Cities of God: The Religion of the Italian Communes 1125-1325

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approved association, merely a certified profession of vows.^66 Some married


conversi continued to live together, on their own, as a couple. In the mid-


1200 s, Bishop Guercio of Lucca ordered married couples who wished to


enter the penitential state and pledge chastity to execute a legal instrument


to that effect. Their parish priest would make this public by announcing,


four times a year, the names of those so vowed.^67


The older practice of married penitents, still active in secular life and


work, declined slowly. Although the ‘‘Memoriale’’ of 1221 did not yet require


abstinence from marriage, it had always been implicit in the assimilation of


conversi to those under canonical penance. Gregory IX, Innocent IV, and


Martin IV all assumed chastity as the normal state for penitents, although


this may have extended only to abstinence on fast days.^68 Common opinion


considered it pretty much normative for conversi to forsake marriage and


take vows of celibacy. In 1228 , Dominican leadership warned friars about


accepting vows of celibacy from undirected young penitents.^69 The midcen-


tury canonist Hostiensis concluded that, legally speaking, anyone—even a


rusticus—who pledged chastity, even within marriage, and vowed obedience


to the rector of a church or became a member of a hospital confraternity


under direction of a bishop was entitled to the canonical status of a ‘‘reli-


gious,’’ just like members of formal religious orders.^70 Celibate penitents


commonly withdrew from worldly affairs and attached themselves to local


churches.^71 If anything, the identification of celibacy with penance increased


during the thirteenth century, perhaps because of the growing number of


female penitents, since sexual abstinence was always more typical of wom-


en’s piety than of men’s.^72


To churchmen, vows of celibacy made the penitent; to the city, it was


forfeiture of private property and dependence on an ecclesiastical living. In


1233 , Parma issued the earliest extant communal legislation on the privileges


and obligations of penitents, at the request of the Franciscan Fra Gerardo of


Modena. The city pledged generally to observe penitent privileges, without


specifying any in particular. Legislation of 1248 shows that one privilege


intended was exemption from military service. This was not granted, how-


ever, to penitents who remained householders, lived with their wives, and


reared children.^73 Bologna considered someone a true ‘‘penitent,’’ or ‘‘con-



  1. ‘‘Cartulaire,’’ Meersseman,Dossier, 180 – 220.

  2. Lucca Synod ( 1253 ), 13 , pp. 56 – 57 , invokingX 2. 24. 23 – 25. For similar fourteenth-century legisla-
    tion at Lucca, see Osheim, ‘‘Conversion,’’ 374 – 76.

  3. Meersseman, ‘‘Penitenti,’’ 336 – 37.

  4. Meersseman,Dossier, 22.

  5. Hostiensis (Enrico of Susa),Summa Aurea(Venice: Junta, 1581 ), 3. 3 , fol. 193 vb, reprinted in ibid.,



  6. Meersseman, ‘‘Penitenti,’’ 336 ; Meersseman,Ordo, 1 : 43 – 57.

  7. Dyan Elliott,Spiritual Marriage: Sexual Abstinence in Medieval Wedlock(Princeton: Princeton University
    Press, 1993 ), 196 – 205.

  8. Parma Stat.i, 200.

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