Part 12

Now on Wednesday the aforesaid pope [Adrian] came to the church of St. Peter the apostle, with all his officials, both ecclesiastical and military, and held a conference with the king and earnestly besought, admonished, and exhorted him by his paternal love to fulfil the promise which his father, Pippin, the former king, and he himself [that is, Karl], along with his brother Karlmann and all the officials of the Franks, had made to St. Peter and to his vicar the holy pope, Stephen II, of blessed memory, when he went to France; that is, to give to St. Peter and to all his vicars certain cities and their territories in the province of Italy to be held forever. And when the king had caused them to read to him that promise which had been made at Kiersy in France, he and his officials ratified all its provisions. And of his own will and gladly the aforesaid Karl, the most excellent and truly Christian king of the Franks, ordered another promise of the gift, an exact copy of the former, to be drawn up by Etherius, his chaplain and notary, in which he granted to St. Peter the same cities and their territories, and promised that they would be handed over to the pope according to the designated boundaries as they were contained in that gift; that is, Corsica, and from Luna to Suriano, thence over the Apennines to Berceto, thence to Parma, thence to Reggio, and thence to Mantua and Monselice; and besides the whole exarchate of Ravenna as it was of old, and the provinces of Venetia and Istria, as well as the duchies of Spoleto and Benevento. And when the grant had been drawn up and signed with his own hand, Karl caused all the bishops, abbots, dukes, and counts to sign it also. And placing it first on the altar of St. Peter, and then within his holy confession, the king of the Franks and his officials gave it thus to St. Peter and to his vicar the holy pope Adrian, promising with a solemn oath that they would observe everything contained in that grant. And this most Christian king of the Franks caused Etherius to draw up a copy of this grant and placed it himself upon the body of St. Peter, under the gospels which are kissed there, that it might be a perpetual testimonial of the gift and an eternal memorial of his name and of the Frankish kingdom. And the king took with him other copies of the same grant that were made by the notary of the holy Roman church.

47. Karl the Great Declares the Pope Has Only Spiritual Duties, 796. Letter of Karl to Leo III.

Jaffé, IV. pp. 354 [ff].

Karl the Great had a keen sense of his authority and position, and resented any action which seemed to him an infringement of his prerogatives. Adrian I had offended him by presuming to approve and publish the acts of the council of Nicæa, 787, without waiting for Karl's authorization. By this letter to the pope, Leo III, Karl made it plain to him that his duties were only spiritual.

Karl, by the grace of God king, of the Franks and Lombards, and patricius of the Romans, to his holiness, pope Leo, greeting.... Just as I entered into an agreement with the most holy father, your predecessor, so also I desire to make with you an inviolable treaty of mutual fidelity and love; that, on the one hand, you shall pray for me and give me the apostolic benediction, and that, on the other, with the aid of God I will ever defend the most holy seat of the holy Roman church. For it is our part to defend the holy church of Christ from the attacks of pagans and infidels from without, and within to enforce the acceptance of the catholic faith. It is your part, most holy father, to aid us in the good fight by raising your hands to God as Moses did [Ex. 17:11], so that by your intercession the Christian people under the leadership of God may always and everywhere have the victory over the enemies of His holy name, and the name of our Lord Jesus Christ may be glorified throughout the world. Abide by the canonical law in all things and obey the precepts of the holy fathers always, that your life may be an example of sanctity to all, and your holy admonitions be observed by the whole world, and that your light may so shine before men that they may see your good works and glorify your father which is in heaven [Matt. 5:16]. May omnipotent God preserve your holiness unharmed through many years for the exalting of his holy church.

48. Karl the Great Exercises Authority in Rome, 800.

Einhard's Annals, M. G. SS. folio, I, p. 188.

The title of patricius of Rome was somewhat vague and it is impossible to say exactly how much actual authority attached to it. But it is evident from Karl's conduct that he regarded himself as responsible for the government of Rome. The passage from Einhard's Annals shows that Karl was the supreme authority in legal matters there. He acted as judge even in the case of the pope. There was no one willing to make a formal charge against Leo, and hence he might have been declared innocent. But he was not willing to receive that sort of acquittal. So of his own accord he took an oath to his innocence.

Anno 800. The day before Karl reached Rome pope Leo came to Nomentum to meet him. Karl received him with great honor and they dined together. The pope preceded Karl to Rome, and the next morning took his stand, with the bishops and all the clergy of the city, on the steps of St. Peter's to receive Karl when he should come. ... Seven days later Karl called a public meeting, in which he made known the reasons why he had come to Rome. He then devoted himself every day to the accomplishment of the things which had called him to the city. Of these he began with the most important as well as the most difficult, namely, the investigation of the crimes with which the pope was charged. As there was no one who was willing to prove the truth of those charges, Leo took the gospels in his hand, and, in the presence of all the people, mounted the pulpit in St. Peter's, and took an oath that he was innocent of the crimes laid to his charge.

49. The Oath of Pope Leo III before Karl the Great, 800.

Jaffé, IV, pp. 378 [ff].

See introductory note to no. 48.

Most beloved brethren, it is well known that evil men rose up against me and wished to do me harm and accused me of grave crimes. And now the most clement and serene king, Karl, has come with his priests and nobles to this city to try the case. Therefore, I, Leo, bishop of the holy Roman church, neither judged nor coerced by anyone, do clear and purge myself from these charges before you in the sight of God, who knows my secret thoughts, and of his holy angels, and of St. Peter, in whose church we now stand. I swear that I neither did these wicked and criminal things of which my enemies accuse me, nor ordered them to be done, and of this God is my witness, in whose presence we now stand and into whose judgment we shall come. And I do this in order to clear myself of these suspicions, and not because it is commanded in the canons, or because I desire to impose this practice as a precedent upon my successors or brothers and fellow-bishops.

50. The Oath of the Romans to Ludwig the Pious and Lothar, 824.

Altmann und Bernheim, no. 35.

The emperor, Ludwig the Pious, intrusted the government of Italy to his oldest son, Lothar. In order to keep control of the papal elections, Lothar compelled the Romans to take the following oath:

I, (name), promise in the name of the omnipotent God and on the four holy gospels and on this cross of our Lord Jesus Christ and on the body of most blessed Peter, prince of the apostles, that from this day I will be faithful to our lords, the emperors, Ludwig [the Pious] and Lothar, all my life, according to my strength and understanding, without any fraud or deceit, in so far as this shall not violate the oath of fidelity which I have sworn to the pope. And I promise that according to my strength and understanding I will not permit a papal election to take place in any way except canonically and legally, and that he who may be elected pope shall not with my consent be consecrated until, in the presence of the emperor's ambassadors and of the people, he takes such an oath as pope Eugene{65} did that he will rule without any change.

{65} Eugene II (824-827) was then pope. The text of the oath which he had sworn to Lothar is not preserved. But we may infer its contents from the expression "that he will rule without any change."

51. The Emperor Admits the Right of the Pope to Confer the Imperial Title. Passages from a Letter of Ludwig II, Emperor, to Basil, Emperor at Constantinople, 871.

Bouquet, VII, pp. 572 [ff].

Although the Greek emperor, Michael, recognized Karl the Great as emperor in the west (see nos. 13-14), some of his successors took a different view of the matter and declared the emperors in the west usurpers. Basil had written to Ludwig II saying that the latter was not emperor and therefore should not assume the title. Ludwig replied with some vigor, advancing various arguments in his own favor. The student should examine this letter to discover (1) the objections which Basil had made, and (2) the arguments by which Ludwig II refuted them.

Among other things, Ludwig said he had a right to the title of emperor:

Because all the patriarchs and all men of every rank, except you alone, have, of their own accord, addressed us as such whenever they have written to us. And besides, our uncles [Charles the Bald and Ludwig the German], glorious kings, willingly call us emperor. And they do so, not out of regard for our age, for they are older than we, but because of the anointing and consecration by which, with God's will, we were advanced to this high office through the laying on of the hands of the pope, and because, at God's command, we have the government of the Roman empire....

We are much surprised that you should say we are laying claim to a title which is new to our family. For that cannot be a new title which was held by our grandfather. And he did not usurp it, as you say he did, but he received it at the command of God, by the decision of the church, and through the anointing and laying on of the hands of the pope....

It is absurd that you should say I have not inherited the imperial name, and that my race is not worthy to have such a dignity. Even my grandfather inherited it from his father. Why is not my race worthy of producing an emperor, since emperors have been chosen from among the Spaniards and Isaurians and Khazars? For surely you cannot say that those nations are more renowned than the Franks either in religion or in courage.... To your statement that we do not rule over even all of France, here is a brief answer: We surely do rule over all France, since we certainly have what they have, with whom we are one in flesh and blood and one spirit through the Lord.

You wonder that we are called emperor of the Romans instead of emperor of the Franks. But you ought to know that if we were not emperor of the Romans we could not be emperor of the Franks. For we have received this name and dignity from the Romans, whose people and city, the mother of all the churches of God, we have received, in accordance with God's will, to govern, to defend, and to exalt, and from her our family received the authority, first, to rule as kings, and, afterward, as emperors. For the rulers of the Franks were first called kings and afterward those who were anointed with holy oil by the popes to this office were called emperors. Karl the Great, our grand-grandfather, having been anointed in this way, because of his great piety, was the first of our race and family to be called emperor and to be the anointed of the Lord. How much greater right have we to the imperial title, therefore, than the many who have been made emperor without any religious ceremony or holy rite being performed by a pope, being elected only by the senate and people of Rome, who had no regard for such holy rites? And some have been made emperor by even less authority, being proclaimed by the army, and others by women, and others in still other ways.

Now, if you blame the Roman bishop for what he did [in crowning Karl the Great], you must also blame Samuel, because, after anointing Saul, he rejected him and anointed David to be king. But it will be easy to answer anyone who shall make even one complaint against the pope [for having anointed Karl the Great as emperor]. If you will search the pages of the Greek annals and see what the bishops of Rome had to endure from their enemies, and yet received no protection from you, and even what they had to endure from you and your people, you will find many things which will prevent you from blaming them. But these external matters were of little importance compared with the efforts of the Greeks to destroy the church by their many heresies. So, very properly, the bishops of Rome deserted the apostate Greeks--for what concord hath Christ with Belial? [2 Cor. 6:15]--and joined a people which clung to God and brought forth the fruits of his kingdom. For "God is no respecter of persons," as the great apostle said, "but in every nation he that feareth him is accepted with him" [Acts 10:34, 35]. Therefore, since this is so, why do you make it a reproach to us who have the imperial crown that we are born of the Franks, when in every nation he that feareth God is accepted with him? Theodosius the elder [379-395] and his sons, Arcadius and Honorius, and Theodosius the younger, son of Arcadius, were Spaniards, and yet we do not find that anyone blamed Theodosius or objected to him because he was a Spaniard, and not a Roman, or tried to prevent his sons from succeeding to the position and honor of their father, as you now try to do, as if the race of the Franks did not belong to that inheritance concerning which the Father speaks to the Son, saying: "Ask of me and I shall give thee the heathen for thine inheritance, and the uttermost parts of the earth for thy possession" [Ps. 2:8]. And in another place: "For them that honor me I will honor" [1 Sam. 2:30]. And there are many other such sayings.

Therefore, my dearest brother, cease to be contentious in this matter and to listen to flatterers. For the race of the Franks has brought forth the most abundant fruits to the Lord, not only in believing quickly, but also in converting others to the faith. But the Lord spoke of you when he said: "The kingdom shall be taken from you and given to a nation bringing forth the fruits thereof" [Matt. 21:43]. For as God was able of stones to raise up children unto Abraham [Matt. 3:9], so from the hardness of the Franks he was able to raise up successors to the Roman emperors. ... And as Christians, through faith in Christ, are the seed of Abraham, and the Jews, through lack of faith, ceased to be sons of Abraham, so also we, through our correct belief, that is, through our orthodoxy, received the government of the Roman empire, and the Greeks, because of their heresy, ceased to be emperors. They deserted not only the city which was the seat of the empire, but even the Roman people, and moved to other parts [that is, Constantinople], and have even lost the Latin tongue.

52. The Pope Enacts that Papal Elections must Take Place in the Presence of the Emperor's Representatives. Enactment of a Roman Synod Held by John IX, 898.

Cor. Jur. Can., Dist. LXIII, c xxviii; M. G. LL. folio, II, parte sec., p. 158.

The election of a pope was often attended with violence on the part of Roman factions, which, under the leadership of various noble families, sought to elect one of their own party. John IX recognized that the emperor was the only one who could prevent these abuses and so enacted that all papal elections should take place in the presence of the emperor's representatives.

Since the holy Roman church, over which in accordance with God's will we preside, on the death of a pope often suffers violence from many persons, because the pope is elected without the knowledge of the emperor, and hence the emperor does not send messengers, as canonical custom and practice require that he should, who may be present and prevent all disturbances during the election, we decree that when a pope is to be elected, the bishops{66} and all the clergy shall come together and the election shall take place in the presence of the senate and people. And the one thus chosen shall be consecrated in the presence of the emperor's messengers.

{66} More than thirty bishops took part in the election of Stephen VI, 896, although there were but seven cardinal bishops. Hence this probably means all the bishops of the whole diocese of Rome, not simply the seven cardinal bishops. It is apparent therefore that in the ninth century the cardinal clergy had not yet secured any special prerogative in the election of a pope. Many think that this enactment was made in 816 instead of 898.

53. The Oath of Otto I to John XII, 961.

M. G. LL. 4to, IV, 1, no. 10.

Although the pope needed the help of the king of the Germans, and was willing to confer upon him the title of emperor, yet he was afraid that Otto might assume too much authority and deprive the papal office of much of its power. He accordingly attempted to secure his position by demanding the following oath of Otto. It will be observed that Otto did not take the oath in person but sent his representative to take it for him. It was, nevertheless, binding on Otto. However, it did not prevent him from afterward deposing John and putting another pope in his place.

I, Otto, king, cause my representative to promise and swear to you, pope John, in my name, by the Father, Son, and Holy Spirit, and by this piece of the life-giving cross and by these relics of the saints, that, if I shall come to Rome with the consent of God, I will exalt the holy Roman church and you, her ruler, to the best of my ability. And you shall never by my wish, advice, consent, or instigation, suffer any loss in life or in limb, or in the honor which you now have or which you shall have obtained from me. I will never make laws or rules in regard to the things which are under your jurisdiction or the jurisdiction of the Romans without your consent. I will restore to you all of the lands of St. Peter that shall have come into my hands; and I will cause the one to whom I shall have committed Italy to rule in my absence{67} to swear to you that he will always aid you according to his ability in defending the lands of St. Peter.

{67} In accordance with imperial theory, Otto, as emperor, would rule over Italy. He agrees to protect the pope "in the things which are under his jurisdiction," but that does not mean that the pope had jurisdiction in all things. The supreme authority is the emperor, to whom the pope, as well as all other bishops and princes of Italy, are subject.

54. Otto I Confirms the Pope in the Possession of his Lands, 962.

M. G. LL. 4to, IV, 1, no. 12; Altmann und Bernheim, no. 36.

In order to secure his possessions, John XII persuaded Otto I to confirm his rights to them. In section 15 Otto reserves his imperial rights, thus furnishing another proof that he was sovereign over the lands which the pope held. By comparing this document with the donations of Pippin and of Karl the Great (nos. 45 and 46), the growth of the papal land claims will be apparent.