§ 5. LITERARY ATTACKS AGAINST THE PAPACY. 37
against the pope's temporal jurisdiction over the whole earth a matter of recent date, and made by " sophists " who deserved death. Up to that time no one had made such denial. He attempts to make out his fundamental thesis from Scripture, the Fathers, canon law, and reason. God at first ruled through Noah, the patriarchs, Melchizedec, and Moses, who were priests and kings at the same time. Did not Moses punish Pharaoh? Christ carried both swords. Did he not drive out the money-changers and wear the crown of thorns ? To him the power was given to judge the world. John 5 : 22. The same power was entailed upon Peter and his successors. As for the state, it bears to the Church the relation of the moon to the sun, and the emperor has only such power as the pope is ready to confer. Henry also affirms that Constantine's donation established no right, but confirmed what the pope already possessed by virtue of heavenly gift. ^ The pope transferred the empire to Charlemagne, and Innocent IV. asserted the papal supremacy over kings by deposing Frederick II. If in early and later times the persons of popes were abused, this was not because they lacked supreme authority in the earth ^ or were in anywise subject to earthly princes. No emperor can legally exercise imperial functions without papal consecration. When Christ said, " my kingdom is not of this world," he meant nothing more than that the world refused to obey him. As for the passage, " render to Caesar the things which are Caesar's," Christ was under no obligation to give tribute to the emperor, and the children of the kingdom are free, as Augustine, upon the basis of Matt. 27 : 26 sq., said.
The main work of another defender of the papal prerogatives, Augustinus Triumphus, belongs to the next period.^
An intermediate position between these writers and the anti-papal publicists was taken by the Cardinals Colonna and their immediate supporters.* In their zeal against Boniface
1 Constantinus non dedit sed recognovit ab ecclesia se tenere — confitetur se ab ecclesia illud tenere. See Scholz, p. 467. ^ Non defectus juris, sed potentice.
3 Four of his smaller tracts are summarized by Scholz, pp. 172-189. See § 8. * Scholz, pp. 198-207,
38 THE MIDDLE AfJES. A.D. 1294-1617.
VIII. they questioned the absolute power of the Church in temporal concerns, and placed the supreme spiritual authority in the college of cardinals, with the pope as its head.
Among the advanced writers of the age was William Durante, d. 1331, an advocate of Gallicanism.i He was appointed bishop of Mende before he had reached the canonical asre. He never came under the condemnation of the Church. In a work composed at the instance of Clement V. on general councils and the reformation of Church abuses, 2) ti wio<^o _<7ewera?js concilii celebrandi et corruptelis in ecclesils reformandis, he demanded a reformation of the Church in head and members,^ using for the first time this expression which was so often employed in a later age. He made the pope one of the order of bishops on all of whom was conferred equally the power to bind and to loose. 3 The bishops are not the pope's assistants, the view held by Innocent III., but agents directly appointed by God with independent jurisdiction. The pope may not act out of harmony with the canons of the early Church except with the approval of a general council. When new measures are contemplated, a general council should be convened, and one should be called every ten years.*
Turning now to the^vriters who contested the pope's right to temporal authority over the nations, we find that while the most of them were clerics, all of them were jurists. It is characteristic that besides appealing to Aristotle, the Scriptures, and the canon law, they also appealed to^the Romau law. We begin with several pamphlets whose authorship is a matter of uncertainty.
The Twofold Prerogative — Qucestio in utramque partem — was probably written in 1302, and by a Frenchman.^ The
1 Scholz, pp. 208-223.
2 Tarn ill capite quam in membris. Scholz, pp. 211, 220. The tract was reprinted at the time of the Council of Trent and dedicated to Paul III.
3 The words Matt. 10 : 19, were addressed to the whole Church, he says, and not to Peter alone.
* Scholz, p. 214.
6 This date is made very probable by Scholz, p. 225 sqq. Eiezlcr, p. 141, wrongly put it down to 13()4-1380. SchefftT-Hoichorst sliowed that the author spoke of the canonization uf Louis IX., 1297, as having occurred " ia