THE INQUISITION OF THE MIDDLE AGES

BOOK 1 - ORIGIN AND ORGANIZATION OF THE INQUISITION

CHAPTER I

THE CHURCH IN THE TWELFTH CENTURY

7

TITHES.—SALE OF SACRAMENTS.

One of the most fruitful sources of quarrel and discontent was the tithe. This most harassing and oppressive form of taxation had long been the cause of incurable trouble, aggravated by the rapacity with which it was enforced, even to the pitiful collections of the gleaner. It had proved the greatest of the obstacles to Charlemagne's proselyting efforts among the Saxons, and, as we shall see, in the thirteenth century it led to a most devastating crusade against the Frisians. The resistance of the people to its exaction in some places was such that its non-payment was stigmatized as heresy, and everywhere we see it the cause of scandalous altercation between pastor and flock, and between rival claimants, giving rise to a very intricate branch of canon law. Carlyle states that at the outbreak of the French Revolution there were no less than sixty thousand cases arising from tithes then pending before the courts, and though the statement may be exaggerated, it is by no means improbable. Anciently the tithe had been divided into four parts, of which one went to the bishop, one to the parish priest, one to the fabric of the Church, and one to the poor, but in the prevailing acquisitiveness of the period, bishop and priest each seized and held all they could get, the Church received little, and the poor none at all.

The portion of the tithe which the priest could retain in this scramble was rarely sufficient for his wants, addicted as he frequently was to dissolute living, and exposed to the rapacity of his superiors. The form of simony which consists in selling his sacred ministrations therefore became general. Thus confession, which was now becoming obligatory on the faithful and the exclusive function of the priest, afforded a wide field for perverse ingenuity. Some confessors rated the sacrament of penitence so low that for a chicken or a pint of wine they would grant absolution for any sin, but others understood its productiveness far better.

It is related of Einhardt, the priest of Soest, by a contemporary, that he sharply reproved a parishioner who, in preparation for Easter, confessed incontinence during Lent, and demanded of him eighteen deniers that he might say eighteen masses for his soul. Another came who said that during Lent he had abstained from his wife, and he was fined the same amount for masses because he had lost the chance of begetting a child, as was his duty. Both men had to sell their harvests prematurely to raise money to pay the fine, and, happening to meet upon the market-place, compared notes, when they complained to the Dean and Chapter of St. Patroclus, and the story came out, to the scandal of the faithful, but Einhardt was permitted to continue his speculative career. Every function of the priest was thus turned to account, and the complaints of the practice are too frequent and sweeping for us to doubt that it was a general custom.

Marriage and funeral ceremonies were refused until the fees demanded were paid in advance, and the Eucharist was withheld from the communicant unless he offered an oblation. To the believer in Transubstantiation nothing could be more inexpressibly shocking, and Peter Cantor well describes the priests of his day as worse than Judas Iscariot, who sold the body of the Lord for thirty pieces of silver, while they do it daily for a denier. Not content with this, many of them transgressed the rules which forbade, except on special occasions, the celebration by a priest of more than one mass a day, and it was almost impossible to enforce its observance; while those who obeyed the rule invented an ingenious evasion through which, by repeating the Introit, they would split a single mass up into half a dozen, and collect an oblation for each.

If the faithful Christian thus was mulcted throughout life at every turn, the pursuit of gain was continued to his death-bed, and even his body had a speculative value which was turned to account by the ghouls who quarreled over it. The necessity of the final sacraments for salvation gave rise to an occasional abuse by which they were refused unless an illegal fee or perquisite was paid, such as the sheet on which the dying sinner lay, but this we may well believe was not usual. More profitable was the custom by which the fears of approaching judgment were exploited and legacies for pious uses were suggested as an appropriate atonement for a life of wickedness or cruelty. It is well known how large a portion of the temporal possessions of the Church was procured in this manner, and already in the ninth century it had become a subject of complaint. In 811 Charlemagne, in summoning provincial councils throughout his empire, asks them whether that man can be truly said to have renounced the world who unceasingly seeks to augment his possessions, and by promises of heaven and threats of hell persuades the simple and unlearned to disinherit their heirs, who are thus compelled by poverty to robbery and crime. To this pregnant question the Council of Chalons, in 813, responded by a canon forbidding such practices, and reminding the clergy that the Church should succor the needy rather than despoil them; that of Tours replied that it had made inquiry and could find no one complaining of exheredation; that of Reims prudently passed the matter over in silence; and that of Mainz promised restoration in such cases. This check was but temporary; the Church continued to urge its claims on the fears of the dying, and finally Alexander III, about 1170, decreed that no one could make a valid will except in the presence of his parish priest. In some places the notary drawing a will in the absence of the priest was excommunicated and the body of the testator was refused Christian burial. The reason sometimes alleged for this was the preventing of a here­tic from leaving his property to heretics, but the flimsiness of this is shown by the repeated promulgation of the rule in regions where heresy was unknown, and the loud remonstrances against local customs which sought to defeat this development of ecclesiastical greed. Complaints were also sometimes made that the parish priest converted to his personal use legacies which were left for the benefit of pious foundations.

Even after death the control which the Church exercised over the living and the profit to be derived from him were not abandoned. So general was the custom of leaving considerable sums for the pious ministrations by which the Church lightened the torments of purgatory, and so usual was the bestowal of oblations at the funeral, that the custody of the corpse became a source of gain not to be despised, and the parish in which the sinner had lived and died claimed to have a reversionary right in the ashes which were thus so profitable. Occasionally intruders would trespass upon their preserves, and some monastery would prevail upon the dying to bequeath his fertilizing remains to its care, giving rise to unseemly squabbles over the corpse and the privilege of burying it and saying mortuary masses for its soul.

As early as the fifth century Leo the Great did not hesitate to condemn in the severest terms the rapacity which led the monasteries to invite the living to their retreats for the sake of the possessions which they would bring with them, to the manifest detriment of the parish priest, thus deprived of his legitimate expectations. Leo therefore ordered a compromise, by which one half of the goods and chattels thus acquired should be transferred to the church of the deceased, whether he had entered the monastery dead or alive. The parish churches at last came to claim the bodies of their parishioners as a matter of right, and to deny to the dying the privilege of electing a place of sepulture. It required repeated papal decisions to set aside claims so persistently urged, but these decisions invariably conceded to the churches a portion of one fourth, one third, or one half the sum the deceased had set apart for the care of his soul. In some places the parish church asserted a right by custom to certain payments on the death of a parishioner, and the Council of Worcester, in 1240, decided that when this claim would reduce the widow and orphans to beggary, the Church should mercifully content itself with one third of the estate and relinquish the other two thirds to the family of the defunct; while in Lisbon the last consolations of religion were denied to any one who refused to leave a portion, usually one third, of his property to the Church.

Under other local customs, the priest claimed as a perquisite the bier on which a corpse was brought to his church, leading, in ease of resistance, to quarrels more lively than edifying. In Navarre the law stepped in to define the amount which the poorer classes should give as an offering in the mortuary mass, being two measures of corn for a peasant. Among the caballeros the usual offering was the incongruous one of a war-horse, a suit of armor, and jewels: and the cost of this was frequently defrayed by the king to honor the memory of some distinguished knight. That the amounts were not small is evident when we see that, in 1372, Charles II of Navarre paid to the Franciscan Guardian of Pampeluna thirty livres to redeem the charger, armor, etc., offered at the funeral of Masen Seguin de Badostal. With the rise of the mendicant orders and their enormous popularity, the rivalry between them and the secular clergy for the possession of corpses and the accompanying fees became more intense than ever, creating scandals of which we shall have more to say hereafter.

SEXUAL DISORDERS.