Jussit enim Dominus fœminas habere,
Sed hoc noster pontifex jussit prohibere.
Gignere nos præcipit vetus testamentum;
Ubi novum prohibet nusquam est inventum.
A modernis latum est istud documentum,
Ad quod nullum ratio præbet argumentum.[703]
Nor were the Anglican bishops remiss in seconding the efforts of the pope to break down the opposition which thus openly defied their power and ventured even to justify the heresy of sacerdotal marriage. Councils were held which passed canons more stringent than ever; bishops issued constitutions and pastorals denouncing the custom; inquests were organized to traverse the dioceses and investigate the household of every priest. The women especially were attacked. Christian sepulture was denied them; property left to them and their children by their partners in guilt was confiscated to the bishops; churching after childbirth was interdicted to them; and, if still contumacious after a due series of warnings, they were to be handed over to the secular arm for condign punishment.[704] How much all this bustling legislation effected is best shown by the declaration of the legate, Cardinal Otto, in 1237, at the great council of London. He deplores the fact that married men received orders and held benefices while still retaining their wives, and did not hesitate to acknowledge their children as legitimate by public deeds and witnesses. After descanting upon the evils of this neglect of discipline, he orders that all married clerks shall be deprived of preferment and benefice, that their property shall not descend to wife or children, but to their churches, and that their sons shall be incapable of holy orders unless specially dispensed for eminent merit; then turning upon concubinary priests, he inveighs strongly against their licentiousness, and decrees that all guilty of the sin shall within thirty days dismiss their women forever, under pain of suspension from function and benefice until full satisfaction, persistent contumacy being visited with deprivation. The archbishops and bishops are commanded to make thorough inquisition throughout all the deaneries, to bring offenders to light, and also to put an end to the iniquitous practice of ordaining the offspring of such connections as successors in their father’s benefices.[705]
This legislation produced much excitement, and the legate even had fears for his life. Some prelates, indeed, maintained that it only was binding on the church of England during the residence of Otto, but they were overruled, and it remained at least nominally in force and was frequently referred to subsequently as the recognized law in such matters. Its effect was considerable, and some of the bishops endeavored to carry out its provisions with energy, as may be presumed from a constitution of William of Cantilupe, Bishop of Worcester, issued in 1240, ordering his officials to investigate diligently whether any of the clergy of the diocese had concubines or were married.[706]
To this period and to the disturbance caused by these proceedings are doubtless to be attributed several satirical pieces of verse describing the excitement occurring among the unfortunate clerks thus attacked in their tenderest spot. The opening lines of one of these poems indicate the novelty and unexpectedness of the new regulations:—
Rumor novus Angliæ partes pergiravit,