papal legate, and he was not
responsible
for the rejection of
the Moslem offer to exchange it for Palestine.
the Moslem offer to exchange it for Palestine.
Thomas Carlyle
] FREDERICK II.
, HONORIUS HI.
, GREGORY IX.
243
Under the terms of this award, both sides were to with-
draw all hostile orders issued and to restore all prisoners taken
while hostilities were going on. The Lombard members of
the League were required to rescind all laws in contravention
of ecclesiastical liberty, and to observe all ecclesiastical and
imperial laws concerning heresy. They were also to provide
at their own expense 400 " milites " to assist the emperor
in his crusade. 1 A letter from the Pope to the League informed
them that this last provision was not binding should the
emperor fail to start, unless he was specially exempted by the
Pope from doing so. 2 The effect, so far as the empire was
concerned, was merely to restore the status quo ante, while
there were important gains to the Church. The award did
not, however, deal with the questions at issue between the
emperor and the League, so that it was still open to the
emperor to revive his claims at a more convenient time and
without reference to the Pope.
Frederick at once accepted the award, but the Lombards
raised frivolous difficulties, and had not signed the agreement
when the Pope died. 3
During the pontificate of Honorius, Frederick had by very
considerable concessions to the German princes, ecclesiastical
and secular, secured peace in Germany so far as to enable
him to devote his attention to Sicily, where he set about
establishing a centralised and powerful government. By
1226 he apparently considered himself strong enough to
extend his authority over Lombardy. His first attempt was
a complete failure owing to the stubborn opposition of the
League, and he was thus obliged to accept the Pope's restora-
tion of the status quo ante for the time being.
The net result of events during the pontificate of Honorius
was to bring about a critical state of relations between the
Papacy and the empire. Frederick had maintained the per-
sonal union of Sicily and the empire. At Veroli in 1222,
and again in a more serious form in 1226, he had showed his
desire to modify the territorial arrangements agreed to at
1 See note 6, p. 242. 1227. The Lombards finally accepted
* L. c. , 331. the orders of the Pope (M. G. H. ,
* Honorius died on the 17th March 'Const. ,' ii. 114, 26th March 1227).
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? 244 TEMPORAL AND SPIRITUAL POWERS. [PABT II.
Eger, and in the 1226 correspondence he had disclosed his
real feelings towards the Papacy. In 1218, and again in 1226,
the Church had shown that it would do its best to prevent
any serious weakening of the anti-imperial cities in Lombardy.
This was a matter on which neither side could give way, and
it was to play a very large part in the final struggle between
Frederick II. and the successors of Honorius. Finally, by his
constant postponements of the crusade, whether justified
or not, and by his pledge in 1225, Frederick had laid
himself open to attack by the Church, on grounds very
disadvantageous to himself.
Honorius died on the 17th March 1227, and was succeeded
on the 19th by Gregory IX. , who was a relation of Innocent
HI. With Gregory a very different regime begins, for he was
not like his predecessor--willing to shut his eyes temporarily
to matters which might be a cause of offence. Gregory was
the Cardinal Hugo who, as papal legate, had unwillingly
started for Germany to arrange terms of peace with Philip
of Swabia, and who again as papal legate had forced the
people of Cremona to accept him as arbiter. Within a week
of his election he had written Frederick a letter quite friendly
in tone, but ending with a serious warning of the results if
he did not start on his crusade by the time fixed. 1 Gregory
also wrote the rectors of the Lombard League to send the
forms of agreement prepared by the papal office, and to do
it quickly, so that Frederick might not become aware of their
delay nor of the constant reminders sent to them by the
Apostolic See. 2
The time of Frederick's departure for Palestine had been
settled for August 1227, and Brindisi was the port of depar-
ture. Large numbers were attracted by Frederick's offers
* Epis. Sae. XHI. , vol. i. 343 (p. 262,
1. 21 f. ), 23rd March 1227. " Tu ergo, fili
karissime, ad ilium, qui dominatur in
regno hominum . . . debitum habens
cum devotiono respectum, sic precibus et
monitis noetris obtempera, quod nequa-
quam nos et to ipsum in illam neces-
sitatem inducas, de qua forsan to de
facili non poterimus, etiamsi volue-
rimus, expedire. "
* L. c. , 345, 27th March 1227.
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? CHAP. III. ] FREDERICK II. , HONORIUS HI. , GREGORY IX. 245
of free transport to those desirous to take part in the crusades,
and a serious epidemic broke out among the crowds waiting
to embark. The emperor's account of what happened up to
the time of his excommunication is that he fell ill, but not-
withstanding went to Brindisi, and the arrangements for
departure were pressed on. Finally he made a start, accom-
panied by the Landgrave of Thuringia and many other Ger-
man princes, on the 9th September. Two days later he
landed again at Otranto, where he lay ill, while the Land-
grave died shortly after landing. On the advice of his princes
the expedition went on to Palestine, while he postponed his
own departure till the following May. Envoys were sent to
Gregory to explain what had happened, but the Pope would
not even receive them, and on the 29th September he pro-
nounced him to have incurred the penalty of excommunication
under the terms of his oath given at San Germano in 1225. 1
In his encyclical issued a few days later, Gregory sums up
Frederick's shortcomings, which were aggravated by the fact
that he was protected during his minority by the Church, to
which he also owed his promotion first to king (of the Eomans)
and finally to emperor. He gave as the specific grounds of
excommunication not only his failure on frivolous pleas to
start at the time fixed, but also his failure to provide the
stipulated military forces and the money payments required.
He taxed him with not providing enough transports, and with
fixing the rendezvous at the height of summer in an unhealthy
climate, Brindisi having been selected by Frederick, as he
had fallen out with other cities with ports. He made him
responsible in the past for the loss of Damietta, and the
rejection of the Moslem offer to give up the Holy Land in
exchange for that city. Frederick had also offended in many
ways against clerics and laymen, but the Church had ignored
the cries of the sufferers, lest it should give Frederick some
excuse for postponing his departure. 2 This last complaint
evidently refers to the Sicilian kingdom, for in a letter to
1 See Frederick's account in his * Epis. Sae. XITI. , vol. i. 368, 10th
encyclical regarding his excommunica- October 1227. Gregory writes of the
tion (M. G. H. , ' Const. ,' ii. 116). great enemies of the Church, pagans,
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? 246
TEMPORAL AND SPIRITUAL POWERS. [PAKT n.
Frederick in the end of October he called on him to mend his
ways in the kingdom (i. e. , the Sicilian kingdom), both in his
treatment of rebels whose agreements with him had been
guaranteed by the Church, and also in his conduct to eccle-
siastics and laymen, a matter of special concern to the Church,
tyrants whose rage " exterminat iusti-
tiam et conculeat ecclesiasticam liber-
tatem," heretics, " f also rum fratrum
et filiorum dolosa perversitas. " To
deal with them the Church " quendam
nutrivit alumnum, imperatorem vide-
licet Fridericum, quem quasi a matris
utero excepit genibus . . . educare
studuit multis laboribus et expensis,
usque ad virum perfectum doduxit,
ad regie dignitatis decorem et tandem
ad fastigium culminis imporialis pro-
venit, oredens ipsum fore defensionis
virgam et sue baculum senectutis. "
He tells of Frederick's taking the
cross of his own motion, without the
knowledge of the Holy See, of his con-
stant postponements, and of the final
agreement at San Germano, where Fred -
erick (p. 283, 1. 17) " in animam suam
iurari faciens se ista que prediximus
impleturum, et sponte consentiens in
ipsum et regnum suum ferri sententiam,
si hec non fuerint observata. " Ho
contrasts what Frederick actually did,
with these stipulations " cum ad eius
frequentem instantiam multa crucc-
signatorum millia per excommunica-
tionis sententiam coarctata in termino
destinato ad portum Brundusii pro-
perassent, quia gratiam suam imperator
subtraxerat civitatibus fere omnibus
in portubus constitutis, idem a prede-
cessore nostro ac nobis frequentius
monitus, ut diligenter pararet omnia
et fideliter que spoponderat adimpleret,
ipse omnium promissorum, que aposto-
lice sedi et crucesignatis . . . immemor,
tamdiu in estivi fervoris incendio in
regjone mortis et raria corruptela deti-
nuit excercitum Christianum, quod non
solum magna pars plebis, verum etiam
non modica multidudo nobilium et
magnatum pestilentia, sitis ariditate,
ardoris incendio ac multis incommodi-
tatibus expiravit. " Even for those
that were left sufficient ships had not
been provided, and a start was made
too late, the crusaders expecting
Frederick to follow. He, however,
" in suum et totius Christianitatis
opprobrium retrorsum abiit, attractus
et illectus ad consuetas delicias regni
sui, abiectionem cordis sui frivolis
oxcusationibus, ut dicitur gestiens pal-
liare. Attendite et videte, si est dolor
sicut dolor aposioliee sedis, matris
vestre, sic crudeliter et to ties decepte
a filio . . . dissimulans interim, ne occa-
sione inventa se averteret a Torre
Sancte subsidio, exilia presulum, spolia-
tiones, captivitates et iniurias multi-
? ? plices, quas ecclosiis et religiosis et
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? CHAP. III. ] FREDERICK H. , HONORIUB DOC. , GREGORY IX. 247
and he ended with a threat if Frederick did not mend his
ways. In this letter Gregory dwells on the leniency with
which Frederick has been treated, as his excommunication
was merely the putting into effect of Frederick's own agree-
ment two years before. 1 A little later, on the 18th November,
Gregory held a council of Italian bishops in Eome, and
announced for the second time Frederick's excommunication. 2
According to Frederick his envoys were admitted to this
council, but not until the matter had been practically settled. 3
Frederick now at last published his defence; unwillingly,
as he professes, but forced into it by the Pope. In his answer
he dealt with the specific complaints made by the Pope in
his encyclical. Instead of owing gratitude to the Papacy,
it had placed him in great peril in his minority, and his king-
dom had suffered serious injury during the papal guardian-
ship. He, on the other hand, had done great service to the
Church when Otto turned on it, and no one else was forth-
coming to govern the empire to which he himself had been
elected by the princes. * The loss of Damietta was due to the
1 Epis. Sae. XIII. , vol. i. 370 (p. 287,
1. 2 f. ). " Ideoque imperialem mansue-
tudinem rogamus . . . ad solvenda varia
vincula, quibus tonoris astrictus, in-
stanter intendas, et ad gremium matris
ecclesie te desiderabiliter expectantis
cum omni celeritate festines, satis-
faciendo Deo, qui tibi utique satis
fecit, et bomnibus iustitiam exhibendo.
Sicut enim scire te credimus, contra
nos murmuratur imo clamatur, quod
prelatorum exilium, ecolesiarum . . .
spoliationes et alias atroces iniurias
visi sum us hactenus sub dissimulatione
transire. " Gregory montions several
cases, and proceeds, " Preterea cum
regnum Sicilie pleno proprietatis iure
ad Romanam spectaet ecclesiam, non
solum calami tatibus oppressorum com.
passionis affectu confodimur, gemen-
tium quod illos in eis sustinemus impie
servitutis abusus, quos vix debemus
in regnis aliis comportare, set con.
fundimur a vocibus exprobrantium et
obloquentium, quod tales afitictiones
in hiis, qui ad sedem apostolicam te
mediante pertinent, toleramus quales
ipse in hiis qui ad te spoctant aliquo
medio nullatenus tolerares, cum interait
nostra potissimo beneficio consolationis
adesse quibuslibet tribulatis. Quare nec
illorum penas nec tuas culpas possumus
ulterius salva conscientia comportare,
presertim cum super hiis iam monitus
fueris diligenter. " If Frederick does
not put these matters right, " nequa-
quam dissimulare poterimus, quin
secundum Deum et iustitiam proce-
damus. "
The end of October seems the most
probable date for this letter. See
Winkelmann, ' Kaiser Friedrich II. ,'
vol. i. p. 336, note 2.
* ' Rycardus di San Germano,' p. 127.
? M. G. H. , 'Const. ,' ii. 116, pp.
153-4 (15) and (16).
4 Apparently the reference is to his
? ? election in 1196.
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? 248 TEMPORAL AND SPIRITUAL POWERS. [paet n.
papal legate, and he was not responsible for the rejection of
the Moslem offer to exchange it for Palestine. As regards the
crusade, he had supplied the full number of knights and all
the money required, but he had been compelled by illness
to postpone his departure. All this his envoys could have
explained, but they were not listened to. As regards Brindisi,
it was the usual port of embarkation, and he had personally
suffered from the effects of the epidemic. Frederick ended
his encyclical by the announcement that he would start for
the Holy Land in May. 1
1 L. c. , 116, 6th December 1227.
" In admirationem vertitur vehementer,
quod unde pro multis beneficiis pre-
stalabamur gratiam, hide tam often,
sionis quam contumelie diversa genera
reportamus. Inviti loquimur, set
tacere noquimus, quod in eo quod
diu tacuimus apes, que multos decipit,
nos decepit. . . . Audiat igitur et
intelligat orbis terre, quod provocati
trahimur scripturis et nuntiis dudum
nostre matria ecclesie, nunc in filium
novercantis, quos contra nos ubique
terrarum, aicut accepimus, destinavit. "
With regard to hia auccession to the
empire, he writes how Otto " in
ipsum tutorem nostrum, per quem
coronatus fuerat, nequiter conspiravit,"
so that " tunc verius quam nunc ab
existentibus in navicula Petri tantis
tempestatibus agitata clamari poterat:
' Domine aalve nos, perimus. ' Cumque
non inveniretur alius, qui oblatam
imperii dignitatem contra nos et
nostram iusticiam vellet assumere et
periclitanti navicule de portus aolatio
providerc, vocantibus nos principibus,
ex quorum electione nobis corona
imperii debebatur, tunc dormiens in
puppe Dominus discipulorum clamo-
ribus excitatus per nos derelictum,
quem mirabiliter preter humanam
conscientiam conservarat, deiciendo
superbum et humilem exaltando . . .
naviculam non solum liberavit a
nuctibus, set in tutiori et altiori
specula mirabiliter collocavit. . . . "
Frederick deals with the negotiations
regarding postponements of the crusade,
the San Germano agreement, and the
arrangements for the start. As regards
the place (p. 152,1. 20), " ad loca passagii
non a nobis sed ab antiquis temporibus
ordinate. " Notwithstanding illness, he
pushed on the arrangements, and there
were more ships than were wanted
for the pilgrims. As regards the
" corruptela vero seria . . . nulli mag is
quam nobis molestum extitit et damp-
nosum. Nam in propria persona
sensimus" He started, but had to
return because of a severe relapse.
He consulted the princes and other illus-
trious peraons present, and was advised,
after they had considered the state
of his health and other circumstanens,
not to start. The Pope would not even
receive his envoys, and (p. 153, 1. 27)
? ? " denuntiavit in nos pro eisdem tribus
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? CHAP, ni. ] FREDERICK II. , HONORITJS HI. , GREGORY IX. 249
Frederick also showed his determination not to submit
by proceeding with his preparations to start in May, and by
giving orders that any of the clergy refusing to celebrate
" divine office " in his presence were at liberty to do so, but
would forfeit any temporal possessions conferred by his pre-
decessors (per divos augustos progenitores nostros). 1
On Maundy Thursday in 1228 Gregory repeated the pub-
lication of the emperor's excommunication. In his encyclical
announcing it, he added to his previous grounds of excom-
munication others connected with Frederick's conduct in
Sicily. From his letter it appears that Frederick's failure
in connection with the crusade was only one of many other
matters for which Frederick was punished, and that negotia-
tions with Frederick had broken down because he would not
give way regarding matters connected with his administration
of Sicily. Gregory increased the severity of the previous
order by an interdict on any place where Frederick might
happen to be staying. His answer to Frederick's order to
the clergy regarding divine service was a threat to proceed
against him as a heretic. He also threatened to release his
subjects from their oath of fidelity, and to deprive him of
his fief if he did not cease from oppressing the people of his
kingdom. 2
Frederick asks (p. 155, 1. 12 f. ) that
" Presentes vero litteras ob reveren-
tiam nostram publico perlegi facias
et audiri, quod ex carum tenore
cunctis patent nostra innocentie cer-
titudo et iniuria, que nobis et imperio
infertur. "
1 H. -B. , vol. Hi. 61, end of 1227.
Frederick to his justiciars.
? Epis. Sae. XIII. , vol. i. 371, p. 289,
end of March 1228. Gregory to all the
prelates of Apulia. Gregory had sent
envoys to Frederiok, but they had
been unable to bring him to repent-
ance. Accordingly " in proximo pre-
terito festo cene Dominice" he ex-
communicated him " tum pro eo quod,
ut premissum est, non transfretavit
in subsidium Terra Sancte, nee pro-
missum numerum militum in expensis
suis tenuit vel transmisit, nec pecuniam
quam promiserat destinavit, tum quia
venerabilem fratrom nostrum Taren-
tinum archiepiscopum ad sedem pro-
priam accedere non permittens, eum
populum suum non patitur visitare,
tum etiam quia Templarios, Hospita-
larios bonis mobilibus et immobilibus,
que habebant in regno temere spoliavit,
et quia (he broke) compositionem fac-
tam inter ipsum et comitom Celanensem
. . . " guaranteed by the Church of
Rome at his request, " et quia comitem
Rogerium crucesignatum sub apostolice
nedis protectione receptum, comitatu
et aliis terris indebite spoliavit. . . . "
He threatens, " si non cessaverit ab
opprassione pupillorum, orphanorum
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? 250 TEMPORAL AND SPIRITUAL POWERS. [PAST II.
Before starting for Palestine, Frederick issued an encyclical
in which he informed the world that, notwithstanding his
innocence, he had sent the Pope a statement of the satisfac-
tion he was prepared to give for not starting at the time
fixed, but the Pope would neither accept what he offered nor
state what he would accept. He also complained that the
Pope had enrolled soldiers to attack him. 1
It appears to have been Gregory's determination to get a
settlement of the Sicilian questions that made the breach
inevitable. The whole basis of Frederick's policy was a strong
centralised government in Sicily, and we shall find hereafter
that, however willing he might be to make concessions, whether
honestly intended or not, in other matters, he would not
allow his authority in his kingdom to be seriously weakened.
Frederick started for Palestine seriously hampered by the
papal excommunication and interdict, not only in his rela-
tions to the Church and to the great military orders in Pales-
tine, but also in his negotiations with El Kamel, the Sultan
of Babylonia (i. e. , of Egypt), who was well aware of the quarrel
between the Pope and the emperor.
Frederick had not a military force sufficient to conquer
the Saracens, but notwithstanding he succeeded in nego-
tiating a treaty by which the Sultan surrendered to him
Jerusalem and some of the other holy places, such as Beth-
lehem and Nazareth. The treaty contained several provisions
very distasteful to the Christians. Among others the Saracens
were allowed to retain the Mosque of Omar, and for the ten
years to which the truce extended Frederick was not to
attack the Saracens, and was to oppose, if necessary by force,
any attack on them. The territories of Tripoli and Antioch
were not included in the truce, and while it lasted the emperor
was not to assist the rulers of these lands against the Saracens,
et viduarum eeu nobilium et aliorum poterit formidare se iure feudi privan-
hominum regni vel eius destructione, dum. "
quod ad Romanam ecclesiam specia- 1 M. G. H. , ' Const. II. ,' vol. ii. 119,
liter noscitur pertinere . . . merito end of June.
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? CHAP, m. ] FREDERICK n. , HONORIUS iH. , GREGORY IX. 251
nor permit others to do so. Taken as a whole, however, the
Christians gained more than in any, save the first, crusade.
Frederick and the Grandmaster of the Teutonic Order repre-
sented it to the Pope as a great success, while Gerold, the
Patriarch of Jerusalem, reported it to the Pope only to pick
holes in what had been done. 1 Gregory, in a letter to the
Duke of Austria, went so far as to declare that by under-
taking not to take up arms against the Saracens, Frederick
had really abdicated as emperor, inasmuch as he was bound
in virtue of his office to wage war against the enemies of the
faith. 2
The treaty was concluded on the 18th February 1229.
1 See for text of a portion of the
treaty and the letters of the Grand-
master of the Teutonic Order and of
the emperor to the Pope, 1. e. , 120,
February or March 1229 treaty ; 121,
letter of Grandmaster, 7th-17th March
1229 ; 122, encyclical of emperor, 18th
March 1229. For patriarchs' criti-
cisms of treaty, see Epis. Sae. XIII. ,
vol. i. 380, 18th February 1229, and
384, 26th March 1229. For the
l'ope's criticism, see 397 of 18th July
1229.
? L. c. , 397, 18th July 1229. Gregory
to the Duke of Austria. The letter is
a copy of an encyclical to kings' and
other temporal rulers and to prelates
of the Church. Gregory enumerates
the crimes committed by Frederick
in executing the treaty. " Primum
quod arms Christiane militie, gladii
potestatem de altari beati Petri sumpti,
ad vindictam malefactorum laudemque
bonorum sibi a Christo per suum
vicarium assignati, quo pacem Christi,
fidem ecclesie defendoret et muniret,
soldano Babilonie, . . . impudentissime
resignavit, denuntians ei ut de ipso
faceret quicquid vellet, et affirmans
se nolle arms de cetcro aesumere
contra ipsum, quem ut impugnatorom
fidei fideliter impugnaret, acceperat
imperialis culminis dignitatem. Per
quod patenter arguitur, quod dignitati
imperii eiusque spotaneus renuntiavit
honori, cum executionem gladii contra
hostes fidei pacto execrabili et inaudita
presumptione re mittens, potestatis et
dignitatis sue se spoliavit officio, causa
se privatum insinuans, cuius effectu
promisit et iuravit se de cetera eari-
turum ; privilegium enim meruit digni-
tatis ammittere, qui concessa sibi
abusus est potestate. " He goes on to
deal with other defects in the treaty,
which he declares show him to be
guilty " lese maiestatis. "
From a letter to the Patriarch of
Constantinople in 1232, it appears
that Gregory had adopted the theory
that both swords belonged to the
Pope, who delegated the sword of
temporal power to the secular authori-
ties, and the passage above, relating to
the sword of power, should therefore
apparently be interpreted in this sense.
? ? (Raynaldus, ' Annales Ecclesiastici,'
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? 252 TEMPORAL AND SPIRITUAL POWERS. [PART II.
Frederick left Palestine on the 1st May, and landed in Brindisi
on the 10th June. Here active hostilities were in progress
between the Pope and Frederick's representative, Eeynold
of Spoleto. Before leaving for the Holy Land, Frederick had
appointed Eeynold of Urslingen his legate and vicar of the
kingdom of Sicily. He also made over to him two documents,
one appointing him his legate in the March of Ancona, the
lands of the Countess Matilda, the "Vallis," " Lacus," and
the " Maritima," the other withdrawing grants which he had
made voluntarily to the Church (i. e. , at Eger). 1 Frederick
after his arrival in Palestine made a fresh attempt at a re-
conciliation with the Pope, and named Eeynold as his repre-
1 For the appointment of Reynold
as imperial legate in the March of
Ancona and in the lands of the Countess
Mathilda, see M. G. H. , ' Const. ,'
vol. ii. 117, June 1228. For the revo-
cation of grants to the Church, see 1. e. ,
118, 21st June 1228.
In the second letter he writes:
" Novit Altisaimus, de cuius munere
imperials solio presidemus, quod ob
reverentiam Dei . . . Romanam eccle-
siam afiectu filiali semper dileximus
et iuravimus totis viribus honorare,
adeo quod metas imperii, cuius ter-
minos amplificare tenemur, sponte
reliquimus, ut ecclesiam largioribus
beneficiis ditaremus, eidem vos et
plures alios de fidelibus nostri imperii
concedendo, sperantes quod exinde
placeremus Altissimo et ipsius rectores
ecclesie nerent huiusmodi nostri bene-
ficii non ingrati. Sic etiam in utili-
tatem ecclesie ipsius nostrum bene-
ficium concessimus, ut sub nostre pro-
tectionis umbraculo essetis . . . et vos
semper haberemus, cum expediret,
ad nostra et imperii servitia preparatos,
quos ex concessione huiusmodi a
iurisdictione et servitiis imperii nun-
quam fieri volumus alienatos. " The
Church has abused the gift " reveren-
tiam et servitium, quod a vobis cete-
risque fidelibus nostri imperii celai-
tudini nostre debetur, impedire conati
sunt, ut nobis non velut Romanorum
imperatori et vero domino vestro, sed
tanquam extraneo per imperium nos-
trum et per vos maxime, quos repu-
tamus esse imperii fideles precipuos,
transitum simpliciter prebere, licet id
numquam implere vel exequi potuis-
sent, vobis et ceteris fidelibus nostri
imperii oontradioentibus. . . . " For
these and other reasons connected with
the misdeeds of the rulers of the
Church, " concessionem nostram pre-
dictam factum ipsi Romane ecclesie
de vobis merito duximus revocandam,"
and they were always in future to
remain under the empire " quod nun-
quam vos amplius a nostro et imperii
dominio subtrahemus. "
It will be observed that Frederick's
claim never to have abandoned im-
perial rights over the lands coded to
the Church seems inconsistent with
? ? the terms of the cession. All that
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Under the terms of this award, both sides were to with-
draw all hostile orders issued and to restore all prisoners taken
while hostilities were going on. The Lombard members of
the League were required to rescind all laws in contravention
of ecclesiastical liberty, and to observe all ecclesiastical and
imperial laws concerning heresy. They were also to provide
at their own expense 400 " milites " to assist the emperor
in his crusade. 1 A letter from the Pope to the League informed
them that this last provision was not binding should the
emperor fail to start, unless he was specially exempted by the
Pope from doing so. 2 The effect, so far as the empire was
concerned, was merely to restore the status quo ante, while
there were important gains to the Church. The award did
not, however, deal with the questions at issue between the
emperor and the League, so that it was still open to the
emperor to revive his claims at a more convenient time and
without reference to the Pope.
Frederick at once accepted the award, but the Lombards
raised frivolous difficulties, and had not signed the agreement
when the Pope died. 3
During the pontificate of Honorius, Frederick had by very
considerable concessions to the German princes, ecclesiastical
and secular, secured peace in Germany so far as to enable
him to devote his attention to Sicily, where he set about
establishing a centralised and powerful government. By
1226 he apparently considered himself strong enough to
extend his authority over Lombardy. His first attempt was
a complete failure owing to the stubborn opposition of the
League, and he was thus obliged to accept the Pope's restora-
tion of the status quo ante for the time being.
The net result of events during the pontificate of Honorius
was to bring about a critical state of relations between the
Papacy and the empire. Frederick had maintained the per-
sonal union of Sicily and the empire. At Veroli in 1222,
and again in a more serious form in 1226, he had showed his
desire to modify the territorial arrangements agreed to at
1 See note 6, p. 242. 1227. The Lombards finally accepted
* L. c. , 331. the orders of the Pope (M. G. H. ,
* Honorius died on the 17th March 'Const. ,' ii. 114, 26th March 1227).
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? 244 TEMPORAL AND SPIRITUAL POWERS. [PABT II.
Eger, and in the 1226 correspondence he had disclosed his
real feelings towards the Papacy. In 1218, and again in 1226,
the Church had shown that it would do its best to prevent
any serious weakening of the anti-imperial cities in Lombardy.
This was a matter on which neither side could give way, and
it was to play a very large part in the final struggle between
Frederick II. and the successors of Honorius. Finally, by his
constant postponements of the crusade, whether justified
or not, and by his pledge in 1225, Frederick had laid
himself open to attack by the Church, on grounds very
disadvantageous to himself.
Honorius died on the 17th March 1227, and was succeeded
on the 19th by Gregory IX. , who was a relation of Innocent
HI. With Gregory a very different regime begins, for he was
not like his predecessor--willing to shut his eyes temporarily
to matters which might be a cause of offence. Gregory was
the Cardinal Hugo who, as papal legate, had unwillingly
started for Germany to arrange terms of peace with Philip
of Swabia, and who again as papal legate had forced the
people of Cremona to accept him as arbiter. Within a week
of his election he had written Frederick a letter quite friendly
in tone, but ending with a serious warning of the results if
he did not start on his crusade by the time fixed. 1 Gregory
also wrote the rectors of the Lombard League to send the
forms of agreement prepared by the papal office, and to do
it quickly, so that Frederick might not become aware of their
delay nor of the constant reminders sent to them by the
Apostolic See. 2
The time of Frederick's departure for Palestine had been
settled for August 1227, and Brindisi was the port of depar-
ture. Large numbers were attracted by Frederick's offers
* Epis. Sae. XHI. , vol. i. 343 (p. 262,
1. 21 f. ), 23rd March 1227. " Tu ergo, fili
karissime, ad ilium, qui dominatur in
regno hominum . . . debitum habens
cum devotiono respectum, sic precibus et
monitis noetris obtempera, quod nequa-
quam nos et to ipsum in illam neces-
sitatem inducas, de qua forsan to de
facili non poterimus, etiamsi volue-
rimus, expedire. "
* L. c. , 345, 27th March 1227.
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? CHAP. III. ] FREDERICK II. , HONORIUS HI. , GREGORY IX. 245
of free transport to those desirous to take part in the crusades,
and a serious epidemic broke out among the crowds waiting
to embark. The emperor's account of what happened up to
the time of his excommunication is that he fell ill, but not-
withstanding went to Brindisi, and the arrangements for
departure were pressed on. Finally he made a start, accom-
panied by the Landgrave of Thuringia and many other Ger-
man princes, on the 9th September. Two days later he
landed again at Otranto, where he lay ill, while the Land-
grave died shortly after landing. On the advice of his princes
the expedition went on to Palestine, while he postponed his
own departure till the following May. Envoys were sent to
Gregory to explain what had happened, but the Pope would
not even receive them, and on the 29th September he pro-
nounced him to have incurred the penalty of excommunication
under the terms of his oath given at San Germano in 1225. 1
In his encyclical issued a few days later, Gregory sums up
Frederick's shortcomings, which were aggravated by the fact
that he was protected during his minority by the Church, to
which he also owed his promotion first to king (of the Eomans)
and finally to emperor. He gave as the specific grounds of
excommunication not only his failure on frivolous pleas to
start at the time fixed, but also his failure to provide the
stipulated military forces and the money payments required.
He taxed him with not providing enough transports, and with
fixing the rendezvous at the height of summer in an unhealthy
climate, Brindisi having been selected by Frederick, as he
had fallen out with other cities with ports. He made him
responsible in the past for the loss of Damietta, and the
rejection of the Moslem offer to give up the Holy Land in
exchange for that city. Frederick had also offended in many
ways against clerics and laymen, but the Church had ignored
the cries of the sufferers, lest it should give Frederick some
excuse for postponing his departure. 2 This last complaint
evidently refers to the Sicilian kingdom, for in a letter to
1 See Frederick's account in his * Epis. Sae. XITI. , vol. i. 368, 10th
encyclical regarding his excommunica- October 1227. Gregory writes of the
tion (M. G. H. , ' Const. ,' ii. 116). great enemies of the Church, pagans,
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? 246
TEMPORAL AND SPIRITUAL POWERS. [PAKT n.
Frederick in the end of October he called on him to mend his
ways in the kingdom (i. e. , the Sicilian kingdom), both in his
treatment of rebels whose agreements with him had been
guaranteed by the Church, and also in his conduct to eccle-
siastics and laymen, a matter of special concern to the Church,
tyrants whose rage " exterminat iusti-
tiam et conculeat ecclesiasticam liber-
tatem," heretics, " f also rum fratrum
et filiorum dolosa perversitas. " To
deal with them the Church " quendam
nutrivit alumnum, imperatorem vide-
licet Fridericum, quem quasi a matris
utero excepit genibus . . . educare
studuit multis laboribus et expensis,
usque ad virum perfectum doduxit,
ad regie dignitatis decorem et tandem
ad fastigium culminis imporialis pro-
venit, oredens ipsum fore defensionis
virgam et sue baculum senectutis. "
He tells of Frederick's taking the
cross of his own motion, without the
knowledge of the Holy See, of his con-
stant postponements, and of the final
agreement at San Germano, where Fred -
erick (p. 283, 1. 17) " in animam suam
iurari faciens se ista que prediximus
impleturum, et sponte consentiens in
ipsum et regnum suum ferri sententiam,
si hec non fuerint observata. " Ho
contrasts what Frederick actually did,
with these stipulations " cum ad eius
frequentem instantiam multa crucc-
signatorum millia per excommunica-
tionis sententiam coarctata in termino
destinato ad portum Brundusii pro-
perassent, quia gratiam suam imperator
subtraxerat civitatibus fere omnibus
in portubus constitutis, idem a prede-
cessore nostro ac nobis frequentius
monitus, ut diligenter pararet omnia
et fideliter que spoponderat adimpleret,
ipse omnium promissorum, que aposto-
lice sedi et crucesignatis . . . immemor,
tamdiu in estivi fervoris incendio in
regjone mortis et raria corruptela deti-
nuit excercitum Christianum, quod non
solum magna pars plebis, verum etiam
non modica multidudo nobilium et
magnatum pestilentia, sitis ariditate,
ardoris incendio ac multis incommodi-
tatibus expiravit. " Even for those
that were left sufficient ships had not
been provided, and a start was made
too late, the crusaders expecting
Frederick to follow. He, however,
" in suum et totius Christianitatis
opprobrium retrorsum abiit, attractus
et illectus ad consuetas delicias regni
sui, abiectionem cordis sui frivolis
oxcusationibus, ut dicitur gestiens pal-
liare. Attendite et videte, si est dolor
sicut dolor aposioliee sedis, matris
vestre, sic crudeliter et to ties decepte
a filio . . . dissimulans interim, ne occa-
sione inventa se averteret a Torre
Sancte subsidio, exilia presulum, spolia-
tiones, captivitates et iniurias multi-
? ? plices, quas ecclosiis et religiosis et
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? CHAP. III. ] FREDERICK H. , HONORIUB DOC. , GREGORY IX. 247
and he ended with a threat if Frederick did not mend his
ways. In this letter Gregory dwells on the leniency with
which Frederick has been treated, as his excommunication
was merely the putting into effect of Frederick's own agree-
ment two years before. 1 A little later, on the 18th November,
Gregory held a council of Italian bishops in Eome, and
announced for the second time Frederick's excommunication. 2
According to Frederick his envoys were admitted to this
council, but not until the matter had been practically settled. 3
Frederick now at last published his defence; unwillingly,
as he professes, but forced into it by the Pope. In his answer
he dealt with the specific complaints made by the Pope in
his encyclical. Instead of owing gratitude to the Papacy,
it had placed him in great peril in his minority, and his king-
dom had suffered serious injury during the papal guardian-
ship. He, on the other hand, had done great service to the
Church when Otto turned on it, and no one else was forth-
coming to govern the empire to which he himself had been
elected by the princes. * The loss of Damietta was due to the
1 Epis. Sae. XIII. , vol. i. 370 (p. 287,
1. 2 f. ). " Ideoque imperialem mansue-
tudinem rogamus . . . ad solvenda varia
vincula, quibus tonoris astrictus, in-
stanter intendas, et ad gremium matris
ecclesie te desiderabiliter expectantis
cum omni celeritate festines, satis-
faciendo Deo, qui tibi utique satis
fecit, et bomnibus iustitiam exhibendo.
Sicut enim scire te credimus, contra
nos murmuratur imo clamatur, quod
prelatorum exilium, ecolesiarum . . .
spoliationes et alias atroces iniurias
visi sum us hactenus sub dissimulatione
transire. " Gregory montions several
cases, and proceeds, " Preterea cum
regnum Sicilie pleno proprietatis iure
ad Romanam spectaet ecclesiam, non
solum calami tatibus oppressorum com.
passionis affectu confodimur, gemen-
tium quod illos in eis sustinemus impie
servitutis abusus, quos vix debemus
in regnis aliis comportare, set con.
fundimur a vocibus exprobrantium et
obloquentium, quod tales afitictiones
in hiis, qui ad sedem apostolicam te
mediante pertinent, toleramus quales
ipse in hiis qui ad te spoctant aliquo
medio nullatenus tolerares, cum interait
nostra potissimo beneficio consolationis
adesse quibuslibet tribulatis. Quare nec
illorum penas nec tuas culpas possumus
ulterius salva conscientia comportare,
presertim cum super hiis iam monitus
fueris diligenter. " If Frederick does
not put these matters right, " nequa-
quam dissimulare poterimus, quin
secundum Deum et iustitiam proce-
damus. "
The end of October seems the most
probable date for this letter. See
Winkelmann, ' Kaiser Friedrich II. ,'
vol. i. p. 336, note 2.
* ' Rycardus di San Germano,' p. 127.
? M. G. H. , 'Const. ,' ii. 116, pp.
153-4 (15) and (16).
4 Apparently the reference is to his
? ? election in 1196.
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? 248 TEMPORAL AND SPIRITUAL POWERS. [paet n.
papal legate, and he was not responsible for the rejection of
the Moslem offer to exchange it for Palestine. As regards the
crusade, he had supplied the full number of knights and all
the money required, but he had been compelled by illness
to postpone his departure. All this his envoys could have
explained, but they were not listened to. As regards Brindisi,
it was the usual port of embarkation, and he had personally
suffered from the effects of the epidemic. Frederick ended
his encyclical by the announcement that he would start for
the Holy Land in May. 1
1 L. c. , 116, 6th December 1227.
" In admirationem vertitur vehementer,
quod unde pro multis beneficiis pre-
stalabamur gratiam, hide tam often,
sionis quam contumelie diversa genera
reportamus. Inviti loquimur, set
tacere noquimus, quod in eo quod
diu tacuimus apes, que multos decipit,
nos decepit. . . . Audiat igitur et
intelligat orbis terre, quod provocati
trahimur scripturis et nuntiis dudum
nostre matria ecclesie, nunc in filium
novercantis, quos contra nos ubique
terrarum, aicut accepimus, destinavit. "
With regard to hia auccession to the
empire, he writes how Otto " in
ipsum tutorem nostrum, per quem
coronatus fuerat, nequiter conspiravit,"
so that " tunc verius quam nunc ab
existentibus in navicula Petri tantis
tempestatibus agitata clamari poterat:
' Domine aalve nos, perimus. ' Cumque
non inveniretur alius, qui oblatam
imperii dignitatem contra nos et
nostram iusticiam vellet assumere et
periclitanti navicule de portus aolatio
providerc, vocantibus nos principibus,
ex quorum electione nobis corona
imperii debebatur, tunc dormiens in
puppe Dominus discipulorum clamo-
ribus excitatus per nos derelictum,
quem mirabiliter preter humanam
conscientiam conservarat, deiciendo
superbum et humilem exaltando . . .
naviculam non solum liberavit a
nuctibus, set in tutiori et altiori
specula mirabiliter collocavit. . . . "
Frederick deals with the negotiations
regarding postponements of the crusade,
the San Germano agreement, and the
arrangements for the start. As regards
the place (p. 152,1. 20), " ad loca passagii
non a nobis sed ab antiquis temporibus
ordinate. " Notwithstanding illness, he
pushed on the arrangements, and there
were more ships than were wanted
for the pilgrims. As regards the
" corruptela vero seria . . . nulli mag is
quam nobis molestum extitit et damp-
nosum. Nam in propria persona
sensimus" He started, but had to
return because of a severe relapse.
He consulted the princes and other illus-
trious peraons present, and was advised,
after they had considered the state
of his health and other circumstanens,
not to start. The Pope would not even
receive his envoys, and (p. 153, 1. 27)
? ? " denuntiavit in nos pro eisdem tribus
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? CHAP, ni. ] FREDERICK II. , HONORITJS HI. , GREGORY IX. 249
Frederick also showed his determination not to submit
by proceeding with his preparations to start in May, and by
giving orders that any of the clergy refusing to celebrate
" divine office " in his presence were at liberty to do so, but
would forfeit any temporal possessions conferred by his pre-
decessors (per divos augustos progenitores nostros). 1
On Maundy Thursday in 1228 Gregory repeated the pub-
lication of the emperor's excommunication. In his encyclical
announcing it, he added to his previous grounds of excom-
munication others connected with Frederick's conduct in
Sicily. From his letter it appears that Frederick's failure
in connection with the crusade was only one of many other
matters for which Frederick was punished, and that negotia-
tions with Frederick had broken down because he would not
give way regarding matters connected with his administration
of Sicily. Gregory increased the severity of the previous
order by an interdict on any place where Frederick might
happen to be staying. His answer to Frederick's order to
the clergy regarding divine service was a threat to proceed
against him as a heretic. He also threatened to release his
subjects from their oath of fidelity, and to deprive him of
his fief if he did not cease from oppressing the people of his
kingdom. 2
Frederick asks (p. 155, 1. 12 f. ) that
" Presentes vero litteras ob reveren-
tiam nostram publico perlegi facias
et audiri, quod ex carum tenore
cunctis patent nostra innocentie cer-
titudo et iniuria, que nobis et imperio
infertur. "
1 H. -B. , vol. Hi. 61, end of 1227.
Frederick to his justiciars.
? Epis. Sae. XIII. , vol. i. 371, p. 289,
end of March 1228. Gregory to all the
prelates of Apulia. Gregory had sent
envoys to Frederiok, but they had
been unable to bring him to repent-
ance. Accordingly " in proximo pre-
terito festo cene Dominice" he ex-
communicated him " tum pro eo quod,
ut premissum est, non transfretavit
in subsidium Terra Sancte, nee pro-
missum numerum militum in expensis
suis tenuit vel transmisit, nec pecuniam
quam promiserat destinavit, tum quia
venerabilem fratrom nostrum Taren-
tinum archiepiscopum ad sedem pro-
priam accedere non permittens, eum
populum suum non patitur visitare,
tum etiam quia Templarios, Hospita-
larios bonis mobilibus et immobilibus,
que habebant in regno temere spoliavit,
et quia (he broke) compositionem fac-
tam inter ipsum et comitom Celanensem
. . . " guaranteed by the Church of
Rome at his request, " et quia comitem
Rogerium crucesignatum sub apostolice
nedis protectione receptum, comitatu
et aliis terris indebite spoliavit. . . . "
He threatens, " si non cessaverit ab
opprassione pupillorum, orphanorum
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? 250 TEMPORAL AND SPIRITUAL POWERS. [PAST II.
Before starting for Palestine, Frederick issued an encyclical
in which he informed the world that, notwithstanding his
innocence, he had sent the Pope a statement of the satisfac-
tion he was prepared to give for not starting at the time
fixed, but the Pope would neither accept what he offered nor
state what he would accept. He also complained that the
Pope had enrolled soldiers to attack him. 1
It appears to have been Gregory's determination to get a
settlement of the Sicilian questions that made the breach
inevitable. The whole basis of Frederick's policy was a strong
centralised government in Sicily, and we shall find hereafter
that, however willing he might be to make concessions, whether
honestly intended or not, in other matters, he would not
allow his authority in his kingdom to be seriously weakened.
Frederick started for Palestine seriously hampered by the
papal excommunication and interdict, not only in his rela-
tions to the Church and to the great military orders in Pales-
tine, but also in his negotiations with El Kamel, the Sultan
of Babylonia (i. e. , of Egypt), who was well aware of the quarrel
between the Pope and the emperor.
Frederick had not a military force sufficient to conquer
the Saracens, but notwithstanding he succeeded in nego-
tiating a treaty by which the Sultan surrendered to him
Jerusalem and some of the other holy places, such as Beth-
lehem and Nazareth. The treaty contained several provisions
very distasteful to the Christians. Among others the Saracens
were allowed to retain the Mosque of Omar, and for the ten
years to which the truce extended Frederick was not to
attack the Saracens, and was to oppose, if necessary by force,
any attack on them. The territories of Tripoli and Antioch
were not included in the truce, and while it lasted the emperor
was not to assist the rulers of these lands against the Saracens,
et viduarum eeu nobilium et aliorum poterit formidare se iure feudi privan-
hominum regni vel eius destructione, dum. "
quod ad Romanam ecclesiam specia- 1 M. G. H. , ' Const. II. ,' vol. ii. 119,
liter noscitur pertinere . . . merito end of June.
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? CHAP, m. ] FREDERICK n. , HONORIUS iH. , GREGORY IX. 251
nor permit others to do so. Taken as a whole, however, the
Christians gained more than in any, save the first, crusade.
Frederick and the Grandmaster of the Teutonic Order repre-
sented it to the Pope as a great success, while Gerold, the
Patriarch of Jerusalem, reported it to the Pope only to pick
holes in what had been done. 1 Gregory, in a letter to the
Duke of Austria, went so far as to declare that by under-
taking not to take up arms against the Saracens, Frederick
had really abdicated as emperor, inasmuch as he was bound
in virtue of his office to wage war against the enemies of the
faith. 2
The treaty was concluded on the 18th February 1229.
1 See for text of a portion of the
treaty and the letters of the Grand-
master of the Teutonic Order and of
the emperor to the Pope, 1. e. , 120,
February or March 1229 treaty ; 121,
letter of Grandmaster, 7th-17th March
1229 ; 122, encyclical of emperor, 18th
March 1229. For patriarchs' criti-
cisms of treaty, see Epis. Sae. XIII. ,
vol. i. 380, 18th February 1229, and
384, 26th March 1229. For the
l'ope's criticism, see 397 of 18th July
1229.
? L. c. , 397, 18th July 1229. Gregory
to the Duke of Austria. The letter is
a copy of an encyclical to kings' and
other temporal rulers and to prelates
of the Church. Gregory enumerates
the crimes committed by Frederick
in executing the treaty. " Primum
quod arms Christiane militie, gladii
potestatem de altari beati Petri sumpti,
ad vindictam malefactorum laudemque
bonorum sibi a Christo per suum
vicarium assignati, quo pacem Christi,
fidem ecclesie defendoret et muniret,
soldano Babilonie, . . . impudentissime
resignavit, denuntians ei ut de ipso
faceret quicquid vellet, et affirmans
se nolle arms de cetcro aesumere
contra ipsum, quem ut impugnatorom
fidei fideliter impugnaret, acceperat
imperialis culminis dignitatem. Per
quod patenter arguitur, quod dignitati
imperii eiusque spotaneus renuntiavit
honori, cum executionem gladii contra
hostes fidei pacto execrabili et inaudita
presumptione re mittens, potestatis et
dignitatis sue se spoliavit officio, causa
se privatum insinuans, cuius effectu
promisit et iuravit se de cetera eari-
turum ; privilegium enim meruit digni-
tatis ammittere, qui concessa sibi
abusus est potestate. " He goes on to
deal with other defects in the treaty,
which he declares show him to be
guilty " lese maiestatis. "
From a letter to the Patriarch of
Constantinople in 1232, it appears
that Gregory had adopted the theory
that both swords belonged to the
Pope, who delegated the sword of
temporal power to the secular authori-
ties, and the passage above, relating to
the sword of power, should therefore
apparently be interpreted in this sense.
? ? (Raynaldus, ' Annales Ecclesiastici,'
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? 252 TEMPORAL AND SPIRITUAL POWERS. [PART II.
Frederick left Palestine on the 1st May, and landed in Brindisi
on the 10th June. Here active hostilities were in progress
between the Pope and Frederick's representative, Eeynold
of Spoleto. Before leaving for the Holy Land, Frederick had
appointed Eeynold of Urslingen his legate and vicar of the
kingdom of Sicily. He also made over to him two documents,
one appointing him his legate in the March of Ancona, the
lands of the Countess Matilda, the "Vallis," " Lacus," and
the " Maritima," the other withdrawing grants which he had
made voluntarily to the Church (i. e. , at Eger). 1 Frederick
after his arrival in Palestine made a fresh attempt at a re-
conciliation with the Pope, and named Eeynold as his repre-
1 For the appointment of Reynold
as imperial legate in the March of
Ancona and in the lands of the Countess
Mathilda, see M. G. H. , ' Const. ,'
vol. ii. 117, June 1228. For the revo-
cation of grants to the Church, see 1. e. ,
118, 21st June 1228.
In the second letter he writes:
" Novit Altisaimus, de cuius munere
imperials solio presidemus, quod ob
reverentiam Dei . . . Romanam eccle-
siam afiectu filiali semper dileximus
et iuravimus totis viribus honorare,
adeo quod metas imperii, cuius ter-
minos amplificare tenemur, sponte
reliquimus, ut ecclesiam largioribus
beneficiis ditaremus, eidem vos et
plures alios de fidelibus nostri imperii
concedendo, sperantes quod exinde
placeremus Altissimo et ipsius rectores
ecclesie nerent huiusmodi nostri bene-
ficii non ingrati. Sic etiam in utili-
tatem ecclesie ipsius nostrum bene-
ficium concessimus, ut sub nostre pro-
tectionis umbraculo essetis . . . et vos
semper haberemus, cum expediret,
ad nostra et imperii servitia preparatos,
quos ex concessione huiusmodi a
iurisdictione et servitiis imperii nun-
quam fieri volumus alienatos. " The
Church has abused the gift " reveren-
tiam et servitium, quod a vobis cete-
risque fidelibus nostri imperii celai-
tudini nostre debetur, impedire conati
sunt, ut nobis non velut Romanorum
imperatori et vero domino vestro, sed
tanquam extraneo per imperium nos-
trum et per vos maxime, quos repu-
tamus esse imperii fideles precipuos,
transitum simpliciter prebere, licet id
numquam implere vel exequi potuis-
sent, vobis et ceteris fidelibus nostri
imperii oontradioentibus. . . . " For
these and other reasons connected with
the misdeeds of the rulers of the
Church, " concessionem nostram pre-
dictam factum ipsi Romane ecclesie
de vobis merito duximus revocandam,"
and they were always in future to
remain under the empire " quod nun-
quam vos amplius a nostro et imperii
dominio subtrahemus. "
It will be observed that Frederick's
claim never to have abandoned im-
perial rights over the lands coded to
the Church seems inconsistent with
? ? the terms of the cession. All that
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