The Age of Reason - D. J. Medley (free novels .txt) 📗

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.

CHAPTER V CANONS AND MONKS

[Sidenote: Secular canons.]

So far, in speaking of the attempted purification of the Church in the eleventh century, we have dealt merely with the bishops and the parochial clergy. But a movement which emanated from the monasteries had a message also for those ecclesiastics who were gathered into corporate bodies, and whom we have learnt to distinguish respectively as canons and monks. Of these the canons were reckoned among the secular clergy; for although they were supposed to live a common life according to a certain rule, their duties were parochial, and they were not bound for life to the community of which they were members. The body of canons was called a chapter, and of chapters there were two kinds—the cathedral chapter, whose members served the Mother Church of the diocese, and, as we have seen, ultimately obtained the nominal right of electing the bishop; and the collegiate chapter, generally, though not always, to be found in towns which had no cathedral, the members of which, like those of a modern clergy-house, served the church or churches of the town. In the eighth century these communities were subjected to a rule drawn up by Chrodegang, Bishop of Metz, in accordance with which they were required to sleep in a common dormitory, feed at a common table, and assimilate themselves as far as possible to monks. But in the two succeeding centuries there was no class of clergy which fell so far from the ideal as the capitular clergy. They were important and they were wealthy, for the cathedral chapters claimed to share with the bishop in the administration of the diocese, and both kinds of chapters owned extensive lands. In some of the more important chapters great feudal nobles had obtained for themselves the titular offices; in nearly all such bodies some, if not most or even all, of the canonries came to be reserved for younger members of the noble families. The common property was divided into shares, between the bishop and the body of the canons and between the individual canons: many of the canons employed vicars to do their clerical duty, and some even lived on the estates of the capitular body, leading the existence of a lay noble. Even those who remained on the spot had houses of their own round the cloister, where they lived with their wives and children, using the common refectory only for an occasional festival.

[Sidenote: Canons Regular.]

Thus no body of ecclesiastics stood in need of thorough reform more than the capitular clergy, and no class proved so hard to deal with. Attempts to substitute Cluniac monks for canons roused the opposition of the whole body of secular clergy. More successful to a small degree was the plan of Bishop Ivo of Chartres and others to revive among the capitular bodies the rule of common life. But it was difficult to pour new wine into old bottles, and the reformers found it more profitable to leave the old capitular bodies severely alone, and to devote their efforts to the foundation of new communities. To these were applied from the very first a new rule for which its advocates claimed the authority of St. Augustine. It laid upon the members vows of poverty, chastity, and obedience, and placed them under an abbot elected by the community of canons. Such was the origin of the Augustinian or Austin Canons, who came to be distinguished as Regular Canons, and are to be reckoned with monastic bodies, in comparison with the old cathedral and collegiate chapters, who were henceforth known as Secular Canons. These bodies of clergy, who combined parochial duties with what was practically a monastic life, became exceedingly popular; and by degrees not only were