Part 13

In the name of omnipotent God, the Father, Son, and Holy Ghost. We, Otto, by the grace of God emperor and Augustus, together with our glorious son, king Otto, promise and pledge to thee, St. Peter, prince of apostles and keeper of the keys of heaven, and through thee to thy vicar, pope John XII, the following possessions, as his predecessors have held and possessed them up to the present time; namely, (1) the city of Rome with its duchy, and its neighboring villages and territories, highland and lowland, shores and ports; (2) all the cities, towns, fortresses, and villages of Tuscany; that is, Porto, Civita Vecchia, Ceri, Bieda, Marturianum, Sutri, Nepi, Gallese, Orte, Polimartium, Ameria, Todi, Perugia, with its three islands, the larger and the smaller, and Pulvensis, Narni, and Otricoli, with all the territories belonging to the aforesaid cities; (3) the whole exarchate of Ravenna with all the cities, towns, and fortresses which our predecessors the most excellent emperors, Pippin and Karl, conferred on St. Peter and your predecessors by a deed of gift; namely, the city of Ravenna and the district of Emilia, including the following towns: Bobbio, Cesena, Forlimpopoli, Forli, Faenza, Imola, Bologna, Ferrara, Comacle, Adria, and Gabello, with all the territories and islands by land and sea which belong to the aforesaid cities; (4) likewise also the Pentapolis; that is, Rimini, Pesaro, Fano, Sinigaglia, Ancona, Osimo, Humana, Iesi, Forum Sempronii, Montefeltre, Urbino, and the territory of Balneum, Cagli, Lucioli, and Gubbio, with all the territories belonging to the aforesaid cities; (5) likewise the whole Sabine territory as it was granted to St. Peter by our predecessor, emperor Karl, by a deed of gift; (6) likewise in Lombard Tuscany the fortress of Felicitas, and the towns of Orvieto, Bagnorea, Ferento, Viterbo, Orcle, Marca, Toscanella, Soana, Populonia, and Roselle, with all their suburbs and villages and all their territories, towns, and boundaries; (7) and likewise from Luna, with the island of Corsica, to Suriano, thence over the Apennines to Berceto, thence to Parma, thence to Reggio, thence to Mantua and Monselice, together with the provinces of Venetia and Istria and all the duchies of Spoleto and Benevento, and the church of St. Christina which is situated on the Po about four miles from Pavia; (8) and likewise in Campania, Sora, Arce, Aquino, Arpino, Teano, Capua; (9) likewise the patrimonies under your power and sway, such as the patrimonies of Benevento, Naples, and upper and lower Calabria, and also of the island of Sicily, if God shall give it unto our hand; (10) likewise the cities of Gaeta and Fondi with all their belongings; (11) moreover we offer to thee, St. Peter, the apostle, and to thy vicar, pope John and his successors, for the salvation of our own soul and the souls of our son and our parents, the following cities and towns from our own lands; namely, Rieti, San Vittorino [on the Aterno], Furco, Norcia, Balua, Marsi, and besides the city of Teramne. (12) All the aforesaid provinces, cities, towns, fortresses, villages, territories, and patrimonies, we now grant to thee, St. Peter, and through thee to thy vicar, our spiritual father, pope John, and his successors to the end of the world, for the salvation of our own soul and the souls of our son, our parents, and our successors, and for the preservation of the whole Frankish people; and we grant them in such a way that the popes shall possess them in their own right and government and control. (13) Likewise, by this agreement we confirm all the gifts which king Pippin and emperor Karl voluntarily gave to St. Peter, the apostle, and also the rents and payments and taxes which were paid annually to the king of the Lombards from Tuscany and the duchy of Spoleto, as is contained in the aforesaid donation and as was agreed upon between pope Adrian of blessed memory and the emperor Karl, when the same pope surrendered to the emperor his claims on the provinces of Tuscany and Spoleto on condition that the aforesaid taxes should be paid each year to the church of St. Peter, the apostle. But in all this our authority over these provinces and their subjection to us and to our son are not in any way diminished. (14) We therefore confirm your possession of all the things mentioned above in this document; they shall remain in your right and ownership and control, and no one of our successors shall on any pretext take from you any part of the aforesaid provinces, cities, towns, fortresses, villages, dependencies, territories, patrimonies, or taxes, or lessen your authority over them. We will never do so, nor allow others to do so, but we will always defend the church of St. Peter and the popes who rule over that church in their possession of all these things, as far as in us lies, that the popes may be able to keep these things in their control to use, enjoy, and dispose of. (15) In all this there shall be no derogation of our power or of the power of our son and our successors.

55. Leo VIII Grants the Emperor the Right to Choose the Pope and Invest all Bishops, 963.

Cor. Jur. Can., Dist. LXIII, c. xxiii; Migne, 134, cols. 992 ff.

Otto I, after the rebellion of John XII, deposed him and caused a layman to be made pope, who took the title Leo VIII. The new pope then issued a decree, the essence of which is contained in the following document. It shows how determined Otto was to assert his imperial authority and is important as a statement of the imperial theory. Leo VIII is regarded as an anti-pope by the Roman church, because, according to the papal theory, Otto had no power to depose a pope. John XII was the legal pope and there could be no other until he died.

In the synod held at Rome in the Church of the Holy Saviour. Following the example of blessed pope Adrian, who granted to Karl, victorious king of the Franks and Lombards, the dignity of the patriciate and the right to ordain the pope and to invest bishops, we, Leo, bishop, servant of the servants of God, with all the clergy and people of Rome, by our apostolic authority bestow upon lord Otto I, king of the Germans, and upon his successors in the kingdom of Italy forever, the right of choosing the successor of the pope, and of ordaining the pope and the archbishops and bishops, so that they shall receive their investiture and consecration from him, with the exception of those prelates whose investiture and consecration the emperor has conceded to the pope or the archbishops. No one, no matter what his dignity or ecclesiastical rank, shall have the authority to choose the patricius or to ordain the pope or any bishop without the consent of the emperor, and that without bribery; and the emperor shall be by right both king [of Italy] and patricius [of Rome]. But if anyone has been chosen bishop by the clergy and people, he shall not be consecrated unless he has been approved by the aforesaid king and has received his investiture from him....

56. The Pope Confers the Royal Title. A Letter of Pope Sylvester II to Stephen of Hungary, 1000.

Migne, 139, cols. 274 ff.

Previous to this time, it was considered the emperor's right to confer the royal title and to elevate a person to the rank of king. Here, for the first time in the history of the papacy, a pope confers the royal title, thereby intrenching on the imperial prerogative. Otto III, who was then emperor, did not resist this papal infringement of his rights. Later popes were not slow to see the value of this act as a precedent (see nos. 69, 72, 128), and exercised the right to confer titles and dignities as they pleased. This act of Sylvester II is, therefore, an important milestone in the history of the development of the papal prerogatives.

Sylvester, bishop, servant of the servants of God, to Stephen, king of the Hungarians, greeting and apostolic benediction. Your ambassadors, especially our dear brother, Astricus, bishop of Colocza, were received by us with the greater joy and accomplished their mission with the greater ease, because we had been divinely forewarned to expect an embassy from a nation still unknown to us.... Surely, according to the apostle: "It is not of him that willeth nor of him that runneth, but of God that showeth mercy" [Rom. 9:16]; and according to the testimony of Daniel: "He changeth the times and the seasons; he removeth kings and setteth up kings; he revealeth the deep and secret things; he knoweth what is in the darkness" [Dan. 2:21, 22]; for in him is that light which, as John teaches, "lighteth every man that cometh into the world" [John 1:9]. Therefore we first give thanks to God the Father, and to our Lord Jesus Christ, because he has found in our time another David, and has again raised up a man after his own heart to feed his people Israel, that is, the chosen race of the Hungarians. Secondly, we praise you for your piety toward God and for your reverence for this apostolic see, over which, not by our own merits, but by the mercy of God, we now preside. Finally, we commend the liberality you have shown in offering to St. Peter yourself and your people and your kingdom and possessions by the same ambassadors and letters. For by this deed you have clearly demonstrated that you already are what you have asked us to declare you [_i.e._, a king]. But enough of this; it is not necessary to commend him whom God himself has commended and whose deeds openly proclaim to be worthy of all commendation. Now therefore, glorious son, by the authority of omnipotent God and of St. Peter, the prince of apostles, we freely grant, concede, and bestow with our apostolic benediction all that you have sought from us and from the apostolic see; namely, the royal crown and name, the creation of the metropolitanate of Gran, and of the other bishoprics. Moreover, we receive under the protection of the holy church the kingdom which you have surrendered to St. Peter, together with yourself and your people, the Hungarian nation; and we now give it back to you and to your heirs and successors to be held, possessed, ruled, and governed. And your heirs and successors, who shall have been legally elected by the nobles, shall duly offer obedience and reverence to us and to our successors in their own persons or by ambassadors, and shall confess themselves the subjects of the Roman church, who does not hold her subjects as slaves, but receives them all as children. They shall persevere in the catholic faith and the religion of our Lord and Saviour Jesus Christ, and strive always to promote it. And because you have fulfilled the office of the apostles in preaching Christ and propagating his faith, and have tried to do in your realm the work of us and of our clergy, and because you have honored the same prince of apostles above all others, therefore by this privilege we grant you and your successors, who shall have been legally elected and approved by the apostolic see, the right to have the cross borne before you as a sign of apostleship,{68} after you have been crowned with the crown which we send and according to the ceremony which we have committed to your ambassadors. And we likewise give you full power by our apostolic authority to control and manage all the churches of your realm, both present and future, as divine grace may guide you, as representing us and our successors. All these things are contained more fully and explicitly in that general letter which we have sent by our messenger to you and to your nobles and faithful subjects. And we pray that omnipotent God, who called you even from your mother's womb to the kingdom and crown, and who has commanded us to give you the crown which we had prepared for the duke of Poland, may increase continually the fruits of your good works, and sprinkle with the dew of his benediction this young plant of your kingdom, and preserve you and your realm and protect you from all enemies, visible and invisible, and, after the trials of the earthly kingship are past, crown you with an eternal crown in the kingdom of heaven. Given at Rome, March 27, in the thirteenth indiction [the year 1000].

{68} The title "apostolic king of Hungary" is still used by the emperor of the Austro-Hungarian Empire.

57. The Emperor, Henry III, Deposes and Creates Popes, 1048.

Annales Romani; in Watterich, Pontificum Romanorum Vitae, I, pp. 73 ff.

The papacy having again fallen under the control of Roman factions, there were three men claiming to be pope. The emperor regarded it as his duty as well as his right to decide who was the true pope, and came to Italy for that purpose. He not only deposed the three contesting popes and named another, but so long as he lived he controlled the papal elections.

Now when the report of this incredible controversy had reached the ears of Henry, by the grace of God most invincible emperor, he set out for Italy with a great force and an immense army. And when he came to the city called Sutri, he called to him pope Gregory and the clergy of Rome and decreed that a great synod should be held in the holy church of Sutri. And after he had tried the case canonically and justly and had made the rights of the matter plain to the holy and religious bishops according to the canons, he condemned with perpetual anathema John, bishop of Sabina, to whom they had given the name Silvester, John the archpresbyter, whom they called Gregory, and the aforesaid pope Benedict. Then he proceeded to Rome with so great a following that the city could not hold it. Henry, by the grace of God pious and benign king, called together the multitude of the Roman people and the bishops and abbots and the whole Roman clergy in the basilica of St. Peter, and held there a holy and glorious synod; and on the day before Christmas he appointed an excellent, holy, and benign pope, who took the name of Clement. And on Christmas day the aforesaid king was crowned by the holy and benign pope, and the whole city of Rome rejoiced and the holy Roman church was exalted and glorified because so dangerous a schism had at length by the mercy of God been ended. And then the most serene emperor, perceiving the desire of the whole Roman people, as they had expressed it to him, placed on his own head the band with which the Romans from of old had been wont to crown their _patricii_. And the pope and the clergy and the Romans granted him the right to create popes and such bishops as have regalian rights; and it was further agreed that no bishop should be consecrated until he had received his investiture from the hand of the king. And just as pope Adrian had confirmed these things by a charter, so also they, by a charter, gave, confirmed, and put in the power of Henry and his successors the patriciate and the other rights as stated above.{69}

Now after the king had returned to his own realm, pope Clement sat upon the apostolic throne nine months and sixteen days, and then left the terrestrial for the celestial kingdom.

Then the Roman people, assembled together, sent messengers to king Henry with a letter beseeching him, as servants beseech their lord, or children their father, to appoint for them a chaste and benign man of godly life as shepherd of the holy Roman church and of the whole world. Now when Benedict, the former pope, learned of the death of Clement (for he was staying at Tusculum), he succeeded in winning over a part of the Roman people by bribery and again usurped the pontificate. But when the ambassadors of the Romans came to the king, he received them in his palace with great honor and gave them many gifts; then, calling together a great assembly of bishops, abbots, counts, margraves, and other princes, according to the decrees of the holy fathers, he chose a pope who should be pleasing to God and the whole people.

The ambassadors of the Romans returned to Rome, preceding the new pope, Damasus. But the good pope himself changed his route and betook himself to Italy. Now when he had come to the margrave Boniface, who had assisted the aforesaid pope Benedict to seize the papal throne, the margrave addressed him in these cunning words: "I cannot go on to Rome with you, because the Romans have restored the former pope, and he has regained the power which he had formerly, and has made peace with them. Therefore I cannot go to Rome, especially as I am now an old man." When the holy pope heard this, he returned and told all these things to the emperor. When the king heard it, he recognized the shrewdness and cunning of the margrave, and addressed him by letter, as follows: "Since you have restored to the pontificate a pope who was canonically deposed, and have been led by your love of gain to hold our empire in contempt, understand now that, unless you mend your ways, I will come quickly and make you mend against your will, and I will give the Roman people a pope worthy in the sight of God." Then Boniface, seeing that his rebellion would profit him nothing, drove Benedict from the papal throne by his ambassador and went to Rome with pope Damasus. ... And Damasus held the pontificate twenty-three days and then died, and Leo was enthroned in the Roman see by the emperor and his nobles.

{69} Apparently this was a reënactment of the grant of Leo VIII to Otto I, 963. See no. 55.

58. The Pope Becomes the Feudal Lord of Southern Italy and Sicily, 1059. The Oaths of Robert Guiscard to Pope Nicholas II, 1059.

Baronius, Annales, anno 1059, §§ 70 and 71.

Southern Italy and Sicily had been allowed to take care of themselves. The Greek emperor had not been able to retain his hold on them, and the German emperor, while claiming them, had never succeeded in extending his power over them. A handful of adventurous Normans had established themselves on the mainland and had assumed the title of counts. Their ambition grew with their fortune; they desired a higher title than count and wished to increase their possessions. So they turned to the pope and asked him to confer upon them the title of duke, and to give them his blessing in their proposed conquest of Sicily, which was in the hands of the Mohammedans. In granting the request of these Normans, the pope assumed the lordship over southern Italy and Sicily, to which he had no right, and thereby put forth claims which conflicted with those of both emperors. For more than two centuries the possession of southern Italy and Sicily was the ground for a bitter struggle between the popes and the German emperors.

The importance of this event is seen when we consider that the long struggle between the papacy and the empire was about to begin. The pope had little besides his spiritual weapons (excommunication, interdict) with which to oppose the emperor. But in Robert Guiscard he secured a powerful vassal who was to render him great military aid against the emperor.

§ 70. I, Robert, by the grace of God and of St. Peter duke of Apulia and Calabria, and with their aid to be duke of Sicily [that is, when I shall have conquered it], in confirmation of the gift and in recognition of my oath of fidelity, promise that from all the lands which I hold under my own sway, and which I have never conceded that anyone from beyond the mountains{70} [Alps, that is, Germany] holds, I will pay annually for each yoke of oxen 12 denarii of the mint of Pavia to you, my lord, Nicholas, pope, and to all your successors, or to your or their legates. And this payment shall be made at the end of the year on easter day. I bind myself and my heirs and my successors to pay this sum to my lord, Nicholas, pope, and to your successors. So help me God and these holy gospels.

§ 71. I, Robert, by the grace of God and St. Peter duke of Apulia and Calabria, and by the aid of both to be duke of Sicily, from this hour forth will be faithful to the holy Roman church and to you, my lord, Nicholas, pope. I will have no share in any counsel or act intended to deprive you of life or limb, or to capture you by any fraud. Any secret plan which you may reveal to me with the command not to tell it I will not wittingly publish to your hurt. I will always aid with all my might the holy Roman church to acquire the regalia and possessions of St. Peter, and to hold them against all men. I will aid you to hold in security and honor the papal office, the land of St. Peter, and the government. I will not try either to usurp or to seize it, nor will I devastate it without your permission or that of your successors, except only that land which you or your successors may give me. I will earnestly strive to pay at the appointed time the sum agreed on from the land of St. Peter which I may hold. I put all the churches, with their possessions, which are in my lands, under your authority, and I will defend them according to my oath of fidelity to the holy Roman church. And if you or your successors shall die before I do, according as I shall have been advised by the better cardinals, the clergy of Rome, and the laity, I will do all that I can that a pope may be elected and ordained to the honor of St. Peter. All the above written things I will observe with true faithfulness to the holy Roman church and to you. And this oath of fidelity I will observe to those of your successors who may confirm to me the investiture which you have granted me. So help me God and these holy gospels.

{70} Robert here denies that the German emperor has any right to Sicily and southern Italy. He had never held them, and hence they were not a part of his empire.

59. The Papal Election Decree of Nicholas II, 1059.

Scheffer-Boichorst, Die Neuordnung der Papstwahl durch Nicholas II, pp. 14 ff; Docberl, III, no. 4 a.