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Collection: Primary Sources
Subject Area: History

64.: Prohibition of Lay Investiture, November 19, 1078. - Oliver J. Thatcher, A Source Book for Mediaeval History. Selected Documents Illustrating the History of Europe in the Middle Age [1905]

Edition used:

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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64.

Prohibition of Lay Investiture, November 19, 1078.

Since we know that investitures have been made by laymen in many places, contrary to the decrees of the holy fathers, and that very many disturbances injurious to the Christian religion have thereby arisen in the church, we therefore decree: that no clergyman shall receive investiture of a bishopric, monastery, or church from the hand of the emperor, or the king, or any lay person, man or woman. And if anyone has ventured to receive such investiture, let him know that it is annulled by apostolic authority, and that he is subject to excommunication until he has made due reparation.

65.

Dictatus Papæ,ca. 1090.

Until recently the Dictatus Papæ was supposed to have been written by Gregory VII, but it is now known to have had a different origin. In 1087 cardinal Deusdedit published a collection of the laws of the church, which he drew from many sources, such as the actions of councils and the writings of the popes. The Dictatus agrees so clearly and closely with this collection, that it must have been based on it; and so must be later than the date of its compilation, 1087. It seems evident that some one, while reading the collection of Deusdedit, wishing to formulate the papal rights and prerogatives, expressed them in these twenty-seven theses. Although they were not formulated by Gregory himself, there is no doubt that they express his chief principles.

1. That the Roman church was established by God alone.

2. That the Roman pontiff alone is rightly called universal.

3. That he alone has the power to depose and reinstate bishops.

4. That his legate, even if he be of lower, ecclesiastical rank, presides over bishops in council, and has the power to give sentence of deposition against them.

5. That the pope has the power to depose those who are absent [i.e., without giving them a hearing].

6. That, among other things, we ought not to remain in the same house with those whom he has excommunicated.

7. That he alone has the right, according to the necessity of the occasion, to make new laws, to create new bishoprics, to make a monastery of a chapter of canons, and vice versa, and either to divide a rich bishopric or to unite several poor ones.

8. That he alone may use the imperial insignia.

9. That all princes shall kiss the foot of the pope alone.

10. That his name alone is to be recited in the churches.

11. That the name applied to him belongs to him alone.

12. That he has the power to depose emperors.

13. That he has the right to transfer bishops from one see to another when it becomes necessary.

14. That he has the right to ordain as a cleric anyone from any part of the church whatsoever.

15. That anyone ordained by him may rule [as bishop] over another church, but cannot serve [as priest] in it, and that such a cleric may not receive a higher rank from any other bishop.

16. That no general synod may be called without his order.

17. That no action of a synod and no book shall be regarded as canonical without his authority.

18. That his decree can be annulled by no one, and that he can annul the decrees of anyone.

19. That he can be judged by no one.

20. That no one shall dare to condemn a person who has appealed to the apostolic seat.

21. That the important cases of any church whatsoever shall be referred to the Roman church [that is, to the pope].

22. That the Roman church has never erred and will never err to all eternity, according to the testimony of the holy scriptures.

23. That the Roman pontiff who has been canonically ordained is made holy by the merits of St. Peter, according to the testimony of St. Ennodius, bishop of Pavia, which is confirmed by many of the holy fathers, as is shown by the decrees of the blessed pope Symmachus.

24. That by his command or permission subjects may accuse their rulers.

25. That he can depose and reinstate bishops without the calling of a synod.

26. That no one can be regarded as catholic who does not agree with the Roman church.

27. That he has the power to absolve subjects from their oath of fidelity to wicked rulers.

Section 1 means that the Roman church received the primacy over the whole church directly from Christ. Section 8 is based on the forged Donation of Constantine, according to which the emperor gave the pope the right to use the imperial insignia. In section 11 it is not clear what name is meant. It may be “universal” as in section 2. The bishop of Rome claimed the exclusive right to call himself pope, apostolic, and universal. Papa or pope was at first the common title of all priests, and is still so in the Greek church. But in the course of time it was limited in the west to the bishop of Rome. “Apostolic” was at first applied to all bishops, but eventually the bishop of Rome claimed the exclusive right to it and forbade all other bishops to use it. Since the bishop of Rome was the head of the whole church he was the only one who could call himself “universal.” The right of ordaining, section 14, that is, of raising to the clerical rank, belonged to each bishop, but he could exercise it only in his own diocese. But the bishop of Rome had the whole world for his diocese, and hence he could ordain any one, no matter to what bishopric he belonged. In explanation of section 23 the following passage from pope Symmachus (498-514) is offered (Hinschius, “Decretales,” p. 666). “We do not judge that St. Peter received from the Lord with the prerogative of his chair [that is, with his primacy] the right to sin. But he passed on to his successors the perennial dower of his merits with his heritage of innocence. Who can doubt that he who is exalted to the height of apostolic dignity is holy?”

66.

Letter of Gregory VII to all the Faithful, Commending his Legates, 1074.

It had not been uncommon for the popes to send their legates on missions to various parts of the world, but Gregory VII made a far more frequent use of them than any of his predecessors. He practically ruled the church through them and demanded that they be received and obeyed by all. This letter shows his general attitude on the matter, the authority he gave them, and the reception which he expected them to have.

Gregory, bishop, servant of the servants of God, to all the faithful subjects of St. Peter, to whom these presents come, greeting and apostolic benediction.

You see that wickedness is increasing and that the wiles of the devil are prevailing in the earth, that Christian charity has grown cold and religious zeal has almost disappeared within the church. But since we cannot be everywhere present in person to attend to all these matters, we have sent to you two beloved sons of the holy Roman church, Geizo, abbot of St. Boniface, and Maurus, abbot of St. Sabba, who shall represent us to you and have authority to do in our name whatever may be to the advantage of the church. Remember therefore that saying of the gospel: “He that heareth you heareth me; and he that despiseth you despiseth me” [Luke 10:16]. As you care for the friendship and for the favor of St. Peter, whose messengers they are, receive them with the proper reverence and kindness, and obey them in all matters which may arise as part of their mission or through the exigencies of the situation among you. If it becomes necessary or expedient for the legates to separate and go to different regions, each one of them shall be received and obeyed as our representative.

67.

Oath of the Patriarch of Aquileia to Gregory VII, 1079 ad

Gregory VII required an oath of fidelity from all bishops. By comparing the oath of Boniface to Gregory II (no. 40) and the oath of Richard of Capua (no. 68) with this oath of the patriarch of Aquileia, interesting light will be thrown on the theory and practice of Gregory VII.

From now henceforth I will be faithful to St. Peter and to pope Gregory [VII] and to his successors who shall be elected by the better cardinals. Neither in counsel nor in deed will I do anything to cause them to lose their life, or limb, or the papacy, or that they be taken prisoner through any treacherous trick. To whatsoever synod they, either in person or by messenger or by letter, may call me, I will come and I will obey them according to the law; or if I shall not be able to come, I will send my representative. I will aid and defend them in holding and defending the papacy and the regalia of St. Peter, saving the duties of my position. If they, either in person or by messenger or by letter, shall intrust me with a secret, I will not knowingly reveal it to anyone to their harm. I will treat with honor a papal legate, whether coming [from Rome] or going [back to Rome], and I will give him my aid whenever he needs it. I will not wittingly associate with any whom the pope has excommunicated. Whenever I shall have been called on I will aid the Roman church with my military forces. All these duties I will perform unless I shall have been excused from them.

68-73.

Gregory VII Exercises Secular Authority.