Cardinal Giovanni Gaetano Orsini was elected pope at Viterbo on November 25, 1277. His predecessor, John XXI, had died suddenly when the roof of a room he was in fell in upon him. There had been only seven cardinals in Italy at the time (an eighth, Simon de Brion, was Legate in France), and the Conclave of 1277 was severely split into two groups of three, one composed of
Giovanni Gaetano Orsini, Giacomo Savelli, and
Matteo Rosso Orsini—all cardinal-deacons; the other of
Ancher Pantaleoni,
Goffredo d'Alatri, and
Guillaume de Bray—all cardinal-priests. The sole cardinal-bishop,
Bertrand de S. Martin, belonged to neither group. The regulations of the Constitution "
Ubi Periculum" of Gregory X were not in effect, and therefore the discussions dragged on through the summer and fall of 1277. The major issue was whether
Charles of Anjou would continue to be allowed to control the city of Rome and the Patrimony of St Peter. The Roman party finally succeeded in attracting two other votes, and Giovanni Gaetano Orsini was elected. This was a major setback for the Angevins. On 12 March 1278 Fr. Latino Malabranca Orsini, OP, was created
Cardinal-Bishop of Ostia e Velletri by his uncle, Nicholas III (1277-1280). He was one of ten created at the same time, with the object of diminishing the Angevin interest in the Sacred College, thereby giving the Papacy more independent counsel, and lessening the chances of indefinite control of the papacy by King Charles I. Five new cardinal-bishops were named, including Latino Malabranca, as well as two cardinal-priests and three cardinal-deacons. Five of the new cardinals were members of religious orders. Two were relatives of the new pope: Latino and the Pope's brother Giordano Orsini. One French appointee, Erhard de Lessines (Lesigny), son of Guillaume, Marshal of Champagne, died on July 18, 1278, of dysentery. Another, Robert Kilwardby, who had been Archbishop of Canterbury, died on September 12, 1279. The Franciscan Gerardo Cupalates, O.Min. also died in 1279. The Pope, who was politically caught between the
Emperor Rudolf I and
King Charles I of Sicily, began to work to extricate himself and the Church from these two powerful forces, while at the same time keeping those two forces from confronting each other directly in a war which could ruin central Italy. First, he convinced the Emperor that the Romandiola (Romagna) and the Pentapolis (Cinque Terra) had once belonged to the Church, employing documents from the papal archives. He could not produce the alleged donation of
Pipin III d'Heristal, but he did produce documents of Louis the Pious, Otto I, and Henry II. These were accepted as proof by the Emperor and his officials, without even considering that they might be forgeries, like the
Donations of Constantine. At the same time, the Pope demanded that King Charles resign his position as Rector of Tuscany, which allowed him to dominate Rome from both north and south. To overcome the Emperor's reluctance to part with such rich territories as the Romandiola, the Pope offered him the Rectorship of Tuscany. On May 29, the Emperor Rudolf authorized his ambassador Gottfridus to agree to the terms, which he did in the treaty of June 30, 1278. Cardinal Latino's cousin, Bertoldus Orsini (son of Gentile Orsini), another papal nephew, was named Rector of the Romandiola and of the City of Bologna, and Cardinal Latino was named Papal Legate to the Romandiola. Another nephew, Orso Orsini, was named Rector of the Patrimony of S. Peter in Tuscany. On August 2, 1278, as the time for election of new senators for Rome was drawing near, Pope Nicholas, who was in Viterbo, sent a letter to Cardinal Latino and to Cardinal Giacomo Colonna, Cardinal Deacon of S. Maria in Via Lata, instructing them to use their influence, without seeming to manipulate the election, to ensure the right outcome. The Pope most certainly did not want to give the impression that he himself wanted the office. Whatever else might happen, they must be discreet. King Charles had been granted the Senatorship of Rome for a period of ten years by Clement IV, and the end of the term was coming on September 16, 1278. On July 18, 1278, after consultation with the Cardinals, Nicholas had issued a bull,
Fundamenta militantis, instituting the rule that emperors, kings, princes, marquises, dukes, counts, and barons were ineligible for the office of Senator of Rome, and others were eligible for one-year terms only. On August 30, King Charles instructed his Vicar in Rome, Jean de Fossames, to surrender all the fortresses and prisoners into the hands of the Romans on the appointed day—though not into the hands of the Pope. But, what Roman would dare to stand for election and survive the wrath of King Charles? The two cardinals were in fact working in the interest of Pope Nicholas himself. He was the only person who could be elected without a loss of face on the part of King Charles, and he was the only person who would resist the blandishments and threats of the king. But the people would never have the Pope as their Senator. Instead, they voted to invest Signor Giovanni Gaetano Orsini (not the Pope) with the powers and privileges of the Senatorship for the term of his life, inviting him to name a Senator for Rome. Signor Orsini (not the Pope) named his brother Matteo Rosso Orsini “di Montegiordano” as Senator for the coming year. On the same day that King Charles was due to vacate the Senatorship, September 16, 1278, Cardinal Latino was ordered by Pope Nicholas to receive from the Royal Vicar in Tuscia all of the fortifications under his control, and that the Cardinal should hand them over to trusted agents. But in the Fall of 1278, Bertoldus fell ill. Pope Nicholas named Cardinal Latino as Apostolic Legate and have him full powers to substitute for Bertoldus in all of his functions, including that of leading and provisioning the royal army of King Charles I of Sicily under the command of Guillaume d'Estendard. He immediately arranged peace in Florence and the Romandiola (Romagna) On November 7, Nicholas sent a letter to Cardinal Latino, commending his positive achievements in so short a time, even without the specific Instructions that the Pope had intended to send him. The Pope expressed his confidence that Cardinal Latino could carry on successfully without any additional instructions. On November 16, the Pope expressed his satisfaction that
Guido de Montefeltro (the leader of the Ghibellines in the Romandiola) had been brought to obey his commands, but he conveyed as well the bad news that the Apostolic Camera (Treasury) was almost empty, and various expenses, including the payment of troops would have to be handled according to verbal instructions to be sent to Cardinal Latino through Giovanni Capucci, Canon of S. Maria Transtiberim. On September 30, 1279, at Bologna, Cardinal Latino Malabranca issued a set of constitutions for his entire Legation, comprising six chapters: (1) on people who illegally occupy churches; (2) on visitation of monasteries; (3) against clerical concubines; (4) on granting and remitting penances; (5) on indulgences; (6) on the dress of women (this section being known from its first word, the Constitution
Omnipotens). The sixth chapter addressed the subject of female apparel. Fra
Salimbene tells us in his chronicle that Latino, in this campaign to pacify factional strife, issued a tough ordinance on female dress, banning long trains and requiring all women to veil their faces when they went out. This ordinance forbade priests giving absolution to those who violated the statute and did not repent. As is the case with all sumptuary legislation, Cardinal Latino's regulation of female attire was unpopular, complained about, and disregarded. In the next pontificate, that of the French Martin IV (1281-1285), Cardinal Latino's successor as Legate in Lombardy, Cardinal
Bernard de Languissel, Bishop of Porto, was so beset with protests and complaints that he had to modify and relax Cardinal Latino's Constitution
Omnipotens. The legislation, however, remained on the books, until it was revoked by Pope Nicholas V in 1454. In the Fall of 1279, Cardinal Latino had to attend to a serious revolt against the authority of the members of his own Order. In Parma, the Dominican inquisitors had tried to burn a woman whom they had convicted of being a
Cathar. The people of Parma rose up against the Dominican inquisitors, who were forced to abandon the city and seek refuge in Reggio. Cardinal Latino, who was in Florence at the time, intervened by excommunicating the people of Parma. The absolution of the people of Parma was authorized by Martin IV in 1283, but the Dominicans still had not returned to Parma by November 22, 1286. Malabranca was vicar and governor of Rome during the absence of the pope from July to November 1279, at least according to Dominican writers. At some point during the reign of Nicholas III, Cardinal Latino was
Auditor causarum in a case involving the Augustinian canons of the church at Wiborg in the Diocese of Ripen (Ribe) in Denmark. On January 16, 1280, Cardinal Latino was instructed by Nicholas III to leave Florence, suspending negotiations for a peace for the present, and betake himself to Bologna, in order to bring about peace there. On March 2, 1280, Pope Nicholas wrote to Cardinal Latino that he had received Latino's messenger and report about the disturbed state of the city of Bologna and the Romagna, and that Latino was to continue his unremitting labors to find a resolution of the problems. Nicholas was sending him a Memoriale through Fr. Bartolomeo de S. Gemino, O.Min., who would explain verbally the Pope's intentions. A similar letter was sent to the Cardinal's cousin, Bertoldo Orsini, Rector of the Romandiola and of the City of Bologna. But Cardinal Latino was not yet in Bologna; he received another letter, sent on April 1, demanding his presence in Bologna. These problems in the Romandiola were, no doubt, the result of the transfer of sovereignty from the Emperor to the Pope, causing strife between Ghibellines and Guelfs. Cardinal Malabranca's uncle, Pope Nicholas III, died on August 22, 1280, at his castle of Soriano, in the hills to the east of Viterbo. It is said that he suffered a sudden apoplectic stroke that left him speechless. The throne of Peter was vacant for six months. ==Latino's first Conclave, 1280-1281==