I, Henry, king, promise to satisfy the grievances which my archbishops, bishops, dukes, counts, and other princes of Germany or their followers may have against me, within the time set by pope Gregory and in accordance with his conditions. If I am prevented by any sufficient cause from doing this within that time, I will do it as soon after that as I may. Further, if pope Gregory shall desire to visit Germany or any other land, on his journey thither, his sojourn there, and his return thence, he shall not be molested or placed in danger of captivity by me or by anyone whom I can control. This shall apply to his escort and retinue and to all who come and go in his service. Moreover, I will never enter into any plan for hindering or molesting him, but will aid him in good faith and to the best of my ability if anyone else opposes him.
82. Countess Matilda Gives All her Lands to the Church, 1102.
M. G. LL. 4to, IV, 1, p. 654, no. 444.
The countess Matilda supported the papacy in its claims of temporal sovereignty, and, when she died, left it all her lands. The emperors did not recognize the validity of the legacy, and declared that she had no right to give away what belonged to the empire. The quarrel about these lands was often renewed.
In the name of the holy and undivided Trinity.... In the time of Gregory VII, in the Lateran palace, in the chapel of the holy cross, in the presence of [witnesses],... I, Matilda, by the grace of God countess, for the salvation of my soul and the souls of my parents, gave to the church of St. Peter and to Gregory VII all my possessions, present and future, by whatever title I may hold them. I gave all my lands in Italy and Germany, and I had a document drawn up to that effect. But now the document has disappeared, and I fear that my gift may be questioned. Therefore, I, countess Matilda, again give to the church of Rome, through Bernard, cardinal and legate of the same holy church of Rome, just as I did in the time of Gregory VII, all my possessions, present and future, in both Italy and Germany, by whatever right I hold them, for the salvation of my soul and the souls of my parents. All these possessions, which belong to me, with all that pertains to them, in all their entirety, I give to the said church of Rome, and by this deed of gift I confirm the church in the possession of them. As symbols and evidences that I have surrendered these lands I have given a knife, a knotted straw, a glove, a piece of sod, and a twig from a tree....
83. The First Privilege which Paschal II Granted to Henry V, February 12, 1111.
M. G. LL. folio, II, pp. 68 ff; Doeberl, III, no. 20 a.
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.