At the bottom of the hierarchical scale stood the priests who presided over the parishes, which were divided into city, village, and rural parishes, and were the lowest divisions of the Church. As a rule a parish contained at least ten families and varied from that to a considerable village, or a large section of a town. The appointment of the priests was made by the "Patron" of the parochial church, i.e., the person who owned the church property, whether a layman or a clerical person. The appointee was confirmed by the bishop. Churches were thus frequently handed about from one owner to another like any feudal property and consequently the tendency was to secularise the priests as well as the higher clergy. Seeing this evil the monastic orders sought to reform the abuse by bringing priests under their control. The income of the priest was derived from lands belonging to the parish church, from tithes, and from contributions, but as a rule it was scarcely more than enough to meet his scanty needs.[586:2] The priest was the only Church officer who came continually into direct touch with the masses of the people and, consequently, he it was who really controlled the destiny of both their bodies and
souls. In addition to conducting the regular services, he could administer or withhold the sacraments so necessary to salvation, and hence the destiny of all men rested in his hands. He absolved, baptised, married, and buried his parishioners. He monopolised the auricular confession and through it regulated the conscience, determined conduct, and cured the soul of sin. If advice and penance failed to keep the incorrigible sinner in the path of righteousness, his case could be carried to the spiritual court of the bishop, who had practically unlimited power. Each priest had not only certain duties to perform, but also possessed distinct rights and privileges, and a supernatural character which put him and his property above the common level of humanity. No longer a citizen of a state, the Church was his country, his home, and his family. No matter what crime he committed, the secular power could not arrest him—only a religious tribunal could try him and such bodies never shed human blood. Hence punishments for misdemeanours were comparatively light.
The parish church was the unit of mediæval civilisation and the priest was looked up to as the natural guardian of the community. He cared for both the souls and bodies of his flock. In addition to using every agency to induce his members to lead godly lives, it was his business to see that no dangerous characters lurked in the villages—heretics, sorcerers, or lepers.
The clergy were separated from the laity by a very pronounced differentiation. The sacred character imparted to the priesthood by the sacrament of ordination, the holy calling of the man of God who held in his hands the power of spiritual life and death,
and the enforcement of the canon of celibacy after a bitter struggle of more than a century, all tended to emphasise and magnify the wide gulf between the clergy and the laymen. The sacerdotal office was most highly respected as the certain avenue to social service, to fame, and to honour. It is no surprise, therefore, to see men of all ranks entering the ministry of the Church. For those of humble birth, the opportunity thus offered was about the only means of promotion in Europe. Once in the Church, talent and energy could always overcome lowly origin, and attain elevation to a high place. The annals of the hierarchy are full of the examples of those who rose from the meanest social ranks to the most commanding positions. Many of the greatest and best Popes had that experience.[588:1] Thus the Church constantly recruited its ranks with vigorous fresh blood. Not even the lot of the prince was envied by the priest. "Princes," asserted John of Salisbury, "derive their power from the Church, and are servants of the priesthood." Honorius of Autun wrote, "The least of the priestly order is worthier than any king." A great thing it truly was for the future of Europe that in those rough ages there existed a moral force superior to noble descent, to blue blood, and to martial prowess to point out the correct path, to uphold right, and to sanction eternal justice.
The corpus juris canonici, or canon law, which regulated all the workings of the hierarchy, included all the rules enacted by the Church for its relation with the secular power, for its own internal administration, and for the duties and conduct of its members. It differed
from the jus ecclesiasticum, or ecclesiastical law, in having the Church for its source, while the latter had the Church for its subject. The Pseudo-Isidorian Decretals continued to be the constitution of the Church. Various commentaries, all based upon the Decretals as the chief repertory, were made by prominent churchmen.[589:1] Gratian, a Camaldolensian monk, a professor in Bologna University, in 1250 first taught canon law as a distinct and complete system like Roman law. He published the Decretum Gratiani, a scientific digest of all canon laws, which soon superseded all other codifications and became the basis for many later commentaries.[589:2] Canon law was studied in all the mediæval universities. Regular faculties of canon law were established, which granted the degree of doctores decretorum after a course of six years' study. It was not long, therefore, until the Church was given a class of keen, well-drilled lawyers who gradually extended ecclesiastical jurisdiction over all religious duties; over baptisms, marriages, and deaths, and hence over legitimacy and succession; over all persons under religious vows, and consequently over the clergy, crusaders, widows, orphans, and minors; over heresy, blasphemy, and sacrilege; and over adultery, bigamy, fraud, and perjury. The canon law of the Church must also be given credit for laying the foundation for international law and serving as a model for constitutional law.
The papal penitentiary, or court, grounded on the
"power of the keys," possessed original and appellate powers of first instance and last resort. It originated in 1215 at Rome and consisted of a body of canonists and theologians who acted as a unit under powers granted by the Pope.[590:1] It attempted to decide all cases of morals and discipline, oftentimes in virtual ignorance of the facts. During the thirteenth century penitentiaries were appointed in every bishopric to take cognisance of cases. Thus the eagle eyes of the supreme court of Rome were fastened on every breach of law throughout Christendom. Naturally many abuses were connected with such a system. In 1022 the Council of Seligenstadt complained that Rome had extended her jurisdiction even over the laity.[590:2] Through local representatives the papal penitentiary practically nullified the discipline of bishops and granted virtual immunity to offenders. Venality was an accompanying evil from the beginning. Absolution could easily be secured by the rich and influential and dispensations were sold for money. Of course this condition produced disastrous effects on morals. "Rome was a fountain of pardon for all infractions of the decalogue." Bishop Grosseteste declared about 1250 that the low morality of the priesthood was due to this system. Pardon was granted to both sides of the controversy. A priest stole a book from his own church, pawned it for money, and then excommunicated the unknown thief. He was discovered but pardoned on the ground that he could not interdict himself. Monks and nuns bought their way into convents and then purchased absolution for the act.
By the thirteenth century the Roman ritual in the Latin language was practically in universal use. The Slavish liturgy had disappeared and in Spain alone the old national liturgy still lingered, though even there the Roman ritual was permitted. Latin had become the general official language of the Church. But it was not uncommon to give in the vernacular, besides the regular announcements, the confession of faith, the confession of sin with the general absolution, intercessions for the living and the dead, and the Lord's Prayer.