In his letter he repeated his charge of heresy in connection
with the question of the virgin birth.
with the question of the virgin birth.
Thomas Carlyle
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? 284 TEMPORAL AND SPIRITUAL POWERS. [PABT II.
justice to both parties ; thus placing itself in a false position
of which Frederick took full advantage in his letters.
Sentence of excommunication was given on the 20th March
1239. Sixteen grounds are given, of which eleven relate to
Frederick's behaviour in his Sicilian kingdom. 1 In three of
these charges breaches are alleged of the treaty of 1230.
Other charges relate to Frederick's attempts to stir up the
Eomans against the Pope, and to his occupation of Sardinia
and of other lands belonging to the Church. There is also
a general charge that Frederick put obstacles in the way of
relieving the Holy Land and of helping the Greek empire.
It is significant, as already pointed out, that no mention is
made of the Lombards, as in the corresponding charge sent
some months before to the German bishops. 4
1 H. -B. , vol. v. p. 286 f. , 20th March
1239. Of the grounds of excommuni-
cation, sixteen in number, eleven re-
ferred to Sicily, and in three of these
a breach of the conditions of the peace
in 1230 is alleged. The other charges
are: "(1) Pro eo quod contra
Roman am Ecclesiam seditionem movit
in urbe, per quod intendit ponti-
ficem et fratres a sua sede repellere.
(2) Pro eo quod. . . . Prenestinum
episcopum, Apostolica sede legatum,
ne in sua legatione prooederet . . . in
Albigensium partibus . . . per quosdam
fideles suos impediri mandavit. (3) Pro
eo quod nepotem regis Tunici venien-
tem ad Ecclesiam Romanam pro susci-
piendo baptismatis sacramento, detinet
nec venire permisit. (4) Quod terras
Ecclesie, scilicet Ferrariam . . . et ter-
ram Sardinie ocoupavit, contra jura-
mentum quo super hoc Ecclesie tenetur
temere veniendo. (5) quod per ipsum
impeditur negotium Torre Sancte et
reparatio imperii Romanic. " There
is no express reference to Lombardy.
The Pope adds to the grounds of
excommunication : " Porro pro omni-
bus et singulis supradictis pro quibus
dictus Fredericus a nobis diligenter
fuit admonitus et frequenter nec
parere curavit, eumdem Fredericum
exoommunicationis et anathematis vin-
culo innodamus. " He also declared :
'* Ceterum quia idem Fredericus de
dictis et factis auis, multis claman-
tibus per universum quasi orbem quod
de catholica fide recte non sentiat, est
graviter diffamatus, nos dante Domino
super hoc loco suo et tempore proce-
demus, secundum quod in talibus
requirit ordo juris. " He also an-
nounced : " Super oppresaionibus vero
et aliis gravamiribus nobilium, pau-
perum, viduarum, orphanorum et
aliorum de regno, pro quibus idem
Fredericus alias juravit stare man-
datis Ecclesie, ipsum intendimus ad-
monere et in ipso negotio, dante
Domino, procedemus sicut juste fuerit
procodendum. " Frederick is called
" dictus imperator," or only Frederick,
and the Pope released all bound to
him by an oath of fidelity so long as
? ? he remained under excommunication.
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? CHAP. III. ] FREDERICK H. , HONORITJS III. , GREGORY IX. 285
Frederick asserted over and over again that his quarrel
with the Lombards was the real cause of his rupture with
the Church, and whether it was the only cause or not, it is
difficult to believe that it was not the principal cause, and
that other differences could not have been peaceably settled.
A notable feature in the proceedings that followed Frederick's
excommunication is the appeal to public opinion on both sides.
A month after his excommunication the emperor issued an
encyclical to show his innocence to princes and peoples alike.
He told at some length the story of his relations with Gregory,
and of the injustice he had suffered at his hands. He accused
him of having written the Sultan not to cede to him any of
the holy places. He also accused him of asking for his support
for Viterbo against the Eomans, while he secretly wrote to the
Eomans that his (Frederick's) action was taken without the
Pope's knowledge or desire (preter suam conscientiam et
mandatum). He spoke of his unjust decisions in Lombard
affairs, his support of the rebels, and his unfair demand that
he should place himself unreservedly in the Pope's hands.
He mentioned the Pope's sudden change of front in the
negotiations in the autumn of 1238, and how he had excom-
municated him on hearing that he was prepared to give
immediate satisfaction. He had excommunicated him against
the advice of the wiser cardinals, and had prevented Frederick's
mission getting to Eome.
It was impossible to accept as judge one who had shown
himself a mortal enemy, and who had favoured by word and
deed rebels against the empire; he attributed Gregory's
hostility to his refusal to allow Enzio (the natural son of
Frederick) to marry his niece. He had also shown himself
unworthy of the exercise of pontifical authority by the sup-
" et sic totum fere regnum, quod est
speciale patrimonium beati Petri, pro
quo iuramento fidclitatis apostolice
sedi tenetur et ipsius ligius vassallus
existit, quantum in eo est, in favillam
quasi et cinerem iam redegit; quod si
postquam monitus fuerit a nobis, non
duxerit corrigendum, no* super hoc
actore Domino, sicut expedire videbi-
mus procedemus. "
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? 286 TEMPORAL AND SPIRITUAL POWERS. [PART II.
port he had given to the Milanese, mostly heretics. While
Frederick acknowledged the papal authority, to which all
Christians are subject, Gregory had shown himself unworthy
of office.
He begged the cardinals to call a General Council, to be
attended by secular as well as ecclesiastical dignitaries, in-
cluding his envoys and those of other princes; this Council
he would attend himself, and was prepared to prove all he
had said, and even more.
It was, Frederick stated, the Lombard affair that really
influenced the Pope, though he dared not make this public
because of the scandal it would cause. He had gone so far
as to offer to let him have for his own use all the tithes levied
for the Holy Land, if he would let him settle it. Gregory
had personally sworn to assist the Lombards against the
emperor. 1
1 M. G. H. , ' Const. ,' ii. 215. Ency-
clica accusatoria contra Gregorium IX. ,
20th April 1239. With regard to the
Pope's unworthiness, he writes (p. 296,
1. 36 f. ) : " Alias nobis per talem, quem
merito nostrum iudicem non habemus,
nullum posse fieri reputamus iniuriam,
utpote cum se prius inimicum capi-
talem quam iudicem nostrum et opere
fuerit professus et verbo, rebelles nos-
tros et hostes imperii publico con-
fovendo. (18) Indignum preterea se
tanti cohercione principis et generaliter
qualibet pontificalia auctoritate iudicii
reddidit, dum Mediolanensem civita-
tem, que pro maxima parte testimonio
religiosorum quamplurium fidedigno-
rum inhabitatur hereticis, contra nos
et imperium manifesto favore tuetur
. . . (19) Ilium habere preterea Christi
vicarium et successorem Petri ao dis-
pensatorem animarum fidelium in-
digne fatemur non ob dignitatis iniu-
riam, set ob persone deffectum, qui
dispensatione s cum fratrum delibera-
tione maxima concedendas in camera
sua more mercatoris cuiuslibet in libra
mercationis appendit, celatis fratrum
consiliis, cum quibus secundum eccle-
siasticam disciplinam deliberare tene-
tur, existens sibi bullator et scriptor
et forsitan etiam numerator. . . .
(21) Itaquenonmireturuniversaliseccle-
sia nec populus christianus, si nos talis
sentencias iudicis non veremur, non
in contemptu papalis officii vel appos-
tolice dignitatis, cui omnes ortodosse
fidei professores et nos specialius ceteris
subesse fatemur, set persone prevarica-
tionem arguimus, que se solio tanti
regiminis monstravit indignam. . . .
(p. 297, 1. 30 f. ), eoce quod sacrosancte
Romane ecclesie cardinales per san-
guinem Iesu Christi et sub attestatione
divini iudicii per nuncios nostros et
litteras at testamur, ut generale con-
cilium prelatorum et aliorum Christi
fidelium debeant evocare; nunciis
etiam vestris et reliquorum principum
accersitis, in quorum presencia nos ipsi
presentes cuncta que diximus sum us
hostendere et probare parati, et his
? ? etiam duriora. "
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? CHAP, m. ] FREDERICK H. , HONORIUS HI. , GREGORY IX. 287
The Pope's reply followed two months later, and when
it came, it was even more violent. Frederick is the beast
full of blasphemy of the Apocalypse, a fabricator of false-
hoods, a vessel filled with abominations, a supporter of
the wicked, one who delights to be called the forerunner
of Antichrist.
Gregory told the story of Frederick's protection by the
Church, in Sicily during his childhood and later on in Ger-
many, and of his own friendship. He repeated the old charges
in connection with the crusade, the invasion of the papal
patrimony, and his misdeeds in Sicily, which he had almost
reduced to ashes by his greed for money, and where he had
endeavoured by bribes to get his way in spiritual matters. As
regards Lombardy, the emperor had brought his troubles on
himself by using force, notwithstanding the Pope's warning,
and even when he had gone there without any military force,
he had spoiled his case by taking sides. So far had the Pope
been from putting difficulties in his way that when Frederick
entered Lombardy with armed forces, he had suspended the
interdict, during the time of Frederick's stay, from any town
subject to it. He defended again as in previous letters his
appointment of the Bishop of Palestrina as legate. He had
never offered Frederick the tithes, and denied as figments
Frederick's tales about Viterbo and other places, while as
regards Enzio and his niece, it was Frederick who desired the
marriage. He had shown his heretical tendencies by denying
the Church the power of binding and loosing, and evidence
omnium re gum et principum humiliatio
creditur, si cesaris Romani potencia,
cuius clipeus prima iacula sustinet,
conteratur. Hec est namque causa
pro vero, videlicet de Lombardis,
que cor pape pungebat et urebat
intrinsecus, licet ipsam foris educe ro
propter vestrum et audientium om-
nium scandalum non auderet. Pro
qua nobis per epecialem nuncium suum
fide dignissimum, cuius ad hec testi-
monium invocamus, oretenus exprese
promisit, quod si negocium Lombar-
dorum in eius arbitrio poneremus,
nedum quod in aliquo magnificentium
nostram o&enderet, verum etiam tocius
or bis decimas Terre Sancte necessai-
tatibus consecratas nostris utibtatibus
applicabat. (2S) Nec est mirum; in stan-
tibus etinem et accutis Lombardorum
aculeis pungebatur, quibus, prout per
aliquorum prelatorum confessionem
accepimus, contra nos et imperium
corporale prestitit sacramentum, cum
ipsos, peregrinantibus nobis in partibus
Syrie pro servicio Iesu Christi, trans-
mis it in Regnum. "
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? 288
[PABT n.
TEMPORAL AND SPIRITUAL POWERS.
would be forthcoming that he had declared the whole world
to be deceived by three impostors--Christ, Moses, and
Mahomet,--and that he had denied the possibility of the
virgin birth. 1
Frederick replied at once to the cardinals, protesting his
orthodoxy, and defending his refusal to allow Gregory the
power of binding and loosing, as he was no true pontiff. 2
Meanwhile Gregory made preparations to carry the war into
1 Epis. Sao. XHi. , vol. i. 760.
Gregory to the Archbishop of Rheims
and his suffragans, 12th July 1239.
He begins his letter by an attack on
Frederick, " Ascendit de mari bestia
blasphemie plena nominibus . . . os
suum in blasphemias divini nominis
aperit. . . . " With regard to the
origin of his troubles in Lombardy,
the Pope remarks (p. 648, 1. 34 f. ):
" Qui etei in Lombardiam famulis
stipatus inermibus accessisset, quia
tamen consilii fidelis oblitus in partem
Cremonensium cedens actor factus
est scismatis, scissamque in dis-
cordias Lombardiam fortius soindere
et Mediolanenses a se terroribus et
minis abigere studuit, quos cum
adversa parte ad unitetem trahere
potius debuit in funiculis caritatis,
non est quod nostra imputetur inno-
centie, si spe frustratus in Apuliam
rediit. " With regard to Frederick's
assertion that Gregory could not place
him under excommunication, the Pope
pointed out that he thus implicitly
denied the power of Peter and his
successors to bind and to loose
(p. 653, 1. 34 f. ). " Set quia minus
bene ab aliquibus credi posset, quod
se verbis non illaqueavrerit oris sui,
probationes in fidei victoriam sumt
parato, quod iste rex pestilentie a
tribus barrattatoribus, ut eius verbis
utamur, scilicet Christo Iesu, Moyse
et Machometo, totum mundum fuisse
deceptum, . . . insuper dilucida voce
afflrmare vel potius mentiri presump-
sit, quod omnes illi sunt fatui, qui
credunt nasci de virgine Deum, qui
creavit naturam et omnia, potuisse ; "
? H. B. , vol. v. p. 348 f. Frederick
answers the papal charges : " Cardi-
nales adhortatus ut summum ponti-
ficem a suis illicitis motibus oompes-
cant; alioquin timeant ne ad ultiones
cesareas ipse procedere eogatur. ''
Frederick commences his letter by
comparing the Papacy and the empire
to the sun and moon: " ut et si so
multotiens ex obliquo respiciant, unum
tamen alterum non offendit; immo
quod est superius inferiori suam oom-
municat claritatem. "
Frederick gives a confession of faith,
and declares as regards Mahomet,
" corpus in sere pendere didicimus,
obsessum demonibus, animam Inferni
? ? cruciatibus deditam. " Frederick is
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? CHAP, in. ] FREDERICK IX, HONOEIUS m. , GREGORY IX. 289
Frederick's territories, and the Venetians undertook to pro-
vide a certain number of ships for the seizure of the kingdom
of Sicily. The Pope, on the other hand, gave them certain
fiefs and privileges in the kingdom, and undertook that the
Church would provide for the fulfilment of this agreement
in case it made over the " regnum " to any one else. He also
provided that Venice should be included in case the Church
and Frederick made peace. 1
Gregory appealed to Louis IX. to help him against Frederick.
In his letter he repeated his charge of heresy in connection
with the question of the virgin birth. 2 We have not got
Louis' reply, but we know from a letter that he wrote the
emperor that he refused to give any assistance. 3 Attempts
1 Epis. Sae. XIII. , vol. i. 833, 23rd
September 1239. Agreement of Vene-
tians to supply galleys for the con-
quest of Sicily, &c. L. C. , 834, 24th
September. Grant of fiefs to the doge
and " commune" of the Venetians
in places in the Sicilian kingdom
occupied by them. " tibi et per te
communitati predicte, postquam ea
fuerint occupata, in feudum perpetuum
concedemus. " L. c. , 835, same date,
undertaking that these pacta are to
be observed by any person to whom
the kingdom may be made over by
the Papacy. L. c. , 838, same date.
A promise that should peace be made
with Frederick the Venetians would
be included.
? H. -B. , vol. v. 457, 21st October
1239. Gregory to Louis IX. "Hinc
est quod nos Christi qui pro salute
hominis descendens e celis ad prodi-
candum evagelium in universum muu-
dum transmisit apostolos, exemplo
compulsi, ad te precipuum, te car is-
simum Ecclesie filium, te speciale sub-
sidium, te refugium singulare, vene-
rabilem fratrem nostrum episcopum
1'enestrinum . . . officio sibi legationis
commisso pro defensione fidei pro qua
laborare tenetur quilibet qui Christiana
professione censetur, dirigimus et per
VOL. V.
eum in tante necessitatis articulo tui
brachii auxilium invocamus. Cum
enim pugnare pro eripienda Terra
Sancta de m&nibus paganorum sit
perpetue vite meritorium, multo ma-
jor is meriti ease credit ur si eorum qui
oxterminium fidei in qua salus totius
mundi consistit et Ecclesie machi-
nantur generalia excidium, impietas
expugnetur. Speramus autem et pro
firmo tenemus quod Jhesu Christo qui
pro redemptione tua servi formam
acoipiens proprium sanguinem erudeli
perforatus lancea fundere et in oruce
mortis voluit subire tormentum, qui
diebus istis a dicto F. eum asserento
in utero Virginis minime descendisse,
crudeliter in se et membris suis ac
multipliciter impugnatur, curabis tan-
quam atlete dominicus potenter aseis-
tere, et honorem Christi cui nulla debes
vel potes ratione deesse et Ecclesie
? ? spouse sue, bonum statum fidei et
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? 290
[PAKT H.
TEMPORAL AND SPIRITUAL POWERS.
were also made to stir up a crusade against Frederick, as, for
instance, in Hungary. 1
The papal party in Germany endeavoured to induce some
foreign prince to stand as a candidate for the empire, but
no one could be got to come forward. 2
Frederick, on the other hand, wrote early in 1240, in
answer to a letter from the Archbishop of Messina, that
he had tried by humility to obtain the Pope's favour, but
as this had failed he was resolved now to adopt a different
course, and to recover from the Pope the lands long held
by the empire. 3 He justified his action to Henry III. ,
and gave an account of the machinations of the Pope, who
had stirred up rebellion in the Mark of Treviso and in
Eavenna. *
In April and May 1240 a number of German princes endeav-
oured to get the Pope to agree to the opening of peace nego-
tiations, as Frederick had declared he was prepared " stare
1 L. c. , vol. v. 1095, 12th February
1241. Gregory to his subdeacon, John
de Ciudale. " Cum tibi duxerimus
injungendum ut contra Friderioum in
Ungarie regno verbum cruris propo-
neres et nonnulli in dicto regno in
Terre Sancte subsidium susceperint
signum cruris, ex quo impedimentum
non modicum tuo proposito generatur,
nos devotioni tue ut vota crucesigna-
torum ipsorum in defensionem Ecclesie
contra Friderioum eumdem, si eorum
ad id consensus accesserit, commutare
valeas. "
* Hoefler Albert v. Beham, &c. , p.
22, 5th September 1270. Letter from
Albert to the Pope. " Cseterum, Pater
Sancte ! scire cupio Sanotitatem ves-
tram, ita tamen, pie pater I ut sepul-
tum maneat in seternum, quod electio
regis in Alamannia retardatur, quia
junior rex Dacis e a proposito omnino
recessit, patre suo dissuadente et lapsu
regis Bohemise faciente, fit tamen
novus tractatus super hos circa ducem
Austrise et filium sanctse Elizabeth,
et quid possit apud illos inveniri,
adhuo ignoramus, et si secrotissimum
cordium principum Alamannise, spiri-
tualium et secularium, scire cupitis
et de omnibus ad ecclesise honorem
informari, quodsi et per vos, tantum
sine electione principum et tantum de
bona voluntate ipsorum novum cupitis
regem creare*' to bid the Bishop of
Strassburg to send him " nobilem
virum Henricum de Neiffe. "
? H. -B. , vol. v. p. 707 f. Frederick
to the Archbishop of Messina, 2nd
February 1210. Frederick announces
that '* Cum autem non fuerit in sede
Petri qui patientie nostre longanimi-
tatem et innocentie causam attenderet,
qui servitiorum nostrorum et munerum
memor existeret . . . viam alteram
eligentes proposuimus in manu forti
procedere; cum apud ipsum nobis
humilitas nil prodesset, disposuimus
firmiter irrevooabili proposito mentis
? ? nostre ducatum et marchiam et terras
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? CHAP, in. ] FREDERICK II. , HONORIUS HI. , GREGORY IX. 291
iuri," 1 and negotiations commenced, but broke down, accord-
ing to Frederick, because the Pope insisted on the Lombards
being included in the truce. 2 Hereupon Gregory decided to
call a General Council. Frederick at once wrote a letter of
protest to the cardinal bishop of Ostia, against a council
summoned by an enemy, both of the empire, and of himself.
He suspected the purpose was not peace, but discord, inas-
much as it was not called by the cardinals or by some
person mutually agreed upon. Before it was called, peace
negotiations should have been instituted. 3 In September,
Frederick issued an encyclical explaining why negotiations
had broken down, and refusing to permit the holding of a
council called by Gregory, also stating that he was determined
not to allow a truce to the Lombards. * Gregory's reply was
a second summons for a General Council. Frederick main-
tained his opposition, and towards the end of the year he
wrote Louis IX. explaining his reason for preventing the
holding of the council while declaring himself at all times
ready for the peace which the Pope had refused on account
of the Milanese. 5 In February 1241 he gave orders to all
his " fldeles " not to allow any clerics to come to the
1 M. G. H. , ' Const. ,' ii. 225-232.
Letters of a number of German princes,
ecclesiastical and secular, April and
May 1240.
? L. c. , 233, 13th September 1240,
p. 319.
>> H. -B. , vol. v. p. 1028 f. , end of
August 1240. Frederick to the cardinal
bishop of Ostia. " Nuper enim audi-
vimus, undo justissima ratione move-
mur, quod nobis excogitati consilii,
qualitatis ejus et temporis prorsus
ignaris, per summum pontificem adhuc
publicum hostom imperii et nostrum
capitalisshnum inimicum pro pacis
negotio, licet hoc vocationis emisse
forma non exprimat, concilium con-
vocatur; illo simpliciter annotato
quod pro magnis et arduis Ecclesie
Romano negotiis cismarininorum pre-
latorum et principum synodus evoce-
tur. Verum quecumque sit causa
vocationis hujusmodi litteris ad pub-
licam famam tacita vel expressa, soitis
tamen suspicionis nostra causam per-
lucide et indicia manifesta quod non
pro nobis nec pro pace, sed contra nos
et pro discordia potius tale concilium
convocatur, dum non a vobis vel
saltem communiter electe persone, sed
ab inimico nostro et nonnulli nostri
culminis inimici vocantur. Prius igitur
tractari pax inter nos debuit et trac-
tate firman quam a tam remotis
partibus pacis suffragia quererentur.
Nos enim in hoo inimicorum noetrorum
qui de primo vel ultimo se offerunt,
superbiam non timeremus, si cum eo
pacem habebimus quem patrem habere,
si datum esset desuper, deberemus in
terns. "
' M. G. H. , ' Const,' ii. 233, 13th
September 1240.
? ? << H. -B. , vol. v. p. 1076.
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? 292
[PABT II.
TEMPORAL AND SPIRITUAL POWERS.
council called by the Pope, and if necessary to capture
them. 1
Gregory had hired ships from the Genoese to take to the
council those wishing to attend. Frederick's fleet attacked
and defeated the Genoese, and a number of dignitaries of
the Church, including several cardinals, were captured.
A remarkable feature in the years that succeeded Frederick's
excommunication is the small effect that it apparently had on
the laity. Notwithstanding the general promulgation of the
sentence of excommunication and the charges of heresy pub-
lished against the emperor, as we have seen not even a pious
king like Louis IX. could be induced to support the Pope. 2
On the 22nd August Gregory died.
1 M. G. H. , ' Const. ,' ii. 234, end of
1240.
Frederick speaks of the council
summoned by Gregory as a " synodum
generale," p. 321, 1. 26-7.
* Although Henry III. and Louis IX.
gave no assistance themselves to the
Pope, they did not prevent the pub-
lication of the sentence of excom-
munication by their clergy, nor did
they prevent the clergy from giving
pecuniary contributions to the papal
cause.
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? 293
CHAPTER IV.
FREDERICK II. AND INNOCENT IV.
After the death of Gregory IX. there was a long vacancy
in the papal See, broken only for a few days by the election
of Celestine IV. on the 25th October 1241. He died on the
10th November following, and it was not till June 1243 that
the vacancy came to an end by the election on the 25th of that
month of Innocent IV. , a Genoese of the Fieschi family. Soon
after his election, Frederick wrote him announcing the despatch
of an embassy. 1 Negotiations commenced but broke down
in September. On the 23rd of that month Innocent wrote
Gregory de Montelongo, his legate in Lombardy, that the
emperor had asked him to enter into peace negotiations, and
he had agreed as a true lover of peace and as Frederick would,
after his usual fashion, have defamed the Church had he not
consented. He had accordingly sent a " forma pacis " laying
down conditions from which the Church, its faithful adherents,
and the emperor would all have benefited, but Frederick
would not accept them, and sent in his turn envoys with
proposals unacceptable to the Pope. Innocent directed his
legate to inform the adherents of the Church that he would
only re-establish peace on terms satisfactory (expediens) to
the Church and its adherents. 2 Negotiations began again,
but while they were going on active hostilities recommenced,
1 M. O. H. , * Const. ,' ii. 239, 26th by Innocent ran as follows (M. O. H. ,
June 1243. ' Const. ,' ii. 240): " Item hoc autem
* Epis. Sae. XIII. , vol. ii. 22, 23rd sciat princeps, quod omnesj amicos et
September 1243 ; see also Win. Ac. , adherentes ecclesie vult ecclesia in pace
i.
? 284 TEMPORAL AND SPIRITUAL POWERS. [PABT II.
justice to both parties ; thus placing itself in a false position
of which Frederick took full advantage in his letters.
Sentence of excommunication was given on the 20th March
1239. Sixteen grounds are given, of which eleven relate to
Frederick's behaviour in his Sicilian kingdom. 1 In three of
these charges breaches are alleged of the treaty of 1230.
Other charges relate to Frederick's attempts to stir up the
Eomans against the Pope, and to his occupation of Sardinia
and of other lands belonging to the Church. There is also
a general charge that Frederick put obstacles in the way of
relieving the Holy Land and of helping the Greek empire.
It is significant, as already pointed out, that no mention is
made of the Lombards, as in the corresponding charge sent
some months before to the German bishops. 4
1 H. -B. , vol. v. p. 286 f. , 20th March
1239. Of the grounds of excommuni-
cation, sixteen in number, eleven re-
ferred to Sicily, and in three of these
a breach of the conditions of the peace
in 1230 is alleged. The other charges
are: "(1) Pro eo quod contra
Roman am Ecclesiam seditionem movit
in urbe, per quod intendit ponti-
ficem et fratres a sua sede repellere.
(2) Pro eo quod. . . . Prenestinum
episcopum, Apostolica sede legatum,
ne in sua legatione prooederet . . . in
Albigensium partibus . . . per quosdam
fideles suos impediri mandavit. (3) Pro
eo quod nepotem regis Tunici venien-
tem ad Ecclesiam Romanam pro susci-
piendo baptismatis sacramento, detinet
nec venire permisit. (4) Quod terras
Ecclesie, scilicet Ferrariam . . . et ter-
ram Sardinie ocoupavit, contra jura-
mentum quo super hoc Ecclesie tenetur
temere veniendo. (5) quod per ipsum
impeditur negotium Torre Sancte et
reparatio imperii Romanic. " There
is no express reference to Lombardy.
The Pope adds to the grounds of
excommunication : " Porro pro omni-
bus et singulis supradictis pro quibus
dictus Fredericus a nobis diligenter
fuit admonitus et frequenter nec
parere curavit, eumdem Fredericum
exoommunicationis et anathematis vin-
culo innodamus. " He also declared :
'* Ceterum quia idem Fredericus de
dictis et factis auis, multis claman-
tibus per universum quasi orbem quod
de catholica fide recte non sentiat, est
graviter diffamatus, nos dante Domino
super hoc loco suo et tempore proce-
demus, secundum quod in talibus
requirit ordo juris. " He also an-
nounced : " Super oppresaionibus vero
et aliis gravamiribus nobilium, pau-
perum, viduarum, orphanorum et
aliorum de regno, pro quibus idem
Fredericus alias juravit stare man-
datis Ecclesie, ipsum intendimus ad-
monere et in ipso negotio, dante
Domino, procedemus sicut juste fuerit
procodendum. " Frederick is called
" dictus imperator," or only Frederick,
and the Pope released all bound to
him by an oath of fidelity so long as
? ? he remained under excommunication.
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? CHAP. III. ] FREDERICK H. , HONORITJS III. , GREGORY IX. 285
Frederick asserted over and over again that his quarrel
with the Lombards was the real cause of his rupture with
the Church, and whether it was the only cause or not, it is
difficult to believe that it was not the principal cause, and
that other differences could not have been peaceably settled.
A notable feature in the proceedings that followed Frederick's
excommunication is the appeal to public opinion on both sides.
A month after his excommunication the emperor issued an
encyclical to show his innocence to princes and peoples alike.
He told at some length the story of his relations with Gregory,
and of the injustice he had suffered at his hands. He accused
him of having written the Sultan not to cede to him any of
the holy places. He also accused him of asking for his support
for Viterbo against the Eomans, while he secretly wrote to the
Eomans that his (Frederick's) action was taken without the
Pope's knowledge or desire (preter suam conscientiam et
mandatum). He spoke of his unjust decisions in Lombard
affairs, his support of the rebels, and his unfair demand that
he should place himself unreservedly in the Pope's hands.
He mentioned the Pope's sudden change of front in the
negotiations in the autumn of 1238, and how he had excom-
municated him on hearing that he was prepared to give
immediate satisfaction. He had excommunicated him against
the advice of the wiser cardinals, and had prevented Frederick's
mission getting to Eome.
It was impossible to accept as judge one who had shown
himself a mortal enemy, and who had favoured by word and
deed rebels against the empire; he attributed Gregory's
hostility to his refusal to allow Enzio (the natural son of
Frederick) to marry his niece. He had also shown himself
unworthy of the exercise of pontifical authority by the sup-
" et sic totum fere regnum, quod est
speciale patrimonium beati Petri, pro
quo iuramento fidclitatis apostolice
sedi tenetur et ipsius ligius vassallus
existit, quantum in eo est, in favillam
quasi et cinerem iam redegit; quod si
postquam monitus fuerit a nobis, non
duxerit corrigendum, no* super hoc
actore Domino, sicut expedire videbi-
mus procedemus. "
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? 286 TEMPORAL AND SPIRITUAL POWERS. [PART II.
port he had given to the Milanese, mostly heretics. While
Frederick acknowledged the papal authority, to which all
Christians are subject, Gregory had shown himself unworthy
of office.
He begged the cardinals to call a General Council, to be
attended by secular as well as ecclesiastical dignitaries, in-
cluding his envoys and those of other princes; this Council
he would attend himself, and was prepared to prove all he
had said, and even more.
It was, Frederick stated, the Lombard affair that really
influenced the Pope, though he dared not make this public
because of the scandal it would cause. He had gone so far
as to offer to let him have for his own use all the tithes levied
for the Holy Land, if he would let him settle it. Gregory
had personally sworn to assist the Lombards against the
emperor. 1
1 M. G. H. , ' Const. ,' ii. 215. Ency-
clica accusatoria contra Gregorium IX. ,
20th April 1239. With regard to the
Pope's unworthiness, he writes (p. 296,
1. 36 f. ) : " Alias nobis per talem, quem
merito nostrum iudicem non habemus,
nullum posse fieri reputamus iniuriam,
utpote cum se prius inimicum capi-
talem quam iudicem nostrum et opere
fuerit professus et verbo, rebelles nos-
tros et hostes imperii publico con-
fovendo. (18) Indignum preterea se
tanti cohercione principis et generaliter
qualibet pontificalia auctoritate iudicii
reddidit, dum Mediolanensem civita-
tem, que pro maxima parte testimonio
religiosorum quamplurium fidedigno-
rum inhabitatur hereticis, contra nos
et imperium manifesto favore tuetur
. . . (19) Ilium habere preterea Christi
vicarium et successorem Petri ao dis-
pensatorem animarum fidelium in-
digne fatemur non ob dignitatis iniu-
riam, set ob persone deffectum, qui
dispensatione s cum fratrum delibera-
tione maxima concedendas in camera
sua more mercatoris cuiuslibet in libra
mercationis appendit, celatis fratrum
consiliis, cum quibus secundum eccle-
siasticam disciplinam deliberare tene-
tur, existens sibi bullator et scriptor
et forsitan etiam numerator. . . .
(21) Itaquenonmireturuniversaliseccle-
sia nec populus christianus, si nos talis
sentencias iudicis non veremur, non
in contemptu papalis officii vel appos-
tolice dignitatis, cui omnes ortodosse
fidei professores et nos specialius ceteris
subesse fatemur, set persone prevarica-
tionem arguimus, que se solio tanti
regiminis monstravit indignam. . . .
(p. 297, 1. 30 f. ), eoce quod sacrosancte
Romane ecclesie cardinales per san-
guinem Iesu Christi et sub attestatione
divini iudicii per nuncios nostros et
litteras at testamur, ut generale con-
cilium prelatorum et aliorum Christi
fidelium debeant evocare; nunciis
etiam vestris et reliquorum principum
accersitis, in quorum presencia nos ipsi
presentes cuncta que diximus sum us
hostendere et probare parati, et his
? ? etiam duriora. "
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? CHAP, m. ] FREDERICK H. , HONORIUS HI. , GREGORY IX. 287
The Pope's reply followed two months later, and when
it came, it was even more violent. Frederick is the beast
full of blasphemy of the Apocalypse, a fabricator of false-
hoods, a vessel filled with abominations, a supporter of
the wicked, one who delights to be called the forerunner
of Antichrist.
Gregory told the story of Frederick's protection by the
Church, in Sicily during his childhood and later on in Ger-
many, and of his own friendship. He repeated the old charges
in connection with the crusade, the invasion of the papal
patrimony, and his misdeeds in Sicily, which he had almost
reduced to ashes by his greed for money, and where he had
endeavoured by bribes to get his way in spiritual matters. As
regards Lombardy, the emperor had brought his troubles on
himself by using force, notwithstanding the Pope's warning,
and even when he had gone there without any military force,
he had spoiled his case by taking sides. So far had the Pope
been from putting difficulties in his way that when Frederick
entered Lombardy with armed forces, he had suspended the
interdict, during the time of Frederick's stay, from any town
subject to it. He defended again as in previous letters his
appointment of the Bishop of Palestrina as legate. He had
never offered Frederick the tithes, and denied as figments
Frederick's tales about Viterbo and other places, while as
regards Enzio and his niece, it was Frederick who desired the
marriage. He had shown his heretical tendencies by denying
the Church the power of binding and loosing, and evidence
omnium re gum et principum humiliatio
creditur, si cesaris Romani potencia,
cuius clipeus prima iacula sustinet,
conteratur. Hec est namque causa
pro vero, videlicet de Lombardis,
que cor pape pungebat et urebat
intrinsecus, licet ipsam foris educe ro
propter vestrum et audientium om-
nium scandalum non auderet. Pro
qua nobis per epecialem nuncium suum
fide dignissimum, cuius ad hec testi-
monium invocamus, oretenus exprese
promisit, quod si negocium Lombar-
dorum in eius arbitrio poneremus,
nedum quod in aliquo magnificentium
nostram o&enderet, verum etiam tocius
or bis decimas Terre Sancte necessai-
tatibus consecratas nostris utibtatibus
applicabat. (2S) Nec est mirum; in stan-
tibus etinem et accutis Lombardorum
aculeis pungebatur, quibus, prout per
aliquorum prelatorum confessionem
accepimus, contra nos et imperium
corporale prestitit sacramentum, cum
ipsos, peregrinantibus nobis in partibus
Syrie pro servicio Iesu Christi, trans-
mis it in Regnum. "
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? 288
[PABT n.
TEMPORAL AND SPIRITUAL POWERS.
would be forthcoming that he had declared the whole world
to be deceived by three impostors--Christ, Moses, and
Mahomet,--and that he had denied the possibility of the
virgin birth. 1
Frederick replied at once to the cardinals, protesting his
orthodoxy, and defending his refusal to allow Gregory the
power of binding and loosing, as he was no true pontiff. 2
Meanwhile Gregory made preparations to carry the war into
1 Epis. Sao. XHi. , vol. i. 760.
Gregory to the Archbishop of Rheims
and his suffragans, 12th July 1239.
He begins his letter by an attack on
Frederick, " Ascendit de mari bestia
blasphemie plena nominibus . . . os
suum in blasphemias divini nominis
aperit. . . . " With regard to the
origin of his troubles in Lombardy,
the Pope remarks (p. 648, 1. 34 f. ):
" Qui etei in Lombardiam famulis
stipatus inermibus accessisset, quia
tamen consilii fidelis oblitus in partem
Cremonensium cedens actor factus
est scismatis, scissamque in dis-
cordias Lombardiam fortius soindere
et Mediolanenses a se terroribus et
minis abigere studuit, quos cum
adversa parte ad unitetem trahere
potius debuit in funiculis caritatis,
non est quod nostra imputetur inno-
centie, si spe frustratus in Apuliam
rediit. " With regard to Frederick's
assertion that Gregory could not place
him under excommunication, the Pope
pointed out that he thus implicitly
denied the power of Peter and his
successors to bind and to loose
(p. 653, 1. 34 f. ). " Set quia minus
bene ab aliquibus credi posset, quod
se verbis non illaqueavrerit oris sui,
probationes in fidei victoriam sumt
parato, quod iste rex pestilentie a
tribus barrattatoribus, ut eius verbis
utamur, scilicet Christo Iesu, Moyse
et Machometo, totum mundum fuisse
deceptum, . . . insuper dilucida voce
afflrmare vel potius mentiri presump-
sit, quod omnes illi sunt fatui, qui
credunt nasci de virgine Deum, qui
creavit naturam et omnia, potuisse ; "
? H. B. , vol. v. p. 348 f. Frederick
answers the papal charges : " Cardi-
nales adhortatus ut summum ponti-
ficem a suis illicitis motibus oompes-
cant; alioquin timeant ne ad ultiones
cesareas ipse procedere eogatur. ''
Frederick commences his letter by
comparing the Papacy and the empire
to the sun and moon: " ut et si so
multotiens ex obliquo respiciant, unum
tamen alterum non offendit; immo
quod est superius inferiori suam oom-
municat claritatem. "
Frederick gives a confession of faith,
and declares as regards Mahomet,
" corpus in sere pendere didicimus,
obsessum demonibus, animam Inferni
? ? cruciatibus deditam. " Frederick is
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? CHAP, in. ] FREDERICK IX, HONOEIUS m. , GREGORY IX. 289
Frederick's territories, and the Venetians undertook to pro-
vide a certain number of ships for the seizure of the kingdom
of Sicily. The Pope, on the other hand, gave them certain
fiefs and privileges in the kingdom, and undertook that the
Church would provide for the fulfilment of this agreement
in case it made over the " regnum " to any one else. He also
provided that Venice should be included in case the Church
and Frederick made peace. 1
Gregory appealed to Louis IX. to help him against Frederick.
In his letter he repeated his charge of heresy in connection
with the question of the virgin birth. 2 We have not got
Louis' reply, but we know from a letter that he wrote the
emperor that he refused to give any assistance. 3 Attempts
1 Epis. Sae. XIII. , vol. i. 833, 23rd
September 1239. Agreement of Vene-
tians to supply galleys for the con-
quest of Sicily, &c. L. C. , 834, 24th
September. Grant of fiefs to the doge
and " commune" of the Venetians
in places in the Sicilian kingdom
occupied by them. " tibi et per te
communitati predicte, postquam ea
fuerint occupata, in feudum perpetuum
concedemus. " L. c. , 835, same date,
undertaking that these pacta are to
be observed by any person to whom
the kingdom may be made over by
the Papacy. L. c. , 838, same date.
A promise that should peace be made
with Frederick the Venetians would
be included.
? H. -B. , vol. v. 457, 21st October
1239. Gregory to Louis IX. "Hinc
est quod nos Christi qui pro salute
hominis descendens e celis ad prodi-
candum evagelium in universum muu-
dum transmisit apostolos, exemplo
compulsi, ad te precipuum, te car is-
simum Ecclesie filium, te speciale sub-
sidium, te refugium singulare, vene-
rabilem fratrem nostrum episcopum
1'enestrinum . . . officio sibi legationis
commisso pro defensione fidei pro qua
laborare tenetur quilibet qui Christiana
professione censetur, dirigimus et per
VOL. V.
eum in tante necessitatis articulo tui
brachii auxilium invocamus. Cum
enim pugnare pro eripienda Terra
Sancta de m&nibus paganorum sit
perpetue vite meritorium, multo ma-
jor is meriti ease credit ur si eorum qui
oxterminium fidei in qua salus totius
mundi consistit et Ecclesie machi-
nantur generalia excidium, impietas
expugnetur. Speramus autem et pro
firmo tenemus quod Jhesu Christo qui
pro redemptione tua servi formam
acoipiens proprium sanguinem erudeli
perforatus lancea fundere et in oruce
mortis voluit subire tormentum, qui
diebus istis a dicto F. eum asserento
in utero Virginis minime descendisse,
crudeliter in se et membris suis ac
multipliciter impugnatur, curabis tan-
quam atlete dominicus potenter aseis-
tere, et honorem Christi cui nulla debes
vel potes ratione deesse et Ecclesie
? ? spouse sue, bonum statum fidei et
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? 290
[PAKT H.
TEMPORAL AND SPIRITUAL POWERS.
were also made to stir up a crusade against Frederick, as, for
instance, in Hungary. 1
The papal party in Germany endeavoured to induce some
foreign prince to stand as a candidate for the empire, but
no one could be got to come forward. 2
Frederick, on the other hand, wrote early in 1240, in
answer to a letter from the Archbishop of Messina, that
he had tried by humility to obtain the Pope's favour, but
as this had failed he was resolved now to adopt a different
course, and to recover from the Pope the lands long held
by the empire. 3 He justified his action to Henry III. ,
and gave an account of the machinations of the Pope, who
had stirred up rebellion in the Mark of Treviso and in
Eavenna. *
In April and May 1240 a number of German princes endeav-
oured to get the Pope to agree to the opening of peace nego-
tiations, as Frederick had declared he was prepared " stare
1 L. c. , vol. v. 1095, 12th February
1241. Gregory to his subdeacon, John
de Ciudale. " Cum tibi duxerimus
injungendum ut contra Friderioum in
Ungarie regno verbum cruris propo-
neres et nonnulli in dicto regno in
Terre Sancte subsidium susceperint
signum cruris, ex quo impedimentum
non modicum tuo proposito generatur,
nos devotioni tue ut vota crucesigna-
torum ipsorum in defensionem Ecclesie
contra Friderioum eumdem, si eorum
ad id consensus accesserit, commutare
valeas. "
* Hoefler Albert v. Beham, &c. , p.
22, 5th September 1270. Letter from
Albert to the Pope. " Cseterum, Pater
Sancte ! scire cupio Sanotitatem ves-
tram, ita tamen, pie pater I ut sepul-
tum maneat in seternum, quod electio
regis in Alamannia retardatur, quia
junior rex Dacis e a proposito omnino
recessit, patre suo dissuadente et lapsu
regis Bohemise faciente, fit tamen
novus tractatus super hos circa ducem
Austrise et filium sanctse Elizabeth,
et quid possit apud illos inveniri,
adhuo ignoramus, et si secrotissimum
cordium principum Alamannise, spiri-
tualium et secularium, scire cupitis
et de omnibus ad ecclesise honorem
informari, quodsi et per vos, tantum
sine electione principum et tantum de
bona voluntate ipsorum novum cupitis
regem creare*' to bid the Bishop of
Strassburg to send him " nobilem
virum Henricum de Neiffe. "
? H. -B. , vol. v. p. 707 f. Frederick
to the Archbishop of Messina, 2nd
February 1210. Frederick announces
that '* Cum autem non fuerit in sede
Petri qui patientie nostre longanimi-
tatem et innocentie causam attenderet,
qui servitiorum nostrorum et munerum
memor existeret . . . viam alteram
eligentes proposuimus in manu forti
procedere; cum apud ipsum nobis
humilitas nil prodesset, disposuimus
firmiter irrevooabili proposito mentis
? ? nostre ducatum et marchiam et terras
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? CHAP, in. ] FREDERICK II. , HONORIUS HI. , GREGORY IX. 291
iuri," 1 and negotiations commenced, but broke down, accord-
ing to Frederick, because the Pope insisted on the Lombards
being included in the truce. 2 Hereupon Gregory decided to
call a General Council. Frederick at once wrote a letter of
protest to the cardinal bishop of Ostia, against a council
summoned by an enemy, both of the empire, and of himself.
He suspected the purpose was not peace, but discord, inas-
much as it was not called by the cardinals or by some
person mutually agreed upon. Before it was called, peace
negotiations should have been instituted. 3 In September,
Frederick issued an encyclical explaining why negotiations
had broken down, and refusing to permit the holding of a
council called by Gregory, also stating that he was determined
not to allow a truce to the Lombards. * Gregory's reply was
a second summons for a General Council. Frederick main-
tained his opposition, and towards the end of the year he
wrote Louis IX. explaining his reason for preventing the
holding of the council while declaring himself at all times
ready for the peace which the Pope had refused on account
of the Milanese. 5 In February 1241 he gave orders to all
his " fldeles " not to allow any clerics to come to the
1 M. G. H. , ' Const. ,' ii. 225-232.
Letters of a number of German princes,
ecclesiastical and secular, April and
May 1240.
? L. c. , 233, 13th September 1240,
p. 319.
>> H. -B. , vol. v. p. 1028 f. , end of
August 1240. Frederick to the cardinal
bishop of Ostia. " Nuper enim audi-
vimus, undo justissima ratione move-
mur, quod nobis excogitati consilii,
qualitatis ejus et temporis prorsus
ignaris, per summum pontificem adhuc
publicum hostom imperii et nostrum
capitalisshnum inimicum pro pacis
negotio, licet hoc vocationis emisse
forma non exprimat, concilium con-
vocatur; illo simpliciter annotato
quod pro magnis et arduis Ecclesie
Romano negotiis cismarininorum pre-
latorum et principum synodus evoce-
tur. Verum quecumque sit causa
vocationis hujusmodi litteris ad pub-
licam famam tacita vel expressa, soitis
tamen suspicionis nostra causam per-
lucide et indicia manifesta quod non
pro nobis nec pro pace, sed contra nos
et pro discordia potius tale concilium
convocatur, dum non a vobis vel
saltem communiter electe persone, sed
ab inimico nostro et nonnulli nostri
culminis inimici vocantur. Prius igitur
tractari pax inter nos debuit et trac-
tate firman quam a tam remotis
partibus pacis suffragia quererentur.
Nos enim in hoo inimicorum noetrorum
qui de primo vel ultimo se offerunt,
superbiam non timeremus, si cum eo
pacem habebimus quem patrem habere,
si datum esset desuper, deberemus in
terns. "
' M. G. H. , ' Const,' ii. 233, 13th
September 1240.
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[PABT II.
TEMPORAL AND SPIRITUAL POWERS.
council called by the Pope, and if necessary to capture
them. 1
Gregory had hired ships from the Genoese to take to the
council those wishing to attend. Frederick's fleet attacked
and defeated the Genoese, and a number of dignitaries of
the Church, including several cardinals, were captured.
A remarkable feature in the years that succeeded Frederick's
excommunication is the small effect that it apparently had on
the laity. Notwithstanding the general promulgation of the
sentence of excommunication and the charges of heresy pub-
lished against the emperor, as we have seen not even a pious
king like Louis IX. could be induced to support the Pope. 2
On the 22nd August Gregory died.
1 M. G. H. , ' Const. ,' ii. 234, end of
1240.
Frederick speaks of the council
summoned by Gregory as a " synodum
generale," p. 321, 1. 26-7.
* Although Henry III. and Louis IX.
gave no assistance themselves to the
Pope, they did not prevent the pub-
lication of the sentence of excom-
munication by their clergy, nor did
they prevent the clergy from giving
pecuniary contributions to the papal
cause.
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CHAPTER IV.
FREDERICK II. AND INNOCENT IV.
After the death of Gregory IX. there was a long vacancy
in the papal See, broken only for a few days by the election
of Celestine IV. on the 25th October 1241. He died on the
10th November following, and it was not till June 1243 that
the vacancy came to an end by the election on the 25th of that
month of Innocent IV. , a Genoese of the Fieschi family. Soon
after his election, Frederick wrote him announcing the despatch
of an embassy. 1 Negotiations commenced but broke down
in September. On the 23rd of that month Innocent wrote
Gregory de Montelongo, his legate in Lombardy, that the
emperor had asked him to enter into peace negotiations, and
he had agreed as a true lover of peace and as Frederick would,
after his usual fashion, have defamed the Church had he not
consented. He had accordingly sent a " forma pacis " laying
down conditions from which the Church, its faithful adherents,
and the emperor would all have benefited, but Frederick
would not accept them, and sent in his turn envoys with
proposals unacceptable to the Pope. Innocent directed his
legate to inform the adherents of the Church that he would
only re-establish peace on terms satisfactory (expediens) to
the Church and its adherents. 2 Negotiations began again,
but while they were going on active hostilities recommenced,
1 M. O. H. , * Const. ,' ii. 239, 26th by Innocent ran as follows (M. O. H. ,
June 1243. ' Const. ,' ii. 240): " Item hoc autem
* Epis. Sae. XIII. , vol. ii. 22, 23rd sciat princeps, quod omnesj amicos et
September 1243 ; see also Win. Ac. , adherentes ecclesie vult ecclesia in pace
i.
