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The next pope was a very old man, Honorius IV (1285-1287). The
ill-fated French expedition to Aragon had not, indeed, yet begun its
march when he was elected (2 April, 1285); but although Edward I of
England intervened immediately, [ ] suggesting to the new pope that he
persuade Philip III to halt the military preparations and that
negotiations be opened with Peter of Aragon, the die was cast.
Honorius, a noble of ancient Roman stock, [ ] might well intend -- it
would seem he did so intend -- to reverse his predecessor's policy, and
to follow the ways of Nicholas III and Gregory X, working for peace by
removing the causes of wars before these became impossible to control.
He would hold in check the new powerful French combination, now master
of France and southern Italy, by a constant support of the Habsburg
emperor in Germany; and also, while, as a good suzerain, he supported
the King of Sicily, he would carefully supervise his whole political
activity. But the pope could hardly condone, out of hand, the Aragonese
occupation of Sicily: it was by all the standards of his time, no more
than a successful act of international piracy; nor could he, humanly
speaking, have expected the King of France to abandon the profitable
holy war against the pirates, now, upon the instant, and at his sole
word. The mischief done by the alliance of Pope Martin with King
Charles must, perforce, work itself out.
Had Honorius IV enjoyed anything beyond one of the shortest of papal
reigns he might, however, really have achieved the aims of his
peace-inspired diplomacy. For within nine months of his election the
whole international situation altered very remarkably. Charles of Anjou
had died and his successor, Charles II -- a feeble king indeed by
comparison with his formidable father -- was a prisoner of war in
Aragon; Philip III of France had met his tragic death at Perpignan, and
the new king, Philip IV, had tacitly abandoned the crusade against
Peter III; Peter III himself had also died, of his wounds (November 10,
1285), and had divided up his lands: [ ] Aragon and the new conquest,
Sicily, were no longer united under the one ruler.
Honorius made good use of his opportunity in southern Italy. Taking
over, as suzerain, the actual administration, he decreed a general
restoration of law and government such as these had been before the
first Hohenstaufen kings had built there the centralised, despotic
state that was a model of its kind. And the pope even began to show
himself willing to negotiate with Aragon about Sicily. At the same
time, in Germany, Honorius IV arranged to crown Rudolf of Habsburg as
emperor, to set thereby a seal upon Gregory X's restoration of the
Empire. Since Rudolf had refused to join the crusade against Aragon,
and had protested against German church revenues being used for it,
this great gesture would fix firmly before the mind of the time the
papal determination not to be the tool of French ambitions.
But Honorius IV was already in his seventy-seventh year, and long
before the date appointed for the coronation (2 February, 1288) he was
dead (13 April, 1287); his diplomacy had scarcely begun to put the new
situation to good use. With Honorius there disappeared the last
authentic representative of the skilful diplomatic tradition that went
back to Innocent III, the tradition in which the popes had managed the
rival chiefs of the respublica christiana while yet contriving never
themselves to descend into the arena of inter-state competition, and
always to give to their action the authentic note of an intervention
from outside all conflict. Martin IV had dealt that tradition a
terrible blow; his immediate successor had not been given the time to
repair it; now would follow two long weakening vacancies of the Holy
See [ ] and two weak pontificates; and when, ten years after the death
of Honorius IV, there would come once more a strong pope, moved to
remould his universe after the best thirteenth century tradition, the
moment had gone by. Nor was that strong pope, Boniface VIII, gifted
with the wholly impersonal zeal, and detachment from all but the good
cause, which had been the essence of the success he so needed to renew.
The best papal interpretation of the pope's role as chief of the
respublica christiana called for action that never passed beyond
diplomatic practice backed by sanctions that were spiritual. But in a
world where every temporal thing could be regarded as help or hindrance
to spiritual well-being, and where, by universal consent, the temporal
was subordinate in excellence to the spiritual, it had only been a
matter of time before the temporal -- blessed and consecrated for the
purpose -- was, in a score of ways, pressed into the service of the
spiritual. With Gregory IX (1227-1241) and Innocent IV (1243- 1254)
especially, [ ] the Holy See's use of such temporal things as armies,
fleets, systems of taxation, banking and loans, had expanded
enormously; its whole conception of its own authority and jurisdiction
over temporal affairs had expanded too. By the time of Martin IV and
Honorius IV the papacy had become a kind of supranational European
kingship, and to quote as a description, if not justification, of their
authority the text of Jeremias about planting and uprooting [ ] was now
a commonplace of the stylus curiae. So long as the papal policies were
victorious, what criticism there was of these new developments
remained, for the most part, underground. But the succession of
disasters in the reigns of these two last popes was an opportunity the
critics could not resist. All over Italy the Ghibelline tradition was
flourishing anew after a generation of eclipse; and alongside it there
flourished a lively revival of the spiritual teachings associated with
the great name of Joachim of Fiore. [ ]
The Incarnation and the Passion of Our Lord were not, according to this
new evangel, the high point of the divine mercy to man, and the
foundation of all that would follow. The reign of Christ was but a
preparation for a more perfect dispensation, the reign of the Holy
Ghost. This was now about to begin. There would no longer be a church;
the pope would joyfully resign his power to a new order of
contemplatives; the active life would cease, and all Christendom become
a vast monastery of contemplatives, vowed to absolute poverty; the law
of spiritual effort would cease and, the Holy Ghost being poured out in
a new and perfect effusion of gifts and graces, the law of spiritual
joy would reign unhindered. Pope, cardinals, hierarchy, systematic
theology, canon law -- these would not only disappear but their very
presence and survival were, at this moment, hindrances that delayed the
coming of the new age. The first duty of the faithful soul, then, was
to abandon them, to abandon the reign of Christ, to leave the bark of
Peter for the bark of John, and so prepare the way for the coming reign
of the Holy Ghost. [ ]
These theories are destructive, evidently, of all that Catholicism has
ever claimed to be, and destructive also of the whole civilisation
which, then, was very evidently bound up with traditional Catholicism.
For many years, however, the theories had found enthusiastic support in
one section of the great order of mendicant preachers, vowed to live in
poverty, that was the great legacy to the Church of St. Francis of
Assisi. To those elements in the order who had looked askance at the
new detailed regulations called for by the very expansion of the order,
and to those who fought the introduction of systematic theological
study for the preachers, and to all those -- and they exist in every
generation -- who had joined the brethren to satisfy and achieve their
own spiritual ideals (and after their own way) these anarchical
doctrines were most welcome. Already, in 1257, the pope had had to
intervene to save the order from developments that would have dissolved
it into a chaos of spiritual factions. Under the general then elected
to govern it -- St. Bonaventure [ ] -- who was maintained in office for
seventeen years, unity was slowly and peacefully restored and the
"Joachimite" tendencies disappeared. But they had never been destroyed.
Always there had been friars who remained attached to them, and the
tradition of devotion to them had been carefully handed down through
thirty years in more than one convent of Languedoc and central Italy.
The obvious preoccupation of the popes during all this time with the
paraphernalia of courts and governments was fuel on which the fire of
these "Spirituals" fed greedily. For years they watched these
developments and denounced them. In the present disasters to the causes
favoured by the Holy See, they saw the manifest chastisement of God's
hand, proof that their own theories were true, and the best of all
encouragement to press on the attack and destroy the present church.
The "Spirituals" possessed at this time (1287) a leader of great
intellectual power, personal charm, and known austerity of life, Peter
John Olivi. He was still a young man, [ ] and had been a pupil at Paris
of Peckham and of Matthew of Acquasparta, the two greatest of St.
Bonaventure's own pupils. Olivi was an unusually complex kind of
Franciscan, for he was an "intellectual," a scholastic philosopher and
theologian indeed of very high power, a "Spiritual" also, and, lastly,
a subtle commentator of the gospel according to Abbot Joachim. From a
very early age he was regarded as a force in his order; Nicholas III
had consulted him when the great decretal Exiit Qui Seminat was in
preparation. And then, four years later, in 1282, at the General
Chapter of his order at Strasburg, Olivi was accused of teaching false
doctrine. His Franciscan judges condemned several of his philosophical
and theological theories and Olivi accepted their verdict, under
protest that the Holy See had not condemned them. For four years
thereafter he was under a cloud, but now, in 1287, his old master,
Matthew of Acquasparta, had been elected Minister General, and Olivi
was given a lectorship in the great Franciscan school of Santa Croce at
Florence. One result of this promotion was a great revival of
"Spiritual" ideals in Tuscany.
Still more important to the Spiritual movement than Olivi's personality
was, seemingly, the sympathy professed for these friars by one of the
leading figures of the curia, the Cardinal James Colonna. He was the
lifelong friend and confidant of the pope, Honorius IV, and his contact
with the Franciscan Spirituals came through his affection for his very
remarkable sister, herself a Franciscan nun of the strict observance
and known to us as Blessed Margaret Colonna.
All the old controversies about the real meaning of the rule of St.
Francis now revived. Were the "Spirituals" the only real Franciscans?
Had the pope any right to lay down rules which -- so the "Spirituals"
maintained -- contradicted the will of St. Francis? And with these
controversies, and the controversies and fantasies about Abbot
Joachim's theories, there went a medley of speculation, preached and
rhymed about everywhere, as to the approaching end of the world, the
coming of antichrist, the manner of man he would be, and where he was
to be looked for. A great internal crisis was evidently threatening.
Unusual wisdom, and sanctity too, would be needed in the popes if these
restless elements were to be converted to a re-acceptance of the
traditional way to perfection, namely dependence on the supernatural
forces which the Church of Christ was founded to dispense. Toxins long
latent -- whatever their origin -- in the mystical body were
increasingly active in the blood stream. How could they best be
rendered harmless, and the members they affected be made healthy?
It was against this background of threatening chaos and revolt that the
cardinals debated the election of a successor to Honorius IV. After
eleven months they came to a choice, the cardinal Jerome of Ascoli,
Pope Nicholas IV: the new pope was a Franciscan.
But Jerome of Ascoli's election promised little to such of his brethren
as were tainted with the apocalyptic theories of Abbot Joachim. The new
pope had indeed, for a generation, been a leading influence in
Franciscan life, but not in the circles where Olivi was a master. After
a brilliant early career, as teacher in the University of Paris and
administrator, Jerome had been sent to Constantinople in 1272 as the
envoy of Gregory X, charged with the delicate business of bringing the
Greeks to take part in the forthcoming General Council. At Lyons he had
appeared with the Byzantine ambassadors as a kind of liaison officer
and when, during the council, St. Bonaventure, now a cardinal, resigned
his charge as Minister-General of the Franciscans, Jerome of Ascoli had
been unanimously elected in his place (20 May, 1274). Very suddenly,
only seven weeks later, the saint died, and from that time onward
Jerome had been the determining force of orthodox development within
the order. It was he who, as Minister-General, had summoned Olivi to
deliver up certain of his manuscripts and on reading them had ordered
them to be burnt for the harmful theories they contained. Another friar
to feel the weight of his severity was Roger Bacon who also, amongst
other things, showed a passionate credulity about the Joachimite
prophecies. It was, seemingly, by Jerome of Ascoli's orders that this
now aged Franciscan suffered his last monastic condemnation and
imprisonment.
Nicholas III (1277-1280) had made use of Jerome as a diplomatist and,
in 1278, had given him the red hat. The new cardinal had, at the pope's
command, retained for a time the general direction of the order and he
had been the chief influence in the promulgation of Nicholas' great
decretal Exiit Qui Seminat (14 August, 1279) which gave an
authoritative decision about the real meaning of the Franciscan ideal
of religious poverty, in the hope of ending finally the long disputes
of fifty years. The next pope, Martin IV, made him cardinal-bishop of
Palestrina, the city that was the chief centre of the Colonna
influence; and from now on Jerome of Ascoli gave himself to the care of
his diocese. History knows little more of him, in fact, until his
unanimous election as pope eight years later.
The death of his predecessor, Honorius IV, in April 1287, had not, of
course, halted the war or the wartime diplomacy. The long conclave
which followed was a golden opportunity for all parties to develop new
positions and advantages. The most striking success had fallen to the
King of Aragon. It was his especial good fortune that he still held
prisoner Charles II of Sicily, and the special opportunity for
exploiting this was the proffered mediation of the English king. Edward
I (1272- 1307). If Charles II -- religious, conscientious, timorous --
is the one lamb-like figure in all this long contest, our own Edward I,
caught between the rival duplicities of the Aragonese king and Philip
the Fair of France, [ ] shows an inability to appreciate the realities
of the case which, in another, might also be taken for lamb-like
innocence of the ways of wolves. Time and again Edward's political
anxieties made him the tool of the astute Alfonso and so, ultimately,
destroyed all belief in the bona fides of his arbitration and played
the French king's game, giving the pope whatever justification he
needed for favouring France rather than England.
The first fruit of England's intervention was the Treaty of Oloron (25
July, 1287). Aragon consented to release the captive Charles II -- who
had already renounced his rights to Sicily -- on the hard conditions of
an immense money payment, the surrender of sixty-three noble hostages
(among them his three eldest sons), and the pledge to negotiate a peace
between the two Aragonese kings [ ] on the one hand, and the chiefs of
the Franco-Papal alliance on the other, within three years: should a
peace satisfactory to Aragon not be concluded King Charles was to
return to his captivity or surrender his lands in Provence. The Papal
legates, present at the conference, allowed the treaty to be signed
without any protest. It was a quasi- surrender of all that the popes
had been fighting for in the last five years.
The King of France, however, refused the offer of a truce, refused the
hostages a safe conduct through his territory, refused all facilities
for the payment of the indemnity. The college of cardinals, also,
showed themselves hostile to the treaty, and when, seven months after
it was signed, they elected Nicholas IV, one of the pope's first
actions was to quash and annul it absolutely, to cite the King of
Aragon to appear at Rome within six months for judgment, and to order
Edward I to negotiate the liberation of King Charles on terms that the
Holy See could accept (15 March, 1288).
[genealogy page 39] Louis VIII + Blanche of Castile => Charles of Anjou
K. of Sicily 1266-1285 & St. Louis IX 1226-1270 St. Louis IX 1226-1270
+ Margaret of Provence => Philip III 1270-1285
James I of Aragaon => Isabella & Peter III Philip III + Isabella =>
Philip the Fair 1285-1314 Peter III => Alfonso III & James II
NB. Margaret, the wife of St. Louis, was also largely Spanish by blood
The vigour of the papal reply was promising. It was followed up by the
negotiation, under papal auspices, of a treaty between France and
Castile (13 July, 1288) in which the two kings pledged themselves to a
new attack on Aragon in alliance with the Holy See, and, after some
delay from the pope, by new concessions to Philip IV of Church revenues
to finance the offensive (25 September, 1288). The Ghibellines had been
too active throughout the summer for the pope to be able to maintain
his first independent attitude to France. Pisa had opened its harbours
to the fleet of de Loria. At Arezzo the bishop had gone over to the
same cause. At Perugia there were like activities, and at Rome itself
the city was preparing to welcome the anti-papal forces as it had
welcomed Conradin twenty years earlier. The pope was at the end of his
funds. The only way to wring a loan out of the French was by more
concessions.
Meanwhile Edward I had renewed his diplomatic work with the Aragonese
and, for total result, he had achieved a treaty [ ] still more
favourable to Aragon than the treaty the pope had annulled. But the
English king had, this time, made himself responsible for the indemnity
and the hostages, and Charles II had at last been set free.
A sad dilemma awaited him, for the pledged negotiator of peace walked
into a world of friends determined on war in his support. The pope
ordered him peremptorily to resume the style and title of King of
Sicily. The King of France refused to listen to his argument, and sent
him on to Rome with a protective escort of French knights. The pope,
knowing now that France was really behind him, felt stronger than ever
before. He excommunicated the Ghibelline bishops of Pisa and Perugia,
and ordered the King of Aragon to give back the money paid over in
accordance with the new treaty; also to surrender the hostages and to
come to Rome by October 1 (7 April, 1289). Whereupon the Ghibellines in
Rome rose, and after bloody street fighting drove out the pope. He fled
to Rieti, forty miles to the northeast of Rome, on the very frontier of
King Charles' realm and, undismayed by this local defeat, on Whit
Sunday (May 29) in the cathedral there, he crowned Charles as King of
Sicily with all possible pomp. Just a fortnight later the Florentine
victory of Campaldino (11 June) broke the Ghibellines of central Italy.
Success, it would seem, had justified Nicholas IV's bold initiative.
This was the high- water mark of his reign. The full flood of papal
favours was loosed for the King of France, praise for his devotion in
resuming the task taken up by his father in 1285, still more financial
concessions (to be wrung in specie from the clergy of France), the
preaching once more of the holy war against Aragon.
In reality it was the French who had triumphed; and this aspects of
events was by no means lost upon the chief hindrance to their
domination in western European politics, Edward I. The King of England
was necessarily interested in Franco-Spanish relations because he was
Duke of Aquitaine. The fact that he was also, as Duke of Aquitaine, the
vassal of the French king made his interest -- and above all his
present intervention as mediator -- highly unwelcome to the French, an
irritant that came near indeed to being a casus belli. Philip the Fair
had not been able to prevent the arbitration, but the award had been so
patently anti-French and anti-papal that it had crashed almost of
itself.
Edward now approached his problem from a wholly different angle. To
divert the pope from the approaching offensive against Aragon, he
proposed a new expedition to the Holy Land. He had, months before this,
taken the cross and sworn his crusader's oath (December 1288) and now
he besought Nicholas IV to rally all the princes of Christendom and to
fix a date for the armies to set forth. No demand, publicly made by a
special embassy, could have been more embarrassing, at the moment, for
the pope. But, as if to prove him right in his preoccupation with the
problem of Sicily, de Loria chose this moment to land a Sicilian army
on the Italian coast not ten miles from the papal frontier and to lay
siege to Gaeta (June- July 1289).
Edward was, for the moment, most effectively answered; and a Neapolitan
army moved out to besiege in turn the Sicilian army besieging Naples.
And now came two astonishing reversals for the Franco-Papal plans.
First a terrible thunderbolt from the East, the news that the Sultan of
Egypt had suddenly moved on Tripoli, the second greatest stronghold
still in Christian hands, and had taken it. To the English ambassadors'
demand that, in the interest of the Holy Places, they should be allowed
to negotiate a peace or a truce between the armies around Gaeta the
pope could not now say no. And then Charles II -- just as his son
Charles Martel had the Sicilians at the point of surrender -- took
command of his army, not, however, to fight but to reinforce the pleas
of the English. In the conferences which followed he renewed to de
Loria his old renunciation of all claims on Sicily, barely three months
after the pope had solemnly crowned him as its king. But Charles II was
now well away from the pope, and had outdistanced the legates sent to
watch his conduct of the negotiations. By the time they arrived de
Loria was celebrating his triumph.
All this was a great defeat for the pope, for the new treaty set free
the Sicilian fleet to aid the Aragonese. The chances of a successful
war against Aragon had suddenly shrunk, with Naples out of the war and
de Loria set free to repeat the feats of 1285. With the aid of Charles
II the papal diplomacy turned to consider how most easily to make peace
with Aragon. The plan finally decided on was ingenious. Charles of
Valois, titular King of Aragon since Pope Martin IV's grant in 1285, to
enforce whose right the popes had been waging this holy war, would
surrender his claims. Alfonso of Aragon -- styled by the popes a
usurper, but the actual sovereign, descendant and heir of the long line
of Aragonese kings -- would, in return for this recognition, surrender
all rights and claims to Sicily. Finally, Charles of Valois, as
compensation for surrendering his rights to Aragon, would receive in
marriage a daughter of Charles II of Naples who would bring him as
dowry her father's hereditary lands of Anjou and Maine. Charles II was
willing. It only remained to win the consent of Alfonso, and of Philip
IV of France; and in the first months of the new year (1290) an embassy
especially strong in personnel left Italy for France. The legates were
the two cardinals who had been sent to Gaeta, Gerard of Parma, cardinal
bishop of Tusculum, and Benedict Gaetani, the future pope Boniface
VIII.
It was now, at all costs, most important that the brother kings of
Aragon and Sicily should realise that the King of France actively
supported the pope's plan. No one understood this more clearly than the
king and, yet once again, he prepared to turn to the permanent
advancement of the royal power in France the pope's present need of his
support. Philip the Fair's opportunity lay in a dispute that had, for
some time now, been raging in France between different bishops and the
royal officials.
It was, once more, the bitterly fought question -- never finally
decided with any finality in these centuries when all Europe was
Catholic -- of the power of the king over ecclesiastics in temporal
matters, and the question of the power in temporals of ecclesiastical
lords over their vassals; but the conflict was, this time, to prove the
greatest opportunity so far given to a new force in the public life of
Christendom, to the lay jurist trained in the law of ancient Rome, the
man whose political ideal was to create anew, in the person of the
medieval king, the emperor of Roman legal theory.
It has already been noted [ ] how one very important feature of the
reform of Christian life associated with St. Gregory VII (1073-1085), a
turning point in the history of civilisation, was his care to recover,
by learned researches, the half-forgotten tradition of the ancient
Church law. The development, from these ancient sources, of the new
scientific canon law, which, by the time of Boniface VIII, was an
almost essential instrument of Church government, was contemporary with
a great revival of the study of the law of ancient Rome, as this is set
out in the corpus of law books published and imposed by the authority
of the Emperor Justinian (527-565). [ ] How the two systems developed
side by side, each influencing the other, so that from the schools of
Bologna in the twelfth century came the first great canonists and the
first great civilians too, is one of the commonplaces of medieval
history. [ ] One, most important, result of this renaissance of legal
study was the civilians' discovery and development of the Roman
conception of sovereignty, as Justinian's books set this forth.
The authority of the ruler, in the early Middle Ages, over his subject
who was a free man was considered to derive from a personal relation
between the two. It was a relation symbolised in the act of homage, by
which the vassal swore to be true to his lord, and by which the lord
was considered bound to protect the vassal. What authority over the
subject thence accrued to the lord was limited by known and mutually
acknowledged conventions. Nor could the lord, rightfully, extend that
authority outside the acknowledged field -- say in the matter of
exacting financial aids -- without the previous consent of the
inferior.
But the civilian legist discovered in the Roman Law an authority that
was a different kind of thing altogether -- the res publica, public
authority. For the Roman jurist sees not only the thousand, or the
million, men living together under the rule of the one prince, but, as
a thing distinct from any of them, or all of them, he sees also their
collectivity, a something superior to them all, and for the sake of
which, and in the name of which, they are ruled -- the State (if we
may, by many centuries, anticipate the modern term). It is this res
publica that is the real lord: and even the imperator is its servant,
even when he is using those extraordinary, final, absolute, sovereign
rights that are the very substance of his imperium.
As the centuries go by, the delegation of X or Y to be imperator, and
so to wield lawfully these sovereign powers, becomes but a memory, a
formality; and then less than that, until, long before the time of
Justinian, the emperor has become indeed, what a medieval jurist
describes him, lex animata in terris. The State is already a postulate
of political order, to which all else is subject; from which all rights
derive; owing its authority to none, but itself the source of whatever
authority there is; and now the emperor has become the State incarnate.
Nowhere do restrictions limit him that derive from any contract with
his subjects. Whether he make new laws, or impose new burdens, his
right is, of its nature, not subject to their discussion. [ ]
That the splendour of this sovereign omnipotence -- impersonal,
imprescriptible, indivisible, inalienable -- dazzled those on whom it
first shone forth from the long neglected texts of the ancient Roman
jurists, is understandable. And for a time they all clung faithfully to
the primitive faith that, upon this earth, there could be but one such
source of rights. Princes might be many, but there could only be one
incarnation of such sovereignty as this. To the one emperor all other
kings must then, in some way, by the nature of the case, be subject.
But gradually, during the thirteenth century, legists in lands where
the new emperors of these later times -- the anointed chiefs of the
Holy Roman Empire of the German Nation -- possessed not a title of real
authority, in the bitterly anti- imperial city states of northern
Italy, for example, and in France, developed an accommodation of the
theory of sovereignty, that would make, say, the power of the King of
France over the French the same kind of splendid, impersonal,
all-powerful sovereignty. The new maxim began to have legal force that
all kings were emperors, in respect of their own subjects; [ ] and of
them too was Justinian's dictum held to be true that the prince's
decision has force of law. [ ] No sovereign prince needs to seek assent
or confirmation, from any source, in order that his will may truly bind
his subjects.
There are many more implications -- of very great importance for the
history of the legal, political, and social development of medieval
Europe -- in these principles as they are now being developed. But the
interest of these developments for this chapter is in a type of mind
which they produced, the mind of the lay jurist who was now to win the
Catholic prince's first victory over the papacy and always,
henceforward, to fight the princes' battles against the claims of the
Church. [ ] These developments produced, also, the new "climate" in
which, more and more, the fight was from now on to be waged. Against
the "common good" which the theologians preached as the criterion of
just laws, the legist would now set his own criterion of the "public
welfare"; and it would be roundly stated that, given so good a system
of law, theology ceased to be necessary for jurists. [ ]
This new conception of royal authority which the study of Roman Law
began to produce, would, in the end, alter the whole relationship
between king and subject. It also threatened to alter the whole
relationship between king and pope. [ ] Whatever its importance,
helpful or harmful, for the civil life of a nation, it is yet, by its
very nature, a conception inimical to such an institution as the
Catholic religion. From its first appearance, therefore, it is an idea
which the popes never cease to fight; and the papal preoccupation with
this struggle is, henceforward, a main topic of Church history in every
century; for no theory about the nature of their power is more welcome
to ruling princes than this that their rights are absolute, once the
ingenuity of the jurists has really adapted it to their use.
The reign of Philip the Fair is the time when the jurisdiction of the
French monarchy makes its first notable advances on the jurisdiction of
the vassal lord's courts, advances based on a principle of political
theory -- that all institutions in the kingdom are subject to the
king's jurisdiction -- and the campaign is conducted systematically by
the professional, civilian, jurists in the king's service. When such
advances met the jurisdiction of a lord who was an ecclesiastic they
encountered opposition that was due, not to something merely local, but
to the Canon Law, to a reality more universal even than the king's
jurisdiction, a system of law that was likewise based on principle.
There had been, in recent years, fights of more than usual importance
on this matter between the royal officials and the bishops of Chartres
and Poitiers. When, in the late autumn of 1289, after the Truce of
Gaeta, the King of France took up again the question of subsidies for
the war, he pressed for a settlement of these dangerous disputes about
the rival jurisdictions. If the pope wished for effective aid from
France he must not hinder the king's plans to preserve the monarchy and
keep the nation united. Philip the Fair is using the pope's extremity
to strengthen his position at the expense of ecclesiastical immunities
that are centuries old. He twice, within three months, sent to the pope
a formidable list of his grievances against the clergy and signified to
him that these complaints came in the name of "the counts, barons,
universities and communes of the realm." [ ] It is not merely the king,
the pope is warned, but the whole nation that demands a settlement
favourable to France.
Also, it appeared, Philip was disturbed at the pope's apparent
partiality for England. In England, too, the last few years had seen
trouble between the king and the Church on similar matters of
jurisdiction, but the English king had managed to enforce his will
without unfavourable comment from Rome. Moreover, in this very summer
when Edward's intervention had, at Gaeta, for a third time in two
years, cut across the papal policy, Nicholas had appointed one of
Edward's subjects and chaplains, Berard de Got, to be Archbishop of
Lyons. Here there was indeed a powder-mine, and under the circumstances
the nomination was, on the pope's part, an incredibly imprudent move.
For Lyons, on the very borders of France, was nevertheless a free city
within the jurisdiction of the emperor, and the sovereign in Lyons
itself was the archbishop with his chapter. Of late, the Emperor,
Rudolf of Habsburg, had shown a new kind of interest in the affairs of
these Burgundian lands, and at Besancon he had intervened with an army.
Never had it been so important for France that the Archbishop of Lyons
should be friendly; and the pope's nomination of Berard de Got gave
Philip the opportunity of claiming to be himself the sovereign of
Lyons, and of stating, under a new set of circumstances, the case he
was already building up in the disputes at Chartres and Poitiers. That
royal case went to the very heart of things, the fundamental relation
between pope and king, between Church and State; and it is a
foreshadowing of the great storm which, in another ten years, was to
rock to its very base the good relations between the two. The king's
advisers make no secret that their aim is a strong, centralised,
singly- governed state, nor of their enthusiasm for this ideal. And,
something never before heard of in France, they now flatly deny that
the pope has any jurisdiction in temporal matters outside the lands
granted him by Constantine. For the king, they declare, within his own
realm is sovereign everywhere. Here indeed was grave matter, threats
veiled perhaps, but threats without a doubt, and from the papacy's sole
effective supporter in its struggle with Aragon and Sicily; threats of
such a kind that, by comparison, the revolt of Sicily was but a trifle.
Nicholas IV's first reply to Philip was to increase his favours; and in
order to prove how impartial past severities on the question of
jurisdiction had been, a special embassy was sent to England to lecture
Edward I on his shortcomings and bid him make himself more pleasing to
God in this matter before offering himself as God's champion in the
Holy Land. But this did not suffice. Philip the Fair returned to the
matter with a further list of grievances and stiffened his terms to
Charles II very considerably. Little wonder then that Nicholas IV,
stirred mightily, sent his two best diplomatists and legists to France,
nor that they were absent on their mission for a good twelve months.
The French king agreed to the arrangement proposed for the
reconciliation of Aragon. [ ] At Tarascon, in the following April,
Alfonso III too, after some hesitation, accepted the pope's offer,
pledging himself to come to Rome and make his submission.
Between the dates of the two political negotiations, the legates had
settled with Philip the Fair the dispute about ecclesiastical
jurisdiction, after more than one stormy scene with the clergy in a
national synod that sat at St. Genevieve in Paris for fourteen days in
the November of 1290. A royal ordonnance announced the terms of the
agreement. The king's contention that he was, for all his lay subjects,
supreme in matters of temporal jurisdiction was accepted; and clerics
who no longer lived a clerical life were recognised to be subject to
him as though they were laymen. .
On the other hand the king expressly reproved, and condemned as
excesses, certain procedures of his officials that cut across the
exercise of the bishops' jurisdiction in temporals. The old immunity of
the clergy from lay jurisdiction, outside cases that concerned fiefs as
fiefs, was confirmed, and also their traditional immunity from lay
taxation. It was a treaty where compromises seemed equal or. both
sides, fair and reasonable. But the concessions made by the king are,
too often, qualified by captious clauses, and the rights recognised to
the clergy are set out in language that is vague. There is nowhere
mention of any penalty for the king's officials should they return to
their old practices; and the important question who shall decide and
how, if king and clergy disagree about the meaning of the pact, is left
without any means of solution.
For the moment, however, all seemed well, and with a year of busy and
apparently successful diplomacy behind them the legates returned to
Rome (February 1291). The King of France had been reconciled with the
pope and was making ready for the new, and no doubt final, assault on
the Aragonese usurper in Sicily. The King of Aragon had abandoned his
brother to his fate, and was preparing his own submission and the
reconciliation of his kingdom with the Church.
And then, once again, came news from the East that wrecked in an
instant all that the pope may have thought he had achieved. (On May 18,
1291, the Sultan of Egypt captured Acre, after a three-weeks' siege;
the last stronghold the Christians possessed in the Holy Land had
fallen, the most luxurious and civilised city of the Christian world. [
]
Close upon this catastrophe came another unexpected blow. The King of
Aragon died, on June 18. His successor was his next eldest brother, the
King of Sicily, late so skilfully isolated from all help from the
Spanish homeland. Sicily and Aragon had now a single ruler. And
finally, to complete the tale of losses, within another month the
papacy's one disinterested supporter in Germany was dead, the Emperor
Rudolf (15 July). Nicholas IV had treated him shamefully enough. He had
put off the promised coronation, at the very time when he was preparing
to crown Charles of Naples, the tool of Rudolf's rival, Philip the
Fair; and he had intervened in Hungary to annul Rudolf's grant of the
kingdom to his son Albert, preferring to the German yet another French
prince, Charles Martel, the King of Naples' younger son. [ ] Rudolf had
nevertheless remained loyal to the role of peace-bringer assigned him
by Gregory X in the restoration of the empire. Now he was gone, and in
a Germany which ignored the pope rival candidates battled for the
succession.
By the summer of 1291 the whole policy of Nicholas IV lay in ruins, and
from all the malcontents of Italy a great sound of reprobation arose.
Ghibellines, "Joachimites" and the dyscoli among the Franciscans all
joined in a single cry. The true cause of the loss of the Holy Land was
the pope's preoccupation with the war against Sicily; not the Aragonese
kings but the Sultan was the pope's real enemy. What these critics, as
bitter and as vociferous as they professed to be pious, did not know
was that the Aragonese kings had been well informed about the Sultan's
expedition before ever it marched. More, they had helped him to prepare
it, for they were his secret allies, [ ] sworn to recognise whatever
"conquests, castles, fortresses, countries and provinces God should
allow the Sultan and his sons to make in Syria, Laodicea and Tripoli."
The Aragonese kings had also pledged themselves to disclose to the
Sultan any plans made between the pope, the Christian princes or the
Mongols for a renewal of the Crusade. Should the pope, or any Christian
prince or religious order, attack the Sultan they were pledged to make
war on him, and they bound themselves, finally, not to give any aid to
the Christian forces in the Holy Land should the Sultan declare that
these had committed any breach of the truce arranged at the time of the
capture of Tripoli (1289). In return, the Sultan had guaranteed to the
brother kings Sicily, the Balearic Isles and whatever conquests they
might make from the French. The ink was still fresh on this infamous
transaction while Alfonso was negotiating with the legates of Nicholas
IV the pact of Tarascon, and pledging his dutiful submission to the
pope. And now his successor, the new sovereign of the united kingdoms,
James II, had the pope but known it, was the pledged and devoted ally
of the Turk: as his father, the hero of the Sicilian Vespers, had been
before him, in that very enterprise.
[genealogy page 49] LOUIS VIII 1223-1226 => St. LOUIS IX => Philip III
1270-1285 => Philip the Fair => 1285-1314 Philip III 1270-1285 =>
Charles of Valois K. of Aragon (by Martin IV, 1284)
LOUIS VIII 1223-1226 => Charles of Anjou K. of Sicily (by Clement IV,
1226) => Charles II => Charles Martel K. Of Hungary (by Nicholas IV,
1289)
But Nicholas IV, ignorant of this supreme treachery, rose manfully to
the task of rallying Christian Europe to the needed new assault on
Islam. A council was summoned to devise plans and gather resources; a
provisional date was fixed when the expedition would sail, March 1293;
ambassadors were despatched to negotiate a peace between the great
maritime states of Venice and Genoa, to Byzantium also, and to the
Mongols, to knit together an alliance on a Dew grand scale.
Among the first to give a wholehearted adhesion was Edward I of
England. But from France came a cold and cautious refusal. Philip the
Fair was bidden to take the cross, or make over to those who would the
crusade moneys which already, for years now, had been accumulating in
France, and to consider a marriage between his sister and Edward I
which, healing the new antagonism, would be the basis of the new holy
war. But the French king noted how the new King of Aragon, reversing
the policy of a generation, had made peace with Castile -- an
anti-French peace; and he saw a strong movement in Germany to elect an
anti-French emperor in succession to Rudolf. Once more Philip took up
his old policy towards Rome, playing now through the Florentine bankers
on the pope's fears and needs. He promised nothing about the coming
crusade, but instead demanded a new crusade against Aragon and the
concession of yet more tithes to finance it.
Nicholas IV gave him the only answer possible. The disaster in the Holy
Land had changed the whole situation. Palestine must now be every
Christian's first care. All else must wait until the council met and
made its decisions (13 December, 1291). And yet, even in this
extremity, the pope did not dare to show himself over-generous in reply
to Edward I's offer of service. The English envoys also were told they
must await the council’s decisions and meanwhile the pope repeated his
list of grievances against the king (12, 18 February, 1 March, 1292).
The time for the council was now drawing near and gradually there began
to come in to Rome the opinions of the various provincial councils,
summoned by the pope's order to sound the sentiments of Christendom.
More than one of them, especially of course in France, supported
Philip's schemes. The Sicilian question should first be resolved by the
expulsion of the Aragonese; an emperor should be elected who would be
favourable to France. What would have been the opinion and projects of
the Church as a whole we shall never know, for the General Council
never met. On Good Friday, 1292 (4 April), suddenly, unexpectedly,
Nicholas IV died: and in this great crisis of Christian history the
cardinals left the Holy See vacant for two and a quarter years.
The death of the pope brought the whole crusade movement to a
standstill. Whatever the latent enthusiasm of the general body of the
Christian people, the pope was the only sovereign really anxious about
the disaster; and once it became evident that the twelve cardinals [ ]
would be unable to make a speedy election, the various princes turned
their attention to questions nearer home.
The real centre of interest for the Christian princes was the
activities of Philip the Fair. The moment was now at last come when the
long antagonism between France and England must break into open war.
The diplomatic duels of the last few years in which each had fought the
other, over Aragon, over Sicily, over the affairs of the Empire and the
middle states of the Lotharingian lands had, naturally, sharpened
tempers on both sides. But this long fight had been, after all,
secondary; a mere struggle for position preliminary to a definite
settlement about two most important matters where interests vital both
to France and to England were violently opposed. These matters were the
clash of jurisdiction in the immense territories of France where Edward
I ruled as Duke of Aquitaine, Philip the Fair's vassal; and next the
war of semi-legalised piracy between the mercantile fleets of both
kings that had gone on now for some years.
It is doubtful whether, by the year 1293, any human power could have
averted the coming conflict. Certainly none but the pope could have
delayed it any longer; the continuing vacancy of the Holy See made war
inevitable.
Both sides looked round for allies and made settlements with their
other foes. Philip the Fair now completely reversed his policy towards
Aragon. In a war against England he could not afford to be
simultaneously at war with a power whose fleet was master of the
western Mediterranean, and he made peace with James of Aragon; [ ] at
the same time he patched up some of his differences with princes on his
eastern border.
Moreover he intervened to create a French party in Rome. He found ready
support in the Colonna -- that clan of Roman nobles who, for centuries
now, had played a leading part in the politics of the papal state,
lords of a score of towns and fortresses in the mountain country
between Rome and Naples, [ ] and masters thereby of the communications
between Rome and the South; wealthy, ambitious and turbulent. Their
present head was that James Colonna whom we have already seen as the
patron of the Franciscan spirituals, a cardinal since the time of
Nicholas III. In the late pope's reign he had been all powerful, and
Nicholas IV, amongst other favours to the family, had created a second
Colonna cardinal, Peter, the elder man's nephew. John Colonna, the
older cardinal’s brother had, in the same pontificate, ruled Rome for a
time as senator.
James Colonna was, at this moment, one of six cardinals who remained in
Rome, divided against their colleagues who had fled to Rieti from the
plague, and divided still more bitterly among themselves into equal
groups of pro-Colonna and pro- Orsini. The Colonna were the more
powerful and had recently driven out the Orsini and it was to the
Colonna cardinals that the French diplomacy now addressed itself, with
offers of lands (September 1293).
In return the Colonna cardinals prepared to elect the kind of pope
France wanted, and first they notified the absent majority of the
Sacred College that they -- the three who alone had remained in Rome --
were the only real electors and that within a certain date they
proposed to elect a pope. But this manoeuvre failed completely. All the
train of canonists, Roman and foreign, whom the day to day business of
the curia drew to Rome, was now at Rieti with the majority of the
cardinals. The Colonna manifesto was put to them as a case in law.
Unanimously they rejected the claim, and by five votes to two the Rieti
cardinals made the decision their own, and fixed the coming feast of
St. Luke (18 October, 1293) for the opening day of the conclave, the
cardinals to assemble at Perugia. The Colonna had lost the first move,
and the appointed day found them reunited with their colleagues at
Perugia.
The election, however, still continued to drag, and the factions
remained deadlocked for yet another ten months. In March 1294, the King
of Naples paid the conclave a state visit. Beyond the fact that he was
allotted a seat among the cardinal- deacons, and that he had a lively
altercation with one of them, Benedict Gaetani, we know nothing of what
he accomplished. In the papal state Orvieto was now at war with
Bolsena; the Romans had overturned the government of their city, and
called in as senator one of the last surviving officials of the
Ghibelline regime of thirty years before. Affairs had gone from bad to
worse and seemed about to touch the worst itself, when, in the first
week of July, the news arrived that the cardinals had elected a pope.
For the task of reconstructing the badly-damaged fabric of Christendom
they had chosen an old man of eighty-five, Peter of Murrone, a hermit
who, for many years now, had lived in the inaccessible solitudes of the
Abruzzi. The newly elected had begun life as a Benedictine monk. After
governing his monastery for a year as abbot, he had sought leave to
live as a hermit. Soon the spiritual want of the peasantry around
forced him into new activity as a kind of wandering preacher, and he
became to this mountainous countryside very much what St. Francis had
been, fifty years earlier, to Umbria. Disciples gathered round him and
presently Peter had founded a new religious order which followed a way
of life based on the rule of St. Benedict. And next, once the various
houses of the order were established, the founder had given up his
place in it, and had gone back to the life of solitude that had been
his ideal throughout. What brought him to the notice of the cardinals
in July 1294, was a letter one of them had received from him, violently
denouncing their incapacity to provide the Church with a head, and
threatening them all with the wrath of God unless they found a pope
within four months. The indignation of the letter seems to have been
due to a meeting with the King of Naples (whose subject Peter was)
after Charles II's fruitless visit to the cardinals at Perugia; the
king had explained to the hermit what an immensity of harm the long
vacancy had wrought. The effect of the letter was instantaneous. That
same day the cardinals chose Peter for pope (July 5, 1294).
Their choice, of course, struck the popular imagination immediately, as
it has held it ever since. And yet the brief reign of Peter di Murrone
was, as might have been expected, little short of disastrous. No one,
in the end, realised this more clearly than Peter himself. There was
only one way out of the situation, and being a saint he took it,
abdicating his high office as simply as he had accepted it.
Peter was not enthroned as pope -- and did not assume his papal name,
Celestine V -- until August 29, nine weeks after his election. The
interval was filled with the beginnings of the great scandal that
marked the reign, the acts by which the King of Naples laid hold on the
whole machinery of church government, while the eleven cardinals --
still at Perugia, still divided -- could think of nothing more helpful
than to beg the man they had elected to leave Neapolitan territory for
his own Papal State, and to refuse all his demands that they leave the
Papal State and come to him at Aquila.
While this deadlock endured (July-August) the Neapolitans and some of
the cardinals, and a host of adventurers, clerical and lay, made the
most of their splendid opportunity. The basis of this was, of course,
the new pope's utter and absolute inexperience of anything beyond the
guidance of a small community of peasant monks, his excessively
delicate conscience, his simple belief in the goodness of man, and his
never-ending desire to put all his authority and power into the hands
of others while he retired to solitude and prayer. "His entire and
dangerous simplicity" one chronicler of the time remarks as a cause of
troubles, while another writes of his unawareness of frauds and of that
human trickery in which courtiers excel. [ ] In these brief weeks the
papacy fell into the most complete servitude which, perhaps, it has
ever endured; and it did so with the pope's entire good will, utterly
unaware as he was of the consequences of his acts.
The King of Naples was at Celestine's side almost as soon as the
official messengers sent with the news of his election. Two high
officials of the Neapolitan kingdom -- laymen both -- were given key
posts in the administration of the universal church; another subject of
King Charles was put in command of the papal armies; and a fourth, who
as Archbishop of Benevento had already betrayed Celestine's
predecessor, was given the highest post in the curia after the pope.
Next the king suggested to Celestine that the number of cardinals was
dangerously small -- there were but ten of them. Celestine agreed to
create more, and accepted a list of twelve, all proposed by Charles.
Five were Frenchmen, like the king himself. Of the others, six were
clerics very much at Charles's service (and all Neapolitans) -- one of
them the chancellor of the kingdom -- while the seventh was really
promoted in order that the king's son, Louis, [ ] could be given the
vacated see of Lyons. Thus was the number of cardinals more than
doubled in a day, and a permanent majority secured for Neapolitan
interests.
The king's next move was to persuade the pope to leave the little town
of Aquila, that had been the scene of these unusual events, for Naples,
his capital. This proposal was strongly opposed by the cardinal
Benedict Gaetani who, after holding aloof long after the others, had
now joined Celestine. But the king's will prevailed and Celestine, with
Charles alone beside him, and carefully segregated from the independent
cardinals, set out for Naples. The journey saw still more surrenders to
the king. He was freed from the oath he had sworn not to detain the
cardinals on Neapolitan territory should Celestine chance to die; the
Archbishop of Benevento was created a cardinal, privately and without
any ceremony, or notification to the rest of the Sacred College; and
the important law of Nicholas III that forbade any sovereign prince to
accept the office of Roman Senator was repealed. Also, as the pope
passed by Monte Cassino, he changed the rule (substituting that of his
own order) and appointed one of his own monks as abbot.
Meanwhile, the papal resources had been shamefully exploited for the
private profit of all who could get at the machinery; appointments,
pensions, grants of land, of jurisdiction, of dispensations fell in
showers. The pope was even induced to set his signature to blank bulls,
which the recipient filled up as he chose.
And now the King of Naples overreached himself. It had been a lifelong
practice with Celestine to pass the whole of Lent and of Advent in
absolute solitude and prayer, making ready for the great feasts of
Easter and Our Lord's Nativity. Towards the end of November 1294, as
Celestine began to speak of his coming retreat, the king suggested to
him that, for the conduct of church affairs during these four weeks, it
would be well to name a commission of three cardinals with full power
to act in his name. Celestine agreed, but a cardinal (not one of the
three) came across this extraordinary document as it awaited a final
accrediting formality. He urged upon the pope that here was something
beyond his powers. The Church, he said, could not have three husbands.
And with this, Celestine's scruples began to master him. Quite
evidently he was not the man for the office; ought he not to give it
up? and after days of prayer and consultation with friends and with the
canonists, he finally resolved the two questions that tormented his
conscience. Could the lawfully-elected pope lawfully resign the office?
How ought this to be done? The first point Celestine appears to have
decided for himself on the general principles of resignation to be
found in the manuals of Canon Law. The cardinals whom he consulted
agreed that his view of the law was correct. In the delicate technical
question about the best way to carry out his plan, Celestine had the
expert assistance of Gerard Bianchi, cardinal-bishop of Sabina, and of
Benedict Gaetani. Finally, he issued a bull declaring the pope's right
to resign and then, in accordance with this, before the assembly of the
cardinals, he gave up his great office, laying aside his mitre, his
sandals and his ring (December 13, 1294).
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