Constitutio Romana
Encyclopedia
The Constitutio Romana was drawn up between King Lothair I of Italy (818–55), co-emperor with his father, Louis the Pious
, since 817, and Pope Eugene II
(824–27) and confirmed on 11 November 824. At the time the election of Eugene was being challenged by Zinzinnus, the candidate of the Roman populace. Eugene agreed to several concessions to imperial power in central Italy in return for receiving the military and juridical support of Lothair. The Constitutio was divided into nine articles. It introduced the earliest known Papal Oath
, which the Pope-elect was to give to an imperial legate
before receiving consecration. It also restored the custom established by Pope Stephen III
in 769 whereby both the laity and clergy of Rome would participate in Papal elections.
There has been some debate between modern scholars whether the Constitutio was a "dead letter
" with little practical impact, or marked a stage of the road to imperial domination of the Papacy.
, Salic
, or Lombard) they had elected to live under; that its property be restored to the Church; that robbery with violence be put down; that when the emperor was in Rome the chief officials should appear before him to be admonished to do their duty; and, finally, that all must obey the Roman pontiff. By command of the pope and Lothair the people had to swear that, saving the fidelity they had promised the pope, they would obey the Emperors Louis and Lothair; would not allow a papal election to be made contrary to the canons; and would not suffer the pope-elect to be consecrated save in the presence of the emperor's envoys and an oath of homage from the newly-elected Pope.
when he issued a decree stating that the emperors would not interfere, either directly or through their ambassadors, in the election of a pope.
Louis the Pious
Louis the Pious , also called the Fair, and the Debonaire, was the King of Aquitaine from 781. He was also King of the Franks and co-Emperor with his father, Charlemagne, from 813...
, since 817, and Pope Eugene II
Pope Eugene II
Pope Eugene II, , pope was a native of Rome and was chosen to succeed Paschal I. Another candidate, Zinzinnus, was proposed by the plebeian faction, and the presence of Lothair I, son of the Frankish emperor Louis the Pious was necessary in order to maintain the authority of the new pope...
(824–27) and confirmed on 11 November 824. At the time the election of Eugene was being challenged by Zinzinnus, the candidate of the Roman populace. Eugene agreed to several concessions to imperial power in central Italy in return for receiving the military and juridical support of Lothair. The Constitutio was divided into nine articles. It introduced the earliest known Papal Oath
Papal Oath
The Papal Oath is an oath that some Traditionalist Catholics say was taken by the popes of the Catholic Church, starting with Pope Saint Agatho, who was elected on 27 June 678. They claim that over 180 popes, down to and including Pope Paul VI, swore the oath during their papal coronations...
, which the Pope-elect was to give to an imperial legate
Missus dominicus
A missus dominicus , Latin for "envoy[s] of the lord [ruler]", also known in Dutch as Zendgraaf , meaning "sent Graf", was an official commissioned by the Frankish king or Holy Roman Emperor to supervise the administration, mainly of justice, in parts of his dominions too far for frequent personal...
before receiving consecration. It also restored the custom established by Pope Stephen III
Pope Stephen III
Pope Stephen III was pope from August 1 or August 7, 768 to January 24, 772. He was a native of Sicily.He came to Rome during the pontificate of Gregory III and gradually rose to high office in the service of successive popes....
in 769 whereby both the laity and clergy of Rome would participate in Papal elections.
There has been some debate between modern scholars whether the Constitutio was a "dead letter
Dead letter
A dead letter is one that can neither be delivered nor returned to sender. The term may also mean:* "Dead letter", legislation which has not been revoked but is obsolete, inapplicable, or no longer enforced....
" with little practical impact, or marked a stage of the road to imperial domination of the Papacy.
Contents
The constitution advanced the imperial pretensions in the city of Rome, but also established a system to check the power of the nobles. It decreed that those who were under the special protection of the pope or emperor were to be inviolable, and that proper obedience be rendered to the pope and his officials; that church property was not to be plundered after the death of a pope; that only those to whom the right had been given by the deceased Pope Stephen III, in 769, should take part in papal elections; that two commissioners were to be appointed, the one by the pope and the other by the emperor, who should report to them how justice was administered, so that any failure in the administration might be corrected by the pope, or, in the event of his not doing so, by the emperor; that the people should be judged according to the relevant law (RomanRoman law
Roman law is the legal system of ancient Rome, and the legal developments which occurred before the 7th century AD — when the Roman–Byzantine state adopted Greek as the language of government. The development of Roman law comprises more than a thousand years of jurisprudence — from the Twelve...
, Salic
Salic law
Salic law was a body of traditional law codified for governing the Salian Franks in the early Middle Ages during the reign of King Clovis I in the 6th century...
, or Lombard) they had elected to live under; that its property be restored to the Church; that robbery with violence be put down; that when the emperor was in Rome the chief officials should appear before him to be admonished to do their duty; and, finally, that all must obey the Roman pontiff. By command of the pope and Lothair the people had to swear that, saving the fidelity they had promised the pope, they would obey the Emperors Louis and Lothair; would not allow a papal election to be made contrary to the canons; and would not suffer the pope-elect to be consecrated save in the presence of the emperor's envoys and an oath of homage from the newly-elected Pope.
Revocation
Sixty years later, the Constitutio Romana was effectively revoked by Pope Marinus IPope Marinus I
Pope Marinus I , Pope between December 16, 882 and May 15, 884. He succeeded John VIII in about the end of December 882.-Prior history:...
when he issued a decree stating that the emperors would not interfere, either directly or through their ambassadors, in the election of a pope.
Further reading
- Bertolini, Ottorino. "Osservazioni sulla Constitutio Romana e sull Sacramentum Cleri et Populi Romani dell'anno 824." Studi medievali in onore di Antonino de Stefano. Palermo: Società Siciliana per la Storia Patria, 1956, pp. 43–78.
- Noble, Thomas F. X. The Republic of St. Peter. The Birth of the Papal State, 680–825. Philadelphia: University of Pennsylvania Press, 1984, pp. 308–322.