Causa 32 of Gratian’s Decretum presents the following astonishing case:
A certain man, since he did not have a wife, joined to himself in marriage a certain prostitute. She was infertile, granddaughter of a freeman, daughter of a servile land-tenant. When her father wanted to hand her over to another man, her grandfather joined her to this [first] man, for the sole cause of sexual gratification. Then this man, motivated by repentance, began to seek children for himself from his own female slave. Then he felt convicted and worthy of punishment on account of his adultery, and so he solicited a certain man to force himself upon his wife so that he might therefore send her away [in divorce] … It is first asked whether a prostitute can licitly be taken in marriage. In the second place, whether she is properly to be called a wife who is taken purely for sexual gratification. Third, whose judgment a certain woman is to follow, that of a free grandfather or of a servile father. Fourth, if a man is permitted to seek children from a maidservant when his wife is still alive. Fifth, if a woman who is sexually assaulted is proven to have lost the virtue of modesty.Footnote 1
In his answer to the fifth question, as I have explored elsewhere, Gratian treats at length the question of a woman’s guilt in situations of rape.Footnote 2 In fact, this is the one question where Gratian addresses sexual assault directly, removed from conversations about raptus. His treatment represents an original contribution in the history of canon law because he applies to the woman of the case—a former prostitute and now legitimate wife—texts from the Christian tradition that had previously only been applied to consecrated virgins and female religious. Furthermore, in contrast to the vague and ambiguous treatment of the sexual assault of women, especially married women, in Roman law, Byzantine canon law, and earlier western canon law, all of which seemed to focus more on external circumstances to the act and the type of person being assaulted, Gratian narrowly focused his attention on one question: did the woman consent to the sexual act? If she did consent with her mind and will, then she would be guilty of fornication or, in the case of marriage, adultery. If not, no physical force could pollute her and render her guilty; the perpetrator alone bore guilt, and the accused could not be dismissed by her husband on grounds of adultery.
Gratian’s opening dictum within C.32 q.5 begins by stating: “That pudicitia cannot be violently snatched away is proven by the authorities of many.”Footnote 3 Then he says, “Even if the body is violently corrupted, if the pudicitia of the mind is preserved inviolate, chastity is doubled.”Footnote 4 He has a specific justification for making this claim, namely, the fact that an early Christian female martyr, Saint Lucy, purportedly claimed this very same thing:
Just as Blessed Lucy is purported to have said to Paschasius, ‘If you cause me to be violated unwillingly, chastity will be redoubled upon me for a crown.’ After all, God judges according to dispositions and wills.Footnote 5
Lucy is not quoted again in the question, but it is clear that this authority plays a major role in Gratian’s thinking about the woman in his Causa 32 and whether she can be held responsible for the sexual assault perpetrated upon her. Gratian’s reference to Saint Lucy deserves further consideration. Scholars have paid immense attention to Gratian’s canonistic sources and have uncovered his theological sources, including early forms of what would become the Glossa ordinaria on the Bible.Footnote 6 Here we have hagiographical and liturgical material, however, that informs Gratian’s categories and argumentation.
Legends about the saints had strong historical roots, but, as stories told and re-told in different places and various settings, they developed over time.Footnote 7 By the time of Jacobus de Voragine’s Legenda sanctorum (later known as the Legenda Aurea), compiled around 1260 more than a century after Gratian’s life, Lucy’s vita comprised several narrative elements.Footnote 8 Jacobus’s famous collection is ordered according to the liturgical year, beginning with the time from Advent to Epiphany that represents the historical age of humanity’s reconciliation to God through Christ.Footnote 9 Since Lucy’s feast day is December 13, she appears in this earliest section of the collection. Jacobus drew attention to her name’s connection with lux (light). She was the daughter of a noble Roman family from Syracuse during the time of Diocletian. Her mother suffered an uncontrolled emission of blood, but through Lucy’s faith and devotion to Saint Agatha, she was healed. In response to the healing, Lucy and her mother started giving away their possessions to the poor. Upset at losing future possessions, her betrothed turned her over to the Roman authority, Paschasius, and accused her of being a Christian. She steadfastly refused to sacrifice to idols. Her exchange with Paschasius is marked by a mind-body or spirit-flesh dichotomy; after being called a whore, she accuses him of being a “seducer of the mind” (corruptor mentis) but also denies being engaged at all with “seducers of the body” (corruptores corporis). Although a virgin herself, she suggests a wider definition of chastity in claiming that “those who live chaste lives are the temple of the Holy Spirit (Qui caste uiuunt, templum spiritus sancti sunt).” Paschasius moves the discussion again in an overt sexual direction, threatening to take Lucy to a brothel, at which point he says, “Your body will be defiled, and you will lose the Holy Spirit.” Lucy does not concede and here gives a statement similar to the one used by Gratian: “The body is not defiled unless the mind consents. If you have me ravished against my will, my chastity will be doubled, and the crown will be mine. You will never be able to force my will.”Footnote 10 In response to Lucy’s obstinance, Paschasius calls upon a crowd to have their way with the virgin, but no matter how many men approach her and try to move her, she miraculously remains immovable, like a large boulder. She suffered torture by fire and boiling water before having a dagger plunged into her throat.
Since Gratian was working more than a century prior to Jacobus, scholars must determine the details of Lucy’s story circulating in Gratian’s time in central and northern Italy and the types of books within which Gratian would have known them. What could be his source? Many early medieval authors wrote hagiographical works. Among them was Bede, who included a treatment of Lucy in his Martyrologia. Gratian did not take his material on Lucy from this work, however,— because Bede focused on Lucy’s acts of charity and the miracle of not being moved by a crowd of men; the dialogue with Paschasius does not appear in his version.Footnote 11 We also know that devotion to Lucy was strong throughout Italy and revived in the south in the late eleventh century under Roger I, Count of Sicily (1071–1101). Moreover, a female monastery devoted to her was present not far from Bologna, having been erected already during the Lombard period.Footnote 12
Gratian gave a specific quotation, however. Like most medieval Christians and especially the clergy, he knew the stories of the saints through the liturgy. As Thomas J. Heffernan has explained, it was the liturgy that would “exercise the single most important influence in the composition of the saint’s Life,” and, over the history of the early Church and development of the Divine Office, “it was within the context of the liturgical service, specifically the Matins service of the Divine Office, that the saint’s Life developed.”Footnote 13 Material for saints’ vitae proliferated from the Carolingian period onwards in order to provide readings (lectiones) for the Matins service in breviaries, the books containing materials for the daily Office. Hagiographical texts filled out the lectiones for the second of three nocturns in the Matins service.Footnote 14 These readings from a saint’s vita were read on the date of their anniversary; in Lucy’s case, on December 13. Gratian may have heard a lectio about Saint Lucy during the liturgy or read it in a breviary, which was a succinct compendium of the entire Divine Office. The earliest breviaries date to the eleventh century.Footnote 15 It is not clear whether Gratian’s religious community—whatever it was, if indeed he was a monk—or his church had one.Footnote 16 They became much more common in the later Middle Ages.Footnote 17
The texts that make up breviaries have many precedents with a long history. Late antique passion narratives (passiones) or acts (acta) of the martyrs gave way to vitae of confessors whose lives attested to their saintliness even if these individuals did not die for their faith.Footnote 18 As noted above, the Carolingian period witnessed an explosion of longer narratives. Perusal of manuscript catalogues reveals numerous hagiographical texts that constitute passionaria (collections of passion narratives) or a mixture of passions and vitae, sometimes simply under the title vitae sanctorum. Such texts were produced and used for personal spiritual or meditative reading, for reading at meals, as a foundation for sermons, for liturgical lessons on feast days, and more generally as part of the traditions of individual orders and individual cloisters.Footnote 19 While the initial flowering of these texts may have been the eighth and ninth centuries, the massive survival of manuscripts of this genre dating to the tenth, eleventh, and twelfth centuries testifies to their ongoing relevance and usage.Footnote 20
Saint Lucy appears in numerous hagiographical manuscripts prior to the composition of Jacobus de Voragine’s Legenda aurea. Specifically, the passio S. Luciae (BHL 4992), with the incipit Cum per uniuersalem prouinciam Siciliae, was widespread, even if it was not present in all such manuscripts. Among the forty-one codices containing passionaria in the Vatican collection, at least six contain the passio of Lucy.Footnote 21 All of them date to the eleventh or the twelfth century. The provenance of most of them remains a mystery, but one belonged to the Church of St. John in Ravenna, and another belonged to a house of Augustinian canons in Frankenthaler in southwest Germany. All of these manuscripts present the same story of Lucy with minor textual variants. The breadth of its geographical distribution is indicated by its presence in Lincoln, Cathedral Chapter Library 149, dated to the second half of the twelfth century and more than likely belonging to the Benedictine priory of St. Peter at Leominster in Herefordshire, established in the 1120s by Cluniac monks upon the occasion of a gift to Reading Abbey by King Henry I.Footnote 22 The passio also appeared in four hagiographical manuscripts now housed in the Biblioteca Ambrosiana in Milan.Footnote 23 Finally, a twelfth-century martyrology that can be identified as belonging to the Carthusians in Bologna contains an alternate account of Lucy’s martyrdom for the Ides of December with the same quotation used by Gratian.Footnote 24
That key piece of dialogue appears toward the end of the exchange between Paschasius and Lucy in the passio. In answer to Paschasius’s declaration that he will haul Lucy off to a brothel and then the Holy Spirit will leave her, Lucy responds with conviction about her own innocence in the presence of God, who knows that true guilt lies only in those whose minds and wills depart from righteousness. I produce here a translation based largely on the twelfth-century BAV, Vat. lat. 1194, the text of which is very similar to all other manuscripts I have consulted:
My body will never be polluted unless by the consent of my mind. For even if you put incense into my hand and make a sacrifice through my hands, God will take notice and scoff. After all, he judges according to dispositions and wills. For thus chastity suffers on the part of the violator, just as is the case for the serpent, the thief, the barbarian. And if you cause me to be violated unwillingly, my chastity will be redoubled upon me for a crown.Footnote 25
All the manuscripts I have consulted contain something very close to this version of the text, and clearly it is this section that Gratian was explicitly recalling when he wrote the text quoted above:
Even if the body is violently corrupted, if the pudicitia of the mind is preserved inviolate, chastity is doubled. Just as Blessed Lucy is purported to have said to Paschasius, ‘If you cause me to be violated unwillingly, chastity will be redoubled upon me unto a crown.’ After all, God judges according to dispositions and wills.Footnote 26
In short, there is no doubt that Gratian had in mind that narrative when he wrote, whether in the widespread version of the passio (BHL 4992) or a slightly different version. To the multiple sources upon which Gratian is known to have drawn in his monumental work, scholars can now add the passio of Saint Lucy. More than likely, other portions of the Decretum also show his familiarity with hagiographical literature and the importance of such narratives—and their theological and religious significance—in his thinking.