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offered the alternative of choosing between death and baptism,
and a considerable number, under compulsion, actually passed
over to Christianity. Others were won by gentler means,
principally through the preaching of St. Vincent Ferrer,
who began his missionary labours among them in 1412. Owing
to the pressure so frequently brought to bear on them, their
conversion was, however, seldom whole-hearted, and as soon
as outward compulsion was removed, many would, openly
or secretly, return to their former mode of life. It thus
came about that in Spain there were many Jewish half-
Christians, known locally as j\Iaranos or as new Christians.

The people were not much more kindly disposed to
these new converts than to the real Jews, especially as they
showed consummate ability in securing the highest and most

• Gratz, Gesch. d. Juden, 2nd ed. vol. V-IX, 1871-77 ; Llorente
Hist. crit. de VInquis. de Espana, ro vol. 1S22 (Engl. Trans. Hist, of the
Inquisition of Spain, 1S26); Rodrigo, Hist, verdadera de la Inqtdsicion, 3
vol. 1876-77 ; H. Ch. Le.\, The Moriscos of Spain, their Conversion and
Expulsion, 1901 ; A History of the Inquisition of Spain, I, 1906 ; E. Sch.\fer,
Beitrdge zur Gesch. des Protestantismus undder Inquis. in Spanien, 3 vol. 1902 ;
Hist. J. 1903, pp. 583-97; DoLLiNGER, Studies in European Hist. (Engl.
Trans, p. 210 ff.)



40 A Manual of Church History

influential positions in the State. In order, therefore, to
secure their complete conversion, shortly after the revolt which
broke out in Cordova in 1473 against the nobles and Maranos,
and soon spread over the whole of Andalusia and even into
Castile, Isabella and Ferdinand the Catholic determined to
re-establish in their states the Inquisition, which was now
no longer in existence in Castile, and was scarcely known in
Aragon. Permission to re-erect it having been obtained from
Sixtus IV (1478), it was formally re-introduced in 1480. The
first Inquisitor-General, who was at the same time the organiser
of the new Spanish institution, was the Dominican, Thomas
de Torquemada. Success did not, however, attend his efforts.
Embittered by the proceedings, the Maranos of Saragossa
hatched a conspiracy against the life of the Inquisitor Peter
Arbues (1485), with the result that in 1492, by an edict, all
Jews, save those who were willing to embrace Christianity,
were banished from Spain. Most preferred exile to apostacy.
In 1609 the same measure was adopted against the Moriscos,
as those of the Moors were called who, under compulsion,
had outwardly conformed to Christianity. With these, too,
the Inquisition had busied itself shortly after its introduction.
The proceedings of the Spanish Inquisition were repeatedly
blamed for their severity, even by the Holy See. Very little
attention was, however, paid to these remonstrances, the
inquisitors being more disposed to hearken to the Spanish
rulers than to the Pope. The activity of the institution
has, moreover, been much misrepresented by its enemies, the
number of its victims in particular being grossly exaggerated.

The character of the Spanish Inquisition was first and foremost
ecclesiastical. At the most, owing to the extent to which the
secular power was concerned in it, it may be spoken of as a mixed
institution. The statement that it was primarily a department
of the State (Hefele, Gams, Knopfier) is quite unjustifiable. Cp,
Pastor, Gesch. der Pdpste, II, 624-30 (Engl. Trans, iv, p. 403 ff.).



CHAPTER III

CHURCH ORGANISATION

§ 146

The Roman Primacy i

Though the Roman See retained its supremacy, the storms
of the period did not pass without some of its prerogatives
being called into question. In narrating the history of the
popes, we have already pointed out that the pretension to a
political supremacy had been rejected by France, and that
Germany had likewise denied to the Pope any right of ratifica-
tion in the election of the emperor. The disputes, which
resulted in these decisions being taken, had also other conse-
quences. Occam, in his Dialogus, not onl}^ questioned the
temporal power of the Church, he also proposed as a matter
for debate whether Christ had ever ordained a primacy.
Marsilius of Padua and John of Jandun, in the Defensor pads,
utterty denied the Divine institution of the primacy. They
also questioned the fact of the Pope being the successor of
St. Peter, seeing that the latter's stay at Rome cannot be proved
from Scripture. By subordinating the spiritual to the temporal
power they also threatened the Church's freedom and indepen-
dence. Their views, however, met with but little s}Tnpathy.
The current was still in the opposite direction. In the Siwima
de potestate ecclesiastica, dedicated to John XXII b}^ Augustinus
Triumphus, and in the work De planet u ecclesiae, composed at
the same Pope's instigation by Alvarus Pelagius, the plenitude
of all power is ascribed to the Holy See, the Pope being described

^ Schwab, Gerson, p. 23 ff. ; Schvvane, Dogmengesch. d. mittl. Z. p. 557 ff. ;
Mg. on d'Aill}^ by Tschackert, 1877; Salembier, 1886; Scheuffgen,
Beitydge zur Gesch. d. grossen Schismas, 18S9 ; Kneer, Enistchung der kon-
ziliaren Theorie, 1893 •' Hist. Z. 76 (1895), 6-61.



42 A Manual of Church History

as the true and highest monarch of the West, and the emperor
as his vassal.

Far worse than these paltry quarrels between the two powers
was the agitation which was aroused in the bosom of the Church
at the outbreak of the Great Schism. The needs of the time
produced a theory which found wide acceptance, to wit that
the papal power is not absolute even over the Church, the Pope
being inferior to a General Council. The elements of this
theory are found in Occam's dialogue, but it is first encountered
complete in the Epistula concordicB of Conrad of Gelnhausen
(1380) and in the Consilium pads of Henry of Langenstein
(1381). The theory received a new lease of life at the Council
of Pisa, and at the Council of Constance — at which it was
advocated by the Paris chancellor Gerson and by cardinal
d'Ailly (Petrus ab AHaco), bishop of Cambrai — it was formally
approved. At the same time it was not to the tastes of all, as
we may see from the fact that, at the Council of Constance,
certain of the cardinals absented themselves from the session
in which it was sanctioned. That it was not more vehemently
opposed at the time may be explained by the then state of the
Church. Upon the theory depended, in some sense at least, the
existence of the Council of Constance, and, consequently, also
the union of the Church. • It was ultimately set aside by Leo X
at the Fifth Lateran Council : Romanum pontificem, tanquam
super omnia concilia auctoritatem hahentem, conciliorum in-
dicendorum, transfer endorum ac dissolvendorum plenum ius et
potestatem habere (Sess. XI, anno 1516).

Some few individuals were not satisfied with subjecting Pope to
Council. The author of the tract De modis uniendi ac reformandi
ecclesiani in concilio universali, written in 1410 (ed. by v. d. Hardt,
Cone. Const. I, V, 68-142, and variously ascribed to Dietrich of Nyem,
the historian of the schism, to Andrew Escobar, and to an un-
known third person ; cp. J. Haller, Papsitum u. Kirchenreform, I,
505-24), distinguishes between the universal Catholic Church and
the Roman Catholic Church, conceding to the former, i.e. to the
whole of Christendom, inerrancy and the possession of the sure
means of salvation, whereas he believes that the latter can err,
fall into schism and heresy, and even cease to exist (c. 1-2).
The substance of this thesis is found even in Conrad of
Gelnhausen.



Benefices and the Papal Claims 43

§147

Benefices and the Roman See 1

Benefices loom large in the history of this period. The
Roman See even previously (§ 122) had taken on itself the
right of appointing to vacancies in foreign dioceses, by means
of Expectancies, Provisions {Mandata de provide^ido) , and
Reservations. This practice was now vastly enlarged. Boni-
face VIII enacted that the reservation made by Clement IV
should hold good whenever a beneficiary died within two days'
journey of the place of residence of the Curia. ^ Clement V
decreed further that all bishoprics, abbacies, and Church
preferments generally should fall under this reservation. ^
The conferring of an expectancy for a definite benefice was
indeed forbidden by Boniface VIII on account of the abuses
it entailed, yet the practice was sanctioned, provided the
promise was merely to confer the first benefice falling vacant
after a certain date.^ Simultaneously the Cumidus bene-
ficiorum, or the holding of benefices ' in Commendam,' assumed
greater proportions than heretofore, giving rise to complaint
even at the Council of Vienne. It is true that John XXII
forbade the holding of more than one benefice to which a cure
of souls was attached, but the prohibition was not compre-
hensive enough to restrain effectually the evil. Cardinals and
sons of princes were exempted from the law ; the former,
because their service on behalf of the Church as a whole was
to the best interests of all particular Churches ; the latter,
because they deserved to be pri\dleged on account of their high
birth. The number of Reservations was to be enlarged yet
more. John ^ claimed the right of bestowal of all the church

' C. Lux, Constitutionum apost. de generali beneficiorum reservatione ab
an. 126s usque ad an. i-^jS emissanim, coUectio etinterpretatio, 1904; Thomassin,
Vet. et nova discipl. II, i, c. 43 sqq. ; II, iii, c. 10 sqq. ; Hinschius, KR. Ill ;
L. KoNiG, Die pdpstliche Kammer unter Klemens V u. Jokann XXII, 1894 '•
J. P. KiRSCH, Die pdpsthchen Kollektorien in Deutschland wdhrend des 14 Jahrh.
1894 ; Die pdpstlichen Annaten in Deutschland w. d. 14. Jahrh. 1903 ; J. Haller,
Papsttum u. Kirchenre/orm, I, 1903 ; Samaran and Mollat, La pscaliti
pontificale en France au XIV« siecle, 1905.

- C. 34 de praeb. in VI, 3, 4.

^ C. 3 de praeb. in Extrav. comm. 3, 2 ; cp. c. 4, ibid, i, 3.

* C. 2, 3 de praeb. in VI, 3, 7.

* C /^ de praeb. in Extrav. comm. 3, 2 ; c. 4, ibid, i, 3.



44 ^ Manual of Church History

offices in which a vacancy was caused by his decree. He
enlarged the scope of Clement's reservation by explaining that
under Beneficia apud sedem apostolicam vacantia should be
comprised all preferments which became vacant through the
action of the Holy See, for instance through the deposition,
transference, or promotion of its occupant, through the papal
rejection of an election, &c. ; also such offices as fell vacant
owing to the death of a cardinal or official of the Curia. These
enactments were ratified by Benedict XH in his Constitution
Ad regimen.^ Subsequent popes issued no new decrees con-
cerning the matter, but the existing legislation was aggravated
by the regulations made by the papal Chancery.^ These
alterations may be largely explained by the Babylonian exile.
During the foreign residence of the popes, there was a great
falling off in the revenues derived from the Papal States, whilst
the expenses of the papal court were much increased, and
when once a breach had been made in the prohibition of holding
pluralities, it was onl}^ natural to cover the deficit in the papal
treasury by providing the curial officials with productive
sinecures. The evil became even worse during the Great Schism
when the expenses of two Curias had to be met.

The various Churches were also called upon to support
the Roman See in other ways. As had been the case previously,
from time to time special tithes were exacted from them.
Clement V was the first to reserve to the Holy See the revenues
of vacant benefices, fructus medii temporis, and this reservation
soon came to apply everywhere, and to all church offices.
Besides this, all benefices which were in the appointment of
the Roman See had to pay annates, bishoprics and exempted
abbeys having to hand over the total revenues of the first
year {fructus primi anni), or an equivalent pre-arranged tax,
whilst other benefices paid the medii fructus or revenue of the
first half-year, a tax which Boniface IX in 1392 exacted from
all his nominees, and which, probably in consequence of this,
was known as Annatae Bonifatianae. The Curia further
claimed the property left by defunct prelates {ius spolii), and,
likewise, the procurations payable to bishops when visiting the

' C. 13 de praeb. in Exirav. comm. 3, 2.

- Regulae Cancellariae apostolicae (from John XXII to Nicholas V), ed.
E. von Ottenthal, 1888 ; Tangl, Die pdpstl. KanzleiveroYdnimgen v. 1200-
1500, 1894.



Benefices and the Papal Claims 45

churches of their dioceses ; the latter claim, however, was
possibly only urged in France. These taxes were none of them
entirely new ; some of them had formerly been due to the
bishops, others, like the annates, had their origin in the gifts
which, even in Antiquity, it was customary for clerics to bestow
at their ordination ; at Rome it had long been the practice to
expect certain dues from those ordained there. All these
pre-existing taxes were now centralised and enforced more
generally.

These taxes were not submitted to with good grace, yet —
save only in England, where the statute of provisors (1351)
had set a limit to the Pope's powers of appointing to benefices —
they continued to exist in spite of the opposition. The
reforming Councils of the fifteenth century did their best to
diminish them, but with only meagre success. The Council
of Constance forbade only the papal reservation of the episcopal
procurations and any interference, either papal or episcopal,
in the Spolia of other dioceses (1417). Martin V for his part
withdrew any claim to the fructus medii temporis. It is true
that the Council of Basel abohshed the annates and a portion
of the reservations, acknowledging only those which were
according to common law {i.e. according to the Corpus iuris,
excluding the Extravagantes) , or which were due from Churches
situated in the Papal States. The decrees in question were not,
however, ratified by the Pope, and further negotiations were
accordingly necessary. The end of these, so far as Germany
was concerned, was reached in the treaty of Aschaffenburg,
or, as it is more correctly called, the Concordat of Vienna
(1448).! This, like the Concordat of Constance, conceded to
the Roman See the right of appointing to the following :

(i) To all church offices falling vacant through the death
of their occupants either in Curia, or in any other way apud
sedeni apostolicam.

(2) To all bishoprics and exempt abbeys when the election
has not been canonical, or has not taken place before the
expiry of the legal term. The right to be, however, reserved
to the Pope, acting on the advice of his cardinals, to set aside
a valid election, when a more worthy candidate is in the field.

(3) To the lower capitular benefices falling vacant in the

* Koch, Sanctio pragmat. Germ. 1789,



46 A Manual of Church History

first, third, fifth, &c. months of the year, the nomination of the
higher officials of the Chapter, according to the original wording
of the Concordat, being left to those who regularly confer the
dignities in question, but, according to the Bull of ratification
issued b3' Nicholas V, devolving on the Roman See. In the
event, the latter appointments were always made by
Rome.

(4) In lieu of the fructus primi anni, the Curia was to
receive, from the Chapters and monasteries of men — though
under no circumstance more than once in the course of a year
— a fixed tax, whilst any other preferment in the gift of Rome,
provided its value amounted to twenty-four florins a year,
was likewise to discharge the medii fructus by means of a tax.

The concessions, which were thereby made to the Roman
See, were in certain quarters regarded with disfavour, and as
Rome in the course of time gradually increased its demands,
discontent grew more intense and more general. We thus
meet with repeated complaints against the encroachments
of Rome on the German Church, and the grievance which
resulted had not a little to do with the success of the Protestant
Reformation in the sixteenth century. 1

In France an understanding was arrived at much later
than in the Empire. In the Pragmatic Sanction of Bourges
(1438) the French adopted, with a few modifications, the
decrees of Basel. The annates were abolished, and replaced
by a tax amounting only to a fifth of what had formerly been
paid, this practice being persisted in throughout the fifteenth
century, in spite of the efforts of the popes to obtain more
favourable treatment. True it is that, in 1461, the Sanction
was nominally abrogated by Lewis XI, but, this notwith-
standing, it continued in force. Only under Leo X did Rome
succeed in ridding itself of the obnoxious treaty, and even
then only at great costs. In the Concordat entered into by
Leo with Francis I (1516), the king was empowered to appoint
all the bishops, abbots, and priors throughout his dominions,
whilst the Pope was to have the right of confirming the
appointments, and of appointing his own candidate in case
of two unworthy candidates being successively proposed for

' B. Gebhardt, Di& Gravamina der d. Nation §egen den romischen Hof,
2nd ed. 1895.



Conventualism 47

a preferment. The Pope's right was also acknowledged to fill
the offices falling vacant apud sedem aposiolicani, and his right
of provision over certain French cathedral and collegiate
prebends was likewise ratified.

A Pragmatic Sanction, protesting against the usurpations and
exactions practised on France by the Holy See, and supposed to
have been drawn up by St. Lewis in 1269, and first heard of in 1452,
is a forgery dating from the years immediately following the
negotiations at Bourges in 1438. Cp. MICE. 1887, pp. 353-96 ;
J. H.\LLER, I, 202, note I ; P. Schmitz, Zur Vorgeschichte des
Konkordates von Bourges, 1902.

A cleric holding for a time a benefice, besides that to which he
had been regularly appointed, was said to hold the former in
commendam [i.e. until otherwise bestowed), the latter being held
in titulum. As is clear, the difference between the holding of a
benefice in commendam, and a cumulus heneficiormn is more
verbal than real.



§148
Monasticism ^

A. Subsequent History of the Mendicant and Bene-
dictine Orders

In the period now under consideration monasticism had
fallen from the position it had once occupied. Excepting the
Carthusians, and to some extent the Cistercians, the older
Orders had not proved equal to their task. With increasing
wealth, luxury had entered the monasteries, and discipline
was relaxed. Many of the Benedictine establishments were
now little better than hostels for the maintenance of the gentry
and higher middle class.

The Franciscans were still split into two camps. Boniface
Vni quashed the decision of his predecessor by which the
Spiritual or stricter party had been merged into the Order of
the Celestine Hermits, and did his best to unite again all the
Franciscans under one rule. His successors also worked for a
like end. Clement V, after having in his Bull Exivi de Paradiso
explained, as Nicholas HI had done before, the points of the

' For literature, see § 127.



48 A Manual of Church History

rule which were in dispute, pronounced excommunication on
all gainsayers. John XXII acted with even greater severity.
These measures were, however, not completely successful, for
the schism was not removed, and a portion of the followers
of the stricter observance, known as the Fraticelli, Bizochi, &c.,
actually fell into heresy (cp. § 136). John himself came into
violent conflict even with the milder party over the question
of Christ's poverty. Dealing with a question then being
considered by the Inquisition of Narbonne, a chapter of the
Order, assembled at Perugia (1322), solemnly declared that
Christ and His Apostles had possessed no property. This
declaration was pronounced heretical by the Pope,i and action
was immediately taken against its propounder, Peter John
Olivi, who was then already dead. The difference of opinion
gradually made a separation inevitable. The French Obser-
vantines were granted a certain independence by the Council
of Constance (1415) — a like privilege was soon after bestowed
on the Spaniards — and were empowered to elect their own
general-vicar. By his Constitution Ite et vos in vineam meam
(1517), Leo X authorised the division into two distinct Orders,
the Observantines and Conventuals.

Something similar happened to the Carmelites. The
Great Schism, to begin with, occasioned a split in this Order,
as it also did in others, and though this was healed by the
restoration of unity to the Church, it was soon to be renew^ed.
A relaxation of the rule which had been obtained from Eugene
IV (143 1) proved obnoxious to many members of the Order,
with the result that the Carmelites followed the example of
the Francisans, and separated into Observantines and Con-
ventuals.

Though, on the whole, the state of the older Orders was far
from satisfactory, there were exceptions to the rule. In the
fifteenth century the desire for Reform .seized the Orders,
the greatest promotors of the movement being the Obser-
vantines, among them Bernardine of Siena (f 1444) and John
Capistran (f 1456).^ Mention must also be made of the Benedic-
tine congregation of Santa Giustina in Padua (141 2), founded

> C. 4, Extrav. Joh. XXII, tit. 14 ; cp. Christophe, Hist, de la papauU au
XIV^ Steele, I, 313 ff.

2 E. Jacob, Joh. v. Capistran, 1903-5.



The Knights Templar 49

by the Venetian Barbo, and of the congregation of Bursfeld,i
erected in 1440, which were instrumental in introducing
far-reaching reforms into the monastic hfe of Italy and northern
Germany.

B. The Orders of Knighthood

Even after the loss of Palestine a task still remained for
the knights to accomplish. For long after, the hopes of the
West were fixed on the re-conquest of Palestine ; neverthe-
less, as the Saracens were pushing steadily westwards, they
had to be met on other fields. At the same time it seemed
advisable to re-establish the Orders of Knights on a different
footing and to unite them in one society, especially as the
belief was rife that the fall of Acre was an outcome of the
bickerings between the Knights of St. John and the Templars.
Nicholas IV was the first to adopt measures to this end, but
his plan was never to be realised, as one of the two Orders
was soon to perish.

I. Against the Templars - charges of a shocking character
had been brought by Squin of Floiran. It was alleged that at
their initiation candidates were compelled to deny Christ, to
spit on a crucifix, and adore an idol, besides binding themselves
to sodomite and other unmentionable practices. This gave
Philip IV of France a pretext for interfering with the Order,
of whose power he had long been jealous, and whose property
he coveted. On an inquir^^ being sanctioned by Clement V,
the king, ostensibly in concert with the Pope, though really
quite independently, cast the knights into prison (autumn,
1307), confiscated their belongings, and called on the other
sovereigns to follow suit. His prisoners he put to the question,
i.e. compelled by torture to make compromising revelations.
Clement protested against these proceedings as an outrage on
the rights of the Pope and an insult to the Holy See, and
demanded that the captives and their properties should be

' Berliere, Des origines de la Congreg. de Bursfeld, Revue Benid. 1899 ;
LiNNEBORN, Die Reformation der westfdl. Benediktinerkloster tm 15 Jahrh.
durch die Bursfelder Kongregation, 1901.

- K. ScHOTTMiJLLER, Untergang des Templerordens, 2 vol. 1887 ; J.
Gmelin, Schuld odev Unschiild des Templerordens, 1893 ; Dollinger, The
Order of Knights Templars (Engl. Trans, in Addresses 1894); D. Z.f . G. XI
(1894), 242-75 ; MICE. 1905, pp. 213-15.

VOL. II. E



5o A Manual of Church History

handed over to himself, seeing that their Order enjoyed exemp-
tion. The protest seems, however, to have been merely a
matter of form, for only a few weeks later the Pope himself
issued an edict condemning the Templars, wherever resident,
to be imprisoned ; in the summer, 1308, alleging the results of
the trials at Poitiers and Chinon, he ordered a general trial of
all the Templars, and his subsequent attitude to the Order is
sufficiently clear from the decrees afterwards issued. Accord-
ing to their tenor no one was to give assistance to a Templar
by either counsel or deed, and those who persisted in denying
the charges were to be tortured into a confession. The judg-



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