In Denmark and along the northern coasts of Germany, there was equal delay in enforcing the canon of celibacy. It is suggestive of some powerful intercession in favor of the married clergy when we see Paschal II., in 1117, writing to the King of Denmark that the rule was imperative, and that he could admit of no exceptions to it.[607] His insistence, however, was of little avail. In 1266, Cardinal Guido, legate of Clement IV., held a council at Bremen, where he was obliged to take rigorous measures to put an end to this Nicolitan heresy. All married priests, deacons, and subdeacons were pronounced incapable of holding any ecclesiastical office whatever. Children born of such unions were declared infamous, and incapable of inheritance, and any property received by gift or otherwise from their fathers was confiscated. Those who permitted their daughters, sisters, or other female relatives to contract such marriages, or gave them up in concubinage to priests, were excluded from the church. That a previous struggle had taken place on the subject is evident from the penalties threatened against the prelates who were in the habit of deriving a revenue from the protection of these irregularities, and from an allusion to the armed resistance, made by the married and concubinary priests with their friends, to all efforts to check their scandalous conduct.[608]
In Friesland, too, the efforts of the sacerdotalists were long set at naught. In 1219 Emo, Abbot of Wittewerum, describing the disastrous inundations which afflicted his country, considers them as a punishment sent to chastise the vices of the land, and among the disorders which were peculiarly obnoxious to the wrath of God he enumerates the public marriage of the priests, the hereditary transmission of benefices, and the testamentary provision made by ecclesiastics for their children out of the property which should accrue to the church; while his references to the canon law inhibiting these practices, show that these transgressions were not excusable through ignorance.[609] The warning was unheeded, for Abbot Emo alludes incidentally, on various subsequent occasions, to the hereditary transmission of several deaneries as a matter of course.[610] The deans in Friesland were ecclesiastics of high position, each having six or more parishes under his jurisdiction, which he governed under legatine power from the Bishop of Munster. When, in 1271, the people rose against them, exasperated by their intolerable exactions, in some temporary truce the deans gave their children as hostages; and when, after their expulsion, Gerard of Munster came to their assistance by excommunicating the rebels, the latter defended the movement by the argument that the deans had violated the laws of the church by handing down their positions from father to son, and that each generation imitated the incontinence of its predecessor.[611] Hildebrand might have applauded this reasoning, but his days were past. The church by this time had gained the position to which it had aspired, and no longer invoked secular assistance to enforce its laws. Even Abbot Menco, while admitting the validity of the popular argument, claimed that such questions were reserved for the decision of the church alone, and that the people must not interfere.
After thus marking the slow progress of the Hildebrandine movement in these frontier lands of Christendom, let us see what efforts were required to establish the reform in regions less remote.
[XVI.]
FRANCE.
Gregory VII. had not been so engrossed in his quarrels with the Empire as to neglect the prosecution of his favorite schemes of reform elsewhere. If he displayed somewhat less of energy and zeal in dealing with the ecclesiastical foibles of other countries, it was perhaps because the political complications which gave a special zest to his efforts in Germany were wanting, and because there was no organized resistance supported by the temporal authorities. Yet the inertia of passive non-compliance long rendered his endeavors and those of his successors equally nugatory.
As early as 1056 we find Victor II., by means of his vicars at the council of Toulouse, enjoining on the priesthood separation from their wives, under penalty of excommunication and deprivation of function and benefice.[612] This was followed up in 1060 by Nicholas II., who sought through his envoys to enforce the observance of his decretals on celibacy in France, and under the presidency of his legate the council of Tours in that year adopted a canon of the most decided character. All who, since the promulgation of the decretal of 1060, had continued in the performance of their sacred functions while still preserving relations with their wives and concubines were deprived of their grades without hope of restoration; and the same irrevocable penalty was denounced against those who in the future should endeavor to combine the incompatible duties of husband and minister of Christ.[613]
In what spirit these threats and injunctions were likely to be received may be gathered from an incident which occurred, probably about this time. A French bishop, as in duty bound, excommunicated one of his deacons for marrying. The clergy of the diocese, keen to appreciate the prospect of future trouble, rallied around their persecuted brother, and rose in open rebellion against the prelate. The latter, apparently, was unable to maintain his position, and the matter was referred for adjudication to the celebrated Berenger of Tours. Although, in view of the papal jurisprudence of the period, the bishop would seem to have acted with leniency, yet Berenger blamed both parties for their precipitancy and quarrelsome humor, and decided that the excommunication of a deacon for marrying was contrary to the canons, unless rendered unavoidable by the contumacy of the offender.[614]