363 Liber adversus Legem Gundobadi (i.e. Leg. Burgundionum) et impia certarmina quae per eam geruntur; and Liber Contra Judicium Dei. See his Opera ed. Baluzius, Paris 1666, T. I. 107 sqq., 300 sqq., and in Migne’s Patrologia, Tom. CIV. f 113-126, and f. 250-258 (with the notes of Baluzius).
4364 "At length, when the Papal authority reached its culminating point, a vigorous and sustained effort to abolish the whole system was made by the Popes who occupied the pontifical throne from 1159-1227. Nothing can be more peremptory than the prohibition uttered by Alexander III. In 1181, Lucius III. pronounced null and void the acquittal of a priest charged with homicide, who had undergone the water-ordeal, and ordered him to prove his innocence with compurgators, and the blow was followed up by his successors. Under Innocent III., the Fourth Council of Lateran, in 1215, formally forbade the employment of any ecclesiastical ceremonies in such trials; and as the moral influence of the ordeal depended entirely upon its religious associations, a strict observance of this canon must speedily have swept the whole system into oblivion. Yet at this very time the inquisitor Conrad of Marburg was employing in Germany the red-hot iron as a means of condemning his unfortunate victims by wholesale, and the chronicler relates that, whether innocent or guilty, few escaped the test. The canon of Lateran, however, was actively followed up by the Papal legates, and the effect was soon discernible." Lea, p. 272.
5365 Tortura from torqueo, to twist, to torment. Ital. and Spanish: tortura; French: torture; Germ.: Folter.
6366 "Their evidence was inadmissible, except when given under torture, and then by a singular confusion of logic, it was estimated as the most convincing kind of testimony." Lea, 283. "The modes of torture sanctioned by the Greeks were the wheel (trovco"), the ladder or rack (klivmax), the comb with sharp teeth (kuavfo"), the low vault (kuvfwn) in which the unfortunate witness was thrust and bent double, the burning tiles (plivnqoi) the heavy hog-skin whip (uJstriciv"),nd the injection of vinegar into the nostrils." Lea, p. 284. The Romans used chiefly the scourge. The instruments of torture employed during the middle ages were the rack, the thumbscrew, the Spanish boot, iron gauntlets, heated iron stools, fire, the wheel, the strappado, enforced sleeplessness, and various mutilations. Brace says (p. 182) that " nine hundred(?) different instruments for inflicting pain were invented and used." One tenth of the number would be bad enough. Collections of these devilish instruments may be seen in the London Tower, and in antiquarian museums on the Continent.
7367 "La persona del home es la mas noble cosa del mundo."
8368 Can. 33: "Non licet presbytero nec diacono ad trepalium ubi rei torquentur, stare." See Hefele III. 46.
9369 Epist. VIII. 30.
0370 Responsa ad Consulta Bulgarorum, c. 86. Hefele IV. 350. Lea, p. 305.
1371 In the bull Ad extirpanda: "Teneatur potestas seu rector, omnes haereticos … cogere citra membri diminutionem et mortis periculum, tamquam vere latrones et homicidas animarum … errores suos expresse fateri et accusare alios haereticos quos sciunt, et bona eorum." … Innoc. IV. Leg. et Const. contra Haeret. § 26. (Bullar. Magn. in Innoc. IV. No. 9). Comp. Gieseler II. 564-569.
2372 See vol. II. § 100.
373 They are called Xenodochium and Xenodochia (xenodocei'on) for strangers; ptochium or ptochotrophium (ptwcei'on, ptwcotrofei'on) for the poor; orphanotrophium (ojrfanoqrofei'on) for orphans; brephotrophium (brefotrofei'on) for foundlings house for the sick (nosokomei'a, valetudinaria); for the aged (gerontokomei'a); and for widows (chrotrofei'a); in Latin hospitium, hospitals, hospitalium (corresponding to the Greek xenodocei'on). See Du Cange. Such institutions were unknown among the heathen; for the houses near the temples of Aeculapius were only intended for temporary shelter, not for care and attendance. The Emperor Julian’s involuntary eulogy of the charity of the "Galilaeans " as he contemptuously called the Christians, and his abortive attempt to force the heathen to imitate it, are well known. See vol. III. 50.
4374 See the numerous quotations from the fathers in Uhlhorn, p. 278 sqq. "Countless times is the thought expressed that almsgiving is a safe investment of money at good interest with God in heaven." He thinks that "the doctrine of purgatory, and of the influence which almsgiving exercises even upon souls in purgatory, determined more than anything else the charity of the entire mediaeval period" (p. 287). The notion that alms have an atoning efficacy is expressed again and again in every variety of form as the motive of almsgiving which is predominant above all others. Even Augustin, the most evangelical among the fathers, teaches "that alms have power to extinguish and expiate sin," although he qualifies the maxim and confines the benefit to those who amend their lives. No one had greater influence upon the Latin church than the author of the City of God, in which, as Uhlhorn says, "he unconsciously wrote the programme of the middle ages."
5375 "There can be," says Lecky, (II. 78), "no question that either in practice nor in theory, neither in the institution, that were founded nor in the place that was assigned to it in the scale of duties, did charity in antiquity occupy a position at all comparable to that which it has obtained by Christianity. Nearly all the relief was a State measure, dictated much more by policy than by benevolence; and the habit of selling young children, the innumerable expositions, the readiness of the poor to enroll themselves as gladiators, and the frequent famines, show how large was the measure of unrelieved distress. A very few pagan examples of charity have, indeed, descended to us."
6376 Matt. 6:3, 4. The word "openly" (ejn tw'/ fanerw'/) is omitted in the best MSS. and critical editions, and in the E. Revision.
7377 As they are still in the East and on the Alps. Travelers will not easily forget the convents of Mt. Sinai in the Desert, Mar Saba near the Dead Sea, and the hospices on the Alpine passes of St. Bernard, St. Gotthard, and the Simplon. Lecky (II. 84) says: "By the monks the nobles were overawed, the poor protected, the sick tended, travelers sheltered, prisoners ransomed, the remotest spheres of suffering explored. During the darkest period of the middle ages, monks founded a refuge for pilgrims amid the horrors of the Alpine snows. A solitary hermit often planted himself, with his little boat, by a bridgeless stream, and the charity of his life was to ferry over the traveler."
8378 The life of B. was written by Ardo. See theActa Sanct. mens. Februar. sub Feb. 12; Mabillon,Acta Sanct. ord. S. Bened.; Nicolai, Der heil. Benedict Gründer von Aniane und Cornelimünster (Köln, 1865); Gfrörer, Kirchengesch. III. 704 sqq.
9379 To distinguish him from the older Nilus, who was a pupil and friend of Chrysostom, a fertile ascetic writer and monk on Mt. Sinai (d. about 440). There were more than twenty distinguished persons of that name in the Greek church. See Allatius, Diatriba de Nilis et Psellis; Fabricius, Bibl. Gr. X. 3.
0380 The place where two German scholars, O. von Gebhardt and Harnack, discovered the Codex Rossanensis of the Greek Matthew and Mark in the library of the archbishop (March, 1879). It dates from the sixth or seventh century, is beautifully written in silver letters on very fine purple-colored vellum, and was published by O. von Gebhardt in 1883. See Schaff’s Companion to the Gr. T., p. 131, and Gregory’s Prolegomena, I. 408.
1381 Acta Sanctorum vol. XXVI. Sept 26 (with the Greek text of a biography of the saint by a disciple). Alban Butler,Lives of the Saints, Sept. 26. Neander, III. 420 sqq. (Germ. ed. IV. 307-315). The convent of Crypts Ferrata possesses a valuable library, which was used by distinguished antiquarians as Mabillon, Montfaucon, Angelo Mai, and Dom Pitra. Among its treasures are several MSS. of parts of the Greek Testament, to which Dean Burgon calls attention in The Revision Revised (Lond. 1883), p. 447.
2382 His death occurred June 19, but his principal feast was appointed by Clement VIII. on the seventh of February. "His body," says Alban Butler, "was found entire and uncorrupt five years after his death, and again in 1466. But his tomb being sacrilegiously opened and his body stolen in 1480, it fell to dust, in which state it was translated to Fabriano, and there deposited in the great church, all but the remains of one arm, sent to Camaldoli. God has honored his relics with many miracles."
383 Vita & Romualdi, c. 69, in Damiani’s Opera II. f. 1006, in Migne’s edition (Patrol. Tom. 145, f. 953-1008). He adds; "Nunc inter vivos coelestis Hierusalem lapides ineffabiliter rutilat, cum ignitis beatorum spirituum turmis exultat, candidissimi stola immortalitatis induitur, et ab ipso rege regum vibrante in perpetuum diademate coronatur."
4384 Cluny or Clugny (Cluniacum) is twelve miles northwest of Macon. The present town has about four thousand inhabitants. Its chief interest consists in the remains of mediaeeval architecture.
5385 The wealth of the abbey was proverbial. Hurter quotes from Lorain the saying in Burgundy:
"En tout pays ou le, rent vente,
L’ Abbaye de Cluny a rente."
6386 Hurter, l.c. p. 45.
7387 The material of the church was sold during the Revolution for not much more than 100,000 francs. When Napoleon Bonaparte passed through Macon, be was invited to visit Cluny, but declined with the answer: "You have allowed your great and beautiful church to be sold and ruined, you are a set of Vandals; I shall not visit Cluny." Lorain, as quoted by Hurter, p. 47. The last abbot of Cluny was Cardinal Dominicus de la Rochefaucauld, who died in exile a.d. 1800.
8388 See Dunstan’s life in the Acta Sanct. for May 19; and in Butler’s Lives of the Saints, under the same date. Comp. Wharton, Anglia Sacra, II.; Lingard Hist. of the Anglo-Saxon Church; Soames,Anglo-Saxon Church; Lappenberg, Gesch. von England; Hook, Archbishops of Canterbury; Milman, Latin Christianity, Bk. VII., ch. 1; Hardwick; Robertson; also Lea, History of Sacerdotal Celibacy.
9389 See the passages in Gieseler IL 55 (Harpers’ ed.) The Synodical courts were called Sendgerichte (a corruption from Synod).
0390 Liber Poenitentialis, Poenitential, Confessionale, Leges Poenitentium, Judicia Peccantium.
1391 By Prof. Wasserschleben of Halle, 1851 (from several Continental MSS.), and Canon Haddan and Prof. Stubbs, Oxford, 1871, (III. 173-203) from a Cambridge MS. of the 8th century. The texts of the earlier editions of Theodori Poenitentiale by Spelman (1639), D’Achery (1669), Jaques Petit (1677, reprinted in Migne’s Patrol. 1851, Tom. 99), Thorpe (1840), and Kunstmann (1844) are imperfect or spurious. The question of authorship and of the MS. sources is learnedly discussed in a note by Haddan and Stubbs, III. 173 sq. See extracts in the Notes.
2392 Both are given in Haddan and Stubbs, Councils, etc. III. 326 sqq. and 413 sqq.
393 This is the view of Wasserschleben, while Schmitz thinks that the Poenitentiale Romanum was originally intended for the Roman church, and that the Westem Penitentials are derived from it.
4394 But during the papal schism, the rival popes excommunicated each other, and the Council of Constance deposed them.
5395 Aegidius (Aigivdio"); Italian: Sant Egidio; French: S. Gilles. He was an abbot and confessor in France during the reign of Charles Martel or earlier, and much more celebrated than reliably known. He is the special patron of cripples, and his tomb was much visited by pilgrims from all parts of France, England and Scotland. Almost every county in England has churches named in his honor, amounting in all to 146. See Smith and Wace I. 47 sqq.
6396 Bened. Papae VIII. Epist. 32 (ad Guillelmum Comitem). In Migne’s Patrol. T. 139, fol. 1630-32. Lea translates it in part, l.c. p. 337. "Benedict Bishop, Servant of the servants of God, to Count William and his mother, the Countess Adelaide, perpetual grace and apostolic benediction .... Let them [who a tempted to rob the monastery] be accursed in their bodies, and let their souls be delivered to destruction and perdition and torture. Let them be damned with the damned: let them be scourged with the ungrateful; let them perish with the proud. Let them be accursed with the Jews who, seeing the incarnate Christ, did not believe but sought to crucify Him. Let them be accursed with the heretics who labored to destroy the church. Let them be accursed with those who blaspheme the name of God. Let them be accursed with those who despair of the mercy of God. Let them be accursed with those who he damned in Hell. Let them be accursed with the impious and sinners unless they amend their ways, and confess themselves in fault towards St. Giles. Let them be accursed in the four quarters of the earth. In the East be they accursed, and in the West disinherited; in the North interdicted, and in the South excommunicate. Be they accursed in the day-time and excommunicate in the night-time. Accursed be they at home and excommunicate abroad; accursed in standing and excommunicate in sitting; accursed in eating, accursed in drinking, accursed in sleeping, and excommunicate in waking; accursed when they work and excommunicate when they rest. Let them be accursed in the spring time and excommunicate in the summer; accursed in the autumn and excommunicate in the winter. Let them be accursed in this world and excommunicate in the next. Let their lands pass into the hands of the stranger, their wives be given over to perdition, and their children fall before the edge of the sword. Let what they eat be accursed, and accursed be what they leave, so that he who eats it shall be accursed. Accursed and excommunicate be the priest who shall give them the body and blood of the Lord, or who shall visit them in sickness. Accursed and excommunicate be he who shall carry them to the grave and shall dare to bury them. Let them be excommunicate, and accursed with all curses if they do not make amends and render due satisfaction. And know this for truth, that after our death no bishop nor count, nor any secular power shall usurp the seigniory of the blessed St. Giles. And if any presume to attempt it, borne down by, all the foregoing curses, they never shall enter the kingdom of Heaven, for the blessed St. Giles committed his monastery to the lordship of the blessed Peter."
7397 Corresponding to the Cherem, as distinct from Niddui (i.e. separation), in the Jewish Synagogue. See J. Lightfoot, De Anathemate Maranatha, and the commentators on Gal. 1:8, 9 (especially Wieseler).
8398 Interdictum orprohibitio officiorum divinorum, prohibition of public worship. A distinction is made between interd. personale for particular persons; locale for place or district; and generale for whole countries and kingdoms.
9399 Aug. Ep. 250, § 1; Leo, Ep. X. cap, 8—quoted by Gieseler, and Lea, p. 301. St. Basil of Caesarea is sometimes quoted as the inventor of the interdict, but not justly. See Lea, p. 302 note.
0400 Gregory of Tours, Hist. Franc. VIII. 31.
1401 Conc. Lemovicense II. See Mansi XIX. 541; Harduin VI. p. 1, 885; Hefele IV. 693-695; Gieseler II. 199 note 12.
2402 See the graphic description of the effects of this interdict upon the state of society, in Hurter’s Innocenz III., vol. I. 372-386.
3403 Penitence is from the Latin poenitentia, and this is derived from poena, poivnh (compensation, satisfaction, punishment). Jerome introduced the word, or rather retained it, in the Latin Bible, for metavnoia, and poenitentiam agere for metanoei'n Hence the Douay version: to do penance. Augustin, Isidor, Rabanus Maurus, Peter Lombard, and the R. Catholic theologians connect the term with the penal idea (poena, punitio) and make it cover the whole penitential discipline. The English repentance, to repent, and the German Busse, Bussethun follow the Vulgate, but have changed the meaning in evangelical theology in conformity to the Greek metavnoia.
404 Matt. 3:2; 4:17; Mark 1:15. Luther renewed the call in his 95 Theses which begin with the same idea, in opposition to the traffic in indulgences.
5405 Pope Leo the Great (440-461) was the first prelate in the West who sanctioned the substitution of the system of secret humiliation by auricular confession for the public exomologesis. Ep. 136. Opera I. 355.
6406 Can. 21: "Omnis utriusque sexus fidelis, postquam ad annos discretionis pervenerit, omnia sua solus peccata confiteatur fideliter, saltem semel in anno, proprio sacerdoti."Violation of this law of auricular confession was threatened with excommunication and refusal of Christian burial. See Hefele V. 793.
7407 Conc. Trid. Sess. XIV. cap.2 (Schaff’s Creeds I. 143). The Council went so far in Canon VI. (II. 165) as to anathematize any one "who denies that sacramental confession was instituted or is necessary to salvation, of divine right; or who says that the manner of confessing secretly to a priest alone, which the church has ever observed from the beginning (?), and doth observe, is alien from the institution and command of Christ, and is a human invention."
8408 Contritio cordis, confessio oris, satisfactio operis. See Conc. Trid. Sess. XIV. cap. 3-6 (Creeds, II. 143-153). The usual Roman Catholic definition of this sacrament is: "Sacramentum poenitentiae est sacramentum a Christo institutum, quo homini contrito, confesso et satisfacturo (satisfacere volenti) per juridicam sacerdotis absolutionem peccata post baptismum commissa remittuntur." Oswald, Die dogmat. Lehre von den heil. Sacramenten der katholischen Kirche, II. 17 (3rd ed. Münster 1870).
9409 Archbishop Theodore of Canterbury is the reputed author of this commutation of penance for a money-payment. See his Penitential I. 3 and 4, and the seventh penitential canon ascribed to him, in Haddan and Stubbs III. 179, 180, 211. "Si quis"says Theodore, "pro ultione propinqui hominem occiderit, peniteat sicut homicida, VII. vel X. annos. Si tamen reddere vult propinquis petuniam aestimationis, levior erit penitentia, id est, dimidio spatii."The Synod of Clove-ho (probably Abingdon), held under his successor, Cuthbert, for the reformation of abuses, in September 747, decreed in the 26th canon that alms were no longer to be given for diminishing or commuting the fastings and other works of satisfaction. See Haddan and Stubbs, III. 371 sq.
0410 This theory was fully developed by Thomas Aquinas and other schoolmen (see Gieseler II. 521 sq.), and sanctioned by the Council of Trent in the 25th Session, held Dec. 4, 1563 (Creeds II. 205 sq.), although the Council forbids "all evil gains" and other abuses which have caused "the honorable name of indulgences to be blasphemed by heretics." The popes still exercise from time to time the right of granting plenary indulgences, though with greater caution than their mediaeval predecessors.
1411 "Ecclesia postquam ad Christianos principes venit, potentia quidem et divitiis, major, sed virtutibus minor facta."
2412 The same may be said of Napoleon I., whose code has outlived his military conquests.
3413 Giesebrecht (I. 128): "Ein Riesenschritt in der Entwicklung des deutschen Geistes geschah durch Karls Gesetzgebung … Mit Ehrfurcht und heiliger Scheu schlägt man die, Capitularien des grossen Kaisers auf, das erste grosse Gesetzbuch der Germanen, ein Werk, dem mehrere Jahrhunderte vorher und nachher kein Volk ein gleiches an die Seite gesetzt hat. Das Bild des Karolingischen Staates tritt uns in voller Gegenwärtigkeit hier vor die Seele; wir sehen, wie Grosses erreicht, wie das Höchste erstrebt wurde."
414 Also called Archicapellnus, Archicancellarius
6416 Hence many Capitularies are issued "apostolicae sedis hortatu, monente Pontom, ex praecepto Pontificis." At the Synod of Francfort in 794 two delegates of Pope Hadrian were present, but Charlemagne presided. See Mansi XVIII. 884; Pertz, Monum. I. 181.
7417 Comment. Bk IV. ch. 4. The same may be said of the United States as far as they have adopted the Common Law of the mother country. It is so declared by the highest courts of New York, Pennsylvania, and Massachusetts, and by many eminent judges, but with this essential modification that those parts of the Common Law of England which imply the union of church and state are inapplicable to the United States where they are separated. Justice Strong (l.c. p. 32) says: "The laws and institutions of all the States are built on the foundation of reverence for Christianity." The court of Pennsylvania states the law in this manner: "Christianity is and always has been a part of the Common Law of this State. Christianity without the spiritual artillery of European countries—not Christianity founded on any particular religious tenets—not Christianity with an established church and titles and spiritual courts, but Christianity with liberty of conscience to all men."