Towards the close of his restless life, however, Archbishop Diego found time, amid his military, political, and ecclesiastical schemes of aggrandizement, to undertake the much needed reform of a single monastery. The Abbot of S. Pelayo de Antealtaria was a paragon of brutish sensuality, who wasted the revenues of his house in riotous living and took no shame in a numerous progeny. The archbishop remonstrated with him long and earnestly, both in public and private: seven times in the general chapter of the diocese he admonished and threatened the offender without result. At length, in 1130, after forbearance so remarkable, Diego held a chapter in the abbey for his trial, when he was proved by competent witnesses to have kept no less than seventy concubines. He was accordingly deposed, but was so far from being canonically punished that a benefice in the abbey lands was assigned for his support. A new abbot was then appointed, who swore to observe the Benedictine rule as far as he should find himself able to do so.[767] It is a significant commentary on the state of discipline and opinion to find so weak an effort to remove and punish the grossest licentiousness characterized by the biographer of Diego with the warmest expressions of wondering admiration as a work which doubtless gave ineffable satisfaction to the Divine Omnipotence, and which was without example in previous history.
It is very evident that the pontiffs who so energetically enforced the rule of celibacy throughout the rest of Europe were content to offer little opposition to the obstinacy of the Celtiberian priesthood. We can safely conclude, indeed, that matters were allowed to remain virtually undisturbed, and that the clergy were permitted to retain their wives. A council held in Gallicia in the early part of the thirteenth century, for the purpose of reforming ecclesiastical discipline, preserves absolute silence on the subject of marriage and concubinage;[768] and, about the middle of the same century, we find Alfonso the Wise of Castile obliged to formally interdict matrimony to those in holy orders. In the elaborate code drawn up by that monarch and known as “Las Siete Partidas,” there is a law punishing sacerdotal marriage with deprivation of function and benefice; while the wives, if vassals of the church, are to be reduced to servitude, and if serfs, are to be sold and the proceeds appropriated for the benefit of the church of the offender. The wording of the law would seem to indicate that it was an enactment intended to repress existing disorders, and not merely a well-known provision inserted in the code for the purpose of completing a compilation of statutes;[769] while the existence in secular legislation of such invasions of the province of ecclesiastical law is a convincing proof of the continued independence of Rome asserted by the Spanish church and state. The prelates were further authorized to command the assistance of the secular power in enforcing these barbarous penalties to their full measure of severity, and this secular legislation seems to have accomplished what the ecclesiastical authorities had so utterly failed to effect. After this we hear little of regular marriage, which was replaced by promiscuous concubinage or by permanent irregular unions.
In Valencia a council in 1255 prohibited the residence with priests of all women, except mothers and sisters and such others as were beyond suspicion, but no penalty was prescribed for infractions of the rule; and the character of the clergy with whom the council had to deal is sufficiently shown by its complaint that the priests of the country parishes frequented the city too much and indulged there in disgraceful excesses, for which reason it forbids them from visiting the city more often than twice a month, and requires them to return home the same day.[770] Arnaldo de Peralta, Bishop of Valencia, not long after, deplores the utter contempt with which all previous efforts to suppress clerical concubinage had been received, and the prevalence of the custom by which ecclesiastics endowed their bastards with the spoils of the church. Yet the only punishment he finds himself able to threaten is a fine of thirty maravedis on public concubinarians and of five on parish priests who connive at such offences or neglect to report them to the bishop. Ecclesiastics, indeed, are directed to put away their children, but no penalty is indicated for disobedience.[771] The council of Gerona in 1257 was more energetic, for it decreed the deprivation of all concubinary priests who persisted in their sin, but this apparently was not effectual, for in 1274 the threat was repeated, with the addition that the women should be excommunicated and should receive after death the burial of asses;[772] and very similar was the legislation of the council of Peñafiel in 1302.[773] However well meant these efforts were, they proved as useless as all previous ones, for in 1322 the council of Valladolid, under the presidency of the papal legate William Bishop of Sabina, animadverts strongly on the indecency of ecclesiastics, from the highest prelates down, officiating at the nuptials of their children, both legitimate and illegitimate. For those who publicly kept concubines it provides a graduated scale of confiscation, ending in the deprivation of the persistently contumacious who gave no prospect of amendment, the exceedingly elaborate regulations prescribed showing at once the difficulty of the subject and the importance attached to it. The acts of this council, moreover, are interesting as presenting the first authentic evidence of a custom which subsequently prevailed to some extent elsewhere, by which parishioners were wont to compel their priest to take a female consort for the purpose of protecting the virtue of their families from his assaults. The iniquity of this precaution seems to have especially scandalized the legate, and he treats the audacious laymen concerned in such transactions with much less ceremony than the concubinary clergy.[774] The elaborate regulations promulgated by this council produced little effect. The council of Salamanca in 1335 renews the previous repressive legislation, adding a threat of ipso facto excommunication for those who give Christian burial to priestly concubines, including all who are present on such occasions, who are not to be absolved until they shall have paid a fine of fifty maravedis to the cathedral church.[775] At length, in 1388, a national council held at Palencia under Cardinal Pedro de Luna, papal legate, made a determined effort to eradicate the ineradicable vice. It renewed the regulations of the council of Valladolid, which it stated were not obeyed, and added to them a clause by which all benefices were held under a sort of tenure of chastity, and subject to forfeiture. Besides this, all ecclesiastics who, within two months of death, had kept concubines, were declared incapable of testating, and their property was adjudged, one-third to the fabric of their churches, one-third to the Ordinary of the diocese, and one-third to the fund for the redemption of captives under the care of the Orders of Trinidad and Mercede, who were empowered to seize their share. Moreover, all bishops were commanded to appoint official Visitors, who were to report at annual synods, to be held thereafter, all cases of infraction of the rules.[776] The desolation which the enforcement of such regulations would have wrought may be inferred from the description which a contemporary, Alvarez Pelayo, Bishop of Silva in Portugal, gives us of his fellow ecclesiastics. He states that many of the clergy in holy orders throughout the Peninsula publicly associated themselves with women, frequently of noble blood, binding themselves against separation by notarial acts and solemn oaths, endowing their consorts with the goods of the church, and celebrating with the kindred these illegal espousals as joyously as though they were legitimate nuptials. Yet even this flagrant defiance of the canons was better than the wickedness common between confessors and their penitents, or than the promiscuous and unrestrained licentiousness of those who were not fettered by the forms of marriage, whose children, as Pelayo asserts, almost rivalled in number those of the laity.[777] These excesses were not suppressed by the council of Palencia. In 1429 the council of Tortosa, under the presidency of the Cardinal de Foix, papal legate, renewed the lament that the canons of Valladolid remained unobserved, and in repeating them it added a penalty of incarceration for pertinacious offenders, indicating, moreover, one of the worst abuses to which the subject gave rise, in forbidding all officials to take bribes from those who transgressed the rules.[778] This effort was as fruitless as all previous ones had been, and we shall see hereafter that the same state of affairs continued until the sixteenth century was well advanced.
[XX.]
GENERAL LEGISLATION.
In a former section we have seen the efforts made by Calixtus II. to enforce the received discipline of the church, and we have noted the scanty measure of success which attended his labors. He apparently himself recognized that they were futile, and that some action of more decided character than had as yet been attempted was necessary to accomplish the result so long and so energetically sought, and so illusory to its ardent pursuers. On his return to Italy, and his triumph over his unfortunate rival, the anti-pope Martin Burdino, he summoned, in 1123, the first general council of the West, to confirm the Concordat of Worms, which had just closed half a century of strife between the papacy and the empire. Nearly a thousand prelates obeyed his call, and that august assembly promulgated a canon which not only forbade matrimony to those bound by vows and holy orders, but commanded that if such marriages were contracted they should be broken, and the parties to them subjected to due penance.[779]
This was a bold innovation. With the exception of a decretal of Urban II. in 1090, to which little attention seems to have been paid, we have seen that, previous to Calixtus, while the sacrament of marriage was held incompatible with the ministry of the altar and with the enjoyment of church property, it yet was respected and its binding force was admitted, even to the point of rendering those who assumed it unfitted for their sacred functions. At most, and as a concession to a lax and irreligious generation, the option was allowed of abandoning either the wife or the church. At Rheims, Calixtus had deprived them of this choice, and had ordered their separation from their wives. He now went a step further, and by the Lateran canon he declared the sacrament of marriage to be less potent than the religious vow: the engagement with the church swallowed up and destroyed all other ties. This gave the final seal to the separation between the clergy and the laity, by declaring the priestly character to be indelible. When once admitted to orders, he became a being set apart from his fellows, consecrated to the service of God; and the impassable gulf between him and the laity bound him forever to the exclusive interests of the church. It is easy to perceive how important an element this irrevocable nature of sacerdotalism became in establishing and consolidating the ecclesiastical power.
The immensity of the change thus wrought in the practice, if not in the doctrine, of the church can best be understood by comparing the formal command thus issued to the Christian world with the unqualified condemnation pronounced in earlier times against those who attempted to dissolve marriage under religious pretexts.[780] And in all ages the church has regarded the chastity of the monastic orders as even more imperative than that of the secular clergy.
Revolutions never go backwards. Perhaps the Lateran fathers who adopted the canon scarcely realized its logical conclusions. If they did, they at all events shrank from expressing them openly and fully, and left the faithful to draw their own deductions as to the causes and consequences of such an order. Time, however, familiarized the minds of ardent churchmen with the idea, and it was seen that if the practice thus enjoined was correct, doctrine must be made to suit and to justify it. To this end an additional stimulus was afforded by the failure of the canon to accomplish the results anticipated from it, for the custom of sacerdotal marriage was as yet by no means eradicated. The council of Liége, held by Innocent II. in 1131, referred to in a preceding section, and those of Clermont and Rheims, over which he likewise presided, in 1130 and 1131, show how little had been accomplished, and how generally the clergy of Europe disregarded the restrictions nominally imposed upon them, and the punishments which they so easily escaped.[781] In the canons of these councils not only is it observable that the question of marriage and celibacy is treated as though it were a matter now for the first time brought to the attention of the clergy, but also that the innovation attempted by the council of Lateran, only seven or eight years previous, is prudently suppressed and passed over without even an allusion.