Oliva 37
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[37.] ON THE CONFIRMATIONS OF THE POPE

[37.1] Bishop Innocent, servant of the servants of God, to the venerable brother Monachus,288 patriarch of the church of the Resurrection, and to his canonically elected successors, in perpetuity.

[37.2] Since the sacrosanct Roman Church ought to defend with its apostolic muniment and generally guard as a pious mother with the shade of its protection all churches founded throughout the world,289 it is required to more especially embrace and love the church of Jerusalem, the more sincerely the Mediator of God and men,290 Jesus Christ, loved the land on which it was founded, since after He was incarnated through virginal flesh in that land, He deigned to be born, to live, to preach, to die and to rise from the dead for our salvation.

[37.3] For the sake of the special love which we have towards this land and because we also love you like a venerable brother and a column of the Roman church, we have chosen to admit your requests and confirm these with apostolic muniments.

[37.4] Thus it is, O venerable brother, that we receive you under St. Peter's and our protection, decreeing that whatever spiritual and temporal rights you possess or have possessed up to the present, or which in the future you shall canonically attain by donation of emperors, kings or of other men, shall remain unharmed for all time for you and for your successors.

[37.5] Because the holy city of Jerusalem and many lands around it have been given over by divine judgment to power of the barbarians, we therefore strengthen you with a special privilege, desiring that whenever it shall please divine clemency to restore the kingdom of Jerusalem291 to the Christians, that absolutely nothing should be diminished from your rights, neither in spiritualities, nor in temporalities.

[37.6] So that all these rights way gain more strength, we bring them forth to be named in express terms. First, we grant you and your successors the archdiocese of Caesarea with all its suffragan dioceses, the archdiocese of Tyre292 with all its suffragan dioceses, and by this grant it shall be lawful for you to send to the archbishops of those places a palium as a sign of confirmation, to consecrate them, or to give the authority that they might be consecrated by their suffragan bishops.

[37.7] Therefore we confirm to you and to your successors whatever your predecessors have had of honor or reverence or of taxes from all archbishops, bishops and abbots, or from other ecclesiastic or secular men in the whole kingdom of Jerusalem.

[37.8] Moreover, we give to you and to your successors in law, even if not in fact, all castles, burgs, villages and possessions your predecessors held along the Jordan river, near Jericho and Jerusalem, the Hebron valley and everywhere within the kingdom of Jerusalem.

[37.9] If any ecclesiastic or secular person presumes to weaken the strength of this privilege and has not rendered due satisfaction after the crime, let him be completely estranged from the most holy body and blood of our Lord Jesus Christ and segregated from all communion of the faithful, he shall not profit in this world from any solemn remission of sins, and in the next world he shall receive his portion of damnation with Dathan and Abiron.

[37.10] Let all those who strive to preserve these rights unharmed become participants of the benediction of Jesus Christ and of eternal glory, and through this and other good deeds which they shall do at the Lord's inspiration, they shall merit receiving eternal joys. Amen.


288 Haymerus Monachus (Aymar Monaco dei Corbizzi), patriarch of Jerusalem (1194-1202). He was archbishop of Caesarea 1182-1197, holding both offices for three years. From 1171-1177 Monachus was magister and chancellor of patriarch Amalrich of Jerusalem. See Die Register Innocenz III 1.18-20 n.11, 1.735-6 n.505; RUDOLF HIESTAND and HANS EBERHARD MAYER "Die Nachfolge des Patriarchen Monachus von Jerusalem" Basler Zeitschrift für Geschichte und Altertumskunde 74 (1974) 109-130. From 1171-1177 Monachus was magister and chancellor of patriarch Amalrich of Jerusalem. See above, Oliva 7.1 and 10.15.

289 Cf. formula 3, Die Register Innocenz III ed. OTHMAR HAGENEDER and ANTON HAIDACHER (Graz-Cologne 1964) 1.xliv: Sacrosancta Romana ecclesia devotos et humiles filios ex assuete pietatis officio propensius diligere consuevit et ne pravorum hominum molestiis agitentur, eos tamquam pia mater sue protectionis munimine confovere. See below, Oliva 49.2-6. This formula is discussed in JANE E. SAYERS Papal Government and England during the pontificate oF Honorius III (Cambridge 1984) 101-104.

290 This epithet for Christ, often used by Boncompagno, was coined in I Tim. 2.5 and theologically elaborated in Augustine Enarratio in Psalmum 29.2-3. Boncompagno also applies it to the priestly office in Boncompagnus 5.20.1 §4; to the pope in Boncompagnus 3.1.6, 5.23.1 §5,§6 and Rhetorica novissima 5.3.1.2.

291 Elsewhere Boncompagno applied the sarcastic title regnum Tyronense to the crusader kingdom, partly because Saladin occupied the capitol Jerusalem and most of the realm after 1187, and also because of the king's incestuous marriage: De amicitia 39, Boncompagnus 2.2.2, 3.3.3, 3.9.1, 3.13.3, 3.14.2, 4.4.1-2, 5.3.2. Boncompagno did not penalize with similar diminuition of title the Hospitallers (but see above, Oliva 7.33) or the church and patriarch of Jerusalem, all similarly expatriated from their autonomastic city. The correct title appears only in Quinque tabule salutationum 1.3, below, Oliva 37.5-8, and in De obsidione Ancone. See HIESTAND and MAYER "Die Nachfolge..." 117.

292 On the archdiocese of Tyre, see above, Oliva 8b.22.


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© Steven M. Wight, Los Angeles 1998

Scrineum © Università di Pavia 1999