Dicebatur enim de
altero quod receptus esset a pluribus
et insignia imperialia obtineret.
altero quod receptus esset a pluribus
et insignia imperialia obtineret.
Thomas Carlyle
counts Palatine, three dukes, and two
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? CHAP. II. ]
201
INNOCENT m. AND THE EMPIRE.
On the other hand, Otto's supporters, not, as already
observed, Otto himself, asked for papal confirmation of his
election. Stress was laid by them on three points : (A) that
Otto was elected by those princes to whom the election
belonged as of right; (B) that the coronation and consecra-
tion took place as laid down by Charlemagne at Aix; (C)
that Otto was crowned and consecrated by the right person.
The first point is of importance as indicating that the idea
was growing that only a limited number of the German
princes were qualified to be " electors. " Probably the second
and third points carried some weight with both parties, for
in 1205, when Philip had recovered Aix, and the Archbishop
of Cologne had changed sides, Philip had himself re-elected
and crowned at Aix. It is possible that the second coronation
was a condition laid down by the archbishop before joining
Philip's party, but even in that case the fact that the arch-
bishop could compel assent would seem to indicate some
popular support for his claim.
Innocent's answer to Otto's supporters is dated 19th May
1199. In his reply he did not commit himself, though he
ended by expressing the hope that he would be able to honour
and benefit Otto. 1 Otto evidently read a good deal into this
der Deutschen Reichsverfassung, &c. ,'
vol. ii. Extract from Eike von Rep-
gow's ' Sachsenspiegel,' p. 72, 143,
about 1230) : " Die Dudischen sullen
durch recbt den kiining kiesen. Swen
die coren wirt von den bischopphen, die
dazu gesatzt sin, unde uph den stul
zu Aken kumt, so hat her konincligen
namen. Swen ine der babis wiet, so
hat her keiserbchen namen. "
In the other, later texts, we read,
" koninglike walt unde namen " and
" dee rikes gewalt unde kaiserlichen
namen," instead of '* konincligen na-
men " and "kaiserlichen namen. "
(Vide ' Maria Krammer quellen
Zur Geschichte der Deutachen Konigs-
wahl und des Kurfurstenkollegs,' p.
66, note 6). The change in the later
manuscripts would seem to indicate
that the meaning of the original version
was that it was only the name and not
the power that was conferred by the
ceremonies referred to.
1 Reg. d. N. 11, 20th May 1199. To
the Archbishop of Cologne. " Gratum
gerimus et acceptum quod tu et alii
multi principes Alemannise dilectoe
filios G. . . . ad sedem apostolicam
destinatis, per eos et litteras vest ran
et electionis modum et coronationis
processum. . . . Ottonis, quem elegistis
in re gem, plenius intimantes, ae
petentes ut, quod a vobis factum
fuerat ratum habentes et firmum, aucto-
ritate vellemus apostolica . confirmare,
ac ipsum Ottonem ad suscipiendam
coronam imperii vocaremus. . . . Id
autem per hsec apostolica scripta tam
tibi quam ipsis duximus responden-
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? 202
[PABT II.
TEMPORAL AND SPIRITUAL POWERS.
letter, for shortly after the return of his envoys from Bome,
he asked the Pope to bring to a happy conclusion what had
been so well begun by the help of God and of the Pope. He
also wrote that now his uncle Eichard was dead, he looked
on Innocent as being, after God, his special comfort and
support. 1
In Innocent's answer to Philip's supporters he gave his
view of the part to be played by the Pope in imperial elec-
tions, and cannot have left much doubt of his opposition
to Philip. He told them he knew who deserved his favour.
It was untrue that he was seeking to injure the empire ; on
the contrary, he wished it well. Some emperors had done
harm to the Church, but others had been of much service
to it. While he desired to recover and to maintain the rights
of the Church, he did not wish in doing so to encroach on the
rights of others. It was for the Pope to grant the imperial
crown to a person elected with the proper formalities as
future emperor (eo rite prius electo in principem), and then
duly crowned as king (in regem legitime coronato). As suc-
cessor of Peter in the apostolic office, he would seek to glorify
the divine name, honour the Apostolic See, and enhance the
greatness of the empire. 2 In a letter to the ecclesiastical
dum, quod ad honorem et profectum
ipsius (i. e. , of Otto) libenter et effica-
citer, quantum cum Deo poterimus,
intendemus, sperantes quod ipse, si out
catholicus princeps, in devotione quam
progonitores ipsius circa Romanam
Ecclesiam habuerunt non solum per-
sistere sed proficere cum honoris aug-
mento curabit. "
1 Reg. d. N. 19, summer of 1199.
Letter of Otto to the Pope. " TJnde
vestrse multum regratiamus sanctitati
quod nuntios nostros cum magno
gaudio nobis remisistis. Rogamus
itaque dominationem vestram ut nego-
tium nostrum, quod per Dei adjutorium
et vestrum bene est inchoatum, feli-
citer consummare dignemini. Testis
enim nobis sit Deus quod post mor-
tem avunculi nostri regis Riohardi
unicum nobis estu solatium et adju-
torium. "
2 Reg. d. N. 15. Innocent to the
princes of Germany (Philip's sup-
porters), 1199, end of August or later.
" Nos autem, sicut per alias vobis
litteras meminimus plenius intimasse,
super discordia qus? inter vos peccatis
exigentibus est suborta paterna com-
passione dolemus, cum ex ipsa, nisi
Deus averterit, multa prsevideamus
pericula proventura. Audivimus tamen
et merita electorum et studia eligen-
tium, videlicet quia et qualis, a quibus
et qualiter sit electus, ubi et a quo
etiam coronatus; ut non penitus
ignoremus si cui favor sit apostolicus
impendendus. Fuemnt autem quidam
homines pestilentes, et adhuc multi
sunt tales . . . mentientes quod nos ad
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? CHAP. II. ]
203
INNOCENT iH. AND THE EMPIRE.
and secular princes of Germany, written apparently on the
3rd May 1199, shortly before Philip's supporters addressed
him, Innocent had written of the discord between the princes
and their presumption in nominating two kings. He had
expected them to put an end to this state of things, with its
attendant evils, by seeking his help, "to whom it belonged
first and last to make provision for vacancies in the empire. " 1
diminutionem et depressionem imperii
nequiter laboremus, cum potius ad
promotionem et conservationem ipsius
efficaciter intendamus; quia, licet
qui dam imperatorcs Ecclasiam vehe-
menter afflixerint, alii tamen eam
multipliciter honorarent; . . . sic jura
nostra et recuperare volumnus et ser-
vare ut aliena nec invadere nec im-
pedire velimus. Cum autem imperialis
corona sit a Romano pontifice conce-
denda, eo rite prius electo in principem
et prius in regom legitime corona to,
talem secundum antiquam et appro-
batam consuetudinem libenter ad
coronam suscipiendam vocabimus. "
It is possible that at one time Inno-
cent had intended to put forward even
further-reaching claims, for in two
letters of the 3rd May 1199, he spoke
of the elections as if they were merely
nominations. On the 20th May,
answering at last the letter of Otto's
supporters, he alludes to Otto's election,
not nomination. Possibly Innocent
had heard between the 3rd and 29th of
Richard's death, and thought itnocessary
to moderate his claims as Otto had lost
in Richard a staunch and powerful friend.
Vide Reg. d. N. 1 and 2, addressed (1)
to the Archbishop of Mainz in the Holy
Land, and (2) to the German princes.
In the second letter he reproves the
German princes for their presumption
in nominating two kings and failing to
have recourse to the Pope. " Exspec-
tantes autem hactenus exspeotavimus
si forte vos ipsi saniori ducti consilio,
tantis malis finem imponere curaretis,
videlicet ad nostrum recurreretis auxi-
lium, ut per nos, ad quos ipsum nego-
tium principaliter et finaliter noscitur
pertinere, vestro studio mediante,
tanta dissensio, sopiretur. Verum
quia vos in hac parte negligentes et
desides hactemus exstitistis, nos, qui,
juxta verbum propheticum, constituti
sumus a Deo super gentes et regna, ut
evellamus et destruamus, sedifieemus
etiam et plantemus, officii nostri de-
bitum exsequi cupientes, universitatem
vestram monemus attentius et exhor-
tamur in Domino, per apostolica
scripta mandates, . . . ad provisionem
ipsius melius intendatis ; . . . Alioquin,
quia mora de csetero trahit ad so grave
periculum, nos quod expedire noveri-
mus procurantes, ei curabimus favorem
apostolicum impertiri quem oredemus
? ? majoribus studiis et meritis adjuvari. "
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? 204
[PAKT II.
TEMPORAL AND SPIRITUAL POWERS.
Philip's supporters appear to have taken no notice of these
letters, and the next important step was taken by the Pope
in 1200. Conrad, the Archbishop of Mainz, had returned from
Palestine in 1199, and had visited the Pope on his way to
Germany. Innocent had failed to get Conrad's support to
his policy, but he had got a promise from him that he would
not take any final steps regarding the disputed election till
he had consulted him (per litteras et nuntios tuos nostra
consuleres beneplacitum). Conrad on his return to Germany
did not join either party, but endeavoured to get them to
agree to refer the dispute to a body of sixteen princes, eight
from each party. He was to preside, and all the princes
were to accept the decision of the majority. Otto accepted,
but wrote the Pope, asking him to get the arbitrators to
support him. The Pope was, if necessary, to threaten them. 1
Innocent on hearing, apparently from Otto, of what was
going on, wrote a very indignant letter to the archbishop
for not fulfilling his promise before any final step, such as
now proposed, was taken. He informed the archbishop that
he was sending a trustworthy envoy with letters, to let him
and the other princes know what he wished and advised
(intentionis nostrae beneplacitum et salubre concilium). 2 In
his letter to the German princes, Innocent informed them
that he had often discussed with the cardinals and with
others what he could do to put an end to the quarrel. Many
had suggested that, as two rival kings had been elected, the
Pope should inquire into the aims of the electors and the
merits of the persons elected, to enable him to decide whom
he should favour. He then set out the arguments on each
side. On behalf of Philip it was urged that he had more
numerous supporters, and was in possession of the imperial
insignia. On the other hand, he had not been crowned in
the right place nor by the right person ; he had seized the
kingdom without consulting the Pope, notwithstanding his
oath of allegiance to Frederick; he had been excommuni-
1 Reg. d. N. 20. Otto to the Pope.
>> Reg. d. N. 22. To the Archbishop
of Mainz. The meeting was to be held
on the 28th July, so Innocent's letter
was probably sent off some time in
June.
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? CHAP. II. ] INNOCENT HI. AND THE EMPIRE. 205
cated by Coelestine, and his absolution given after he had been
named king was irregular. He was not only under sentence
of excommunication at the time of his election, the sentence
was still in force, and the oath of allegiance was not binding.
Another objection was the danger of establishing the principle
of succession by inheritance should Phi Up succeed his brother.
As he did not wish to appear vindictive, he would not repeat
the charges brought against Philip's family as oppressors of
the Church and of the princes. It was urged on Otto's behalf
that he had been crowned at the right place and by the right
person. Innocent exhorted the princes to take whatever
action might be necessary to put an end to the dispute, as
he did not wish to do anything derogatory to their dignity.
He had warned them of the danger of delay, and announced
that if they did not act themselves, he would give the apostolic
favour to the most suitable candidate, suitable by his own
merits, and marked out for selection by the aims of those
supporting him (quem crederemus majoribus studiis et meritis
adjuvari). The Pope was rejoiced to hear that at last they
intended to take action to secure the peace of the empire,
as he had exhorted them to do. He insisted on the necessity
of their selecting one fit for rule, as such an one was needed
not only by the empire, but also by the Church, which could
no longer dispense with a defender. He must be one whom
the Church could crown, otherwise the trouble would only
be aggravated, as the city (i. e. , Eome) and the Church would
be displeased, and it would be necessary to maintain the
cause of justice and truth. This warning was not given them
because the Pope had any desire to interfere with their privi-
leges, but in order to prevent the dissensions and scandals
that must otherwise arise. 1
1 Reg. d. N. 21. To all the eccle-
siastical and secular princes of Ger-
many. Probably June 1200. " Cum
de discordia quse diebus nostris pec-
catis exigentibus super imperio est
suborta vehementius doleamus, quia
non, ut aliqui mentiendo confiugunt,
ad depressionem ejus intendimus, sed
ad exaltetionom potius aspiramus,
cogitavimus ssepius intra nos ipsos,
deliberavimus quoque frequenter cum
fratribus nostris, et cum aliis viris
prudentibus et discretis non semel
tantum tractavimus qualiter ad sopien-
dam dissensionem hujusmodi possemus
impendere operam efflcacem. Fuerunt
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? 206
TEMPORAL AND SPIRITUAL POWERS. [PAST II.
There could no longer be any doubt that Innocent was
opposed to Philip, and now that he had declared himself,
he wrote letters to back up Otto. Thus he let the Duke of
autem quamplures qui nobis suggererent
ut cum duo fuissent per discordiam in
reges electi, de studiis eligentium at
mentis electorum inquireromus solli-
cite veritatem, quatenus intelligeremus
plenius cui esset favor apostolicus
impendendus.
Dicebatur enim de
altero quod receptus esset a pluribus
et insignia imperialia obtineret. Sed
opponebatur protinus contra eum quod
nec ab eo qui potuit, nec ubi debuit,
fuerit coronatus. . . . Prseterea obji-
ciebatur eidem quod contra proprium
juramentum, super quo nec consilium
a sede apostolica requisierat, regnum
si hi prasumpserat usurp are, cum super
illo juramento sedes apostolica prius
consuli debuisset, sicut et earn qui dam
consuluere prudenter, apud quam ex
institutione divina plenitudo residet
potestatis. " Some also added that he
was excommunicated when he was
elected, as he had been excommuni-
cated by Coeleetine, and that be was
still under excommunication, as the
conditions laid down for his release
had not been observed. " Unde,
juxta sanctorum Patrum cauonicas
sanctiones ei qui talis existit non
obstante juramento fidelitatis est obse-
quium subtrahendum. Hoc quoque
contra eumdem non modicum facere
proponebant quod contra libortatem
imperii regnum sibi jure nitebatur
hsereditario usurpare. Unde si, prout
olim frater patri successerat, sic nunc
succecederet frater fratri, libertas prin-
oipum deperiret, cum non per eorum
electionem, sed per successionem potius,
regnum videretur adeptus ; ut csetera
benignius taceamus quse contra genus
ipsius super opprossione tam Eccle-
siarum quam principum opponuntur,
no ipsum persequi videamur. Caitorum
proponebatur pro altero quod ab eo
qui potuit et ubi debuit fuerat coro-
natus, cum a venerabili fratro nostro
Coloniensi archiepiscopo, ad quem id
pertinet, apud Aquisgranum in solio
augustali fuerit inunctus et coronatus
in regem. Sed opponebatur eidem
quod pauciores eum principes seque-
rentur. Licet autem nobis fuissent
talia ssepe suggesta, et ut sic proce-
deremus consultum a viris prudentibus
et discretis, volentes tamen honori
vestro deferre, universitatem vestram
paterno commonuimus delectionis af-
fectu et per apostolica vobis scripta
mandavimus ut Dei timorem habentee
prio oculis, et honorem zelantes im-
perii, ne annularetur dignitas ejus et
libertas etiam deperiret, melius inten-
deretis ad provisionem ipsius, . . .
? ? alioquin, quia mora periculum ad se
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? chap, n. ]
207
INNOCENT iH. AND THE EMPIRE.
Brabant know he would remove any obstacles on the ground
of affinity to the marriage of his daughter to Otto. 1 He
promised the princes to support any agreements affecting
their possessions, dignitfes, and honours, if made with one
approved by him as their ruler. 2 He authorised his legates
to release Philip of France and John from any illicit obliga-
tions (i. e. , that would prevent them from assisting Otto). 3 The
Archbishop of Trier had not fulfilled his promise to the Arch-
bishop of Cologne to support whoever the latter chose as
king. This promise had been paid for, and the Pope directed
him either to carry out his promise or to repay the money
received. Moreover, he was to present himself to the Pope
to answer for the breach of his oath. * He issued conditional
orders to excommunicate the Landgraf of Thuringia for
similar reasons. 5 He also pressed John to pay the money
due to Otto under Eichard's will. Should John fail to do so,
the Pope would, as bound by his office, see justice done. 6
Innocent's promises and threats proved of no avail. He
could not induce the princes to leave the settlement of the
dispute to him, or to arrive at a settlement by sacrificing
Philip to the Pope. Towards the close of 1200 Innocent
fieret forte contrarium, urbi et pene niam ad hoc principaliter debet prin-
penitus toti displiceret Italian, Ecclesia cipis electio procurari, non ut provi-
quoque id ferret graviter et moleste, deatur certe personse, sed ut reipublicse
nec se dubitaret pro justitia et veritate consulatur ; quod utique fieri non
potenter opponere, quse Deo desidera potest, nisi persona principis provida
potius quam hominibus complacere. . . . sit et justn, strenua et honesta. "
Hsec autem vobis prsedicimus, non 1 Reg. d. N. 23, summer 1200.
ut libertatis, dignitatis et potestatis 2 Reg. d. N. 24, summer 1200.
vestrse privilcgio derogare velimus, " prsesentibus litteris duximus inti-
sed ut dissensionis et scandali materiam mandum quod omnes qui cum eo, qui
amputemus, cum is sit a vobis assu- assumptus in principem, nostram obti-
mendus in re gem quem nos in impe- nuerit gratiam et favorem, composi-
ratorem possimus et debeamus men to tionem inierint, super possessionibus,
coronare, ne, si secus accideret, fieret dignitatibus et honoribus, dante Do-
error novissimus pejor priore. . . . mino, manutenere curabimus et fovere.
Super juramentis etiam illud auctori- facientes eam auotoritate apostolica
taio apostolica statuemus quod ad inviolabiliter observari. "
purgandam et famam et conscientiam 8 Reg. d. N. 25, summer 1200.
redundabit. Unde non permittatis * Reg. d. N. 26, summer 1200.
vos aliquo modo seduci sub specie 5 Reg. d. N. 27, summer 1200. To
pietatis ab iis qui non communem sed the Archbishop of Mainz,
specialem utilitatem inquirunt; quo- ? Reg. d. N. 28, summer 1200.
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? 208
[PAKT II.
TEMPORAL AND SPIRITUAL POWERS.
drew up a confidential memorandum (known as the Delibe-
ratio), in which he discussed at length whom he should recog-
nise as king and future emperor. The settlement of this,
question was first and last for him to decide, and Innocent
proceeded to consider the claims not only of Otto and Philip,
but also of Frederick. As regards Frederick, his election
had been confirmed by the oaths of the princes, given by
them voluntarily. On the other hand, these oaths were un-
lawful (illicita) and the election injudicious, inasmuch as the
princes elected a child two years of age, unbaptised, and
unfit for any office. The princes were accordingly not bound
by their oaths. The election of a person unfit for office could
not be cured by the appointment of a " procurator," nor
could a temporary emperor be appointed. On the other hand,
the Church could not dispense with one. Frederick was the
Pope's ward only as King of Sicily, and the Pope was not
thereby bound to support his succession to the empire, which
would involve the union of the kingdom of Sicily and of the
empire. Such a union would be disastrous for the Church,
as, besides other dangers, Frederick would, like his father,
consider it beneath his dignity as emperor to give the oath
of fidelity for Sicily and to do homage. As regards Philip,
Innocent maintained that he was still under excommunica-
tion, as the absolution by the Bishop of Sutri was invalid.
Moreover, he was also under excommunication as the in-
stigator and supporter of Markwald in his misdeeds. It was
also right that the Pope should oppose him, lest the empire,
which should be the free gift of the electors, cease to be elec-
tive and pass by succession. Moreover, the Pope was bound
to oppose him, as a persecutor of the Church and a member
of a family of persecutors. To act otherwise would be like
arming a madman against oneself. Innocent proceeded to
enumerate the misdeeds of his ancestors, including Frederick's
quarrel with Hadrian over the use of the word " beneficium. "
The objection in Otto's case was that he was elected by
fewer than Philip. On the other hand, at least as many
(tot vel plures) of those who had a special right to elect the
emperor had accepted Otto. In dealing with an election, it
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? CHAP. II. ]
209
INNOCENT iH. AND THE EMPIRE.
was Decessary to consider the merits of the person elected
and his fitness for the post, and the wisdom of the electors
was more important than their number. Innocent touched
shortly on the superior fitness of Otto to govern the empire,
and then proceeded definitely to reject Philip, because of the
obvious objections to his appointment, and he decided to
resist his usurpation of the empire. His legate was to en-
deavour to get the princes to agree on a suitable person, or
to refer the matter to him. Should the legate fail with the
princes, the Pope would decide in favour of Otto and accept
him as the king, whom he would hereafter summon to Eome
to be crowned as emperor. 1 It will be observed that Innocent
1 Reg. d. N. 29, col. 1025 f. , end of
1200. Innocent's words with regard to
the objection that Frederick's appoint-
ment would involve the union of Sicily
and the empire are (col. 1026 C), " Quod
non expediat ipsum imperium obtinere
patet ex eo quod per hoc regnum
Hi ciliio uniretur imperio, et ex ipsa
unione confunderetur Ecclesia. Nam. ut
cetera pericula taceamus, ipse propter
dignitatem imperii nollet Ecclesise de
regno Siciliss fidelitatem et hominium
exhibere, sicut noluit pater ejus. "
Among the grounds for opposing
Philip are (col. 1028 B), " Quod ei (i. e. ,
Philip) nos opponere deceat manifesto
videtur ex eo quod si, prout olim patri
filius, sic nuno immediate succederet
frater fratri, videretur imperium ei non
ex electione conferri, sed ex successione
deberi, et sic emceretur hsereditarium
quod debet esse gratuitum, prasertim
cum non solum Fredericus substituerit
sibi filium, sed Henricus etiam filium
sibi voluerit subrogare; et per hoo
forsan in posterum abusio traheretur
in usum. "
With regard to Otto's election, he
writes (col. 1030 D), " De Ottone vide-
tur quod non liceat ipsi favere, quo-
niam a paucioribus est electus j . . .
Venus, cum tot vel plures ex his ad
quos principaliter spectat imperatoris
VOL. V.
electio in eum consensisse noscantur
quot in alterum consenserunt, cum non
minus idoneitas seu dignitas electse
personsB, imo plus quam eligentium
numerus sit in talibus attendendus,
nec tantum pluraltas quoad numerum,
sed salubritas quoad consilium in eli-
gentibus requiratur, et Otto magis sit
idoneus ad regendum imperium quam
Philippus . . . (col. 1031 B) videtur
quod et liceat deceat et expediat ipsi
(i. e. , to Otto) favorem apostolicam
exhibere. "
With regard to the action to be taken
(col. 1031 B), "De csetero vero agen-
dum per legatum nostrum apud prin-
cipes ut vel conveniant in personam ido-
neam, vel ae judicio aut arbitrio nostro
committant. Quod si neutrum elege-
rint, cum diu expectaverimus, cum
? ? monuerimus eos ad concordiam . . .
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? 210
TEMPORAL AND SPIRITUAL POWERS. [PABT II.
deals not only -with the merits of the candidates from the
point of view of the Church, he also discusses the validity of
the several elections from a legal point of view.
In accordance with this decision, Innocent wrote two letters
on the 1st January 1201, addressed to the Archbishop of
Cologne and the German princes generally. In the letter for
the German princes, ecclesiastical and secular, he informed
them that he was sending his legate to endeavour to get them
to agree on some one whom the Pope could accept and crown
as emperor, a ruler whose selection would benefit the empire
and not prejudice the Church (ad utilitatem imperii cum
Ecclesiae honestate). Should they be unable to agree, the
legate was to seek to persuade them to leave the decision
to the Pope. This would not prejudice their freedom of choice
in election, nor would it affect the dignity of the empire.
They could have no better mediator than the Pope, and he
could, in virtue of the powers divinely given him, deal with
any oaths already given by the princes (i. e. , he could release
them from their oaths of allegiance). Moreover, the decision
of this question belonged first and last to the Pope. First,
because it was the Church which transferred the empire from
the Greeks in order to secure a protector; last, because
the Pope bestowed the imperial crown. 1
For some reason unknown to us, Innocent changed his
1 Reg. d. N. 31. To all the princes,
ecclesiastical and secular, of Germany,
5th January 1201. Innocent informs
the princes that he is sending his legate
the cardinal bishop of Palestrina, and
if he can be spared from France, the
cardinal bishop of Ostia, to induce
them (col. 1034 B) " per vos ipsos cum
corum, si necesse fuerit, consilio et
prsesidio ad concordiam ef&caciter in-
tendatis, concordantes in eum quem
nos ad utilitatem imperii cum Eccle-
aaB honestate merito coronare possimus,
vel si forte per vos desiderata non
posset concordia provenire, nostro vos
saltem consilio vel arbitrio committatis,
salva in omnibus tam libertate vestra
quam imperii dignitate, cum neminem
magis quam Roman um pontificem super
hoc decent vos mediato rem habere, qui
voluntatibus et rationibus intellectis,
quid justum foret et utile provideret,
vosque per auctoritatem crelitus sibi
datam super juramentis exhibitis quoad
fumam et consciontiam liberaret, cum
et negotium imperii ad nos princi-
paliter et finaliter pertinere noscatur ;
principali ter quidem, quia per Ro-
manam Ecclesiam fuit a Grsecia pro
ipsius specialiter defensione trans-
latum; finaliter autem, quoniam etei
ab alio regni coronam reeipiat, a nobis
tamen coronam imperii recipit im-
perator. "
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? CHAP, n. ] INNOCENT iH. AND THE EMPIRE. 211
plans and decided to recognise Otto as king, without further
reference to the German princes. 1 In a letter to Otto, dated
the 1st March 1201, but evidently not delivered till the legate
arrived in July at Cologne, Innocent wrote of the two great
powers, the "Ecclesia" and the "Imperium," and their re-
spective functions. He told him of his great desire to see the
vacancy in the empire filled, and he announced, in virtue of
the power he had received from God through the blessed
Peter, he received him as king, and ordered that in future
Otto be given the reverence and obedience due to royalty.
The honour so bestowed was the greatest that could be given
to any secular ruler. Later, when all the usual preliminaries
were completed, he would summon him to Eome to receive
the imperial crown. In this letter no reference is made to
the electors nor to the election. 2 Innocent wrote a letter
bearing the same date to the German princes, announcing
the action he had taken and giving his reasons. He stated
the right of the papacy to deal with the matter. In men-
tioning the objections to Philip, he included the " insolentia "
shown by him and his Hohenstauffen predecessors to the
princes, and the danger of making the succession hereditary.
1 This appears from the legate'!
account of his proceedings (Reg. d.
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? CHAP. II. ]
201
INNOCENT m. AND THE EMPIRE.
On the other hand, Otto's supporters, not, as already
observed, Otto himself, asked for papal confirmation of his
election. Stress was laid by them on three points : (A) that
Otto was elected by those princes to whom the election
belonged as of right; (B) that the coronation and consecra-
tion took place as laid down by Charlemagne at Aix; (C)
that Otto was crowned and consecrated by the right person.
The first point is of importance as indicating that the idea
was growing that only a limited number of the German
princes were qualified to be " electors. " Probably the second
and third points carried some weight with both parties, for
in 1205, when Philip had recovered Aix, and the Archbishop
of Cologne had changed sides, Philip had himself re-elected
and crowned at Aix. It is possible that the second coronation
was a condition laid down by the archbishop before joining
Philip's party, but even in that case the fact that the arch-
bishop could compel assent would seem to indicate some
popular support for his claim.
Innocent's answer to Otto's supporters is dated 19th May
1199. In his reply he did not commit himself, though he
ended by expressing the hope that he would be able to honour
and benefit Otto. 1 Otto evidently read a good deal into this
der Deutschen Reichsverfassung, &c. ,'
vol. ii. Extract from Eike von Rep-
gow's ' Sachsenspiegel,' p. 72, 143,
about 1230) : " Die Dudischen sullen
durch recbt den kiining kiesen. Swen
die coren wirt von den bischopphen, die
dazu gesatzt sin, unde uph den stul
zu Aken kumt, so hat her konincligen
namen. Swen ine der babis wiet, so
hat her keiserbchen namen. "
In the other, later texts, we read,
" koninglike walt unde namen " and
" dee rikes gewalt unde kaiserlichen
namen," instead of '* konincligen na-
men " and "kaiserlichen namen. "
(Vide ' Maria Krammer quellen
Zur Geschichte der Deutachen Konigs-
wahl und des Kurfurstenkollegs,' p.
66, note 6). The change in the later
manuscripts would seem to indicate
that the meaning of the original version
was that it was only the name and not
the power that was conferred by the
ceremonies referred to.
1 Reg. d. N. 11, 20th May 1199. To
the Archbishop of Cologne. " Gratum
gerimus et acceptum quod tu et alii
multi principes Alemannise dilectoe
filios G. . . . ad sedem apostolicam
destinatis, per eos et litteras vest ran
et electionis modum et coronationis
processum. . . . Ottonis, quem elegistis
in re gem, plenius intimantes, ae
petentes ut, quod a vobis factum
fuerat ratum habentes et firmum, aucto-
ritate vellemus apostolica . confirmare,
ac ipsum Ottonem ad suscipiendam
coronam imperii vocaremus. . . . Id
autem per hsec apostolica scripta tam
tibi quam ipsis duximus responden-
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? 202
[PABT II.
TEMPORAL AND SPIRITUAL POWERS.
letter, for shortly after the return of his envoys from Bome,
he asked the Pope to bring to a happy conclusion what had
been so well begun by the help of God and of the Pope. He
also wrote that now his uncle Eichard was dead, he looked
on Innocent as being, after God, his special comfort and
support. 1
In Innocent's answer to Philip's supporters he gave his
view of the part to be played by the Pope in imperial elec-
tions, and cannot have left much doubt of his opposition
to Philip. He told them he knew who deserved his favour.
It was untrue that he was seeking to injure the empire ; on
the contrary, he wished it well. Some emperors had done
harm to the Church, but others had been of much service
to it. While he desired to recover and to maintain the rights
of the Church, he did not wish in doing so to encroach on the
rights of others. It was for the Pope to grant the imperial
crown to a person elected with the proper formalities as
future emperor (eo rite prius electo in principem), and then
duly crowned as king (in regem legitime coronato). As suc-
cessor of Peter in the apostolic office, he would seek to glorify
the divine name, honour the Apostolic See, and enhance the
greatness of the empire. 2 In a letter to the ecclesiastical
dum, quod ad honorem et profectum
ipsius (i. e. , of Otto) libenter et effica-
citer, quantum cum Deo poterimus,
intendemus, sperantes quod ipse, si out
catholicus princeps, in devotione quam
progonitores ipsius circa Romanam
Ecclesiam habuerunt non solum per-
sistere sed proficere cum honoris aug-
mento curabit. "
1 Reg. d. N. 19, summer of 1199.
Letter of Otto to the Pope. " TJnde
vestrse multum regratiamus sanctitati
quod nuntios nostros cum magno
gaudio nobis remisistis. Rogamus
itaque dominationem vestram ut nego-
tium nostrum, quod per Dei adjutorium
et vestrum bene est inchoatum, feli-
citer consummare dignemini. Testis
enim nobis sit Deus quod post mor-
tem avunculi nostri regis Riohardi
unicum nobis estu solatium et adju-
torium. "
2 Reg. d. N. 15. Innocent to the
princes of Germany (Philip's sup-
porters), 1199, end of August or later.
" Nos autem, sicut per alias vobis
litteras meminimus plenius intimasse,
super discordia qus? inter vos peccatis
exigentibus est suborta paterna com-
passione dolemus, cum ex ipsa, nisi
Deus averterit, multa prsevideamus
pericula proventura. Audivimus tamen
et merita electorum et studia eligen-
tium, videlicet quia et qualis, a quibus
et qualiter sit electus, ubi et a quo
etiam coronatus; ut non penitus
ignoremus si cui favor sit apostolicus
impendendus. Fuemnt autem quidam
homines pestilentes, et adhuc multi
sunt tales . . . mentientes quod nos ad
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? CHAP. II. ]
203
INNOCENT iH. AND THE EMPIRE.
and secular princes of Germany, written apparently on the
3rd May 1199, shortly before Philip's supporters addressed
him, Innocent had written of the discord between the princes
and their presumption in nominating two kings. He had
expected them to put an end to this state of things, with its
attendant evils, by seeking his help, "to whom it belonged
first and last to make provision for vacancies in the empire. " 1
diminutionem et depressionem imperii
nequiter laboremus, cum potius ad
promotionem et conservationem ipsius
efficaciter intendamus; quia, licet
qui dam imperatorcs Ecclasiam vehe-
menter afflixerint, alii tamen eam
multipliciter honorarent; . . . sic jura
nostra et recuperare volumnus et ser-
vare ut aliena nec invadere nec im-
pedire velimus. Cum autem imperialis
corona sit a Romano pontifice conce-
denda, eo rite prius electo in principem
et prius in regom legitime corona to,
talem secundum antiquam et appro-
batam consuetudinem libenter ad
coronam suscipiendam vocabimus. "
It is possible that at one time Inno-
cent had intended to put forward even
further-reaching claims, for in two
letters of the 3rd May 1199, he spoke
of the elections as if they were merely
nominations. On the 20th May,
answering at last the letter of Otto's
supporters, he alludes to Otto's election,
not nomination. Possibly Innocent
had heard between the 3rd and 29th of
Richard's death, and thought itnocessary
to moderate his claims as Otto had lost
in Richard a staunch and powerful friend.
Vide Reg. d. N. 1 and 2, addressed (1)
to the Archbishop of Mainz in the Holy
Land, and (2) to the German princes.
In the second letter he reproves the
German princes for their presumption
in nominating two kings and failing to
have recourse to the Pope. " Exspec-
tantes autem hactenus exspeotavimus
si forte vos ipsi saniori ducti consilio,
tantis malis finem imponere curaretis,
videlicet ad nostrum recurreretis auxi-
lium, ut per nos, ad quos ipsum nego-
tium principaliter et finaliter noscitur
pertinere, vestro studio mediante,
tanta dissensio, sopiretur. Verum
quia vos in hac parte negligentes et
desides hactemus exstitistis, nos, qui,
juxta verbum propheticum, constituti
sumus a Deo super gentes et regna, ut
evellamus et destruamus, sedifieemus
etiam et plantemus, officii nostri de-
bitum exsequi cupientes, universitatem
vestram monemus attentius et exhor-
tamur in Domino, per apostolica
scripta mandates, . . . ad provisionem
ipsius melius intendatis ; . . . Alioquin,
quia mora de csetero trahit ad so grave
periculum, nos quod expedire noveri-
mus procurantes, ei curabimus favorem
apostolicum impertiri quem oredemus
? ? majoribus studiis et meritis adjuvari. "
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? 204
[PAKT II.
TEMPORAL AND SPIRITUAL POWERS.
Philip's supporters appear to have taken no notice of these
letters, and the next important step was taken by the Pope
in 1200. Conrad, the Archbishop of Mainz, had returned from
Palestine in 1199, and had visited the Pope on his way to
Germany. Innocent had failed to get Conrad's support to
his policy, but he had got a promise from him that he would
not take any final steps regarding the disputed election till
he had consulted him (per litteras et nuntios tuos nostra
consuleres beneplacitum). Conrad on his return to Germany
did not join either party, but endeavoured to get them to
agree to refer the dispute to a body of sixteen princes, eight
from each party. He was to preside, and all the princes
were to accept the decision of the majority. Otto accepted,
but wrote the Pope, asking him to get the arbitrators to
support him. The Pope was, if necessary, to threaten them. 1
Innocent on hearing, apparently from Otto, of what was
going on, wrote a very indignant letter to the archbishop
for not fulfilling his promise before any final step, such as
now proposed, was taken. He informed the archbishop that
he was sending a trustworthy envoy with letters, to let him
and the other princes know what he wished and advised
(intentionis nostrae beneplacitum et salubre concilium). 2 In
his letter to the German princes, Innocent informed them
that he had often discussed with the cardinals and with
others what he could do to put an end to the quarrel. Many
had suggested that, as two rival kings had been elected, the
Pope should inquire into the aims of the electors and the
merits of the persons elected, to enable him to decide whom
he should favour. He then set out the arguments on each
side. On behalf of Philip it was urged that he had more
numerous supporters, and was in possession of the imperial
insignia. On the other hand, he had not been crowned in
the right place nor by the right person ; he had seized the
kingdom without consulting the Pope, notwithstanding his
oath of allegiance to Frederick; he had been excommuni-
1 Reg. d. N. 20. Otto to the Pope.
>> Reg. d. N. 22. To the Archbishop
of Mainz. The meeting was to be held
on the 28th July, so Innocent's letter
was probably sent off some time in
June.
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? CHAP. II. ] INNOCENT HI. AND THE EMPIRE. 205
cated by Coelestine, and his absolution given after he had been
named king was irregular. He was not only under sentence
of excommunication at the time of his election, the sentence
was still in force, and the oath of allegiance was not binding.
Another objection was the danger of establishing the principle
of succession by inheritance should Phi Up succeed his brother.
As he did not wish to appear vindictive, he would not repeat
the charges brought against Philip's family as oppressors of
the Church and of the princes. It was urged on Otto's behalf
that he had been crowned at the right place and by the right
person. Innocent exhorted the princes to take whatever
action might be necessary to put an end to the dispute, as
he did not wish to do anything derogatory to their dignity.
He had warned them of the danger of delay, and announced
that if they did not act themselves, he would give the apostolic
favour to the most suitable candidate, suitable by his own
merits, and marked out for selection by the aims of those
supporting him (quem crederemus majoribus studiis et meritis
adjuvari). The Pope was rejoiced to hear that at last they
intended to take action to secure the peace of the empire,
as he had exhorted them to do. He insisted on the necessity
of their selecting one fit for rule, as such an one was needed
not only by the empire, but also by the Church, which could
no longer dispense with a defender. He must be one whom
the Church could crown, otherwise the trouble would only
be aggravated, as the city (i. e. , Eome) and the Church would
be displeased, and it would be necessary to maintain the
cause of justice and truth. This warning was not given them
because the Pope had any desire to interfere with their privi-
leges, but in order to prevent the dissensions and scandals
that must otherwise arise. 1
1 Reg. d. N. 21. To all the eccle-
siastical and secular princes of Ger-
many. Probably June 1200. " Cum
de discordia quse diebus nostris pec-
catis exigentibus super imperio est
suborta vehementius doleamus, quia
non, ut aliqui mentiendo confiugunt,
ad depressionem ejus intendimus, sed
ad exaltetionom potius aspiramus,
cogitavimus ssepius intra nos ipsos,
deliberavimus quoque frequenter cum
fratribus nostris, et cum aliis viris
prudentibus et discretis non semel
tantum tractavimus qualiter ad sopien-
dam dissensionem hujusmodi possemus
impendere operam efflcacem. Fuerunt
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? 206
TEMPORAL AND SPIRITUAL POWERS. [PAST II.
There could no longer be any doubt that Innocent was
opposed to Philip, and now that he had declared himself,
he wrote letters to back up Otto. Thus he let the Duke of
autem quamplures qui nobis suggererent
ut cum duo fuissent per discordiam in
reges electi, de studiis eligentium at
mentis electorum inquireromus solli-
cite veritatem, quatenus intelligeremus
plenius cui esset favor apostolicus
impendendus.
Dicebatur enim de
altero quod receptus esset a pluribus
et insignia imperialia obtineret. Sed
opponebatur protinus contra eum quod
nec ab eo qui potuit, nec ubi debuit,
fuerit coronatus. . . . Prseterea obji-
ciebatur eidem quod contra proprium
juramentum, super quo nec consilium
a sede apostolica requisierat, regnum
si hi prasumpserat usurp are, cum super
illo juramento sedes apostolica prius
consuli debuisset, sicut et earn qui dam
consuluere prudenter, apud quam ex
institutione divina plenitudo residet
potestatis. " Some also added that he
was excommunicated when he was
elected, as he had been excommuni-
cated by Coeleetine, and that be was
still under excommunication, as the
conditions laid down for his release
had not been observed. " Unde,
juxta sanctorum Patrum cauonicas
sanctiones ei qui talis existit non
obstante juramento fidelitatis est obse-
quium subtrahendum. Hoc quoque
contra eumdem non modicum facere
proponebant quod contra libortatem
imperii regnum sibi jure nitebatur
hsereditario usurpare. Unde si, prout
olim frater patri successerat, sic nunc
succecederet frater fratri, libertas prin-
oipum deperiret, cum non per eorum
electionem, sed per successionem potius,
regnum videretur adeptus ; ut csetera
benignius taceamus quse contra genus
ipsius super opprossione tam Eccle-
siarum quam principum opponuntur,
no ipsum persequi videamur. Caitorum
proponebatur pro altero quod ab eo
qui potuit et ubi debuit fuerat coro-
natus, cum a venerabili fratro nostro
Coloniensi archiepiscopo, ad quem id
pertinet, apud Aquisgranum in solio
augustali fuerit inunctus et coronatus
in regem. Sed opponebatur eidem
quod pauciores eum principes seque-
rentur. Licet autem nobis fuissent
talia ssepe suggesta, et ut sic proce-
deremus consultum a viris prudentibus
et discretis, volentes tamen honori
vestro deferre, universitatem vestram
paterno commonuimus delectionis af-
fectu et per apostolica vobis scripta
mandavimus ut Dei timorem habentee
prio oculis, et honorem zelantes im-
perii, ne annularetur dignitas ejus et
libertas etiam deperiret, melius inten-
deretis ad provisionem ipsius, . . .
? ? alioquin, quia mora periculum ad se
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? chap, n. ]
207
INNOCENT iH. AND THE EMPIRE.
Brabant know he would remove any obstacles on the ground
of affinity to the marriage of his daughter to Otto. 1 He
promised the princes to support any agreements affecting
their possessions, dignitfes, and honours, if made with one
approved by him as their ruler. 2 He authorised his legates
to release Philip of France and John from any illicit obliga-
tions (i. e. , that would prevent them from assisting Otto). 3 The
Archbishop of Trier had not fulfilled his promise to the Arch-
bishop of Cologne to support whoever the latter chose as
king. This promise had been paid for, and the Pope directed
him either to carry out his promise or to repay the money
received. Moreover, he was to present himself to the Pope
to answer for the breach of his oath. * He issued conditional
orders to excommunicate the Landgraf of Thuringia for
similar reasons. 5 He also pressed John to pay the money
due to Otto under Eichard's will. Should John fail to do so,
the Pope would, as bound by his office, see justice done. 6
Innocent's promises and threats proved of no avail. He
could not induce the princes to leave the settlement of the
dispute to him, or to arrive at a settlement by sacrificing
Philip to the Pope. Towards the close of 1200 Innocent
fieret forte contrarium, urbi et pene niam ad hoc principaliter debet prin-
penitus toti displiceret Italian, Ecclesia cipis electio procurari, non ut provi-
quoque id ferret graviter et moleste, deatur certe personse, sed ut reipublicse
nec se dubitaret pro justitia et veritate consulatur ; quod utique fieri non
potenter opponere, quse Deo desidera potest, nisi persona principis provida
potius quam hominibus complacere. . . . sit et justn, strenua et honesta. "
Hsec autem vobis prsedicimus, non 1 Reg. d. N. 23, summer 1200.
ut libertatis, dignitatis et potestatis 2 Reg. d. N. 24, summer 1200.
vestrse privilcgio derogare velimus, " prsesentibus litteris duximus inti-
sed ut dissensionis et scandali materiam mandum quod omnes qui cum eo, qui
amputemus, cum is sit a vobis assu- assumptus in principem, nostram obti-
mendus in re gem quem nos in impe- nuerit gratiam et favorem, composi-
ratorem possimus et debeamus men to tionem inierint, super possessionibus,
coronare, ne, si secus accideret, fieret dignitatibus et honoribus, dante Do-
error novissimus pejor priore. . . . mino, manutenere curabimus et fovere.
Super juramentis etiam illud auctori- facientes eam auotoritate apostolica
taio apostolica statuemus quod ad inviolabiliter observari. "
purgandam et famam et conscientiam 8 Reg. d. N. 25, summer 1200.
redundabit. Unde non permittatis * Reg. d. N. 26, summer 1200.
vos aliquo modo seduci sub specie 5 Reg. d. N. 27, summer 1200. To
pietatis ab iis qui non communem sed the Archbishop of Mainz,
specialem utilitatem inquirunt; quo- ? Reg. d. N. 28, summer 1200.
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? 208
[PAKT II.
TEMPORAL AND SPIRITUAL POWERS.
drew up a confidential memorandum (known as the Delibe-
ratio), in which he discussed at length whom he should recog-
nise as king and future emperor. The settlement of this,
question was first and last for him to decide, and Innocent
proceeded to consider the claims not only of Otto and Philip,
but also of Frederick. As regards Frederick, his election
had been confirmed by the oaths of the princes, given by
them voluntarily. On the other hand, these oaths were un-
lawful (illicita) and the election injudicious, inasmuch as the
princes elected a child two years of age, unbaptised, and
unfit for any office. The princes were accordingly not bound
by their oaths. The election of a person unfit for office could
not be cured by the appointment of a " procurator," nor
could a temporary emperor be appointed. On the other hand,
the Church could not dispense with one. Frederick was the
Pope's ward only as King of Sicily, and the Pope was not
thereby bound to support his succession to the empire, which
would involve the union of the kingdom of Sicily and of the
empire. Such a union would be disastrous for the Church,
as, besides other dangers, Frederick would, like his father,
consider it beneath his dignity as emperor to give the oath
of fidelity for Sicily and to do homage. As regards Philip,
Innocent maintained that he was still under excommunica-
tion, as the absolution by the Bishop of Sutri was invalid.
Moreover, he was also under excommunication as the in-
stigator and supporter of Markwald in his misdeeds. It was
also right that the Pope should oppose him, lest the empire,
which should be the free gift of the electors, cease to be elec-
tive and pass by succession. Moreover, the Pope was bound
to oppose him, as a persecutor of the Church and a member
of a family of persecutors. To act otherwise would be like
arming a madman against oneself. Innocent proceeded to
enumerate the misdeeds of his ancestors, including Frederick's
quarrel with Hadrian over the use of the word " beneficium. "
The objection in Otto's case was that he was elected by
fewer than Philip. On the other hand, at least as many
(tot vel plures) of those who had a special right to elect the
emperor had accepted Otto. In dealing with an election, it
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? CHAP. II. ]
209
INNOCENT iH. AND THE EMPIRE.
was Decessary to consider the merits of the person elected
and his fitness for the post, and the wisdom of the electors
was more important than their number. Innocent touched
shortly on the superior fitness of Otto to govern the empire,
and then proceeded definitely to reject Philip, because of the
obvious objections to his appointment, and he decided to
resist his usurpation of the empire. His legate was to en-
deavour to get the princes to agree on a suitable person, or
to refer the matter to him. Should the legate fail with the
princes, the Pope would decide in favour of Otto and accept
him as the king, whom he would hereafter summon to Eome
to be crowned as emperor. 1 It will be observed that Innocent
1 Reg. d. N. 29, col. 1025 f. , end of
1200. Innocent's words with regard to
the objection that Frederick's appoint-
ment would involve the union of Sicily
and the empire are (col. 1026 C), " Quod
non expediat ipsum imperium obtinere
patet ex eo quod per hoc regnum
Hi ciliio uniretur imperio, et ex ipsa
unione confunderetur Ecclesia. Nam. ut
cetera pericula taceamus, ipse propter
dignitatem imperii nollet Ecclesise de
regno Siciliss fidelitatem et hominium
exhibere, sicut noluit pater ejus. "
Among the grounds for opposing
Philip are (col. 1028 B), " Quod ei (i. e. ,
Philip) nos opponere deceat manifesto
videtur ex eo quod si, prout olim patri
filius, sic nuno immediate succederet
frater fratri, videretur imperium ei non
ex electione conferri, sed ex successione
deberi, et sic emceretur hsereditarium
quod debet esse gratuitum, prasertim
cum non solum Fredericus substituerit
sibi filium, sed Henricus etiam filium
sibi voluerit subrogare; et per hoo
forsan in posterum abusio traheretur
in usum. "
With regard to Otto's election, he
writes (col. 1030 D), " De Ottone vide-
tur quod non liceat ipsi favere, quo-
niam a paucioribus est electus j . . .
Venus, cum tot vel plures ex his ad
quos principaliter spectat imperatoris
VOL. V.
electio in eum consensisse noscantur
quot in alterum consenserunt, cum non
minus idoneitas seu dignitas electse
personsB, imo plus quam eligentium
numerus sit in talibus attendendus,
nec tantum pluraltas quoad numerum,
sed salubritas quoad consilium in eli-
gentibus requiratur, et Otto magis sit
idoneus ad regendum imperium quam
Philippus . . . (col. 1031 B) videtur
quod et liceat deceat et expediat ipsi
(i. e. , to Otto) favorem apostolicam
exhibere. "
With regard to the action to be taken
(col. 1031 B), "De csetero vero agen-
dum per legatum nostrum apud prin-
cipes ut vel conveniant in personam ido-
neam, vel ae judicio aut arbitrio nostro
committant. Quod si neutrum elege-
rint, cum diu expectaverimus, cum
? ? monuerimus eos ad concordiam . . .
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? 210
TEMPORAL AND SPIRITUAL POWERS. [PABT II.
deals not only -with the merits of the candidates from the
point of view of the Church, he also discusses the validity of
the several elections from a legal point of view.
In accordance with this decision, Innocent wrote two letters
on the 1st January 1201, addressed to the Archbishop of
Cologne and the German princes generally. In the letter for
the German princes, ecclesiastical and secular, he informed
them that he was sending his legate to endeavour to get them
to agree on some one whom the Pope could accept and crown
as emperor, a ruler whose selection would benefit the empire
and not prejudice the Church (ad utilitatem imperii cum
Ecclesiae honestate). Should they be unable to agree, the
legate was to seek to persuade them to leave the decision
to the Pope. This would not prejudice their freedom of choice
in election, nor would it affect the dignity of the empire.
They could have no better mediator than the Pope, and he
could, in virtue of the powers divinely given him, deal with
any oaths already given by the princes (i. e. , he could release
them from their oaths of allegiance). Moreover, the decision
of this question belonged first and last to the Pope. First,
because it was the Church which transferred the empire from
the Greeks in order to secure a protector; last, because
the Pope bestowed the imperial crown. 1
For some reason unknown to us, Innocent changed his
1 Reg. d. N. 31. To all the princes,
ecclesiastical and secular, of Germany,
5th January 1201. Innocent informs
the princes that he is sending his legate
the cardinal bishop of Palestrina, and
if he can be spared from France, the
cardinal bishop of Ostia, to induce
them (col. 1034 B) " per vos ipsos cum
corum, si necesse fuerit, consilio et
prsesidio ad concordiam ef&caciter in-
tendatis, concordantes in eum quem
nos ad utilitatem imperii cum Eccle-
aaB honestate merito coronare possimus,
vel si forte per vos desiderata non
posset concordia provenire, nostro vos
saltem consilio vel arbitrio committatis,
salva in omnibus tam libertate vestra
quam imperii dignitate, cum neminem
magis quam Roman um pontificem super
hoc decent vos mediato rem habere, qui
voluntatibus et rationibus intellectis,
quid justum foret et utile provideret,
vosque per auctoritatem crelitus sibi
datam super juramentis exhibitis quoad
fumam et consciontiam liberaret, cum
et negotium imperii ad nos princi-
paliter et finaliter pertinere noscatur ;
principali ter quidem, quia per Ro-
manam Ecclesiam fuit a Grsecia pro
ipsius specialiter defensione trans-
latum; finaliter autem, quoniam etei
ab alio regni coronam reeipiat, a nobis
tamen coronam imperii recipit im-
perator. "
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? CHAP, n. ] INNOCENT iH. AND THE EMPIRE. 211
plans and decided to recognise Otto as king, without further
reference to the German princes. 1 In a letter to Otto, dated
the 1st March 1201, but evidently not delivered till the legate
arrived in July at Cologne, Innocent wrote of the two great
powers, the "Ecclesia" and the "Imperium," and their re-
spective functions. He told him of his great desire to see the
vacancy in the empire filled, and he announced, in virtue of
the power he had received from God through the blessed
Peter, he received him as king, and ordered that in future
Otto be given the reverence and obedience due to royalty.
The honour so bestowed was the greatest that could be given
to any secular ruler. Later, when all the usual preliminaries
were completed, he would summon him to Eome to receive
the imperial crown. In this letter no reference is made to
the electors nor to the election. 2 Innocent wrote a letter
bearing the same date to the German princes, announcing
the action he had taken and giving his reasons. He stated
the right of the papacy to deal with the matter. In men-
tioning the objections to Philip, he included the " insolentia "
shown by him and his Hohenstauffen predecessors to the
princes, and the danger of making the succession hereditary.
1 This appears from the legate'!
account of his proceedings (Reg. d.
