The Church and the Empire - D. J. Medley (first color ebook reader txt) 📗

[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 _cong�

d’�lire_ 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