Even in Rome itself the point was still disputed. At that very

time Gratian, the greatest canonist of the age, was engaged in

the compilation of his “Concordia discordantium Canonum,” a work

undertaken at the request of the papal curia to restore to the canon

law the preëminence which it was fast losing in consequence of the

recently revived study of the Justinian jurisprudence. Published in

1151 under the auspices of Eugenius himself, and presented to the world

as the authoritative exposition of the laws and discipline of the

church, it was everywhere received with acclamation, and has remained

to this day the foundation of the canon law. Yet Gratian himself, in

this work without appeal, distinctly declares his opposition to the

doctrine of Innocent and Eugenius, asserting that a deacon can lawfully

marry if he chooses to abandon the ministry, and that the sacrament of

marriage is so potent that no antecedent vow can render it void.[788]

The new law was long in winning its way to general respect, nor can it

be a subject of wonder if those who disregarded the acknowledged canons

of the church by marrying in orders, or by permitting such marriages in

those under their charge, should neglect a rule of recent origin and of

more than doubtful propriety. The church, however, was committed to it,

and, moreover, could see in its eventual recognition a more effectual

means of accomplishing the long desired object than in any expedient

previously tried. By destroying all such marriages, pronouncing them

null and void, inflicting an ineffaceable stigma on wife and offspring,

subjecting the woman to the certainty of being cast off without

resource and without option on the part of the husband, the position of

the wife of an ecclesiastic would become most unenviable; her kindred

would prevent her from exposing herself to such calamities, and no

priest could succeed in finding a consort above the lowest class, whose

union with him would expose him to the contempt of his flock.

How slender was the immediate result of the efforts of Innocent and

Eugenius, however, is manifested by the allusions of Geroch, Provost

of Reichersperg, who, writing about the middle of the century,

complains that any one who would shun intercourse with Nicolitan and

simoniacal heretics must quit the world, for it was full of them, and

he maintains the propriety of calling them heretics because they openly

defended and justified their evil courses.[789] Indeed, so shamelessly

were their transgressions displayed, that the faithful were sometimes

scandalized by the sight of the priests’ wives assisting their husbands

in the ministry of the altar;[790] while conventual discipline had

sunk so low that nuns were in the habit of deferring their formal vows

until the lassitude of old age should render the restraints thereby

assumed easy to be endured,[791] and canons led a life which was only

distinguishable from that of the laity by its shamelessness.[792] Nor

was this confined to Germany. In France, Hugh, Archbishop of Rouen,

complains that those who married in orders openly defended their evil

practices and quoted Scripture to sustain themselves.[793]

In England, as seen in a preceding section, the new theory of Innocent

and Eugenius remained a dead letter. Indeed, as late as 1470 Sir John

Fortescue incidentally alludes to a recent case in which a priest named

John Fringe, who had lived in orders for three years, procured two

false witnesses to swear that he had previously been betrothed to a

certain maiden, and this preliminary promise of marriage was held by

court to supersede his priestly ordination; he was ejected from the

priesthood and compelled to marry the girl, with whom he lived fourteen

years, until he was executed for treason by the Lancastrians during the

wars of the Roses.[794] In Spain, as we have already seen, priestly

marriage was forbidden by the secular law as late as the latter half

of the thirteenth century, and priests in consequence were wont to

protect their partners by entering into the most solemn compacts, the

customary employment of which shows that they must have been habitually

enforced by the municipal tribunals regardless of the censures of the

church.

* * * * *

The long pontificate of Alexander III., extending from 1159 to 1181,

was absorbed for the most part by his deadly strife with Frederic

Barbarossa. Yet, even before he was released from that ever-present

danger, he found leisure to urge the cause of sacerdotal celibacy; and

after the humiliation of his mortal enemy he devoted himself to it

with a zeal which earned for him among his contemporaries the credit

of establishing its observance.[795] He who, as the legate Roland,

had nearly paid, under the avenging sword of Otho of Wittelsbach, the

forfeit of his life for his rude boldness at the imperial court, was

little likely to abate one jot of the claims which the church asserted

on the obedience of layman and clerk; and he recognized too fully the

potency of the canons of Lateran and Rheims not to insist upon their

observance. The very necessity under which he found himself, however,

of repeating those canons shows how utterly neglected they had been,

and how successfully the clergy had thus far resisted their reception

and acknowledgment. Thus when, in 1163, he held the council of Tours,

he was obliged to content himself with a canon which allowed three

warnings to those who publicly kept concubines, and it was only after

neglect of these warnings that they were threatened with deprivation of

functions and benefice;[796] and when, in 1172, his legates presided

over the council of Avranches, which absolved Henry II. for the murder

of A’Becket, the Norman clergy were emphatically reminded that those

who married in holy orders must put away their wives, and this in terms

which indicate that the rule had not been previously obeyed.[797]

Yet notwithstanding this formal declaration, only a few years later

we find the Archbishop of Rheims applying to him for counsel in the

case of a deacon who had committed matrimony, to which Alexander

of course replied that the marriage was no marriage, and that the

offending ecclesiastic must be separated from the woman, and undergo

due penance.[798] The persistence of the pope, and the necessity

of his urgency, are farther shown by sundry epistles to various

English bishops, in which the rule is enunciated as absolute and

unvarying;[799] and he takes occasion to stigmatize such marriages with

the most degrading epithet, when he graciously pardons those concerned,

and permits their restitution after a long course of penitence, on

their giving evidence of a reformed life.[800]

Yet even Alexander was forced to abate somewhat of his stern

determination, in consideration of the incorrigible perversity of

the time, though he seems not to have remarked that he abandoned the

principle by admitting exceptions, and that the reasons assigned in

such individual cases might, with equal cogency, be applied to the

total withdrawal of the rule. When the Calabrian bishops informed

him that clerks in holy orders throughout their dioceses committed

matrimony, he ordered that priests and deacons should be irrevocably

separated from their wives; but, in the case of subdeacons of doubtful

morals, he instructed the prelates that they should tacitly connive at

the irregularity, lest in place of one woman, many should be abused,

and a greater evil be incurred, in the endeavor to avoid a less.[801]

This worldly wisdom also dictated his orders to the Bishop of Exeter,

in whose diocese subdeacons were in the habit of openly marrying. He

directs an examination into the lives and characters of the offenders;

those whose regular habits and staid morality afford fair expectation

of their chastity in celibacy are to be forcibly separated from their

wives; while those whose disorderly character renders probable their

general licentiousness if condemned to a single life are not to be

disturbed—taking care, however, that they do not minister at the altar,

or receive ecclesiastical benifices.[802]

Alexander adopted the principle that a simple vow of chastity did

not prevent marriage or render it null, but that a formal vow, or

the reception of orders, created a dissolution of marriage, or a

total inability to enter into it;[803] but Celestin III. carried the

principle still farther, and decreed that a simple vow, while it did

not dissolve an existing connection, was sufficient to prevent a future

one.[804]

Alexander did not confine himself to this portion of the question, but

with ceaseless activity labored to enforce the observance of celibacy

in general, and to repress the immorality which disgraced the church

throughout Christendom—immorality which led Alain de l’Isle, the

“Universal Doctor,” to characterize the ecclesiastics of his time as

being old men in their inefficiency and young men in their unbridled

passions.[805] Alexander’s efforts were particularly directed to put

an end to the practice of hereditary priesthood, and its constant

consequence, hereditary benefices. If I have made little allusion to

this subject during the century under consideration, it is not that the

church had relaxed her exertions to place some limit on this apparently

incurable disorder, or that the passive resistance to her efforts had

been less successful than we have seen it on previous occasions. The

perpetual injunctions of Alexander show at once the universality of

the vice, and the determination of the pontiff to eradicate it. At

the same time it became a frequent, and no doubt a profitable portion

of the duties of the papal chancery, to grant special dispensations

when those who held such preferment, or who desired to retain their

wives, underwent the dangers and expense of a journey to Rome, and

were rewarded for their confidence in the benignity of the Holy Father

by a rescript to their bishops, commanding their reinstatement in the

benefices from which they had been ejected.[806] The power to grant

such dispensations was shrewdly reserved as the exclusive privilege

of the papal court;[807] and a high churchman of the period assures

us that there was no difficulty in obtaining them.[808] It need not,

therefore, surprise us that Alexander’s successor, Lucius III., found

the hereditary transmission of the priestly office claimed as an

absolute right.[809] And not only did the claims of the papal chancery

thus interfere with the execution of the law by its power of granting

dispensations, but its appellate jurisdiction was constantly used to

avert punishment from the worst offenders. Thus Lucius III., about the

year 1181 was obliged to grant to Maurice de Sully, Bishop of Paris,

the right to dispossess of their benefices and functions, without

appeal, certain notorious concubinarians who, on being threatened with

the application of the law, had defied him by interposing an appeal to

Rome.[810] This centralization of all power in the papal court, and the

unblushing venality of the Roman officials, meet us in every age as

the efficient obstacle to the efforts of reforming prelates throughout

Europe.

The uncertainty of this conflicting legislation, at times enforced,

and at times dispensed with by the supreme power, led to innumerable

complications and endless perplexity in private life. Indeed, a large

portion of the canons are founded on responses given by the popes to

settle cases of peculiar difficulty arising from ignorance or neglect

of the discipline enjoined, and many of these reveal extreme hardship

inflicted on those who could be convicted of no intentional guilt.

Perhaps the most noteworthy instance of the troubles caused by the

new regulations was that of Bossaert d’Avesnes, which resulted in

a desperate war to determine the possession of the rich provinces

of Flanders and Hainault. As it illustrates the doubts which still

environed these particular points, and the conflicting decisions to

which they were liable, even from the infallibility of successive

popes, it may be worth briefly sketching here.

When Baldwin of Flanders, Emperor of Constantinople, died in 1206,

his eldest daughter Jane succeeded to his territories of Flanders

and Hainault, while his second child, Margaret, was placed under

the guardianship of Bossaert d’Avesnes. Bossaert was a relative of

her mother, Mary of Champagne, and though he held the comparatively

insignificant position of chantre of Tournay, he was yet a man of

great repute and influence. With the assent and approbation of the

estates of Flanders, Margaret and Bossaert were married, the issue of

the union being three sons. Whether the fact of his having received

the subdiaconate was publicly known or not is somewhat doubtful; but

he seems at length to have been awakened to a sense of his uncertain

position, when he went to Rome for the purpose of obtaining a

dispensation and legitimating his children. Innocent III. not only

refused the application, but commanded him to restore Margaret to

her relatives and to do penance by a pilgrimage to the Holy Land.

Disregarding these injunctions, he lived openly with his wife after his

return and was excommunicated in consequence. At length Margaret left

him and married Guillaume de Dampierre, while Bossaert was assassinated

during a second visit to Rome, where he was seeking reconciliation

to the church. When at last, in 1244, the Countess Jane closed her

long and weary career by assuming the veil at Marquette, without

leaving heirs, the children of Margaret by both marriages claimed

the succession, and Margaret favored the younger, asserting, without

scruple, that her elder sons were illegitimate. The difficult question

was referred to St. Louis for arbitration, and in 1247 the good king

assigned Flanders to Gui de Dampierre and Hainault to Jean d’Avesnes,

thus recognizing both marriages as legitimate. This, of course,

satisfied neither party. Innocent IV. was appealed to, and in 1248 he

sent commissioners to investigate the knotty affair. They reported

that the marriage of Bossaert had been contracted in the face of all

Flanders, and that the d’Avesnes were legitimate, which judgment was

confirmed by Innocent himself in 1252. Thus fortified, Jean d’Avesnes

resisted the proposed partition, and a bloody civil war arose. The

victory of Vacheren placed the Dampierre in the hands of their

half-brothers, and promised to be decisive, until Margaret called in

Charles de Valois, bribing him with the offer of Hainault to complete

the disinheriting of her first-born. The war continued until Louis,

returning from the East in 1255, compelled the combatants to lay down

their arms, and to abide by his arbitration.[811]

In this case we see Innocent III. deciding that marriage was

incompatible with the subdiaconate. Yet it is a striking illustration

of the uncertainty which still surrounded the matter to find the

same pope, in 1208, commanding a subdeacon of Laon to return to the

wife whom he had abandoned on taking orders, and to treat her in all

respects as a wife. Innocent is not to be suspected of any temporizing

concession to prevailing laxity, and yet in this case he overruled the

uninterrupted tradition of the canons that married men taking orders

should thenceforth treat their wives as sisters; and the doubts which

experienced ecclesiastics entertained with regard to the law are

visible in the fact that when the wife complained of her abandonment

to the metropolitan authorities at Rheims they did not pretend to give

judgment, but sent the testimony in the case at once to Innocent for

his decision.[812]

Another curious case occurring about the same time illustrates the

complexity of the questions which arose and the manner in which the

selfishness of ascetic zeal sometimes eluded even the very slender

barriers with which the church limited its gratification. As we have

seen, it was an ancient rule that no man could assume monastic vows

without the assent of his wife, with the additional condition that

she must at the same time enter a nunnery. It appears that a husband

desiring to become a monk, and finding his wife obstinately opposed

to his designs, enlisted the services of various priests to influence

her, carefully concealing from her the obligation which her assent

would impose upon her to take the veil. Still she obstinately refused,

until at last he threatened to castrate himself, when she yielded

and went through the ceremony of placing with her own hands his head

on the altar. The wife thus abandoned took to evil courses, and the

husband-monk applied in person to Innocent III. to learn whether he

ought to remain in his order, seeing that his continence might be

responsible for her unchastity. In spite of the deceit practised upon

the wife, Innocent resolved his doubts in favor of the maintenance of

his vows, giving as a reason that her adulteries deprived her of claim

on him. At the same time, nothing was said as to compelling the woman

to take the veil.[813]

* * * * *

In view of these perplexities, it is no wonder that even the resolute

spirit of Alexander III., dismayed at the arduous nature of the

struggle, or appalled at the ineradicable vices which defied even

papal authority, at times shrank from the contest and was ready to

abandon the principle. If we may believe Giraldus Cambrensis, who, as

a contemporary intimately connected with the highest ecclesiastical

authorities in England, was not likely to be mistaken, and whose long

sojourn at the court of Innocent III. would have afforded him ample

opportunities of correcting a misstatement, Alexander had once resolved

to introduce the discipline of the Greek church in Western Europe,

permitting single marriages with virgins. To this he had obtained

the assent of his whole court, except his chancellor Albert, who was

afterwards pope under the name of Gregory VIII. The resistance of

this dignitary was so powerful as to cause the abandonment of the

project.[814] Alexander, indeed, was not alone in this conviction.

Giraldus himself was fully convinced that such a change would be most

useful to the church, though as archdeacon of St. David’s he had

displayed his zeal for the enforcement of the canon by measures too

energetic for the degeneracy of the age, and though he occupies, in

his “Gemma Ecclesiastica,” twenty-one chapters with an exhortation to

his clergy to abandon their evil courses.[815] Men of high character

did not hesitate to take even stronger ground against the rule. The

celebrated Peter Comestor, whose orthodoxy is unquestioned, taught

publicly in his lectures that the devil had never inflicted so severe a

blow on the church as in procuring the adoption of celibacy.[816]

These were but individual opinions. The policy of the church remained

unaltered, and Alexander’s successors emulated his example in

endeavoring to enforce the canons. Clement III. took advantage of the

profound impression which the capture of Jerusalem by Saladin (Oct.

1187) produced on all Europe, when the fall of the Latin kingdom

was attributed to the sins of Christendom. He preached a general

reformation. Abstinence from meat on Wednesdays and Saturdays for

five years, and various other kinds of mortification were enjoined

on all, to propitiate a justly offended Deity, but the clergy were

the objects of special reproof. Their extreme laxity of morals, their

neglect of the dress of their order, their worldly ambition and

pursuits, drinking, gambling, and flocking to tournaments, and the

unclerical deportment which left little difference between them and

the laity, were some of the accusations brought against them. To their

incontinence, however, was chiefly attributed the wrath of God, besides

the measureless scandals to which their conduct exposed the church, and

they were commanded to remove all suspected females from their houses

within forty days, under pain of suspension from their functions and

revenues.[817] That these rebukes were not the mere angry declamation

of an ascetic is shown by the declaration of Celestin III., a few years

later, that throughout Germany the custom still prevailed of fathers

substituting in their benefices their sons, born during priesthood, so

that frequently parent and offspring ministered together in the same

church;[818] and the extent of the demoralization is evident when we

find the sons of priests and deacons alluded to as a class ineligible

to knighthood in a constitution of Frederic Barbarossa in 1187.[819]

The regular clergy offered no exception to the general relaxation of

discipline. In 1192 Odo, Bishop of Toul, felt himself forced to deplore

the wickedness of monks who left their monasteries and publicly took to

themselves wives, but he could devise no better means of arresting the

scandal than excommunicating them and their growing families.[820]

Yet, with all his ardor, Clement admitted that celibacy was only

a local rule of discipline, and that there was nothing really

incompatible between marriage and the holy functions of the altar.

The time had not yet come when the council of Trent could erect the

inviolable continence of the priesthood into an article of faith, and

Clement was willing to allow that priests of the Greek church, under

his jurisdiction, could legitimately be married and could celebrate

mass while their families were increasing around them.[821]

* * * * *

Innocent III., who, by the fortunate conjunction of the time in which

he flourished with his own matchless force of character, enjoyed

perhaps the culmination of papal power and prerogative, at length

brought to the struggle an influence and a determination which could

scarcely fail to prove decisive on any question capable of a favorable

solution. By his decretals and his legates he labored assiduously to

enforce obedience to the canons, and when, in 1215, he summoned the

whole Christian world to meet in the fourth council of Lateran, that

august assembly of about thirteen hundred prelates, acting under his

impulsion, and reflecting his triumph over John of England and Otho of

Germany, spoke with an authority which no former body since that of

Nicæa had possessed. Its canons on the subject before us were simple,

perhaps less violent in their tone than those of former synods, but

they breathed the air of conscious strength, and there was no man that

dared openly to gainsay them. A more rigid observance of the rules was

enjoined, and any one officiating while suspended for contravention

was punishable with perpetual degradation and deprivation of his

emoluments. Yet the rule was admitted to be merely a local ordinance

peculiar to the Latin church, for, in the effort made by the council to

heal the schism with Constantinople, the right of the East to permit

the marriage of its priests was acknowledged by a clause visiting

with severer penalties those who by custom were allowed to marry, and

who, notwithstanding this license, still permitted themselves illicit

indulgences. The disgraceful traffic by which in some places prelates

regularly sold permissions to sin was denounced in the strongest terms,

as a vice equal in degree to that which it encouraged; and the common

custom of fathers obtaining preferment in their own churches for their

illegitimate offspring was reprobated as it deserved.[822]

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