A History of the Inquisition of the Middle Ages; volume I

by Henry Charles Lea

The Holy See was thus provided with a militia, recruited and sustained at the expense of the faithful, panoplied in invulnerability, and devoted to its exclusive service. In order that its usefulness might suffer no limitation, in 1241 Gregory IX. granted to the friars the privilege of freely living in the lands of excommunicates, and of asking and receiving assistance and food from them. They could, therefore, penetrate everywhere, and serve as secret emissaries in the dominions of those hostile to Rome. Human ingenuity could have devised no more efficient army, for, not only were they full of zeal and inspired with profound convictions, but the reputation for superior sanctity which they everywhere acquired secured for them popular sympathy and support, and gave them an enormous advantage in any contest with local churches.[245]

Their efficiency, when directed against temporal opponents, was thoroughly tried in the long and mortal struggle of the papacy with Frederic II., the most powerful and dangerous enemy whom Rome has ever had. As early as the year 1229 we hear of the banishment of all the Franciscans from the kingdom of Naples, as papal emissaries seeking to withdraw from the emperor the allegiance of his subjects. In 1234 we find them raising money in England to enable the pope to carry on the struggle, and using every device of persuasion and menace with a success which realized immense sums and reduced numbers to beggary. When, in the solemnities of Easter, 1239, Gregory fulminated an excommunication against the emperor, it was to the Franciscan priors that he communicated it, with a full recital of the imperial misdeeds, and ordered them to publish it with ringing of bells on every Sunday and feast-day. It was the most effective method that could be devised to create public opinion against his adversary, and Frederic retorted with another edict of expulsion. When Frederic was deposed by the Council of Lyons, in 1244, it was the Dominicans who were selected to announce the sentence in all accessible public places, with an indulgence of forty days for all who would gather to listen to them, and plenary remission of sins to the friars who might suffer persecution in consequence. Soon afterwards we find them playing the part, which the Jesuits filled in Jacobean England, of secret emissaries engaged in hidden plots and fomenting disturbances. Frederic always declared that the conspiracy against his life in 1244 was the work of Franciscans who had been commissioned to preach a secret crusade against him in his own dominions, and who encouraged his enemies with prophecies of his speedy death. When, as the result of papal intrigues, Henry Raspe of Thuringia was elected, in 1246, as King of the Romans, to supersede Frederic, Innocent IV. sent a circular brief of instructions to the Franciscans to use every opportunity, public or secret, to advocate his cause, and to promise remission of sins to those who should aid him. Again, in 1248, we find friars of both orders sent as secret emissaries to stir up disaffection in Frederic’s territories. He complained bitterly of it, as he had always cherished and protected the Mendicants, and he met the attempt with savage ferocity. The Dominican Simon de Montesarculo, who was caught, was subjected to eighteen successive tortures; and Frederic instructed his son-in-law, the Count of Caserta, that all friars showing signs of disaffection, or contravening the strict regulations which he prescribes, shall not be exiled as heretofore, but shall be promptly burned. The shrewd and experienced prince evidently recognized them as the most dangerous enemies to whom he was exposed. They continued to earn his hostility by the zeal with which they preached the crusade against him, and, after his death, against his son Conrad; and we can regard as not improbable the statement that Ezzelin da Romano, his vicar in the March of Treviso, put to death no less than sixty Franciscans during his thirty years of power.[246]

The Mendicants gradually superseded the bishops, when papal commands were to be communicated to the people or papal mandates enforced. Even when fugitives were to be tracked, they formed an invisible network of police, spread over Europe and available in a thousand ways. Formerly, when a complaint reached Rome of an abuse to be rectified or of a prelate whose conduct required investigation or trial, a commission would be issued to two or three neighboring bishops or abbots to make an examination and report, or to reform churches and monasteries neglectful of discipline. Gradually this changed, and the Mendicants alone were charged with these duties, which made the papal power felt so directly in every episcopal palace and every abbey in Europe. They complained repeatedly of the amount of this extra work thrown upon them, and they were promised relief, but they were too useful to be dispensed with in thus subjecting the Church to the Apostolic See. How disagreeable and even dangerous these duties might be is visible in a case which shows how little the condition of the Church in the middle of the thirteenth century had changed from what we had seen it in the previous age. The great electoral archiepiscopate of Trèves, in 1259, was claimed by two rivals who litigated with each other for two years in Rome, to the great profit of the curia, till Alexander IV. set them both aside. The Dean of Metz, Henry of Fistigen, went on some pretext to Rome, where, by promising to pay the enormous debts left behind by the two litigants, he obtained the appointment from Alexander. On his return the pallium was withheld as security for the debts which he had incurred, but without waiting for it he assumed archiepiscopal functions, consecrated his suffragan Bishop of Metz, and commenced a series of military enterprises, in the course of which he devastated the Abbey of St. Matthias and nearly burned to death the unhappy monks. These misdeeds, and his neglect to pay his debts, led Urban IV., in 1261, to commission the Bishops of Worms and Spires and the Abbot of Rodenkirk to investigate the charges against him of simony, perjury, homicide, sacrilege, and other sins, but the archbishop bribed them, and they did nothing. Then, in 1262, Urban sent another commission to William and Roric, two Franciscans of the province of Trèves, ordering them to investigate and report under pain of excommunication. This frightened all the Mendicants of the province. The Franciscan guardian and the Dominican prior, more worldly-wise than righteous, forbade them under pain of dungeon from exercising the functions imposed on them, and the two unlucky commissioners were glad to escape with their lives by flying from Trèves to Metz. The Franciscan provincial had the effrontery to send envoys to Rome asking that the investigation be postponed or committed to others. They were heard in full consistory, in presence of Urban himself and of Bonaventura, the general of the Order, when Urban bitterly retorted, “If I had sent bishoprics to two of your brethren they would have been accepted with avidity. You shall not refuse to do what is necessary for the honor of God and the Church.” It is not worth while to pursue the intricate details of the dreary quarrel, which lasted until 1272 and presented in its successive phases every variety of fraud, forgery, robbery, and outrage. It is sufficient to say that when William and Roric were forced to work, they seem to have performed their duty with independence and fidelity, and that the Roman curia, in the course of the proceedings, managed to extort from the unfortunate diocese the enormous sum of thirty-three thousand sterling marks—in spite of which Archbishop Henry attended the coronation of Rodolph of Hapsburg, in 1273, with a splendid retinue of eighteen hundred armed men.[247]

It is easy to imagine that such functions as these produced antagonism between the new orders and the old organization which they were undermining and supplanting. Yet this was, perhaps, the least of the causes of bitterness between them. A far more fruitful source of discord was the intrusion of the Mendicants in the office of preaching and hearing confessions. We have seen how jealously the former had always been reserved by the bishops and how utterly it had been neglected until the primary object of St. Dominic had been to supply the deficiency, which Honorius III. lamented as one of the pressing wants of the age. The Church was scarce better prepared to discharge the duty of the confessional, which the Lateran Council had rendered obligatory and had confined to the priesthood. Lazy and sensual priests, intent only on maintaining their revenues, neglected the souls of their flocks and permitted no intrusion which might diminish their gains. In the populous town of Montpellier there was only one church in which the sacrament of penitence could be administered, and the consuls, in 1213, petitioned Innocent III., in view of the multitude of perishing souls, to empower four or five of the other churches of the town to divide the duty. As late as 1247, Ypres, with two hundred thousand inhabitants, had but four parish churches. If the Church Militant was to perform its duty, and if it was to regain the veneration of the people, these deficiencies must be supplied.[248]

The first efforts of Dominic had been based on the power granted to the legates of Languedoc to issue licenses for preaching, and these were, of course, at the time independent of episcopal permission, but in the Rule of 1228 it was especially provided that no friar should preach in a diocese without first obtaining permission of the bishop, and in no case was he to declaim against the vices of the secular priesthood. Francis professed the humblest reverence for the established clergy; he declared that if he were to meet simultaneously a priest and an angel, he would first turn to kiss the hands of the priest, saying to the angel, “Wait, for these hands handle the Word of Life and possess something more than human;” and in his Rule it was also provided that no friar should preach in any diocese against the will of the bishop. The bishops were not particularly disposed to welcome the intruders, and Honorius III. condescended to entreaty in asking them to permit the Dominicans to preach, while he also took steps to provide preachers from among the secular clergy by stimulating their study of theology. The intrusion of the Mendicants on the functions of the parish priests was gradual, and was commenced with the privilege granted them of celebrating mass everywhere on portable altars. Some resistance was made to this, but it was broken down; and when Gregory IX., in 1227, signalized his accession by empowering both Orders to preach, hear confessions, and grant absolution everywhere, the wandering friars, in spite of the prohibitions of the Rules, gradually invaded every parish and performed all the duties of the cure of souls, to the immense discomfort of the local priesthood, who had always guarded with extreme jealousy the rights which were the main source of their influence and revenue. Complaints were loud and reiterated, and were sometimes listened to, but were more frequently answered by an emphatic confirmation of the innovation.[249]

The matter was made worse by the fact that everywhere the laity welcomed the intruders and preferred them to their own curates. The fervor of their preaching and their reputation for superior sanctity brought crowds to the sermon and the confessional. Training and experience rendered them far more skilful directors of conscience than the indolent incumbents, and there arose a natural popular feeling that the penance which they imposed was more holy and their absolution more efficacious. If the beneficed clergy complained that this was because they soothed and indulged their penitents, they were able to retort with justice that the laymen preferred them for themselves and their wives rather than the drunken and unchaste priests who filled most of the parishes. A friar would come and set up his portable altar, as he said, for a day. His preaching was attractive; penitents aroused to a sense of their sins would hasten to confess; his stay was prolonged and he became a fixture. If the place was populous, he would be joined by others. The gifts of the charitable would flow in. A modest chapel and cloisters would be provided, which grew till it overshadowed the parish church and was filled at its expense. Worse than all, the dying sinner would assume the robe of the Mendicant on his death-bed, bequeath his body to the friars, and make them the recipient of his legacies, leading to a prolonged and embittered renewal of the old ghoul-like quarrels over corpses. In 1247, at Pamplona, some bodies long lay unburied owing to a fierce contention between the canons and the Franciscans; and a division of the spoils, by which a share varying from a half to a quarter, was allotted to the parish priests, only gave rise to new disputes. Whenever an open conflict arose, however much the pope might deprecate scandal, the decision would be almost certainly in favor of the friars, and the clergy saw with dismay and hatred that the upstarts were supplanting them in all their functions, in the veneration of the people, and in the profitable results of that veneration. When, in 1268, a popular uprising against tyranny occurred in Holland and Guelderland, and, encouraged by success, the rebels formulated a policy for the reformation of society, they proposed to slay all nobles and prelates and monks, but to spare the Mendicants and such few parish priests as might be necessary to administer the sacraments. Some feeble efforts were made by the clergy to emulate the services and activity of the new-comers, but the sloth and self-indulgence of ages could not be overcome. It was inevitable that the strongest antagonism between the old order and the new should spring up, heightened by the duty which the friars felt of denouncing publicly the vices and corruption of the clergy. Already in the previous century the secular priesthood had complained bitterly of the impulse given to monachism by the founding and development of the Cistercians. They had even dared to make vigorous representations to the third Council of Lateran, in 1179, alleging that they were threatened with pauperization. Here was a new and vastly more dangerous inroad, and it was impossible that they should submit without an effort of self-preservation. There must be a struggle for supremacy between the local churches on the one hand and the papacy with its new militia on the other, and the conservatives manifested skill in their selection of the field of battle.[250]

The University of Paris was the centre of scholastic theology. Cosmopolitan in its character, a long line of great teachers had lectured to immense masses of students from every land, until its reputation was European and it was looked upon as the bulwark of orthodoxy. In every episcopate it could count its graduates and the holders of its degrees, who looked back upon it with filial affection as to their alma mater. It had welcomed Dominic’s first missionaries when they came to Paris to found a house of the Order, and it had admitted Dominicans to its corps of teachers. Suddenly there arose a quarrel, the insignificance of its cause showing the tension which existed and the eagerness of all classes of the clergy to repress the growing influence of the Mendicants. The University had always been jealous of its privileges, among which not the least was the jurisdiction which it enjoyed over its students. One of these was slain and several were wounded by the Paris watch in a disturbance, and the reparation tendered for the offence was deemed insufficient. The University closed its doors, but the Dominican teachers, Bonushomo and Elias, continued their lectures. To punish this contumacy they were ordered to be silent, and students were forbidden to listen to them. They appealed to the pope, but their appeal was disregarded; and when the University resumed its functions, they were required to take an oath to observe its statutes, provided there was nothing therein to conflict with the Rule of the Order. This they refused unless they were allowed two teachers of theology, and after a delay of a fortnight they were expelled. The provincials of both Orders at Paris took up the quarrel and appealed to Rome, and Innocent IV. demanded the repeal of the obnoxious rules.[251]

The gage of battle was thrown and the university was resolved on no half-measures. It would reduce the Mendicants to the condition of the other religious orders and earn the gratitude of all the prelates and clergy by stripping them of the privileges which rendered them so dangerous. For this purpose it was necessary to win the favor of Rome, and the students enthusiastically assessed themselves, economizing in their expenses that they might contribute to the fund which was necessary if anything was to be done with the curia. The leader of the faculty in the quarrel was William of St. Amour, noted both as a preacher and a teacher, learned, eloquent, and inflexible of purpose. He was sent to the Holy See, where he found Innocent IV. in a frame of mind adapted to listen to his arguments that the Mendicant Rules were fitted only to lead souls to perdition. The pope had been the friend of the Orders, and had confirmed and enlarged their privileges, but just now was out of humor. The Dominicans asserted that this arose from their having secretly received into the Order one of his cousins whom he loved greatly and intended to advance in the world; and also from the malevolence of another cousin, who proposed to build at Genoa a fortress-palace to dominate the city, and had been prevented by the Dominicans refusing to sell a piece of ground essential to his purpose. Innocent’s mind must indeed have been receptive of William of St. Amour’s arguments. In July and August, 1254, he had issued repeated briefs in favor of the Mendicants and against the University. On November 21 he promulgated the bull Etsi Animarum, known among the Mendicants as the “terrible” bull, by which the members of all religious orders were forbidden to receive in their churches on Sundays and feast-days the parishioners of others; they were not to hear confessions without the special license of the parish priests, they were not to preach in their own churches before mass, so that parishioners should not be drawn away from their parish churches, nor were they to preach in the parish churches, nor when bishops preached or caused preaching to be done.[252]

The bull was in reality a terrible one, for it shattered at a blow the edifice erected with such infinite labor and self-sacrifice. To meet it, the Dominicans not only summoned their greatest and wisest members, but appealed to Heaven. Every friar was ordered daily after matins to recite seven psalms and the litanies of the Virgin and St. Dominic. A brother, during this exercise, was encouraged with a vision of the Virgin pleading with the Son and saying “Listen to them, my Son, listen to them!” He did listen to them, for though we may doubt the Dominican story that Innocent was stricken with paralysis the very day that he signed the “crudelissimum edictum” he certainly did die on December 7, within sixteen days after it, and a pious Roman had a vision of his soul handed over to the two wrathful saints, Dominic and Francis. Moreover the Cardinal of Albano, whose hostility to the Orders had led him to take an active part in advising Innocent to the measure, was imprudent enough to boast that he had caused the subjugation of the Mendicants to the bishops and would place them under the feet of the lowest priests. The same day a beam in his house gave way; he fell and broke his neck. It would perhaps be unjust to accuse the Dominicans of having assisted nature in these catastrophes; but, strange as it seems to hear them boast of having prayed a pope to death, they certainly do relate with pride that “Beware of the Dominican litanies, for they work miracles,” became a common phrase.[253]

The death of Innocent saved the Mendicant Orders. That his successor was elected after an interval of only fourteen days was due to the provident care of the Prefect of Rome, who, distrusting the operation of the Holy Ghost, put the fathers of the Conclave on short rations, resulting in the election of Alexander IV. The new pope was specially favorable to the Mendicants. When John of Parma, the Franciscan general, came to him with the customary request that he would appoint a cardinal as “Protector” of the Order, he refused, saying that so long as he lived it should need no other protector than himself; and his selection of the Dominican Raymond of Pennaforte and the Franciscan Ruffino as papal chaplains showed how willingly he subjected himself to their influence. On December 31, ten days after his elevation, he addressed letters to both Orders asking their suffrages and intercession with God, and the same day he issued an encyclical, revoking the terrible bull of Innocent and pronouncing it void.[254]