III. THE STRUGGLE BETWEEN THE EMPIRE AND THE PAPACY, 1073–1250

60–64. Prohibition of Simony, Marriage of the Clergy, and Lay Investiture, 1074–1123.

According to Roman ideas religion and its ministers were a part of the state and hence under the control of the government. When Constantine made Christianity a legal religion the state took the same attitude toward the new religion that it had toward the old. The emperor assumed control over the Christian clergy, and the view soon prevailed that they were officials of the state. Their duties, which were at first purely spiritual, were soon extended to secular matters. For obvious reasons the bishops were given an oversight over the administration of justice. During the invasions of the barbarians the secular functions of the bishops were greatly increased. Karl the Great made constant use of the bishops in the administration of his realm. By the tenth century many bishops were intrusted to a large extent with the secular government of their dioceses and so were full-fledged officials of the state. Attendance on diets was required of all officials, and eventually it was required only of officials. So it came about that the bishops especially formed an important part of the diet. Because of their learning they were indispensable to the emperor in conducting the affairs of his court and government; they naturally became his chief advisers. The bishops, then, have two sets of functions, the one spiritual, the other secular.

Through bequests and gifts from various sources the clergy, and especially the bishops and chief abbots, became great landholders. Many gave to the clergy for religious reasons, such as the salvation of their souls. But the emperors had still other motives: because of their office as emperor they were bound to build up the church; they felt it to be their duty to reward and to strengthen the clergy who were their faithful officials; and, furthermore, since they frequently met with opposition from the lay nobility, they thought it advisable to build up a strong ecclesiastical nobility to serve as a check upon the former.

As all other offices and relations became feudalized, so all the clergy underwent the same process. The bishops became the vassals of the emperor, and sustained the same feudal relations to him as did the lay nobility.

Since the bishops were both the officials and vassals of the emperor, it is certain that he would insist on having a voice in their election. Although the laws of the church did not permit this, nevertheless we find that from Karl the Great to Henry III all the emperors exercised the right of naming or appointing the bishops. Although at the time no objection was made to this action of the emperors, a new party had now arisen in the church which condemned it as simoniacal. This new party had its origin in the monastery of Cluny, from which it took its name. It was famous for the great reforms which it was trying to bring about. Now it was a part of the Cluniac programme that the church should be freed from all lay influence and that all ecclesiastical offices should be filled not by lay appointment but by election by the clergy (canonical election). Thus they gave simony a new meaning by declaring that every election which was not canonical was simoniacal. For simony was originally only the purchase or sale of any ecclesiastical office, but as the church, under the influence of this Cluniac party, developed her laws regarding canonical election and investiture, it came to be applied to every form of election and investiture other than canonical. The emperors had not only appointed the bishops, but they had also inducted them into their office. The induction into office was called investiture. Without it no one could fill the office to which he had been elected. To symbolize the power of the office the emperor presented the bishop with certain objects, such as a ring and a staff, which represented his spiritual authority over his diocese, and with a sceptre, which represented his temporal authority. The Cluniac party opposed all lay investiture and insisted that all the clergy should receive the symbols of their power from the church. But since the emperor’s temporal interests were so largely involved, he could not yield to the Cluniac demands without great loss of power. He could not tamely surrender to the pope the control of the bishops and their broad lands. Nor was it probable that the nobility would give up their rights (as patrons, etc.) to appoint the local clergy and to invest them with their office. So the struggle over investiture was long and bitter.

Lay investiture had already been prohibited by Nicholas II in the Lateran synod of 1059 but no steps had been taken to enforce the prohibition. Gregory VII renewed the prohibition and made it one of the prominent parts of his programme.

Although the opinion had long prevailed in the church that the celibate life, or chastity, was more holy than the married life, and therefore more becoming in the clergy, yet it was not uncommon for clergymen to marry. The Cluniac party regarded this state of affairs as especially blameworthy, and demanded that all the clergy be required to take the vow of perpetual chastity. In this, as in other respects, Gregory VII endeavored to carry out the Cluniac programme and so exerted himself to suppress clerical marriage, or, as the Cluniac party called it, clerical concubinage.

The following documents, nos. 60–64, illustrate the legislation of the church in regard to simony, celibacy, and investiture.

60. Prohibition of Simony and of the Marriage of the Clergy, 1074 A.D.

Sigebert of Gembloux, ad annum 1074; M. G. SS. folio, VI, p. 362.

Pope Gregory [VII] held a synod in which he anathematized all who were guilty of simony. He also forbade all clergy who were married to say mass, and all laymen were forbidden to be present when such a married priest should officiate. In this he seemed to many to act contrary to the decisions of the holy fathers who have declared that the sacraments of the church are neither made more effective by the good qualities, nor less effective by the sins, of the officiating priest, because it is the Holy Spirit who makes them effective.

61. Simony and Celibacy. The Roman Council, 1074.

Mansi, XX, p. 404.

Those who have been advanced to any grade of holy orders, or to any office, through simony, that is, by the payment of money, shall hereafter have no right to officiate in the holy church. Those also who have secured churches by giving money shall certainly be deprived of them. And in the future it shall be illegal for anyone to buy or to sell [any ecclesiastical office, position, etc.].

Nor shall clergymen who are married say mass or serve the altar in any way. We decree also that if they refuse to obey our orders, or rather those of the holy fathers, the people shall refuse to receive their ministrations, in order that those who disregard the love of God and the dignity of their office may be brought to their senses through feeling the shame of the world and the reproof of the people.

62. Celibacy of the Clergy. Gregory VII, 1074.

Mansi, XX, p. 433; Corpus Juris Can., Diet. LXXXI, e. xv.

If there are any priests, deacons, or subdeacons who are married, by the power of omnipotent God and the authority of St. Peter we forbid them to enter a church until they repent and mend their ways. But if any remain with their wives, no one shall dare hear them [when they officiate in the church], because their benediction is turned into a curse, and their prayer into a sin. For the Lord says through the prophet, "I will curse your blessings" [Mal. 2:2]. Whoever shall refuse to obey this most salutary command shall be guilty of the sin of idolatry. For Samuel says: "For rebellion is as the sin of witchcraft, and stubbornness is as iniquity and idolatry" [1 Sam. 15:23]. Whoever therefore asserts that he is a Christian but refuses to obey the apostolic see, is guilty of paganism.

63. Action of the Ninth General Council in the Lateran Against the Marriage of the Clergy, 1123 A.D.

Densinger, p. 106; Hefele, V, p. 194.

We forbid priests, deacons, and subdeacons to live with wives or concubines, and no woman shall live with a clergyman except those who are permitted by the council of Nicæa, viz.: mother, sister, aunt, or others of such sort that no suspicion may justly arise concerning them.

64. Prohibition of Lay Investiture, November 19, 1078.

Jaffé, II, p. 332; Doeberl, III, no. 5 a.

Since we know that investitures have been made by laymen in many places, contrary to the decrees of the holy fathers, and that very many disturbances injurious to the Christian religion have thereby arisen in the church, we therefore decree: that no clergyman shall receive investiture of a bishopric, monastery, or church from the hand of the emperor, or the king, or any lay person, man or woman. And if anyone has ventured to receive such investiture, let him know that it is annulled by apostolic authority, and that he is subject to excommunication until he has made due reparation.

65. Dictatus Papæ, ca. 1090.

Jaffé, II, p. 174; Doeberl, III, no 6.

Until recently the Dictatus Papæ was supposed to have been written by Gregory VII, but it is now known to have had a different origin. In 1087 cardinal Deusdedit published a collection of the laws of the church, which he drew from many sources, such as the actions of councils and the writings of the popes. The Dictatus agrees so clearly and closely with this collection, that it must have been based on it; and so must be later than the date of its compilation, 1087. It seems evident that some one, while reading the collection of Deusdedit, wishing to formulate the papal rights and prerogatives, expressed them in these twenty-seven theses. Although they were not formulated by Gregory himself, there is no doubt that they express his chief principles.

That the Roman church was established by God alone.

That the Roman pontiff alone is rightly called universal.

That he alone has the power to depose and reinstate bishops.

That his legate, even if he be of lower, ecclesiastical rank, presides over bishops in council, and has the power to give sentence of deposition against them.

That the pope has the power to depose those who are absent [i.e., without giving them a hearing].

That, among other things, we ought not to remain in the same house with those whom he has excommunicated.

That he alone has the right, according to the necessity of the occasion, to make new laws, to create new bishoprics, to make a monastery of a chapter of canons, and vice versa, and either to divide a rich bishopric or to unite several poor ones.

That he alone may use the imperial insignia.

That all princes shall kiss the foot of the pope alone.

That his name alone is to be recited in the churches.

That the name applied to him belongs to him alone.

That he has the power to depose emperors.

That he has the right to transfer bishops from one see to another when it becomes necessary.

That he has the right to ordain as a cleric anyone from any part of the church whatsoever.

That anyone ordained by him may rule [as bishop] over another church, but cannot serve [as priest] in it, and that such a cleric may not receive a higher rank from any other bishop.

That no general synod may be called without his order.

That no action of a synod and no book shall be regarded as canonical without his authority.

That his decree can be annulled by no one, and that he can annul the decrees of anyone.

That he can be judged by no one.

That no one shall dare to condemn a person who has appealed to the apostolic seat.

That the important cases of any church whatsoever shall be referred to the Roman church [that is, to the pope].

That the Roman church has never erred and will never err to all eternity, according to the testimony of the holy scriptures.

That the Roman pontiff who has been canonically ordained is made holy by the merits of St. Peter, according to the testimony of St. Ennodius, bishop of Pavia, which is confirmed by many of the holy fathers, as is shown by the decrees of the blessed pope Symmachus.

That by his command or permission subjects may accuse their rulers.

That he can depose and reinstate bishops without the calling of a synod.

That no one can be regarded as catholic who does not agree with the Roman church.

That he has the power to absolve subjects from their oath of fidelity to wicked rulers.

Section 1 means that the Roman church received the primacy over the whole church directly from Christ. Section 8 is based on the forged Donation of Constantine, according to which the emperor gave the pope the right to use the imperial insignia. In section 11 it is not clear what name is meant. It may be "universal" as in section 2. The bishop of Rome claimed the exclusive right to call himself pope, apostolic, and universal. Papa or pope was at first the common title of all priests, and is still so in the Greek church. But in the course of time it was limited in the west to the bishop of Rome. "Apostolic" was at first applied to all bishops, but eventually the bishop of Rome claimed the exclusive right to it and forbade all other bishops to use it. Since the bishop of Rome was the head of the whole church he was the only one who could call himself "universal." The right of ordaining, section 14, that is, of raising to the clerical rank, belonged to each bishop, but he could exercise it only in his own diocese. But the bishop of Rome had the whole world for his diocese, and hence he could ordain any one, no matter to what bishopric he belonged. In explanation of section 23 the following passage from pope Symmachus (498–514) is offered (Hinschius, "Decretales," p. 666). "We do not judge that St. Peter received from the Lord with the prerogative of his chair [that is, with his primacy] the right to sin. But he passed on to his successors the perennial dower of his merits with his heritage of innocence. Who can doubt that he who is exalted to the height of apostolic dignity is holy?"

66. Letter of Gregory VII to all the Faithful, Commending his Legates, 1074.

Migne, 148, col. 392.

It had not been uncommon for the popes to send their legates on missions to various parts of the world, but Gregory VII made a far more frequent use of them than any of his predecessors. He practically ruled the church through them and demanded that they be received and obeyed by all. This letter shows his general attitude on the matter, the authority he gave them, and the reception which he expected them to have.

Gregory, bishop, servant of the servants of God, to all the faithful subjects of St. Peter, to whom these presents come, greeting and apostolic benediction.

You see that wickedness is increasing and that the wiles of the devil are prevailing in the earth, that Christian charity has grown cold and religious zeal has almost disappeared within the church. But since we cannot be everywhere present in person to attend to all these matters, we have sent to you two beloved sons of the holy Roman church, Geizo, abbot of St. Boniface, and Maurus, abbot of St. Sabba, who shall represent us to you and have authority to do in our name whatever may be to the advantage of the church. Remember therefore that saying of the gospel: "He that heareth you heareth me; and he that despiseth you despiseth me" [Luke 10:16]. As you care for the friendship and for the favor of St. Peter, whose messengers they are, receive them with the proper reverence and kindness, and obey them in all matters which may arise as part of their mission or through the exigencies of the situation among you. If it becomes necessary or expedient for the legates to separate and go to different regions, each one of them shall be received and obeyed as our representative.

67. Oath of the Patriarch of Aquileia to Gregory VII, 1079 A.D.

Mansi, XX, p 525.

Gregory VII required an oath of fidelity from all bishops. By comparing the oath of Boniface to Gregory II (no. 40) and the oath of Richard of Capua (no. 68) with this oath of the patriarch of Aquileia, interesting light will be thrown on the theory and practice of Gregory VII.

From now henceforth I will be faithful to St. Peter and to pope Gregory [VII] and to his successors who shall be elected by the better cardinals. Neither in counsel nor in deed will I do anything to cause them to lose their life, or limb, or the papacy, or that they be taken prisoner through any treacherous trick. To whatsoever synod they, either in person or by messenger or by letter, may call me, I will come and I will obey them according to the law; or if I shall not be able to come, I will send my representative. I will aid and defend them in holding and defending the papacy and the regalia of St. Peter, saving the duties of my position. If they, either in person or by messenger or by letter, shall intrust me with a secret, I will not knowingly reveal it to anyone to their harm. I will treat with honor a papal legate, whether coming [from Rome] or going [back to Rome], and I will give him my aid whenever he needs it. I will not wittingly associate with any whom the pope has excommunicated. Whenever I shall have been called on I will aid the Roman church with my military forces. All these duties I will perform unless I shall have been excused from them.

68–73. Gregory VII Exercises Secular Authority.

68. The Oath of Fidelity which Richard, Prince of Capua, Swore to Gregory VII, 1073.

Migne, 148, col. 304.

Gregory VII, in accordance with his political pretensions, endeavored to compel all rulers of the Christian world to acknowledge his supremacy over them. He made the broadest claims to the proprietorship of all kingdoms, duchies, counties, etc., and tried to compel all rulers of every rank to take an oath of vassalage to him and to receive their lands from him as fiefs. Nos. 68–73 illustrate this feature of his policy.

I, Richard, by the grace of God and St. Peter prince of Capua, from this time forth will be faithful to the holy Roman church, to the apostolic see, and to you, pope Gregory. I will have no share in any plan or any deed to injure you in life or limb or to make you captive. Any plan which you may confide to me, wishing it to be kept secret, I will never divulge consciously to your injury. I will faithfully aid you and the holy Roman church to keep, acquire, and defend the regalia and the possessions of St. Peter against all men and I will assist you to hold the papacy and the lands of St. Peter in peace and honor. I will never attempt to attack, seize, or devastate any lands without the express permission of you or your successors, except such lands as you or your successors may have given to me. I promise to pay to the Roman church the legal tribute from the lands of St. Peter, which I hold or shall hold. I will surrender to your authority all the churches which are in my lands, with all their goods, and I will defend them in their fidelity to the holy Roman church. I will swear fidelity to king Henry whenever I shall be commanded to do so by you or your successors, always saving my fidelity to the holy Roman church. If you or any of your successors shall die before I do, I will support the better part of the cardinals and the clergy and the people of Rome in the election and establishment of a new pope to the honor of St. Peter. I will keep all the above promises to you and to the holy Roman church in good faith, and I will keep my oath of fidelity to your successors who shall be ordained popes, if they are willing to confirm the investiture which you have conferred upon me.

69. Letter of Gregory VII to the Princes Wishing to Reconquer Spain, 1073.

Migne, 148, cols. 289 f.

See introductory note to no. 68.

Gregory, pope elect, to all the princes desiring to go into Spain, perpetual greeting in the Lord Jesus Christ.

We suppose you know that the kingdom of Spain belonged of old to St. Peter, and that this right has never been lost, although the land has long been occupied by pagans. Therefore the ownership of this land inheres in the apostolic see alone, for whatever has come into the possession of the churches by the will of God, while it may be alienated from their use, may not by any lapse of time be separated from their ownership except by lawful grant. Count Evolus of Roceio, whose fame you must know, wishes to attack that land and rescue it from the heathen. Therefore we have granted him the possession of such territory as he may win from the pagans by his own efforts or with the aid of allies, on conditions agreed upon by us as the representative of St. Peter. You who join him in this undertaking should do so to the honor of St. Peter, that St. Peter may protect you from danger and reward your fidelity to him. But if any of you plan to attack that land independently with your own forces, you should do so in a spirit of devotion and with righteous motives. Beware lest after you have conquered the land you wrong St. Peter in the same way as the infidels do who now hold it. Unless you are prepared to recognize the rights of St. Peter by making an equitable agreement with us, we will forbid you by our apostolic authority to go thither, that your holy and universal mother, the church, may not suffer from her sons the same injuries which she now suffers from her enemies, to the loss not only of her property, but also of the devotion of her children. To this end we have sent to Spain our beloved son, Hugo, cardinal priest of the holy Roman church, and he will inform you more fully of our terms and conditions.

70. Letter of Gregory VII to Wratislav, Duke of Bohemia, 1073.

Migne, 148, cols. 299 f.

See introductory note to no. 68.

Gregory, etc., to Wratislav, etc. We give thanks to omnipotent God that you have been led by your devotion and reverence for the apostles Peter and Paul, princes of the apostles, to receive our legates with kindness and treat them with the graciousness which is becoming to your majesty. Receive the assurance of our good-will in return for this evidence of your fidelity. It has not been usual for papal legates to visit your land; this, however, is partly the fault of your forefathers, as well as of our predecessors, for the dukes of Bohemia should have requested the pope to send them legates. But some of your subjects have regarded our sending of legates as an innovation, and have treated them with contempt, forgetting the word of God: "He that receiveth you receiveth me" [Matt. 10:40]; "and he that despiseth you despiseth me" [Luke 10:16]. So in failing to show due reverence to our legates, they have not so much despised them, as they have despised the word of truth....

71. Letter of Gregory VII to Sancho, King of Aragon, 1074.

Migne, 148 col. 339.

See introductory note to no. 68.

Gregory, bishop, servant of the servants of God, to Sancho, king of Aragon, greeting and apostolic benediction.

We received your gracious letter with great joy, because of the evidence which it contained of your fidelity to the princes of the apostles, Peter and Paul, and to the holy Roman church. But indeed even if we had not received your letter we should have been well aware of your fidelity through the report of our legates. By enforcing the observances of the Roman form of service in the churches of your kingdom you have shown that you are a true son of the Roman church and that you bear the same friendship to us that former kings of Spain have borne to the Roman pope. Be firm and constant in the faith and complete the good work which you have begun; then the blessed St. Peter, whom our Lord Jesus Christ has made ruler over the kingdoms of this world, will bring to pass the desires of your heart and will make you victorious over your enemies, because of the trust which you have placed in him....

72. Letter of Gregory VII to Solomon, King of Hungary, 1074.

Migne, 148, col. 373.

See introductory note to no. 68.

Gregory, bishop, servant of the servants of God, to Solomon, king of Hungary, greeting and apostolic benediction.

Your letter was late in reaching us because of the delay of the messenger, but when it did come we were displeased with it because its terms were offensive to St. Peter. For the kingdom of Hungary, as you can learn from your own princes, belongs of right to the holy Roman church, having been offered and surrendered to St. Peter with all its rights and powers by the former king Stephen. And when the emperor Henry [II] of blessed memory, attacked the kingdom in the defense of the honor of St. Peter and captured the king, he forwarded to the grave of St. Peter the lance and crown, the insignia of kingship. But we hear that you have accepted the kingdom as a fief from the king of the Germans, thereby infringing the rights and the honor of St. Peter and acting in a manner incompatible with the virtue and character of a king. If you wish to have the favor of St. Peter and our good will, you must correct your faults; you know yourself that you cannot hope for justice, that, indeed, you cannot reign any length of time, unless you admit that you hold the sceptre of your kingdom from the pope and not from the king. As far as God shall give us strength, we will never through fear or affection or any personal consideration consent to the diminishing of the honor of him whom we serve. But if you are willing to mend your ways and act as a king should, you may easily win the love of your mother, the holy Roman church, and our friendship in Christ.

73. Letter of Gregory VII to Demetrius, King of the Russians, 1075.

Migne, 148, col. 425.

See introductory note to no. 68.

Gregory, bishop, servant of the servants of God, to Demetrius, king of the Russians, and to his wife, the queen, greeting and apostolic benediction.

Your son has visited us at Rome, and has asked that we invest him with the kingdom of the Russians in the name of St. Peter. He has given sufficient evidence of his fidelity to St. Peter, and has assured us that he is acting with your consent in making the petition. We have felt justified in granting his petition because of your consent and of the devotion which he has evidenced; therefore we have conferred upon him in the name of St. Peter the government of your kingdom. We pray that St. Peter may protect you and your kingdom and all your possessions by his intercession with God, that he may cause you to hold your kingdom in peace, glory, and honor, all your days, and that at the end of this life he may obtain for you an eternal glory with the King of Heaven. We shall always be ready to grant your request whenever you call upon us in any righteous cause. In regard to this matter of the investiture and other affairs not mentioned in this letter, we have sent you these legates, one of whom is a well-known and faithful friend of yours. Treat them kindly out of reverence for St. Peter, whose legates they are; listen to them and believe without hesitation whatever they may say on our behalf. Do not allow them to be hindered in the discharge of any of the duties with which we have intrusted them, but give them your faithful assistance. May omnipotent God illumine your soul and lead you through this temporal life to his eternal glory.

74–81. Conflict between Henry IV and Gregory VII.

74. Letter of Gregory VII to Henry IV, December, 1075.

Jaffé, II, pp. 218 ff; Doeberl, III, no. 7.

Gregory VII met with vigorous opposition from the German clergy as well as from the king when he attempted to enforce his laws against simony and the marriage of the clergy. In a synod at Rome, 1075, Feb. 24–28, Gregory excommunicated five of Henry’s intimate advisers for the sin of simony. Henry refused to recognize the validity of this excommunication, and, regardless of papal protests, persisted in his policy of disposing of bishoprics (Milan, Fermo, Spoleto, for example) as he chose. Gregory determined to proceed to extreme measures. He sent messengers to Henry, bearing this letter (no. 74) in which he defended his decrees against simony and the marriage of the clergy, and announced his determination to hold fast to them and to compel the whole world to accept them. He also intrusted an oral message to the bearers of the letter to the effect that if Henry did not mend his evil life, and drive his excommunicated counsellors from his court, Gregory would not only excommunicate him but also depose him.

Henry’s answer to this message and letter was given at a national synod at Worms, Jan. 24, 1076. This synod deposed Gregory and informed him of their action by two letters, one by Henry (no. 75), and the other by the German bishops (no. 76). Gregory replied by excommunicating and deposing the king (no. 77).

Gregory, bishop, servant of the servants of God, to Henry, the king, greeting and apostolic benediction—that is, if he shall prove obedient to the apostolic see as a Christian king should.

We have sent you our apostolic benediction with some hesitation, knowing that we must render account to God, the severe judge, for all our acts as pope. Now it is reported that you have knowingly associated with men who have been excommunicated by the pope and the synod. If this is true, you know that you cannot receive the blessing either of God or of the pope until you have driven them from you and have compelled them to do penance, and have yourself sought absolution and forgiveness for your transgressions with due penance and reparation. Therefore, if you realize your guilt in this matter, we counsel you to confess straightway to some pious bishop, who shall absolve you with our permission, enjoining upon you suitable penance for this fault, and who shall faithfully report to us by letter, with your permission, the character of the penance prescribed.

We wonder, moreover, that you should continue to assure us by letter and messengers of your devotion and humility; that you should call yourself our son and the son of the holy mother church, obedient in the faith, sincere in love, diligent in devotion, and that you should commend yourself to us with all zeal of love and reverence—whereas in fact you are constantly disobeying the canonical and apostolic decrees in important matters of the faith. For, to say nothing of the rest, in the case of Milan, concerning which you gave us your promise through your mother and through our fellow-bishops whom we sent to you, the event has shown how far you intended to carry out your promise [that is, not at all] and with what purpose you made it. And now, to inflict wound upon wound, contrary to the apostolic decrees you have bestowed the churches of Fermo and Spoleto—if indeed a church can be bestowed by a layman—upon certain persons quite unknown to us; for it is not lawful to ordain men before they have been known and proved.

Since you confess yourself a son of the church, you should treat with more honor the head of the church, that is, St. Peter, the prince of the apostles. If you are one of the sheep of the Lord, you have been intrusted to him by divine authority, for Christ said to him: "Peter, feed my sheep" [John 21:16]; and again: "And I will give unto thee the keys of the kingdom of Heaven; and whatsoever thou shalt bind on earth shall be bound in heaven; and whatsoever thou shalt loose on earth shall be loosed in heaven" [Matt. 16:19]. And since we, although an unworthy sinner, exercise his authority by divine will, the words which you address to us are in reality addressed directly to him. And although we only read or hear the words, he sees the heart from which the words proceed. Therefore your highness should be very careful that no insincerity be found in your words and messages to us; and that you show due reverence, not to us indeed, but to omnipotent God, in those things which especially make for the advance of the Christian faith and the well-being of the church. For our Lord said to the apostles and to their successors: "He that heareth you heareth me; and he that despiseth you despiseth me" [Luke 10:16]. For no one will disregard our admonitions if he believes that the decrees of the pope have the same authority as the words of the apostle himself. For if our Lord commanded the apostles out of reverence for the seat of Moses to observe the sayings of the scribes and Pharisees who occupied that seat, then surely the faithful ought to receive with all reverence the apostolic and evangelical doctrine through those who are chosen to the ministry of preaching.

Now in the synod held at the apostolic seat to which the divine will has called us (at which some of your subjects also were present) we, seeing that the Christian religion had been weakened by many attacks and that the chief and proper motive, that of saving souls, had for a long time been neglected and slighted, were alarmed at the evident danger of the destruction of the flock of the Lord, and had recourse to the decrees and the doctrine of the holy fathers; we decreed nothing new, nothing of our invention [that is, against simony and the marriage of the clergy]; but we decided that the error should be abandoned and the single primitive rule of ecclesiastical discipline and the familiar way of the saints should be again sought out and followed. For we know that no other door to salvation and eternal life lies open to the sheep of Christ than that which was pointed out by him who said: "I am the door, by me if any man enter in he shall be saved, and find pasture" [John 10:9]; and this, we learn from the gospels and from the sacred writings, was preached by the apostles and observed by the holy fathers. And we have decided that this decree—which some, placing human above divine honor, have called an unendurable weight and an immense burden, but which we call by its proper name, that is, the truth and light necessary to salvation—is to be received and observed not only by you and your subjects, but also by all princes and peoples of the earth who confess and worship Christ; for it is greatly desired by us, and would be most fitting for you, that, as you are greater than others in glory, in honor, and in virtue, so you should be more distinguished in devotion to Christ.

Nevertheless, that this decree may not seem to you beyond measure grievous and unjust, we have commanded you by your faithful ambassadors to send to us the wisest and most pious men whom you can find in your kingdom, so that if they can show or instruct us in any way how we can temper the sentence promulgated by the holy fathers without offence to the eternal King or danger to our souls, we may consider their advice. But, even if we had not warned you in so friendly a manner, it would have been only right on your part, before you violated the apostolic decrees, to have asked justice of us in a reasonable manner in any matter in which we had injured or affected your honor. But it is evident in what you have since done and decreed how little you care for our warnings or for the observance of justice.

But since we hope that, while the long-suffering patience of God still invites you to repent, you may become wiser and your heart may be turned to obey the commands of God, we warn you with fatherly love that, knowing the rule of Christ to be over you, you should consider how dangerous it is to place your honor above his, and that you should not interfere with the liberty of the church which he has deigned to join to himself by heavenly union, but rather with faithful devotion you should offer your assistance to the increasing of this liberty to omnipotent God and St. Peter, through whom also your glory may be amplified. You ought to recognize what you undoubtedly owe to them for giving you victory over your enemies, that as they have gladdened you with great prosperity, so they should see that you are thereby rendered more devout. And in order that the fear of God, in whose hands is all power and all rule, may affect your heart more than these our warnings, you should recall what happened to Saul when, after winning the victory which he gained by the will of the prophet, he glorified himself in his triumph and did not obey the warnings of the prophet, and how God reproved him; and, on the other hand, what grace king David acquired by reason of his humility, as well as his other virtues.

Finally, in regard to those matters in your letter which we have not yet touched upon, we will not give a definite answer until your ambassadors, Rapoto, Adelbert, and Wodescalc, and those whom we have sent with them, shall return to us and shall make known more fully your intention in regard to the matters which we committed to them to be discussed with you. Given at Rome, the 6th of the Ides of January, the 14th indiction.

75. The Deposition of Gregory VII by Henry IV, January 24, 1076.

M. G. LL. folio, II, pp. 47 ff; Doeberl, III, no. 8 b.

See introductory note to no. 74.

Henry, king not by usurpation, but by the holy ordination of God, to Hildebrand, not pope, but false monk.

This is the salutation which you deserve, for you have never held any office in the church without making it a source of confusion and a curse to Christian men instead of an honor and a blessing. To mention only the most obvious cases out of many, you have not only dared to touch the Lord’s anointed, the archbishops, bishops, and priests; but you have scorned them and abused them, as if they were ignorant servants not fit to know what their master was doing. This you have done to gain favor with the vulgar crowd. You have declared that the bishops know nothing and that you know everything; but if you have such great wisdom you have used it not to build but to destroy. Therefore we believe that St. Gregory, whose name you have presumed to take, had you in mind when he said: "The heart of the prelate is puffed up by the abundance of subjects, and he thinks himself more powerful than all others." All this we have endured because of our respect for the papal office, but you have mistaken our humility for fear, and have dared to make an attack upon the royal and imperial authority which we received from God. You have even threatened to take it away, as if we had received it from you, and as if the empire and kingdom were in your disposal and not in the disposal of God. Our Lord Jesus Christ has called us to the government of the empire, but he never called you to the rule of the church. This is the way you have gained advancement in the church: through craft you have obtained wealth; through wealth you have obtained favor; through favor, the power of the sword; and through the power of the sword, the papal seat, which is the seat of peace; and then from the seat of peace you have expelled peace. For you have incited subjects to rebel against their prelates by teaching them to despise the bishops, their rightful rulers. You have given to laymen the authority over priests, whereby they condemn and depose those whom the bishops have put over them to teach them. You have attacked me, who, unworthy as I am, have yet been anointed to rule among the anointed of God, and who, according to the teaching of the fathers, can be judged by no one save God alone, and can be deposed for no crime except infidelity. For the holy fathers in the time of the apostate Julian did not presume to pronounce sentence of deposition against him, but left him to be judged and condemned by God. St. Peter himself said: "Fear God, honor the king" [1 Pet. 2:17]. But you, who fear not God, have dishonored me, whom He hath established. St. Paul, who said that even an angel from heaven should be accursed who taught any other than the true doctrine, did not make an exception in your favor, to permit you to teach false doctrines. For he says: "But though we, or an angel from heaven, preach any other gospel unto you than that which we have preached unto you, let him be accursed" [Gal. 1:8]. Come down, then, from that apostolic seat which you have obtained by violence; for you have been declared accursed by St. Paul for your false doctrines and have been condemned by us and our bishops for your evil rule. Let another ascend the throne of St. Peter, one who will not use religion as a cloak of violence, but will teach the life-giving doctrine of that prince of the apostles. I, Henry, king by the grace of God, with all my bishops, say unto you: "Come down, come down, and be accursed through all the ages."

76. Letter of the Bishops to Gregory VII, January 24, 1076.

Codex Udalrici, no. 162; M. G. LL. folio, II, pp. 44 ff; Doeberl, III, no. 8 a.

See introductory note to no. 74.

Siegfried, archbishop of Mainz, Udo, bishop of Trier, William, bishop of Utrecht, etc. [a list of names of bishops, twenty-six in all], to brother Hildebrand.

At first when you made yourself pope we thought it better to ignore the illegality of your action and to submit to your rule, in the hope that you would redeem your bad beginning by a just and righteous government of the church, although we realized even then the enormity of the sin which you had committed. But now the lamentable condition of the whole church shows us only too well how we were deceived in you; your violent entrance into office was but the first in a series of wicked deeds and unjust decrees. Our Lord and Redeemer has said, in more places than we can well enumerate here, that love and gentleness are the marks of his disciples, but you are known for your pride, your ambition, and your love of strife. You have introduced worldliness into the church; you have desired a great name rather than a reputation for holiness; you have made a schism in the church and offended its members, who before your time were living together in peace and charity. Your mad acts have kindled the flame of discord which now rages in the churches of Italy, Germany, France, and Spain. The bishops have been deprived of their divine authority, which rests upon the grace of the Holy Spirit received through ordination, and the whole administration of ecclesiastical matters you have given to rash and ignorant laymen. There is nowhere in the church to-day a bishop or a priest who does not hold his office through abject acquiescence in your ambitious schemes. The order of bishops, to whom the government of the church was intrusted by the Lord, you have thrown into confusion, and you have disturbed that excellent coördination of the members of Christ which Paul in so many places commends and inculcates, while the name of Christ has almost disappeared from the earth; and all this through those decrees in which you glory. Who among men is not filled with astonishment and indignation at your claims to sole authority, by which you would deprive your fellow-bishops of their coördinate rights and powers? For you assert that you have the authority to try any one of our parishioners for any sin which may have reached your ears even by chance report, and that no one of us has the power to loose or to bind such a sinner, but that it belongs to you alone or to your legate. Who that knows the scriptures does not perceive the madness of this claim? Since, therefore, it is now apparent that the church of God is in danger of destruction through your presumption, we have come to the conclusion that this state of things can no longer be endured, and we have determined to break our silence and to make public the reasons why you are unfit and have always been unfit to rule the church as pope. These are the reasons: In the first place, in the reign of emperor Henry [III] of blessed memory, you bound yourself by oath never to accept the papacy or to permit anyone else to accept it during the life of that emperor or of his son without the consent of the emperor. There are many bishops still living who can bear witness to that oath. On another occasion, when certain cardinals were aiming to secure the office, you took an oath never to accept the papacy, on condition that they should all take the same oath. You know yourself how faithfully you have kept these oaths! In the second place, it was agreed in a synod held in the time of pope Nicholas [II] and attended by 125 bishops, that no one, under penalty of excommunication, should ever accept the papacy who had not received the election of the cardinals, the approbation of the people, and the consent of the emperor. You yourself proposed and promoted that decree and signed it with your own hand. In the third place, you have filled the whole church with the stench of scandal, by associating on too intimate terms with a woman who was not a member of your family [the countess Matilda]. We do not wish to base any serious charge on this last accusation; we refer to it because it outrages our sense of propriety. And yet the complaint is very generally made that all the judgments and acts of the papacy are passed on by the women about the pope, and that the whole church is governed by this new female conclave. And finally, no amount of complaint is adequate to express the insults and outrages you have heaped upon the bishops, calling them sons of harlots and other vile names. Therefore, since your pontificate was begun in perjury and crime, since your innovations have placed the church of God in the gravest peril, since your life and conduct are stained with infamy; we now renounce our obedience, which indeed was never legally promised to you. You have declared publicly that you do not consider us to be bishops; we reply that no one of us shall ever hold you to be the pope.

77. The First Deposition and Excommunication of Henry IV by Gregory VII, 1076.

Greg VII. Reg., III, no. 10 a; Jaffé, II, pp. 223 ff; Doeberl, III, no. 9.

See introductory note to no. 74.

St. Peter, prince of the apostles, incline thine ear unto me, I beseech thee, and hear me, thy servant, whom thou hast nourished from mine infancy and hast delivered from mine enemies that hate me for my fidelity to thee. Thou art my witness, as are also my mistress, the mother of God, and St. Paul thy brother, and all the other saints, that thy holy Roman church called me to its government against my own will, and that I did not gain thy throne by violence; that I would rather have ended my days in exile than have obtained thy place by fraud or for worldly ambition. It is not by my efforts, but by thy grace, that I am set to rule over the Christian world which was specially intrusted to thee by Christ. It is by thy grace and as thy representative that God has given to me the power to bind and to loose in heaven and in earth. Confident of my integrity and authority, I now declare in the name of omnipotent God, the Father, Son, and Holy Spirit, that Henry, son of the emperor Henry, is deprived of his kingdom of Germany and Italy; I do this by thy authority and in defence of the honor of thy church, because he has rebelled against it. He who attempts to destroy the honor of the church should be deprived of such honor as he may have held. He has refused to obey as a Christian should, he has not returned to God from whom he had wandered, he has had dealings with excommunicated persons, he has done many iniquities, he has despised the warnings which, as thou art witness, I sent to him for his salvation, he has cut himself off from thy church, and has attempted to rend it asunder; therefore, by thy authority, I place him under the curse. It is in thy name that I curse him, that all people may know that thou art Peter, and upon thy rock the Son of the living God has built his church, and the gates of hell shall not prevail against it.

78. The Agreement at Oppenheim, October, 1076.

M. G. LL. 4to, IV, I, nos. 64, 65; Codex Udalrici, nos. 145,155; Doeberl, III, no. 12.

Various parts of Germany were already in revolt against Henry IV, and the immediate effect of the papal excommunication was to strengthen the rebellious party. Being almost deserted, Henry found himself unable to refuse the demands of the rebels. He agreed to submit to Gregory in all things, and rescinded the edicts by which he had deposed him. He also called on all his subjects to submit to the pope (no. 79).

Promise of king Henry to pope Hildebrand, also called Gregory.

In accordance with the advice of my subjects, I hereby promise to show henceforth fitting reverence and obedience to the apostolic office and to you, pope Gregory. I further promise to make suitable reparation for any loss of honor which you or your office may have suffered through me. And since I have been accused of certain grave crimes, I will either clear myself by presenting proof of my innocence or by undergoing the ordeal, or else I will do such penance as you may decide to be adequate for my fault.

79. Edict Annulling the Decrees Against Pope Gregory.

Cf. reference to no. 78.

Henry, by the grace of God king, to the archbishops, bishops, margraves, counts, and to his subjects of every rank and dignity, greeting and good will. Our faithful subjects have convinced us that in our recent controversy with pope Gregory we were led astray by certain evil counsellors. Therefore we now make known to all, that we have repented of our former actions and have determined henceforth to obey him in everything, as our predecessors were wont to do before us, and to make full reparation for any injury which we may have inflicted upon him or his office. We command all of you to follow our example and to offer satisfaction to St. Peter and to his vicar, pope Gregory, for any fault you may have committed, and to seek absolution from him, if any of you are under his ban.

80. Letter of Gregory VII to the German Princes Concerning the Penance of Henry IV at Canossa, ca. January 28, 1077.

Greg. VII. Reg., IV, nos 12, 12 a; Jaffé, II, pp. 256 ff: Doeberl, III, no. 13.

At Oppenheim Henry IV had been temporarily deposed. He sent away his counsellors who had been excommunicated, gave up all participation in the affairs of government, laid aside all the royal insignia, and withdrew to the city of Speier, which he was not to leave until the matter was adjusted by the pope, who was to come to Germany and hold a diet in February, 1077. But Henry did not keep his word. Fearing that he would be permanently deposed if the pope should come to Germany and sit with his rebellious subjects in judgment on him, he determined to forestall matters by going to see the pope in Italy. So he fled from Speier and hastened as rapidly as possible into Italy. He came to Canossa, where he humbled himself before Gregory and received absolution. It was at least a diplomatic triumph for Henry, because he had kept the pope from coming to Germany and uniting with his rebellious nobles, who would have labored hard to secure the permanent deposition of Henry. The final decision of the matter was indeed left to the pope and the diet which was to be held in Germany, but the pope did not go to Germany, and Henry was able to point to the fact that he had received papal absolution. The oath which Gregory VII required of Henry is given in no. 81.

Gregory, bishop, servant of the servants of God, to all the archbishops, bishops, dukes, counts, and other princes of the German kingdom, defenders of the Christian faith, greeting and apostelic benediction.

Since you have made common cause with us and shared our perils in the recent controversy, we have thought it only right that you should be informed of the recent course of events, how king Henry came to Italy to do penance, and how we were led to grant him absolution.

According to the agreement made with your representatives we had come to Lombardy and were there awaiting those whom you were to send to escort us into your land. But after the time set was already passed, we received word that it was at that time impossible to send an escort, because of many obstacles that stood in the way, and we were greatly exercised at this and in grave doubt as to what we ought to do. In the meantime we learned that the king was approaching. Now before he entered Italy he had sent to us and had offered to make complete satisfaction for his fault, promising to reform and henceforth to obey us in all things, provided we would give him our absolution and blessing. We hesitated for some time, taking occasion in the course of the negotiations to reprove him sharply for his former sins. Finally he came in person to Canossa, where we were staying, bringing with him only a small retinue and manifesting no hostile intentions. Once arrived, he presented himself at the gate of the castle, barefoot and clad only in wretched woollen garments, beseeching us with tears to grant him absolution and forgiveness. This he continued to do for three days, until all those about us were moved to compassion at his plight and interceded for him with tears and prayers. Indeed, they marvelled at our hardness of heart, some even complaining that our action savored rather of heartless tyranny than of chastening severity. At length his persistent declarations of repentance and the supplications of all who were there with us overcame our reluctance, and we removed the excommunication from him and received him again into the bosom of the holy mother church. But first he took the oath which we have subjoined to this letter, the abbot of Cluny, the countess Matilda, the countess Adelaide, and many other ecclesiastic and secular princes going surety for him. Now that this arrangement has been reached to the common advantage of the church and the empire, we purpose coming to visit you in your own land as soon as possible. For, as you will perceive from the conditions stated in the oath, the matter is not to be regarded as settled until we have held consultation with you. Therefore we urge you to maintain that fidelity and love of justice which first prompted your action. We have not bound ourself to anything, except that we assured the king that he might depend upon us to aid him in everything that looked to his salvation and honor.

81. The Oath of King Henry.

Cf. reference to no. 80.

See introductory note to no. 80.

I, Henry, king, promise to satisfy the grievances which my archbishops, bishops, dukes, counts, and other princes of Germany or their followers may have against me, within the time set by pope Gregory and in accordance with his conditions. If I am prevented by any sufficient cause from doing this within that time, I will do it as soon after that as I may. Further, if pope Gregory shall desire to visit Germany or any other land, on his journey thither, his sojourn there, and his return thence, he shall not be molested or placed in danger of captivity by me or by anyone whom I can control. This shall apply to his escort and retinue and to all who come and go in his service. Moreover, I will never enter into any plan for hindering or molesting him, but will aid him in good faith and to the best of my ability if anyone else opposes him.

82. Countess Matilda Gives All her Lands to the Church, 1102.

M. G. LL. 4to, IV, 1, p. 654, no. 444.

The countess Matilda supported the papacy in its claims of temporal sovereignty, and, when she died, left it all her lands. The emperors did not recognize the validity of the legacy, and declared that she had no right to give away what belonged to the empire. The quarrel about these lands was often renewed.

In the name of the holy and undivided Trinity.... In the time of Gregory VII, in the Lateran palace, in the chapel of the holy cross, in the presence of [witnesses],... I, Matilda, by the grace of God countess, for the salvation of my soul and the souls of my parents, gave to the church of St. Peter and to Gregory VII all my possessions, present and future, by whatever title I may hold them. I gave all my lands in Italy and Germany, and I had a document drawn up to that effect. But now the document has disappeared, and I fear that my gift may be questioned. Therefore, I, countess Matilda, again give to the church of Rome, through Bernard, cardinal and legate of the same holy church of Rome, just as I did in the time of Gregory VII, all my possessions, present and future, in both Italy and Germany, by whatever right I hold them, for the salvation of my soul and the souls of my parents. All these possessions, which belong to me, with all that pertains to them, in all their entirety, I give to the said church of Rome, and by this deed of gift I confirm the church in the possession of them. As symbols and evidences that I have surrendered these lands I have given a knife, a knotted straw, a glove, a piece of sod, and a twig from a tree....

83. The First Privilege which Paschal II Granted to Henry V, February 12, 1111.

M. G. LL. folio, II, pp. 68 ff; Doeberl, III, no. 20 a.

In the struggle about the election and investiture of bishops, which was begun by Gregory VII, Henry V pursued the same policy as his father, Henry IV. He was so vigorous in pushing his claims that Paschal II (1099–1118) yielded and in 1111 decreed that the high clergy should give up all their fiefs and temporal offices, and exercise only spiritual functions. But this action met with a storm of opposition. The bishops refused to give up their temporal possessions, and resisted with such determination that Paschal was compelled to cancel his agreement with Henry V. But the king would not be denied. He brought such pressure to bear on the pope that he made a complete surrender and granted Henry the control of the elections of bishops and the unconditional right to invest them with their office (no. 84).

Paschal, bishop, servant of the servants of God, to his beloved son Henry, and to his successors forever.

Priests are forbidden by the scriptures and by the canons of the church to occupy themselves with secular affairs or to attend the public courts, except in the exercise of their office, such as the saving of the souls of the condemned or the assisting of the injured. In regard to this St. Paul says: "If then ye have judgments of things pertaining to this life, set them to judge who are least esteemed in the church" [1 Cor. 6:4]. But in your kingdom bishops and abbots regularly attend the courts and perform military service, which duties necessarily bring them into contact with rapine, sacrilege, and violence. The ministers of the altar are made ministers of the royal court, and are given cities, duchies, marks, mints, and other offices to hold and to rule. As a result an unbearable custom has arisen that bishops elect cannot be consecrated until they have been invested with office by the king. Simony and worldly ambition have thereby become so prevalent that men are sometimes placed in control of the episcopal properties who have not been elected bishops; and are sometimes invested with them while the true bishops are still alive. Our predecessors, pope Gregory VII and pope Urban II, of blessed memory, were impelled by the many evils resulting from this practice to condemn lay investiture in several councils, decreeing that those who obtained ecclesiastical offices by these means should be forced to surrender them and that those who conferred the investiture should be excommunicated. This was based on the chapter of the apostolic canons which reads: "If a bishop makes use of the secular powers to obtain a diocese, he shall be deposed and those who supported him shall be cast out of the church." [See no. 33.] Following their example, we have confirmed the present decree, which has been passed by a council of bishops.

All the royal offices and benefices which belonged to the empire in the time of the emperors Karl, Ludwig, and your other predecessors, and which are now held by the church, we order to be restored to you. We forbid any bishop or abbot, under pain of anathema, to hold any of these regalia; that is, cities, duchies, marks, counties; rights of minting, markets, or tolls; offices of advocate or hundred-man; estates which belong to the empire, with any of their appurtenances, the right to hold castles or to do military service. They shall not henceforth have anything to do with these regalia, except at the request of the king. And our successors are forbidden to disturb this arrangement or to molest you or any of your kingdom in the peaceful possession of the regalia.

On the other hand, we decree that the churches shall have absolute control of their free-will offerings and their private possessions, which is in keeping with the promise which you made in your coronation oath.

For it is necessary that the bishops be free from secular duties that they may give their time to the care of their flocks, and not be too long absent from their churches; as St. Paul says of the bishops: "They watch for your souls, as they that must give account" [Heb. 13:17].

84. The Second Privilege which Paschal II Granted to Henry V, April 12, 1111.

M. G. LL. folio, II, pp. 72 ff; Doeberl, III, no. 20 b.

See introductory note to no. 83.

Paschal, bishop, servant of the servants of God, to his beloved son, Henry, by the grace of God king of the Germans and emperor of the Romans, Augustus, greeting and apostolic benediction. It is the will of God that your kingdom should be closely bound to the holy Roman church. Your predecessors obtained the crown and empire of the Roman world because of their wisdom and virtue; you also have been exalted to that dignity by the will of God working through us. And so we confer upon you the prerogatives which our predecessors granted to former emperors. By this document we concede to you the right of investing the bishops and abbots of your kingdom with the ring and the staff, if their election has been conducted canonically and without simony or other illegality. After their investiture they are to be consecrated in due canonical form by their bishops. If the clergy and people elect a bishop or an abbot without first gaining your consent, he shall not be consecrated until you have invested him with his office. The right of consecrating such bishops and abbots as have received investiture from you shall belong to the archbishops and bishops of your kingdom. For your predecessors endowed the churches of their realm with so many benefices from their own lands and offices that it became necessary for them to control the elections of bishops and abbots, and to put down the popular disturbances that frequently arose in these elections.

As a result of this concession you ought to be the more zealous in the defence and in the enrichment of the church of Rome and the other churches of God. If any person, ecclesiastic or layman, shall knowingly violate this decree, he shall be accursed and deprived of his office and rank. But may God reward those who keep it, and grant that you may rule happily to his honor and glory. Amen.

85–86. Concordat of Worms, 1122.

85. The Promise of Calixtus II.

M. G. LL. folio, II, pp. 75 ff; Doeberl, III, no. 21 a.

The victory won by Henry V over Paschal II (no. 84) was of short duration because the Cluniac party refused to submit. They renewed the struggle with great bitterness. The contest lasted to 1122, when a compromise was agreed upon. In general it may be said that the compromise was a sensible one, in that the king was recognized as having the right to invest the bishops with their fiefs and secular authority, while the pope was to invest them with their spiritual office and authority. This settlement of the principle did not entirely end the struggle, because, in the first place, neither party observed it perfectly, and, besides, it occasionally happened that there was some doubt as to how the principle was to be applied.

Calixtus, bishop, servant of the servants of God, to his beloved son, Henry, by the grace of God emperor of the Romans, Augustus.

We hereby grant that in Germany the elections of the bishops and abbots who hold directly from the crown shall be held in your presence, such elections to be conducted canonically and without simony or other illegality. In the case of disputed elections you shall have the right to decide between the parties, after consulting with the archbishop of the province and his fellow-bishops. You shall confer the regalia of the office upon the bishop or abbot elect by giving him the sceptre, and this shall be done freely without exacting any payment from him; the bishop or abbot elect on his part shall perform all the duties that go with the holding of the regalia.

In other parts of the empire the bishops shall receive the regalia from you in the same manner within six months of their consecration, and shall in like manner perform all the duties that go with them. The undoubted rights of the Roman church, however, are not to be regarded as prejudiced by this concession. If at any time you shall have occasion to complain of the carrying out of these provisions, I will undertake to satisfy your grievances as far as shall be consistent with my office. Finally, I hereby make a true and lasting peace with you and with all of your followers, including those who supported you in the recent controversy.

86. The Promise of Henry V.

M. G. LL. folio, II, p. 76; Doeberl, III, no. 21 b.

In the name of the holy and undivided Trinity.

For the love of God and his holy church and of pope Calixtus, and for the salvation of my soul, I, Henry, by the grace of God, emperor of the Romans, Augustus, hereby surrender to God and his apostles, Sts. Peter and Paul, and to the holy Catholic church, all investiture by ring and staff. I agree that elections and consecrations shall be conducted canonically and shall be free from all interference. I surrender also the possessions and regalia of St. Peter which have been seized by me during this quarrel, or by my father in his lifetime, and which are now in my possession, and I promise to aid the church to recover such as are held by any other persons. I restore also the possessions of all other churches and princes, clerical or secular, which have been taken away during the course of this quarrel, which I have, and promise to aid them to recover such as are held by any other persons.

Finally, I make true and lasting peace with pope Calixtus and with the holy Roman church and with all who are or have ever been of his party. I will aid the Roman church whenever my help is asked, and will do justice in all matters in regard to which the church may have occasion to make complaint.

All these things have been done with the consent and advice of the princes whose names are written below: Adelbert, archbishop of Mainz; Frederick, archbishop of Cologne, etc.

87. Election Notice, 1125.

Jaffé, V, pp. 396 ff; Doeberl, IV, no. 1.

On the death of a king of Germany, it was the duty of the archbishop of Mainz, as archchancellor of Germany, to call a diet for the purpose of electing his successor. He did this by writing a letter in practically the same terms to each of the important men of the kingdom who were members of the diet. These letters were then delivered by special messengers. The diet which met in response to this call in 1125 elected Lothar of Saxony. The tone of the letter reveals the fact that Adelbert of Mainz was inclined rather to the side of the pope. The "yoke of servitude" which was oppressing the church was the imperial control which Henry V had exercised over the ecclesiastical elections.

Adelbert, archbishop of Mainz; Frederick, archbishop of Cologne; Udalric, bishop of Constance; Buco, bishop of Worms; Arnold, bishop of Speier; Udalric, abbot of Fulda; Henry, duke of Bavaria; Frederick, duke of Suabia; Godfrey, count palatine; Berengar, count of Sulzbach, along with the other princes, ecclesiastical and secular, who were present at the funeral of the late emperor, send their greeting and most faithful services to their venerable brother, Otto, bishop of Bamberg.

After the burial of our late lord and emperor, we who were there present thought it expedient to counsel together in regard to the condition of the state. We were unwilling to make any definite plans, however, without your presence and advice, and so we determined to call a diet to meet at Mainz on St. Bartholomew’s Day [August 25], hoping that this decision would meet your approval. It is our thought that the princes should meet then and take the necessary action in regard to the serious problems that confront us: the general state of the kingdom, the question of a successor, and other matters. In thus calling a diet without first gaining your approval, we have not meant to infringe in any way upon your rights or to arrogate to ourselves any peculiar authority in this matter. We ask you to bear in mind the oppression of the church in these days and to pray earnestly that in the providence of God this election may result in the freeing of the church from its yoke of servitude and in the establishing of peace for us and for our people. You are instructed to declare a special peace for your lands, to be kept during the time of the diet and four weeks thereafter, so that all may come and return in perfect security; and to come to the diet yourself in the customary manner, that is, at your own expense and without inflicting any burden upon the poor of the realm.

88. Anaclete II Gives Roger the Title of King of Sicily, 1130.

Watterich, Pont. Rom. Vitæ, II, pp. 193 ff; Doeberl, IV, no. 4.

The Norman adventurers in southern Italy were successful beyond all expectation. In 1059 Nicholas II made a duke of Roger Guiscard (see no. 58). He and his successors labored hard to advance the interests of their family, and in 1130 Roger, duke of Sicily, had the satisfaction of receiving the royal title from Anaclete II. There had been a disputed papal election that year, and Anaclete II, one of the rival claimants, needed all the help he could get. So he bought the support of Roger, giving him in return the title of king.

It is fitting that the pope should generously reward those that love the Roman church. And so, because of the labors and services of your father and mother, and because of your own efforts in behalf of the church, we have given and granted to you, Robert, by the grace of God duke of Sicily, and to your son Robert and your other children and heirs, the crown of Sicily, Apulia, and Calabria, and of all the lands given by us or our predecessors to your ancestors, Robert Guiscard and Robert his son, dukes of Apulia. You shall have and hold this kingdom, which shall take its name from the island of Sicily, with all the royal authority and dignity forever. We also grant that you and your heirs may be anointed and crowned by the archbishops of your lands whom you choose for that purpose, assisted by such bishops as you may desire. We hereby renew all gifts, concessions, and authority conferred upon you and upon your predecessors, Robert Guiscard, Robert his son, and William, dukes of Apulia, to be held and possessed by you forever. We give and grant to you and to your heirs the principality of Capua in its full extent as held now or in the past by the prince of Capua; we confer upon you the lordship over Naples and its dependencies, and the right to demand aid from the inhabitants of Benevento against your enemies. At your request we also grant to the archbishop of Palermo and to his successors the right to consecrate the three bishops of Syracuse, Girgenti, and Catania, on the condition that the authority and possessions of these churches shall not be in any way diminished by the archbishop and the church of Palermo. We reserve our decision as to the consecration of the other two bishops of Sicily for more mature deliberation. We have granted all the above concessions on the condition that you and your heirs take the oath of fidelity to us and to our successors at a place agreed upon by both parties, and that you and your heirs shall pay a tax of 600 "schifates" [a gold coin] a year to the Roman church upon demand....

89. The Coronation Oath of Lothar II, June 4, 1133.

M. G. LL. folio, II, pp. 82 ff; Doeberl, IV, no. 6 a.

Every king, on his coronation as emperor, was required to take an oath to the pope, the character of which may be seen from the oath of Lothar.

This is the oath which king Lothar swore to pope Innocent in the time of the schism of the son of Pierreleone. The oath was taken by Lothar on the day of his imperial coronation before he received the crown, and was administered by Cencio Frangipani in the presence of the Roman nobles, before the basilica of the Holy Saviour, which is also called the basilica of Constantine.

I, king Lothar, promise and swear to you, pope Innocent, that I will never injure you or your successors in any way or place you in danger of captivity. I further promise to defend the honor of the papacy, and to restore the regalia of St. Peter which I may have in my possession, and to aid you in recovering such as may be held by any other persons.

90. Innocent II Grants the Lands of the Countess Matilda as a Fief to Lothar II, 1133.

Theiner, Cod. Dom. Temp., I, 12; Doeberl, IV, no. 6 c.

Matilda, countess of Tuscany, espoused the cause of the pope, and, on her death, willed all her lands to him. The emperor refused to acknowledge the validity of this will, declaring that her holdings were feudal, and hence must revert to the crown, because they could not be disposed of without imperial consent. [See no. 82.] Lothar here gives up the imperial claim to them and yields them to the pope, but receives them back as a fief. The question was not thereby settled forever, because later emperors refused to be bound by the action of Lothar, and renewed the imperial pretensions. These lands were a fruitful source of contention between the popes and the emperors. This document, as here given, is probably an abstract of two documents, (1) the one by which the lands were conferred on Lothar, and (2) that by which they were later transferred to Lothar’s son-in-law, Henry, duke of Bavaria.

(The document begins with a general exordium, setting forth the common interests of papacy and empire, recalling the services of Lothar in behalf of the church, and stating the obligation of the pope to reward such services.)

It is on these considerations, therefore, that we now grant you by our apostolic authority the allodial lands which the countess Matilda formerly gave to St. Peter. In the presence of our brothers, the archbishops, bishops, and abbots, and princes and barons, we now confer them upon you by the investiture of the ring, on the following conditions: you shall pay 100 pounds of silver annually to us and to our successors; after your death the property shall revert unimpaired and without hindrance to the possession of the holy Roman church; we and our brothers shall always have safe-conduct and suitable entertainment whenever we pass through or visit the land; and, finally, your representative in the government of the land shall take an oath of fidelity to St. Peter and to the pope.

Because of our love for you we graciously concede this land on the same conditions to your son-in-law, Henry, duke of Bavaria, and his wife, your daughter. It is further stipulated that the duke shall do homage to us and take an oath of fidelity to St. Peter and to the pope; and that after their death the land shall revert to the possession of the Roman church, as said above. In all this there shall be no derogation of the rights and ultimate ownership of the holy Roman church.

91. Letter of Bernard of Clairvaux to Lothar II, 1134.

Migne, 182, cols. 293 ff; Doeberl, IV, no. 7.

In 1130 there was a disputed papal election. Innocent II, on being driven from Rome by his rival, Anaclete II, went to France, where he enlisted Bernard of Clairvaux in his favor. Through the efforts of Bernard the kings of France and Germany were persuaded to support him. Lothar led an army into Italy, established Innocent in Rome, and received the imperial crown. He failed, however, to conquer Roger, who had been made king of Sicily by the antipope, Anaclete II (see no. 88). Bernard wrote this letter to congratulate Lothar on his success in Italy, to urge him to renew the war on Roger because he was still supporting the antipope, and to rebuke Lothar for opposing some decision of the pope in regard to a trouble that had arisen in the church at Toul.

To Lothar, by the grace of God emperor of the Romans, Augustus, Bernard, called abbot of Clairvaux, sends his blessing, if the prayer of a sinner is of any avail.

Blessed be God, who has chosen you and exalted you for a horn of salvation unto us, to the glory of his name, the restoration of the empire, the preservation of his church in this evil time, and the working of his salvation in the midst of the earth. For it is by his will that you are daily growing in strength, in honor, and in glory. And when you recently undertook the hazardous expedition to Rome to secure the peace of the empire and the liberty of the church, it was by his aid that you were able to carry it through successfully, obtaining the crown of the empire without the aid of a large army. But if the earth trembled and was silent before that little band, think what great terror will strike the hearts of the enemy when the king shall proceed against him in the greatness of his power. Moreover, the justice of your cause, nay, more, a double necessity, will inspire you. It is not my duty to incite princes to war; but it is the duty of the defender of the church to ward off all danger of schism; it is the duty of the emperor to recover his crown from the Sicilian usurper. Just as that Jew [that is, Anaclete II] rebelled against Christ when he seized the papal chair, so anyone who would make himself king in Sicily rebels against Cæsar.

But if we are commanded to render unto Cæsar the things which are Cæsar’s and unto God the things which are God’s, why is it that you have permitted the church of God in Toul to be robbed, especially as Cæsar profits not thereby? ... For it is said that you have interfered with the pope in his efforts to bring the oppressors of that church to justice. I beseech you to act more circumspectly and to recall your intercession and let justice take its course, before that church be destroyed to its foundations. I am a poor person, but a faithful subject, and if I seem importunate it is because of my fidelity. Greet my lady the empress for me in the love of Christ.

92. Letter of Bernard to Conrad III, 1140.

Migne, 182, no. 183; Doeberl, IV, no. 11.

Because Roger of Sicily had supported the antipope, Bernard had urged Lothar to make war on him. [See no. 91.] But Innocent had, in the meantime, without consulting the emperor, made a treaty with Roger and won his support by also granting him the royal title (1139). Conrad III was offended by this and protested against it. Conrad declared that the kingdom which Roger held, that is, Sicily and southern Italy, was a part of the empire, and therefore the pope had no right to recognize Roger as king there. Conrad regarded Roger as a usurper. He wrote a letter to Bernard complaining of the action of the pope. But Bernard had changed his sentiments since Roger had espoused the cause of Innocent and had received papal confirmation. In a somewhat curt manner he tells Conrad to obey the pope.

I, unworthy person that I am, have received your letter and greeting with gratitude and devotion. The complaints of the king are ours also, especially in regard to the usurpation of the Sicilian.

I have never desired the disgrace of the king nor the diminution of his realm; my soul hates such as do desire these things. But I read: "Let every soul be subject unto the higher powers; whosoever resisteth the power, resisteth the ordinance of God" [Rom. 13:1, 2]. Hearken to this admonition, I pray you, and show such reverence to St. Peter and to his vicar as you wish to be shown to you by the whole empire. There are certain other matters which I have thought better not to put in writing; perhaps it would be better to speak of them to you personally when I see you.

93. Letter of Conrad III to the Greek Emperor, John Comnenus, 1142.

Otto Fris. Gesta Frid., I, c. 25; M. G. SS. folio, XX; Doeberl, IV, no. 12.

Although the German and Greek emperors had not adjusted their conflicting claims to southern Italy and Sicily (see no. 58, introductory note), they were agreed in regarding the Normans as usurpers and a common enemy. In order to destroy them the emperors determined to make common cause against them, as is apparent from the following letter. John Comnenus, wishing to strengthen the alliance with Conrad, asked him to choose some German princess for his son, Manuel. Conrad chose his sister-in-law, Bertha von Sulzbach, who, at the time of her marriage with Manuel, assumed the name Irene.

Conrad, by the grace of God emperor of the Romans, Augustus, to John, by the same grace emperor of Constantinople, greeting and fraternal love.

As our predecessors, the Roman emperors, made friendship with your predecessors and established the honor and glory of the kingdom of the Greeks, we desire to do the same; and as they defended it, so we will defend it. It is known of all men that your new Rome [Constantinople] is the daughter of our Rome, the root from which have come your branches and fruits. Therefore we are determined to maintain toward you the attitude of a kind mother to her daughter, all the more that we perceive in you a desire to act as a dutiful daughter. We two should have the same interests, the same friends, and the same enemies, on land and sea. Anyone who fails to honor the daughter shall have occasion to know and fear the strength of the mother, be he Norman or Sicilian, or any other. For we have not forgotten the attacks which our enemy has made upon our own empire. With the help of God, we shall repay to every one according to the measure of his guilt. Then the whole world shall see how easily those who have dared to rebel against us both are overwhelmed and cast down; for if we cut his wings, we shall, as it were, take the enemy flying, and cut out of his heart that arrogance which has caused him to revolt against us. It is our firm purpose to maintain friendly relations toward you, and we are sure you hold the same purpose toward us, all the more now that we are bound together by the approaching marriage of your son and the sister of our wife, the empress....

94. Letter of Wibald, Abbot of Stablo, to Eugene III, 1159.

Jaffé, I, p. 372; Doeberl, IV, no. 24 a.

The following letter shows (1) the mismanagement of the affairs of a great monastery, (2) the troubles which might arise in connection with the election of an abbot, (3) the influence which Conrad III exercised on such elections, and (4) the method of procedure in elections. It will be remembered that the concordat of Worms was now in force.

To his reverend father and lord, pope Eugene, Wibald [abbot of Stablo], sends his reverence and respect.

Our beloved brother Henry, abbot of Hersfeld, who had also been placed in charge of the abbey of Fulda, was called from this earth by God soon after our lord Conrad returned from his expedition to Jerusalem. The king was prevented from immediately settling the affairs of the monastery of Fulda by the evil state into which its affairs had fallen and by the violence of party strife within it. This delay was unfortunate, because the king was not able either to recover its possessions which had been squandered or to provide for the performance of the spiritual functions of the church, that is, the care of souls. Therefore we and our brothers, the abbot of Eberach and other clergymen, urged upon him the necessity of settling its affairs as soon as possible. Finally he came to Fulda on the 5th of April and held a diet there, which was attended by your venerable sons, the archbishop of Bremen, and the bishops of Würzburg and Halberstadt, and many secular princes and nobles. Among other things, the king sought their advice in regard to the affairs of Fulda, seeking to reach a settlement by which he might render unto God the things which are God’s and unto Cæsar the things which are Cæsar’s. After a long and fruitless debate ... the king said that a certain man had been suggested to him as being of good character and holy reputation. This man, it was said, had been successful in the administration of a small monastery, which had prospered under his rule both spiritually and materially, and there was no reason for doubting that he was well fitted by his zeal and ability to govern the monastery of Fulda. If they voted to elect this man, he was sure that the monastery would recover its former honor and dignity under his wise and mild administration. All those present were delighted with this speech, as showing the interest of the king in the welfare of the church, and the matter was reported by some of us to those who had the authority to elect the abbot. They in turn were rejoiced at this turn of the affair and begged to be told the name of the man. And when it was told to them they proceeded to elect him as their abbot. This man is Mainward, abbot of Deggingen, ... who has ruled that monastery for eight years and has been very successful in his administration. We beseech you to confirm his election, for he is recommended by those who know him best, and his election took place without his knowledge, and indeed against his will. We believe that by confirming his election and giving him your benediction you will do much to heal the wounds of the distressed congregation of Fulda. We ourselves bear witness that all the brothers of the congregation have promised obedience and devotion to their abbot elect.

May God keep you safe and unharmed to rule his holy church.

95. Letter of Frederick I to Eugene III, Announcing his Election, 1152.

Jaffé, I, Wibaldi Epp., no. 372; Doeberl, IV, no. 25 a.

During the Middle Age there were many constitutional questions which had not been decided. On many points no theory had been formulated, and the practice varied. Thus it had not been clearly determined how far the pope might control the election of the German king. In 1125 Lothar had asked the pope to confirm his election; Frederick I merely informs the pope of his election and tells him the policy which he intends to pursue. Eugene III "approves" his election, but does not use the more technical word, "confirm."

To his most beloved father in Christ, Eugene, pope of the holy Roman church, Frederick, by the grace of God king of the Romans, Augustus, [sends] filial love and reverence.

... Following the custom of the Roman emperors, we have sent to you as ambassadors, Eberhard, venerable bishop of Bamberg, Hillo, bishop elect of Trier, and Adam, abbot of Eberach, to notify you of our election and of the condition of the church and the realm.

After the death of Conrad, king of the Romans, all the princes of the kingdom came together at Frankfurt, and on the day of their assembling elected us king. The princes displayed complete harmony in this election and the people received it with the greatest approval and delight. Five days later, just after the middle of Lent, we were anointed at Aachen by your beloved sons, the archbishop of Cologne, and other venerable bishops, and were raised to the throne with their solemn benediction. And now that we have been invested with the royal authority and dignity by the homage of the secular princes and the benediction of the bishops, we intend to assume the royal character, as set forth in our coronation oath; namely, to love and honor the pope, to defend the holy Roman church and all ecclesiastical persons, to maintain peace and order, and to protect the widows and the fatherless and all the people committed to our care. God has established two powers by which this world should be ruled, the papacy and the empire; therefore we are prepared to obey the priests of Christ, in order that, through our zeal, the word of God may prevail during our time, and that no one may disobey with impunity the laws of the holy fathers or the decrees of the councils, and that the church may enjoy her ancient honor and dignity and the empire be restored to its former strength. We know that you were greatly distressed at the death of our uncle and predecessor Conrad, but we assure you, beloved father, that we have succeeded him not only in the kingdom, but also in the love which he bore you. We undertake his work of defending the holy Roman church, and we intend to carry on the plans which he made for the honor and liberty of the apostolic see. Your enemies shall be our enemies, and those that hate you shall suffer our displeasure.

96. Answer of Eugene III, May 17, 1152.

Jaffé, I, Wibaldi Epp., no. 382; Doeberl, IV, no. 25 e.

See introductory note to no. 95.

Eugene, bishop, servant of the servants of God, to his beloved son in Christ, Frederick, illustrious king of the Romans, greeting and apostolic benediction.

We have received the messengers and the letter which you sent to inform us of your election by the unanimous vote of the princes.... We give thanks unto God, from whom cometh every good and perfect gift, for this good news, and we heartily approve your election. We are confident that you intend to take upon yourself the fulfilment of the promise which your uncle and predecessor, Conrad, gave to us and to the holy Roman church. We, on our part, shall labor for your advancement and exaltation, as is the duty of our office. We have sent you an ambassador, who will disclose to you our purpose and intention. In the meantime, we admonish you to bear in mind your oath to defend the church and the clergy of God, to keep peace and order, and to protect the widows and the fatherless, and all your people, that those who obey you and trust in you may rejoice, and that you may win glory with men and eternal life with the king of kings.