Chapter XV: Section X: Social Classes and Cities in Germany 545-612 (5)

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.