cum ad reconciliationem intendamus
auctore Domino emcaciter interponere
partes nostras, nostris consiliis acquies-
cas, rescripturus nobis plene ac plane
tue super hoc arbitrium voluntatis, ut
ex tuo responso sciamus, qualiter nobis
sit in negotio procedendum.
auctore Domino emcaciter interponere
partes nostras, nostris consiliis acquies-
cas, rescripturus nobis plene ac plane
tue super hoc arbitrium voluntatis, ut
ex tuo responso sciamus, qualiter nobis
sit in negotio procedendum.
Thomas Carlyle
Later
on, after Frederick's return, he went so far as to demand
military assistance from the clergy. 5
1 That Frederick referred the Pope
to Reynold as his representative in
the negotiations he endeavoured to
start after his arrival at Acre appears
from Epis. Sae. XIII. , vol. i. 376,
p. 294, 1. 7 (Gregory to the people of
Genoa, 30th November 1228. See also
note 2 on p. 294. )
* Whatever Frederick's intentions
may have been Gregory could of
course only deal with the overt actions
of the emperor or of his agents.
>> L. c. , 399. Fresh excommunication
of Frederick, and excommunication of
Reynold of Spoleto and others by
Gregory about the 20th August 1229.
The grounds of excommunication in-
clude not only Frederick's shortcom-
ings regarding the crusade, but his be-
haviour in Sicily, " quod ad Romanam
ecclesiam specialiter noscitur perti-
nent " (p. 319, 1. 10).
* L. c. , 375, 7th November 1328.
* See Winkelmann,' Kaiser Friedrich
II. ,' vol. ii. p. 41, note 2. Regarding
Gregory's demand for tithes, Wen-
dover gives an account of Stephen's
(the Pope's chaplain) visit to England,
and of the refusal of the laity at a
Parliament, held in April 1229, to
give tithes. The clergy, according to
Wendover, agreed vory unwillingly for
fear of excommunication. Matthew
Paris, vol. iii. p. 186 f.
For an instance of Gregory's appeals
to rulers, see Epis. Sae. XIII. , vol. i.
378, of 21st December 1228, to the
King of Sweden. In this letter he
says the Roman Church is furnishing
three armies, and requires help in
money.
Besides demands for pecuniary help,
a few months later Gregory called on
bishops to send armed support. E. g. ,
his letter of 30th September 1229,
1. e. , 404, to the Bishop of Paris, in
which " monemus et hortamur at-
tente, per apostolica scripta in virtute
obedientie et sub dobito iuramentt
? ? districte precipiendo mandantes, ac
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? 254 TEMPORAL AND SPIRITUAL POWERS. [PABT II.
Gregory was at first very successful, and by the time
Frederick had returned from Palestine a great part of the
mainland was either occupied by papal troops or in open
revolt. The whole situation changed on Frederick's arrival,
and by the beginning of October he had recovered all the
territories, belonging to the kingdom, he had lost. So far,
however, from attempting to make use of his victory to
recover any of the lands lost to the empire at Eger, Frederick
pressed peace negotiations on the curia. These negotiations
dragged on until, in February 1230, Frederick invited some
of the German princes to mediate between him and the Pope.
After long-protracted discussions he received absolution on
the 28th August. The terms of the peace appeared on the
surface a great victory for the Pope. 1 Frederick, though the
victor so far as the war was concerned, had to give up all
the papal lands occupied by his troops, and to repay any
expenses incurred by the Pope in defending them ; he had
also to agree that the civil courts should have no jurisdiction
over the Sicilian clergy saving in feudal matters. The clergy
were to be exempt from taxation. These concessions were
of some importance, but, as was proved by results, they did
not suffice to weaken Frederick's hold over the kingdom.
The Lombard League had sent troops to assist the Pope,2
and Frederick was obliged, among the other conditions of
in romissionem peccaminum, tam tuo-
rum quam eorum qui in obsequium
eeclesie vonerint, iniungentes . . . ad
nos personaliter venire cum congruo
exfortio bellatorum vol mittere sine
dispendio more procures. " In the case
of the Archbishop of Lyons, 1. e. , 403,
the Pope went further, threatening
him with excommunication if he did
not obey his orders.
1 The terms of the agreement are
embodied in a number of documents
(M. G. H. , 'Const,' vol. ii. 126-149,
July to October 1230). As regards the
taxation of clerics, Frederick gave
orders in 137, " quatinus nullus sit
qui deinceps tallias seu collectas im-
ponat eoclesiis, monasteriis, clericis
seu personis ecclesiasticis vel rebus
eorum, salvia debitis servitiis ad que
certe eeclesie ac persone nobis nos-
ountur esse specialiter obligate. "
* Epis. Sae. XIII. , vol. i. 395, 26th
June 1229. In his letter to the Lom-
bard League, calling on them to send
their promised military assistance,
Gregory urges that it is owing to their
importunity that he has taken action
against Frederick. " Scitis . . . nos ex
summo desiderio et deliberato consilio
vestro contra Fridericum dictum im-
peratorem negotium inchoasse, cum
idem totis mentis afiectibus aspiraret
ad extermimum Lombardie. " See also
l. e. , 385, 15th May 1229, and 405, 9th
October 1229.
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? CHAP, m. ] FREDERICK TL. , HONORTUS HI. , GREGORY IX. 255
peace, to promise to forgive all offences committed by them
and by others in connection with the help given by them
to the Church. , This left it open to him to take up any
cause of offence prior to his excommunication. Gregory in
his first (apparently) letter to the Lombard League after the
peace, enclosing Frederick's promises, assured them that he
would take the lightest offence to them as a grave offence
to himself. 1
The net result was really in Frederick's favour. Gregory
had been obliged to accept the result of the crusade,2 and
he had not succeeded in weakening Frederick's hold over
Sicily. During the contest Gregory had been compelled, by
his need of money to carry on the struggle, to make pecuniary
demands on ecclesiastics which were resented at the time, and
formed an unfortunate precedent for the future.
During the years of uneasy peace that intervened between
the peace of Ceperano and the final breach between Frederick
and the Papacy, the main subjects of difference concerned the
relations between the emperor and the Lombard League,
and his treatment of the clergy, military orders, and rebels
in Sicily. In the case of the Lombard League the efforts
of the Pope were constantly directed to securing for himself
the final decision in all matters in dispute between them and
the emperor. In Sicily the special subjects of complaint
related to the taxation of the clergy, their trial in certain
classes of cases by the secular courts, the seizure by the king
of lands held by the military orders of the Temple and of the
Hospital, and the banishment or confiscation of the property
1 L. c. , 420, 18th October 1230.
Gregory assures them " vobis et parti
vestre sufficienter est cautum, quod
nullatenus vos offendet; sed remisit
expresse, si eum forsitan offendistis.
Quare non expedit ut exinde ulla-
tenus dubitetis, cum nec leviter possetis
ofiendi, quin graviter nos reputaremus
offensos. " This was not correct.
Frederick had only pardoned offences
committed during his quarrel with
the Pope, and it is so put in a later
letter by the Pope to the Lombard
bishops, 1. e. , 454, of 27th September
1231.
2 Though there is no reference to
the matter in the peace terms, it appears
that Gregory had tacitly accepted
Frederick's ten years' truce with the
Sultan of Egypt. Vide letter of 26th
February to the Master of the Templars
at Jerusalem, 1. e. , 427.
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? 256
TEMPORAL AND SPIRITUAL POWERS. [PAST II.
of rebels, whose pardon by Frederick had in some cases been
guaranteed by the Church. Towards the end of the period
there was constant and growing friction regarding the filling
up of vacancies in the Church, as the Pope would not accept
the persons elected by the chapters, on the ground apparently
that there had been undue influence by the king or his officials.
There were other causes of friction, but not, on the whole,
more serious than might occur in the normal relations between
the Papacy and any other secular powers.
We have seen in the preceding section that Gregory, in
appealing to the Lombard League to send their promised
troops, disclosed how close the connection between them had
been, by his statement that it was due to their pressing advice
(summo desiderio et deliberate consilio) that he had started
taking action against the emperor, who was wholly intent on
their destruction. 1 He had consulted them while negotiations
were going on,2 and in his letter forwarding the terms of peace
he assured them that he would look on any injury to them,
however slight, as a serious injury to himself. 3
In April 1230, while negotiations for peace were going on,
Frederick had written the authorities of Cremona authorising
them to arrange terms of peace with other Lombard cities,
and to grant them forgiveness of all offences whatsoever
against the empire. * Possibly the people of Cremona were
not very anxious to have peace restored on easy terms for
their enemies ; at all events, whatever the reason, Frederick's
offer appears to have met with no response. In 1231 he took
up the matter again, and issued an encyclical, apparently to
all cities of the imperial party, calling on them to send repre-
sentatives to meet him in Southern Italy to discuss the steps
to be taken to restore peace and justice among his subjects. 5
We do not know what followed this summons, but we find
1 See note 2, p. 254.
>> L. c. , 409, 10th November. He
sends Frederick's request for peace
" quatinus eo perspicaciter intellecto
nobis vestrum consilium intimetis ;
scituri pro certo quod ecclesia mater
vestra numquam vos deseret, . . . "
8 See note 1, p. 255.
4 M. G. H. , ' Const. ,' vol. ii. 126.
<< L. c. , 162, 10th March 1231. En-
cyclical announcing a meeting for the
25th April following in the Terra del
Lavoro or in the Capitanata.
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? CHAP, in. ] FREDERICK II. , H0N0RIUS HI. , GREGORY IX. 257
Gregory two months later writing a letter warning Frederick
not to use force against the Lombards, and urging him to let
the Pope act as mediator. 1
As we have already mentioned, there were other causes of
friction between the Pope and the emperor. A minor cause
of papal dissatisfaction concerned the possessions of the
Templars and Hospitallers. In the conditions of the peace
of Ceperano, it was provided that all their possessions seized
by the emperor or his officers should be restored to them. 2
Gregory wrote repeatedly on the subject to -Frederick, but
he did not tax Frederick with a breach of faith, and Frederick's
defence was that he did not deprive them of anything they
were legally entitled to hold. 3
1 Epis. Sae. XIII. , vol. i. 440,
Gregory to Frederick, 18th May 1231.
" saluti, honorificentie ac quieti tue
credimus expo dire,. . . in mansuetudine
opera tua facias . . . noe longanimi-
tatem tuam, que debet semper in
pectore principis principari, seduci
permittas, ut iustitiam exacerbens et
preiudicaris equitati, contra Lombardos
non iuris ordine set virium potestate
procodas, quia facile crederetur, quod
ad id non sine nostri offensa ex prece-
dentis indignationis amaritudine move.
reris . . . celsitudinem tuam rogamus,
monemus et hortamur in domino . . .
cum ad reconciliationem intendamus
auctore Domino emcaciter interponere
partes nostras, nostris consiliis acquies-
cas, rescripturus nobis plene ac plane
tue super hoc arbitrium voluntatis, ut
ex tuo responso sciamus, qualiter nobis
sit in negotio procedendum. "
<< M. G. H. , ' Const. ,' vol. ii. 130,
p. 173, 1. 11 f.
? Vide Epis. Sae. XIII. , vol. i. 425,
19th January 1231 ; 428 of 26th
February 1231 ; and 439 of 29th
April 1231, all to Frederick; also
431 of 26th February 1231 to the
Bishop of Reggio. From 428 it appears
that his letters refer to possessions
restored, and then again taken away
VOL. V.
from them. In 439 Gregory suggests
arbitration as regards fiefs, while in
other cases the matter should be de-
cided by the Pope or by some one
delegated by him. We have not
Frederick's answers to his letters, but
he explained his position in 1238, vide
H. -B. , vol. v. 252 : " A Templariis et
Hospitalariis verum est quod per judi-
cium et per antiquum constitutionem
regni Sicilie revocata sunt feudalia et
burgasatica que habuerunt per con-
cessionem invasorum regni. . . . Allia
tamen feudalia et burgasatica dismissa
sunt eis qualitercunque ea adquisie-
runt et tenuerunt ante mortem regis
Williolmi secundi seu de quibus haberent
concessionom alicujus antecessorum suo-
rum. Nonulla vero burgasatica que
emerunt revocata sunt ab eis seoundum
formam antique constitutionis regni
Sicilie : quod nihil potest eis sine con-
? ? sensu principis de burgasaticis inter
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? 258 TEMPORAL AND SPIRITUAL POWERS. [PAST II.
In July Gregory wrote a very angry letter regarding the
constitutions of Melfi (a code of laws for the Sicilian king-
dom), which Frederick was about to publish, declaring that
they showed him to be a persecutor of the Church and a
destroyer of public liberty (ecclesie persecutor et obrutor
publice libertatis). 1 Frederick was very indignant, and
Gregory evidently felt he had gone too far, for three weeks
later he wrote a conciliatory letter pointing out that his
rebuke, though sharp, had been private and by letter, in
which it is difficult to give expression exactly to what one
feels. 2 Frederick did not give way, and the constitutions were
1 Epia. Sae. XHJ. , vol. i. 443, 5th
July 1231. " Intelleximus siquidem,
quod vel proprio motu vel seductus
inconsultia consiliis perversorum, novas
edere constitutiones intendis, ex quibus
nocessario sequitur, ut dicaris ecclesie
persecutor et obrutor publice liber-
tatis. . . . " For the constitution,
see H. B. , iv. p. 1 f. Gregory does
not mention which of the constitu-
tions he objects to. Among those
he probably disliked are the fol-
lowing :--
Title I. B. , p. 7, regarding heretics
and Patarenes, which left the in-
itiative in inquiries to the king's
officers.
Title LXViH. , p. 40, provides that
" Si quis clericus de hereditate vel
aliquo tenimento quod non ab ecclesia,
sed a nobis vel ab alio aliquo per
patrimonium [sive aliunde] teneat, ap-
pellatus fuerit, volumus ut de hoc
in curia illius in cujus terra posses-
sionem . . . habuerit, respondeat . . .
non tamen ut persona sua exinde capi-
atur vel incarceratur. "
Title LXXI. , p. 43, provides
that clerics and judges " non sint
bajuli. "
Title XLV. , p. 48, clerics not to be
tried in secular courts, " excepto si
de proditione aliquis fuerit appellatus
vel de alio magno hujusmodi maleficio,
quod spectat ad majestatem nostram. "
In such cases the trial to be in the royal
curia.
Titles II. and HI. , p. 119-20, for-
bid the ordination of vassals without
the permission of their lords.
Liber I. , Titulus LXIX. , part ii.
p. 227, provides that " De burgen-
saticis petitorio vel quolibet pos-
sessorio adipiscende, recuperande vel
etiam retinende possessionis clericum
seu etiam quemvis religiosum pecu-
niaria actione conventum, in civili
volumus examine respondere. " See
note 1, p. 227, on the Pope's objection
and Frederick's reply.
See also Title XXIX. on the same
page, " De rebus stabilibus non alie-
nandis ecclesiis," which provides, among
other things, " si in ultima voluntate
aliquem de predictis (>>. e. , clerk or monk
or member of the military orders) locis
heredem instituerit, tunc domus que
? ? institutionem vel legatum acceperit"
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? CHAP. III. ] FREDERICK II. , HONORITJS HI. , GREGORY IX. 259
published in August 1231, and declared to cancel all previous
legislation conflicting with them. 1
Although at one time a rupture had appeared imminent,
it was averted, as both parties had need of one another ;
Gregory required Frederick's help in dealing with rebellious
Eomans, while Frederick wanted the Pope's support against
a rebellious son. Gregory was also at this time intent on
suppressing heresy, and Frederick had, in answer to the
Pope's appeal, promised to do his best to suppress it in the
kingdom. 2 He took care, however, in his constitutions to
keep the preliminary investigations in the hands of his officers,3
and later on we find Gregory suggesting that he was using
the pursuit of heresy as a pretext for burning his political
opponents. 4
Some time in the early summer Frederick summoned a
meeting of the imperial diet to Eavenna, apparently after
Gregory's warning not to use force against the Lombards.
Whatever Frederick's intentions may have been at the time,
he finally decided to endeavour to settle his differences with
the Lombards peaceably, and before September he accepted
the mediation of the Pope. 5
Gregory wrote some of the Lombard bishops, informing
them that Frederick had accepted him as arbitrator between
himself and the Lombard League, and asked them to inform
the rectors of the League, and to warn them of the danger
1 H. -B. , vol. iv. p. 5.
>> L. o. , vol. iii. p. 268 f. Frederick
writes : " Celestis altitude consilii que
mirabiliter in sua sapientia cunota
disposuit non immerito saccrdotii dig-
nitatem et regni fastigium ad mundi
regimen suhlimavit, uni spirituals et
alteri materialis conferens gladii potes-
ta tem, ut faominum ac dierum excres-
cente malitia et humania mentibus
diversarum superstitionum erroribus
inquinatis uterque justitie gladius
ad correctionem errorum in medio
aurgeret et dignam pro meritis in
auctores scelerum exeroeret ulti-
onem. " He undertook to do all in
his power to exterminate heresy in
his kingdom.
>> See 1. e. , vol. iv. p. 7 (Title I. B.
of the Constitutions of Melfi).
< Epis. Sae. XIII. , vol. i. 650, 15th
July 1233. Gregory to Frederick.
'* Verumtamen expedit . . . quod sub
horeticorum pretextu, quorum dudum
aliqui pro firmamento fldei, ut asseris,
incendio sunt commissi, fideles, qui
forte tuam celsitiudinem offendendo
non heretici . . . sunt inventi, nullo
modo pereant. "
5 This appears from Gregory's letter of
the 4th September 1231, Epis. Sae. XIII. .
vol. i. 452, to certain Lombard bishops
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? 262
TEMPORAL AND SPIRITUAL POWERS. [PAST II.
100 unarmed knights. The legates agreed they would not
ask for more concessions without the written consent of
the rectors and ambassadors of the League cities. 1 The
legates intended to go on to Ravenna to see Frederick, but
probably he had heard something of the proposals they
intended to put before him, and he left Eavenna before
they arrived, making his way by Venice to Friuli. Faced
with this situation, the legates reported their failure to
the Pope.
It shows Frederick's desire for a settlement that, notwith-
standing what had passed, he agreed in May to allow the
same legates to arbitrate. The situation had, however, altered
in his favour, as Verona had passed into friendly hands, and
the scope of the arbitration was now limited to the satisfac-
1 L. c. , 161-169. There is no record
of Frederick's claims, but from the
" propositiones Cardinalium," 166, it
appears that the matters they had
to deal with were " de satisfaction
idonea imperatori prestandu, de securi-
tate eidem Societati facienda et fir-
manda et modo adhibendo idoneo, si
imperator velit Alio suo et principibus
Alamannie venientibus ad ipsum a
dicta Societate liberum transitum ex-
hiberi, primo tractetur per ipsos legatos
inter imperatorem et Societatem pre-
fatam. . . . Et si inter imperatorem
et memoratam Societatem aliqui alii
etiam articuli apparerent, ex quibus
posset discordia generari vel foveri
concepta, placeat ut eodem modo et
ordine sopiantur. " With regard to a
claim by the emperor to decide dis-
putes between the cities, the people
of Piacenza (164) " dicunt, quia si
imperator debet esse iudex, qui con-
trarius et inimicus de longo tempore
extitit Lombardorum . . . merit o timere
possunt Lombardi, ne ius eorum pereat
vel quod imperator eorum iuri con-
trarium se opponat. " The envoys of
the people of Brescia wrote to their
podesta (165) that they had, at the
legate's request, given their replies in
writing regarding the alleged injury
done to the emperor. It was to the
effect that " non credebamus nos
offensionem imperatori fecisse nec
volebamus facere emendationem nisi
nudum et purum honorem, et non
que pertineret ad prestationem re rum
vel obsequium personarum. Super ad-
ventu filii eius et principum diximus,
quod placebat, ut venirent cum c. mili-
tibus tantum et sine armis, qui non
deberent dampnum Lombardis dare
vel vim inferre. Quibus etiam a cardi-
nalibus intellectis, responderunt, quod
non face rent nobis aliud preceptum
nisi secundum modum predictum
absque consensu rectorum et ambaxa-
torum, et de hoc facta est publica
scriptura. Verumtamen volebant, quod
commissio fieret in eis publioe gene-
ralis, quia pro maiori honore sibi
rcputabant et melius putabant factum
? ? posse procedere. " In view of the
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? CHAP, m. ] FREDERICK H. , HONORTUS HI. , GREGORY IX. 263
tion to be given to him and to the security to be given to the
League if it had to allow a free passage to the emperor and
to his son on the way to and from Germany. The legates or
the Eoman Church could not deal with other matters unless
both parties agreed. 1
Negotiations proceeded, but finally the legates referred the
whole matter again to the Pope, as on the imperial legate
failing to attend a meeting at Lodi the Lombard rectors tried
to make it an excuse for taking no further part.
on, after Frederick's return, he went so far as to demand
military assistance from the clergy. 5
1 That Frederick referred the Pope
to Reynold as his representative in
the negotiations he endeavoured to
start after his arrival at Acre appears
from Epis. Sae. XIII. , vol. i. 376,
p. 294, 1. 7 (Gregory to the people of
Genoa, 30th November 1228. See also
note 2 on p. 294. )
* Whatever Frederick's intentions
may have been Gregory could of
course only deal with the overt actions
of the emperor or of his agents.
>> L. c. , 399. Fresh excommunication
of Frederick, and excommunication of
Reynold of Spoleto and others by
Gregory about the 20th August 1229.
The grounds of excommunication in-
clude not only Frederick's shortcom-
ings regarding the crusade, but his be-
haviour in Sicily, " quod ad Romanam
ecclesiam specialiter noscitur perti-
nent " (p. 319, 1. 10).
* L. c. , 375, 7th November 1328.
* See Winkelmann,' Kaiser Friedrich
II. ,' vol. ii. p. 41, note 2. Regarding
Gregory's demand for tithes, Wen-
dover gives an account of Stephen's
(the Pope's chaplain) visit to England,
and of the refusal of the laity at a
Parliament, held in April 1229, to
give tithes. The clergy, according to
Wendover, agreed vory unwillingly for
fear of excommunication. Matthew
Paris, vol. iii. p. 186 f.
For an instance of Gregory's appeals
to rulers, see Epis. Sae. XIII. , vol. i.
378, of 21st December 1228, to the
King of Sweden. In this letter he
says the Roman Church is furnishing
three armies, and requires help in
money.
Besides demands for pecuniary help,
a few months later Gregory called on
bishops to send armed support. E. g. ,
his letter of 30th September 1229,
1. e. , 404, to the Bishop of Paris, in
which " monemus et hortamur at-
tente, per apostolica scripta in virtute
obedientie et sub dobito iuramentt
? ? districte precipiendo mandantes, ac
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? 254 TEMPORAL AND SPIRITUAL POWERS. [PABT II.
Gregory was at first very successful, and by the time
Frederick had returned from Palestine a great part of the
mainland was either occupied by papal troops or in open
revolt. The whole situation changed on Frederick's arrival,
and by the beginning of October he had recovered all the
territories, belonging to the kingdom, he had lost. So far,
however, from attempting to make use of his victory to
recover any of the lands lost to the empire at Eger, Frederick
pressed peace negotiations on the curia. These negotiations
dragged on until, in February 1230, Frederick invited some
of the German princes to mediate between him and the Pope.
After long-protracted discussions he received absolution on
the 28th August. The terms of the peace appeared on the
surface a great victory for the Pope. 1 Frederick, though the
victor so far as the war was concerned, had to give up all
the papal lands occupied by his troops, and to repay any
expenses incurred by the Pope in defending them ; he had
also to agree that the civil courts should have no jurisdiction
over the Sicilian clergy saving in feudal matters. The clergy
were to be exempt from taxation. These concessions were
of some importance, but, as was proved by results, they did
not suffice to weaken Frederick's hold over the kingdom.
The Lombard League had sent troops to assist the Pope,2
and Frederick was obliged, among the other conditions of
in romissionem peccaminum, tam tuo-
rum quam eorum qui in obsequium
eeclesie vonerint, iniungentes . . . ad
nos personaliter venire cum congruo
exfortio bellatorum vol mittere sine
dispendio more procures. " In the case
of the Archbishop of Lyons, 1. e. , 403,
the Pope went further, threatening
him with excommunication if he did
not obey his orders.
1 The terms of the agreement are
embodied in a number of documents
(M. G. H. , 'Const,' vol. ii. 126-149,
July to October 1230). As regards the
taxation of clerics, Frederick gave
orders in 137, " quatinus nullus sit
qui deinceps tallias seu collectas im-
ponat eoclesiis, monasteriis, clericis
seu personis ecclesiasticis vel rebus
eorum, salvia debitis servitiis ad que
certe eeclesie ac persone nobis nos-
ountur esse specialiter obligate. "
* Epis. Sae. XIII. , vol. i. 395, 26th
June 1229. In his letter to the Lom-
bard League, calling on them to send
their promised military assistance,
Gregory urges that it is owing to their
importunity that he has taken action
against Frederick. " Scitis . . . nos ex
summo desiderio et deliberato consilio
vestro contra Fridericum dictum im-
peratorem negotium inchoasse, cum
idem totis mentis afiectibus aspiraret
ad extermimum Lombardie. " See also
l. e. , 385, 15th May 1229, and 405, 9th
October 1229.
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? CHAP, m. ] FREDERICK TL. , HONORTUS HI. , GREGORY IX. 255
peace, to promise to forgive all offences committed by them
and by others in connection with the help given by them
to the Church. , This left it open to him to take up any
cause of offence prior to his excommunication. Gregory in
his first (apparently) letter to the Lombard League after the
peace, enclosing Frederick's promises, assured them that he
would take the lightest offence to them as a grave offence
to himself. 1
The net result was really in Frederick's favour. Gregory
had been obliged to accept the result of the crusade,2 and
he had not succeeded in weakening Frederick's hold over
Sicily. During the contest Gregory had been compelled, by
his need of money to carry on the struggle, to make pecuniary
demands on ecclesiastics which were resented at the time, and
formed an unfortunate precedent for the future.
During the years of uneasy peace that intervened between
the peace of Ceperano and the final breach between Frederick
and the Papacy, the main subjects of difference concerned the
relations between the emperor and the Lombard League,
and his treatment of the clergy, military orders, and rebels
in Sicily. In the case of the Lombard League the efforts
of the Pope were constantly directed to securing for himself
the final decision in all matters in dispute between them and
the emperor. In Sicily the special subjects of complaint
related to the taxation of the clergy, their trial in certain
classes of cases by the secular courts, the seizure by the king
of lands held by the military orders of the Temple and of the
Hospital, and the banishment or confiscation of the property
1 L. c. , 420, 18th October 1230.
Gregory assures them " vobis et parti
vestre sufficienter est cautum, quod
nullatenus vos offendet; sed remisit
expresse, si eum forsitan offendistis.
Quare non expedit ut exinde ulla-
tenus dubitetis, cum nec leviter possetis
ofiendi, quin graviter nos reputaremus
offensos. " This was not correct.
Frederick had only pardoned offences
committed during his quarrel with
the Pope, and it is so put in a later
letter by the Pope to the Lombard
bishops, 1. e. , 454, of 27th September
1231.
2 Though there is no reference to
the matter in the peace terms, it appears
that Gregory had tacitly accepted
Frederick's ten years' truce with the
Sultan of Egypt. Vide letter of 26th
February to the Master of the Templars
at Jerusalem, 1. e. , 427.
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? 256
TEMPORAL AND SPIRITUAL POWERS. [PAST II.
of rebels, whose pardon by Frederick had in some cases been
guaranteed by the Church. Towards the end of the period
there was constant and growing friction regarding the filling
up of vacancies in the Church, as the Pope would not accept
the persons elected by the chapters, on the ground apparently
that there had been undue influence by the king or his officials.
There were other causes of friction, but not, on the whole,
more serious than might occur in the normal relations between
the Papacy and any other secular powers.
We have seen in the preceding section that Gregory, in
appealing to the Lombard League to send their promised
troops, disclosed how close the connection between them had
been, by his statement that it was due to their pressing advice
(summo desiderio et deliberate consilio) that he had started
taking action against the emperor, who was wholly intent on
their destruction. 1 He had consulted them while negotiations
were going on,2 and in his letter forwarding the terms of peace
he assured them that he would look on any injury to them,
however slight, as a serious injury to himself. 3
In April 1230, while negotiations for peace were going on,
Frederick had written the authorities of Cremona authorising
them to arrange terms of peace with other Lombard cities,
and to grant them forgiveness of all offences whatsoever
against the empire. * Possibly the people of Cremona were
not very anxious to have peace restored on easy terms for
their enemies ; at all events, whatever the reason, Frederick's
offer appears to have met with no response. In 1231 he took
up the matter again, and issued an encyclical, apparently to
all cities of the imperial party, calling on them to send repre-
sentatives to meet him in Southern Italy to discuss the steps
to be taken to restore peace and justice among his subjects. 5
We do not know what followed this summons, but we find
1 See note 2, p. 254.
>> L. c. , 409, 10th November. He
sends Frederick's request for peace
" quatinus eo perspicaciter intellecto
nobis vestrum consilium intimetis ;
scituri pro certo quod ecclesia mater
vestra numquam vos deseret, . . . "
8 See note 1, p. 255.
4 M. G. H. , ' Const. ,' vol. ii. 126.
<< L. c. , 162, 10th March 1231. En-
cyclical announcing a meeting for the
25th April following in the Terra del
Lavoro or in the Capitanata.
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? CHAP, in. ] FREDERICK II. , H0N0RIUS HI. , GREGORY IX. 257
Gregory two months later writing a letter warning Frederick
not to use force against the Lombards, and urging him to let
the Pope act as mediator. 1
As we have already mentioned, there were other causes of
friction between the Pope and the emperor. A minor cause
of papal dissatisfaction concerned the possessions of the
Templars and Hospitallers. In the conditions of the peace
of Ceperano, it was provided that all their possessions seized
by the emperor or his officers should be restored to them. 2
Gregory wrote repeatedly on the subject to -Frederick, but
he did not tax Frederick with a breach of faith, and Frederick's
defence was that he did not deprive them of anything they
were legally entitled to hold. 3
1 Epis. Sae. XIII. , vol. i. 440,
Gregory to Frederick, 18th May 1231.
" saluti, honorificentie ac quieti tue
credimus expo dire,. . . in mansuetudine
opera tua facias . . . noe longanimi-
tatem tuam, que debet semper in
pectore principis principari, seduci
permittas, ut iustitiam exacerbens et
preiudicaris equitati, contra Lombardos
non iuris ordine set virium potestate
procodas, quia facile crederetur, quod
ad id non sine nostri offensa ex prece-
dentis indignationis amaritudine move.
reris . . . celsitudinem tuam rogamus,
monemus et hortamur in domino . . .
cum ad reconciliationem intendamus
auctore Domino emcaciter interponere
partes nostras, nostris consiliis acquies-
cas, rescripturus nobis plene ac plane
tue super hoc arbitrium voluntatis, ut
ex tuo responso sciamus, qualiter nobis
sit in negotio procedendum. "
<< M. G. H. , ' Const. ,' vol. ii. 130,
p. 173, 1. 11 f.
? Vide Epis. Sae. XIII. , vol. i. 425,
19th January 1231 ; 428 of 26th
February 1231 ; and 439 of 29th
April 1231, all to Frederick; also
431 of 26th February 1231 to the
Bishop of Reggio. From 428 it appears
that his letters refer to possessions
restored, and then again taken away
VOL. V.
from them. In 439 Gregory suggests
arbitration as regards fiefs, while in
other cases the matter should be de-
cided by the Pope or by some one
delegated by him. We have not
Frederick's answers to his letters, but
he explained his position in 1238, vide
H. -B. , vol. v. 252 : " A Templariis et
Hospitalariis verum est quod per judi-
cium et per antiquum constitutionem
regni Sicilie revocata sunt feudalia et
burgasatica que habuerunt per con-
cessionem invasorum regni. . . . Allia
tamen feudalia et burgasatica dismissa
sunt eis qualitercunque ea adquisie-
runt et tenuerunt ante mortem regis
Williolmi secundi seu de quibus haberent
concessionom alicujus antecessorum suo-
rum. Nonulla vero burgasatica que
emerunt revocata sunt ab eis seoundum
formam antique constitutionis regni
Sicilie : quod nihil potest eis sine con-
? ? sensu principis de burgasaticis inter
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? 258 TEMPORAL AND SPIRITUAL POWERS. [PAST II.
In July Gregory wrote a very angry letter regarding the
constitutions of Melfi (a code of laws for the Sicilian king-
dom), which Frederick was about to publish, declaring that
they showed him to be a persecutor of the Church and a
destroyer of public liberty (ecclesie persecutor et obrutor
publice libertatis). 1 Frederick was very indignant, and
Gregory evidently felt he had gone too far, for three weeks
later he wrote a conciliatory letter pointing out that his
rebuke, though sharp, had been private and by letter, in
which it is difficult to give expression exactly to what one
feels. 2 Frederick did not give way, and the constitutions were
1 Epia. Sae. XHJ. , vol. i. 443, 5th
July 1231. " Intelleximus siquidem,
quod vel proprio motu vel seductus
inconsultia consiliis perversorum, novas
edere constitutiones intendis, ex quibus
nocessario sequitur, ut dicaris ecclesie
persecutor et obrutor publice liber-
tatis. . . . " For the constitution,
see H. B. , iv. p. 1 f. Gregory does
not mention which of the constitu-
tions he objects to. Among those
he probably disliked are the fol-
lowing :--
Title I. B. , p. 7, regarding heretics
and Patarenes, which left the in-
itiative in inquiries to the king's
officers.
Title LXViH. , p. 40, provides that
" Si quis clericus de hereditate vel
aliquo tenimento quod non ab ecclesia,
sed a nobis vel ab alio aliquo per
patrimonium [sive aliunde] teneat, ap-
pellatus fuerit, volumus ut de hoc
in curia illius in cujus terra posses-
sionem . . . habuerit, respondeat . . .
non tamen ut persona sua exinde capi-
atur vel incarceratur. "
Title LXXI. , p. 43, provides
that clerics and judges " non sint
bajuli. "
Title XLV. , p. 48, clerics not to be
tried in secular courts, " excepto si
de proditione aliquis fuerit appellatus
vel de alio magno hujusmodi maleficio,
quod spectat ad majestatem nostram. "
In such cases the trial to be in the royal
curia.
Titles II. and HI. , p. 119-20, for-
bid the ordination of vassals without
the permission of their lords.
Liber I. , Titulus LXIX. , part ii.
p. 227, provides that " De burgen-
saticis petitorio vel quolibet pos-
sessorio adipiscende, recuperande vel
etiam retinende possessionis clericum
seu etiam quemvis religiosum pecu-
niaria actione conventum, in civili
volumus examine respondere. " See
note 1, p. 227, on the Pope's objection
and Frederick's reply.
See also Title XXIX. on the same
page, " De rebus stabilibus non alie-
nandis ecclesiis," which provides, among
other things, " si in ultima voluntate
aliquem de predictis (>>. e. , clerk or monk
or member of the military orders) locis
heredem instituerit, tunc domus que
? ? institutionem vel legatum acceperit"
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? CHAP. III. ] FREDERICK II. , HONORITJS HI. , GREGORY IX. 259
published in August 1231, and declared to cancel all previous
legislation conflicting with them. 1
Although at one time a rupture had appeared imminent,
it was averted, as both parties had need of one another ;
Gregory required Frederick's help in dealing with rebellious
Eomans, while Frederick wanted the Pope's support against
a rebellious son. Gregory was also at this time intent on
suppressing heresy, and Frederick had, in answer to the
Pope's appeal, promised to do his best to suppress it in the
kingdom. 2 He took care, however, in his constitutions to
keep the preliminary investigations in the hands of his officers,3
and later on we find Gregory suggesting that he was using
the pursuit of heresy as a pretext for burning his political
opponents. 4
Some time in the early summer Frederick summoned a
meeting of the imperial diet to Eavenna, apparently after
Gregory's warning not to use force against the Lombards.
Whatever Frederick's intentions may have been at the time,
he finally decided to endeavour to settle his differences with
the Lombards peaceably, and before September he accepted
the mediation of the Pope. 5
Gregory wrote some of the Lombard bishops, informing
them that Frederick had accepted him as arbitrator between
himself and the Lombard League, and asked them to inform
the rectors of the League, and to warn them of the danger
1 H. -B. , vol. iv. p. 5.
>> L. o. , vol. iii. p. 268 f. Frederick
writes : " Celestis altitude consilii que
mirabiliter in sua sapientia cunota
disposuit non immerito saccrdotii dig-
nitatem et regni fastigium ad mundi
regimen suhlimavit, uni spirituals et
alteri materialis conferens gladii potes-
ta tem, ut faominum ac dierum excres-
cente malitia et humania mentibus
diversarum superstitionum erroribus
inquinatis uterque justitie gladius
ad correctionem errorum in medio
aurgeret et dignam pro meritis in
auctores scelerum exeroeret ulti-
onem. " He undertook to do all in
his power to exterminate heresy in
his kingdom.
>> See 1. e. , vol. iv. p. 7 (Title I. B.
of the Constitutions of Melfi).
< Epis. Sae. XIII. , vol. i. 650, 15th
July 1233. Gregory to Frederick.
'* Verumtamen expedit . . . quod sub
horeticorum pretextu, quorum dudum
aliqui pro firmamento fldei, ut asseris,
incendio sunt commissi, fideles, qui
forte tuam celsitiudinem offendendo
non heretici . . . sunt inventi, nullo
modo pereant. "
5 This appears from Gregory's letter of
the 4th September 1231, Epis. Sae. XIII. .
vol. i. 452, to certain Lombard bishops
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? 262
TEMPORAL AND SPIRITUAL POWERS. [PAST II.
100 unarmed knights. The legates agreed they would not
ask for more concessions without the written consent of
the rectors and ambassadors of the League cities. 1 The
legates intended to go on to Ravenna to see Frederick, but
probably he had heard something of the proposals they
intended to put before him, and he left Eavenna before
they arrived, making his way by Venice to Friuli. Faced
with this situation, the legates reported their failure to
the Pope.
It shows Frederick's desire for a settlement that, notwith-
standing what had passed, he agreed in May to allow the
same legates to arbitrate. The situation had, however, altered
in his favour, as Verona had passed into friendly hands, and
the scope of the arbitration was now limited to the satisfac-
1 L. c. , 161-169. There is no record
of Frederick's claims, but from the
" propositiones Cardinalium," 166, it
appears that the matters they had
to deal with were " de satisfaction
idonea imperatori prestandu, de securi-
tate eidem Societati facienda et fir-
manda et modo adhibendo idoneo, si
imperator velit Alio suo et principibus
Alamannie venientibus ad ipsum a
dicta Societate liberum transitum ex-
hiberi, primo tractetur per ipsos legatos
inter imperatorem et Societatem pre-
fatam. . . . Et si inter imperatorem
et memoratam Societatem aliqui alii
etiam articuli apparerent, ex quibus
posset discordia generari vel foveri
concepta, placeat ut eodem modo et
ordine sopiantur. " With regard to a
claim by the emperor to decide dis-
putes between the cities, the people
of Piacenza (164) " dicunt, quia si
imperator debet esse iudex, qui con-
trarius et inimicus de longo tempore
extitit Lombardorum . . . merit o timere
possunt Lombardi, ne ius eorum pereat
vel quod imperator eorum iuri con-
trarium se opponat. " The envoys of
the people of Brescia wrote to their
podesta (165) that they had, at the
legate's request, given their replies in
writing regarding the alleged injury
done to the emperor. It was to the
effect that " non credebamus nos
offensionem imperatori fecisse nec
volebamus facere emendationem nisi
nudum et purum honorem, et non
que pertineret ad prestationem re rum
vel obsequium personarum. Super ad-
ventu filii eius et principum diximus,
quod placebat, ut venirent cum c. mili-
tibus tantum et sine armis, qui non
deberent dampnum Lombardis dare
vel vim inferre. Quibus etiam a cardi-
nalibus intellectis, responderunt, quod
non face rent nobis aliud preceptum
nisi secundum modum predictum
absque consensu rectorum et ambaxa-
torum, et de hoc facta est publica
scriptura. Verumtamen volebant, quod
commissio fieret in eis publioe gene-
ralis, quia pro maiori honore sibi
rcputabant et melius putabant factum
? ? posse procedere. " In view of the
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? CHAP, m. ] FREDERICK H. , HONORTUS HI. , GREGORY IX. 263
tion to be given to him and to the security to be given to the
League if it had to allow a free passage to the emperor and
to his son on the way to and from Germany. The legates or
the Eoman Church could not deal with other matters unless
both parties agreed. 1
Negotiations proceeded, but finally the legates referred the
whole matter again to the Pope, as on the imperial legate
failing to attend a meeting at Lodi the Lombard rectors tried
to make it an excuse for taking no further part.
