The schism with its church oppression furnished the impulse, the weakness of the papal see gave the long desired opportunity for an unbiased trial of the existing state of the church; it led men to opinions which had hitherto only been mooted in violent struggles with the popes, and so not without an appearance of passion and party spirit; but now they struck root so deeply, even among the most faithful adherents of the church, that they could never again be entirely suppressed. Many an anxious gaze was turned backwards to the earlier and better ages of the church, in order to discover in its constitution the remedy for the scandals of the present. This was a problem of learning. Its representatives, the universities, particularly that of Paris, were listened to with eager attention, and attained an influence which was formidable even to the popes. This comparison of the present with the earlier ages of the church could not but lead to many convictions unfavourable to the papal see.
True there were but isolated individuals who advanced so far upon this line of thought as to wish the papacy quite removed from the church as the source of all her evils. But even its truest adherents now acknowledged the immoderate extension of papal power, and the monstrous exaggeration of the papal dignity. They discovered in the bent of the papacy to secular power the prime cause of all mischief, and even to the schism, and they wished the times back again when the emperors could convoke synods by their own authority to strangle a schism at its birth. No less general was the discontent expressed against the papal church oppressions, and the wish to remove them by limitations of the papal power. Hitherto only adversaries of the popes, at open war with them, had appealed to a general council as a higher authority, but during the schism circumstances led to a general acknowledgment that such a council must rank above the pope. After the Council of Pisa was summoned to terminate the contest between the two popes, and set a limit to the abuses of papal power, the canonists vied with each other in demonstrating this new opinion so injurious to the papacy, of the superiority of general councils to the pope, and thus the papal system of the last century seemed to be threatened with total overthrow.
RELATION OF THE NATIONAL CHURCHES TO THE STATE
A Bishop of the Fourteenth Century
The jealousies betwixt the ecclesiastical and secular tribunals arising from the immoderate extension of ecclesiastical jurisdiction still continued, but they began more and more to result in favour of the latter. In Germany the fundamental principle that secular causes belonged only to secular tribunals had been recognised long before, even by the prelates, who were themselves temporal lords of the land; it was, as a general rule, always maintained, though in individual cases the ecclesiastical tribunals continually overstepped their limits. But during the schism, the emperor Wenceslaus could only execute his decisions in things temporal, against the higher orders of the clergy, by deeds of violence. The cities continued to tax the excessive revenues of the ecclesiastical sovereignty. They either forbade altogether the increase of church property, or decreed that all fresh acquisitions should be alienated again in a year and a day, or required from the new revenues the customary taxes. Now that the parish priests, by their management of people’s wills, provided too well for themselves and for the church, it was determined that wills should only be made before the secular authorities. Paderborn even prohibited the multiplication of masses for souls. Still the popes wished to maintain a good understanding with the cities, and bind them to themselves by means of privileges.
During the schism many concessions were made to the nobles also; thus Boniface IX, in 1399 allowed Albert IV, duke of Austria, the jus primarum precum. The free Swiss by the priests’ law (Pfaffenbrief) in 1370 put an end to the encroachments of the ecclesiastical tribunals. In Italy the operation of the ecclesiastical tribunals, like the condition of the whole country, was very fluctuating. Under Ghibelline lords they were often quite suppressed. In France ecclesiastical jurisdiction had reached its greatest extension; the kings connived at it, because they wished to keep their bishops well inclined to themselves, and knew how to tax any irregularities of the ecclesiastical tribunals. On the other hand the barons were continually at issue with the prelates on this point, and from both sides there were unceasing complaints of usurpation. The remarkable negotiations which were instituted by command of King Philip of Valois with the prelates summoned before parliament (1329), owing to the king’s political aims, failed of their intended result. Immediately afterwards the clergy sought to establish their jurisdiction still firmer by decrees of councils. On the other hand a powerful resistance to these proceedings was being developed in parliament, which was now transforming itself into a standing corporation; this was especially manifest from the time of Charles V. Henceforth ecclesiastical jurisdiction was not only confined to its proper limits, but parliament claimed a certain degree of superintendence over it, and drew to itself the right of decision upon many points, which were at that time universally held to be ecclesiastical.
The earlier encroachments of the popes upon episcopal rights were still further increased by the fact that they now took to themselves entirely the appointment to ecclesiastical offices, and exercised the right of exemption in the highest degree, particularly during the schism. Thus the importance of the bishops in the church was small; they compensated themselves for this by secular honours and worldly enjoyment. The oppression which fell upon them from above they knew how to discharge upon those below, and so the lower orders of the clergy groaned beneath intolerable burdens.
MORAL CONDITION OF THE CLERGY
The moral condition of the clergy could not fail to degenerate still more in this period, in consequence of the manner in which ecclesiastical offices were generally bestowed, the example which the papal court gave, and the method in which the ecclesiastical jurisdiction was administered. In the chapters, where the stalls were for the most part benefices reserved for the nobles, as well as among the parochial clergy, there prevailed a depth of ignorance and an immorality which awakened indignation. The continued struggle of the synods against the dissoluteness of priests remained quite fruitless. The laity were only too glad to secure their wives and daughters from the sacerdotal ravishers, and accordingly favoured, at times even demanded, fixed alliances of their priests with concubines. Thus in many countries concubinage was publicly allowed among the priests, who were supposed to be too sacred for a matrimonial connection. The fines with which these excesses were visited by many synods were quickly changed into a welcome gratuity to the avarice of the bishops. Nevertheless, every attempt of the secular power to check these scandals was resisted by the church as an invasion of her rights.[d]