Chapter XVIII: Section 1: means that the Roman church received the primacy over the (2)

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.