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[802 A.D.] And let no one enroll his daughter [or] another man's in a congregation of nuns without the knowledge and advice of the bishop in whose diocese the place belongs; and let the bishop carefully inquire in what wise she desires to remain in God's holy service and strengthen there her steadfastness and her Vows. The servants of other men or such women as are not willing to live after the manner and walk of the holy congregation, let all these be completely driven out from the congregation.

19. That no bishops, abbots, priests, nor any deacon of all the clergy make bold to have hounds for hunting, or hawks, whether falcons or sparrow-hawks; but that each and every one keep himself utterly in his place in accord with canon or rule. He, however, that shall thus make bold, let each and every one know that he shall lose his standing. In truth, moreover, let him suffer such punishment that others be afraid to take unto themselves such things.

20. That the abbesses together with their nuns shall eagerly and with one spirit keep themselves within their cloisters and on no account make bold to go abroad. But that abbesses, when they purpose to send forth any of the nuns, by no means do this without the permission and advice of their bishop. Likewise also when they ought to ordain any in the monastery or receive any within the monastery, even this let them beforehand thoroughly discuss with their bishops; and what is decided to be for the greatest health and good the bishops shall carry word of to the archbishop, and upon his advice those things that are to be done shall be carried out.

21. That priests and all such other canonical clergy as they have for assistants in their service show themselves ever subject to their bishops as the canonical commandment bids them; of these bishops they shall be fully willing to learn in holy training, even as they desire by our favour to have their own preferment.

22. That canon priests, moreover, keep wholly to the life ordered by canon, and that in the palace of the bishop or in monasteries they ought to be trained with all care according to the training of the canons. That they shall not at all be allowed to wander abroad, but shall live under all guard; that they be not given up to base gain, not fornicators, not thieves, not murderers, not ravishers, not quarrelsome, not quick to anger, not puffed up, not drunken; but pure of body and of heart, lowly, humble, moderate, merciful, peaceful, that they may be worthy sons of God to be preferred in holy orders; not like the Sarabaites in towns and villages near the church or bordering upon it, with neither master nor discipline, revelling, fornicating, or doing all other iniquity, to permit which is impossible.

23. Priests shall anxiously supervise clerks whom they have with them, that they live according to canon and be not wonted to silly sport, worldly feasts, singing, or revelry, but live purely and wholesomely.

24. Any priest or deacon who hereafter shall make bold to have women with him in his house without the consent of the canons shall be deprived of his rank and his heritage even until he shall be brought into our presence.

25. Let counts and judges insist upon the doing of all justice, and they shall have such younger men in their service as they can securely trust to keep faithfully law and justice, never to oppress the poor; and let them not, through any flattery or bribe nor under any pretence, dare conceal thieves, robbers and murderers, adulterers, evil-doers, enchanters or witches, or any sacrilegious men, but rather surrender them, that they be bettered and punished according to law, so that by God's bounty all these evils be far removed from a Christian folk.

26. That judges judge justly in accord with written law, not their own whim.

27. And we command that in all our realm neither to rich nor to poor nor

[802 A.D.]

to pilgrims shall any one dare deny hospitality, namely, to pilgrims walking through the land for God's sake, or to any one whatever travelling for the love of God and for the salvation of his own soul; to him let none deny roof and fire and water. Moreover, if one will to do them aught more of kindness, let him know that from God he shall have best requital, as he himself said, "Whoso shall receive a little one in my name, receiveth me," and in another place, "I was a stranger and ye took me in."

28. On embassies coming from the lord emperor. For the envoys (missi) sent forth, let counts and centenaries provide with all care, even as they desire favour from the lord emperor, that these without any delay may go upon their business; and he bids all by all means, inasmuch as they are bound to provide in this manner, that never any suffer delay, but with all haste that they speed them on their way and have their provision in such wise as our envoys dispose.

29. Let not our judges, counts, or envoys reckon the poor, however, to whom in his charity the lord emperor remitted what they were bound to pay in accord with his bann, as given up to them to wring from them anything upon their own part.

30. Of those whom the lord emperor wills through Christ's favour that they have peace and protection in his realm, namely, those who make haste to his presence, desirous to bring him news of anything, whether they be Christian or pagan, or if through poverty or hunger they be seeking aid, let no man dare constrain them for his own service or seize them for himself nor make way with them nor sell them; but where of their own accord they will to remain, under the guardianship of the emperor, there let them have help in his bounty. If any make bold to transgress this order, let them know that they shall atone for it with their lives for thus boldly treating the lord emperor and his commands.

31. And against them that make known the justice of the lord emperor, let not any make bold to contrive aught of harm or injury, nor to rouse against them any enmity. He however that so makes bold let him pay the emperor's fine, or, if he be prisoner for a greater penalty, it is ordered that he be brought to the emperor's presence.

32. Murders, whereby perisheth a multitude of Christian folk, by all that is holy we bid you quit and forbid, for the Lord God forbids hatred and enmity among his faithful, much more does he forbid murder. For in what wise can a man trust that God shall be reconciled to him if he have killed his son and nearest of kin? And how shall he think that Christ the Lord shall show him favour if he have slain his brother? It is a great danger and also one not to be lived under to arouse together with God the Father and Christ the Lord of Heaven the enmities of man; wherefrom for a little time one can escape by hiding, but still by some fate he falleth into the hands of his enemies. Where, however, shall he be able to escape Him to whom all hidden things are known? By what bold rashness doth any reckon to escape his anger? Wherefore that the people committed unto our rule perish not through this sin, we have taken care to avoid it by every possible rule, inasmuch as he shall not find us reconciled and showing favour, who has not feared God's wrath against him; but with strictest severity we will to punish him that has dared commit the sin of murder. Therefore lest sin still grow more and more, that there be not the greatest enmity among Christian men, where persuaded by the devil they do murder, straightway shall the guilty return to make amends, and with all speed let him make worthy agreement for the evil done to the nearest of kin of the dead man. And this we strictly command that the kin of the dead shall not dare increase still further the enmity because of the crime done, nor refuse to make peace when he ask it, but shall receive his given pledge and the fine

[802 A.D.] he hath prepared and make a lasting peace, and that the guilty man as well make no delay in paying the fine. When, however, it befall through result of sin that any one kill his brothers or his kin, straightway he shall yield himself to the penance prescribed for him, even thus as his bishop decide and without any hesitation; but with God's aid let him strive to accomplish his healing, and pay the fine for the murder after the law, and make full satisfaction to his kinsmen, and when pledges have been made let none thereafter rouse up any enmity. He however who deigns not to make worthy amends, let him be deprived of his heritage even until our judgment shall have been rendered.

33. The crime of incest we utterly forbid. If any one be defiled by sinful fornication, he shall surely not be let freewithout strictest severity, but in such wise shall be punished therefor, that all others be afraid to do the like, so that this uncleanness be utterly removed from Christian folk, and that the guilty purge himself thoroughly therefrom by penance as it is decided by his bishop. And let the woman be entrusted to the hands of her kin even until we have passed judgment. If, however, the man will not to agree to the judgment of the bishop for his betterment, then let him be brought into our presence, remembering the example made of the incest that Fricco wrought upon a nun of God.

34. Let all be thoroughly and well prepared, whensoever our order or bidding shall come. If any, however, shall say that he is then unready and shall neglect the command, he shall be brought to the palace, and not only he but all those who make bold to disobey our bann or bidding.

35. That all men at all times revere with all honour their bishops and priests in the service and will of God. Let them not dare to make themselves and others defiled with incestuous marriages; nor shall they make bold to contract an alliance until bishops and priests together with the elders of the people with all care inquire into the degree of blood-kinship between those that are contracting; and then with the blessing let them be joined together. Drunkenness they shall shun, greed flee, and no theft commit; strife and quarrels and cursing, whether in banquet or assembly, shall be utterly avoided, but with love and harmony they shall live.

36. Also let all by all means in every pursuit of justice be in full agreement with our envoys. And the habit of false swearing let them by no means allow, forasmuch as it is necessary to remove from out a Christian folk this most evil crime. If any hereafter shall be convicted of perjury, let him know that he shall lose his right hand; moreover, let his personal heritage be taken away until our judgment.

37. As to those that have killed father or brother, or slain an uncle of the father's or mother's family or any other of their kin, and who are not willing to agree and render obedience to the judgment of the bishops, the priests, and the other judges, then for the salvation of their souls and the doing of just judgment let our envoys and the counts restrain them in such custody that they be safe and defile not other folk even until they be brought into our presence; and of their property they shall have naught in the mean time.

38. Likewise let it be done for those that have been reproved and punished for unlawful and incestuous unions, and will not to better themselves nor to submit to their bishops or priests, but make bold to hold lightly our command.

39. In our forests let none dare steal our game, which we have many times forbidden to be done; and now again do we firmly decree under bann that none do it more; as each and every one desires to keep his fealty and promises towards us, even so let him keep watch on himself. Still if any count or centenary or lower officer of ours or one of our servants shall steal our game, by all

[802-1075 A.D.]
means let him be brought to our presence to give an account.

As for others

of the common people, whoever shall make this same theft of game, let him by all means pay what is just, and by no means whatsoever let any hereafter be mildly treated. Moreover, if this have been done with the knowledge of any in that fealty which they have promised to keep towards us and now must promise again, let them not conceal it.

40. Lastly, therefore, we wish our decrees to be known of all in our entire realm, through our envoys now sent forth, whether among men of the church, bishops, abbots, priests, deacons, canon priests, all monks or nuns, how each and every one in his service and calling may keep our ban or decree either where thereafter it be fit for their goodwill to pay their thanks to citizens or lend succour, or where there be aught that it be necessary to better. Likewise also laymen in all and every place, whether of protection of holy churches or our decree concerning widows, or orphans, or the weak, and robbery, and military matters, even in regard to all these details according to our command or our will that they be obedient, and moreover keep our ban in such wise as each and every one should strive to guard himself in God's holy service. And that all these good things be greatly to the praise of God Almighty, and that we may give thanks where it is right; but where we believe aught has gone unpunished, that we may so strive for the bettering of all with both zeal and eagerness, that with God's help we may bring this to betterment, both to our eternal gain and that of all our loyal followers. Likewise also of counts or centenaries, our servants, we wish that all the above-named matters between us be favourably known.

II

THE WAR OF THE INVESTITURES

[Nothing better exemplifies the power and position of the papacy in medieval Europe than its struggle with the German emperors over the question of investiture. A full discussion of this may be found in Volume VII, History of the Western Empire, Chapter IX, and in Volume VIII, History of the Papacy, Chapter III. The documents here presented are: (I) Gregory VII's letter of reproof to Henry IV for his obstinacy in refusing to cast off the five counsellors whom Gregory had placed under the ban for simony, and for his disregard of the papal admonition concerning lay investiture. (II) Henry's sharp reply to Gregory. (III) Gregory's first bull of excommunication and deposition against Henry IV. (IV) Gregory's communication to the princes of the empire, relating how Henry did penance at Canossa and how he had removed the ban of excommunication. (V) The Concordat of Worms, the compromise between the emperor, Henry V, and Pope Calixtus II, by which the long struggle over the investiture was at length ended.]

I. Gregory VII to Henry IV, December 26th, 1075

(From Migne, Patrologia, Series II., tom. cxlviii., pp. 439-442)

Gregory, Bishop, servant to God's servants, to King Henry greeting and apostolic benediction, if so be that he be obedient to the apostolic see, as befitteth a Christian king.

As we reckoned and weighed carefully with how stern judgment we shall have to render an accounting for our stewardship of the ministry entrusted to us by Saint Peter, first of the apostles, with doubting have we sent thee the apostolic benediction, inasmuch as thou art said knowingly to commune with them that are excommunicated by judgment of the apostolic see and decree

[1075 A.D.] of synod. The which, if it be true, thou knowest of thyself that thou canst receive the grace of neither divine nor apostolic benediction, unless thou separate from thee them that are excommunicate and drive them to repent, and with proper penitence and satisfaction for thy sin first gain absolution and indulgence. Whence we counsel thine excellency that, if thou dost feel thy guilt in this matter, thou go with speedy confession to take counsel of some canonical bishop, who with our permission shall enjoin upon thee fit penance for this thy sin and absolve thee, that he may endeavour to tell us truly by his letter the limit of thy penance with thine agreement thereto.

For the rest it seems unto us exceeding strange that thou dost send us so often such devout letters and dost show such lowliness of thine highness by the words of thine envoys; dost call thyself son of Holy Mother Church and of us, devoted in faith, single in affection, foremost in piety; and, finally, with all manner of suavity and veneration dost commend thyself; but in sooth, however, and in deeds showest thyself most perverse and goest counter to canonical and apostolic decrees in those matters where the bond of the church makes most demand. For to hold our peace of other matters, in the affair of Milan what thou hadst promised us through thy mother, through our fellow bishops, whom we sent to thee-how thou didst purpose, or with what heart thou didst promise, the outcome shows; and now indeed to shower blow upon blow, counter to decrees of the Apostolic See, thou hast given over the churches of Fermo and Spoleto-if indeed a church can be given over or granted by a man, and that to certain persons unknown to us; for they cannot so much as lay on hands by rule unless they have been approved and are well known.

It had befitted thy royal dignity, inasmuch as thou dost confess thyself a son of the church, to look with more reverence upon the church's master, namely, Saint Peter, foremost of the apostles, to whom, if thou art of the Lord's sheep, thou art given to be fed by the word and power of the Lord, for Christ saith unto him, "Peter, feed my sheep," and again, "To thee are given the keys of the kingdom of heaven, and whatsoever thou shalt bind upon earth, shall be bound in heaven; and whatsoever thou shalt loose upon earth, shall be loosed in heaven." In his see and apostolic rule, while we, sinners though we be and unworthy the grant of God, bear sway with his power, assuredly he has received whatever thou hast sent us whether in writing or in mere words; and while we read letter by letter or hear the speaker's words, he himself with his keen gaze sees from what heart this bidding came forth.

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Wherefore it should have been seen to by thine highness that there be not found any difference of feeling in thy words and embassies to the Holy See, and in those matters whereby Christian faith and the condition of the church most avail to eternal salvation thou shouldest not have refused worship due, not to us, but to God Almighty, although the Lord thought it good to say to the apostles and their successors, "He that heareth you, heareth me; and he that refuseth you, refuseth me. For we know that he who refuses not to give loyal obedience unto God, in all matters which we have spoken in agreement with the judgment of the holy fathers, does not refuse to keep our commandments as if he had had them from the mouth of the apostle himself. For if, because of veneration of the seat of Moses, the Lord bade the apostles to heed whatsoever the scribes and Pharisees spoke when they sat thereon, there can be no doubt that the teaching of the apostles and of the gospels, whose seat and foundation is Christ, for whom is all reverence from the faithful, is to be received through those who are chosen for the service of proclaiming it, and is to be kept. For when a synod gathered together this year at the apostolic see, over which synod a dispensation from on high willed that we preside, and at which some of thine own faithful followers were present, see

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