[Sidenote: Fredericks's chance.]
The death of the anti-Pope was a further blow to Frederick's cause, for the action of his representative in Italy committed him to recognise a second anti-Pope and laid him open to the accusation of desiring to perpetuate the schism. It seemed, however, as if his chance had come when the quarrel between Henry II and Thomas Becket drove the English Archbishop to take refuge with the Pope at Sens. Alexander was in a difficulty. Henry was perhaps the most powerful monarch in Europe, and his support was of the utmost importance to the Pope. But the rights for which Thomas was contending were part of the rights which Alexander himself was claiming against the Emperor—the right of the Church to manage her own concerns without lay interference. While, therefore, prudence forbade him to throw down a distinct challenge to the English King, it was impossible that he should comply with Henry's demand for the condemnation of the refractory Archbishop. Frederick took advantage of Henry's ill-humour to propose a marriage alliance between the royal houses and to sound Henry on the question of a change of alliance. The marriage thus arranged—of Frederick's cousin, Henry the Lion, to Henry II's daughter—ultimately took place. But both clergy and people in England were for the most part in sympathy with Becket and unwilling to prolong the schism. The altars used by Frederick's envoys in England were purified after their departure; and although Henry's representatives appeared at the Diet of Würzburg in May, 1165, and even took an oath to acknowledge the anti-Pope, the English King did not dare to ratify their action.
[Sidenote: Frederick's momentary triumph.]
Nor was this the only time when success seemed possible to Frederick. This failure to move the English allegiance and the defection of a number even of the German clergy emboldened Alexander to assume the aggressive, and he ventured to leave France and to take up his abode at Rome. (December, 1165.) Again the discontents of Lombardy were the occasion for the Emperor's visit. In the autumn of 1166 he crossed the Alps, and after spending some months in Lombardy he forced an entrance into Rome, enthroned his own Pope in St. Peter's, and himself wore his imperial crown. Frederick refused to treat with Alexander except on the basis of the resignation of both existing Popes and the election of a third. Alexander's position was unbearable and he fled to Benevento. The Romans accepted Frederick as their lord. The Emperor's triumph seemed complete: Charlemagne's successor had indeed arrived. But the triumph was short-lived. The summer pestilence, which so often attacked a German army in Italy, fell more fiercely than ever before. Frederick fled northwards before it, and found so much hostility in Lombardy that it was only by bypaths and in disguise that he was able to make his way out of Italy.
[Sidenote: The Lombard League.]
It was seven years (1167-74) before Frederick was able to return to Italy; and although by that time his position in Germany was unquestioned and the mutual relations of Louis VII and Henry II precluded any likelihood of interference from France or England, the Italian foes of the Emperor had gathered strength and combined their forces. Chief among these were the cities of Lombardy. Divided as they were into imperialist and anti-imperialist, or, to use the terms coming into vogue, Ghibelline and Guelf, they at first followed no common policy. Milan had taken the lead of the anti-imperialists. After the destruction of Milan a league formed by the cities of the Veronese March helped to force Frederick for a time to abandon his designs upon Italy (1164). During his expedition of 1166-7 a Lombard League sprang up and coalesced with the Veronese League; a common organisation was set up, Milan was restored, many of the staunchest imperial towns were forced to become members, and the crowning work of the League was the foundation of a common stronghold which in compliment to the Pope was named Alessandria.
[Sidenote: Alliance with the Pope.]
The real danger to the Emperor came from alliance of this League with the Pope. The Lombard cities were the Pope's natural enemies. Some of them were the rivals of Rome—Pavia as the capital of the kingdom of Italy; Milan the quondam champion of the cause of the married clergy; Ravenna as the rival patriarchate in Italy. Strong local feeling made them resent all outside interference, of Pope no less than of Emperor.
It was among these free, self-governing communities that heresy found its chief adherents. But for the moment the common danger from the Emperor overshadowed all other differences. The old imperial rights which Frederick designed to recover included the power of appointing local officers whether consuls or bishops. Alone, neither Pope nor Lombard cities could look for success. In 1162, when all the cities fell before Frederick, Alexander remained practically untouched. But although his position was immensely strengthened since then, experience had shown that the Pope could not hold his own in Italy or Rome without the help of some secular power. At the same time, in Europe at large he had proved a most potent force, since he wielded weapons which were independent of time and place for their action, and such as the most powerful secular prince had found it impossible to ignore. It was under direct encouragement from Alexander that the cities concluded their League in 1167. Before the next imperial expedition it had become all-powerful in Northern Italy; not only the chief Ghibelline cities, including Pavia itself, had joined, but even the remaining feudal nobles had found it impossible to stand outside.
[Sidenote: Submission of Henry II.]
Nor was this Alexander's only triumph. So long as Archbishop Thomas Becket remained unreconciled to Henry II, the English King had done all in his power to influence Alexander. A marriage alliance was carried out between the royal families of England and Sicily, solely with the object on Henry's side of neutralising one of the chief papal supporters, and Henry scattered his bribes among the Lombard cities with the same intent. But the reconciliation to which the attitude of his own people forced Henry in 1170 robbed him of all excuse for harassing the Pope, and the murder of the Archbishop by four of the King's knights in Canterbury Cathedral isolated Henry and forced him to a humiliating treaty with Alexander.
[Sidenote: Final failure of Frederick.]
Frederick entered Italy in 1174 with small chance of success, for his army was composed of mercenaries, and many of the leading German nobles, notably his cousin Henry the Lion, refused to accompany him. He exhausted all the resources of his military art in a vain attempt to take the new fortress of Alessandria. The jealousies within the League made negotiations possible, but these broke down because Frederick refused to recognise Alessandria as a member of the League or to include Pope Alexander in any peace made with the cities. But the end was at hand. When at length the forces met at Legnano on May 29, 1176, the militia of the League won a decisive victory. All possibility of direct coercion was gone, and Frederick was forced to consider seriously a change of policy. His only chance of good terms lay in dividing his enemies. He applied to Alexander, who refused to separate his cause from that of his allies, though he allowed that the terms might be arranged in secret. This was done. Frederick undertook to recognise Alexander and to restore all the papal possessions. For the allies, peace would be made with Sicily for fifteen years; the Lombards should have a truce for six years. After much negotiation Venice was agreed upon for a general congress of all the parties to the contest, and Frederick was forced to promise that he would not enter the city without the Pope's consent. Up to the last he hoped that mutual suspicion would divide his allies. But the terms of peace were agreed upon among the allies on the bases already mentioned; then Frederick was admitted into Venice, and a dramatic reconciliation between Pope and Emperor was enacted (July 25, 1177). Frederick returned to Germany at the end of the year.
[Sidenote: Triumph of Alexander.]
The schism was over, the anti-Pope submitted, and Alexander's conciliatory policy opened the way for his return to Rome. The Pope signalised the close of the long schism of eighteen years by gathering in 1179 a General Council, distinguished as the Third Lateran Council, to which came nearly a thousand ecclesiastics from various parts of Christendom. The chief canon promulgated placed the papal election exclusively in the hands of the cardinals, and ordained that a two-thirds majority of the whole College should suffice for a valid election. During the rest of his reign Alexander was occupied in mediating between Henry II and his sons, and between Henry and Louis of France. He died, again an exile from Rome, on August 30, 1181. His long pontificate is one of the most eventful in papal history. He was matched against an opponent who not only aimed at reviving the imperial claims, but was himself a man of imperial character. The difficulties of the situation might have seemed overwhelming. Where Gregory VII failed Alexander succeeded. Tact, not force, was the quality required. The infinite patience and long tenacity of Alexander met their reward. The Emperor was forced to violate the solemn oath he had sworn at Wurzburg in 1165, never to acknowledge Alexander or his successors, and never to seek absolution from this oath. The Pope had successfully asserted his claim to the civil government of Rome and to many other purely temporal possessions.
[Sidenote: Frederick's new move.]
Once more Frederick crossed the Alps. He had crushed his formidable cousin, Henry the Lion, and banished him from Germany; he had turned the truce with the Lombards into the Peace of Constance by acquiescing in the loss of the imperial rights for which he had fought. His eldest son, Henry, had been crowned King of Germany as long ago as 1168. Frederick was now anxious to secure for him the succession to the imperial title, and hoped to find the Pope willing to crown Henry as his father's colleague in the Empire. But although Lucius III, Alexander's successor (1181-5), had been driven from Rome, and was dependent on the Emperor's help, it was impossible for him or for any Pope to agree to Frederick's wish. Two emperors at once were a manifest absurdity, and Frederick was not likely to accept the Pope's suggestion that he should resign in favour of his son. Moreover, there lay between Pope and Emperor the still unsettled question of the inheritance of the Countess Matilda. It was clear that the quarrel must shortly be renewed. By the nature of the respective claims there could never be more than a temporary truce. Lucius died, but his successor, Urban III, was yet more irreconcilable. Meanwhile Frederick had resolved on an act which would make the breach between Papacy and Empire irreparable. The King of Sicily was William II "the Good." His marriage to a daughter of Henry II of England (1177) had proved childless, and the succession seemed likely to fall to Constance, daughter of King Roger and aunt of the reigning King. She was over thirty years of age. Frederick's defeat in 1174 had been due to his failure to divide his enemies. Now, however, he had his chance. The Lombards, having got all that they wanted, were quite favourable to him. He planned to win Sicily also by a marriage between his youthful son Henry and the almost middle-aged heiress Constance. A party in Sicily helped him; and the marriage and the coronation of the happy pair as King and Queen of Italy took place at Milan in January, 1186. Not only had the Emperor knocked away the staff upon which the Papacy had been disposed to lean its arm for more than a century; but he had actually picked it up and proposed to use it in the future for the purpose of belabouring the Popes. Moreover, he had really secured his object of a hereditary empire; for Henry, now King with his father in Germany and in Italy, must needs succeed to all the paternal honours. In vain Urban tried to raise up a party against the Emperor; and the sentence of excommunication, which at length he had determined to pronounce, was stopped only by the death of the Pope on October 20, 1187.
[Sidenote: Frederick's death.]
It was, however, chance and not the policy of the Emperor that averted the inevitable conflict. On July 5 the Christians of Palestine had suffered a crushing defeat at the battle of Hittim or Tiberias at the hand of Saladin, and on October 3 the Mohammedan conqueror entered Jerusalem. The quarrel was necessarily suspended, and a new crusade was preached with such success that in May, 1189, Frederick set out for Palestine, to be followed a year later by the Kings of France and England. But the Emperor never reached the Holy Land. He made his way by Constantinople and Iconium into Cilicia, and there not far from Tarsus he disappeared, apparently drowned while crossing or bathing in a river.
[Sidenote: The new contest.]
With the great Emperor's death the contest between Papacy and Empire enters on a new phase. It is typical of this phase that the one outstanding question between the two powers after the Peace of Venice was the question of Tuscany. For the quarrel was now almost entirely political, and was becoming more and more confined to Italian politics. The imperial attempt to subdue Italy to Germany had failed, and it remained for the Emperor to make it impossible for the Pope to live at Rome except as a dependant of the German King. With Tuscany, Lombardy, and Sicily under the imperial control, there was no room for papal action in Italy. In a contest of abstract principles the Emperor had entirely failed to subdue the Pope; and the interest and importance of the contest between Frederick and Alexander lay in the fact that each was the representative of an idea. This is no doubt the reason why Frederick's failure did not damage his prestige. But he had learnt that he could not set the abstract claims of the Empire against those of the Papacy. The former did not appeal to any one beyond the limits of Germany; whereas the latter could count on sympathy in every country of Western Europe. Frederick, therefore, made no more appeals to Europe. His disputes with the Papacy were now individual matters: they were contests of policy, not of principle, and he would not hesitate to turn circumstances to his advantage. Perhaps, fortunately for Frederick's reputation, he did nothing more than inaugurate this policy. But it was a policy which essentially suited the peculiar genius of his successor.
[Sidenote: Henry VI.]
As soon as Frederick had started for Palestine Henry was plunged in difficulties. Henry the Lion returned from banishment and raised a disturbance. A few months later William II of Sicily died, and Pope Clement III (1187-91) immediately invested with the kingdom Tancred, Count of Lecce, an illegitimate member of the Hauteville family, who had been elected by the party opposed to the German influence. On the top of these difficulties came the news of Frederick's death. There was thus a double reason for an expedition to Italy—Henry must assert his wife's claim to the throne of Sicily, and he must do this without quarrelling with the Pope, from whom he must obtain the imperial crown. His first expedition was only a formal success. Pope Celestine III (1191-8), who took office just after Henry entered Italy, dared not refuse to crown him emperor, nor could he prevent Henry from either courting the Roman Commune with success or prosecuting his claim to the Sicilian crown. But Henry failed before Naples: his army was decimated by the plague, and his wife fell into Tancred's hands.
[Sidenote: His success in Italy.]
This ill-success revived the Guelf opposition in Germany, whose most powerful supporter was Henry the Lion's brother-in-law, Richard of England. Richard on his way to Palestine had made an alliance with Tancred against the common Hohenstaufen enemy. But returning from crusade Richard fell into the hands of Leopold of Austria. Leopold was forced to hand him over to the Emperor, and the anti-Hohenstaufen alliance fell to pieces. For whatever reason, Henry kept the English King for more than a year, and turned a deaf ear to the papal remonstrances against his detention of a crusader. Fortified by the failure of the threatened combination against him, and by the money from Richard's ransom, Henry returned to Italy. Fortune favoured him at every turn. Since he left Italy Tancred and his eldest son had died, and Henry found no difficulty in getting hold of the youthful son of Tancred, who had been placed upon the throne under his mother's regency. Apulia and Sicily were overrun. The toils were closing round the Pope. Celestine had excommunicated all concerned in Richard's imprisonment until they should have restored his ransom. Thus by implication Henry was excommunicate. The money had been spent in subduing the papal fief of Sicily; while Henry further made his brother Philip Marquis of Tuscany, and planted his followers about in the lands of the Church. Yet Celestine did not dare to pronounce the fatal sentence against the Emperor directly.
[Sidenote: His imperial schemes.]
Henry meditated one more step which would have rendered the Pope powerless. Frederick, with the mere prospect of the Sicilian succession for his son, desired to make the imperial title hereditary; much more was Henry, the active sovereign of Sicily, anxious to accomplish this. The lay princes could have been bribed to consent by the recognition of hereditary succession to their fiefs. But the German ecclesiastics, with the Pope at their back, had no desire to increase the power of the Emperor, and the utmost that Henry could secure was the election as German King, and therefore King of the Romans, of his two-year-old son Frederick.
[Sidenote: His death.]
Henry's projects stretched out beyond the lands under his rule. The death of Saladin encouraged the idea of a new crusade. Henry as crusader might propitiate the Pope. But such an expedition once started might have been diverted, as indeed happened a few years later, for an attack upon Constantinople, which should lead to the union of both empires under the ambitious Hohenstaufen. Pretexts were not wanting. Henry collected a number of German crusaders upon the coast of Italy, and many of these had actually sailed for Palestine when everything was changed by Henry's sudden death on September 28, 1197. He had reigned eight years, and was only thirty-two years of age. Despite his youthful age and his short reign he had raised the imperial power to a height which it had scarcely ever touched before and which it was never to reach again. Endowed with ability at least equal to his father's, his very selfishness and ruthlessness gave him a success denied to his predecessor. All Henry's acts were associated with his own aggrandisement, and the result shows that the Papacy no less than the Empire was dependent for its influence chiefly upon the personality of the holder of the office. Henry had to deal at Rome with Popes of inferior capacity. Had Innocent III been elected a few years earlier, the tragedy of Anagni—the maltreatment of Boniface VIII by the emissaries of the King of France—might have been anticipated by a century.
[Sidenote: The new Pope.]
Celestine III died less than four months after the Emperor Henry VI, and the centre of interest immediately shifted from the Empire to the Papacy. For, in their desire to shut out the Roman clergy and people from any share in the election, the Cardinals made haste to find a successor. As it happened, the object of their choice was also the favourite of the Roman people. Lothair of Segni was the youngest of the Cardinals, being only thirty-seven years of age. He was sprung from a German family which had settled in the tenth century in the Campagna. He had studied in Paris and Bologna, and had been made Cardinal by his uncle, Clement III. Celestine was of the rival family of Orsini, and during his reign the young Cardinal remained in retirement and consoled himself by writing a book on theDespite of the World. Thus he was young, noble, wealthy, and distinguished. He showed his power of self-control at once by doing nothing to shorten the canonical time before his consecration as priest and bishop; while the magnificence of the coronation ceremonies typified the view which he took of the office and position.
[Sidenote: The condition of Europe.]
The work of Innocent III was European in importance, and he found his opportunity in the disturbed condition of the time. The rivalry of Ghibelline and Guelf in Germany and Italy, and the rivalry of the houses of Capet and Plantagenet in France, forbade any concerted action on the part of Christendom, whether against pagans on the eastern frontier of Germany or against Mohammedans in Spain or Syria. Hungary and Poland were both in a state of ferment; in Spain the Almohades from Morocco were making serious advances. Saladin's death might seem to offer a peculiarly favourable chance of recovering for Christendom what had been so recently lost. But the Empire was divided; England and France neutralised each other, the Eastern Empire was weakened by the success of an usurper, the knightly orders were quarrelling with each other. And this state of disunion was not the most dangerous feature of the moment. The moral condition of Europe was seldom worse. Philip of France had repudiated his Danish wife, Ingebiorg, apparently for no more valid reason than that he liked some one better; Alfonso of Castile took his own half-sister to wife. Oriental manners, imported from Palestine or learnt from commercial intercourse in the Mediterranean, seemed to be invading the furthest regions of the West. Perhaps to the same influence may be attributed the spread of religious heresies. Much of this was provoked by direct antagonism to a powerful and corrupt Church; but the actual form assumed by the positive beliefs of those who organised themselves apart from the Catholic Church were largely Oriental in character.
Everything combined to encourage Innocent's interference, and it may be pointed out at once that his success was largely due to the selfish ambitions and desires of the lay princes, which enabled him to pose as the undoubted representative of moral force organised in the Church. In all his most important acts he was the mouthpiece of popular opinion. Thus his contest with Philip of France in favour of the repudiated Ingebiorg commanded the sympathy of every right-thinking person in Europe; his desire for the separation of Italy and Germany under different rulers was popular in Italy; while to attempt an union of the Churches of East and West, to crush out heresy in the south of France and elsewhere, to promote a new crusade in the East, were all regarded as duties falling strictly within the papal sphere.
[His claim for the Papacy.]
The importance of this great activity lies in the fact that it was based upon the most advanced theories of papal power. It was the controversy over lay investiture which first caused the defenders of the Church to formulate their views of the sphere of ecclesiastical influence as against the influence of the secular authority. But the extreme claims put forward for the Papacy as the head of the Church, by Gregory VII and his followers, had provoked the counter definitions of the jurists of Bologna on behalf of the imperial power. But the claim of universal dominion by the Emperor was contradicted by facts, and never rose above the dignity of an academic thesis; whereas in the century which elapsed from the days of Gregory VII to those of Innocent III the papal power was becoming an increasing reality in the Church. It is indeed a little difficult to see wherein it was possible for any successor of Gregory VII to make an advance upon the claims put forward by that Pope. Gregory in fond of pointing out that the power of binding and loosing given to St. Peter was absolutely comprehensive, including all persons and secular as well as spiritual matters. Innocent tells the Patriarch of Constantinople that the Lord left to Peter not only the whole Church, but the whole world to govern. To the Karolingian age it was the Emperor who was the Vicar of God. The Church reformers, while attacking this title, do not seem to have claimed in words for the Pope a higher title than Vicar of St. Peter. Innocent, however, more than once asserts that he is the representative "not of mere man, but of very God." In fact, such development as is to be found in the papal office during the twelfth century consists merely in making rather more explicit positions which have already been asserted. Gregory, in writing to William the Conqueror, had used the figures of the sun and moon to illustrate the relations of Church and State. Innocent draws out the analogy in much detail: "As God, the builder of the universe, has set up two lights in the firmament of heaven, the greater light to rule the day and the lesser light to rule the night, so for the firmament of the universal Church, which is called by the name of heaven, He has set up two great dignities, the greater to rule souls, as it were days, and the lesser to rule bodies, as it were nights; and these are priestly authority and royal power. Further, as the moon obtains its light from the sun, seeing that it is really the lesser both in quantity and quality, and also in position and influence, so royal power obtains the splendour of its dignity from priestly authority." He points out on another occasion that "individual kings have individual kingdoms, but Peter is over all, as in fulness so also in breadth, because he is the Vicar of Him whose is the earth and the fulness thereof, the round world and they that dwell therein. Further, as the priesthood excels in dignity, so it precedes in antiquity. Both kingdom and priesthood," he allows, "were instituted among the people of God; but," he adds, "while the priesthood was instituted by divine ordinance, the kingdom came into existence through the importunity of man." Hence it is not strange that "not only in the Patrimony of the Church, but also in other spheres, we occasionally exercise temporal jurisdiction," for "he to whom God says in Peter, 'Whatsoever thou shalt bind on earth, etc.', is His Vicar, who is priest for ever after the order of Melchisedek, ordained by God to be judge of the quick and the dead."
[Sidenote: He secures power in Rome.]
But while the Pope assumed this all-embracing position, a considerable share of his energies was absorbed in a very small and purely selfish matter—the extension of the temporal dominion of the Papacy; and the use for this personal object of the great powers which men willingly acknowledged in the Pope as the upholder of the standard of morality greatly prejudiced the success of Innocent's policy elsewhere. In its origin this was a policy of self-preservation. The civil government of Rome was in the hands of a prefect representing the Emperor and a senator who was the spokesman of the Commune. The Pope was either a prisoner or a nonentity in his own capital. The Empire being in abeyance, it was not difficult to transform the prefect into a papal officer, but a greater triumph was the nomination of the senator, for it carried the ultimate control over the municipality, and thus undermined the power of the Commune, which had paralysed the papal influence in Rome for nearly sixty years. This signal victory was not gained without a struggle. The democratic party even drove the Pope from the city for a time; but by 1205, Innocent, by apparent concessions and the use of bribery, had won his end.
[Sidenote: Central Italy.]
Meanwhile an even more important movement had been accomplished. The centre of the peninsula outside the Patrimony of St. Peter was in the hands Of Henry VI's German followers. One was driven from Spoleto, another from Ravenna, and both these districts were added to the papal dominions. Tuscany had been made over to Henry VI's brother, Philip; but he went off to secure the German crown, and his subjects did homage to the Pope. There existed, however, a League of Tuscan cities, and the Pope, leaving to them their independence, merely accepted the office of President of the League. It was the addition of these substantial dominions to the lands of the Patrimony which, as between Pope and Emperor, effectually solved the question of the long-contested Matildan inheritance, and laid the foundation of the temporal dominions of the Papacy as they remained until 1860.
[Sidenote: South Italy.]
The German influence also threatened to be paramount in the south of the peninsula. For Henry VI, while giving to Queen Constance the nominal regency during the minority of their son Frederick, took care that the real authority should be in the hands of his German followers. Constance, however, had no desire for the continued union of the German and Sicilian crowns; and here she found a staunch supporter in the Pope. First with Celestine, and then with Innocent, she entered into close relations. Frederick took the old Norman oath of vassalage for his dominions; and when Innocent confirmed the title, he compelled Constance in return to surrender the ecclesiastical privileges connected with elections, legatine visits, appeals, and councils originally granted by Urban II to Count Roger of Sicily, and to promise an annual tribute. The Pope, however, aided her to clear her country of the Germans, many of whom he afterwards again hunted from Central Italy. It was natural, therefore, that on her death in November, 1198, Constance should commend her child to the guardianship of Innocent. Innocent himself was far too much occupied to take the personal direction of affairs, and eight years of incessant warfare (1200-8) were necessary before the German influence could be finally got rid of, and then Innocent secured his influence through a regency of native nobles under the presidency of his own brother.
[Sidenote: The contest in Germany.]
Even on the German side there was little need to anticipate that the two crowns of Germany and Sicily would remain united. The nobles were scarcely likely to keep their promise of crowning Henry's young son. He was a mere child, three years of age; not yet baptised, perhaps because his father was excommunicate; brought up in Italy and in the hands of Italians; a protégé of the Pope. Thus his uncle Philip was easily persuaded by the Hohenstaufen supporters in Germany to take the place intended for his nephew, and was chosen and crowned as King of Germany (March, 1198). But the enemies of the Hohenstaufen could not let the opportunity go by, and three months later, at the suggestion of Richard of England, they elected and crowned his nephew, Otto of Brunswick, a son of Henry the Lion of Saxony, whom Richard had made Count of Poitou and York. Thus was revived the struggle between Ghibelline and Guelf.
[Sidenote: Innocent's decision.]
Innocent undertook the decision of the question as a matter belonging to his sphere, "chiefly because it was the Apostolic See which transferred the Empire from the east to the west, and lastly because the same See grants the crown of the Empire." In the divided condition of Germany much depended on his attitude. It was scarcely likely that he would accept a Hohenstaufen who was lord of Tuscany. But Philip was the nominee of the most numerous and important section of the German nobles, while the death of Richard of England (1199) deprived Otto of his chief supporter. As Gregory VII on a similar occasion, so now Innocent delayed his decision between the rivals until he could make up his mind that Otto had some chance of success. Meanwhile he did everything to prejudice the minds of the German people against Philip, who, as the holder of lands claimed by the Papacy, was already excommunicate. After three years of deliberation Innocent declared himself. Otto paid a heavy price for the decision in his favour. By the Capitulation of Neuss (June, 1201) he swore to protect to the utmost all the possessions, honours, and rights of the Roman Church, both those which it already held and those which he would help it to recover. The extent of land was defined as including not only the Patrimony of St. Peter (from Radicofani to Ceperano), but also the Exarchate, the Pentapolis, the March of Ancona, the Duchy of Spoleto, and the territories of the Countess Matilda.
[Sidenote: Innocent III and Philip Augustus of France.]
But in the course of the next few years Innocent was obliged to take up a totally different attitude in this struggle in consequence of disappointments elsewhere. There were two such which fell especially heavily upon him during the first half of his reign. He inherited from his predecessor a quarrel with Philip Augustus of France. Philip lost his first wife in 1190; in 1193 his designs against England caused him to marry Ingebiorg, a sister of the King of Denmark. Immediately after the marriage he took a dislike to her, refused to live with her, and obtained from an assembly of his own clergy a sentence of divorce, founded on an allegation of some very distant relationship between him and his new wife. Ingebiorg and her brother appealed to Pope Celestine III, who declared the sentence of divorce illegal and null. Philip not only paid no attention to the numerous letters and legates of the Pope, but he tried to make the divorce irrevocable by taking a new wife. After several rebuffs he found in Agnes of Meran, the daughter of a Bavarian noble, one who was willing to accept the dubious position (1196). Innocent III at once took up an uncompromising attitude, and instructed his legates that if Philip refused to send away Agnes and to restore Ingebiorg, they should put the kingdom under an interdict preparatory to a sentence of personal excommunication against Philip and Agnes themselves. Those bishops who dared to publish the interdict were seriously maltreated by the King; but after nine months of resistance the distress of his people at the cessation of religious services caused him to submit; he pretended to take back Ingebiorg, and the interdict was raised (1200). But he did not send away Agnes, and a renewal of the interdict was only averted by Agnes' death in 1201. Innocent, desiring to be conciliatory, actually declared Agnes' two children legitimate. Philip still, however, pressed for a divorce from Ingebiorg, declaring that he was bewitched by her. After his victory over John of England in 1204 he became more than ever obdurate to papal remonstrances, and he even contemplated a new marriage. Innocent was not in a position to drive him to extremes, and was obliged to temporise for a time. Eventually, however, he reduced Philip to submission.
[Sidenote: The Fourth Crusade.]
But Innocent suffered more definite defeat in the matter of the Crusade. The crusading fervour had much diminished, and it has been pointed out as characteristic of the age that a fourth crusade was determined on at a tournament in Champagne in 1199. Celestine III had vainly tried to rouse the interest of Europe, but the preaching of Fulk, the priest of Neuilly, recalled the efforts and the success of Peter the Hermit and St. Bernard. Innocent III lent his whole influence to the enterprise. But from the first everything seemed to go contrary to his wishes. The death of Theobald of Champagne (1201), who was the papal nominee for the leadership, placed at the head of the crusaders Boniface, Marquis of Montserrat, an Italian and kinsman of Philip of France and a typical representative of the worst side of feudalism. From that moment Innocent lost all control over the expedition. Instead of going directly to the Holy Land, the barons decided to attack the Mohammedan power in Egypt—perhaps the sounder policy. They made an agreement with the Venetians to find the shipping for the host in return for a large sum of money. But the long delay caused many crusaders to set off to the Holy Land; so that when the main force arrived at Venice it was so diminished in numbers that the leaders could not raise the sum for which they had pledged themselves to Venice. Probably there was no deep-laid plot for the diversion of the crusading host from the first. But the Venetians suddenly found themselves with the practical direction of a formidable army; they had enemies in the Adriatic against whom they had hitherto been powerless; they had old causes of rivalry and enmity with Constantinople. At the same time King Philip of Germany was urging the cause of his brother-in-law, who had been deposed from the Byzantine throne. The crusaders, unwilling to disperse and unable to insist, allowed themselves to be diverted, first to an attack upon Zara, a nest of pirates in the Adriatic, although it belonged to the King of Hungary, who was himself a crusader; and then to Constantinople, which they ultimately captured (1204), and where they set up a Latin Empire. Innocent did everything to prevent this diversion of his cherished scheme. He forbade the attack upon Zara, he excommunicated the Venetians for going to Constantinople, and threatened the whole host with the same penalty. But he was powerless. The few in the army who were moved by some of the crusading spirit were overruled; and when the papal legates for the expedition to Palestine joined the army at Constantinople, all thought of going on to Palestine was abandoned. Innocent was forced to accept what was done and to console himself with the thought of the blow thus dealt to the Eastern Church.
[Sidenote: Innocent's difficulty.]
These rebuffs seriously diminished Innocent's influence in Europe for a time. Moreover, Innocent soon had reason to regret his championship of Otto. Philip was wealthy and personally popular, while Otto's brusquerie and selfishness alienated many supporters. Consequently from 1203 Philip distinctly obtained the upper hand, and at length in 1207 Innocent opened negotiations with him. But these were rendered futile when Philip fell victim to the assassin's knife in June, 1208. Otto's acceptance now became inevitable, and he did everything to conciliate his opponents. He submitted himself to a fresh election by the German nobles, and won the Hohenstaufen by marrying Beatrice, the daughter of his late rival. He made new concessions to the Pope, which practically amounted to a renunciation of the powers confirmed to the Emperor in the matter of elections by the Concordat of Worms; he undertook to give up the right of spoils and to help in the eradication of heresy. And all this he promised because he was "King of the Romans by the grace of God and of the Pope."
[Sidenote: Otto's designs.]
But Otto's acceptance was only the beginning of the end. He knew that he owed his position merely to the accident of Philip's death and to the absence of any eligible Hohenstaufen candidate. He had therefore no feelings of gratitude towards Innocent. Moreover, he was now surrounded by Ghibelline influences, and was anxious to be crowned emperor. Thus, despite his promises of 1201 and 1209, to recover to the Papacy all the lands and rights which it claimed, he began to realise that the task to which he must give himself was the restoration of the connection between Italy and Germany, which had been entirely broken since Henry VI's death. In fact, this Guelf prince took up the work of the Hohenstaufen. When, therefore, Otto and Innocent met in Italy a year later, Otto declined to give more than a verbal promise that after his coronation he would do what was right. Innocent, in return, did not refuse the crown indeed, but made a new departure in naming Otto Emperor without consecrating him as such, and thus denied to him the divinity of the imperial office (October, 1209).
[Sidenote: Otto's success.]
Otto immediately set to work. He recovered for the Empire all the lands of Central Italy which Innocent had already annexed to the papal dominions, including, of course, the Matildan inheritance; he made the Roman Prefect an imperial officer again; and entering into alliance with the German followers of Henry VI, who had never been entirely dislodged from the southern kingdom, he overran Apulia and prepared, by the aid of a fleet lent by Pisa, to pass over into Sicily. Innocent did everything in his power to check the conqueror. He excommunicated him (August, 1210); in conjunction with Philip Augustus of France, the old ally of Henry VI, he roused disaffection against Otto among the German nobles. Innocent was somewhat taken aback when Otto's subjects, finding that the Pope in his anathema had absolved them from their fealty to the King, held Otto as deposed, and proceeded to elect in his place the young Frederick Roger, Henry VI's son and the papal ward, who was already King of Sicily. This choice also threatened to produce that very union of Germany and Italy which Otto was bent on accomplishing. But the need of checking Otto forced Innocent to acquiesce, and Frederick did everything to allay the papal fears.
[Sidenote: Innocent and Frederick.]
Since Frederick could not stop Otto's progress in the south, it was arranged that he should go north to Germany in the hope of drawing Otto away. Before he left, Frederick had his young child Henry crowned, as an earnest that he did not intend to join the kingdom he was going to seek with that which he already held. He passed through Rome on his way north, and Innocent obtained from him a repetition of his liege homage for Sicily and a promise that the two kingdoms should be kept separate. In return Innocent gave him the title of "Emperor elect by the grace of God and of the Pope," and supplied him with money. Innocent thus hoped that he had taken every precaution to avoid the dangers which he feared, while Frederick, young and inexperienced, seems to have accepted the conditions willingly and to have intended to keep them. His ambition and the unexpected prospects thus opened to him led him on regardless of consequences.
[Sidenote: Otto's failure.]
Frederick's move was perfectly successful. Otto rushed back to Germany, and the death of his wife Beatrice did away with any obligations of loyalty which the partisans of the Hohenstaufen might have felt towards him. Frederick was elected and crowned (December, 1212), and renewed the old Hohenstaufen league with France. Otto turned for help to his uncle, John of England. John was excommunicate, but now made his peace with the Pope. Philip, at first encouraged by Innocent to attack England and then after John's submission forbidden to go, turned his arms against Flanders. A coalition was formed against him, and was joined by John and by Otto; but Philip's victory at Bouvines (July, 1214) broke up the coalition and put an end to Otto's hopes. For the four years of life which remained to him his power was confined to Brunswick.
[Sidenote: Frederick's acceptance.]
Meanwhile Frederick had, as it were, put the crown upon his work of submission to the Papacy. By the Golden Bull (July, 1213), he repeated the promises which Otto had made at Neuss in 1201 with the additions of 1209. In 1215 he went through a second and more formal coronation at Aachen, and took the cross in conjunction with a number of German nobles. In 1216 he further promised, in a formal deed, that in return for the imperial crown his son Henry should become King of Sicily, entirely independently from himself and under the supremacy of the Roman Church. Thus Frederick in his eagerness put himself completely in the hands of the Papacy.
[Sidenote: Innocent and England.]
Otto's cause had been linked with that of his uncle John, over whom Innocent won the greatest of his victories. On a vacancy in the see of Canterbury (1206) the right of election was disputed, as usual, between the monks of the monastery of Christchurch at Canterbury and the bishops of the province. King John thrust in his nominee. Innocent settled the matter by making an appointment of his own. But John refused to accept Stephen Langton; and Innocent proceeded to force his consent. In 1208 the country was laid under an interdict; and John treated the bishops who published it as Philip Augustus had treated the French bishops ten years before. In 1209 Innocent excommunicated John, and in 1212 declared him deposed. Despite the continued obstinacy of Philip of France in the matter of Ingebiorg, Innocent called upon him to execute the papal sentence; and Philip, thinking that the aid of Denmark would be useful, ended the twenty years' dispute and accorded to Ingebiorg the position of Queen for the rest of his reign. It was certainly a measure of the growing strength of the royal power in France that it had been able to defy the Papacy for so long in a matter in which the King was so clearly in the wrong. Philip's threatened attack brought John to his knees; and in 1213 he not only accepted Stephen Langton, but even surrendered his kingdom to the Papacy to receive it back as a papal fief, and undertook to pay an annual tribute. The sequel was not quite so satisfactory for Innocent. The surrender to the Pope and the defeat at Bouvines so enraged the barons and clergy in England that they combined to force John to sign Magna Carta (1215). But John was now under the protection of the Pope; and although Innocent's own archbishop took the lead in the movement against John, Innocent issued a bull in condemnation of the charter; but so long as John lived, even the interdict and excommunication which followed failed to move the barons. Innocent's successors reaped the benefit of his triumph in the influence which they were able to exert in England during the greater part of the reign of Henry III.
[Sidenote: Innocent's successes in Europe.]
Nor was John the only King who laid his crown at the feet of the Pope. Peter, King of Aragon, hoped to escape the claims of the King of Castile and the tyranny of his own barons by making his kingdom tributary to the Papacy. Prince John of Bulgaria actually asked for and obtained a royal crown from Innocent. The struggles of Sancho, King of Portugal, to free himself from the submission made by a predecessor ended in failure. Leo, King of Armenia, sought the papal protection against the crusaders. The King of Denmark appealed to Innocent on behalf of his much-wronged sister. The contending parties in Hungary listened to his mediation.
But we have already seen that Innocent was not always successful, and that most of his successes were won only after a prolonged contest. Their matrimonial irregularities brought him into conflict with nearly all the Christian Kings of Spain, and the kingdom of Leon was struck by an interdict which was not removed for five years. It was a more serious matter for the future that the papal acts for the first time roused the opposition of the people in more than one instance; while it is right to notice that Innocent often got acknowledgment of his claim to adjudicate by accepting what had already been done. But despite some notable failures, he did meet with considerable success; and since he got so much, it is not surprising that he aimed at more. Perhaps the greatest disappointment of his life was the failure of the Fourth Crusade. Innocent found some compensation in the great victory won by the united chivalry of Spain and France over the Almohades on the field of Las Navas de Tolosa in 1212. But he is responsible for inventing a new kind of crusade—that of Christians against Christians—in the undoubtedly papal duty of dealing with the Albigensian heretics; and it is, in modern eyes at least, a small condonation that he encouraged the founder of the Dominicans and received Francis of Assisi with sympathy.
[Sidenote: The Fourth Lateran Council.]
Innocent's pontificate ended in a blaze of glory. After the settlement of the strife in Germany he called together a Council which is distinguished as the Fourth Lateran or the Twelfth OEcumenical Council. It met in 1215, and was composed of more than two thousand persons, including envoys from all the chief nations of Europe. Its resolutions were embodied in seventy canons dealing with a vast variety of subjects in the endeavour to bring about a drastic reformation of the Church. This is perhaps Innocent's most solid claim to the name of a great ruler. But it only serves to emphasise the wholly external nature of his rule. And subsequent ages have recognised this limitation to his claims for honour in that, while they have freely accorded to him the name of a great man and a great Pope, if not the greatest of the pontiffs, the Church has never added his name to the rôle of Christian saints.
[Sidenote: The basis of papal claims.]
The interest of the period with which we are dealing is largely concerned with the attempted definition of the relations between Church and State. The peculiar form of mediaeval thought resolved this into a struggle of the papal power to make itself supreme over all temporal rulers. But scarcely less important or interesting is the concomitant effort of the Papacy to gather up into itself the whole immediate authority of the Church.
This effort was very materially helped by the fact that various national churches which had retained their own customs were gradually brought into communion with Rome. William the Conqueror put an end to the schism which had cut off the Anglo-Saxon Church from Rome, and drew the Church in England into closer contact with Rome than she had enjoyed since the days of Archbishop Theodore. Through Queen Margaret, the Anglo-Saxon wife of Malcolm Canmore, Roman customs superseded those of the Celtic Church in Scotland. Gregory VII prevailed on the Spanish churches to accept the Roman for the Mozarabic liturgy. Alexander III attracted to Rome the long-isolated Church in Ireland, and Innocent II reconciled the Milanese at last to the papal supremacy. The foundation for the high claims on the part of the Papacy rested on what are known as the Pseudo-Isidorian Decretals. Decretals are answers to questions referred to the Bishop of Rome from other churches. The earliest of these was of date 385. Compilations of the Canons of the Church, in which these answers were included, were put out in the sixth and the seventh centuries, the latter under the name of Bishop Isidore of Seville. In the middle of the ninth century appeared a third compilation, also published under the name of Isidore, and containing fifty-nine additional letters and decrees of earlier date than 385. Inasmuch as the Latin edition of the Bible, which St. Jerome did not translate until about the year 400, is quoted in some of these, this compilation has not unnaturally been styled the False or Forged or Pseudo-Isidorian Decretals. The object of this forgery was the exaltation of the Papacy as "the supreme lord, lawgiver, and judge of the Church," since all previous claims were brought together and were referred back to the foundation of Christianity. Two centuries later another document of doubtful authenticity, calledDictatus Papae, sets forth in a sufficiently true spirit the principles proclaimed by Gregory VII. This states, among other things, that the Roman pontiff can alone be called Universal, that his name is unique in the world, that he ought to be judged by none; and it ascribes to him, without the intervention of any intermediary, the supreme and immediate power in all executive, legislative, and judicial matters.
[Sidenote: The Pope: the sole authority in the Church.]
The history of the Church during the two succeeding centuries is merely an exemplification of these claims. It was in the spirit of this document that Innocent II, in the speech with which he opened the Second Lateran Council in 1139, reminded his hearers that Rome was the head of the world, and that the highest ecclesiastical offices were derived from the Roman pontiff as by a kind of feudal right, and could not he lawfully held without his permission. Innocent III, we have seen, describes himself as the Vicar of God or of Jesus Christ. Thus, although the Pope is potentially present everywhere in the Church, he cannot exercise the great power belonging to the office personally, so that he has called in his brethren, the co-bishops, to share in the care of the burden entrusted to himself; but in doing so he has subtracted in no whit from the fulness of power which enables him to enquire into individual cases and to assume the office of judge at will. Others, then, may be admitted to a share in the care of the Church (pars solicitudinis); but to the Pope has been given the fulness of power (plenitudo potestatis). Thomas Aquinas shows how bishop and archbishop equally derive their authority from the Pope, and finds parallels to the relationship between the Pope and the other officers of the Church in the dependence of all things created upon God and the subordination of the proconsul to the Emperor. This deliberate policy on the part of the Papacy to absorb into itself the whole spiritual authority of the Church may be traced in its attempts to set itself up as supreme administrator, supreme lawgiver, and supreme judge.
Before the Pope could claim to be supreme administrator within the Church it was necessary to deprive all other ecclesiastical officers of their independence. The custom of the gift of the pall to archbishops who exercised the office of Metropolitans had already made these highest officers of all into little more than delegates of the Papacy. Gregory VII failed in his attempt to force them to come in person to Rome in order to receive the pall. He succeeded, however, in imposing upon them an oath which, founded upon the oath of fealty, made their position analogous to that of a feudal vassal. By this a Metropolitan swore to be faithful to St. Peter and the Pope and his successors who should have been canonically elected; that he would be no party to violence against the Pope; that he would attend in person or by representatives at every synod to which the Pope summoned him; that, saving the rights of his Order, he would help to defend the Papacy and all its possessions and honours; that he would not betray any trust reposed in him by the Pope; that he would honourably treat the papal legate; that he would not knowingly communicate with excommunicates; that when asked he would faithfully help the Roman Church with a force of soldiers. To this was often added an undertaking that he would appear at Rome himself or by a representative at stated intervals; that he would cause his suffragans at their consecration to take an oath of obedience to the Roman pontiff; that he would not part with anything belonging to his official position without the knowledge of the Roman See.
[Sidenote: Claim over bishoprics.]
Gregory's successors imposed this oath by degrees on all bishops, and thus gradually substituted the Pope for the Metropolitan. TheDictatus Papaeclaimed for the Pope the right of deposing or reinstating bishops without reference to a synod; of transferring a bishop from one see to another; of dividing a wealthy see or joining together poor bishoprics. It was the papal policy to champion the suffragans against the Metropolitans until the original metropolitical power of confirming the elections of their newly elected suffragans and consecrating them to the episcopal office was entirely superseded by the growing authority of the Pope. The right of confirmation implied the power of quashing an election, and this could easily grow into a power of direct appointment. This last power was only exercised habitually in certain cases—after a vacancy had lasted for a certain time; if the bishop had died at Rome; if the bishop had been transferred from one see to another. From the end of the eleventh century cases are found of bishops designated to be such, not only, according to the ancient formula, "by the grace of God," but also by that "of the Apostolic See," and such description becomes fairly common in the thirteenth century.
[Sidenote: Claim over benefices.]
And as the Popes passed over Metropolitans in order to obtain a direct hold on the suffragans, so they went on in course of time to pass over the bishop in every diocese by claiming the disposition of individual benefices. Such a claim began in the first half of the twelfth century in letters of recommendation and petitions for the appointment of papal favourites to prebends or benefices. But so quickly did this system develop that where Hadrian IV recommended Alexander III commanded, and the mandates of Innocent III were enforced by specially appointed officers. Clement IV lays it down that ancient custom has specially reserved to the Roman pontiff the collation of churches and offices which become vacant through the death of the holder at Rome, but that this is only part of the greater right which is known to belong to Rome and gives to the Pontiff the full disposal (plenaria dispositio) of all offices and benefices both at the time of vacancy and by provision beforehand. But so flagrant was the abuse of this power of appointment that it roused the indignant remonstrance of the most ardent supporters of the papal authority in the Church. England under Henry III was so much exploited by its papal guardian as to gain the name of the "Milch-cow of the Papacy"; but there were many protests.
Robert Grossteste, Bishop of Lincoln, the most revered English Churchman of the thirteenth century, was bidden by Innocent IV to find a canonry in his cathedral for a nominee of the Pope, who, moreover, was still a child. He answered in a rebuke of such severity and dignity as can have rarely been addressed to Rome by one devoted to its service. "Next to the sin of Lucifer," he tells the Pope, "there is not, there cannot be, any kind of sin so adverse and contrary to the evangelical doctrine of the Apostles as the destruction of souls by defrauding them of the duty and service of a pastor." He adds that the most holy Apostolic See cannot command anything that tends to a sin of such a kind except by some defect or abuse of its plenary power: that no faithful servant of the Papacy would comply with a command of that kind "even if it issued from the highest order of angels"; and he therefore,filialiter et obedienter, flatly refuses to obey. Scarcely less severe were the strictures of Louis IX's ambassadors, who laid the grievances of the French bishops and barons before the same Pope. They tell Innocent IV that the devotion which the French people have hitherto felt towards the Roman Church is now not only extinguished, but is turned into vehement hate and rancour, and that the claim for subsidies and tribute for every necessity of Rome—a claim which was enforced by the threat of excommunication—was unheard of in previous ages.
[Sidenote: The Pope as supreme legislator.]
The Pope also gradually established his authority as supreme and sole lawgiver within the Church. TheDictatus Papaeasserts that for him alone it is lawful to frame new laws to meet the needs of the time. Meanwhile the Forged Decretals had found their place in the various collections of the Canons made in the eleventh and early twelfth centuries. In the middle of the twelfth century Gratian, a Benedictine monk of Bologna, put out hisConcordantia discordantium Canonum, commonly known as theDecretum Gratiani, which combined a theoretical disquisition with illustrations drawn from the documents which had appeared in previous collections. This became the standard mediaeval treatise in ecclesiastical law, and its appearance much encouraged the systematic study of the Canon law. The Popes of the succeeding century and a half made great additions to the law of the Church, partly through the decrees issued by the General Lateran Councils, partly by their own edicts. Such new matter was embodied from time to time. Thus in 1234 the Dominican Raymund de Pennaforte gathered five books of Decretals at the command of Gregory IX; Boniface VIII was responsible for a sixth book in 1298, while other additions were made by Clement V (1308) and John XXII (1317). All these, together with the earlier compilations and some later additions, formed theCorpus Juris Canonici. This enormous body of law was full of contradictions and not devoid of falsification and forgery. The growing study of it caused the foundation of Chairs at the universities, and the Popes found it a most convenient method to publish their new decrees through the lecture-rooms. The old Canon Law was entirely superseded by the later Papal Law.
[Sidenote: Power over Councils.]
The Popes made no pretence of hiding their claims to the legislative power. Urban II strongly affirms that it has always been in the power of the Roman Pontiff to frame new laws; and two centuries later Boniface VIII embodies in his addition to the Canon Law the words of an earlier writer, that the Roman Pontiff is considered to hold all laws in the repository of his breast. There was no room in such a theory for any effective co-operation of ecclesiastical Councils, however representative. TheDictatus Papaedeclares that no General Council can be held without the papal command. Pascal II points out that no Council can dictate the law of the Church, because every Council comes into existence and receives its power by authority of Rome, and in its statutes the authority of the Pope is clearly not interfered with. But the Popes often found it convenient to obtain the sanction of a General Council for their legislation, and the four Lateran Councils (1123, 1139, 1179, 1215) were the occasions for great and important additions to the Canon Law. But from the time of the third Lateran Council, at all events, all ordinances of a General Council were issued in the name of the Pope, although the approval or the fact of the Council was likewise expressed. Thomas Aquinas merely expresses the recognised law of the Church when he says that the Holy Fathers gathered together in Councils can make no laws except by the intervention of the authority of the Roman Pontiff, for without that authority a Council cannot even meet.
[Sidenote: Popes above law.]
It followed from this assumption of the supreme legislative power that, in the first place, the Pope himself claimed not to be bound by the laws which he made. Thus in the thirteenth century papal writers denied that the Roman Church could commit simony. Certain acts are simoniacal because they have been prohibited as such by Canon Law; but inasmuch as it is the Pope who had forbidden them, the prohibition does not bind him. And in virtue of this power, from the time of Innocent IV the Popes added to their bulls anon obstanteclause whereby they suspended in a particular instance all laws or rights which might otherwise stand in the way of their grant.
[Sidenote: Papal dispensation.]
It followed, further, that the Pope claimed also the power of granting dispensations from existing laws and absolution for their infringement. Every papal bishop was armed with the power of granting pardon in God's name for breaches of the law which had already been committed. The Pope, however, claimed not only this power concurrently with all other bishops, but he even developed a right of granting dispensations beforehand, so that the tendency was to ignore the bishop of the diocese and to apply directly to the Pope or his representatives, who thus were willing to permit infractions of the law. Thomas Aquinas declares that any bishop can grant dispensation in the case of a promise about which there is any doubt; but that to the Pope alone, as having the care of the Church Universal, belongs the higher power of giving unconditional relaxation from an oath of perfectly clear meaning in the interests of the general good.
But even papal writers sometimes complain of the irresponsibility of the papal acts, and Popes themselves had to allow that there were spheres outside their legislative interference. Thus Urban II acknowledges that in matters on which our Lord, His Apostles, and the Fathers have given definite decisions, the duty of the Pope is to confirm the law. Thomas Aquinas, while holding that the Pope can alter the decisions of the Fathers and even of the Apostles in so far as they come under the head of positive law, yet excepts from the possibility of papal interference all that concerns the law of nature, the Articles of Faith (which, he says elsewhere, have been determined by Councils), or the sacraments of the new law.
[Sidenote: The Pope as supreme judge.]
The third wide sphere of action within the Church in which the Pope established his supremacy was that of justice. TheDictatus Papaeasserts not only that the Pope should be judged by no one, but that the "greater causes" of every Church should be referred to him, that none should dare to condemn any one who appealed to Rome, and that no one except the Pope himself can interfere with a papal sentence. Litigants of all kinds were only too ready to appeal against the local tribunal, and the Pope gave them every encouragement. St. Bernard indignantly pointed out to Innocent II that every evil-doer and cantankerous person, whether lay or cleric or even from the monasteries, when he is worsted runs to Home and boasts on his return of the protection which he has obtained. It is true, Gregory VIII (1187) tried to check the practice of appeals; but his short reign gave no time for any real result. Bishops and archdeacons tried sometimes to stop appeals by excommunication, which prevented the victim from appearing in an ecclesiastical court; but the third Lateran Council (1179) forbade this method of defence. Alexander III definitely laid it down that appeals could be made to the Pope in the smallest no less than in the greatest matters, and at every possible stage, before and after trial, at the pronouncement of the sentence and after it has been awarded; and this, he points out, is not the case in civil law, where an appeal is only admitted after judgment. Indeed, the most serious matter with regard to papal appeals was the reservation by the Pope to his own decision of cases which were regarded as too serious for the local courts. The bishops had themselves largely to thank for the development of this direct papal jurisdiction; for they began the custom of referring to Rome the cases of great criminals and of serious crimes. But these "greater causes," claimed for the Pope as early as the time of Gregory VII, included not only grave moral crimes such as murder, sacrilege, and gross immorality, but also cases of dispensation beforehand, of absolution after excommunication for certain offences. Under the same head would come the right of canonisation exercised by archbishops until Alexander III claimed it exclusively for the Pope, and the right of translating a bishop from one see to another, which involved a dissolution of the metaphorical marriage between the bishop and his see and therefore needed a special dispensation.
[Sidenote: The papal Curia.]
These extensive powers could only be put in practice by an elaborate machinery for their enforcement. In the first place the Pope was surrounded by a numerous body of officials to whom is applied from the middle of the eleventh century the title Curia. Gerhoh of Reichersberg, an ardent papal supporter writing about a century later, objects to the substitution for the word "Ecclesia" of this term "Curia," which would not be found in any old letters of the Roman pontiffs. The rapacity of the officials became a byword throughout Christendom. John of Salisbury told Hadrian IV, with whom he was on terms of intimacy, that many people said that the Roman Church, which is the mother of all the churches, shows herself to the others not so much a mother as a stepmother. "The Scribes and Pharisees sit in it, laying intolerable burdens on the shoulders of men, which they do not touch with a finger…. They render justice not so much for truth's sake as for a price…. The Roman pontiff himself becomes burdensome to all, and almost intolerable." Honorius III in 1226 acknowledged to the English bishops that this greed was a long-standing scandal and disgrace, but he ascribed it to the poverty of Rome, and proposed that in order to remove the difficulty two stalls should be given to him for nomination in every cathedral and collegiate chapter. The magnates considered the remedy, if possible, worse than the disease. The popular songs of the twelfth and thirteenth centuries contain many references to the fact that nothing was to be had at Rome except for money, and that success in a cause went to the richest suitor. And yet Rome had many sources of wealth. She drew regular revenues from estates which had been given to the papal see; from monasteries which were subject to visitation of papal officers alone; from kingdoms, such as England, whose kings had made themselves feudal vassals of the Pope. Several nations, moreover, paid special taxes, such as Peter's Pence, a kind of hearth tax, which went from England. The Papacy also exacted a number of dues on various pretexts which increased with the growth of papal power. Such were the Annates or Firstfruits and analogous payments, which amounted to the value of the first year's income, and were claimed from newly appointed bishops and abbots as an acknowledgment of the papal right of confirmation. Nor did Metropolitans get their pall, which was necessary for the exercise of their special authority, without the payment of considerable sums. Over and above these regular and occasional sources, the Popes exacted on especial occasions, such as the Crusades, a tax amounting to a tenth on all ecclesiastical property, and even allowed kings to take it with their leave. But these formed a small portion of the money which found its way to Rome. When the papal legate found fault with Ivo of Chartres because simony was still prevalent in his diocese, the bishop retorted that those who practised it excused their action from the example of Rome, where not even a pen and paper were to be had free. Dante addresses the shade of Pope Nicholas III in theInferno(xix.):—
"Your gods ye make of silver and of gold;And wherein differ from idolaters,Save that their God is one—yours manifold?"
And he ascribes the evil which he is condemning to the so-calledDonation of Constantine.
[Sidenote: Papal Legates.]
The most manifest agents and organs of papal authority throughout Christendom were the legates. The Pope had appointed permanent representatives called Apocrisiaries at Constantinople, and had sent emissaries to General Councils and for other special matters. But from the time of Leo IX legates began to be appointed with a general commission to visit the churches; and Gregory VII developed this method of interference with the local authorities into a regular system. In some cases local hostility was disarmed by the appointment of the Metropolitan as ordinary legate, and the position was accepted with the object of retaining the chief authority upon the spot. Such the Archbishop of Canterbury became after 1135. But the existence of this official did not prevent the despatch from time to time of legatesà latere, as they were called. The ordinary legate exercised the concurrent jurisdiction claimed by the Pope, that is, the right of interference in every diocese; these legates coming from the side of the Pope were armed with the power of exercising most of the rights specially reserved for the personal authority of the Pope. TheDictatus Papaeasserts that the Pope's legates take precedence of all bishops in a council even though they may be of inferior rank, and Gregory VII applies to their authority the text "He that heareth you heareth me." In 1125 John of Crema, a legate sent to England, presided at a Council at Westminster, where were present ecclesiastics from the archbishops downwards and a number of nobility; and "on Easterday he celebrated the office of the day in the mother church in place of the supreme pontiff, and although he was not a bishop, but merely a Cardinal Priest, he used pontifical insignia." A Metropolitan in his oath of loyalty to the Pope was made to swear that he would treat with all honour the Roman legates in their coming and going, and would help them in their needs; and the procuration or maintenance from all countries which they not only visited, but merely passed through, was arbitrarily assessed. Innocent III enforces it by directing against ecclesiastics who were contumacious a sentence of distraint of goods without any right of appeal. The burden was no light one. Wichmann, Archbishop of Magdeburg, writing on behalf of Frederick I, tells the Pope that the whole Church of the Empire is subject to such heavy exactions at the hands of the papal officials, that both churches and monasteries, which have not enough to supply their own daily wants, are yet compelled "beyond their utmost possibility" to find money for the use of these legates, sustenance for their train of attendants, and accommodation for their horses. In more picturesque language John of Salisbury describes the legates of the Apostolic See as "sometimes raging in the provinces as if Satan had gone forth from the presence of the Lord in order to scourge the Church." It is true that Alexander IV commanded an enquiry into the amount which his legates had demanded under pretext of procuration, and which he heard they had enforced by the sacrilegious use of the powers of excommunication, suspension, and interdict. But the parallel which Clement IV drew between the ordinary legates and the proconsuls and provincial presidents of the early Empire showed how little likelihood there was of redress being got from the Papacy itself.
[Sidenote: Increase of papal ceremony.]
The effect of this absorption of power by the Papacy is to be traced in many directions. Here we may take notice of two of the most remarkable. In the first place, he who had grown from the Vicar of St. Peter to be directly the Vicar of God naturally surrounded himself with an increasing amount of ceremony. TheDictatus Papaeclaims that the Pope alone can use imperial insignia, and that it is his feet alone that all princes should kiss. We have noticed the disputes which arose when the Pope demanded from Lothair and from Frederick I that the Emperor should perform the office of groom to the Pope—hold his stirrup as he mounted and walk by the side of the mule. St. Bernard rightly points out that in thus appearing in public adorned in jewels and silks, covered with gold, riding a white horse, and surrounded with guards, the Pope was the successor not of Peter, but of Constantine. And if he required so much state outside the Church, much more did he insist upon a special ceremony in the services. Thus at the Mass the Pope received the elements not kneeling at the altar, but seated and on his throne; while the Host was carried before him in procession whenever the Pope went outside his palace.
[Sidenote: Papal infallibility.]