But a still higher authority was placed in the hands of the bishop, derived in fact from the assumed pre-eminence of the ecclesiastical over the secular power. If the geréfa would not do justice, and maintain the peace in the land, then the bishop was especially commanded to enforce the fines which the king and his witan had apportioned to that officer’s offence[[891]]. It was no doubt argued that no geréfa would be found bold enough to incur the danger of offering violent resistance to the sacred person of the prelate; and even the ealdorman, who might have set the king at defiance, would tremble to encounter the substantial terrors of excommunication and a laborious penance.
The high station occupied by the bishop in the social hierarchy is proved by the amount of his wergyld and of the fines assigned to offences against his honour, his person, and his property. Although the bishop and the presbyter are in fact but of one order in the church, yet the state found it convenient to place the former on much the higher scale. In the “North-people’s law” an archbishop is reckoned upon the same footing as an æðeling or prince of the blood, at fifteen thousand thrymsas, and a bishop upon the same footing as an ealdorman at eight thousand. The breach of a bishop’s surety or protection, like the ealdorman’s, rendered the offender liable to a fine of two pounds, which in the case of an archbishop rose to three[[892]]. He that drew weapon before a bishop or ealdorman was to be mulcted in one hundred shillings, before an archbishop, in one hundred and fifty[[893]]. Under Ini the violence done to a bishop’s dwelling, and the seat of his jurisdiction, was to be compensated with one hundred and twenty shillings, while the ealdorman’s was protected by a fine of only eighty: in this the episcopal dignity was placed upon a level with that of the king himself[[894]]. Similarly Wihtrǽd had declared his mere word, without an oath, to be like the king’s, incontrovertible.
The ecclesiastical functions of the bishops were here the same as elsewhere. To them belonged the ordination of priests and deacons, the hallowing of chrism, the ceremonies of confirmation, the consecration of churches and churchyards, nuns and monks; they had a right to regulate the lives and conversation of their clergy, to superintend the monastic foundations, and in general to watch that every detail of the ecclesiastical establishment was duly regarded and maintained. In their peculiar synods they could frame canons of discipline, to be enforced in the several dioceses. They were the receivers-general of all ecclesiastical revenue, which they distributed to the inferior clergy under their government, according to certain specified regulations; providing out of the common fund for the due maintenance of the priests, the buildings, and minor accessories required for decent celebration of the rites of religion.[[895]]
But the most important of their functions was that which is technically called iurisdictio fori interni, their jurisdiction in matters of conscience, their dealing with the motives and feelings, rather than the acts of men. This—which practically they exercised through the several presbyters who were, for the general convenience, dispersed over the face of the country,—was the true source of their power, and measure of their social influence. Positive law deals only with the actions of men, and then only when they are perfected or completed: religion regulates the inward impulses from which those actions spring, and its authority extends both before and beyond them: intention, not act, is its proper province. But the secret intentions and motives of men are known perfectly to God alone; the man himself may, and often does possess but an indistinct and fallacious notion of his own impulses; and as it is in these, rather than in the acts which are their results, that the essence of guilt lies, the Christian was taught to unbosom himself to one of more experienced and disciplined feelings;—one whose profession was to console the distracted sinner, and who, on genuine repentance, was empowered to announce the glad tidings of reconciliation with God. Confession of sins was the mode pointed out by the founder of the church, to obtain the blessings of almighty mercy; but how were the ignorant, the obstinate, or the despairing to know the right manner of such confession? How could they know in what form confession was effectually to be made to God? How could they, plunged in sin and foulness, dare to approach the source of all purity and holiness? What hope could the grovelling outcast have of being admitted to the throne of his glorious King, even for the purpose of renouncing his state of rebellion and apostasy? But the glorious King was a merciful sovereign, who had commissioned certain of his servants, reconciled sinners themselves, to be intermediaries between his own majesty and the terror-stricken offender: they had been sent forth armed with full power to receive the submission which the guilty feared to offer to Himself in person, furnished with instructions as to the exact mode in which the satisfactory propitiation was to be made. These commissioners were the especial body of the clergy,—the successors and representatives of the Levitical Priests under the Law,—the offerers of the sacrifices,—to whom the spirit of God had been exclusively communicated in the ceremony of their ordination, and who thereby became possessors of the divine authority, to bind and loose, to forgive sins on earth and in the world to come. The clergy therefore undertook to direct the suffering and heart-broken outlaw to the throne of peace. Again, as the merely human preacher of atonement possessed of himself no means of ascertaining the genuineness of repentance, a system of penances was established which might serve as a test of the penitent’s earnestness: and too soon a miserable error grew up that, by submitting to self-inflicted punishments, the sinner might diminish the weight of the penalties which he had earned in a future state. But he might exceed or fall short of the just measure, if not duly weighed and apportioned by those who were in possession of the divine will in that respect: men had even without their own knowledge become holy and justified by their works of self-abasement and humiliation and charity: such men might exceed the necessary limit of penance and mortification:—happily for the sinner and the saint, the priest had a code of instructions at hand by which the difficulties in all cases could be readily adjusted.
These codes of instructions, known by the names of Confessionalia, Poenitentialia, Modus imponendi Poenitentiam, and the like, were compiled by the bishops, to whom the iurisdictio fori interni was exclusively competent, as soon as the episcopal system became firmly settled. The presbyter exercised it only as the bishop’s vicar, when it became inconvenient for the penitent to visit a distant cathedral or metropolis. The episcopal right was open to every bishop: each one might, if he dared, embody his own ideas on the subject in a code, which would derive its authority from conformity to the recognised customs of the church, the personal reputation of its author, and the general acceptance by his episcopal peers throughout the world. The differing circumstances of differing states of society required skilful adaptation of general rules; and therefore any bishop who felt in his conscience that he was qualified for the task, might bring the light of his wisdom to the consideration of this weighty matter, and make such regulations as to himself seemed good, for the management of his own diocese,—certain that, if the blessing of God rested upon his endeavours, his views would be widely circulated and adopted by his neighbours. There is perhaps no more melancholy evidence in existence of the vanity and worthlessness of human endeavours than the celebrated works which thus arose in various parts of Europe; and nothing can demonstrate more strikingly the folly and wickedness of squaring and shaping the unlimited mercy of God by the rule and measure of mere human intelligence. With the contents of these Poenitentials we have of course not here to deal; but I am bound to say that I know of no more fatal sources of antichristian error, no more miserable records of the debasement and degradation of human intellect, no more frightful proofs of the absence of genuine religion. It was the evil tendency of those barbarous early ages not to be satisfied with the simple promises of divine mercy, and faith was clouded and confused by the crowd of incongruous images which were raised between itself and its all-glorious object. At one time terrified by the consciousness of sin, at another deluded by the cheap hope of ceremonial justification, the human race eagerly rushed to multiply the means of salvation, and franticly rejoiced in the establishment of a host of mediators between themselves and their crucified Redeemer, between the frightened but unconverted sinner, and his offended Lord and Maker. The pure Word of God was not then, as it now is, accessible to every reader; and those whose duty it was to proclaim what the mass of men could not obtain access to themselves, had erred into a devious labyrinth of traditions, through which the weary wayfarer circled and circled in endless, objectless gyrations, at every turn more distant only from the goal he pursued. Pure and good were no doubt the objects sought by Cummian, and Theodore and Ælfríc, and pious the spirit in which they wrought; but the foundation of their house was upon sand, and when the rains fell and the tempests roared around it vanished in a moment from before the sight of God and man, never to be reconstructed, even until the closing of the ages.
The sources of revenue by which the bishops supported their temporal power will be considered in a subsequent chapter: it is enough that we find them to have been amply endowed with fitting means, in every part of Europe. During the Anglosaxon period, poverty and self-denial were not the characteristics of the class, however they may have distinguished certain members of the body. Nor will the philosophical enquirer see cause for regret in this: far more will he rejoice in the establishment of any system which tends to draw closer the bonds of intercourse between the clerical and lay members of the church, which leads to the identification of their worldly as well as their eternal interests, and unites them in one harmonious work of praise and thanksgiving, one active service of worship and charity and love, before the face of Him in whom they are united as one holy priesthood. It is the separation of the clergy from the laity, as a class, to which the world owes so many ages of misery and error; and to the comparative union of both orders in the church, we may perhaps attribute the general quiet which, in these respects, characterized the Anglosaxon polity. On these points of separation I shall also have something to say hereafter; but for the present one more subject alone remains to be treated of in this chapter, the last but not least remarkable function of the episcopal authority and power. By far the most important point of the public ecclesiastical jurisdiction,—for the iurisdictio fori interni is quite another thing,—lay in the questions of marriage, which were especially reserved for the bishop’s cognizance. The prohibitions which the clergy enforced were obviously unknown to the strict Teutonic law, which permitted considerable licence in these respects. From Tacitus we learn that a sort of polygamy was not unknown on the part of the princes; it was probably looked upon as a useful mode of increasing the alliances of the tribe[[896]],—the only conceivable ground on which it could have been allowed by a race so strict in the observance of marriage. We do not know within what degrees the Germans permitted unions which the Roman clergy considered incestuous, but we do know that Gregory considered a relaxation of the strict rule necessary to the success of Augustine in Britain; that he gave the missionary positive instructions upon the subject, and, when blamed by his episcopal brother of Messina for this concession, justified his course by the danger which he apprehended for his plan of conversion, if the prejudices of the Saxons on so vital a point were too hastily shocked[[897]]. From these directions of Gregory we learn not only that the marriage of first cousins was common, but—what is much more surprising—that the marriage with a father’s widow was so likewise. Nor can we doubt this, when we not only find recorded cases of its occurrence, but when we have a Teutonic king distinctly affirming it to be the legal custom of his people: in the sixth century Ermengisl king of the Varni can say, “Let Radiger my son marry his step-mother, even as our national custom permits[[898]];” and therefore when we find Beda speaking of a similar marriage, and declaring Eádbald to have been “fornicatione pollutus tali qualem nec inter gentes auditam Apostolus testatur, ita ut uxorem patris haberet[[899]],” or Asser on another such occasion saying that it was “contra Dei interdictum, et Christianorum dignitatem, nec non et contra omnium Paganorum consuetudinem,” we can only suppose that they either did not know, or that they deemed it advisable not to recognise, the ancient heathen practice.
In both the cases referred to, the obvious scandal was put a stop to by the separation of the parties[[900]],—Eádbald being evidently led to this step by superstitious fears, rather than submitting to an episcopal authority exercised by Laurentius. It is certainly strange in the case of Æðelbald, if there really were a separation, that we hear nothing of the interference of the Church to produce so important an event.
We learn that by degrees the time arrived at which the clergy thought themselves strong enough to insist upon a stricter observance of the canonical prohibitions, and various instances are on record where their intervention is mentioned, to separate persons too nearly connected by blood. It is probable that many more of these are intended than we actually know; for unhappily the monkish writers are over-fond of using strong expressions both of praise and blame, and not rarely fling pellex scortum and concubina at the heads of women who were for all that, legally speaking, very honest wives. One celebrated case has obtained a worldwide reputation,—that of Eádwig, the details of whose unhappy fate will probably for ever remain a mystery. Political calculations, and unreconciled national jealousies were in all probability the mainsprings of the events of his troublous life; but that which lends it all its romance—his separation from Ælfgyfu—was the act of a prelate determined upon upholding the ecclesiastical law of marriage. It is to be regretted that we do not know the exact degree of relationship between the royal victims. It may have been too close, in the eyes of the stricter clergy; yet we cannot close our eyes to the fact that it was long acquiesced in by the English nobles; nor, had Eádwig shown himself more pliant to the pretensions of Dúnstán, might we ever have heard of it at all. History, deprived of all its materials, will here fail to do even late justice to the sufferers; but it will not fail to stamp with its enduring brand the brutal conduct of their persecutors[[901]]. However conscientious may have been the intentions of archbishop Oda, it is to be lamented that a stain of barbarous cruelty attaches to his memory, for the part he took in this transaction. It he found it inevitable, after two years of wedded life further to humiliate his already humbled sovereign, by insisting upon the removal of his young consort, it was not necessary to disfigure her with hot searing-irons, or on her return from exile to put her to a cruel death. The asceticism of the savage churchman seems here to have been embittered by even less worthy considerations.
The history of mediæval Europe show’s with what awful effect this tremendous power was wielded by unscrupulous popes and prelates, whenever it suited their purposes not to connive at marriages which, according to their teaching, were incestuous. But amidst the striking cases on record—the cases of kings and nobles—we look in vain for a true measure of the misery which these prohibitions must have entailed upon the humbler members of society, who possessed neither the influence to compel nor the wealth to purchase dispensations from an arbitrary and oppressive rule. The sense and feeling of mankind at once revolt against restrictions for which neither the law of God, nor the dictates of nature supply excuse, and which resting upon a complicated calculation of affinity, were often the means of betraying the innocent and ignorant into a condition of endless wretchedness. But they were invaluable engines of extortion, and instruments of malice; they led to the intervention of the priest with the family, in the most intolerable form; they furnished weapons which could be used with almost irresistible effect against those whom nothing could reach but the tears perhaps and broken heart of a beloved companion. And therefore they were steadily upheld till the great day of retribution came, which involved so many traditions of superstition and error, so many engines of oppression and fraud, in one common and undistinguishing ruin: τὰ πρὶν δὲ πελώρια νῦν ἀϊστοῖ—things mighty indeed have perished away from the world; but thrice blessed was the day which left us free and unshackled to pursue the noblest and purest impulses of our human nature.