804 THE MIDDLE AGES. A.D. 1049-1294.
thorities venturing to cite clerics to appear before them in curred the same penalty.1 Such legislation did not, how ever, bring complete immunity from injury or exempt church property from spoliation. In England, Thomas a Becket is the most noteworthy example. A bishop of Caithness had his tongue cut out. A Spanish bishop received the same treatment at the hands of a king of Aragon. In Germany, Bishop Dietrich of Naumburg, a learned man, was murdered. 1123 ; as were also Conrad, bishop of Utrecht, 1099 ; Arnold, bishop of Merseburg, 1126, and other bishops. Lawrence, archdeacon of York, was murdered in the vestibule of his church by a knight. The life of Norbert of Magdeburg was attempted twice.2 The principle which the Church recog nized in the punishment of clerical crimes was laid down by Ccelestin III., 1192. Theft, homicide, perjury, or other "mortal crimes" were punished with deposition. If the priest persisted in committing offences, he was excommuni cated and, at last, turned over to the state for punishment.3
There was no little complaint against the application of the canon law. Roger Bacon complained bitterly against the time given to its study in Bologna. He declared its study was obliterating the distinction between the clerical and lay professions. The doctors of law called themselves clerks though they had not the tonsure and took to them selves wives. He demanded that, if clergymen and laymen were to be subjected to the same law, it should be the law of England for Englishmen, and of France for Frenchmen and not the law of Lombardy.
Clerical manners were a constant subject of conciliar action. Ordination afforded no immunity from vanity and love of ostentation. The extravagance of bishops and other clergy in dress and ornaments gave rise to much scandal. The
iClermont, 1095, 1130; Rheims, 1131, 1148; Second Lat., Third Lat., can. 12, etc.
2 Innocent III. Ep., V. 79 ; M. Paris, IV. 578 ; Hauck, IV. 83 sqq. ; M. Paris, IV. 496; vita Norberti, 18. Salembene reports the murder of a bishop of Mantua in a political quarrel. Coulton's ed., p. 35.
3 Greg., Decret., II. 1, 10, Friedberg's ed., II. 242.
§ 126. THE LOWER CLERGY. 805
Third Lateran sought to check vain display by forbidding a retinue of more than 40 or 50 horse to archbishops, 25 to cardinals, and 20 or 30 to bishops. Archdeacons were re duced to the paltry number of 5 or 7 and deans to 2. There was some excuse for retinues in an age of violence with no provision for public police. The chase had its peculiar fasci nation and bishops were forbidden to take hounds or falcons with them on their journe}rs of visitation. Dogs and hunting were in localities denied to clergymen altogether.1
The fondness of the clergy for gay apparel was often re buked. In Southern France, clergymen ventured to wear red and green colors and to substitute for the close-fitting garment the graceful and flowing open robe. They followed the fashions of the times in ornamenting themselves with buckles and belts of gold and silver and hid the tonsure by wearing their hair long. They affected the latest styles of shoes and paraded about in silk gloves and gilded spurs, with gilded breastbands on their horses and on gilded saddles.2
Full as the atmosphere of the age was of war-clamor, and many warring prelates as there were, the legislation of the Church was against a fighting clergy. The wearing of swords and dirks and of a military dress was repeatedly for bidden to them. Wars for the extermination of heresy were in a different category from feuds among Catholic Christians. It was in regard to the former that Peter des Roches, bishop of Winchester, said, "As for the enemies of Christ, we shall slay them and purify the face of the earth, that the whole world may be subject to one Catholic Church and become one fold and one shepherd."3 Priests were prohibited from attend ing executions, and also tournaments and duels, on the ground that these contests presented the possibility of untimely death to the contestants. In case a combatant received a mortal wound he was entitled to the sacrament but was denied
1 Third Lat. , etc.
2 Fourth Lat., can. 16; Soissons, 1079, London, 1102, 1175; Rheims, 1171 ; Paris, 1212 ; Montpellier, 1215, etc. Innocent III.'s letters also make reference to the worldly garb of the priests. See Hurter, III. 391.
8 M. Paris, an. 1238.