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Front Page arrow Titles (by Subject) arrow 83.: The First Privilege which Paschal II Granted to Henry V, February 12, 1111. - A Source Book for Mediaeval History. Selected Documents Illustrating the History of Europe in the Middle Age

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Collection: Primary Sources
Subject Area: History

83.: The First Privilege which Paschal II Granted to Henry V, February 12, 1111. - Oliver J. Thatcher, A Source Book for Mediaeval History. Selected Documents Illustrating the History of Europe in the Middle Age [1905]

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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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83.

The First Privilege which Paschal II Granted to Henry V, February 12, 1111.

In the struggle about the election and investiture of bishops, which was begun by Gregory VII, Henry V pursued the same policy as his father, Henry IV. He was so vigorous in pushing his claims that Paschal II (1099-1118) yielded and in 1111 decreed that the high clergy should give up all their fiefs and temporal offices, and exercise only spiritual functions. But this action met with a storm of opposition. The bishops refused to give up their temporal possessions, and resisted with such determination that Paschal was compelled to cancel his agreement with Henry V. But the king would not be denied. He brought such pressure to bear on the pope that he made a complete surrender and granted Henry the control of the elections of bishops and the unconditional right to invest them with their office (no. 84).

Paschal, bishop, servant of the servants of God, to his beloved son Henry, and to his successors forever.

Priests are forbidden by the scriptures and by the canons of the church to occupy themselves with secular affairs or to attend the public courts, except in the exercise of their office, such as the saving of the souls of the condemned or the assisting of the injured. In regard to this St. Paul says: “If then ye have judgments of things pertaining to this life, set them to judge who are least esteemed in the church” [1 Cor. 6:4]. But in your kingdom bishops and abbots regularly attend the courts and perform military service, which duties necessarily bring them into contact with rapine, sacrilege, and violence. The ministers of the altar are made ministers of the royal court, and are given cities, duchies, marks, mints, and other offices to hold and to rule. As a result an unbearable custom has arisen that bishops elect cannot be consecrated until they have been invested with office by the king. Simony and worldly ambition have thereby become so prevalent that men are sometimes placed in control of the episcopal properties who have not been elected bishops; and are sometimes invested with them while the true bishops are still alive. Our predecessors, pope Gregory VII and pope Urban II, of blessed memory, were impelled by the many evils resulting from this practice to condemn lay investiture in several councils, decreeing that those who obtained ecclesiastical offices by these means should be forced to surrender them and that those who conferred the investiture should be excommunicated. This was based on the chapter of the apostolic canons which reads: “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.” [See no. 33.] Following their example, we have confirmed the present decree, which has been passed by a council of bishops.

All the royal offices and benefices which belonged to the empire in the time of the emperors Karl, Ludwig, and your other predecessors, and which are now held by the church, we order to be restored to you. We forbid any bishop or abbot, under pain of anathema, to hold any of these regalia; that is, cities, duchies, marks, counties; rights of minting, markets, or tolls; offices of advocate or hundred-man; estates which belong to the empire, with any of their appurtenances, the right to hold castles or to do military service. They shall not henceforth have anything to do with these regalia, except at the request of the king. And our successors are forbidden to disturb this arrangement or to molest you or any of your kingdom in the peaceful possession of the regalia.

On the other hand, we decree that the churches shall have absolute control of their free-will offerings and their private possessions, which is in keeping with the promise which you made in your coronation oath.

For it is necessary that the bishops be free from secular duties that they may give their time to the care of their flocks, and not be too long absent from their churches; as St. Paul says of the bishops: “They watch for your souls, as they that must give account” [Heb. 13:17].