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ways, yet was it none the less a service to humanity that, in those rude ages, there existed a moral force superior to high descent and martial prowess, which could remind king and noble that they must obey the law of God even when uttered by a peasant's son; as when Urban II., himself a Frenchman of low birth, dared to excommunicate his monarch, Philip I., for his adultery, thus upholding the moral order and enforcing the sanctions of eternal justice at a time when everything seemed permissible to the recklessness of power.

Yet, in achieving this supremacy, much had been of necessity sacrificed. The Christian virtues of humility and charity and self-abnegation had virtually disappeared in the contest which left the spiritual power dominant over the temporal. The affection of the populations was no longer attracted by the graces and loveliness of Christianity; submission was purchased by the promise of salvation, to be acquired by faith and obedience, or was extorted by the threat of perdition or by the sharper terrors of earthly persecution. If the Church, by sundering itself completely from the laity, had acquired the services of a militia devoted wholly to itself, it had thereby created an antagonism between itself and the people. Practically, the whole body of Christians no longer constituted the Church; that body was divided into two essentially distinct classes, the shepherds and the sheep; and the lambs were often apt to think, not unreasonably, that they were tended only to be shorn. The worldly prizes offered to ambition by an ecclesiastical career drew into the ranks of the Church able men, it is true, but men whose object was worldly ambition rather than spiritual development. The immunities and privileges of the Church and the enlargement of its temporal acquisitions were objects held more at heart than the salvation of souls, and its high places were filled, for the most part, with men in whom worldliness was more conspicuous than the humbler virtues.

This was inevitable in the state of society which existed in the early Middle Ages. While angels would have been required to exercise becomingly the tremendous powers claimed and acquired by the Church, the methods by which clerical preferment and promotion were secured were such as to favor the unscrupulous rather than the deserving. To understand fully the causes which drove so many thousands into schism and heresy, leading to wars and persecutions, and the establishment of the Inquisition, it is necessary to cast a glance at the character of the men who represented the Church before the people, and at the use which they made, for good or for evil, of the absolute spiritual despotism which had become established. In wise and devout hands it might elevate incalculably the moral and material standards of European civilization; in the hands of the selfish and depraved it could become the instrument of minute and all-pervading oppression, driving whole nations to despair.

As regards the methods of election to the episcopate, there cannot be said at this period to have been any settled and invariable rule. The ancient form of election by the clergy, with the acquiescence of the people of the diocese, was still preserved in theory, but in practice the electoral body consisted of the cathedral canons; while the confirmation required of the king, or semi-independent feudal noble, and of the pope, in a time of unsettled institutions, frequently rendered the election an empty form, in which the royal or papal power might prevail, according to the tendencies of time and place. The constantly increasing appeals to Rome, as to the tribunal of last resort, by disappointed aspirants, under every imaginable pretext, gave to the Holy See a rapidly-growing influence, which, in many cases, amounted almost to the power of appointment; and Innocent II, at the Lateran Council of 1139, applied the feudal system to the Church by declaring that all ecclesiastical dignities were received and held of the popes like fiefs. Whatever rules, however, might be laid down, they could not operate in rendering the elect better than the electors. The stream will not rise above its source, and a corrupt electing or appointing power is not apt to be restrained from the selection of fitting representatives of itself by methods, however ingeniously devised, which have not the inherent ability of selfenforcement. The oath which cardinals were obliged to take on entering a conclave-"I call God to witness that I choose him whom I judge according to God ought to be chosen "—was notoriously inefficacious in securing the election of pontiffs fitted to serve as the vicegerents of God; and so, from the humblest parish priest to the loftiest prelate, all grades of the hierarchy were likely to be filled by worldly, ambitious, self-seeking, and licentious men. The material to be selected from, moreover, was of such a character that even the most exacting friends of the Church had to content themselves when the least worthless was successful. St. Peter Damiani, in asking of Gregory VI. the confirmation of a bishopelect of Fossombrone, admits that he is unfit, and that he ought to undergo penance before undertaking the episcopate, but yet there is nothing better to be done, for in the whole diocese there was not a single ecclesiastic worthy of the office; all were selfishly ambitious, too eager for preferment to think of rendering themselves worthy of it, inflamed with desire for power, but utterly careless as to its duties.

Under these circumstances simony, with all its attendant evils, was almost universal, and those evils made themselves everywhere felt on the character both of electors and elected. In the fruitless war waged by Gregory VII. and his successors against this all-pervading vice, the number of bishops assailed is the surest index of the means which had been found successful, and of the men who thus were enabled to represent the apostles. As Innocent III. declared, it was a disease of the

Church immedicable by either soothing remedies or fire; and Peter Cantor, who died in the odor of sanctity, relates with approval the story of a Cardinal Martin, who, on officiating in the Christmas solemnities at the Roman court, rejected a gift of twenty pounds sent him by the papal chancellor, for the reason that it was notoriously the product of rapine and simony. It was related as a supreme instance of the virtue of Peter, Cardinal of St. Chrysogono, formerly Bishop of Meaux, that he had, in a single election, refused the dazzling bribe of five hundred marks of silver. Temporal princes were more ready to turn the power of confirmation to profitable account, and few imitated the example of Philip Augustus, who, when the abbacy of St. Denis became vacant, and the provost, the treasurer, and the cellarer of the abbey each sought him secretly, and gave him five hundred livres for the succession, quietly went to the abbey, picked out a simple monk standing in a corner, conferred the dignity on him, and handed him the fifteen hundred livres.

ON

CIVIL LAW AND THE INQUISITION.

[From the Same.]

N secular jurisprudence the example of the Inquisition worked even more deplorably. It came at a time when the old order of things was giving way to the new-when the ancient customs of the barbarians, the ordeal, the wager of law, the wer-gild, were growing obsolete in the increasing intelligence of the age, when a new system was springing into life under the revived study of the Roman law, and when the administration of justice by the local feudal lord was becoming swallowed up in the widening jurisdiction of the crown. The whole judicial system of the European monarchies was undergoing reconstruction, and the happiness of future generations depended on the character of the new institu tions. That in this reorganization the worst features of the imperial jurisprudence the use of torture and the inquisitorial process-should be eagerly, nay, almost exclusively, adopted, should be divested of the safeguards which in Rome restricted their abuse, should be exaggerated in all their evil tendencies, and should, for five centuries, become the prominent characteristic of the criminal jurisprudence of Europe, may safely be ascribed to the fact that they received the sanction of the Church. Thus recommended, they penetrated everywhere along with the Inquisition; while most of the nations to whom the Holy Office was unknown maintained their ancestral customs, developing into various forms of criminal practice, harsh enough, indeed, to modern eyes, but

wholly divested of the more hideous atrocities which characterized the habitual investigation into crime in other regions.

Of all the curses which the Inquisition brought in its train this, perhaps, was the greatest-that, until the closing years of the eighteenth century, throughout the greater part of Europe, the inquisitorial process, as developed for the destruction of heresy, became the customary method of dealing with all who were under accusation; that the accused was treated as one having no rights, whose guilt was assumed in advance, and from whom confession was to be extorted by guile or force. Even witnesses were treated in the same fashion; and the prisoner who acknowledged guilt under torture was tortured again to obtain information about any other evil-doers of whom he perchance might have knowledge. So, also, the crime of "suspicion suspicion" was imported from the Inquisition into ordinary practice, and the accused who could not be convicted of the crime laid to his door could be punished for being suspected of it, not with the penalty legally provided for the offence, but with some other, at the fancy and discretion of the judge. It would be impossible to compute the amount of misery and wrong, inflicted on the defenceless up to the present century, which may be directly traced to the arbitrary and unrestricted methods introduced by the Inquisition and adopted by the jurists who fashioned the criminal jurisprudence of the Continent. It was a system which might well seem the invention of demons, and was fitly characterized by Sir John Fortescue as the Road to Hell.

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The Christian's nobler plan

But palliates the ill:

All man can do for man

Leaves Earth in misery still.

The riddle who can read?

Who guess the reason why?
We know but this, indeed,

We are born, we grieve, we die!

Julia Caroline Ripley Dorr.

BORN in Charleston, S. C., 1825.

MARTHA.

[Friar Anselmo, and other Poems. 1879.—Afternoon Songs. 1885.]

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