Documents Relating to the War of the Investitures
Negotiations between Paschal II and Henry V; 1111
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(a.) Paschal's Privilege of the first Convention, Feb. 12th, 1111.

Bishop Paschal, servant of the servants of God. To his beloved son Henry and his successors, forever. It is both decreed against by the institutions of the divine law, and interdicted by the sacred canons, that priests should busy themselves with secular cases, or should go to the public court except to rescue the condemned, or for the sake of others who suffer injury. Wherefore also the apostle Paul says: " If ye have secular judgments constitute as judges those who are of low degree in the church." Moreover in portions of your kingdom bishops and abbots are so occupied by secular cares that they are compelled assiduously to frequent the court, and to perform military service Which things, indeed, are scarcely if at all carried on with out plunder, sacrilege, arson. For ministers of the altar are made ministers of the king's court; inasmuch as they receive cities, duchies, margravates, monies and other things which belong to the service of the king. Whence also the custom has grown up-intolerably for the church -that elected bishops should by no means receive consecration unless they had first been invested through the hand of the king. From which cause both the wickedness of simoniacal heresy and, at times, so great an ambition has prevailed that the episcopal sees were invaded without any previous election. At times, even, they have been invested while the bishops were alive. Aroused by these and very many other evils which had happened for the most part through investitures, our predecessors the pontiffs Gregory VII. and Urban II. of blessed memory, frequently calling together episcopal councils did condemn those investitures of the lay hand, and did decree that those who should have obtained churches through them should be deposed, and the donors also be deprived of communion-according to that chapter of the apostolic canons which runs thus: " If any bishop, employing the powers of the world, do through them obtain a church: he shall be deposed and isolated, as well as all who communicate with him." Following in the traces of which (canons), we also, in an episcopal council, have confirmed their sentence. And so, most beloved son, king Henry,-now through our office, by the grace of God, emperor of the Romans,-we decree that those royal appurtenances are to be given back to thee and to thy kingdom which manifestly belonged to that kingdom in the time of Charles, fouls, and of thy other predecessors. We forbid, and under sentence of anathema prohibit, that any bishop or abbot, present or future, invade these same royal appurtenances. In which are included the cities, duchies, margravates, counties, monies, toll, market, advowsons of the kingdom, rights of the judges of the hundred courts, and the courts which manifestly belonged to the king together with what pertained to them, the military posts and camps of the kingdom. Nor shall they henceforth, unless by favour of the king, concern themselves with those royal appurtenances. But neither shall it be allowed our successors, who shall follow us in the apostolic chair, to disturb thee or thy kingdom in this matter. Furthermore, we decree that the churches, with the offerings and hereditary possessions which manifestly did not belong to the kingdom, shall remain free; as, on the day of thy coronation, in the sight of the whole church, thou didst promise that they should be. For it is fitting that the bishops, freed from secular cares, should take care of their people, and not any longer be absent from their churches. For, according to the apostle Paul, let them watch, being about to render account, as it were, for the souls of these (their people).

(b.) Paschal's Privilege of the second Convention, April 12th, 1111.

Bishop Paschal, servant of the servants of God, to his most beloved son in Christ, Henry, glorious king of the Germans, and, through the grace of Almighty God, august emperor of the Romans, greeting and apostolic benediction. The divine disposition has appointed that your kingdom should be singularly united with the holy Roman church. Your predecessors by reason of uprightness and greater virtue have obtained the crown of the city of Rome and the empire. To which dignity, viz.: that of the crown and the empire, the divine majesty has, most beloved son Henry, through the ministry of our priestship, brought thy person also. That prerogative, therefore, of dignity which our predecessors did grant to thy predecessors the catholic emperors, and did confirm by their charters, we also do concede to thee, beloved, and do confirm by the page of this present privilege: that, namely, thou may'st confer the investiture of staff and ring, freely, except through simony and with violence to the elected, on the bishops and abbots of thy kingdom. But after the investiture they shall receive the canonical consecration from the bishop to whom they belong. If any one, moreover, without thy consent, shall have been elected by the clergy and people, he shall be consecrated by no one unless he be invested by thee. Bishops and archbishops, indeed, shall have the right of canonically consecrating bishops or abbots invested by thee. For your predecessors have enriched the churches of their kingdom with such benefits from their royal appurtenances, that the kingdom itself should seek its chief safety in protecting the bishops and abbots; and popular dissensions, which often happen at elections should be restrained by the royal majesty. Wherefore the attention of thy prudence and power ought the more carefully to be applied to this end: that the greatness of the Roman, and the safety of the other churches, should be preserved through still greater benefits-God granting them. Therefore if any person, secular or ecclesiastical, knowing this page of our concession, shall with bold daring strive to act against it: he shall, unless he come to his senses, be entwined in the chain of the anathema and shall suffer the risk of losing his honour and dignity. The divme mercy, moreover, shall guard those observing it, and shall permit thy person and power happily to reign to His honour and glory. Amen.

Henderson, Ernest F.
Select Historical Documents of the Middle Ages
London : George Bell and Sons, 1896.

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