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 Middle Ages. 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 monarch’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 – Moravia – 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 Hungary, 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 Central Europe 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 Moravians (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 Prague archbishop Adalbert and pleted at the Slavnik castle at Libice, leading in the Czechs 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 duke 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 logothete 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.