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31.: Wipo, Life of Conrad II. - Oliver J. Thatcher, A Source Book for Mediaeval History. Selected Documents Illustrating the History of Europe in the Middle Age 
A Source Book for Mediaeval History. Selected Documents Illustrating the History of Europe in the Middle Age, ed. Oliver J. Thatcher and Edgar Holmes McNeal (New York: Charles Scribner’s Sons, 1905).
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Wipo, Life of Conrad II.
8. Rudolf, king of Burgundy, in his old age ruled his realm in a careless fashion and thereby aroused great dissatisfaction among his nobles. So he invited his sister’s son, the emperor Henry II, to come to him, and he designated him as his successor and caused all the nobles of his realm to swear fealty to him. . . . Now after the death of Henry , king Rudolf wished to withdraw his promise, but Conrad [II], desiring to increase rather than to diminish the empire and to reap the fruits of his predecessor’s efforts, seized Basel in order to force Rudolf to keep his promise. But queen Gisela, the daughter of Rudolf’s sister, brought about reconciliation between them.
29. In the year of our Lord 1032, Rudolf, king of Burgundy, died, and count Odo of Champagne, his sister’s son, invaded the kingdom and had already seized many castles and towns, partly by treachery and partly by force. . . . In this way he gained a large part of Burgundy, although the kingdom had been promised under oath a long time before by Rudolf to Conrad and his son, king Henry. But while Odo was doing this in Burgundy, emperor Conrad was engaged in a campaign against the Slavs. . . .
30. In the year of our Lord 1033, emperor Conrad, with his son, king Henry, celebrated Christmas at Strassburg. From there he invaded Burgundy by way of Solothurn, and at the monastery of Peterlingen on the day of the purification of the Virgin Mary [February 2] he was elected king of Burgundy by the higher and lower nobility, and was crowned on the same day.
Henry III and the Eastern Frontier, 1040 to 1043.
The expansion of Germany to the east was slow and unstable. Poles, Bohemians, and Hungarians refused to remain tributary, but took every opportunity to rebel against the Germans. We give a few passages from Lambert’s Annals to show that Henry III was aware of the policy bequeathed him by his predecessors, although he was not very successful in his efforts to carry it into effect.
Anno 1040. King Henry [III] led an army into Bohemia, but suffered heavy losses. Among others, count Werner and the standard bearer of the monastery of Fulda were slain.
Peter, king of Hungary, was expelled by his people. He fled to Henry and asked his aid.
1041. King Henry entered Bohemia a second time and compelled their duke, Bretislaw, to surrender. He made his territory tributary to Henry.
Ouban, who had usurped the crown of Hungary, invaded Bavaria and Carinthia (Kaernthen) and took much booty. But the Bavarians united all their forces, followed them, retook the booty, killed a great many of them, and put the rest to flight.
1042. King Henry made his first campaign against Hungary, and put Ouban to flight. He went into Hungary as far as the Raab river, took three great fortresses, and received the oath of fidelity from the inhabitants of the land.
1043. The king celebrated Christmas at Goslar, where the duke of Bohemia came to see him. He was kindly received by the king, honorably entertained for some time, and at length sent away in peace. Ambassadors came to him there from many peoples, and among them those of the Rusci, who went away sad because Henry refused to marry the daughter of their king. Ambassadors also came from the king of Hungary and humbly sued for peace. But they did not obtain it, because king Peter, who had been deposed and driven out by Ouban, was there and was begging for the help of Henry against Ouban.
THE PAPACY TO THE ACCESSION OF GREGORY VII, 1073
The chief purpose of the documents offered in this section is to illustrate the growth of the papal power and the development of the conflicting claims of the empire and the papacy. The organization of the church was a matter of slow growth, and at first the bishop of Rome actually exercised ecclesiastical authority in a decisive way only in his own diocese. But by 1073 the organization of the church was so developed that the supremacy of the pope over the church and ecclesiastical affairs in the west was in a fair way of becoming an accomplished fact. He had secured the sole right to be called pope, universal, and apostolic.
The growth of his temporal power is even more clearly marked. At the time of Constantine the bishop of Rome had no temporal authority. But gradually he acquired power over temporal matters and exercised various secular and even imperial prerogatives, until Gregory VII found it easy to formulate and put forth the claim that the pope was master of the emperor and the real ruler of the world even in temporal things. Before 1073 there was occasional friction between the empire and the papacy, but this did not develop into a real and definite struggle for world supremacy until Gregory VII became pope.
Selections are here given to illustrate (1) the election of bishops, and especially the early election of the bishop of Rome, nos. 33, 34, 37, 38; (2) the chief means by which the pope acquired recognition of his ecclesiastical headship in the west, that is, his missionary work, nos. 35, 39, 40; (3) the rebellion of the pope against the rule of the Greek emperors, nos. 41, 42; (4) the acquisition of land and of temporal authority by the pope, nos. 36, 43-46, 54; (5) the development of specific conflicting claims of pope and emperor regarding the election and consecration of the pope, the creation and coronation of the emperor, and the exercise of functions which had been regarded as imperial, nos. 47-53, 55-59.
Legislation Concerning the Election of Bishops, Fourth to the Ninth Century.
In the election of the clergy, especially of the bishops, it was some centuries before the theory and the practice of the church entirely agreed. In theory the laity should have nothing to do with the election of the clergy, but in fact, they have, at various times and in different degrees, exercised authority over such matters. Thus, for instance, the people of Rome had a part in the election of their bishop; the emperors at Constantinople, at first in person, later through the exarch at Ravenna, confirmed his election; Karl the Great and his successors named the bishops of Germany; Otto I and Henry III made and unmade bishops of Rome. This state of affairs lasted well into the eleventh century. The church strove more and more to free itself from all outside influence, while the emperors struggled to retain their control of it.
The Corpus Juris Canonici (Body of Canon Law), which consists chiefly of decisions of church councils and of papal decrees and bulls, is the code of laws by which the church is governed. Frequent additions were made to it until Gregory XIII (1572-85) prepared a standard edition of it. It has been republished a great many times. For the sake of brevity we have made use of a few of its chapters here instead of the longer originals from which they are taken.
C. vi. Laymen have not the right to choose those who are to be made bishops.
(From the Council of Laodicæa, fourth century.)
C. vii. Every election of a bishop, priest, or deacon, which is made by the nobility [that is, emperor, or others in authority], is void, according to the rule which says: “If a bishop makes use of the secular powers to obtain a diocese, he shall be deposed and those who supported him shall be cast out of the church.”
(From the third canon of the second council at Nicæa, 787, quoting the 30th canon of the Apostolic Constitutions; Mansi, XVI, 748.)
C. i. No layman, whether emperor or noble, shall interfere with the election or promotion of a patriarch, metropolitan, or bishop, lest there should arise some unseemly disturbance or contention; especially since it is not fitting that any layman or person in secular authority should have any authority in such matters. . . . If any emperor or nobleman, or layman of any other rank, opposes the canonical election of any member of the clergy, let him be anathema until he yields and accepts the clear will of the church in the election and ordination of the bishop.
(From the twenty-second canon of the eighth synod of Constantinople, 869; Mansi, XVI, 174 f.)
The Pope must be Chosen from the Cardinal Clergy of Rome, 769.
C. iii. It is necessary that our mistress the holy Roman Catholic church be governed properly, and in accordance with the precedents established by St. Peter and his successors, and that the pope be chosen from the cardinal priests or cardinal deacons. C. iv. No one, whether layman or clergyman, shall presume to be made pope unless he has risen through the regular grades1 at least to the rank of cardinal deacon or has been made a cardinal priest.
The Petrine Theory as Stated by Leo I, 440-61.
Leo I (440-61) made frequent use of the Petrine theory. In brief this theory is that to Peter as the prince of the apostles was committed the supreme power over the church. To him the keys were intrusted in a special manner. In this consisted his primacy, his superiority over the other apostles. This primacy or first rank he communicated to his successors, the bishops of Rome, who, by virtue of being his successors, held the same primacy over the church and over all other bishops as Peter held over the other apostles. The passage on which this theory is based is found in Matt. 16:18 f: “And I say unto thee, That thou art Peter, and upon this rock I will build my church; and the gates of hell shall not prevail against it. And I will give unto thee the keys of the kingdom of heaven: and whatsoever thou shalt bind on earth shall be bound in heaven: and whatsoever thou shalt loose on earth shall be loosed in heaven.”
We offer the following detached passages from the works of Leo I to illustrate his conception of the theory.
Col. 628. Our Lord Jesus Christ, the Saviour of the world, caused his truth to be promulgated through the apostles. And while this duty was placed on all the apostles, the Lord made St. Peter the head of them all, that from him as from their head his gifts should flow out into all the body. So that if anyone separates himself from St. Peter he should know that he has no share in the divine blessing.
Col. 656. If any dissensions in regard to church matters and the clergy should arise among you, we wish you to settle them and report to us all the terms of the settlement, so that we may confirm all your just and reasonable decisions.
Col. 995. Constantinople has its own glory and by the mercy of God has become the seat of the empire. But secular matters are based on one thing, ecclesiastical matters on another. For nothing will stand which is not built on the rock [Peter] which the Lord laid in the foundation [Matt. 16:18]. . . . Your city is royal, but you cannot make it apostolic [as Rome is, because its church was founded by St. Peter].
Col. 1031. You will learn with what reverence the bishop of Rome treats the rules and canons of the church if you read my letters by which I resisted the ambition of the patriarch of Constantinople, and you will see also that I am the guardian of the catholic faith and of the decrees of the church fathers.
Col. 991. On this account the holy and most blessed pope, Leo, the head of the universal church, with the consent of the holy synod, endowed with the dignity of St. Peter, who is the foundation of the church, the rock of the faith, and the door-keeper of heaven, through us, his vicars, deprived him of his rank as bishop, etc. [From a letter of his legates.]
Col. 615. And because we have the care of all the churches, and the Lord, who made Peter the prince of the apostles, holds us responsible for it, etc.
Col. 881. Believing that it is reasonable and just that as the holy Roman church, through St. Peter, the prince of the apostles, is the head of all the churches of the whole world, etc.
Col. 147. This festival should be so celebrated that in my humble person he [Peter] should be seen and honored who has the care over all the shepherds and the sheep committed to him, and whose dignity is not lacking in me, his heir, although I am unworthy.
The Emperor Gives the Pope Authority in certain Secular Matters.
One of the chief effects of the invasions of the barbarians was an increased lawlessness and disorder throughout the territory in which they settled. The administration of justice was seriously disturbed by their presence in the country, and the machinery of government was, to a certain extent, destroyed by them. Under these circumstances the clergy, by virtue of their office and character, were looked on as representatives of law, order, and justice, and they were quite naturally given a voice in the administration of justice and in the general management of affairs. The selections from the pragmatic sanction, which Justinian issued in 554, show in part the use which he made of the bishop of Rome to restore and secure order and good government in Italy after the long, destructive, and demoralizing wars which he waged with the East Goths.
§ 12. The bishops and chief men shall elect officials for each province who shall be qualified and able to administer its government, etc.
§ 19. That there may be no opportunity for fraud or loss to the provinces, we order that, in the purchase and sale of all kinds of produce [grain, wine, oil, etc.] and in the payment and receipt of money, only those weights and measures shall be used which we have established and put under the control of the pope and of the senate.
The Emperor has the Right to Confirm the Election of the Bishop of Rome,ca. 650. A Letter from the Church at Rome to the Emperor at Constantinople, Asking him to Confirm the Election of their Bishop.
For a long time the emperor at Constantinople had exercised the right of confirming the election of the bishop of Rome. No one could be ordained and consecrated pope until his election had been confirmed by the emperor.
The Liber Diurnus is a collection of letters or formulas which were used by the papal secretaries as models in drawing up the pope’s letters. This particular collection was in use at the papal court from about 600 to 900 ad When it became necessary to write to the emperor at Constantinople to secure his confirmation of the election of a bishop of Rome, a secretary would copy this letter, inserting the proper names in the appropriate places and making such other changes in its wording as might be necessary to fit the particular case.
Although God himself has brought about such harmony and unity in the election of a successor to the pope who has just died that there is scarcely one that opposes it, it is necessary that we humbly pour out the prayers of our petition to our most serene and pious lord who is known to rejoice in the harmony of his subjects and graciously to grant what they unite in asking. Now, when our pope (name), of blessed memory, died, we all agreed in the election of (name), venerable archdeacon of the apostolic see, because from his early youth he had served in this church and had shown himself so able in all things that on the score of his merits he deserved to be put at the head of the government of the church; especially since he was of such a character that with the help of Christ and by constant association with the aforesaid most blessed pope (name), he has attained to the same high merits with which his predecessor (name), of blessed memory, was graced; with his eloquence, he stirred within us a desire for the holy joys of heaven; so we confidently believe that what we have lost in his predecessor we have found again in him. Therefore, with tears, all your servants beg that you, our lord, may deign to grant our petition and accede to our wishes concerning the ordination of him whom we have elected, and, to the glory of the realm, authorize his ordination; that thus, after you have established him over us as our pastor, we may constantly pray for the life and government of our lord the emperor to the omnipotent Lord and to St. Peter, over whose church, with your permission, a worthy governor is now to be ordained.
Signatures of the clergy:
I, (name), by the mercy of God, priest of the holy Roman Church, have signed this our action regarding (name), venerable archdeacon of the holy apostolic see, our pope elect.
Signatures of the laity:
I, (name), your servant, have with full consent signed this our action regarding (name), venerable archdeacon of the holy apostolic see, our pope elect.
A Letter from the Church at Rome to the Exarch at Ravenna, Asking him to Confirm the Election of their Bishop,ca. 600.
As is clear from the preceding number, the confirmation of the election of the bishop of Rome was in the hands of the emperor. His residence was at Constantinople, but he was, of course, not always to be found there. Because of his distance from Rome it might take several months to secure his confirmation. Such delays interfered with the administration of the office and were very burdensome to the Romans because the pope had a large share in the government of the city. Until their new bishop was confirmed the government of the city was almost at a standstill. So, in the seventh century, the emperor, at the request of the Romans, commissioned his exarch at Ravenna to act for him in this matter.
To the most excellent and exalted lord (may God graciously preserve him to us for a long life in his high office), (name), exarch of Italy, the priests, deacons, and all the clergy of Rome, the magistrates, the army, and the people of Rome, as suppliants, send greeting.
Providence is able to give aid and to change the weeping and groaning of the sorrowing into rejoicing, that those who were recently smitten down with affliction may afterward be fully consoled. For the poet king, from whose prophetic heart the Holy Spirit spoke, has said: “Weeping may endure for a night, but joy cometh in the morning” [Ps. 30:5]. And again, giving thanks to God, he sings of the greatness of his mercies, and says: “Thou hast turned for me my mourning into dancing: thou hast put off my sackcloth, and girded me with gladness: to the end that my glory may sing praise to thee, and not be silent” [Ps. 30:11-12]. For he careth for us [1 Peter, 5:7] as that chosen vessel [Peter] and our confession of faith declare. For the things which were causing sadness He has changed to rejoicing and has mercifully given aid to us, unworthy sinners. Now, our pope (name) having been called from present cares to eternal rest, as is the lot of mortals, a great load of sorrow oppressed us, deprived, as we were, of our guardian. But because we hoped in God, He did not permit us long to remain in this affliction. For after we had spent three days in prayer that He would deign to make known to all who was worthy and should be elected pope, with the aid of his grace which inspired our minds, we all came together in the accustomed manner; that is, the clergy and the people of Rome, the nobility and the army, as we say, from the least to the greatest; and the election, with the help of God and the aid of the holy apostles, fell upon the person of (name), most holy archdeacon of this holy apostolic see of the church of Rome. The holy and chaste life of this good man, beloved of God, was so pleasing to all that no one opposed his election, and no one dissented from it. Why should not men unanimously agree upon him whom the incomparable and never failing providence of God had foreordained to this office? For without doubt this had been determined on in the presence of God. So, solemnly fulfilling God’s decrees and confirming the desires of our hearts with our signatures, we have sent you our fellow-servants as the bearers of this writing, (name), most holy bishop, (name), venerable priest, (name), regionary notary, (name), regionary subdeacon, (names), honorable citizens, and from the most flourishing and successful army of Rome, (name), most eminent consul, and (names), chief men, tribunes of the army, together most earnestly begging and praying that you may approve our choice. For he who has been unanimously elected by us, is, so far as man can discern, above reproach. And therefore we beg and beseech you to grant our petition quickly, because there are many matters arising daily which require the solicitous care and attention of a pope. And the affairs of the province and all things connected therewith also need and are awaiting some one to control them. Besides we need some one to keep the neighboring enemy in check, a thing which can be done only by the power of God and of the prince of the apostles, through his vicar, the bishop of Rome. For it is well known that at various times the bishop of Rome has driven off our enemies by his warnings, and at others he has turned them aside and restrained them with his prayers; so that by his words alone, on account of their reverence for the prince of the apostles, they have offered voluntary obedience; and thus they whom the force of arms had not overcome have yielded to papal threats and prayers.
Since these things are so, again and again we beseech you, our exalted lord, with the aid and inspiration of God, to perform the duty of your imperial office by granting our request. And we, your humble servants, on seeing our desires fulfilled, may then give unceasing thanks to God and to you, and with our spiritual pastor, our bishop, enthroned on the apostolic seat, we may pour out prayers for the life, health, and complete victories of our most exalted and Christian lords, (names), the great and victorious emperors, that the merciful God may grant manifold victories to their royal courage, and cause them to triumph over all peoples; and that God may give them joy of heart because the ancient rule of Rome has been restored. For we know that he whom we have elected pope can, with his prayers, influence the divine Omnipotence; and he has prepared a joyful increase for the Roman empire, and he will aid you in the government of this province of Italy which is subject to you, and he will aid and protect all of us, your servants, through many years.
Signatures of the clergy:
I, (name), humble archpriest of the holy Roman church, have with full consent subscribed to this document which we have made concerning (name), most holy archdeacon, our bishop elect.
And the signatures of the laity:
I, (name), in the name of God, consul, have with full consent subscribed to this document which we have made concerning (name), most holy archdeacon, our bishop elect.
Gregory I Sends Missionaries to the English, 596.
The pope secured recognition of his supremacy largely because much of the west was Christianized through his efforts. The mission established by Augustine in England was one of the most important missionary undertakings of the pope because it succeeded in making England Roman Catholic. And not only that, but after the conversion of England, Englishmen were largely instrumental in Christianizing many parts of Europe and in subjecting them to the bishop of Rome. Thus it was an Englishman, Boniface, who organized the church in Germany and put it under papal control. By English and German missionaries the barbarians to the north and east of Germany, that is, the Danes, Norwegians, Swedes, Poles, Bohemians, and Hungarians, were Christianized and made tributary to the pope.
23. . . . Gregory was divinely led to send Augustine, the servant of God, and with him several other pious monks to preach the word of God to the English. . . .
25. . . . So Augustine and the servants of Christ who were with him came into Britain. At that time Ethelbert was king in Kent. He was a powerful king and had extended the boundaries of his realm to the Humber river, which separates the English of the north from those of the south. On the east shore of Kent there is a small island called Thanet, about large enough for 600 families, according to the English way of reckoning. . . . Here Augustine, the servant of the Lord, landed with his companions, who, it is said, numbered about forty. At the suggestion of the pope, they brought with them some Franks as interpreters. They sent word to Ethelbert that they had come from Rome, bearing good tidings which would surely bring to all who obeyed them eternal joy in heaven and a kingdom without end with the true and living God. The king ordered them to remain where they were and to be supplied with food until he should make up his mind what to do with regard to them. For he already knew about Christianity. Indeed his wife, Bertha, of the royal family of the Franks, was a Christian. Her family had consented to her marriage with Ethelbert only on the condition that she should be permitted to remain faithful to her religion, and, to aid her in this, they had sent with her a bishop named Liudhard.
After some days the king came to Thanet and ordered Augustine and his companions to come to him. . . . At the command of the king they sat down, and after they had preached the word of God to the king and his companions, he responded as follows: “Beautiful indeed are your words and the promises which you make. But because they are new and untried I cannot accept them and desert those things which I and all the English have held for so long. However, since you are strangers and have come so far, and since I see that you desire to share with us those things which you think are true and best, we do not wish to offend you. On the contrary, we extend to you our gracious hospitality and will supply you with the necessities of life. And you may also preach, and convert to your faith as many as you can.” And he gave them a dwelling-place in Canterbury, which is the chief city of his kingdom.
The Oath of Boniface to Pope Gregory II, 723.
Although the Franks accepted Christianity in 496, they had made little progress in ecclesiastical discipline and in the knowledge of Christian doctrine. Heathen beliefs and practices were mixed with their Christianity, and the clergy were ignorant and undisciplined. The influence and authority of the pope did not extend to them. Boniface was an Englishman, a monk, and a devoted supporter of the doctrine of papal supremacy. He spent his life as a missionary among the Germans and gained the title of the “apostle of Germany.” From 715 to his death in 754 he labored with untiring zeal to convert them and to attach them to Rome. He visited Rome several times to secure the pope’s consent and blessing on his work, and bound himself by an oath to labor for the advancement of papal interests. He established bishoprics which became famous, such as Würzburg, Eichstädt, and Erfurt, and monasteries, such as Fritzlar, and Fulda. By his efforts the German church was bound firmly to Rome and the pope’s authority established over the church in Germany.
The pope required the newly elected bishops of his diocese to take an oath to be obedient and true to him. The unity of the church was to be secured by the obedience of all to one head, that is, the pope. So when the Lombards were converted to the orthodox faith the pope required their bishops to take the same oath to him as did the bishops of his diocese. Their oath is, with the exception of a few phrases, identical with this oath of Boniface. That is, the pope regarded Lombardy and Germany as having the same relation to him as did his own diocese about Rome.
I, Boniface, by the grace of God bishop, promise thee, St. Peter, prince of the apostles, and thy vicar, blessed pope Gregory, and his successors, through the Father, Son, and Holy Spirit, the inseparable Trinity, and on this thy most holy body, that I will hold the holy Catholic faith in all its purity, and by the help of God I will remain in unity with it, without which there is no salvation. I will in no way consent to anyone who acts against the unity of the church, but, as I have said, I will preserve the purity of my faith and give my support to thee [St. Peter] and to thy church, to which God has given the power of binding and loosing, and to thy vicar, and to his successors. And if I find out that any bishops are acting contrary to the ancient rules of the holy fathers, I will have no communion or association with them, but I will restrain them as far as I can. But if I cannot restrain them I will report it at once to my lord the pope. And if I shall ever in any way, by any deceit, or under any pretext, act contrary to this my promise, I shall be found guilty in the day of judgment, and shall suffer the punishment of Ananias and Sapphira, who presumed to try to deceive thee about their possessions and to lie to thee. This text of my oath, I, Boniface, unworthy bishop, have written with my own hand, and have placed it over the most holy body of St. Peter; before God as my witness and judge, I have taken this oath, which also I promise to keep.
The Rebellion of the Popes against the Emperor.
[1 ] The grades are given as follows in the Cor. Jur. Can., Dist. LXXVII, c. i. The candidate for the office of bishop must first have been doorkeeper (ostiarius), then reader (lector), then exorcist (exorcista), then consecrated as an acolyte (acolythus), then subdeacon (subdiaconus), then deacon (diaconus), then priest (presbyter), and then if he is elected he may be ordained bishop. The law expressed in chap. iii, so thoroughly in the interests of the ambitious clergy of Rome, was not long observed, for it frequently happened that the bishop of some other city was chosen pope. But it was in accord with previous legislation. The church had early declared against the removal of a clergyman from one congregation to another. Thus the council of Nicæa, 325, in its fifteenth canon (cf. Hefele, Conciliengeschichte, I, pp. 418 f), “forbids bishops, priests, and deacons to move from one town (congregation) to another, because such a practice is against the rule of the church and has often caused disturbances and divisions between congregations. If any bishop, priest, or deacon disobeys this command and removes to another congregation, his action shall be illegal, and he shall be sent back to the congregation which he was serving.”