THE INQUISITION OF THE MIDDLE AGES

BOOK 1 - ORIGIN AND ORGANIZATION OF THE INQUISITION

CHAPTER I

THE CHURCH IN THE TWELFTH CENTURY

8

SEXUAL DISORDERS.

On no point were the relations between the clergy and the people more delicate than on that of sexual purity. I have treated this subject fully in another work, and can be spared further reference to it, except to say that at the period under consideration the enforced celibacy of the priesthood had become generally recognized in most of the countries owing obedience to the Latin Church. It had not been accompanied, however, by the gift of chastity so confidently promised by its promoters.

Deprived as was the priesthood of the gratification afforded by marriage to the natural instincts of man, the wife at best was succeeded by the concubine; at worst by a succession of paramours, for which the functions of priest and confessor gave peculiar opportunity. So thoroughly was this recognized that a man confessing an illicit amour was forbidden to name the partner of his guilt for fear it might lead the confessor into the temptation of abusing his knowledge of her frailty.

No sooner had the Church, indeed, succeeded in suppressing the wedlock of its ministers, than we find it everywhere and incessantly busied in the apparently impossible task of compelling their chastity—an effort the futility of which is sufficiently demonstrated by its continuance to modern times. The age was not particularly sensitive on the subject of female virtue, but yet the spectacle of a priesthood professing ascetic purity as an essential prerequisite to its functions and practicing a dissoluteness more cynical than that of the average layman, was not adapted to raise it in popular esteem; while the individual cases in which the peace and honor of families were sacrificed to the lusts of the pastor necessarily tended to rouse the deepest antagonism.

As for darker and more deplorable crimes, they were sufficiently frequent, not alone in monasteries from which women were rigorously excluded; and, moreover, they were committed with virtual immunity. Not the least of the evils involved in the artificial asceticism ostensibly imposed on the priesthood was the erection of a false standard of morality which did infinite harm to the laity as well as to the Church. So long as the priest did not defy the canons by marrying, everything could be forgiven. Alexander II, who labored so strenuously to restore the rule of celibacy, in 1064 decided that a priest of Orange who had committed adultery with the wife of his father was not to be deprived of communion for fear of driving him to desperation; and, in view of the fragility of the flesh, he was to be allowed to remain in holy orders, though in the lower grades. Two years later the same pope charitably diminished the penance imposed on a priest of Padua who had committed incest with his mother, and left it to his bishop whether he should be retained in the priesthood. It would be difficult to exaggerate the disastrous influence on the people of such examples.

Yet perhaps the most efficient cause of demoralization in the clergy, and of hostility between them and the laity, was the personal inviolability and the immunity from secular jurisdiction which they succeeded in establishing as a recognized principle of public law. While this was doubtless necessary for the independence, and even for the safety of a presumably peaceful class in an age of violence, it worked unhappily in a double sense. The readiness with which acquittal was obtainable in ecclesiastical procedure by canonical purgation, or the "wager of law," and the comparative mildness of the penalties in case of completion, relieved the ecclesiastic in great measure from the tensors of the law, and removed from him the necessity of restraining his evil propensities. At the same time it attracted to the Church vast numbers of worthless men, who, without abandoning their worldly pursuits, entered the lower grades and enjoyed the irresponsibility of their position, to the injury of its character and the detriment of all who came in contact with them.

How, in maitaining its privi1eges, the Church habitually threw its aegis over those least deserving of sympathy, is well illustrated by the intervention of Innocent III in favor of Waldemar, Bishop of Sleswick. He was the natural son of Cnut V of Denmark, and had headed an armed insurrection against Waldemar II, the reigning king, on the suppression of which he was cast into prison. Innocent demanded his liberation, as his incarceration was a violation of the immunities of the Church. Waldemar naturally hesitated thus to expose his kingdom to the repetition of revolt, and Innocent at first modified his command in so far as to order the offender conveyed to Hungary and liberated there, promising that he should not be permitted again to disturb the realm; but he subsequently evoked the case to Rome, where, in spite of the bishop being the offspring of a double adultery and thus ineligible to holy orders, and in spite of the representations of the Danish envoys that he had been guilty of perjury, adultery, apostasy, and dilapidation. Innocent, in behalf of the liberties of the Church, restored him to his bishopric and patrimony, with the special privilege of administering it by deputy if he feared that residence would endanger his personal safety. When requested to decide whether laymen could arrest and bring before the episcopal court a clerk caught red-handed in the commission of gross wickedness, Innocent replied that they could only do so under the special command of a prelate—which was tantamount to granting virtual impunity in such cases.

A sacerdotal body, whose class-privileges of wrong-doing were so tenderly guarded, was not likely to prove itself a desirable element of society; and when the orderly enforcement of law gradually established itself throughout Christendom, the courts of justice found in the immunity of the ecclesiastic a more formidable enemy to order than in the pretensions of the feudal seigniory. Indeed, when malefactors were arrested, their first effort habitually was to prove their clergy, that they wore the tonsure, and that they were not subject to the jurisdiction of the secular courts, while zeal for ecclesiastical rights, and possibly for fees, always prompted the episcopal officials to support their claims and demand their release. The Church thus became re­sponsible for crowds of unprincipled men, clerks only in name, who used the immunity of their position as a stalking-horse in preying upon the community.

The similar immunity attaching to ecclesiastical property gave rise to abuses equally flagrant. The cleric, whether plaintiff or defendant, was entitled in civil cases to be heard before the spiritual courts, which were naturally partial in his favor, even when not venal, so that justice was scarce to be obtained by the laity. That such, in fact, was the experience is shown by the practice which grew up of clerks purchasing doubtful claims from laymen and then enforcing them before the Courts Christian—a speculative proceeding, forbidden, indeed, by the councils, but too profitable to be suppressed. Another abuse which excited loud complaint consisted in harassing unfortunate laymen by citing them to answer in the same case in several spiritual courts simultaneously, each of which enforced its process remorselessly by the expedient of excommunication, with consequent fines for reconciliation, on all who by neglect placed themselves in an apparent attitude of contumacy, frequently without even pausing to ascertain whether the parties thus amerced had actually been cited. To estimate properly the amount of wrong and suffering thus inflicted on the community, we must bear in mind that culture and training were almost exclusively confined to the ecclesiastical class, whose sharpened intelligence thus enabled them to take the utmost advantage of the ignorant and defenseless.

THE MONASTIC ORDERS.