5295 Rodulfus Glaber, Histor. sui temporis, IV. 5 (in Migne, Tom. 142, p. 979): "puer ferme (fere) decennis;" but in V. 5: "fuerat sedi ordinatus quidam puer circiter annorum duodecim, contra jus nefasque." Hefele stated, in the first ed. (IV. 673), that Benedict was eighteen when elected. In the second ed. (p. 706) he corrects himself and makes him twelve years at his election.
6296 Isa. 3:1-4.
7297 Gregorovius, IV. 42, says: "Mit Benedict IX. erreichte das Papstthum aussersten Grad des sittlichen Verfalls, welcher nach den Gesetzen der menschlichen Natur den Umschlag zum Bessern erzeugt."
8298 Bonitho, ed. Jaffé p. 50: "Post multa turpia adulteria et homicidia manibus Buis perpetrata, postremo cum vellet consobrinam accipere coniugem, filiam scilicet Girardi de Saxo, et ille diceret: nullo modo se daturum nisi renunciaret pontificatui ad quendam sacerdotem Johannem se contulit." A similar report is found in the AnnalesAltahenses. But Steindorff and Hefele ([V. 707) discredit the marriage project as a malignant invention or fable.
9299 An old catalogue of popes (in Muratori, Script. III. 2, p. 345) states the sum as mille librae denariorum Papensium, but Benno as librae mille quingentae. Others give two thousand pounds as the sum. Otto of Freising adds that Benedict reserved besides the Peter’s pence from England. See Giesebrecht, II. 643, and Hefele IV. 707.
0300 Migne, Tom. 141, p. 1343. Steindorff and Hefele (IV. 708) dissent from this usual view of a three-fold schism, and consider Gregory, as the only pope. But all three were summoned to the Synod of Sutri and deposed; consequently they must all have claimed possession.
1301 The sources differ in the distribution of the work between the two synods: some assign it to Sutri, others to Rome, others divide it. Steindorff and Hefele (IV. 710) assume that Gregory and Sylvester were deposed at Sutri; Benedict (who did not appear at Sutri) was deposed in Rome. All agree that the new pope was elected in Rome.
2302 See Jaffé, Steindorff, and Hefele (IV. 711 sq.).
303 According to the Annal. Corb., Suidger was elected "canonice as synodice … unanimi cleri et populi electione."
4304 So says Wibert, his friend and biographer, but Bonitho reports that Hildebrand induced him to submit first to a Roman election, since a pope elected by the emperor was not an apostolicus, but an apostaticus. See Baxmann, II. 215-217. Comp. also Hunkler: Leo IX. und seine Zeit. Mainz, 1851
5305 See the passages in Gieseler II. 227 sq.
6306 Encycl. Epistle of the Eastern Patriarchs, 1844, § 5.
7307 The Synod, claiming to be the infallible organ of the Holy Spirit, compared Photius with a robber and adulterer for obtruding himself into the see of Constantinople during the lifetime of Ignatius, deprived him of all priestly honors and functions "by authority of Almighty God, St. Peter and St. Paul, the princes of the apostles, of all saints, of the six [why not seven?] ecumenical councils, as also by the judgment of the Holy Ghost," and threatened him and all his adherents with the anathema and excommunication from the eucharist till the moment of death, "that no one may dare hereafter from the state of the laity to break into the camp of the Lord, as has often been the case in the church of Constantinople." See on this Synod Hergenröther, Phot. I. 519 sqq., and Hefele IV. 269 sqq.
8308 See the Encyclica ad Patriarchas Orientales in the original Greek in Photius, Opera II. 722-742 (ed. Migne), also in Gieseler II. 216 sq. Baronius (ad ann. 863 no. 34 sq.) gives it in Latin.
9309 Strictly speaking, however, the Orthodox Eastern Church counts only seven Œcumenical Councils.
0310 The Roman Catholic historians regard this letter as a Greek fraud. "Ich kann nicht glauben," says Hefele (IV. 482), "dass je ein Papst seine Stellung so sehr vergessen habe, wie es Johann VIII. gethan haben müsste, wenn dieser Brief ächt wäre. Es ist in demselben auch keine Spur des Papalbewusstseins, vielmehr ist die Superiorität des Photius fast ausdrücklich anerkannt."
1311 Leo himself had forbidden not only tetragamy, but even trigamy. His four wives were Theophano, Zoë (his former mistress), Eudokia, and Zoë Karbonopsyne, who in 905 bore him a son, Constantine Porphyrogenitus (or Porphyrogennetos, d. 959). See Hergenröther, Phot. III. 656 sq.
2312 Khroulavrio", probably from the Latin cerula (khrivolo"), ceriolarium, a candelabrum for wax-tapers.
313 Azyma is from a[zumo", unleavened (zuvmh, leaven); hence hJ eJorth; tw'n ajzuvmwn (a[rtwn), the feast of unleavened bread (the passover), during which the Jews were to eat unleavened bread. The Greeks insist that our Lord in instituting the eucharist after the passover-meal used true, nourishing bread (arto from airw), as the sign of the new dispensation of joy and gladness; while the lifeless, unleavened bread (a[zumon) belongs to the Jewish dispensation. The Latins argued that a[rto" means unleavened as well as leavened bread, and that Christ during the feast of the passover could not get any other but unleavened bread. They called the Greeks in turn Fermentarei in opposition to Azmitae. See Nicetas Stethatus (a cotemporary of Cerularius): De Fermentato etAzymis, publ. in Greek by Dimitracopulos, Lips. 1866 (Biblioq. ejkkl.I. 18-36), and in Greek and Latin by Hergenröther, in MonumentaGraeca, etc., p. 139-154. Comp. also the Dissertation concerning Azymes in Neale’s EasternChurch, Introd. II. 1051 sqq.; J. G. Hermann, Hist. concertationis de pane azymo et fermentato in caena Domini, Lips. 1737; and Hergenröther, Photius III. 739 sqq.
4314 Baronius Annal. ad ann. 1053 no. 22; and Gieseler II. 222 sq.
5315 "Sicut Nicolaitae carnales nuptias concedunt et defendunt sacri altaris ministris." On the other hand, Photius and the Greeks traced to the clerical celibacy the fact that the West had "so many children who knew not their fathers."
6316 See a full résumé of Humbert’s arguments in Hergenröther, III. 741-756.
7317 See the documents in Gieseler II. 225 sqq.
8318 Cardinal Hergenröther (Kirchengesch. I. 903) admits that it was largely (he ought to say, chiefly) through the guilt of the Latin conquerors ("grossentheils durch Schuld der lateinischen Eroberer") that "the hatred of the Greeks at the conquest of Constantinople, 1204, assumed gigantic dimensions."
9319 See Gibbon’s graphic description (in ch. LX.) of the horrors of the sack of Constantinople, gathered from the concurrent accounts of the French marshall Villehardouin (who does not betray a symptom of pity or remorse) and the Byzantine senator Nicetas (one of the sufferers). On the barbarities previously committed at Thessalonica by the Normans in 1186, see Eustathius De capta Thessalonica (ed. Bonnae 1842, quoted by Gieseler II. 609); on the barbarities in the island of Cyprus after its delivery by Richard to Guy, king of Jerusalem, in 1192, see the anonymous account in Allatius, De eccles. occident. et orient. perpet. consens. 1. II. c. XIII. 693 sq. Leo Allatius was a Greek convert to the Roman church, and found no fault with these cruelties against the church of his fathers; on the contrary he says: "Opus erat, effraenes propriaeque fidei rebelles et veritatis oppugnatores non exilio, sed ferro et igne in saniorem mentem reducere. Haeretici proscribendi sunt, exterminandi sunt, puniendi sunt et pertinaces occidendi, cremandi. Ita leges sanciunt, ita observavit antiquitas, nec alius mos est recentioris ecclesiae tum Graecae tum Latinae."
0320 See a full account of it in the sixth volume of Hefele’s Conciliengeschichte, p. 103-147.
1321 In his book Contra errores Graecorum.
2322 See Cecconi (R.C.), Studi storici sul Concilio di Firenze (Florence 1869); Hefele (R.C.), Conciliengesch. vol. VII. Pt. II. (1874), p. 659-761; B. Popoff (Gr.), History of the Council of Florence, translated from the Russian, ed. by J. M. Neale (Lond. 1861); Frommann (Prot.), Krit. Beiträge zur Gesch. florentin. Kirchenvereinigung (Halle, 1872).
323 On the subject of purgatory the Greeks disagreed among themselves. The doctrine of transubstantiation was conceded, and therefore not brought under discussion.
4324 Hefele (l.c. p. 741-761) gives the Latin and Greek texts with a critical discussion. Frommann and Döllinger charge the decree with falsification.
5325 Or, as the modern Greeks call it, the papolatria of the Latins.
6326 Comp, Judges 5:6; 17:6.
7327 "It would be difficult," says Gibbon of this period, "to find anywhere more vice or less virtue." The judgments of Hallam, Milman, and Lecky are to the same effect. Compare also the description of Montalembert, quoted above, p. 82 sq.
8328 It seems incredible that there should have been an occasion for legislation against clergymen keeping houses of prostitution; and yet the Quinisexta or Trullan Synod of 692 enacted the canon: "He who keeps a brothel, if a clergyman, shall be deposed and excommunicated; if a layman, excommunicated." Hefele III. 341.
9329 Capitulum, from the chapter of the Bible or of the monastic rules which were read in common every day. The name was applied both to the clerical brotherhood and to their habitation (chapter-house). The plural, Capitula or Capitularia designates codes of law ecclesiastical or civil, digested under chapters. See Martene, De Antiqu. Eccl. Ritibus, 1, IV. c. VI. § 4, and Haddan In Smith and Cheetham, I. 347.
0330 Canonici, either because they were bound by canons, or enrolled on the lists of ecclesiastical officers. They occupied an intermediate position between the secular clergy and the monks. See Du Cange, and Smith and Cheetham, sub Canonici.
1331 Hefele IV. 794.
2332 Ibid. p. 373.
333 Ibid. p. 707.
4334 For all these details see the scattered notices in vols, III. and IV. of Hefele.
5335 See § 61, p. 275 sq.
6336 De Civit. Dei, 1. XIX. c. 15. "Nomen [servus] culpa meruit, non natura … Prima servitutis causa peccatum est, ut homo homini conditionis vinculo subderetur quod non fuit nisi Deo judicante, apud quem non est iniquitas." He thinks it will continue with the duties prescribed by the apostles, donec transeat iniquitas, et evacuetur omnis principatus, et potestas humana, et sit Deus omnia in omnibus.." Chrysostom taught substantially the same views, and derived from the sin of Adam a threefold servitude and a threefold tyranny, that of the husband over the wife, the master over the slave, and the state over the subjects. Thomas Aquinas, the greatest of the schoolmen, " did not see in slavery either difference of race or imaginary inferiority or means of government, but only a scourge inflicted on humanity by the sins of the first man" (Balmes, p. 112). But none of these great men seems to have had an idea that slavery would ever disappear from the earth except with sin itself. Cessante causa, cessat effectus. See vol. III. 115-121.
7337 Epist. X. 66; IX. 102. See these and other passages in Overbeck, Verhältniss der alten Kirche zur Sklaverei, in his "Studien zur Gesch. der alten Kirche" (1875) p. 211 sq. Overbeck, however, dwells too much on the proslavery sentiments of the fathers, and underrates the merits of the church for the final abolition of slavery.
8338 Hefele IV. 670.
9339 Synod of Clermont, a.d. 549. Hefele III. 5; comp. II. 662.
0340 Fifth Synod of Orleans, 549; Synod of Aachen, 789; Synod of Francfurt, 794. See Hefele III. 3, 666, 691. If ordination took place without the master’s consent, he could reclaim the slave from the ranks of the clergy. Hefele IV. 26.
1341 Hefele III. 574, 575, 611. The first example was set by Pope Callistus (218-223), who was himself formerly a slave, and gave the sanction of the Roman church to marriages between free Christian ladies and slaves or lowborn men. Hippolytus, Philosoph. IX. 12 (p. 460 ed. Duncker and Schneidewin). This was contrary to Roman law, and disapproved even by Hippolytus.
2342 The 16th Synod of Toledo, 693, passed the following canon: "If a slave works on Sunday by command of his master, the slave becomes free, and the master is punished to pay 30 solidi. If the slave works on Sunday without command of his master, he is whipped or must pay fine for his skin. If a freeman works on Sunday, he loses his liberty or must pay 60 solidi; a priest has to pay double the amount." Hefele II. 349; comp. p. 355.
343 Hefele III. 103; comp. IV. 70. Balmes, p. 108.
4344 Overbeck, l.c., p. 219.
5345 Conc. Cabilonense, can. 9: "Pietatis est maximae et religionis intuitus, ut captivitatis vinculum omnino a Christianis redimatur." The date of the Council is uncertain, see Mansi, Conc. X. 1198; Hefele, III. 92.
6346 Saxon Faehth, or Faeght, Danish feide, Dutch veede, German Fehde, low Latin faida or faidia. Compare the German Feind, the English fiend. Du Cange defines faida: "Gravis et aperta inimicitia ob caedem aliquam suscepta, and refers to his dissertation De Privatis Bellis.
7347 Hefele III. 349.
8348 IV. 655, 689.
9349 TreugaDei, Gottesfriede. See Du Cange sub. "Treva, Treuga, seu Trevia Dei." The word occurs in several languages (treuga, tregoa, trauva, treva, trêve). It comes from the same root as the German treu, Treue, and the English true troth, truce, and signifies a pledge of faith, given for a time to an enemy for keeping peace.
0350 Rodull Glaber, a monk of Cluny, gives a graphic account of this famine and the origin of the Peace movement, in his Historia sui Temporis, lib. IV. c.4 and 5 (in Migne’s Patrol. Tom. 142, fol. 675-679). Hefele, IV. 698, traces the movement to Provence and to the year 1040 with a "perhaps," but Rodulf Glaber makes it begin "in Aquitaniae partibus anno incarnati Christi millesimo tricesimo tertio," from whence it spread rapidly "per Arelatensem provinciam, atque Lugdunensem, sicque per universam Burgundiam, atque in ultimas Franciae partes " (Migne, l. c. fol. 678). Comp. lib. V. 1 (fol. 693): "primitus inpartibus Aquitanicis, deinde paulatim per universum Galliarum territorium," etc. He also reports that the introduction of the Peace was blessed by innumerable cures and a bountiful harvest. "Erat instar illius antiqui Mosaici magni Jubilaei." Balderich, in his Chronicle of the Bishops of Cambray, reports that in one of the French synods a bishop showed a letter which fell from heaven and exhorted to peace. The bishop of Cambray, however, dissented because he thought the resolution could not be carried out.
1351 See further details in Mansi XIX. 549 sq.; Kluckhohn; Hefele (IV. 696-702, 780); and Mejer in Herzog2 V. 319 sqq.
2352 From the Anglo-Saxon ordael or ordela (from or=ur, and dael=theil): German: Urtheil or Gottesurtheil; Dutch: oordeel; French: ordéal; L. Lat.; ordalium, ordale, ordela. See Du Cange sub. ordela, aquae frigidae judicium, Duellum, Ferrum candens; Skeat (Etymol. Dict. of the Engl. Lang.) sub. Deal.
353 See the proof in Lea, who finds in the wide prevalence of this custom a confirmation of the common origin of the Aryan or Indo-germanic races.
4354 Judicium aquae ferventis, aeneum, cacabus, caldaria. This is probably the oldest form in Europe. See Lea, p. 196. It is usually referred to in the most ancient texts of law, and especially recommended by Hincmar of Rheims, as combining the elements of water—the judgment of the deluge—and of fire—the judgment of the last day. The accused was obliged, with his naked arm, to find a small stone or ring in a boiling caldron of water (this was called in German the Kesselfang), or simply to throw the hand to the wrist or to the elbow into boiling water. See Lea, p. 196 sqq.
5355 Judicium aquae frigidae. It was not known in Europe before Pope Eugenius II. (824-827), who seems to have introduced it. The accused was bound with cords, and lowered with a rope into a reservoir or pond, with the prayer (St., Dunstan’s formula): "Let not the water receive the body of him who, released from the weight of goodness, is upborne by the wind of iniquity." It was supposed that the pure element would not receive a criminal into its bosom. It required therefore in this case a miracle to convict the accused, as in the natural order of things he would escape. Lea (p. 221) relates this instance from a MS. in the British Museum In 1083, during the deadly struggle between the Empire and the Papacy, as personified in Henry IV. and Hildebrand, the imperialists related with great delight that some of the leading prelates of the papal court submitted the cause of their chief to this ordeal. After a three days’ fast, and proper benediction of the water, they placed in it a boy to represent the Emperor, when to their horror he sank like a stone. On referring the result to Hildebrand, he ordered a repetition of the experiment, which was attended with the same result. Then, throwing him in, as a representative of the Pope, he obstinately floated during two trials, in spite of all efforts to force him under the surface, and an oath was exacted from them to maintain inviolable secrecy as to the unexpected result." James I. of England was a strict believer in this ordeal, and thought that the pure element would never receive those who had desecrated the privileges of holy baptism. Even as late as 1836, an old woman, reputed to be a witch, was twice plunged into the sea at Hela, near Danzig, and as she persisted in rising to the surface, she was pronounced guilty and beaten to death. See Lea, p. 228 and 229.
6356 Judicium ferri or ferri candentis. A favorite mode, administered in two different forms, the one by six or twelve red-hot plough-shares (vomeres igniti), over which the person had to walk bare-footed; the other by a piece of red-hot iron, which he had to carry for a distance of nine feet or more. See Lea, p. 201 sq.
7357 The accused had to stretch his hand into a fire; hence the French proverbial expression: "J’en mettrais la main au feu," as an affirmation of positive belief. Sometimes he had to walk bare-legged and bare-footed through the flames of huge pyres. Petrus Igneus gained his reputation and surname by an exploit of this kind. See examples in Lea, p. 209 sqq. Savonarola proposed this ordeal in 1498 to his enemies in proof of his assertion that the church needed a thorough reformation, and that his excommunication by Pope Alexander VI. was null and void, but he shrunk from the trial, lost his cause, and was hanged and burned after undergoing frightful tortures. He had not the courage of Hus at Constance, or Luther at Worms, and his attempted reformation left nothing but a tragic memory.
8358 Tacitus (German, cap. 7) reports of the heathen Germans: "[Deum] adesse, bellantibus credunt."
9359 See Lea, p. 75-174. The wager of battle, as a judicial institution, must not be confounded with the private duel which has been more or less customary among all races and in all ages, and still survives as a relic of barbarism, though misnamed "the satisfaction of a gentleman." The judicial duel aims at the discovery of truth and the impartial administration of justice, while the object of the private duel is personal vengeance and reparation of honor.
0360 De Gloria Martyrum I. 81. Lea, p. 198.
1361 Judicium crucis, orstare ad crucem, Kreuzesprobe. A modification of it was the trial of standing with the arms extended in the form of a cross. In this way St. Lioba, abbess of Bischoffsheim, vindicated the honor of her convent against the charge of impurity when a new-born child was drowned in the neighborhood. Lea, p. 231.