor asked what these rights were,
the decision was given that they were the right to appoint dukes,
marquises, counts, and consuls [in the cities]; to coin money; to levy
tolls; to collect the _fodrum_ [a tax in provisions for the support of
the emperor and his army when passing through the territory]; to collect
customs and harbor dues; to furnish safe-conducts; to control mills,
fish-ponds, bridges, and all the water-ways, and to demand an annual tax
not only from the land, but also from each person."
These are the regalian rights or rights of the crown: Arimanniæ,{72}
public roads, navigable rivers and those which unite to form navigable
rivers, harbors, and the banks of rivers; tolls, coinage, profits from
fines and penalties; ownerless and confiscated lands, and the property
of those who have contracted incestuous marriages or have been outlawed
for crimes mentioned in the Novellæ of Justinian; rights of conveyance
on direct routes and cross-roads{73} (angariæ and parangariæ), and the
prestation of ships;{74} the special taxes for the royal expedition; the
appointment of officials for the administration of justice; mines; royal
palaces in the customary cities; the profits of fisheries and
salt-works; the property of those who are guilty of offence against the
majesty of the emperor; half the treasure discovered in places belonging
to the emperor or dedicated to religious purposes, and all of it if the
finder was aided by the emperor.
{72} Arimanniæ: Taxes paid by those who held certain lands or estates
which had once been held by the _arimanni_, or free Lombards.
{73} When the emperor travelled he had the right to demand conveyances
of various kinds from the people of the territory through which he was
passing. Angariæ were conveyances for the "direct roads"; parangariæ,
conveyances for the "cross-roads." By "direct roads" are meant the chief
roads; in Italy, those which led directly to Rome, and along which the
emperor must pass when going to Rome. The "cross-roads" were the less
important roads, which ran at right angles to the direct roads.
{74} In the same way the emperor had the right to demand ships for the
transport of himself and his men.
104. Grounds for the Quarrel between Adrian IV and Frederick I. Letter
of Eberhard, Bishop of Bamberg, to Eberhard, Archbishop of Salzburg,
1159.
Ragewin, Gesta Frid., IV, c. 34; M. G. SS. folio, XX; Doeberl, IV, no.
38.
Although the stirrup episode and the Besançon episode were ended without
a rupture between Frederick and Adrian, the fundamental question between
them was not yet settled. Frederick continued to act in accordance with
his ideas of what his office demanded, thus giving deep offence to the
pope. The various matters in which the pope felt that Frederick had
offended are set forth in this letter. They involve the deeper question
of supremacy. The relations between the pope and emperor were becoming
more and more strained. Although Frederick had previously refused to
consider the propositions of the commune of Rome, he now received their
ambassadors courteously. The people of the city wished to obtain his
recognition of their government. Since the pope was obdurate Frederick
threatened to make common cause with the rebellious city, hoping, no
doubt, that Adrian would thereby be compelled to sue to him for terms.
To his reverend father and lord, Eberhard, archbishop of Salzburg,
Eberhard, by the grace of God bishop of Bamberg.
... That perilous time seems near at hand when strife shall arise
between the king and the pope. The cardinals Octavianus and William,
former archdeacon of Pavia, were sent by pope Adrian to the emperor with
a message which began with a conciliatory introduction but which
contained most vexatious matter. For instance, they said: the emperor
must not send ambassadors to the city of Rome without the consent of the
pope, as all the magisterial power in Rome and all the regalian rights
there belong to St. Peter; the _fodrum_ must not be collected from the
papal estates except at the time of the imperial coronation; Italian
bishops should take only the oath of fidelity to the emperor and not the
oath of homage [see no. 214]; bishops shall not be required to entertain
the ambassadors of the emperor in their palaces; the following
possessions, belonging of right to the Roman church, must be restored:
Tivoli, Ferrara, Massa, Fiscaglia, all the lands of the countess
Matilda, all the land from Aquapendente to Rome, the duchy of Spoleto,
and the islands of Sardinia and Corsica. The emperor was willing to do
justice in these matters if the pope would give him justice in return
[that is, the emperor was willing to submit each matter to trial and
abide by the decision, if the pope would do the same], but the cardinals
were only empowered to receive justice and not to give it, for they said
that they could not bind the pope. The emperor on his part then made the
following complaints: that the treaty of Constance had not been kept by
the pope in the matter of his promise not to make peace with the Greeks,
the Sicilians, or the Roman people without the consent of both parties
[see no. 97]; that cardinals were sent through Germany without the
emperor's consent, and that they entered the palaces of bishops who
possessed regalian rights from the emperor; that the pope heard unjust
appeals; and many similar matters. The emperor agreed that the pope
should be notified of these demands by the aforesaid cardinals, but the
pope refused to send other cardinals empowered to treat of these things,
as the emperor had requested. In the meantime ambassadors came from the
Roman people to make a treaty of peace with the emperor, and were
favorably received and dismissed with honor. The emperor is about to
send ambassadors both to the pope and to the city of Rome; if possible,
he will make a treaty of peace with the pope, but if this fails, he will
ally himself with the Romans....
105-107. The Disputed Papal Election of 1159.
105. Letter of Alexander III about his Election, 1159.
M. G. SS. folio, XVIII, pp, 28 f; Doeberl, IV, no. 39 a.
When Adrian IV died, 1159, the quarrel between him and the emperor had
reached such a pitch of bitterness that he was about to excommunicate
Frederick. But there was a party in the college of cardinals which was
heartily supporting the emperor against the pope. The members of this
German party, as it was called, had opposed the treaty which Adrian had
made with William of Sicily (see no. 99) and had sympathized with
Frederick in the Besançon episode and in his later contentions with the
pope (see nos. 100-102). They believed that the pope was transcending
his powers, and usurping authority which belonged to the emperor alone.
But this German party, of which Octavian was the head, was hopelessly in
the minority. When the cardinals met to elect a successor to Adrian IV,
it was not able to secure the unanimous election of its candidate. Two
popes were elected, and a schism ensued which lasted for seventeen
years. Alexander III was very clever and succeeded in uniting all of
Frederick's enemies against him. Under the pope's leadership and by his
diplomacy, the Lombard league was formed. It completely defeated the
emperor at Legnano, 1176 (see nos. 108-109). We give first a letter of
Alexander III, which contains an account of his election. Then Victor's
letter follows (no. 106). And finally a brief account of the election by
Gerhoh of Reichersberg is given (no. 107).
Alexander, bishop, servant of the servants of God, to his venerable
brothers, Syrus, archbishop of Genoa, and his suffragans, greeting and
apostolic benediction.
The eternal and unchangeable will of the Creator provided that his holy
and immaculate church from its very foundation should be ruled by one
pastor and governor, to whom all prelates should be obedient. As members
are united to one head, so they should be joined to him in perfect unity
and never separate themselves from him. And Christ, who confirmed the
faith of his disciples by saying: "Lo, I am with you alway, even unto
the end of the world" [Matt. 28:20], will without doubt keep his promise
to his church which he put under the control of his apostle [Peter]. And
although his church, like the little boat of St. Peter, may sometimes be
tossed about by the waves, he will preserve it in safety.
Three false brothers have gone out from us, but they were not of us,
and, transforming themselves into angels of light, although they are
servants of Satan, they are trying to rend and tear the church, the
seamless robe of Christ, which he, in the person of the Psalmist, prayed
might be delivered from the lion's mouth, and from the sword and from
the power of the dog [Ps. 22:20]. Nevertheless Christ, the founder and
head of the church, is carefully guarding her, his only spouse, and he
will not permit the little boat of St. Peter to suffer shipwreck,
although it may often be tossed about by the waves.
Our predecessor, Adrian IV, of blessed memory, died September 1, while
we were at Anagni, and his body was brought to Rome and honorably buried
in the customary manner in St. Peter's Church, on September 4. Nearly
all the cardinals were present, and after the burial they began to take
steps to elect his successor. After three days of discussion all the
cardinals except three elected us, although we are not sufficient for
this burden and not worthy of so high an office. The three who opposed
our election were Octavian, John of St. Martin's, and Guido of Crema.
God is our witness that we are telling the exact truth when we say that
all the others unanimously elected us, and the other clergy and the
people of Rome assented to it. But two, John and Guido, voted for
Octavian and stubbornly insisted on his election. The prior of the
cardinal deacons was putting the papal mantle on us in the customary
manner, although we were reluctant to receive it because we saw our
insufficiency for the high office. When Octavian saw this he was almost
beside himself with rage, and with his own hands snatched the mantle
from our neck and took it away. This caused a great tumultuous outbreak.
Some of the senators were present and saw it, and one of them, inspired
by the spirit of God, snatched the mantle from the hands of Octavian,
who was now raging. Then Octavian, with angry face and fierce eye,
turned to one of his chaplains who had come prepared for this, upbraided
him, and ordered him hastily to fetch him the mantle which he had
brought with him. The mantle was brought without delay, and while all
the cardinals were trying to get out of the room, Octavian removed his
hat, bowed his head, and received the mantle from his chaplain and
another clergyman. And because there was no one else there, he had to
assist them himself to put it on him. But the condemnation of God was
seen in the fact that he put the mantle on with the wrong side in front.
Those who were present saw it and laughed. And as he was of a crooked
mind and intention, so the mantle was put on crooked as an evidence of
his condemnation. When this was done, the doors of the church, which had
been closed, were opened and bands of armed men with drawn swords
entered and made a great noise. But they had been hired by Octavian to
do this. And because that pestilential Octavian had no cardinals and
bishops he surrounded himself with a band of armed knights....
106. Letter of Victor IV to the German Princes, 1159.
Ragewin, Gesta Frid., IV, ch. 60; M. G. SS. folio, XX; Doeberl, IV, no.
39 b.
See introductory note to no. 105.
Victor, bishop, servant of the servants of God, to his venerable
brothers, the patriarchs, archbishops, bishops, and his dear sons, the
abbots, dukes, marquises, counts, and other princes, and the imperial
family who are connected with the most holy court of Frederick, the most
serene and unconquered emperor of the Romans, greeting and apostolic
benediction.
We believe that you cannot have forgotten how sincerely we have loved
the empire and how we have labored in support of its honor and dignity.
And now that we have been elevated to a higher dignity we wish to do
even more for you and the empire. We therefore confidently beseech you,
for the reverence which you have for St. Peter and for your love to us,
to ask the emperor to take immediate steps to come to the aid and
protection of the empire, which God has committed to him, and of the
church of God, the bride of Christ, of which God has made him advocate
and defender. If he does not, there is danger that his malicious enemies
may prevail in this great struggle, and the little boat of St. Peter be
overwhelmed by winds and storms, and the imperial dignity be humiliated.
We wish to inform you that under the Lord's guidance we have been
elected pope. After our predecessor, Adrian IV, of blessed memory, had
gone the way of all flesh and been buried in the church of St. Peter, we
all came together to elect his successor. After long discussion and
mature deliberation, God graciously inspired our brothers, the cardinal
bishops, priests, and deacons of the holy Roman church, and the other
clergy of Rome, to elect us. The people of Rome asked for our election
and the senators and other nobles assented to it. We were canonically
elected and then elevated to the throne of St. Peter. And on the first
Sunday in October we were consecrated and received the full power of our
office.
We humbly beseech you to aid us with your prayers to Him from whom come
all power and dignities. Now the former chancellor, Roland, who was
bound by oath in a conspiracy against the church of God and the empire
in support of William of Sicily, had himself thrust into the papal
office twelve days after we were elected. Such a thing had never been
heard of before. If he should send you letters, you should refuse to
receive them, because they are full of lies and he is a schismatic and a
heretic. Pay no attention whatever to his letters.
107. The Account of the Election as Given by Gerhoh of Reichersberg,
_ca_. 1160.
Doeberl, IV, no. 39 d.
See introductory note to no. 105.
When Adrian IV died, all the cardinal clergy of the holy Roman church
met to elect his successor. A secret ballot was taken and the result
announced. It was found that a majority of the cardinals had voted for
Roland, the chancellor of Adrian IV. A few had voted for Octavian, and
some also for _Magister_ Bernard. Since there could not be three popes,
the majority tried to persuade the minority to give up their candidates
and make the election of Roland unanimous. Those who had voted for
Bernard then deserted him and some of them joined the party of Roland.
The others said that they had no preference but would support either
Octavian or Roland, provided the election of either were unanimous, and
the church should not be divided on account of it. The number of
cardinals who supported Octavian, or were willing to support him if
elected, was seven. But a much larger number supported Roland. The
majority then tried hard to persuade these seven to unite in electing
Roland, and won over all but three of them. Two of these, John of Pisa,
and Guido of Crema, were very contentious and declared that they would
never desert Octavian. So they with the bishop of Tusculum made Octavian
pope.
108. The Preliminary Treaty of Anagni between Alexander III and
Frederick I, 1176.
Kehr, Vertrag von Anagni. in Neues Archiv, XIII, pp. 109 ff; Doeberl,
IV no. 46 a.
The quarrel between the pope and emperor increased in bitterness. At the
same time the Italian cities rebelled against Frederick and joined the
pope. The Lombard league was formed and at Legnano, 1176, the emperor
was utterly defeated. He then sent ambassadors to the pope at Anagni to
discuss the terms of a treaty of peace. They agreed on the following
articles which were afterward incorporated in the peace of Venice, 1177.
The final treaty was made in 1183 and is called the treaty of Constance
(see no. 109).
1. The emperor and the empress, and their son, king Henry, and all the
princes promise to accept pope Alexander III as the catholic and
universal pope, and to show him such reverence as their predecessors
were wont to show to his predecessors.
2. The emperor promises to keep peace faithfully with pope Alexander and
his successors and with the whole Roman church.
3. All the regalia and other possessions of St. Peter as held by the
Roman church in the time of pope Innocent II, which have been seized by
the emperor or his allies, shall be restored to pope Alexander and to
the Roman church, and the emperor engages to aid the church in retaining
possession of them.
4. The emperor restores to the pope and to the Roman church the control
of the office of prefect of the city of Rome; the pope shall see to it
that justice shall be done the emperor when he has occasion to seek his
rights in the city.
5. All vassals of the church won over by the emperor to his side during
the late quarrel, shall be released from their allegiance to him and
restored to the pope and to the Roman church.
6. The emperor will restore to the pope and to the church the lands of
the countess Matilda as they were held by the church in the time of the
emperor Lothar and king Conrad and the present emperor Frederick.
7. The pope and the emperor will mutually aid one another in maintaining
the honor and the rights of the empire and the church.
8. Everything unjustly taken from the churches by the emperor or his
followers during the schism shall be restored to them.
9. The emperor will make peace with the Lombards on the terms to be
agreed upon by representatives appointed for this purpose by the emperor
and the pope and the Lombards. In case any difficulty arises in the
course of these negotiations which the representatives cannot settle, it
shall be decided by the majority of the special commissioners to be
appointed for this purpose by the emperor and the pope in equal numbers.
10. The emperor will make peace with the king of Sicily and with the
emperor of Constantinople and with all the allies of the pope, and he
will not take revenge for any wrongs which they may have committed in
assisting the Roman church.
11-22. Articles referring to individuals and lesser details.
23. Pope Alexander and the cardinals on their part make peace with the
emperor and the empress and their son, king Henry, and all their party.
This, however, shall not prejudice those rights of controlling and
judging ecclesiastical persons which are herein surrendered to the pope
and to the Roman church, nor the rights of the Roman church over the
lands of St. Peter now withheld by other persons, nor the special
exceptions made in this document in favor of the pope and the Roman
church, on one side, and the emperor and the empire, on the other.
24. The pope and the cardinals will take their oath to keep this peace,
the oath to be drawn up in writing and signed by the cardinals.
25. The pope shall immediately call together as large a council as
possible, and with the cardinal bishops and other clergy who may be
present, shall excommunicate all who break this peace. Afterward he
shall do the same in a general council.
26. Many of the nobles of Rome and the great vassals of Campania shall
also take oath to keep this peace.
27. The emperor and the princes of the empire will also take their oaths
to keep this peace, the oath to be drawn up in writing and signed by the
emperor and the princes.
28. If the pope should die first, the emperor and his son, king Henry,
and the princes shall observe these terms of peace with his successors
and all the cardinals and the whole Roman church, and with the Lombards
and the king of Sicily and all the allies of the church. If the emperor
should die first, the pope and the cardinals and the Roman church shall
observe these terms with the empress Beatrice, and her son, king Henry,
and with all the German people and their allies, as written above.
29. In the meantime the emperor shall not attack the land of St. Peter,
whether held by the pope in person or by the king of Sicily or other
vassals of the pope.
30. If the negotiations for peace are broken off by either side before
they are completed, which God forbid, truce shall be kept for three
months after the notification of withdrawal.
109. The Peace of Constance, January 25, 1183.
Muratori, IV, pp. 307 ff; M. G. LL. folio, II, pp. 175 ff; Doeberl, IV,
no. 51 c.
See introductory note to no. 108.
In the name of the holy and undivided Trinity. Frederick, by divine
mercy emperor of the Romans, Augustus, and Henry VI, his son, king of
the Romans, Augustus....
1. We, Frederick, emperor of the Romans, and our son Henry, king of the
Romans, hereby grant to you, the cities, territories, and persons of the
league, the regalia and other rights within and without the cities, as
you have been accustomed to hold them; that is each member of the league
shall have the same rights as the city of Verona has had in the past or
has now.
2. The members of the league shall exercise freely and without
interference from us all the rights which they have exercised of old.
3. These are the rights which are guaranteed to you: the _fodrum_,
forests, pastures, bridges, streams, mills, fortifications of the
cities, criminal and civil jurisdiction, and all other rights which
concern the welfare of the city.
4. The regalia which are not to be granted to the members of the league
shall be determined in the following manner: in the case of each city,
certain men shall be chosen for this purpose from both the bishopric and
the city; these men shall be of good repute, capable of deciding these
questions, and such as are not prejudiced against either party. Acting
with the bishop of the diocese, they shall swear to inquire into the
questions of the regalia and to set aside those that by right belong to
us. If, however, the cities do not wish to submit to this inquisition,
they shall pay to us an annual tribute of 2000 marks in silver as
compensation for our regalia. If this sum seems excessive, it may be
reduced.
5. If anyone appeals to us in regard to matters which are by this treaty
admitted to be under your jurisdiction, we agree not to hear such an
appeal.
6. The bishops, churches, cities, and other persons, clerical and lay,
shall retain possession of the property or rights which have been
granted to them before this war by us or by our predecessors, the above
concessions excepted. The accustomed dues for such holdings shall be
paid to us, but not the tax.
7. Such possessions as we have granted to members of the league, inside
or outside of cities, shall not be included among those regalia for
which taxes are to be paid to us.
8. All privileges, gifts, and concessions made in the time of the war by
us or our representatives to the prejudice or injury of the cities,
territories, or members of the league are to be null and void.
9. Consuls of cities where the bishop holds the position of count from
the king or emperor shall receive their office from the bishop, if this
has been the custom before. In all other cities the consuls shall
receive their office from us, in the following manner: after they have
been elected by the city they shall be invested with office by our
representative in the city or bishopric, unless we are ourselves in
Lombardy, in which case they shall be invested by us. At the end of
every five years each city shall send its representative to us to
receive the investiture.
10. This arrangement shall be observed by our successor, and all such
investitures shall be free.
11. After our death, the cities shall receive investiture in the same
way from our son and from his successors.
12. The emperor shall have the right of hearing appeals in cases
involving more than 25 pounds, saving the right of the church of Brescia
to hear appeals. The appellant shall not, however, be compelled to come
to Germany, but he shall appeal to the representative of the emperor in
the city or bishopric. This representative shall examine the case fairly
and shall give judgment according to the laws and customs of that city.
The decision shall be given within two months from the time of appeal,
unless the case has been deferred by reason of some legal hindrance or
by the consent of both parties.
13. The consuls of cities shall take the oath of allegiance to the
emperor before they are invested with office.
14. Our vassals shall receive investiture from us and shall take the
vassal's oath of fidelity. All other persons between the ages of 15 and
70 shall take the ordinary oath of fidelity to the emperor unless there
be some good reason why this oath should be remitted.
15. Vassals who have failed to receive investiture from us or to render
the services due for their fiefs, during the war or the truce, shall not
on this account lose their fiefs.
16. Lands held by _libelli_ and _precariæ_ shall be held according to
the customs of each city, the feudal law of Frederick I to the contrary
notwithstanding.
17. All injuries, losses, and damages which we or our followers have
sustained from the league or any of its members or allies are hereby
pardoned, and all such transgressors are hereby received back into our
favor.
18. We will not remain longer than is necessary in any city or
bishopric.
19. It shall be permitted to the cities to erect fortifications within
or without their boundaries.
20. It shall be permitted to the league to maintain its organization as
it now is or to renew it as often as it desires.
110. The Formation of the Duchy of Austria, 1156.
Wattenbach, Die ost. Freiheitsbriefe; Doeberl, IV, no. 31 a.
The nobles of Germany early showed the desire to free themselves from
the control of the emperor and to acquire independence at the expense of
the crown. The document by which Frederick I created the duchy of
Austria out of the Bavarian east mark and gave it to his uncle, Henry,
contains some concessions which tended to weaken the crown. Instead of
binding the new duke closely to the crown and compelling him to render
services commensurate with his high position, the emperor excused him
from attending diets which were not held near his lands, and from
military service except in the lands which adjoined his. He also gave
the duke the complete administration of justice in his territory. Other
princes were not slow to demand similar privileges, and the crown was
gradually stripped of its powers and prerogatives. See nos. 136, 139,
153, 160. The duchy of Austria, created by this grant, came into the
possession of the Hapsburg family, and formed the centre of the Hapsburg
lands, the present Austro-Hungarian empire. See no. 150.
In the name of the holy and undivided Trinity. Frederick, by divine
mercy emperor of the Romans, Augustus. ... Know all our faithful
subjects, present and future, that with the aid of him who sent peace on
earth, we have been able to settle the long quarrel between our beloved
uncle Henry, duke of Austria, and our beloved nephew, Henry, duke of
Saxony, over the possession of the duchy of Bavaria. This was
accomplished at the diet of Regensburg on the day of the Nativity of the
blessed Virgin Mary in the presence of many pious catholic princes. This
is the way in which the settlement was reached: The duke of Austria
resigned the duchy of Bavaria into our hands, and we immediately granted
it in fief to the duke of Saxony. Then the duke of Bavaria [Henry of
Saxony] surrendered to us the mark of Austria with all its rights and
all the fiefs which the former margrave Luitpold held of the duchy of
Bavaria, and we have made the mark of Austria a duchy with the consent
of the princes, Wadislaus, duke of Bohemia, putting the motion and the
other princes agreeing to it. This was done in order that our beloved
uncle should not lose in rank by the transfer. We have now granted the
duchy of Austria in fief to our uncle Henry and to his wife Theodora,
decreeing by this perpetual edict that (1) they and their children after
them, whether sons or daughters, shall hold and possess it by hereditary
right. If our uncle and his wife should die without children, they may
leave the duchy by will to whomsoever they desire. (2) We decree also
that no person, great or small, shall presume to exercise any of the
rights of justice within the duchy, without the consent and permission
of the duke. (3) The duke of Austria does not owe any services to the
empire, except to attend, when summoned, such diets as may be held in
Bavaria. (4) He is not bound to join the emperor on any campaign except
such as may be directed against parts of the kingdom neighboring to
Austria.
111. The Bishop of Würzburg is made a Duke, 1168.
Bresslau, Diplomata Centum, no. 72; Doeberl, IV, no. 44.
The old duchy of Franconia disappeared with Conrad II (1024-39). The
Staufer, who inherited the family lands of Conrad II, called themselves
dukes of Rothenburg, and not of Franconia. A large part of the original
duchy went to make up the bishoprics of Mainz, Bamberg, and Würzburg. In
time the bishops of Würzburg put forth the claim that they had received
the ducal office in Franconia. In a diet at Würzburg, 1168, Herold, the
ambitious bishop of Würzburg, presented some forged documents to
Frederick I to prove that the bishops of Würzburg were also dukes and
had ducal authority in the duchy of Würzburg, which was identical with
the bishopric. Frederick was deceived by these forgeries and confirmed
the bishop in his usurped title and authority. The bishops of Würzburg
now received the highest jurisdiction over their territory.
In the name of the holy and undivided Trinity. Frederick, by the mercy
of God emperor of the Romans, Augustus.... Be it known to all the
faithful subjects of God and of our empire, both present and future,
that we held a diet at Würzburg recently, where with the aid of God we
were able to reconcile the differences which had arisen among the
princes of Saxony. At that diet also Herold, venerable bishop of
Würzburg, attended by his whole chapter and by a large following of
freemen and ministerials, besought us to confirm by our imperial
authority the jurisdiction over the church and duchy of Würzburg, which
has belonged to his predecessors since the time of Karl the Great. We
always delight to grant the reasonable requests of suppliants, and we
have no wish to disturb the arrangements made by former emperors, unless
there is some need of correction. In this case it is apparent that the
settlement made by the former emperors is just, and that the lands have
been held unquestioned for a long time by the church and the duchy of
Würzburg. Therefore, influenced by the fidelity and devotion of the
bishop and by the intercessions of the chapter of his church, whose
devotion to him has touched our heart, we give and grant to the
venerable bishop Herold and to his successors forever the jurisdiction
and right of administering justice in the whole bishopric and duchy and
all its counties; that is, the right to punish cases of rapine and
incendiarism, to exercise authority over freeholds, fiefs, and vassals,
and to inflict capital punishment. By our imperial authority expressed
in this perpetual decree, we forbid any person, ecclesiastical or
secular, to exercise any jurisdiction in these matters within the
bishopric and duchy of Würzburg and its counties; except that the counts
should have jurisdiction within their counties over those freemen who
are known as _bargaldi_. If anyone acts contrary to this he is guilty of
violating the decrees of former emperors, the rights of the church of
Würzburg, and this our decree. We also forbid anyone to create
hundred-courts or appoint _centgrafs_ (hundred-courts) within this
bishopric and duchy and its counties, except by the grant of the
bishop-duke of Würzburg. Further, we have destroyed the castle of
Bamberg, which has been the cause of so much trouble to the church and
the whole province, and have given the hill upon which it stood to the
church of Würzburg, forbidding the erection of a castle or fortification
again upon it. We have destroyed also the castle of Frankenberg, which
menaced the neighboring monastery of Amerbach and imperilled the peace
of the church of Würzburg, and have given it under similar conditions to
that church.
112. Decree of Gelnhausen, 1180.
Heinemann, Cod. Anhalt., no. 1 c; Doeberl, IV. no. 5O.
As early as 953 Bruno, archbishop of Cologne, received the ducal
authority over Lothringen. This gave him the power to hold local diets
and to summon both the bishops and secular nobles to attend them. The
Gelnhausen decree, so named because it was published in a diet held at
Gelnhausen, is important because it contains an official account (1) of
the trial of Henry the Lion, and (2) of the partition of the duchy of
Saxony. The archbishop of Cologne now receives the ducal authority over
a part of the duchy of Saxony. There is here a good illustration of the
policy which Frederick I followed of weakening the great duchies by
dividing them.
In the name of the holy and undivided Trinity. Frederick, by divine
mercy emperor of the Romans, Augustus....
Know all faithful subjects of the empire, both present and future, that
Henry, former duke of Bavaria and Westphalia, has oppressed the churches
of God and the nobles of the empire by seizing their lands and violating
their rights, has refused to obey our summons to present himself before
us and has therefore incurred the ban, and even after that has continued
to injure the churches and nobles. Now therefore on account of the
injuries which he has inflicted upon these persons, and on account of
the contempt which he has so often shown to us, and especially on
account of his violation of feudal law, in that he refused to obey the
three summonses to present himself before us, he has been judged
contumacious and by the unanimous sentence of the princes in the diet
held at Würzburg has been deprived of the duchies of Bavaria,
Westphalia, and Engria [that is, Bavaria and Saxony] and of all the
fiefs which he held of the empire, and these territories have been
restored to our control.
Now by the advice of the princes we have divided the duchy of Westphalia
and Engria [Saxony] into two parts and have conferred that part which is
included in the dioceses of Cologne and Paderborn upon our beloved
prince, Philip, archbishop of Cologne, because of his conspicuous
merits, and of his labors and expenditures for the crown. We have given
and granted this territory to the church of Cologne with the counties,
advocates, rights of safe-conduct, domains, farms, fiefs, ministerials,
serfs, and all other things which belong to that duchy; and we have
solemnly invested the aforesaid Philip by the banner [flag] of the
empire with that portion of the duchy which is given to his church. This
was done by the decision of all the princes of the diet, and with the
public consent of our relative, duke Bernard, to whom we have given the
other part of the duchy of Westphalia and Engria....
113. Papal Election Decree of Alexander III, 1179.
Watterich, Pont. Rom. Vitæ, II, pp. 644 f; Doeberl, IV, no. 49.
Disputed elections might easily take place, because there was no clear
law governing them. It was not the majority of the cardinals who could
elect, but those of the "better and wiser counsel." No matter how small
the number of cardinals who might vote for a particular candidate, he
could easily claim to be elected because he could say that his
supporters were of the "better and wiser counsel." To prevent such
occurrences, Alexander III decreed that the votes of two-thirds of the
cardinals were necessary to elect.
Concerning the election of the pope. Although our predecessors have
issued decrees intended to prevent disputed elections in the papacy,
nevertheless, the unity of the church has frequently been imperilled by
the wicked ambition of men. We have decided with the advice of our
brothers and the approval of the council that something further must be
done to prevent this evil. Therefore we have decreed that when the
cardinals cannot come to a unanimous vote on any candidate, that person
shall be regarded as pope who receives two-thirds of the votes, even if
the other one-third refuse to accept him and elect a pope of their own.
If anyone who has been elected by only a third of the cardinals shall
presume to act as pope he and his followers shall be excommunicated and
deprived of all ecclesiastical rank; they shall not be allowed to take
communion, unless it be extreme unction, and unless they repent they
shall have their part with Dathan and Abiram [Num. 16], whom the earth
swallowed alive. No one who has been elected by less than two-thirds,
shall presume to act as pope, and if he does he shall suffer the same
penalty. This decree shall not be to the prejudice of the canon law or
of the practice in other churches where the voice of the majority is
declared to be decisive in elections, because any dispute arising in
these churches can be settled by appeal to higher authority. The Roman
church requires a special law, because there is in her case no higher
authority to appeal to.
114-115. Supremacy of the Papal Power.
114. Innocent III to Acerbius, 1198.
Migne, 214, col. 377.
Innocent III here gives an interesting statement of the theory of papal
supremacy and of the relations existing between papacy and empire.
Innocent III to Acerbius, prior, and to the other clergy in Tuscany. As
God, the creator of the universe, set two great lights in the firmament
of heaven, the greater light to rule the day, and the lesser light to
rule the night [Gen. 1:15,16], so He set two great dignities in the
firmament of the universal church, ... the greater to rule the day, that
is, souls, and the lesser to rule the night, that is, bodies. These
dignities are the papal authority and the royal power. And just as the
moon gets her light from the sun, and is inferior to the sun in quality,
quantity, position, and effect, so the royal power gets the splendor of
its dignity from the papal authority....
115. The Use of the Pallium. Innocent III to the Archbishop of Trnova
(in Bulgaria), 1201.
Migne, 215, col. 294.
To the honor of omnipotent God, and of the Blessed Virgin Mary, and of
the blessed apostles, Peter and Paul, and of pope Innocent and of the
Roman church, as well as of the church committed to you, we give you the
pallium. It was first placed on the tomb of St. Peter, from which place
we have taken it to send it to you. It is the symbol of the full power
of the bishop's office. You shall wear the pallium only when you
celebrate mass in the churches of your own diocese on the following
days: Christmas, St. Stephen's, Circumcision, Epiphany, Purification of
the Virgin Mary, Palm Sunday, Thursday and Saturday of Passion week,
Easter Sunday, Monday after Easter, Ascension of our Lord, Pentecost,
the three feasts of St. Mary, the birthday of John the Baptist, the
feast days of all the apostles, All Saints' day, and when a church is to
be dedicated, or bishop consecrated, or clergy ordained, on the
principal feast days of your own church, and on the anniversary of your
consecration.
The bishop of Rome alone always wears the pallium when celebrating mass
because he has the plentitude (fullness) of ecclesiastical power, which
is symbolized by the pallium. Others wear it only on certain days, and
in that diocese over which they have received ecclesiastical authority,
because they are called to have authority over only a part of the
church, and not over all of it [as the pope is].
116-118. The Punishment of Heretics.
116. Innocent III to the Archbishop of Auch in Gascony, 1198.
Migne, 214, col. 71.
Many heresies were appearing in various parts of Europe, and Innocent
III made special efforts to suppress them. The three following documents
illustrate the means by which he hoped to destroy them. These letters
are directed to Spain and to Gascony, where the Albigensian heresy was
flourishing.
The little boat of St. Peter is beaten by many storms and tossed about
upon the sea, but it grieves us most of all that, against the orthodox
faith, there are now arising more unrestrainedly and with more injurious
results than ever before, ministers of diabolical error who are
ensnaring the souls of the simple and ruining them. With their
superstitions and false inventions they are perverting the meaning of
the Holy Scriptures and trying to destroy the unity of the catholic
church. Since we have learned from you and others that this pestilential
error is growing in Gascony and in the neighboring territories, we wish
you and your fellow bishops to resist it with all your might, because it
is to be feared that it will spread and that by its contagion the minds
of the faithful will be corrupted. And therefore by this present
apostolical writing we give you a strict command that, by whatever means
you can, you destroy all these heresies and expel from your diocese all
who are polluted with them. You shall exercise the rigor of the
ecclesiastical power against them and all those who have made themselves
suspected by associating with them. They may not appeal from your
judgments, and if necessary, you may cause the princes and people to
suppress them with the sword.
117. Innocent III Commands all in Authority to aid his Legates in
Destroying Heresy, 1198.
Migne, 214, col. 142.
See introductory note to no. 116.
In order to catch the little foxes which are destroying the vineyard of
the Lord [Song of Sol. 2:15], and to separate heretics from the society
of the faithful, we have sent to you our beloved son and brother,
Rainerius, who, by the divine aid, is powerful in both word and deed,
and with him our beloved son and brother, Guido, who fears God and is
devoted to works of love. We ask, warn, exhort, and for the forgiveness
of your sins command you to receive them kindly and render them
assistance against the heretics by giving them advice and aid. We have
ordered Rainerius to go on into Spain on certain important
ecclesiastical matters, and so we order all archbishops and bishops to
use, at the command of Guido, the spiritual sword against all heretics
whom he shall name to you. And we order the laymen to confiscate their
goods and drive them out of your territories, and thus separate the
chaff from the wheat. Moreover to all who faithfully and devoutly aid
the church in preserving the faith in this time of great danger which is
threatening her, we grant the same indulgence of sins as to those who
make a pilgrimage to the churches of St. Peter or of St. James.
118. Confiscation of the Property of Heretics. Innocent III to the King
of Aragon, 1206.
Migne, 215, col. 915 f.
See introductory note to no. 116.
Since according to the gospel, the "laborer is worthy of his hire" [Luke
10:7], and in another place it is said, "Thou shalt not muzzle the mouth
of the ox that treadeth out the corn" [1 Cor. 9:1], it is certainly even
more fitting that a proper reward should be given those who, zealous for
the divine law, labor to destroy the little foxes which are ruining the
vineyard of the Lord [Song of Sol. 2:15]; we mean those who are
endeavoring to pervert the Christian faith. Their reward should be all
the greater, because if these foxes are killed the vineyard will be able
to bear much greater fruit in works of piety. Led by such
considerations, we concede to you, by this present writing, the right to
reserve for your own use all the movable as well as immovable goods of
heretics and of their supporters, of which you are able to get
possession.
119. Innocent III Commands the French Bishops to Punish Usury, 1198.
Migne, 214, col. 376.
The code of Justinian permitted the taking of interest, but the Biblical
view of the matter prevailed and in the Middle Age to accept interest in
any form on loans was usury. The church often renewed her prohibitions
of the custom, but was unable to abolish it. Finally in the sixteenth
century the distinction was made between a reasonable and just rate of
interest, which was permissible, and an excessive rate, which was
declared to be usury, and therefore prohibited.
We believe that you know how pernicious the vice of usury is, since, in
addition to the ecclesiastical laws which have been issued against it,
the prophet says that those who put their money out at interest are to
be excluded from the tabernacle of the Lord [Ps. 15:5]. And the New
Testament, as well as the Old, forbids the taking of interest, since the
Truth [Christ] himself says: "Lend, hoping for nothing again" [Luke
6:35]. And the prophet says: "Thou shalt not receive usury or increase"
[Ezek. 18:17]. We command you all by this apostolical writing not to
permit those who are known as usurers to clear themselves by any
subterfuge or trick when they are charged with the crime.
120. Innocent III Forbids Violence to the Jews, 1199.
Migne, 214, col. 864.
During the Middle Age the Jew received no protection from the law. It
took no account of him. He was compelled to pay for the permission to
live in a Christian state or in a Christian town. Such a permission was
often revoked at the will of the government (emperor, duke, bishop, city
council, etc.), and the Jews were then plundered by the government or
the mob, and made to pay well to have the permission renewed. Although
the government often robbed them, they had more to fear from the
fanaticism and covetousness of the mob, against which the government was
generally helpless to protect them. The more enlightened of the clergy
tried to shield them, but generally without success. This document gives
an idea of the ways in which they were commonly molested, as well as of
the enlightened humanity of Innocent III. See also nos. 299, 300.
... We decree that no Christian shall use violence to compel the Jews to
accept baptism. But if a Jew, of his own accord, because of a change in
his faith, shall have taken refuge with Christians, after his wish has
been made known, he may be made a Christian without any opposition. For
anyone who has not of his own will sought Christian baptism cannot have
the true Christian faith. No Christian shall do the Jews any personal
injury, except in executing the judgments of a judge, or deprive them of
their possessions, or change the rights and privileges which they have
been accustomed to have. During the celebration of their festivals, no
one shall disturb them by beating them with clubs or by throwing stones
at them. No one shall compel them to render any services except those
which they have been accustomed to render. And to prevent the baseness
and avarice of wicked men we forbid anyone to deface or damage their
cemeteries or to extort money from them by threatening to exhume the
bodies of their dead....
121. Innocent III to the Archbishop of Rouen, 1198.
Migne, 214, col. 93.
It was not uncommon for clergymen to hold livings or benefices (receive
an income) from different churches at the same time. In such cases, they
of course found it impossible to live in all the parishes from which
they received money or support. And some clergymen, although supported
by some church, cared little for their clerical duties and evaded them
by living in some other parish. This letter to the archbishop of Rouen
represents a part of the reforming work of Innocent III. He endeavored
to correct these abuses, as is apparent from this letter.
Since it is written that whoever does not work shall not eat [2 Thess.
3:10], we believe it wrong that clergymen do not serve those churches
from which they have their livings. You have informed us that certain
canons of the church of Rouen receive incomes and livings from the
church, but do not live there, as they should, and that the church of
Rouen is thereby unjustly deprived of the services of the clergy whom
she supports. Therefore we grant your petition, venerable brother in
Christ, and by our apostolic authority give you full power to use
ecclesiastical discipline to compel them to live in their churches, as
the law and custom of the church require.....
122. Innocent III to a Bishop, Forbidding Laymen to Demand Tithes of the
Clergy, 1198.
Migne, 214, col. 433 f.
This letter does not differ materially from the bull "Clericis laicos,"
no. 162. See the introductory note to it.
Since it is improper and contrary to reason that laymen, who are bound
to pay tithes to the clergy, should presume to extort tithes from them,
to the utter confusion of the established order of things, we grant your
petition, and give all the monasteries, churches, and clergy of your
diocese the permission to refuse to pay any tithes which may be demanded
of them by laymen, no matter under what pretext such a demand may be
made. And if laymen, contrary to this writing, shall attempt to collect
such tithes by violence, you shall put them under ecclesiastical
interdict and deprive them of the right to appeal.
123-125. The Secular Power of Innocent III.
123. The Prefect of Rome Takes the Oath of Fidelity to the Pope, 1198.
Migne, 214, cols. 18 and 529.
Innocent III attempted to build up a system of papal government in all
the lands which he claimed. This document shows how his authority in
Rome was recognized. No. 124 is an illustration of the oath which he
required of the local princes in Italy who held lands from him. No. 125
is offered as an evidence of his government in Sicily.
The next day after the coronation of Innocent III, Peter, prefect of the
city of Rome, in the consistory of the Lateran palace, publicly took the
oath of fidelity to Innocent and his successors, against all men, and
received from the pope a robe as the symbol of his investiture, with the
prefecture. And then he did Innocent liege homage and the pope gave him
a silver cup as the sign of his favor.
The oath. In the name of Christ. I, Peter, prefect of the city, swear
that the land which the pope has given me to govern, I will govern to
the honor and profit of the church. I will neither sell, nor hire out,
nor enfeoff, nor pawn, nor alienate in any other way, any part of it. I
will carefully find out and maintain all the rights of the Roman church,
and I will endeavor to recover those rights which she has lost; and when
I have recovered them, I will preserve and defend them as long as I
shall hold this office. I will guard the roads and administer justice. I
will give diligent zeal and attention to the guarding of the defences in
order that they may be guarded well and to the honor of the church and
in accordance with her wishes. I will neither change nor cause to be
changed those who have charge of the fortresses, nor will I introduce,
or cause to be introduced, others into the fortresses, contrary to the
command of the pope. The faithful subjects and vassals of the pope, who
live on the patrimony of the church, I will not permit to take the oath
of fidelity and homage to me without the special command of the pope.
Nor shall any of them be required to be faithful to me except during my
governorship. In the territory committed to me I will not cause any
strongholds to be built without the command of the pope. I will give a
faithful account of my governorship whenever the pope may demand it. And
I will freely resign my office whenever the pope or the holy Roman
church may command me to do so. All these things I swear that I will
faithfully observe without fraud, to the best of my ability, the command
of the pope being supreme in all things. So help me God and these holy
gospels of God.
124. John of Ceccano's Oath of Fidelity to Innocent III, 1201.
Migne, 217, col. 286.
See introductory note to no. 123.
In the fourth year of the pontificate of Innocent III, in the papal
palace at Anagni, a nobleman, John of Ceccano, took an oath of fidelity
to pope Innocent for Ceccano and for all the land which he holds. The
oath was taken in the presence of cardinal bishops, priests, and
deacons; there were present also many other clergy and nobles of Anagni
and of other places, as well as the knights of John of Ceccano. And he
admitted that he held Ceccano and all the rest of his land from the
Roman church. And this was his oath:
I, John of Ceccano, swear that from this hour on I will be faithful to
St. Peter, the Roman church, and my lord pope Innocent and his
successors. I will have no share in any counsel or deed, either by word
or act, to deprive them of life or limb or to capture them by fraud. Any
plan which they may reveal to me either in person or by messenger or by
letter I will not wittingly make known to their hurt. If I learn of an
impending injury to them I will prevent it if possible; if I cannot
prevent it I will inform them of it either in person or by letter or by
messenger, or I will tell it to some person who, I believe, will tell
them of it. I will aid them in defending Ceccano and all the land which
I hold, and the other regalia of St. Peter which they hold. If they have
lost any regalia, I will aid them in recovering, keeping, and defending
it against all men. These things I will keep in good faith, without
fraud or deceit. So help me God and these holy gospels.
After these things he put his hands into the hands of the pope and did
him liege homage. And the pope graciously gave him a silver cup overlaid
with gold. And afterward, in the same year, the same pope, because of
his faithfulness and services of John of Ceccano and his ancestors, gave
him the castle of Sitense as a fief.
125. Innocent III Commands the Archbishop of Messina to Receive the
Oaths of Bailiffs in Sicily, 1203.
Migne, 215, col. 55.
See introductory note to no. 123. This document is an evidence that the
government of Sicily was administered by the pope. According to the
Constitutions of Sicily, 1231, the bailiffs had jurisdiction over
thefts, the use of false weights and measures, and the less important
civil cases.
Knowing your orthodoxy and your faithfulness we do not hesitate to
commit to your charge those things which will advance the honor of
the apostolic see. Accordingly, by this apostolic writing, we command
you to demand and receive, in our name, the bailiff's oath from all
counts, barons, citizens, and others who have not yet taken it.
126. Innocent III Commands the English Barons to pay their Accustomed
Scutage to King John, 1206.
Migne, 217, col. 248.
Innocent III presumed to dictate to the whole Christian world in all
matters, temporal as well as spiritual. The following documents, nos.
126-129, are offered merely to illustrate by a few specific cases the
authority which he assumed. They explain themselves.
Innocent .... to his beloved sons, the great nobles, barons, and knights
in England, greeting and apostolic benediction. Our most dear son, John,
the illustrious king of England, has informed us that, although your
ancestors were accustomed from ancient times to pay the king scutage for
the baronies which they held from him, and although you yourselves have
paid this scutage up to very recent times, you have now arbitrarily
refused to pay scutage for the army which he led last year into Poitou.
In order that your king's plans may not be interfered with by such
action, we earnestly admonish and exhort you, and by this letter we
command you to pay promptly and without further resistance or objection
the said scutage in accordance with your obligation. For without
judicial procedure he cannot be despoiled of this scutage because his
ancestors and he have been accustomed to receive it, and besides,
provided his right to it is admitted, he is ready to hear any just
complaints that may be made to him about it.
127. Innocent III to Peter of Aragon, 1211.
Migne, 216, col. 404 f.
See introductory note to no. 126.
Since you say that while you were still a minor you did yourself great
damage by making grants which now involve a large part of your income,
and that, although you are very poor, you incur heavy expenses in
fighting the enemies of Christianity [that is, the Mohammedans in
Spain], I hereby give you the authority to revoke all the grants you
made during your minority; but with this proviso, that if you wish to
revoke any grants which you made to churches or to other places which
are put to a religious use, such revocations shall be passed on by an
ecclesiastical judge.
128. Innocent III Grants the Title of King to the Duke of Bohemia, 1204.
Migne, 215, col. 333 f.
See introductory note to no. 126 and to no. 56.
Although there have been many in Bohemia who have worn a royal crown,
yet they never received the papal permission to call themselves king in
their documents. Nor have we hitherto been willing to call you king,
because you were crowned king by Philip, duke of Suabia, who himself had
not been legally crowned, and therefore could not legally crown either
you or anyone else. But since you have obeyed us, and, deserting the
duke of Suabia, have gone over to the illustrious king, Otto, emperor
elect, and he regards you as king, we, at his request and out of
consideration of your obedience, are willing hereafter to call you king.
Now that you know why this favor has been granted you, strive to shun
the vice of ingratitude. And show that you have deserved our favor which
we have so graciously shown you, and try also to retain it. See to it
that you are solemnly crowned by Otto as soon as possible.
129. Innocent III Rebukes the English Barons for Resisting King John of
England, 1216.
Migne, 217, col. 245 f.
See introductory note to no. 126.
Innocent, etc., to his beloved sons, the magnates and barons of England,
greeting and apostolic benediction.
We are gravely troubled to learn that a quarrel has arisen between our
most beloved son, John, king of England, and some of you, about certain
questions that have recently been raised. Unless wise counsel prevails
and diligent measures are taken to end this quarrel, it will cause
injury. It is currently reported that you have rashly made conspiracies
and confederacies against him, and that you have insolently,
rebelliously, presumptuously, and with arms in your hands, said things
to him, which, if they had to be said, should have been said humbly and
submissively. We utterly condemn your conduct in these matters. You must
no longer try, by such means, to hinder the king in his good plans. By
our apostolic authority we hereby dissolve all conspiracies and
confederacies that have been made since the quarrel between the crown
and the church began, and forbid them under threat of excommunication.
We order you to endeavor by clear proofs of humility and devotion to
placate your king and to win his favor by rendering him those customary
services which you and your ancestors have paid him and his
predecessors. And in the future, if you wish to make a request of him,
you shall do it, not insolently, but humbly and reverently, without
offending his royal honor; and thus you will more readily obtain what
you wish. We ask and beseech the king in the Lord and command him, in
order to obtain forgiveness of his sins, to treat you leniently, and
graciously to grant your just petitions. And thus you yourselves may
rejoice to know that he has changed for the better, and on this account
you and your heirs may serve him and his successors more promptly and
devotedly. We ask, and, by this apostolic writing, command you to bear
yourselves in such a way that England may obtain the peace she so
earnestly longs for, and that you may deserve our aid and support in
your times of trouble.
130. Decision of Innocent III in Regard to the Disputed Election of
Frederick II, Philip of Suabia, and Otto of Brunswick, 1201.
Reg. d. Innoc. III. p. super neg. Rom. imp., no. 29;
Huillard-Bréholles, I, 70-76; Böhmer-Ficker-Winkelmann, no. 5724 a;
Doeberl, V, no. 8.
At the death of Henry VI, 1197, his brother, Philip of Suabia, tried to
persuade the princes to elect the infant son of Henry, Frederick, as
king. While some were in favor of this, others refused on the ground
that it would be ruinous to elect a child king. They offered the crown
to Philip, but he refused it because he was unwilling to appear to be
false to his little nephew. In spite of Philip's persistent refusal a
party of the princes elected him. The Guelf party elected Otto, son of
Henry the Lion. Under these circumstances Innocent III declared that it
was his right as pope to decide the disputed election. His reasons for
deciding in favor of Otto are given in the following document.
In the name of the Father, Son, and Holy Spirit.
It is the business of the pope to look after the interests of the Roman
empire, since the empire derives its origin and its final authority from
the papacy; its origin, because it was originally transferred from
Greece by and for the sake of the papacy, the popes making the transfer
in order that the church might be better protected; its final authority,
because the emperor is raised to his position by the pope who blesses
him, crowns him, and invests him with the empire. Henry [VI] recognized
this truth in respect to our predecessor, pope Celestine of blessed
memory, for although for a little while after he had received the crown
from the pope, he refused to admit this, later he came to his senses and
besought the pope to invest him with the golden mantle of the empire.
Therefore, since three persons have lately been elected king by
different parties, namely, the youth [Frederick II], Philip, and Otto,
so also three things must be taken into account in regard to each one,
namely: the legality, the suitability, and the expediency of his
election.
In respect to the youth, the son of emperor Henry, at first glance it
does not seem lawful to oppose his election, because it was supported by
the oaths which his father received from the princes before his death.
For although that oath may have been extorted from them by force,
nevertheless it is not thereby rendered void; in the case of the oath
which the children of Israel swore to Gibeon, they decided that,
although it had been secured by fraud, it ought still to be kept.
Moreover, if the oath of the princes was originally extorted from them,
the emperor later recognized his sin, and released them from their oath,
sending back the letters in which they promised to elect his son; then
the princes, in the emperor's absence, of their own accord elected his
son, and almost all of them promised him fidelity and some did him
homage. Therefore it does not appear that they may lawfully break that
oath. It does not seem proper for us to deprive him of his kingdom,
because he has been intrusted to our guardianship and protection, and
moreover it is written: "Defend the fatherless" [Ps. 82:3]. It does not
seem expedient to oppose him, because, when the youth shall arrive at
years of discretion and shall learn that he was deprived of his kingdom
by the pope, not only will he not show us reverence, but even as far as
he is able he will attack the church, and withhold from her the
allegiance and dues which she should receive from the kingdom of Sicily.
On the other hand, there are good reasons why it should be lawful,
fitting, and expedient to oppose his election. It is lawful because the
oaths of the princes were illegal, and the election was unwise. For they
elected as emperor a person unsuited not only to that, but to any other
office, for he was then scarcely two years old and was not yet baptized.
It appears then that such illegal and unwise oaths should not be kept.
The case of the oath sworn to Gibeon does not apply, for that oath could
be kept without working injury to the people of Israel, while the
observance of these oaths will not only injure one race, but will cause
great loss and damage to the church and the whole Christian people. Nor
can it be said that these oaths are legal if interpreted according to
the intention of the princes who swore them. They meant that if they
elected him emperor, he was not to rule immediately, but later when he
came of age. But how then could they judge of his fitness to rule? Might
he not turn out to be so foolish and simple as to be utterly unworthy
even less honor? Suppose that they meant he should rule only when he was
fitted to, and that in the meantime his father should govern the state.
But later an event occurred which the princes had not thought of, and
which made it neither right nor possible for the princes to keep their
oaths; that is, the sudden death of the father. Now since the empire
cannot be governed by a deputy, and an emperor cannot be elected for a
temporary term, and since the church neither wishes nor is able to do
without an emperor, it is lawful to elect some one else. It is not
fitting that he should rule. For how can he rule who is himself under
the rule of others? How can he protect the Christian people who is
himself under the tutelage of others? It is no sufficient answer to this
to say that it was to our guardianship that he was intrusted, because
this was done not that we might give him the empire, but that we might
hold the kingdom of Sicily for him. The Scripture says: "Woe to thee, oh
land, when thy king is a child, and thy princes eat in the morning"
[Eccles. 10:16]. It is not expedient that he should become emperor,
because thereby the kingdom of Sicily would be united with the empire to
the danger of the church; for, to say nothing of other dangers, he
would, like his father before him, be unwilling to prejudice the dignity
of the empire by taking the oaths of fidelity and homage to the pope for
the kingdom of Sicily. And it is no answer to this to say that he would
later oppose the church if we deprived him of the empire, for it is not
we who are depriving him of his empire, but his uncle [Philip] who has
attempted to seize not only the empire, but his maternal possessions as
well, while we have been defending them for him at great expense and
with great labor.
As to Philip, it does not seem lawful to oppose his election. In
deciding the legality of elections, account has to be taken of the zeal,
the rank, and the number of the electors. It is not easy to determine
the zeal, but, in respect to the other considerations, it is clear that
Philip was elected by many princes of high rank, and that many others
have since given him their support. Therefore his election seems to be
legal, and not to be opposed. It would seem also that it is not proper
for us to oppose his election, for we would appear thereby to be taking
revenge for our injuries, if, because his father [Frederick I] and his
brother [Henry VI] persecuted the church, we should persecute him and
visit upon him the punishment incurred by the sins of others; whereas
our Lord has said: "Love your enemies, bless them that curse you, do
good to them that hate you, and pray for them which despitefully use
you" [Matt. 5:44]. It would seem also not to be expedient to oppose his
election. To oppose a man so strong in wealth and supporters is like
battling with the torrent with the bare arms. We would only make an
enemy of him and create even greater strife in the church. We ought
rather to seek peace and pursue it, which we could do by supporting him.
But on the other hand it seems lawful to oppose his election, for he was
excommunicated lawfully and in solemn form by our predecessor. Lawfully,
because he had seized the lands of St. Peter [Tuscany], and ravaged and
burned them, refusing to make satisfaction after being warned to do so
once and again by our brothers; in solemn form, for it was done at mass
in the church of St. Peter on a great feast-day, and he himself
recognized the validity of the excommunication by sending a messenger to
us to beseech absolution, and by having himself absolved later after his
election, by our legate, although contrary to our commands. So it is
evident that he was elected while under sentence of excommunication, and
some believe that he is not yet released from it. For in giving him
absolution, the former bishop of Sutri did not observe the conditions
laid down by us; namely, that Philip should first release the archbishop
of Salerno from captivity, and should then be freed from the necessity
of coming to Rome for absolution if he would take oath publicly to obey
us in respect to the deeds for which he had been excommunicated, and
then only should be given absolution. But the bishop of Sutri attempted
to absolve him secretly while the said archbishop was still a prisoner,
and without requiring any oath at all; for which disobedience he was
deprived of his bishopric by us and ended his days in a monastery.
Moreover, since we have frequently excommunicated Markwald and all other
German and Italian supporters of Philip, Philip himself, the author of
their sins, is surely subject to the same sentence. Moreover, it is
notorious that he swore fidelity to the youth [Frederick], and yet has
seized his kingdom and tried to seize the empire; therefore he is guilty
of perjury. It is objected that we have already declared such oath to be
illegal, and that he is not guilty of perjury in not keeping it, because
we have said it ought not to be kept. But even if the oath was unlawful,
he should not have broken it on his own authority, but should first have
consulted us, after the example of the children of Israel, in the case
of the oath which they swore to Gibeon; for although the oath had been
won from them by fraud they did not break it of their own accord, but
decided to consult the Lord. Moreover since whatever is done against the
conscience leads to hell (according to the words of the apostle:
"Whatsoever is not of faith is sin" [Rom. 14:23]), and since Philip
excuses himself in this matter by saying that he would not have taken
the kingdom if he had not known that otherwise some other persons would
have seized it, it is clear that he believed he ought to have kept the
oath, and that in violating it he went against his own conscience. So it
seems that we ought to oppose him and resist his attempt to hold the
empire, since he is legally under excommunication and is guilty of
perjury. It appears also that we may properly oppose his election, for
by his succession, brother will be succeeding brother, just as formerly
son succeeded father when Frederick handed on the crown to his son
[Henry VI] and Henry tried to do the same for his son [Frederick II];
and thus the empire tends to become hereditary, the abuse becoming law
by long custom. Also it appears expedient to oppose him, for he is a
persecutor, and of a race of persecutors, and if we do not oppose him
now we shall be arming our enemy against ourselves.
As for Otto, at first it does not seem lawful to favor him, because he
was elected by only a few electors; it does not seem fitting, because we
should have the appearance of supporting him out of hate to another; it
does not seem expedient, because in comparison to the other his party is
small and weak. But there are better reasons on the other side. In the
first place, the rank of the electors and the fitness of the candidate
must be considered, as well as the number of electors; and Otto was
elected by as many or more of those princes that have the best right to
elect the emperor, and is himself much better fitted to rule than is
Philip. Then again the Lord visits the iniquity of the fathers upon the
children unto the third and fourth generation of them that hate him;
that is, upon those that continue in the evil way of their fathers, and
Philip has certainly persisted in the wicked persecution of the church
which his father began. Finally, although we ought not to return evil
for evil, but ought rather to bless them that curse us, yet we should
not return good for injury to those who persist in their wickedness or
put weapons in the hands of those who rage against us, for God himself
exalted the lowly to overthrow the mighty. Therefore it is lawful,
proper, and expedient for the pope to favor the election of Otto.
Far be it from us that we should defer to man rather than to God, or
that we should fear the countenance of the powerful, since, according to
the apostle, we should abstain not only from evil, but also from all
appearance of evil [1 Thess. 5:22]. For it is written: "Cursed be the
man that trusteth in man, and maketh flesh his arm" [Jer. 17:5]. On the
foregoing grounds, then, we decide that the youth should not at present
be given the empire; we utterly reject Philip for his manifest
unfitness, and we order his usurpation to be resisted by all. As to the
rest, we have commanded our legate to persuade the princes either to
choose some suitable person or to refer the matter to us for final
decision. If they cannot come to a decision, since we have waited long,
have frequently urged them to agree, have instructed them as to our
desires by letters and legates [we shall take the matter into our own
hands], that we may not seem to foster discord, and that we may say with
Hezekiah: "There shall be peace and truth in my days" [Is. 39:8], and
that we may not be forced, like Peter, to deny the truth, which is
Christ, by following afar off, to see the end [Matt. 26:58]. But since
the affair will not brook delay, and since Otto is not only himself
devoted to the church, but comes from devout ancestors on both sides (on
his mother's side from the kings of England, and on his father's from
the dukes of Saxony, all of whom were faithful servants of the holy see,
especially his great-grandfather the emperor Lothar, who twice came down
to Apulia on behalf of the papacy and died in the service of the Roman
church), therefore we decree that he [Otto] ought to be accepted and
supported as king, and ought to be given the crown of the empire, after
the rights of the Roman church have been secured.
131. Treaty between Philip, King of Germany, and Philip II, King of
France, 1198.
M. G. LL. 4to, IV, 2, no. 1.
About 1200 Europe was divided into two hostile camps, as is apparent
from this and the following number. They also show the parties to this
struggle which culminated in the battle of Bouvines, 1214.
Philip, by the grace of God, king of the Romans, Augustus. Let all men
know that because of the love which existed between our father,
Frederick [I] and our brother, Henry [VI], emperors of the Romans, and
Philip, king of France, and for the sake of peace, and for the public
good, we have made the following peace with the said Philip, king of
France.
(1) We will aid him especially against Richard, king of England, and his
nephew, Otto [IV], and Baldwin of Flanders, and Adolf, archbishop of
Cologne, and against all his other enemies. We will aid him in good
faith and without treachery, whenever the opportunity is offered, if it
is not against our honor.
(2) If any of our subjects wrongs him, or his kingdom, we will warn him
to make reparation within forty days after we hear of it. If we are in
Italy, the bishop of Metz shall warn him. If he does not make good the
damage which he has inflicted on the king or his realm within the forty
days, the said king may take vengeance on him and we will aid him to do
so.
(3) We will not keep in our realm any vassal, whether lay or cleric, of
the king of France, contrary to the will of the said king.
(4) The said king, whenever he wishes, may take vengeance on the count
of Flanders, by attacking the lands of the said count which he holds in
the empire, whether they are fiefs or allodial lands.
(5) We promise in good faith that, if we learn that anyone is trying to
injure the king of France or his realm, we will try to prevent him from
doing so. If we cannot, we will inform the king of France about it....
132. Alliance between Otto IV and John of England, 1202.
M. G. LL. 4to, IV, 2, no. 25.
See introductory note to no. 131.
John, by the grace of God king of England, lord of Ireland, duke of
Normandy and Aquitaine, count of Anjou, etc. ... We wish all to know
that, in the name of the Lord Jesus Christ, we have made a league with
our beloved nephew, Otto, by the grace of God illustrious king of the
Romans, Augustus, for the purpose of guarding and defending his empire
and his rights, and of giving him faithful counsel and aid in
maintaining his rights. By this league all quarrels and differences
which existed between us have been settled and we have mutually pardoned
each other....
133. Concessions of Philip of Suabia to Innocent III, 1203.
Migne, 217, col. 295 ff; M. G. LL. folio, II, p. 208.
In the beginning of the war between Philip of Suabia and Otto IV, it
seemed that Philip would easily be the victor. But things began to go
against him and toward the end of 1202, he secretly sent messengers to
the pope to see what terms he could secure. Innocent was at least
willing to negotiate and sent Martin to him to discuss the situation. In
the presence of Martin, Philip drew up the concessions which he was
willing to make. These concessions were not sufficient for Innocent,
and, besides, Otto IV began to have greater success in the field against
Philip. So Innocent repudiated what Martin had done and gave his support
to Otto again. But the success of Otto was brief. In 1204-5, Philip
began to prevail over Otto, who soon found himself without support. Then
Innocent, deserting Otto for his more successful rival, renewed the
negotiations with Philip. In 1208 they agreed to a treaty, but its terms
were not made public, and the negotiations were not entirely completed
when Philip was murdered.
I, Philip, king of the Romans, Augustus, etc. Before Martin,
Camaldolensian prior, and brother Otto, monk of Salem, came to me to
negotiate about making peace with the church, I had already vowed to God
and to his saints to go across the sea to liberate the land of promise
from the cruelty of the Gentiles [Turks]; and again after they came and
told me of the peace negotiations and of the concessions which the pope
was willing to make, I vowed and promised to God and to his saints and
to the said prior and brother, representatives of the pope, that, at a
suitable time, in good faith and without fraud, I would go on a crusade,
to the support of the church and of the empire, and do all I could to
liberate the said land. The following persons were witnesses of my vow:
Diethelm, bishop of Constance, etc. Besides, I promised that I would do
all the following things: I will restore to all churches all the
possessions which my predecessors, or I, have unjustly seized or held,
and I will no longer disturb them in their possessions. I will cease
from all the abuses which my predecessors have practised toward the
church, as for example, when a bishop or abbot dies, I will not seize
his possessions [_spolia_]. I will permit the elections of bishops and
other prelates to take place in a canonical way, and I surrender control
in spiritual matters to the pope. With the help of the pope I will
endeavor, as far as my imperial office will permit, to subject all
independent monasteries to some one of the regular orders, such as the
Cistercian, Camaldolensian, or Premonstratensian. And I will try to
compel the clergy as well as the monks to lead a decorous life, such as
is becoming to their profession. As far as I can, I will compel
advocates and patrons of churches to cease from oppressing the churches
with exactions, such as _angariæ_ and _parangariæ_.{75} If God shall
subject the empire of the Greeks to me or to my brother-in-law, I will
subject the Greek church to the Roman church. I will always be a
faithful and devoted son and defender of the Roman church. I will make a
general law and cause it to be observed always and everywhere in my
empire that whoever shall be excommunicated by the pope shall be under
the ban of the empire. Furthermore, in order that this league of peace
and friendship between the pope and me may be observed forever, and that
all grounds for suspicion may be removed, and that he may always be to
me a most gracious father and I a most faithful son to him, I will give
my daughter to his nephew in marriage, and any other members of my
family, male or female, I will cause to be joined in marriage to members
of his family, as the pope may desire. I will make full satisfaction to
God and to the church for all my offences, as the pope may command.
These things were done in the presence of the bishop of Constance, etc.
{75} See no. 103, note 73.
134. Promise of Frederick II to Innocent III, 1213.
Migne, 217, cols. 301 ff.
The powerful personality of Innocent III impressed itself deeply on the
young king, Frederick II. The boy was truly devoted to Innocent, who was
his guardian, and was willing to do whatever the pope required of him.
In 1213 he wrote the following letter to Innocent in which he concedes
practically everything for which the popes had been struggling. If the
emperor had kept these promises, there would have been no further
contest between the papacy and the empire. But as he grew older, and
became conscious of his position, and learned what the imperial claims
were, he gradually reasserted them and so renewed the conflict which
ended in the destruction of his family.
In the name of the holy and undivided Trinity. Frederick II, etc.... To
you, most holy father, and to all your successors, and to the holy Roman
church, who has been a true mother to us, with a humble heart and devout
spirit we will always show all obedience, honor, and reverence, such as
our ancestors, catholic kings and emperors, have shown your
predecessors. And in order that our devotion to you may be shown to be
greater than theirs we will pay you greater obedience, honor, and
reverence than they did. Wishing therefore to abolish that abuse which
some of our predecessors are said to have practised, we grant that the
election of bishops may be free and canonical, so that he whom the whole
chapter, or the majority of it, may elect may be established over the
vacant church, provided there is nothing in the canon law against his
election. Appeals in all ecclesiastical matters may freely be made to
Rome, and no one shall attempt to interfere with them. We also will
cease from that abuse which our predecessors practised, and will no
longer seize the property [_spolia_] of deceased bishops or of vacant
churches. Jurisdiction in all spiritual matters we yield to you and the
other bishops, that those things which are Cæsar's may be rendered to
Cæsar, and those which are God's to God. Moreover we will give our best
help and aid in the destruction of heresy. We grant to the Roman church
the free and undisturbed possession of all those lands which she has
recovered from our predecessors who had despoiled her of them. If there
are any such lands which she has not yet succeeded in recovering, we
will, with all our strength, aid her to recover them; and if any of them
shall fall into our hands we will freely restore them to her. In this we
understand that the following lands are included: All the land from
Radicofano to Ceperano, the march of Ancona, the duchy of Spoleto, the
land of the countess Matilda, the county of Bertinoro, the exarchate of
Ravenna, the Pentapolis, with the other lands lying adjacent to them, as
described in many documents given by kings and emperors from the time of
Ludwig, in which it is said that these lands shall belong forever to the
jurisdiction and control of the Roman church. And whenever we shall be
called by the pope to come and receive the imperial crown or to render
any service to the church, we will receive from them _fodrum_ and other
entertainment only as the pope shall give his consent. As a devoted son
and catholic prince we will aid the Roman Catholic church to keep and
defend the kingdom of Sicily and all other rights which she
possesses....
135. Promise of Frederick II to Resign Sicily After his Coronation as
Emperor, 1216.
Migne, 217, cols. 305 f; M. G. LL. folio, II, pp. 228 f; Böhmer-Ficker,
no. 866; Doeberl, V, no. 13 b.
The pope had with difficulty succeeded in maintaining his ownership of
Sicily. Now a new danger was threatening. He feared that, if Sicily
should be held by the emperor, it would lead to the revival of the
imperial claims to Sicily. In order to prevent this he persuaded
Frederick II to promise that as soon as he should be crowned emperor he
would resign Sicily to his little son, Henry.
To his most holy father in Christ, Innocent, bishop of the holy Roman
church, Frederick, by the grace of God and of Innocent king of the
Romans, Augustus, and king of Sicily, offers due obedience in all
things, and reverence with filial subjection.
Desiring to provide for the welfare of both the Roman church and the
kingdom of Sicily, we firmly promise that as soon as we shall be crowned
emperor we will release from our paternal authority our son Henry, whom
we, at your command, have had crowned king [of Sicily], and we will
entirely relinquish all the kingdom of Sicily on both sides of the
strait [of Messina] to be held by him from the Roman church alone, just
as we have held it from her. From that time we will neither regard nor
call ourselves king of Sicily, but until our son becomes of age we will
have the kingdom ruled by some suitable person who shall in all respects
be subject to the Roman church, because the government of that kingdom
is known to belong to her. We promise to do this because, if we should
become emperor and at the same time be king of Sicily, it might be
inferred that the kingdom of Sicily belonged to the empire. And such an
inference would do injury to the Roman church as well as to our heirs.
In order that this our promise may be carried into effect we have caused
a golden seal to be affixed to this document.
136. Concessions of Frederick II to the Ecclesiastical Princes of
Germany, 1220.
M. G. LL. folio, II, pp. 236 f; Böhmer-Ficker, no. 114; Doeberl, V, no.
14.
Frederick II had agreed that Sicily and Germany should never be held by
the same person, but in 1220 he was scheming to have his son Henry [VII]
elected and crowned king of Germany. Now Henry [VII] was already king of
Sicily. If he were to be elected king of Germany, he would, in
accordance with his father's oath, be compelled to resign the crown of
Sicily. But this Frederick did not intend that he should do. Frederick's
pretext for having his son made king of Germany was that he could not go
on a crusade without leaving his son as king to care for the government
of Germany in his absence. His real purpose was to evade his oath to the
pope and secure both crowns in the possession of his family. In spite of
the protests of the pope, Frederick secured the election and coronation
of his son. He bought the aid of the German clergy by granting them
large regalian rights. These concessions which he made to the clergy
bought their support for the moment and made it impossible for the pope
to proceed to extreme measures against him for having his son crowned
king of Germany, contrary to his oath. The policy which Frederick
followed here was ruinous to the German crown. He made of each
ecclesiastical prince a little king in fact, though not in name, thus
stripping the crown of its rights and powers. For the logical and
ruinous effects of this policy on the royal power, see the Golden Bull,
no. 160.
In the name of the holy and undivided Trinity. Frederick II, by the
grace of God king of the Romans, Augustus, and king of Sicily.
We bear in grateful remembrance the fidelity of the ecclesiastical
princes to us, and their help in raising us to the empire, and
supporting us in that station, and in electing our son Henry as king,
and we propose to promote their interests as they have promoted ours,
and to support them as they have supported us.
Therefore since certain injurious customs, or rather abuses, have grown
up during the long conflicts of the empire (which now by the favor of
God have ceased), in the way of new tolls, the minting of coins which
led to confusion by their similarity to existing coins, private wars of
advocates, and other evils without number, we now remove these abuses by
the following decrees:
1. We promise that we will never henceforth lay claim to the personal
property of a prelate at his death [the right to the _spolia_], but
that, if a prelate dies intestate, his possessions shall go to his
successors, and that no layman shall lay claim to them on any pretext
whatsoever. If the prelate made a will it shall be valid in the law.
2. We will never grant any new tolls or new mints within the territory
or jurisdiction of any one of the princes except by his consent and
desire. We will preserve and defend the ancient tolls and mints which
have been granted to their churches, neither infringing these rights
ourselves nor permitting anyone else to do so. We forbid anyone to
cheapen or confuse the coinage of the princes by making coins of similar
appearance.
3. We will never admit to citizenship in our cities the subjects of any
of the ecclesiastical princes, who have left the services of their lord
for any cause. We desire that the same consideration be shown by the
ecclesiastical princes to one another, and by the lay princes to the
ecclesiastics.
4. We forbid advocates to injure the property of churches committed to
their care. If they do so they shall restore the damage twofold, and pay
100 marks of silver to the royal treasury as a fine.
5. If the vassal of any of the ecclesiastical princes has been convicted
of offence against his lord by feudal law and has been ejected from his
fief, we will protect the lord in his retention of the fief, and if he
wishes to give the fief to us we will accept it without regard to the
love or hate of anyone. If the fief of an ecclesiastical lord has become
vacant by the above process or by the death of the holder, we will never
lay claim to it unless it is given to us by the will and desire of the
lord, and we will defend him in his possession of it.
6. If any of the ecclesiastical princes has excommunicated anyone and
has notified us of this by word of mouth or letter or by reliable
messengers, we will refuse to have any dealings with the excommunicated
person. Such a person shall be deprived of his rights before the law,
this deprivation not freeing him from the obligation of answering the
accusations against him, but destroying his right to bear testimony or
give judgment, or to bring suit against others.
7. And since the secular sword is intended to support the spiritual
sword, we declare that our ban shall follow upon the excommunication
pronounced by an ecclesiastical prince, if the excommunicated person is
not absolved within six weeks; the ban of the empire shall not be
revoked until the excommunication is withdrawn.
8. We have promised also to support and defend the princes by our
authority in all cases, and they have promised on their faith to aid us
to the best of their ability against any man who resists our authority.
9. We decree also that no buildings, castles, or cities shall be erected
upon ecclesiastical lands through the interests of the advocate or
through any other pretext. If such are erected without the consent of
those to whom the lands belong they shall be destroyed by the royal
authority.
10. Following the example of our ancestor, the emperor Frederick of
blessed memory, we forbid any of our officials to claim jurisdiction in
the matter of tolls, mints, or other rights, in any of the cities of the
ecclesiastical princes, except during the time of the public diet and
eight days before and eight days after. During that time the officials
of the emperor shall exercise jurisdiction in accordance with the
customs of the city and the laws established by its prince. If we come
into any of their cities at any other time, we will not exercise any
rights in it, but the authority of the prince or the lord of the city
shall continue unimpaired.
11. Finally, since the acts of men are wont to sink into oblivion
through the lapse of time, we hereby decree that these benefits and
privileges shall be perpetually granted to the churches, and that our
successors shall preserve them and enforce them on behalf of the
church....
137. Decision of the Diet Concerning the Granting of new Tolls and
Mints, 1220.
M. G. LL. folio, II, p. 237; Böhmer-Ficker, no. 1118; Doeberl, V, p.
150.
The ecclesiastical princes promptly demanded that the emperor's
concessions to them (no. 136) be put into force. To illustrate the
effect of his grant, we give two documents, one in response to
complaints about some new tolls established by the count of Gelder, the
other to the patriarch of Aquileia who had presented a long list of
grievances for redress. Frederick revoked the charter which he had given
the count of Gelder and gave the patriarch a charter confirming him in
the possession of many regalian rights (no. 138). This latter document
shows that the patriarch was in the possession of a high degree of
sovereignty. It also throws light on the movement in the cities, which
were throwing off the rule of their lords and establishing local
self-government (see section X).
Frederick, etc. We wish all to know that while we were holding a diet at
Frankfort the following decision was rendered with the consent of the
princes, namely: That we have not the right to empower anyone to
establish new tolls or mints to the damage or disadvantage of another.
Since we have heard many complaints about the tolls and mint which the
count of Gelder has established, as he says, with our permission, we
inform you all that we do not grant him the permission for these tolls
and this mint. We forbid him to interfere in any way with the tolls at
Arnheim, or Oesterbeke, or Lobith, or in any other place on the Rhine,
or with any mint. We do this regardless of the fact that he says he has
our permission, and regardless of any letters, from us or any of our
predecessors, which he may have.
138. Frederick II Gives a Charter to the Patriarch of Aquileia, 1220.
Böhmer-Ficker, no. 1252; Doeberl, V, pp. 150 ff.
See introduction to no. 137.
Frederick II, etc.... We wish all to know that in a full diet a decision
was rendered by our princes that (1) the patriarch of Aquileia has the
authority to take whatever action he wishes in regard to establishing a
market in any of the cities, towns, villages, and in all other places,
where he has jurisdiction. (2) He may put under the ban any of his
subjects, and also release them from it. (3) The cities, towns, and
villages, which are under his jurisdiction, have no right to elect their
rulers, or consuls, or rectors, contrary to the will of the patriarch.
(4) No city, commune, or organization of any kind, whether lay or
cleric, over which the said patriarch has jurisdiction, has the right to
interfere with the bishopric after the death of the bishop, or with any
of the things which belong to the bishopric. (5) No one has the right to
establish new tolls, mints, or markets, in the lands over which the
patriarch has jurisdiction, without his consent. (6) No one shall build
mills on any of the streams without his consent. (7) No official shall
confer freedom on anyone, or sell or alienate any vineyards, fields,
meadows, roads, or anything else which belongs to the regalia, without
the patriarch's consent. (8) The Venetians have no right to levy a tax
on the lands or anything else belonging to the patriarch, or to compel
his vassals to take an oath of fidelity to them. (9) No one under the
jurisdiction of the patriarch, whether free, vassal, or ministerial, has
the right to make a league or alliance without the consent of the
patriarch. If any such league is made, it is invalid and the parties to
it shall be proscribed. (10) No one has the right to establish new
cities, towns, or markets, on land which is under the jurisdiction of
the patriarch, without his consent.
139. Statute of Frederick II in Favor of the Princes, 1231-2.
M. G. LL. folio, II, pp. 291 ff; Böhmer-Ficker, no. 1965; Doeberl, V,
no. 17.
Henry [VII], being a mere child when he was crowned, was under the
control of regents until 1229, when he began to rule in his own name.
But he fell under the influence of princes who persuaded him to grant
them many regalian rights. When Frederick II came into Germany, 1231,
the princes asked him to confirm the grants which his son had made them.
He consented to do so and the following document was given them. Like
the grant to the ecclesiastical princes in 1220, it diminished the
rights of the crown and increased the independence of the princes.
In the name of the holy and undivided Trinity. Frederick II, by divine
mercy emperor of the Romans, Augustus, king of Jerusalem, king of
Sicily.
(Introduction stating the occasion for the statute, which confirms the
grants of his son Henry.)
1. No new castles or cities shall be erected by us or by anyone else to
the prejudice of the princes.
2. New markets shall not be allowed to interfere with the interests of
former ones.
3. No one shall be compelled to attend any market against his will.
4. Travellers shall not be compelled to leave the old highways, unless
they desire to do so.
5. We will not exercise jurisdiction within the ban-mile of our cities.
6. Each prince shall possess and exercise in peace according to the
customs of the land the liberties, jurisdiction, and authority over
counties and hundreds which are in his own possession or are held as
fiefs from him.
7. Centgrafs shall receive their office from the prince or from the
person who holds the land as a fief.
8. The location of the hundred court shall not be changed without the
consent of the lord.
9. No nobleman shall be amenable to the hundred court.
10. The citizens who are known as _phalburgii_ [_i.e._, persons or
corporations existing outside the city, but possessing political rights
within it] shall be expelled from the cities.
11. Payments of wine, money, grain, and other rents, which free peasants
have formerly agreed to pay [to the emperor], are hereby remitted, and
shall not be collected henceforth.
12. The serfs of princes, nobles, ministerials, and churches shall not
be admitted to our cities.
13. Lands and fiefs of princes, nobles, ministerials, and churches,
which have been seized by our cities, shall be restored and shall never
again be taken.
14. The right of the princes to furnish safe-conduct within the lands
which they hold as fiefs from us shall not be infringed by us or by
anyone else.
15. Inhabitants of our cities shall not be compelled by our judges to
restore any possessions which they may have received from others before
they moved there.
16. Notorious, condemned, and proscribed persons shall not be admitted
to our cities; if they have been, they shall be driven out.
17. We will never cause any money to be coined in the land of any of the
princes which shall be injurious to his coinage.
18. The jurisdiction of our cities shall not extend beyond their
boundaries, unless we possess special jurisdiction in the region.
19. In our cities the plaintiff shall bring suit in the court of the
accused.
20. Lands or property which are held as fiefs shall not be pawned
without the consent of the lord from whom they are held.
21. No one shall be compelled to aid in the fortifying of cities unless
he is legally bound to render that service.
22. Inhabitants of our cities who hold lands outside shall pay to their
lords or advocates the regular dues and services, and they shall not be
burdened with unjust exactions.
23. If serfs, freemen subject to advocates, or vassals of any lord,
shall dwell within any of our cities, they shall not be prevented by our
officials from going to their lords.
140-142. Treaty of San Germano, 1230.
140. The Preliminary Agreement.
Huillard-Bréholles, Hist. Dipl. Fred. II, III, pp. 210 f;
Böhmer-Ficker, no. 1799; Doeberl, V, no. 16 d.
The chief cause of the first quarrel between Frederick and the pope was
Frederick's refusal to keep his vow to go on a crusade. In 1215, on the
day he was crowned king, he vowed to make a crusade, and again in 1220,
when crowned emperor, he renewed the vow. For various reasons he several
times put off going. Each time the pope was deeply disappointed, but
eventually accepted the emperor's excuses. Again in 1225 he renewed his
vow and set the time of his departure in August, 1227. But the pope had
lost confidence in Frederick, as well as his patience. He stipulated
that if the emperor did not keep his word, he should be excommunicated.
Frederick sailed Aug. 8, 1227, but returned to land two days later. On
this account Gregory IX excommunicated him, Sept. 29, 1227. Frederick
published an apology for his conduct and called a crusade to take place
the following May. Without seeking to have the excommunication removed,
he sailed in June, 1228. For this the pope renewed the excommunication.
While Frederick was absent in Palestine, his imperial vicar in Italy
came into actual conflict with the papal officials about matters of
government. When Frederick returned from Palestine in 1230, the pope was
hardly prepared to carry on the war. So through the intercession of
various princes the peace of San Germano was brought about. The
preliminary agreement is found in no. 140. The papal stipulations are
contained in no. 141. In order to convince the pope of his good
intentions and to renew friendly relations with him, Frederick made him
a visit soon after the peace was established. The pope wrote a friend an
account of this visit, which is found in no. 142.
In the name of the Lord, amen. Bertold, patriarch of Aquileia; Eberhard,
archbishop of Salzburg; Siegfied, bishop of Regensburg; Leopold, duke of
Austria and Styria; Bernard, duke of Carinthia; Otto, duke of Meran; by
the grace of God princes of the empire. Know all people by this writing
that our mother the holy Roman church, and our lord, Frederick, emperor
of the Romans, Augustus, king of Jerusalem and Sicily, have agreed to
enter into negotiations for the purpose of discovering some means by
which the cities of Gaeta and Sant' Agatha and other cities of Sicily
which have gone over to the church may be restored to the empire without
detracting from the honor of the church. The time within which these
negotiations shall be completed is limited to one year, and the church
promises to do all in her power to discover the means of arranging the
transfer within that time. If, however, no agreement is reached within
the year, the church and the empire are to appoint each two
representatives who shall try to reach a settlement. If they are unable
to agree, they shall choose a fifth person, and the majority shall
decide. The emperor has caused Thomas, count of Acerra, to swear for him
that he, the emperor, will not molest the said lands and persons nor
permit them to be molested during the course of the negotiations, and
that he will accept the terms agreed upon by the holy Roman church and
the emperor or by their respective representatives. Know also that the
emperor has pardoned the Germans, Lombards, Tuscans, Sicilians, French,
and all others who adhered to the church party against him, and has
caused the count of Acerra to swear for him that he will never molest
them nor allow them to be molested on account of the assistance which
they gave the Roman church against him, but that he will keep true peace
with them and with the church. The emperor also remits all sentences,
decrees, and bans issued by him or by anyone else because of this
quarrel. He promises also that he will not invade or waste the lands of
the church in the duchy [of Rome] or the march [of Ancona], as set forth
in other documents under the imperial seal. We have pledged ourselves on
the holy gospels to see to it that the emperor does not violate these
conditions. If he does, after allowing him a certain time to make
satisfaction (namely: three months in Sicily, four months in Italy, and
five months outside of Italy), we will assist the church at her request
against him until he shall make satisfaction. If the emperor fails to
appoint representatives or prevents them from going to the conference,
we will hold ourselves bound to assist the church, as said above. But if
the church refuses to appoint representatives or prevents them from
attending the conference we shall not be bound by this oath.
141. Papal Stipulations in the Peace of San Germano, 1230.
Huillard-Bréholles, III, pp. 218 f; Böhmer-Ficker, no. 1817; Doeberl,
pp. 66 f.
See introductory note to no. 140.
We, John, by the grace of God Sabine bishop, and Thomas, cardinal priest
of the title of Santa Sabina, legates of the apostolic see, by the
authority of the pope, make the following demands of the emperor. 1. He
shall not prevent free elections and confirmations in the churches and
monasteries of the kingdom. 2. He shall make satisfaction to the counts
of Celano and to the sons of Rainald of Aversa, according to the terms
of the agreement, in those things for which the church became security.
3. Likewise he shall make satisfaction to the Templars and Hospitallers
and other ecclesiastical persons, for the property which he has taken
from them, and the injuries and losses which he has inflicted upon them,
and the terms of this satisfaction shall be fixed later by the church.
4. Likewise for eight months from the day of his absolution he shall
furnish suitable persons under oath as security to the church. The
church will name these persons from among the princes, counts, and
barons of Germany, and the communes of Lombardy, Tuscany, the mark, and
Romagnola, and the marquises, counts, and barons of those territories,
and they shall stand as security to the church for the conduct of the
emperor. If he does not obey the commands of the church, or breaks the
peace, or seizes or devastates the land of the church or of her vassals,
they shall aid the church against him. The church will not proceed
against him at once if he commits a wrong. But if he is in the kingdom
of Sicily, he may have three months; if he is in Italy, he may have four
months; if he is outside of Italy, he may have five months, in which to
make good any wrong he may do. Those who are security for the emperor
shall give the church sealed documents containing their promise to aid
her. The emperor shall, within fifteen days, send a messenger to the
papal court to receive the names of those whom the church wishes as
security. All the above things are stipulated. But we leave it to his
honor to fulfill all that he has promised about the crusade, and to obey
the church in this matter. If through preoccupation or inattention we
have omitted anything which we should have included in the above
stipulations, the pope shall have the right to add it.
They also declared that the pope wished to be reimbursed for all the
expenses to which the church had been put outside of the kingdom in
preserving her liberties and the patrimony of St. Peter.
The legates also pronounced a sentence of excommunication on the emperor
which should go into effect at once if the emperor should fail to
observe any of the above stipulations....
142. Letter of Gregory IX about the Emperor's Visit to him after the
Peace of San Germano, 1230.
Huillard-Bréholles, III, p. 228; Böhmer-Ficker-Winkelmann, no. 6818;
Doeberl, V, no. 16 f.
See introductory note to no. 140.
Gregory, etc. Since we know that you, as an especially dear son, are
pleased to hear good news about us, we have determined to inform you by
letter of the good fortune which has befallen us in the last few days.
The other day [Sept. 1] our most dear son in Christ, the illustrious
emperor of the Romans [Frederick II], came with great pomp and a
magnificent retinue to visit us. He manifested a devotion which was
truly filial. His humility before us and his reverence for us as the
vicar of St. Peter, the prince of the apostles, were as great as any of
his predecessors have shown to any of ours. As an evidence of his favor
and of his attitude toward us, the next day after his arrival he came to
see us in our own home, not with imperial ceremony, but, as it were, in
the simplicity of a private person. He took dinner with us and we were
surprised and delighted with his kindness and devotion. The day was
rendered joyful and memorable by the pleasure which we both received
from taking dinner together. After dinner we talked and laughed about
all sorts of matters, and we discovered that he was quite ready to obey
our wishes in all respects, in regard both to religious matters and to
the patrimony of St. Peter. By this we were greatly comforted in the
Lord, and we thought that we ought to let you, first of all, share in
our comfort and joy. We hope you will make this known to all those about
you. We command you to make it known to our subjects in Campania and to
encourage them to remain faithful to St. Peter and to us. Strengthen
them as much as you can, and urge them to be constant and courageous. As
we have told you of the promises of Frederick, we shall keep you
informed of the way in which he fulfils them.
143-144. The Final Struggle between Gregory IX and Frederick II.
143. Papal Charges and Imperial Defence, 1238.
Huillard-Bréholles, V, p. 249; Böhmer-Ficker, no. 2401; Doeberl, V, no.
22 e.
The peace of San Germano was not kept long. The fundamental principles
of pope and emperor conflicted with each other. No peace between them
could be lasting so long as the primary question of supremacy was not
settled. Frederick soon began to put forth imperial claims in various
matters, and the pope resisted them. The struggle grew more and more
bitter and they both came into such a state of mutual exasperation and
irritation that any trifle brought forth long complaints and sharp
reproofs. Of the many vigorous documents which concern their final break
we give only two. Gregory wrote to certain bishops ordering them to take
the emperor to task on a long list of charges. They did so, and the
emperor refuted them, charge by charge. These papal charges and imperial
denials are given first. Gregory was not convinced by the emperor's
answers. The document by which he excommunicated Frederick is given in
no. 144.
To the most holy father in Christ, Gregory [IX] by the grace of God
pope, his devoted bishops of Würzburg, Worms, Vercelli, and Parma,
humbly commend themselves and offer due and sincere reverence.
We reverently received your letter in which you ordered us to
remonstrate with our lord the Roman emperor [Frederick II] about certain
matters, a list of which was enclosed in your letter. Although we
hesitated to do so because we are his subjects and were not sure that he
would patiently receive our remonstrances, nevertheless we reverently
went to him and set forth all the things which were contained in your
letter to us and also in the large number of letters which you had
written to him. God who rules and directs the hearts of kings as he will
brought it about that he granted us an audience and listened to our
words with great readiness and humility. He also called together the
venerable archbishops of Palermo and Messina, the bishops of Cremona,
Lodi, Novara, and Modena, and the abbot of San Vincenzo, and a great
number of friars, both Dominicans and Franciscans, and in the presence
of us all he responded to each one of the charges in their order as is
set forth below. And in accordance with your command, we send you a
faithful statement of his answers.
1. _The papal charge._ The churches of Monreale, Cefalu, Catania, and
Squillace, and the monasteries of Mileto, Santa Eufemia, Terra Maggiore,
and San Giovanni in Lamæ, have been robbed of almost all of their
possessions. Likewise nearly all bishoprics, churches, and monasteries
have been unjustly deprived of their liberties and prerogatives. _The
emperor's answer._ In regard to the complaints of the churches, which
are stated in a general way, orders have been given that certain things,
done in ignorance, should be corrected at once; and others have already
been corrected by our faithful messenger and notary, William de Tocco.
He was sent especially for this purpose and he was ordered to go first
to the papal court, and, after consultation with the archbishop of
Messina, to follow his counsel in revoking all the things which he found
were done unjustly. He had scarcely entered the kingdom when he found
certain lands in the possession of members of the imperial family
[ministerials]. He dispossessed them and restored the lands to their
former owners. If he should find any lands were held illegally by the
emperor, he was ordered to restore them to their owners. And when the
pope learned of what he had done he approved the emperor's action in
sending him and the diligence of the messenger. Since the kingdom is
divided into several provinces, the messenger has not yet been able to
go through them all. Hence his work is not yet done, and there are still
some things to be corrected. In regard to the church of Monreale, the
emperor declared that it had not suffered anything through him, unless
it wished to hold him responsible for the devastations committed by the
Saracens who had ravaged its lands. But they recognize neither the
emperor nor the church. Nor had they spared anyone or anything. They had
devastated the land clear up to the walls of the church, and they had
spared no Sicilian. In fact, they had left scarcely a Christian alive in
all that territory. The emperor declares that with great difficulty and
expense he has exterminated them from Sicily. If he has done the
churches a wrong in this, it is at least his only one. Nor has he tried
to injure them.
In regard to the church at Cefalu, the emperor said that he had done no
wrong, because the kings of Sicily have always held the castle of
Cefalu, which is a strong citadel in the mark of the Saracens, and
commands the sea. In the days of Innocent III the bishop of Cefalu had
got possession of it, not legally but through an uprising. But Innocent
ordered his legate who was then in Sicily caring for the interests of
Frederick, who was still a child, to take the castle from the bishop and
have it kept for Frederick until he should come of age. It has not been
restored to the bishop nor should it be, because he has no right to it.
Even if he had a right to it, it should not be restored to him, because,
according to common report, he is a forger, a homicide, a traitor, and a
schismatic. Therefore even if he had a right to it, it should not be
restored to him. In the same way he said he was innocent of the charges
about the church of Catania, unless he were held responsible for the
conduct of some of the men from the imperial domain, who, in time of
war, had gone to Catania to find a place that was secure and fertile.
The emperor said that he had recalled them to his domains by a general
edict of the realm, by which the counts, barons, and other men of the
realm recalled the men belonging to their domains, no matter where they
should find them, whether on the lands of the church or in the imperial
cities. Besides, in regard to these things, the statute was passed and
the time set at the request of the pope, as is clear from the letters of
the patriarch of Antioch and the archbishops of Palermo and Messina.
Likewise the emperor said that an equitable trade had been made with the
churches of Mileto and Santa Eufemia, and with the abbot and monks of
Terra Maggiore. This trade had been made with the permission of their
clergy and their convents, according to the legal form, and they to-day
hold and possess the things which they received in exchange. But the
village of San Severo was not wholly the property of the abbot of Terra
Maggiore, for another had certain rights there which he held as a fief
from the empire. It was justly condemned and destroyed, because the men
of that place in the time of an uprising had killed Paul de Logotheta,
the bailiff of the emperor, and seized the cattle of the emperor. And
yet the abbot and his monastery had received some land in exchange for
their share of this village which had been destroyed. In accordance with
a legal decision the place called Lamæ has been fortified by the abbot
of San Giovanni Rotundo, and according to both the civil and canon law,
suit about it must be brought against him in the imperial court.
2. _The papal charge._ The possessions, both movable and immovable,
which had been taken from the Templars and Hospitallers, have not been
restored to them in accordance with the terms of the agreement which was
made. _The emperor's answer._ It is true that by a legal process and in
accordance with an ancient law of the kingdom of Sicily, fiefs and
"burgher lands" have been taken from the said orders. But they had
received those lands from those who were invading the kingdom and waging
war on the emperor. Besides they furnished the king's enemies with
horses, arms, food, and wine, and all kinds of provisions, while
refusing to aid the emperor who was still a minor. But other fiefs and
burgher lands have been restored to them which they had acquired before
the death of William II [king of Sicily], or for which they had a grant
from some one of our predecessors. And some burgher lands which they had
bought have been taken from them in accordance with an ancient law of
Sicily, that without the king's consent no burgher lands shall be given
to the said orders or left to them as a legacy; but if such lands are
given them, they are bound to sell them within a year, a month, a week,
and a day, to some of the citizens. This law was passed long ago,
because if they were permitted to buy and accept burgher lands they
would in a short time possess the whole kingdom of Sicily, which they
like better than any other part of the world. And this law is valid
beyond the sea.
3. _The papal charge._ He does not permit vacant bishoprics and other
churches to be filled, and on this account the liberty of the church is
in danger and the true faith is perishing, because there is no one to
preach the word of God and care for souls. _The emperor's answer._ The
emperor wishes and desires that vacant bishoprics and other churches be
filled, but without infringement on the privileges and rights which his
predecessors have held. He has insisted less than his predecessors on
his privileges, and he has never opposed the filling of the vacant
churches.
4. _The papal charge._ In regard to taxes and exactions which are
extorted from churches and monasteries contrary to agreement. _The
emperor's answer._ Taxes and dues are assessed on the clergy and
ecclesiastical persons, not because of their ecclesiastical property,
but because of their fiefs and other possessions. And this is in
accordance with the common law and is practised everywhere all over the
world.
5. _The papal charge._ That prelates do not dare proceed against
usurers, because of an imperial edict. _The emperor's answer._ The
emperor has published a new general law against usurers, in accordance
with which they are condemned, and action may be brought against all
their possessions. And this law is read before all prelates, and they
are not prevented by it from proceeding against usurers.
6. _The papal charge._ That clergymen are seized, imprisoned,
proscribed, and killed. _The emperor's answer._ He knows nothing about
any clergymen who have been seized and imprisoned, except that some have
been condemned by the decision of prelates, according to their crimes.
These have been surrendered to the imperial officials who have seized
them. He knows nothing about clergymen who have been proscribed except
that some have been charged with the crime of _lèse majesté_ and have
been proscribed from the kingdom. He knows nothing about any clergymen
who have been slain except those who were slain by other clergymen. The
church of Venusa is mourning the death of its prelate who was killed by
one of his monks. In the church of San Vincenzo one monk killed another.
But the monks and the clergy commit such crimes with impunity, and it is
the fault of the church that they escape all canonical punishment.
7. _The papal charge._ Churches which are consecrated to the Lord are
profaned and destroyed. _The emperor's answer._ He knows nothing of such
churches, unless the pope means the church of Luceria; but it is said to
have fallen down of itself because of its great age. And the emperor
will not only permit it to be rebuilt, but he will give a good sum to
the bishop for its reconstruction.
8. _The papal charge._ That he does not permit the church of Sorana to
be rebuilt. _The emperor's answer._ He will permit the church of Sorana
to be rebuilt, but not the town. It shall not be rebuilt as long as he
lives, because it was destroyed in accordance with a legal decision.
9. _The papal charge._ That contrary to the agreement those who had
supported the church in the time of struggle between the pope and
emperor have been robbed of their goods and driven out of the country.
_The emperor's answer._ Those who adhered to the church in the time of
the struggle against the emperor are living in security in the kingdom,
except those who held some office and are afraid that they will be
compelled to give an account of it, and some others who have left the
kingdom to escape civil and criminal charges. The emperor will permit
them to come back in safety if they will give an account of their
conduct in office and respond to those who have entered suit against
them. But he will do nothing against them for having adhered to the
church. If the pope complains that the treaty of peace has not been
kept, let him remember that contrary to its terms and to the judgment of
nearly all the friars, he is holding the city of Castella. For keeping
this city to the detriment of the empire he is receiving money, although
the emperor has expended more than 100,000 silver marks in aiding him
against the Romans. From this the church has received great advantages,
for land has been taken from the Romans and restored to the church and
her liberties have been recovered and reformed in Rome through the help
of the emperor.
10. _The papal charge._ That he has seized and now holds imprisoned the
nephew of the king of Tunis who wished to come to the pope to receive
baptism. _The emperor's answer._ That the nephew of the king of Tunis
was fleeing from Barbary to Sicily, not to receive baptism, but to
escape his uncle who was threatening him with death. He is not held
captive but is going about freely in Apulia, and although he is often
urged to be baptized, he steadfastly refuses. If however he wishes to be
baptized, the emperor will receive him with rejoicing. He has already
expressed himself in regard to this to the archbishops of Palermo and
Messina.
11. _The papal charge._ That the church is humiliated and insulted by
the fact that Peter Saraceno, her faithful subject, and friar Jordan are
held captive. _The emperor's answer._ Peter Saraceno has been seized
because he is an enemy and detractor of the emperor. He has attacked the
emperor in Rome as well as elsewhere. He did not come on the business of
the king of England, but he carried a letter of the king in order that
if he were arrested we might be led to spare him. But we did not heed
this letter because the king did not know what snares this man had
prepared for us. In regard to the friar Jordan, although he had defamed
the emperor in his sermons, the emperor neither seized him nor ordered
him to be seized. But because some of the emperor's faithful subjects
knew the friar's character and his trickery, and so were sure that if he
stayed in the mark of Treviso and in Lombardy, he would injure the cause
of the emperor, the emperor caused him to be set free and would have
given him over to the archbishop of Messina, if he had been willing to
submit to the said archbishop.
12. _The papal charge._ The emperor had stirred up sedition in Rome
against the church with the purpose of driving out the pope and his
cardinals, and, contrary to the privileges and rights of the pope, to
destroy the ecclesiastical liberties. _The emperor's answer._ The
emperor denies that he stirred up the sedition in Rome. But he has his
faithful subjects in Rome just as his predecessors, the Roman emperors
and kings of Sicily, had had. And sometimes at the election of senators,
the attempt was made to injure his subjects. Under these circumstances
he had assisted his subjects in their defence, and he would do so as
often as it should be necessary under similar circumstances. But when
the election of a senator took place harmoniously, there was no rioting,
as can be proved by the testimony of the archbishops of Palermo and
Messina.
13. _The papal charge._ That the emperor had ordered his subjects not to
permit the papal legate, the bishop of Preneste, to pass through their
territory. _The emperor's answer._ The emperor had never even dreamed of
giving such an order, although he might justly have done so, because the
bishop was his enemy. Although he had been sent by the pope as a
religious man on a religious errand, he had nevertheless at the command
of the pope, as he said, in a treacherous and wicked manner led a large
part of Lombardy to revolt against the emperor and had done all he could
to incite the Lombards to rebellion.
14. _The papal charge._ The cause of the crusade is delayed by him
through the quarrel which he has with certain Lombards, although the
church is ready to use all her powers to secure proper satisfaction from
the Lombards for what they have done against the emperor, and the
Lombards themselves are ready to make satisfaction. _The emperor's
answer._ He had often referred that matter to the church, but he had
never received any satisfaction. For the first time, the Lombards were
condemned to furnish 400 knights. But instead of sending them to aid the
emperor, as they should, the pope used them to make war on the emperor.
The second time, they were condemned to furnish 500 knights, but the
pope declared that they should not be sent to the aid of the emperor,
but that they should be sent on the crusade under the control and
protection of the pope and the church. But not even this was done. The
third time, at the request of the cardinals, the Sabine bishop and
_Magister_ Peter of Capua, the affair was again referred to the pope
exactly as the pope desired. But afterward the matter was never
mentioned again until the pope learned that the emperor, having been
deceived so many times about it, was preparing to lead an army from
Germany into Italy. And then the pope at once begged that the matter be
referred to him again. And although the emperor had so often been
deceived in submitting it to the pope, he nevertheless was willing to
submit it to him once more, but a time limit was set and it was
stipulated that it should be decided to the honor of the emperor and to
the advantage of the empire. But the pope was not willing to accept
these conditions, as may be proved by his letter, although he now says
that he was ready to decide the case in accordance with the rights and
honor of the empire. From this it is apparent that the pope's letters
are contradictory to each other. And let the pope not pretend that the
emperor, in trying to restore the rights of the empire in Italy, injured
the prospects of the crusade, for the letters which the emperor wrote in
answer to the kings of the world and to the crusaders in France, who had
chosen him as their leader, will show that he took charge of the crusade
and did not neglect it. He also wrote that he wished to conduct the
whole matter in accordance with the advice of the church.... Finally,
the emperor declared that since he had been absent from the kingdom and
did not know the exact condition of things, if anything had been done
injurious to the church, and had not yet been corrected, he would order
it to be set entirely right, and also because of the great general good
which would come if there were harmony between him and the church, he
would give the church any reasonable security that he would act in
harmony with her, and use all his powers and means for the honor and
advancement of the Christian church and for the preservation of her
liberties.
144. The Excommunication of Frederick II, 1239.
Huillard-Bréholles, Hist. Dipl., I, pp. 286 ff;
Böhmer-Ficker-Winkelmann, no. 7226 a; Doeberl, V, no. 22 f.
See introductory note to no. 143.
1. By the authority of the Father, Son, and Holy Spirit, and of the
blessed apostles Peter and Paul, and by our own authority, we
excommunicate and anathematize Frederick, the so-called emperor, because
he has incited rebellion in Rome against the Roman church, for the
purpose of driving the pope and his brothers [the cardinals] from the
apostolic seat, thus violating the dignity and honor of the apostolic
seat, the liberty of the church, and the oath which he swore to the
church.
2. We excommunicate and anathematize him because he ordered his
followers to prevent our brother, the venerable bishop of Preneste, the
legal legate, from proceeding on his mission to the Albigenses, upon
which we had sent him for the preservation of the Catholic faith.
3. We excommunicate and anathematize him because he has not allowed the
vacancies in certain bishoprics and churches to be filled, thereby
imperilling the liberty of the church, and destroying the true faith,
because in the absence of the pastor there is no one to declare unto the
people the word of God or to care for their souls....
4. We excommunicate and anathematize him because the clergy of his
kingdom are imprisoned, proscribed, and slain, and because the churches
of God are despoiled and profaned.
5. We excommunicate and anathematize him because he has not permitted
the church of Sorana to be rebuilt.
6. We excommunicate and anathematize him because he has seized the
nephew of the king of Tunis and kept him from coming to the Roman church
to be baptized.
7. We excommunicate and anathematize him because he has imprisoned Peter
Saraceno, a Roman noble, who was sent as a messenger to us by the king
of England.
8. We excommunicate and anathematize him because he has seized the lands
of the churches of Ferrara, Pigogna, and Bondenum, and the dioceses of
Ferrara, Bondenum, and Lucca, and the land of Sardinia, contrary to the
oath which he swore to the church.
9. We excommunicate and anathematize him because he has occupied and
wasted the lands of some of the nobles of his kingdom which were held by
the church.
10. We excommunicate and anathematize him because he has robbed the
churches of Monreale, Cefalu, Catania, Squillace, and the monasteries of
Mileto, Santa Eufemia, Terra Maggiore, and San Giovanni in Lamæ.
11. We excommunicate and anathematize him because he has robbed many
bishoprics, churches, and monasteries of his kingdom of almost all their
goods through his unjust trials.
12. We excommunicate and anathematize him because he has not entirely
restored to the Templars and Hospitallers the property of which he had
despoiled them, as he agreed to do in the treaty of peace.
13. Because he has extorted taxes and other payments from the churches
and monasteries of his kingdom contrary to the treaty of peace.
14. We excommunicate him and anathematize him because he has compelled
the prelates of churches and abbots of the Cistercian and of other
orders to make monthly contributions for the erection of new castles.
15. We excommunicate and anathematize him because he has treated the
adherents of the papal party as if they were under the ban, confiscating
their property, exiling them, and imprisoning their wives and children,
contrary to the treaty of peace.
16. We excommunicate and anathematize him because he has hindered the
recovery of the Holy Land and the restoration of the Roman empire.
We absolve all his subjects from their oaths of fidelity to him,
forbidding them to show him fidelity as long as he is under
excommunication. We shall admonish him again to give up oppressing and
injuring the nobles, the poor, the widows and orphans, and others of his
land, and then we shall proceed to act ourselves in the matter. For all
and each of these causes, in regard to which we have frequently
admonished him to no purpose, we excommunicate and anathematize him. In
regard to the accusation of heresy which is made against Frederick, we
shall consider and act upon this in the proper place and time.
145. Current Stories about Frederick II.
Selections from Matthew of Paris, Chronica Majora; Rolls Series, III,
pp. 520 f, p. 527; IV, pp. 474, 634 f; V, pp. 99 f.
A few passages from the chronicle of Matthew of Paris are offered to
illustrate the character of Frederick and to throw a little light on the
great struggle between him and the pope. The last paragraph is
particularly interesting because it indicates that the pope was becoming
conscious that he was meeting with national opposition. But he evidently
misjudged the strength of it. For after overcoming the empire, the
papacy was to succumb to the French king and be subservient to him for
seventy years. And the national opposition was to grow until it
culminated in the great rebellion which has had many stages but has
finally ended in the complete destruction of the temporal power of the
pope.
It was about this time [1238] that evil reports became current, which
blackened the reputation of the emperor Frederick. It was said that he
questioned the catholic faith and that he had made statements that
showed not only that he was weak in the faith, but that he was indeed a
heretic and a blasphemer. It is not right even to repeat such things,
but it is reported that he said there were three impostors who had
deceived the people of their time for the purpose of gaining control of
the world, Moses, Jesus, and Mohammed, and that he made certain absurd
remarks about the eucharist. It is incredible that any sane man should
have uttered such terrible blasphemy. His enemies also said that he
believed more in the religion of Mohammed than in that of Jesus Christ,
and that he kept certain Saracen women as his concubines. There was a
common complaint among the people that the emperor had for a long time
been allied with the Saracens, and that he was more friendly with them
than with Christians. His enemies, who were always trying to blacken his
character, attempted to prove these statements by many evidences;
whether or not they have sinned in doing this, He alone knows who knows
all things.... In this year [1239], while the emperor was spending the
winter in Italy, he recovered certain important islands in the
Mediterranean just off the shore of Pisa, the most important acquisition
being the greater and more valuable part of the island of Sardinia,
which belonged to the patrimony of St. Peter. The emperor, however,
asserted that it belonged of old to the empire, that it had been taken
from the empire illegally by occupation and other wrongful measures and
that he now restored it to the empire. He said: "I have sworn, as is
known to all the world, to recover the dispersed parts of my empire; and
I shall give my best efforts to carrying out my oath." So he sent his
son [Enzio], in spite of the prohibition of the pope, to receive in his
name that portion of the island that had surrendered to him ... [1245].
When Frederick heard that the pope had deposed him, he was terribly
enraged, and could scarcely contain himself for his wrath. Looking
fiercely on those who sat around him, he thundered forth: "That pope has
deposed me in his synod and has taken away my crown. Was there ever such
audacity; was there ever such presumption? Where are the chests that
contain my treasure?" And when these were brought and opened before him
at his command, he said: "See now whether my crowns are lost." Then
taking one of them and putting it on his head, he stood up, with a
threatening look, and spoke out in a terrible voice from the bitterness
of his heart: "I have not yet lost my crown, nor shall the pope and all
his synod take it from me without a bloody struggle. And has his
presumption been so boundless that he has dared to depose me from the
empire, me, a great prince, who have no superior, indeed no equal? So
much the better for my cause; for before this I was bound to obey him,
and to do him reverence, but now I am absolved from any obligation to
love or reverence him or even to keep peace with him." ... [1247]. When
Frederick heard of the acts of the papal legate in Germany, he was
bitterly enraged and sought everywhere for a means of wreaking vengeance
upon the pope. It was feared by some wise and thoughtful men that
Frederick in his wrath might turn apostate, or call in to his aid the
Tartars from Russia, or give the Sultan of Babylon, with whom he was on
the most friendly terms, the chance to overrun the empire with his pagan
hosts, to the destruction of all Christendom.... [1250]. Frederick
attempted to make peace with the pope, ... but the pope replied that he
would not restore the emperor to his former position on any such easy
terms, since he had been deposed and condemned by the general council of
Lyon. And some asserted that the pope desired above all else utterly to
crush Frederick, whom he called the great dragon, in order that he might
then destroy the kings of England and of France and the other Christian
kings (whom he spoke of as kinglets and little serpents), after he had
overawed them by making an example of Frederick, and thus be able to rob
them and their prelates at his pleasure.
IV. THE EMPIRE FROM 1250 TO 1500
146. Diet of Nürnberg, 1274.
M. G. LL. folio, II, pp. 399 ff; Altmann und Bernheim, no. 12.
When Rudolf was elected king in 1273, he found that he had a crown but
no income. For during the interregnum (1254-73) the German princes, both
lay and clerical, had seized all the crown lands and revenues. Rudolf
was glad to be king, but his private income was not sufficient to
support his new dignity. Besides, he was of a miserly disposition, and
was bent on getting all out of the office that he could, or at least on
making the office pay for itself. So he demanded the surrender of the
lands and revenues which had been seized. But no one was willing to give
them up. Since Rudolf was compelled to enter suit against each one, it
was necessary to have some disinterested person to act as judge in all
such cases. The diet decided that this office of judge belonged to the
count palatine.
As soon as the judge was decided on, Rudolf asked what he should do in
regard to these lands, and he was told that he must recover them.
Ottokar, king of Bohemia, had himself been a candidate for the crown,
and now refused to acknowledge the election of Rudolf. The diet decided
what should be done in the matter, and instructed Rudolf how he should
proceed against him.
Paragraphs 5-9 reveal to a certain extent the troubled condition into
which Germany had been brought by the interregnum.
1. During the meeting of the diet at Nürnberg, the princes came together
as a public court of justice, in the presence of the most serene lord,
Rudolf, king of the Romans, and attended by a large following of counts
and barons and a great multitude of nobles and common people. And first
the king asked them for a decision on the following question: who should
be judge in cases which involve imperial or fiscal property, and other
offences against the king or the realm, and in which the king of the
Romans makes accusation against a prince of the empire. It was decided
by all the princes and barons who were present that the count palatine
of the Rhine has, and has had from of old, the right to act as judge in
cases where the emperor or king accuses a prince of the empire.
2. The aforesaid count palatine then took his place as judge and the
king asked for a decision on this question: what might and should the
king do in regard to the property, now held by others, which the former
emperor Frederick [II] had held and possessed in peace and quiet before
he was deposed by the princes, and in regard to other imperial property
wrongfully withheld from the empire. It was decided that the king ought
to lay claim to such property and recover it; and that if anyone should
resist the king in his attempt to recover his own, he should use his
royal power to overcome this illegal resistance to authority and to
preserve the rights of the empire.
3. The king asked, in the second place, what the law was in the case of
the king of Bohemia, who had wilfully allowed more than a year and a day
to elapse from the day of the coronation [of Rudolf] at Aachen without
seeking to be invested with his fiefs by the king of the Romans. It was
decided by all the princes and barons that whenever anyone, by his own
neglect or contumacy and without just excuse, failed to seek investiture
of his fiefs within a year and a day, all his fiefs were forfeited by
the mere lapse of time.
4. In the third place, the king asked them how he should proceed to
punish the contumacy of the king of Bohemia. It was decided that the
count palatine of the Rhine should send a freeman to summon the king of
Bohemia to appear before the count palatine at a certain place and on a
certain day, which should be six weeks and three days from the day when
the decision was rendered, and to answer the accusation of contumacy
brought against him by the king. If the freeman who was chosen to carry
the summons swore that he did not dare appear before the king of Bohemia
or enter his lands because he had good grounds to fear personal injury,
it would then be sufficient for the diet to pass an edict summoning the
king of Bohemia and for the count palatine to proclaim this summons
publicly in the city or town of his that was nearest to the kingdom of
Bohemia. To allow this matter to be settled in an orderly way, however,
eighteen days in addition to the original six weeks and three days were
to be allowed for the answer to the summons, so that the king of Bohemia
should appear before the count palatine at Würzburg nine weeks from the
19th of November, that is, on the 20th of January; otherwise he should
be proceeded against according to the law.
5. It was decided also that the king of the Romans ought to take
cognizance of all civil and criminal cases arising on and after the day
of his coronation, and of all civil cases (_i.e._, those involving
inheritances, fiefs, possessions, and property) arising even before his
coronation, if they had not been settled by decision of the court, by
compromise, or by some amicable agreement.
6. In regard to wrongs which date from the quarrel between the empire
and the papacy in the days of the emperor Frederick (seizure of
property, injuries, and damages committed by one party against the
other), the king proposes to confer with the pope and to try to reach
some agreement with him that shall be just to both parties.
7. The king urges and requests all those who have seized or burned or
destroyed the property of others during the time from the death of
emperor Frederick to the coronation of the king [_i.e._, Rudolf], to
make compensation and come to some amicable agreement with those whom
they have injured; and he also requests the injured not to refuse to
accept such arrangement. If the parties cannot agree, the king will
himself decide the cases. This does not refer, however, to public
plunderers of churches and holy places, or to those who have made open
war, all of whom are to be brought to justice immediately. Likewise all
cases pending before the king or his officials ought to be settled
within a reasonable time.
8. It was decided also that summonses and decrees issuing from the court
or from royal officials should be written and sealed with the seal of
the judges, and that such documents should be in themselves sufficient
evidence of the fact of the summons without further proof, and that not
more than six coins of Halle or their equivalent should be exacted for
the serving of the summons.
9. The king also notified all advocates who had used their office as a
pretext for oppression to come to some agreement with those whom they
had injured, and not to exact or demand in the future more than is due
from those for whom they act as advocates. Otherwise they will be
brought to trial for their injustice.
10. He also decreed that _phalburgii_{76} should not be allowed to live
in any imperial city.
{76} For the meaning of this term see no. 139, paragraph 10.
147. The German Princes Confirm Rudolf's Surrender of all Imperial
Claims in Italy, 1278-79.
M. G. LL. folio, II, pp. 421 f.
Rudolf saw clearly that the policy which the German kings had followed
with regard to Italy had led to their ruin. He determined to give up
this fatal policy, and to devote himself to the acquisition of lands and
power in Germany. Accordingly he acknowledged all the papal claims in
Italy, thus surrendering all for which the emperors had fought for the
last 200 years. Contenting himself with what seemed obtainable, he
gracefully acknowledged the defeat and failure of his predecessors, and
struck out a new policy for himself (see no. 150). The princes confirmed
his agreement with the pope by this document. Notice that the princes
use the figures of the two luminaries and the two swords, accepting the
papal interpretation (see no. 114).
We, the princes of the empire, to all to whom these presents come. The
holy Roman church has always borne a special love for Germany, and has
given her a name which in secular affairs is above the name of every
other power on earth [_i.e._, the name of the empire]; she has
established the princes in Germany, like rare and beautiful trees in a
garden, watering them with her special favor, and they [the princes],
supported by the church, have brought forth wonderful fruit; namely, the
ruler of the empire who is produced by the election of the princes. He
[the emperor] is that lesser luminary in the firmament of this world
which shines by the reflected light of the great luminary, the vicar of
Christ. He it is who draws the material sword at the command of the
pope, to support the spiritual sword which the shepherd of shepherds
uses to guard his sheep, and he wields it to restrain and correct
evil-doers and to aid the good and the faithful. Now we desire that all
occasion of dissension and strife should be avoided, that the two swords
should work together for the reformation of the whole world, and that
we, the princes, who are bound to support both the church and the
empire, should be recognized as lovers of peace. Therefore we approve
and ratify all concessions, renewals, and new grants made by our lord
Rudolf, by the grace of God king of the Romans, Augustus, to our most
holy father and lord, pope Nicholas III, and to his successors, and to
the Roman church; in particular, the fidelity, obedience, honor, and
reverence to be paid to the popes and to the Roman church by the
emperors and kings of the Romans; the possessions, honors, and dignities
of the Roman church; including all the land from Radicofano to Ceperano,
the march of Ancona, the duchy of Spoleto, the lands of the countess
Matilda, the city of Ravenna, the Emilia, with the cities of Bobbio,
Cesena, Forlimpopoli, Forli, Faenza, Imola, Bologna, Ferrara, Comacle,
Adria, Gabello, Rimini, Urbino, Montefeltre, the territory of Balneum,
the county of Bertinoro, the exarchate of Ravenna, the Pentapolis, Massa
Trabaria, and the adjacent lands of the church, with all the boundaries,
territories, islands, land, and water, belonging to the aforesaid
provinces, cities, territories, and places; also the city of Rome and
the kingdom of Sicily, including its possessions on the mainland and on
the island of Sicily; also Corsica and Sardinia, and all other lands and
rights belonging to the church....
148. Revocation of Grants of Lands Belonging to the Imperial Domain,
1281.
M. G. LL. folio, II, p. 435; Altmann und Bernheim, no. 14.
Rudolf's efforts to secure the crown lands which had been seized during
the interregnum (see introductory note, no. 146) were not successful.
The princes often voted that he should recover them, but each one
refused to give up those which he himself held. In spite of his
continued efforts, Rudolf was unable to regain any large part of them.
We, Rudolf, by the grace of God, etc., by this document, declare and
publicly proclaim that while we were holding court in a regular diet at
Nürnberg, a decision was rendered and all our princes, nobles, and other
faithful subjects who were present agreed to it. This decision was that
all gifts of imperial lands and possessions confirmed or made in any way
by Richard the king, or his predecessors in the Roman empire since the
sentence of deposition was passed on Frederick II shall be invalid, and
are hereby revoked, except those that shall be approved by a majority of
the electoral princes.
149. An Electoral "Letter of Consent," 1282.
Stillfried und Maerker, Monumenta Zollerana, II, p. 138; Altmann und
Bernheim, no. 15.
The power of the electors as well as the weakness of the crown after
1273 are shown by the fact that the electors compelled the king to
secure their express and written consent before taking any important
action. By this means the electors hoped to control the policy of the
king and to make their own positions secure. If what the king proposed
to do was not to their interest, they made him pay well for their
consent. We give here an interesting example of these "letters of
consent."
Werner, by the grace of God archbishop of Mainz, etc. Desiring always to
comply promptly with the wishes of our most serene lord, Rudolf, king,
etc., we entirely and freely give him our permission to grant as a fief
the villages of Lenkersheim, Erlebach, and Brucke, with all their
belongings, to Frederick, the burggrave of Nürnberg, whenever he wishes.
150. Letter of Rudolf to Edward I, King of England, Announcing his
Intention of Investing his Sons with Austria, etc., 1283.
Rymer, Foedera, II, p. 259.
Rudolf's chief policy was the aggrandizement of his family. By all
possible means he endeavored to acquire lands in such a way that they
would remain in the possession of his family, no matter who should be
elected as his successor. This document is interesting as throwing light
on his ambitious foreign relations, but it is still more important
because it speaks of a great event in the good fortunes of the Hapsburg
house, namely: the acquisition of the duchies of Austria, Styria, and
Carinthia, the territorial basis for its future greatness. See no. 110,
for the origin of the duchy of Austria.
To the magnificent prince, Edward, by the grace of God king of England
and our dearest friend, Rudolf, by the same grace king of the Romans,
Augustus, a perpetual increase of love and friendship. Although the
Emperor of the eternal empire, the creator of all things, has stricken
our heart with an incurable wound in the death of our beloved son
Hartmann, by whose marriage our two houses were to be bound together in
an eternal bond of friendship, yet, for our part, his death has not put
an end to our friendship for you, as we are eager to demonstrate in
every way. Therefore we have thought it right to inform you that we are
prospering in all things, and have been successful in securing the
consent of the electors to our plans for raising our sons to the rank of
princes and investing them with the duchies of Austria, Styria, and
Carinthia.
151. Decree against Counterfeiters, 1285.
M. G. LL. folio, II, p. 446.
Since so many individuals, cities, and monasteries had the right to coin
money, it was impossible to keep effective control of the coinage. It
was inevitable that it would in the course of time be debased. During
the interregnum this abuse seems to have grown rapidly.
Rudolf, etc., to all the faithful subjects of the holy Roman empire to
whom these presents come, grace and every good thing. In the court over
which we presided, held at Mainz on the day of the blessed Virgin
Margaret, we asked the princes, counts, nobles, ministerials, and other
faithful subjects of our empire who were present, what should be the
penalty for coiners of false money, for those who pass false money or
knowingly have it in their possession, and for the lords who protect
such persons in their castles. It was decided that the coiner of false
money should be decapitated; that he who passed false money or knowingly
had it in his possession should lose his hand, and that the lord who
protected a coiner of false money should suffer the same penalty as the
coiner.
152. The Beginning of the Swiss Confederation, 1290.
Kopp, Urkunden zur Geschichte der eidgenössischen Bünde, no. 19.
The Swiss confederation had its beginning in the following league which
the three forest cantons, Uri, Schwyz, and Unterwalden, made in 1290. It
is in itself, however, a renewal of a still older league, the history of
which is unknown to us. This document reveals the fact that these
cantons were not entirely independent, but were subject to some external
power. For instance, they did not choose or create their own judges, but
received them from some one whom they recognized as their lord. The next
document, no. 152 a, shows that unfree men, probably ministerials, had
been put over them as judges.
In the name of the Lord, amen. It is a good thing for the public utility
if communities agree to preserve order and peace. Therefore let all know
that the men of the valley of Uri, and the community of the valley of
Schwyz, and the commune of those who live within the mountains of the
lower valley [Unterwalden], considering the dangers that threaten them,
and in order to be better able to defend themselves and their
possessions, have, in good faith, promised mutually to assist each other
with aid, counsel, and support, and with their persons as well as their
possessions, with all their power and with their best effort, within the
valley and without, against each and all who may try to molest, harm, or
injure any of us in our persons or in our possessions. Each commune
promised to aid the others whenever it should be necessary, and at its
own expense to assist the others in repelling the attacks of their
enemies and in avenging their injuries. The three cantons took oath that
they would do these things without treachery.
We hereby renew the ancient agreement which has existed among us. (1)
Each man, according to his condition, shall be bound to obey his lord
and to serve him in the proper manner. (2) We unanimously promise,
decree, and ordain that in the aforesaid valleys we will not receive any
judge who has bought his office in any way, or who is not an inhabitant
of the valley. (3) If a dispute arises among us, the more prudent among
us shall meet and settle it as seems best to them. If anyone refuses to
accept their decision we will all assist in enforcing it. (4) Above all,
we decree that whoever treacherously and without good reason kills
another shall be taken and put to death, unless he can prove his own
innocence and a grave offence of the other. If the murderer runs away,
he shall never be permitted to return to the valley. All who receive or
protect such a malefactor shall be driven out of the valley until the
people agree to permit them to return. (5) If anyone, by day or night,
secretly and maliciously burns the house of another, he shall never
again be regarded as a citizen of the valley. And if anyone protects or
defends such a malefactor within the valley, he shall make proper
satisfaction to him whose house was burned. (6) If anyone seizes the
property of another, his own possessions, if they are in the valley,
shall be seized for the purpose of rendering just satisfaction to him
whose property was taken. (7) No one shall take the property of another
as a pledge [security], unless he is bondsman for him, or the latter is
clearly his debtor, and then only with the special permission of the
judge. (8) Each one must obey his judge, and, if necessary, must tell
the name of the judge before whom he must answer. (9) If anyone resists
the decision of the judge and thereby causes damage to another, we are
all bound to assist in compelling him to make proper satisfaction to him
whom he has injured. (10) If war [feud] or a quarrel arises between any
of us, and one of the parties refuses or neglects to secure its justice
or to render satisfaction, we are all bound to defend the other party.
As an evidence that these statutes shall be binding forever this present
document was made at the request of the aforesaid inhabitants and sealed
with the seals of the three communities.
Done in the year of our Lord 1290, at the beginning of August.
152 a. Edict of Rudolf, Forbidding Judges of Servile Rank to Exercise
Authority in Schwyz, 1291.
M. G. LL. folio, II, p. 457.
The free peasants of the Swiss cantons had a serious ground of complaint
in the fact that feudal lords made use of their ministerials in the
administration of justice. Being themselves freemen, the peasants of
Schwyz objected to being tried and judged by men of unfree rank, as the
ministerials were. See nos. 296 and 297.
Rudolf, by the grace of God king of the Romans, Augustus, to all the
freemen of Schwyz, his beloved subjects, grace and every good thing. We
regard it as unfitting that any person of servile condition should be
made a judge over you. Therefore, by our royal authority expressed in
this letter, we decree that no one of servile condition shall ever in
the future exercise the authority of a judge over you.
153. Concessions of Adolf, Count of Nassau, to the Archbishop of Cologne
in Return for his Vote, 1292.
Ennen, Wahl des Königs Adolf von Nassau, pp. 56 ff; Altmann und
Bernheim, no. 16.
Candidates for the royal crown in Germany were compelled to practise
bribery in the most open and shameless manner. Each elector was
determined to get as much as he could for his vote, in one way or
another, and so demanded a great variety of things from the candidate.
We give the agreement which Adolf, count of Nassau, was compelled to
make with the archbishop of Cologne in 1292. Of course he had to pay, or
at least promise to pay, something to each of the other electors. An
analysis of each paragraph will make clear the advantages which the
archbishop sought to obtain from Adolf in return for his vote.
The archbishop of Cologne had followed a policy of territorial
expansion. The great commercial interests of his city made it desirable
that it should control the water-way to the sea and, if possible, a part
of the coast-line. So Siegfried attempted to get possession of the lands
which lay to the north and northwest, between Cologne and the sea. This
brought him into conflict with the dukes of Brabant, and led to a war.
In the battle of Worringen, June 6, 1228, the archbishop was defeated,
taken prisoner, and held as a captive for eleven months. During his
captivity his enemies took many of his possessions from him. In addition
to these misfortunes the people of Cologne rebelled against him, and
seized his castles, lands, and revenues. When he was finally released
from captivity, he found himself in a bad plight. He was without troops,
his castles were either destroyed or in the hands of his enemies, and
the gates of his city were closed against him. This explains many of the
things which he demanded of Adolf.
Otto "with the arrow," the margrave of Brandenburg (d. 1309), received
his title in a curious way. He made war on the archbishop of Magdeburg,
and in a battle was struck on the head with an arrow. The point of the
arrow could not be removed, but remained in his head for more than a
year. On this account he was afterward called Otto "with the arrow."
We, Adolf, by the grace of God count of Nassau, etc. Long before the
empire was made vacant by the death of Rudolf, king of the Romans, we
had vowed to God to go on a crusade, if it were possible, and to render
a pleasing service to God for the remission of our sins. Now we could do
much more for the honor of God and the recovery of the holy land, if we,
although unworthy, were elected king of the Romans. Since our reverend
father, Siegfried, archbishop of Cologne, is laboring for our election
and will vote for us, of our own free will and accord we promise and
bind ourselves by our word of honor and by our oath to do the following
things:
(1) If we are elected king of the Romans, we will protect and defend the
church and all ecclesiastical persons in all their rights and liberties,
and if damage is done them, we will endeavor to make it good. And we
promise this especially of the church of Cologne, which has now for a
long time been suffering from her heavy losses and misfortunes.
(2) Even if the other electors do not vote for us, we will accept the
election at the hands of the archbishop of Cologne, and we will never
give up the right to the crown which his vote gives us.
(3) And because the empire cannot prosper if the holy church of Cologne,
which has suffered so many losses and misfortunes, is not first restored
by the aid of the empire, we promise and of our own free will and accord
bind ourselves by our word of honor and by our oath that if the
archbishop votes for us, we will surrender to him and to his successors
and to the church of Cologne the fortresses and strongholds, Cochem,
Wied, Landskrone, Sinzig, Duisburg, and Dortmund, in order that he may
better defend and preserve the right of the realm and of the empire in
those parts, and also the rights of the church of Cologne, against their
enemies and opponents. We will free these places from the claims of
those who now hold them, and we will give them, with all their rights,
income, jurisdiction, tolls, and belongings, to be held and possessed by
the said archbishop and his successors and the church of Cologne as long
as we live. And we will never demand them, or any part of their income,
of the archbishop as long as we live. We grant all their income, tolls,
and profits during our reign to the archbishop in return for his
services in holding them against our enemies and those of the empire. We
reserve for ourselves only the free right to enter the said places
whenever it may be necessary.
(4) The said archbishop and the church of Cologne had pawned their
castles, Leggenich, Wied, Waldenburg, Rodenburg, and Aspel, to count
Adolf de Monte for a certain sum of money in order to liberate the
archbishop from captivity; but the Roman church had ordered the said
count under threat of excommunication and interdict to restore freely
and entirely the said castles to the archbishop and his church and had
commissioned Rudolf, the late king of the Romans, to see that he did so.
We promise therefore that we will compel count Adolf and his heirs to
surrender the said castles and the village of Deutz to the archbishop
and his church without any loss and without the payment of any money.
(5) We also promise to restore to the said archbishop the advocacy and
jurisdiction in Essen, and the manors of Westhoven, Brakel, and
Elnenhorst, and we guarantee to him the peaceable possession of them.
(6) We also promise to maintain the archbishop and his successors in the
possession of the castles Wassenberg and Leidberg, and we will aid them
against the duke of Brabant and the count of Flanders and all others who
may attempt to invade and seize these possessions.
(7) If the archbishop or his successors and the church of Cologne wish
at their own expense to rebuild the castles, Worringen, Ysenburg, Werl,
Minden, Ravensberg, Volmarstein, Hallenberg, and the other castles of
the church of Cologne which were destroyed during the captivity of the
archbishop, we promise to resist all violence offered them while doing
so, and we will use our royal power against those who try to prevent
them from rebuilding them.
(8) We also promise to confirm the archbishop in the possession of the
tolls at Andernach and Rheinberg, and we will renew all the grants which
have been made by emperors and kings to the said church.
(9) We also promise to restore to the archbishop and the church of
Cologne the castle and possessions at Zelten, of which the archbishop
was deprived during his captivity by the count of Veldenz.
(10) We also promise to compel the citizens of Cologne to make the
proper satisfaction to the archbishop and the church of Cologne for
their offences against the archbishop. They have now been excommunicated
a year and a day and their offence is notorious, and if they do not make
the proper satisfaction to the archbishop, we will, at the request of
the archbishop and the church of Cologne, proscribe the citizens and
confiscate their property. And we will labor with all our might and at
our own expense to aid the archbishop and his successors and the church
of Cologne against the citizens and all who aid them. We will not cease
to make war on them nor will we make a peace, truce, or agreement with
them without the consent of the archbishop, and in such matters we will
follow his wishes.
(11) We also promise that if the citizens submit to the archbishop, or
are subjected by him, we will not in any way interfere in the affairs of
the city, nor will we require an oath of fidelity and homage from the
citizens, because the city belongs completely to the archbishop and he
has jurisdiction over it in all matters both spiritual and temporal.
(12) We also promise to renew and confirm to the archbishop and the
church of Cologne their protection of the monastery of Corvey, which was
granted them by Rudolf, king of the Romans, and we will recover for the
church of Corvey all the castles and strongholds which have been
violently taken from her.
(13) We promise to give the archbishop and the church of Cologne 25,000
silver marks toward defraying the necessary expenses which he and the
church of Cologne are bound to have in performing the services which
they owe to the empire.
(14) In order to secure the observance of these promises, we agree to
get the castles, Nassau, Dillenburg, Ginsberg, and Segen, with the full
consent of count Henry, his wife, and his brother, Emicho, and also
Braubach, Rheinfels, Limburg, and the castle and town of Velmar, with
the consent of their lords and their heirs, and we will put all these
places into the hands of the archbishop, his successors, and the church
of Cologne, to be held at our expense. We will name fifty nobles and
knights as good and legal security, and if the archbishop wishes, we
will go into Bonn with these fifty nobles within fifteen days, and we
will not leave Bonn until each and all of these promises have been
fulfilled, or security given that they will be fulfilled to the
satisfaction of the archbishop.
(15) We also agree that if we act contrary to these our promises, or
fail to give the archbishop security, we shall thereby be deposed and we
shall lose the kingdom to which we have been elected, and in that case
we will renounce all claims upon the realm which we acquired by the
election. And the electors shall proceed to elect another king, if the
archbishop thinks it best.
(16) We will not demand the coronation, or consecration, or
installation, in Aachen from the archbishop, nor in any way trouble him
about it until we have given him full security that we will do all that
we have promised.
(17) We likewise cancel the debt which the archbishop owes us on account
of the tolls at Andernach, which he had pawned to us.
(18) We further promise to call before our court the trial which is
pending between the archbishop and the count of Nassau for the recovery
of losses and damages, and we will decide it according to the desire of
the archbishop.
(19) We also promise to seek the favor and friendship of Otto "with the
arrow," the margrave of Brandenburg, for the archbishop and the church
of Cologne, as well as the favor of count Otto of Everstein.
(20) If the children of the late William, brother of Walram, who is now
count of Jülich, bring suit or make war on the present count, Walram,
for the possession of the county and other possessions, we will assist
count Walram. And we will aid him against the duke of Brabant, the count
of Flanders, and others who may make war on him.
(21) We will give the said count Walram the town of Düren as long as we
live.
(22) The office of _Schultheiss_ of Aachen, with all the rights of that
office, we will give to whomsoever the archbishop may choose.
(23) Rudolf, king of the Romans, was in debt to the father of the said
count, Walram, and had given him his note. In regard to this debt we
will consult our friends and the archbishop, and we will do what is
right and in some way satisfy the count.
(24) We also promise that so long as we live we will be favorable and
friendly to the archbishop and the church of Cologne, and we will aid
them against their enemies, and, without the consent of the archbishop
and his successors, we will never take the counts of Monte and Marka, or
the duke of Brabant, or other enemies of the church of Cologne into our
counsel and confidence.
(25) In testimony of this we have affixed our seal to this writing.
(26) We, John, lord of Limburg; Ulric, lord of Hagenau; Godfrey of
Merenberg, and John of Rheinberg, at the command of count Adolf, have
sworn and promised that we will compel the said count Adolf to fulfil
each and all of these promises without treachery and fraud. And we have
affixed our seals to this document.
(27) Besides we, Adolf, promise under threat of the aforesaid
punishments, that we will not enfeoff anyone with the duchies of Austria
and Limburg, which have reverted to the crown, nor will we make any
disposition of them without the express and written consent and
permission of the archbishop.
154. The Archbishop of Mainz is Confirmed as Archchancellor of Germany,
1298.
De Guden, Codex Diplom., I, pp. 904 f; Altmann und Bernheim, no. 18.
The archbishop of Mainz had long been the archchancellor of Germany, but
nearly all the duties of the office were performed by others. Although
his office had become a sinecure, he wished to retain it, because of the
dignity which the title gave him, as well as the income of it. The
archbishop of Mainz had been a determined opponent of the Hapsburg party
in 1292, and again in 1298, when Adolf was deposed, he was not at first
favorable to the candidacy of Albert. He may have feared that Albert, in
a spirit of revenge, would attempt to deprive him of his office, or at
least of some of its perquisites.
Albert, by the grace of God, king, etc. We remember with gratitude how
ably and faithfully Gerhard, the venerable archbishop of Mainz, labored
to elect us king and supported us after we were elected. For this we
surely ought not only to protect him and his church in their liberties,
rights, and prerogatives, but also to show him still greater kindness
and favors. We therefore declare that the aforesaid archbishop and all
his successors in the archbishopric are and ought to be archchancellors
of the holy empire in Germany. And we faithfully promise and bind
ourselves by this document to maintain, defend, and protect the said
archbishop and his successors in the rights, honors, dignities, and
liberties which belong to them because of their office as
archchancellor. That is, they shall always receive a tenth of all the
money which we collect from the Jews, and they shall always appoint the
chancellor to take their place [and do the work of their office], and
they shall have all the profits accruing from this office, whether the
said archbishops are actually present at our court or not.
155. Declaration of the Election of Henry VII, 1308.
M. G. LL. folio, II, p. 491; Altmann und Bernheim, no. 19.
This document shows the last step in the election of a German king.
After all the electors had discussed the candidates and expressed their
choice, the count palatine of the Rhine may be said to have cast the
vote of the whole body of electors for the candidate upon whom they had
agreed.
In the name of the Father, Son, and Holy Spirit, amen. The kingdom and
the empire of the Romans having become vacant by the death of Albert,
king of the Romans, of blessed memory, notices were sent to all who have
the right to vote in the election of a new king of the Romans, and on
the day set all those who have any part in it were present and agreed to
proceed to the election. And after each of the electors had declared his
choice it appeared that all had given their votes for Henry, count of
Luxemburg, agreeing upon him and naming him as king-elect, because they
were confident from what they knew of his merits and his fidelity that
he would defend and foster the holy Roman and universal church in her
spiritual and temporal interests and would govern wisely the empire with
the aid of God. Now, therefore, I, Rudolf, count palatine of the Rhine,
for myself and my coelectors, by the authority which they have specially
conceded to me do elect this Henry, count of Luxemburg, king of the
Romans, advocate of the holy Roman and universal church, and defender of
widows and orphans, and I invoke upon him the grace of the Holy Spirit.
156. The Supplying of the Office of the Archchancellor of Italy, 1310.
Lacomblet, Urkundenbuch für die Geschichte des Niederrheins, III, p.
70; Altmann und Bernheim, no. 20.
The archbishop of Cologne as archchancellor of Italy wished to enjoy the
honors and revenues of his office, but the work connected with it was
done by some one else. For some reason he did not wish to go into Italy
with the king. So Henry VII confirmed him in his rights, and excused him
from accompanying him.
Henry, by the grace of God king of the Romans, Augustus, to all present
and future subjects of the holy Roman empire, grace and every good
thing.... Henry, venerable archbishop of Cologne, archchancellor of the
empire for Italy and our very dear prince, has excused himself from
accompanying us across the Alps, whither, God willing, we are shortly
going, because he is so occupied with our affairs here and with the
interests of the empire and of his own church. Therefore, at his
request, we have appointed a suitable person to accompany us in his
place, and to exercise the office of chancellor in Italy for him,
guarding the seals and performing such other duties as the office may
require. We have also granted to the archbishop as a special grace,
because of his conspicuous merits, that the honor, authority, and
profits of the office shall belong entirely to him and to his church of
Cologne. He whom we have put in charge of the office shall perform the
duties of the chancellor in Italy in the place of the archbishop, and
all persons shall obey him in all matters regarding the rights and
revenues belonging to the archbishop of Cologne and shall appear before
him at the accustomed place and time.
157. The Law "Licet Juris" of the Diet of Frankfort, August 8, 1338.
Altmann und Bernheim, no. 27.
John XXII had declared, in his struggle with Ludwig the Bavarian, that
he had the right to confer the imperial crown, and to administer the
empire during a vacancy. His broad claims offended the German people and
led to a spirited but brief exhibition of national sentiment. The
electors met at Rense, 1338, and emphatically declared that the imperial
crown was not in any way dependent on the will of the pope, but that he
whom they elected king of Germany was thereby made emperor without any
action on the part of the pope. A few days later a diet was held at
Frankfort, and the decision of the electors at Rense was enacted as a
law. But it must be said that the electors themselves nullified it by
appealing to the pope for aid when they deposed Ludwig and elected
Charles IV (1346-7).
Both the canon and the civil law declare plainly that the dignity and
authority of the emperor came of old directly from the Son of God, that
God has appointed the emperors and kings of the world to give laws to
the human race, and that the emperor obtains his office solely through
his election by those who have the right to vote in imperial elections
[the electors], without the confirmation and approval of anyone else.
For in secular affairs he has no superior on earth, but rather is the
ruler of all nations and peoples. Moreover, our Lord Jesus Christ has
said: "Render unto Cæsar the things which are Cæsar's, and unto God the
things which are God's." Nevertheless, certain persons, blinded by
avarice and ambition, and totally ignorant of the Scriptures, have
distorted the meaning of certain passages by false and wicked
interpretations, and on this basis have attacked the imperial authority
and the rights of the emperors, electors, and other princes and subjects
of the empire. For they wrongfully assert that the emperor derives his
position and authority from the pope, and that the emperor elect is not
the real emperor until his election is confirmed and approved, and he is
crowned by the pope. These false and dangerous assertions are clearly
the work of the ancient enemy of mankind, attempting to stir up strife
and discord, and to bring about confusion and dissensions among men.
In order to prevent this we now declare by the advice and with the
consent of the electors and other princes of the empire, that the
emperor holds his authority and position from God alone, and that it is
the ancient law and custom of the empire that he who is elected emperor
or king by the electors of the empire, thereby becomes true king and
emperor of the Romans, and should be obeyed by all the subjects of the
empire, and has full power to administer the laws of the empire and to
perform all the functions of the emperor, without the approval,
confirmation, authorization, or consent of the pope or any other person.
Therefore, we decree by this perpetual edict that the emperor elected by
the electors or a majority of them is to be regarded and considered by
all to be the true and lawful emperor, by reason of the election alone;
that he is to be obeyed by all subjects of the empire; and that he has,
and all must hold and assert that he has, the complete imperial power of
administration and jurisdiction. If anyone contradicts these decrees and
decisions or any one of them, or agrees with those who contradict them,
or yields obedience to the commands, letters, or instructions of
opponents of these decrees, we hereby deprive him and declare him to be
deprived, by virtue of his act and of this law, of all fiefs which he
holds of the empire, and of all favors, jurisdiction, privileges, and
immunities which have been granted to him by us or by our predecessors.
Moreover, we declare that he is guilty of offence against the majesty of
the emperor, and subject to the penalties incurred by this offence.
158-159. The Diet of Coblenz, 1338.
158. Chronicle of Flanders. (French.)
Böhmer, Fontes rerum Germanicarum, I. pp. 190 f.
The name of the empire was still something to conjure with, although it
was little more than a name. Not only had the emperors long since ceased
to exercise any authority over the nations of Europe, but they had also
become mere figure-heads in Germany and Italy. Ludwig of Bavaria was not
only cowardly and ineffectual, but he was also without the means
necessary to secure a vigorous forcible government in Germany. Even the
thought of his disposing of the French crown, or interfering effectively
in the affairs of France, was absurd. These two documents show that the
idea of the worldwide empire lived on, and illustrate the way in which
otherwise sensible men could make use of it when it suited their
purpose. Edward III, who was just beginning the Hundred Years' War, was
seeking allies against France. In securing an alliance with the emperor
and the appointment as imperial vicar in the Netherlands, his purpose
was to acquire the right to call on the nobles of that territory to aid
him in his war.
How the emperor, wearing the imperial insignia, held a diet.
The Saturday before the Nativity of our Lady, in September of the year
of grace 1338, the electoral princes of Germany came together at
Coblenz, and there they held a diet, placing the emperor, Ludwig of
Bavaria, upon a throne twelve feet high. The emperor wore a robe of
changeable silk, and over it a mantle, and broad fanons on his arms. He
wore a stole, crossed on his breast like that of a priest and richly
embroidered with his arms; and on his feet he wore shoes made of the
same cloth as his robe. On his head he wore a round mitre surmounted by
a heavy golden crown; the crown was covered with flowers worked in gold,
and in the front was a cross of gold which overtopped the flowers. He
wore white silk gloves on his hands and precious rings on his fingers.
In his right hand he held a golden globe surmounted by a cross, and in
his left a sceptre. At the right of the emperor sat the margrave of the
East Mark and of Meissen, to whom the emperor gave the globe to hold.
The king of England sat beside the emperor on a lower throne, clad in a
scarlet robe, on the breast of which a castle was embroidered. At the
left of the emperor sat the margrave of Jülich, to whom the emperor gave
the sceptre to hold. Two steps below the emperor sat the electoral
princes of the empire. Sire de Kuck, representing the duke of Brabant,
stood behind the emperor, about two feet above him, holding a naked
sword. And the emperor, seated on the throne and holding a diet,
proclaimed to all by the words of his own mouth that he had created the
king of England his vicar and lieutenant.
159. Chronicle of Henry Knyghton.
Böhmer, Fontes rerum Germanicarum, I, pp. 191 f.
See introductory note to no. 158.
When the emperor learned of the approach of king Edward, he set out from
his place to meet him, and after travelling four days he met him near
Coblenz, receiving him there with great honor. Two richly decorated
thrones were set up in the market-place, and on these the emperor and
the king sat. There were present in attendance four dukes, three
archbishops, six bishops, and thirty-seven counts, besides a great
number, estimated by the heralds at 17,000, of barons, baronets,
knights, and others. The emperor held in his right hand the imperial
sceptre, and in his left the golden globe as a symbol of world-wide
authority. A certain knight held a drawn sword above his head. And the
emperor in the presence of the people gathered there proclaimed to all
the crimes, disobedience, and wickedness of the king of France. And
after he had declared that the king of France had broken his faith to
the emperor, he published a decree of forfeiture against him and his
followers. Then the emperor made king Edward his vicar and gave him
authority over the land from Cologne to the sea, presenting him with a
charter of this in the sight of all the people.
On the next day the emperor and the king of England and their nobles
assembled in the cathedral, and the archbishop of Cologne said mass. And
after mass the emperor and all his nobles swore to aid the king of
England and to maintain his quarrel against the king of France with
their lives for seven years, if the war between the said kings should
last so long. They also swore that all the nobles in the territory from
Cologne to the sea would come at the summons of the king of England to
join him in an attack upon the king of France at any place and at any
time set by him. If any one of them should fail to obey the king of
England in these matters, all the other nobles of northern Germany would
attack and destroy him. These affairs having been arranged and settled,
the king of England received the grant of authority and returned to
Brabant.
160. The Golden Bull of Charles IV, 1356.
Altmann und Bernheim, no. 29.
Various things had led the emperors to follow the policy of conferring
crown rights upon their princes. In order to carry out their Italian
policy the Hohenstaufen had sacrificed the power of the crown in Germany
(see nos. 110-112, 136, 138, 139), and after the interregnum the
electors pillaged the crown at every opportunity (see nos. 149, 153).
The result was that the crown was stripped of authority, while the
princes had developed almost complete sovereignty in their lands.
Charles IV, in the Golden Bull, attempted to fix as in a constitution
the actual rights and status of the princes. He saw that Germany was no
longer a monarchy, but a federation of princes.
Although from 1273 the number of electors was fixed at seven, it was not
always clear who these seven were. Thus in 1313 two men claimed to
possess the electoral vote of Saxony, and two others, that of Bohemia.
Charles IV made provisions to prevent the recurrence of such a situation
by attaching the electoral vote to the possession of certain lands (see
chaps. VII, XX, and XXV). Charles IV was himself king of Bohemia, and,
knowing that it was hopeless to attempt to restore the German kingship,
he exerted himself in the Golden Bull to secure for Bohemia all the
advantages possible.
PART I.
(Published at Nürnberg, January 10, 1356.)
CHAPTER I.
ESCORT AND SAFE-CONDUCT FOR THE ELECTORS.
1. We decree and determine by this imperial edict that, whenever the
electoral princes are summoned according to the ancient and praiseworthy
custom to meet and elect a king of the Romans and future emperor, each
one of them shall be bound to furnish on demand an escort and
safe-conduct to his fellow electors or their representatives, within his
own lands and as much farther as he can, for the journey to and from the
city where the election is to be held. Any electoral prince who refuses
to furnish escort and safe-conduct shall be liable to the penalties for
perjury and to the loss of his electoral vote for that occasion.
2. We decree and command also that all other princes who hold fiefs from
the empire by whatever title, and all counts, barons, knights, clients,
nobles, commoners, citizens, and all corporations of towns, cities, and
territories of the empire, shall furnish escort and safe-conduct for
this occasion to every electoral prince or his representatives, on
demand, within their own lands and as much farther as they can.
Violators of this decree shall be punished as follows: Princes, counts,
barons, knights, clients, and all others of noble rank, shall suffer the
penalties of perjury, and shall lose the fiefs which they hold of the
emperor or any other lord, and all their other possessions; citizens and
corporations shall also suffer the penalty for perjury, shall be
deprived of all the rights, liberties, privileges, and graces which they
have received from the empire, and shall incur the ban of the empire
against their persons and property. Those whom we deprive of their
rights for this offence may be attacked by any man without appealing to
a magistrate, and without danger of reprisal, for they are rebels
against the state and the empire, and have attacked the honor and
security of the prince, and are convicted of faithlessness and perfidy.
3. We also command that the citizens and corporations of cities shall
furnish supplies to the electoral princes and their representatives on
demand at the regular price and without fraud, whenever they arrive at,
or depart from, the city on their way to or from the election; those who
violate this decree shall suffer the penalties described in the
preceding paragraph for citizens and corporations. If any prince, count,
baron, knight, client, noble, commoner, citizen, or city shall attack or
molest in person or goods any of the electoral princes or their
representatives, on their way to or from an election, whether they have
safe-conduct or not, he and his accomplices shall incur the penalties
above described, according to his position and rank.
4. If there should arise any enmity or hostility between two electoral
princes, it shall not be allowed to interfere with the safe-conduct
which each is bound to furnish to the other on the occasion of the
election, under penalty of being declared guilty of perjury, and being
deprived of his vote for that occasion, as described above.
5. If any other princes, counts, barons, knights, clients, nobles,
commoners, citizens, or cities are at war with any electoral prince or
princes, they shall nonetheless be bound to furnish to them and their
representatives escort and safe-conduct for the journey to and from the
election, under the same penalties. In order to render the observance of
the above demands more certain, we desire and instruct all electoral and
other princes, and all counts, barons, nobles, cities, and corporations
to bind themselves by oaths and written promises to observe them. If
anyone refuses to do this, he shall incur the penalties above described,
according to his rank and station.
6. If any electoral prince violates any of the above or following laws
of the empire, he shall be excluded by his fellow-electors from their
body, and shall be deprived of his vote and his electoral dignity, and
of his right to hold fiefs of the empire. If any other prince of any
rank or station, or any count, baron, or noble who holds fiefs of the
empire, or any of their successors to their fiefs, is guilty of a
similar crime, he shall not be invested with the fiefs which he holds of
the empire, nor be able to receive a fief from any other lord, and he
shall incur the above penalties, according to his rank.
7. The above rules apply to escorts and safe-conduct in general, but we
have thought it well to indicate also the neighboring lands which should
furnish escort and safe-conduct in each separate case to each elector.
8. To the king of Bohemia, the chief cup-bearer of the empire, the
following should furnish escort and safe-conduct: the archbishop of
Mainz, the bishops of Bamberg and Würzburg, the burggrave of Nürnberg,
etc.
9. To the archbishop of Cologne, archchancellor of the empire for Italy,
the archbishops of Mainz and Trier, the count palatine of the Rhine, the
landgrave of Hesse, etc.
10. To the archbishop of Trier, archchancellor of the empire for Gaul
and the kingdom of Arles, the archbishop of Mainz, the count palatine of
the Rhine, etc.
11. To the count palatine of the Rhine, the archbishop of Mainz.
12. To the duke of Saxony, archmarshall of the empire, the king of
Bohemia, the archbishops of Mainz and Magdeburg, the bishops of Bamberg
and Würzburg, the margrave of Meissen, the landgrave of Hesse, the
abbots of Fulda and Hersfeld, the burggrave of Nürnberg, etc. These
shall also furnish escort and safe-conduct to the margrave of
Brandenburg, the archchamberlain of the empire.
13. We wish and command that each electoral prince should give due
notice to those from whom he intends to require safe-conduct, of his
journey and of the route by which he intends to go; and he should make a
formal demand upon such persons for safe-conduct, in order that they may
be able to make fitting preparations.
14. The above decrees concerning safe-conduct are to be understood to
mean that any person, whether expressly named or not, from whom
safe-conduct is demanded on the occasion of the election, must furnish
it in good faith within his own lands, and as much farther as he can,
under the penalties described above.
15. It shall be the duty of the archbishop of Mainz to send notice of
the approaching election to each of the electoral princes by his
messenger bearing letters patent, containing the following: first, the
date on which the letter should reach the prince to whom it is directed;
then the command to the electoral prince to come or send his
representatives to Frankfort on the Main, three months from that date,
such representatives being duly accredited by letters bearing the great
seal of the prince, and giving them full power to vote for the king of
the Romans and future emperor. The form of the letter of notification
and of the credentials of the representatives are appended to this
document, and we hereby command that these forms be used without change.
16. When the news of the death of the king of the Romans has been
received at Mainz, within one month from the date of receiving it the
archbishop of Mainz shall send notices of the death and of the
approaching election to all the electoral princes. But if the archbishop
neglects or refuses to send such notices, the electoral princes are
commanded on their fidelity to assemble on their own motion and without
summons at the city of Frankfort within three months from the death of
the emperor, for the purpose of electing a king of the Romans and future
emperor.
17. Each electoral prince or his representatives may bring with him to
Frankfort at the time of the election a retinue of 200 horsemen, of whom
not more than 50 shall be armed.
18. If any electoral prince, duly summoned to the election, fails to
come or to send representatives with credentials containing full
authority, or if he or his representatives withdraws from the place of
the election before the election has been completed, without leaving
behind substitutes fully accredited and empowered, he shall lose his
vote in that election....