^3 so i J tn O tn AN OUTLINE OF THE HISTORY OF CLERICAL CELIBACY IN WESTERN EUROPE TO THE COUNCIL OF TRENT BY EARL EVELYN SPERRY, Ph. B. SOMETIME UNIVERSITY FELLOW IN HISTORY, COLUMBIA UNIVERSITY. INSTRUCTOR IN EUROPEAN HISTORY, SYRACUSE UNIVERSITY Submitted in Partial Fulfilment of the Recjuiremrnts for the Decree OF Doctor of Philosophy, in the Faculty of Political Science Columbia University SYRACUSE. N. Y.: PUBLISHED BY THE AUI'HOR 1905 • • » » t tit > * ■ SYRACUSE, N. Y.: THE LYMAN PRESS 1905 • • • • I • • • • • •• • • • • •• • • ■ • • • • • • • * ^3. '^ PREFACE The purpose of this thesis is to review the essential facts concerning the origin of clerical celibacy, its development and effects in western Europe to the time of the Council of Trent, and to present such extracts from the sources as are of special interest and importance in the history of this subject. Mr. Henry C. Lea's "Historical Sketch of Sacerdotal Celibacy in the Christian Church" has been used as a guide throughout, and in cxhaustivcness and scholarship stands preeminent among the works upon the subject. E. E. Sperry. Syracuse, N. Y., Mar. i, 1905. Ill 4.5a08^ INTRODUCTORY NOTE At the outset it may be well to warn the reader that in form- ing an opinion concerning clerical morality there are certain important facts which should be kept constantly in mind. The written evidence upon the subject which has been preserved seems to indicate that during the Middle Ages and the opening centuries of the modem period the clergy as a class were very immoral. It must be remembered, however, that the period of time under discussion is a long one, extending from the fourth to the sixteenth century, and while the sources of information are comparatively abundant, it is unreasonable to suppose that they give us a fair and adequate picture of the clergy of all Europe for more than a millennium. Further, these sources consist largely of conciHar enactments and of the utterances of those engaged in reform. It is evident that they must be used with caution, for a future student who judged the nine- teenth century only by its codes of criminal law and the denun- ciatory writings of social reformers would obtain a grotesque idea of its current morality. Moreover, although the principal sources consist of the writ- ings of the friends of the church they must not be given full credence, ^ because their authors were in the habit of resorting 'To illuHtnite: Peter of Blois, who had vuinly endeavored to compel the clergy of hi.s I-:riglish benefice to obey the rule of celil)acy, wrote thus to Inno- cent III. concerning them: Ipsi vero publice et aperte fornicantes pra'dicel)ant, sicut Sodonui peccatuiil suum, et in palpcl)ri.s popularis infainifc duccl)ant uxorcs, alter altcrius filiain, sive nepterii, taiitaquerat c()gnati()iii.s conncxio inter eos ut colligationcs impietatis eorum nemo dissoluere prajvaleret. . . . Erant enim qua.si squama; Behemoth, (juarum una uni coniuiigitur, ct apiraru- lum vit;n non incedit per eas. Terra proinde clamabat advorsus eas, ct ca-li revelebant iniquitates eorum. Exactissima diligentia laboral)ain vitioruin in els propagines venenosos excidere, sed facilius convertercm lupos in oves, et feras in homine.9. Petri Bleacnsis, Ep. 152. Bib. Max. Pat. 2\, 1004. Yet the only specific charge which Pet<;r l^rings against these men of whom he uses such strong terras of objurgation is that they were married. VI to a species of rhetorical denunciation in which gross exagger- ation was an essential concomitant. Another consideration must also be reckoned with when weighing the statements of mediaeval churchmen concerning clerical molality. As priests were not only forbidden to marry, but early in the twelfth century were declared incapable of contracting a valid marriage, those who dwelt with women conjugally were adulterers in the eyes of the church and were so described in canons, decretals and the writings of the time. Similarly, the w^omen who lived with them conjugally were described as concubines. This view is substantiated by Jacob Wimpheling for example, who, under the caption, "Concerning the Blindness of concubinary Priests," thus describes this class of priests in Germany just before the open- ing of the Protestant Revolt : " They think less of their parents and friends than of their concubines, dwelling with them to the end of their lives as if true and legitimate spouses. They allow them the full control of their households so that the other members of the family must obey. They dress them ex- pensively and esteem them as highly as their mothers and sisters. And, posterity will scarcely believe it, when pregnant, the women are not ejected from the house, but allowed to be confined there. After the birth a festival is held as is the custom with laymen. The sons and daughters are provided with dowries and given in marriage with magnificent weddings at which the fathers themselves are present."^ Although Wimpheling here stigmatizes the consorts of the priests as concubines, and in a preceding passage as harlots, he evidently is describing women who were treated in all respects as wives, save that the legal forms of marriage had been omitted. Finally, the general question presents itself, how far the rule of celibacy was itself responsible for such sexual immorality as seems generally to have prevailed among the mediaeval clergy? Those who are inclined to attribute the debasement of the clergy to the church's prohibition of marriage should * Apologia, 13. vu recollect, however, that its laws appear to have been least observed during the very period when, to judge from the writers of the time, sacerdotal morality reached its lowest ebb. TABLE OF CONTENTS Clerical Marriage in the Apostolic Church. Praise of Virginity in the New Testament. Tendency to Asceticism in the Religious Thought of that Period. Recommendations Concerning Matrimony by the Church Fathers. Clerical Marriage to 325 A. D. Failure of Council of Nicsea (325) to Interfere with the Married Clergy. Early Restrictions Upon the Marriage of Christian Ministers. Decree of the Council of Elvira (306). Decretal of Siricius, Bishop of Rome (385). Marriage Among the Clergy of the East. Influences Favorable to Celibacy in the West. Provisions of the Secular Law in Regard to Clerical Marriage. Efforts of the Bishops of the West to Enforce "Continence" Among the Married Clergy. New Restrictions Upon the Marriage of the Minor Orders. Decretals of Leo the Great Concerning Celibacy. Laws of Justinian. His Motives. Canons of the Council of Constantinople (692). Disobedience Among the Clergy of the West. Reasons for it and Evidence that it Existed. Danger to Church Property Accompanying Clerical Marriage. Measures of Gregory I. to Secure Obedience. Degradation of the Clergy. Evidence Concerning it by Pelagius II., St. Boniface and in Conciliar Enactments. Measures of Karlomann and Louis the Pious to Reform the Clergy. Prevalence of Clerical Marriage. Diminution of Ecclesiastical Property. Continuance of Clerical Marriage. Zeal of Peter Dainiani for Celil>acy. Efforts to Suppress Clerical Marriage. Prohibition to Attend Mius-scs of Married Priests by Council of Rome (1059) Defence of Married Clergy by Argument. Motives of I'eter Damiani. His Efforts for Reform. Gregory VIL's Theory of Papal Supremacy and Connection of Celibacy with It. His Measures to Secure Obedience. ix Appeal to Secular Authority. Release of People from Obedience to Married Clergy. Opposition of Married Clergy to His Measures and their Arguments Against Celibacy. Replies of the Advocates of Celibacy. Effect Upon Society of Gregory's Measures. Result of His Efforts. Canons of the Lateran Councils of 1123 and 1139. Contradiction of Gratian. Decretal of Alexander III. Effect of Vows in Preventing Marriage. Clerical Marriage in the Various Countries of Europe. Heredity of Church Property. Efforts of Innocent III. to Enforce Celibacy. Results of Enforcement of Celibacy. Legislation Concerning Consorts and Children of the Clergy. Licentiousness of the Clergy. Decretal of Boniface VIII. Clerical Morality in the Fourteenth Century. In the Fifteenth. Desire of the People that the Clergy Marry. Opposition to Celibacy Among Ecclesiastics. Morals of the Clergy in the Sixteenth Century. Connection with Protestant Revolution. Canons of the Council of Trent. Clerical Celibacy in Western Europe to the council of trent The New Testament affords little information concerning marriage among the ministers of the Apostolic church. Whether or not all the Apostles were married cannot be de- termined, there being an incidental reference to the wife of Peter alone. ^ It is certain, however, that clerical marriage was not viewed with disapprobation in that period, for St. Paul has left descriptions of an ideal bishop, elder and deacon in which he mentions as a qualification conducive to their effici- ency that they should be husbands of one wife, ruling their children well.^ Concerning marriage in general, the words of Christ show that he regarded it as the most sacred and indissoluble of human relations, ^ and St. Paul considered it an institution salutary in its effect upon the individual and society.* That the founders of the Christian church not only approved of marriage, but resisted any attempt to bring it into disrepute, is shown by St. Paul's prophecy concerning the heresies which were to afflict the church, among which he included the pro- hibition to marry. ^ But contemporary with the belief that wedlock was a bene- ficent institution, and, as a rule, necessary to moral uprightness, was a tendency to exalt virginity. Christ himself intimated that those who refrained from marriage were superior in moral worth to all others, and while admitting that all natures were not capable of such restraint, recommended that those who > Matt. 8, 14. ' I Tim. 3, 2, 4. I Tim. 3, 12. Titus 1, G. ' Mutt,. 19, 4, sqq. ♦ 1 Cor. 7, 2. » Now the spirit speaketh expressly that in the latter times some slmll depart from the faith, n,\\'\uK h<'<') c. 1. Ilarduin I, 324. Cf. Canones Apostolonmi, c. 22, Ilarduin 1, H. * Antifpiitu.s autcm nerdum homo perfectuH orat: ac idco virginit.itrMi (rem utiquc perfectam) capcrc nerdum poU;rat. Mrthodiu.s, Convivium decern vir- ginum, cap. 4. Pat. Cr. 18, 43. ' Hieronymus, Ep. ad Eustochium. Tatrologia Latina 22, 409. surpassed onl}^ by martyrdom. ^ That the subject held an important place in the religious thought of that age is shown by the numerous treatises upon it; and the efforts made in them to ascertain the relative merits of virginity and marriage usually result in .showing the latter to be an incomparably less honorable condition. ^ The basis of these exhortations and injunctions to refrain from marriage was the teaching of Christ that carnal propensi- ties must be overcome; a natural conclusion being that any relationship favorable to their gratification was, to some degree, evil. While St. Augustine was filled with the same fervent admiration for virginity to which St. Jerome gave expression, his Liber de Continentia contains no extravagant praises of continence. He recognized the naturalness and necessity of marriage and the difficulty of perfect self-restraint, although a1 the same time he considered the latter far superior. ^ But the laudations of celibacy by the church fathers and the ' Totum fundamentum etenim sanctitatis atque justitiae etiam castitatem esse dubitare non poterit, quisquis divinae legis exempla tota intentus mente perspexit. Liber de castitate ascribed to Sixtus III. Magnum Bibliotheca Patrum, 5, 631. Cyprian, De habitu \'irginum. Pat. Lt. 4, 460-467. Epiphanius, Expositio fidei, Cap. 21. Pat. Gr. 42, 823. * Et qui, inquit, hortaris matrimonium non contrahere? Quod virginitatem matrimonio longe prsestantiorem sentiam. S. Chrysostomus, Liber de Virgini- tate, cap. 9. Pat. Gr. 48, 539. Ergo haec laus virginitatis egregia est, ut scilicet statuat quis virtutem ipsam omni esse laude prsestantiorem . . . S. Gregorius Nysseni. Liber de Virgini- tate, cap. 1. Pat. Gr. 46, 322. Laudo nuptia-s, laudo coniugium, sed quia mihi virginem generant . . . S. Hieronymus, Ep. ad Eustochium. Pat. Lt. 22, 406. . . . et illi qui coniugia virginitati sequanda sestimant, miseri penitus et stulti sunt. Sulpicius Severus, Dialogus 2. Pat. Lt. 20, 208. Centesimum eplscopi et doctores qui omnibus omnia sunt, sexigesimum clerici et viduse qui continentes sunt, tricesimum laici qui fideles sunt, qui per- fecte Trinitatera credunt. His amplius non est in messe Domini. Monachi vero et virgines cum centesimis jungimus. Synodus S. Patricii, can. 18, Harduin 1, 1795. ' S. Augustinus, De Bono Conjugali, cap. 9. Pat. Lt. 40, 380-381. See also Liber de Continentia, cap. 1. Pat. Lt. 40, 349, 357. example of their rigidh' ascetic lives were without immediate effect upon the discipHne of the clergy. As neither Christ nor the Apostles had enjoined celibacy upon any part of the Christian body, its advocates lacked the powerful support which direct Scriptural command would have given them; and being in opposition to a universal and necessary institution, it was inevitable that the adoption of celibacy by the clergy was slow. There is good evidence to show that during the fourth century a continuation of marriage relations after ordination was still permitted b}^ the highest laws of the church. Certain members of the Council of Nicaea attempted to make celibacy obligatorJ^ but their proposal was defeated. ^ The Council of Gangra (362) met the ascetic extremes of Eustathius by de- claring anathema all who refused to accept the sacraments from the married priests or distinguished them in any way from the unmanied.^ And the Apostolic Canons, which reflect the conditions of the church at the time of their com- ' While they were deUberating about this, some thought that a law ought to be pa.ssed enacting that bi.shops and presbyters, deacons and sul)deacon3 should hold no intercourse with the wife they had espoused before they entered the priesthood; l>ut Paphnutius, the confesaor, stood up and testified against this proposition; he said that marriage was honoralile and chaste, and that cohabitation with their own wives was chastity, and advised the synod not to frame such a law, for it would l^e difficult to bear, and might serve as an occasion of incontinence to them and their wives; and he reminded them, that according to the ancient tradition of the church, those who were unmarried when they t^)ok part in the coiiuuuiiion of sacred orders, were rcc^uired to remain so, but that those who were married were not to put away their wives. Sozomen, Ecclesiastical History, Kk. 1, Ch. 23. Nicenc and Post-Xicenc Fathers, 2, 2.50. Cf. Socrates Ecclesi.-istical History, Bk. 1 , Ch. 1 1 , Tb. 18. ' Quiruin'pie disreniit a presbytero rpii uxnrom hal)uit, quod iion oporfeat eo ministraiite de oblatione percipere, anathema sit. Con. Oaiigrcn.sc, (.'^02) c. 4. Harduin 1, 534. That celibacy was not originally an obligation of church di5ci|)line was admitted by the highest mf(li:fval authority upon canon law and ap|)!irently was a fact of common knowledge, among edur.itcd men throughout the Middle Ages. Corpus Juris Canonici, Dist. 56, c. 13. (Jiraldus Cambrensis, Genuna EcclesiiB, Dist. 2, cap. H. Rer. IJrit. .Med. Aev. Scr. 21, I't. 2, 187. pilation, not earlier than the close of the fourth century, threaten with deposition all ecclesiastics who dismiss their wives upon religious pretexts, and with expulsion from the church all who abstain from marriage as an abomination. ^ But while the clergy were allowed to take wives, their mar- riage had been under one restriction from Apostolic times. The command of St. Paul that bishops and deacons should not marrj' a second time- was the beginning of a series of church decrees which ultimately went to the length of prohibiting all marriage among the clergy. The Council of Neocesarea (held between 314 and 325) enacted a canon which marks a long advance toward the culmination of this series of laws. It is to the effect that a priest who marries after ordination ought to be deposed.^ In the Apos- tolic Canons is an injunction similar in nature which seems to include deacons and subdeacons, though no mention of them is made, and which permitted lectors and chanters to marry after consecration if they cnose.^ It would seem, then, that by the opening of the fourth century, both custom and ecclesiastical law forbade marriage after ordination except to chanters and lectors; and that the councils had positively prohibited the ordination of a man • Si quis episcopus, presbyter, vel diaconus, vel omnino ex sacerdotali num- ero, a nuptiis, camibus et vino, non propter exercitationem sed propter abomi- nationem abstinet, oblitus quod omnia valde bona, et quod masculinum et femininum fecit Deus hominem; . . . vel corrigatur, vel deponatur, et ex ecclesia ejiciatur. — Can. Apost. c. 50, Harduin 1, 22. ' I Tim. 3, 2. » Con. Neo. Harduin 1, 281. ♦ Can. Apost. c. 27. Harduin 1, .35. As early as the date of the Council of Nica'a (325), it evidently had long been the cu.stom that bishops, priests and deacons should not marry after ordina- tion, for Paphnutius, in debating the proposal already mentioned, (page 6, note 1) says: "It would be sufficient that such as had previously entered on their sacred calling should abjure matrimony, according to the ancient tradition of the church; but that none .should be separated from her to whom, while yet unordained, he had been united." Socrates, Bk. 1, Ch. 11. Nicene and Post-Nicene Fathers, 2, 18. twice married after baptism, but allowed the ordination of men once married, and did not demand a discontinuance of marital relations after ordination. The explanation of the seeming inconsistency of the rules allowing those in orders to retain their wives, while forbidding those who were unmarried at the time of ordination to take wives, is probably that the lawmakers of the church felt that ordination could not annul obligations alread^^ assumed, though incompatible with the highest ideals of the Christian ministry-; but that when once hol}'^ orders were taken, the ecclesiastic was bound to maintain as nearly as possible the ideal purity suitable to his position.^ Although ecclesiastical laws at the end of the third century indicate uniformity of custom throughout Christendom in regard to clerical marriage, the opening of the fourth centurj^ saw an effort toward its further restriction in the west. The Spanish Council of Elvira (306) decreed that married bishops, priests and deacons should discontinue conjugal relations. ^ The canon was merely an expression of the authority of the local clergy and was not of force beyond the diocevSes of the nineteen bishops who made up the Council, but it is the first decree proceeding from ecclesiastical authority which ordered that the members of the three higher orders should abstain from their wives. In the east contemimrary legislation was even less .stringent than the tradition of the third centurj', for it i)ermitted unmarried deacons who did not take a vow of cehbacy at ordination to marry afterward if they chose. ^ But ' Sacerdotum enim tarn exccllens est elcctio, ut h.TC qu.T in aliis ecclesiaj membris non vocuntur ad culpam, in illi.s taraen habeantur illirita. Loonis Papac Epi.stola; DecretaleH. Hurduin 1, 1767. Id do sarcrddtibii.s primo in loco atatutiim est; dc cpi.scopi.s, pre.sliytcris ct diacoiiiI)u.H, (pio-s Bacrifu-iiH divini.s nece.s.so est intercasc; per (juonun nianviset gratia l)apti.sinatiH traditur, et corpus Chri.sti conficitur; quos non solum nos, sed ct scriptiira divina com- pollit e8.se ca.stiHsiinoH. f^anones Synod. Romanoniiii ad ('■■■lilos F,[)i.sropos (c. 384), c. 3. Harduin 1, 1034. ' Placuit in totum prohibcri cpi.scopi.s, prcsbyteris, ac diaronibu.s, vcl omni- bus clericis positis in mini.sterio, abstincre se ab conju>iil)UH suis, et non Kcncrare filio.s; quicnmqiic vcro fcccrit ab honorc clcricatu.s cxtcnninctur. Con. Illib. (306), c. 33. Harduin 1, 'J.W. ' Con. Ancyra (c. 314), c. 10. Harduin 1, 276. 8 tlicse canons, like those of Elvira, were merely local in effect and the onl}' authoritative enactments of these decades bind- ing upon the whole church were those of the General Council of Nicaa (325) . This council took no action in regard to the preservation of continence by the married clergy, but trust- worthy records of its proceedings state that an attempt was made to impose the rule upon them and that the attempt was defeated through the efforts of Paphnutius, an Egyptian bishop, and himself a celibate. ^ During the next sixty years there are no records of formal action upon clerical marriage by council or synod. But in 385 Siricius, Bishop of Rome, in replj^^ to the Bishop of Tarragona, who had asked the late Roman bishop, Damasus, for aid in compelling his clergy to obey the canon of Elvira, issued a decretal in which he commanded, though not in express terms, that the ordained clergy should cease conjugal relations. ^ The decretal threatens with deposition from office all who knowingly disobey, and with incapability of promotion those who disobey through ignorance.^ The letter gives no reason for imposing the rule of perfect continence except the greater purity of the church* and shows that the Spanish clergy in opposing the enforcement of the canon of Elvira, had based their right to marry on the permission given in Leviticus to the Hebrew priests.^ The issue of a positive command by Siricius indicates that he thought there was a prospect that his effort would find some ' See p. 6, note 1. For a discussion of the authenticity of the story of Paphnutius, see Lea, p. 50 sqq. Hefele, Conciliengeschichte 1, 431-5. ' Quorum sanctionum sacerdotes omnes atque Levitse insolubili lege con- BtrinKimur; ut a die ordinationis nostrse, sobrietati ac pudicitise et corda nostra rnancipemus et corpora, dummodo per omnia Deo nostro in his, qurs cotidie offerimus, sacrificiis placeamus. Syricii Ep. Harduin 1, 849. From the con- text of this pa-ssage it would seem that by "sobrietas ac pudicitia" Siricius meant perfect continence. 'lb. * . . . utindie judicii, cum runsusadvenerit, sine macula et ruga eampossit, .sicut per Apostfjlum suum instituit, reperire. lb. ' lb. The passage of Leviticus referred to is 21, 14. support among the bishops of Spain; and owing to the pre- valence of Priscilhanism there he had good reason for encourage- ment. Priscilhan's teachings, based upon the duahsm of eastern philosophj^ alreadj' mentioned, ^ and having much in common with Manichaeism and Gnosticism, were permeated with the idea that the world and the kingdom of God are mutually opposed, and consequently emphasized the ascetic tendencies in Christianit}', making their realization one great aim of the Christian life. He had numerous followers in Spain, and in consequence the conditions there were favorable to the enforcement of Siricius' command. While the enactment of the Canon of Elvira proves that these ascetic tendencies were beginning to influence the disci- pline of the clergy in Spain, there are few facts from which to form a conclusion as to the customs of various countries throughout Christendom. They probably varied, the clergy of the east usually retaining their wives after ordination, and those of the west, particularh^ the members of the higher orders, sometimes separating from them. vSocrates, referring to the eastern church, states that the abstinence of married bishops from their wives was optional, and that many became fathers. ^ The canon of the Council of Gangra (362) anathematizing those who refused the ministrations of a married priest, also indicates that in the east the clergy often continued matrimonial rela- tions unbrok'cn.^ Thus, in the fourth century the advance in legislation con- cerning ecclesiastical marriage had been the canon of tiie Council of Elvira (306) and the decretal of Siricius (3S5). Sev- eral tendencies and conditions of the fourth and fifth centuries were favorable to their enforcement. The authority of the Bisliop of Rome, now exerted in behalf of celibacy, was exj)and- ing and growing more potent T\]v hierarchy was l)ecoming ' See p. 2. ' Socrates, Ecclesiastical History, I3k. 5, Ch. 22. Nicene and Post-Nicene Fathers 2, 132. ' .See p. 6, note 2. 10 more thoroughly organized and hence more easily disciplined. Christianity had been made the religion of the state and the sanctions of the civil authority' added to its commands. The writings of the great churchmen inculcating and recommending virginity were in course of production. Monasticism was spreading, and its example of the severest self-mortification found many powerful and influential devotees. With these forces in cooperation, the success of the struggle for a celibate clergA' was assured. ^ But one important and efficient aid was as yet lacking to the authorities of the church in the struggle for celibacy which had now begun; namely, the support and sanction of the secular authorit3^ The imperial legislation of the fourth and earl}' fifth centuries shows that the influence of the Emperor was not as yet exerted on the side of celibacy for the secular clergy, and that the many exhortations and polemics in its behalf, although proceeding from the greatest churchmen of the times, had not j'et won the civil authority to aid in the estab lishment of this rule of church discipline. In fact the laws of the time indicate that this particular form of asceticism did not receive from the state even the indirect encouragement which might have been given. For example: Constantius and Constans, in granting (353, 357) certain exemptions and privi- leges to the clerg}', include therein their wives and children; ^ and a law of almost a century later (434) enumerates wives and children among the legal heirs of priests and bishops.^ Of much greater significance is a law of Honorius and Theodo- sius (420) regulating the relations of clerics with women. After prohibiting the clergy from dwelling with other women than mothers, sisters or daughters, because of the scandal which might result, it gives express approval of clerical mar- ' Le C^libat Eccl^siastique, Bocquet, p. 109. ' After making the grant of exemptions to the clergy the law proceeds thus: "Quod et coniugibus et libcris eorum et minlsteriis, maribus pariter ac feminis, indulgemus, quos a censibus etiam iubemus penseverare immunes." Cod. Theod. Lib. 16, Tit. 2, c. 10. See also c. 11, 14. Haenel 1484-5, 1486, 1488-9. ' Cod. Theod. Lib. 5, Tit. 3. Haenel 457. 11 riage by the statement that the wives of the clergy, having made their husbands worthy of the priesthood by their companion- ship, may well continue to associate with them. ^ An exception to the attitude of the government at this time toward a celibate clergy is found in a law of Arcadius and Honorius which recommends that bishops in making appoint- ments to the priesthood should choose monks. ^ While this recommendation, if followed throughout Christendom, would have resulted in producing a celibate clergy, and therefore may be considered an aid in the execution of the purpose of Siricius and his party, there is a most important difference in the attitude of the secular and ecclesiastical authorities toward celibacy. The former here approved a clergy whose members had voluntarily subjected themselves to celibacy; the latter was entering upon a policy of coercion. The authorities of the church were compelled to undertake the contest alone, and stimulated by the decretal of Siricius the bishops of western Europe soon began the attempt to force their married clergy to preserve continence. A decretal addressed to the African Church resulted in the Council of Carthage (390), which enacted a canon directed against the married clergy of the major orders. Moreover, by a decree to the effect that all who were concerned in the administration of the sacraments should likewise preserve continence, the council extended the rule to those in minor orders who served at the altar.-'* The innncnce of Siricius upon Africa was seconded ' lUas etiiiiii iioii rcliiKiui castitiiti.s hortiilur afTcctio, quric hii, 12.S1. * Hin.schiiiH, Kirchenrecht, 1, 140. ' Cod. 1, 3, L. 42, § 1. Corpu-H Juria Civilis, Momin.son & Knieger 2, 26. Novelhc 6, cap. 1, § 3, 4. lb. 3, 37. • See p. 2. 14 duties and that it is unbcconiinjj; that the wealth given to the church for pious uses should be employed by the bishop to enrich his posterity.^ The ecclesiastical decree that the higher clergy should not marry after ordination was renewed by Justinian in the Code, and, as a penalty for disobedience, he pronounced illegitimate the children of such marriages, and with their mothers, in- capable of inheritance. 2 The decree is repeated in the Novellce and extended to subdeacons, offenders to be degraded to the status of laymen. 3 Lectors were forbidden to marry a second time. ^ But nowhere in the Code or Novellce is to be found a law similar to the decretal of Siricius which ordained that con- jugal relations should cease after ordination. The Council of Constantinople (692), nevertheless, repeated the ecclesiastical decree that those who become bishops should cease conjugal relations after ordination.^ This Assembly however made no innovations in the rules of the eastern church concerning ecclesiastical marriage, simply renewing the former canons and secular laws. These forbade all in holy orders, subdeacons, deacons, priests and bishops, to contract marriage after or- dination;*^ allowed marriage in the lowest grades and per- mitted all thus married to retain their wives after admission to the higher orders.^ As the canons required that bishops be celibates, it became customary to raise to the episcopate only monks. The enactments of this council are at present the law of the Greek church. In the west disobedience of the rule requiring continence • Cod. 1. 3, L. 41 § 2, 3, 4. lb. 2, 26. ' Cod. 1, 3, L. 44. Mommsen & Krueger 2, 30. ' Novellae 6, cap. 5. lb. 3, 43. Mb. ' Con. Quin. c. 12. Harduin 3, 1663-1666. • . . . et nos hoc .servantes decemimus, ut deinceps nulli penitus hypo- diacono, vel diacono, vel presbytero post sui ordinationem contrahere liceat. Si autem fuerit hoc aasus facere, deponatur. Con. Quin. c. 6. lb. 1662. ' Quainobrem, si qui.s dignus inventus fuerit, qui hypodiaconus, vel diaconus, vel presbyter ordinetur, i.s ad talem gradum a.ssumi nequaquaquani prohibea- tur, si cum legitima uxorc cohabitet. Con. Quin. c. 13. lb. 1GG6. 15 seems to have been general during the fifth, sixth and seventh centuries. There were two potent causes calculated to pro- duce such a condition. After the invasions of the northern tribes and the establishment of the Teutonic states upon Roman soil, ecclesiastical patronage was often in the hands of chieftains who naturally bestowed favors upon those of their followers who most deserved reward, and these being, for the most part, mere warriors, were unfit for positions in the church. Their motives for entering it were ambition or avarice, and their fierce natures unfitted them for the self-restraint then demanded of ecclesiastics. Over against this tendency toward lawlessness was the attempt to enforce the rule of absolute continence. Even in much more favorable conditions than those of the fifth and sixth centuries it was unlikely that such an attempt could be made without frequent disobedience or without producing new forms of licentiousness in many cases: but in a society which seems to have been so turbulent and lacking in moral restraint as was the society of that day, ^ it was inevitable that the unnatural self-restraint demanded by the church should lead to widespread evasions of the com- mand. The acts of the councils of these centuries indicate that such was the case, and so numerous are their enactments against the continuation of marital relations and more serious offences that a citation of a few of those best illustrative of the conditions must suffice. The Council of Tours (567) stated that tin- people suspected that many of the clergy continued forbidden relations with their wives. T<» prevent such uncanonical acts in the futuri- the council decreed that, whenever a priest entered his house, he should be accomj)anied by at least one of his clerical sul)ord- inates. This monitor was to remain with him continually, even to sk-e-p in the room with hitii. Ilu' punishment to be inflicted on those found alone with iheir wives was excom- munication for a year and irrevocable depositi(»ii lumi olfice.^ ' SalviaiiiiH, Do (lul>ernatione I>oi, Lil>er G, cap. 11. I'at. Lt. .W, IJO. ' Con. Tur. 2 (567), c. 19. Hardiiin. 3, 361; alao c. 20, lb. 302. 16 The Council of Macon (581) decreed that no woman should be permitted to enter the bedchamber of a bishop unless two priests or deacons were present. ^ That it was found necessary to introduce such a humiliating espionage, and to impose such severe penalties for infractions of the rule, establishes the fact that disobedience must have been frequent and difficult to overcome. In Spain the harshness of the punishments to be inflicted on offenders indicates that the church authorities there had a similarly stubborn disobedience to combat. The guilty clerks were to be deprived of office and their consorts condemned to monastic life.^ The secular laws show that the clergy of all ranks were living with their wives almost without concealment, and commands that such unions shall at once be severed by the bishop or judge and a penalty of one hundred lashes be in- flicted on the wife.^ The ninth Council of Toledo (655), finding these severities in vain, condemned the children of married ecclesiastics to slavery.^ This enactment appears somewhat strange when viewed in connection with the fact that as late as the middle of the seventh century the sons of ecclesiastics were raised to the papal chair. ^ So common was clerical marriage in Spain, even among bishops, that the secular power found it necessary to interfere for the preservation of ecclesiastical property. By royal law every bishop, upon his accession to office, was compelled to make an inventory of the episcopal possessions; his successor was to make a similar inventory, compare it with the preceding, and demand from the heirs whatever was lacking.^ Pelagius I introduced a similar custom in Sicily. '^ > Ck)n. Matis. 1 (581), c. 3. lb. 451-2. ' Con. Tol. 8 (6.53), c. 4. 5. Harduin, 3, 962. ' Fuero Juzgo, Liber 3, Tit. 4, L. 18. * Con. Tol. 9 (65.5), c. 10. Harduin, 3, 975. * Theodorus (642-649) nations Grecus, ex patre Theodoro episcopo . . . Liber Pontificali.s, ed. Duchesne 1, 331. For similar instances dating from the fourth century, lb. 227, 252, 287, 290, 319. * Fuero Juzgo, Liber 5, Tit. 1, L. 2. ' Pelagius I. Ep. Cethego patricio. Pat. Lt. 69, 414. 17 The energetic and relentless spirit with which Gregorj'^ the Great began his task of improving ecclesiastical morality makes manifest his opinion that only the utmost severity would avail to correct the existing evils. He declared that if once a clerk lapsed from virtue he was to be irrevocably de- graded to the status of a layman. ^ Gregory also included sub- deacons in the law of absolute continence;^ but he expressly permitted the married clergy of all ranks to dwell in the same houses with their wives. ^ Aside from the contumacy of the clergy in continuing marital relations, contemporaneous writings make it evident that many of the clergy were morally degraded. Salvianus, a priest of Marseilles, living in the fifth centurj', includes the clergy in his fierce strictures upon the wickedness which sur- rounded him.* Pclagius II permitted the ordination of a deacon who acknowledged that he had had children by a con- cubine after his wife's death; and although this fact itself is no unimportant index of clerical ideals, the excuse which Pelagius offers for his act is perhaps the worst indictment of the period and the church which he could have uttered.^ As the councils of other countries found necessary a constant repetition of canons directed against all forms of disobedience in the matter of marriage, from a continuance of Tiiarital relations to resi- dence of strange women, it is evident tliat somewhat siinilar conditions prevailed generally. ' (JrcKorii Fp. Lil.er ."5, Kp. 3, Pat. Lt. 77, 724. Liber H, Kp. 2 t, II). 027. ' Gregorii Ep. Liljcr 1, Ei)., 41. lb. 505-5UG. • . . . hoc tantumodo adiecto, ut hi, sicut canonica decrevit auctoritaa, uxores quas caste debent regere, non relinquant. Gregorii Ep. Liber 9, Ep. 60. lb. 997. • Salvianus, De Gubematione Dei, Liber 6, cap. 12. Pat. Lt. 63, 122. • Et quarnvis niulta sint qusc in hujasmodi cawibus obscrvari jubeat 8ul)tili- tati.s auct<^iritjus, tarnen cjuia dffuctiiH tcinponini no.stroruin, quibiiH ikhi Hobitii merita, sed corpora ipsa hoiiiinutn dcfeccrunt, di.strictioni.s illiu.-j non patitur in omnibus manorc cen.surain, ct ir-tas i.stiu8 de quo agitur, futura; incontinentiie suspicionem auffere dignoscitur, ut diaconatus po8.sit ordinem provehi, tempo- rum conde.scendentes, ut dictum est, defectui, concesaisse nos novoriH. Pcla- gius II, Ep. 14. Pat. Lt. 72, 747-748. 18 The clergy of England was partly a celibate clergy owing to the custom of choosing some of its members from the Monastic Orders, but among those not so chosen marriage must have prevailed to some extent, for it receives notice in the peniten- tials of Theodore, Archbishop of Canterbury (668-690) and Egbert, Archbishop of York (735-766). ^ Their statements do not warrant any conclusions concerning the extent to which it was practiced, however. The condition of the Prankish clergy in the first half of the eighth century, as described by St. Boniface, was similar to that in Spain. Boniface was unsparing in his denunciations of their depravity, ^ and found association with them so abhor- rent that he wrote to Gregory II, asking if he should continue to eat with them, or even to speak with them.'* In a letter to Egbert, Archbishop of York, he declared that he was com- pelled to restore adulterous priests to their positions, because if all the guilty ones were punished as the canons demanded, there would be no one to administer baptism and perform the other rites of the church.* In Austrasia, Karlmann directed a severe blow at the licentious priests. He issued an edict to the effect that priests, monks and nuns guilty of adultery were to be flogged, and imprisoned for two years on bread and water, the punishment to be increased at the discretion of the bishop. 1 Poenitentiale Theodori, Lib. 1, cap. 9, § 4. Poenitentiale Egberti, cap. 4, § 7. Haddan & Stubbs 3, 185, 420. ' Si invenero inter illos, diaconos quos nominant, qui, a pueritia sua semper in stupris, semper in adulteriis et in omnibus semper spurcitiis vitam ducentes, sub tali testimonio venerunt ad diaconatum et modo in diaconatu, concubinas quattuor vel quinque vel plures noctu in lecto habentes, evangelium tamen legere et diaconos se nominare nee erubescunt nee metuunt et sic, in talibus incestis ad ordinem presbiteratus venientes, in hisdem peccatis perdurantes et peccata peccatis adiicientes, presibteratus officio fungentes, dicunt, se pro populo posse intercedere, et sacras oblationes offere, novissime, quo peius est, sub talibus testimoniis, per gradus singulos ascendentes, ordinantur et nomi- nantur episcopi. Bonifacii Ep. Ep. 50. Epistolaj Merowingici et Karolini Aevi (M. G. H.), 1, 300. • Bonifacii Ep. Ep. 26. lb. 277. • Bonifacii Ep. Ep. 91. lb. 377. 19 In his efforts to suppress clerical marriage he showed far less vigor and confined himself to the prohibition, without penalties, that priests should not dwell with women. Wives are not specified, but seem to be included in the prohibition. ^ Nor was the capitulary of Pippin for the discipline of the Neustrian clergy severe. He simply decreed, without penalty for dis- obedience, that no priest should dwell with a woman unless it be his mother, sister, or niece. ^ IMam?^ of the clergy resisted these measures, and seeing in Boniface the in.stigator of the hated legislation, attempted to drive him from Austrasia by persecution, and resisted with violence the execution of the law.^ A capitulary of Louis the Pious fixing the punishment of priests guilty of rape and the enactment b}'^ several councils of canons forbidding the clergy to dwell with their mothers or sisters shows of what crimes they were sus])cctcd.^ The tenth centurj^ saw no change in the matter of clerical ' Karlmanni Principis Capit. (742), c. 6. Capitula Regum Francorum (M. G. H.), 1, 25-26. ' Pippini Capit. Sue.ss. (744), c. 8. lb. 30. • S. Bonifatii Ep. 80. Epistola) Merowingici et Carolini Aevi (.M. (J. 11.), 1. 358. Ep. 59, 317. * Ludov. Pii Capit. Eccles. (818, 819). Capit. Regum Franc. (M. G. H.), 1, 278. At first glance it might seem that provisions Hkc tho,sc just referred to were the result of an overcautious desire to avoid possihility of evil, l)ut the sub- joined canons show that they were made necessary by existing rrime. . . . tamen, fpiod multum doiciidum est, sirpc aiidivimus, per illfini ronees- sionem (of residence with female relatives) plurima .seelera e.sse commissa, ila ut quidam sacerdotum cum propriis sororibus concumbentes, filios ex els gen- erassent. Et idcirco constituit hire sancta synodus, ut nulhis presbyter tilliim femiriam serum in domo propria f)ermittal. i|U;i(enus oecasio iiuil.e .suspicionis vel facti ini(iui penitus aiifcl)ant) hiicoruni more uxorcs ducere, suHCcpto.sfjuc filios hiiredes testamento rehnquiTe; iionulh etiam episcoponim verecundia omni contcmpta. cnin uxorih\i» domo simiil m una hahitare. Victoris III, DialoRi, Lil.cr 3. Pat. Lt. ]W, lOOJ um. 'Joannes Monachus, Vit;i P. I );inii;irii, rap. 16. Pat. ]A. 14 I, I'-i-i. 22 while urginfi; his priests to shun the pestifenms society of women, gives them by imphcation permission to marry by the injunction that if they could not attain perfection, they should at least guard with care the bonds of marriage. ^ In England, it was customarj'^ for the members of the clergy to marry and in some cases polygam}'^ was practiced. ^ Such lenience on the part of those in authority, however, was soon superseded by harsh severity. The year 1049 saw the beginning of a crusade against the married clergy which was to end in their subjugation. Its principal instigator was the hermit, Peter Damiani. His desire for ecclesiastical purity amounted to a fanaticism which stopped at no sacrifice of self, or punishment for the guilty. During the short pontificates of Clement II and Damasus II little had been done to force the clergv' to respect the canonical obligations concerning marriage. But with the elevation of Leo IX to the Papacy, and the ex- hortations and revelations of Damiani, supported perhaps by the influence of Hildebrand, there began a vigorous struggle for reformation. The Sjmod of Mainz (1049) held by Leo IX, in cooperation with Henr}?^ Ill, forbade marriage and imposed severe penalties for disobedience. ^ A council at Rome decreed that the wives of the clergy' should be attached as slaves to the Lateran Palace, and all the bishops of the church were urged to inflict the same pimishment upon the wives of priests. "* Stephen IX held several councils for the express purpose of eradicating the evil of clerical marriage.^ Nicholas II realized that it was not a repetition of prohibi- tions which was needed, but new measures of coercion. The customary penalties of degradation from office and expulsion from the ranks of the clergy having failed of success, the ' Adam Bremen-sis Gesta Pontificum Hammaburgensis Ecclesiae, Liber 3, cap. 29. Pat Lt. 146, 580. ' Harduin VI, Pt. 1, 771 sqq. ' Adam. Brem. Tjesta Pont. Hamm. Liber 3, cap. 29. Pat. Lt. 146, 580. * Peter Damiani, Di.ssert. 2, Opusc. 18, cap. 7. Pat. Lt. 145, 411. * Chronicon Monast. Casin. Liber 2, cap. 97. Script. Rer. Ital, Muratori 4, 409. 23 Council of Rome {1059), stimulated bj' the reforming spirit' of the eleventh centurj^ decreed that no one should attend mass when said b}' a married priest. ^ Tliis canon possesses an unusual importance and interest, for it seemed to question the doctrine that the sacraments were efficacious in polluted hands, and contravened the long-established custom of excluding the laity from participation in clerical discipline.- Its wide departure from the doctrines and tradition of the church prove the determination of the Papacy to earn*' its point and the stub- bornness with which the clergj' resisted. All these efforts were evidently ineffective, for Nicholas II found it necessary to repeat the decrees, and his words indicate that the clergy had ignored them. ^ In the struggle to retain their wives the clergy did not offer merely a passive resistance, but resorted to argument in sup- port of their position.* One learned and clear-sighted eccles- iastic of unknown name wrote a vigorous and cogent defense of clerical marriage, in which he exposed the hyjjocrisy of the clergj', and unhesitatinglj' i)rescribcd wedlock as the only remedy for their debased morals.^ The upper clerg>', whom he declares were stained by the vilest crimes,^ were the parti- ' Ut millas MLssam audiat presbyteri, quern scit conciihinatn indubitantcr habere, aut subintroductam niulierem. Con. Rom. (lOfjO), c. .'i. Ilanlu'm, ("», Pt. 1, 1062. ' See I.ca, p. 203, note 2. ^ Decretalcs .Nicolai Papir, c. 3, 4. naluzius ct Manai, 2, 118-119. ♦ Petri Damiani Ep. Liber 5, Ep. 13. I'at. Lt. 141, 303. * Hie e.st autem, ni diliKontur iri.spiritiir, tociiiH «'nriiin iiumiimluH /.iznniir, tociu.s convcntus inHania-, ut diiin clcrici iicita unius u.xoris roujugia, acilirot uniu.s inulieri.s con.sortia, pharisaico devicti, (juod absit! furore relinquere cor- antur, forriicatorea et adulteri et aliaruni pravitatuni turpinHiini niinisfri rum ipsis effiriantur. Pw-udo-TTdalrici Kp, I,il). <1<- I/ite (M. d. H.), 1. J.S't'JCO. • Quid vern pro hominibu.s fieri i)ote.st .stoiidius, Alexander II., Ep. 125. Pat. Lt. 146, 1407. lb. Ep. 118. lb. 1405-1406. Ep. 13.3. lb. 1410. ' Jaff6, Bibliotheca Rerum Germanicarum, 2, 174-175. 27 policy. Such a supremacy' in the temporal world was a logical deduction from the Papal supremacy in the spiritual world. Gregory's purpose in seeking to realize this dream was a noble one; it was not to satisfy a greed for power, but to ameliorate the condition of mankind by the wise and beneficent rule of a divinely appointed sovereign, who feared no earthly magnate, who acted onty from the purest motives, who would combat all evils, and rectify all wrongs upon the widest principles of justice. As spiritual chief of the world it was necessary that the Pope should have for his agents a body of men without local attach- ments and without personal interests to which they might sacrifice the welfare of the church. It was necessarj^ that their powers should be devoted exclusively to the defence and aggrandizement of this great ecclesiastical institution. To create a body of men with such singleness of purpose, it was also necessarj^ besides cutting off all personal interests, to distinguish them sharply from the people they were to rule. The indelible spiritual attributes conferred at ordination accom- plished this to some degree, but celibacy was a much more obvious and striking distinction than the invisible spiritual change which ordination was said to effect. The enforcement of the rule of continence would thus accomplish two imi)()rtant purposes: it would deprive the clergj^ of the cares, ambitions and interests which the rearing of a family involve, and it would isolate them from their fellow men. (Xbcr motives no doubt influenced Gregory. Being a monk, he was saturated with monastic ideals, and motives of pure asceticism were probably combined with those of pajjal sujjremacy. Immediately after his election Gregory- began the task in which all his predecessors had failed. He recognized that no new canons were needed, but rather a vigorous ai»i)Hcation of the si)ur to the lagging bishops. Numerous synods were con- voked to act upon the matter of c Uri< al marriage and care was taken that all ecclesiastics should bi- infomud of ilieir decrees.' The canon of ros<) prohibiting attendance at mass ' Lamberti HerafeldenaLs Annalea (ann. 1074), Script. (M. G. U.), 5, 217-18. 28 when read by a married priest was re-enacted/ the Council of Poitiers threatening the disobedient with excommunica- tion. ^ Gregory appealed to temporal rulers to aid him. In a letter directed to Rudolph, Duke of Swabia, and Bertolph, Duke of Carinthia, he exhorted and admonished them not to sanction the installation of any married ecclesiastic, and urged them to use force, if necessary, to prevent such men from officiating.^ Similiar exhortations were addressed to other princes. But the measures to which he next resorted to compel the refractory clergy to obey, made those of the past seem con- servative. In a letter addressed to the clergy and laymen of Germanj^ he stated that certain bishops and priests of that countrj^ had taken wives, and that all inferior clergy and lay- men were released from obedience to such spiritual leaders.^ As clerical marriage was general throughout Germany,^ and as I ecclesiastical influence and the penalties of the church were then among the most effective restraints upon disorder, this permission gave to the lawless and turbulent elements of the population a most dangerous license. It was a destruction of the most potent force then on the side of legal order, and a dissolution of the ties most venerated by the people of that age. It was a violation of the most ancient traditions of the church, a lilow at religion itself, for there was then no other spiritual guidance and authority than that of the clergy of the Roman Church. To release the people from obedience to the ' Con. Rom. (1074) c. 17. Harduin, 6, Pt. 1, 1542. » Ck)n. Pict. (1078), c. 9. lb. 1576. » Gregorii VII., Ep. Liber 2, Ep. 45; JafTe, 2, 158. * JafF6 Bib. Rer. Ger. 2, 532. The canon of the Council of Rome (1059), forbidding attendance at the masses of married priests was essentially the same as this, ijut as the release from obedience was not explicit and the canon ignored, its full significance was not seen. ' Nunc videndum, unde hsec nefanda consuetudo usquequaque inoleverit, quod quasi licentes passim uxores duxerint. De Offendiculo Honorii Augus- todunensis Presbyteri et Scholastici, cap. 27. Lib. de Lite (M. G. H.), 3, 46. See also lb. 49, 50. 29 clerg3' was a daring measure and the more daring because it was opposed by even Gregory's supporters. His former decretals had called forth an uproar of protestation and oppo- sition from all the married clergy of western Europe. They defended themselves with the assertion that the church form- erly pennitted the ordination of married men;^ they declared that the man was a heretic who forgot the words of Christ that continence was not for all, and the counsel of the Apostle, who recommended that those should marr^' who could not restrain themselves. They accused him of violently compelling men to live as angels, and, by denj'ing the demands of nature, of giving rein to adultery and all lands of uncleanness. They declared that they would surrender their offices rather than their wives. 2 In the polemical literature which the measures of Gregory called forth the cause of the married clergy was worthily de- fended by champions who possessed learning and acumen and had the welfare of the church at heart. The twofold basis of their defence was that celibacy was not prescribed in the Old Testament, the Gospels, or Epistles; ^ on the contrary-, that marriage was expressly recommended; and that celibacj' was the undoubted cause of crime and moral degradation among the clcrg>'. As they were accjuaintcd with tiic storj* of Pajthnu- tius and the efforts of the advocates of celibacy to have the Council of Nica^a enact a canon prescribing the nile of contin- ' Petri D.'uniarii OpiiHciiIa 18, Diss. 2, cap. 3. Pat. [.t. lir.. 102. ' AdvcrHU.s hoc dccrctuni protimm vcliomciitcr irifrcimiit Iota factio clori- corum; horninom plane hereticum ct vesani (loRmatis eusc claniitanf, qui olilitns sermoiiis Domini qno ait; "Non omncs capiunt Iioc vcrhinn; (pii potcht cnpcrc, capiat," (!t ApoHtoIu.s; "Qui sn non oontinct, nul)at; niolius CHt oniin nuln're quam uri;" violcnta exactionc lioiniiics vivcrn cogcrct ritii anKclonini, vl cl»nn consuetum cursum naturae neKnrct, fornicationi et immiindifiji* frona laxarot; quod .si posfrcrc.t .sententiam confirniarr', nialli- hc HarcTdoliuni quniii runjuj^iuui de-seroro, ot tunc vi.Huruin •■uin mi hnniincs HordfTcnt. undc KulicmandiH |kt ecclcsiam Dei plehilm.s anpclos cornparaturuH e.s.set. Iiainl)crti HerHfcldonsis Annales (ann. 1074), Script. (M. G. H.) 6, 218. ' Tractatus pro cliTiconiin ronriutiio. ].\\>. de T/it<' (M. (i. 11.), 3, 58S. Tractatu.i Eljorac lb. GIG, G17-G1S. 30 ence, its failure to do so was made the basis of a claim that clerical marriage was still canonical. ^ The imiumerable mar- riages of priests were cited as precedents in support of this contention, and the repeated promotion of the sons of priests to the episcopal office was adduced, apparently to prove that in the past the offspring of clerical marriages had not been regarded with disfavor by the church authorities. 2 The replies of the partisans of Gregory consisted largely of numerous citations from Augustine, Jerome, Gregory the Great and others of the church fathers, along with those Papal decretals and canons in which a continuance of marriage relations after ordination was forbidden. To the argument that since mar- riage was permitted by the old dispensation to the Hebrew priests and had not been forbidden by any law of the New Testament, and was therefore permissible for the priests of the church of Christ, they replied that the Levites were allowed to marry because only the members of that tribe could serve as priests, and that its perpetuation was therefore necessary. ^ They declared that the advice of St. Paul 'that each man have his own wife and each woman her own husband,' was intended only for those who could marry canonically, not for those who had taken a vow of chastity.^ The reason for celibacy which was most often presented, and which no doubt had much weight with a large number of the clergy, was that those who officiated at the altar and sacrificed the body of Christ should not indulge in carnal pleasures. ^ This incompatibility which » Cameracen, et Noviomen. Clericorum Ep., Lib. de Lite (M. G. H.) 3, 575- ' Possemus innumerabiles clericorum filios ab antiquis patribus ecclesiasti- corum ordinum et honorem dignitatibus sublimates adicere. Possemus et viventes adhuc episcopos de clericis, immo de presbyteris, in Italia, in Gallia, in Normaiiiiia ab ipso papa intronizari concessos aut et ordinatos ostendere .... Tract, pro. cleric, connubio. lb. 595. * Libellus Honorii Aug. lb. 29 sqq. Apologeticus Bemaldi, lb. 2, 73. * Apologeticus. lb. 72-73. * Xon est enim congruum camali copulae servire et Christi hostiam cum an- gelo immolare. Lib. Honorii Aug. I^ib. de Lit« (M. G. H.), 3, 35. Quis igitur sanaj mentis pra-dictas apostoli sententias de exercendo conjugali 31 was asserted to exist between marital and religious duties received copious illustration from the events of the Old Testa- ment. In the passage of Exodus (19, 14) stating that "IMoses went down from the mount unto the people and sanctified the people," the word sanctified was construed to mean that the men had abstained from their wives for three da^'s, the warrant for this interpretation being the statement that, on his return, "Moses commanded the people that thej'^ should be ready against the third day and come not at their wives." Generaliz- ing from this instance, it was maintained that the word sancti- fied, wherever used in the Old Testament, signified abstinence from women. ^ It was argued that if those who approached the mountain in which an angel appeared were thus sanctified, much the more should he be sanctified, who, in the service of the altar, daily approached the Lord of angels. 2 But in spite of the resistance of the married clerg>' Gregory' persisted, and as a last means of coercion, annihilated their authority over the people. The result is described by a con- temporary, a friend of Gregory's reforms. The ministrations of married priests were refused by the laity, with the conse- quence that all offices of the church were frc(iucntly susi)ended. Some of the priests were driven from their homes and died of starvation, others suffered the most huniiliatiug outrages. The destruction of the moral force of the clergj' was followed in many places by crime, heresy and disorder.^ opnre .sacerdotihus a-scrihiit, qiioniin roffidiamiin o.st, ofriciuni lum modiim orarc, scd et . 3, KJ. ' II.. 1.3-U. For similar arKUiTienta see ApoIoKcticUHBornaMi. Il>.2.72«q. ' Q(ii.s eniin catholicus in tanta niatri.s crrhvsia- p«>rturl>a»inin- iioii d.ilral? Qui.s chri.stianu.s in tam indiRna chriHtianifaf i.s conrnlr.alioni'. Hi (|iia hal)cat, vi.sera mi.serationi.s noti fxcrat? Qii.'i- autvm ad bar dr-llcnda [p««rturl>atio sit, nuUus sexus, nulla conditio, nulla fortuna, nulla pot^-.st ipnorarc reiiKio. (^ui.l enim aliiirl etiam muliorrularum tf xtrina ri (ipifiniin nfTirinip jam ultiquo jkt- sonant, quam totiu.s humaniu societatia jura confusa, chriHiiana- Hunclitatin ^ 32 The untiring energy and indomitable will which could resort to such doubtful measures left an impress upon the public mind of Europe, and although Gregory' did not fully accom- plish his purpose, he was recognized as the most successful champion of sacerdotal celibacy which the church had yet statuta convulsa, popularis status subitam immutationem, ecclesiastic! decoris impiani delirationem, novas in dominos perfidias servorum, omnimodas in servos suspiciones dominoruni, infidissimas sodalium proditiones, dolosas in ordinatam a Deo potestatem machinationes, amicitiam ledi, fidem negligi, et impudentiori malitia; licentiaimperia, et christians religioni contraria dogmata induci, etquod misserimum est, omnia htec portenta eorum, qui christianitatis duces vocantur, vel permissione concedi, vel consensu fulciri, vel auctoritate ro- borari. Plebius error quam semper qujEsivit, opportunitate adepts usque ad furoris sui satietatem iniuncta sibi, ut ait, in clericorum contumelias obedientia crudeliter abutitur. Hi publici illusionibus adducti quocunque prodeunt clamores insultantium, digitos ostendentium, colaphos pulsantium proferunt. Alii, injustis proscriptionibus rebus sic ammissis prsesentiam eorum, inter quos modo honesti et clari erant, ferre non valentes, egeni et pauperes profugiunt. Alii membris mutilati non satis discretam pro lapsu suo sentenitia ad evidens tam prudentium correctorum testimonium per omnium era circumferunt. Alii post longos cruciatus superbe necati sanguinis sui vindictam de justi et omnipotentis defensoris manu incessanter expetunt. Quidam ob infirmatatis sua; consuetudine, non pii s et ecclesiasticis ammonitionibus devocati, sed tyrannicse violentise impetu non parumper absterriti, duplicato periculo ad illam quotidie redeunt. Illi autem, laicos dico, quibus amministris tam ordinata agi placuit capitula, sua auctoritate defendentes vesaniam, nihil est quod contra propositum christianitatis non audeant, ecclesise mysteria contemnere, parvulos suos lavacro salutari fraudare, ipsi absque humili peccatorum confessione etsolemni ecclesise viatico migrare religiosum deputant sibi ad peccatorum redemptionem sufficere arbitrantes, si commissum sibi in pastores suos saeviendi officium strenue adimpleant. Sigberti Gemblacensis Apologia. Lib. de Lite (M. G. H.), 2, 438-39. Another observer thus describes the effect of Gregory's measures. Legem enim illam ad scandalum in a?cclesia mittendum tartaro voemente prolatam neglegentia, aiunt, excepit, stultitia promulgavit, amentia roborare contendit; per quam pax ajcclesiae convulsa, tranquillitas populi Dei sublata, pulcherrima fficclesiastici ordinis distinctio confusa, fides concussa, tota denique magni patrisfamilias domus sedibus disiectis, tricliniis tran-smutatis, vasis transpo- sitis, omnino inordinata et confusa. Theodericus Virdunensis Episcopus Hilthebrando Papse. Lib. de Lite 1, 288 For another account of the lawlessness of the people at this time, see Sig- berti Chronicon (ann. 1074), Script. (M. G. H.), 6, 363. 33 seen.^ The result of his vigor and persistence was this: ceH- bacy was generally recognized by ecclesiastical authorities to be a canonical obligation, and it was more successfully enforced than at anj' time hitherto. The indifference of national or local synods was overcome and the bishops of southern and western Europe, save a small number in Germany for the time being, imposed the rule upon their clerg>\ But those indivi- duals whom necessity forced into obedience for the time being relapsed as soon as the pressure was withdravra, and the Papacy abated its assiduity. The next thirty-five years were filled with efforts like those of the past to compel the obdurate clergy to obey; but until 1 1 23 no new penalties were imposed and no new principles introduced into the legislation upon the subject. The Lateran Council of that year, however, declared dissolved all marriages contracted after ordination. 2 Prior to this time the sanctity of marriage had been respected and its vows considered super- ior to all others. The canons had permitted the surrender of either wife or office, the choice being left to the individual. Nevertheless, if the former alternative were chosen, the i)ersons concerned were considered to Ije still bound by the marriage vows, and as has been already observed, the wife was s(»me- times compelled to enter a nunnery- in order to make their vioki- tion impossible. 3 But this canon made the obHgations of holy orders suj)erior to all others. It was a result of the rapidly developing doctrine that the characteristics of the priest were indelible, that the powers and obligations assumed at ordina- ' Cuius prudentia non solum in Italia, sed etium in riiout/)nicis purtibuH r«- frenata est sacerdotum incontinentia; scilicet quod pni'di'cessorcs ejus in Italia prohihuerunt, hoc ip.se in aliis :iT!(«Hi:i' rutholicc' jwrtiLiiH proliil.cr.i studio.sus att^-niptavit. Hnrtholdi AmmleH (arm. 1073) Script. (.M. (J. M.), 5, 270. Sec al.so, OttonLs Kri.sinKfiiHi.s Chmnicon Lihcr 6, rap. 34. lb. 20, 246. ' Pre-sbyteris, diaconibus, subdiaconibus, et monarhis, ronrubinrw habere, eeu matrimonia rontriihcre, peiiitns iiiterdirimtiH; rontrarta cUKupir matri- monia ab hujuHmodi persdiiiH diHJiinKi, et jxTsoiifu^ ad p Extrav. Joh., 22, Tit., 6, cap. un. 36 But while Papal and synodal legislation left nothing to be desired in definite enactment and severity of penalties, it was generally disregarded throughout Christendom during the twelfth centur>\ The determined efforts of Gregory VII, Urban II and Alexander II, had been without lasting effect upon the lives of the clergy, though their efforts contributed much to the measure of success which Innocent III enjoyed. As Germany was separated from the Papacy by the schism which originated in the contest between Henry IV and Gregory VII, it was not to be expected that the Papal decrees would be obeyed there, and although the action of the Council of Guas- tella (1106) 1 again subjected Germany to Papal legislation, marriage continued. ^ In France the clergy were equally stubborn in their refusal to surrender their wives, and some even disregarded the laws against bigamy.^ The legislation of the early twelfth century in Spain shows that the decrees of Gregory VII had not found more than partial obedience^ and the church having failed to enforce its laws, the secular authority interposed, punishing the guilty priests with deprivation of benefice and suspension from office, and their wives and children with slavery.^ The chroniclers of events in England during the late eleventh > Annalista Saxoni. (ann. 1 106), Script. (M. G. H. ) 6, 745. For Council of Guastella, Harduin, 6, P. 2, 1883. ' Non erubescant sacerdotes uxores ducere, palam nuptias faciebant, nefan- da matrimonia contrahebant .... Brunonis Episcopi Libellus. Lib. de Lite, 2, 546-547. See also, Gerhohi Tractatus adversus Simoniacos, c. 2. Pat. Lt. 194, 1338. Gerhohi Comment, in Psalm. 64, c.49. lb. 39-40. ' . . . Ivonis Carnotensis Episcopus Ep. ad Daimbertum; Ep. 200. Pat. Lt- 162, 207. Ep. 277, lb. 279. Paschal II referred thus to France: Gravem valde rem ex partibus vestris audivimus, quia post tanta sanctorum decreta pontificum, post interdicta conciliorum, clericalis ordinis viri qui audent, publice; qui non audent, occulte mulieribus sociantur. Paschalis II Ep. Ep. 415, Pat. Lt. 163, 369. * Concubina; clericorum manifeste ejiciantur. Con. Pal. (1129), c. 5. Har- duin, 6, P. 2, 2053. See also, Paschalis, II, Ep. 10. Mansi, 20, 1001. » Las Siete Partidas, P. 1, Tit. 6,1, 41 T. 1, 141. 37 and early twelfth centuries describe the Anglo-Saxon clergj^' as hopelessly sunken in sensual pleasures. ^ The first vigorous efforts for reform after Gregorj^ VII were opposed on the ground that to deny the privilege of marriage to the clergy would result in offenses infinitely worse. ^ The exertions of Anselm (1102) were without result,^ and Honorius II sent John of Crema to England (1126) to stamp out the opposition there* He accomplished nothing, and Henr>^ I (1129). who emploj^ed threats of reform as a means of extorting monej' from the offending priests, likewise failed. ^ The close of the twelftli centurj^ apparently saw no imjirovement, for sacerdotal mar- riage was common during the reign of John, and continued to be practiced to some degree until the middle of the thirteenth century.® In Ireland there was a relaxation of all ecclesiastical disci- pline by the first quarter of the twelfth centurj^ and clerical marriage with the hereditary transmission of benefices was general.'^ A partial reform was acc()mi)lished, l)ut in the second half of the centur^^ the English invaders brought with them their married priests whose customs were (piicklj- imitated bj' ' Optimates, pulip ft vcneri dediti, occlcsiaiii more chrisliniio iiiiiiie iion adibant; sed in cubiculo, et inter uxorio.s uiii|)li'xu.s, iiiatuliniinini solK'nijinia et ini.ssanjm a festinante presbytero auribus tantuni libalmnt. Do (lestis Uor- num Anglorum, Guillelmu.s Malrnsljeriensis, Lil). 3, ^245. Ronini Hritanni- carum Mcdii Aovii Scriptorcs, <»0, I*t. 2, .'ini-JiO.'). Sec mIho ( )rd-246. ' Anglo-Saxon Chronicle, Ann. llj't l!ntum iri ha-redifaria Hucccfwionc. Noc enim pat ip- bantur episcopari, ni.si' qui cs-sent de tribu et familia Hua. Nor paniin pro- ces.serat ex.secranda snccessio, decursi.M jam in har malitia (jujwi general ionibun quindecim. Bernardi Vita S. Malachia', cap. 10. Tat. Lt. 182, lOSfl. dFif^OR:^ 38 the Irish clergj^ in those portions of the island where the two races were in contact.^ This centurj^ found marriage yet prevalent among the bishops of Denmark, and so probably among the lower clergy also. 2 Calixtus II was the first Pope to turn attention to this comer of Europe, and the Council of Rheims (ll20) decreed that the Danish clergy should give up their wives. ^ The clergy of the Scandinavian peninsula were undisturbed as yet, for not until the thirteenth century did the councils of Norway and Sweden introduce the Papal legislation concerning marriage.^ In Hungary the ecclesiastical laws of King Coloman, dating from the first decade of the twelfth century, contain the first definite prohibition of clerical marriage. They forbid married priests and deacons to officiate at the altar unless, the wife consenting and vowing chastity, they be forever separated.^ Coloman's laws were without more than temporary effect, however. In Poland marriage had continued without restric- tion until the verj^ end of the twelfth century, but the Papal legate, Peter of Capua, who then undertook a reformation, enjoj^ed considerable success in his efforts to enforce the canons. ^ The expected results of ecclesiastical marriage were not wanting. The sons of priests frequently succeeded their fathers; benefices became hereditary; the property of the church was portioned among the sons of the clergy. In Ireland hereditary succession was the rule,^ and as clerical marriage was usual in England, it probably prevailed there. ^ The ' Giraldus Cambrensis, de Rebua a se Gestis, Lib. 2, cap. 13. Rer. Brit. Med. Aev. Script. 21, 66. ' Pontoppidan, 1, 152. » lb. 1, 349. * lb. 1, 349. ' Alberici Compilatio Dccrctorum sub Colomanno Ilege, c. 42. P6terffy, 1, P. l,p. 50. • Harduin, 6, P. 2, 1937. Dlugossi Hiat. Poloniae, Lib. 6, T. 1, 575. ' See p. 36. « Con. Lond. (1237), c. 17. Harduin, 7, 297. 39 words of the Council of Rouen (1189) indicate that the sons of priests were often ordained to the benefices of their fathers ;i and in Spain the king found it necessarj^ to prohibit the same practice. In western Germany the clergj'^ frequentty por- tioned their sons from the property left in their care.^ Lucius III, upon his accession to the Papal chair (i 181), stated that he found hereditary succession to benefices claimed as a right. -^ The thirtj^-first canon of the Lateran Council held by Innocent III was directed against this custom, and the fact that this important assemblage considered that it demanded de- cisive action, proves that it must have been widespread.'* In the enforcement of celibacy, as in so manj' other parti- culars. Innocent III profited by the zeal and activity' of his predecessors, and with the Papal power at its zenith, was able to approach nearer than hitherto the ideal toward which they had long been struggling. The impetus which his vigor and energy gave to the movement culminated within a generation after his death in the promidgation in the most remote jiarts of Roman Catholic Christendom of the law of celiliacy. Coim- ' Con. Rot. (1189), c. 6. Harduin, 6, P. 2, 190.5. ' Ecclesirr; jure horoflitario a. filii.s .sacerdotum po.ssidontur. . . . Coujuf^ati sacro.s ordine.s capiunt ct honoficia ccclcsiiustica et coniuRcs coniiiriKUiitur. . . . . . . Nee res, quas acquirunt post ordines, ecclesiis sed lilieri-s suis relinquunt . . . . EmonisChronicon, aim. 1219. Script. (M. G. H.) 23, 491. Menkonis Chronlcon ann. 1271. lb. 559. ' Sane rclaf ionis vest rrr tenore coinpcrimus pravaiii ajxid vos, siih pnrdcccs- sorum vostronini ncpjliKcntia, consnctiidiiujin intrndiirtatii, (piod filii eonim, qui vestra8eccle.sia« tcnucrunt, ut . . . patrihusal) ipsi8antocos.s()ril»UH luwtriH confiniiationom do ohfinondis orcIc.'^ii.M, rousccuti, suli rfprclx-iisjltili nilliisidne volunt ipH.a.s ccclcHias jure HUCCcssioniH habere, et laliuiii rtinfirm.'ilioncm obtentu aliqua pensione retcnta, patres filios sibi constituerc HUccc8»orcH. Lurii III Ep. 88. In Pat. Lt. ati Lucii 11 Ep. 94. T. 179. 9.11. * Afl al)olpMdain poH.sirnarn, qurr in pleri.sque itioU-vit errlcHiiH r(>rru|)l<'Iam, firmitor prf)hil»einuH, ne rauoriiconini filii, inaxitne Hpiirii, ranotiiri liant in sa'cularibuH eccle.siis, in cpiibus instituti Hunt patres; . . . Con. Lnt. 4, c. 31 Harduin, 7, 43. 40 cils were held in Norwa3^^ Sweden, ^ Denmark ^ and Hungary ^ in which were enacted canons prohibiting marriage. As in the case of central and southwestern Europe, it cannot be positively determined whether or not they were obeyed; for the word concubine, generally used by contemporary histor- ians and chroniclers, was then ambiguous, being applied indifferently to wives and to illicit consorts; but it is certain that Innocent's watchfulness put an end to open defiance of the law, although evasions of every sort were employed.^ One result of these later more vigorous efforts to enforce the canons was an increase of sexual crimes among the clergy. The contemporary chronicles and the writings of both the friends and enemies of the church show that many of its minis- ters were guilty of habitual crime and that many others were sunk in depravity. Concubinage was the commone.st offence, and the councils of the thirteenth century repeatedly enacted prohibitions against it.^ The many references to the keeping of concubines so publicly as to cause scandal, leaves one in doubt whether the clergy at large were so shameless as actu- ally to keep mistresses openly, or whether these women had been secretly married to them. But the frequent mention of the fact that the woman was often maintained outside the dwellings of the ecclesiastics makes the former practice credible.'^ ' Pontoppidan, 1, 504. ' Innocentii III Regist. Lib., 16, Ep. 118. Pat. Lt. 216, 914. Con. Schen. (1248). Harduin, 7, 423. 3 Pontoppidan, 1, 349. Con. Brem. (1266). Hartzheim, 4, 580. * Synod. Pos. sub Carolo I. (1209) c. 5. Peterffy 1, P. 1, 140-141. * For action of the Lateran Council (1215), held by Innocent III, upon celi- bacy, see c. 14. Harduin, 31 7,. « For thirteenth century. Con. Lon. (1200), c. 10. Harduin, 6, P. 2, 1961. Constit. Gallonis (1208), c. 1. lb. 1975. Constit. Ricardi Poor Episc. (1217), c. 6. Harduin, 7, 90. Con. CJerm. (1225), c. 1. lb. 137. Con. Rot. (1231), c. 13. lb. 186. Con. Lon. (1237), c. 16. lb. 297. Con. Bit. (1246), c. 19, lb., 410. Con.Bitur. (1286),c.7. lb. 952. Con. Rot. (1299), c. 1. lb. 1202. ' Inhibemus etiam districtius, ne clerici in sacris ordinibus constituti, etiamsi beneficiati non fuerint, in propriis domibus, vel in alienis, publice focarias 41 This widespread disobedience among the clerg;^' of the thirteenth centurj' gave rise to many enactments directed against the consorts of ecclesiastics, whether wives or concu- bines, and against their children. The purpose of this legisla- tion was to prevent the clergj'' from maintaining or enriching their female companions and children with church propert}', and also to make the condition of a priest's family so humiliat- ing that women would be deterred from accepting such a position, and the clergj^ themselves from begetting offsjiring doomed to an ignominious social condition. Leo IX had en- slaved the wives of the Roman clergj', recommending that all bishops do likewise, and Urban 1 1 had pursued the same course, ^ but the zeal of the reformers of the eleventh centurj'- was lacking in the church of the thirteenth century and the councils habeant, unde scandalum oriatur, Con. Paris., (1212) c. 4. Harduin, 6, P. 2' 2001. Addentes, ne clerici beneficiati, vel in sacris ordinibus constituti, in hospitiis suis tenere publice concubinas prit.sumant, nee alil)i cum scand.'ilo accessum habeant a easdem. Con. Oxon., (1222), c. 34. Haniuin, 7, 122. See further. Con. Col., (1260), c. 1. lb. 518. Con. Vien (1267), c. 1. lb. 581. Con. Sen., (1279), c. 1. lb. 649. Con. Lon. (1268), c. 8. lb. 621. Syn. Oxon., (1287), c. 18. lb. 1093. The wrath of the church .-uifhoritio.s bcinR particularly directed against the ecclesiastica who dared "(Ittirurc pMirc con- cubinaa" seem.s almost like connivance with those who in their relations with women did not "jamam negligunl." See canons and references of above note; also, Con. Crad. (1296), c. 15, Mansi, 24, 1168. Synod. Col. (1280). c. 2. Harduin, 7, 821. Con. Her. (1287), c. 5. lb. 1133. To di.sobey the canons forbidding marriage was always more reprehensible in the eyes of the church than to maintain a concubine. . . . et (luod sacordofes fiant mariti, multo esse gravius peccafum quam si plurimius domi inerelrices alant. . . . Joannis Slcdaiii Conuiient. Lil). 4, p. 43, Hasilia-, 1656. And to maintain a concubine pul)Iicly was considered worse than to do bo secretly; the rea.son being, of coiirsr, that coiilimud pul>lic disubfdicnco was a defiance of ecclesiiustical authority which brought c(.iitriiipt upon tlio church. De cetcro quia St sopor pastoralis vit« vigilantium, quod gementes dicimus, opressise videtur in plurimis, prout testatur nimia de plerisque re- gionibus; damans christiani populi correptela, quae cum deberet ex sacerdo- talis antidoti curari medelis, invalescit, proh dolor, ex malorum contagione, quod procedit a clero, ita ut alicubi verum sit, quod ex Prophetica querela testatur; Factus est inquiens, sicut populus sic sacerdos. Malitiam namque dierum labentium, quae cum tempore corrupit et mores, dante quam plurimis ex impuniate audacia semper in deteriora proclivem infrenis licentia> liber- tatem, nonuUi clerici pra^cipiti lubricse voluptatis arbitrio laxas committentes habentem, post camis suae concupiscentias abierunt et relegata pcene penitus a conversatione vitae suaj clericalis mundicia-, honestate, tenent etiam in con- spectu populi concubinas, cum quibus impudica?, frontis irreverentiam induens foedas manus et fcetidas, quas sordidis libidinose coninquinationis fcetibus immiserunt, non erubescunt in suum periculum, et ruinam populi sacris ministeriis immisceri, a quibus ob pul)lici concubinatus insaniam quae nulla tergiversatione sceleris, vel secundum scita canonum, tam quoad se quam ad alios sunt suspensi, et ne quis talium Missam audire prajsumat, arctius in eorum contemptum Canonicaj auctoritatis constitutio interdicit. Chron. Aug. Ep. Alex. 4. Freher et Struve 1, 546. 45 Under Boniface VIII the legislation concerning celibacy was completed for the time being. He forbade the admission to minor orders of men who did not intend to proceed to major orders, which tended to prevent marriage among the former, ^ and mitigated the severity shown to clerks of the minor or- ders bj^ securing to them the canonical privileges of the clergy as long as thej' wore the tonsure and clerical vestments. - The history of the fourteenth century is a repetition of that of the thirteenth, repeated legislation, open or secret disobedi- ence, illicit indulgence, unmentionable sins. If the descrip- tions of the clergy upon which we must depend for information had proceeded from the enemies of the church, their authors might be liable to the charge of wilful exaggeration. But the fact that men of unquestioned orthodoxy and undoubted loyalty concur in their judgments of the morals of the hier- archy renders their testimony unimpeachable. When John Ruysbroch^ of the Netherlands, Matthew of Cracow,'* Benedict XII, 5 and many others unanimously declare that the clergy ' Corp. Jur. Canon. Sexti Decretales, Lib. 1, Tit. 9, cap. 4. » lb. Lib. 3, Tit. 2, cap. 1. Boniface VIII summed up in final form the rules concerning the effect of vows in preventing marriage. . . . prii'.sentis declarandum duximus oraculo .sanctionis, iUud solum votiim dol>cre dici Bolenne, quantum ad post contractum matrimonium diriiiiciuiiim, (juod solennisatum fucrit per susceptionem sacri ordinis, aut per professionem expressam vel tacitam, factam alicui de religionibua per scdem aposlolicaiu approhatis. Heliqua vcro vota, ct.si (luaiiJoque matrimonium imiu'diant contraheiidum, et (juanto manifcstius sunt cmissa, taiilo propter plurimum scandalum et exemplum durior pirnitentia transBrc.s.soril)US dcbcatur, uoii tamen rcscinderc possunt matrimonia post contracta. It>. I-il'. ''i lit- l-'>, cap. un. ' (iuam vcro probosum ac detcstandum est quosdam ex rclniH crrlesiu-sticis victitant€s, quos anima et corporc castos esse oporf<'l)at, |);il.im dnmi sua- proles ex se genitas alerc ac sustcntare, aU\w irido tamen noii solum tiullo nibore affiri, nuUo pudore .suffundi, sod etiam multum |)laciTe .sibi, imtiikIo ac si ex legitimi.s e;us uxoribus, susccperint. Joamiis Hu.sbrochii Opera, p. IfiO. * Concubinatus in clerico pui)lice et solcmniter cxercetur. Matthaei de Craco- via Episco. Vorm de Squal. Horn. Cur. cap. 2. Mon. Med. Aov. Walchi, T. 6, 8. » . . . in Hispania, ul)i multa liona et salubri.i ordiii.ivit, ronstitutionesquO fecit quam plurimas, pra'sertim contra concubinarios ucdeniaaticoa, qu" 46 maintained illicit relations with women, there is no reason to doubt their assertion, particularly as contemporary denials of it do not appear. The fifteenth century not onlj^' saw no improvement in ecclesiastical morality, but witnessed the failure to make reforms by the agency from which the best results were ex- pected, a General Council. That the efforts of the Council of Constance were fruitless was not due to any lack of conscious- ness of the needs of the church, but to jealousies which had their source in national antagonism, politics and the conflicting privi- leges of the orders of the hierarchy. Moreover as it was the very members of the council themselves who most needed reformation, there was little likelihood that vigorous and efficient measures would be adopted. The many sermons and addresses delivered at the council by churchmen from all parts of Europe deserve some credence as a picture of the clergy of that time. As in all periods since the canons had rendered them incapable of contracting a legal marriage, they dwelt with w^omen to whom they were bound by every marital tie save that of a formal marriage ceremony. ^ The effect of this practice upon their congregations was most pernicious, for it accustomed them to evil wath the invariable result.^ Other crimes were common, and the earnest church- protunc erant in illis partibus infiniti. Vitse Paparum Aven. Baluzius, Prima Vita Benedicti XII, T. 1, 204. Litterse Benedicti XII. Miscellan. Baluzius, P. 264. Gersonis Opera, T. 2, Append. * Et maxime obviandum esset illi scandalosissimaj consuetudini, seu potius corruptelaj, qua plure.s hodie non verentur tenere publico concubinas. Petri de Alliaco Card. Cam. Tract, de Reformatioiie. Gersonis Opera, 2, Append. 913. Crimen pra,'fatum (concubinage) in multis locis cum maximo catho- licorum scandalo, et in totius clericalis contemtura ordinis frequentatur. von der Hardt, 1, P. 10, 635. ' Cum propter crimen concubinatus, quo multi Ecclesiastici et religiosi viri insciuntur, habeantur Ecclesia Dei et totus clerus in derisum, abominationem et opprobrium cunctis gentibus; et illud nefandissimum scelus in Ecclesia Dei adeo invaluit, ut jam non credant christiani simplicem fornicationem esse peccatum mortale. Con. Paris. (1429) c. 23. Man.si, 23, 1107. 47 men bent upon reform were unsparing in their denunciations of their offending brethren. ^ Their misdeeds were so frequent and so unconcealed that the example set by them was generally accounted an evil influence upon their parishioners, and Nicholas of Clemangis reckoned non-residence a benefit to the people for this reason. ^ As in the past, ecclesiastical property' was seriously impaired by the extravagances of luxurious living and the bestowal of dowries and inheritances. ^ The moral condition of many of the clergy had long been so abhorrent to conscientious churchmen of pure lives, and so dangerous to those within the range of their influence, that the natural corrective was suggested by some ecclesiastics, and in some cases applied by the laity. In parts of western Europe clerical marriage was looked upon by them as a safeguard for the virtue of their wives and daughters, and as the only remedy for the flagitious lives of priests and prelates. In Spain the people compelled many of the clergy to take wives, and early ' Nunc multo magis dici possunt, quia ecclesia a malisa ad peiora processit et in omni tam spiritual! quain temporali statu abiecto decore virtutuin, in variain cecidit turpitudinem vitioruin. Auctoris Anon. Oratio. Mon. Med. Aev., Fasci. Sec. p. 155. Sed quain flagitiosum sit in viris ecclcsiastici.s et maxinie prelatis ad cult inn vinia; Domini conductis enarare non est facile, neque ego (juoniodo illos de- Bcribam, autcui monstro comparem, scio. Mon. Med. Aev., Fasc. Tert. p. 108. ' Sed quid eorum tantopere a suis sedibus absentiain accusaniua, cum per suam, si illic adessont, j)rii'sciitiatn vorisimiliu.s obcsse quain prodcs-so posscnt. . . . qui suo turpi exeniplo grcKein per devia aliducunt in pra-cipitiuni, . . . Nicolaus de Clemangis de Corrupto Ecclesia; Statu. Fasciculus Kerum Expetendarum ac Fiigiendarum. T. 2, Appen. p. 562. ' Postremo, (luirquid de l)f)nis ecclesijr cum (urpibus pcrsduis consuinunt sacerdotes et clerici. . . . Dionysius Curthusianus, Opera MiiKtra. T. 1, art. 21, 409. Vilis plebs te sacerdotum nunc cachinnis aUiue ludibriis incessit, et odit qui columniandi ansain ultm pni'bueris. Dicit iiamquc; 'Pot hir aut ille ftrorta domi sua' ex patrinumio Crucifixi nutrit, quo non sordida scoria, sed pauprres Christi forent .sustentandi. Fasc. Iter. Expet. ac Fug. fol 210. Paul III complained that the clergy of all Christendom thus \va.strd ecclesiastical y)ropcrty. Con. Aug. Wilkins. .3, ()05-iid dicam? Cum ipsa jam facta impudicam Prselatorum ac sacerdotum vitam apertissime clament. Nulli enim parcunt statui aut sexui feminarum, et sive virgines sint, sive moniales, sive seculares, aut alterius conditionis, indifferente sunt ad omnes. Theoderici Vrie Historia Con. Const., von der Hardt 1, P. 1, 69. ' Res tamen tam in aperto est, ut mirer quomodo unquam homini christiano persuaderi potuorit, nisi quod hi adeo aut bestiales sunt, ut non advertant, qualiter omni iinniunditia; laxat habenas, qui nuptias damnat; . . . Tolle de ecclesia honorabile connubium et torum immaculatum (Heb. 13, 4), nonne reples eam concubinariis, incestuosis, seminifluis, mollibus, masculorum concubitoribus, et omni denique genere immundorum Bernardi Sermones in Cantica. Ser. 66, §3. Pat. Lt. 183, 1095. 49 times, powerful opposition to celibac}^ which continued to the time of the Council of Trent and proceeded, not from those who desired relief from its restrictions, but from ecclesiastics, both secular and regular, who were moved to resistance solely by the terrible consequences to clergy and people which it entailed. According to Peter Comestor, the devil had never circumvented the church so successfully as when the vow of celibacy was introduced.^ Alexander III, horrified at the evil lives of the clergj' and the danger in which it placed the church, advocated a return to the custom of the Greek Church, and his proposal was supported by all but one of the members of his Curia whose opposition resulted in its rejection. ^ Aeneas Sylvius, who became Pope Pius II, recommended the same course and had the concurrence of other churchmen therein.^ Among them was the famous canonist, Nicholas Tudcschi, who urgued that since the results of the law of celibacy had not been to produce a more spiritual and unworldly clergy, but on the contrary', one stained Ijy illicit indulgence and the most grievous sins, it would be salutary for the church and in the interests of the salvation of souls, to decree that only those who desired to remain celibates should be allowed to take a vow of chastity. "* ' Giruldus Camhrensis Clenima Ecclesiiu, Dist. 2, cap. (i. Iter. Brit. Med. Aev. Script. 21, P. 2, 187. ' lb. ' Platina, De Vif.-i Pii II., 329. * Nichohus TudeHchi, Lectura. T. .3, Itiihr. dc; cler. coiiiuK., Super, caiioii cum olim. The opinion that the privile«e of marriage .should l)e extended U) the clergy was not uncommon among men high in the service of the rliurch. Item, circa coricubitiario.s providcatiir cum efTcctu, .-dia.s sic ncgiigendo pra-staret permittere coniugium cicrici.s. Franci.sri ZaKarcll.e Card. Flor. Capita . . . de Reformatione, cap. 12. von der Hanlt, I' '.I, .'>2». Quamvis.seniogravor, nequc mentcm haheo ad coniugiutn, Hancf iiiri tatnen arhitror, uxorcs rcstituis HacerdotihuH; quia nf)n est ()miiil)UH gratia Deicoii- ce8.sa, ut Icgi lumhorum re.siHtant, ut de Paulo lcgimu.«. I'lx) rart from a H|M'ech of the Cardinal of St. Peter at Bfisel. Milman. Hi.story of Latin ChriHtianity, 7, .W2. Alain de Charticr, Secretary of Charles VII of France, expre.s.se(l hiuiHcIf thu.s concerning celil)acy. Or fut il pieca fait ting nouuel statut en legliHo latine qui desscura lordre du sanct mariage dauec lu dignite dc preatrise aoubz 50 The chief jjiirpose of the Council of Basel was the reformation of these evils, but like the Council of Constance, it did nothing to make the existing legislation more effective, and simply passed anew the oft-repeated canons. ^ During the half century immediately following the Council, and in the opening decades of the sixteenth century, clerical morality continued unimproved, if the testimony of contemp- oraries is to be believed. 2 As in the past the priests were charged with corrupting the people both by example and by deliberate seduction. ^ The members of the hierarchy upon couleur de purete et chaste sans souilleur; mainteant court le statut de con- cul)inage au contraire et les a attraitz aux estatz raondains et aux delictz sensuelz et corporelz. Les Oeuvres d'Alain Chartier, Le Curial, p. 88. Que apporte la constitution de non marier les prestres sinon tourner, et euiter legitime generation pour conuertir en aduoultrie; et Ihoneste cohabitation dune seule epouse en multiplication de eschouldee luxure. lb. ' Con. Basil. Sess. 20. Harduin, 8, 1194. ' Hinc quosdam religiosos et sacerdotes ac clericos in sacris ordinibus consti- tutes, videmus multo incorrigibiliores et obstinatiores, carnaliores quam laicis ac mundanis hominibus. Dionysius Carthusianus. Opera minora. T. l,art. 18, 387. Porro quam multa atque enormia scelera, quam nocentissima scandala, quam lamentaliilis ac deflenda deformatio et ruina nascantur ex cohabitatione mulierum cum sacerdotibus atque canonicis, experimentaliter et ad oculum innotescit, ita ut iam a capite usque ad pedes quasi nulla sit sanitas, sicut Osee propheta praidixit, Fornicatio et adulterium inundaverunt. lb. art. 12, 461. See also art. 20, 21, 55, 408-409, 409-410, 503. Further, DiviLaurentii Justinian) Opera, cap. 16, 499, and Faac. Rer. Expet. ac Fug. p. 386. ^ SjBpenumero enim compertum est, ut quum ita consecratis, prsesertim sacerdotibus, per jura canonica legitimse uxores sunt interdicti; quod dehinc pudicitiam matronarum, virginum, laicorum scilicet uxorum, filiarum soror- umque attantant, ac noctu inter diuque sollicitant. EfTiciunt quoque per assiduum ac indefessum laborem, partim muneribus, donis ac blanditiis, ut complures honesttc alioque virgines ac matronie, partim etiam in secretis, qua.s vocant, confessionibus (id quod eventu ipso compertum est) diuturna opera labefactentur, ad peccata, offendiculaque commoveantur. Nee raro etiam evenit, ut ii, uxores ac filias, martiis patribusque detineant ac rem- orentur; minantes interim, gladio, acqua, ignive, ulteros repetitas uxores; Sacri Romani Imperii Principum ac Procerum Gravamina centum cap. 21. Goldast, Const. Imperiales, T. 1, 464. 51 whom depended the maintenance of disciphne were sometimes lax, and frequently, as had long been the custom, accepted bribes for allowing the priests to retain their wives or concu- bines.^ According to Trithemius, so many priests lived open- ly with women to whom they were bound by licit or illicit ties that they were beginning to view marriage as their right; and he states that if any bishop had wished to enforce obed- ience in his diocese, he would have been deterred bj'' the very multitude of offenders. ^ Those more enlightened and far-see- ing among the clergj^ who were able to inter] )rct the signs of the times and saw that revolution was coming, assign as one of its principal causes the flagitious lives of their depraved brethren. 3 Nulla sacerdotum luxu nunc casta puella est. . . Conradi Celtis Elegia Amorum, Vienna et Norimbergse 1502, Fol. 30. ' Quod pralati, prsesertim cpiscopi, innumeris atque magnis vitiis involvun- tur, qui peccata subditorum suorum non satis acriter ac frequenter corripiunt et castigant. Dion Carthus. cap. 31, p. 391. Jam illud obsecro quale est, quod plerisque in Diocesibus, rectores par- ochiaruin ex certo et conducto cum suis Pra'latis pretio, passim et publice concubinas tenent Nichlaus de Clemangis, de Corrupt. Eccles. Stat. Fasc. Rer. Expct et Fug. 2, .502. Quia vero in quilju.sdiim rcgionil)us nonulli jurisdictioncm ccclesiasticam habente.s, pccuniarios qiia'Stus a concubinariis perciperc non eruljcscunt, . . . Con. Ha.sil. Sess. 20, Harduin, 8, 1194. For further statements of the existence of this custom, see Dion, f.-irtlms. art. 19, lOS. Synod. l{ogia (1507). liatthyani 1, 508. Synod. Strig. I'rov. Pet.Tify 1, V. 1,212. (irnv. centum Ger. nationis. (1522), Fa.sc. Rer. Expet. ac Fug. cap. 91, f. 187. ' Adeo vitium hoc incontinentise in clero iam pnevaluit, ut (jujisi ctrperit e.s.so lififum, (\u\ii pu!)lirum est. Johannis Trithemii opera pia et spiritiialia. Moguntia-, 1001. Instil. Vita- sarcrdotiilis, ra|). I, 7()9. * Pico della Mirandol.i Iti a tr.icf, which was addressed to Leo X and the Latcran Council held by liim, (h;dared that iin intestine revolution coiiiil only be prevented l)y maintenance of disrii)line. He then proc(!C(is: Luxuin cohibe ruiuscimque ordinis, modum (xine ambitione, compesee indormitos, et effrenatos libidinis ob.sc(rna! furores, suspectis sacerdotum . . . contu- bernis frena constitue . . . Fasc. Her. Exjiet. ac Ftig. f. 209. See also Oratio habita in Synodo al) A. C. Lynniehano. lb. f. 217. .larobi Winipliel- ingii Apologia pro Hep. (Christ. Argentina?, 1605. cap. 1 1. Cardinal Campeggio, Papal legate to (iermany, referred thus to the opinion 52 Their predictions were soon fulfilled, but as the revolution had its source in the doctrinal disputes originated by Luther, the question of celibacy was not at first given a prominent place. By the summer of 1520, however, Luther had formed his opinion concerning celibacy for the secular clergy, and although still acknowledging the legality of monastic vows, denied that the church had the authority to demand a vow of chastity from priests. The arguments against celibacy which he adduced were those which had been used by its opponents for many centuries, namely, that celibacy was not enjoined by Christ, but was of human invention, and that it produced in- numerable evil results.^ During the years 1 521 -1523 the parish priests of Germany, conscious that the danger of punishment by the old ecclesias- tical authorities was lessening, and sure of the approval of their congregations, began to marry. 2 From this time the practice of clerical marriage accompanied the spread of the Revolution, save in England, where it was not definitely established and legahzed until 1559, about twenty-five years after the opening of the revolt there. The great reforming Council of Trent completed the theory of the Council of Ratisbon summoned by him in 1524. Paribus sententiis receptum fuit, hanc perditissimam haeresim rudi populo plausibilem ob libertam illi falso persuasam prastextu evangelicse charitatis, non parvam habuisse occasionem, partim a perditis moribus et vita clericorum. . . . Const, ad removendos abusus per D. Laurentium Card., etc. Fasc. Rer. Expet. ac Fug. f. 211. * My advice further is, whoever henceforth is ordained priest, he should in no wise take the vow of chastity, but should protest to the bishop that he has no authority to demand this vow, and that it is a devilish tyranny to demand it. Luther's Addre-ss to the German nobility. The Ninety-five Theses and Three Primary Works of Dr. Martin Luther. Wace and Buchheim, p. 60. This (celibacy) has been the cause of .so much mi.sery that it cannot be told, and has given occasion to the Grrek church to separate from us, and has caused infinite disunion, sin, shame and scandal, like everything that the devil does or suggests. Now, what are we to do? My advice is to restore liberty, and to leave every man free to marry or not to marry. lb. p. 59. ' Spalatini Annales, 1521, 1522, 1523. 53 of sacerdotal celibacy by erecting it into a doctrine. The doctrinal canons concerning the sacrament of matrimony enacted by the twenty-fourth session of the Council (Nov. 1563) declare anathema all who assert that those in hoty orders are capable of contracting a valid marriage. It also anathe- matized those who maintained that marriage was superior to virginity, or that it was not better and more blessed to remain a celibate than to be joined in wedlock. ^ To cover with the opprobrium of heresy those who resisted the rule of celibacy, or refused to accept it as an article of faith, was the last resort in the attempt to enforce it. The disciplinary canons of the Council of Trent were not more stringent or severe than those of the past. Ecclesias- tics were prohibited from maintaining wives or other women, either at their own houses or elsewhere. ^ The offenders who did not reform after one admonition were to lose one third of the fruits of their benefices; if still disobedient, they were to be deprived of all ecclesiastical income and office until manifest reform warranted a dispensation. A relapse follow- ing upon these penalties was to be punished by irrevocable de- privation of benefices and honors, along with excommunica- tion.^ The illegitimate sons of ecclesiastics were forliidden to hold benefices in the same parishes with their fathers, and all so offending, who did not resign within three months and seek ' Si quifl dixerit, clericos in sacris ()rclirr:liuscon.stitutxis, vol reRviIarcs, cjisti- tatem Bolemnitcr profcssos, po.s.sc niatriiiKniiiim contriiherc, coiitnicdimiiiie validtim nssf, noii ohstiuilr Icixf (•(•(•ic.si!i.slic;i, vcl voto; et oppositiiiii iiiliil aliud enac, (|ii.'Uii dainiiarc matriiiioniiim; po.ssecpie oninrs cniitralicn' iiialri- monium, qui non snnliunt se castitatis, etiamsi eain vovcrinl, Ii.iIkic nim. 5 tomi. Lutetise Parisiorum, 1717. Mansi, Sacrorum Conciliorum nova ct amplissima collectio. 56 Mapes, Latin Poems, edited by Thos. Wright. Camden Society Publica- tions, vol. 16. London 1S41. MiLMAN, History of Latin Christianity. 8 vols. New York, 1881. Mouumenta Germaniae Historica; Scriptores, Leges, Epistolse, and Libelli de Lite. MiGNE, Patrologiae Cursus Completus, Series Grseca, Series Latina. Novellae constitutiones imperatorum Theodosii IL, edited by Gustav Friedrich Haenel. Bonn, 1842. (Being vol. 2 pt. 2 of Corpus Juris Romani Antejustiniani ed. by Edward Bocking.) Peterffy, Sacra Concilia Ecclesiae Romano-Catholicai in Regno Hungariae Celebrata. Viennse, 1742. Pontoppidan, Annates Ecclesiae Danicae Diplomatici. Copenhagen, 1741. Rerum Britannicarum Medii Aevi Scriptores, Published under the direction of the Master of the Rolls. RusBROCHius, Opera Onmia. Coloniae, 1692. ScHAFF & Wace, Select Library of Nicene and Post-Nicene Fathers of the Christian Church. New York, 1890 ff. SociETE DE l'histoire DE France. Ouvrages publies par la 201 vols. Paris, 1834 ff. Trithemius, Opera pia et spiritualia, Moguntise, 1604. Thorpe, Ancient Laws and Institutes of England. 2 vols. London, 1840. Tudeschi, Lectura. Basiliaj, 1477. Wace & Buchheim, Ninety-five Theses and Three Primary Works of Dr. Martin Luther. London, 1883. Walch, Monumenta Medii Aevi. Gottingse, 1757-60. WiLKiNS. Concilia Magnae Britanniae, 1446-1717. London, 1737. Earl Evelyn Sperry was bom in Jordan, N. Y., February 19, 1875. His common school education was begun in the public schools of that town, continued in those of Coldwater, Mich., and completed at the High School of Syracuse, N. Y., from which he graduated in January, 1893. In September, 1894, he entered Syracuse University and in June, 1898, received the degree Bachelor of Philosophy. After spending the following year there in further study and in teaching, he was awarded a scholarship in European History at Columbia University and the next year, 1900-1901, was University Fellow in History there. He passed his examinations for the degree of Doctor of Philosophy in May, 1901, and spent the following year in Europe. After returning home he was appointed Instructor in European History at Syracuse University. UKIVEESITY OF CALIFORNIi AT Q()2'^ UNIVERSITY OF CALIFORNIA LIKRARV University of California SOUTHERN REGIONAL LIBRARY FACILITY 305 De Neve Drive - Parking Lot 17 • Box 951388 LOS ANGELES, CALIFORNIA 90095-1388 Return this material to the library from which it was borrowed. 1975 ^ ECCL Porr II INI II 3 1 58 00736 8342 UC SOUTHERN REGIONAL LIBRARY FACILITY P! Ill ill |l! i|||ll|l '!"i"'Tiri! l\ U\ \ I |[| I [lllll! AA 000 631 996 6 ^^m University o Southern Library I i i