Folia Theologica 19. (2008)
Szuromi Szabolcs Anzelm: Outlines of the medieval concordatary Law between 1122 and 1418
312 SZUROMI, Szabolcs Anzelm was released from the captivity of Aragon, then he was crowned in Rieti as king of Sicily on May 29, 1289. When Alphonse III died, the Pope, Frederick II and Carol II were able to organize an agreement which gave the supremacy for the Roman Pontiff over the whole Sicily. Based on this document Pope Nicolas IV could give Sicily to the House of Anjou to hold in fee, but the Pope needed the approval of the House of Aragon. There was a remarkable example for the proper independent pontifical governing power, when Pope Boniface VIII (1294-1303)31 convoked in Rome Edward I and Philippe, English and French kings, to dissolve the strained relations between them (however, the only two of the parties fulfilled this intention).32 The Holy Father pointed out in his bull of September 20,1296 (Ineffabilis), that the pope has the competence to supervise each decision of the king. The debate was temporarily over on June 27,1298, when the English and French King accepted Boniface as the judge in their dispute. The pope declared, that eternal peace should be concluded between the two kings for the future.33 During this debate the Roman Pontiff had signed an agreement with Giacomo of Aragon on the investiture question of Sardinia and Corsica on April 4, 1297 34 Boniface vili promulgated the bull Unam Sanctam on November 18, 1303,35 which explained the relationship between the Church and state based on the "Theory of the Two Swords".36 In 1338 at the Imauctoritate apostolica statuentes, ut idem tenor taliter annotatus etiam si dictum originale instrumentum contingeret deperire seu alias quocumque casu vel occasione ipsius copiam non haberi, easdem vires habeat, ean- demque fidem faciat, quam originale instrumentum predictum haberet et faceret, si non abolitum, non cancellatum, ne cin aliqua sui parte vitatum, se din prima sui figura omnino integrum appareat. Tenor autem instrumenti et articulorum in eodem instrumento ut permittitur contentorum de verbo ad verbum per omnia talis est (...) Mercati, A. (ed.), Racolta di concordati, I. 94. 31 Muldoon, J., Boniface VIII's Forty Years of Experience in the Law, in Jurist 11 (1971) 449-477. Izbicki, Th. M., Clericis laicos and the Canonists, in Popes, Teachers, and Canon Law in the Middle Ages, Ithaca-London 1989. 179-190. Schmidt, T., Papst Bonifatius VIII. als Gesetzgeber, in Proceedings of the Eighth International Congress of Medieval Canon Law, Città del Vaticano 1992. 227- 245. 32 Cf. Curley, M., The conflict between pope Boniface VIII and king Philip IV, London 1927. Digard, G., Philippe le Bel rt le St-Siège, Paris 1936. 33 33 Ullmann, A Short History of the Papacy, 270-275.
