III. THE STRUGGLE BETWEEN THE EMPIRE AND THE PAPACY, 1073–1250 (continued 3)

As for Otto, at first it does not seem lawful to favor him, because he was elected by only a few electors; it does not seem fitting, because we should have the appearance of supporting him out of hate to another; it does not seem expedient, because in comparison to the other his party is small and weak. But there are better reasons on the other side. In the first place, the rank of the electors and the fitness of the candidate must be considered, as well as the number of electors; and Otto was elected by as many or more of those princes that have the best right to elect the emperor, and is himself much better fitted to rule than is Philip. Then again the Lord visits the iniquity of the fathers upon the children unto the third and fourth generation of them that hate him; that is, upon those that continue in the evil way of their fathers, and Philip has certainly persisted in the wicked persecution of the church which his father began. Finally, although we ought not to return evil for evil, but ought rather to bless them that curse us, yet we should not return good for injury to those who persist in their wickedness or put weapons in the hands of those who rage against us, for God himself exalted the lowly to overthrow the mighty. Therefore it is lawful, proper, and expedient for the pope to favor the election of Otto.

Far be it from us that we should defer to man rather than to God, or that we should fear the countenance of the powerful, since, according to the apostle, we should abstain not only from evil, but also from all appearance of evil [1 Thess. 5:22]. For it is written: "Cursed be the man that trusteth in man, and maketh flesh his arm" [Jer. 17:5]. On the foregoing grounds, then, we decide that the youth should not at present be given the empire; we utterly reject Philip for his manifest unfitness, and we order his usurpation to be resisted by all. As to the rest, we have commanded our legate to persuade the princes either to choose some suitable person or to refer the matter to us for final decision. If they cannot come to a decision, since we have waited long, have frequently urged them to agree, have instructed them as to our desires by letters and legates [we shall take the matter into our own hands], that we may not seem to foster discord, and that we may say with Hezekiah: "There shall be peace and truth in my days" [Is. 39:8], and that we may not be forced, like Peter, to deny the truth, which is Christ, by following afar off, to see the end [Matt. 26:58]. But since the affair will not brook delay, and since Otto is not only himself devoted to the church, but comes from devout ancestors on both sides (on his mother’s side from the kings of England, and on his father’s from the dukes of Saxony, all of whom were faithful servants of the holy see, especially his great-grandfather the emperor Lothar, who twice came down to Apulia on behalf of the papacy and died in the service of the Roman church), therefore we decree that he [Otto] ought to be accepted and supported as king, and ought to be given the crown of the empire, after the rights of the Roman church have been secured.

131. Treaty between Philip, King of Germany, and Philip II, King of France, 1198.

M. G. LL. 4to, IV, 2, no. 1.

About 1200 Europe was divided into two hostile camps, as is apparent from this and the following number. They also show the parties to this struggle which culminated in the battle of Bouvines, 1214.

Philip, by the grace of God, king of the Romans, Augustus. Let all men know that because of the love which existed between our father, Frederick [I] and our brother, Henry [VI], emperors of the Romans, and Philip, king of France, and for the sake of peace, and for the public good, we have made the following peace with the said Philip, king of France.

(1) We will aid him especially against Richard, king of England, and his nephew, Otto [IV], and Baldwin of Flanders, and Adolf, archbishop of Cologne, and against all his other enemies. We will aid him in good faith and without treachery, whenever the opportunity is offered, if it is not against our honor.

(2) If any of our subjects wrongs him, or his kingdom, we will warn him to make reparation within forty days after we hear of it. If we are in Italy, the bishop of Metz shall warn him. If he does not make good the damage which he has inflicted on the king or his realm within the forty days, the said king may take vengeance on him and we will aid him to do so.

(3) We will not keep in our realm any vassal, whether lay or cleric, of the king of France, contrary to the will of the said king.

(4) The said king, whenever he wishes, may take vengeance on the count of Flanders, by attacking the lands of the said count which he holds in the empire, whether they are fiefs or allodial lands.

(5) We promise in good faith that, if we learn that anyone is trying to injure the king of France or his realm, we will try to prevent him from doing so. If we cannot, we will inform the king of France about it....

132. Alliance between Otto IV and John of England, 1202.

M. G. LL. 4to, IV, 2, no. 25.

See introductory note to no. 131.

John, by the grace of God king of England, lord of Ireland, duke of Normandy and Aquitaine, count of Anjou, etc. ... We wish all to know that, in the name of the Lord Jesus Christ, we have made a league with our beloved nephew, Otto, by the grace of God illustrious king of the Romans, Augustus, for the purpose of guarding and defending his empire and his rights, and of giving him faithful counsel and aid in maintaining his rights. By this league all quarrels and differences which existed between us have been settled and we have mutually pardoned each other....

133. Concessions of Philip of Suabia to Innocent III, 1203.

Migne, 217, col. 295 ff; M. G. LL. folio, II, p. 208.

In the beginning of the war between Philip of Suabia and Otto IV, it seemed that Philip would easily be the victor. But things began to go against him and toward the end of 1202, he secretly sent messengers to the pope to see what terms he could secure. Innocent was at least willing to negotiate and sent Martin to him to discuss the situation. In the presence of Martin, Philip drew up the concessions which he was willing to make. These concessions were not sufficient for Innocent, and, besides, Otto IV began to have greater success in the field against Philip. So Innocent repudiated what Martin had done and gave his support to Otto again. But the success of Otto was brief. In 1204–5, Philip began to prevail over Otto, who soon found himself without support. Then Innocent, deserting Otto for his more successful rival, renewed the negotiations with Philip. In 1208 they agreed to a treaty, but its terms were not made public, and the negotiations were not entirely completed when Philip was murdered.

I, Philip, king of the Romans, Augustus, etc. Before Martin, Camaldolensian prior, and brother Otto, monk of Salem, came to me to negotiate about making peace with the church, I had already vowed to God and to his saints to go across the sea to liberate the land of promise from the cruelty of the Gentiles [Turks]; and again after they came and told me of the peace negotiations and of the concessions which the pope was willing to make, I vowed and promised to God and to his saints and to the said prior and brother, representatives of the pope, that, at a suitable time, in good faith and without fraud, I would go on a crusade, to the support of the church and of the empire, and do all I could to liberate the said land. The following persons were witnesses of my vow: Diethelm, bishop of Constance, etc. Besides, I promised that I would do all the following things: I will restore to all churches all the possessions which my predecessors, or I, have unjustly seized or held, and I will no longer disturb them in their possessions. I will cease from all the abuses which my predecessors have practised toward the church, as for example, when a bishop or abbot dies, I will not seize his possessions [spolia]. I will permit the elections of bishops and other prelates to take place in a canonical way, and I surrender control in spiritual matters to the pope. With the help of the pope I will endeavor, as far as my imperial office will permit, to subject all independent monasteries to some one of the regular orders, such as the Cistercian, Camaldolensian, or Premonstratensian. And I will try to compel the clergy as well as the monks to lead a decorous life, such as is becoming to their profession. As far as I can, I will compel advocates and patrons of churches to cease from oppressing the churches with exactions, such as angariæ and parangariæ.{75} If God shall subject the empire of the Greeks to me or to my brother-in-law, I will subject the Greek church to the Roman church. I will always be a faithful and devoted son and defender of the Roman church. I will make a general law and cause it to be observed always and everywhere in my empire that whoever shall be excommunicated by the pope shall be under the ban of the empire. Furthermore, in order that this league of peace and friendship between the pope and me may be observed forever, and that all grounds for suspicion may be removed, and that he may always be to me a most gracious father and I a most faithful son to him, I will give my daughter to his nephew in marriage, and any other members of my family, male or female, I will cause to be joined in marriage to members of his family, as the pope may desire. I will make full satisfaction to God and to the church for all my offences, as the pope may command. These things were done in the presence of the bishop of Constance, etc.

134. Promise of Frederick II to Innocent III, 1213.

Migne, 217, cols. 301 ff.

The powerful personality of Innocent III impressed itself deeply on the young king, Frederick II. The boy was truly devoted to Innocent, who was his guardian, and was willing to do whatever the pope required of him. In 1213 he wrote the following letter to Innocent in which he concedes practically everything for which the popes had been struggling. If the emperor had kept these promises, there would have been no further contest between the papacy and the empire. But as he grew older, and became conscious of his position, and learned what the imperial claims were, he gradually reasserted them and so renewed the conflict which ended in the destruction of his family.

In the name of the holy and undivided Trinity. Frederick II, etc.... To you, most holy father, and to all your successors, and to the holy Roman church, who has been a true mother to us, with a humble heart and devout spirit we will always show all obedience, honor, and reverence, such as our ancestors, catholic kings and emperors, have shown your predecessors. And in order that our devotion to you may be shown to be greater than theirs we will pay you greater obedience, honor, and reverence than they did. Wishing therefore to abolish that abuse which some of our predecessors are said to have practised, we grant that the election of bishops may be free and canonical, so that he whom the whole chapter, or the majority of it, may elect may be established over the vacant church, provided there is nothing in the canon law against his election. Appeals in all ecclesiastical matters may freely be made to Rome, and no one shall attempt to interfere with them. We also will cease from that abuse which our predecessors practised, and will no longer seize the property [spolia] of deceased bishops or of vacant churches. Jurisdiction in all spiritual matters we yield to you and the other bishops, that those things which are Cæsar’s may be rendered to Cæsar, and those which are God’s to God. Moreover we will give our best help and aid in the destruction of heresy. We grant to the Roman church the free and undisturbed possession of all those lands which she has recovered from our predecessors who had despoiled her of them. If there are any such lands which she has not yet succeeded in recovering, we will, with all our strength, aid her to recover them; and if any of them shall fall into our hands we will freely restore them to her. In this we understand that the following lands are included: All the land from Radicofano to Ceperano, the march of Ancona, the duchy of Spoleto, the land of the countess Matilda, the county of Bertinoro, the exarchate of Ravenna, the Pentapolis, with the other lands lying adjacent to them, as described in many documents given by kings and emperors from the time of Ludwig, in which it is said that these lands shall belong forever to the jurisdiction and control of the Roman church. And whenever we shall be called by the pope to come and receive the imperial crown or to render any service to the church, we will receive from them fodrum and other entertainment only as the pope shall give his consent. As a devoted son and catholic prince we will aid the Roman Catholic church to keep and defend the kingdom of Sicily and all other rights which she possesses....

135. Promise of Frederick II to Resign Sicily After his Coronation as Emperor, 1216.

Migne, 217, cols. 305 f; M. G. LL. folio, II, pp. 228 f; Böhmer-Ficker, no. 866; Doeberl, V, no. 13 b.

The pope had with difficulty succeeded in maintaining his ownership of Sicily. Now a new danger was threatening. He feared that, if Sicily should be held by the emperor, it would lead to the revival of the imperial claims to Sicily. In order to prevent this he persuaded Frederick II to promise that as soon as he should be crowned emperor he would resign Sicily to his little son, Henry.

To his most holy father in Christ, Innocent, bishop of the holy Roman church, Frederick, by the grace of God and of Innocent king of the Romans, Augustus, and king of Sicily, offers due obedience in all things, and reverence with filial subjection.

Desiring to provide for the welfare of both the Roman church and the kingdom of Sicily, we firmly promise that as soon as we shall be crowned emperor we will release from our paternal authority our son Henry, whom we, at your command, have had crowned king [of Sicily], and we will entirely relinquish all the kingdom of Sicily on both sides of the strait [of Messina] to be held by him from the Roman church alone, just as we have held it from her. From that time we will neither regard nor call ourselves king of Sicily, but until our son becomes of age we will have the kingdom ruled by some suitable person who shall in all respects be subject to the Roman church, because the government of that kingdom is known to belong to her. We promise to do this because, if we should become emperor and at the same time be king of Sicily, it might be inferred that the kingdom of Sicily belonged to the empire. And such an inference would do injury to the Roman church as well as to our heirs. In order that this our promise may be carried into effect we have caused a golden seal to be affixed to this document.

136. Concessions of Frederick II to the Ecclesiastical Princes of Germany, 1220.

M. G. LL. folio, II, pp. 236 f; Böhmer-Ficker, no. 114; Doeberl, V, no. 14.

Frederick II had agreed that Sicily and Germany should never be held by the same person, but in 1220 he was scheming to have his son Henry [VII] elected and crowned king of Germany. Now Henry [VII] was already king of Sicily. If he were to be elected king of Germany, he would, in accordance with his father’s oath, be compelled to resign the crown of Sicily. But this Frederick did not intend that he should do. Frederick’s pretext for having his son made king of Germany was that he could not go on a crusade without leaving his son as king to care for the government of Germany in his absence. His real purpose was to evade his oath to the pope and secure both crowns in the possession of his family. In spite of the protests of the pope, Frederick secured the election and coronation of his son. He bought the aid of the German clergy by granting them large regalian rights. These concessions which he made to the clergy bought their support for the moment and made it impossible for the pope to proceed to extreme measures against him for having his son crowned king of Germany, contrary to his oath. The policy which Frederick followed here was ruinous to the German crown. He made of each ecclesiastical prince a little king in fact, though not in name, thus stripping the crown of its rights and powers. For the logical and ruinous effects of this policy on the royal power, see the Golden Bull, no. 160.

In the name of the holy and undivided Trinity. Frederick II, by the grace of God king of the Romans, Augustus, and king of Sicily.

We bear in grateful remembrance the fidelity of the ecclesiastical princes to us, and their help in raising us to the empire, and supporting us in that station, and in electing our son Henry as king, and we propose to promote their interests as they have promoted ours, and to support them as they have supported us.

Therefore since certain injurious customs, or rather abuses, have grown up during the long conflicts of the empire (which now by the favor of God have ceased), in the way of new tolls, the minting of coins which led to confusion by their similarity to existing coins, private wars of advocates, and other evils without number, we now remove these abuses by the following decrees:

We promise that we will never henceforth lay claim to the personal property of a prelate at his death [the right to the spolia], but that, if a prelate dies intestate, his possessions shall go to his successors, and that no layman shall lay claim to them on any pretext whatsoever. If the prelate made a will it shall be valid in the law.

We will never grant any new tolls or new mints within the territory or jurisdiction of any one of the princes except by his consent and desire. We will preserve and defend the ancient tolls and mints which have been granted to their churches, neither infringing these rights ourselves nor permitting anyone else to do so. We forbid anyone to cheapen or confuse the coinage of the princes by making coins of similar appearance.

We will never admit to citizenship in our cities the subjects of any of the ecclesiastical princes, who have left the services of their lord for any cause. We desire that the same consideration be shown by the ecclesiastical princes to one another, and by the lay princes to the ecclesiastics.

We forbid advocates to injure the property of churches committed to their care. If they do so they shall restore the damage twofold, and pay 100 marks of silver to the royal treasury as a fine.

If the vassal of any of the ecclesiastical princes has been convicted of offence against his lord by feudal law and has been ejected from his fief, we will protect the lord in his retention of the fief, and if he wishes to give the fief to us we will accept it without regard to the love or hate of anyone. If the fief of an ecclesiastical lord has become vacant by the above process or by the death of the holder, we will never lay claim to it unless it is given to us by the will and desire of the lord, and we will defend him in his possession of it.

If any of the ecclesiastical princes has excommunicated anyone and has notified us of this by word of mouth or letter or by reliable messengers, we will refuse to have any dealings with the excommunicated person. Such a person shall be deprived of his rights before the law, this deprivation not freeing him from the obligation of answering the accusations against him, but destroying his right to bear testimony or give judgment, or to bring suit against others.

And since the secular sword is intended to support the spiritual sword, we declare that our ban shall follow upon the excommunication pronounced by an ecclesiastical prince, if the excommunicated person is not absolved within six weeks; the ban of the empire shall not be revoked until the excommunication is withdrawn.

We have promised also to support and defend the princes by our authority in all cases, and they have promised on their faith to aid us to the best of their ability against any man who resists our authority.

We decree also that no buildings, castles, or cities shall be erected upon ecclesiastical lands through the interests of the advocate or through any other pretext. If such are erected without the consent of those to whom the lands belong they shall be destroyed by the royal authority.

Following the example of our ancestor, the emperor Frederick of blessed memory, we forbid any of our officials to claim jurisdiction in the matter of tolls, mints, or other rights, in any of the cities of the ecclesiastical princes, except during the time of the public diet and eight days before and eight days after. During that time the officials of the emperor shall exercise jurisdiction in accordance with the customs of the city and the laws established by its prince. If we come into any of their cities at any other time, we will not exercise any rights in it, but the authority of the prince or the lord of the city shall continue unimpaired.

Finally, since the acts of men are wont to sink into oblivion through the lapse of time, we hereby decree that these benefits and privileges shall be perpetually granted to the churches, and that our successors shall preserve them and enforce them on behalf of the church....

137. Decision of the Diet Concerning the Granting of new Tolls and Mints, 1220.

M. G. LL. folio, II, p. 237; Böhmer-Ficker, no. 1118; Doeberl, V, p. 150.

The ecclesiastical princes promptly demanded that the emperor’s concessions to them (no. 136) be put into force. To illustrate the effect of his grant, we give two documents, one in response to complaints about some new tolls established by the count of Gelder, the other to the patriarch of Aquileia who had presented a long list of grievances for redress. Frederick revoked the charter which he had given the count of Gelder and gave the patriarch a charter confirming him in the possession of many regalian rights (no. 138). This latter document shows that the patriarch was in the possession of a high degree of sovereignty. It also throws light on the movement in the cities, which were throwing off the rule of their lords and establishing local self-government (see section X).

Frederick, etc. We wish all to know that while we were holding a diet at Frankfort the following decision was rendered with the consent of the princes, namely: That we have not the right to empower anyone to establish new tolls or mints to the damage or disadvantage of another. Since we have heard many complaints about the tolls and mint which the count of Gelder has established, as he says, with our permission, we inform you all that we do not grant him the permission for these tolls and this mint. We forbid him to interfere in any way with the tolls at Arnheim, or Oesterbeke, or Lobith, or in any other place on the Rhine, or with any mint. We do this regardless of the fact that he says he has our permission, and regardless of any letters, from us or any of our predecessors, which he may have.

138. Frederick II Gives a Charter to the Patriarch of Aquileia, 1220.

Böhmer-Ficker, no. 1252; Doeberl, V, pp. 150 ff.

See introduction to no. 137.

Frederick II, etc.... We wish all to know that in a full diet a decision was rendered by our princes that (1) the patriarch of Aquileia has the authority to take whatever action he wishes in regard to establishing a market in any of the cities, towns, villages, and in all other places, where he has jurisdiction. (2) He may put under the ban any of his subjects, and also release them from it. (3) The cities, towns, and villages, which are under his jurisdiction, have no right to elect their rulers, or consuls, or rectors, contrary to the will of the patriarch. (4) No city, commune, or organization of any kind, whether lay or cleric, over which the said patriarch has jurisdiction, has the right to interfere with the bishopric after the death of the bishop, or with any of the things which belong to the bishopric. (5) No one has the right to establish new tolls, mints, or markets, in the lands over which the patriarch has jurisdiction, without his consent. (6) No one shall build mills on any of the streams without his consent. (7) No official shall confer freedom on anyone, or sell or alienate any vineyards, fields, meadows, roads, or anything else which belongs to the regalia, without the patriarch’s consent. (8) The Venetians have no right to levy a tax on the lands or anything else belonging to the patriarch, or to compel his vassals to take an oath of fidelity to them. (9) No one under the jurisdiction of the patriarch, whether free, vassal, or ministerial, has the right to make a league or alliance without the consent of the patriarch. If any such league is made, it is invalid and the parties to it shall be proscribed. (10) No one has the right to establish new cities, towns, or markets, on land which is under the jurisdiction of the patriarch, without his consent.

139. Statute of Frederick II in Favor of the Princes, 1231–2.

M. G. LL. folio, II, pp. 291 ff; Böhmer-Ficker, no. 1965; Doeberl, V, no. 17.

Henry [VII], being a mere child when he was crowned, was under the control of regents until 1229, when he began to rule in his own name. But he fell under the influence of princes who persuaded him to grant them many regalian rights. When Frederick II came into Germany, 1231, the princes asked him to confirm the grants which his son had made them. He consented to do so and the following document was given them. Like the grant to the ecclesiastical princes in 1220, it diminished the rights of the crown and increased the independence of the princes.

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

(Introduction stating the occasion for the statute, which confirms the grants of his son Henry.)

No new castles or cities shall be erected by us or by anyone else to the prejudice of the princes.

New markets shall not be allowed to interfere with the interests of former ones.

No one shall be compelled to attend any market against his will.

Travellers shall not be compelled to leave the old highways, unless they desire to do so.

We will not exercise jurisdiction within the ban-mile of our cities.

Each prince shall possess and exercise in peace according to the customs of the land the liberties, jurisdiction, and authority over counties and hundreds which are in his own possession or are held as fiefs from him.

Centgrafs shall receive their office from the prince or from the person who holds the land as a fief.

The location of the hundred court shall not be changed without the consent of the lord.

No nobleman shall be amenable to the hundred court.

The citizens who are known as phalburgii [i.e., persons or corporations existing outside the city, but possessing political rights within it] shall be expelled from the cities.

Payments of wine, money, grain, and other rents, which free peasants have formerly agreed to pay [to the emperor], are hereby remitted, and shall not be collected henceforth.

The serfs of princes, nobles, ministerials, and churches shall not be admitted to our cities.

Lands and fiefs of princes, nobles, ministerials, and churches, which have been seized by our cities, shall be restored and shall never again be taken.

The right of the princes to furnish safe-conduct within the lands which they hold as fiefs from us shall not be infringed by us or by anyone else.

Inhabitants of our cities shall not be compelled by our judges to restore any possessions which they may have received from others before they moved there.

Notorious, condemned, and proscribed persons shall not be admitted to our cities; if they have been, they shall be driven out.

We will never cause any money to be coined in the land of any of the princes which shall be injurious to his coinage.

The jurisdiction of our cities shall not extend beyond their boundaries, unless we possess special jurisdiction in the region.

In our cities the plaintiff shall bring suit in the court of the accused.

Lands or property which are held as fiefs shall not be pawned without the consent of the lord from whom they are held.

No one shall be compelled to aid in the fortifying of cities unless he is legally bound to render that service.

Inhabitants of our cities who hold lands outside shall pay to their lords or advocates the regular dues and services, and they shall not be burdened with unjust exactions.

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.

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.

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.

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....

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.

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

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.

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.

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.

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.

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.

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.

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.

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

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.

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.

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.