letter I will not wittingly make known to their hurt. If I learn of an

impending injury to them I will prevent it if possible; if I cannot prevent it I will inform them of it either in person or by letter or by messenger, or I will tell it to some person who, I believe, will tell them of it. I will aid them in defending Ceccano and all the land which I hold, and the other regalia of St. Peter which they hold. If they have lost any regalia, I will aid them in recovering, keeping, and defending it against all men. These things I will keep in good faith, without fraud or deceit. So help me God and these holy gospels.

After these things he put his hands into the hands of the pope and did him liege homage. And the pope graciously gave him a silver cup overlaid with gold. And afterward, in the same year, the same pope, because of his faithfulness and services of John of Ceccano and his ancestors, gave him the castle of Sitense as a fief.

125. Innocent III Commands the Archbishop of Messina to Receive the Oaths of Bailiffs in Sicily, 1203.

Migne, 215, col. 55.

See introductory note to no. 123. This document is an evidence that the government of Sicily was administered by the pope. According to the Constitutions of Sicily, 1231, the bailiffs had jurisdiction over thefts, the use of false weights and measures, and the less important civil cases.

Knowing your orthodoxy and your faithfulness we do not hesitate to commit to your charge those things which will advance the honor of the apostolic see. Accordingly, by this apostolic writing, we command you to demand and receive, in our name, the bailiff's oath from all counts, barons, citizens, and others who have not yet taken it.

126. Innocent III Commands the English Barons to pay their Accustomed Scutage to King John, 1206.

Migne, 217, col. 248.

Innocent III presumed to dictate to the whole Christian world in all matters, temporal as well as spiritual. The following documents, nos. 126-129, are offered merely to illustrate by a few specific cases the authority which he assumed. They explain themselves.

Innocent .... to his beloved sons, the great nobles, barons, and knights in England, greeting and apostolic benediction. Our most dear son, John, the illustrious king of England, has informed us that, although your ancestors were accustomed from ancient times to pay the king scutage for the baronies which they held from him, and although you yourselves have paid this scutage up to very recent times, you have now arbitrarily refused to pay scutage for the army which he led last year into Poitou. In order that your king's plans may not be interfered with by such action, we earnestly admonish and exhort you, and by this letter we command you to pay promptly and without further resistance or objection the said scutage in accordance with your obligation. For without judicial procedure he cannot be despoiled of this scutage because his ancestors and he have been accustomed to receive it, and besides, provided his right to it is admitted, he is ready to hear any just complaints that may be made to him about it.

127. Innocent III to Peter of Aragon, 1211.

Migne, 216, col. 404 f.

See introductory note to no. 126.

Since you say that while you were still a minor you did yourself great damage by making grants which now involve a large part of your income, and that, although you are very poor, you incur heavy expenses in fighting the enemies of Christianity [that is, the Mohammedans in Spain], I hereby give you the authority to revoke all the grants you made during your minority; but with this proviso, that if you wish to revoke any grants which you made to churches or to other places which are put to a religious use, such revocations shall be passed on by an ecclesiastical judge.

128. Innocent III Grants the Title of King to the Duke of Bohemia, 1204.

Migne, 215, col. 333 f.

See introductory note to no. 126 and to no. 56.

Although there have been many in Bohemia who have worn a royal crown, yet they never received the papal permission to call themselves king in their documents. Nor have we hitherto been willing to call you king, because you were crowned king by Philip, duke of Suabia, who himself had not been legally crowned, and therefore could not legally crown either you or anyone else. But since you have obeyed us, and, deserting the duke of Suabia, have gone over to the illustrious king, Otto, emperor elect, and he regards you as king, we, at his request and out of consideration of your obedience, are willing hereafter to call you king. Now that you know why this favor has been granted you, strive to shun the vice of ingratitude. And show that you have deserved our favor which we have so graciously shown you, and try also to retain it. See to it that you are solemnly crowned by Otto as soon as possible.

129. Innocent III Rebukes the English Barons for Resisting King John of England, 1216.

Migne, 217, col. 245 f.

See introductory note to no. 126.

Innocent, etc., to his beloved sons, the magnates and barons of England, greeting and apostolic benediction.

We are gravely troubled to learn that a quarrel has arisen between our most beloved son, John, king of England, and some of you, about certain questions that have recently been raised. Unless wise counsel prevails and diligent measures are taken to end this quarrel, it will cause injury. It is currently reported that you have rashly made conspiracies and confederacies against him, and that you have insolently, rebelliously, presumptuously, and with arms in your hands, said things to him, which, if they had to be said, should have been said humbly and submissively. We utterly condemn your conduct in these matters. You must no longer try, by such means, to hinder the king in his good plans. By our apostolic authority we hereby dissolve all conspiracies and confederacies that have been made since the quarrel between the crown and the church began, and forbid them under threat of excommunication. We order you to endeavor by clear proofs of humility and devotion to placate your king and to win his favor by rendering him those customary services which you and your ancestors have paid him and his predecessors. And in the future, if you wish to make a request of him, you shall do it, not insolently, but humbly and reverently, without offending his royal honor; and thus you will more readily obtain what you wish. We ask and beseech the king in the Lord and command him, in order to obtain forgiveness of his sins, to treat you leniently, and graciously to grant your just petitions. And thus you yourselves may rejoice to know that he has changed for the better, and on this account you and your heirs may serve him and his successors more promptly and devotedly. We ask, and, by this apostolic writing, command you to bear yourselves in such a way that England may obtain the peace she so earnestly longs for, and that you may deserve our aid and support in your times of trouble.

130. Decision of Innocent III in Regard to the Disputed Election of Frederick II, Philip of Suabia, and Otto of Brunswick, 1201.

Reg. d. Innoc. III. p. super neg. Rom. imp., no. 29; Huillard-Bréholles, I, 70-76; Böhmer-Ficker-Winkelmann, no. 5724 a; Doeberl, V, no. 8.

At the death of Henry VI, 1197, his brother, Philip of Suabia, tried to persuade the princes to elect the infant son of Henry, Frederick, as king. While some were in favor of this, others refused on the ground that it would be ruinous to elect a child king. They offered the crown to Philip, but he refused it because he was unwilling to appear to be false to his little nephew. In spite of Philip's persistent refusal a party of the princes elected him. The Guelf party elected Otto, son of Henry the Lion. Under these circumstances Innocent III declared that it was his right as pope to decide the disputed election. His reasons for deciding in favor of Otto are given in the following document.

In the name of the Father, Son, and Holy Spirit.

It is the business of the pope to look after the interests of the Roman empire, since the empire derives its origin and its final authority from the papacy; its origin, because it was originally transferred from Greece by and for the sake of the papacy, the popes making the transfer in order that the church might be better protected; its final authority, because the emperor is raised to his position by the pope who blesses him, crowns him, and invests him with the empire. Henry [VI] recognized this truth in respect to our predecessor, pope Celestine of blessed memory, for although for a little while after he had received the crown from the pope, he refused to admit this, later he came to his senses and besought the pope to invest him with the golden mantle of the empire. Therefore, since three persons have lately been elected king by different parties, namely, the youth [Frederick II], Philip, and Otto, so also three things must be taken into account in regard to each one, namely: the legality, the suitability, and the expediency of his election.

In respect to the youth, the son of emperor Henry, at first glance it does not seem lawful to oppose his election, because it was supported by the oaths which his father received from the princes before his death. For although that oath may have been extorted from them by force, nevertheless it is not thereby rendered void; in the case of the oath which the children of Israel swore to Gibeon, they decided that, although it had been secured by fraud, it ought still to be kept. Moreover, if the oath of the princes was originally extorted from them, the emperor later recognized his sin, and released them from their oath, sending back the letters in which they promised to elect his son; then the princes, in the emperor's absence, of their own accord elected his son, and almost all of them promised him fidelity and some did him homage. Therefore it does not appear that they may lawfully break that oath. It does not seem proper for us to deprive him of his kingdom, because he has been intrusted to our guardianship and protection, and moreover it is written: "Defend the fatherless" [Ps. 82:3]. It does not seem expedient to oppose him, because, when the youth shall arrive at years of discretion and shall learn that he was deprived of his kingdom by the pope, not only will he not show us reverence, but even as far as he is able he will attack the church, and withhold from her the allegiance and dues which she should receive from the kingdom of Sicily. On the other hand, there are good reasons why it should be lawful, fitting, and expedient to oppose his election. It is lawful because the oaths of the princes were illegal, and the election was unwise. For they elected as emperor a person unsuited not only to that, but to any other office, for he was then scarcely two years old and was not yet baptized. It appears then that such illegal and unwise oaths should not be kept. The case of the oath sworn to Gibeon does not apply, for that oath could be kept without working injury to the people of Israel, while the observance of these oaths will not only injure one race, but will cause great loss and damage to the church and the whole Christian people. Nor can it be said that these oaths are legal if interpreted according to the intention of the princes who swore them. They meant that if they elected him emperor, he was not to rule immediately, but later when he came of age. But how then could they judge of his fitness to rule? Might he not turn out to be so foolish and simple as to be utterly unworthy even less honor? Suppose that they meant he should rule only when he was fitted to, and that in the meantime his father should govern the state. But later an event occurred which the princes had not thought of, and which made it neither right nor possible for the princes to keep their oaths; that is, the sudden death of the father. Now since the empire cannot be governed by a deputy, and an emperor cannot be elected for a temporary term, and since the church neither wishes nor is able to do without an emperor, it is lawful to elect some one else. It is not fitting that he should rule. For how can he rule who is himself under the rule of others? How can he protect the Christian people who is himself under the tutelage of others? It is no sufficient answer to this to say that it was to our guardianship that he was intrusted, because this was done not that we might give him the empire, but that we might hold the kingdom of Sicily for him. The Scripture says: "Woe to thee, oh land, when thy king is a child, and thy princes eat in the morning" [Eccles. 10:16]. It is not expedient that he should become emperor, because thereby the kingdom of Sicily would be united with the empire to the danger of the church; for, to say nothing of other dangers, he would, like his father before him, be unwilling to prejudice the dignity of the empire by taking the oaths of fidelity and homage to the pope for the kingdom of Sicily. And it is no answer to this to say that he would later oppose the church if we deprived him of the empire, for it is not we who are depriving him of his empire, but his uncle [Philip] who has attempted to seize not only the empire, but his maternal possessions as well, while we have been defending them for him at great expense and with great labor.

As to Philip, it does not seem lawful to oppose his election. In deciding the legality of elections, account has to be taken of the zeal, the rank, and the number of the electors. It is not easy to determine the zeal, but, in respect to the other considerations, it is clear that Philip was elected by many princes of high rank, and that many others have since given him their support. Therefore his election seems to be legal, and not to be opposed. It would seem also that it is not proper for us to oppose his election, for we would appear thereby to be taking revenge for our injuries, if, because his father [Frederick I] and his brother [Henry VI] persecuted the church, we should persecute him and visit upon him the punishment incurred by the sins of others; whereas our Lord has said: "Love your enemies, bless them that curse you, do good to them that hate you, and pray for them which despitefully use you" [Matt. 5:44]. It would seem also not to be expedient to oppose his election. To oppose a man so strong in wealth and supporters is like battling with the torrent with the bare arms. We would only make an enemy of him and create even greater strife in the church. We ought rather to seek peace and pursue it, which we could do by supporting him. But on the other hand it seems lawful to oppose his election, for he was excommunicated lawfully and in solemn form by our predecessor. Lawfully, because he had seized the lands of St. Peter [Tuscany], and ravaged and burned them, refusing to make satisfaction after being warned to do so once and again by our brothers; in solemn form, for it was done at mass in the church of St. Peter on a great feast-day, and he himself recognized the validity of the excommunication by sending a messenger to us to beseech absolution, and by having himself absolved later after his election, by our legate, although contrary to our commands. So it is evident that he was elected while under sentence of excommunication, and some believe that he is not yet released from it. For in giving him absolution, the former bishop of Sutri did not observe the conditions laid down by us; namely, that Philip should first release the archbishop of Salerno from captivity, and should then be freed from the necessity of coming to Rome for absolution if he would take oath publicly to obey us in respect to the deeds for which he had been excommunicated, and then only should be given absolution. But the bishop of Sutri attempted to absolve him secretly while the said archbishop was still a prisoner, and without requiring any oath at all; for which disobedience he was deprived of his bishopric by us and ended his days in a monastery. Moreover, since we have frequently excommunicated Markwald and all other German and Italian supporters of Philip, Philip himself, the author of their sins, is surely subject to the same sentence. Moreover, it is notorious that he swore fidelity to the youth [Frederick], and yet has seized his kingdom and tried to seize the empire; therefore he is guilty of perjury. It is objected that we have already declared such oath to be illegal, and that he is not guilty of perjury in not keeping it, because we have said it ought not to be kept. But even if the oath was unlawful, he should not have broken it on his own authority, but should first have consulted us, after the example of the children of Israel, in the case of the oath which they swore to Gibeon; for although the oath had been won from them by fraud they did not break it of their own accord, but decided to consult the Lord. Moreover since whatever is done against the conscience leads to hell (according to the words of the apostle: "Whatsoever is not of faith is sin" [Rom. 14:23]), and since Philip excuses himself in this matter by saying that he would not have taken the kingdom if he had not known that otherwise some other persons would have seized it, it is clear that he believed he ought to have kept the oath, and that in violating it he went against his own conscience. So it seems that we ought to oppose him and resist his attempt to hold the empire, since he is legally under excommunication and is guilty of perjury. It appears also that we may properly oppose his election, for by his succession, brother will be succeeding brother, just as formerly son succeeded father when Frederick handed on the crown to his son [Henry VI] and Henry tried to do the same for his son [Frederick II]; and thus the empire tends to become hereditary, the abuse becoming law by long custom. Also it appears expedient to oppose him, for he is a persecutor, and of a race of persecutors, and if we do not oppose him now we shall be arming our enemy against ourselves.

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.

{75} See no. 103, note 73.

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:

1. 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.

2. 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.

3. 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.

4. 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.

5. 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.

6. 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.

7. 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.

8. 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.

9. 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.

10. 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.

11. 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.)

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

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

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

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

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

6. 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.

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

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

9. No nobleman shall be amenable to the hundred court.

10. 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.

11. 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.

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

13. 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.

14. 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.

15. 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.

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

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

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

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

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

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

22. 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.

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

140-142. Treaty of San Germano, 1230.

140. The Preliminary Agreement.

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

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

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

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

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

See introductory note to no. 140.

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

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

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

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

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

See introductory note to no. 140.

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

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

143. Papal Charges and Imperial Defence, 1238.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

144. The Excommunication of Frederick II, 1239.

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

See introductory note to no. 143.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

145. Current Stories about Frederick II.

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

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

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

IV. THE EMPIRE FROM 1250 TO 1500

146. Diet of Nürnberg, 1274.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Rymer, Foedera, II, p. 259.

Rudolf's chief policy was the aggrandizement of his family. By all possible means he endeavored to acquire lands in such a way that they would remain in the possession of his family, no matter who should be elected as his successor. This document is interesting as throwing light on his ambitious foreign relations, but it is still more important because it speaks of a great event in the good fortunes of the Hapsburg house, namely: the acquisition of the duchies of Austria, Styria, and Carinthia, the territorial basis for its future greatness. See no. 110, for the origin of the duchy of Austria.

To the magnificent prince, Edward, by the grace of God king of England and our dearest friend, Rudolf, by the same grace king of the Romans, Augustus, a perpetual increase of love and friendship. Although the Emperor of the eternal empire, the creator of all things, has stricken our heart with an incurable wound in the death of our beloved son Hartmann, by whose marriage our two houses were to be bound together in an eternal bond of friendship, yet, for our part, his death has not put an end to our friendship for you, as we are eager to demonstrate in every way. Therefore we have thought it right to inform you that we are prospering in all things, and have been successful in securing the consent of the electors to our plans for raising our sons to the rank of princes and investing them with the duchies of Austria, Styria, and Carinthia.

151. Decree against Counterfeiters, 1285.

M. G. LL. folio, II, p. 446.

Since so many individuals, cities, and monasteries had the right to coin money, it was impossible to keep effective control of the coinage. It was inevitable that it would in the course of time be debased. During the interregnum this abuse seems to have grown rapidly.

Rudolf, etc., to all the faithful subjects of the holy Roman empire to whom these presents come, grace and every good thing. In the court over which we presided, held at Mainz on the day of the blessed Virgin Margaret, we asked the princes, counts, nobles, ministerials, and other faithful subjects of our empire who were present, what should be the penalty for coiners of false money, for those who pass false money or knowingly have it in their possession, and for the lords who protect such persons in their castles. It was decided that the coiner of false money should be decapitated; that he who passed false money or knowingly had it in his possession should lose his hand, and that the lord who protected a coiner of false money should suffer the same penalty as the coiner.

152. The Beginning of the Swiss Confederation, 1290.

Kopp, Urkunden zur Geschichte der eidgenössischen Bünde, no. 19.

The Swiss confederation had its beginning in the following league which the three forest cantons, Uri, Schwyz, and Unterwalden, made in 1290. It is in itself, however, a renewal of a still older league, the history of which is unknown to us. This document reveals the fact that these cantons were not entirely independent, but were subject to some external power. For instance, they did not choose or create their own judges, but received them from some one whom they recognized as their lord. The next document, no. 152 a, shows that unfree men, probably ministerials, had been put over them as judges.

In the name of the Lord, amen. It is a good thing for the public utility if communities agree to preserve order and peace. Therefore let all know that the men of the valley of Uri, and the community of the valley of Schwyz, and the commune of those who live within the mountains of the lower valley [Unterwalden], considering the dangers that threaten them, and in order to be better able to defend themselves and their possessions, have, in good faith, promised mutually to assist each other with aid, counsel, and support, and with their persons as well as their possessions, with all their power and with their best effort, within the valley and without, against each and all who may try to molest, harm, or injure any of us in our persons or in our possessions. Each commune promised to aid the others whenever it should be necessary, and at its own expense to assist the others in repelling the attacks of their enemies and in avenging their injuries. The three cantons took oath that they would do these things without treachery.

We hereby renew the ancient agreement which has existed among us. (1) Each man, according to his condition, shall be bound to obey his lord and to serve him in the proper manner. (2) We unanimously promise, decree, and ordain that in the aforesaid valleys we will not receive any judge who has bought his office in any way, or who is not an inhabitant of the valley. (3) If a dispute arises among us, the more prudent among us shall meet and settle it as seems best to them. If anyone refuses to accept their decision we will all assist in enforcing it. (4) Above all, we decree that whoever treacherously and without good reason kills another shall be taken and put to death, unless he can prove his own innocence and a grave offence of the other. If the murderer runs away, he shall never be permitted to return to the valley. All who receive or protect such a malefactor shall be driven out of the valley until the people agree to permit them to return. (5) If anyone, by day or night, secretly and maliciously burns the house of another, he shall never again be regarded as a citizen of the valley. And if anyone protects or defends such a malefactor within the valley, he shall make proper satisfaction to him whose house was burned. (6) If anyone seizes the property of another, his own possessions, if they are in the valley, shall be seized for the purpose of rendering just satisfaction to him whose property was taken. (7) No one shall take the property of another as a pledge [security], unless he is bondsman for him, or the latter is clearly his debtor, and then only with the special permission of the judge. (8) Each one must obey his judge, and, if necessary, must tell the name of the judge before whom he must answer. (9) If anyone resists the decision of the judge and thereby causes damage to another, we are all bound to assist in compelling him to make proper satisfaction to him whom he has injured. (10) If war [feud] or a quarrel arises between any of us, and one of the parties refuses or neglects to secure its justice or to render satisfaction, we are all bound to defend the other party.

As an evidence that these statutes shall be binding forever this present document was made at the request of the aforesaid inhabitants and sealed with the seals of the three communities.

Done in the year of our Lord 1290, at the beginning of August.

152 a. Edict of Rudolf, Forbidding Judges of Servile Rank to Exercise Authority in Schwyz, 1291.

M. G. LL. folio, II, p. 457.

The free peasants of the Swiss cantons had a serious ground of complaint in the fact that feudal lords made use of their ministerials in the administration of justice. Being themselves freemen, the peasants of Schwyz objected to being tried and judged by men of unfree rank, as the ministerials were. See nos. 296 and 297.

Rudolf, by the grace of God king of the Romans, Augustus, to all the freemen of Schwyz, his beloved subjects, grace and every good thing. We regard it as unfitting that any person of servile condition should be made a judge over you. Therefore, by our royal authority expressed in this letter, we decree that no one of servile condition shall ever in the future exercise the authority of a judge over you.

153. Concessions of Adolf, Count of Nassau, to the Archbishop of Cologne in Return for his Vote, 1292.

Ennen, Wahl des Königs Adolf von Nassau, pp. 56 ff; Altmann und Bernheim, no. 16.

Candidates for the royal crown in Germany were compelled to practise bribery in the most open and shameless manner. Each elector was determined to get as much as he could for his vote, in one way or another, and so demanded a great variety of things from the candidate. We give the agreement which Adolf, count of Nassau, was compelled to make with the archbishop of Cologne in 1292. Of course he had to pay, or at least promise to pay, something to each of the other electors. An analysis of each paragraph will make clear the advantages which the archbishop sought to obtain from Adolf in return for his vote.

The archbishop of Cologne had followed a policy of territorial expansion. The great commercial interests of his city made it desirable that it should control the water-way to the sea and, if possible, a part of the coast-line. So Siegfried attempted to get possession of the lands which lay to the north and northwest, between Cologne and the sea. This brought him into conflict with the dukes of Brabant, and led to a war. In the battle of Worringen, June 6, 1228, the archbishop was defeated, taken prisoner, and held as a captive for eleven months. During his captivity his enemies took many of his possessions from him. In addition to these misfortunes the people of Cologne rebelled against him, and seized his castles, lands, and revenues. When he was finally released from captivity, he found himself in a bad plight. He was without troops, his castles were either destroyed or in the hands of his enemies, and the gates of his city were closed against him. This explains many of the things which he demanded of Adolf.

Otto "with the arrow," the margrave of Brandenburg (d. 1309), received his title in a curious way. He made war on the archbishop of Magdeburg, and in a battle was struck on the head with an arrow. The point of the arrow could not be removed, but remained in his head for more than a year. On this account he was afterward called Otto "with the arrow."

We, Adolf, by the grace of God count of Nassau, etc. Long before the empire was made vacant by the death of Rudolf, king of the Romans, we had vowed to God to go on a crusade, if it were possible, and to render a pleasing service to God for the remission of our sins. Now we could do much more for the honor of God and the recovery of the holy land, if we, although unworthy, were elected king of the Romans. Since our reverend father, Siegfried, archbishop of Cologne, is laboring for our election and will vote for us, of our own free will and accord we promise and bind ourselves by our word of honor and by our oath to do the following things:

(1) If we are elected king of the Romans, we will protect and defend the church and all ecclesiastical persons in all their rights and liberties, and if damage is done them, we will endeavor to make it good. And we promise this especially of the church of Cologne, which has now for a long time been suffering from her heavy losses and misfortunes.

(2) Even if the other electors do not vote for us, we will accept the election at the hands of the archbishop of Cologne, and we will never give up the right to the crown which his vote gives us.

(3) And because the empire cannot prosper if the holy church of Cologne, which has suffered so many losses and misfortunes, is not first restored by the aid of the empire, we promise and of our own free will and accord bind ourselves by our word of honor and by our oath that if the archbishop votes for us, we will surrender to him and to his successors and to the church of Cologne the fortresses and strongholds, Cochem, Wied, Landskrone, Sinzig, Duisburg, and Dortmund, in order that he may better defend and preserve the right of the realm and of the empire in those parts, and also the rights of the church of Cologne, against their enemies and opponents. We will free these places from the claims of those who now hold them, and we will give them, with all their rights, income, jurisdiction, tolls, and belongings, to be held and possessed by the said archbishop and his successors and the church of Cologne as long as we live. And we will never demand them, or any part of their income, of the archbishop as long as we live. We grant all their income, tolls, and profits during our reign to the archbishop in return for his services in holding them against our enemies and those of the empire. We reserve for ourselves only the free right to enter the said places whenever it may be necessary.

(4) The said archbishop and the church of Cologne had pawned their castles, Leggenich, Wied, Waldenburg, Rodenburg, and Aspel, to count Adolf de Monte for a certain sum of money in order to liberate the archbishop from captivity; but the Roman church had ordered the said count under threat of excommunication and interdict to restore freely and entirely the said castles to the archbishop and his church and had commissioned Rudolf, the late king of the Romans, to see that he did so. We promise therefore that we will compel count Adolf and his heirs to surrender the said castles and the village of Deutz to the archbishop and his church without any loss and without the payment of any money.

(5) We also promise to restore to the said archbishop the advocacy and jurisdiction in Essen, and the manors of Westhoven, Brakel, and Elnenhorst, and we guarantee to him the peaceable possession of them.

(6) We also promise to maintain the archbishop and his successors in the possession of the castles Wassenberg and Leidberg, and we will aid them against the duke of Brabant and the count of Flanders and all others who may attempt to invade and seize these possessions.

(7) If the archbishop or his successors and the church of Cologne wish at their own expense to rebuild the castles, Worringen, Ysenburg, Werl, Minden, Ravensberg, Volmarstein, Hallenberg, and the other castles of the church of Cologne which were destroyed during the captivity of the archbishop, we promise to resist all violence offered them while doing so, and we will use our royal power against those who try to prevent them from rebuilding them.

(8) We also promise to confirm the archbishop in the possession of the tolls at Andernach and Rheinberg, and we will renew all the grants which have been made by emperors and kings to the said church.

(9) We also promise to restore to the archbishop and the church of Cologne the castle and possessions at Zelten, of which the archbishop was deprived during his captivity by the count of Veldenz.

(10) We also promise to compel the citizens of Cologne to make the proper satisfaction to the archbishop and the church of Cologne for their offences against the archbishop. They have now been excommunicated a year and a day and their offence is notorious, and if they do not make the proper satisfaction to the archbishop, we will, at the request of the archbishop and the church of Cologne, proscribe the citizens and confiscate their property. And we will labor with all our might and at our own expense to aid the archbishop and his successors and the church of Cologne against the citizens and all who aid them. We will not cease to make war on them nor will we make a peace, truce, or agreement with them without the consent of the archbishop, and in such matters we will follow his wishes.

(11) We also promise that if the citizens submit to the archbishop, or are subjected by him, we will not in any way interfere in the affairs of the city, nor will we require an oath of fidelity and homage from the citizens, because the city belongs completely to the archbishop and he has jurisdiction over it in all matters both spiritual and temporal.

(12) We also promise to renew and confirm to the archbishop and the church of Cologne their protection of the monastery of Corvey, which was granted them by Rudolf, king of the Romans, and we will recover for the church of Corvey all the castles and strongholds which have been violently taken from her.

(13) We promise to give the archbishop and the church of Cologne 25,000 silver marks toward defraying the necessary expenses which he and the church of Cologne are bound to have in performing the services which they owe to the empire.

(14) In order to secure the observance of these promises, we agree to get the castles, Nassau, Dillenburg, Ginsberg, and Segen, with the full consent of count Henry, his wife, and his brother, Emicho, and also Braubach, Rheinfels, Limburg, and the castle and town of Velmar, with the consent of their lords and their heirs, and we will put all these places into the hands of the archbishop, his successors, and the church of Cologne, to be held at our expense. We will name fifty nobles and knights as good and legal security, and if the archbishop wishes, we will go into Bonn with these fifty nobles within fifteen days, and we will not leave Bonn until each and all of these promises have been fulfilled, or security given that they will be fulfilled to the satisfaction of the archbishop.

(15) We also agree that if we act contrary to these our promises, or fail to give the archbishop security, we shall thereby be deposed and we shall lose the kingdom to which we have been elected, and in that case we will renounce all claims upon the realm which we acquired by the election. And the electors shall proceed to elect another king, if the archbishop thinks it best.

(16) We will not demand the coronation, or consecration, or installation, in Aachen from the archbishop, nor in any way trouble him about it until we have given him full security that we will do all that we have promised.

(17) We likewise cancel the debt which the archbishop owes us on account of the tolls at Andernach, which he had pawned to us.

(18) We further promise to call before our court the trial which is pending between the archbishop and the count of Nassau for the recovery of losses and damages, and we will decide it according to the desire of the archbishop.

(19) We also promise to seek the favor and friendship of Otto "with the arrow," the margrave of Brandenburg, for the archbishop and the church of Cologne, as well as the favor of count Otto of Everstein.

(20) If the children of the late William, brother of Walram, who is now count of Jülich, bring suit or make war on the present count, Walram, for the possession of the county and other possessions, we will assist count Walram. And we will aid him against the duke of Brabant, the count of Flanders, and others who may make war on him.

(21) We will give the said count Walram the town of Düren as long as we live.

(22) The office of _Schultheiss_ of Aachen, with all the rights of that office, we will give to whomsoever the archbishop may choose.

(23) Rudolf, king of the Romans, was in debt to the father of the said count, Walram, and had given him his note. In regard to this debt we will consult our friends and the archbishop, and we will do what is right and in some way satisfy the count.

(24) We also promise that so long as we live we will be favorable and friendly to the archbishop and the church of Cologne, and we will aid them against their enemies, and, without the consent of the archbishop and his successors, we will never take the counts of Monte and Marka, or the duke of Brabant, or other enemies of the church of Cologne into our counsel and confidence.

(25) In testimony of this we have affixed our seal to this writing.

(26) We, John, lord of Limburg; Ulric, lord of Hagenau; Godfrey of Merenberg, and John of Rheinberg, at the command of count Adolf, have sworn and promised that we will compel the said count Adolf to fulfil each and all of these promises without treachery and fraud. And we have affixed our seals to this document.

(27) Besides we, Adolf, promise under threat of the aforesaid punishments, that we will not enfeoff anyone with the duchies of Austria and Limburg, which have reverted to the crown, nor will we make any disposition of them without the express and written consent and permission of the archbishop.

154. The Archbishop of Mainz is Confirmed as Archchancellor of Germany, 1298.

De Guden, Codex Diplom., I, pp. 904 f; Altmann und Bernheim, no. 18.

The archbishop of Mainz had long been the archchancellor of Germany, but nearly all the duties of the office were performed by others. Although his office had become a sinecure, he wished to retain it, because of the dignity which the title gave him, as well as the income of it. The archbishop of Mainz had been a determined opponent of the Hapsburg party in 1292, and again in 1298, when Adolf was deposed, he was not at first favorable to the candidacy of Albert. He may have feared that Albert, in a spirit of revenge, would attempt to deprive him of his office, or at least of some of its perquisites.

Albert, by the grace of God, king, etc. We remember with gratitude how ably and faithfully Gerhard, the venerable archbishop of Mainz, labored to elect us king and supported us after we were elected. For this we surely ought not only to protect him and his church in their liberties, rights, and prerogatives, but also to show him still greater kindness and favors. We therefore declare that the aforesaid archbishop and all his successors in the archbishopric are and ought to be archchancellors of the holy empire in Germany. And we faithfully promise and bind ourselves by this document to maintain, defend, and protect the said archbishop and his successors in the rights, honors, dignities, and liberties which belong to them because of their office as archchancellor. That is, they shall always receive a tenth of all the money which we collect from the Jews, and they shall always appoint the chancellor to take their place [and do the work of their office], and they shall have all the profits accruing from this office, whether the said archbishops are actually present at our court or not.

155. Declaration of the Election of Henry VII, 1308.

M. G. LL. folio, II, p. 491; Altmann und Bernheim, no. 19.

This document shows the last step in the election of a German king. After all the electors had discussed the candidates and expressed their choice, the count palatine of the Rhine may be said to have cast the vote of the whole body of electors for the candidate upon whom they had agreed.

In the name of the Father, Son, and Holy Spirit, amen. The kingdom and the empire of the Romans having become vacant by the death of Albert, king of the Romans, of blessed memory, notices were sent to all who have the right to vote in the election of a new king of the Romans, and on the day set all those who have any part in it were present and agreed to proceed to the election. And after each of the electors had declared his choice it appeared that all had given their votes for Henry, count of Luxemburg, agreeing upon him and naming him as king-elect, because they were confident from what they knew of his merits and his fidelity that he would defend and foster the holy Roman and universal church in her spiritual and temporal interests and would govern wisely the empire with the aid of God. Now, therefore, I, Rudolf, count palatine of the Rhine, for myself and my coelectors, by the authority which they have specially conceded to me do elect this Henry, count of Luxemburg, king of the Romans, advocate of the holy Roman and universal church, and defender of widows and orphans, and I invoke upon him the grace of the Holy Spirit.

156. The Supplying of the Office of the Archchancellor of Italy, 1310.

Lacomblet, Urkundenbuch für die Geschichte des Niederrheins, III, p. 70; Altmann und Bernheim, no. 20.

The archbishop of Cologne as archchancellor of Italy wished to enjoy the honors and revenues of his office, but the work connected with it was done by some one else. For some reason he did not wish to go into Italy with the king. So Henry VII confirmed him in his rights, and excused him from accompanying him.

Henry, by the grace of God king of the Romans, Augustus, to all present and future subjects of the holy Roman empire, grace and every good thing.... Henry, venerable archbishop of Cologne, archchancellor of the empire for Italy and our very dear prince, has excused himself from accompanying us across the Alps, whither, God willing, we are shortly going, because he is so occupied with our affairs here and with the interests of the empire and of his own church. Therefore, at his request, we have appointed a suitable person to accompany us in his place, and to exercise the office of chancellor in Italy for him, guarding the seals and performing such other duties as the office may require. We have also granted to the archbishop as a special grace, because of his conspicuous merits, that the honor, authority, and profits of the office shall belong entirely to him and to his church of Cologne. He whom we have put in charge of the office shall perform the duties of the chancellor in Italy in the place of the archbishop, and all persons shall obey him in all matters regarding the rights and revenues belonging to the archbishop of Cologne and shall appear before him at the accustomed place and time.

157. The Law "Licet Juris" of the Diet of Frankfort, August 8, 1338.

Altmann und Bernheim, no. 27.

John XXII had declared, in his struggle with Ludwig the Bavarian, that he had the right to confer the imperial crown, and to administer the empire during a vacancy. His broad claims offended the German people and led to a spirited but brief exhibition of national sentiment. The electors met at Rense, 1338, and emphatically declared that the imperial crown was not in any way dependent on the will of the pope, but that he whom they elected king of Germany was thereby made emperor without any action on the part of the pope. A few days later a diet was held at Frankfort, and the decision of the electors at Rense was enacted as a law. But it must be said that the electors themselves nullified it by appealing to the pope for aid when they deposed Ludwig and elected Charles IV (1346-7).

Both the canon and the civil law declare plainly that the dignity and authority of the emperor came of old directly from the Son of God, that God has appointed the emperors and kings of the world to give laws to the human race, and that the emperor obtains his office solely through his election by those who have the right to vote in imperial elections [the electors], without the confirmation and approval of anyone else. For in secular affairs he has no superior on earth, but rather is the ruler of all nations and peoples. Moreover, our Lord Jesus Christ has said: "Render unto Cæsar the things which are Cæsar's, and unto God the things which are God's." Nevertheless, certain persons, blinded by avarice and ambition, and totally ignorant of the Scriptures, have distorted the meaning of certain passages by false and wicked interpretations, and on this basis have attacked the imperial authority and the rights of the emperors, electors, and other princes and subjects of the empire. For they wrongfully assert that the emperor derives his position and authority from the pope, and that the emperor elect is not the real emperor until his election is confirmed and approved, and he is crowned by the pope. These false and dangerous assertions are clearly the work of the ancient enemy of mankind, attempting to stir up strife and discord, and to bring about confusion and dissensions among men.

In order to prevent this we now declare by the advice and with the consent of the electors and other princes of the empire, that the emperor holds his authority and position from God alone, and that it is the ancient law and custom of the empire that he who is elected emperor or king by the electors of the empire, thereby becomes true king and emperor of the Romans, and should be obeyed by all the subjects of the empire, and has full power to administer the laws of the empire and to perform all the functions of the emperor, without the approval, confirmation, authorization, or consent of the pope or any other person.

Therefore, we decree by this perpetual edict that the emperor elected by the electors or a majority of them is to be regarded and considered by all to be the true and lawful emperor, by reason of the election alone; that he is to be obeyed by all subjects of the empire; and that he has, and all must hold and assert that he has, the complete imperial power of administration and jurisdiction. If anyone contradicts these decrees and decisions or any one of them, or agrees with those who contradict them, or yields obedience to the commands, letters, or instructions of opponents of these decrees, we hereby deprive him and declare him to be deprived, by virtue of his act and of this law, of all fiefs which he holds of the empire, and of all favors, jurisdiction, privileges, and immunities which have been granted to him by us or by our predecessors. Moreover, we declare that he is guilty of offence against the majesty of the emperor, and subject to the penalties incurred by this offence.

158-159. The Diet of Coblenz, 1338.

158. Chronicle of Flanders. (French.)

Böhmer, Fontes rerum Germanicarum, I. pp. 190 f.

The name of the empire was still something to conjure with, although it was little more than a name. Not only had the emperors long since ceased to exercise any authority over the nations of Europe, but they had also become mere figure-heads in Germany and Italy. Ludwig of Bavaria was not only cowardly and ineffectual, but he was also without the means necessary to secure a vigorous forcible government in Germany. Even the thought of his disposing of the French crown, or interfering effectively in the affairs of France, was absurd. These two documents show that the idea of the worldwide empire lived on, and illustrate the way in which otherwise sensible men could make use of it when it suited their purpose. Edward III, who was just beginning the Hundred Years' War, was seeking allies against France. In securing an alliance with the emperor and the appointment as imperial vicar in the Netherlands, his purpose was to acquire the right to call on the nobles of that territory to aid him in his war.

How the emperor, wearing the imperial insignia, held a diet.

The Saturday before the Nativity of our Lady, in September of the year of grace 1338, the electoral princes of Germany came together at Coblenz, and there they held a diet, placing the emperor, Ludwig of Bavaria, upon a throne twelve feet high. The emperor wore a robe of changeable silk, and over it a mantle, and broad fanons on his arms. He wore a stole, crossed on his breast like that of a priest and richly embroidered with his arms; and on his feet he wore shoes made of the same cloth as his robe. On his head he wore a round mitre surmounted by a heavy golden crown; the crown was covered with flowers worked in gold, and in the front was a cross of gold which overtopped the flowers. He wore white silk gloves on his hands and precious rings on his fingers. In his right hand he held a golden globe surmounted by a cross, and in his left a sceptre. At the right of the emperor sat the margrave of the East Mark and of Meissen, to whom the emperor gave the globe to hold. The king of England sat beside the emperor on a lower throne, clad in a scarlet robe, on the breast of which a castle was embroidered. At the left of the emperor sat the margrave of Jülich, to whom the emperor gave the sceptre to hold. Two steps below the emperor sat the electoral princes of the empire. Sire de Kuck, representing the duke of Brabant, stood behind the emperor, about two feet above him, holding a naked sword. And the emperor, seated on the throne and holding a diet, proclaimed to all by the words of his own mouth that he had created the king of England his vicar and lieutenant.

159. Chronicle of Henry Knyghton.

Böhmer, Fontes rerum Germanicarum, I, pp. 191 f.

See introductory note to no. 158.

When the emperor learned of the approach of king Edward, he set out from his place to meet him, and after travelling four days he met him near Coblenz, receiving him there with great honor. Two richly decorated thrones were set up in the market-place, and on these the emperor and the king sat. There were present in attendance four dukes, three archbishops, six bishops, and thirty-seven counts, besides a great number, estimated by the heralds at 17,000, of barons, baronets, knights, and others. The emperor held in his right hand the imperial sceptre, and in his left the golden globe as a symbol of world-wide authority. A certain knight held a drawn sword above his head. And the emperor in the presence of the people gathered there proclaimed to all the crimes, disobedience, and wickedness of the king of France. And after he had declared that the king of France had broken his faith to the emperor, he published a decree of forfeiture against him and his followers. Then the emperor made king Edward his vicar and gave him authority over the land from Cologne to the sea, presenting him with a charter of this in the sight of all the people.

On the next day the emperor and the king of England and their nobles assembled in the cathedral, and the archbishop of Cologne said mass. And after mass the emperor and all his nobles swore to aid the king of England and to maintain his quarrel against the king of France with their lives for seven years, if the war between the said kings should last so long. They also swore that all the nobles in the territory from Cologne to the sea would come at the summons of the king of England to join him in an attack upon the king of France at any place and at any time set by him. If any one of them should fail to obey the king of England in these matters, all the other nobles of northern Germany would attack and destroy him. These affairs having been arranged and settled, the king of England received the grant of authority and returned to Brabant.

160. The Golden Bull of Charles IV, 1356.

Altmann und Bernheim, no. 29.

Various things had led the emperors to follow the policy of conferring crown rights upon their princes. In order to carry out their Italian policy the Hohenstaufen had sacrificed the power of the crown in Germany (see nos. 110-112, 136, 138, 139), and after the interregnum the electors pillaged the crown at every opportunity (see nos. 149, 153). The result was that the crown was stripped of authority, while the princes had developed almost complete sovereignty in their lands. Charles IV, in the Golden Bull, attempted to fix as in a constitution the actual rights and status of the princes. He saw that Germany was no longer a monarchy, but a federation of princes.

Although from 1273 the number of electors was fixed at seven, it was not always clear who these seven were. Thus in 1313 two men claimed to possess the electoral vote of Saxony, and two others, that of Bohemia. Charles IV made provisions to prevent the recurrence of such a situation by attaching the electoral vote to the possession of certain lands (see chaps. VII, XX, and XXV). Charles IV was himself king of Bohemia, and, knowing that it was hopeless to attempt to restore the German kingship, he exerted himself in the Golden Bull to secure for Bohemia all the advantages possible.