Part 22

I, John of Ceccano, swear that from this hour on I will be faithful to St. Peter, the Roman church, and my lord pope Innocent and his successors. I will have no share in any counsel or deed, either by word or act, to deprive them of life or limb or to capture them by fraud. Any plan which they may reveal to me either in person or by messenger or by 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.