Antedating in patent law
Furthermore on the Maundy Thursday previous to that which has just passed, in our presence and that of our brother cardinals, and in the presence of our dear son in Christ, the illustrious emperor of Constantinople , and of a considerable gathering of prelates, before the senate and people of Rome and a very large number of others, who on that day because of its solemnity had come to the apostolic see from different parts of the world, he guaranteed on oath, through the noble count Raymond of Toulouse, and Masters Peter de Vinea and Thaddaeus of Suessa, judges of his court, his envoys and proctors who had in this matter a general commission, that he would keep our commands and those of the church.However afterwards he did not fulfil what he had sworn.This collection consists of 22 constitutions, all of which are of a legal nature, and was sent to the universities by Innocent IV on 25 August 1245 (Coll. A second collection of 12 decrees was published by Innocent IV on 21 April 1246 (Coll. I), containing two constitutions (18 and 22) which are absent from the other versions, but lacking the constitutions not directly concerned with the law (R 13-17). I, as such, has never been edited; but there exists both an indirect transmission (Coll. III, Liber Sextus) and a direct, single-family transmission through eight manuscript codices: Arras, Bibl. There are three copies of the bull: Vatican Archives, AA. I-XVIII, 171 (= V); Paris, Archives Nationales, L 245 no. Because the restitution of the prelates, clerics and all others whom he kept in captivity, and of all both clerics and laymen whom he had taken in the galleys7, could especially lead the way to peace, we asked and begged him through our said ambassadors to set these prisoners free.Indeed, the origins of the constitutions must be placed before the council, as is shown by an earlier version of constitutions M 13, 15 and 19, antedating the council. Municipale 541; Bratislava, formerly Cathedral Library, 13; Innsbruck, Universitaetsbibl., 70, fos. This both he and his envoys had promised before we had been called to the apostolic office.The sources, especially the Brevis nota and Matthew Paris, tell us clearly about the nature of the discussion and the determined attitude of the pope, who induced the council to depose the emperor at the session on 17 July 1245, a matter that appeared unprecedented to the fathers themselves.
Only in recent times has it been realised that the authentic and definitive drawing up of the constitutions, and their promulgation, took place after the council. I II and 8 other decrees) was issued on 9 September 1253 (Coll. Stephen Kuttner has shown that the constitutions have been transmitted to us through three versions: the conciliar version (= M), known principally from the chronicle of Matthew of Paris (const. on the crusade corresponding to R 17); the intermediate version ( = R), known from the register of Innocent IV (const. 1-12 correspond to M 1-10); and the definitive version ( = Coll. The transmission of the text of the bull is involved, and the editions are very faulty. Through them we proposed to him, because we and our brethren desired to have peace with him and with all people, as far as lay in our power, that we were ready to grant peace and tranquillity to him and also to the rest of the whole world.
Many bishops and prelates were unable to attend the council because they had been prevented by the invasions of the Tartars in the east or the attacks of the Saracens in the holy Land, or because Frederick II had intimidated them (especially the Sicilians and Germans).
Thus it was that the four chief parties of the council were the French and probably the Spanish, English and Italian.
The dispute, distinctive of the Middle Ages, between the papacy and the empire became very serious under Pope Innocent IV and Emperor Frederick II.
Already in 1240 Pope Gregory IX had tried to define the questions between the two powers by calling a general council, but Frederick II by arms had prevented the council from meeting.
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Those from the register of Innocent IV were edited in Rm IV (1612) 73-78. The church also wished to secure peace for his friends and supporters and the enjoyment of full security, so that for this reason they should never incur any danger.