Venice was peculiarly sensitive as to this interference with social order, and it is well known how her insistence on her right to enforce the laws on all offenders led to the prolonged rupture between the Republic and Paul V in the early years of the seventeenth century. It was a special concession to her when, in 1474, Sixtus IV admitted that, in view of the numerous clerical counterfeiters and State criminals, such offenders might be tried by secular process, with the assistance, however, of the vicar of the Patriarch of Aquileia. The extent of the abuse is indicated by an order of Leo X, in 1514, to the governor of Ascoli, authorising him, for the sake of the peace of the community, to hand over to the secular courts all criminal married clerks who did not wear vestment and tonsure. What exasperating use could be made of this clerical privilege was shown, in 1478, in the Florentine conspiracy of the Pazzi, which was engineered, with the privity of Sixtus IV, by his nephew Girolamo Riario. The assassins were two clerics, Stefano da Bagnoni and Antonio Maffei; they succeeded in killing Giuliano de’ Medici and wounding Lorenzo, during the mass, thus adding sacrilege to murder, while Salviati, Archbishop of Pisa, was endeavouring to seize the palace of the Signoria. The enraged populace promptly hanged Salviati, the two assassins were put to death, and Cardinal Raffaelle Sansoni Riario, another papal nephew, who was suspiciously in Florence as the guest of the Pazzi, was imprisoned. Sixtus had the effrontery to complain loudly of the violation of the liberties of the Church and to demand of Florence satisfaction, including the banishment of Lorenzo. The Cardinal was liberated after a few weeks, during which he was detained as a hostage for the Florentines who were in Rome, but this did not appease Sixtus. He laid Florence under an interdict, which was not observed, and a local Council was assembled which issued a manifesto denouncing the Pope as a servant of adulterers and a vicar of Satan and praying God to liberate His Church from a pastor who was a ravening wolf in sheep’s clothing. The pretensions of the Church were evidently becoming unendurable to the advancing intelligence of the age; it was forfeiting human respect and there was a dangerous tendency abroad to treat it as a secular institution devoid of all special claim to reverence.
This was not the only manner in which the papacy interfered with secular justice, for, towards the end of the fifteenth century, the papal jurisdiction spread its aegis over the crimes of the laity as well as of the clergy. Since the early thirteenth century the papal Penitentiary had been accustomed to administer absolution, in the forum of conscience, to all applicants. In the fourteenth this came to be a source of profit to the Curia by reason of the graduated scale of fees demanded and the imposition of so-called pecuniary penance by which the sinner purchased pardon of his sins. When the Castilian Inquisition began its operation in 1481, the New Christians, as the Jewish converts were called, hurried in crowds to Rome where they had no difficulty in obtaining from the Penitentiary absolution for whatever heretical crimes they might have committed; and they then claimed that this exempted them from subsequent inquisitorial prosecution. Even those who had been condemned were able to procure for a consideration letters setting aside the sentence and rehabilitating them. It was no part of the policy of Ferdinand and Isabel to allow impunity to be thus easily gained by the apostates or to forego the abundant confiscations flowing into the royal treasury, and therefore they refused to admit that such papal briefs were valid without the royal approval. Sixtus, on his part, was not content to lose the lucrative business arising from Spanish intolerance, and, in 1484, by the constitution Quoniam nonnulli he refuted the assertion that his briefs were valid only in the forum consdentiae and not in the forum contentiosum and ordered them to be received as absolute authority in all Courts, secular as well as ecclesiastical. This was asserting an appellate jurisdiction over all the criminal tribunals of Christendom, and, through the notorious venality of the Curia, where these letters of absolution could always be had for a price, it was a serious blow to the administration of justice everywhere. Not content with this, the power was delegated to the peripatetic vendors of indulgences, who thus carried impunity for crime to every man’s door. The St Peter’s indulgences, sold by Tetzel and his colleagues, were of this character and not only released the purchasers from all spiritual penalties but forbade all secular or criminal prosecution. These monstrous pretensions were reiterated by Paul III in 1549 and by Julius III in 1550. It was impossible for secular rulers tamely to submit to this sale of impunity for crime. In Spain the struggle against it continued with equal obstinacy on each side, and it was fortunate that the Reformation came to prevent the Holy See from rendering all justice, human and divine, a commodity to be sold in open market.
There was another of the so-called liberties of the Church which brought it into collision with temporal princes—the exemption from taxation of all ecclesiastical property, so vigorously proclaimed by Boniface VIII in the bull Clericis laicos. Although, under pressure from Philip the Fair, this declaration was annulled by the Council of Vienne, the principle remained unaffected. The piety of successive generations had brought so large a portion of the wealth of Europe—estimated at fully one-third—into the hands of the Church, that the secular power was becoming more and more disinclined to exempt it from the burdens of the State. Under Paul II (1464-71) the endeavours of Venice and of Florence to subject such property to taxation were the cause of serious and prolonged difficulties with Rome. In fact, the relations between the papacy and the sovereigns of Europe were becoming more and more strained in every way, as the transformation took place from the feudal institutions of the Middle Ages to the monarchical absolutism of the modern era. The nationalities were becoming organised, save in Germany, with a consciousness of unity that they had never before possessed and with new aims and aspirations necessitating settled lines of policy. Less and less they felt themselves mere portions of the great Christian commonwealth under the supreme guidance of the Vicar of Christ, and less and less were they inclined to submit to his commands or to permit his interference with their affairs. In 1464 Louis XI forbade the publication of papal bulls until they should be submitted to him and receive the royal exequatur. Spain followed his example and this became the settled policy of all sovereigns able to assert their independence.
The incompatibility between the papal pretensions and the royal prerogative was intensified not only by the development of the monarchies but by the increasing secularisation of the Holy See. It had long been weighted down by its territorial possessions which led it to subordinate its spiritual duties to its acquisitive ambition. When, about 1280, Nicholas III offered the cardinalate to the Blessed John of Parma, he refused it, saying that he could give good counsel if there was any one to listen to him; but that in Rome salvation of souls was of small account in comparison with wars and intrigues. So it had been and so it continued to be. The fatal necessity of defending the Patrimony of St Peter against the assaults of unscrupulous neighbours and the even more fatal eagerness to extend its boundaries governed the papal policy to the virtual exclusion of loftier aims. Even the transfer to Avignon did not serve to release the Holy See from these chains which bound it to the earth, as was seen in the atrocious war waged by Clement V to gain Ferrara, in the long contest of John XXII with the Visconti, and in the bloody subjugation of revolted communities by Cardinal Albornoz as legate of Urban V. The earlier half of the fifteenth century was occupied with the Great Schism and the struggle between the papacy and the General Councils; but, on the final and triumphant assertion of papal absolutism, the Popes became to all intents and purposes mere secular princes, to whom religion was purely an instrument for supplementing territorial weakness in the attainment of worldly ends. Religion was, in fact, a source of no little strength,