Chapter XXI: Section 1: means that the Roman church received the primacy over the (5)

23. If serfs, freemen subject to advocates, or vassals of any lord, shall dwell within any of our cities, they shall not be prevented by our officials from going to their lords.

140-142. Treaty of San Germano, 1230.

140. The Preliminary Agreement.

Huillard-Bréholles, Hist. Dipl. Fred. II, III, pp. 210 f; Böhmer-Ficker, no. 1799; Doeberl, V, no. 16 d.

The chief cause of the first quarrel between Frederick and the pope was Frederick's refusal to keep his vow to go on a crusade. In 1215, on the day he was crowned king, he vowed to make a crusade, and again in 1220, when crowned emperor, he renewed the vow. For various reasons he several times put off going. Each time the pope was deeply disappointed, but eventually accepted the emperor's excuses. Again in 1225 he renewed his vow and set the time of his departure in August, 1227. But the pope had lost confidence in Frederick, as well as his patience. He stipulated that if the emperor did not keep his word, he should be excommunicated. Frederick sailed Aug. 8, 1227, but returned to land two days later. On this account Gregory IX excommunicated him, Sept. 29, 1227. Frederick published an apology for his conduct and called a crusade to take place the following May. Without seeking to have the excommunication removed, he sailed in June, 1228. For this the pope renewed the excommunication. While Frederick was absent in Palestine, his imperial vicar in Italy came into actual conflict with the papal officials about matters of government. When Frederick returned from Palestine in 1230, the pope was hardly prepared to carry on the war. So through the intercession of various princes the peace of San Germano was brought about. The preliminary agreement is found in no. 140. The papal stipulations are contained in no. 141. In order to convince the pope of his good intentions and to renew friendly relations with him, Frederick made him a visit soon after the peace was established. The pope wrote a friend an account of this visit, which is found in no. 142.

In the name of the Lord, amen. Bertold, patriarch of Aquileia; Eberhard, archbishop of Salzburg; Siegfied, bishop of Regensburg; Leopold, duke of Austria and Styria; Bernard, duke of Carinthia; Otto, duke of Meran; by the grace of God princes of the empire. Know all people by this writing that our mother the holy Roman church, and our lord, Frederick, emperor of the Romans, Augustus, king of Jerusalem and Sicily, have agreed to enter into negotiations for the purpose of discovering some means by which the cities of Gaeta and Sant' Agatha and other cities of Sicily which have gone over to the church may be restored to the empire without detracting from the honor of the church. The time within which these negotiations shall be completed is limited to one year, and the church promises to do all in her power to discover the means of arranging the transfer within that time. If, however, no agreement is reached within the year, the church and the empire are to appoint each two representatives who shall try to reach a settlement. If they are unable to agree, they shall choose a fifth person, and the majority shall decide. The emperor has caused Thomas, count of Acerra, to swear for him that he, the emperor, will not molest the said lands and persons nor permit them to be molested during the course of the negotiations, and that he will accept the terms agreed upon by the holy Roman church and the emperor or by their respective representatives. Know also that the emperor has pardoned the Germans, Lombards, Tuscans, Sicilians, French, and all others who adhered to the church party against him, and has caused the count of Acerra to swear for him that he will never molest them nor allow them to be molested on account of the assistance which they gave the Roman church against him, but that he will keep true peace with them and with the church. The emperor also remits all sentences, decrees, and bans issued by him or by anyone else because of this quarrel. He promises also that he will not invade or waste the lands of the church in the duchy [of Rome] or the march [of Ancona], as set forth in other documents under the imperial seal. We have pledged ourselves on the holy gospels to see to it that the emperor does not violate these conditions. If he does, after allowing him a certain time to make satisfaction (namely: three months in Sicily, four months in Italy, and five months outside of Italy), we will assist the church at her request against him until he shall make satisfaction. If the emperor fails to appoint representatives or prevents them from going to the conference, we will hold ourselves bound to assist the church, as said above. But if the church refuses to appoint representatives or prevents them from attending the conference we shall not be bound by this oath.

141. Papal Stipulations in the Peace of San Germano, 1230.

Huillard-Bréholles, III, pp. 218 f; Böhmer-Ficker, no. 1817; Doeberl, pp. 66 f.

See introductory note to no. 140.

We, John, by the grace of God Sabine bishop, and Thomas, cardinal priest of the title of Santa Sabina, legates of the apostolic see, by the authority of the pope, make the following demands of the emperor. 1. He shall not prevent free elections and confirmations in the churches and monasteries of the kingdom. 2. He shall make satisfaction to the counts of Celano and to the sons of Rainald of Aversa, according to the terms of the agreement, in those things for which the church became security. 3. Likewise he shall make satisfaction to the Templars and Hospitallers and other ecclesiastical persons, for the property which he has taken from them, and the injuries and losses which he has inflicted upon them, and the terms of this satisfaction shall be fixed later by the church. 4. Likewise for eight months from the day of his absolution he shall furnish suitable persons under oath as security to the church. The church will name these persons from among the princes, counts, and barons of Germany, and the communes of Lombardy, Tuscany, the mark, and Romagnola, and the marquises, counts, and barons of those territories, and they shall stand as security to the church for the conduct of the emperor. If he does not obey the commands of the church, or breaks the peace, or seizes or devastates the land of the church or of her vassals, they shall aid the church against him. The church will not proceed against him at once if he commits a wrong. But if he is in the kingdom of Sicily, he may have three months; if he is in Italy, he may have four months; if he is outside of Italy, he may have five months, in which to make good any wrong he may do. Those who are security for the emperor shall give the church sealed documents containing their promise to aid her. The emperor shall, within fifteen days, send a messenger to the papal court to receive the names of those whom the church wishes as security. All the above things are stipulated. But we leave it to his honor to fulfill all that he has promised about the crusade, and to obey the church in this matter. If through preoccupation or inattention we have omitted anything which we should have included in the above stipulations, the pope shall have the right to add it.

They also declared that the pope wished to be reimbursed for all the expenses to which the church had been put outside of the kingdom in preserving her liberties and the patrimony of St. Peter.

The legates also pronounced a sentence of excommunication on the emperor which should go into effect at once if the emperor should fail to observe any of the above stipulations....

142. Letter of Gregory IX about the Emperor's Visit to him after the Peace of San Germano, 1230.

Huillard-Bréholles, III, p. 228; Böhmer-Ficker-Winkelmann, no. 6818; Doeberl, V, no. 16 f.

See introductory note to no. 140.

Gregory, etc. Since we know that you, as an especially dear son, are pleased to hear good news about us, we have determined to inform you by letter of the good fortune which has befallen us in the last few days. The other day [Sept. 1] our most dear son in Christ, the illustrious emperor of the Romans [Frederick II], came with great pomp and a magnificent retinue to visit us. He manifested a devotion which was truly filial. His humility before us and his reverence for us as the vicar of St. Peter, the prince of the apostles, were as great as any of his predecessors have shown to any of ours. As an evidence of his favor and of his attitude toward us, the next day after his arrival he came to see us in our own home, not with imperial ceremony, but, as it were, in the simplicity of a private person. He took dinner with us and we were surprised and delighted with his kindness and devotion. The day was rendered joyful and memorable by the pleasure which we both received from taking dinner together. After dinner we talked and laughed about all sorts of matters, and we discovered that he was quite ready to obey our wishes in all respects, in regard both to religious matters and to the patrimony of St. Peter. By this we were greatly comforted in the Lord, and we thought that we ought to let you, first of all, share in our comfort and joy. We hope you will make this known to all those about you. We command you to make it known to our subjects in Campania and to encourage them to remain faithful to St. Peter and to us. Strengthen them as much as you can, and urge them to be constant and courageous. As we have told you of the promises of Frederick, we shall keep you informed of the way in which he fulfils them.

143-144. The Final Struggle between Gregory IX and Frederick II.

143. Papal Charges and Imperial Defence, 1238.

Huillard-Bréholles, V, p. 249; Böhmer-Ficker, no. 2401; Doeberl, V, no. 22 e.

The peace of San Germano was not kept long. The fundamental principles of pope and emperor conflicted with each other. No peace between them could be lasting so long as the primary question of supremacy was not settled. Frederick soon began to put forth imperial claims in various matters, and the pope resisted them. The struggle grew more and more bitter and they both came into such a state of mutual exasperation and irritation that any trifle brought forth long complaints and sharp reproofs. Of the many vigorous documents which concern their final break we give only two. Gregory wrote to certain bishops ordering them to take the emperor to task on a long list of charges. They did so, and the emperor refuted them, charge by charge. These papal charges and imperial denials are given first. Gregory was not convinced by the emperor's answers. The document by which he excommunicated Frederick is given in no. 144.

To the most holy father in Christ, Gregory [IX] by the grace of God pope, his devoted bishops of Würzburg, Worms, Vercelli, and Parma, humbly commend themselves and offer due and sincere reverence.

We reverently received your letter in which you ordered us to remonstrate with our lord the Roman emperor [Frederick II] about certain matters, a list of which was enclosed in your letter. Although we hesitated to do so because we are his subjects and were not sure that he would patiently receive our remonstrances, nevertheless we reverently went to him and set forth all the things which were contained in your letter to us and also in the large number of letters which you had written to him. God who rules and directs the hearts of kings as he will brought it about that he granted us an audience and listened to our words with great readiness and humility. He also called together the venerable archbishops of Palermo and Messina, the bishops of Cremona, Lodi, Novara, and Modena, and the abbot of San Vincenzo, and a great number of friars, both Dominicans and Franciscans, and in the presence of us all he responded to each one of the charges in their order as is set forth below. And in accordance with your command, we send you a faithful statement of his answers.

1. _The papal charge._ The churches of Monreale, Cefalu, Catania, and Squillace, and the monasteries of Mileto, Santa Eufemia, Terra Maggiore, and San Giovanni in Lamæ, have been robbed of almost all of their possessions. Likewise nearly all bishoprics, churches, and monasteries have been unjustly deprived of their liberties and prerogatives. _The emperor's answer._ In regard to the complaints of the churches, which are stated in a general way, orders have been given that certain things, done in ignorance, should be corrected at once; and others have already been corrected by our faithful messenger and notary, William de Tocco. He was sent especially for this purpose and he was ordered to go first to the papal court, and, after consultation with the archbishop of Messina, to follow his counsel in revoking all the things which he found were done unjustly. He had scarcely entered the kingdom when he found certain lands in the possession of members of the imperial family [ministerials]. He dispossessed them and restored the lands to their former owners. If he should find any lands were held illegally by the emperor, he was ordered to restore them to their owners. And when the pope learned of what he had done he approved the emperor's action in sending him and the diligence of the messenger. Since the kingdom is divided into several provinces, the messenger has not yet been able to go through them all. Hence his work is not yet done, and there are still some things to be corrected. In regard to the church of Monreale, the emperor declared that it had not suffered anything through him, unless it wished to hold him responsible for the devastations committed by the Saracens who had ravaged its lands. But they recognize neither the emperor nor the church. Nor had they spared anyone or anything. They had devastated the land clear up to the walls of the church, and they had spared no Sicilian. In fact, they had left scarcely a Christian alive in all that territory. The emperor declares that with great difficulty and expense he has exterminated them from Sicily. If he has done the churches a wrong in this, it is at least his only one. Nor has he tried to injure them.

In regard to the church at Cefalu, the emperor said that he had done no wrong, because the kings of Sicily have always held the castle of Cefalu, which is a strong citadel in the mark of the Saracens, and commands the sea. In the days of Innocent III the bishop of Cefalu had got possession of it, not legally but through an uprising. But Innocent ordered his legate who was then in Sicily caring for the interests of Frederick, who was still a child, to take the castle from the bishop and have it kept for Frederick until he should come of age. It has not been restored to the bishop nor should it be, because he has no right to it. Even if he had a right to it, it should not be restored to him, because, according to common report, he is a forger, a homicide, a traitor, and a schismatic. Therefore even if he had a right to it, it should not be restored to him. In the same way he said he was innocent of the charges about the church of Catania, unless he were held responsible for the conduct of some of the men from the imperial domain, who, in time of war, had gone to Catania to find a place that was secure and fertile. The emperor said that he had recalled them to his domains by a general edict of the realm, by which the counts, barons, and other men of the realm recalled the men belonging to their domains, no matter where they should find them, whether on the lands of the church or in the imperial cities. Besides, in regard to these things, the statute was passed and the time set at the request of the pope, as is clear from the letters of the patriarch of Antioch and the archbishops of Palermo and Messina. Likewise the emperor said that an equitable trade had been made with the churches of Mileto and Santa Eufemia, and with the abbot and monks of Terra Maggiore. This trade had been made with the permission of their clergy and their convents, according to the legal form, and they to-day hold and possess the things which they received in exchange. But the village of San Severo was not wholly the property of the abbot of Terra Maggiore, for another had certain rights there which he held as a fief from the empire. It was justly condemned and destroyed, because the men of that place in the time of an uprising had killed Paul de Logotheta, the bailiff of the emperor, and seized the cattle of the emperor. And yet the abbot and his monastery had received some land in exchange for their share of this village which had been destroyed. In accordance with a legal decision the place called Lamæ has been fortified by the abbot of San Giovanni Rotundo, and according to both the civil and canon law, suit about it must be brought against him in the imperial court.

2. _The papal charge._ The possessions, both movable and immovable, which had been taken from the Templars and Hospitallers, have not been restored to them in accordance with the terms of the agreement which was made. _The emperor's answer._ It is true that by a legal process and in accordance with an ancient law of the kingdom of Sicily, fiefs and "burgher lands" have been taken from the said orders. But they had received those lands from those who were invading the kingdom and waging war on the emperor. Besides they furnished the king's enemies with horses, arms, food, and wine, and all kinds of provisions, while refusing to aid the emperor who was still a minor. But other fiefs and burgher lands have been restored to them which they had acquired before the death of William II [king of Sicily], or for which they had a grant from some one of our predecessors. And some burgher lands which they had bought have been taken from them in accordance with an ancient law of Sicily, that without the king's consent no burgher lands shall be given to the said orders or left to them as a legacy; but if such lands are given them, they are bound to sell them within a year, a month, a week, and a day, to some of the citizens. This law was passed long ago, because if they were permitted to buy and accept burgher lands they would in a short time possess the whole kingdom of Sicily, which they like better than any other part of the world. And this law is valid beyond the sea.

3. _The papal charge._ He does not permit vacant bishoprics and other churches to be filled, and on this account the liberty of the church is in danger and the true faith is perishing, because there is no one to preach the word of God and care for souls. _The emperor's answer._ The emperor wishes and desires that vacant bishoprics and other churches be filled, but without infringement on the privileges and rights which his predecessors have held. He has insisted less than his predecessors on his privileges, and he has never opposed the filling of the vacant churches.

4. _The papal charge._ In regard to taxes and exactions which are extorted from churches and monasteries contrary to agreement. _The emperor's answer._ Taxes and dues are assessed on the clergy and ecclesiastical persons, not because of their ecclesiastical property, but because of their fiefs and other possessions. And this is in accordance with the common law and is practised everywhere all over the world.

5. _The papal charge._ That prelates do not dare proceed against usurers, because of an imperial edict. _The emperor's answer._ The emperor has published a new general law against usurers, in accordance with which they are condemned, and action may be brought against all their possessions. And this law is read before all prelates, and they are not prevented by it from proceeding against usurers.

6. _The papal charge._ That clergymen are seized, imprisoned, proscribed, and killed. _The emperor's answer._ He knows nothing about any clergymen who have been seized and imprisoned, except that some have been condemned by the decision of prelates, according to their crimes. These have been surrendered to the imperial officials who have seized them. He knows nothing about clergymen who have been proscribed except that some have been charged with the crime of _lèse majesté_ and have been proscribed from the kingdom. He knows nothing about any clergymen who have been slain except those who were slain by other clergymen. The church of Venusa is mourning the death of its prelate who was killed by one of his monks. In the church of San Vincenzo one monk killed another. But the monks and the clergy commit such crimes with impunity, and it is the fault of the church that they escape all canonical punishment.

7. _The papal charge._ Churches which are consecrated to the Lord are profaned and destroyed. _The emperor's answer._ He knows nothing of such churches, unless the pope means the church of Luceria; but it is said to have fallen down of itself because of its great age. And the emperor will not only permit it to be rebuilt, but he will give a good sum to the bishop for its reconstruction.

8. _The papal charge._ That he does not permit the church of Sorana to be rebuilt. _The emperor's answer._ He will permit the church of Sorana to be rebuilt, but not the town. It shall not be rebuilt as long as he lives, because it was destroyed in accordance with a legal decision.

9. _The papal charge._ That contrary to the agreement those who had supported the church in the time of struggle between the pope and emperor have been robbed of their goods and driven out of the country. _The emperor's answer._ Those who adhered to the church in the time of the struggle against the emperor are living in security in the kingdom, except those who held some office and are afraid that they will be compelled to give an account of it, and some others who have left the kingdom to escape civil and criminal charges. The emperor will permit them to come back in safety if they will give an account of their conduct in office and respond to those who have entered suit against them. But he will do nothing against them for having adhered to the church. If the pope complains that the treaty of peace has not been kept, let him remember that contrary to its terms and to the judgment of nearly all the friars, he is holding the city of Castella. For keeping this city to the detriment of the empire he is receiving money, although the emperor has expended more than 100,000 silver marks in aiding him against the Romans. From this the church has received great advantages, for land has been taken from the Romans and restored to the church and her liberties have been recovered and reformed in Rome through the help of the emperor.

10. _The papal charge._ That he has seized and now holds imprisoned the nephew of the king of Tunis who wished to come to the pope to receive baptism. _The emperor's answer._ That the nephew of the king of Tunis was fleeing from Barbary to Sicily, not to receive baptism, but to escape his uncle who was threatening him with death. He is not held captive but is going about freely in Apulia, and although he is often urged to be baptized, he steadfastly refuses. If however he wishes to be baptized, the emperor will receive him with rejoicing. He has already expressed himself in regard to this to the archbishops of Palermo and Messina.

11. _The papal charge._ That the church is humiliated and insulted by the fact that Peter Saraceno, her faithful subject, and friar Jordan are held captive. _The emperor's answer._ Peter Saraceno has been seized because he is an enemy and detractor of the emperor. He has attacked the emperor in Rome as well as elsewhere. He did not come on the business of the king of England, but he carried a letter of the king in order that if he were arrested we might be led to spare him. But we did not heed this letter because the king did not know what snares this man had prepared for us. In regard to the friar Jordan, although he had defamed the emperor in his sermons, the emperor neither seized him nor ordered him to be seized. But because some of the emperor's faithful subjects knew the friar's character and his trickery, and so were sure that if he stayed in the mark of Treviso and in Lombardy, he would injure the cause of the emperor, the emperor caused him to be set free and would have given him over to the archbishop of Messina, if he had been willing to submit to the said archbishop.

12. _The papal charge._ The emperor had stirred up sedition in Rome against the church with the purpose of driving out the pope and his cardinals, and, contrary to the privileges and rights of the pope, to destroy the ecclesiastical liberties. _The emperor's answer._ The emperor denies that he stirred up the sedition in Rome. But he has his faithful subjects in Rome just as his predecessors, the Roman emperors and kings of Sicily, had had. And sometimes at the election of senators, the attempt was made to injure his subjects. Under these circumstances he had assisted his subjects in their defence, and he would do so as often as it should be necessary under similar circumstances. But when the election of a senator took place harmoniously, there was no rioting, as can be proved by the testimony of the archbishops of Palermo and Messina.

13. _The papal charge._ That the emperor had ordered his subjects not to permit the papal legate, the bishop of Preneste, to pass through their territory. _The emperor's answer._ The emperor had never even dreamed of giving such an order, although he might justly have done so, because the bishop was his enemy. Although he had been sent by the pope as a religious man on a religious errand, he had nevertheless at the command of the pope, as he said, in a treacherous and wicked manner led a large part of Lombardy to revolt against the emperor and had done all he could to incite the Lombards to rebellion.

14. _The papal charge._ The cause of the crusade is delayed by him through the quarrel which he has with certain Lombards, although the church is ready to use all her powers to secure proper satisfaction from the Lombards for what they have done against the emperor, and the Lombards themselves are ready to make satisfaction. _The emperor's answer._ He had often referred that matter to the church, but he had never received any satisfaction. For the first time, the Lombards were condemned to furnish 400 knights. But instead of sending them to aid the emperor, as they should, the pope used them to make war on the emperor. The second time, they were condemned to furnish 500 knights, but the pope declared that they should not be sent to the aid of the emperor, but that they should be sent on the crusade under the control and protection of the pope and the church. But not even this was done. The third time, at the request of the cardinals, the Sabine bishop and _Magister_ Peter of Capua, the affair was again referred to the pope exactly as the pope desired. But afterward the matter was never mentioned again until the pope learned that the emperor, having been deceived so many times about it, was preparing to lead an army from Germany into Italy. And then the pope at once begged that the matter be referred to him again. And although the emperor had so often been deceived in submitting it to the pope, he nevertheless was willing to submit it to him once more, but a time limit was set and it was stipulated that it should be decided to the honor of the emperor and to the advantage of the empire. But the pope was not willing to accept these conditions, as may be proved by his letter, although he now says that he was ready to decide the case in accordance with the rights and honor of the empire. From this it is apparent that the pope's letters are contradictory to each other. And let the pope not pretend that the emperor, in trying to restore the rights of the empire in Italy, injured the prospects of the crusade, for the letters which the emperor wrote in answer to the kings of the world and to the crusaders in France, who had chosen him as their leader, will show that he took charge of the crusade and did not neglect it. He also wrote that he wished to conduct the whole matter in accordance with the advice of the church.... Finally, the emperor declared that since he had been absent from the kingdom and did not know the exact condition of things, if anything had been done injurious to the church, and had not yet been corrected, he would order it to be set entirely right, and also because of the great general good which would come if there were harmony between him and the church, he would give the church any reasonable security that he would act in harmony with her, and use all his powers and means for the honor and advancement of the Christian church and for the preservation of her liberties.

144. The Excommunication of Frederick II, 1239.

Huillard-Bréholles, Hist. Dipl., I, pp. 286 ff; Böhmer-Ficker-Winkelmann, no. 7226 a; Doeberl, V, no. 22 f.

See introductory note to no. 143.

1. By the authority of the Father, Son, and Holy Spirit, and of the blessed apostles Peter and Paul, and by our own authority, we excommunicate and anathematize Frederick, the so-called emperor, because he has incited rebellion in Rome against the Roman church, for the purpose of driving the pope and his brothers [the cardinals] from the apostolic seat, thus violating the dignity and honor of the apostolic seat, the liberty of the church, and the oath which he swore to the church.

2. We excommunicate and anathematize him because he ordered his followers to prevent our brother, the venerable bishop of Preneste, the legal legate, from proceeding on his mission to the Albigenses, upon which we had sent him for the preservation of the Catholic faith.

3. We excommunicate and anathematize him because he has not allowed the vacancies in certain bishoprics and churches to be filled, thereby imperilling the liberty of the church, and destroying the true faith, because in the absence of the pastor there is no one to declare unto the people the word of God or to care for their souls....

4. We excommunicate and anathematize him because the clergy of his kingdom are imprisoned, proscribed, and slain, and because the churches of God are despoiled and profaned.

5. We excommunicate and anathematize him because he has not permitted the church of Sorana to be rebuilt.

6. We excommunicate and anathematize him because he has seized the nephew of the king of Tunis and kept him from coming to the Roman church to be baptized.

7. We excommunicate and anathematize him because he has imprisoned Peter Saraceno, a Roman noble, who was sent as a messenger to us by the king of England.

8. We excommunicate and anathematize him because he has seized the lands of the churches of Ferrara, Pigogna, and Bondenum, and the dioceses of Ferrara, Bondenum, and Lucca, and the land of Sardinia, contrary to the oath which he swore to the church.

9. We excommunicate and anathematize him because he has occupied and wasted the lands of some of the nobles of his kingdom which were held by the church.

10. We excommunicate and anathematize him because he has robbed the churches of Monreale, Cefalu, Catania, Squillace, and the monasteries of Mileto, Santa Eufemia, Terra Maggiore, and San Giovanni in Lamæ.

11. We excommunicate and anathematize him because he has robbed many bishoprics, churches, and monasteries of his kingdom of almost all their goods through his unjust trials.

12. We excommunicate and anathematize him because he has not entirely restored to the Templars and Hospitallers the property of which he had despoiled them, as he agreed to do in the treaty of peace.

13. Because he has extorted taxes and other payments from the churches and monasteries of his kingdom contrary to the treaty of peace.

14. We excommunicate him and anathematize him because he has compelled the prelates of churches and abbots of the Cistercian and of other orders to make monthly contributions for the erection of new castles.

15. We excommunicate and anathematize him because he has treated the adherents of the papal party as if they were under the ban, confiscating their property, exiling them, and imprisoning their wives and children, contrary to the treaty of peace.

16. We excommunicate and anathematize him because he has hindered the recovery of the Holy Land and the restoration of the Roman empire.

We absolve all his subjects from their oaths of fidelity to him, forbidding them to show him fidelity as long as he is under excommunication. We shall admonish him again to give up oppressing and injuring the nobles, the poor, the widows and orphans, and others of his land, and then we shall proceed to act ourselves in the matter. For all and each of these causes, in regard to which we have frequently admonished him to no purpose, we excommunicate and anathematize him. In regard to the accusation of heresy which is made against Frederick, we shall consider and act upon this in the proper place and time.

145. Current Stories about Frederick II.

Selections from Matthew of Paris, Chronica Majora; Rolls Series, III, pp. 520 f, p. 527; IV, pp. 474, 634 f; V, pp. 99 f.

A few passages from the chronicle of Matthew of Paris are offered to illustrate the character of Frederick and to throw a little light on the great struggle between him and the pope. The last paragraph is particularly interesting because it indicates that the pope was becoming conscious that he was meeting with national opposition. But he evidently misjudged the strength of it. For after overcoming the empire, the papacy was to succumb to the French king and be subservient to him for seventy years. And the national opposition was to grow until it culminated in the great rebellion which has had many stages but has finally ended in the complete destruction of the temporal power of the pope.

It was about this time [1238] that evil reports became current, which blackened the reputation of the emperor Frederick. It was said that he questioned the catholic faith and that he had made statements that showed not only that he was weak in the faith, but that he was indeed a heretic and a blasphemer. It is not right even to repeat such things, but it is reported that he said there were three impostors who had deceived the people of their time for the purpose of gaining control of the world, Moses, Jesus, and Mohammed, and that he made certain absurd remarks about the eucharist. It is incredible that any sane man should have uttered such terrible blasphemy. His enemies also said that he believed more in the religion of Mohammed than in that of Jesus Christ, and that he kept certain Saracen women as his concubines. There was a common complaint among the people that the emperor had for a long time been allied with the Saracens, and that he was more friendly with them than with Christians. His enemies, who were always trying to blacken his character, attempted to prove these statements by many evidences; whether or not they have sinned in doing this, He alone knows who knows all things.... In this year [1239], while the emperor was spending the winter in Italy, he recovered certain important islands in the Mediterranean just off the shore of Pisa, the most important acquisition being the greater and more valuable part of the island of Sardinia, which belonged to the patrimony of St. Peter. The emperor, however, asserted that it belonged of old to the empire, that it had been taken from the empire illegally by occupation and other wrongful measures and that he now restored it to the empire. He said: "I have sworn, as is known to all the world, to recover the dispersed parts of my empire; and I shall give my best efforts to carrying out my oath." So he sent his son [Enzio], in spite of the prohibition of the pope, to receive in his name that portion of the island that had surrendered to him ... [1245]. When Frederick heard that the pope had deposed him, he was terribly enraged, and could scarcely contain himself for his wrath. Looking fiercely on those who sat around him, he thundered forth: "That pope has deposed me in his synod and has taken away my crown. Was there ever such audacity; was there ever such presumption? Where are the chests that contain my treasure?" And when these were brought and opened before him at his command, he said: "See now whether my crowns are lost." Then taking one of them and putting it on his head, he stood up, with a threatening look, and spoke out in a terrible voice from the bitterness of his heart: "I have not yet lost my crown, nor shall the pope and all his synod take it from me without a bloody struggle. And has his presumption been so boundless that he has dared to depose me from the empire, me, a great prince, who have no superior, indeed no equal? So much the better for my cause; for before this I was bound to obey him, and to do him reverence, but now I am absolved from any obligation to love or reverence him or even to keep peace with him." ... [1247]. When Frederick heard of the acts of the papal legate in Germany, he was bitterly enraged and sought everywhere for a means of wreaking vengeance upon the pope. It was feared by some wise and thoughtful men that Frederick in his wrath might turn apostate, or call in to his aid the Tartars from Russia, or give the Sultan of Babylon, with whom he was on the most friendly terms, the chance to overrun the empire with his pagan hosts, to the destruction of all Christendom.... [1250]. Frederick attempted to make peace with the pope, ... but the pope replied that he would not restore the emperor to his former position on any such easy terms, since he had been deposed and condemned by the general council of Lyon. And some asserted that the pope desired above all else utterly to crush Frederick, whom he called the great dragon, in order that he might then destroy the kings of England and of France and the other Christian kings (whom he spoke of as kinglets and little serpents), after he had overawed them by making an example of Frederick, and thus be able to rob them and their prelates at his pleasure.

IV. THE EMPIRE FROM 1250 TO 1500

146. Diet of Nürnberg, 1274.

M. G. LL. folio, II, pp. 399 ff; Altmann und Bernheim, no. 12.

When Rudolf was elected king in 1273, he found that he had a crown but no income. For during the interregnum (1254-73) the German princes, both lay and clerical, had seized all the crown lands and revenues. Rudolf was glad to be king, but his private income was not sufficient to support his new dignity. Besides, he was of a miserly disposition, and was bent on getting all out of the office that he could, or at least on making the office pay for itself. So he demanded the surrender of the lands and revenues which had been seized. But no one was willing to give them up. Since Rudolf was compelled to enter suit against each one, it was necessary to have some disinterested person to act as judge in all such cases. The diet decided that this office of judge belonged to the count palatine.

As soon as the judge was decided on, Rudolf asked what he should do in regard to these lands, and he was told that he must recover them. Ottokar, king of Bohemia, had himself been a candidate for the crown, and now refused to acknowledge the election of Rudolf. The diet decided what should be done in the matter, and instructed Rudolf how he should proceed against him.

Paragraphs 5-9 reveal to a certain extent the troubled condition into which Germany had been brought by the interregnum.

1. During the meeting of the diet at Nürnberg, the princes came together as a public court of justice, in the presence of the most serene lord, Rudolf, king of the Romans, and attended by a large following of counts and barons and a great multitude of nobles and common people. And first the king asked them for a decision on the following question: who should be judge in cases which involve imperial or fiscal property, and other offences against the king or the realm, and in which the king of the Romans makes accusation against a prince of the empire. It was decided by all the princes and barons who were present that the count palatine of the Rhine has, and has had from of old, the right to act as judge in cases where the emperor or king accuses a prince of the empire.

2. The aforesaid count palatine then took his place as judge and the king asked for a decision on this question: what might and should the king do in regard to the property, now held by others, which the former emperor Frederick [II] had held and possessed in peace and quiet before he was deposed by the princes, and in regard to other imperial property wrongfully withheld from the empire. It was decided that the king ought to lay claim to such property and recover it; and that if anyone should resist the king in his attempt to recover his own, he should use his royal power to overcome this illegal resistance to authority and to preserve the rights of the empire.

3. The king asked, in the second place, what the law was in the case of the king of Bohemia, who had wilfully allowed more than a year and a day to elapse from the day of the coronation [of Rudolf] at Aachen without seeking to be invested with his fiefs by the king of the Romans. It was decided by all the princes and barons that whenever anyone, by his own neglect or contumacy and without just excuse, failed to seek investiture of his fiefs within a year and a day, all his fiefs were forfeited by the mere lapse of time.

4. In the third place, the king asked them how he should proceed to punish the contumacy of the king of Bohemia. It was decided that the count palatine of the Rhine should send a freeman to summon the king of Bohemia to appear before the count palatine at a certain place and on a certain day, which should be six weeks and three days from the day when the decision was rendered, and to answer the accusation of contumacy brought against him by the king. If the freeman who was chosen to carry the summons swore that he did not dare appear before the king of Bohemia or enter his lands because he had good grounds to fear personal injury, it would then be sufficient for the diet to pass an edict summoning the king of Bohemia and for the count palatine to proclaim this summons publicly in the city or town of his that was nearest to the kingdom of Bohemia. To allow this matter to be settled in an orderly way, however, eighteen days in addition to the original six weeks and three days were to be allowed for the answer to the summons, so that the king of Bohemia should appear before the count palatine at Würzburg nine weeks from the 19th of November, that is, on the 20th of January; otherwise he should be proceeded against according to the law.

5. It was decided also that the king of the Romans ought to take cognizance of all civil and criminal cases arising on and after the day of his coronation, and of all civil cases (_i.e._, those involving inheritances, fiefs, possessions, and property) arising even before his coronation, if they had not been settled by decision of the court, by compromise, or by some amicable agreement.

6. In regard to wrongs which date from the quarrel between the empire and the papacy in the days of the emperor Frederick (seizure of property, injuries, and damages committed by one party against the other), the king proposes to confer with the pope and to try to reach some agreement with him that shall be just to both parties.

7. The king urges and requests all those who have seized or burned or destroyed the property of others during the time from the death of emperor Frederick to the coronation of the king [_i.e._, Rudolf], to make compensation and come to some amicable agreement with those whom they have injured; and he also requests the injured not to refuse to accept such arrangement. If the parties cannot agree, the king will himself decide the cases. This does not refer, however, to public plunderers of churches and holy places, or to those who have made open war, all of whom are to be brought to justice immediately. Likewise all cases pending before the king or his officials ought to be settled within a reasonable time.

8. It was decided also that summonses and decrees issuing from the court or from royal officials should be written and sealed with the seal of the judges, and that such documents should be in themselves sufficient evidence of the fact of the summons without further proof, and that not more than six coins of Halle or their equivalent should be exacted for the serving of the summons.

9. The king also notified all advocates who had used their office as a pretext for oppression to come to some agreement with those whom they had injured, and not to exact or demand in the future more than is due from those for whom they act as advocates. Otherwise they will be brought to trial for their injustice.

10. He also decreed that _phalburgii_{76} should not be allowed to live in any imperial city.

{76} For the meaning of this term see no. 139, paragraph 10.

147. The German Princes Confirm Rudolf's Surrender of all Imperial Claims in Italy, 1278-79.

M. G. LL. folio, II, pp. 421 f.

Rudolf saw clearly that the policy which the German kings had followed with regard to Italy had led to their ruin. He determined to give up this fatal policy, and to devote himself to the acquisition of lands and power in Germany. Accordingly he acknowledged all the papal claims in Italy, thus surrendering all for which the emperors had fought for the last 200 years. Contenting himself with what seemed obtainable, he gracefully acknowledged the defeat and failure of his predecessors, and struck out a new policy for himself (see no. 150). The princes confirmed his agreement with the pope by this document. Notice that the princes use the figures of the two luminaries and the two swords, accepting the papal interpretation (see no. 114).

We, the princes of the empire, to all to whom these presents come. The holy Roman church has always borne a special love for Germany, and has given her a name which in secular affairs is above the name of every other power on earth [_i.e._, the name of the empire]; she has established the princes in Germany, like rare and beautiful trees in a garden, watering them with her special favor, and they [the princes], supported by the church, have brought forth wonderful fruit; namely, the ruler of the empire who is produced by the election of the princes. He [the emperor] is that lesser luminary in the firmament of this world which shines by the reflected light of the great luminary, the vicar of Christ. He it is who draws the material sword at the command of the pope, to support the spiritual sword which the shepherd of shepherds uses to guard his sheep, and he wields it to restrain and correct evil-doers and to aid the good and the faithful. Now we desire that all occasion of dissension and strife should be avoided, that the two swords should work together for the reformation of the whole world, and that we, the princes, who are bound to support both the church and the empire, should be recognized as lovers of peace. Therefore we approve and ratify all concessions, renewals, and new grants made by our lord Rudolf, by the grace of God king of the Romans, Augustus, to our most holy father and lord, pope Nicholas III, and to his successors, and to the Roman church; in particular, the fidelity, obedience, honor, and reverence to be paid to the popes and to the Roman church by the emperors and kings of the Romans; the possessions, honors, and dignities of the Roman church; including all the land from Radicofano to Ceperano, the march of Ancona, the duchy of Spoleto, the lands of the countess Matilda, the city of Ravenna, the Emilia, with the cities of Bobbio, Cesena, Forlimpopoli, Forli, Faenza, Imola, Bologna, Ferrara, Comacle, Adria, Gabello, Rimini, Urbino, Montefeltre, the territory of Balneum, the county of Bertinoro, the exarchate of Ravenna, the Pentapolis, Massa Trabaria, and the adjacent lands of the church, with all the boundaries, territories, islands, land, and water, belonging to the aforesaid provinces, cities, territories, and places; also the city of Rome and the kingdom of Sicily, including its possessions on the mainland and on the island of Sicily; also Corsica and Sardinia, and all other lands and rights belonging to the church....

148. Revocation of Grants of Lands Belonging to the Imperial Domain, 1281.

M. G. LL. folio, II, p. 435; Altmann und Bernheim, no. 14.

Rudolf's efforts to secure the crown lands which had been seized during the interregnum (see introductory note, no. 146) were not successful. The princes often voted that he should recover them, but each one refused to give up those which he himself held. In spite of his continued efforts, Rudolf was unable to regain any large part of them.

We, Rudolf, by the grace of God, etc., by this document, declare and publicly proclaim that while we were holding court in a regular diet at Nürnberg, a decision was rendered and all our princes, nobles, and other faithful subjects who were present agreed to it. This decision was that all gifts of imperial lands and possessions confirmed or made in any way by Richard the king, or his predecessors in the Roman empire since the sentence of deposition was passed on Frederick II shall be invalid, and are hereby revoked, except those that shall be approved by a majority of the electoral princes.

149. An Electoral "Letter of Consent," 1282.

Stillfried und Maerker, Monumenta Zollerana, II, p. 138; Altmann und Bernheim, no. 15.

The power of the electors as well as the weakness of the crown after 1273 are shown by the fact that the electors compelled the king to secure their express and written consent before taking any important action. By this means the electors hoped to control the policy of the king and to make their own positions secure. If what the king proposed to do was not to their interest, they made him pay well for their consent. We give here an interesting example of these "letters of consent."

Werner, by the grace of God archbishop of Mainz, etc. Desiring always to comply promptly with the wishes of our most serene lord, Rudolf, king, etc., we entirely and freely give him our permission to grant as a fief the villages of Lenkersheim, Erlebach, and Brucke, with all their belongings, to Frederick, the burggrave of Nürnberg, whenever he wishes.

150. Letter of Rudolf to Edward I, King of England, Announcing his Intention of Investing his Sons with Austria, etc., 1283.

Rymer, Foedera, II, p. 259.