The Spanish Church and the Papacy in the Thirteenth Century
Peter Linehan
[322] 'You would be surprised in Paris to learn that in Madrid of all your major political acts it is your Civil Constitution of the Clergy that has had the most success. You did not know that we southern people, adorers of Madonnas and burners of unbelievers, are not at all courtesans of the pope': Gazette nationale ou le Moniteur universel, 30 May 1791, in Richard Herr, The Eighteenth-Century Revolution in Spain (Princeton, 1958), 406.
'When Ferdinand III captured Seville and died, being a saint he escaped purgatory, and Santiago presented him to the Virgin, who forthwith desired him to ask any favours for beloved Spain. The monarch petitioned for oil, wine and corn -- conceded; for sunny skies, brave men, and pretty women -- allowed; for cigars, relics, garlic, and bulls - by all means; for a good government -- "Nay, nay", said the Virgin, "that never can be granted; for were it bestowed, not an angel would remain a day longer in heaven".': Richard Ford, Gatherings from Spain, 1846 (Everymans Library cd.), 46-7.
'If the Minister of Agriculture goes on quoting Papal Encyclicals to defend his drafts, you can be sure that we shall end up by becoming Greek schismatics': José María Lamamié de Clairac, Traditionalist deputy, in 1934. Quoted by Richard Robinson, The Origins of Franco's Spain (Newton Abbot, 1970), 201-2.
In 1892, as Spain approached the inglorious end of its imperial phase, Menéndez y Pelayo spoke at Seville on the subject of El siglo XIII y San Fernando. In that of all Spanish cities he was, of course, preaching to the converted when he spoke of the king as a happy blend of sanctity and strength, and of his century as second only in grandeza to the age of Carlos V and Felipe II, for which it had been 'memorable ensayo y providencial preparación'.(1) And the sermon had been preached before -- often. His litany of illustrious men and their achievements harks back to the triumphal panegyric of Bishop Lucas [323] of Túy. The reference to the battle of Las Navas as Christendom's greatest victory since the time of Charles Martel recalls the speech of another bishop -- Alfonso García de Santa María, bishop of Burgos -- who at the Council of Basle in September 1434 had based his countrymen's claim to precedence over the English contingent there primarily on Spain's 'estension de los terminos de la yglesia e enssalçamiento e enssanchamiento de la fee catholica'.(2) His lecture was, in short, a classic exposition of the Spanish superiority complex. If God was not actually a Spaniard then he was at least an ally. Could one fail to discern the intervention of the Almighty, the action of the divine hand in all this?(3)
The foregoing pages have been devoted to the experiences of a group who would surely have answered such a question in the negative: Fernando's own ecclesiastical contemporaries to whom so much of the cost of Christendom's successes was charged. In so far as the Roman Church spoke for Christendom, Christendom's debt to Fernando and his house was freely acknowledged; and it was paid by allowing the king to reimburse himself from the national church. To the pope it seemed perfectly equitable that the monarch who was responsible for smoking out 'the filthy pagans' from the south of Spain should be given a fairly free hand in the frontier church and also further north.(4) The monarch's failure to honour his side of the bargain by attending to the endowment of the new ecclesiastical foundations did not affect the issue.(5) He remained in control. As elsewhere, 'useful' bishops were appointed -- useful to the king, that is, not, as Marsilio of Padua imagined, to the pope. Clement IV assured Alfonso X that he accepted the principle of royal domination that was enshrined in the Partidas (of which the victims of this papal-royal collusion [324] were reduced to tampering with the text).(6) Papal 'prestige' and papal 'theocracy' made far less impression on contemporaries than they do on such writers as Sobrequés and Ferrer Flórez.(7) By the pope's yardstick Spain was much further away from the Curia than the Curia was to the many Spaniards who managed to evade royal controls and swell the swarms of petitioners, proctors and officials of whom the author of the Carmen wrote.(8) Despite the eloquent assurances of the eighteenth-century regalists and of Sánchez-Albornoz, papal nuncios did not succeed in bleeding Spain white. Instead they encountered in both king and clergy the attitude that the Roman Church was a Welfare State to be sponged on but not contributed to. And, although on one occasion a pope retaliated by withholding the benefits, this attitude persisted.(9) Rome could exert little enough influence over its feudal dependents in the Peninsula, the kingdoms of Aragon and Portugal. Far-fetched though they may be, there is a substantial element of truth in the contemporary legends of the Black Bishop of Coimbra and of the papal legate threatened with mutilation by Afonso Henriques, Portugal's first king, who owed his royal title to Rome.(10) Castile, moreover, was not even notionally dependent -- a fact which provided the bishop of Burgos with a debating point against England in 1434,(11) and underlay that sense of ecclesiastical autonomy [325] that was implied by Alfonso XI's attempt to have the Indulgence made available to Castilians visiting Santiago rather than Rome on the occasion of the 1350 Jubilee celebrations.(12)
But this sense of ecclesiastical autonomy was royal, and was one aspect of the total lack of autonomy and independence of the Spanish Church vis-a-vis the civil power. When John of Paris noted that, Christian though they were, the kings of Spain had no need of priestly unction, he was stating an observable social fact as much as a highfalutin' generalisation about the limits of spiritual authority.(13) The priests lacked standing, and, if Ptolemy of Lucca can be believed, they may have been subject to outbursts of anti-clericalism, which was, he said, something of a Spanish characteristic.(14) Well might the pope quote them altruistic passages from the New Testament, and their own leaders ruminate upon that most appropriate Book of the Old.(15) But the burdens which they bore were financial burdens, and without funds reform was doomed, as the bishop of Valencia understood. They could not resist the quick returns which they might secure by abandoning the high moral line. Thus fines from concubinarii helped the bishop of Barcelona pay for his new chapel, and the subjects of the two poems of Adán Fernández which have survived are women and money.(16) The scramble for a place in the sun -- or, rather, in the shade -- undermined John of Abbeville's attack on pluralism and its attendant evils.(17) While the warriors on the frontier were being [326] reminded that they were at war with the Moors not for booty but for Christ,(18) in the hinterland the spirit was getting the worst of it. The economic obstacles to reform even hindered the adoption in the province of Tarragona of the uniform clerical dress which Archbishop Rodrigo in 1291 described as an expression of conformity through uniformity. Twenty-three years before, Bishop Andrés de Albalat had had to postpone the introduction of a measure to this effect, 'volentes parcere sumptibus et expensis propter aliquorum indigentias'.(19) More seriously, a little over a century after the Fourth Lateran Council, a Tarragona Council had to command priests and rectors to celebrate at least three times a year;(20) and at Basle in 1435, within weeks of the bishop of Burgos's stirring address on Spain's outstanding virtues, the king of Castile's delegates attempted to amend the council's decree against concubinage so that it should not prejudice royal laws and customs on the subject.(21) Such were the long-term consequences of having given due weight in the past to such corrosive concepts as custom, which was a synonym for corruption; necessity and utility, which permitted laymen to occupy prebends; and difficulty, which induced the pope to release the archbishop of Compostela from the obligation to summon a provincial council as often as once a year.(22)
Popes of the past had soft-pedalled on this last point too, and it is both interesting and opportune to note that at the Toledo Council of 589 one of the first acts of the Catholic bishops after the adoption [327] of Catholicism as the State religion had been to declare that, 'in view of the great distances involved and the poverty of the churches of Spain', provincial synods should assemble not twice each year but once.(23) It is interesting because it is not the only feature that the Visigothic Church had in common with the thirteenth-century.(24) And it is opportune because it leads naturally to a final attempt to place in a wider historical context what has been said in this book about the conditions of the later period.
The belief is still held by some that ever since Reccared's conversion and the Third Toledo Council Spain has been a 'theocracy', by which is meant a 'clericocracy' with its secular rulers rulers in name only, so many Dalai Lamas, puppets manipulated by the priests.(25) But on a serious level this belief has been totally abandoned by historians of both the Visigothic and the Habsburg periods, none of whom could now subscribe to thejudgement of a contemporary of Menéndez y Pelayo that the Visigothic State was 'a more completely priest-governed state than the world has perhaps ever seen, with the exception of Paraguay and the States of the Church'.(26) On the contrary, 'of the two parties to the Visigothic Councils, the Crown and the Church' - it can be asserted tout court - 'the Crown was dominant and the Church was subordinate'. The Visigothic Church was 'virtually a department of State', and its bishops 'supine supporters of the king'.(27) 'The Visigothic theocracy', Castro writes, 'is regarded by many as the logical antecedent of the Spain of Philip II, even though the major Spanish historians may not think so'.(28) And the many are right, though for quite the wrong reasons -- unless by 'theocracy' [328] they mean 'that domination of the Church by the Crown' which 'was probably more complete in Spain in the sixteenth century than in any other part of Europe, including Protestant countries with an Erastian system'.(29) When benefices were granted by the monarch to such men of God as his barber's brother(30) the Church was clearly as little in control of its own destinies as it had been nine centuries earlier.
In order to accommodate the authorised version concerning the thirteenth century, therefore, it is necessary to assume that the Church first staged a rapid recovery consistent with its achieving the summit of 'power and prestige' in San Fernando's century,(31) and then, presumably, suffered a rather more rapid decline. The foregoing pages have argued that there had been no such rise and fall; that the Spanish Church was on the same plane in the thirteenth century as in the seventh or sixteenth. Felipe II's control of the Church dated from the reign of San Fernando, not from that of Fernando el Católico when Alexander VI had merely given his blessing to a fait accompli and ratified the king's possession of the tercias.(32) Hence the king's righteous indignation in 1485, for example, when Innocent VIII insisted that Spain contribute to the defence of Christendom against the Turks, and the time-honoured arguments in his protest which reminded the pontiff that what motivated the proposed final push to Granada was not desire for booty but devotion to Christ and to the cause of increasing the Catholic Faith (que sea acrescentada). To which end many past popes had granted the kings ecclesiastical revenue without diminution -- including Nicholas IV at a time when the Holy Land had been in dire need, 'non habiendo por menos justa e nescesaria esta guerra de Granada que la dicha Tierra Santa'.(33) And he might have looked even further back -- to 1247 and Innocent IV's grant to Fernando III.
Fernando III and his successors were able to help themselves to Church revenue when papal grants were not forthcoming, because [329] the Church's leaders were as helpless and hopeless in the thirteenth century as they had been in the seventh. In 1219 Honorius III called them dumb dogs, the very same epithet as had occurred to Honorius I when he had chastised their predecessors in the 630s;(34) and by implication they defended their craven performance, as San Braulio had done on the earlier occasion, as politic not cowardly.(35) But in the 630s they had at least had the councils in which to make their voices heard, if they dared. In San Fernando's century the dumb dogs were effectively muzzled, and when they attempted to break out and hunt in a pack -- notably in the late 1250s and at the end of Alfonso X's reign - they were soon cowed, so that their last state was worse than their first. In 1434 the bishop of Burgos could buttress his claim to consideration by reference to the Toledo Councils of the sixth and seventh centuries which had provided a hundred chapters of the Decretum; but he could not offer any such conciliar material from a later age.(36) It was from that source too that Vincentius Hispanus illustrated his point about the effectiveness of the pragmatic Spaniards of the 1230s who had gained their own empire and elected their own bishops, his authority, via Gratian, being a canon of the Twelfth Toledo Council of 681 which had described the appointment of bishops as a function of regalis potestas.(37) 'The entire dependence of the clergy on the court, which was traditional since the time of Valens and a fundamental characteristic of Teutonic society' and contributed to the failure of Arianism in Spain,(38) was carried over when Arianism gave way to Catholicism as the State religion and was a striking feature of public life in the thirteenth century -- by which time the kings, largely with the help of the ecclesiastics, had ridded themselves of that other Teutonic bequest -- elective kingship.(39)
[330] It was highly appropriate, therefore, that Felipe II should have pressed for the canonisation of Hermengild who had incurred martyrdom in 585, while attempting to be the first Catholic king of Spain four years before Reccared made the break. In February 1586 Sixtus V authorised the celebration of his feast in Spain.(40) An even more fitting symbol, though, would have been Reccared himself -- or Fernando III. For it was, after all, due in large part to Fernando III that Felipe II could be described in 1566 as 'the greatest prelate in ecclesiastical rents that there is in the world, after the pope'.(41) Fernando had laid the foundations of the Patronato Real.(42) 'Dignior autem est qui decimas recipit quam qui decimas tribuit', in the words of the medieval pope who best understood the subject of sovereignty.(43) Fernando's canonisation, however, had to await the next century. And thereby hangs a tale.
In November 1598, a month after the death of Felipe II, Juan de Mariana felt it safe to proceed with the publication of his treatise on tyrannicide, the De Rege et Regis Institutione - 'le livre le plus remarquable et le plus hardi que possède la littérature politique de l'Espagne'.(44) Prudently, though, he made some excisions, and one of the passages left out was a reasoned reply of a historical nature to certain allegaciones made by a fully-fledged regalist to the effect that the kings of Spain long before had possessed all the ecclesiastical diezmos with the permission of the popes, and that the churches were beholden for their income to a gracious monarch who at that time -- the late sixteenth century -- was prepared to content himself merely with the tercias. This claim contained a total reversal of the actual historical process of the previous centuries, and Mariana's refutation of it was based on the evidence which he had already published in the [331] History. Listing the instances of papal grants known to him, he was able to prove that, contrary to what had been alleged, it was the tercias and not the full diezmos that had been granted by a succession of spineless (flacos) popes, and, further, that these grants had been for limited periods only. Moreover, he suggested that the pope was forbidden by Canon Law to alienate the property of the churches without consulting the bishops concerned.(45)
Since, according to one estimate, more than half of the Spanish Church's income was appropriated by the Crown,(46) it is not difficult to understand why Mariana delayed publication and then toned down his observations on this point quite considerably. The morality of tyrannicide might be discussed openly, but too much was involved for Felipe II to countenance this sort of analysis of his financial affairs. It is not, however, true to say that all reference to this thorny subject was removed from the De Rege. For, in the belief that the first papal grant of this nature had been that of Gregory X to Alfonso X in 1275, Mariana made his point by implication, by casting Alfonso's immediate predecessor, Fernando III, in the role of the paradigmatically pious monarch who declined to tax the Church. At the siege of Seville, he claimed, Fernando had rejected the advice of those who had urged him to relieve their pressing need at the expense of the ecclesiastics. It was not the priests' money that he wanted -- the king was reported to have said -- but their prayers.(47)
The story seems to have been of quite recent invention. It does not occur either in the Primera Crónica General or in the Crónica del Sancto Rey, which had been compiled in 1526.(48) Mariana had not alluded to it in his History, published only seven years before. Possibly its pedigree goes no further back than the mid-sixteenth century and [332] the work of the Dominican, Domingo de Valtanàs Mexía, to whom, together with Mariana, reference was made in the 1620s when evidence was submitted to Rome in support of the cause of canonisation, and this instance of Fernando's piety was thrown into the scales to add weight to the various miracles ascribed to him.(49) So it appears that it was Mariana, of all people, who in his ignorance of the 1247 grant, and in the De Rege, of all books, first gave the legend currency and was responsible for its eventual acceptance as true history. And this suspicion is confirmed by the lack of attention given to it when the canonisation campaign was first mounted. In 1627 two books were published which might have been expected to have made much of the tale: Espinosa's Historia de Sevilla, and Pineda's Memorial of the king's 'excellent sanctity and heroic virtues' which, in the words of Menéndez y Pelayo, 'sirvió de pieza principal en el proceso de canonización'. Yet neither mentioned it. 'The fat rents' with which Fernando had endowed the churches, and his generosity to them in the repartimiento of Seville, were duly recorded, but not the king's worthy aphorism.(50) To the extent that it argued economic hardship it would, indeed, have been out of place in the Memorial, since Pineda was convinced by Lucas of Túy that 'todo el tiempo del Rey Santo' had been one of 'salud i abundancia', proof, he thought, of the Almighty's pleasure in the monarch, in contrast to 'the sword, the famine and the pestilence' which was the lot of the besieged Moors.(51) By 1673, though, two years after Fernando's canonisation, it was well [333] established, and Núñez de Castro was able to provide a blow-by-blow account of the imagined conversation of 1248.(52) Ten years later, the Bollandist Papebroch noted it as a tradition which he had not been able to verify.(53) Then, in the mid-eighteenth century, Burriel included it in the Memorias de San Fernando, which he dedicated to Fernando VI at just about the time when that monarch was negotiating the Concordat of 1753 and securing the Patronato Universal.(54) Like Mariana, Burriel regarded 'nuestro divino rey San Fernando' as the embodiment of those royal virtues which later kings had not invariably displayed in their dealings with the Church. He believed that historical research would show that Rome's supreme authority had always been acknowledged there 'desde las primeras luces evangélicas hasta el día de hoy'.(55)
Burriel's stamp of approval settled the matter, so that in the present century it could be maintained that San Fernando never encroached on the diezmos or other bienes privativos of the clergy, even when the pope had given him permission to do so. Thus Padre Retana in 1941, disposing of an offensive suggestion to the contrary made by a 'certain obscure author'.(56)
Presumably the object the P. Retana's scorn was a historian rather than a hagiographer.(57) At all events, his utter certainty on this point -- and [334] and his failure to analyse Gregory IX's letter, to which he referred, from the point of view of libertas ecclesiastica(58) -- are symptomatic of that 'rigidez de los viejos moldes eruditos' which, almost twenty years after Vicens lamented it,(59) still bedevils this subject. In 1941, however, half a century after Menéndez y Pelayo's exuberant speech, the issue was perhaps too uncomfortably contemporary to be susceptible of 'irreverent' analysis. Since 1892, self-assurance had evaporated: even in L'Ecole française de Rome Serrano could see signs of 'anti-Spain'.(60) The national complejo de inferioridad had established itself. As early as 1902 another biographer of Fernando III had deplored all the elements of disorder swarming about that country. In the year of Alfonso XIII's coronation he had entreated the Almighty to send another San Fernando to the rescue.(61) It was to the canonised monarch and his age that the disaffected looked back longingly, as the antithesis now rather than as the prefiguration of their present condition. So too, in 1937 -- after first Alfonso and then the Republic had failed to bring stability -- it was to the bishops of the thirteenth century and of the seventh that, albeit unwittingly, the Spanish hierarchy referred in their Encyclical Letter to their brethren throughout the world. They had declared for the Nationalists, they explained, lest, by tolerating injustice, they should incur the title of 'dumb dogs'.(62) Appropriate though it may have been, it was not a happy precedent.
1. Estudios y discursos de crítica histórica y literaria, VII, 47 ff., esp. p. 60.
2. Above Ch. 6. Santa María's discourse is publ. Ciudad de Dios, XXXV, 524. Cf. Suárez Fernández, Castilla, el Cisma y la crisis conciliar, 116; Tate in Studies... González Llubera, 387 ff.
3. Menéndez y Pelayo, VII, 57-8.
4. ASV, arm. XXXI.72, fo. 319V: 'Quod impugnator paganorum habeat ius presentandi in ecclesiis quas acquiret:... Cum itaque tu, fili benedictionis et gratie, ad hoc sis omni virtute sollicitus ut de frontaria regni Castelle... paganorum eliminata spurcitia ibi plantetur et vigeat religio christiana', the pope granted the Infante Alfonso right of presentation una vice to churches 'in cunctis villis aut castris dicte frontarie' (Schillmann, Formularsammlung, 2885). Cf. Mansilla, Iglesia castellano- leonesa, 89-90.
6. Above, pp. 86, 108, 217. Cf. Jaime II's letter of Jan. 1301 to Boniface VIII, complaining about the activities of the late Bishop Diego of Cartagena ('non pastorali sed hostili more. . . quodque eo solo quod castellanus origine et a nostrarum gencium nacionibus alienus, procuravit nobis semper incomoda et iacturas') and informing the pope that he had ordered the canons to elect 'talem. . . episcopum... qui Deo, vobis nobisque complaceat' as prelate of that exempt see: Vincke, Acta Aragonensia, I, 95-6. For 'useful' bishops in England, see C. R. Cheney, From Becket to Langton (Manchester, 1956), 21. For the whittling away of royal rights in later MSS. of the Primera Partida, see Herriot, Romance Philology, V, 170-1.
7. Sobrequés, La época del patriciado urbano, 164. Ferrer Flórez on Gregory IX's exemption of the see of Mallorca from metropolitan jurisdiction as an example of 'la idea teocrática' in action: AST, XXIII, 19-20.
8. Carmen, lines 139 ff., 213 ff.: his metaphor was drawn from bees.
10. Livermore, History of Portugal, 66-7. Cf. Chronica Rogeri de Hoveden, II, ed. W. Stubbs (Rolls Ser., 1869), 333 (sub anno 1187). Afonso Henriques had put his mother in chains -- 'parum imitatus Coriolanum Romanum', as Rodrigo Sánchez de Arévalo learnedly observed in the fifteenth century. According to this version the king answered the legate's criticism by showing him his scars. Publ. Gonzaga de Azevedo, História de Portugal, IV, 292-3.
11. 'Ca esta ssingularidat tienen los reyes de espana que nunca fueron ssubjectos al ymperio romano nin a otro alguno; mas ganaron e alçaron los regnos de los dientes de los enemigos ssegunt dise la glosa in c. adria in lxiiii dist. x. vo. iiij. E juan andres por prosupuesto pone que los reyes de castilla e de leon non reconosçe superior. In c. et ssenecte (sic) de dona. inter vi. et ux. De la cassa real de ynglaterra non sse lee esta perrogativa.' The first king of England, 'llamado thoel', had received the kingdom from the Romans on payment of tribute; and more recently England had become a feudal dependent of the Roman Church when Innocent III had sent a legate ('galacio vercelense') to King John: Ciudad de Dios, XXXV, 214-15.
12. López de Meneses, Est. Edad Media de la Corona de Aragón, VI, 377-8. Pedro IV of Aragon supported the idea in principle, but not Alfonso's proposed embargo on pilgrims out of Spain.
13. De Potestate Regia et Papali, cap. xviii, ed. J. Leclercq, Jean de Paris et l'ecclésiologie du XIIIe siècle (Paris, 1942), 229. Cf. E. H. Kantorowicz, The King's Two Bodies (Princeton, 1957), 326.
14. Breves Annales, sub anno 1277, describing Pope John XXI as 'magnus in Philosophia, sed in actionibus spiritu Hispanico plenus, quia exosos habuit religiosos', for which God punished him by making the ceiling collapse: RIS, XI, 1291.
16. Above, Ch. 5; Ríos, Historia crítica, II, 355-7.
17. Contemporaries did not share the enthusiasm of a later age for either Mallorca or the Algarve. Bishop Pedro could not tolerate the climate of his island see, and in Aug. 1268 was given permission to stay elsewhere; while at Silves five years later it was reported that the cathedral church was destitute of servitores between June and October 'cum aer, ut dicitur, eo tempore distemperantior apud Silvium sit': Reg. Clem. IV, 665;Silva Lopes, Memórias...do bispado do Algarve, 564.
18. 'La entencion de todos sea en deffender la ecclesia de Dios por a Jhesu Christo dar sus animas e yr contra moros non por cosa de rapina mas por acrescemiento de la fe de Dios': thirteenth-century Rule of the Order of Santiago, cap. 34, in Lomax, Orden de Santiago, 225-6.
19. Tejada y Ramiro, Colección de cánones, III, 411; Aguirre, Collectio maxima conciliorum, V, 208.
20. In 1318: Tejada, III, 475.
21. 'Unus ambassiatorum domini regis Castelle peciit nomine suo et suorum collegarum, quatenus in decreto concubinariorum addatur clausula "salvisremanentibus institutis et legibus regalibus"; alias protestatus est de non consenciendo': J. Hailer, Concilium Basiliense: Studien und Quellen zur Geschichte des Concils von Basel, III (Basic, 1900), 293. Cf. Suárez Fernández, 117.
23. Thompson, Goths in Spain, 36, 285-6.
24. Two others of note were clerical concubinage and misappropriation of the tercias, particularly by the bishops. 'So many enactments were passed on these two subjects that offences would seem to have been widespread': ibid. 45 ff., 299 ff. For restrictions on foreign travel, ibid. 176-7; and above, Ch. 7.
25. Thus Eduardo Romero, Tiranta y teocracia en el siglo XX (Mexico, 1958), esp. 18 ('el gobierno de los godos no fué otra cosa que una monarquía teocrático-militar' in the sense that, at the Visigothic Councils, 'los monarcas, prosternados ante los obispos y con el rostro en tierra, les suplicaban su apoyo y les pedían consejo'), 23, 42.
26. Thomas Hodgkin, 'Visigothic Spain', EHR, II (1887), 209-34, at p. 222.
27. Thompson, 281, 3 i6; J. N. Hillgarth, 'Coins and Chronicles: Propaganda in sixth-century Spain, and the Byzantine Background', Historia, XV (1966), 483-508, at p. 500.
28. The Structure of Spanish History, 68.
29. J. Lynch, 'Philip II and the Papacy', TRHS, 5th ser., II (1961), 23-42, at p. 24.
30. J. Cloulas, 'La Monarchic Catholique et les revenus épiscopaux', Mélanges de la Casa de Velázquez, IV (1968), 107-42, at p. 138.
31. Thus Sobrequés (above, p. 102).
32. Cf. W. E. Shiels, The Rise and Fall of the Patronato Real (Chicago, 1961), 82 ff.
33. Publ. Gofli Gaztambide, HS, IV, 72. For the fifteenth-century background and the Church's contribution to the conquest of Granada, see idem, Historia de la Bula de la Cruzada, 404 ff.; M. A. Ladero Quesada, Castilla y la conquista del reino de Granada (Valladolid, 1967), 208-13.
34. Above, Ch. I; Thompson, 185.
35. 'Dispensative potiusquam negligenter aut formidolose': PL. 80, 668C.
36. Ciudad de Dios, XXXV, 527.
37. 'Sed soli Yspani virtute sua obtinuerunt imperium et episcopos elegerunt' (above, p. 104). Gaines Post, Studies, 489, n. 197, gives the canonist's source as Decretum, dist. lxiii, c. 26. It is, in fact, c. 25 (Friedberg, Corpus, I, 242). Text in Concilios visigóticos e hispano-romanos, ed. J. Vives (Barcelona-Madrid, 1963), 393-4.
38. C. A. A. Scott, Ulfilas, Apostle of the Goths (Cambridge, 1885), 220. Cf. c. 35 of the Council of Agde (506) on the bishops' solemn obligation to attend the metropolitan synod 'postpositis omnibus, excepta gravi infirmitate corporis, aut praeceptione regia': Mansi, VIII, 330-1.
39. Cf. Sánchez-Albornoz, Bol. de la Acad. Argentina de Letras, XIV, 84, 91-4.
40. Lucas Castellinus, Tractatus de certitudine gloriae canonizatorum (Rome, 1628), 438. Cf. Acta Sanctorum: Aprilis: tom. II, 138; and, for the 'official view' of Hermengild at this time, the account given by the royal chronicler, Ambrosio de Morales: Corónica General de España, lib. XI, cap. lxvii [ed. Madrid, 1791, V, 545-54].
41. '...por ser Administrador de tres muy grandes Maestradgos, y de las tercias de los diezmos': Martín de Azpilcueta, Tractado de las rentas de los beneficios eclesiásticos (Valladolid, 1566), fo. 28v. For the Maestradgos -- the Masterships of the three Military Orders -- see L. P. Wright, 'The Military Orders in sixteenth- and seventeenth-century Spanish Society', Past and Present, XLIII (1969), 34-70.
43. Regestum domni Innocentii tertil pape super negotio Romani imperii, no. 18, ed. W. Holtzmann (Bonn, 1947), I, 29.
44. G. Cirot, Mariana historien (Bordeaux, 1905), 35 ff.
45. Ibid. 414-16, for the text of the draft.
46. Don Sancho Busto, acting bishop of Toledo, in 1574: Lynch, 27.
47. De Rege, lib. I, cap. X (Toledo, 1599), 122-3, 119: 'Ferdinandus Castellae Rex cognomento Sanctus, Hispali obsessa in magna atque adeo suprema inopia suadentibus quibusdam, uti templorum donis cam inopiam levaret, nc nciepto abscedere cogeretur cum gravi dedecore nominis Christiani praecise facturum negavit, maius se praesidium ponere dictitans in precibus sacerdotum, quam in omnibus comm copiis et auro.' Cf. above, Ch. 6.
48. "Crónica del Sancto Rey Don Fernando tercero deste nombre que ganó i Sevilla y a Cordoba y ajaen y a toda el Andaluzia, cuyo cuerpo esta en la Sancta Yglesia de Sevilla (Seville, 1526). The substance of the work is drawn from the Primera Crónica General. See Sánchez Alonso, Historia de la historiografía, I, 430.
49. Interrogatorio de testigos para el processo de la causa que pende ante el Illmo Sr D. Diego de Guzmán, Patriarca arçobispo de Sevilla, cerca de la excelente vida, heroicas virtudes y milagrosas obras del Señor Rey don Fernando el III que ganó à Sevilla y à toda la Frontera, llamado El Santo (Seville?, n.d.), fo. II, item 54. For Valtanàs, whom Carlos V consulted 'para negocios graves', see Ximena, Catálogo de Jaén, 459.
50. Pablo de Espinosa de los Monteros, Primera parte de la historia, antiguedades y grandezas de la muy noble y muy leal Ciudad de Sevilla (Sevilla, 1627), 147r-8r; Joan de Pineda, Memorial de la excelente santidad y heroycas virtudes del Señor Rey don Fernando, tercero deste nombre, primero de Castilla i de León (Seville, 1627), 94-7, 119. Cf. Menéndez y Pelayo, loc. Cit. 49. Nor did Pedro de Ribadeneyra (d. 1611), an expert on the subject of sanctity, allude to the incident, although chs. 37-8 of his Libro Primero de las virtudes del principe, entitled 'El recato que deven usar los principes en aprovecharse de los bienes de la Yglesia' [in Obras (Madrid, 1605), 469-74] provided him with an ideal opportunity for doing so.
51. Pineda, 158-60. It should be noted that the information about the besieged Moors being reduced to eating roots and excrement ('i aun desto avian poco') came not from Lucas, as Pineda thought, but from his fifteenth-century vernacular continuator. See Crónica de España por Lucas, obispo de Túy, ed. J. Puyol (Madrid, 1926), 434.
52. A. Núñez de Castro, Vida de San Fernando el tercero, rey de Castilla y León (Madrid, 1673), 110r-11v, citing Pineda, 24, though Pineda does not mention the exchange.
53. D. Papebroch, Acta vitae S. Ferdinandi III (Antwerp, 1684), 180= Acta Sanctorum: Maii: tom. VII, 346.
54. Burriel, Memorias, 119-21; Shiels, 229 ff. I do not mean to suggest that Burriel was the author of the Memorias, which seem to have been written by another some fifty years earlier. Cf. Menéndez y Pelayo, loc. cit. 50; L. Redonet y López Doriga in Centenario de la Conquista de Sevilla...conmemorada por El Instituto de España, el 24 de enero de 1948 (Madrid, 1948), 21.
55. Burriel to Castro, 30 Dec. 1754: publ. Valladares, Semanario Erudito, II, 44-6.
56. L. F. de Retana, Albores del Imperio: San Fernando III y su época (Madrid, 1941), 192-3: 'Me he detenido en este asunto, por cierto inútilmente, pues a nadie tengo que convencer; y no lo hiciçra, a no ser por haber leído en cierto oscuro autor, frases ofensivas e irreverentes para la memoria del ilustre gobernante, haciendo hincapié en lo que su pequeño espíritu cree ser lo característico, por ser lo único visible para él en este gigante.' P. Retana seems not to understand the relationship between the tercias and the diezmos. Nor is he impressed by Gregory IX's criticism of Fernando's intervention in the diocese of Calahorra (above, p. 140). The king's relations with the Church 'fueron siempre de hijo amante y de poderoso y ferviente protector' who enriched it 'con grandes donadíos': ibid. 172-3.
57. Possibly he had Cedillo in mind: Contribuciones, 298-9 (above, p. 111, n. 6).
58. Retana, 193, n. 53, quoting Reg. Greg. IX, 255 (Dec. 1228), as an example of papal authorisation of an ecclesiastical subsidy to the king. But Gregory's letter to the Castilian bishops also mentions -- which Retana does not -- that the pope had been much concerned 'a clamore tam querulo et clamosa querimonia' in their letter to him. He congratulated them as athletas imperterritos in the defence of ecclesiastica libertas. The oportuna subsidia and congruum remedium were to be assigned to Femando 'sine prejudicio libertatis ecclesiastice'. Possibly they had reported the king's attempt on the tercias. See above, p. 111. John of Abbeville was in Spain at the time.
59. Aproximación a la historia de España, 8.
61. 'Quiera el cielo deparamos un monarca como San Fernando que logre sacamos de tanto abatimiento': Santiago Rodríguez, Vida del Santo Rey don Fernando III de España (Barcelona, 1902), 124.
62. 'No podíamos inhibimos sin dejar abandonados los intereses de nuestro Señor Jesucristo y sin incurrir el tremendo apelativo de canes muti, con que el Profeta censura a quienes, debiendo hablar, callan ante la injusticia': Cardenal Isidro Gomá y Tomás, Pastorales de la Guerra de España (Madrid, 1955), 154.