Part 19

3. Concerning elections. The clergy shall elect a suitable person, keeping his name secret until they have notified you. The name shall then be reported to us, and we will give our consent to the election, unless the person is one of our enemies or a traitor, or for some other good reason is displeasing to us.

4. You shall confer upon us and upon our son Roger, and our heirs, the kingdom of Sicily, the duchy of Apulia, and the principality of Capua, with all the lands which belong to them as follows: Naples, Salerno, and Amalfi, with their dependencies; Marsia and all that we hold beyond Marsia; and all the other possessions which we now hold, or which have been held by our predecessors. You promise, moreover, to aid us in good faith to hold them against all men.

5. In consideration of these concessions, we have taken the oath of fidelity to you and to your successors and to the Roman church, and the oath of liege homage to you. Two copies of this oath have been made, one of which has been signed and sealed by us and given into your keeping, and the other sealed by you and given to us. We agree also to pay an annual tribute of 600 "schifates" for Apulia and Calabria, and 500 from Marsia.... You agree to grant all these things also to our heirs and successors, on condition that they do homage to you and your successors, and keep the promises which we have made to you....

100-102. The Besançon Episode, 1157.

100. Letter of Adrian IV To Frederick, September 20, 1157.

Ragewin, Gesta Friderici, III, ch. 9; M. G. SS. folio, XX; Doeberl, IV, no. 35a.

Frederick I had been deeply offended by the treaty which Adrian IV made with William of Sicily (no. 99), because it had been made without his consent, and without in any way considering the claims which the emperor laid to Sicily. In making the treaty of Constance (no. 97) Frederick had undoubtedly been outwitted by the papal diplomacy. He had been led to promise not to make peace with the Normans without the consent of the pope. He apparently took it for granted that the pope was bound in the same way not to make peace with the Normans without the imperial consent, although it was not stipulated in the agreement. While Frederick had promised certain definite things, the pope's promise was couched in general terms. He had promised to "aid the king in maintaining and increasing the honor of his realm as his office demands. If anyone attacks the honor or the authority of the king, the pope will warn him to make satisfaction," etc. The pope denied that William of Sicily was "attacking the honor or authority of the king" because the lands which William held did not belong to Frederick; they were the property of the pope himself, and therefore he might make terms with William without consulting Frederick. Frederick complained that the pope had acted in bad faith in making peace with William, and that he had broken the treaty of Constance. The pope, however, maintained that he had in no way infringed the treaty, and that Frederick had no grounds for complaint. This is the general background for the Besançon episode, the chief features of which will be clear from the following documents.

Adrian, bishop, servant of the servants of God, to his beloved son Frederick, illustrious emperor of the Romans, greeting and apostolic benediction. We wrote to you a few days ago recalling to your mind that execrable crime which was recently committed in Germany and expressing our grief that you had allowed it to go unpunished. For our venerable brother, Eskil, archbishop of Lund, on his return from the apostolic seat, was seized and made captive in your land by certain impious and wicked persons, who even threatened him and his companions with drawn swords and subjected them to dishonor and indignity.

Not only are these facts well known to you, but the report of them has spread to the most distant regions. It was your duty to avenge this wicked deed and to draw against its perpetrators the sword intrusted to you by God for the punishing of evil-doers and the protection of good men. But it is reported that you have palliated this offence and allowed it to go unpunished, so that those who committed the sacrilege are unrepentant and believe that they have done this with impunity. We are entirely at a loss to understand this negligence of yours, for our conscience does not accuse us of having offended you in any way. Indeed we have always regarded you as our most beloved son and as a Christian prince established by the grace of God upon the rock of the apostolic confession. We have loved you with sincere affection and have always treated you with the greatest kindness. You should remember, most glorious son, how graciously your mother, the holy Roman church, received you last year, how kindly she treated you, and how gladly she conferred upon you the imperial crown, the highest mark of dignity and honor; how she has always fostered you on her kindly bosom, and has always striven to do only what would be pleasing and advantageous to you. We do not regret having granted the desires of your heart; nay, we would be glad to confer even greater benefits (_beneficia_) upon you, if that were possible, because of the advantage and profit that you would be able to confer upon the church of God and upon us. But the fact that you have allowed this terrible deed, which is an offence against the church and the empire, to go unpunished has made us fear that you have been led by evil counsellors to imagine that you have some grievance against your mother, the holy Roman church, and against us. In regard to this matter and other important affairs, we have sent you these legates, two of the best and dearest of those about us, namely, our beloved sons, Bernard, cardinal priest of Santa Clara, and Roland, chancellor and cardinal priest of San Marco, men conspicuous for their piety, wisdom, and honesty. We beseech you to receive them honorably and kindly, to treat them justly, and to give full credence to the proposals which they make, as if we were speaking in person.

101. Manifesto of the Emperor, October, 1157.

Ragewin, Gesta Friderici, III, ch. 11; M. G. SS. folio, xx; Doeberl, IV, no. 35 b.

God, from whom proceeds all authority in heaven and in earth, has intrusted the kingdom and the empire to us, his anointed, and has ordained that the peace of the church be preserved by the imperial arms. Therefore it is with great sorrow that we are forced to complain to you of the head of the church which Christ intended should reflect his character of charity and love of peace. For the actions of the pope threaten to produce such evils and dissensions as will corrupt the whole church and destroy its unity, and bring about strife between the empire and the papacy, unless God should intervene. These are the circumstances: We held a diet at Besançon for the purpose of considering certain matters which concerned the honor of the empire and the security of the church. At that diet legates of the pope arrived, saying that they came on a mission that would redound greatly to the honor and advantage of the empire. We gave them an honorable reception on the first day of their arrival, and on the second day, as is the custom, we called together all the princes to listen to their message.... Then they delivered their message in the form of a letter from the pope, of which the general tenor was as follows: the pope had conferred the imperial crown upon us and was willing to grant us even greater fiefs (_beneficia_). This was the message of fraternal love which was to further the union of the church and the empire, and bind them together in the bonds of peace, and to inspire the hearts of its hearers with love and fidelity for both rulers! Not only were we, as emperor, incensed by this false and lying statement, but all the princes who were present were so enraged that they would undoubtedly have condemned the two priests to death off-hand had they not been restrained by our presence. Moreover, we found in their possession many copies of that letter, and blank forms sealed by the pope to be filled out at their discretion, with which they were intending to spread this venom throughout the churches of Germany, as is their custom from of old, and to denude the altars, rob the houses of God, and despoil the crosses. Therefore, in order to prevent their further progress, we compelled them to return to Rome by the way they had come. We hold this kingdom and empire through the election of the princes from God alone, who by the passion of his Son placed this world under the rule of two swords; moreover, the apostle Peter says: "Fear God, honor the king" [1 Pet. 2:17]. Therefore, whoever says that we hold the imperial crown as a benefice from the pope resists the divine institution, contradicts the teaching of Peter, and is a liar....

102. Letter of Adrian IV to the Emperor, February, 1158.

Ragewin, Gesta Friderici, III, chs. 22, 23; M. G. SS. folio, xx; Doeberl, IV, no. 35 e.

Ever since we were called by the will of God to the government of the universal church, we have tried to honor you in every way, in order that your love and reverence for the apostolic seat might daily increase. Therefore we were greatly astonished to learn that you were incensed at us and that you had treated with such scant respect the legates ... whom we had sent to you for the purpose of learning your wishes. We are informed that you were enraged because we used the word _beneficium_, at which surely the mind of so great a person as yourself should not have been disturbed. For although with some that word has come to have a meaning different from its original sense, yet it ought to be taken in the sense in which we have used it and which it has had from the beginning. For _beneficium_ comes from _bonum_ and _factum_, and we used it to mean not a _feudum_ (fief), but a "good deed," in which sense it is used throughout the holy Scriptures; as when we are said to be guided and nourished by the _beneficium_ of God, which means not the "fief," but the kindness of God. You surely admit that in placing the imperial crown upon your head we performed an act that would be regarded by all men as a "good deed." Moreover, if you misunderstood the phrase "we conferred the imperial crown upon you," and distorted it from its ordinary meaning, it could only be because you wished to misunderstand it or because you accepted the interpretation of persons who wished to disturb the peace existing between the church and the empire. For we meant by the words "we conferred" no more than "we placed," as we said above. In ordering the recall of the ecclesiastics whom we sent to make a visitation of the churches in Germany according to the right of the Roman church, you must surely recognize that you acted unwisely, for if you had any grievance you should have informed us, and we would have undertaken to satisfy your honor. Now by the advice of our beloved son Henry, duke of Bavaria and Saxony, we have sent you two legates, our brothers Henry, cardinal priest of San Nereo and Sant Achilleo, and Hyacinth, cardinal deacon of Santa Maria in Cosmedin, both wise and honorable men, and we urge you to receive them honorably and kindly, and to accept the message which they deliver as coming from the sincerity of our heart; so agreeing with them through the mediation of our son the duke, that no discord may remain between you and your holy mother, the Roman church.

103. Definition of Regalia or Crown Rights, Given at the Diet Held on the Roncalian Plain, 1158.

M. G. LL. folio, II, pp. 111 f; Doeberl, IV, no. 37 a.

The rights of the crown were called "regalia." When Frederick I went into Italy (1158) he found that the royal rights had been usurped by the cities and nobles. At the diet which he held on the Roncalian plain he consulted lawyers who had been trained in the law of Justinian, and asked them what the imperial rights in Italy were. Their decision, which is here given, was largely influenced by their study of the Roman law. The account which Ragewin (IV, 7) gives of this diet is as follows: "Frederick then examined into the matter of the royal jurisdiction and the regalia, which for a long time had been lost to the empire because they had been usurped and the kings had neglected to recover them. The bishops, the nobles, and the cities, since they could find no excuse for retaining these rights, resigned them to the emperor. Milan was the first to surrender them. When the emperor asked what these rights were, the decision was given that they were the right to appoint dukes, marquises, counts, and consuls [in the cities]; to coin money; to levy tolls; to collect the _fodrum_ [a tax in provisions for the support of the emperor and his army when passing through the territory]; to collect customs and harbor dues; to furnish safe-conducts; to control mills, fish-ponds, bridges, and all the water-ways, and to demand an annual tax not only from the land, but also from each person."

These are the regalian rights or rights of the crown: Arimanniæ,{72} public roads, navigable rivers and those which unite to form navigable rivers, harbors, and the banks of rivers; tolls, coinage, profits from fines and penalties; ownerless and confiscated lands, and the property of those who have contracted incestuous marriages or have been outlawed for crimes mentioned in the Novellæ of Justinian; rights of conveyance on direct routes and cross-roads{73} (angariæ and parangariæ), and the prestation of ships;{74} the special taxes for the royal expedition; the appointment of officials for the administration of justice; mines; royal palaces in the customary cities; the profits of fisheries and salt-works; the property of those who are guilty of offence against the majesty of the emperor; half the treasure discovered in places belonging to the emperor or dedicated to religious purposes, and all of it if the finder was aided by the emperor.

{72} Arimanniæ: Taxes paid by those who held certain lands or estates which had once been held by the _arimanni_, or free Lombards.

{73} When the emperor travelled he had the right to demand conveyances of various kinds from the people of the territory through which he was passing. Angariæ were conveyances for the "direct roads"; parangariæ, conveyances for the "cross-roads." By "direct roads" are meant the chief roads; in Italy, those which led directly to Rome, and along which the emperor must pass when going to Rome. The "cross-roads" were the less important roads, which ran at right angles to the direct roads.

{74} In the same way the emperor had the right to demand ships for the transport of himself and his men.

104. Grounds for the Quarrel between Adrian IV and Frederick I. Letter of Eberhard, Bishop of Bamberg, to Eberhard, Archbishop of Salzburg, 1159.

Ragewin, Gesta Frid., IV, c. 34; M. G. SS. folio, XX; Doeberl, IV, no. 38.

Although the stirrup episode and the Besançon episode were ended without a rupture between Frederick and Adrian, the fundamental question between them was not yet settled. Frederick continued to act in accordance with his ideas of what his office demanded, thus giving deep offence to the pope. The various matters in which the pope felt that Frederick had offended are set forth in this letter. They involve the deeper question of supremacy. The relations between the pope and emperor were becoming more and more strained. Although Frederick had previously refused to consider the propositions of the commune of Rome, he now received their ambassadors courteously. The people of the city wished to obtain his recognition of their government. Since the pope was obdurate Frederick threatened to make common cause with the rebellious city, hoping, no doubt, that Adrian would thereby be compelled to sue to him for terms.

To his reverend father and lord, Eberhard, archbishop of Salzburg, Eberhard, by the grace of God bishop of Bamberg.

... That perilous time seems near at hand when strife shall arise between the king and the pope. The cardinals Octavianus and William, former archdeacon of Pavia, were sent by pope Adrian to the emperor with a message which began with a conciliatory introduction but which contained most vexatious matter. For instance, they said: the emperor must not send ambassadors to the city of Rome without the consent of the pope, as all the magisterial power in Rome and all the regalian rights there belong to St. Peter; the _fodrum_ must not be collected from the papal estates except at the time of the imperial coronation; Italian bishops should take only the oath of fidelity to the emperor and not the oath of homage [see no. 214]; bishops shall not be required to entertain the ambassadors of the emperor in their palaces; the following possessions, belonging of right to the Roman church, must be restored: Tivoli, Ferrara, Massa, Fiscaglia, all the lands of the countess Matilda, all the land from Aquapendente to Rome, the duchy of Spoleto, and the islands of Sardinia and Corsica. The emperor was willing to do justice in these matters if the pope would give him justice in return [that is, the emperor was willing to submit each matter to trial and abide by the decision, if the pope would do the same], but the cardinals were only empowered to receive justice and not to give it, for they said that they could not bind the pope. The emperor on his part then made the following complaints: that the treaty of Constance had not been kept by the pope in the matter of his promise not to make peace with the Greeks, the Sicilians, or the Roman people without the consent of both parties [see no. 97]; that cardinals were sent through Germany without the emperor's consent, and that they entered the palaces of bishops who possessed regalian rights from the emperor; that the pope heard unjust appeals; and many similar matters. The emperor agreed that the pope should be notified of these demands by the aforesaid cardinals, but the pope refused to send other cardinals empowered to treat of these things, as the emperor had requested. In the meantime ambassadors came from the Roman people to make a treaty of peace with the emperor, and were favorably received and dismissed with honor. The emperor is about to send ambassadors both to the pope and to the city of Rome; if possible, he will make a treaty of peace with the pope, but if this fails, he will ally himself with the Romans....

105-107. The Disputed Papal Election of 1159.

105. Letter of Alexander III about his Election, 1159.

M. G. SS. folio, XVIII, pp, 28 f; Doeberl, IV, no. 39 a.

When Adrian IV died, 1159, the quarrel between him and the emperor had reached such a pitch of bitterness that he was about to excommunicate Frederick. But there was a party in the college of cardinals which was heartily supporting the emperor against the pope. The members of this German party, as it was called, had opposed the treaty which Adrian had made with William of Sicily (see no. 99) and had sympathized with Frederick in the Besançon episode and in his later contentions with the pope (see nos. 100-102). They believed that the pope was transcending his powers, and usurping authority which belonged to the emperor alone. But this German party, of which Octavian was the head, was hopelessly in the minority. When the cardinals met to elect a successor to Adrian IV, it was not able to secure the unanimous election of its candidate. Two popes were elected, and a schism ensued which lasted for seventeen years. Alexander III was very clever and succeeded in uniting all of Frederick's enemies against him. Under the pope's leadership and by his diplomacy, the Lombard league was formed. It completely defeated the emperor at Legnano, 1176 (see nos. 108-109). We give first a letter of Alexander III, which contains an account of his election. Then Victor's letter follows (no. 106). And finally a brief account of the election by Gerhoh of Reichersberg is given (no. 107).

Alexander, bishop, servant of the servants of God, to his venerable brothers, Syrus, archbishop of Genoa, and his suffragans, greeting and apostolic benediction.

The eternal and unchangeable will of the Creator provided that his holy and immaculate church from its very foundation should be ruled by one pastor and governor, to whom all prelates should be obedient. As members are united to one head, so they should be joined to him in perfect unity and never separate themselves from him. And Christ, who confirmed the faith of his disciples by saying: "Lo, I am with you alway, even unto the end of the world" [Matt. 28:20], will without doubt keep his promise to his church which he put under the control of his apostle [Peter]. And although his church, like the little boat of St. Peter, may sometimes be tossed about by the waves, he will preserve it in safety.

Three false brothers have gone out from us, but they were not of us, and, transforming themselves into angels of light, although they are servants of Satan, they are trying to rend and tear the church, the seamless robe of Christ, which he, in the person of the Psalmist, prayed might be delivered from the lion's mouth, and from the sword and from the power of the dog [Ps. 22:20]. Nevertheless Christ, the founder and head of the church, is carefully guarding her, his only spouse, and he will not permit the little boat of St. Peter to suffer shipwreck, although it may often be tossed about by the waves.