An Historical Sketch of Sacerdotal Celibacy in the Christian Church

by Henry Charles Lea

So open and avowed was the shame of the church that the Neapolitan code, promulgated about 1231 by the enlightened Frederic II., absolutely interfered to give a quasi legitimacy to the children of ecclesiastics, and removed, to a certain extent, their disability of inheritance. The imperial officials were ordered to assign appropriate shares in parental estates to such children, notwithstanding their illegitimacy, conditioned on the payment of an annual tax to the imperial court; and parents were not allowed to alienate their property to the prejudice of such children, any more than in cases of the offspring of lawful wedlock.[839] The numbers and influence of the class thus protected must indeed have been great to induce such interference in their favor.

We have already seen ecclesiastical authority for the assertion that in the Spanish Peninsula the children sprung from such illicit connections rivalled in numbers the offspring of the laity. That they were numerous elsewhere may be presumed when we see Innocent IV., in 1248, forced to grant to the province of Livonia the privilege of having them eligible to holy orders, except when born of parents involved in monastic vows,[840] for necessity alone could excuse so flagrant a departure from the canons enunciated during the preceding two centuries. A similar conclusion is deducible from the fact that in the municipal code in force throughout Northern Germany during the thirteenth and fourteenth centuries, they were deemed of sufficient importance to be entitled to a separate place in the classification of wer-gilds, or blood-moneys; while the aim of the lawgiver to stigmatize them is manifested by his placing them below the peasant, deeming them superior only to the juggler;[841] and that this was not a provision of transient force is clear from the commentary upon it in a body of law dating from the end of the fourteenth century.[842] Nor is the evidence less convincing which may be drawn from the use of the old German word pfaffenkind, or priest’s son, which became generally used as equivalent to bastard.[843] It would not, indeed, be difficult to understand the numbers of this class of the population if ecclesiastics in general followed the example of Henry III., Bishop of Liége, whose natural children amounted to no less than sixty-five.[844]

The direct encouragement thus given to illicit connections, by providing for the children sprung from them, neutralized one of the principal modes by which the church endeavored to suppress them. The innumerable canons issued during this period, forbidding and pronouncing null and void all testamentary provisions in favor of concubines and descendants, prove not only how much stress was laid upon this as an efficient means of repression, but also how little endeavor was made by the guilty parties to conceal their sin. As all testaments came within the sphere of ecclesiastical jurisdiction, it would seem that there should have been no difficulty in enforcing regulations of this kind, yet their constant repetition proves either that those who were intrusted with their execution were habitually remiss, or else that the popular feelings were in favor of the unfortunates, and interfered with the efficacy of the laws.

A single instance, out of many that might be cited, will illustrate this. In 1225 the Cardinal-legate Conrad held, at Mainz, a national council of the German empire, of which one of the canons declared that, in order to abolish the custom of ecclesiastics leaving to their concubines and children the fruits of their benefices, not only should such legacies be void, but those guilty of the attempt should lie unburied, all who endeavored to enforce such testaments should be anathematized, and the church where it was permitted should lie under an interdict as long as the wrong was permitted.[845] The terrible rigor of these provisions shows how deep seated was the evil aimed at; nor were they uncalled for when we see a will, executed in 1218 by no less a personage than Gotfrid, Archdeacon of Wurzburg, in which he leaves legacies to the children whom he confesses to have been born in sin, and of whom he expects his relatives to take charge.[846] Had any earnest attempt been made to enforce the canons of the Legate, they would have been amply sufficient to eradicate the evil; yet their utter inefficiency is demonstrated by the council of Fritzlar in 1246, and that of Cologne in 1260. The former of these was held by the Archbishop of Mainz; it has no canons directed against concubinage, which was as public as ever, but it deplores the dilapidation of the temporalities of the church by the testamentary provisions of priests in favor of their guilty partners and children, and it repeats, with additional emphasis, the regulations of 1225.[847] The latter renews the complaint that priests not only continue their evil courses throughout life, but are not ashamed, on their death-beds, to leave to their children the patrimony of Christ; and another provision is equally significant in forbidding priests to be present at the marriages of their children, or that such marriages should be solemnized with pomp and ostentation.[848] The following year another council, held at Mainz, repeated the prohibition as to the diversion of church property to the consorts and natural children of priests;[849] while that regarding the solemnization of their children’s marriages was renewed by the synod of Olmutz in 1342.[850] In 1416 the synod of Breslau deplored that the old canons were forgotten and despised, and that priests were not ashamed to bequeath to their bastards accumulations of property which would form fit portions for lofty nobles.[851] How thoroughly in fact it was deemed a matter of course for the children of ecclesiastics to marry well and to have good dowries, is to be seen in Chaucer’s description of the wife of “deinous Simekin”, the proud miller of Trompington:——

“A wif he hadde, comen of noble kin;

The person of the toun hire father was.

With hire he yaf ful many a panne of bras,

For that Simkin shuld in his blood allie.

She was yfostered in a nonnerie.” (The Reves Tale.)

As time wore on, and the clergy, despite the innumerable admonitions and threats which were everywhere showered upon them, persisted in retaining their female companions, they appear, in some places, to have gradually assumed the privilege as a matter of right; and, what is even more remarkable, they seem to have had a certain measure of success in the assumption. In 1284 the Papal Legate, Gerard Bishop of Sabina, at the Council of Amalfi, renewed and strengthened the decretals of Alexander III. respecting the concubinary priests of the Neapolitan provinces, ordering the ejection of all who should not separate from their partners within a month, suspending all prelates who should neglect to enforce the rule, and fining heavily those who, as in so many other places, made the frailties of their subordinates a source of filthy gain.[852] The severity of these provisions was as unsuccessful as usual, and at length the secular power endeavored to come to the assistance of the ecclesiastical authorities. The pious Charles the Lame of Naples, whose close alliance with Rome rendered him eager in everything that would gratify the head of the church, about the year 1300 imposed a heavy fine on the concubines of priests if they persisted in their sin for a year after excommunication. This law, like so many similar ones, soon fell into desuetude, but in 1317, under his son Robert the Good, the justiciary of the Principato Citra undertook to put it into execution. In the diocese of Marsico the clergy openly resisted these proceedings, boldly laid their complaints before the king, and were so energetic that Robert was obliged to issue an ordinance directing the discontinuance of all processes before the lay tribunals, and granting that the concubines should be left to the care of the ecclesiastical courts alone. These women thus, by reason of their sinful courses, came to be invested with a quasi-ecclesiastical character, and to enjoy the dearly prized immunities attached to that position, at a time when the church was vigorously striving to uphold and extend the privileges which the civil lawyers were systematically laboring to undermine. Nor was the pretension thus advanced suffered to lapse. Towards the close of the same century, Carlo Malatesta of Rimini applied to Ancarono, a celebrated doctor of canon and civil law (“juris canonici speculum et civilis anchora”), to know whether he could impose penalties on the concubines of priests, and the learned jurist replied decidedly in the negative; while other legal authorities have not hesitated to state that such women are fully entitled to immunity from secular jurisdiction, as belonging to the families of clerks—de familia clericorum.[853] When a premium was thus offered for sin, and the mistresses of priests—like the maîtresses-en-titre of the Bourbons—acquired a certain honorable position among their fellows from the mere fact of their ministering to the unhallowed lusts of their pastors, it is not to be wondered at if such connections multiplied and flourished, and if the humble laity came to regard them as an established institution.