WIVES OF ECCLESIASTICS.

In reply to your correspondent's query as to the "wives of

ecclesiastics," I find amongst my notes one to this effect:--

ERROR, to assume in ancient genealogies that a branch is

necessarily extinct, simply because the last known representative

is described as "Clericus," and _ergo_, must have died S.P.L.

It will be obvious to many of your readers that Clericus is _nomen

generale_ for all such as were learned in the arts of reading and

writing, and whom the old law deemed capable of claiming benefit of

clergy,--a benefit not confined to those in orders, if the ordinary's

deputy standing by could say "_legit ut clericus_."

The title of Clericus, then, in earlier times as now, belonged not only

to those in the holy ministry of the Church, and to whom more strictly

applied the term Clergy, either regular or secular, but to those as well

who by their function or course of life practised their pens in any

court or otherwise, as Clerk of the King's Wardrobe, Clerks of the

Exchequer, &c. Though in former times clerks of this description were

frequently in holy orders and held benefices, it must be evident that

they were not all so of necessity; and the instances are so numerous

where persons having the title of "Clericus" appear nevertheless to have

been in the married state, and to have discharged functions incompatible

with the service of the Church, that the assertion will not be denied

that the restrictions as to contracting matrimonial alliances did not

extend to clerks not in holy orders or below the grade of _subdiaconus_.

The _Registrum Brevium_ furnishes a precedent of a writ, "_De clerico

infra sacros ordines constituto non eligendo in officium_." This

distinction alone would prove that other clerks were not ineligible to

office. The various decrees of the Church may be cited to show that the

prohibition to marry did not include all clerks generally. Pope Gregory

VII., in a synod held in 1074, "interdixit clericis, maxime divino

ministerio consecratis uxores habere, vel cum mulicribus habitare, nisi

quas Nicena Synodus vel alii canones exceperunt."

The statutes made by Anselm, Archbishop of Canterbury, Thomas,

Archbishop elect of York, and all the other bishops of England, in 1108,

in presence of King Henry I., and with the assent of his barons, confine

the interdiction respecting marriages to _Presbyteri, Diaconi et

Subdiaconi_, and a provision is made by them for those cases where

marriages had been contracted since the interdict at the Council of

London (that probably in 1103), viz. that such should be precluded

thereafter from celebrating mass, if they persist in retaining their

wives. "Illi vero presbyteri, diaconi, subdiaconi, qui post interdictum

Londoniensis Concilii foeminas suas tenuerunt vel alins duxcrunt, si

amplius missam celebrare voluerint, eas a se omnino sic facient alienas,

ut nec illae in domos eorum, nec ipsi in domos earum intrent.... Illi

autem presbyteri qui divini altaris et sacrorum ordinum contemptores

praelegerint cum mulicribus habitare a divino officio remoti, omnique

ecclesiastico beneficio privati, extra chorum ponantur, infames

pronunciati. Qui vero rebellis et contemptor foeminam non reliquerit, et

missam celebrare presumpserit, vocatus ad satisfactionem si neglexerit,

viiij. die excommunicetur. Eadem sententia archidiaconos et cononicos

omnes complectitur, et de mulieribus relinquendis et de vitanda carum

conversatione, et de districtione censurae si statuta transgressi

fuerint.... Presbyteri vero qui relictis mulieribus, Deo et sacris

altaribus servire elegerint, xl. dies ab officio cessantes, pro se

interim vicarios habebunt, injuncta eis poenitentia secundum hoc quod

episcopis corum visum fuerit." In 1138 the penalty for priests marrying

was deprivation of their benefices, and exclusion from the celebration

of divine service:--"Sanctorum patrum vestigiis inhaerentes,

presbyteros, diaconos, subdiaconos uxoratos, aut concubinarios,

ecclesiasticis officiis et beneficiis privamus, ac ne quis eorum missam

audire praesumat Apostolica auctoriate prohibemus."

Many such decrees have been made at various synods and councils holden

for reformation of the clergy, but I can find none wherein marriage is

interdicted to clerks generally. I will refer to one more only, viz.

that made in the Council of London, held at Westminster in 1175. Here it

will be seen most distinctly that the prohibition against entering the

marriage state was confined expressly to _Clerici in sacris ordinibus

constituti_, and that is was not only lawful for clerks below the grade

of subdeacon to marry, but that having subsequently once entered the

marriage state and being subsequently desirous _ad religionem transire_,

and to continue in the service of the Church, they could not do so and

be separated from their wives unless _de communi consensu_; if they

continued, however, to live with their wives, they could not hold an

ecclesiastical benefice: "Si quis sacerdos vel clericus in sacris

ordinibus constitutus, ecclesiam vel ecclesiasticum beneficium habens

publice fornicarium habeat," &c.... "Si qui vero infra subdiaconatum

constituti matrimonia contraxerint, ab uxoribus sius nisi de communi

consensu ad religionem transire voluerint, et ibi in Dei servitio

vigilanter permanere, nullatenus separentur: sed cum uxoribus viventes,

ecclesiastica benficia nullo modo percipiant. Qui autem in subdiaconatu,

vel supra, ad matrimonia convolaverint, mulieres etiam invitas et

renitentes relinquant."

This it will be seen that the title "Clericus" under some circumstances,

affords no certain indication that a lawful marriage may not have been

contracted by the person so described and consequently that he might not

have _prolem legitimam_.

Notes and Queries, Number 08, December 22, 1849 · 第 8 / 67 题