Such were the regulations which this great general council of the Catholic church considered sufficient to relieve the establishment of the curse which had hung around it for a thousand years. There is nothing in them that had not been tried a hundred times before, with what success the foregoing pages may attest. In some respects, indeed, they were not as prompt and efficacious as the decrees which Charles V. and his bishops had promulgated a few years previous, and which had proved so lamentably inefficient. There were not wanting enlightened members of the council who bitterly felt the inefficiency of what they were doing, but the undignified haste of the closing sessions, and the all-powerful opposition of Rome, rendered them unable to accomplish more. As the Bishop of Astorga said in a letter to Granvelle—“They are not as we would have wished, to correct the abuses and scandals of the church, which cause so many to fall into error, but we have to do what we are permitted to do, not what we would wish to do.”[1397] Heretics, indeed, who asserted that there was in reality no intention of suppressing concubinage, could point in justification to the curious fact that, while previous councils had provided heavy penalties against the concubines of priests, that of Trent passed them over as though they were guiltless.


Strange as it may seem, the anathema so decidedly enunciated by the council did not deter Albert of Bavaria and the Emperor Ferdinand from continuing their efforts to procure for their subjects the benefit of a relaxation of the canon. The decision of a majority of the doctors of the council favoring the papal power of dispensation suggested the mode of obtaining it. Although the form of the canons had been adopted on the 7th of August, and the previous proceedings left no doubt as to their authoritative promulgation in full session, yet, on the 26th of August, the nuncio Visconti writes that he had heard from his colleague Delfino, then in Vienna, that the three ecclesiastical electors (Mainz, Trèves, and Cologne), the Archbishop of Salzburg and the Duke of Bavaria had held a conference, in which it was resolved to unite with the emperor in an appeal for Bulls permitting the marriage of the clergy and the use of the cup by the laity.[1398] Early in September the emperor wrote to his ambassadors, stating that he had called together at Vienna the deputies of the electors and princes of the empire, where, after mature deliberation, it had been determined to ask the cup and clerical marriage of the pope and not of the council; that a protocol had already been drawn up, which accompanied the despatch, but as it was a matter not yet fully settled, he desired it to be communicated to no one but the Count de Luna, the ambassador of Philip II.[1399]

It was not, however, until February, 1564, after the conclusion of the council, which brought its weary labors to an end on the 4th of December, 1563, that Ferdinand and Albert presented their requests to Pius IV. The two papers were essentially the same. In the name of the princes of the empire, after demanding the communion in both elements for the laity, they proceeded to argue earnestly for the other concession. Perhaps the decided opposition of the council to the principle of sacerdotal marriage had produced an influence upon them; perhaps they had found themselves obliged to yield some of their own views in order to secure the coöperation of the Teutonic hierarchy; be this as it may, their demands were greatly abated. In place of asking, as before, the privilege for the clergy at large, they now reduced their entreaties to the simple request of allowing such Catholic priests as had entered into matrimony, to retain their wives and perform their functions, which they assured the pope was absolutely essential to the preservation of the fragments of the church still doing battle with the prevailing heresies throughout Germany.[1400] They likewise asked that in such places as could not obtain a sufficiency of pastors, the bishops should be empowered to ordain married laymen of approved piety, learning, and fitness.

These appeals were successful as far as communion in both elements was concerned, for, on April 16th, Pius granted that concession under certain conditions. The subject of priestly marriage, however, he still postponed, and on June 17th we find Ferdinand writing to Cardinal Morone, to express his thanks for what he had obtained, and to urge the other subject on the consideration of the papal court. He had instructed his ambassador, he said, to press it earnestly, and he besought the Cardinal to aid in so pious and advantageous a work.[1401]

Nor was this the only means which Ferdinand, then verging rapidly to the grave, adopted to attain the object of his unwearied pursuit. George Wicelius had thrown aside the monastic gown in 1531, to embrace the errors of Lutheranism, but had returned to the old religion. His learning and piety earned for him a deserved reputation, and elevated him to the position of imperial councillor, where his talents were devoted to the endless task of bringing about a reconciliation between the churches. George Cassander, equally eminent, had never incurred the imputation of apostasy, but had labored with tireless industry to convert his erring brethren from heresy to the true faith. Men like these might perhaps be heard when the voice of princes and prelates, actuated by motives of personal advantage, met a deaf ear; and Ferdinand applied to them for disquisitions on the subject.[1402] Before their labors were concluded the monarch was dead (July 25, 1564), but his son Maximilian II. inherited his father’s ideas, and gladly made use of the opinions which the learned Catholic doctors had no hesitation in expressing.

Both took strong ground against celibacy. Cassander, while defending the church for originally introducing the rule, deplored the terrible and abominable scandals which its untimely enforcement caused throughout the church, and he urged that the reasons which had led to its introduction not only existed no longer, but had even become arguments for its abrogation, since now the choice lay only between married priests and concubinarians. He declared it to be the source of numerous evils, chief among which was promiscuous and unbridled licentiousness, and he added that the already scanty ranks of the priesthood were deprived of the accessions which were so necessary, since men of a religious turn of mind were prevented from taking orders by the universal wickedness which prevailed under the excuse of celibacy, while pious parents kept their sons from entering the church for fear of debauching their morals. On the other hand, those who sought a life of ease and license were attracted to the holy calling which they disgraced. He was even willing to permit marriage in orders, arguing that it was only a question of canon law, in which faith and doctrine were not involved. As regards the monastic orders, while fully appreciating the principles upon which the system was founded, he warmly deplored the corruption engendered by wealth and luxury. Though the convents contained many pious and holy men, still for the most part religion was forgotten in the observance of ceremonies that had lost their significance, and nothing could be more licentious and profane than the life led in many of the monasteries.[1403] Wicelius was equally severe in his denunciations of the clerical licentiousness attributable to the rule of celibacy, and concluded his tract by attacking the supineness, blindness, and perversity of the prelates who suffered such foulness to exist everywhere among the priesthood, in contempt of Christ, and to the burdening of their consciences.[1404]

It was already evident that both the great objects for which the council of Trent had ostensibly been assembled were failures; that it would effect as little for the purification of the church as for the reconciliation of the heretics. Perhaps Maximilian felt that under these circumstances no one could deny the necessity of such changes as would at least afford a chance of the reformation that could no longer be expected of the Tridentine canons; perhaps he felt strengthened by the support of his ecclesiastical counsellors and controversialists; perhaps, with the zealous hopefulness of youth, he felt a confidence of which age and many disappointments had deprived his father; or perhaps he was encouraged by the concession to his subjects and to those of Albert of Bavaria, of the communion in both elements, not knowing that in two short years it would be withdrawn. Certain it is that in a negotiation with the Bishop of Vintimiglia, papal nuncio at his court, he lost no time in renewing, with increased energy, the effort to obtain the recognition of married priests. After the departure of the nuncio, he addressed, in November, 1564, a most pressing demand to Pius IV., in which he declared that the matter brooked no further postponement; that throughout Germany, and especially in his dominions, there was the greatest need of proper ministers and pastors; that there was no other measure which would retain them in the Catholic church, from which, day by day, they were withdrawing, principally from this cause. He assured the Holy Father that the danger was constantly increasing, and that he feared a further delay would render even this remedy powerless to prevent the total destruction of the old religion. If only this were granted to the clergy, even as the cup had been communicated to the laity, he hoped for an immediate improvement. The bishops could then exercise their authority over those who at present were beyond their control, as unrecognized by the church; and so thoroughly was this lawless condition of affairs understood that a refuge was sought in his provinces by those disreputable pastors who were banished from the Lutheran states on account of their disorderly lives.[1405] His brother, the Archduke Charles, was equally urgent, in a letter which he addressed, a few days later, to the Pope, repeating the same arguments, and assuring him that the only hope for the true religion in his dominions was to find some means of admitting the services of a married clergy.[1406]

Ferdinand and Maximilian were actuated in these persevering efforts not merely by the desire of gratifying the wishes of their people, or of remedying the depravity of the ecclesiastical body. It had been a favorite project with the father, warmly adopted by the son, to heal the differences between the two religions, and to restore to the church its ancient and prosperous unity. In their opinion, and in that of many eminent men, the main obstacle to this was the question of celibacy. It was evidently hopeless to expect this sacrifice of the Lutheran pastors, while numerous members of the Catholic church regarded the change as essential to the purification of their own establishment. The only mode of effecting so desirable a reconciliation was therefore to persuade the pope to exercise the power of dispensation which the council of Trent had admitted to be inherent in his high office. The spirit of the papal court, however, was that which Pallavicini attributes to the council—that the heretics were to be cut off, and not to be cajoled into returning. Pius IV. himself was not personally averse to the plan so persistently urged upon him, but those around him saw greater dangers in concession than in refusal. De Thou, indeed, says that he was inclined to grant the privilege for the territories of Maximilian, but that Philip II., at the instigation of Cardinal Pacheco, fearing an example so dangerous to his turbulent and excitable subjects in the Netherlands, opposed it strenuously, and sent Don Pedro d’Avila to Rome, who persuaded the pope to elude the demand, by keeping matters in suspense, and by holding out prospects of accommodation destined never to be accomplished.[1407]

This is probably not strictly correct. Maximilian’s demand had perhaps been rendered more pressing than respectful by the necessity of conciliating his people in view of the war with John of Transylvania and the Turks. Its tone was not relished at Rome, nor could the papacy be expected to listen with as much patience to remonstrances from a prince who had just grasped the reins of power as it had to those of the mature and experienced Ferdinand, especially as Maximilian had been shrewdly suspected of secretly leaning to the tenets of the Reformers.[1408] The response to Maximilian was therefore of the sharpest. Pius replied, arguing against clerical marriage and positively declaring that it would not be tolerated,[1409] and to prevent further trouble Cardinal Commendone was sent to warn him that any interference with the interests of religion would be visited with the severest penalties; in fact, he was threatened with deprivation of the imperial title, and a convocation of the Catholic princes for the purpose of electing a successor.[1410]