BRGÖ 2019 Beiträge zur Rechtsgeschichte Österreichs

Miroslav LYSÝ, Pressburg Christian Morals and the Ideal of Chastity as reflected in Medieval Hungarian Sources

This paper discusses the origin of the idea of chastity and sexual rigorousness in relation to the society of the Slovak territory in the early . The oldest sources are the so-called Moravian-Pannonian Legends, namely the Life of Constantine and the Life of Method. The above-mentioned outlook of the author is to be found in Moravian legal texts where sexual crimes and their punishments are of great importance. While the idea of chastity and sexual rigorousness had an important place in legal texts of the 9th century, this topic is represented rather briefly in the legends. The opposite can be observed in the period of the dynasty of Arpád in the Hungarian Kingdom, where we encounter two legends originally based on the above-mentioned ideas. To us, these legends are known as the Legend of Saint Emeric and the Legend of Saint Margaret. Emeric was described as a ’s son who decided to remain a virgin for his entire life. He took this decision despite his status as the heir to the throne and a married man. Mar- garet spent her short life in a monastery and the legend does not only describe her repugnance to marriage, but also her unattractive looks and disregard towards personal hygiene. Keywords: Arpádians – chastity – legends – – sexual rigorousness

In this paper, we will attempt to examine the could generally differ from the attitudes of lay- influences of canon law and Christian norms on men. Even though this postulate is hard to prove the normative systems of archaic communities, directly (the authors are usually unknown and and the relationship between them. We will see lay authors are rare in our environment), in our how these systems came into the conflict, per- view, it is seen as very probable. haps in the same way, as an ideal (normative The relationship between the ideals framed by imperative) and a reality. As the object of inter- Christianity and criminal law in the past is not est is a barely Christianized society in , easy to describe. Still, it is useful to mention that we can confront this material with that from the the societies of the early or high Middle Ages 9th century, when Christianization on the territo- did not know the term criminal law. What exist- ry of Moravia came through and the territory of ed was simply the law, and members of society was under the influence of the distinguished between the right and the wrong, Cyrillo-Methodian mission. We will try to find and the right could be violated. Law was rather out the extent to which it is possible to find simi- a procedural tool for remedy. Therefore, it was larities between the two countries. easier to terminologically grasp Christian Law,1 The majority of the written (especially narrative) sources from the early and high Middle Ages 1 The (or members of the Cyrillo- were created by clerics, who no doubt derived Methodian mission, but perhaps general the Slavs) expressed their Christian faith with the term their stances and value judgements from their ЗАКОНЪ (law). See: Žitije Konstantina, c. 14, in: status, education and position in the church BARTOŇKOVÁ, Magnae Moraviae fontes historici II, 99. hierarchy. Therefore, their value judgements http://dx.doi.org/10.1553/BRGOE2019-1s50 Christian Morals and the Ideal of Chastity in Medieval Hungarian Sources 51 distinct from archaic law not only by the content sanctions (reformation), the latter was directed of the rules, but also by its strictness and the not only to a less severe judging of women, but ways of their enforcing.2 obviously contained also the institute of the The relationship of domestic customary (archa- right to asylum. Not only particular individuals ic) law and canon law was a relationship of were affected in the former, but claiming reme- competing, mutually antagonistic rules that dy (in the form of killing the adulteress) was the could differ not only in respect to disposition, matter of the entire clan, who collectively bore but also regarding the sanctions. These two sys- obligations and claimed rights. Similarly, the tems coexisted side by side, influencing one “damage” was claimed collectively from Adal- another while modifying and getting accus- bertsʼs family, who were to be held liable for tomed to the oncoming social changes. To un- Adalbertʼs decision to shield the woman and derstand the conflicting systems that were con- thus to prevent her beheading. The blood feud trary to one another, we can retell the conflict towards Adalbertʼs family members was com- between the archbishop Adalbert and pleted at the Slavnik castle at Libice, leading in the that ended with the murder of his turn to the departure of Adalbert from Bohe- family and his own retreat from Bohemia. What mia.4 Adalbert disliked in the first place were the non- This case from the late 10th century resembles in canonical marriages among the Czechs; howev- some features the fate of the Hungarian Queen er, he also was keen on collecting decimae and Gertrude, the wife of Andrew II (1205–1235). erecting churches. The Hungarian Chronicon Pictum asserts that The most serious controversy, however, was the she had forced the wife of Banus Bank to com- conflict between Adalbert and a Czech clan due mit adultery. Bank decided to take revenge to a noble woman who had committed adultery against the Queen directly and he succeeded by with a cleric. Adalbert decided to hide this killing her with a sword. The chronicler then woman in a monastery in order to save her life only vaguely mentions the bloodshed in the while being aware of the possibility of being Bank clan (he came from the Bor family).5 killed by the mob and thus to obtain martyrdom The severity of these archaic rules was simply for himself. However, the family of the deceived based on the notion described by Hans Hatten- husband told Adalbert that the revenge should hauer as the non-existence of mercy – if such a not fall upon Adalbert himself but on his broth- law was breached (and so was the divine order), ers, their wives and children, as well as on their property. Meanwhile, the adulteress was found 4 Convincing analysis of this event made by TŘEŠTÍK, kneeling at the altar, and beheaded.3 This story Zápisník a jiné texty 195–204. TŘEŠTÍK, Co se stalo 28. actually expresses the conflict between the ar- září 995?. 5 Chronici Hungarici compositio saec. XIV., c. 174, in: chaic law of the Czech Slavs and canon law. The SZENTPÉTERY, Scriptores rerum Hungaricarum I, 464f: former comprised a merciless application of “Sed proh dolor, humani generis inimico procul du- bio stuadente uxorem Banc bani magnifici viri, domi- 2 For more details see GLUCHMAN, Kresťanstvo na memorata (Gertruda) vi tradidit cuidam suo fratri a morálka. hospiti deludendam. Quam ob causam idem Bank 3 Vita antiquior auctore Iohanne Canapario, c. 19, in: banus de genere Bororiundus suum gladium in regine PERTZ, Monumenta Germaniae historica 589f. Here, in sanguine miserabiliter cruentavitet diro vulnere sau- this part of the legend, Saint Emmeram of Regensburg ciatam anno Domini M-o CC. XII. interfecit. [...] Pro cultus is possibly reflected, as he defended the daugh- cuius nece vox flebilis insonuit in tota Pannonia et in ter of the Bavarian because of her fornication. omni genere Bank bani execrabilis et horrendas san- See TŘEŠTÍK, Počátky Přemyslovců 252. guinis effusio subsecuta.” 52 Miroslav LYSÝ man could not give up settlement in such a case. where the decision of Constantine-Cyril not to This actually meant that the goal of archaic law live in marriage is mentioned. Firstly, Constan- was not an effort to reform the sinner from tine reportedly had a dream where he was sup- whom no repentance was expected. The goal posed to choose among the girls of Thessaloniki, was to cure the wrong by redemption, which and he symbolically selected wisdom (i.e. he had nothing in common with a compensation chose none of them); this eventually led his par- for the damage caused, as compared to modern ents to send him to study.7 A similar concept can law.6 Canon law brought a new merit in the be found in the next chapter of the Life of Con- sense that the sinner (later denoted as perpetra- stantine, where the of Constantinople tor) was brought to the centre of the dispute and encouraged him to marry his goddaughter as his wrongdoing was to be judged from the view well as to obtain a considerable profane rank; of ethics. but when Constantine declined, he recommend- It is useful to supplement the sources of legal ed to him the profession of librarian.8 history (e.g. formal sources on the rise of law or Regarding moral wrongs, the Life of Method the sources on the knowledge obtained through contains a part on marriage entered into by rela- legal experience and activities) also with non- tives that breached canon law principles (it is legal sources of learning law, especially those not quite clear from the text whether these were concerning the periods where legal texts are a marriages of spiritual or blood-related rela- supplementary source of law only, or they do tives).9 It is interesting in this text that the not exist at all. It was the Slovak legal historian spouses were not punished by a secular power, Štefan Luby who in his time denoted legends which only supports the presumptions on diffi- and chronicles as the most significant non-legal culties in applying Christian rules in practice; sources of learning law. however, the couple was punished by “perdi- Although legends no doubt belong to the area of tion” and reportedly nobody was able to find non-legal texts, this should not cause us to mis- their dead bodies.10 understand their nature. Of course, their main The relationship between the prude Moravian role is to present the figure of the saint, his life archbishop Method and Svätopluk was some- and death; however, this text is also normative, times discussed;11 some sources depict as the saint’s life is depicted as worthy of being Svätopluk not very nicely. According to the Life followed, or at least honourable. It is not the of Clement, Svätopluk was a voluptuary de- saint himself who is worthy of being followed in pendent on women, wallowing in the mud of the first place, but rather the values represented by him. This statement applies especially when we presume that a considerable discrepancy between the real life and the picture of the saint 7 Žitije Konstantina c. 3, in: BARTOŇKOVÁ, Magnae could have existed, which was caused by the Moraviae fontes historici II, 62f. effort of the author of the text of the legend to 8 Ibidem, c. 4 66 f. 9 have the exemplary life of the saint stand out. Žitije Mefodija, c. 11, in: BARTOŇKOVÁ, Magnae Mo- raviae fontes historici II, 157. Regarding the relationship to marital and 10 Ibidem, c. 11, 158. Let us mention that the purpose spousal life it is good to bring to notice the parts of the eleventh chapter of the Life of Method was to from the hagiographic texts of Great Moravia prove the prophetic nature of the Moravian archbish- op. 11 E.g. TŘEŠTÍK, Počátky Přemyslovců 283; KUČERA 6 HATTENHAUER, Evropské dějiny práva 16. Kráľ Svätopluk 102. Christian Morals and the Ideal of Chastity in Medieval Hungarian Sources 53 loathsome lecheries12 so much as to lose his tent for ten years.16 Adultery of women or men common sense.13 Of course, the Life of Clement should be punished less strictly, by seven years was written from a considerable distance as for (of penitence).17 The Nomocanon’s article 41 time and place, based on the works of emigrants prohibited adultery of a cleric’s wife from Moravia who obviously shared the view of (ПРЄЛЮБЪІ СТВОРИТЬ in the original18); the a sinful character of the Moravian Prince husband involved could either not be ordained Svätopluk. Therefore, it does not make sense to canonically, or – in case he was already ordained dispute the authenticity and reliability of this – had to repudiate his wife.19 It was very strictly source; it will be sufficient to emphasize that the forbidden in the Nomocanon to repudiate a wife author’s goal was the denunciation of the Latin and take a new one; wives were forbidden to party in Moravia led by the sovereign himself, marry again without producing a reliable attes- and he did so by using the dirty sexual urges of tation about the death of the former husband.20 the Prince. In comparison, the Moravian legal Article 42 contains a ban for fiancées that had texts of the 9th century strongly emphasized been kidnapped and raped; they should be re- rigorousness toward sex. This can be seen also turned to their fiancés. As for the commence- in the text of Anonymous Homily where the ment of marriage, there is an interesting ban on author (probably the archbishop Method) stress- concluding a marriage without consent of the es, using the words of the Apostle Paul, that parents or lords, otherwise such a marriage “fornication, and all uncleanness, or covetous- would be considered fornication.21 If we pass on ness, let it not be once named among you, as to other articles of the Nomocanon, we can read becometh saints” (Eph 5: 3).14 The same appeal ecclesiastical regulations on such circumstances was contained in Jesus’ quotation from the Gos- as when a person entered into marriage several pel of Matthew, saying that “whosoever shall times. In principle, the opinion on the third con- put away his wife, except it be for fornication, nubium was negative, whereby more connubia and shall marry another, committeth adultery” were considered skulduggery (СКОТЬСКО), (Mt 19: 9), because “[w]hat therefore God hath worse than fornication. The ban concerned also joined together, let not man put asunder” (Mt the bathing together of men and women. In con- 19: 6).15 trast, article 43 was more benevolent towards Eventually, sexual delicts were mentioned in the the intention to commit fornication if this sin did translation of the Nomocanon into Old Church not materialise, because obviously the person Slavonic, where several articles dealt with sexual was absolved of this thanks to divine grace.22 offenses. For example, the Nomocanon’s Article More serious wrongs against Christian morals 40 contains ecclesiastical sanctions for women were resolved further in article 44, like “mar- who killed children born from adultery, or in- riage with two brothers” or “marriage with two duced abortion, for which they should be peni- sisters” (even at different times), incest (includ-

16 Ibidem 337. 12 Βίος Κλήμεντος c. 18, in: BARTOŇKOVÁ, Magnae 17 Ibidem 337. Moraviae fontes historici II, 213. 18 For the linguistic character of the Nomokanonʼs 13 Ibidem, c. 31, 225. articles see JÁGER, Nomokánon 253f. 14 Vladykamъ zemlę, in: HAVLÍK, Magnae Moraviae 19 Nomokanon 41 in: HAVLÍK, Magnae Moraviae fon- fontes historici IV, 201f. tes historici IV, 338. 15 Ibidem. This Bible verse is quoted in the Nomocan- 20 Ibidem 339f. on, too. See Nomokanon 41, in: HAVLÍK, Magnae Mo- 21 Ibidem 340–342. raviae fontes historici IV, 338. 22 Ibidem 342–344. 54 Miroslav LYSÝ ing with a step-mother), a (second) marriage pean conditions and may have been linked with between father-in-law and daughter-in-law, or the negative tradition on Svätopluk. It is the sodomy (sexual intercourse with animals).23 labelling of Svätopluk as a slave of sexual drives A rich catalogue of sins in the Nomocanon, re- towards women that proves the entrenchment of lating to sexual delicts of both laymen and cler- the rules on sexual strictness among clerics. ics, together with other sources indicates consid- The continuity of Christianity in the territory of erable attention given to sexual strictness in the contemporary between the 9th century 9th century under the impact of the Cyrillo- and the Hungarian kingdom has been described Methodian mission. The legal text can be seen as many times. As for church administration, the developing the rules contained in hagiographic possibility of maintaining the tradition of the texts (of course, the Life of Method originated diocese can be considered,26 however, the only later24), and thus hagiographic texts had continuity of maintaining the Christian belief become the key normative text bringing to un- can be safely taken for granted; it can also be derstanding the sense of Christian rules in the proven by the original Slavonic terminology society of neophytes, as Moravia was in the 9th found in the Hungarian language. Contacts be- century after its Christianisation.25 The tension tween originally terminol- between normativity and reality was great. This ogy and the Hungarian language could have is reflected in the considerable number of sexual occurred not only in the territory of contempo- wrongs in legal texts, as well as in the condem- rary Slovakia, but also in Pannonia, populated nation of Prince Svätopluk in the Life of Clem- by Slavs to a great extent, which was also influ- ent, which, although originating in a Bulgarian enced by the mission of Constantine and Meth- cultural environment, in its normative nature od. quite satisfactorily responded to Central Euro- New stimuli of Christianity came to Hungary from abroad in many respects. The fact was that many strangers came to the royal court of King 23 Ibidem 342–347. and his successors (their reflections in 24 The origin of the Nomocanon was studied by sever- al authors, who usually based on a linguistic analysis Hungarian sources will be discussed later) and assume that this text was created as late as after 873, these strangers were often the authors of our when Method came from imprisonment in Bavaria. literary and legal sources, which will be ana- This conclusion is based on the Moravian character of lysed further on. Although a combination of the Nomokanonʼs terminology that could be only used after long-term commorancy in Moravia. VAŠI- both Western (Latin) and Eastern (Byzantine) CA, Literární památky 63; STANISLAV. Starosloviensky impacts can be observed in Moravia, the Byzan- jazyk I, 208f.; KIZLINK, Právo Veľkej Moravy 462. tine influence in its written sources apparently 25 The origins of Christianity in Moravia were a much- prevailed. In contrast, Byzantine influences in discussed question; the semi-official year is 831 and it is preserved in the tradition of Passau. Historia Hungary can be deemed marginal. Still, many episcoporum Pataviensium et ducum Bavariae ad a. 838, in: WAITZ, Monumenta Germaniae historica, 620: “Reinharius archiepiscopus Laureacensis et Pata- 26 The first bishop of the Nitrian church was Wiching, viensis apostolus Maravorum obit.” Notae de mentioned in the papal letter Industrię tuę of 880 AD. episcopis Pataviensis, in: ibidem 623: “Regenharius BARTOŇKOV, Magnae Moraviae fontes historici III, episcopus Matavorum baptizat omnes Moravos.” 205. “Ipsum quoque presbiterum nomine Uuichinus, Bernardi Cremifanensis historiae ad aa. 818–838 in: quem nobis direxisti, electum episcopum consecravi- ibidem 655: “Item Renharius episcopus baptizat om- mus sanctę ecclesię Nitrensis.” For the question of nes Moravos.” For an analysis of these sources, see church administration continuity, see MARSINA, Ob- DITTRICH, Christianity in Great-Moravia 61–65. novenie Nitrianskeho biskupstva 35–45. Christian Morals and the Ideal of Chastity in Medieval Hungarian Sources 55 similarities can be seen in respect to sexual dently longing for an unmarried life”, and short- strictness. ly before his death he tried to reach Rome in The most interesting material is presented by order to become a monk.30 This would actually legends depicting the Arpád dynasty. It should have implied that he had never been married. be noted that a considerable number of saints Another legend on Wenceslaus, the Legend of (compared to other European dynasties) came Christian, indicates the opposite; that Wences- from this large family (Saint King Stephan, Saint laus was in fact married but kept “chastity”.31 Prince Emeric, Saint Ladislaus, Saint Elisabeth of Contrary to the author of “Crescende fide”, the Thuringia, Saint Margaret). When leaving out St. author of Christian’s legend was writing under Elisabeth,27 legendary in the German-speaking the pressure of domestic tradition, and this did world, and ignoring St. Stephan legends, as they not allow him to describe Wenceslaus’ family are not subject of this paper, quite an interesting life in such a contradiction to reality.32 matter remains in the form of two legends that We can consider and interpret the text based on are also related to one another by topic. an analogy on Saint Wenceslaus and the inter- The first example is the Legend of St. Emeric, pretations arising from contradictions between son of Stephan I (997–1038), describing his life. the normativity of the Legend text and the his- The legend was written prior to Emetic’s beatifi- torical facts in the Legend of St. Emeric. As in cation in 1083, as Emeric himself died even be- the case of Saint Wenceslaus, also here a certain fore Stephan’s death in 1031. It is important to time passed between the death and the writing mention that his death was much too profane of the legend. In the case of Emeric it is about for a saint28 and earlier authors have pointed to half a century. It reduces the authenticity of the this discrepancy between the ascetic and secular source, while not reducing the normative au- Emeric, placing the picture of Emeric into thority of the Legend. broader analogies of ascetic persons from sover- The Legend of St. Emeric describes two remark- eign houses in Europe (Saint Olaf, Saint Ed- able facts linked to sexual morals. The first is mund, Saint Wenceslaus, Saint Boris and Gleb).29 depicted in the second chapter of the Legend, It is the Czech analogy with Saint Wenceslaus which contains the story of a common visit of that is interesting, because the figure of Saint King Stephan and his son Emeric to a Benedic- Wenceslaus is in fact – similar to Saint Emeric – tian monastery of Saint Martin in Pannonhalma, known solely from legends. Here, Wenceslaus is during which the father and son were warmly depicted as a saint who had been forced to per- welcomed by the local monks, and, according to form the obligations of a monarch. Thus, we can tradition, the line of monks greeted them with read an absurd hyperbolae created by the author kisses. Young Emeric did not kiss the monks of the Legend, according to whom he was “ar- evenly; one of them was kissed seven times, while another one only once. When later Steph- 27 Still we can observe in her legend an obvious em- an asked about that, he received the response phasis on the immateriality of love between her and her husband, the Duke of Bavaria (Vita S. Elisabethae 30 Crescente fide, in: EMLER, Fontes rerum Bohemicar- 53–55). um I, 185. 28 Emeric died in a hunting accident. Annales Hildes- 31 Legenda Christiani, c. 6., LUDVÍKOVSKÝ, Vita et pas- heimenses ad a. 1031, in: WAITZ, Scriptores rerum sio sancti Wenceslai 64: “Procerus vultu, castitatem Germanicarum 36: “Et Heinricus, Stephani regis filius, aplectens, quamvis hec rara uxoratis ...” dux Ruizorum, in venatione ab apro discissus, periit 32 For an analysis of Wenceslausʼ personality based on flebiliter mortuus.” legends and for other literature, see TŘEŠTÍK, Počátky 29 See MIKLÓS, Monachizmus. Přemyslovců 375–388. 56 Miroslav LYSÝ from his young son Emeric that the monk who was reportedly heard, saying: “Most glorious is received seven kisses had led a virginal life.33 virginity, I demand virginity of soul and body Two strange elements are mentioned in the text. from You. Make this sacrifice and maintain it.”34 The first is the boyish age of Emeric, who obvi- Paradoxically, Emeric was married and alt- ously, according to the legendist, was aware of hough his wife’s identity is rather vague, report- the meaning of virginity. The other, and much edly, she was a virgin from a noble ruler’s more interesting phenomenon, is the uninten- house; in relation to her he preferred, as the tional revelation of the situation among the Legend says, virginal life to royal posterity. We monks in the monastery, where celibacy should may doubt the wording of the Legend (was not have been the rule. The author’s note indicates providing posterity one of the most important that celibacy could have been rather an excep- roles of the successor to the throne?), but the tion, not the rule. legend picturesquely describes the “admirable- In chapter four of the Legend, Emeric found ness of juvenile chastity”, which demanded himself in the Church of Saint George in giving up human nature, so that they both were Veszprém. Emeric – now an adult – says his able to “despise the pleasure of married spous- prayers in the church and while he was contem- es” or “reject the loveliness of children”. The plating how he could prove his devotedness to future holiness should be substantial.35 God, suddenly the voice of the Supreme Lord In view of the values expressed, the text of this Legend may serve as a proof that marital and 33 Legenda s. Emerici ducis 2, in: SZENTPÉTERY, family life did not belong to traditional Christian Scriptores rerum Hungaricarum II, 452: “Quodam values in the past. This example can show, con- tempore, cum beatus rex Stephanus ad ecclesiam trary to the perhaps prevailing contemporary beati Martini, quam ipse in Sancto Monte Pannonie inchoaverat et egregia monachorum congregatione opinion, the dynamics of Christian values in decoraverat, una cum filio causa orationis advenit, historical development. Its substance was not to sed rex sciens pueri precellens meritum, onorem, adore family and marital cohabitation, but the quem (sic) eum decuit, inpendit filio. Nam cum pre- opposite: the life outside of marriage. The ex- dicti fratres peracta processione salutaturi regem accessissent, propter reverentiam filium suum prem- planation was quite simple, namely a general isit ad salutandum. Puer autem Henricus spiritu sanc- disgust with the shedding of body liquids to repletus, prout divina revelante sibi gratia singulo- (blood and sperm) leading to an express ban on rum merita noverat, singulis inequaliter oscula dis- doing so, especially among clerics (oratores), tribuit. Alii siquidem unum, alii tria, alii vero quinque, postremo uni VII oscula continuavit. Quam where abstaining from physical fights and rem, ceteris intuentibus, beatus rex Stephanus tacite admirabatur, familiarique colloquio, finita missa, cur illis inequaliter oscula distribuisset, diligenter ab eo 34 Legenda s. Emerici ducis 4, in: ibidem 453f.: “Con- sciscitatus est. Beatus itaque Henricus singulorum tigit autem, ut dum nocte quadam orationis causa merita coram patre pertractans, videlicet quanto tem- secreto, uno totum (sic) contentus famulo, vetustis- poris spatio singuli in virtute continentie perstitissent simam et antiquissimam, que in Besprimiensi civitate sub ea consideratione se plura aliis et pauciora aliis ad honorem pretiosissimi Christi Georgii fabricata est, oscula dedisse edocuit, eumque cui septena multi- intraret ecclesiam, ibique orationi vacando, quid ac- plicaverat oscula virginalem vitam perduxisse asse- ceptabilius offerret deo, penes se retractaret, subito ruit. O excitatrix omnium virtutum gratia, que nostre lumen cum ingenti claritate totum ecclesie circumful- angustias nature habundanter excedis, que profunda sit edificium, in quo vox divina in supernis sic in- misteria revelas parvulis, tu beato Henrico magistra sonuit: „Preclara est virginitas, virginitatem mentis et affuisti, tu ei liberam de ocultis aliorum intelligentiam corporis a te exigo. Hanc offer, in hoc persta proposi- contulisti. Huius autem interne revelationis veritas to”. hoc modo est comperta in eo.” 35 Ibidem 454–456. Christian Morals and the Ideal of Chastity in Medieval Hungarian Sources 57 avoiding sexual desires were expected. Life in that may bring us to reasonable doubts regard- marriage alone was not deemed worth follow- ing the reliability of individual aspects of this ing, however, it was acceptable at least, if per- source, where the creator of the so-called basic formed within an indivisible Christian marriage. legend was Margaret’s confessor Marcellus. He Thus, the hierarchy of the allowed sexual con- recorded her life since her birth through her life duct had been formed: complete chastity in the in a monastery, until her death, which occurred first place within virginal life, widows’ chastity at around the same time as that of her father. in the second place and chastity within marriage Margaret, similarly to Emeric, to whom the leg- in the third place only.36 Marriage became a not end refers,39 devoted her life to the monastery too preferred tool to manage oneself, where and the chaste life of a confessor. Unlike Emeric, theology created an “ordo conjugatorum” and she was not intended to live a secular life, there- where a possibility to regulate sexual life exist- fore this does not sound so improbable. Howev- ed, too. Also, here it was necessary to avoid an er, Margaret was twice offered as a wife by her excessive sexual urge, because as Saint Augus- father; once a marriage to the Prince of Poland tine had already noted, even the one “who loves was considered and once to the King of Bohemia his wife too passionately, is a sinner”. Church Přemysl Otakar II. According to the legend, she Fathers did not warn in vain that even the con- declined both options.40 ception of children does not happen without Margaret’s chastity was hyperbolized in the 37 sin. legend by her affection for dirty attire and an Therefore, this part of traditional European unattractive appearance and poverty. In addi- Christianity can be felt from the Legend of Saint tion, she strongly disliked to get washed more Emeric, before it was supressed by the urban than above her knees, so she was reported not to societies of the late Middle Ages, where sexuali- have taken a bath for seventeen years, not even ty ceased to be perceived as a necessary wrong after she had recovered from her frequent health that should be rather avoided; instead societies conditions.41 begun to focus on suppressing the forbidden forms of sexuality. 39 Vita beatae Margitae de Hungaria, c. 12, in: Before the aforementioned approach prevailed CSEPREGI, KLANICZAY, PÉTERFI, Legenda vetus 58, 60: in Europe, another remarkable source was pre- “Revolvebat crebrius secum et conferebat cum aliis interdum progenitorum suorum vitam et vite sancti- served in Hungary, i.e. the Legend of Saint Mar- tatem: Beati scilicet Stephani, primi regis et apostoli garet, daughter of the Hungarian King Bela IV Ungarorum, cuius fidem et catholice fidei predica- (1035–1070). This legend is full of inaccuracies38 tionem, qua suam convertit gentem ab ydulorum cultura, ecclesia narrat vulgarica; Beati Henrici, filii eiusdem Sancti Stephani regis sanctissimam virgini- 36 It is quite interesting that the Legend of Saint Emer- tatem, qui cum haberet sponsam nobilissimam, ut- ic, which is in favour of chastity and sexual absti- pote filiam imperatoris Romanorum divinitus facta nence, significantly emphasised the birth of Jesus sibi revelatione, ut in eius gestis habetur, virginalem from a womb that was virginal, i.e. of chaste character cunctis diebus vite sue cum sua sponsa illibatam and uncharged with original sin. Legenda s. Emerici servavit castitatem, quod maxime testimonio eiusdem ducis 5, in: ibidem 455. sponse sue fuit post obitum suum efficaciter compro- 37 LE GOFF, TRUONG. Tělo ve středověké kultuře 34–37; batum.” From this text we can see that the author ROSSIAUD, Sexualita. directly knew and used the Legend of Saint Emeric, as 38 For example, her putative prophecy on a result of he quoted its fifth chapter, depicting the testimony of the battle between King Bela IV and the Austrian Emetic’s wife on their common life. Duke Frederick II Babenberg. See PRAŽÁK, Legendy 40 Ibidem, c. 16, 64, 66. a kroniky 156. 41 Ibidem, c. 10, 55. 58 Miroslav LYSÝ

Both legendary texts from the 11th and 13th cen- of Peter Orseolo (1038–1041, 1044–1046) de- turies prove the influence of the ideal of chastity scribes very colourfully and with extraordinary and sexual rigorousness, which could be seen as bias the reasons for the discontent of the Hun- suggested in the Life of Constantine. Moral rules garians with Peter, who had established a tyr- could have been contrasted with legal texts in anny where nobody could have relied on the the case of the Moravian legends, which, how- innocence of his wife, daughter and sister as ever, can be rather difficult for the Arpád House they were reportedly abused by the King’s period. For example, the entire Regestrum men.46 Varadiense comprises dominating violent and It could be questionable whether in this case the property crimes, while the list of sexual wrongs indignation over the cruelties of Peter Orseolo is limited to mere adultery (adulteria).42 The and his men resulted from the prude or from Arpádian codes are also rather limited in this natural attitudes to violence committed towards respect, as sexual wrong can only be found in women, typical of every society. After all, the the ban on kidnapping girls.43 Otherwise, these author’s goal was an effort to draw (and no codes contain predominantly the rules that doubt to exaggerate) humiliation on Peter’s could be part of contemporary family law, not men, moreover the strangers. The text contains criminal law. It is in particular the principle of nationally stressed stereotypes of “Germans, the indivisibility of marriage in Coloman’s laws, roaring like wild animals” and on “Italians, twit- stipulating the impossibility of a wife abandon- tering away like swallows”, who were said to ing her husband, but not vice versa. Therefore, have committed sexual assaults, and Peter was marriage could be terminated after certain pre- supposed to pass over the country to the Ger- requisites had been met: infidelity on the part of mans.47 When reading these statements, it must the wife, repeated sanction of slavery; as for the be remembered that it was not only a stereotypi- wife, a second marriage was possible in the case cal attitude towards strangers (what worse can of a husband’s wrongful abandonment.44 strangers do than to rape “our” women?), but Thus, it is reasonable to supplement these apparent is also the literary topos known in the wrongs with equally interesting information Central European environment from very simi- from the Hungarian chronicles. Initially, we lar stories on the rise of the Kingdom of Samo. should mention the part of the Hungarian They were recorded in two sources independent chronical composed in the 14th century which is the basis for the history of Hungary in the 11th

th 45 and 12 centuries. The part relating to the rule rozprávacie pramene 171, the author of Gesta should have used for his purposes some older source from 42 KARÁCSONYI, BOROVSZKY, Regestrum Varadiense the mid-11th century, too. 268. 46 Chronici Hungarici compositio saec. XIV, c. 71, in: 43 Zákony kráľa Štefana I., 25, in: SEGEŠ, ŠEĎOVÁ, Pra- SZENTPÉTERY, Scriptores rerum Hungaricarum I, 323: mene k vojenským dejinám Slovenska 21. “[...] nullusque eo tempore tutus esse poterat de pu- 44 See analysis in: LUBY, Dejiny súkromného práva dicitia uxoris sue vel filie seu sororis virginitate insul- 319f. tus satellitum regis, qui eas impune violabant.” It is 45 Let us not forget that this source one way or another remarkable that the author of the Hungarian Gesta originated from the unpreserved work Gesta Hunga- overwrote information on Peter Orseolo’s govern- rorum Vetera from the period of the reign of King ment using a source from the Roman-German Em- Louis I. See PRAŽÁK, Legendy a kroniky 13 and Žitije pire, where such an abuse is in Orseolo’s case not Konstantina, in: BARTOŇKOVÁ, Magnae Moraviae depicted. Therefore, it is necessary not to trust the fontes historici II, 31. Here is also another piece of Hungarian source. literature. According to MARSINA, Stredoveké uhorské 47 Ibidem.

Christian Morals and the Ideal of Chastity in Medieval Hungarian Sources 59 from one another, the so-called Fredegarʼs her when she was committing adultery and chronicle and the Russian Tale of Bygone Years. dismissed her from the marriage. The author of Both sources attempted to describe reasons for the Chronicle stresses that the King applied no the rebellion of the Slavs against the Avars that violence when doing so, and emphasises that were seen in the Avarian supremacy. According this did not occur contrary to law (sine lege); no to the Tale of Bygone Years from the beginning divorce occurred, but separation only due to her of the 12th century, it was manifested by the har- sin (non ipse ab ea se separavit). The law (lex) assment of Slavic Dudlebes by the Avars thus sent her back to her homeland, where she (Объре) and the violence towards Dudlebian gave birth to her son Boris out of wedlock.50 women who were to serve as beasts of draught Ostensive emphasis on compliance with the law to Avars.48 Other types of violence towards Slav- seems to reflect the background of King Co- ic women are mentioned in the source of the loman. The Hungarian Chronicler obviously time, Fredegarʼs chronicle. According to its au- disliked him; he depicted him as weak, sly and thor, Avars (Chuni) used to come to the Slavs to docile, dishevelled, hairy, half-blind, hunch- spend winter there, taking their wives and backed, lame and mumbling.51 On the other daughters. Descents of Avars and Slavs rebelled hand, the Polish Chronicler Gallus Anonymus then against the Avars, creating the Kingdom of described him as a ruler who outclassed other Samo.49 kings in respect of education52 (no wonder that There is no use in analysing the veraciousness or he was nicknamed ‘the Bookish’); moreover, truthlessness of the tales of enslaved Slavs and before he became king, he had been a bishop in Dudlebian sexual slaves or the winter habits of Varadine, and obviously he was well aware of the Avars. We can only assume that such tales family law rules. Similarly, he knew the family could reflect reality at least partially. They need law rules listed in the Arpadian codes, and some not be rejected only because they look like stere- of them can be also found in the Coloman code. otypes. They seem to be much more credible When referring to these rules, it should be said than the Hungarian source marked by the au- that the developing canon law had to compro- thor’s national bias, while apparently manipu- mise the issue of the indivisibility of marriage, lating with his information. Therefore, we shall considering the possibilities of a newly Chris- find dubious the demands of the author of the tianised society.53 The church not always acted Hungarian Gesta of the 11th century (the original in line with the monarch, as monarchs them- text for the Compilation of Chronicles of the 14th selves had their own interests to enforce. As an century) not only in respect of its historical au- example, some monarchs directly refused to thenticity, but also in view of Christian morals. enter into marriage (the Hungarian King Steph- Much closer to our topic is the story of the sec- an II, 1116–1131, who rejected to get married, ond wife of the Hungarian King Coloman, who preferring the life with mistresses and prosti- came to Hungary from the Kievan Rus. Accord- tutes). It was eventually the Hungarian nobility ing to the Hungarian Chronicle, the King caught which decided to bring the daughter of King of

48 Latopis Nestora, c. 8, in: BIELOWSKI, Monumenta Poloniae historica 557. For an analysis of the problem, 50 Ibidem, c. 149, 429. see ZÁSTĚROVÁ, Avaři a Dudlebové 15–37. 51 Ibidem, c. 143, 421. 49 Chronicarum quae dicuntur Fredegarii scholastici 52 Galli chronicon II, 29, in: BIELOWSKI, Monumenta libri IV cum Continuantibus, IV, 48, in: KURSCH, Poloniae historica 448. Scriptores rerum Merovingicarum 144f. 53 LUBY, Dejiny súkromného práva 319. 60 Miroslav LYSÝ

Apulia Robert Guiscard to become Stephan’s Korrespondenz: wife.54 Doz. Dr. Miroslav LYSÝ As we can see, the material in non-legal sources Comenius University, Faculty of Law of the Hungarian Middle Ages is quite abun- Department of Legal History and Comparative Law dant. Not taking into account the question Šafárikovo námestie č. 6, P.O.BOX 313 810 00 , Slovakia whether it is possible to verify the content, they [email protected] should be deemed reliable sources in respect of ORCID-Nr. 0000-0002-4242-240X their normative binding force and point to hy- pothesis on the parallel effect of the rules of both archaic law and canon law in the early and high Abkürzungen: Middle Ages. Siehe das allgemeine Abkürzungsverzeichnis: [http://www.rechtsgeschichte.at/files/abk.pdf]

54 Chronici Hungarici compositio saec. XIV, c. 154, in: SZENTPÉTERY, Scriptores rerum Hungaricarum I, 437: “Rex autem Stephanus legittimam nolebat ducere uxorem, sed concubinis meretricibus iunctus erat. Quare barones et optimates dolentes de regni desola- tione et regis sterilitate duxerunt ei uxorem dominam nobilissimam, filiam regis Robert Viscardi de Apulia.” Christian Morals and the Ideal of Chastity in Medieval Hungarian Sources 61

Literatur: ID., Obnovenie Nitrianskeho biskupstva, in: Nitra v najstarších dokumentoch a písomnostiach (do Dagmar BARTOŇKOVÁ et al. (eds.), Magnae Moraviae konca 13. storočia). Zborník príspevkov z konfer- fontes historici, vol. II: Textus biographici, hagi- encie, ktorá sa konala v aule Teologického ographici, liturgici (Brno 1967). inštitútu Sv. Gorazda v Nitre dňa 14. decembra ID. et al. (eds.), Magnae Moraviae fontes historici, 2006 (Nitra 2007) 35–45. vol. III: Diplomata, epistolae, textus historici varii Péter MIKLÓS, A monachizmus és a tisztaság erénye (Brno 1969). Szent Imre herceg legendájában, in: Aetas 17/3 August BIELOWSKI (ed.), Monumenta Poloniae his- (2002) 89–96. torica, vol. I (Lwów 1864). Georgius Heinricus PERTZ (ed.), Monumenta Ger- Ildikó CSEPREGI, Gábor KLANICZAY, Bence PÉTERFI maniae historica, Scriptorum IV (Hannoverae (eds.). Legenda vetus, Acta processus canoniza- 1841). tionis et Miracula Sanctae Margitae de Hungaria Richard PRAŽÁK (ed.). Legendy a kroniky koruny (–New York 2018) uherské (Praha 1988). Zdeněk R. DITTRICH, Christianity in Great-Moravia Jacques ROSSIAUD, Sexualita, in: Jacques LE GOFF, Jean- (Groningen 1962). Claude SCHMITT (eds.), Encyklopedie středověku Josef EMLER (ed.), Fontes rerum Bohemicarum, vol. I. (Praha 2002) 641–648. (Pragae 1873). Vladimír SEGEŠ, Božena ŠEĎOVÁ (eds.), Pramene Vasil GLUCHMAN, Kresťanstvo a morálka v stredo- k vojenským dejinám Slovenska, vol. I/2: 1000– európskej politike 9. storočia, in: Konštantínove 1387 (Bratislava 2011). listy, 10/2 (2017) 62–74. Ján STANISLAV, Starosloviensky jazyk, vol. I. (Bratisla- Hans HATTENHAUER, Evropské dějiny práva (Praha va 1978). 1998). Emericus SZENTPÉTERY (ed.), Scriptores rerum Hun Lubomír HAVLÍK et al. (eds.), Magnae Moraviae fontes garicarum tempore ducum regumque stirpis historici, vol. IV: Leges, Textus iuridici, Supple- Arpadianae gestarum, vols. I–II (Budapestini menta, (Brno 1971). 1937–1938). Róbert JÁGER, Nomokánon. Právnohistorická analýza Dušan TŘEŠTÍK, Počátky Přemyslovců. Vstup Čechů a transcript (Banská Bystrica 2017). do dějiny 530–935 (Praha 1997). Joannes KARÁCSONYI, Samuel BOROVSZKY (eds.), ID., Zápisník a jiné texty k dějinám (Praha 2008). Regestrum Varadiense examinum ferri candentis ID., Co se stalo 28. září 995 na Libici?, in: Jiří K. KROU- ordine chronologico digestum (Budapest 1903). PA et al. (eds.), Po stopách svatého Vojtěcha (Praha Karel KIZLINK, Právo Veľkej Moravy, in: Právnické 2014) 63–71. štúdie 17 (1969) 433–490. Josef VAŠICA, Literární památky epochy vel- Matúš KUČERA, Kráľ Svätopluk (830? – 846 – 894) komoravské (Praha 1966). (Martin 2010). Vita S. Elisabethae viduae landgraviae Thuringiae, Bruno KURSCH (ed.), Scriptores rerum Merovin- ducis Saxoniae, Hassiae principis et comitis palat- gicarum, vol. II: Fredegarii et aliorum Chronica. inae, nec non B. Margarithae virginis quarum illa Vita sanctorum (Hannoverae 1888). Andreae II. haec Belae IV. Hungariae regum filia erat. Ex mss. codicibus eruta, ac praeviis disserta- Jacques LE GOFF, Nicolas TRUONG, Tělo ve středověké tionibus illustrata (Tyrnaviae 1770). kultuře (Praha 2003). Georg WAITZ (ed.), Scriptores rerum Germanicarum Štefan LUBY, Dejiny súkromného práva na Slovensku in usum scholarum ex Monumentis Germaniae (Bratislava ²2002). historicis recuse (Hannoverae 1878). Jaroslav LUDVÍKOVSKÝ (ed.), Vita et passio sancti Wen- ID. (ed.), Monumenta Germaniae historica, Scripto- ceslai et sancte Ludmile ave eius (Prague 2012). rum, vol. 25 (Hannoverae 1880). Richard MARSINA, Stredoveké uhorské rozprávacie Bohumila ZÁSTĚROVÁ, Avaři a Dudlebové v svědectví pramene a slovenské dejiny, in: Zborník Slov- Povesti vremennych let, in: Vznik a počátky Slo- enského národného múzea 78 (1984) 171. vanů, vol. III (Praha 1960) 15–37.