But, while the native ecclesiastics obtained such complete ascendency over the popular mind, the Roman See could boast of less influence in Spain than in any other country in Europe. The Gothic liturgy was alone received, as canonical until the eleventh century; [75] and, until the twelfth, the sovereign held the right of jurisdiction over all ecclesiastical causes, of collating to benefices, or at least of confirming or annulling the election of the chapters. The code of Alfonso the Tenth, however, which borrowed its principles of jurisprudence from the civil and canon law, completed a revolution already begun, and transferred these important prerogatives to the pope, who now succeeded in establishing a usurpation over ecclesiastical rights in Castile, similar to that which had been before effected in other parts of Christendom. Some of these abuses, as that of the nomination of foreigners to benefices, were carried to such an impudent height, as repeatedly provoked the indignant remonstrances of the cortes. The ecclesiastics, eager to indemnify themselves for what they had sacrificed to Rome, were more than ever solicitous to assert their independence of the royal jurisdiction. They particularly insisted on their immunity from taxation, and were even reluctant to divide with the laity the necessary burdens of a war, which, from its sacred character, would seem to have imperative claims on them. [76]
Notwithstanding the immediate dependence thus established on the head of the church by the legislation of Alfonso the Tenth, the general immunities secured by it to the ecclesiastics operated as a powerful bounty on their increase; and the mendicant orders in particular, that spiritual militia of the popes, were multiplied over the country to an alarming extent. Many of their members were not only incompetent to the duties of their profession, being without the least tincture of liberal culture, but fixed a deep stain on it by the careless laxity of their morals. Open concubinage was familiarly practised by the clergy, as well as laity, of the period; and, so far from being reprobated by the law of the land, seems anciently to have been countenanced by it. [77] This moral insensibility may probably be referred to the contagious example of their Mahometan neighbors; but, from whatever source derived, the practice was indulged to such a shameless extent, that, as the nation advanced in refinement, in the fourteenth and fifteenth centuries, it became the subject of frequent legislative enactments, in which the concubines of the clergy are described as causing general scandal by their lawless effrontery and ostentatious magnificence of apparel. [78]