3 Mansi, l.c. p. 776. Jaffe, n. 1857, pp. 207, 208.

Leo III. Diploma of the 25th Dec. 800. Jaffé, n. 1913, pp. 217, 218: Quem (Car.) auctore Deo in defensionem et provectum universalis S. Ecclesiae Augustum hodie sacravimus.'

Natal. Alex. H. E. saec. 9 et 10, dissert. 2, t. vi. p. 397. Bianchi, t. ii. l. v. § 4, n. 1 seq. p. 178 seq. Mamachi, 1.c. pp. 242, 243, nota 2. Cf. specially Otto Frising. de Gest. Frid. ii. 22.

Eugen. Lombard. Regale Sacerdot. 1. i. § 5, p. 148. Rigantius in Regul. Cancell. Apost. t. ii. p. 226, Reg. 17, n. 9. Muratori, Annali d' Italia, a. 1433, 1493, 1519. Bianchi, 1.c. § 3, 4, pp. 164 seq. 177 seq. Phillips, K.R. iii. § 122 seq. p. 92 seq. Cf. also J. N. Neller, Dissert. de Rom. Imp. Idea, in Schmidt, Thes. jur. Eccles. t. iii. pp. 328 seq. 346.

7 Einhard, Vita Caroli M. (Pertz, Scr. g. ii. 457, 458).

Gosselin, P. ii. pp. 311, 312. Cf. Schrödl, Votum des Katholicismus.

$2.

Emperors themselves (for instance, Louis II. in his letter to Basil the Macedonian) have declared it to be beyond doubt that the dignity of emperor was conferred by the Pope's anointing and consecration.1

It is certain that in crowning Charles the Great emperor of the West, the Pope had no intention of conferring upon him an hereditary dignity, neither of relinquishing for the future his right of electing the most suitable protector for the Holy See. No historical witness confirms the supposition that the dignity conferred was hereditary; everything speaks to the contrary. No dispositions as to the imperial office were made in the deed of partition at Diedenhofen in 806,2 although disputes might easily have arisen on this ground. The guardianship and defence of the Holy See were committed to Charles' three sons collectively, after the example of Charles Martel, Pipin, and their father. Italy is apportioned, but only to the boundary of St. Peter's territory.' Those who ascribe to the emperor the right of disposing of the imperial title find it difficult to explain the silence concerning it. This is, however, easily understood when the rights of the Pope are given due weight. Charles, no doubt, had associated his son Louis in the empire and called him emperor, but this must have been done with the Pope's consent.5 The Pope approved also the partition treaty of 806.6 Louis the Pious was crowned emperor in 816 by Pope Stephen IV. (V.).

Lothair I. informed his father Louis that he had received from Pope Paschal the blessings, dignity, and title of the imperial office (April 5, 823). He would not have said this if the empire had been positively and irrevocably conferred upon him some years earlier, when his father associated him in the government; in fact, he only assumed the title after his coronation by the Pope.$ Lothair's son, Louis II., was like wise anointed and crowned by Leo.IV.9

1 Baron. a. 871, n. 50 seq. Pertz, v. p. 521 seq. Some critics have expressed doubts concerning this letter, but for quite insufficient reasons. It throughout accords with the circumstances of the time. Cf. Annal. Moissiac. h.a. Anschar. Vita S. Willehadi ap. Mabill. saec. 3, O.S.B. P. ii. Chron. Ursperg. a. 800; Einhard, Ann.; Pertz, Scr. i. 189; Natal. Alex. saec. 9, diss. 1.

2 Pertz, Leg. i. 141. Baluz. Capit. i. 437.

De la Bruère, Hist. de Charlemagne, t. ii. p. 170.

4 Gosselin, 1.c. pp. 312-314.

s Ib. p. 319.

• Einhard, Ann. a. 806, p. 193. Jaffé, Reg. p. 218. Mabillon, Acta O.S.B. saec. 4, p. 513.

Bianchi, 1.c. § 5, n. 1-3, where also the hypotheses of Bossuet are refuted. Vide Defens. Decl. Cleri. Gall. P. i. 1. ii. c. xxxvii. seq.

Nicol. Ep. 26. Mansi, xv. 288. Jaffé, n. 2104, p. 247. Hefele, Conc. iv. p. 282 seq.

$3.

After the death of Louis II. Pope John VIII. elected Charles the Bald, in preference to Louis the German, and crowned him emperor in December 875. All that time the right of the Pope to confer the imperial crown upon whom he would was undoubted; it was acknowledged even by the Lombard nobles at the Synod of Pavia in 876.1 After the death of Charles II. in 877 his nephew, Carloman of Bavaria, applied to the Pope for the imperial dignity, but his ill-health was an impediment. John VIII. expressly declared: 'He who is by us anointed for the empire must first of all by us be called and chosen.'s Shortly afterwards, in 879, Charles the Fat was elected emperor,+ and in 881 was anointed and crowned by the same Pope. During his residence in France, John VIII. had, on September 8, 878, crowned Louis the Stammerer king, but not emperor, as later we find him giving Louis only the latter title. Stephen

V. (VI.), 21st February 891, conferred the imperial crown upon Duke Wido, or Guido, of Spoleto, who was only related on the female side to the family of Charles the Great; and his successor, Formosus, gave it to Guido's son Lambert on the 27th February 892.6 But as Lambert disappointed the hopes of the Holy See, and afforded no protection, the Pope rejected him, and sent for Arnulf from Germany to raise him to the imperial throne. In this first age of the renewed life of the Western Roman Empire we find descendants of Charles the Great, in France, Germany, and Italy, crowned as emperors by the Popes. Also Louis of Provence, son of Boso, received the empire from Benedict IV. in 901, and Berengarius in 916 from John X.8 Where the Pope was not influenced by external force he disposed of it as he would.

1 Mansi, l.c. pp. 303, 304, 308 seq. Hefele, iv. p. 495. It is said in the synodal decree confirmed at Pontion in June 875: Quia divina pietas vos beatorum principum Apostolorum Petri et Pauli interventione, per vicarium ipsorum, D. videl. Joannem, summum pontificem et universalem Papam, spiritualemque patrem vestrum, ad profectum S. Dei Ecclesiae nostrumque omnium invitavit et ad imperiale culmen Sancti Spiritus judicio provexit, nos unanimiter vos protectorem, dominum ac defensorem omnium nostrum eligimus.'

2 Joh. Ep. 63, 68. Mansi, 1.c. pp. 53, 57.

Jaffé, n. 2342, 2347, p. 270. 3 Joh. Ep. 135, ad Anspert. Mediol. p. 108. J. n. 2449, p. 278 seq. Joh. Ep. 160, 172, pp. 110, 111, 117. J. n. 2453, 2464, p. 279 seq. 5 Joh. Ep. 125, 128, pp. 95, 97. J. n. 2422, 2421, p. 277. Sirmond. nota ap. Mansi, 1.c. p. 358. Bianchi, l.c. § 5, n. 6. pp. 210, 211.

Jaffé, pp. 298, 299.

The rejection of Lambert can be gathered from (1) the oath sworn to Arnulf by the Romans (Luitpr. Hist. i. 8); (2) the hatred of the Italian party against Formosus even after his death; (3) the can. 6 of the Roman Synod of 898 (Hefele, iv. 543).

Jaffé, pp. 306, 310. Bianchi, l.c. § 5, n. 4 seq. § 6, n. 1-3.

§ 4.

The

From 924 to 962 the empire of the West was vacant. line of German Roman emperors begins, strictly speaking, with Otho I., who was crowned at Rome in 962.1 During his own lifetime, on the 25th December 967, he obtained the empire for his son and namesake.2 After the death of Otho II., A.D. 983, Otho III. was crowned king at Aix-la-Chapelle, but was not emperor till 996, when he was crowned by Gregory V.3 The

diploma of Leo VIII., which ascribes to Otho the Great the right of appointing his successor (not primarily to the empire, but) to the kingdom of Italy would, as the work of an antipope, have no weight, even were it not as much a forgery as the false privilege it cites of Hadrian I. in favour of Charles the Great.5 Twelve years after the death of Otho III. St. Henry II. received the imperial crown, after having sworn allegiance to Benedict VIII. (14th February 1014).6 Henry II. (as Emperor, Henry I.) had felt the need of being emperor. Conrad the Salic obtained this dignity more quickly7 (26th March 1027); his son Henry III. (as Emperor, Henry II.) was crowned at Rome by Clement II. on the 25th December 1046.9 Henry obtained from Pope Victor II., who was much attached to him, that he should forbid Ferdinand, King of Castile, from continuing the title of emperor under pain of excommunication. 10 No one was surprised at this; and yet in the ancient Roman Empire powerful captains had taken the title, and it had met with acknowledgment. At his death (on the 5th October 1056) Henry placed his son under the protection of the Pope, to whom also he transferred the administration of the kingdom;11 but before a twelvemonth had elapsed Victor had followed him into the grave (on the 28th July 1057). During its second period, from Otho I. to Henry III., the empire became too powerful, exercised great authority over appointments to the Papal See, as formerly had been done by the Italian nobles, to the injury of the Church. A reaction was imperative, for the vital interests of the Church were at stake. An arrangement useful during a period of danger and difficulty was not intended for all time. It was necessary that the Church should become more free and independent. She became so in the great struggle about investitures.

1 Concerning the coronation of Otho I. we read: A Johanne P.amabiliter exceptus atque honore imperiali sublimatus est' (Flodoard. Ann. Rem. 962); Otto rex consecratione Johannis P. imperator Romae factus est' (Annal. Ottenburg. h.a.); Joh. P. (Ottonem) consecratione sua imperatorem fecit' (Lambert). Cf. Luitprand, vi. 6; Regin. Contin. a. 962.

2 Reginon. Contin. a. 967. Annal. Hildes. h.a. Otto I. Ep. ap. Baron. a. 968, n. 7.

3 Thietmar, Chron. 1. iv. c. xviii. Annal. Quedlinburg. h.a. Cf. Phillips, K.R. iii. § 123, p. 122.

C. 23, In Synodo, d. 63. Cf. Baron. Pag. ad a. 964; Berardi Gratiani, Can. Gen. ii. ii. p. 307; Bianchi, t. ii. 1. v. § 6, n. 5 seq. p. 226 seq.; Phillips, 1.c. p. 119; Floss, Die Papstwahl unter den Ottonen, Freib. 1858, p. 65 seq.

5 C. 22, Hadrianus P. d. 63. Cf. Berardi, 1.c. p. 187; Phillips, 1.c. p. 150.

Thietmar, Chron. (Pertz, v. 836). Jaffé, p. 352.

Wippo, Vita Conradi ap. Pistor. Rer. g. Scr. iii. p. 472. Jaffé, p. 358. 8 As the German King Henry I. was not emperor, Henry III. called himself Henricus Secundus, for instance at the Synod at Mainz of October 1049 (Jaffé, n. 3187, p. 370).

Jaffé, p. 364.

10 Baron. a. 1055, n. 23. Will, Victor II. als Papst und deutscher Reichsverweser, pp. 20, 55 seq.

11 Petrus Damiani, 1. i. Ep. 5; Greg. VII. Reg. 1. i. Ep. 19. Will, 1.c. pp. 48, 50 seq.

§ 5.

From the death of Henry III. (1056) to the enforced coronation of Henry V. by Paschal II. (1111) there was no lawful emperor.1 Under Henry V. the same distinction was made between empire and kingdom, for example, at the Concordat of Worms.3 Lothair did not till the eighth year of his reign as king, on the 4th June 1133, receive the imperial crown from Innocent II.4 His election as King of Germany, which according to custom gave a right to expect the dignity of emperor, had been confirmed by Honorius II. ;5 this must have been done with a view to his becoming emperor at some future time, as the election to the kingdom did not require Papal ratification. Lothair's successor, Conrad III., was never emperor, but was 'King of the Romans,' because he had the expectation of becoming emperor. Only on a few occasions Conrad styled himself, and allowed others to style him, emperor. He did not comply with the request the Romans made him as their king; on the contrary, he opened friendly negotiations with the Pope, at that time much oppressed by the mob leaders.8 Frederick Barbarossa also rejected with scorn the pompous overtures of the republican Romans ;9 he desired to be crowned by the Pope, like other emperors, treated on the subject with Eugenius III., and was crowned by Hadrian IV. on the 18th July 1155.10 Coronation by the Pope was never regarded as an empty ceremony; it was accounted an all-important