§ 5. LITERARY ATTACKS AGAINST THE PAPACY. 41
The Church has its unity in Christ, who establislied the two estates, spiritual and temporal. They are the same in origin, but distinguished on earth. The pope has tlie right to punish moral offences, but only with spiritual punishments. The penalties of death, imprisonment, and fines, he has no right to impose. Christ had no worldly jurisdiction, and the pope should keep clear of " Herod's old error." ^ Constantine had no right to confer temporal power on Sylvester. John adduced 42 reasons urged in favor of the pope's omnipotence in temporal affairs and offers a refutation for each of them.
As for the pope's place in the Church, the pope is the repjesentative of the ecclesiastical bod^, not its lord. The Church may call him to account. If the Church were to elect representatives to act with the supreme pontiff, we would have the best of governments. As things are, the cardinals are his advisers and may admonish him and, in case he persists in his error, they may call to their aid the temporal arm. The pope may be deposed by an emperor, as was actually the case when three popes were deposed by Henry HI. The final seat qJP ecclesiastical authority is the general councij. It may depose a pope. Valid grounds of deposition are insanity, heresy, personal incompetence and abuse of the Church's property.
Following Aristotle and Thomas Aquinas, John derived the state from the family and not from murder and other acts of viqlence.^ It is a community organized for defence and bodily well-being. With other jurists, he regarded the empire as an antiquated institution and, if it continues to exist, it is on a par with the monarchies, not above them. Climate and geographical considerations make different monarchies necessary, and they derive their authority from God. Thus John and Dante, while agreeing as to the independence of the state, differ as to the seat where secular power resides. Dante placed it in a universal empire, John of Paris in separate monarchies.
The_boldest and most advanced of these publicists, Pierre Dubois,^ was a layman, probably a Normiiji, and called hini-
1 Scholz, p. 315. 2 Finke, p. 72 ; Scholz, p. 324.
8 See Renan : Hist. Litt. XXVI. 471-530 ; Scholz, pp. 374-444.
42 THE MIDDLE AGES. A.D. 1294-1517.
self a royal attorney.^ As a delegate to the national council in Paris, April, 1302, he represented Philip's views. He was living as late as 1321. In a number of tracts lie supported the contention of_the_^xencli monarcli uL^Minst Pioniface VIII. ^ France is independent of the empire, and absolutely sovereign in all secular matters. The French king is the successor of Charlemagne. The pope is the moral teacher of mankind, " the light of the world," but he has no jurisdiction in temporal affairs. It is his function to care for souls, to stop wars, to exercise oversight over the clergy, but his jurisdiction extends no farther.
The pope and clergy are given to worldliness and self-indulgence. Boniface is a lieretic. The prelates squander the Church's money in wars and litigations, prefer the atmosphere of princely courts, and neglect theology and the care of souls. The avarice of the curia and the pope leads them to scandalous simony and nepotism. ^ Constantine's donation marked the change to worldliness among the clergy. It was illegal, and the only title the pope can show to temporal power over the patrimony of Peter is long tenure. The first step in the direction of reforms would be for clergy and pope to I'enounce worldly possessions altogether. This remedy had been prescribed by Arnold of Brescia and Frederick II.
Dubois also criticised the rule and practice of celibacy. Few clergymen keep their vows. And yet they are retained, while ordination is denied to married persons. This is in the face of the fact that the Apostle permitted marriage to all. The practice of the Eastern church is to be preferred. The rule of single life is too exacting, especially for nuns. Durante had proposed the abrogation of the rule, and Arnald of Villanova had emphasized the sacredness of the marriage tie, recalling that it was upon a married man, Peter, that Christ conferred the primacy.*
^ Advocatus regalium causarum.
2 For these tracts, see Kenan, p. 470 sq. ; Scliolz, p. 385 sqq.
3 Scholz, p. .'{OS.
* Contulit conjugato scilicet beato Petro primatum ecclesice, Finke, p. clxxiii. Arnald is attacking the Minorites and Dominicans for publicly teach-