1. Concerning appeals to the pope. In Apulia and its dependencies and in Calabria, appeals in ecclesiastical matters which cannot be settled by the regular ecclesiastics of those lands may be made freely to Rome. If it seems advantageous or necessary to transfer priests from one church to another, this may be done with the consent of the pope. The Roman church shall have the right to consecrate and to make visitations throughout our whole realm. The Roman church shall have the right to hold councils in any of the cities of Apulia or its dependencies or Calabria, except that a council may not be held in any city in which the king is staying, without his consent. The Roman church shall have the right to send its legates into Apulia and its dependencies and into Calabria, but those legates shall not waste the possessions of the churches to which they are sent. The Roman church shall have the same right of consecration and visitation in the island of Sicily.... The Roman church shall have in Sicily all the rights which it has in other parts of our kingdom, except the right of hearing appeals and sending legates, which shall be exercised only at the request of the king.
  2. Concerning those churches and monasteries which have been in dispute between us. You and your successors shall have in them the rights which you exercise in other churches of our lands, which are accustomed to receive their consecration and benediction from the Roman church, and these churches shall pay the legal taxes to the Roman see.
  3. Concerning elections. The clergy shall elect a suitable person, keeping his name secret until they have notified you. The name shall then be reported to us, and we will give our consent to the election, unless the person is one of our enemies or a traitor, or for some other good reason is displeasing to us.
  4. You shall confer upon us and upon our son Roger, and our heirs, the kingdom of Sicily, the duchy of Apulia, and the principality of Capua, with all the lands which belong to them as follows: Naples, Salerno, and Amalfi, with their dependencies; Marsia and all that we hold beyond Marsia; and all the other possessions which we now hold, or which have been held by our predecessors. You promise, moreover, to aid us in good faith to hold them against all men.
  5. In consideration of these concessions, we have taken the oath of fidelity to you and to your successors and to the Roman church, and the oath of liege homage to you. Two copies of this oath have been made, one of which has been signed and sealed by us and given into your keeping, and the other sealed by you and given to us. We agree also to pay an annual tribute of 600 "schifates" for Apulia and Calabria, and 500 from Marsia.... You agree to grant all these things also to our heirs and successors, on condition that they do homage to you and your successors, and keep the promises which we have made to you....

100–102. The Besançon Episode, 1157.

100. Letter of Adrian IV To Frederick, September 20, 1157.

Ragewin, Gesta Friderici, III, ch. 9; M. G. SS. folio, XX; Doeberl, IV, no. 35a.

Frederick I had been deeply offended by the treaty which Adrian IV made with William of Sicily ([no. 99]), because it had been made without his consent, and without in any way considering the claims which the emperor laid to Sicily. In making the treaty of Constance ([no. 97]) Frederick had undoubtedly been outwitted by the papal diplomacy. He had been led to promise not to make peace with the Normans without the consent of the pope. He apparently took it for granted that the pope was bound in the same way not to make peace with the Normans without the imperial consent, although it was not stipulated in the agreement. While Frederick had promised certain definite things, the pope’s promise was couched in general terms. He had promised to "aid the king in maintaining and increasing the honor of his realm as his office demands. If anyone attacks the honor or the authority of the king, the pope will warn him to make satisfaction," etc. The pope denied that William of Sicily was "attacking the honor or authority of the king" because the lands which William held did not belong to Frederick; they were the property of the pope himself, and therefore he might make terms with William without consulting Frederick. Frederick complained that the pope had acted in bad faith in making peace with William, and that he had broken the treaty of Constance. The pope, however, maintained that he had in no way infringed the treaty, and that Frederick had no grounds for complaint. This is the general background for the Besançon episode, the chief features of which will be clear from the following documents.

Adrian, bishop, servant of the servants of God, to his beloved son Frederick, illustrious emperor of the Romans, greeting and apostolic benediction. We wrote to you a few days ago recalling to your mind that execrable crime which was recently committed in Germany and expressing our grief that you had allowed it to go unpunished. For our venerable brother, Eskil, archbishop of Lund, on his return from the apostolic seat, was seized and made captive in your land by certain impious and wicked persons, who even threatened him and his companions with drawn swords and subjected them to dishonor and indignity.

Not only are these facts well known to you, but the report of them has spread to the most distant regions. It was your duty to avenge this wicked deed and to draw against its perpetrators the sword intrusted to you by God for the punishing of evil-doers and the protection of good men. But it is reported that you have palliated this offence and allowed it to go unpunished, so that those who committed the sacrilege are unrepentant and believe that they have done this with impunity. We are entirely at a loss to understand this negligence of yours, for our conscience does not accuse us of having offended you in any way. Indeed we have always regarded you as our most beloved son and as a Christian prince established by the grace of God upon the rock of the apostolic confession. We have loved you with sincere affection and have always treated you with the greatest kindness. You should remember, most glorious son, how graciously your mother, the holy Roman church, received you last year, how kindly she treated you, and how gladly she conferred upon you the imperial crown, the highest mark of dignity and honor; how she has always fostered you on her kindly bosom, and has always striven to do only what would be pleasing and advantageous to you. We do not regret having granted the desires of your heart; nay, we would be glad to confer even greater benefits (beneficia) upon you, if that were possible, because of the advantage and profit that you would be able to confer upon the church of God and upon us. But the fact that you have allowed this terrible deed, which is an offence against the church and the empire, to go unpunished has made us fear that you have been led by evil counsellors to imagine that you have some grievance against your mother, the holy Roman church, and against us. In regard to this matter and other important affairs, we have sent you these legates, two of the best and dearest of those about us, namely, our beloved sons, Bernard, cardinal priest of Santa Clara, and Roland, chancellor and cardinal priest of San Marco, men conspicuous for their piety, wisdom, and honesty. We beseech you to receive them honorably and kindly, to treat them justly, and to give full credence to the proposals which they make, as if we were speaking in person.

101. Manifesto of the Emperor, October, 1157.

Ragewin, Gesta Friderici, III, ch. 11; M. G. SS. folio, xx; Doeberl, IV, no. 35 b.

God, from whom proceeds all authority in heaven and in earth, has intrusted the kingdom and the empire to us, his anointed, and has ordained that the peace of the church be preserved by the imperial arms. Therefore it is with great sorrow that we are forced to complain to you of the head of the church which Christ intended should reflect his character of charity and love of peace. For the actions of the pope threaten to produce such evils and dissensions as will corrupt the whole church and destroy its unity, and bring about strife between the empire and the papacy, unless God should intervene. These are the circumstances: We held a diet at Besançon for the purpose of considering certain matters which concerned the honor of the empire and the security of the church. At that diet legates of the pope arrived, saying that they came on a mission that would redound greatly to the honor and advantage of the empire. We gave them an honorable reception on the first day of their arrival, and on the second day, as is the custom, we called together all the princes to listen to their message.... Then they delivered their message in the form of a letter from the pope, of which the general tenor was as follows: the pope had conferred the imperial crown upon us and was willing to grant us even greater fiefs (beneficia). This was the message of fraternal love which was to further the union of the church and the empire, and bind them together in the bonds of peace, and to inspire the hearts of its hearers with love and fidelity for both rulers! Not only were we, as emperor, incensed by this false and lying statement, but all the princes who were present were so enraged that they would undoubtedly have condemned the two priests to death off-hand had they not been restrained by our presence. Moreover, we found in their possession many copies of that letter, and blank forms sealed by the pope to be filled out at their discretion, with which they were intending to spread this venom throughout the churches of Germany, as is their custom from of old, and to denude the altars, rob the houses of God, and despoil the crosses. Therefore, in order to prevent their further progress, we compelled them to return to Rome by the way they had come. We hold this kingdom and empire through the election of the princes from God alone, who by the passion of his Son placed this world under the rule of two swords; moreover, the apostle Peter says: "Fear God, honor the king" [1 Pet. 2:17]. Therefore, whoever says that we hold the imperial crown as a benefice from the pope resists the divine institution, contradicts the teaching of Peter, and is a liar....