Manuscript: Faustina B. IX

[*]Theodori
sue iudices nuncios ⁊ procuratores suos, speciale super hoc ab ipso mandatum habentes prestiterit iuramentum.
Postmodum tamen quod iurauerat non implenit. Quinimmo ea intencione, ipsum prestitistisse1 probabiliter
creditur, sicut ex factis sequentibus colligitur euidenter, ut eidem ecclesie ⁊ nobis, illuderet potius quam pareret
cum anno ⁊ amplius iam elapso, nec ad ipsius ecclesie gremium reuocari potuerit, nec sibi de illatis
ei dampnis ⁊ inuriis, curauerit satisfacere. Licet super hoc re\x/stiterit requisitus propter quod
non ualentes absque graui Christi offensa eius inquitates amplius tollerare, cogimur urgente nos
consciencia iuste animaduertere in eundem. Et ut ad presens de ceteris eius sceleribus taceamus
quatuor grauissima que nulla possunt celari tergiuersacione, commisit. Deierauit enim multociens
pacem quondam inter ecclesiam ⁊ inperium reformatam temere uiolauit. Perpetrauit etiam sacrilegi
um, capi faciens cardinales sancte Romane ecclesie, ac aliarum prelatos ecclesiarum ⁊ clericos ⁊
seculares uenientes ad concilium quod idem predecessor noster duxerat conuocandum. De heresi quoque non
dubiis ⁊ leuibus sed difficilibus \efficacibus/ ⁊ euidentibus suspectus habetur, argumentis. Plura siquidem eum commississe
periuria satis patet. Nam olim cum in Scicilie partibus morabatur, priusquam esset ad imperii
dignitatem electus, coram bone memorie, G’ Sancti *Tehodori diacono cardinali apostolice
sedis legato felicis recordacionis Innocencio predecessori nostro ⁊ successoribus eius, ecclesie que
Romane, pro concessione regni Scicilie ab eadem ecclesia sibi facta fidelitatis prestitit iuramentum
⁊ sicut dicitur illud idem postquam ad eandem dignitatem electus extitit, venit ad urbem coram eodem
I’ suis que fratribus aliis que multis presentibus, ligium hominium in eius faciens manibus innouauit.
Deinde cum in Allemannia esset, eidem I’ ⁊ ipso defuncto bone memorie Honorio, pape, ⁊ eius
successoribus, ac ipsi ecclesie Romane, principibus imperii presentibus atque nobilibus iurauit, honores
iura, ⁊ possessiones Romane ecclesie pro posse suo seruare ac protegere, bona fide ⁊ quecumque
ad manus suas deuenirent sine difficultate restituere procuraret, nominatis dictis possessionibus
in huius iuramento, quod postmodum confirmauit, coronam imperii iam adeptus. Sed horum trium iura
mentorum temerarius extitit uiolator, nec sine prodicionis nota ⁊ lese crimine maiestatis. Nam
contra prefatum predecessorem nostrum G’ ⁊ fratres eius comminatorias litteras eisdem fratribus destinare
ac dictum G’ apud fratres suos sicut apparet per litteras ab eo tunc directas eisdem ⁊ etiam ut fertur per
uniuersum fere orbem terrarum multipliciter defamare presumsit. Venerabilem uero fratrem nostrum O’ Portu
ensem, tunc Sancti Nicolai in carcere Tulliano diaconum cardinalem, ⁊ bone memorie Prenestinum
episcopos apostolice sedis legatos, nobilia ⁊ magna ecclesie Romane membra personaliter capi fecit
⁊ bonis omnibus spoliatos ac per diuersa loca non semel ignominiose deductos carceribus mancipari.
Priuilegium insuper quod beato Petro ⁊ successoribus in ipso tradidit dominus Iesus Christus, videlice, Quodcumque
ligaueris super terram erit ligatum ⁊ in celo, ⁊ quodcumque solueris erit solutum. In quo utique auctor
itas ⁊ potestas, ecclesie Romane consistit, pro uiribus diminuere uel ipsi ecclesie auferre sategit. Scribens
se prefati G’ sententias non uereri, latam ab eo excommunicationem in ipsum non solum contemptis ecclesie clauibus
non seruando uerum etiam per se ac officiales suos, ⁊ illam ⁊ alias excommunicacionis2 uel interdicti sentencias
quas idem omnino contempsit cogendo alios non seruare. Possessiones quoque Romane ecclesie videlicet mar
chiam ducatum Boneuentum cuius turres ⁊ muros dirrui fecit ac alias quas in Tussie ac,

Notes

1 JRD: Read prestitisse.
2 JRD: Read: excommunicaciones.
[*]Theodore
who were judges of his own court and his envoys and proxies, and who had a special mandate from him in this matter, swearing that he would abide by our commandments and those of the Church. Afterwards, however, he did not fulfil what he had sworn to do. Indeed, as it can clearly be gathered from his subsequent actions, we may reasonably believe that he took the oath with the intention of mocking both us and the Church, rather than obey, since after more than a year he could not be brought back to the bosom of the Church, neither did he care to receive reparation for the losses and injuries inflicted on him. Although he has been asked to appear on this matter, because we are not able to bear his iniquities any longer without grave offence to Christ, we are compelled and urged by our conscience to punish him according to the law. To say nothing at present about his other crimes, he has committed four of the most serious which cannot be hidden by subterfuge. For as often as he has sworn oaths, he has casually violated the peace previously restored between the Church and the Empire. He has perpetrated sacrilege, causing the imprisonment of cardinals of the holy Roman Church, and of prelates and clerics of other churches, both religious and secular, who were on their way to the council that our predecessor had decided to summon. He is also held suspect of heresy, on grounds which are not doubtful or trivial, but difficult \effective/ and inescapable. It is indeed clear enough that he has been guilty of perjury many times. For when he was formerly residing in Sicily, before he had been elected to the dignity of emperor, in the presence of G[regory] of happy memory, cardinal deacon of St * Theodore1 and legate of the Apostolic See, he took an oath of loyalty to our predecessor Pope Innocent2 of blessed remembrance and his successors and the Roman Church, in return for the grant of the kingdom of Sicily made to him by this same Church. And, as it is said, after he had been elected to that same dignity, he came to the City,3 and in the sight of I[nnocen t] and his brethren, and in the presence of many others, he renewed that oath, doing liege homage in the pope’s hands. Then, when he was in Germany, he swore to the same I[nnocent], and after his death to Pope Honorius4 of happy memory and his successors, and to the Roman Church itself, in the presence of the princes and nobles of the Empire, to preserve, as far as he was able, the honours, rights and possessions of the Roman Church, and to protect them in good faith, and to see to the restoration without trouble of whatever came into his hands, enumerating the said possessions in the oath. He later confirmed this, after he had acquired the imperial crown. But he has become an audacious violator of these three oaths, and not without the stigma of treachery and the charge of lese-majesty.5 For in opposition to our predecessor G[regory] and his brethren, he dared to address threatening letters to these same cardinals, and in many ways to defame G[regory] in front of his brethren, as is apparent from the letters which he sent to them at that time, and even as it is reported, almost throughout the whole world. He also personally caused our venerable brother O[tto],6 bishop of Porto, at that time cardinal deacon of San Nicola in Carcere Tulliano, and the bishop of Palestrina of happy memory,7 legates of the Apostolic See, noble and important members of the Roman Church, to be arrested. He also had them stripped of all their goods, and after being led ignominiously more than once through various places, he had them committed to prison. He did his best, moreover, to diminish or take away from that same Church the privilege which our lord Jesus Christ handed down to blessed Peter and his successors, upon which the authority and power of the Roman Church surely stands, namely, ‘Whatsoever thou shalt bind upon earth, it shall be bound also in heaven: and whatsoever thou shalt loose, it shall be loosed’,8 writing that he did not fear the sentences of the aforementioned G[regory], and despising the keys of the Church, not only not observing the excommunication laid upon him by him [Gregory], but also compelling others himself, or through his officials, not to observe either that or other excommunications and sentences of interdict, which he entirely held in contempt. He also does not fear to occupy the possessions of the Roman Church, namely the March, the Duchy, and Benevento, whose towers and walls he caused to be destroyed, as well as other possessions which he was acquiring in the lands of Tuscany and

Notes

1 JRD: Gregory of Crescentio, cardinal 1205–1226.
2 JRD: Pope Innocent III (1198–1216).
3 JRD: I.e., Rome.
4 JRD: Honorius III (1216–1227).
5 JRD: I.e., treason.
6 JRD: Otto of Montferrat, cardinal 1227–1251.
7 JRD: James of Pecoraria, cardinal 1231–1244.
8 JRD: Mt 16:19.