CHAPTER I.

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....

A Source Book for Mediæval History Selected Documents illustrating the History of Europe in the Middle Age · 第 1 / 28 章