CHAPTER IV

THE SECULAR CLERGY

[Sidenote: The work of the Church reformers.]

The great movement in favour of Church reform, which had emanated from

Cluny, had worked itself out along certain definite lines. It is

important to ask how far it had succeeded in achieving its objects. We

have seen that it was a movement of essentially monastic conception

aimed at the purification of the secular clergy. And we have seen that

the evil to be remedied had arisen from the imminent danger that the

Church would be laicised and feudalised. From the highest to the

lowest all ecclesiastical posts were at the disposition of laymen who

treated them as a species of feudal fief, so that the holders, even if

they were in Holy Orders (which was not always the case), regarded

their temporal rights and obligations as the first consideration and,

like all feudal tenants, tried to establish the right of hereditary

succession in their holdings. Thus the work of the reformers had been

of a double nature; it was not enough that they should aim at

exorcising the feudal spirit from the Church, at banishing the feudal

ideal from the minds of ecclesiastics: it was necessary to effect what

was indeed a revolution, and to shake the whole organisation of the

Church free from the trammels which close contact with the State had

laid upon it. It began as a reformation of morals; it developed into a

constitutional revolution. There was involved in the movement both an

interference with what might be distinguished as private rights and

also a readjustment of public relations. The reformers headed by the

Pope ultimately decided to concentrate their efforts on the latter.

Hence we may begin by enquiring how far they had succeeded in freeing

episcopal elections from lay control.

[Sidenote: Episcopal appointments.]

There were three several acts of the lay authority in connection with

the appointment of bishops to which the Church reformers took

exception. The King or, by usurpation from him, the great feudal lord

had acquired the right of nominating directly to the vacant see, to

the detriment, and even the exclusion, of the old electoral rights of

clergy and people; and while in some cases nobles nominated themselves

without any thought of taking Holy Orders, frequently they treated the

bishoprics under their control as appanages or endowments for the

younger members of their family. Then, before the consecration, the

bishop-nominate obtained investiture from the lay authority by the

symbolic gifts of a ring and a pastoral staff or cross, not only of

the lands and temporal possessions of the see, but also of the

jurisdiction which emanated from the episcopal office. Finally, the

prospective bishop took an oath to his lay lord, whether King or

other, which was not only an oath of fealty such as any subject might

be called upon to take, but was also an act of homage, and made him an

actual feudal vassal and his church a kind of fief.

[Sidenote: Right of election.]

The result of the long struggle was that in the matter of episcopal

appointments, speaking generally, the right of election was not

restored to clergy and people, in whom by primitive custom it had been

vested, but that the laity, with the possible exception of the

feudatories of the see, were banished altogether, the rural clergy

ceased to appear, and, after the analogy of the papal election by the

College of Cardinals, the canonical election of the bishop in every

diocese tends to be concentrated in the hands of the clergy of the

cathedral. It was a long time, however, before the rights of the

cathedral chapters were universally recognised. Henry I of England in

his Concordat with Anselm (1107) and the Emperor Henry V in the

Concordat of Worms (122) both promised freedom of election. Philip I

and Louis VI of France seem to have conceded the same right without

any formal agreement. But many of the great French feudal lords clung

to their power over the local bishoprics, and in Normandy, in Anjou,

and in some parts of the south nearly a century elapsed before the

duke or count surrendered his custom of nominating bishops directly.

But the freedom of election by the Canons of the cathedral, even when

it was conceded, was little more than nominal. In England, France, and

the Christian kingdoms of Spain no cathedral body could exercise its

right without the King's leave to elect, nor was any election complete

without the royal confirmation. By the Concordat of Worms elections

were to take place in the presence of the King or his commissioners.

By the Constitutions of Clarendon (1164) English bishops must be

elected in the royal chapel. King John tried to bribe the Church over

to his side in the quarrel with the barons which preceded Magna Carta,

by conceding that elections should be free--that is, should take

place in the chapter-house of the cathedral; but even he reserved the

royal permission for the election to be held, and the _congé

d'élire_ in England and elsewhere was accompanied by the name of

the individual on whom the choice of the electoral body should fall.

It was not the rights of the electors but the all-pervading authority

of the Pope which was to prove the chief rival of royal influence in

the local Church.

[Sidenote: Investiture.]

The quarrel between Church and State had centred round the ceremony of

investiture, because in the eyes of the reformers the most scandalous

result of the feudalisation of the Church was the acceptance at the

hands of a layman of the spiritual symbols of ring and crozier. But as

Hugh of Fleury had acknowledged in his tract on "Royal Power and

Priestly Office," investiture there must be so long as ecclesiastics

held great temporal possessions. Here again some of the French nobles

clung to the old anomalous form of investiture, but otherwise the

example of the imperial lands, of the royal domain of France and of

England was generally followed, the gifts of ring and staff were

conceded to the Metropolitan, and where no special form of investiture

by the sceptre was retained it was confused with the ceremony of

homage. But in Germany and England investiture with the lands of the

see preceded consecration, so that while on the one hand it was not a

bishop who was being invested by a layman, on the other hand the

refusal of investiture would practically prevent the consecration of

any one obnoxious to the Crown.

[Sidenote: Homage and fealty.]

With regard to the feudal ceremony of homage a distinction came to be

drawn by writers on the Canon Law between homage and fealty, and

ecclesiastics were supposed to limit themselves to the obligations of

the latter, which were those of every subject. The ceremony was not

precisely the same as in the case of a lay noble being invested with a

fief; but in France, at any rate, the Crown never really abandoned its

claim to a feudal homage, and in any case ecclesiastics were expected

to fulfil their feudal obligations. Even Innocent III acknowledged

this in a decree (§43) of the Fourth Lateran Council (1215), and in

interceding with Philip II of France on behalf of two bishops who had

been deprived of their temporal possessions for some neglect of

military duty, he argues that they were "ready to submit to the

judgment of your Court, as is customary in such matters."

[Sidenote: Regale.]

Arising out of these feudal relations certain rights over the

possessions of ecclesiastics and ecclesiastical bodies were claimed by

the Crown, which were the cause of serious oppression. According to

the Canon Law, the bishop was only the usufructuary of the lands and

revenues belonging to his see. The lands and revenues belonged to the

Church. But inasmuch as these had been originally in most cases the

gift of the Crown, the King claimed to deal with them in the method

applied to feudal holdings. By the right of _regale_, on the

vacancy of a see through death, resignation, or deprivation of the

bishop, the royal officers took possession of the temporalities, that

is, the land and revenues, and administered them for the profit of the

Crown so long as the see was vacant. The Crown did not hesitate to use

the episcopal patronage and to fill up vacant canonries and benefices

with its own followers, and it often took the opportunity to levy upon

the inhabitants of the diocese a special tax--_tallagium_,

_tallage_, or _taille_--which a landlord had a right of

exacting from his unfree tenants. It was to the interest of the Crown

to prolong a vacancy, and attempts to limit the exercise of the right

were of little practical effect.

[Sidenote: Right of spoils.]

An even more extraordinary claim was to the right of spoils (_jus

spolii_ or _exuviarium_). The canonical law forbidding the

bishop to deal by will with the property attached to his see, was

interpreted as applying to everything which he had not inherited. Thus

the furniture of his house and the money in his chest were claimed as

of right by the canons of his cathedral, but were often plundered by

the crowd of the city or by the local nobles. These lawless

proceedings provoked the interference of the royal officers, who

succeeded in most cases in establishing the right of the Crown to all

movables that the bishop left. The earliest notice of this royal claim

in Germany is found in the reign of Henry V. It was in full use under

Frederick I. William II is probably responsible for introducing both

the _regale_ and the _jus spolii_ from Normandy into

England. In France these were claimed by the feudal nobles as well as

by the King. Bitter were the complaints made by the Church against the

exercise of both rights. Kings and nobles clung to the _regale_

as long as they could, for it meant local influence as well as

revenue. In most cases, however, the right of spoils had been

surrendered before the thirteenth century. It is to be remembered that

ecclesiastics themselves exercised this right, bishops, for example,

claiming the possessions of the canons and the parish priests in their

dioceses. The Popes in relaxation of the Canon Law gave to certain

bishops the right of leaving their personal property by will, and the

canons also are found encouraging their bishop to make a will.

[Sidenote: Claims of the Clergy.]

As a set-off against these claims of the Crown upon the Church, the

clergy also advanced certain claims. These touched the two important

matters of taxation and jurisdiction. The Church claimed for her

members that they should not be liable to pay the taxes raised by the

secular authorities, nor should they have causes to which any

ecclesiastic was a party tried in the secular courts.

[Sidenote: Immunity from lay taxation.]

In seeking freedom from lay taxation the Church did not ask that her

members should escape their feudal obligations, nor even that they

should contribute nothing to the exigencies of the State. The desire

was merely that the clergy should be free from oppression and that the

Church should be so far as possible self-governing. Thus Alexander III

decreed in the third Lateran Council (1179), that for relieving the

needs of the community, everything contributed by the Church to

supplement the contributions of the laity should be given without

compulsion on the recognition of its necessity or utility by the

bishop and the clergy. Innocent III, in the fourth Lateran Council

(1215), provided a further safeguard against lay impositions in

demanding the permission of the Pope for any such levy. This does not

mean that the clergy escaped taxation at the hands of the State; it

merely means that while the Popes themselves heavily taxed them for

purposes which it was often difficult to describe as religious, the

price paid by the Crown for leave to tax the clergy was that a large

portion of the money should find its way to Rome.

[Sidenote: Tithes from the laity.]

The clergy were not content with this merely negative position.

Besides the right of self-taxation, they claimed that the laity should

contribute to the needs of the Church. The chief permanent source of

such contribution was the tithe, both the lesser tithes on smaller

animals, fruits, and vegetables, and the greater tithes on corn, wine,

and the larger animals. The Church also claimed tithes of revenues of

every kind, even from such divers classes as traders, soldiers,

beggars, and abandoned women. Much of the regular tithe had fallen

into the hands of laymen by gift from Kings to feudal tenants, or from

bishops to nobles and others, in return for military protection. These

alienated tithes Gregory VII tried to recover; but his need for the

help of the nobles against the Emperor forced him to stay his hand.

The third Lateran Council (1179) forbade, on pain of peril to the

soul, the transfer of tithes from one layman to another, and deprived

of Christian burial any one who, apparently having received such a

transfer, should not have made it over to the Church. This was a

definite claim for tithes as a right of which the Church had only been

deprived by some wrongful act. But in the very next year (1180)

Frederick I, at the Diet of Gelnhausen, declared that the alienation

of tithes as feudal fiefs to defenders of the Church was perfectly

legitimate. Religious scruples, however, seem to have caused the

surrender of tithes by many lay impropriators, especially to

monasteries.

[Sidenote: Bequests.]

There were many other sources of wealth to the Church. An enormous

quantity of property was bequeathed to pious uses by testators. The

attendance of the clergy at the death-bed gave them an opportunity of

which they were not slow to make use. The bodies of those who died

intestate, as of those unconfessed, were denied burial in consecrated

ground; all questions concerning wills were heard in the

ecclesiastical courts. The civil power attempted to check the freedom

of death-bed bequest, especially in Germany, where it was held that a

valid will could only be made by one who was still well enough to walk

unsupported. Another common source of revenue came from purchases or

mortgages or other arrangements made with crusaders, in which

advantage was taken of the haste of the lay men to raise funds for

their expedition.

[Sidenote: Wealth of the Church.]

From these and other sources the wealth which poured in upon the

Church was enormous. Individual gifts in money or in kind as

thank-offerings on all sorts of occasions reached no small of the

total; while no religious ceremony, from baptism to extreme unction

and burial, could be carried out apart from the payment of an

appropriate fee. The clergy constantly complained of spoliation, and

no doubt individuals suffered much. The very laymen who, with the

title of advocates, undertook to defend a cathedral or a monastery

were often its worst robbers. But the endowments and revenues of the

Church were so extensive as to raise in the minds of many reformers

the question whether they were not largely responsible for her

corruptions.

[Sidenote: Immunity from lay jurisdiction.]

The clergy also sought freedom from the jurisdiction of the secular

courts; in other words, the Church claimed exclusive cognisance in her

own tribunals of all matters concerning those in Holy Orders. The

_Decretiun_ of Gratian--the text-book of Canon Law--laid it down

that in civil matters the clergy were to be brought before a civil

judge, but that a criminal charge against a clerk must be heard before

the bishop. Urban II, however, declares that all clergy should be

subject to the bishop alone, and the Synod of Nimes (1096), at which

he presided, stigmatises it as sacrilege to hale clerks or monks

before a secular court. Alexander III (1179) threatens to

excommunicate any layman guilty of this offence; while Innocent III

points out that a clerk is not even at liberty to waive the right of

trial in an ecclesiastical court in a matter between him and a layman,

because the spiritual jurisdiction is not a matter personal to

himself, but belongs to the whole clerical body. Finally Frederick II,

on his coronation at Rome in 1220, forbade any one to dare to indict

an ecclesiastic on either a civil or a criminal charge before a

secular tribunal. But meanwhile the frequent perpetration of violent

crimes by those who wore the tonsure made it imperative in the

interests of social order that the Church should not be allowed to

defend these criminals in order to save her own interests.

The fiercest struggle took place in England. Henry II did not deny the

right of the Church to jurisdiction over her members; but he demanded

that clerks found guilty of grave crime should be unfrocked by the

ecclesiastical court, and that then, being no longer clerks, they

should be handed over to the royal officers, by whom they should be

punished according to their deserts. Archbishop Thomas Becket answered

that it was contrary to justice and the Canon Law that a man should be

punished twice for the same offence; that the punishment by the Church

involved the offender's damnation and was therefore quite adequate;

and that finally he himself was officially bound to defend the

liberties of the Church even to the death. Henry II attempted to solve

the difficulty by issuing the Constitutions of Clarendon (1164), the

third clause of which decreed that the royal officer should determine

whether any matter in which a clerk was concerned should be tried in

the secular or the ecclesiastical court, and that even if it went to

the latter, the King's officer should be present at the hearing. As

the price, however, of his reconciliation with the Papacy after

Becket's death, Henry was obliged to withdraw the Constitutions.

The position of the Church on this question was clearly stated by Pope

Celestine III in 1192. If a clerk had been lawfully convicted of

theft, homicide, perjury, or any capital crime, he should be degraded

by the ecclesiastical judge; for the next offence he should be

punished by excommunication, and for the next by anathema; then, since

the Church could do no more, for any subsequent offence he might be

handed over to the secular power to be punished by exile or in any

other lawful manner. This, of course, was a direct licence to the

ill-disposed clergy to commit more crimes than were allowable for a

layman; but the laity had to proceed cautiously in opposing it. In

1219 Philip II of France demanded that a clerk who had been degraded

should not be protected by the Church from seizure outside

ecclesiastical precincts by the royal officers with a view to his

trial in a secular court. But here again, both at his coronation as

Emperor in 1220 and again in the code of laws drawn up for his kingdom

of Sicily in 1231, Frederick II confirmed the privileges of the Church

in the matter of jurisdiction. On the latter occasion, however, he did

reserve cases of high treason for the royal court. Almost the only

immediate effect of these protests on the part of the State was that

Popes and Councils enjoined on the ecclesiastical courts greater

severity of treatment of offenders, even to the extent of perpetual

imprisonment in the case of those whom the lay tribunals would have

condemned to death.

[Sidenote: Increase of ecclesiastical jurisdiction.]

But this exclusive jurisdiction in all matters that concerned her own

members was only a part of the authority claimed and exercised by the

Church in the sphere of justice. Synods of the clergy did not hesitate

to take part in the enforcement of civil law and order, and threatened

with severe ecclesiastical penalties all who did not observe the Truce

of God, or who were guilty of piracy, incendiarism, or false coining.

At one time they attempted thus to suppress usury and trial by ordeal,

which at other times they allowed. They even legislated against

tournaments and against the use of certain deadly weapons in battle by

one Christian nation against another. But apart from the special

circumstances which called out and so justified the legislation, the

Church claimed at all times jurisdiction over certain classes of lay

persons and in certain categories of cases. Thus all persons needing

protection, such as widows, minors, and orphans, came under the

cognisance of the ecclesiastical courts, and to these the Popes added

Crusaders. Furthermore, all cases which could be regarded as in any

way involving a possible breach of faith were also claimed as

belonging to the jurisdiction of the Church, and these included

everything concerning oaths, marriages, and wills. Naturally the

Church had cognisance of all cases of sacrilege and heresy. These

excuses for interference in the transactions of daily life were

susceptible of almost indefinite extension, especially since the

Church asserted a right to hear cases of all sorts in her courts on

appeal on a plea that civil justice had failed. Even so stout a

champion of the Church as St. Bernard complains bitterly that all this

participation in worldly matters tends to stand between the clergy and

their proper duties. The secular powers constantly protested. Even

when Alfonso X in his legal code allowed that all suits arising from

sins should go to ecclesiastical courts, the Cortes of Castile

constantly protested. The chief attempts to check the growth of

ecclesiastical jurisdiction were made in France. Even under Louis IX

the barons combined to resist the encroachments of the Church, and

resolved that "no clerk or layman should in future indict any one

before an ecclesiastical judge except for heresy, marriage, or usury,

on pain of loss of possessions and mutilation of a limb, in order

that," they add with a justifiable touch of malice, "our jurisdiction

may be revived, and they [the clergy] who have hitherto been enriched

by our pauperisation may be reduced to the condition of the primitive

Church, and living the contemplative life they may, as is seemly, show

to us who spend an active life miracles which for a long time have

disappeared from the world."

[Sidenote: Simony.]

The result, then, of the efforts of the Church reformers to free the

Church from the State had been an enormous increase in the power of

the Church. But these efforts were in the beginning only a means to an

end, and that end was the purification of the Church itself. We have,

therefore, to ask how far the attempts to get rid of simony and to

enforce the celibacy of the clergy had met with permanent success.

Before the movement in favour of reform the traffic in churches and

Church property was indulged in by laity and clergy alike. Not only

Kings and nobles but bishops and abbots received payments from those

who accepted ecclesiastical preferment at their hands, and were by no

means always careful that ecclesiastical offices were acquired by

those in Holy Orders. Church property, in fact, was treated by those

who represented the original donors as if it were the private property

of the patron. The reform movement of the eleventh century, at any

rate, succeeded in making a distinction between the right of ownership

and the right of presentation, and in limiting the power of the patron

to the latter. Beyond this nothing much was permanently effected in

checking the traffic in things ecclesiastical. Preferment continued to

be used as patronage: offices and dignities in the Church were given

to children, and preferments were accumulated upon individuals until

pluralities became a standing grievance. Councils and Popes still

thundered against simony, but with the extending authority of Rome the

staff of the papal curia was increased, and the traffic in things

ecclesiastical at Rome was notorious.

[Sidenote: Clerical marriage.]

The efforts of the reformers in checking clerical marriage had not

been much more successful. The law now stood as follows: the first two

Lateran Councils (1123, 1139) prohibited matrimony to priests,

deacons, and sub-deacons; but to those only in one of the three minor

orders of the Church it was still allowed, although Alexander III

ultimately decreed that marriage should cause them to forfeit their

benefice. It was some time, however, before these decrees could be

enforced, and even the Popes found themselves compelled to deal

leniently with offending clergy. Thus Pascal II allowed to Archbishop

Anselm that a married priest not only might, but must, if applied to,

minister to a dying person. Attempts were made to forbid ordination to

the sons of priests, at least as secular clergy, but such regulations

were constantly relaxed or ignored. Pascal II actually allowed that in

Spain, where clerical marriage had been lawful, the children should be

eligible for all secular and ecclesiastical preferment. In the remoter

countries of Europe--the Scandinavian lands, Bohemia, Hungary,

Poland--the decrees against clerical marriage were not accepted until

far into the thirteenth century. Even in part of Germany, notably the

diocese of Liege, the clergy continued openly to marry until the same

century. But even in countries where the principle was nominally

accepted it triumphed at the expense of morality. For example, in

England the decree was published in Council after Council throughout

the twelfth century and was undoubtedly accepted as the law. But in

1129, after the death of Anselm, who had opposed the expedient, Henry

I imprisoned the "house-keepers" of the clergy in London in order to

obtain a sum of money by their release. Furthermore, both in England

and elsewhere, bishops finding it impossible to enforce the decree,

frankly licensed the breach of it by individual clergy in return for

an annual payment. It is interesting to note that several important

writers of the age speak with studied moderation on this question. The

great lawyer Gratian admits that in the earlier period of the Church

marriage was allowed to the clergy. The Parisian theologian, Peter

Comestor, publicly taught that the enforcement of the vow of celibacy

on the clergy was a deliberate snare of the devil. The English

historians, Henry of Huntingdon, Matthew Paris, and Thomas of

Walsingham, speak with disapproval of the attempts to enforce it, and

even St. Thomas Aquinas holds that the celibacy of the secular clergy

was a matter of merely human regulation. Thus the protest of the

reformers of the eleventh century in favour of purity of life among

the clergy had met with the smallest possible success, but like all

such protests, it helped to keep alive the idea of a higher standard

of personal and official life until such time as secular circumstances

were more favourable.

The Church and the Empire Being an Outline of the History of the Church from A.D. 1003 to A.D. 1304 · 第 4 / 17 章