Chapter XIX: Section 1: means that the Roman church received the primacy over the (3)

The rights of the crown were called "regalia." When Frederick I went into Italy (1158) he found that the royal rights had been usurped by the cities and nobles. At the diet which he held on the Roncalian plain he consulted lawyers who had been trained in the law of Justinian, and asked them what the imperial rights in Italy were. Their decision, which is here given, was largely influenced by their study of the Roman law. The account which Ragewin (IV, 7) gives of this diet is as follows: "Frederick then examined into the matter of the royal jurisdiction and the regalia, which for a long time had been lost to the empire because they had been usurped and the kings had neglected to recover them. The bishops, the nobles, and the cities, since they could find no excuse for retaining these rights, resigned them to the emperor. Milan was the first to surrender them. When the emperor asked what these rights were, the decision was given that they were the right to appoint dukes, marquises, counts, and consuls [in the cities]; to coin money; to levy tolls; to collect the _fodrum_ [a tax in provisions for the support of the emperor and his army when passing through the territory]; to collect customs and harbor dues; to furnish safe-conducts; to control mills, fish-ponds, bridges, and all the water-ways, and to demand an annual tax not only from the land, but also from each person."

These are the regalian rights or rights of the crown: Arimanniæ,{72} public roads, navigable rivers and those which unite to form navigable rivers, harbors, and the banks of rivers; tolls, coinage, profits from fines and penalties; ownerless and confiscated lands, and the property of those who have contracted incestuous marriages or have been outlawed for crimes mentioned in the Novellæ of Justinian; rights of conveyance on direct routes and cross-roads{73} (angariæ and parangariæ), and the prestation of ships;{74} the special taxes for the royal expedition; the appointment of officials for the administration of justice; mines; royal palaces in the customary cities; the profits of fisheries and salt-works; the property of those who are guilty of offence against the majesty of the emperor; half the treasure discovered in places belonging to the emperor or dedicated to religious purposes, and all of it if the finder was aided by the emperor.

{72} Arimanniæ: Taxes paid by those who held certain lands or estates which had once been held by the _arimanni_, or free Lombards.

{73} When the emperor travelled he had the right to demand conveyances of various kinds from the people of the territory through which he was passing. Angariæ were conveyances for the "direct roads"; parangariæ, conveyances for the "cross-roads." By "direct roads" are meant the chief roads; in Italy, those which led directly to Rome, and along which the emperor must pass when going to Rome. The "cross-roads" were the less important roads, which ran at right angles to the direct roads.

{74} In the same way the emperor had the right to demand ships for the transport of himself and his men.

104. Grounds for the Quarrel between Adrian IV and Frederick I. Letter of Eberhard, Bishop of Bamberg, to Eberhard, Archbishop of Salzburg, 1159.

Ragewin, Gesta Frid., IV, c. 34; M. G. SS. folio, XX; Doeberl, IV, no. 38.

Although the stirrup episode and the Besançon episode were ended without a rupture between Frederick and Adrian, the fundamental question between them was not yet settled. Frederick continued to act in accordance with his ideas of what his office demanded, thus giving deep offence to the pope. The various matters in which the pope felt that Frederick had offended are set forth in this letter. They involve the deeper question of supremacy. The relations between the pope and emperor were becoming more and more strained. Although Frederick had previously refused to consider the propositions of the commune of Rome, he now received their ambassadors courteously. The people of the city wished to obtain his recognition of their government. Since the pope was obdurate Frederick threatened to make common cause with the rebellious city, hoping, no doubt, that Adrian would thereby be compelled to sue to him for terms.

To his reverend father and lord, Eberhard, archbishop of Salzburg, Eberhard, by the grace of God bishop of Bamberg.

... That perilous time seems near at hand when strife shall arise between the king and the pope. The cardinals Octavianus and William, former archdeacon of Pavia, were sent by pope Adrian to the emperor with a message which began with a conciliatory introduction but which contained most vexatious matter. For instance, they said: the emperor must not send ambassadors to the city of Rome without the consent of the pope, as all the magisterial power in Rome and all the regalian rights there belong to St. Peter; the _fodrum_ must not be collected from the papal estates except at the time of the imperial coronation; Italian bishops should take only the oath of fidelity to the emperor and not the oath of homage [see no. 214]; bishops shall not be required to entertain the ambassadors of the emperor in their palaces; the following possessions, belonging of right to the Roman church, must be restored: Tivoli, Ferrara, Massa, Fiscaglia, all the lands of the countess Matilda, all the land from Aquapendente to Rome, the duchy of Spoleto, and the islands of Sardinia and Corsica. The emperor was willing to do justice in these matters if the pope would give him justice in return [that is, the emperor was willing to submit each matter to trial and abide by the decision, if the pope would do the same], but the cardinals were only empowered to receive justice and not to give it, for they said that they could not bind the pope. The emperor on his part then made the following complaints: that the treaty of Constance had not been kept by the pope in the matter of his promise not to make peace with the Greeks, the Sicilians, or the Roman people without the consent of both parties [see no. 97]; that cardinals were sent through Germany without the emperor's consent, and that they entered the palaces of bishops who possessed regalian rights from the emperor; that the pope heard unjust appeals; and many similar matters. The emperor agreed that the pope should be notified of these demands by the aforesaid cardinals, but the pope refused to send other cardinals empowered to treat of these things, as the emperor had requested. In the meantime ambassadors came from the Roman people to make a treaty of peace with the emperor, and were favorably received and dismissed with honor. The emperor is about to send ambassadors both to the pope and to the city of Rome; if possible, he will make a treaty of peace with the pope, but if this fails, he will ally himself with the Romans....

105-107. The Disputed Papal Election of 1159.

105. Letter of Alexander III about his Election, 1159.

M. G. SS. folio, XVIII, pp, 28 f; Doeberl, IV, no. 39 a.

When Adrian IV died, 1159, the quarrel between him and the emperor had reached such a pitch of bitterness that he was about to excommunicate Frederick. But there was a party in the college of cardinals which was heartily supporting the emperor against the pope. The members of this German party, as it was called, had opposed the treaty which Adrian had made with William of Sicily (see no. 99) and had sympathized with Frederick in the Besançon episode and in his later contentions with the pope (see nos. 100-102). They believed that the pope was transcending his powers, and usurping authority which belonged to the emperor alone. But this German party, of which Octavian was the head, was hopelessly in the minority. When the cardinals met to elect a successor to Adrian IV, it was not able to secure the unanimous election of its candidate. Two popes were elected, and a schism ensued which lasted for seventeen years. Alexander III was very clever and succeeded in uniting all of Frederick's enemies against him. Under the pope's leadership and by his diplomacy, the Lombard league was formed. It completely defeated the emperor at Legnano, 1176 (see nos. 108-109). We give first a letter of Alexander III, which contains an account of his election. Then Victor's letter follows (no. 106). And finally a brief account of the election by Gerhoh of Reichersberg is given (no. 107).

Alexander, bishop, servant of the servants of God, to his venerable brothers, Syrus, archbishop of Genoa, and his suffragans, greeting and apostolic benediction.

The eternal and unchangeable will of the Creator provided that his holy and immaculate church from its very foundation should be ruled by one pastor and governor, to whom all prelates should be obedient. As members are united to one head, so they should be joined to him in perfect unity and never separate themselves from him. And Christ, who confirmed the faith of his disciples by saying: "Lo, I am with you alway, even unto the end of the world" [Matt. 28:20], will without doubt keep his promise to his church which he put under the control of his apostle [Peter]. And although his church, like the little boat of St. Peter, may sometimes be tossed about by the waves, he will preserve it in safety.

Three false brothers have gone out from us, but they were not of us, and, transforming themselves into angels of light, although they are servants of Satan, they are trying to rend and tear the church, the seamless robe of Christ, which he, in the person of the Psalmist, prayed might be delivered from the lion's mouth, and from the sword and from the power of the dog [Ps. 22:20]. Nevertheless Christ, the founder and head of the church, is carefully guarding her, his only spouse, and he will not permit the little boat of St. Peter to suffer shipwreck, although it may often be tossed about by the waves.

Our predecessor, Adrian IV, of blessed memory, died September 1, while we were at Anagni, and his body was brought to Rome and honorably buried in the customary manner in St. Peter's Church, on September 4. Nearly all the cardinals were present, and after the burial they began to take steps to elect his successor. After three days of discussion all the cardinals except three elected us, although we are not sufficient for this burden and not worthy of so high an office. The three who opposed our election were Octavian, John of St. Martin's, and Guido of Crema. God is our witness that we are telling the exact truth when we say that all the others unanimously elected us, and the other clergy and the people of Rome assented to it. But two, John and Guido, voted for Octavian and stubbornly insisted on his election. The prior of the cardinal deacons was putting the papal mantle on us in the customary manner, although we were reluctant to receive it because we saw our insufficiency for the high office. When Octavian saw this he was almost beside himself with rage, and with his own hands snatched the mantle from our neck and took it away. This caused a great tumultuous outbreak. Some of the senators were present and saw it, and one of them, inspired by the spirit of God, snatched the mantle from the hands of Octavian, who was now raging. Then Octavian, with angry face and fierce eye, turned to one of his chaplains who had come prepared for this, upbraided him, and ordered him hastily to fetch him the mantle which he had brought with him. The mantle was brought without delay, and while all the cardinals were trying to get out of the room, Octavian removed his hat, bowed his head, and received the mantle from his chaplain and another clergyman. And because there was no one else there, he had to assist them himself to put it on him. But the condemnation of God was seen in the fact that he put the mantle on with the wrong side in front. Those who were present saw it and laughed. And as he was of a crooked mind and intention, so the mantle was put on crooked as an evidence of his condemnation. When this was done, the doors of the church, which had been closed, were opened and bands of armed men with drawn swords entered and made a great noise. But they had been hired by Octavian to do this. And because that pestilential Octavian had no cardinals and bishops he surrounded himself with a band of armed knights....

106. Letter of Victor IV to the German Princes, 1159.

Ragewin, Gesta Frid., IV, ch. 60; M. G. SS. folio, XX; Doeberl, IV, no. 39 b.

See introductory note to no. 105.

Victor, bishop, servant of the servants of God, to his venerable brothers, the patriarchs, archbishops, bishops, and his dear sons, the abbots, dukes, marquises, counts, and other princes, and the imperial family who are connected with the most holy court of Frederick, the most serene and unconquered emperor of the Romans, greeting and apostolic benediction.

We believe that you cannot have forgotten how sincerely we have loved the empire and how we have labored in support of its honor and dignity. And now that we have been elevated to a higher dignity we wish to do even more for you and the empire. We therefore confidently beseech you, for the reverence which you have for St. Peter and for your love to us, to ask the emperor to take immediate steps to come to the aid and protection of the empire, which God has committed to him, and of the church of God, the bride of Christ, of which God has made him advocate and defender. If he does not, there is danger that his malicious enemies may prevail in this great struggle, and the little boat of St. Peter be overwhelmed by winds and storms, and the imperial dignity be humiliated.

We wish to inform you that under the Lord's guidance we have been elected pope. After our predecessor, Adrian IV, of blessed memory, had gone the way of all flesh and been buried in the church of St. Peter, we all came together to elect his successor. After long discussion and mature deliberation, God graciously inspired our brothers, the cardinal bishops, priests, and deacons of the holy Roman church, and the other clergy of Rome, to elect us. The people of Rome asked for our election and the senators and other nobles assented to it. We were canonically elected and then elevated to the throne of St. Peter. And on the first Sunday in October we were consecrated and received the full power of our office.

We humbly beseech you to aid us with your prayers to Him from whom come all power and dignities. Now the former chancellor, Roland, who was bound by oath in a conspiracy against the church of God and the empire in support of William of Sicily, had himself thrust into the papal office twelve days after we were elected. Such a thing had never been heard of before. If he should send you letters, you should refuse to receive them, because they are full of lies and he is a schismatic and a heretic. Pay no attention whatever to his letters.

107. The Account of the Election as Given by Gerhoh of Reichersberg, _ca_. 1160.

Doeberl, IV, no. 39 d.

See introductory note to no. 105.

When Adrian IV died, all the cardinal clergy of the holy Roman church met to elect his successor. A secret ballot was taken and the result announced. It was found that a majority of the cardinals had voted for Roland, the chancellor of Adrian IV. A few had voted for Octavian, and some also for _Magister_ Bernard. Since there could not be three popes, the majority tried to persuade the minority to give up their candidates and make the election of Roland unanimous. Those who had voted for Bernard then deserted him and some of them joined the party of Roland. The others said that they had no preference but would support either Octavian or Roland, provided the election of either were unanimous, and the church should not be divided on account of it. The number of cardinals who supported Octavian, or were willing to support him if elected, was seven. But a much larger number supported Roland. The majority then tried hard to persuade these seven to unite in electing Roland, and won over all but three of them. Two of these, John of Pisa, and Guido of Crema, were very contentious and declared that they would never desert Octavian. So they with the bishop of Tusculum made Octavian pope.

108. The Preliminary Treaty of Anagni between Alexander III and Frederick I, 1176.

Kehr, Vertrag von Anagni. in Neues Archiv, XIII, pp. 109 ff; Doeberl, IV no. 46 a.

The quarrel between the pope and emperor increased in bitterness. At the same time the Italian cities rebelled against Frederick and joined the pope. The Lombard league was formed and at Legnano, 1176, the emperor was utterly defeated. He then sent ambassadors to the pope at Anagni to discuss the terms of a treaty of peace. They agreed on the following articles which were afterward incorporated in the peace of Venice, 1177. The final treaty was made in 1183 and is called the treaty of Constance (see no. 109).

1. The emperor and the empress, and their son, king Henry, and all the princes promise to accept pope Alexander III as the catholic and universal pope, and to show him such reverence as their predecessors were wont to show to his predecessors.

2. The emperor promises to keep peace faithfully with pope Alexander and his successors and with the whole Roman church.

3. All the regalia and other possessions of St. Peter as held by the Roman church in the time of pope Innocent II, which have been seized by the emperor or his allies, shall be restored to pope Alexander and to the Roman church, and the emperor engages to aid the church in retaining possession of them.

4. The emperor restores to the pope and to the Roman church the control of the office of prefect of the city of Rome; the pope shall see to it that justice shall be done the emperor when he has occasion to seek his rights in the city.

5. All vassals of the church won over by the emperor to his side during the late quarrel, shall be released from their allegiance to him and restored to the pope and to the Roman church.

6. The emperor will restore to the pope and to the church the lands of the countess Matilda as they were held by the church in the time of the emperor Lothar and king Conrad and the present emperor Frederick.

7. The pope and the emperor will mutually aid one another in maintaining the honor and the rights of the empire and the church.

8. Everything unjustly taken from the churches by the emperor or his followers during the schism shall be restored to them.

9. The emperor will make peace with the Lombards on the terms to be agreed upon by representatives appointed for this purpose by the emperor and the pope and the Lombards. In case any difficulty arises in the course of these negotiations which the representatives cannot settle, it shall be decided by the majority of the special commissioners to be appointed for this purpose by the emperor and the pope in equal numbers.

10. The emperor will make peace with the king of Sicily and with the emperor of Constantinople and with all the allies of the pope, and he will not take revenge for any wrongs which they may have committed in assisting the Roman church.

11-22. Articles referring to individuals and lesser details.

23. Pope Alexander and the cardinals on their part make peace with the emperor and the empress and their son, king Henry, and all their party. This, however, shall not prejudice those rights of controlling and judging ecclesiastical persons which are herein surrendered to the pope and to the Roman church, nor the rights of the Roman church over the lands of St. Peter now withheld by other persons, nor the special exceptions made in this document in favor of the pope and the Roman church, on one side, and the emperor and the empire, on the other.

24. The pope and the cardinals will take their oath to keep this peace, the oath to be drawn up in writing and signed by the cardinals.

25. The pope shall immediately call together as large a council as possible, and with the cardinal bishops and other clergy who may be present, shall excommunicate all who break this peace. Afterward he shall do the same in a general council.

26. Many of the nobles of Rome and the great vassals of Campania shall also take oath to keep this peace.

27. The emperor and the princes of the empire will also take their oaths to keep this peace, the oath to be drawn up in writing and signed by the emperor and the princes.

28. If the pope should die first, the emperor and his son, king Henry, and the princes shall observe these terms of peace with his successors and all the cardinals and the whole Roman church, and with the Lombards and the king of Sicily and all the allies of the church. If the emperor should die first, the pope and the cardinals and the Roman church shall observe these terms with the empress Beatrice, and her son, king Henry, and with all the German people and their allies, as written above.

29. In the meantime the emperor shall not attack the land of St. Peter, whether held by the pope in person or by the king of Sicily or other vassals of the pope.

30. If the negotiations for peace are broken off by either side before they are completed, which God forbid, truce shall be kept for three months after the notification of withdrawal.

109. The Peace of Constance, January 25, 1183.

Muratori, IV, pp. 307 ff; M. G. LL. folio, II, pp. 175 ff; Doeberl, IV, no. 51 c.

See introductory note to no. 108.

In the name of the holy and undivided Trinity. Frederick, by divine mercy emperor of the Romans, Augustus, and Henry VI, his son, king of the Romans, Augustus....

1. We, Frederick, emperor of the Romans, and our son Henry, king of the Romans, hereby grant to you, the cities, territories, and persons of the league, the regalia and other rights within and without the cities, as you have been accustomed to hold them; that is each member of the league shall have the same rights as the city of Verona has had in the past or has now.

2. The members of the league shall exercise freely and without interference from us all the rights which they have exercised of old.

3. These are the rights which are guaranteed to you: the _fodrum_, forests, pastures, bridges, streams, mills, fortifications of the cities, criminal and civil jurisdiction, and all other rights which concern the welfare of the city.

4. The regalia which are not to be granted to the members of the league shall be determined in the following manner: in the case of each city, certain men shall be chosen for this purpose from both the bishopric and the city; these men shall be of good repute, capable of deciding these questions, and such as are not prejudiced against either party. Acting with the bishop of the diocese, they shall swear to inquire into the questions of the regalia and to set aside those that by right belong to us. If, however, the cities do not wish to submit to this inquisition, they shall pay to us an annual tribute of 2000 marks in silver as compensation for our regalia. If this sum seems excessive, it may be reduced.

5. If anyone appeals to us in regard to matters which are by this treaty admitted to be under your jurisdiction, we agree not to hear such an appeal.

6. The bishops, churches, cities, and other persons, clerical and lay, shall retain possession of the property or rights which have been granted to them before this war by us or by our predecessors, the above concessions excepted. The accustomed dues for such holdings shall be paid to us, but not the tax.

7. Such possessions as we have granted to members of the league, inside or outside of cities, shall not be included among those regalia for which taxes are to be paid to us.

8. All privileges, gifts, and concessions made in the time of the war by us or our representatives to the prejudice or injury of the cities, territories, or members of the league are to be null and void.

9. Consuls of cities where the bishop holds the position of count from the king or emperor shall receive their office from the bishop, if this has been the custom before. In all other cities the consuls shall receive their office from us, in the following manner: after they have been elected by the city they shall be invested with office by our representative in the city or bishopric, unless we are ourselves in Lombardy, in which case they shall be invested by us. At the end of every five years each city shall send its representative to us to receive the investiture.

10. This arrangement shall be observed by our successor, and all such investitures shall be free.

11. After our death, the cities shall receive investiture in the same way from our son and from his successors.

12. The emperor shall have the right of hearing appeals in cases involving more than 25 pounds, saving the right of the church of Brescia to hear appeals. The appellant shall not, however, be compelled to come to Germany, but he shall appeal to the representative of the emperor in the city or bishopric. This representative shall examine the case fairly and shall give judgment according to the laws and customs of that city. The decision shall be given within two months from the time of appeal, unless the case has been deferred by reason of some legal hindrance or by the consent of both parties.

13. The consuls of cities shall take the oath of allegiance to the emperor before they are invested with office.

14. Our vassals shall receive investiture from us and shall take the vassal's oath of fidelity. All other persons between the ages of 15 and 70 shall take the ordinary oath of fidelity to the emperor unless there be some good reason why this oath should be remitted.

15. Vassals who have failed to receive investiture from us or to render the services due for their fiefs, during the war or the truce, shall not on this account lose their fiefs.

16. Lands held by _libelli_ and _precariæ_ shall be held according to the customs of each city, the feudal law of Frederick I to the contrary notwithstanding.

17. All injuries, losses, and damages which we or our followers have sustained from the league or any of its members or allies are hereby pardoned, and all such transgressors are hereby received back into our favor.

18. We will not remain longer than is necessary in any city or bishopric.

19. It shall be permitted to the cities to erect fortifications within or without their boundaries.

20. It shall be permitted to the league to maintain its organization as it now is or to renew it as often as it desires.

110. The Formation of the Duchy of Austria, 1156.

Wattenbach, Die ost. Freiheitsbriefe; Doeberl, IV, no. 31 a.

The nobles of Germany early showed the desire to free themselves from the control of the emperor and to acquire independence at the expense of the crown. The document by which Frederick I created the duchy of Austria out of the Bavarian east mark and gave it to his uncle, Henry, contains some concessions which tended to weaken the crown. Instead of binding the new duke closely to the crown and compelling him to render services commensurate with his high position, the emperor excused him from attending diets which were not held near his lands, and from military service except in the lands which adjoined his. He also gave the duke the complete administration of justice in his territory. Other princes were not slow to demand similar privileges, and the crown was gradually stripped of its powers and prerogatives. See nos. 136, 139, 153, 160. The duchy of Austria, created by this grant, came into the possession of the Hapsburg family, and formed the centre of the Hapsburg lands, the present Austro-Hungarian empire. See no. 150.

In the name of the holy and undivided Trinity. Frederick, by divine mercy emperor of the Romans, Augustus. ... Know all our faithful subjects, present and future, that with the aid of him who sent peace on earth, we have been able to settle the long quarrel between our beloved uncle Henry, duke of Austria, and our beloved nephew, Henry, duke of Saxony, over the possession of the duchy of Bavaria. This was accomplished at the diet of Regensburg on the day of the Nativity of the blessed Virgin Mary in the presence of many pious catholic princes. This is the way in which the settlement was reached: The duke of Austria resigned the duchy of Bavaria into our hands, and we immediately granted it in fief to the duke of Saxony. Then the duke of Bavaria [Henry of Saxony] surrendered to us the mark of Austria with all its rights and all the fiefs which the former margrave Luitpold held of the duchy of Bavaria, and we have made the mark of Austria a duchy with the consent of the princes, Wadislaus, duke of Bohemia, putting the motion and the other princes agreeing to it. This was done in order that our beloved uncle should not lose in rank by the transfer. We have now granted the duchy of Austria in fief to our uncle Henry and to his wife Theodora, decreeing by this perpetual edict that (1) they and their children after them, whether sons or daughters, shall hold and possess it by hereditary right. If our uncle and his wife should die without children, they may leave the duchy by will to whomsoever they desire. (2) We decree also that no person, great or small, shall presume to exercise any of the rights of justice within the duchy, without the consent and permission of the duke. (3) The duke of Austria does not owe any services to the empire, except to attend, when summoned, such diets as may be held in Bavaria. (4) He is not bound to join the emperor on any campaign except such as may be directed against parts of the kingdom neighboring to Austria.

111. The Bishop of Würzburg is made a Duke, 1168.

Bresslau, Diplomata Centum, no. 72; Doeberl, IV, no. 44.

The old duchy of Franconia disappeared with Conrad II (1024-39). The Staufer, who inherited the family lands of Conrad II, called themselves dukes of Rothenburg, and not of Franconia. A large part of the original duchy went to make up the bishoprics of Mainz, Bamberg, and Würzburg. In time the bishops of Würzburg put forth the claim that they had received the ducal office in Franconia. In a diet at Würzburg, 1168, Herold, the ambitious bishop of Würzburg, presented some forged documents to Frederick I to prove that the bishops of Würzburg were also dukes and had ducal authority in the duchy of Würzburg, which was identical with the bishopric. Frederick was deceived by these forgeries and confirmed the bishop in his usurped title and authority. The bishops of Würzburg now received the highest jurisdiction over their territory.

In the name of the holy and undivided Trinity. Frederick, by the mercy of God emperor of the Romans, Augustus.... Be it known to all the faithful subjects of God and of our empire, both present and future, that we held a diet at Würzburg recently, where with the aid of God we were able to reconcile the differences which had arisen among the princes of Saxony. At that diet also Herold, venerable bishop of Würzburg, attended by his whole chapter and by a large following of freemen and ministerials, besought us to confirm by our imperial authority the jurisdiction over the church and duchy of Würzburg, which has belonged to his predecessors since the time of Karl the Great. We always delight to grant the reasonable requests of suppliants, and we have no wish to disturb the arrangements made by former emperors, unless there is some need of correction. In this case it is apparent that the settlement made by the former emperors is just, and that the lands have been held unquestioned for a long time by the church and the duchy of Würzburg. Therefore, influenced by the fidelity and devotion of the bishop and by the intercessions of the chapter of his church, whose devotion to him has touched our heart, we give and grant to the venerable bishop Herold and to his successors forever the jurisdiction and right of administering justice in the whole bishopric and duchy and all its counties; that is, the right to punish cases of rapine and incendiarism, to exercise authority over freeholds, fiefs, and vassals, and to inflict capital punishment. By our imperial authority expressed in this perpetual decree, we forbid any person, ecclesiastical or secular, to exercise any jurisdiction in these matters within the bishopric and duchy of Würzburg and its counties; except that the counts should have jurisdiction within their counties over those freemen who are known as _bargaldi_. If anyone acts contrary to this he is guilty of violating the decrees of former emperors, the rights of the church of Würzburg, and this our decree. We also forbid anyone to create hundred-courts or appoint _centgrafs_ (hundred-courts) within this bishopric and duchy and its counties, except by the grant of the bishop-duke of Würzburg. Further, we have destroyed the castle of Bamberg, which has been the cause of so much trouble to the church and the whole province, and have given the hill upon which it stood to the church of Würzburg, forbidding the erection of a castle or fortification again upon it. We have destroyed also the castle of Frankenberg, which menaced the neighboring monastery of Amerbach and imperilled the peace of the church of Würzburg, and have given it under similar conditions to that church.

112. Decree of Gelnhausen, 1180.

Heinemann, Cod. Anhalt., no. 1 c; Doeberl, IV. no. 5O.

As early as 953 Bruno, archbishop of Cologne, received the ducal authority over Lothringen. This gave him the power to hold local diets and to summon both the bishops and secular nobles to attend them. The Gelnhausen decree, so named because it was published in a diet held at Gelnhausen, is important because it contains an official account (1) of the trial of Henry the Lion, and (2) of the partition of the duchy of Saxony. The archbishop of Cologne now receives the ducal authority over a part of the duchy of Saxony. There is here a good illustration of the policy which Frederick I followed of weakening the great duchies by dividing them.

In the name of the holy and undivided Trinity. Frederick, by divine mercy emperor of the Romans, Augustus....

Know all faithful subjects of the empire, both present and future, that Henry, former duke of Bavaria and Westphalia, has oppressed the churches of God and the nobles of the empire by seizing their lands and violating their rights, has refused to obey our summons to present himself before us and has therefore incurred the ban, and even after that has continued to injure the churches and nobles. Now therefore on account of the injuries which he has inflicted upon these persons, and on account of the contempt which he has so often shown to us, and especially on account of his violation of feudal law, in that he refused to obey the three summonses to present himself before us, he has been judged contumacious and by the unanimous sentence of the princes in the diet held at Würzburg has been deprived of the duchies of Bavaria, Westphalia, and Engria [that is, Bavaria and Saxony] and of all the fiefs which he held of the empire, and these territories have been restored to our control.

Now by the advice of the princes we have divided the duchy of Westphalia and Engria [Saxony] into two parts and have conferred that part which is included in the dioceses of Cologne and Paderborn upon our beloved prince, Philip, archbishop of Cologne, because of his conspicuous merits, and of his labors and expenditures for the crown. We have given and granted this territory to the church of Cologne with the counties, advocates, rights of safe-conduct, domains, farms, fiefs, ministerials, serfs, and all other things which belong to that duchy; and we have solemnly invested the aforesaid Philip by the banner [flag] of the empire with that portion of the duchy which is given to his church. This was done by the decision of all the princes of the diet, and with the public consent of our relative, duke Bernard, to whom we have given the other part of the duchy of Westphalia and Engria....

113. Papal Election Decree of Alexander III, 1179.

Watterich, Pont. Rom. Vitæ, II, pp. 644 f; Doeberl, IV, no. 49.

Disputed elections might easily take place, because there was no clear law governing them. It was not the majority of the cardinals who could elect, but those of the "better and wiser counsel." No matter how small the number of cardinals who might vote for a particular candidate, he could easily claim to be elected because he could say that his supporters were of the "better and wiser counsel." To prevent such occurrences, Alexander III decreed that the votes of two-thirds of the cardinals were necessary to elect.

Concerning the election of the pope. Although our predecessors have issued decrees intended to prevent disputed elections in the papacy, nevertheless, the unity of the church has frequently been imperilled by the wicked ambition of men. We have decided with the advice of our brothers and the approval of the council that something further must be done to prevent this evil. Therefore we have decreed that when the cardinals cannot come to a unanimous vote on any candidate, that person shall be regarded as pope who receives two-thirds of the votes, even if the other one-third refuse to accept him and elect a pope of their own. If anyone who has been elected by only a third of the cardinals shall presume to act as pope he and his followers shall be excommunicated and deprived of all ecclesiastical rank; they shall not be allowed to take communion, unless it be extreme unction, and unless they repent they shall have their part with Dathan and Abiram [Num. 16], whom the earth swallowed alive. No one who has been elected by less than two-thirds, shall presume to act as pope, and if he does he shall suffer the same penalty. This decree shall not be to the prejudice of the canon law or of the practice in other churches where the voice of the majority is declared to be decisive in elections, because any dispute arising in these churches can be settled by appeal to higher authority. The Roman church requires a special law, because there is in her case no higher authority to appeal to.

114-115. Supremacy of the Papal Power.

114. Innocent III to Acerbius, 1198.

Migne, 214, col. 377.

Innocent III here gives an interesting statement of the theory of papal supremacy and of the relations existing between papacy and empire.

Innocent III to Acerbius, prior, and to the other clergy in Tuscany. As God, the creator of the universe, set two great lights in the firmament of heaven, the greater light to rule the day, and the lesser light to rule the night [Gen. 1:15,16], so He set two great dignities in the firmament of the universal church, ... the greater to rule the day, that is, souls, and the lesser to rule the night, that is, bodies. These dignities are the papal authority and the royal power. And just as the moon gets her light from the sun, and is inferior to the sun in quality, quantity, position, and effect, so the royal power gets the splendor of its dignity from the papal authority....

115. The Use of the Pallium. Innocent III to the Archbishop of Trnova (in Bulgaria), 1201.

Migne, 215, col. 294.

To the honor of omnipotent God, and of the Blessed Virgin Mary, and of the blessed apostles, Peter and Paul, and of pope Innocent and of the Roman church, as well as of the church committed to you, we give you the pallium. It was first placed on the tomb of St. Peter, from which place we have taken it to send it to you. It is the symbol of the full power of the bishop's office. You shall wear the pallium only when you celebrate mass in the churches of your own diocese on the following days: Christmas, St. Stephen's, Circumcision, Epiphany, Purification of the Virgin Mary, Palm Sunday, Thursday and Saturday of Passion week, Easter Sunday, Monday after Easter, Ascension of our Lord, Pentecost, the three feasts of St. Mary, the birthday of John the Baptist, the feast days of all the apostles, All Saints' day, and when a church is to be dedicated, or bishop consecrated, or clergy ordained, on the principal feast days of your own church, and on the anniversary of your consecration.

The bishop of Rome alone always wears the pallium when celebrating mass because he has the plentitude (fullness) of ecclesiastical power, which is symbolized by the pallium. Others wear it only on certain days, and in that diocese over which they have received ecclesiastical authority, because they are called to have authority over only a part of the church, and not over all of it [as the pope is].

116-118. The Punishment of Heretics.

116. Innocent III to the Archbishop of Auch in Gascony, 1198.

Migne, 214, col. 71.

Many heresies were appearing in various parts of Europe, and Innocent III made special efforts to suppress them. The three following documents illustrate the means by which he hoped to destroy them. These letters are directed to Spain and to Gascony, where the Albigensian heresy was flourishing.

The little boat of St. Peter is beaten by many storms and tossed about upon the sea, but it grieves us most of all that, against the orthodox faith, there are now arising more unrestrainedly and with more injurious results than ever before, ministers of diabolical error who are ensnaring the souls of the simple and ruining them. With their superstitions and false inventions they are perverting the meaning of the Holy Scriptures and trying to destroy the unity of the catholic church. Since we have learned from you and others that this pestilential error is growing in Gascony and in the neighboring territories, we wish you and your fellow bishops to resist it with all your might, because it is to be feared that it will spread and that by its contagion the minds of the faithful will be corrupted. And therefore by this present apostolical writing we give you a strict command that, by whatever means you can, you destroy all these heresies and expel from your diocese all who are polluted with them. You shall exercise the rigor of the ecclesiastical power against them and all those who have made themselves suspected by associating with them. They may not appeal from your judgments, and if necessary, you may cause the princes and people to suppress them with the sword.

117. Innocent III Commands all in Authority to aid his Legates in Destroying Heresy, 1198.

Migne, 214, col. 142.

See introductory note to no. 116.

In order to catch the little foxes which are destroying the vineyard of the Lord [Song of Sol. 2:15], and to separate heretics from the society of the faithful, we have sent to you our beloved son and brother, Rainerius, who, by the divine aid, is powerful in both word and deed, and with him our beloved son and brother, Guido, who fears God and is devoted to works of love. We ask, warn, exhort, and for the forgiveness of your sins command you to receive them kindly and render them assistance against the heretics by giving them advice and aid. We have ordered Rainerius to go on into Spain on certain important ecclesiastical matters, and so we order all archbishops and bishops to use, at the command of Guido, the spiritual sword against all heretics whom he shall name to you. And we order the laymen to confiscate their goods and drive them out of your territories, and thus separate the chaff from the wheat. Moreover to all who faithfully and devoutly aid the church in preserving the faith in this time of great danger which is threatening her, we grant the same indulgence of sins as to those who make a pilgrimage to the churches of St. Peter or of St. James.

118. Confiscation of the Property of Heretics. Innocent III to the King of Aragon, 1206.

Migne, 215, col. 915 f.

See introductory note to no. 116.

Since according to the gospel, the "laborer is worthy of his hire" [Luke 10:7], and in another place it is said, "Thou shalt not muzzle the mouth of the ox that treadeth out the corn" [1 Cor. 9:1], it is certainly even more fitting that a proper reward should be given those who, zealous for the divine law, labor to destroy the little foxes which are ruining the vineyard of the Lord [Song of Sol. 2:15]; we mean those who are endeavoring to pervert the Christian faith. Their reward should be all the greater, because if these foxes are killed the vineyard will be able to bear much greater fruit in works of piety. Led by such considerations, we concede to you, by this present writing, the right to reserve for your own use all the movable as well as immovable goods of heretics and of their supporters, of which you are able to get possession.

119. Innocent III Commands the French Bishops to Punish Usury, 1198.

Migne, 214, col. 376.

The code of Justinian permitted the taking of interest, but the Biblical view of the matter prevailed and in the Middle Age to accept interest in any form on loans was usury. The church often renewed her prohibitions of the custom, but was unable to abolish it. Finally in the sixteenth century the distinction was made between a reasonable and just rate of interest, which was permissible, and an excessive rate, which was declared to be usury, and therefore prohibited.

We believe that you know how pernicious the vice of usury is, since, in addition to the ecclesiastical laws which have been issued against it, the prophet says that those who put their money out at interest are to be excluded from the tabernacle of the Lord [Ps. 15:5]. And the New Testament, as well as the Old, forbids the taking of interest, since the Truth [Christ] himself says: "Lend, hoping for nothing again" [Luke 6:35]. And the prophet says: "Thou shalt not receive usury or increase" [Ezek. 18:17]. We command you all by this apostolical writing not to permit those who are known as usurers to clear themselves by any subterfuge or trick when they are charged with the crime.

120. Innocent III Forbids Violence to the Jews, 1199.

Migne, 214, col. 864.

During the Middle Age the Jew received no protection from the law. It took no account of him. He was compelled to pay for the permission to live in a Christian state or in a Christian town. Such a permission was often revoked at the will of the government (emperor, duke, bishop, city council, etc.), and the Jews were then plundered by the government or the mob, and made to pay well to have the permission renewed. Although the government often robbed them, they had more to fear from the fanaticism and covetousness of the mob, against which the government was generally helpless to protect them. The more enlightened of the clergy tried to shield them, but generally without success. This document gives an idea of the ways in which they were commonly molested, as well as of the enlightened humanity of Innocent III. See also nos. 299, 300.

... We decree that no Christian shall use violence to compel the Jews to accept baptism. But if a Jew, of his own accord, because of a change in his faith, shall have taken refuge with Christians, after his wish has been made known, he may be made a Christian without any opposition. For anyone who has not of his own will sought Christian baptism cannot have the true Christian faith. No Christian shall do the Jews any personal injury, except in executing the judgments of a judge, or deprive them of their possessions, or change the rights and privileges which they have been accustomed to have. During the celebration of their festivals, no one shall disturb them by beating them with clubs or by throwing stones at them. No one shall compel them to render any services except those which they have been accustomed to render. And to prevent the baseness and avarice of wicked men we forbid anyone to deface or damage their cemeteries or to extort money from them by threatening to exhume the bodies of their dead....

121. Innocent III to the Archbishop of Rouen, 1198.

Migne, 214, col. 93.

It was not uncommon for clergymen to hold livings or benefices (receive an income) from different churches at the same time. In such cases, they of course found it impossible to live in all the parishes from which they received money or support. And some clergymen, although supported by some church, cared little for their clerical duties and evaded them by living in some other parish. This letter to the archbishop of Rouen represents a part of the reforming work of Innocent III. He endeavored to correct these abuses, as is apparent from this letter.

Since it is written that whoever does not work shall not eat [2 Thess. 3:10], we believe it wrong that clergymen do not serve those churches from which they have their livings. You have informed us that certain canons of the church of Rouen receive incomes and livings from the church, but do not live there, as they should, and that the church of Rouen is thereby unjustly deprived of the services of the clergy whom she supports. Therefore we grant your petition, venerable brother in Christ, and by our apostolic authority give you full power to use ecclesiastical discipline to compel them to live in their churches, as the law and custom of the church require.....

122. Innocent III to a Bishop, Forbidding Laymen to Demand Tithes of the Clergy, 1198.

Migne, 214, col. 433 f.

This letter does not differ materially from the bull "Clericis laicos," no. 162. See the introductory note to it.

Since it is improper and contrary to reason that laymen, who are bound to pay tithes to the clergy, should presume to extort tithes from them, to the utter confusion of the established order of things, we grant your petition, and give all the monasteries, churches, and clergy of your diocese the permission to refuse to pay any tithes which may be demanded of them by laymen, no matter under what pretext such a demand may be made. And if laymen, contrary to this writing, shall attempt to collect such tithes by violence, you shall put them under ecclesiastical interdict and deprive them of the right to appeal.

123-125. The Secular Power of Innocent III.

123. The Prefect of Rome Takes the Oath of Fidelity to the Pope, 1198.

Migne, 214, cols. 18 and 529.

Innocent III attempted to build up a system of papal government in all the lands which he claimed. This document shows how his authority in Rome was recognized. No. 124 is an illustration of the oath which he required of the local princes in Italy who held lands from him. No. 125 is offered as an evidence of his government in Sicily.

The next day after the coronation of Innocent III, Peter, prefect of the city of Rome, in the consistory of the Lateran palace, publicly took the oath of fidelity to Innocent and his successors, against all men, and received from the pope a robe as the symbol of his investiture, with the prefecture. And then he did Innocent liege homage and the pope gave him a silver cup as the sign of his favor.