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Papal Overlordship and Protectio of the King, C.1000-1300

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Papal Overlordship and Protectio of the King, C.1000-1300 1 PAPAL OVERLORDSHIP AND PROTECTIO OF THE KING, c.1000-1300 Benedict Wiedemann UCL Submitted for the degree of PhD in History 2017 2 I, Benedict Wiedemann, confirm that the work presented in this thesis is my own. Where information has been derived from other sources, I confirm that this has been indicated in the thesis. 3 Papal Overlordship and Protectio of the King, c.1000-1300 Abstract This thesis focuses on papal overlordship of monarchs in the middle ages. It examines the nature of alliances between popes and kings which have traditionally been called ‘feudal’ or – more recently – ‘protective’. Previous scholarship has assumed that there was a distinction between kingdoms under papal protection and kingdoms under papal overlordship. I argue that protection and feudal overlordship were distinct categories only from the later twelfth and early thirteenth centuries. Before then, papal-royal alliances tended to be ad hoc and did not take on more general forms. At the beginning of the thirteenth century kingdoms started to be called ‘fiefs’ of the papacy. This new type of relationship came from England, when King John surrendered his kingdoms to the papacy in 1213. From then on this ‘feudal’ relationship was applied to the pope’s relationship with the king of Sicily. This new – more codified – feudal relationship seems to have been introduced to the papacy by the English royal court rather than by another source such as learned Italian jurists, as might have been expected. A common assumption about how papal overlordship worked is that it came about because of the active attempts of an over-mighty papacy to advance its power for its own sake. But the people who gained from papal overlordship were those outside the papal curia who could instrumentalize papal power for their own ends. It was up to kings, regents and their councillors to decide when and whether to use papal overlordship and protection. Papal overlordship was a tool of royal more than of papal power. 4 Inspicienda sunt ergo […] privilegia et ipsorum tenor est diligentius attendendus Pope Alexander III 5 To Professor David d’Avray, homage and fidelity, for helping to shape the topic of, supervising and frequently correcting this thesis. Great thanks are also due to John Sabapathy for his frequent aid, to audiences at the Institute of Historical Research – especially Susan Reynolds – and the Ecclesiastical History Society for their useful feedback and to the staff and research students at University College London and King’s College London. Library staff at UCL, the IHR, the British Library and The National Archives should not go unmentioned. Professor Graham Loud and Herr Michael Schwab – the latter currently completing a Munich doctoral thesis on the relationship between the papacy and Norman and Staufen Sicily – have been delightful correspondents and annual conversationalists at the IMC in Leeds. The Arts and Humanities Research Council, the IHR and the Isobel Thornley Foundation all provided generous financial support. Finally, my family, without whom nothing is possible. 6 Contents Abbreviations 10 Introduction 12 A Note on Nomenclature 22 Chapter 1: Aragon and the Holy See, c.1050-1200 23 1.1. The Eleventh Century: Early Contacts 24 1.2. The Eleventh Century: 1088-9, Protectio or Dominium? 31 1.3. The Eleventh Century: King Peter I and Rome 35 1.4. The Twelfth Century: The Will and Succession to 40 Alfonso I el Batallador 1.5. The Twelfth Century: Legitimizing Raymond 47 Berengar’s Succession 1.6. The Twelfth Century: The Arrival of Protectio- 53 Terminology, c.1156-1200 1.7. Conclusion 60 Chapter 2: The Siculo-Normans and the Papacy, c.1050- 62 1200 2.1. The Eleventh-Century Oaths 64 2.2. Similarities: The Normans and Papal Lordship in the 67 Patrimony in the Eleventh Century 2.3. The Normans in the Ius et Proprietatem or 71 Patrimonium of the Church? 2.4. Forming Alliances: Homage and Submission, 1120, 75 1128, 1130, 1139, 1144, 1150, 1156, 1188 and 1192 2.5. Forming Alliances: Compaternitas and Amicitia 101 7 2.6. Forming Alliances: Conclusion 104 2.7. From Papal Investiture to Archiepiscopal Coronation 105 in the Twelfth Century 2.8. Conclusion 111 Chapter 3: The New Vassalage: Man, England, Sicily and 114 Aragon (1198-1227) 3.1. John’s Surrender of the Kingdoms of England and 115 Ireland: Background, Impetus and Meaning 3.2. The Appearance of Vassalli: Sicily (1209), England 125 (1213), Man (1219) and Aragon (1222) 3.3. The English Chancery-List 138 3.4. Guala 144 3.5. Stephen 145 3.6. Rainier 149 3.7. The French Chancery-Lists 151 3.8. Cardinals’ Counsels 153 3.9. Conclusion 156 Chapter 4: Royal Minorities in England, Sicily and 159 Aragon: Terminology and Practice (1198-1227) 4.1. Pupils, Orphans and Crusaders: Justifying Papal 160 Letters to England 4.2. Pupils, Orphans and Protection: Justifying Papal 165 Letters to Aragon 4.3. Pupils, Orphans and the Debt of the Pastoral Office: 167 Justifying Papal Letters to Sicily 4.4. Terminology: Conclusion 174 8 4.5. Practicalities: Legates, Regents and Letters 177 4.6. Legates and Regents: England 178 4.7. Legates and Regents: Aragon 181 4.8. Legates and Regents: Sicily 187 4.9. When to Use the Pope: The Letters of 1219 192 4.10. Practicalities: Conclusion 195 Chapter 5: Deposing and Creating Vassal-Kings, 1227-1297 199 5.1. Justifying Depositions: Deprivation of Fief 200 5.2. Justifying Depositions: Plenitude of Power 211 5.3. Justifying Depositions: Aiding Heretics 215 5.4. Feudal Contracts: 1250-1300 222 Chapter 6: Robert II of Artois and Cardinal Gerard, 227 ‘Constituted Regents of the Kingdom of Sicily by the Holy Roman Church’, (1285-1288) 6.1. The Succession 230 6.2. The Regency 236 6.3. Reform: The Constitutio Super Ordinatione Regni 241 Siciliae 6.4. Enforcing the Constitutio 246 6.5. Truces and Treaties 250 6.6. Conclusion 258 Conclusion 260 Appendix: Quanto Nobilius Membrum, A Letter of Pope 269 Gregory IX: Dating, Registration and Engrossment 9 Bibliography 274 10 Abbreviations CS: Selected Letters of Pope Innocent III concerning England (1198-1216), (eds) C. R. Cheney, W. H. Semple (London/New York, 1953) Foedera: T. Rymer, Foedera, Conventiones, Literae et cuiuscunque generis Acta Publica, (eds) A. Clarke, F. Holbrooke, J. Caley (4 vols in 7, London, 1816- 69) JL: Regesta Pontificum Romanorum ab Condita Ecclesia ad Annum post Christum Natum MCXCVIII, (eds) P. Jaffé, G. Wattenbach, S. Löwenfeld et al (2 vols, Leipzig, 1885-8) cited by letter number, not page LC: Le ‘Liber Censuum’ de l’Eglise Romaine, (eds) P. Fabre, L. Duchesne (2 vols, Paris, 1889-1910) MDH: La documentación pontificia de Honorio III (1216-1227), (ed.) Demetrio Mansilla (Rome, 1965) MGH: Monumenta Germaniae Historica Briefe d. spät. MA Briefe des späteren Mittelalters Const. Constitutiones et Acta Publica Imperatorum et Regum DD Diplomata regum et imperatorum Germaniae Epp. saec. XIII Epistolae saeculi XIII e regestis pontificum Romanorum selectae Epp. sel. Epistolae selectae Ldl Libelli de lite imperatorum et pontificum LL Leges (in folio) SS Scriptores NCMH: New Cambridge Medieval History 11 PL: Patrologiae cursus completus, series Latina, (ed.) J.-P. Migne (221 vols, Paris, 1841-64) Potthast: Regesta Pontificum Romanorum inde ab anno post Christum natum MCXCVIII ad annum MCCCIV, (ed.) A. Potthast, re-print (2 vols, Graz, 1957) cited by letter number, not page PUSp: Papsturkunden in Spanien. Vorarbeiten zur Hispania Pontificia, (ed.) P. Kehr i: Katalanien (Berlin, 1926) ii: Navarra und Aragon, re-print (Göttingen, 1970) RCA: I Registri della Cancelleria Angioina xxviii: 1285-1286, (ed.) J. Mazzoleni (Naples, 1969) xxix: 1284-1288, (ed.) Bianca Mazzoleni (Naples, 1969) 12 Introduction For most of the twentieth century, the historiographical approach to papal lordship over kings was an application of a more general conception of ‘feudalism’: a king would give his kingdom to the pope, the pope would return it to him as a fief – hence the king would only possess it in a limited way, in return for rendering services to the pope – and the king would be called a vassal of the pope.1 This was the ‘feudal bond’; the (supposed) defining feature of Medieval society. The German historians of the first half of the twentieth century developed the idea of the papal Imitatio imperii – that the popes of the late eleventh and twelfth centuries sought to imitate the Roman empire. Therefore the popes must have adopted all the trappings of both classical and contemporary kings and emperors: a curia with officers such as stewards, marshals and so on; embryonic institutions of government, such as the camera apostolica, the chancery and the senate-college of cardinals; and – of course – feudal vassals.2 After all, how else did twelfth-century kings and emperors rule but through such institutionalized bonds? 1 ‘Feudalism’ here being used to signify the feudo-vassalic, rather than Marxist feudalism or Feudal Society-type feudalism. 2 Karl Jordan laid the groundwork by covering these three aspects in three classic articles of the nineteen-thirties: ‘Die Entstehung der römischen Kurie’, Zeitschrift der Savigny-Stiftung für Rechtsgeschichte. Kanonistiche Abteilung 28 (1939), 97-152; ‘Zur päpstlichen Finanzgeschichte im 11. und 12. Jahrhundert’, Quellen und Forschungen aus Italienischen Archiven und Bibliotheken 25 (1933-4), 61-104; ‘Das Eindringen des Lehnswesens in das Rechtsleben der römischen Kurie’, Archiv für Urkundenforschung 12 (1932), 13-110. Walter Ulllmann and Percy Schramm then drew from Jordan when describing the Imitatio imperii: W. Ullmann, The Growth of Papal Government in the Middle Ages: A Study in the Ideological Relation of Clerical to Lay Power, 2nd edn (London, 1962), pp. 310-43; P. Schramm, ‘Sacerdotium und Regnum im Austausch ihrer Vorrechte: Eine Skizze der Entwicklung zur Beleuchtung des “Dictatus papae” Gregors VII’, Studi Gregoriani 2 (1947), 403-57, at 438-42.
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