5 In the
beginning
of June Frederick
wrote the cardinals.
wrote the cardinals.
Thomas Carlyle
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. 705, 22nd June 1244, to the podesta ponere ac plena securitate gaudere,
council and people of Mantua. One quod nusquam hac occasione possit
of the conditions of peace proposed subire aliquod discrimen. "
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? 294
TEMPORAL AND . SPIRITUAL POWERS. I. PABT IT.
as Cardinal Earner, who had been appointed by Innocent
Bishop of Viterbo, succeeded in recapturing it from the
Imperialists. 1 Later on negotiations were resumed, but made
no progress till, at the suggestion of Louis IX. , Eaymond of
Toulouse was released from excommunication to enable him
to be an intermediary between the Pope and the emperor. 2
Conditions of peace were now at last drawn up, and on the
28th March Frederick gave his assent to all that might be
done by Peter de Vineis and Thadeus of Suessa to carry out
these provisions. Among other conditions it was provided
that Frederick was to let all the world know that his dis-
obedience to the order of excommunication was not due to
contempt of the keys, but to the fact that he was advised
that till the order was formally communicated to him he was
not bound by it; that he now recognised his error, and that
he knew and believed that the Pope, even if a sinner, had
full power over the emperor and over all other Christians in
spiritual matters. He was to submit to the orders of the
Church as to the atonement to be made. He was also to
give such compensation as might be ordered by the Church
for wrongs done to it, saving always his rights and honours
and the maintenance intact of his empire and kingdom. So
far as those were concerned who had taken the side of the
Church after his excommunication, their offences were all to
be forgiven, whether committed before or after that time.
In the case of those at war with him at the time of his excom-
munication (i. e. , the Lombards), all offences committed after
that date were to be forgiven. So far as offences committed
before that date were concerned, the emperor would accept
the decision of the Pope and of the cardinals, to be given
within a time to be fixed by the Pope. 3 The specially im-
1 Win. Ac. , i. 374, 1243.
? Epis. Sae. XiH. , vol. ii. 45, 12th
December 1243. Letter of Pope to
Louis IX. informing him that he had
at his request taken the Count of
Toulouse into favour. It would appear
from Frederick's letter about the end
of 1243 (H. -B. , vol. vi. p. 146) the
object was to enable him to act as
negotiator for Frederick with the
Church.
>> M. O. H. , ' Const. ,' ii. 247 of 28th
March 1244, is the " facultas " given
by the emperor to his envoys, Peter
de Vinea and Thadeus of Suessa; 248
of the same date is the authority given
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? CHAP. IV. ]
295
FREDERICK II. AND INNOCENT IV.
portant points, so far as we are here concerned, are the un-
qualified admission of the Pope's right to excommunicate and
the emperor's duty to submit; the distinction between the
Lombards and other enemies ; and the submission to the
Pope's decision of the offences committed by the Lombards
prior to Frederick's excommunication. As we shall presently
see, this matter had been considered before the terms were
agreed, and they are not fully intelligible apart from
Frederick's account of the negotiations before the settlement
was made.
Peace now seemed secured, but very soon difficulties arose
as to the execution of the terms agreed on, and in the end of
April Innocent wrote the Landgrave of Thuringia (Henry
Raspe) that Frederick had chosen to withdraw (resilire) from
his oath rather than to obey. 1 A few months later Frederick
issued an encyclical letter giving his version of the negotia-
tions subsequent to the election of Innocent and up to the
time of his flight to Genoa. The letter was an open letter,
and any incorrect statements could at once be challenged.
According to Frederick he was prepared to comply with
all the conditions laid down, but the Pope refused, and put
to the abovo and to the Count of
Toulouse to swear on his behalf ; 246
of 12th March 1244 contains the terms
of the " satisfactio " to be given by
the emperor. With regard to Frederick's
disobedience in the case of his excom-
munication, article 2 provides : " Super
contemptu clavium scribet dominus
imperator generaliter per totum orbem,
quod in contemptu ecclesie et potes-
tatis ecclesiastice sententiam latam per
dominum G. predecessorum suum non
comtempsit. " He was advised by the
prelates of Germany and Italy that
he was not bound by it until " sibi
denunciaretur. " " Profitatur tamen et
recognoncit bene, quod deliquit in hoc,
non servando, et male fecit, cum bene
sciat et credat fideliter quod tam super
eum quam super omnes christianos,
reges et principes, clericos et laicos,
habet summus pontifex, etiamsi quod
absit peccator existat, quod Deus
avertat, in spiritualibus plenitudinera
potestatis. "
In article 4 the words are, " Iurabit
precise stare mandatis domine papa
et ecclesie ; salva tamen sint ei honores
et iura sua quoad conservacionem
integrani sine aliqua diminucione im-
perii et regnorum suorum. " Thus the
provisions of the " satisfactio " did not
enable the Pope to deal with the
"regalia" and "jura" claimed by
Frederick in Lombardy.
1 Epis. Sae. XIII. , vol. 11. 63, 30th
April 1244. After Frederick had, by
his envoys, given an oath to obey the
orders of the Church, " Super omnibus
articulis, pro quibus per pie memorie
Gregorium papam . . . fuit vinculo
excommunicationis astrictus . . . non
post multos dies elegit resilire potiua
? ? quam parere. "
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? 296 TEMPORAL AND SPIRITUAL POWERS. [pakt II.
off his absolution because the emperor would not submit
unconditionally for his decision the question of his rights
and regalia in Lombardy. The Pope insisted on the immediate
return of all lands to which the Church was entitled, while
other matters were to be reserved for his further considera-
tion. Frederick's envoys demurred, as meanwhile Frederick's
absolution would be in abeyance while he was partially dis-
arming himself. They made various suggestions to safeguard
him and to prevent his absolution being unreasonably with-
held ; but though supported by the Emperor of Constanti-
nople and the Count of Toulouse, they failed. Though it
was not openly given out yet, it was owing to the Lombard
question they failed. This was no fault of the emperor's,
as the matter had been fully discussed before the " forma
satisfactionis" had been finally settled. The Pope had,
before that was done, constantly pressed that the Lombard
question should be submitted to him unconditionally, as
had been done in Gregory's lifetime. It was pointed out
that at that time the Pope and the emperor were friends,
and, moreover, since then the danger of such submissions
to the Church had become apparent. The Pope later on
suggested to omit provisions regarding the release of the
Lombard prisoners, and the giving by them of an oath of
fidelity. Frederick's envoys thought that the Pope meant,
if this were agreed, to effect his object by means of another
clause providing that peace should be given to the Lombards,
and they accordingly made it plain that this clause did not
cover the release of the prisoners, and the clause was in the
end left as it finally stood in the " forma satisfactionis,"
as its meaning had been made plain in the course of the
negotiations.
After the " forma satisfactionis" had been agreed, the
Pope, at the request of the Milanese and other Lombards,
again pressed for the unconditional submission of their quarrel
to himself and to the Church. This the envoys would not
agree to, specially having regard to the great partiality shown
by the Pope to the Lombards and to their cause. The Pope
then demanded the restitution of the lands (claimed by him)
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? CHAP. IV. ] FREDERICK II. AND INNOCENT IV.
297
without any assurance or promise that absolution would be
given to the emperor. Frederick set himself to consider all
possible means by which a rupture could be prevented, and
suggested that the Pope should go to some place in the Cam-
pania, where intercourse with the emperor by envoys (inter
nuncios) would be easy, and where, if necessary, the Pope
and emperor could meet. Frederick made a number of sug-
gestions regarding the disposal of the Lombard question, but
he would not put himself unreservedly in the Pope's hands,
and he also insisted on safeguards for his absolution. Finally,
the Pope, after refusing to go to the Campania, as he at one
time had promised, declared his willingness to go to Eiete.
While, however, the nuncios and the cardinals were on their
way there they heard of the Pope's flight on his way to
Genoa (end of June 1244). 1
1 M. G. H. , ' Const. ,' ii. 262, August
1244. Encyclical of the emperor re-
garding the treaty of peace. It is
addressed (p. 341, 1. 22) omnibus
presentes litteras inspecturis. As re-
gards the breakdown of the negotia-
tions in April, Frederick remarks (p.
345,1. 1 f. ): " Que cum parati essemus
per omnia observare, dominus papa
motus propterea, quia nolebamus in
eum super negotio Lombardorum, de
iuribus et regalibus nostris scilicet
compromittere, negat et differt absolu-
tionom nostram. . . . "
With regard to the negotiations
before the rupture concerning the
Lombards, Frederick writes (p. 346,
1. 14 f. ): " Tandem petiit (i. e. , the
Pope) ut, quia ecclesia se ad hoo
obligaverat Lombardis, quod non alitor
nobiscum pacem faceret nisi poneret
ipsos in pace, ut Lombardis, quos
ecclesie adherentes vocabat, rebelles
imperii pacem daremus et liberaremus
captivos ipsorum. " The Pope raised
an altogether new question (p. 346,
l- 21 f. ): " Dominus papa primo de
Lombardis conveniendis in curia im-
perii retulit questionem, quam Lom-
bardi ipsi nullo tempore ante retule-
rant, cum ipsos de imperio et v assall oh
imperii fore constaret. Perniciosissi-
mum exemplo preterea sepedicti nuncii
fore dicebant, si de iurisdictione vas-
sallorum imperii seu quorumlibet re gum
per dominum pap am questio seu
dubietas aliqua referetur. "
Among other offers with a view to
a settlement he mentions (p. 349,1. 9 f. ):
" Preter priores forma* de negocio
Lombardorum optulimus compromittere
in dominum papam et fratres ita tamen
quod prius omnino rumpatur pro-
missio, protectio et quelibet obligacio
habita inter eum et ecclesiam ex una
parte et Lombard oh ex altera, quia
non deceret nec expediret nobis com-
promittere de negotio imperii, de
quibus est questio inter nos et Lom-
bardos, in protectorem rebellium Lom-
bardorum, et eis super hiis specialiter
obligatum ; et hoc salvo iure et honors
? ? imperii, deduota expressim de com-
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? 298
TEMPORAL AND SPIRITUAL POWERS. [PAST II.
Frederick, however, did not abandon all hopes of a settle-
ment. Towards the end of 1244 he wrote two of the cardinals
that he had implicit confidence in them, and was willing to
trust them with the settlement, provided always that it did
not diminish the dignity of the empire, and that the satis-
faction he had to give did not involve serious injury to it
(nec in satisfactione excallentia iniuriis propulsetur). 1
In April he wrote the Pope he was sending the Patriarch
of Antioch, as he was in hopes he would be able to restore
peace. 2 Innocent wrote the patriarch on the 30th April that
the Church was prepared for peace if Frederick accepted the
conditions laid down in the form proposed by the Church
and accepted by Frederick, released the captives, and restored
the lands of the Church. This must be done before the council
summoned by the Pope met. 3 On the 6th May he wrote
the patriarch a second letter, in which he directed him to
inform the emperor that as soon as Frederick gave satisfaction
for his manifest offence and sufficient security for other cases,
he would absolve him. * A few days before this (18th April)
Innocent had in a sermon cited Frederick to appear before
him at the Lyons Council.
5 In the beginning of June Frederick
wrote the cardinals. In this letter he spoke of them as placed
as lights on a mountain to shine to the nations, and as " fidei
cardines " who rule the house of God. He assured them
that he had been and still was prepared to submit his case
to the Pope, saving his honours, rights, and dignities and
those of his faithful subjects in the empire and in the regnum,
provided the Pope would acknowledge him as his beloved
cione facienda in aliis capitulis que
in forma pacis devenerunt, si dominus
papa committere voluerit totum nego-
cium absolucionis Portuensi et Alba-
nensi episcopis, nos stabimus dicto et
daelaraeioni ipsorum. "
1 L. c. , 254, end of 1244, letter to
the Cardinals of Porto and Albano.
' L. c. , 256, April 1245. The patriarch
also wrote Cardinal Raineirus, 1. e. , 257,
April 1245.
>> L. o. , 258, 30th April 1245.
* L. c. , 259. " Presentium tibi aueto-
ritate mandamus, quatinus prinoipi ex
parte nostra denunties, quod, quam
cito de manifestis offensia, pro qui bus
excommunicatus esse dinoecitur, satis-
fecerit et de dubiis sufficientem presti-
terit cautionem, sibi faciemus munus
absolutionis impendi. "
5 Nicholas de Curbio in bis life of
Innocent IV. Muratori, 8. 8. , vol. iii.
p. 692e.
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? CHAP. IV. ] FREDERICK H. AND INNOCENT IV.
299
son (fllium caritatis paterne debita relatione cognosat). Fear-
ing that he might be prejudiced by action taken in his absence,
and that the Pope might consider that he could lawfully do
as he pleased (dum credat sibi licere quod libeat), and use
the spiritual sword against him " temporaliter," he was send-
ing his servants fully empowered to appeal from any wrong
done to him; first to the living God, and after God to the
future Pope, a general Council, the German princes, and
generally to all kings and princes of the earth and to Chris-
tians generally. 1
Two very violent manifestoes were published about this
time, originating in Italy, and apparently specially intended
to influence the Council against Frederick. He was charged
with seeking to make himself the equal or even superior of
the Pope, and with desiring to appoint him. Sitting in the
temple of God he required prelates and clerics to kiss his
feet as if he were himself divine. He required others to call
him " sacrum. " Both manifestoes accused him of being sur-
rounded by persons in his service who asserted that the soul
of man perished with his body. Popular rumours were re-
peated that he had murdered three of his wives, and that he
had procured the slaughter by Saracens of a number of Chris-
tians in the Holy Land. 2
1 H. -B. , vol. vi. p. 276, beginning
of June 1245. Frederick addresses
the cardinals, who " positi tanquam
luminaria super montem lucetis in
gentibus et velut fldei cardines regitis
domum Dei. " As he is afraid the
Pope " credat sibi licere quod libeat,
spiritualem contra nos gladium tem-
poraliter exerceat et procedat in aliquo
si dici liceat minus juste " and " Dubi-
tantes verumtamen ne vel res inter
alios acta contra jus scriptum juri
nostra prejudicet," his envoys are
authorised " ut a gravamine et iniquo
processu patris ejusdem coram tsm
venerabile cetu patrum primo ad Deum
vivum cujus nutibus attribuimus quic-
quid sumus, et postmodum ad futurum
summum pontificem, ad generalem
synodum, ad principes Alamannie, et
generaliter ad universos re^es et prin-
cipes orbis terre ao ceteros christianos
pro parte nostra libere valeant appel-
lant. "
>> L. c. , p. 278 f. , end of June 1246.
Among other charges, it is alleged in
the first of these documents (p. 279):
" Bed dm his con tent us, molitus est
quasi Lucifer in Ecclesie celum con-
scendere super astra oeli, sponseque
luminaria solium exaltare ac sedem
ponere in lateribus aquilonis, ut esset
similis, imo superior vioario Altissimi,
dum papam create gestivit, dum pre-
sules ac inferiores prelatos et clericos
cepit instituere ac destituere in ecolesiis
juxte velle ; dum sedens in templo
Domini tamquam Dominus facit sibi
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? 300
TEMPORAL AND SPIRITUAL POWERS. [PABT II.
The council summoned by Innocent to Lyons met in due
course, and at the last meeting on the 12th July the Pope
declared Frederick to be deprived of all his honours and
dignities. All bound to Frederick by oaths of fidelity were
released from them in perpetuity, and were forbidden to obey
him as emperor or king. Innocent directed those who had
the right of electing the emperor freely to chose a successor.
He and his cardinals would decide later on how to deal with
the kingdom of Sicily. The Pope gave a brief account of events
up to the time of the oath given by Frederick's envoys on his
behalf. 1 It appeared, according to Innocent, from subsequent
events that he had sworn rather with the object of deceiving
the Church than with any intention of obeying, and he was
therefore compelled in justice to pass sentence on him (iuste
animadvertere in ipsum). The four most serious charges
against him were, frequent perjuries, wilful (temere) violation
of the peace between the Church and the empire, sacrilege
by the capture of cardinals, prelates, and others of the clergy
both regular and secular on their way to a council called by
his predecessor ; finally, suspicion of heresy not on doubtful
and light, but on weighty and clear grounds. The first charge
pedes a presulibus et clericis osculari,
sacrumque nominari se imperans, puniri
capite mandat omnes velut hostes ac
blasphemos qui de suis perversitatibus
mannifestis audent vel tenuiter aliquam
promere veritatem. "
During the vacancy in the papal see
(280), "quasi Deus esset in cathedra
Dei sedere voluit, dum non solum
summum moiitus est creare pontificem
ac sedem Apostolicum subjicere ditioni,
verum etiam cogitavit jus divinum
i mi in pore ac mutare foedus Evangelii
sempiternum. Cumque heberet oornu
potestatis insigne ac os loquens in-
gentia, putavit quod posset mutare
leges et tempora ut prosterneretur
veritas, idioque sermones contra Eccle-
siam protulit et verba blasphemie in
Sloyeem et Dominum. Nam Saduceo-
rum heresim reparare contenders,
animam cum corpore in nihilum resolvi
sui concellanoi asserunt et perire. "
In the second document (1. e. , p. 285 f. ,
beginning of June 1245) among other
charges it is alleged (p. 289) that,
according to " opinio vulgata," three
of his wives were poisoned. It repeats
the charge of heresy, " eo quod, sicut
sui domestici asserunt, anima hominis
perit cum corpore, juxta Saduceorum
heresim . . . " and ends with the sugges-
tion that a number of the faithful in
Palestine " procurante ut asseritur is to
persecutor callido, gladiis nuper occu-
buit impiorum Sarracenorum . . . quod
si verum forte constiterit, omnis pena
vinceratur a tanto scelere, omnis ultio
esset insufficiens ad vindictam, si
vigeret zelus Domini tarn in clero quam
in populo christiano. "
1 Epis. Sae. XIII. , vol. ii. 124, 17th
? ? July 1245.
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? CHAP. IV. ] FREDERICK II. AND INNOCENT IV.
301
was based on the breach by Frederick of his oath thrice
repeated to respect and in good faith to protect the honours,
rights, and possessions of the Roman Church, and to restore
any of them that might fall into his hands. Despite these
oaths he addressed abusive (comminatoria) letters to Gregory
and to his brothers (i. e. , the cardinals), and he defamed
Gregory. He had legates of the Apostolic See seized and
imprisoned. He despised the privileges of the keys, declar-
ing that he took no account of the sentence of Gregory, and
he disregarded his excommunication, compelling others also
not to observe it. He had occupied and still held lands the
property of the Eoman Church. He had compelled subjects
of the Church to perjure themselves by absolving them from
their oaths of fidelity to the Church, and by making them
give oaths of fidelity to himself. The charge of breaking
peace with the Church is connected with breaches of the
conditions of the peace of Ceperano. The strong suspicion
of heresy is based on his disregard of the excommunication
of Gregory, his relations with Saracens, the marriage of his
daughter to the schismatic Vataces, the Emperor of Nice,
the murder of the Duke of Bavaria (specially devoted to the
Church), and deficient zeal in relieving the oppressed and
in building churches and monasteries. Gregory's story re-
garding Frederick and the three impostors is not repeated. 1
1 L. c. Innocent does not mention
that Frederick took the initiative, nor
does he refer to the protracted negotia-
tions after Frederick's envoys took the
oath on the emperor's behalf " quod
staret nostris et ecclesie mandatis. "
With regard to it he remarks (p. 89,
1. 39 f. ) : " Postmodum tamen quod
iuraverat non implevit. Quinimmo ea
intentione ipsum prestitisse probabi-
liter creditur, sicut ex factis sequen-
tibus colligitur evidenter, ut eidem
ecclesie ac nobis illuderet potius quam
pareret, cum anno et amplius iam
elapso nec ad ipsius ecclesie gremium
revocari potuerit, nec sibi de illatis
ei dampnis et iniuriis curaverit satis,
facere, licet super hoc extiterit requi-
situs. " The main grounds of his ex-
communication are fourfold (p. 90,
1. 4): " Deieravit enim multotiens ;
pacem quondam inter ecclesiam et
imperium reformatam temere violavit;
perpetravit etiam sacrilegium, capi
faciens cardinales Sancte Romano
ecclesie ac aliarum ecclesiarum pre-
lates et clericos, religiosos et seculares,
venientes ad concilium quod idem
predecessor duxerat convocandum ; de
heresi quoque non dubiis et levibus
sed difficilibus et evidentibus argu-
mentis suspectus habetur. " The per-
juries he connects with his violation
of the oath given by him on three
occasions : " Honores iura et posscs-
siones Romano ecclesie pro posse suo
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? 302
[PAST n.
TEMPORAL AND SPIRITUAL POWERS.
Frederick was ready with his reply within a fortnight of
Innocent's order deposing him.
In his encyclical Frederick denied the authority of the Pope
to depose temporal rulers. The Pope had, by law and custom,
the right to consecrate the emperor, but this gave no more
servare ac protegere bona fide . . . sed
horum trium iuramentorum temerarius
extitit violator non sine proditionis
nota et lese oriminis maiestatis. "
Innocent specified a number of cases
in which Frederick had violated the
terms of the peace of Ceperano (twelve
cases), including the trial of ecclesiastics
in his courts, and his failure to com-
pensate the Templars and Hospitallers.
As to the numerous vacancies in epis-
copal sees, he remarks, " Et licet forte
in aliquibus eiusdem regni ecclesiis
electiones sint a capitulis celebrate,
quia tamen per ilia eiusdem familiares
clerici sunt electi, probabili potest
argumento concludi, quod facultatem
non habuerunt liberam eligendi. "
The charge of sacrilege relates to
his seizure of clerics on their way to
the council summoned by Gregory.
The charge of heresy is based on
his disregard of his excommunication
(p. 92, 1. 11 f. ) and his frequent asser-
tions " se prefati G. pape sententias
non vereri. *' Other grounds of sus-
picion were his friendship with the
Saracens, " ipsorumquo ritus amplec-
titur, illos in cotidiaais eius obsequiis
notabiliter secum tenens" ; his use
of eunuchs; the recital of Mahomed's
name day and night in the temple ;
the honourable reception he had lately
given to the envoys of a Sultan who
had shortly before inflicted grievous
injuries on the Christians in Palestine.
Innocent even included under this
head the murder of the Duke of
Bavaria, whom " specialem ecclesie
Romano devotum, facit sicut pro certo
asseritur, Christiana religione dispecta
per assisinos occidi " ; the marriage
of his daughter to Vataces, the Greek
Emperor of Nice; his failure to re-
lieve the oppressed (p. 93, 1. 6 f. ),
" manu eius, ut decet principem, ad
elemosinas inextenta " ; his failure to
build churches and monasteries," Nonne
igitur hec non levia sed efficatia sunt
argumenta de suspitione heresis contra
eum ? cum tamen heretioorum voca-
bulo illos ins civile contineri asserat
et latis adversus eos sententiis debere
succumbere, qui vel levi argumento a
iudicio catholice religionis et tramite
detecti fuerint deviare. "
Innocent refers also to the miserable
state to which Frederick had reduced
Sicily, and to his failure to pay the
tribute due to the Church of Rome.
He pronounces sentence : " Nos
? ? itaque super pre missis et quam pluribus
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? CHAP. IV. ] FREDERICK H. AND INNOCENT IV.
303
power to depose him than the fact of consecrating and anoint-
ing their rulers gave bishops such a power in the case of
their kings. Frederick went on to take a number of excep-
tions to the proceedings, such as that there was no proper
accuser nor public inquiry, and that the mere assertion by
Innocent that the facts were notorious did not make them
to be so. The witnesses were few in number and tainted.
He had received no proper summons to appear, and a con-
viction in the absence of the accused was null and void.
The extravagance of the proceedings was apparent, as the
emperor was convicted of lese majesty, though he was not
subject to the law, and was one on whom God alone could
inflict temporal punishment. On the other hand, he admitted
the authority not only of the Pope, but of every priest to
inflict on him spiritual punishments. He protested his ortho-
doxy. Finally, he warned those whom he addressed that
they were also concerned, as his defeat would encourage the
Pope to deal with them when their turn came. 1
1 M. G. H. , ' Const. ,' ii. 262, July-
September 1245. In this encyclical
Frederick called on those to whom it
was addressed to consider " si fuerit
in archipontifice nostro (or * in ponti-
ficibus nostris ') pontificalia rectitudinis
zelus, si nobis tot et tantis iniuriia
lacessitis iusta debeat defensio dene-
gari, si denique Christi vicarius Christi
vices impleverit et si predecessoris
Petri successor eiusdem imitatur exem-
plum. Consideret etiam quo iure
censeri debeat processus huiusmodi
contra nos habitus vel quo nomine
nuncupari, si dici sententia debeat,
quam iudex incompentens promul-
gavit. Nam etsi nos nostre catholico
fidei debito suggerente manisfestissime
fateamur, collatam a Domino sacro-
sancte Romane sedis antistiti plonariam
in spiritualibus potestatom, quantum-
cumque quod absit sit ipse peccator,
ut quod in terra ligaverit sit ligatum
in celis, et quod solverit sit solutum,
nusquam tamen legitur divina sibi
vel humana lege concessum, quod
transferre pro libito possit imperia aut
de puniendis temporaliter in priva-
tione regnorum regibus aut terre prin-
cipibus iudicare. Nam licet ad cum
de iure et more maiorum consecracio
nostra pertineat, non magis ad ipsum
privacio seu remocio pertinet quam
ad quoslibet regnorum prelatos, qui
reges suos, prout assolet, consecrant
ct inungunt. " After certain technical
objections, Frederick proceeds (p. 365,
1. 7 f. ): " Apparet nichilominus ani-
mosa nimis et ampullosa non minus ex
ipsius inflicte pene severitato sententia,
per quam imperator Romanus, imperi-
als rector et dominus maiestatis, lese
maiestatis dicitur crimine condempna-
tus, per quam ridiculose subicitur legi
qui legibus omnibus imperialiter est
solutus, de quo temporales pene sum-
ende, cum temporalem hominem superi-
orem non habeat, non sunt in homine,
sed in Deo. Spirituales autem penas
? ?
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. 705, 22nd June 1244, to the podesta ponere ac plena securitate gaudere,
council and people of Mantua. One quod nusquam hac occasione possit
of the conditions of peace proposed subire aliquod discrimen. "
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? 294
TEMPORAL AND . SPIRITUAL POWERS. I. PABT IT.
as Cardinal Earner, who had been appointed by Innocent
Bishop of Viterbo, succeeded in recapturing it from the
Imperialists. 1 Later on negotiations were resumed, but made
no progress till, at the suggestion of Louis IX. , Eaymond of
Toulouse was released from excommunication to enable him
to be an intermediary between the Pope and the emperor. 2
Conditions of peace were now at last drawn up, and on the
28th March Frederick gave his assent to all that might be
done by Peter de Vineis and Thadeus of Suessa to carry out
these provisions. Among other conditions it was provided
that Frederick was to let all the world know that his dis-
obedience to the order of excommunication was not due to
contempt of the keys, but to the fact that he was advised
that till the order was formally communicated to him he was
not bound by it; that he now recognised his error, and that
he knew and believed that the Pope, even if a sinner, had
full power over the emperor and over all other Christians in
spiritual matters. He was to submit to the orders of the
Church as to the atonement to be made. He was also to
give such compensation as might be ordered by the Church
for wrongs done to it, saving always his rights and honours
and the maintenance intact of his empire and kingdom. So
far as those were concerned who had taken the side of the
Church after his excommunication, their offences were all to
be forgiven, whether committed before or after that time.
In the case of those at war with him at the time of his excom-
munication (i. e. , the Lombards), all offences committed after
that date were to be forgiven. So far as offences committed
before that date were concerned, the emperor would accept
the decision of the Pope and of the cardinals, to be given
within a time to be fixed by the Pope. 3 The specially im-
1 Win. Ac. , i. 374, 1243.
? Epis. Sae. XiH. , vol. ii. 45, 12th
December 1243. Letter of Pope to
Louis IX. informing him that he had
at his request taken the Count of
Toulouse into favour. It would appear
from Frederick's letter about the end
of 1243 (H. -B. , vol. vi. p. 146) the
object was to enable him to act as
negotiator for Frederick with the
Church.
>> M. O. H. , ' Const. ,' ii. 247 of 28th
March 1244, is the " facultas " given
by the emperor to his envoys, Peter
de Vinea and Thadeus of Suessa; 248
of the same date is the authority given
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? CHAP. IV. ]
295
FREDERICK II. AND INNOCENT IV.
portant points, so far as we are here concerned, are the un-
qualified admission of the Pope's right to excommunicate and
the emperor's duty to submit; the distinction between the
Lombards and other enemies ; and the submission to the
Pope's decision of the offences committed by the Lombards
prior to Frederick's excommunication. As we shall presently
see, this matter had been considered before the terms were
agreed, and they are not fully intelligible apart from
Frederick's account of the negotiations before the settlement
was made.
Peace now seemed secured, but very soon difficulties arose
as to the execution of the terms agreed on, and in the end of
April Innocent wrote the Landgrave of Thuringia (Henry
Raspe) that Frederick had chosen to withdraw (resilire) from
his oath rather than to obey. 1 A few months later Frederick
issued an encyclical letter giving his version of the negotia-
tions subsequent to the election of Innocent and up to the
time of his flight to Genoa. The letter was an open letter,
and any incorrect statements could at once be challenged.
According to Frederick he was prepared to comply with
all the conditions laid down, but the Pope refused, and put
to the abovo and to the Count of
Toulouse to swear on his behalf ; 246
of 12th March 1244 contains the terms
of the " satisfactio " to be given by
the emperor. With regard to Frederick's
disobedience in the case of his excom-
munication, article 2 provides : " Super
contemptu clavium scribet dominus
imperator generaliter per totum orbem,
quod in contemptu ecclesie et potes-
tatis ecclesiastice sententiam latam per
dominum G. predecessorum suum non
comtempsit. " He was advised by the
prelates of Germany and Italy that
he was not bound by it until " sibi
denunciaretur. " " Profitatur tamen et
recognoncit bene, quod deliquit in hoc,
non servando, et male fecit, cum bene
sciat et credat fideliter quod tam super
eum quam super omnes christianos,
reges et principes, clericos et laicos,
habet summus pontifex, etiamsi quod
absit peccator existat, quod Deus
avertat, in spiritualibus plenitudinera
potestatis. "
In article 4 the words are, " Iurabit
precise stare mandatis domine papa
et ecclesie ; salva tamen sint ei honores
et iura sua quoad conservacionem
integrani sine aliqua diminucione im-
perii et regnorum suorum. " Thus the
provisions of the " satisfactio " did not
enable the Pope to deal with the
"regalia" and "jura" claimed by
Frederick in Lombardy.
1 Epis. Sae. XIII. , vol. 11. 63, 30th
April 1244. After Frederick had, by
his envoys, given an oath to obey the
orders of the Church, " Super omnibus
articulis, pro quibus per pie memorie
Gregorium papam . . . fuit vinculo
excommunicationis astrictus . . . non
post multos dies elegit resilire potiua
? ? quam parere. "
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? 296 TEMPORAL AND SPIRITUAL POWERS. [pakt II.
off his absolution because the emperor would not submit
unconditionally for his decision the question of his rights
and regalia in Lombardy. The Pope insisted on the immediate
return of all lands to which the Church was entitled, while
other matters were to be reserved for his further considera-
tion. Frederick's envoys demurred, as meanwhile Frederick's
absolution would be in abeyance while he was partially dis-
arming himself. They made various suggestions to safeguard
him and to prevent his absolution being unreasonably with-
held ; but though supported by the Emperor of Constanti-
nople and the Count of Toulouse, they failed. Though it
was not openly given out yet, it was owing to the Lombard
question they failed. This was no fault of the emperor's,
as the matter had been fully discussed before the " forma
satisfactionis" had been finally settled. The Pope had,
before that was done, constantly pressed that the Lombard
question should be submitted to him unconditionally, as
had been done in Gregory's lifetime. It was pointed out
that at that time the Pope and the emperor were friends,
and, moreover, since then the danger of such submissions
to the Church had become apparent. The Pope later on
suggested to omit provisions regarding the release of the
Lombard prisoners, and the giving by them of an oath of
fidelity. Frederick's envoys thought that the Pope meant,
if this were agreed, to effect his object by means of another
clause providing that peace should be given to the Lombards,
and they accordingly made it plain that this clause did not
cover the release of the prisoners, and the clause was in the
end left as it finally stood in the " forma satisfactionis,"
as its meaning had been made plain in the course of the
negotiations.
After the " forma satisfactionis" had been agreed, the
Pope, at the request of the Milanese and other Lombards,
again pressed for the unconditional submission of their quarrel
to himself and to the Church. This the envoys would not
agree to, specially having regard to the great partiality shown
by the Pope to the Lombards and to their cause. The Pope
then demanded the restitution of the lands (claimed by him)
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? CHAP. IV. ] FREDERICK II. AND INNOCENT IV.
297
without any assurance or promise that absolution would be
given to the emperor. Frederick set himself to consider all
possible means by which a rupture could be prevented, and
suggested that the Pope should go to some place in the Cam-
pania, where intercourse with the emperor by envoys (inter
nuncios) would be easy, and where, if necessary, the Pope
and emperor could meet. Frederick made a number of sug-
gestions regarding the disposal of the Lombard question, but
he would not put himself unreservedly in the Pope's hands,
and he also insisted on safeguards for his absolution. Finally,
the Pope, after refusing to go to the Campania, as he at one
time had promised, declared his willingness to go to Eiete.
While, however, the nuncios and the cardinals were on their
way there they heard of the Pope's flight on his way to
Genoa (end of June 1244). 1
1 M. G. H. , ' Const. ,' ii. 262, August
1244. Encyclical of the emperor re-
garding the treaty of peace. It is
addressed (p. 341, 1. 22) omnibus
presentes litteras inspecturis. As re-
gards the breakdown of the negotia-
tions in April, Frederick remarks (p.
345,1. 1 f. ): " Que cum parati essemus
per omnia observare, dominus papa
motus propterea, quia nolebamus in
eum super negotio Lombardorum, de
iuribus et regalibus nostris scilicet
compromittere, negat et differt absolu-
tionom nostram. . . . "
With regard to the negotiations
before the rupture concerning the
Lombards, Frederick writes (p. 346,
1. 14 f. ): " Tandem petiit (i. e. , the
Pope) ut, quia ecclesia se ad hoo
obligaverat Lombardis, quod non alitor
nobiscum pacem faceret nisi poneret
ipsos in pace, ut Lombardis, quos
ecclesie adherentes vocabat, rebelles
imperii pacem daremus et liberaremus
captivos ipsorum. " The Pope raised
an altogether new question (p. 346,
l- 21 f. ): " Dominus papa primo de
Lombardis conveniendis in curia im-
perii retulit questionem, quam Lom-
bardi ipsi nullo tempore ante retule-
rant, cum ipsos de imperio et v assall oh
imperii fore constaret. Perniciosissi-
mum exemplo preterea sepedicti nuncii
fore dicebant, si de iurisdictione vas-
sallorum imperii seu quorumlibet re gum
per dominum pap am questio seu
dubietas aliqua referetur. "
Among other offers with a view to
a settlement he mentions (p. 349,1. 9 f. ):
" Preter priores forma* de negocio
Lombardorum optulimus compromittere
in dominum papam et fratres ita tamen
quod prius omnino rumpatur pro-
missio, protectio et quelibet obligacio
habita inter eum et ecclesiam ex una
parte et Lombard oh ex altera, quia
non deceret nec expediret nobis com-
promittere de negotio imperii, de
quibus est questio inter nos et Lom-
bardos, in protectorem rebellium Lom-
bardorum, et eis super hiis specialiter
obligatum ; et hoc salvo iure et honors
? ? imperii, deduota expressim de com-
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? 298
TEMPORAL AND SPIRITUAL POWERS. [PAST II.
Frederick, however, did not abandon all hopes of a settle-
ment. Towards the end of 1244 he wrote two of the cardinals
that he had implicit confidence in them, and was willing to
trust them with the settlement, provided always that it did
not diminish the dignity of the empire, and that the satis-
faction he had to give did not involve serious injury to it
(nec in satisfactione excallentia iniuriis propulsetur). 1
In April he wrote the Pope he was sending the Patriarch
of Antioch, as he was in hopes he would be able to restore
peace. 2 Innocent wrote the patriarch on the 30th April that
the Church was prepared for peace if Frederick accepted the
conditions laid down in the form proposed by the Church
and accepted by Frederick, released the captives, and restored
the lands of the Church. This must be done before the council
summoned by the Pope met. 3 On the 6th May he wrote
the patriarch a second letter, in which he directed him to
inform the emperor that as soon as Frederick gave satisfaction
for his manifest offence and sufficient security for other cases,
he would absolve him. * A few days before this (18th April)
Innocent had in a sermon cited Frederick to appear before
him at the Lyons Council.
5 In the beginning of June Frederick
wrote the cardinals. In this letter he spoke of them as placed
as lights on a mountain to shine to the nations, and as " fidei
cardines " who rule the house of God. He assured them
that he had been and still was prepared to submit his case
to the Pope, saving his honours, rights, and dignities and
those of his faithful subjects in the empire and in the regnum,
provided the Pope would acknowledge him as his beloved
cione facienda in aliis capitulis que
in forma pacis devenerunt, si dominus
papa committere voluerit totum nego-
cium absolucionis Portuensi et Alba-
nensi episcopis, nos stabimus dicto et
daelaraeioni ipsorum. "
1 L. c. , 254, end of 1244, letter to
the Cardinals of Porto and Albano.
' L. c. , 256, April 1245. The patriarch
also wrote Cardinal Raineirus, 1. e. , 257,
April 1245.
>> L. o. , 258, 30th April 1245.
* L. c. , 259. " Presentium tibi aueto-
ritate mandamus, quatinus prinoipi ex
parte nostra denunties, quod, quam
cito de manifestis offensia, pro qui bus
excommunicatus esse dinoecitur, satis-
fecerit et de dubiis sufficientem presti-
terit cautionem, sibi faciemus munus
absolutionis impendi. "
5 Nicholas de Curbio in bis life of
Innocent IV. Muratori, 8. 8. , vol. iii.
p. 692e.
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? CHAP. IV. ] FREDERICK H. AND INNOCENT IV.
299
son (fllium caritatis paterne debita relatione cognosat). Fear-
ing that he might be prejudiced by action taken in his absence,
and that the Pope might consider that he could lawfully do
as he pleased (dum credat sibi licere quod libeat), and use
the spiritual sword against him " temporaliter," he was send-
ing his servants fully empowered to appeal from any wrong
done to him; first to the living God, and after God to the
future Pope, a general Council, the German princes, and
generally to all kings and princes of the earth and to Chris-
tians generally. 1
Two very violent manifestoes were published about this
time, originating in Italy, and apparently specially intended
to influence the Council against Frederick. He was charged
with seeking to make himself the equal or even superior of
the Pope, and with desiring to appoint him. Sitting in the
temple of God he required prelates and clerics to kiss his
feet as if he were himself divine. He required others to call
him " sacrum. " Both manifestoes accused him of being sur-
rounded by persons in his service who asserted that the soul
of man perished with his body. Popular rumours were re-
peated that he had murdered three of his wives, and that he
had procured the slaughter by Saracens of a number of Chris-
tians in the Holy Land. 2
1 H. -B. , vol. vi. p. 276, beginning
of June 1245. Frederick addresses
the cardinals, who " positi tanquam
luminaria super montem lucetis in
gentibus et velut fldei cardines regitis
domum Dei. " As he is afraid the
Pope " credat sibi licere quod libeat,
spiritualem contra nos gladium tem-
poraliter exerceat et procedat in aliquo
si dici liceat minus juste " and " Dubi-
tantes verumtamen ne vel res inter
alios acta contra jus scriptum juri
nostra prejudicet," his envoys are
authorised " ut a gravamine et iniquo
processu patris ejusdem coram tsm
venerabile cetu patrum primo ad Deum
vivum cujus nutibus attribuimus quic-
quid sumus, et postmodum ad futurum
summum pontificem, ad generalem
synodum, ad principes Alamannie, et
generaliter ad universos re^es et prin-
cipes orbis terre ao ceteros christianos
pro parte nostra libere valeant appel-
lant. "
>> L. c. , p. 278 f. , end of June 1246.
Among other charges, it is alleged in
the first of these documents (p. 279):
" Bed dm his con tent us, molitus est
quasi Lucifer in Ecclesie celum con-
scendere super astra oeli, sponseque
luminaria solium exaltare ac sedem
ponere in lateribus aquilonis, ut esset
similis, imo superior vioario Altissimi,
dum papam create gestivit, dum pre-
sules ac inferiores prelatos et clericos
cepit instituere ac destituere in ecolesiis
juxte velle ; dum sedens in templo
Domini tamquam Dominus facit sibi
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? 300
TEMPORAL AND SPIRITUAL POWERS. [PABT II.
The council summoned by Innocent to Lyons met in due
course, and at the last meeting on the 12th July the Pope
declared Frederick to be deprived of all his honours and
dignities. All bound to Frederick by oaths of fidelity were
released from them in perpetuity, and were forbidden to obey
him as emperor or king. Innocent directed those who had
the right of electing the emperor freely to chose a successor.
He and his cardinals would decide later on how to deal with
the kingdom of Sicily. The Pope gave a brief account of events
up to the time of the oath given by Frederick's envoys on his
behalf. 1 It appeared, according to Innocent, from subsequent
events that he had sworn rather with the object of deceiving
the Church than with any intention of obeying, and he was
therefore compelled in justice to pass sentence on him (iuste
animadvertere in ipsum). The four most serious charges
against him were, frequent perjuries, wilful (temere) violation
of the peace between the Church and the empire, sacrilege
by the capture of cardinals, prelates, and others of the clergy
both regular and secular on their way to a council called by
his predecessor ; finally, suspicion of heresy not on doubtful
and light, but on weighty and clear grounds. The first charge
pedes a presulibus et clericis osculari,
sacrumque nominari se imperans, puniri
capite mandat omnes velut hostes ac
blasphemos qui de suis perversitatibus
mannifestis audent vel tenuiter aliquam
promere veritatem. "
During the vacancy in the papal see
(280), "quasi Deus esset in cathedra
Dei sedere voluit, dum non solum
summum moiitus est creare pontificem
ac sedem Apostolicum subjicere ditioni,
verum etiam cogitavit jus divinum
i mi in pore ac mutare foedus Evangelii
sempiternum. Cumque heberet oornu
potestatis insigne ac os loquens in-
gentia, putavit quod posset mutare
leges et tempora ut prosterneretur
veritas, idioque sermones contra Eccle-
siam protulit et verba blasphemie in
Sloyeem et Dominum. Nam Saduceo-
rum heresim reparare contenders,
animam cum corpore in nihilum resolvi
sui concellanoi asserunt et perire. "
In the second document (1. e. , p. 285 f. ,
beginning of June 1245) among other
charges it is alleged (p. 289) that,
according to " opinio vulgata," three
of his wives were poisoned. It repeats
the charge of heresy, " eo quod, sicut
sui domestici asserunt, anima hominis
perit cum corpore, juxta Saduceorum
heresim . . . " and ends with the sugges-
tion that a number of the faithful in
Palestine " procurante ut asseritur is to
persecutor callido, gladiis nuper occu-
buit impiorum Sarracenorum . . . quod
si verum forte constiterit, omnis pena
vinceratur a tanto scelere, omnis ultio
esset insufficiens ad vindictam, si
vigeret zelus Domini tarn in clero quam
in populo christiano. "
1 Epis. Sae. XIII. , vol. ii. 124, 17th
? ? July 1245.
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? CHAP. IV. ] FREDERICK II. AND INNOCENT IV.
301
was based on the breach by Frederick of his oath thrice
repeated to respect and in good faith to protect the honours,
rights, and possessions of the Roman Church, and to restore
any of them that might fall into his hands. Despite these
oaths he addressed abusive (comminatoria) letters to Gregory
and to his brothers (i. e. , the cardinals), and he defamed
Gregory. He had legates of the Apostolic See seized and
imprisoned. He despised the privileges of the keys, declar-
ing that he took no account of the sentence of Gregory, and
he disregarded his excommunication, compelling others also
not to observe it. He had occupied and still held lands the
property of the Eoman Church. He had compelled subjects
of the Church to perjure themselves by absolving them from
their oaths of fidelity to the Church, and by making them
give oaths of fidelity to himself. The charge of breaking
peace with the Church is connected with breaches of the
conditions of the peace of Ceperano. The strong suspicion
of heresy is based on his disregard of the excommunication
of Gregory, his relations with Saracens, the marriage of his
daughter to the schismatic Vataces, the Emperor of Nice,
the murder of the Duke of Bavaria (specially devoted to the
Church), and deficient zeal in relieving the oppressed and
in building churches and monasteries. Gregory's story re-
garding Frederick and the three impostors is not repeated. 1
1 L. c. Innocent does not mention
that Frederick took the initiative, nor
does he refer to the protracted negotia-
tions after Frederick's envoys took the
oath on the emperor's behalf " quod
staret nostris et ecclesie mandatis. "
With regard to it he remarks (p. 89,
1. 39 f. ) : " Postmodum tamen quod
iuraverat non implevit. Quinimmo ea
intentione ipsum prestitisse probabi-
liter creditur, sicut ex factis sequen-
tibus colligitur evidenter, ut eidem
ecclesie ac nobis illuderet potius quam
pareret, cum anno et amplius iam
elapso nec ad ipsius ecclesie gremium
revocari potuerit, nec sibi de illatis
ei dampnis et iniuriis curaverit satis,
facere, licet super hoc extiterit requi-
situs. " The main grounds of his ex-
communication are fourfold (p. 90,
1. 4): " Deieravit enim multotiens ;
pacem quondam inter ecclesiam et
imperium reformatam temere violavit;
perpetravit etiam sacrilegium, capi
faciens cardinales Sancte Romano
ecclesie ac aliarum ecclesiarum pre-
lates et clericos, religiosos et seculares,
venientes ad concilium quod idem
predecessor duxerat convocandum ; de
heresi quoque non dubiis et levibus
sed difficilibus et evidentibus argu-
mentis suspectus habetur. " The per-
juries he connects with his violation
of the oath given by him on three
occasions : " Honores iura et posscs-
siones Romano ecclesie pro posse suo
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? 302
[PAST n.
TEMPORAL AND SPIRITUAL POWERS.
Frederick was ready with his reply within a fortnight of
Innocent's order deposing him.
In his encyclical Frederick denied the authority of the Pope
to depose temporal rulers. The Pope had, by law and custom,
the right to consecrate the emperor, but this gave no more
servare ac protegere bona fide . . . sed
horum trium iuramentorum temerarius
extitit violator non sine proditionis
nota et lese oriminis maiestatis. "
Innocent specified a number of cases
in which Frederick had violated the
terms of the peace of Ceperano (twelve
cases), including the trial of ecclesiastics
in his courts, and his failure to com-
pensate the Templars and Hospitallers.
As to the numerous vacancies in epis-
copal sees, he remarks, " Et licet forte
in aliquibus eiusdem regni ecclesiis
electiones sint a capitulis celebrate,
quia tamen per ilia eiusdem familiares
clerici sunt electi, probabili potest
argumento concludi, quod facultatem
non habuerunt liberam eligendi. "
The charge of sacrilege relates to
his seizure of clerics on their way to
the council summoned by Gregory.
The charge of heresy is based on
his disregard of his excommunication
(p. 92, 1. 11 f. ) and his frequent asser-
tions " se prefati G. pape sententias
non vereri. *' Other grounds of sus-
picion were his friendship with the
Saracens, " ipsorumquo ritus amplec-
titur, illos in cotidiaais eius obsequiis
notabiliter secum tenens" ; his use
of eunuchs; the recital of Mahomed's
name day and night in the temple ;
the honourable reception he had lately
given to the envoys of a Sultan who
had shortly before inflicted grievous
injuries on the Christians in Palestine.
Innocent even included under this
head the murder of the Duke of
Bavaria, whom " specialem ecclesie
Romano devotum, facit sicut pro certo
asseritur, Christiana religione dispecta
per assisinos occidi " ; the marriage
of his daughter to Vataces, the Greek
Emperor of Nice; his failure to re-
lieve the oppressed (p. 93, 1. 6 f. ),
" manu eius, ut decet principem, ad
elemosinas inextenta " ; his failure to
build churches and monasteries," Nonne
igitur hec non levia sed efficatia sunt
argumenta de suspitione heresis contra
eum ? cum tamen heretioorum voca-
bulo illos ins civile contineri asserat
et latis adversus eos sententiis debere
succumbere, qui vel levi argumento a
iudicio catholice religionis et tramite
detecti fuerint deviare. "
Innocent refers also to the miserable
state to which Frederick had reduced
Sicily, and to his failure to pay the
tribute due to the Church of Rome.
He pronounces sentence : " Nos
? ? itaque super pre missis et quam pluribus
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? CHAP. IV. ] FREDERICK H. AND INNOCENT IV.
303
power to depose him than the fact of consecrating and anoint-
ing their rulers gave bishops such a power in the case of
their kings. Frederick went on to take a number of excep-
tions to the proceedings, such as that there was no proper
accuser nor public inquiry, and that the mere assertion by
Innocent that the facts were notorious did not make them
to be so. The witnesses were few in number and tainted.
He had received no proper summons to appear, and a con-
viction in the absence of the accused was null and void.
The extravagance of the proceedings was apparent, as the
emperor was convicted of lese majesty, though he was not
subject to the law, and was one on whom God alone could
inflict temporal punishment. On the other hand, he admitted
the authority not only of the Pope, but of every priest to
inflict on him spiritual punishments. He protested his ortho-
doxy. Finally, he warned those whom he addressed that
they were also concerned, as his defeat would encourage the
Pope to deal with them when their turn came. 1
1 M. G. H. , ' Const. ,' ii. 262, July-
September 1245. In this encyclical
Frederick called on those to whom it
was addressed to consider " si fuerit
in archipontifice nostro (or * in ponti-
ficibus nostris ') pontificalia rectitudinis
zelus, si nobis tot et tantis iniuriia
lacessitis iusta debeat defensio dene-
gari, si denique Christi vicarius Christi
vices impleverit et si predecessoris
Petri successor eiusdem imitatur exem-
plum. Consideret etiam quo iure
censeri debeat processus huiusmodi
contra nos habitus vel quo nomine
nuncupari, si dici sententia debeat,
quam iudex incompentens promul-
gavit. Nam etsi nos nostre catholico
fidei debito suggerente manisfestissime
fateamur, collatam a Domino sacro-
sancte Romane sedis antistiti plonariam
in spiritualibus potestatom, quantum-
cumque quod absit sit ipse peccator,
ut quod in terra ligaverit sit ligatum
in celis, et quod solverit sit solutum,
nusquam tamen legitur divina sibi
vel humana lege concessum, quod
transferre pro libito possit imperia aut
de puniendis temporaliter in priva-
tione regnorum regibus aut terre prin-
cipibus iudicare. Nam licet ad cum
de iure et more maiorum consecracio
nostra pertineat, non magis ad ipsum
privacio seu remocio pertinet quam
ad quoslibet regnorum prelatos, qui
reges suos, prout assolet, consecrant
ct inungunt. " After certain technical
objections, Frederick proceeds (p. 365,
1. 7 f. ): " Apparet nichilominus ani-
mosa nimis et ampullosa non minus ex
ipsius inflicte pene severitato sententia,
per quam imperator Romanus, imperi-
als rector et dominus maiestatis, lese
maiestatis dicitur crimine condempna-
tus, per quam ridiculose subicitur legi
qui legibus omnibus imperialiter est
solutus, de quo temporales pene sum-
ende, cum temporalem hominem superi-
orem non habeat, non sunt in homine,
sed in Deo. Spirituales autem penas
? ?
