Manuscript: Faustina B. IX

Lumbardie partibus ac quibusdam aliis optinebat, locis paucis exceptis occupare non metuens
⁊ eas adhuc detinet occupatas. ⁊ tanquam ei non sufficeret quod manifeste contra iuramenta talia
veniebat per se uel per suos officiales, earum1 possessionum homines deierare compulit ipsos a iuramentis
fidelitatis quibus Romane tenebantur ecclesie de facto cum de iure non posset, absoluens ⁊ faciens
eosdem, fidelitatem nihilominus abiurare predictam, sibique fidelitatis huiusmodi iuramenta prestare.
Pacis uero ipsum uiolatorem existere plene constat quia cum olim inter tempore pacis inter ipsum ⁊ ecclesiam refor
mate iurasset coram bone memorie I’ de Abbatis uilla episcopo Sabinensi, ⁊ magistro Thomasio
tituli Sancte Sabine presbitero cardinali, presentibus multis prelatis principibus ⁊ baronibus quod
staret ⁊ pareret prescise, absque ulla contraditione2 \conditione/ omnibus mandatis ecclesie super his pro quibus erat
uinculo excommunicacionis astrictus, causis eiusdem excommunicacionis expressis per ordinem coram eo tunc omnibus
Teutonie hominibus regni Scicilie ac quibuslibet aliis, qui ecclesie contra ipsum adheserant omnem remi
ttens offensam ⁊ penam ⁊ quod nullo tempore offenderet uel offendi faceret ipsos pro eo quod ecclesie
assisterant prestari in anima sua per N’ comitem Atterarum faciens iuramentum. Postremum3 \Postmodum/ pacem ⁊ iura
menta huius, nequaquam erubescens irretiri periuriis non seruauit, nonnullos enim ex ipsis hominibus
tam nobiles quam alios capi fecit ⁊ eis bonis suis omnibus spoliatis uxores eorum ⁊ filios cap
tiuari, ac terras ecclesie contra promissionem quam eisdem I’ Sabinensi episcopo, ⁊ Thomasio, cardinali fecerat
irreuerenter inuasit. Licet tamen ipsi ex tunc in eum presentem si contraueniret excommunicacionis sentenciam promul
garint, ⁊ cum idem sibi apostolica auctoritate mandassent, ut nec per se nec per alium inpediret, quin postu
laciones, electiones, ⁊ confirmaciones ecclesiarum ⁊ monasteriorum in regno prefato libere de cetero fierent
secundum statuta concilii generalis, ⁊ quod nullus, deinceps in eodem regno uiris ecclesiasticis4 ciuiliter haberetur
ac Templariis, Hospitalariis ⁊ aliis personis ecclesiasticis de dampnis ⁊ iniuriis irrogatis
eisdem satisfaceret competenter, ipse mandatum huius ad inplere contempsit. Liquet namque undecim
ac plures archiepiscopales ⁊ multas episcopales sedes, abbacias quoque ac alias ecclesias in regno ua
care predicto easque5 procurante ipso sicut aperte patet fuisse diucius prelatorum regimine destitutas
in ipsorum graue preiudicium ⁊ periculum animarum, ⁊ licet forte in aliquibus eiusdem regni ecclesiis
electiones sunt a capitulis celebrate, quia tamen per illa eiusdem familiares clerici sunt electi, probabili potest
argumento concludi quod facultatem non habuerint liberam eligendi. Ecclesiarum autem ipsius regni
non solum facultates ⁊ bona fecit prout uoluit occupari sed etiam cruces, calices, turibula ⁊
alios sacros ecclesiarum thesauros, ⁊ pannos sericos uelut cultus diuini contemptor auferri.
Licet ut dicitur ipsis ecclesiis exacto tameno pro eis certo precio in parte fuerint restituti. Clerici
quippe \quoque/ collectis ⁊ talliis multipliciter affliguntur nec solum trahuntur ad iudicium seculare sed
ut asseritur coguntur subire duella, incarcerantur occiduntur, ⁊ patibulis cruciantur in confusi
onem ⁊ oprobrium ordinis clericalis. Prefatis uero Templariis Hospitelariis ⁊ personis
ecclesiasticis non est de dampnis illatis eisdem ⁊ iniuriis satisfactum. Eum quoque certum est fore sacri
legii patratorem. Nam cum prefati, Portuensis, ⁊ Prenestinus episcopi, ⁊ quam plures ecclesiarum
prelati ⁊ clerici tam religiosi quam seculares ad apostolicam sedem pro celebrando consilio quod
ipse prius petiuerat conuocari, per mare uenirent viis terre ipsis de mandato eius omnino

Notes

1 JRD: Corrected from eorum.
2 JRD: Read conditione.
3 JRD: Read Postmodum.
4 JRD: There were carets for insertion of missing text but no text noted.
5 JRD: Corrected from eosque.
Lombardy and certain other areas which, with the exception of a few places, he continues to occupy to this day. And as though it were not sufficient for him that he was manifestly breaking their oath in such a way, he himself, or his officials, compelled the men in these territories to swear an oath, absolving them de facto from the oaths of fealty by which they were held to the Roman Church, since it was not possible de jure, making them nevertheless renounce the aforesaid fealty, and to take an oath of fealty of the same kind to himself. It is fully established that he has become a violator of the peace, because once, at the time between when peace was re-established between him and the Church, he had sworn an oath in the sight of J[ohn] d’Abbeville, bishop of Sabina, and Master Thomasius, cardinal-priest of the title of Santa Sabina, in the presence of many prelates, princes and barons. He had sworn that he would exactly and unconditionally \unconditionally/ abide by and obey all the mandates of the Church in the matters for which he was bound by the chain of excommunication—the reasons for his excommunication being set out in sequence before him—then remitting every sanction and penalty to all the other men of Germany, of the kingdom of Sicily, and whomsover else had held to the Church against him; and that he would at no time wrong or cause them to be wronged because they had assisted the Church. This oath he caused to be sworn on his own soul through N., the count of Acerra.1 Afterwards, \Afterwards/ by no means ashamed to embarrass himself in perjury, he did not keep the peace or his oath in this matter, for he had some of those very men seized, both noble and others; and when he had stripped them of all their goods, he had their wives and children incarcerated; and he shamelessly occupied the Church’s lands contrary to the promise which he had made to the same men, J[ohn] the bishop of Sabina, and Cardinal Thomasius, even though they pronounced sentence of excommunication in his presence should he henceforth violate his promise. And when they commanded by their apostolic authority that he should not, either himself or through others, hinder nominations, elections or confirmations of churches and monasteries from freely being conducted in the kingdom in the future, according to the statutes of the general council, and that henceforth nobody in the same kingdom should treat a cleric as a layman, and that he should make adequate compensation to the Templars, Hospitallers and other ecclesiastical persons for the damages and injuries inflicted upon them; he scorned the execution of this order. It is also evident that there are eleven or more archiepiscopal sees, and many episcopal sees, as well as abbacies and other churches vacant in the aforesaid kingdom, and that because of his actions—this is clearly evident—they have for a long time been without the rule of prelates, to the serious disadvantage and harm of the churches themselves, as well as to the peril of souls. And although perhaps in some churches of that kingdom elections are conducted by the chapters, because clergy who are his friends have been elected by them, it can probably be concluded that they nevertheless do not have the means of conducting a free election. He has not only caused the resources and goods of the churches of this kingdom to be seized at his pleasure, but has also carried off the crosses, chalices, thuribles, and other sacred treasures and silk vestments, as though he despised divine worship; although, as it is said, these things have been in part restored to these churches, after the exaction however of a certain amount of money. The clergy are \also/ variously distressed by the collecting of taxes and tolls; and not only are they dragged before the secular tribunal, but they are even, as it is reported, forced to undergo judicial combat; they are imprisoned, put to death, and tortured on gibbets, to the shame and disgrace of the whole clerical order. Concerning the damages and injuries brought upon the same aforementioned Templars, Hospitallars, and ecclesiastical persons, there has been no reparation. That he is a perpetrator of sacrilege is also certain; for, when the aforementioned bishops of Porto and Palestrina, and many more prelates and clergy of the churches, religious as well as secular, were travelling by sea to the Apostolic See, as he had blocked all land routes, for the celebration of a council that he himself had previously asked to be convoked,

Notes

1 JRD: In fact Thommaso d’Aquino, count of Acerra (b. 1190, count 1220–1251); see Michele Maccarrone, Studi su Innocenzo III (Padua, 1972), pp. 167–70, and pp. 171–219.