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
Frederick II had agreed that Sicily and Germany should never be held by
the same person, but in 1220 he was scheming to have his son Henry [VII]
elected and crowned king of Germany. Now Henry [VII] was already king of
Sicily. If he were to be elected king of Germany, he would, in
accordance with his father's oath, be compelled to resign the crown of
Sicily. But this Frederick did not intend that he should do. Frederick's
pretext for having his son made king of Germany was that he could not go
on a crusade without leaving his son as king to care for the government
of Germany in his absence. His real purpose was to evade his oath to the
pope and secure both crowns in the possession of his family. In spite of
the protests of the pope, Frederick secured the election and coronation
of his son. He bought the aid of the German clergy by granting them
large regalian rights. These concessions which he made to the clergy
bought their support for the moment and made it impossible for the pope
to proceed to extreme measures against him for having his son crowned
king of Germany, contrary to his oath. The policy which Frederick
followed here was ruinous to the German crown. He made of each
ecclesiastical prince a little king in fact, though not in name, thus
stripping the crown of its rights and powers. For the logical and
ruinous effects of this policy on the royal power, see the Golden Bull,
no. 160.
In the name of the holy and undivided Trinity. Frederick II, by the
grace of God king of the Romans, Augustus, and king of Sicily.
We bear in grateful remembrance the fidelity of the ecclesiastical
princes to us, and their help in raising us to the empire, and
supporting us in that station, and in electing our son Henry as king,
and we propose to promote their interests as they have promoted ours,
and to support them as they have supported us.
Therefore since certain injurious customs, or rather abuses, have grown
up during the long conflicts of the empire (which now by the favor of
God have ceased), in the way of new tolls, the minting of coins which
led to confusion by their similarity to existing coins, private wars of
advocates, and other evils without number, we now remove these abuses by
the following decrees:
1. We promise that we will never henceforth lay claim to the personal
property of a prelate at his death [the right to the _spolia_], but
that, if a prelate dies intestate, his possessions shall go to his
successors, and that no layman shall lay claim to them on any pretext
whatsoever. If the prelate made a will it shall be valid in the law.
Public-domain text, read in full here on John Shaqi.
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