Innocent accepted the guardianship of Frederic, and historians comment severely on his next step. In spite of all his fiery letters to the southern clergy and people—even to the Saracens[240]—inciting them to resist the Germans, Markwald made considerable progress. Then there came to Rome a certain French adventurer named Walter de Brienne, who had married a daughter of Tancred of Sicily. Tancred had, on resigning Sicily, retained Lecce and Tarentum, and Walter claimed these as his wife's inheritance. Whether or no Innocent had actually promoted the marriage and invited Walter to Italy[241] we cannot confidently say, but it was assuredly dangerous to let such a man get a footing in southern Italy; it was probable enough that he would eventually claim the whole kingdom taken from Tancred. However Innocent blessed and financed his enterprise, on the formal condition that he would respect the rights of Frederic, and soon had a French troop waging more effective war upon the Germans. The struggle ceased with the death of Markwald in 1202, and of Walter in 1205, and Innocent then pressed a design of marrying the young Frederic to Constanza of Aragon. For the time Frederic's rights were respected, but there can be no doubt that these early years spent amidst intrigue and treachery contributed to the development of his anti-clerical spirit.

There was, in fact, a good deal of anti-clericalism growing in Italy. The development of civic and communal life and the comparative enlightenment which was spreading turned many critical eyes on the Roman system. Heresy descended the Alps and found favour in the free cities; even, at times, in Papal cities. I have described how Viterbo was crushed by the Roman troops. Innocent intervened in its favour, after its defeat, and he was then outraged to learn that Viterbo was, like many other cities, appointing heretics (the Cathari) to high places. He spent the summer of 1207 in Viterbo, and enforced very stringent rules for the repression of heresy. These laws were extended to all the Papal dominions, but we shall see the Pope's attitude more clearly when we deal with the crusade against the Albigensians. Innocent was not less emphatic in denouncing the incessant wars of the rival cities, and his correspondence is largely occupied with his endeavours to secure their feudal allegiance to Rome.

A graver problem, in the solution of which his character is often obscured, was presented by the struggle of Ghibellines (or followers of Philip of Swabia) and Guelphs (supporters of Otto of Brunswick) for the imperial crown. Frederic, the son and heir of Henry, being still a boy of tender years, his uncle Duke Philip of Swabia desired to keep the crown securely in the Hohenstauffen family by wearing it himself. Otto of Brunswick also made a fantastic claim to it, got himself proclaimed Emperor at Cologne in 1198, and sought the support of the Pope. Innocent undoubtedly favoured from the start the baseless claim of Otto. The Papacy had come to regard the Hohenstauffens almost as hereditary foes, and Philip actually lay under sentence of excommunication for holding the territory bequeathed by Mathilda to the Papacy; while Otto flattered the Pope by professions of loyalty and docility. But Philip had the better prospect, if there was an appeal to the sword, and Innocent refused for some years to commit himself. He summoned Philip to surrender the Italian prisoners and the Papal provinces taken by Henry, and sent the Bishop of Sutri to absolve him if he complied. To his extreme annoyance the not very clear-headed Bishop gave Philip an unconditional absolution—for which Innocent promptly imprisoned the Bishop for life in a monastery—and thus surrendered the Pope's chance of profiting by the situation.

The rivals appealed to the sword, and Innocent bitterly complained that Philip did not ask his arbitration.[242] He alone, he declared to the princes and prelates of Germany, was the judge of such high causes: to which the princes and prelates replied, in very firm and dignified language, that they would have no Papal interference in the secular concerns of Germany.[243] As the war proceeded, Innocent made it clear that he favoured Otto. He warned the German prelates not to choose an Emperor on whom he could not bestow the crown, and in a letter to the Eastern Emperor he afterwards boasted that he alone kept Philip from the throne. But the war went in favour of Philip, and even when, in 1200, both men sent representatives to Rome, Innocent would not commit himself to more than an eloquent proof that priests were exalted above kings.[244] At the beginning of the following year, however, he declared openly for Otto. He sent Cardinal Pierleone to Germany with the Bull Interest Apostolicæ Sedis, in which he drew up a violent and unjust indictment of Philip and awarded the crown to the loyal and virtuous Otto. The Bull is painfully casuistic, and would have been better if it had stopped at the bold declaration that the Papacy had created the Empire and could bestow it according to its pleasure. While, for instance, it charges Philip with treachery to the interests of his young nephew, it exonerates all others from the oath of fidelity to Henry's son on the ground that an oath to an unbaptized infant was invalid.[245] The imperial crown was, in plain terms, allotted in the interests of the Church, in defiance of the wishes of the majority of the German nation. Otto hastened to swear that he would defend the Papal possessions (including Sicily), and was proclaimed by a Papal Legate in Cologne cathedral on July 3, 1201.

Innocent now sent out a flood of letters on behalf of his candidate, but the result was irritating. Philip of France roughly refused to recognize Otto; and a letter signed by two German archbishops, ten bishops, and other clerics and nobles, sternly rebuked the Pope for his "audacity" in meddling with things which did not concern him.[246] Innocent's Legates vainly scattered threats of excommunication in Germany. Hardly a single prelate recognized Otto, and, after seven years of the most brutal civil warfare, he was driven out of the country. We are not impressed by the Pope's feverish protests that he was not responsible for this desolation. In 1208, however, Philip, who had been reconciled with Rome in the previous year, was assassinated, and Otto, with Innocent's approval, mounted the throne. To the intense indignation of the Pope, the new Emperor at once cast his oaths of fidelity to the wind and told Innocent to confine himself to spiritual matters. He annexed Tuscany and Spoleto, in spite of all the Pope's entreaties and threats, and was about to march against Naples and Apulia when Innocent launched against him a sentence of excommunication and deposition. Otto was, for the time, an excellent ruler: he had been educated in the English ideas of government. But he had refused to be subservient to the clergy, and the German prelates now summoned Frederic from Sicily. Innocent approved the election of Frederic as easily as he had approved that of Philip and of Otto, but he did not live to see how that Emperor in turn defied the Papacy and scorned its political pretensions.[247]

Next in interest and importance were Innocent's relations with England. With Richard the Lion-Heart the Pope maintained a friendly correspondence, nor did he annoy the English prelates by any inconvenient censure of the condition of the English Church. In 1199 John Lackland succeeded his brother, and Innocent was even more indulgent to that barbarous and unscrupulous monarch. Into the death of Prince Arthur he made no indiscreet inquiry; he confirmed the dissolution of John's marriage, and, for his shameful theft of the love of the betrothed of the Count de la Marche, imposed on him only the light and useful penance of a general confession and the equipment of a hundred knights for Palestinian service. During the war which followed he made earnest efforts to mediate, though even these were at times marred by his temporizing policy and his determination not to alienate the kings. When the bishops of Normandy, after the capture of that province by Philip, asked him how they were to adjust their allegiance, he weakly replied that Philip seemed to rely on some claim which he could not understand and they must judge for themselves.[248] At length a famous quarrel about the archbishopric of Canterbury drew him into a stern and triumphant conflict with John.

The Archbishop, a worldly-minded courtier of the familiar type, died in 1205, and the Canterbury monks, who claimed the right of nomination, met hastily, by night, without awaiting the royal license to proceed to an election, and nominated their sub-prior Reginald. They sent Reginald at once to Rome, enjoining on him the strictest secrecy until he was consecrated, but the monk made a parade of his high condition as soon as he reached the continent and there was great indignation in England. The Chapter, which disputed the arrogant claim of the monks, elected the Bishop of Norwich, and many of the monks, alarmed at their action or disgusted with their sub-prior, joined in the election. Sixteen monks accompanied the second deputation to Rome, and they supported the declaration of the Court and the Church that Reginald's election was invalid. As, however, the Bishop of Norwich was one of the indulgent prelates, Innocent casuistically annulled both elections and imposed Stephen Langton on the English. John furiously protested that the Pope had insulted his state and threatened to withdraw the English Church from his jurisdiction; shrewdly reminding the Pope that he received more money from England than from any other country.

John seems to have misunderstood the earlier complaisance of the Pope. Innocent was not the man to yield to a threat of financial loss, and he at once consecrated Langton and laid England under an interdict. For some years the affrighted people saw the doors of their churches closed against them and imagined the jaws of a mediæval hell gaping wide for their souls. There was no Christian marriage for their sons and daughters, no Christian burial for their aged; and only to dying persons could the consoling sacrament be administered. In his fury John drove priests and prelates out of his kingdom, but his cruel and extortionate government had lost him the compensating strength of the affection of his people. In 1211 he was forced to seek terms, and a Papal Legate reached England. Between the arrogance of Legate Pandolpho and the passion of the King the negotiation failed, and John was deposed by the Pope. England, Rome repeated, had been a fief of the Apostolic See since William the Conqueror; it was now open to any Christian monarch to invade and possess it. This was a direct invitation to Philip of France to renew those horrors of warfare which Innocent had so eloquently denounced,[249] and, to the intense mortification of the French King, John abjectly submitted (1213). He even handed to the proud Legate a solemn declaration that England and Ireland were fiefs of the Apostolic See, and that he would pay a thousand marks a year for vassalage. The clergy were recalled and compensated, the interdict was raised, and Legate Pandolpho stalked the land with the insufferable air of a conqueror.

If, however, this conflict gives an honourable prominence to the sterner qualities of Innocent, its sequel no less illustrates the weakness which seemed inseparable from the Papal policy, even when it was embodied in a lofty character. Pandolpho behaved so wantonly in resettling the clergy that he presently fell foul of the high-minded Langton: John behaved with a ferocity which drove nobles and commoners to the step of rebellion. Yet Innocent maintained his mischievous Legate against Langton, and laid a Papal malediction on the just aspirations of the people. He rebuked the barons for their "nefarious presumption" in taking arms against a vassal of the Roman See; he denounced Magna Charta as a devil-inspired document, and forbade "his vassal" to accede to its unjust demands. He excommunicated the barons when they refused to lay down their arms, and suspended Langton when that prelate refused, on the ground that it was dictated by false representations, to promulgate his sentence. When the barons offered the crown to Louis, son of Philip of France, he issued an anathema against Louis; and in 1216 he issued a sentence of excommunication against Philip himself for encouraging his son. He died before his sombre use of his spiritual weapons, in a carnal cause, was completed. He had, within ten years, raised Papal power in England to its supreme height and then dealt it a blow from which it would never recover. It is futile to plead that he was ill informed on the situation. He knew John, and he knew Langton; he ought to have known Pandolpho. In point of fact, there is no reason to think that he was radically misinformed. His whole action is plainly inspired by the interest, as he conceived it, of the Papacy.[250]

I must dismiss very briefly his relations with other Christian countries. Philip of France had, like John of England, discarded his wife and married a woman he loved. But the Papal microscope refused, in his case, to discover the remote affinity which, Philip said, made his first marriage void, and an interdict was laid on his kingdom. The terrified priests and people tore Philip from the arms of Agnes de Meran, the mother of three of his children, and forced him to submit. Only under the later pressure of his conflicts with Otto and John did Innocent discover that there was sufficient prima facie evidence to spend several years in negotiation about a divorce, and, by an extraordinary use of his high powers, he declared the children of Agnes legitimate.