Part 20

Our predecessor, Adrian IV, of blessed memory, died September 1, while we were at Anagni, and his body was brought to Rome and honorably buried in the customary manner in St. Peter's Church, on September 4. Nearly all the cardinals were present, and after the burial they began to take steps to elect his successor. After three days of discussion all the cardinals except three elected us, although we are not sufficient for this burden and not worthy of so high an office. The three who opposed our election were Octavian, John of St. Martin's, and Guido of Crema. God is our witness that we are telling the exact truth when we say that all the others unanimously elected us, and the other clergy and the people of Rome assented to it. But two, John and Guido, voted for Octavian and stubbornly insisted on his election. The prior of the cardinal deacons was putting the papal mantle on us in the customary manner, although we were reluctant to receive it because we saw our insufficiency for the high office. When Octavian saw this he was almost beside himself with rage, and with his own hands snatched the mantle from our neck and took it away. This caused a great tumultuous outbreak. Some of the senators were present and saw it, and one of them, inspired by the spirit of God, snatched the mantle from the hands of Octavian, who was now raging. Then Octavian, with angry face and fierce eye, turned to one of his chaplains who had come prepared for this, upbraided him, and ordered him hastily to fetch him the mantle which he had brought with him. The mantle was brought without delay, and while all the cardinals were trying to get out of the room, Octavian removed his hat, bowed his head, and received the mantle from his chaplain and another clergyman. And because there was no one else there, he had to assist them himself to put it on him. But the condemnation of God was seen in the fact that he put the mantle on with the wrong side in front. Those who were present saw it and laughed. And as he was of a crooked mind and intention, so the mantle was put on crooked as an evidence of his condemnation. When this was done, the doors of the church, which had been closed, were opened and bands of armed men with drawn swords entered and made a great noise. But they had been hired by Octavian to do this. And because that pestilential Octavian had no cardinals and bishops he surrounded himself with a band of armed knights....

106. Letter of Victor IV to the German Princes, 1159.

Ragewin, Gesta Frid., IV, ch. 60; M. G. SS. folio, XX; Doeberl, IV, no. 39 b.

See introductory note to no. 105.

Victor, bishop, servant of the servants of God, to his venerable brothers, the patriarchs, archbishops, bishops, and his dear sons, the abbots, dukes, marquises, counts, and other princes, and the imperial family who are connected with the most holy court of Frederick, the most serene and unconquered emperor of the Romans, greeting and apostolic benediction.

We believe that you cannot have forgotten how sincerely we have loved the empire and how we have labored in support of its honor and dignity. And now that we have been elevated to a higher dignity we wish to do even more for you and the empire. We therefore confidently beseech you, for the reverence which you have for St. Peter and for your love to us, to ask the emperor to take immediate steps to come to the aid and protection of the empire, which God has committed to him, and of the church of God, the bride of Christ, of which God has made him advocate and defender. If he does not, there is danger that his malicious enemies may prevail in this great struggle, and the little boat of St. Peter be overwhelmed by winds and storms, and the imperial dignity be humiliated.

We wish to inform you that under the Lord's guidance we have been elected pope. After our predecessor, Adrian IV, of blessed memory, had gone the way of all flesh and been buried in the church of St. Peter, we all came together to elect his successor. After long discussion and mature deliberation, God graciously inspired our brothers, the cardinal bishops, priests, and deacons of the holy Roman church, and the other clergy of Rome, to elect us. The people of Rome asked for our election and the senators and other nobles assented to it. We were canonically elected and then elevated to the throne of St. Peter. And on the first Sunday in October we were consecrated and received the full power of our office.

We humbly beseech you to aid us with your prayers to Him from whom come all power and dignities. Now the former chancellor, Roland, who was bound by oath in a conspiracy against the church of God and the empire in support of William of Sicily, had himself thrust into the papal office twelve days after we were elected. Such a thing had never been heard of before. If he should send you letters, you should refuse to receive them, because they are full of lies and he is a schismatic and a heretic. Pay no attention whatever to his letters.

107. The Account of the Election as Given by Gerhoh of Reichersberg, _ca_. 1160.

Doeberl, IV, no. 39 d.

See introductory note to no. 105.

When Adrian IV died, all the cardinal clergy of the holy Roman church met to elect his successor. A secret ballot was taken and the result announced. It was found that a majority of the cardinals had voted for Roland, the chancellor of Adrian IV. A few had voted for Octavian, and some also for _Magister_ Bernard. Since there could not be three popes, the majority tried to persuade the minority to give up their candidates and make the election of Roland unanimous. Those who had voted for Bernard then deserted him and some of them joined the party of Roland. The others said that they had no preference but would support either Octavian or Roland, provided the election of either were unanimous, and the church should not be divided on account of it. The number of cardinals who supported Octavian, or were willing to support him if elected, was seven. But a much larger number supported Roland. The majority then tried hard to persuade these seven to unite in electing Roland, and won over all but three of them. Two of these, John of Pisa, and Guido of Crema, were very contentious and declared that they would never desert Octavian. So they with the bishop of Tusculum made Octavian pope.

108. The Preliminary Treaty of Anagni between Alexander III and Frederick I, 1176.

Kehr, Vertrag von Anagni. in Neues Archiv, XIII, pp. 109 ff; Doeberl, IV no. 46 a.

The quarrel between the pope and emperor increased in bitterness. At the same time the Italian cities rebelled against Frederick and joined the pope. The Lombard league was formed and at Legnano, 1176, the emperor was utterly defeated. He then sent ambassadors to the pope at Anagni to discuss the terms of a treaty of peace. They agreed on the following articles which were afterward incorporated in the peace of Venice, 1177. The final treaty was made in 1183 and is called the treaty of Constance (see no. 109).

1. The emperor and the empress, and their son, king Henry, and all the princes promise to accept pope Alexander III as the catholic and universal pope, and to show him such reverence as their predecessors were wont to show to his predecessors.

2. The emperor promises to keep peace faithfully with pope Alexander and his successors and with the whole Roman church.

3. All the regalia and other possessions of St. Peter as held by the Roman church in the time of pope Innocent II, which have been seized by the emperor or his allies, shall be restored to pope Alexander and to the Roman church, and the emperor engages to aid the church in retaining possession of them.

4. The emperor restores to the pope and to the Roman church the control of the office of prefect of the city of Rome; the pope shall see to it that justice shall be done the emperor when he has occasion to seek his rights in the city.

5. All vassals of the church won over by the emperor to his side during the late quarrel, shall be released from their allegiance to him and restored to the pope and to the Roman church.

6. The emperor will restore to the pope and to the church the lands of the countess Matilda as they were held by the church in the time of the emperor Lothar and king Conrad and the present emperor Frederick.

7. The pope and the emperor will mutually aid one another in maintaining the honor and the rights of the empire and the church.

8. Everything unjustly taken from the churches by the emperor or his followers during the schism shall be restored to them.

9. The emperor will make peace with the Lombards on the terms to be agreed upon by representatives appointed for this purpose by the emperor and the pope and the Lombards. In case any difficulty arises in the course of these negotiations which the representatives cannot settle, it shall be decided by the majority of the special commissioners to be appointed for this purpose by the emperor and the pope in equal numbers.

10. The emperor will make peace with the king of Sicily and with the emperor of Constantinople and with all the allies of the pope, and he will not take revenge for any wrongs which they may have committed in assisting the Roman church.

11-22. Articles referring to individuals and lesser details.

23. Pope Alexander and the cardinals on their part make peace with the emperor and the empress and their son, king Henry, and all their party. This, however, shall not prejudice those rights of controlling and judging ecclesiastical persons which are herein surrendered to the pope and to the Roman church, nor the rights of the Roman church over the lands of St. Peter now withheld by other persons, nor the special exceptions made in this document in favor of the pope and the Roman church, on one side, and the emperor and the empire, on the other.

24. The pope and the cardinals will take their oath to keep this peace, the oath to be drawn up in writing and signed by the cardinals.

25. The pope shall immediately call together as large a council as possible, and with the cardinal bishops and other clergy who may be present, shall excommunicate all who break this peace. Afterward he shall do the same in a general council.

26. Many of the nobles of Rome and the great vassals of Campania shall also take oath to keep this peace.

27. The emperor and the princes of the empire will also take their oaths to keep this peace, the oath to be drawn up in writing and signed by the emperor and the princes.

28. If the pope should die first, the emperor and his son, king Henry, and the princes shall observe these terms of peace with his successors and all the cardinals and the whole Roman church, and with the Lombards and the king of Sicily and all the allies of the church. If the emperor should die first, the pope and the cardinals and the Roman church shall observe these terms with the empress Beatrice, and her son, king Henry, and with all the German people and their allies, as written above.

29. In the meantime the emperor shall not attack the land of St. Peter, whether held by the pope in person or by the king of Sicily or other vassals of the pope.

30. If the negotiations for peace are broken off by either side before they are completed, which God forbid, truce shall be kept for three months after the notification of withdrawal.

109. The Peace of Constance, January 25, 1183.

Muratori, IV, pp. 307 ff; M. G. LL. folio, II, pp. 175 ff; Doeberl, IV, no. 51 c.

See introductory note to no. 108.

In the name of the holy and undivided Trinity. Frederick, by divine mercy emperor of the Romans, Augustus, and Henry VI, his son, king of the Romans, Augustus....

1. We, Frederick, emperor of the Romans, and our son Henry, king of the Romans, hereby grant to you, the cities, territories, and persons of the league, the regalia and other rights within and without the cities, as you have been accustomed to hold them; that is each member of the league shall have the same rights as the city of Verona has had in the past or has now.

2. The members of the league shall exercise freely and without interference from us all the rights which they have exercised of old.

3. These are the rights which are guaranteed to you: the _fodrum_, forests, pastures, bridges, streams, mills, fortifications of the cities, criminal and civil jurisdiction, and all other rights which concern the welfare of the city.

4. The regalia which are not to be granted to the members of the league shall be determined in the following manner: in the case of each city, certain men shall be chosen for this purpose from both the bishopric and the city; these men shall be of good repute, capable of deciding these questions, and such as are not prejudiced against either party. Acting with the bishop of the diocese, they shall swear to inquire into the questions of the regalia and to set aside those that by right belong to us. If, however, the cities do not wish to submit to this inquisition, they shall pay to us an annual tribute of 2000 marks in silver as compensation for our regalia. If this sum seems excessive, it may be reduced.

5. If anyone appeals to us in regard to matters which are by this treaty admitted to be under your jurisdiction, we agree not to hear such an appeal.

6. The bishops, churches, cities, and other persons, clerical and lay, shall retain possession of the property or rights which have been granted to them before this war by us or by our predecessors, the above concessions excepted. The accustomed dues for such holdings shall be paid to us, but not the tax.

7. Such possessions as we have granted to members of the league, inside or outside of cities, shall not be included among those regalia for which taxes are to be paid to us.

8. All privileges, gifts, and concessions made in the time of the war by us or our representatives to the prejudice or injury of the cities, territories, or members of the league are to be null and void.

9. Consuls of cities where the bishop holds the position of count from the king or emperor shall receive their office from the bishop, if this has been the custom before. In all other cities the consuls shall receive their office from us, in the following manner: after they have been elected by the city they shall be invested with office by our representative in the city or bishopric, unless we are ourselves in Lombardy, in which case they shall be invested by us. At the end of every five years each city shall send its representative to us to receive the investiture.

10. This arrangement shall be observed by our successor, and all such investitures shall be free.

11. After our death, the cities shall receive investiture in the same way from our son and from his successors.

12. The emperor shall have the right of hearing appeals in cases involving more than 25 pounds, saving the right of the church of Brescia to hear appeals. The appellant shall not, however, be compelled to come to Germany, but he shall appeal to the representative of the emperor in the city or bishopric. This representative shall examine the case fairly and shall give judgment according to the laws and customs of that city. The decision shall be given within two months from the time of appeal, unless the case has been deferred by reason of some legal hindrance or by the consent of both parties.

13. The consuls of cities shall take the oath of allegiance to the emperor before they are invested with office.

14. Our vassals shall receive investiture from us and shall take the vassal's oath of fidelity. All other persons between the ages of 15 and 70 shall take the ordinary oath of fidelity to the emperor unless there be some good reason why this oath should be remitted.

15. Vassals who have failed to receive investiture from us or to render the services due for their fiefs, during the war or the truce, shall not on this account lose their fiefs.

16. Lands held by _libelli_ and _precariæ_ shall be held according to the customs of each city, the feudal law of Frederick I to the contrary notwithstanding.

17. All injuries, losses, and damages which we or our followers have sustained from the league or any of its members or allies are hereby pardoned, and all such transgressors are hereby received back into our favor.

18. We will not remain longer than is necessary in any city or bishopric.

19. It shall be permitted to the cities to erect fortifications within or without their boundaries.

20. It shall be permitted to the league to maintain its organization as it now is or to renew it as often as it desires.

110. The Formation of the Duchy of Austria, 1156.

Wattenbach, Die ost. Freiheitsbriefe; Doeberl, IV, no. 31 a.

The nobles of Germany early showed the desire to free themselves from the control of the emperor and to acquire independence at the expense of the crown. The document by which Frederick I created the duchy of Austria out of the Bavarian east mark and gave it to his uncle, Henry, contains some concessions which tended to weaken the crown. Instead of binding the new duke closely to the crown and compelling him to render services commensurate with his high position, the emperor excused him from attending diets which were not held near his lands, and from military service except in the lands which adjoined his. He also gave the duke the complete administration of justice in his territory. Other princes were not slow to demand similar privileges, and the crown was gradually stripped of its powers and prerogatives. See nos. 136, 139, 153, 160. The duchy of Austria, created by this grant, came into the possession of the Hapsburg family, and formed the centre of the Hapsburg lands, the present Austro-Hungarian empire. See no. 150.

In the name of the holy and undivided Trinity. Frederick, by divine mercy emperor of the Romans, Augustus. ... Know all our faithful subjects, present and future, that with the aid of him who sent peace on earth, we have been able to settle the long quarrel between our beloved uncle Henry, duke of Austria, and our beloved nephew, Henry, duke of Saxony, over the possession of the duchy of Bavaria. This was accomplished at the diet of Regensburg on the day of the Nativity of the blessed Virgin Mary in the presence of many pious catholic princes. This is the way in which the settlement was reached: The duke of Austria resigned the duchy of Bavaria into our hands, and we immediately granted it in fief to the duke of Saxony. Then the duke of Bavaria [Henry of Saxony] surrendered to us the mark of Austria with all its rights and all the fiefs which the former margrave Luitpold held of the duchy of Bavaria, and we have made the mark of Austria a duchy with the consent of the princes, Wadislaus, duke of Bohemia, putting the motion and the other princes agreeing to it. This was done in order that our beloved uncle should not lose in rank by the transfer. We have now granted the duchy of Austria in fief to our uncle Henry and to his wife Theodora, decreeing by this perpetual edict that (1) they and their children after them, whether sons or daughters, shall hold and possess it by hereditary right. If our uncle and his wife should die without children, they may leave the duchy by will to whomsoever they desire. (2) We decree also that no person, great or small, shall presume to exercise any of the rights of justice within the duchy, without the consent and permission of the duke. (3) The duke of Austria does not owe any services to the empire, except to attend, when summoned, such diets as may be held in Bavaria. (4) He is not bound to join the emperor on any campaign except such as may be directed against parts of the kingdom neighboring to Austria.

111. The Bishop of Würzburg is made a Duke, 1168.

Bresslau, Diplomata Centum, no. 72; Doeberl, IV, no. 44.

The old duchy of Franconia disappeared with Conrad II (1024-39). The Staufer, who inherited the family lands of Conrad II, called themselves dukes of Rothenburg, and not of Franconia. A large part of the original duchy went to make up the bishoprics of Mainz, Bamberg, and Würzburg. In time the bishops of Würzburg put forth the claim that they had received the ducal office in Franconia. In a diet at Würzburg, 1168, Herold, the ambitious bishop of Würzburg, presented some forged documents to Frederick I to prove that the bishops of Würzburg were also dukes and had ducal authority in the duchy of Würzburg, which was identical with the bishopric. Frederick was deceived by these forgeries and confirmed the bishop in his usurped title and authority. The bishops of Würzburg now received the highest jurisdiction over their territory.