A Source Book for Mediæval History: Selected Documents illustrating the History of Europe in the Middle AgeThatcher, Oliver J. (Oliver Joseph)
History
A Source Book for Mediæval History: Selected Documents illustrating the History of Europe in the Middle Age
Thatcher, Oliver J. (Oliver Joseph)
Europe -- History -- 476-1492 -- Sources; Middle Ages -- Sources
In the name of the Father, Son, and Holy Spirit.
It is the business of the pope to look after the interests of the Roman
empire, since the empire derives its origin and its final authority from
the papacy; its origin, because it was originally transferred from
Greece by and for the sake of the papacy, the popes making the transfer
in order that the church might be better protected; its final authority,
because the emperor is raised to his position by the pope who blesses
him, crowns him, and invests him with the empire. Henry [VI] recognized
this truth in respect to our predecessor, pope Celestine of blessed
memory, for although for a little while after he had received the crown
from the pope, he refused to admit this, later he came to his senses and
besought the pope to invest him with the golden mantle of the empire.
Therefore, since three persons have lately been elected king by
different parties, namely, the youth [Frederick II], Philip, and Otto,
so also three things must be taken into account in regard to each one,
namely: the legality, the suitability, and the expediency of his
election.
In respect to the youth, the son of emperor Henry, at first glance it
does not seem lawful to oppose his election, because it was supported by
the oaths which his father received from the princes before his death.
For although that oath may have been extorted from them by force,
nevertheless it is not thereby rendered void; in the case of the oath
which the children of Israel swore to Gibeon, they decided that,
although it had been secured by fraud, it ought still to be kept.
Moreover, if the oath of the princes was originally extorted from them,
the emperor later recognized his sin, and released them from their oath,
sending back the letters in which they promised to elect his son; then
the princes, in the emperor's absence, of their own accord elected his
son, and almost all of them promised him fidelity and some did him
homage. Therefore it does not appear that they may lawfully break that
oath. It does not seem proper for us to deprive him of his kingdom,
because he has been intrusted to our guardianship and protection, and
moreover it is written: "Defend the fatherless" [Ps. 82:3]. It does not
seem expedient to oppose him, because, when the youth shall arrive at
years of discretion and shall learn that he was deprived of his kingdom
by the pope, not only will he not show us reverence, but even as far as
he is able he will attack the church, and withhold from her the
allegiance and dues which she should receive from the kingdom of Sicily.
On the other hand, there are good reasons why it should be lawful,
fitting, and expedient to oppose his election. It is lawful because the
oaths of the princes were illegal, and the election was unwise. For they
elected as emperor a person unsuited not only to that, but to any other
office, for he was then scarcely two years old and was not yet baptized.
Public-domain text, read in full here on John Shaqi.
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