Fridericus
Dei et sui
gratia rex Sicilie .
gratia rex Sicilie .
Thomas Carlyle
2
Otto crossed the frontier of the Sicilian kingdom early in
November. Innocent took immediate action, excommuni-
1 Reg. d. N. 193 and 194.
* M. G. H. , Const. II. p. 47.
' Conf cederatio ' of the Archbishop of
Salzburg, 3rd July 1210. "Notum
facimus universis . . . quod nos
occasiono discordie inter dominum
papam et dominum nostrum O. sere-
nissimum Romanorum imperatorem
exorte memoratum dominum nostrum
imperatorem nunquam deseremus; quin
nos in omnibus hiis, que honorem
imperii et sue persone respiciunt, pro-
movendis sibi tanquam legittimo do-
mino no9tro, et in rebus et in persona,
pro viribus nostris assistemus et con-
tempto man da to apostolico, si quod
forte dominus papa daret in contrariumv
ad manutenendum honorem suum et
imperii ipsi domino nostra auxilio
pariterque oonsilio semper aderimus
et bona fide tum contra papam
tum contra quemlibet alium hominem,
nulla impediente occasione, ad con-
servandum honorem suum et imperii
perpetuo ipsum pro posse nostro
iuvabimus. "
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? 228
TEMPORAL AND SPIRITUAL POWERS. [PART n.
eating him and releasing his subjects from their allegiance,1
and he also entered into negotiations with Philip of France
to secure his support. 2 Two months later he called on the
German princes to elect another in Otto's place. 3 A little
later again he stirred up the Italian subjects of the emperor,
calling on the bishops to publish the sentence against Otto,
and to hold no services in any place where he might stay.
He also stated that he would declare him guilty of heresy
if he continued to have divine services celebrated in his
presence. * It is reported that even at this late stage Innocent
made another attempt to come to terms with him. The very
well-informed writer of the ' Ursperg Chronicle ' states that he
heard from the papal agent that Innocent was willing to put
up with all the territorial losses incurred, provided Otto
would keep his hands off Philip of France and the Sicilian
kingdom, but that it was all in vain. 5
1 See Winkelmann, ' Philipp von
Schwaben und Otto IV. von Braun-
schweig,' p. 246 f. We have not the
text of Innocent's order, but he refers
to it in a letter to the Pisans, dated
22nd December 1210. Reg. XTH. 193.
* Boehmer, * Acta Imperii Selocta,'
920. 1st February 1211. Innocent
to Philip of France.
3 L. c. , 921, April 1211. To all the
princes of Germany. In this letter
Innocent mentions that he has ex-
communicated and anathematised Otto
" pro eo, quod benenciorum nostorum
ingratus et promissionem suorum obli-
tus maligno persequitur pritfatum
regem Siciliie orphanum et pupillum,
apostolicse protectioni reliotum, ne-^
quiter invadendo regnum ipsius et
Romano? ecclesise patriminium, contra
sacramenta et scripta sua et contra iura
et monimenta nostra,cum semper parati
fuerimus et ssepe obtulerimus ei iustitise
plenitudinem exhibere coram arbitris
communiter eligendis. "
He also warned the German princes
that should Otto succeed in his designs
" ad eam vos conditionem rediget,
ad quam avus et avunculus eiua
barones Anglise redegerunt; . . . Neo
nobis obiiciatur a quoque, quod toto
conamine procuravimus promotionem
eius ; quia non credebamus eum, quod
subito est effectus, immo qualom ipse
se subito demonstravit. Nam deus, qui
omnia noverat antequam fierent, pro-
moveri fecit Saulem, statura procerum,
in regem, quem ipse ipsius culpa postea
reprobavit et ei pium substituit iuni-
orem, qui regnum optinuit et possedit;
quse res instantis temporis est figura. "
* Boehmer. * Acta Imperii Seleeta,'
922. Innocent HI. to the bishop and
clergy of Cremona, 7th July 1211.
5 Burchardi et Cuonradi Ursper-
gensium Chronicon. Editors Abel and
Weiland, p. 93. " Sane ne tanta tur-
batio fieret in ecclesiis et populo Chris-
tiano, voluit domnus papa sustinere
omne dampnum, quod aibi imperator
in terris ecclesie Romano interiisset
? ? aut inferret. Hanc forman composi-
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? CHAP, n. ] INNOCENT HI. AND THE EMPIRE. 229
Otto began his second campaign in the south of Italy in
the beginning of March, and by October he was about to
cross over to Sicily. Frederick is said to have had ships ready
for flight, when events in Germany changed the whole situa-
tion.
After Otto'8 excommunication a movement against him
had commenced in Germany, led by Siegfried of Mainz, the
Landgraf of Thuringia, and the King of Bohemia. In the
early summer Siegfried published the excommunication of
Otto by the Pope. Ottocar of Bohemia was the first of the
princes openly to rebel against Otto, and to declare himself
in favour of Frederick of Sicily. Innocent was very careful
not to intervene openly in the choice of a successor to Otto,
but he had, in his letter of February 1211 to the German
princes, shown pretty clearly that Frederick would be ac-
ceptable to him. 1 In September a number of German princes
assembled at Nurnberg and elected Frederick " in impera-
torem. " 2 The princes who took part in this election were
obliged to look to the Pope for support, and they asked him
to confirm their election ; they were so far in a minority,
though a very important minority.
Otto, hearing of these movements in Germany, made his
way back instead of crossing to Sicily. He was delayed by
further fruitless negotiations with the Pope and by disturb-
ances in the north of Italy, so he did not get to Frankfort
till the middle of March 1212. 3 On his arrival in Germany
he found many even of the bishops and abbots still faithful,
and many of the rebels now returned to his allegiance. In
order to strengthen his position and to secure some following
among the friends of the Hohenstauffen, Otto married (on
the 22nd July) Philip's daughter, Beatrice, to whom he had
1 Vide P- 228, note 3.
? M. G. Leg. , Sec. iv. , Cons. II. Nos.
43 (26th September 1212) and 44
(19th November 1212). See on the
subject of this election Bloch, ' Die
Staufischen Kaiserwahlen,' p. 89 f.
There can be little doubt that Frederick
was elected as emperor and not as
king, and for some time after he had
accepted the offer of the German
princes he styled himself " Romonorum
imperator electue. "
8 For the rebellion in Italy and
Germany, see Winkelmann, ' Philipp
von Schwaben und Otto IV. ,' vol. ii.
book ii. chap. iv.
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? 230
[pakt n.
TEMPORAL AND SPIRITUAL POWERS.
been betrothed since 1209. Unfortunately for Otto she died
on the 11th August. Otto was at the time besieging Weifl-
sensee, and the disastrous results of her death were imme-
diately apparent. The Swabians and Bavarians at once left
his camp, and so many of his followers abandoned him that
he had to give up the siege. Presently he moved to the south
to deal with the threatened entry of Frederick upon the
German scene.
After Frederick's election had been reported to the Pope,
negotiations went on for some time on the subject, and finally,
with Innocent's support (consilio et interventu), Frederick
was hailed as emperor (imperator collauderetur) by the citizens
and the people of Eome, and the Pope confirmed his elec-
tion. 1 This was not, however, till after the consent of Frederick
had been obtained, and the Pope and Frederick had come to
terms. Frederick's consent was not given as a matter of
course; his wife Constance and the Sicilian nobles were
strongly opposed. We have no detailed account of the nego-
tiations between Frederick and the Pope, but some of the
conditions are clear from documents executed' in February
1212. Frederick had to swear to be faithful to the Pope
and to his successors ; he placed on record the territories he
held from the Pope and the tribute (census) to be paid. He
undertook personally to do homage when summoned to
appear before him. He had also to accept a concordat regard-
ing ecclesiastical elections in the same terms as the one forced
on his mother in 1198. 2 It was not till he had done all this
1 Burchardi et Cuonradi Ursper-
gensium Chronicon, p. 373, 43. " Dic-
tus vero Anshelmus magno labore
et periculis plurimis Romam usque
pervanit; ibique consilio et inter-
ventu domni Innocentii papa obtinuit,
ut a civibus et populo Romano Frideri-
cus imperator collauderetur et de ipso
lactam electionem papa confirmavit. "
Innocent IV. appears to refer to this
incident in bis excommunication of
Frederick on the 17th July 1246
(Epis. Sae. XIII. , vol. it 124, p. 90),
for after mentioning the oath given
by Frederick " priusquam esset ad
imperii dignitatem electus," he goes
on, "et, sicut dicitur, illud idem (i. e. ,
homage), postquam ad eandem digni-
tatem electus extitit et venit ad
Urbem " was repeated by him in the
presence of the Pope.
a M. G. H. , Const. II. No. 411, oath
by Frederick to Innocent, Feb. 1212,
at Messina.
No. 412, undertaking by Frederick,
February 1212, at Messina to do
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? CHAP, n. ] INNOCENT HI. AND THE EMPIRE. 231
that he added to his title of King of Sicily that of emperor
elect. 1 At the request of the Pope, Frederick had his infant
son Henry crowned as King of Sicily. 2 It seems probable
that the object was ultimately to do away with the personal
union between Sicily and the empire, as Frederick agreed
to do in 1216. Another reason for the coronation was no
doubt to secure a successor, with a good legal title, before he
started on his very adventurous expedition to Germany. He
commenced his journey in March, and arrived in Eome about
the middle of April. At Eome, where he did homage to the
Pope for the Sicilian kingdom, he was very kindly received
by Innocent and helped with money, and there he styled
himself emperor by the grace of God and of the Pope. 3
Frederick left Eome by the end of April or early in May,
but was unable to cross the Italian frontier till some time in
August, as he had to make long halts at various towns in
Northern Italy to avoid Otto's supporters. He arrived at
Constance in September, a few hours before his rival, who
was also on his way there. His occupation of Constance
gave him time to rally his supporters in Germany, thus en-
abling him to hold a meeting of his supporters on the 5th
December at Frankfort. There he was elected king by a large
number of German princes in the presence of the legate and
of envoys from France. From that time onward, with very
rare exceptions, Frederick dropped the style of emperor elect,
homage, when required by a Pope,
for the kingdom of Sicily, dukedom of
Apulia, and to pay tribute.
No. 413, same time and place, agree-
ing to same conditions regarding clerical
elections as his mother Constance had
been obliged to accept in 1199, vide
p. 196, note 2.
No. 414, April 1212 at Rome,
Frederick entered into further agree-
ment with the Church of Rome re-
garding expenses incurred on his
behalf.
1 The first letter in which Frederick
styles himself " Romanorum imperator
electus" is at Messina in February
1212 in a privilege granted the
Archbishop of Monreale. H. -B. , vol. i.
p. 204.
' See Winkelmann, ' Philipp v.
Schwaben und Otto IV. ,' vol. ii. p. 316,
notes 4 and 5, where it is shown Henry
was probably crowned in February
1212.
3 H. -B. , vol. i. p. 227. In con-
firming a grant to the Roman Church,
Frederick wrote on the 15th April
1212 at Rome, " Sanctissimo patri . . .
Innocentio . . .
Fridericus Dei et sui
gratia rex Sicilie . . . in Romanorum
imperatorem electus et semper Au-
gustus. "
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? 232 TEMPORAL AND SPIRITUAL POWERS. [PAST n.
and adopted that of " Eomanorum rex semper Augustus et
rex Siciliae. " 1 By the summer of 1213 a large part of Ger-
many had accepted Frederick, and at a meeting held at Eger
on the 12th July of that year he paid his price for the papal
support. He renewed, almost word for word, the promise
given by Otto at Speyer in 1209, and supported it by a per-
sonal oath. Innocent, however, was not content with this,
and required the assent of the German princes. A number
of them, including such important persons as the Archbishops
of Mainz and Salzburg, the King of Bohemia, the Dukes of
Bavaria and Austria, and the Landgraf of Thuringia, signed
the document as witnesses. The Pope also got the express
consent of individual princes in subsequent years. 2 The
curia was not satisfied even with these agreements, and had
them strengthened later on in the time of Honorius HI. ,3
but Innocent had by the agreement he obtained put the
territorial claims of the Church on a legal basis, accepted by
the German princes. As in the case of Otto's Speyer agree-
ment, the clauses relating to the Church seriously modified
the powers left to the emperor by the concordat of Worms.
Fighting went on during 1213 without any decisive results.
In the following year the victory of Philip Augustus at Bou-
vines (27th July 1214) put an end to any chance of a victory
by Otto. In 1215 Aix went over to Frederick, and he was
crowned there for the second time. As there was at that time
no Archbishop of Cologne recognised by the Pope, he was
1 M. G. H. , Const. II. , vol. ii.
No. 451. Letter of Bishop Conrad
to Philip Augustus, December 1212.
There has been much controversy
over this election, the protagonists
being Bloch in his ' Die Staufischen
Kaiserwahlen' and Krammer in his
>> Der Reichsgedanke des Staufischen
Kaiserhauses' and ' Das Kurfursten
Kolleg, &c. ' We are inclined to agree
with Bloch that it is to some extent
a tacit assertion, by the majority of
the German princes, that it was for
them alone to elect a king, a ruler
over the empire. The fact that a
papal legate was present does not
appear to us necessarily to imply
papal approval. Forty years later a
papal legate was present at the second
election of William of Holland at
Braunschweig, a proceeding certainly
distasteful to the curia.
1 M. G. H. , Const. II. No. 46-51,
12th July 1213 and 6th October
1214.
* M. G. H. , Const. H. No. 65-66,
September 1219; No. 72, 3rd April
1220.
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? CHAP, n. ] INNOCENT HI. AND THE EMPIRE.
233
crowned by the Archbishop of Mainz on the 25th July. It
was on this occasion that Frederick took the cross, the cause
of so much trouble to him later on. A few days later the
city of Cologne, Otto's last stronghold outside his own do-
mains, also accepted Frederick, and Otto had to retire to
Brunswick. Although Otto lived three years more and never
gave up the struggle, yet he was unable to affect seriously
Frederick's hold over the greater part of Germany.
Otto's supporters tried to reopen the question of his de-
position at the Lateran Council in 1215. Innocent stopped
a very hot controversy that arose, and at a subsequent meet-
ing declared Frederick's election by the German princes to
be emperor approved and confirmed. 1
Frederick's succession to the empire would have been
impossible, as far as one can judge, without the support of
the Pope. This contributed to weaken the coalition against
Philip Augustus, which was defeated at Bouvines, a landmark
in European history, but it also led in the end to the catas-
trophic struggle between the papacy and the Hohenstauffen
--a danger to which Innocent was not blind, but which he
could not avert.
Innocent relied in his dealings with secular powers mainly
on his authority as vicar of Christ. He did not disdain nor
neglect to use authority of human origin, as, for instance,
that of a feudal lord, but such powers were treated by him
as of human origin, and not as belonging to the Pope as
Pope. His conception of the papal authority was no less
exalted than that of his great predecessor Gregory VII. , but
he handled it much more as a lawyer, systematising where
possible the use of his powers. Thus in the bull (finally
embodied in the Decretals) Innocent based his right to deal
with quarrels between princes on his authority to decide
1 According to Richard of San Ger-
mano (p. 94 Serie I. Cronache of the
Societa Napoletana di 8 tori a Patria),
the question was brought up, and
there was a hot controversy. Finally,
" dominus papa manu innuit et egredi-
entibus ceteris, ipse ecclesiam est
egressus. " At another sitting a few
days later " predicti etiam regis Fred-
erici electionem per principes Alaman-
nio factam legitime in imperatorem
Romanum approbans confirmavit. "
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? 234
[pabt n.
TEMPORAL AND SPIRITUAL POWERS.
where questions of sin were involved. Again, in the case of
the empire, he claimed the right to examine the qualifications
of the king elected by the German princes as, if we may use
the expression, a matter of official routine.
Innocent had not carried the majority of the German princes
with him, and his claims to interfere in German elections or
to nominate in case of disputes were not generally admitted,
but we must reserve our remarks on this subject for a later
chapter.
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? 235
CHAPTER III.
FREDERICK H. , HONORDJS HI. , AND GREGORY IX.
HoNORrus, who was elected Pope on the 18th July 1216,
two days after the death of Innocent III. , was of a very
different temperament to his great predecessor,1 and accord-
ingly, though there was no change in the policy of the curia,
yet the methods were different, and the great struggle with
the Hohenstauffen was postponed.
When the pontificate of Honorius began, the Church was
not in full possession of the lands included in the promise
made by Frederick at Eger in 1213, as it was not till the
contest with Otto was over that Frederick could attend to
affairs in Northern Italy; but by 1221 the Pope was able
to announce to the world that the Church of Eome had
received possession of the lands it had claimed, and to
acknowledge the help given him by Frederick. 2 The Pope
and the emperor did not agree as to the rights left to
Frederick as emperor in these lands, and there was trouble
over his claims to armed assistance from papal subjects in
1226. Frederick also appears to have alarmed the curia by
suggesting at a conference at Veroli in 1222 that it should
employ him as their agent to govern these lands. 3 The fric-
1 In an early letter Honorius gives
a characteristic description of his
methods. Epis. Sae. XIII. , vol. i. 31,
10th May 1217. " Plerumque dissi-
mulanda sunt quedam et ad tempus
conniventibus oculis toleramda, que
possunt scandali materiam suscitare,
cum et Veritas ipsa quedam fecerit
ex temperantia equitatis pro vitando
scandalo Iudeorum. "
? L. c. , 165, 18th February 1221.
The letter is addressed " Universis
presentes litteras inspecturis. "
3 Ficker Forschungen, 4c. , vol. iv.
334, 5th May 1222. Honorius to the
people of Spoloto. Besides informing
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? 236
TEMPORAL AND SPIRITUAL POWERS. [PAST n.
tion that arose from time to time was not in itself very serions,
but it must have played its part in strengthening the deter-
mination of the curia to secure for itself supporters in Italy
by protecting Milan and its friends from Frederick.
Another source of trouble was due to differences regarding
ecclesiastical appointments in the Sicilian kingdom. Frederick,
before he was accepted by Innocent as the future emperor,
had undertaken to allow freedom of election in his Sicilian
kingdom, but it was subject to his assent to the persons
elected. 1 Honorius in a number of cases refused to accept
the elections made, and finally, after the sees had long been
vacant, filled them up without consulting Frederick. 2 This
and the question regarding Frederick's rights in the papal
states were the cause of a very angry correspondence between
Frederick and the Pope in 1226, in which the emperor dis-
closed his real feelings towards the Church by accusing the
Papacy of having failed in its duty towards him when Inno-
cent III. was his guardian during the time of his minority. 3
the people of Spoleto that neither he nor
the cardinals had agreed, though much
pressed, to anything " quod esset in
preiudioium apostolice sedis," he also
refers to the action of Gunzelin, the
imperial legate, in endeavouring to
scduce the people of Viterbo " a devo-
tionis soliditate fideles nostros aver.
tore" and " ut imperatori debeant
faccre juramentum. "
See also Theiner, ' Codex Diplomati-
cs Dominii Temporalis,' vol. i. 115,
116, 119, 121 of 22nd November 1222;
123, 20th December 1222; 124 and
125, 1st January 1223 ; 117, 118, 120,
not dated, but all apparently of
November 1222. They deal with
Gunzelin's behaviour and Frederick's
emphatic disavowal of his actions.
1 M. G. H. , 'Const. ,' DT. 412, February
1212. Privelegium Friderici PI. Regis.
In this compact with the Pope, clause
(5) regarding elections provides " secun-
dum Deum per totum regnum canonice
fiant de tali bus quidem personis, quibus
nos et heredes nostri requisitum a
nobis prebere debeamus assensum. "
* Epis. Sae. XHL, vol. i. 283, 25th
September 1225. Honorius to Fred-
erick. He has in appointing selected
" de personis tibi merito acceptan-
dis," and appointed them with the
advice of the cardinals "sine tuo
preiudicio. "
* L. o. , 206. Honorius to Frederick,
beginning of May 1226. The first part
of the letter sent by Frederick is known
to us by the Pope's reply, from which
it appears that the emperor complained
of his treatment by the Church during
his minority (p. 217 1. 13 f. ): "Circa
tutelam quoque tui, a clare memorie
imperatrice Constantia regina Sicilie
apostolice sedi relictam, a benenciorum
gratia excipis, . . . susceptio, que a
gratia sumpsit exordium, habere te
debuit de prosecutionis dobito non
ingratum, saltem ut tutrici notam non
solum suspecte sed etiam fraudulente
? ? administrationis non nitereris impingere.
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? CHAP, m. ] FREDERICK H. , H0N0RIUS iH. , GREGORY IX. 237
The question of elections to vacancies became acute again in
the time of Gregory IX. , and was among the causes stated
for his excommunication in 1239. 1
As we have seen, Frederick had taken the Cross in 1215,
and after that he made repeated promises to start by a fixed
date, and had to get the Pope's consent to repeated post-
ponements. The final promise was made in July 1225 to start
in August 1227,2 and Frederick's failure to carry it out was
the immediate occasion of Gregory's first excommunication.
Though peace was restored after a time, yet both sides had
shown their mutual distrust and fundamental hostility, and
the ground was prepared for the final struggle between the
papacy and the Hohenstauffen family which began in 1239,
and only ended with the death of Conradin in 1268. The
main cause of this hostility was the union of the imperial
Government and of the Sicilian kingdom in Frederick's hands,
as it endangered the papal independence, unless a counterpoise
could be found by the curia in Northern Italy.
Innocent had long foreseen the dangers of the situation,
and a few days before his death, Frederick had given a written
undertaking immediately after his coronation to release his
son Henry from subjection to his authority and hand over
to him the kingdom of Sicily to be governed during his
minority by some person approved by and responsible to the
Pope. 3 It is very doubtful whether, Innocent once out of the
dicens quod ecele&ia nomine defen-
sorum hostes immiserat Apulie. Habe.
Otto crossed the frontier of the Sicilian kingdom early in
November. Innocent took immediate action, excommuni-
1 Reg. d. N. 193 and 194.
* M. G. H. , Const. II. p. 47.
' Conf cederatio ' of the Archbishop of
Salzburg, 3rd July 1210. "Notum
facimus universis . . . quod nos
occasiono discordie inter dominum
papam et dominum nostrum O. sere-
nissimum Romanorum imperatorem
exorte memoratum dominum nostrum
imperatorem nunquam deseremus; quin
nos in omnibus hiis, que honorem
imperii et sue persone respiciunt, pro-
movendis sibi tanquam legittimo do-
mino no9tro, et in rebus et in persona,
pro viribus nostris assistemus et con-
tempto man da to apostolico, si quod
forte dominus papa daret in contrariumv
ad manutenendum honorem suum et
imperii ipsi domino nostra auxilio
pariterque oonsilio semper aderimus
et bona fide tum contra papam
tum contra quemlibet alium hominem,
nulla impediente occasione, ad con-
servandum honorem suum et imperii
perpetuo ipsum pro posse nostro
iuvabimus. "
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? 228
TEMPORAL AND SPIRITUAL POWERS. [PART n.
eating him and releasing his subjects from their allegiance,1
and he also entered into negotiations with Philip of France
to secure his support. 2 Two months later he called on the
German princes to elect another in Otto's place. 3 A little
later again he stirred up the Italian subjects of the emperor,
calling on the bishops to publish the sentence against Otto,
and to hold no services in any place where he might stay.
He also stated that he would declare him guilty of heresy
if he continued to have divine services celebrated in his
presence. * It is reported that even at this late stage Innocent
made another attempt to come to terms with him. The very
well-informed writer of the ' Ursperg Chronicle ' states that he
heard from the papal agent that Innocent was willing to put
up with all the territorial losses incurred, provided Otto
would keep his hands off Philip of France and the Sicilian
kingdom, but that it was all in vain. 5
1 See Winkelmann, ' Philipp von
Schwaben und Otto IV. von Braun-
schweig,' p. 246 f. We have not the
text of Innocent's order, but he refers
to it in a letter to the Pisans, dated
22nd December 1210. Reg. XTH. 193.
* Boehmer, * Acta Imperii Selocta,'
920. 1st February 1211. Innocent
to Philip of France.
3 L. c. , 921, April 1211. To all the
princes of Germany. In this letter
Innocent mentions that he has ex-
communicated and anathematised Otto
" pro eo, quod benenciorum nostorum
ingratus et promissionem suorum obli-
tus maligno persequitur pritfatum
regem Siciliie orphanum et pupillum,
apostolicse protectioni reliotum, ne-^
quiter invadendo regnum ipsius et
Romano? ecclesise patriminium, contra
sacramenta et scripta sua et contra iura
et monimenta nostra,cum semper parati
fuerimus et ssepe obtulerimus ei iustitise
plenitudinem exhibere coram arbitris
communiter eligendis. "
He also warned the German princes
that should Otto succeed in his designs
" ad eam vos conditionem rediget,
ad quam avus et avunculus eiua
barones Anglise redegerunt; . . . Neo
nobis obiiciatur a quoque, quod toto
conamine procuravimus promotionem
eius ; quia non credebamus eum, quod
subito est effectus, immo qualom ipse
se subito demonstravit. Nam deus, qui
omnia noverat antequam fierent, pro-
moveri fecit Saulem, statura procerum,
in regem, quem ipse ipsius culpa postea
reprobavit et ei pium substituit iuni-
orem, qui regnum optinuit et possedit;
quse res instantis temporis est figura. "
* Boehmer. * Acta Imperii Seleeta,'
922. Innocent HI. to the bishop and
clergy of Cremona, 7th July 1211.
5 Burchardi et Cuonradi Ursper-
gensium Chronicon. Editors Abel and
Weiland, p. 93. " Sane ne tanta tur-
batio fieret in ecclesiis et populo Chris-
tiano, voluit domnus papa sustinere
omne dampnum, quod aibi imperator
in terris ecclesie Romano interiisset
? ? aut inferret. Hanc forman composi-
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? CHAP, n. ] INNOCENT HI. AND THE EMPIRE. 229
Otto began his second campaign in the south of Italy in
the beginning of March, and by October he was about to
cross over to Sicily. Frederick is said to have had ships ready
for flight, when events in Germany changed the whole situa-
tion.
After Otto'8 excommunication a movement against him
had commenced in Germany, led by Siegfried of Mainz, the
Landgraf of Thuringia, and the King of Bohemia. In the
early summer Siegfried published the excommunication of
Otto by the Pope. Ottocar of Bohemia was the first of the
princes openly to rebel against Otto, and to declare himself
in favour of Frederick of Sicily. Innocent was very careful
not to intervene openly in the choice of a successor to Otto,
but he had, in his letter of February 1211 to the German
princes, shown pretty clearly that Frederick would be ac-
ceptable to him. 1 In September a number of German princes
assembled at Nurnberg and elected Frederick " in impera-
torem. " 2 The princes who took part in this election were
obliged to look to the Pope for support, and they asked him
to confirm their election ; they were so far in a minority,
though a very important minority.
Otto, hearing of these movements in Germany, made his
way back instead of crossing to Sicily. He was delayed by
further fruitless negotiations with the Pope and by disturb-
ances in the north of Italy, so he did not get to Frankfort
till the middle of March 1212. 3 On his arrival in Germany
he found many even of the bishops and abbots still faithful,
and many of the rebels now returned to his allegiance. In
order to strengthen his position and to secure some following
among the friends of the Hohenstauffen, Otto married (on
the 22nd July) Philip's daughter, Beatrice, to whom he had
1 Vide P- 228, note 3.
? M. G. Leg. , Sec. iv. , Cons. II. Nos.
43 (26th September 1212) and 44
(19th November 1212). See on the
subject of this election Bloch, ' Die
Staufischen Kaiserwahlen,' p. 89 f.
There can be little doubt that Frederick
was elected as emperor and not as
king, and for some time after he had
accepted the offer of the German
princes he styled himself " Romonorum
imperator electue. "
8 For the rebellion in Italy and
Germany, see Winkelmann, ' Philipp
von Schwaben und Otto IV. ,' vol. ii.
book ii. chap. iv.
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? 230
[pakt n.
TEMPORAL AND SPIRITUAL POWERS.
been betrothed since 1209. Unfortunately for Otto she died
on the 11th August. Otto was at the time besieging Weifl-
sensee, and the disastrous results of her death were imme-
diately apparent. The Swabians and Bavarians at once left
his camp, and so many of his followers abandoned him that
he had to give up the siege. Presently he moved to the south
to deal with the threatened entry of Frederick upon the
German scene.
After Frederick's election had been reported to the Pope,
negotiations went on for some time on the subject, and finally,
with Innocent's support (consilio et interventu), Frederick
was hailed as emperor (imperator collauderetur) by the citizens
and the people of Eome, and the Pope confirmed his elec-
tion. 1 This was not, however, till after the consent of Frederick
had been obtained, and the Pope and Frederick had come to
terms. Frederick's consent was not given as a matter of
course; his wife Constance and the Sicilian nobles were
strongly opposed. We have no detailed account of the nego-
tiations between Frederick and the Pope, but some of the
conditions are clear from documents executed' in February
1212. Frederick had to swear to be faithful to the Pope
and to his successors ; he placed on record the territories he
held from the Pope and the tribute (census) to be paid. He
undertook personally to do homage when summoned to
appear before him. He had also to accept a concordat regard-
ing ecclesiastical elections in the same terms as the one forced
on his mother in 1198. 2 It was not till he had done all this
1 Burchardi et Cuonradi Ursper-
gensium Chronicon, p. 373, 43. " Dic-
tus vero Anshelmus magno labore
et periculis plurimis Romam usque
pervanit; ibique consilio et inter-
ventu domni Innocentii papa obtinuit,
ut a civibus et populo Romano Frideri-
cus imperator collauderetur et de ipso
lactam electionem papa confirmavit. "
Innocent IV. appears to refer to this
incident in bis excommunication of
Frederick on the 17th July 1246
(Epis. Sae. XIII. , vol. it 124, p. 90),
for after mentioning the oath given
by Frederick " priusquam esset ad
imperii dignitatem electus," he goes
on, "et, sicut dicitur, illud idem (i. e. ,
homage), postquam ad eandem digni-
tatem electus extitit et venit ad
Urbem " was repeated by him in the
presence of the Pope.
a M. G. H. , Const. II. No. 411, oath
by Frederick to Innocent, Feb. 1212,
at Messina.
No. 412, undertaking by Frederick,
February 1212, at Messina to do
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? CHAP, n. ] INNOCENT HI. AND THE EMPIRE. 231
that he added to his title of King of Sicily that of emperor
elect. 1 At the request of the Pope, Frederick had his infant
son Henry crowned as King of Sicily. 2 It seems probable
that the object was ultimately to do away with the personal
union between Sicily and the empire, as Frederick agreed
to do in 1216. Another reason for the coronation was no
doubt to secure a successor, with a good legal title, before he
started on his very adventurous expedition to Germany. He
commenced his journey in March, and arrived in Eome about
the middle of April. At Eome, where he did homage to the
Pope for the Sicilian kingdom, he was very kindly received
by Innocent and helped with money, and there he styled
himself emperor by the grace of God and of the Pope. 3
Frederick left Eome by the end of April or early in May,
but was unable to cross the Italian frontier till some time in
August, as he had to make long halts at various towns in
Northern Italy to avoid Otto's supporters. He arrived at
Constance in September, a few hours before his rival, who
was also on his way there. His occupation of Constance
gave him time to rally his supporters in Germany, thus en-
abling him to hold a meeting of his supporters on the 5th
December at Frankfort. There he was elected king by a large
number of German princes in the presence of the legate and
of envoys from France. From that time onward, with very
rare exceptions, Frederick dropped the style of emperor elect,
homage, when required by a Pope,
for the kingdom of Sicily, dukedom of
Apulia, and to pay tribute.
No. 413, same time and place, agree-
ing to same conditions regarding clerical
elections as his mother Constance had
been obliged to accept in 1199, vide
p. 196, note 2.
No. 414, April 1212 at Rome,
Frederick entered into further agree-
ment with the Church of Rome re-
garding expenses incurred on his
behalf.
1 The first letter in which Frederick
styles himself " Romanorum imperator
electus" is at Messina in February
1212 in a privilege granted the
Archbishop of Monreale. H. -B. , vol. i.
p. 204.
' See Winkelmann, ' Philipp v.
Schwaben und Otto IV. ,' vol. ii. p. 316,
notes 4 and 5, where it is shown Henry
was probably crowned in February
1212.
3 H. -B. , vol. i. p. 227. In con-
firming a grant to the Roman Church,
Frederick wrote on the 15th April
1212 at Rome, " Sanctissimo patri . . .
Innocentio . . .
Fridericus Dei et sui
gratia rex Sicilie . . . in Romanorum
imperatorem electus et semper Au-
gustus. "
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? 232 TEMPORAL AND SPIRITUAL POWERS. [PAST n.
and adopted that of " Eomanorum rex semper Augustus et
rex Siciliae. " 1 By the summer of 1213 a large part of Ger-
many had accepted Frederick, and at a meeting held at Eger
on the 12th July of that year he paid his price for the papal
support. He renewed, almost word for word, the promise
given by Otto at Speyer in 1209, and supported it by a per-
sonal oath. Innocent, however, was not content with this,
and required the assent of the German princes. A number
of them, including such important persons as the Archbishops
of Mainz and Salzburg, the King of Bohemia, the Dukes of
Bavaria and Austria, and the Landgraf of Thuringia, signed
the document as witnesses. The Pope also got the express
consent of individual princes in subsequent years. 2 The
curia was not satisfied even with these agreements, and had
them strengthened later on in the time of Honorius HI. ,3
but Innocent had by the agreement he obtained put the
territorial claims of the Church on a legal basis, accepted by
the German princes. As in the case of Otto's Speyer agree-
ment, the clauses relating to the Church seriously modified
the powers left to the emperor by the concordat of Worms.
Fighting went on during 1213 without any decisive results.
In the following year the victory of Philip Augustus at Bou-
vines (27th July 1214) put an end to any chance of a victory
by Otto. In 1215 Aix went over to Frederick, and he was
crowned there for the second time. As there was at that time
no Archbishop of Cologne recognised by the Pope, he was
1 M. G. H. , Const. II. , vol. ii.
No. 451. Letter of Bishop Conrad
to Philip Augustus, December 1212.
There has been much controversy
over this election, the protagonists
being Bloch in his ' Die Staufischen
Kaiserwahlen' and Krammer in his
>> Der Reichsgedanke des Staufischen
Kaiserhauses' and ' Das Kurfursten
Kolleg, &c. ' We are inclined to agree
with Bloch that it is to some extent
a tacit assertion, by the majority of
the German princes, that it was for
them alone to elect a king, a ruler
over the empire. The fact that a
papal legate was present does not
appear to us necessarily to imply
papal approval. Forty years later a
papal legate was present at the second
election of William of Holland at
Braunschweig, a proceeding certainly
distasteful to the curia.
1 M. G. H. , Const. II. No. 46-51,
12th July 1213 and 6th October
1214.
* M. G. H. , Const. H. No. 65-66,
September 1219; No. 72, 3rd April
1220.
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? CHAP, n. ] INNOCENT HI. AND THE EMPIRE.
233
crowned by the Archbishop of Mainz on the 25th July. It
was on this occasion that Frederick took the cross, the cause
of so much trouble to him later on. A few days later the
city of Cologne, Otto's last stronghold outside his own do-
mains, also accepted Frederick, and Otto had to retire to
Brunswick. Although Otto lived three years more and never
gave up the struggle, yet he was unable to affect seriously
Frederick's hold over the greater part of Germany.
Otto's supporters tried to reopen the question of his de-
position at the Lateran Council in 1215. Innocent stopped
a very hot controversy that arose, and at a subsequent meet-
ing declared Frederick's election by the German princes to
be emperor approved and confirmed. 1
Frederick's succession to the empire would have been
impossible, as far as one can judge, without the support of
the Pope. This contributed to weaken the coalition against
Philip Augustus, which was defeated at Bouvines, a landmark
in European history, but it also led in the end to the catas-
trophic struggle between the papacy and the Hohenstauffen
--a danger to which Innocent was not blind, but which he
could not avert.
Innocent relied in his dealings with secular powers mainly
on his authority as vicar of Christ. He did not disdain nor
neglect to use authority of human origin, as, for instance,
that of a feudal lord, but such powers were treated by him
as of human origin, and not as belonging to the Pope as
Pope. His conception of the papal authority was no less
exalted than that of his great predecessor Gregory VII. , but
he handled it much more as a lawyer, systematising where
possible the use of his powers. Thus in the bull (finally
embodied in the Decretals) Innocent based his right to deal
with quarrels between princes on his authority to decide
1 According to Richard of San Ger-
mano (p. 94 Serie I. Cronache of the
Societa Napoletana di 8 tori a Patria),
the question was brought up, and
there was a hot controversy. Finally,
" dominus papa manu innuit et egredi-
entibus ceteris, ipse ecclesiam est
egressus. " At another sitting a few
days later " predicti etiam regis Fred-
erici electionem per principes Alaman-
nio factam legitime in imperatorem
Romanum approbans confirmavit. "
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? 234
[pabt n.
TEMPORAL AND SPIRITUAL POWERS.
where questions of sin were involved. Again, in the case of
the empire, he claimed the right to examine the qualifications
of the king elected by the German princes as, if we may use
the expression, a matter of official routine.
Innocent had not carried the majority of the German princes
with him, and his claims to interfere in German elections or
to nominate in case of disputes were not generally admitted,
but we must reserve our remarks on this subject for a later
chapter.
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? 235
CHAPTER III.
FREDERICK H. , HONORDJS HI. , AND GREGORY IX.
HoNORrus, who was elected Pope on the 18th July 1216,
two days after the death of Innocent III. , was of a very
different temperament to his great predecessor,1 and accord-
ingly, though there was no change in the policy of the curia,
yet the methods were different, and the great struggle with
the Hohenstauffen was postponed.
When the pontificate of Honorius began, the Church was
not in full possession of the lands included in the promise
made by Frederick at Eger in 1213, as it was not till the
contest with Otto was over that Frederick could attend to
affairs in Northern Italy; but by 1221 the Pope was able
to announce to the world that the Church of Eome had
received possession of the lands it had claimed, and to
acknowledge the help given him by Frederick. 2 The Pope
and the emperor did not agree as to the rights left to
Frederick as emperor in these lands, and there was trouble
over his claims to armed assistance from papal subjects in
1226. Frederick also appears to have alarmed the curia by
suggesting at a conference at Veroli in 1222 that it should
employ him as their agent to govern these lands. 3 The fric-
1 In an early letter Honorius gives
a characteristic description of his
methods. Epis. Sae. XIII. , vol. i. 31,
10th May 1217. " Plerumque dissi-
mulanda sunt quedam et ad tempus
conniventibus oculis toleramda, que
possunt scandali materiam suscitare,
cum et Veritas ipsa quedam fecerit
ex temperantia equitatis pro vitando
scandalo Iudeorum. "
? L. c. , 165, 18th February 1221.
The letter is addressed " Universis
presentes litteras inspecturis. "
3 Ficker Forschungen, 4c. , vol. iv.
334, 5th May 1222. Honorius to the
people of Spoloto. Besides informing
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? 236
TEMPORAL AND SPIRITUAL POWERS. [PAST n.
tion that arose from time to time was not in itself very serions,
but it must have played its part in strengthening the deter-
mination of the curia to secure for itself supporters in Italy
by protecting Milan and its friends from Frederick.
Another source of trouble was due to differences regarding
ecclesiastical appointments in the Sicilian kingdom. Frederick,
before he was accepted by Innocent as the future emperor,
had undertaken to allow freedom of election in his Sicilian
kingdom, but it was subject to his assent to the persons
elected. 1 Honorius in a number of cases refused to accept
the elections made, and finally, after the sees had long been
vacant, filled them up without consulting Frederick. 2 This
and the question regarding Frederick's rights in the papal
states were the cause of a very angry correspondence between
Frederick and the Pope in 1226, in which the emperor dis-
closed his real feelings towards the Church by accusing the
Papacy of having failed in its duty towards him when Inno-
cent III. was his guardian during the time of his minority. 3
the people of Spoleto that neither he nor
the cardinals had agreed, though much
pressed, to anything " quod esset in
preiudioium apostolice sedis," he also
refers to the action of Gunzelin, the
imperial legate, in endeavouring to
scduce the people of Viterbo " a devo-
tionis soliditate fideles nostros aver.
tore" and " ut imperatori debeant
faccre juramentum. "
See also Theiner, ' Codex Diplomati-
cs Dominii Temporalis,' vol. i. 115,
116, 119, 121 of 22nd November 1222;
123, 20th December 1222; 124 and
125, 1st January 1223 ; 117, 118, 120,
not dated, but all apparently of
November 1222. They deal with
Gunzelin's behaviour and Frederick's
emphatic disavowal of his actions.
1 M. G. H. , 'Const. ,' DT. 412, February
1212. Privelegium Friderici PI. Regis.
In this compact with the Pope, clause
(5) regarding elections provides " secun-
dum Deum per totum regnum canonice
fiant de tali bus quidem personis, quibus
nos et heredes nostri requisitum a
nobis prebere debeamus assensum. "
* Epis. Sae. XHL, vol. i. 283, 25th
September 1225. Honorius to Fred-
erick. He has in appointing selected
" de personis tibi merito acceptan-
dis," and appointed them with the
advice of the cardinals "sine tuo
preiudicio. "
* L. o. , 206. Honorius to Frederick,
beginning of May 1226. The first part
of the letter sent by Frederick is known
to us by the Pope's reply, from which
it appears that the emperor complained
of his treatment by the Church during
his minority (p. 217 1. 13 f. ): "Circa
tutelam quoque tui, a clare memorie
imperatrice Constantia regina Sicilie
apostolice sedi relictam, a benenciorum
gratia excipis, . . . susceptio, que a
gratia sumpsit exordium, habere te
debuit de prosecutionis dobito non
ingratum, saltem ut tutrici notam non
solum suspecte sed etiam fraudulente
? ? administrationis non nitereris impingere.
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? CHAP, m. ] FREDERICK H. , H0N0RIUS iH. , GREGORY IX. 237
The question of elections to vacancies became acute again in
the time of Gregory IX. , and was among the causes stated
for his excommunication in 1239. 1
As we have seen, Frederick had taken the Cross in 1215,
and after that he made repeated promises to start by a fixed
date, and had to get the Pope's consent to repeated post-
ponements. The final promise was made in July 1225 to start
in August 1227,2 and Frederick's failure to carry it out was
the immediate occasion of Gregory's first excommunication.
Though peace was restored after a time, yet both sides had
shown their mutual distrust and fundamental hostility, and
the ground was prepared for the final struggle between the
papacy and the Hohenstauffen family which began in 1239,
and only ended with the death of Conradin in 1268. The
main cause of this hostility was the union of the imperial
Government and of the Sicilian kingdom in Frederick's hands,
as it endangered the papal independence, unless a counterpoise
could be found by the curia in Northern Italy.
Innocent had long foreseen the dangers of the situation,
and a few days before his death, Frederick had given a written
undertaking immediately after his coronation to release his
son Henry from subjection to his authority and hand over
to him the kingdom of Sicily to be governed during his
minority by some person approved by and responsible to the
Pope. 3 It is very doubtful whether, Innocent once out of the
dicens quod ecele&ia nomine defen-
sorum hostes immiserat Apulie. Habe.
