The Church and the Empire: Being an Outline of the History of the Church from A.D. 1003 to A.D. 1304Medley, D. J. (Dudley Julius)
Religion
The Church and the Empire: Being an Outline of the History of the Church from A.D. 1003 to A.D. 1304
Medley, D. J. (Dudley Julius)
Church history -- Middle Ages, 600-1500
The third wide sphere of action within the Church in which the Pope
established his supremacy was that of justice. The _Dictatus
Papae_ asserts not only that the Pope should be judged by no one,
but that the "greater causes" of every Church should be referred to
him, that none should dare to condemn any one who appealed to Rome,
and that no one except the Pope himself can interfere with a papal
sentence. Litigants of all kinds were only too ready to appeal against
the local tribunal, and the Pope gave them every encouragement. St.
Bernard indignantly pointed out to Innocent II that every evil-doer
and cantankerous person, whether lay or cleric or even from the
monasteries, when he is worsted runs to Home and boasts on his return
of the protection which he has obtained. It is true, Gregory VIII
(1187) tried to check the practice of appeals; but his short reign
gave no time for any real result. Bishops and archdeacons tried
sometimes to stop appeals by excommunication, which prevented the
victim from appearing in an ecclesiastical court; but the third
Lateran Council (1179) forbade this method of defence. Alexander III
definitely laid it down that appeals could be made to the Pope in the
smallest no less than in the greatest matters, and at every possible
stage, before and after trial, at the pronouncement of the sentence
and after it has been awarded; and this, he points out, is not the
case in civil law, where an appeal is only admitted after judgment.
Indeed, the most serious matter with regard to papal appeals was the
reservation by the Pope to his own decision of cases which were
regarded as too serious for the local courts. The bishops had
themselves largely to thank for the development of this direct papal
jurisdiction; for they began the custom of referring to Rome the cases
of great criminals and of serious crimes. But these "greater causes,"
claimed for the Pope as early as the time of Gregory VII, included not
only grave moral crimes such as murder, sacrilege, and gross
immorality, but also cases of dispensation beforehand, of absolution
after excommunication for certain offences. Under the same head would
come the right of canonisation exercised by archbishops until
Alexander III claimed it exclusively for the Pope, and the right of
translating a bishop from one see to another, which involved a
dissolution of the metaphorical marriage between the bishop and his
see and therefore needed a special dispensation.
[Sidenote: The papal Curia.]
Public-domain text, read in full here on John Shaqi.
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