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      When landowners began to give and receive land as fiefs the property of the Church was naturally drawn into the feudal relations. A king, or other proprietor, might grant fiefs to churchmen as well as to laymen. The bishops became the vassals of the king or of other feudal lords by doing homage for a fief and swearing fidelity, just as any other vassal would do. An abbot sometimes placed his monastery under the protection of a neighboring lord by giving up his land and receiving it back again as a fief.

      Fiefs held by churchmen not hereditary.

      One great difference, however, existed between the church lands and the ordinary fiefs. According to the law of the Church, the bishops and abbots could not marry and so could have no children to whom they might transmit their property. Consequently, when a landholding churchman died, some one had to be chosen in his place who should enjoy his property and perform his duties. The rule of the Church had been, from time immemorial, that the clergy of the diocese should choose the bishop, their choice being ratified by the people. As the church law expresses it, "A bishop is therefore rightly appointed in the church of God when the people acclaim him who has been elected by the common vote of the clergy." As for the abbots, they were, according to the rule of St. Benedict, to be chosen by the members of the monastery.

      Bishops and abbots practically chosen by the feudal lords.

      In spite of these rules the bishops and abbots had come, in the tenth and eleventh centuries, to be selected, to all intents and purposes, by the various kings and feudal lords. It is true that the outward forms of a regular ("canonical") election were usually permitted; but the feudal lord made it clear whom he wished chosen, and if the wrong person was elected, he simply refused to hand over to him the lands attached to the bishopric or abbey. The lord could in this way control the choice of the prelates, for in order to become a real bishop or abbot one had not only to be elected, he had also to be solemnly "invested" with the appropriate powers of a bishop or abbot and with his lands.

      Investiture.

      Since, to the worldly minded, the spiritual powers attached to church offices possessed little attraction if no property went along with them, the feudal lord was really master of the situation. When his appointee was duly chosen he proceeded to the investiture. The new bishop or abbot first became the "man" of the feudal lord by doing him homage, and then the lord transferred to him the lands and rights attached to the office. No careful distinction appears to have been made between the property and the spiritual prerogatives. The lord often conferred both by bestowing upon a bishop the ring and the crosier, the emblems of religious authority. It seemed shocking enough that the lord, who was often a rough soldier, should dictate the selection of the bishops, but it was still more shocking that he should audaciously assume to confer spiritual powers with spiritual emblems. Yet even worse things might happen, since sometimes the lord, for his greater convenience, had himself made bishop.

      Attitude of the Church towards its property.

      Attitude of the king.

      The Church itself naturally looked at the property attached to a benefice as a mere incident and considered the spiritual prerogatives the main thing. And since the clergy alone could rightly confer these, it was natural that they should claim the right to bestow ecclesiastical offices, including the lands ("temporalities") attached to them, upon whomsoever they pleased without consulting any layman whatever. Against this claim the king might urge that a simple minister of the Gospel, or a holy monk, was by no means necessarily fitted to manage the interests of a feudal state, such as the great archbishoprics and bishoprics, and even the abbeys, had become in Germany and elsewhere in the eleventh century.

      Complicated position of the bishops in Germany and elsewhere.

      In short, the situation in which the bishops found themselves was a very complicated one. (1) As an officer of the Church, the bishop had certain ecclesiastical and religious duties within the limits of his diocese. He saw that parish priests were properly selected and ordained, he tried certain cases in his court, and performed the church ceremonies. (2) He managed the lands which belonged to the bishopric, which might, or might not, be fiefs. (3) As a vassal of those who had granted lands to the bishopric upon feudal terms, he owed the usual feudal dues, not excluding the duty of furnishing troops to his lord. (4) Lastly, in Germany, the king had found it convenient, from about the beginning of the eleventh century, to confer upon the bishops in many cases the authority of a count in the districts about them. In this way they might have the right to collect tolls, coin money, and perform other important governmental duties.[103] When a prelate was inducted into office he was invested with all these various functions at once, both spiritual and governmental.

      To forbid the king to take part in the investiture was, consequently, to rob him not only of his feudal rights but also of his authority over many of his government officials, since bishops, and sometimes even abbots, were often counts in all but name. Moreover, the monarch relied upon the clergy, both in Germany and France, to counterbalance the influence of his lay vassals, who were always trying to exalt their power at his expense. He therefore found it necessary to take care who got possession of the important church offices.

      The marriage of the clergy threatens the wealth of the Church.

      60. Still another danger threatened the wealth and resources of the Church. During the tenth and eleventh centuries the rule of the Church prohibiting the clergy from marrying[104] appears to have been widely and publicly neglected in Italy, Germany, France, and England. To the stricter critics of the time this appeared a terrible degradation of the clergy, who, they felt, should be unencumbered by family cares and wholly devoted to the service of God. The question, too, had another side. It was obvious that the property of the Church would soon be dispersed if the clergy were allowed to marry, since they would wish to provide for their children. Just as the feudal tenures had become hereditary, so the church lands would become hereditary unless the clergy were forced to remain unmarried.

      

      Buying and selling of church offices.

      Besides the feudalizing of its property and the marriage of the clergy, there was a third great and constant source of weakness and corruption in the Church, namely, the temptation to buy and sell church offices. Had the duties and responsibilities of the bishops, abbots, and priests always been arduous and exacting, and their recompense barely enough to maintain them, there would have been little tendency to bribe those who could bestow the appointments. But the incomes of bishoprics and abbeys were usually considerable, sometimes very great, while the duties attached to the office of bishop or abbot, however serious in the eyes of the right-minded, might easily be neglected by the unscrupulous. The revenue from a great landed estate, the distinction of high ecclesiastical rank, and the governmental prerogatives that went with the office, were enough to induce the members of the noblest families to vie with each other in securing church positions. The king or prince who possessed the right of investiture was sure of finding some one willing to pay something for important benefices.

      Origin of the term simony.

      The sin of buying or selling church offices was recognized as a most heinous one. It was called simony,[105] a name derived from Simon the Magician, who, according to the account in the Acts of the Apostles, offered Peter money if he would give him the power of conferring the Holy Spirit upon those upon whom he should lay his hands. As the apostle denounced this first simonist, so the Church has continued ever since to denounce those who propose to purchase its sacred powers—"Thy silver perish with thee, because thou hast thought to obtain the gift of God with money" (Acts viii. 20).

      Simony not really the sale of church offices.

      Doubtless very few bought positions in the Church with the view of obtaining the "gift of God," that is to say, the religious office. It was the revenue and the honor that were chiefly coveted. Moreover, when a king or lord accepted a gift from one for whom he procured a benefice, he did not regard himself as selling the office; he merely shared its advantages. No transaction took place in the Middle Ages without accompanying gifts and fees of various kinds. The church lands were well managed and remunerative. The clergyman who was appointed to a rich bishopric or abbey seemed to have far

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