There may be something perhaps still remaining for remark under this head, even after Du Cange’s “Dictionary” and the “Encyclop?dia.” We may observe, for instance, that so wonderful was the respect paid to learning, about the eleventh and twelfth centuries, that a custom was introduced and followed in France, in Germany, and in England, of remitting the punishment of the halter to every condemned criminal who was able to read. So necessary to the state was every man who possessed such an extent of knowledge. William the Bastard, the conqueror of England, carried thither this custom. It was called benefit of clergy —“beneficum clericorum aut clergicorum.”

We have remarked, in more places than one, that old usages, lost in other countries, are found again in England, as in the island of Samothrace were discovered the ancient mysteries of Orpheus. To this day the benefit of clergy subsists among the English, in all its vigor, for manslaughter, and for any theft not exceeding a certain amount of value, and being the first offence. The prisoner who is able to read demands his “benefit of clergy,” which cannot be refused him. The judge refers to the chaplain of the prison, who presents a book to the prisoner, upon which the judge puts the question to the chaplain, “Legit?” “Does he read?” The chaplain replies: “Legit wt clericus.” “He reads like a clergyman.” After this the punishment of the prisoner is restricted to the application of a hot branding iron to the palm of his hand.
Of the Celibacy of the Clergy.

It is asked whether, in the first ages of the Church, marriage was permitted to the clergy, and when it was forbidden? It is unquestionable that the clergy of the Jewish religion, far from being bound to celibacy, were, on the contrary, urged to marriage, not merely by the example of their patriarchs, but by the disgrace attached to not leaving posterity.

In the times, however, that preceded the first calamities which befell the Jews, certain sects of rigorists arose — Essenians, Judaites, Therapeut?, Herodians; in some of which — the Essenians and Therapeut?, for examples — the most devout of the sect abstained from marriage. This continence was an imitation of the chastity of the vestals, instituted by Numa Pompilius; of the daughter of Pythagoras, who founded a convent; of the priests of Diana; of the Pythia of Delphos; and, in more remote antiquity, of the priestesses of Apollo, and even of the priestesses of Bacchus. The priests of Cybele not only bound themselves by vows of chastity, but, to preclude the violation of their vows, became eunuchs. Plutarch, in the eighth question of his “Table-talk,” informs us that, in Egypt, there are colleges of priests which renounce marriage.

The first Christians, although professing to lead a life as pure as that of the Essenians and Therapeut?, did not consider celibacy as a virtue. We have seen that nearly all the apostles and disciples were married. St. Paul writes to Titus: “Choose for a priest him who is the husband of one wife, having believing children, and not under accusation of dissoluteness.” He says the same to Timothy: “Let the superintendent be the husband of one wife.” He seems to think so highly of marriage that, in the same epistle to Timothy, he says: “The wife, notwithstanding her prevarication, shall be saved in child-bearing.”

The proceedings of the Council of Nice, on the subject of married priests, deserve great attention. Some bishops, according to the relations of Sozomen and Socrates, proposed a law commanding bishops and priests thenceforward to abstain from their wives; but St. Paphnucius the Martyr, bishop of Thebes, in Egypt, strenuously opposed it; observing, “that marriage was chastity”; and the council adopted his opinion. Suidas, Gelasius, Cesicenus, Cassiodorus, and Nicephorus Callistus, record precisely the same thing. The council merely forbade the clergy from living with agapet?, or female associates besides their own wives, except their mothers, sisters, aunts, and others whose age would preclude suspicion.

After that time, the celibacy of the clergy was recommended, without being commanded. St. Jerome, a devout recluse, was, of all the fathers, highest in his eulogiums of the celibacy of priests; yet he resolutely supports the cause of Carterius, a Spanish bishop, who had been married twice. “Were I,” says he, “to enumerate all the bishops who h............