sides bombarded one another with arguments for and against clerical marriage.26 Only after the Concordat of Worms had put an end to the Investiture Controversy between the pope and the emperor in , did the reform party attain a strong enough position to make the final banning of clerical marriage no longer a question of “if ” but of “when.” The latter came at the Council of Pisa in. Being contrary to ecclesiastical law, cohabitation between canons regular, monks, nuns and laymen was declared “not matrimony”, not to mention cohabitation between clerics and nuns.27 The immediate legal consequence was, of course, that a child born by illicitly cohabiting parents must necessarily become illegitimate. The elaboration of a comprehensive legal doctrine on legitimacy was more difficult than simply banning clerical marriage. By , there was as yet no coherent doctrine, neither theological nor legal, on what constituted marriage. For several decades after , canon lawyers and theologians couldn’t agree on what turned a relation between man and woman into marriage. However, the fulfilment of the Gregorian programme made the question acute. During the subsequent century, canon lawyers produced a comprehensive teaching on almost all aspects of marriage including legitimacy and the marital status of children.28 Several options were discussed in solving the problem. One school of lawyers declared that marriage started with the mutual and free vows of the spouses to live together for the rest of their lives. Another school, which argued that marriage began with a sexual relationship, 126 26 Barstow (1982), 105-173. 27 Barstow (1982), 175-195. 28 R. Génestal, Histoire de la légitimation des enfants naturels en droit canonique. (Paris 1905.) - J. Dauvillier, Le mariage dans le droit classique de l'Eglise, depuis le Décret de Gratien(1140) jusqu'à la mort de Clément V (1314). (Paris 1933: Recueil Sirey.) - L. Mayali, “Note on the Legitimization by Subsequent marriage from Alexander III to Innocent III.” The Two Laws: Studies in Medieval Legal History Dedicated to Stephan Kuttner. Ed. L. Mayali & S. A. J. Tibbetts. (Washington 1990: Catholic Univ. of America Press.)
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