1
Frequently in confirming agreements the Pope laid down
that any one infringing them should be dealt with by
ecclesiastical censure (this would ordinarily be excom-
munication).
Frequently in confirming agreements the Pope laid down
that any one infringing them should be dealt with by
ecclesiastical censure (this would ordinarily be excom-
munication).
Thomas Carlyle
Innocent wrote that " inas-
much as according to the apostle love is the fulness of law,
dissension makes men transgressors of the divine law," and
he directed his representative to require Piacenza and Parma
to come to terms, and if they failed to do so of their own
accord, to compel them, if necessary by excommunication,
to submit to the Pope's judgments. 1 Here it will be observed
that the mere fact of dissension is treated as a sin, and as
giving the Pope ground for compelling submission to his
judgment. In 1207 Innocent wrote the Florentines requiring
them to make peace on reasonable terms with the Siennese,
as the quarrel was the cause of " grave rerum dispendium,"
grave injury to men's bodies, and "immane " danger to their
souls, while it belonged specially to the Pope, as vicar of
Christ, to restore peace. He had accordingly instructed one
of his cardinals to take the necessary action, and should
1 Reg. H. 39, 27th April 1195. To
the Abbot of Lodi. " Cum plenitudo
legis, secundum Apostolum, sit dilectio,
profecto disscnsio divinse legis hominem
constituit transgressorem. " Innocent
goes on to deal with the dispute be-
tween Picenza and Parma regarding
Borgo San Donino and directs the
abbot (col. 681 C and D) "per te
et alios quos ad hunc necessarios
cognoveria esse tractatum, ad eorum
concordiam et pacem intendas, . . .
Si vero desuper datum non fuerit ut,
per admonitionem et exhortationem
ipsorum et tuam, impleri valeat quod
mandamus, tu per excom. po tes-
tatum, consiiium et conciliariorum et
principalium fautorum tam Placent
quam Parmeno, ipsos Placen. et Parm.
ad subeundum judicium nostrum suffi-
cientissima in mam bus tuis hino inde
prastita cautione . . . (col. 682 A)
et eis insuper commineris quod, nisi
mandatis paruerint apostolicse sedis,
manna nostras super eis curabimus
aggravare. "
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? 170
[PART II.
TEMPORAL AND SPIRITUAL POWERS.
either party prove contumacious, he was to deal with it by
ecclesiastical censure. 1
In 1209, in a letter to the consuls and citizens of Genoa,
Innocent dwells on the danger to souls, the injury to pro-
perty, and the " personarum dispendium " caused by the
quarrel between Genoa and Pisa, and on his duty to deal with
those disregarding his orders. He refers also in his letter
to the way in which the quarrel hindered relief being given
to the Holy Land. 2
The last letter we shall refer to, in this connection, is one
addressed by Innocent to John in April 1214, a few months
before the battle of Bouvines. In it Innocent directed John, on
pain of ecclesiastical censure, to make a truce with Philip to
last at least till after the General Council, summoned for 1215,
was over, and it appears from the letter that he also wrote
to Philip in similar terms. He gave these orders as the war
between John and Philip prevented help being sent to the
Holy Land and was causing other dangers, and he was there-
fore bound in virtue of his office to intervene. Besides ordering
an immediate truce, Innocent directed that two arbitrators
(mediatores pacis) be appointed to treat for a permanent
peace. Should they fail, the two kings were to submit to
Innocent's decision, and give guarantees that they would
obey. 3 There is no reference to any complaint by either
1 Reg. X. 86. 11th July 1208. " Cum
ergo discord-ise tanteo causa in grando
rerum dispendium, grave damnum
corporum, et immane periculum anima-
rum redundare noscatur, et ad nos
tan to pertineat specialius revocare
discordantes ad pacem quanto diffe-
rentius prse crcteris hnrcditnmus eam-
dem, qui bus eam mediator Dei et
hominum Jesus Christus, cujus nos,
licet indigni, vicem exercemus in terris,
non solum nascendo per angelum nun-
tiavit, "Gloria in excelcis Deo et in
terra pax hominihus bonce voluntatis
? . . " dioentem, verum etiam moriendo
quasi testamento legavit, cum dixit;
" Pacem meam do vobis, pacem re-
linquo vobis . . . " . . . ad ipsam, si
desuper datum fuerit, paterna sollici-
tudine vos duximus reducendoe . , .
prafato cardinali dedimus in mandatis
ut ad ea quse prsemisimus . . . insistat
. . . in partem, si quam repererit con-
tumace m, sublata appellatione, dis-
trictionis ecclesiasticse promulgando
censuram. "
? Reg. XII. 55, 20th June 1209.
? S. 186, 22nd April 1214. "Cum
ex guerra qua* vertitur inter te et . . .
Philippum . . . impediatur Terra
Sanetse sucoursus, . . . aliaque in-
numera timeantur ex ea pericula pro-
ventnra, nos apostolicse sedis servitii
debito provocati, ad reformationem pa-
cis intendimus interponere, . . . tibi
ac prsefato Francorum regi firmiter
injungamus per censuram ecclesias-
ticam, vos, si necesse fuerit, compel-
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? CHAP. I. ]
171
INNOCENT iH.
party, and it is singular Innocent should have ventured to
give peremptory orders after his previous rebuff by Philip.
Possibly he counted on the political situation to compel the
parties to yield.
The cases we have cited appear to show that Innocent
held that as vicar of Christ he could require the rulers of
States or cities at war with one another to cease hostilities
and to submit to his judgment, even though neither party
had appealed to him.
There was another class of cases in which Innocent fre-
quently intervened--namely, where the interests of widows
and minors were concerned. He describes himself as " debtor
to widows and orphans " ; and one of those whose wrongs
he endeavoured to right was Berengaria, the widow of Eichard
I. In this capacity in 1204 he wrote John that he had given
orders that unless he voluntarily did justice to Berengaria,
he would be compelled to do so by ecclesiastical pressure. 1
Next year he wrote again on the same subject, as the rep-
resentative of Christ, who is no acceptor of persons and who
does justice to all, and accordingly directed John to carry
out his agreement regarding Berengaria's dowry. Should
John fail to do so, an inquiry was to be made and the pro-
ceedings referred to the Pope for orders. 2 In 1208 the dowry
lendo ut pro tot et tantis periculis
evitandis, treugss ineatis et obeervetis
ad invicem saltem usque post generale
concilium celebrandum; rebus in eo
statu manentibus in quo erunt cum
ipsse treugss a parti bus flrmabuntur.
Et duo mediatores pacis absque
malitia eligantur, qui fideliter interim
tractent de concordia reformanda,
quse, si forte pro venire non possunt,
nostro vos arbitrio committatis, prav
stitis super his cautionibus. "
1 Reg. VI. 194, 4th January 1204.
" serenitatem tuam rogamus attente
et monemus, . . . quatenus, divinse
pietatis intuitu, et nostrarum precum
obtentu, saipedictro roginso (i. e. , Beren-
garia) oblata restituas universa, eidem
super his taliter satisfaciens, quod
majestatem divinam, quam per hseo
graviter offendisti, valeas complacare,
ac laudem et gloriam in conspectu
hominum promereri. Alioquin, quia
viduis et orphanis specialiter sumus
in sua justitia debitores, tuse saluti
potius oonsuientes, . . . abbatibus,
dedimus in mandatis, ut ipsi te ad
restitutionem . . . et ad justitiam . . .
coram eis plenariam exhibendam, moni-
tione prsemissa, per distrietionem eccle-
siasticam, appellatione remota, com-
pellant. "
* Reg. VII. 168, 16th December
1204. " Si judex, qui nec Deum
timebat, nec hominem, verebatur,
commotus ad instantiam viduse con-
querentis, de adversario suo vindictam
fecit eidem, quanto magis nos a clamo-
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? 172 TEMPORAL AND SPIRITUAL POWERS. [PAST II.
had still not been paid, and Innocent wrote to John that if
he did not admit any obligation to her, he should refer to the
Pope, who as the vicar of Christ was inspired by God in his
judgments. John had failed to appear before the Pope,
though Berengaria had been represented, and Innocent could
no longer postpone action. Should he not appear within a
month all lands included in Berengaria's dowry would be placed
under interdict. 1
Shortly after his accession there was a remarkable case of
papal intervention. Innocent gave as the ground of his
action that by virtue of his office he was bound to give com-
fort to the afflicted, and he therefore ordered the release of
Sibilla, widow of Tancred, and of others all imprisoned by
the orders of Henry VI. in Germany. 2 It seems very unlikely
that Innocent would have ventured to issue such orders
except in the state of confusion in Germany due to the death
of Henry VI. and the dispute as to the succession. Innocent
not only ordered the release of Sibilla and other prisoners,
but directed the recipients of his letter to excommunicate
those holding the prisoners in custody, and to place the whole
diocese in which they were imprisoned under interdict. There
is no suggestion in the letter that the Pope had acted as
ribus viduarum non debemus avertere
aures nostras, qui, licet immeriti, ejus
locum tenemus in terris, qui omnibus
injuriam patientibus, sine personarum
acceptione, facit judicium, et voce
prophetica aubveniri jubet oppresso,
et viduam defensari ? "
1 Reg. XI. 223, 21st January 1209.
Innocent wrote John regarding Beren-
garia's dowry (col. 1538 B). " Verum-
tamen si te forsan existimes eidem in
aliquo non teneri, coram nobis, qui
personam hominis in judicio non
accipimus, sed jus tum judicium, prout
ille nobis inspirare dignatur qui omne
judicium dedit Klio, judicamus, saltem
ipsi debueras justitiam exhibere, ac
non uti potentii o magnitudine contra
illam. " This did not end the affair,
but we have quoted enough to show
how Innocent proceeded in such
matters.
? Reg. I. 26. To the bishop of Sutri,
Sc. Undated, probably February 1198.
" Verum ne compassionis nostrss sola-
tium, qui patientibus ex susceptse
administrationis debito compati volu-
mus et tenemur, penitus subtrahatur,
quibus ipse Dominus jam videtur ex
parte placatus. " Innocent has ordered
the archbishop and others to release
Sibilla and other prisoners. " si man-
datum nostrum forte non fuerit adim-
pletum, vos in detentores eorum ex-
communicationis sententiam proferatis
et terras eorum, imo to tam dioecesim,
in qua nobiles ipsi tenentur vel ad
quam fuerint forte translati, interdicto
subatis. "
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? CHAP. I. ]
173
INNOCENT HI.
feudal overlord of Sicily. He based his action entirely on
his duty as Pope to comfort those in trouble.
Crusaders were under the special protection of the Church.
We need only refer to a few letters issued in the first year of
Innocent's reign as Pope. In one letter to the Archbishop
of Magdeburg and his suffragans he directs that the property
of all crusaders, from the time they take the cross, be taken
under the protection of St Peter and of himself, as well as of
all archbishops and bishops. He also gave instructions
regarding the action to be taken in the case of wrongs
done to crusaders placed under the protection of the
Church during their " peregrinatio. " 1 In the same year
he gave orders to Philip of Swabia and to the Duke
of Austria to return the ransom paid by Eichard for his
release while he was on his way back to England from
Palestine. 2
An important function of the Pope at this time was to
confirm agreements between secular rulers. For obvious
reasons it was often of great advantage to both parties to
have an agreement solemnly confirmed by the head of the
Church and recorded in his registers. A case in point is his
confirmation at the request of the King of Prance of an agree-
ment between him and Count Baldwin of Flanders. It was,
Innocent wrote, his duty in virtue of his apostolic office to
provide for the peace and quiet of all, but it was specially
incumbent on him in this case owing to his affection for
the king and owing to the advantage (commodum) to the
Church when Philip and his kingdom were at peace. He
confirmed the agreement as reasonable, drawn up by religi-
1 Reg. I. 300, 27th June 1198. The
letter commences, " Quanto gravioribus
rerum et personarum periculis se
opponunt qui relicta domo propria pro
liberatione salutifera cruris et terra
sanctse, . . . tanto circa tuitionem
ipso rum et rerum suarum vigilantior
cura nobis incumbit; cum tam ipsi
quam res eorum sint, donee in sancta
peregrinatione permanserint, specia-
liter sub protectione sedis apostolicse
constitute"
2 Reg. I. 236, 31st May 1198, and
242, 30th May 1198 respectively, direct
the return by the Duke of Swabia
and by the Duke of Austria of money
taken from Richard I.
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? 174
[PABT n.
TEMPORAL AND SPIRITUAL POWERS.
ous and prudent persons, properly authenticated and sworn
to, and accepted by both parties (ab utraque parte recepta).
1
Frequently in confirming agreements the Pope laid down
that any one infringing them should be dealt with by
ecclesiastical censure (this would ordinarily be excom-
munication). 2
Besides confirming agreements, we find other cases in which
Innocent directed the clergy to enforce orders given by a
prince--e. g. , he wrote the Archbishop of Guesen and his
suffragans directing them to enforce the decision of the Duke
of Silesia that Cracow should always be held by the eldest
son of the reigning duke. 3
We have already referred to the Vercelli case, in which
Innocent laid down that injured persons were entitled to
appeal to the Pope for redress where there was no other
competent court or temporal superior to do them justice. 4
He quotes Alexius as urging this principle in an appeal to
the Pope against his uncle, another Alexius, who had usurped
1 Reg. I. 130, early in May 1198.
" Licet ex injuncto nobis apostolatus
officio cunctorum teneamur providere
quieti et pacem inter singulos exoptare,
quietem tuam et regni tui tan to spe-
cialius conservare volumus et debemus
et inter magnificentiam regiam et
homines suos firms e pacis existere
fcedera studiosius affectamus, quanto
personam tuam specialiori diligimus
in Domino charitate, et pacem tuam
et regni tui ad Ecclesiai commodum
cognoscimus efficacius redundare. Ea
propter chariss. in Chrieto fili, tuis
justis precibus inclinati et petitionibus
tuis, quantum cum Deo possumus,
gratum impertientes assensum, felicis
mem. Celestini papse predeeesaoris
nostri vestigiis inhserentes, composi-
tionem iactam inter serenitatem tuam
et dilectum fUium nostrum Balduinum
co mi tem Flandrirc pro pace perpetuo
servanda, sicut rationabiliter facta est
coram viris religiosis et prudentibus
et scripto authentico roborata et
firmata pluribus juramentis et ab
utraque parte recepta auctoritate apost.
confirmamus et prsesentis scripti patro-
cinio communimus. "
? E. g. , Reg. III. 40, 19th December
1200, between the Count of Flanders
and the widow of the former count.
" si quis, contra conventiones pre-
missas quas volumus et mandamus
inviolabiliter observari, venire prse-
sumpserit, vos, auctoritate nostra suf-
fulti, temeritatem hujusmodi, per oen-
suram, appellatione remota, curetis
taliter castigare, quod, iniquitate re-
pressa, pacis fcedera permaneant in-
concussa, quse non possent sine mul-
torum dispendio violari. "
> Reg. XIII. 82, 8th June 1210.
fraternitati vestrse per apostolica
scripta mandamus quatenus institu-
tionem de majoritatis prrceminenun,
sicut ad utilitatem et pacem totius
provincise dignoscitur esse facta, faciatis
? ? per censuram ecclesiastioam sublato
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? CHAP. I. ]
175
INNOCENT III.
the empire of the East. 1 In this case political considerations,
and possibly also the difficulty of enforcing an award, may
have prevented his taking action. A remarkable instance
of intervention, going apparently far beyond the Vercelli
case, occurred in 1205, when he directed the Archbishop of
Armagh to deal with a complaint brought by one Norman
noble in Ireland against another. The complainant alleged
that he had been compelled by force to give up his property
in Ireland and leave the country and abandon all his claims
there. Innocent's orders to the archbishop were to inquire,
and should he find that war had been levied unjustly on the
complainant, the aggressor must restore the property taken
and release him from his oath. Should he disobey the arch-
bishop's orders, he was to be excommunicated, his lands
placed under interdict, and the complainant released from
his oath. 2
Among the most noteworthy incidents of the pontificate
of Innocent III. is the Albigensian Crusade. The two great
headquarters of Manichean forms of heresy, at the end of the
twelfth centaury, were Southern Prance and Northern Italy,
1 Reg. V. 122, 16th November 1202
(col. 1127 A). "Nos autem imperiali
prudentise taliter duximus responden-
dum, quod prsedictua Alexius olim ad
presentiam nostram accedens, gravem in
nostra et fratrum nostrorum prsesentia,
multisnobiliumRomanorum astantibus,
proposuit qusestionem, asserens quod
patrem ejus injuste ceperis, et feceris
etiam nequiter excsecari, eos diu deti-
nens carcerali custodise mancipatos, et
quia ad superiorem nobia non poterat
habere recursum, et nos, juxta Aposto-
lum, eramus tam sapientibus quam insi-
pientibus debitores, ei justitiam faoere
tenebamur. . . . " See also the Mont-
pellier ease referred to in a previous
volume, where he justifies his legitima-
tion of Philip's children by the fact
that Philip had no superior in temporal
things to whom he could apply (vol. ii.
p. 213 f. ).
a Reg. VIII. 114, 1st July 1205.
Innocent directs the Archbishop of
Armagh and other clerics to deal with
the complaint of John de Courcy
against H. de Lacey. Should it prove
to be true that the former was wronged
by the latter, " Cum igitur simus in
eo loco, disponente Domino, constituti,
ut, secumdum verbum propheticum,
debeamus dissolvere colligationes im-
pietatis, et fasciculos deprimentes ac
dimittere eos qui confracti sunt,
liberos et disrumpere omne onus," then
the wrongdoer must restore what he
had taken by violence, and must re-
lease his victim from the oaths extorted
from him. Disobedience to be punished
by excommunication and interdict.
Orpen,' Ireland under the Normans,'
vol. ii. chap, xvii. , p. 141, gives an
account of this quarrel, between John
? ? de Courcy and Hugh de Lacey.
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? 176
TEMPORAL AND SPIRITUAL POWERS. [PABT n.
and specially the former. These forms of heresy had long
engaged the attention of the ecclesiastical and of the secular
authorities. As far back as 1022 a number of heretics had
been condemned at a synod held at Orleans,1 and the matter
had repeatedly come before other provincial synods, some
of them presided over by popes. 2 In 1179 the Lateran Council
referred in one of its decrees to the open profession of heretical
doctrines in Gascony and in parts of the county of Toulouse.
The faithful were bidden protect the Christian population
against the heretics. The property of heretics was to be
confiscated, and it was declared that their rulers might law-
fully enslave them. Those who took up arms against them
were to receive some remission of the penalties of their sins,
and they were to have from the Church the same protection
as was given to crusaders. 3 Two years later Lucius III. at
Verona, supported by Frederick I. , anathematised the Cathari
and other heretics, and on the advice of his bishops at the
suggestion of the emperor, he directed that inquiries should
be made by the clergy in every parish where heresy was
suspected. Counts, barons, " rectors," &c. , were to swear,
if required by the archbishop or bishop, to help the Church
1 Hefele. Con. Ges. , vol. iv. p. 674 f.
Second edition.
>> L. c. , p. 680, 687, 731, also vol. v.
345-6, 568, 698, 642-4. Leo IX. and
Calixtus II. respectively presided over
the synod of Rheims (TV. 731) and
the Council of Toulouse (V. 345-6).
See also Mansi, vol. xxi. col. 718,
the decree of the synod at Rheims
over which Eugenius III. presided in
1148.
See also 1. e. , col. 632 canon 23 of
second Lateran Council.
* Mansi Con. , vol. xxii. , col. 231 f.
The 27th decree " Do hereticis" de-
clares " Eapropter quia in Gasconia,
Albegesio, et partibus Tolosanis, et
aliis loois, ita hsereticorum, quos alii
Catharos, alii Patrinos, alii Publicanos,
alii aliis nominibus vocant, invaluit
damnata perversitas, ut jam non in oc-
culto, sicut aliqui, nequitiam suam exer-
ceant, sed suum errorem publico mani-
festent. . . anathemati decernimus sub-
jacere ; et sub anathemate prohibemus
ne quis eos in domibus, vel in terra sua
tenere, vel fovere, vel negotiationem
cum eis exercoro prsesumat. " Similar
penalties are prescribed for all who
support them and " Relaxatos autem
se noverint a debito fidelitatis et
hominii ac totius obsequii ; . . . Confi-
ciscenturque eorum bona, et liberum
sit principibus, hujusmodi homines
subjicere servituti. "
The decree proceeds to declare the
privileges to be obtained by those who
take up arms '* biennium de poeni-
tentia injuncta relaxamus " and " sicut
eos, qui sepulchrum Dominicum visi-
tant, sub ecclesise dofensione recipi-
mus. "
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? CHAP. I. ]
177
INNOCENT HI.
against heretics and their supporters. Those disregarding
the order were to be punished by excommunication, and
their lands to be placed under interdict. Cities resisting
the order were to be cut off from intercourse with other cities,
and to be deprived of their bishoprics. 1
Innocent held it to be one of his most important duties
to deal with heretics,2 as his office required of him to main-
tain the kingdom of God free from scandals. 3 In April 1198
he despatched a monk named Eainer to visit the South of
France, and he ordered the ecclesiastical and secular authorities
to help him. He ordered them in the case of obstinate heretics,
excommunicated by Eainer, to confiscate their property and
to banish them. Should the heretics stay on after Eainer
had issued an interdict, the nobles were, as became Christians,
to deal still more severely with them. Eainer had received
from the Pope full powers of excommunication and interdict,
and the princes must not be displeased at such severity, as
Innocent was determined to do all in his power to extirpate
1 Mansi Con. , vol. xxii. , col. 478.
Decree at synod of Verona 1181 against
heretics. '* Ad hsec, de episcopali con-
silio, et suggestione culminis imperialiy,
et principum ejus, adjecimus, ut quili-
bet archiepiscopus vel episcopus, per
se, vel arcbdiaconum suum, aut per
alios . . . " make inquiry regarding
heretics and any found be dealt with
by the bishop. Refusal to take an
oath " superstitione damnabili" to
suffice for condemnation as an
heretic. " Statuimus insuper, ut
comites, barones, rectores, consules,
civitatum et aliorum locorum, juxta
commonitionem archiepiscoporum et
episcoporum, prsestito corporaliter jura-
mento promittant, quod in omnibus
prsedictis fortiter et efficaciter, cum
ab eis fuerint exinde requiaiti, eccle-
siam contra hrcreticos, et eorum com-
plices adjuvabunt, et studebunt bona
fide, juxta officium et posse suum,
ecclesiastica similiter et imperialia
statuta, circa ea qua durimus, execu-
VOL. V.
tioni mandare. Si vero id observare
noluerunt, honore, quem obtinent,
spolientur; et ad alios nullatenus assu-
mantur ; eis nihilo minus excommuni-
oatione ligandis, et terris ipsorum
interdicto ecclesise supponendis. Civi-
tas autem qus? his decretalibus insti-
tutis duxerit resistendum, vel contra
oommunitionem episcopi punire neg-
lexerit resistentes; aliarum careat
commercio civitatum, et episcopali se
noverit dignitate privendam. "
a Reg. II. 63, 7<h May 1199. " Inter
sollicitudinee nostras ilia debet esse
prsecipua, ut capiamus vulpeculas
quse moliuntur vineam Domini demo-
liri, species quidem habentes diversas,
sed caudas ad invicem colligatas, quia
de vanitate conveniunt in idipsum. "
8 Reg. IX. 208, 20th December
1206 (ool. 1050 C). " Cum igitur, ex
injure to nobis officio, de regno Dei
? ? collegere scandala tcneamur, et quan-
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? 178 TEMPORAL AND SPIRITUAL POWERS. [PAST II.
heresy. Any one who favoured or shielded such heretics
was also to be excommunicated and was to receive the same
punishment as those whom they favoured. 1
In the same year he confirmed orders issued by his legate
in Lombardy forbidding the admission of heretics to any
dignities ; nor were they to be allowed to take part in elections.
All podestas, consuls, and members of official bodies were to
swear to maintain these orders. In the same letter he con-
firmed the authority given by the legato to the Archbishop
of Milan to enforce these provisions by excommunicating any
who might prove contumacious, and by placing their lands
under an interdict. 2 In a letter to the King of Hungary the
Pope stated the penalties he enforced against heretics (in
his own territories), and asked him to banish them and to
confiscate their property. 3
1 Reg. I. 94, 21st April 1198. "Ad
hrce, nobilibus viris principibus, comi-
tibus et universis baronibus et magna -
tibus in vestra provincia constitutis
prsecipiendo mandamus et in remis-
sionem injungimus peccatorum, ut
ipeoe benigne recipientes pariter et
devote, eis contra hsereticos tam viri-
liter et potenter assistant, ut ad vin-
dictam malefactorum, laudem vero
bonorum, potestatem sibi traditam
probentur laudabiliter exercere, et si
qui hsereticorum ab errore suo com-
/noniti noluerint resipiscere, postquam
per prsedictum fratrem Rainerium
fuerint excommunicationis sententia
innodati, eorum bona confiscont et
de terra sua proscribant, et si post
interdictum ejus in terra ipsorum prse-
sumpserint commorari, gravius anim-
advertant in eos, sicut decet prin-
cipes christiannos, . . . Dedimus autem
dicto fratri R. liberam facultatem ut
eos ad id per excommunicationis sen-
tentiam et interdictum terrse appella-
tione remote compellat, nec volumus
ipsos acgre ferre aliquatenus vel moleste
si eos ad id exsequendum tam districte
compelli prsecipimus, cum ad nil
amplius intendamus uti severitatis
judicio, quam ad oxtirpandos hsere-
ticos . . Receivers and favourers
of heretics are to be dealt with as
severely as heretics by the Pope's
legate.
>> Reg. I.
much as according to the apostle love is the fulness of law,
dissension makes men transgressors of the divine law," and
he directed his representative to require Piacenza and Parma
to come to terms, and if they failed to do so of their own
accord, to compel them, if necessary by excommunication,
to submit to the Pope's judgments. 1 Here it will be observed
that the mere fact of dissension is treated as a sin, and as
giving the Pope ground for compelling submission to his
judgment. In 1207 Innocent wrote the Florentines requiring
them to make peace on reasonable terms with the Siennese,
as the quarrel was the cause of " grave rerum dispendium,"
grave injury to men's bodies, and "immane " danger to their
souls, while it belonged specially to the Pope, as vicar of
Christ, to restore peace. He had accordingly instructed one
of his cardinals to take the necessary action, and should
1 Reg. H. 39, 27th April 1195. To
the Abbot of Lodi. " Cum plenitudo
legis, secundum Apostolum, sit dilectio,
profecto disscnsio divinse legis hominem
constituit transgressorem. " Innocent
goes on to deal with the dispute be-
tween Picenza and Parma regarding
Borgo San Donino and directs the
abbot (col. 681 C and D) "per te
et alios quos ad hunc necessarios
cognoveria esse tractatum, ad eorum
concordiam et pacem intendas, . . .
Si vero desuper datum non fuerit ut,
per admonitionem et exhortationem
ipsorum et tuam, impleri valeat quod
mandamus, tu per excom. po tes-
tatum, consiiium et conciliariorum et
principalium fautorum tam Placent
quam Parmeno, ipsos Placen. et Parm.
ad subeundum judicium nostrum suffi-
cientissima in mam bus tuis hino inde
prastita cautione . . . (col. 682 A)
et eis insuper commineris quod, nisi
mandatis paruerint apostolicse sedis,
manna nostras super eis curabimus
aggravare. "
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? 170
[PART II.
TEMPORAL AND SPIRITUAL POWERS.
either party prove contumacious, he was to deal with it by
ecclesiastical censure. 1
In 1209, in a letter to the consuls and citizens of Genoa,
Innocent dwells on the danger to souls, the injury to pro-
perty, and the " personarum dispendium " caused by the
quarrel between Genoa and Pisa, and on his duty to deal with
those disregarding his orders. He refers also in his letter
to the way in which the quarrel hindered relief being given
to the Holy Land. 2
The last letter we shall refer to, in this connection, is one
addressed by Innocent to John in April 1214, a few months
before the battle of Bouvines. In it Innocent directed John, on
pain of ecclesiastical censure, to make a truce with Philip to
last at least till after the General Council, summoned for 1215,
was over, and it appears from the letter that he also wrote
to Philip in similar terms. He gave these orders as the war
between John and Philip prevented help being sent to the
Holy Land and was causing other dangers, and he was there-
fore bound in virtue of his office to intervene. Besides ordering
an immediate truce, Innocent directed that two arbitrators
(mediatores pacis) be appointed to treat for a permanent
peace. Should they fail, the two kings were to submit to
Innocent's decision, and give guarantees that they would
obey. 3 There is no reference to any complaint by either
1 Reg. X. 86. 11th July 1208. " Cum
ergo discord-ise tanteo causa in grando
rerum dispendium, grave damnum
corporum, et immane periculum anima-
rum redundare noscatur, et ad nos
tan to pertineat specialius revocare
discordantes ad pacem quanto diffe-
rentius prse crcteris hnrcditnmus eam-
dem, qui bus eam mediator Dei et
hominum Jesus Christus, cujus nos,
licet indigni, vicem exercemus in terris,
non solum nascendo per angelum nun-
tiavit, "Gloria in excelcis Deo et in
terra pax hominihus bonce voluntatis
? . . " dioentem, verum etiam moriendo
quasi testamento legavit, cum dixit;
" Pacem meam do vobis, pacem re-
linquo vobis . . . " . . . ad ipsam, si
desuper datum fuerit, paterna sollici-
tudine vos duximus reducendoe . , .
prafato cardinali dedimus in mandatis
ut ad ea quse prsemisimus . . . insistat
. . . in partem, si quam repererit con-
tumace m, sublata appellatione, dis-
trictionis ecclesiasticse promulgando
censuram. "
? Reg. XII. 55, 20th June 1209.
? S. 186, 22nd April 1214. "Cum
ex guerra qua* vertitur inter te et . . .
Philippum . . . impediatur Terra
Sanetse sucoursus, . . . aliaque in-
numera timeantur ex ea pericula pro-
ventnra, nos apostolicse sedis servitii
debito provocati, ad reformationem pa-
cis intendimus interponere, . . . tibi
ac prsefato Francorum regi firmiter
injungamus per censuram ecclesias-
ticam, vos, si necesse fuerit, compel-
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? CHAP. I. ]
171
INNOCENT iH.
party, and it is singular Innocent should have ventured to
give peremptory orders after his previous rebuff by Philip.
Possibly he counted on the political situation to compel the
parties to yield.
The cases we have cited appear to show that Innocent
held that as vicar of Christ he could require the rulers of
States or cities at war with one another to cease hostilities
and to submit to his judgment, even though neither party
had appealed to him.
There was another class of cases in which Innocent fre-
quently intervened--namely, where the interests of widows
and minors were concerned. He describes himself as " debtor
to widows and orphans " ; and one of those whose wrongs
he endeavoured to right was Berengaria, the widow of Eichard
I. In this capacity in 1204 he wrote John that he had given
orders that unless he voluntarily did justice to Berengaria,
he would be compelled to do so by ecclesiastical pressure. 1
Next year he wrote again on the same subject, as the rep-
resentative of Christ, who is no acceptor of persons and who
does justice to all, and accordingly directed John to carry
out his agreement regarding Berengaria's dowry. Should
John fail to do so, an inquiry was to be made and the pro-
ceedings referred to the Pope for orders. 2 In 1208 the dowry
lendo ut pro tot et tantis periculis
evitandis, treugss ineatis et obeervetis
ad invicem saltem usque post generale
concilium celebrandum; rebus in eo
statu manentibus in quo erunt cum
ipsse treugss a parti bus flrmabuntur.
Et duo mediatores pacis absque
malitia eligantur, qui fideliter interim
tractent de concordia reformanda,
quse, si forte pro venire non possunt,
nostro vos arbitrio committatis, prav
stitis super his cautionibus. "
1 Reg. VI. 194, 4th January 1204.
" serenitatem tuam rogamus attente
et monemus, . . . quatenus, divinse
pietatis intuitu, et nostrarum precum
obtentu, saipedictro roginso (i. e. , Beren-
garia) oblata restituas universa, eidem
super his taliter satisfaciens, quod
majestatem divinam, quam per hseo
graviter offendisti, valeas complacare,
ac laudem et gloriam in conspectu
hominum promereri. Alioquin, quia
viduis et orphanis specialiter sumus
in sua justitia debitores, tuse saluti
potius oonsuientes, . . . abbatibus,
dedimus in mandatis, ut ipsi te ad
restitutionem . . . et ad justitiam . . .
coram eis plenariam exhibendam, moni-
tione prsemissa, per distrietionem eccle-
siasticam, appellatione remota, com-
pellant. "
* Reg. VII. 168, 16th December
1204. " Si judex, qui nec Deum
timebat, nec hominem, verebatur,
commotus ad instantiam viduse con-
querentis, de adversario suo vindictam
fecit eidem, quanto magis nos a clamo-
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? 172 TEMPORAL AND SPIRITUAL POWERS. [PAST II.
had still not been paid, and Innocent wrote to John that if
he did not admit any obligation to her, he should refer to the
Pope, who as the vicar of Christ was inspired by God in his
judgments. John had failed to appear before the Pope,
though Berengaria had been represented, and Innocent could
no longer postpone action. Should he not appear within a
month all lands included in Berengaria's dowry would be placed
under interdict. 1
Shortly after his accession there was a remarkable case of
papal intervention. Innocent gave as the ground of his
action that by virtue of his office he was bound to give com-
fort to the afflicted, and he therefore ordered the release of
Sibilla, widow of Tancred, and of others all imprisoned by
the orders of Henry VI. in Germany. 2 It seems very unlikely
that Innocent would have ventured to issue such orders
except in the state of confusion in Germany due to the death
of Henry VI. and the dispute as to the succession. Innocent
not only ordered the release of Sibilla and other prisoners,
but directed the recipients of his letter to excommunicate
those holding the prisoners in custody, and to place the whole
diocese in which they were imprisoned under interdict. There
is no suggestion in the letter that the Pope had acted as
ribus viduarum non debemus avertere
aures nostras, qui, licet immeriti, ejus
locum tenemus in terris, qui omnibus
injuriam patientibus, sine personarum
acceptione, facit judicium, et voce
prophetica aubveniri jubet oppresso,
et viduam defensari ? "
1 Reg. XI. 223, 21st January 1209.
Innocent wrote John regarding Beren-
garia's dowry (col. 1538 B). " Verum-
tamen si te forsan existimes eidem in
aliquo non teneri, coram nobis, qui
personam hominis in judicio non
accipimus, sed jus tum judicium, prout
ille nobis inspirare dignatur qui omne
judicium dedit Klio, judicamus, saltem
ipsi debueras justitiam exhibere, ac
non uti potentii o magnitudine contra
illam. " This did not end the affair,
but we have quoted enough to show
how Innocent proceeded in such
matters.
? Reg. I. 26. To the bishop of Sutri,
Sc. Undated, probably February 1198.
" Verum ne compassionis nostrss sola-
tium, qui patientibus ex susceptse
administrationis debito compati volu-
mus et tenemur, penitus subtrahatur,
quibus ipse Dominus jam videtur ex
parte placatus. " Innocent has ordered
the archbishop and others to release
Sibilla and other prisoners. " si man-
datum nostrum forte non fuerit adim-
pletum, vos in detentores eorum ex-
communicationis sententiam proferatis
et terras eorum, imo to tam dioecesim,
in qua nobiles ipsi tenentur vel ad
quam fuerint forte translati, interdicto
subatis. "
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? CHAP. I. ]
173
INNOCENT HI.
feudal overlord of Sicily. He based his action entirely on
his duty as Pope to comfort those in trouble.
Crusaders were under the special protection of the Church.
We need only refer to a few letters issued in the first year of
Innocent's reign as Pope. In one letter to the Archbishop
of Magdeburg and his suffragans he directs that the property
of all crusaders, from the time they take the cross, be taken
under the protection of St Peter and of himself, as well as of
all archbishops and bishops. He also gave instructions
regarding the action to be taken in the case of wrongs
done to crusaders placed under the protection of the
Church during their " peregrinatio. " 1 In the same year
he gave orders to Philip of Swabia and to the Duke
of Austria to return the ransom paid by Eichard for his
release while he was on his way back to England from
Palestine. 2
An important function of the Pope at this time was to
confirm agreements between secular rulers. For obvious
reasons it was often of great advantage to both parties to
have an agreement solemnly confirmed by the head of the
Church and recorded in his registers. A case in point is his
confirmation at the request of the King of Prance of an agree-
ment between him and Count Baldwin of Flanders. It was,
Innocent wrote, his duty in virtue of his apostolic office to
provide for the peace and quiet of all, but it was specially
incumbent on him in this case owing to his affection for
the king and owing to the advantage (commodum) to the
Church when Philip and his kingdom were at peace. He
confirmed the agreement as reasonable, drawn up by religi-
1 Reg. I. 300, 27th June 1198. The
letter commences, " Quanto gravioribus
rerum et personarum periculis se
opponunt qui relicta domo propria pro
liberatione salutifera cruris et terra
sanctse, . . . tanto circa tuitionem
ipso rum et rerum suarum vigilantior
cura nobis incumbit; cum tam ipsi
quam res eorum sint, donee in sancta
peregrinatione permanserint, specia-
liter sub protectione sedis apostolicse
constitute"
2 Reg. I. 236, 31st May 1198, and
242, 30th May 1198 respectively, direct
the return by the Duke of Swabia
and by the Duke of Austria of money
taken from Richard I.
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? 174
[PABT n.
TEMPORAL AND SPIRITUAL POWERS.
ous and prudent persons, properly authenticated and sworn
to, and accepted by both parties (ab utraque parte recepta).
1
Frequently in confirming agreements the Pope laid down
that any one infringing them should be dealt with by
ecclesiastical censure (this would ordinarily be excom-
munication). 2
Besides confirming agreements, we find other cases in which
Innocent directed the clergy to enforce orders given by a
prince--e. g. , he wrote the Archbishop of Guesen and his
suffragans directing them to enforce the decision of the Duke
of Silesia that Cracow should always be held by the eldest
son of the reigning duke. 3
We have already referred to the Vercelli case, in which
Innocent laid down that injured persons were entitled to
appeal to the Pope for redress where there was no other
competent court or temporal superior to do them justice. 4
He quotes Alexius as urging this principle in an appeal to
the Pope against his uncle, another Alexius, who had usurped
1 Reg. I. 130, early in May 1198.
" Licet ex injuncto nobis apostolatus
officio cunctorum teneamur providere
quieti et pacem inter singulos exoptare,
quietem tuam et regni tui tan to spe-
cialius conservare volumus et debemus
et inter magnificentiam regiam et
homines suos firms e pacis existere
fcedera studiosius affectamus, quanto
personam tuam specialiori diligimus
in Domino charitate, et pacem tuam
et regni tui ad Ecclesiai commodum
cognoscimus efficacius redundare. Ea
propter chariss. in Chrieto fili, tuis
justis precibus inclinati et petitionibus
tuis, quantum cum Deo possumus,
gratum impertientes assensum, felicis
mem. Celestini papse predeeesaoris
nostri vestigiis inhserentes, composi-
tionem iactam inter serenitatem tuam
et dilectum fUium nostrum Balduinum
co mi tem Flandrirc pro pace perpetuo
servanda, sicut rationabiliter facta est
coram viris religiosis et prudentibus
et scripto authentico roborata et
firmata pluribus juramentis et ab
utraque parte recepta auctoritate apost.
confirmamus et prsesentis scripti patro-
cinio communimus. "
? E. g. , Reg. III. 40, 19th December
1200, between the Count of Flanders
and the widow of the former count.
" si quis, contra conventiones pre-
missas quas volumus et mandamus
inviolabiliter observari, venire prse-
sumpserit, vos, auctoritate nostra suf-
fulti, temeritatem hujusmodi, per oen-
suram, appellatione remota, curetis
taliter castigare, quod, iniquitate re-
pressa, pacis fcedera permaneant in-
concussa, quse non possent sine mul-
torum dispendio violari. "
> Reg. XIII. 82, 8th June 1210.
fraternitati vestrse per apostolica
scripta mandamus quatenus institu-
tionem de majoritatis prrceminenun,
sicut ad utilitatem et pacem totius
provincise dignoscitur esse facta, faciatis
? ? per censuram ecclesiastioam sublato
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? CHAP. I. ]
175
INNOCENT III.
the empire of the East. 1 In this case political considerations,
and possibly also the difficulty of enforcing an award, may
have prevented his taking action. A remarkable instance
of intervention, going apparently far beyond the Vercelli
case, occurred in 1205, when he directed the Archbishop of
Armagh to deal with a complaint brought by one Norman
noble in Ireland against another. The complainant alleged
that he had been compelled by force to give up his property
in Ireland and leave the country and abandon all his claims
there. Innocent's orders to the archbishop were to inquire,
and should he find that war had been levied unjustly on the
complainant, the aggressor must restore the property taken
and release him from his oath. Should he disobey the arch-
bishop's orders, he was to be excommunicated, his lands
placed under interdict, and the complainant released from
his oath. 2
Among the most noteworthy incidents of the pontificate
of Innocent III. is the Albigensian Crusade. The two great
headquarters of Manichean forms of heresy, at the end of the
twelfth centaury, were Southern Prance and Northern Italy,
1 Reg. V. 122, 16th November 1202
(col. 1127 A). "Nos autem imperiali
prudentise taliter duximus responden-
dum, quod prsedictua Alexius olim ad
presentiam nostram accedens, gravem in
nostra et fratrum nostrorum prsesentia,
multisnobiliumRomanorum astantibus,
proposuit qusestionem, asserens quod
patrem ejus injuste ceperis, et feceris
etiam nequiter excsecari, eos diu deti-
nens carcerali custodise mancipatos, et
quia ad superiorem nobia non poterat
habere recursum, et nos, juxta Aposto-
lum, eramus tam sapientibus quam insi-
pientibus debitores, ei justitiam faoere
tenebamur. . . . " See also the Mont-
pellier ease referred to in a previous
volume, where he justifies his legitima-
tion of Philip's children by the fact
that Philip had no superior in temporal
things to whom he could apply (vol. ii.
p. 213 f. ).
a Reg. VIII. 114, 1st July 1205.
Innocent directs the Archbishop of
Armagh and other clerics to deal with
the complaint of John de Courcy
against H. de Lacey. Should it prove
to be true that the former was wronged
by the latter, " Cum igitur simus in
eo loco, disponente Domino, constituti,
ut, secumdum verbum propheticum,
debeamus dissolvere colligationes im-
pietatis, et fasciculos deprimentes ac
dimittere eos qui confracti sunt,
liberos et disrumpere omne onus," then
the wrongdoer must restore what he
had taken by violence, and must re-
lease his victim from the oaths extorted
from him. Disobedience to be punished
by excommunication and interdict.
Orpen,' Ireland under the Normans,'
vol. ii. chap, xvii. , p. 141, gives an
account of this quarrel, between John
? ? de Courcy and Hugh de Lacey.
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? 176
TEMPORAL AND SPIRITUAL POWERS. [PABT n.
and specially the former. These forms of heresy had long
engaged the attention of the ecclesiastical and of the secular
authorities. As far back as 1022 a number of heretics had
been condemned at a synod held at Orleans,1 and the matter
had repeatedly come before other provincial synods, some
of them presided over by popes. 2 In 1179 the Lateran Council
referred in one of its decrees to the open profession of heretical
doctrines in Gascony and in parts of the county of Toulouse.
The faithful were bidden protect the Christian population
against the heretics. The property of heretics was to be
confiscated, and it was declared that their rulers might law-
fully enslave them. Those who took up arms against them
were to receive some remission of the penalties of their sins,
and they were to have from the Church the same protection
as was given to crusaders. 3 Two years later Lucius III. at
Verona, supported by Frederick I. , anathematised the Cathari
and other heretics, and on the advice of his bishops at the
suggestion of the emperor, he directed that inquiries should
be made by the clergy in every parish where heresy was
suspected. Counts, barons, " rectors," &c. , were to swear,
if required by the archbishop or bishop, to help the Church
1 Hefele. Con. Ges. , vol. iv. p. 674 f.
Second edition.
>> L. c. , p. 680, 687, 731, also vol. v.
345-6, 568, 698, 642-4. Leo IX. and
Calixtus II. respectively presided over
the synod of Rheims (TV. 731) and
the Council of Toulouse (V. 345-6).
See also Mansi, vol. xxi. col. 718,
the decree of the synod at Rheims
over which Eugenius III. presided in
1148.
See also 1. e. , col. 632 canon 23 of
second Lateran Council.
* Mansi Con. , vol. xxii. , col. 231 f.
The 27th decree " Do hereticis" de-
clares " Eapropter quia in Gasconia,
Albegesio, et partibus Tolosanis, et
aliis loois, ita hsereticorum, quos alii
Catharos, alii Patrinos, alii Publicanos,
alii aliis nominibus vocant, invaluit
damnata perversitas, ut jam non in oc-
culto, sicut aliqui, nequitiam suam exer-
ceant, sed suum errorem publico mani-
festent. . . anathemati decernimus sub-
jacere ; et sub anathemate prohibemus
ne quis eos in domibus, vel in terra sua
tenere, vel fovere, vel negotiationem
cum eis exercoro prsesumat. " Similar
penalties are prescribed for all who
support them and " Relaxatos autem
se noverint a debito fidelitatis et
hominii ac totius obsequii ; . . . Confi-
ciscenturque eorum bona, et liberum
sit principibus, hujusmodi homines
subjicere servituti. "
The decree proceeds to declare the
privileges to be obtained by those who
take up arms '* biennium de poeni-
tentia injuncta relaxamus " and " sicut
eos, qui sepulchrum Dominicum visi-
tant, sub ecclesise dofensione recipi-
mus. "
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? CHAP. I. ]
177
INNOCENT HI.
against heretics and their supporters. Those disregarding
the order were to be punished by excommunication, and
their lands to be placed under interdict. Cities resisting
the order were to be cut off from intercourse with other cities,
and to be deprived of their bishoprics. 1
Innocent held it to be one of his most important duties
to deal with heretics,2 as his office required of him to main-
tain the kingdom of God free from scandals. 3 In April 1198
he despatched a monk named Eainer to visit the South of
France, and he ordered the ecclesiastical and secular authorities
to help him. He ordered them in the case of obstinate heretics,
excommunicated by Eainer, to confiscate their property and
to banish them. Should the heretics stay on after Eainer
had issued an interdict, the nobles were, as became Christians,
to deal still more severely with them. Eainer had received
from the Pope full powers of excommunication and interdict,
and the princes must not be displeased at such severity, as
Innocent was determined to do all in his power to extirpate
1 Mansi Con. , vol. xxii. , col. 478.
Decree at synod of Verona 1181 against
heretics. '* Ad hsec, de episcopali con-
silio, et suggestione culminis imperialiy,
et principum ejus, adjecimus, ut quili-
bet archiepiscopus vel episcopus, per
se, vel arcbdiaconum suum, aut per
alios . . . " make inquiry regarding
heretics and any found be dealt with
by the bishop. Refusal to take an
oath " superstitione damnabili" to
suffice for condemnation as an
heretic. " Statuimus insuper, ut
comites, barones, rectores, consules,
civitatum et aliorum locorum, juxta
commonitionem archiepiscoporum et
episcoporum, prsestito corporaliter jura-
mento promittant, quod in omnibus
prsedictis fortiter et efficaciter, cum
ab eis fuerint exinde requiaiti, eccle-
siam contra hrcreticos, et eorum com-
plices adjuvabunt, et studebunt bona
fide, juxta officium et posse suum,
ecclesiastica similiter et imperialia
statuta, circa ea qua durimus, execu-
VOL. V.
tioni mandare. Si vero id observare
noluerunt, honore, quem obtinent,
spolientur; et ad alios nullatenus assu-
mantur ; eis nihilo minus excommuni-
oatione ligandis, et terris ipsorum
interdicto ecclesise supponendis. Civi-
tas autem qus? his decretalibus insti-
tutis duxerit resistendum, vel contra
oommunitionem episcopi punire neg-
lexerit resistentes; aliarum careat
commercio civitatum, et episcopali se
noverit dignitate privendam. "
a Reg. II. 63, 7<h May 1199. " Inter
sollicitudinee nostras ilia debet esse
prsecipua, ut capiamus vulpeculas
quse moliuntur vineam Domini demo-
liri, species quidem habentes diversas,
sed caudas ad invicem colligatas, quia
de vanitate conveniunt in idipsum. "
8 Reg. IX. 208, 20th December
1206 (ool. 1050 C). " Cum igitur, ex
injure to nobis officio, de regno Dei
? ? collegere scandala tcneamur, et quan-
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? 178 TEMPORAL AND SPIRITUAL POWERS. [PAST II.
heresy. Any one who favoured or shielded such heretics
was also to be excommunicated and was to receive the same
punishment as those whom they favoured. 1
In the same year he confirmed orders issued by his legate
in Lombardy forbidding the admission of heretics to any
dignities ; nor were they to be allowed to take part in elections.
All podestas, consuls, and members of official bodies were to
swear to maintain these orders. In the same letter he con-
firmed the authority given by the legato to the Archbishop
of Milan to enforce these provisions by excommunicating any
who might prove contumacious, and by placing their lands
under an interdict. 2 In a letter to the King of Hungary the
Pope stated the penalties he enforced against heretics (in
his own territories), and asked him to banish them and to
confiscate their property. 3
1 Reg. I. 94, 21st April 1198. "Ad
hrce, nobilibus viris principibus, comi-
tibus et universis baronibus et magna -
tibus in vestra provincia constitutis
prsecipiendo mandamus et in remis-
sionem injungimus peccatorum, ut
ipeoe benigne recipientes pariter et
devote, eis contra hsereticos tam viri-
liter et potenter assistant, ut ad vin-
dictam malefactorum, laudem vero
bonorum, potestatem sibi traditam
probentur laudabiliter exercere, et si
qui hsereticorum ab errore suo com-
/noniti noluerint resipiscere, postquam
per prsedictum fratrem Rainerium
fuerint excommunicationis sententia
innodati, eorum bona confiscont et
de terra sua proscribant, et si post
interdictum ejus in terra ipsorum prse-
sumpserint commorari, gravius anim-
advertant in eos, sicut decet prin-
cipes christiannos, . . . Dedimus autem
dicto fratri R. liberam facultatem ut
eos ad id per excommunicationis sen-
tentiam et interdictum terrse appella-
tione remote compellat, nec volumus
ipsos acgre ferre aliquatenus vel moleste
si eos ad id exsequendum tam districte
compelli prsecipimus, cum ad nil
amplius intendamus uti severitatis
judicio, quam ad oxtirpandos hsere-
ticos . . Receivers and favourers
of heretics are to be dealt with as
severely as heretics by the Pope's
legate.
>> Reg. I.
