784 THE MIDDLE AGES. A.D. 1049-1294.
Bernard in condemning their assumption and rapacity. Bernard succeeded in finding only two cases of incorruptible legates. One, Martin, who had been sent to Dacia, returned to Italy so poor that he could with difficulty get to Florence and would have had to foot it from there to Rome but for the loan of a horse. Bernard felt his description would be re garded as an idle tale, a legate coming back from the land of gold without gold and traversing the land of silver without possessing silver! The other case was the legate Gaufrid of Aquitaine who would not accept even fish and vegetables without paying for them so that no one might be able to say, " we have made Abraham rich," Gen. 14 : 23. l
Salimbene, the genial Franciscan chronicler, also gives us a dark picture of papal legates of Northern Italy, some of whom he had known personally. He gives the names of twelve, four of whom he specially accuses of unchastity, including Ugolino, afterwards Gregory IX., and mentioning some of their children by name. Two of them were hard drinkers. He makes the general charge that legates "rob the churches and carry off whatsoever they can."2
As the ultimate legal tribunal of Western Europe, the papal court assumed an importance never dreamed of before. Innumerable cases of appeal were brought before it. If the contestants had money or time, no dispute was too trivial to be contested at Rome. Appeals poured in from princes and kings, chapters and bishops, convents and abbots. Burchard of Ursperg says3 that there was not a diocese or parish which did not Jiave a case pending at Rome, and all parties who went had their hands full of gold and silver. There was a constant procession of litigants to the Eternal City, so that it once more became literally true that all roads led to Rome. The hours of daylight, as Bernard lamented, were not long enough for these disputes, and the hearings were continued into the night.4 Appeals were encouraged
1 De consid., IV. 5. 2 Coulton, From St. Francis to Dante, pp. 252 sqq.
3 See Dollinger, Papstthum, p. 76.
4 Quale est istud de mane ad vesperam litigare, aut litiy antes audire ? Vtinam sufficeret diet malitia sua ! non sunt liber ae noctes.
§ 124. THE POPE AND THE CURIA. 785
by the curia, who found in them an inexhaustible source of revenue. Bernard, writing to Eugenius, lamented the time the chief bishop of Christendom took from his proper duties, and consumed upon the hearing of common lawsuits and personal complaints. The halls of the papal palace rang with the laws of Justinian rather than the precepts of the Lord. Bernard himself recognized the right of appeal as an incontestable privilege, but would have limited it to the complaints of widows and the poor, and excluded disputes over property.1
The expression ad calendas G-rcecas became proverbial in Rome for delays of justice till one party or the other was dead or, worn out by waiting, gave what was demanded. The following example, given by Bernard, will indicate the extent to which the right of appeal was carried. A mar riage ceremony in Paris was suddenly checked by a com plainant appearing at the altar and making appeal to Rome against the marriage on the ground that the bride had been promised to him. The priest could not proceed, and bride and bridegroom had to live apart until the case was argued before the curia. So great did the curia's power become that its decision was regarded as determining what was sound doctrine and what was heresy.2
In the thirteenth century, the papal exchequer gained an offensive notoriety through the exactions of the curia, but it was not till the fourteenth century, during the period of the Avignon exile, that they aroused a clamorous protest throughout Europe. The increased expenses of the papal household called for large sums, and had to be met. The supreme pontiff has a claim upon the entire communion over which he presides, and the churches recognized its justice. It was expressed by Pascal II. when he wrote to Anselm of Canterbury, 1101 : " You know well our daily necessities and our want of means. The work of the Roman church inures to the benefit of all the churches, and every
1 De consul., 1.4-6; III. 2.
2 John of Salisbury, Polycrat., VI, 6-4, qui a doctrina vestra dissentit aut hereticus aut schismaticus es$f