it was occasionally violated, and the violation usually attended with outrage, they must, nevertheless, have reaped great advantage, and especially in peaceful periods. But such partial profits have always a drawback in the || jealousy whica the distinction occasions, and which exposes those who enjoy it to the distrust and dislike of their fellow subjects.

||

we may remark, that all the movable property of this body fell under the same jurisdiction.*

Another very large class, under the denomination of 'miserabiles persona' (persons in distress,) was also exclusively subjected to the episcopal courts. It comprehended, even in the first instance, a multitude of the lowest orders; and it was presently so enlarged as to include orphans and widows, the stranger and the poor, the pilgrim and the leper.† Again; the opportunity offered by the Crusades was not neglected in the progress of usurpation; and in this case the arm of ecclesiastical justice extended itself not only over all who engaged in the expedition, but over those too who had bound themselves by the vow.

A great facility was also afforded for enlarg ing the boundaries of ecclesiastical jurisdiction, by the want of definiteness in the nature of the offences subject to it. These were designated by one name, spiritual; but it is clear that, in an ignorant age, that term might be so extended by an artful priesthood as to em

there are no sins and few crimes which do not indicate some disease of the soul, and touch its eternal safety.

Ecclesiastical jurisdiction. We have already observed how extensive, and, at the same time, how indefinite, were the rights of jurisdiction, which were partly conferred on the church and partly confirmed to it by Charlemagne,rights, which were scarcely less important to the general influence of the clergy, than their learning or their revenues. During the tumults of the three following centuries, they were transgressed or exceeded as the civil or ecclesiastical portion of the state happened in any country to preponderate; but they appear to have sustained no permanent alteration, either in abridgment or increase, until the be- || ginning of the twelfth century. About that time the ecclesiastical tribunals commenced a system of encroachment, which made great progress even before the pontificate of Inno-brace every sin and almost every crime; since cent, and was carried by that Pope and his successors to still greater excess, and seemed to threaten the entire subversion of the secular courts.* It was the first step in this usurpation to multiply the number of persons subject to the jurisdiction of the church; the next, to extend almost without limit the offences of which it took cognizance. The first of these objects was accomplished by the || indiscriminate Tonsure, which we have before mentioned to have been so generally given || by the bishops. This sign of the clerical state did not indicate ordination or any spiritual || office; but it conferred the use of the ecclesiastical habit, and with it the various privileges and immunities enjoyed by that order, without the restraint of celibacy, to which it was liable. This very numerous class, though for the most part engaged in secular professions and occupations, was subject to no other than the episcopal tribunals; and

* Tirate tutte le cause d' appellazione in Roma, si proccurò d' ampliare la giurisdizione del Foro Episopale, è stendere la conoscenza de' Giudici Ecclesiastici sopra più persone ed in più cause, sicchè poco rimanesse a' magistrati secolari d' impicciarsene. Giannone, Ist. di Napoli, lib. xix., c. v., sect. iii.

† In this respect, those persons were placed in the condition of the priests of the Greek Church: they were allowed to marry once only, and a virgin.

In the kingdom of Naples, under the dynasty of
Anjou, this matter afterwards went so far (says Gill

The general term, under which ecclesiastics contrived to comprise the greatest number of causes, was Bad Faith; as being unquestionably a sin, yet such, that an action could sel dom occur, in which both parties were clear from the suspicion of it. Thus they claimed for their tribunals all trials on executions of contracts, because the contract was founded on oath. They also claimed to be natural in terpreters and executors of all wills and testa ments, as being matters peculiarly connected with the conscience; and thus they gradually extended the spiritual net over the entire field of civil litigation.§ But they forgot that that annone), that even the concubines of the clergy enjoyed immunity from secular jurisdiction.

* In conseguenza di quella massima mal intesa, mobilia sequuntur personam.-Giann. loc. cit.

We refer to the seventh chapter of Mr. Hallam's Middle Ages. It is a bold and, in most respects, an accurate disquisition on papal history.

'Si peccaverit frater tuus, dic Ecclesie.' This seems to have been the text on which ecclesiastical jurisdiction was mainly founded. It had a much better foundation in the superior intelligence and moral principles of ecclesiastics.

§ Having once interfered in the matter of wills, the bishops proceeded in some countries to arrogate the power of making wills for the laity, ad pias causas; and the interests of the church were advanced by that

which properly belonged to them was censure, || distribution, we may properly consider these not jurisdiction; or they affected artfully to confound the office of penal chastisement with that of penitential correction. The encroachments of the church were aided by the negligence, as they were almost justified by the incompetence, of the lay tribunals; and they had already made considerable advances, with little apparent opposition, and acquired extensive conquests in the domains of secular jurisdiction, at the time when Innocent III. took possession of the pontifical chair.

objects to have been four; not, indeed, that they were thus minutely analysed in the mind of Innocent, or that his daring schemes subject to any such classification: but the historian who contemplates great transactions after an interval of many centuries, and a change in many principles, is bound to consider particular actions as parts of the whole mighty drama, in the respect they bear to the circumstances of the actors, and the character of the age. Thus it is, that in studying the actions of Innocent III., our observation is necessarily most directed to the following points:

From the above circumstances, we have reason to presume that in actual authority, not || less than in moral influence, the church had I. To establish the temporal power of the acquired growth and strength since the era Holy See in the city of Rome, and in the ecof Gregory VII.; and that the sacred militia, clesiastical states; and to enlarge their boundwhom Innocent was appointed to command, aries. II. To fix the preeminence of the and by whose aid he meditated and almost papal over the royal authority, throughout all accomplished the destruction of the temporal the kingdoms of the west, and to reduce all authorities, then exerted a much more power-princes to the condition of vassalage to the ful control over every department of society, Pope; which was, indeed, merely a continuthan it had ever possessed at any former pe-ation of the scheme of Gregory. III. To enriod. large the pontifical authority and influence within the church. IV. and lastly, To secure the unity of the faith by the extirpation of heresy. All these were at that time becoming essential parts of the papal polity; and almost

We shall obtain a more distinct knowledge of the designs and success of that celebrated pope, if we examine separately the principal points to which his exertions were directed, than we could gain by a chronological narra- || all the important acts of Innocent may be tive of his pontificate. According to such a traced to some one of them.

piety. Some were found who even claimed the property of all intestate persons. Again, when the interests of a clerk were involved in connexion with those of laymen, the decision was claimed by the Ecclesiastical Court. So also, when the cause was very difficult in point of reason, in case of the incompetence, negligence, or suspiciousness of the lay judge, the matter was referred to the Episcopal

I. The temporal power of the Pope. As the policy of the Holy See becomes more and more entangled in temporal transactions, as we observe the spiritual majesty of the apostolical chair gradually degenerating into the Court of Rome, it is fit that we employ a few Tribunal. So likewise, under the name of forum which was subject to its immediate sway; sentences on the character of the people mixtum, it claimed its share in all cases of bigamy, usury, sacrilege, adultery, incest, concubinage, blas- partly because we shall thus discover what phemy, sortilege, perjury, as in those of tithes and sort of instruments for their secular designs pious legacies. So in all causes arising from mar- the Popes possessed at home, and partly that riage, as being a Sacrament of the church. And we may learn, whether the great moral blesslastly, there were some Roman doctors who maintain-ings were more abundantly diffused among ed that every condemned person in every country the subjects of an ecclesiastical monarchy. should be sent to Rome for punishment; seeing that Rome was the common country and metropolis of all For this purpose we shall select two very men, that the world was Roman, and all its inhabit- well known authorities, the one from the tenth, anta atizens and subjects of Rome. -Giannone, loc. the other from the thirteenth century, only cit. The following lines were intended to compre-premising that, though the particular facts hend the jurisdiction of the spiritual court:Hæreticus, Simon, foenus, perjurus, adulter, Pax, privilegium, violentus, sacrilegusque; Si vacat Imperium; si negligit, ambigit, aut sit Suspectus judex; sit subdita terra, vel usus, Rusticus et servus, peregrinus, feuda, viator. Si quis pæniteat, miser! omnis causaque mistaSi denunciat Ecclesiae quis, judicat ipsa. We shall take a future opportunity of recurring to the subject of Ecclesiastical Jurisdiction

which they convey may be highly colored, the general consent of history confirms the substance.

Character of the Romans. Luitprand,* who was sent as legate from Otho the First to the Eastern Emperor, expressed in this language

*See Luitpr. Legatio, apud Muratori Script. Ital vol. ii.; also Dissertat. 40 ejusd. auct.

grandiloquous and inefficient; most profuse in promise, most niggardly in performance; the smoothest flatterers, the most venomous detractors,' &c. Among such as these you are proceeding as their pastor, covered with gold and every variety of splendor. What are your sheep looking for? If I dared

to use the expression, I should say, that it is a pasture of demons rather than of sheep.'..

the sort of reputation then possessed by the || obtain favors, restless while obtaining them.
Roman people:- We Lombards despise ungrateful when they have obtained them,
them so deeply, that for our very enemies,
when most moved against them, we can find
no designation more contumelious, than Ro-
man. In this single term, I mean Roman, we
intend to comprehend all that is base, all that
is cowardly, all that is avaricious, all that is
luxurious, all that is false and lying-ay,
every vice that has a name.' The evidence
of St. Bernard on the same subject is more
particular, and scarcely more honourable to
the descendants of the Gracchi:-'Why
should I mention the people? the people is
Roman. I have no shorter, nor have I any
clearer term to express my opinion of your
parishioners (parœcianis.) For what is so
notorious to all men and ages as the wanton-
ness and haughtiness of the Romans? A
race unaccustomed to peace, habituated to
tumult―a race merciless and intractable, and
to this instant scorning all subjection, when
it has any means of resistance. Whom
will you find, even in the vast extent of your
city, who would have you for Pope, unless
for profit, or the hope of profit? And it is
then most that they seek to rule, when they
profess to serve. They promise fidelity, to
have the better means of injuring those who
trust them.
They are men too proud
to obey, too ignorant to rule, faithless to supe-ly exercised by the Patrician and the Bishop*
riors, insupportable to inferiors; shameless in
asking, insolent in refusing; importunate to

*

Ita omne

* Eugenius III. The passage in the De Conside-
ratione, lib. iv. Cap. ii. We have purposely omitted
some parts of it in the text, the following for instance:
➡'Et nunc experire paucis noverimne et ego aliqua-
tenus mores gentis. Ante omnia sapientes sunt, ut
faciant mala, bonum autem facere nesciunt. Hi in-
visi terræ et cœlo utrique injecere manus, impii in
Deum, temerarii in sancta, seditiosi in invicem (qu.
judicem ?) æmuli in vicinos, inhumani in extraneos;
quos neminem amantes amat nemo. Et cum timeri
affectant ab omnibus, omnes timeant necesse est. Hi
sunt qui subesse non sustinent,' &c.
humile probro ducitur inter Palatinos, ut facilius,
qui esse quam qui apparere humilis velit, invenias.
Timor Domini simplicitas vocatur, ne dicam fatuitas,'
&c. These Palatines seem to have been the emi-
Dent Ecclesiastics resident at the Holy See. The
cardinals, who formed the nucleus of the future court
of Rome, though now gradually rising in dignity,
were not yet, probably, in possession of any corporate
prerogatives. We shall only add one more testimony,
that of John of Salisbury, the contemporary and
countryman of Adrian IV., against the Roman clergy:

...

Provinciarum diri. punt spolia, ac si thesauros
Croesi studeant reparare. Sed recte cum iis egit
Altissimus, quoniam et ipsi aliis et sæpe vilissimis
hominibus dati sint in direptionem.'.

Many of the features in this revolting picture are common to the courts of every climate and religion-to the sycophants of every race and age. The exclusive appropriation of meanness and treachery-the monopoly of human baseness-could not truly be ascribed even to the people of Rome. But there is one among the vices imputed to them which was indeed their characteristic-restless and turbulent insubordination. Shall we consider this defect as the corruption of an ancient virtue? Certainly even a cursory review of the government (if government it can be called) under which the imperial city had struggled for above four centuries, will show that the vice, whether indigenous or not, received much encouragement and excuse from extraneous circumstances. We have already mentioned the doubtful limits of the authority respective

under the Greek emperors. When that rule finally passed away, Charlemagne (and before him Pepin) assumed the temporal administration of Rome under the same name, Patrician; and during his reign the imperial supremacy was in practice felt, as it was undisputed in right. Weaker princes, and ages almost of anarchy succeeded. Nevertheless, the supreme dominion of the emperors, which may have been partially suspended, was re-established by Otho; 'their title and image were engraven on the Papal coins, and their jurisdiction was marked by the sword of justice which they delivered to the Prefect of the city.'

*

On the other hand, the residence of the Emperor was remote, and the communication slow and precarious. Once only, in the course perhaps of a long reign, he presented himself visit was to receive his crown from the ponto his Roman subjects. The purpose of that tifical hand, and the ceremony was usually attended with tumult and bloodshed. Again - at that coronation he thrice repeated the royal oath, to maintain the liberties of Rome. The ancient fable, too, was continually incul

* See Gibbon's 69th chapter

cated, and perhaps universally believed, that || archy. In the first instance, the name and

authority of the Senate was condensed in the office of a single magistrate-the Senator; and soon afterwards in that of two colleagues. The most jealous precautions* were taken to secure their integrity, or, at least, their harm

the turbulence of the subjects seem to have been rivalled by the rapacity of the rulers. Another scheme, which had been elsewhere successful, was then applied to the disorders of Rome. In the dearth of native virtue, or at least in the despair of domestic disinterest

Constantine had consigned the temporal sceptre to the hand of the Bishop. And in those ages of superstitious darkness, the prejudices of mankind saw nothing incongruous in the double character of a sacerdotal monarch. These circumstances were on both sides un-lessness. But they were still Romans; and favorable to the welfare of Rome, for while they neutralized, and almost destroyed the power of the Prefect, they gave no substantial foundation to that of the Pope. So that in the uncertainty thus created, as to where the civil executive authority really was placed, the people were left without any efficient control.edness and impartiality, she called to the helm Their inclination would naturally lead them to respect most the power, which was more nearly and immediately exercised. But the short reigns of most of the Popes; the tumultuous scenes which commonly disgraced their election, and which were prolonged so obstinately whenever there was a rival for the chair; the very circumstance, that the choice of a ruler was influenced by the rabble - all conspired to lower his dignity, and to lessen the efficacy of his temporal authority. It is true, that during the latter half of the twelfth century, after the constitution of Alexander III. (in 1179,) these evils were in some degree abated. Still there were no principles of stability in the civil administration; and it is "scarcely too much to assert that, from the time of Charlemagne to that of Innocent, the pontifical city had never once. felt either the restraint or the blessing of a strong government. The regulation of Alexander III. was an omen of greater improvements. But a change of more importance in the civil history of Rome was the establishment of the Senate; and this is referred, as a permanent act, to the year 1144. In the meantime, the dignity of 'Prefect of the City' had gradually declined to a municipal office, filled from the families of the native nobility. Even the name was, for a short time, abolished, and succeeded by that of Patrician, though it was speedily restored, together with the original ensigns of power. But at length Innocent III. broke off || the last link of the imperial power. He rejected at the same time its ancient emblem; and while he absolved the Prefect from all dependence of oaths or service on the German Emperors, he removed the sword from his hand, and substituted a peaceful banner in its place.

But the tranquillity of Rome was not secured by its independence; and other changes succeeded, in the difficult attempt at self-government by a people educated almost in an

of state a foreign governor. It was about the year 1250, that Brancaleone of Bologna was chosen Senator; and, in the progress of seventy-eight years, the same office was filled and dignified by Charles of Anjou (about 1265,) by Pope Martin IV. (in 1281,) and lastly, by Lewis of Bavaria; and thus (says Gibbon) both the sovereigns of Rome acknowledged her liberty by accepting a municipal office in the government of their own metropolis.' A government susceptible of such strange anomalies could not hope for peace or permanence. Even the secession of the Popes to Avignon did not emancipate Rome from their occasional sway, and their ceaseless persecution. And thus the people were doubly sufferers-they suffered, when subject, from the weakness of an absent sceptre-they suffered, when independent, from the perpetual struggles which were made to reduce them. After seventy years of foreign residence, the Pontiffs returned to their legitimate abode. But the schism, which immediately followed the restoration, still further enfeebled a grasp already trembling with the weight of the temporal sword. That inveterate turbulence, transmitted through so many ages, continued for some generations longer; and it was not until the middle of the fifteenth century, that the pontifical city became permanently subject to pontifical government.

Temporal policy of Innocent. From this short anticipation of some future events, we return to observe the working of that powerful hand, which influenced so deeply the

*According to the laws of Rome (in the fifteenth century), the Senator was required to be a Doctor of Laws, an alien, of some place at least forty miles distant, and unconnected, to the third canonical degree, with any Roman inhabitant. The election was annual; the departure from office was attended with a severe scrutiny; nor could the same person be reelected until after two years. The salary was 3000 florins. Gibbon, c. 70.

||

* or real) of Constantine, and Pepin, and Charlemagne, and Lewis the Meek, and even Matilda, formed, in fact, if not a mere field for incessant contention, at best a very precarious and unprofitable possession.

destinies of the Church, and which influenc- || cessive donations (pretended ed them almost wholly for evil-and in no one respect more so, than when it constructed the temporal fabric for the support of a power essentially spiritual, and waved before those brilliant portals the dark bloodstained edge of the material sword. Possibly the powerful mind of Innocent was seduced into II. On the Usurpations of Papal over Royal those projects by the inviting circumstances Authority.—In respect to this part of the ponof the moment. During his entire pontificate tifical system, we have already seen that the the situation of the empire was extremely fa- equivocal glory of creating it is not due to vorable to any hostile schemes. The legiti- Innocent; he received it from former (permate sovereign (afterwards Frederic II.) was || haps from better) ages, among the established a minor, and the sceptre was for some time duties of the apostolical office. It was sealed disputed by two princes (Philip and Otho by the consent of many venerable Pontiffs; by IV.,) to each of whom the patronage of the the authority of Gregory VII. It was conPontiff was equally important. At a later genial to the unconverted pride of the human period, after the death of Philip, the dissen-heart-that passion, which burnt most fiercesion was renewed, in another form, but with || ly in the breast of Innocent, and which the the same character, between Otho and Fred- waters of the gospel were seldom. invited to eric; and the latter of these rivals now be- allay. His was indeed the character formed, came as anxious to cultivate the friendship of under whatsoever ordination of Providence, the Pope, as heretofore the former. Innoto fill up the outlines so daringly traced, and cent availed himself of these advantages to to pursue the scheme which his great predeenrich and fortify the Church at the expense cessor had bequeathed to him. The same of all those disputants, or at least of the em- circumstances which forwarded his other pire which they disputed. Accordingly, one temporal projects were, as far as they extenof the earliest acts of his reign was to dis- ded, favorable to this. Once more he drew arm the Prefect of all authority derived from his strength from the divisions of the empire. abroad, and thus to erase the last remaining|| He deposed Philip-Philip denied his right— vestige of Gerinan domination. Again, the|| but it was willingly acknowledged by the rival extensive donation of territory which the Princess Matilda had made to the Roman see, during the administration of Gregory VII., had been unceasingly contested by the empire; and the greater force had generally constituted the better right. Innocent, towards the end of his pontificate, was enabled so far to profit by the weakness of Frederic, as to obtain from that prince a formal confirmation of the grant; at the same time, a considerable territorial cession, made to the see by the Count of Fundi, received the same ratification. It is proper, indeed, to ascribe the completion of this work to Nicholas IV., who ruled about seventy years afterwards. That Pope reduced under his dominion some cities, which had hitherto owned a nominal allegiance to the Emperor; and extended the states of the Church to those nearly which are their present boundaries. But to Nicholas no higher celebrity is due, than that he pursued with success the policy which had descended to him from his predecessors, and which had received its first impulse from Innocent; for, until his pontificate, the temporalities of the see, notwithstanding the suc

Otho, who did not scruple to accept (in 1209) the diadem from the pontifical hand. Only three years afterwards the Pope pronounced, in the same plenitude of power, the same sentence of anathema and deposition against Otho. With what justice could Otho dispute the power by which he had deigned to rise? The vacant throne was then conferred upon. Frederic.

A purely spiritual despotism can rest on no other ground than popular prejudice-commands which have no visible power to enforce them will only be obeyed through a general predisposition to believe, that they proceed from some still superior authority. The monarch would have derided the sentence of deposition, had it not found attention and respect among his subjects. That it should ever have acquired such general respect may indeed seem strange, and the causes which were then

* Sismondi (Repub. Ital. c. iii.) remarks that 'as the act of Pepin's donation is lost, we know not on what conditions it may have been made.' He also expresses a reasonable doubt, whether this donation, though nominally confirmed by Charlemagne and Lewis, was ever effectuated