The application of the sacrifice of the mass to persons in purgatory.

Not long before our time the case is told of a certain man who, having been taken captive, was carried far away [cf. Dialog., IV, 57], and because he was held a long time in chains his wife, since she had not received him back from that captivity, believed him to be dead and every week she had the sacrifice offered for him as already dead. And as often as the sacrifice was offered by his spouse for the absolution of his soul, the chains were loosed in his captivity. For having returned a long time after, greatly astonished he told his wife that on certain days each week his chains were loosed. His wife considered the days and hours, and then knew that he was loosed when, as she remembered, the sacrifice was offered for him. From that perceive, my dearest brothers, to what extent the holy sacrifice offered by us is able to loose the bonds of the heart, if the sacrifice offered by one for another can loose the chains of the body.

§ 103. THE FOUNDATION OF THE MEDIEVAL PENITENTIAL SYSTEM

The penitential system, as it was organized in the Western Church in the sixth, seventh, and eighth centuries, was but the carrying out of principles which had appeared elsewhere in Christendom and were involved in the primitive method of dealing with moral delinquents by the authorities of the Church. [See the epistles of Basil the Great to Amphilochius (Ep. 189, 199, 217) in PNF, ser. II, vol. VIII.] Similar problems had to be handled everywhere whenever the Church came to deal with moral conduct, and much the same solution was found everywhere. There is, however, no known connection between the earliest penitentials of the Western Church, those of Ireland, and the similar books of the East. There is no need of supposing that there was a connection. But in the case of the works attributed to Theodore of Tarsus, archbishop of Canterbury, himself a Greek and probably a

native of Tarsus, there is a provable connection which is evident to any one reading his work, as he refers to Basil and others. The characteristics of the Western penitentials are their minute division of sins, their exact determination of penances for each sin, and the great extent to which they were used in the practical work of the Church. They serve as the first crude beginnings of a moral theology of a practical character, such as would be needed by the poorly trained parish clergy of the times in dealing with their flocks. On account of the nature of these works, it is hardly necessary or expedient to give more than a few brief extracts in addition to references to sources. Much of the matter is extremely offensive to modern taste.

(a) King Æthelberht, Laws. Thorpe, Ancient Laws and Institutes (Rolls Series), 1 ff.

The Early Germanic Codes are full of regulations whereby for an injury the aggrieved party, or his family in case of his death, could be prevented from retaliating in kind upon the aggressor and his family. This was effected by a money payment as compensation for damages sustained, and the amount for each sort of injury was carefully regulated by law, i. e., by ancient custom, which was reduced to writing in the sixth century in some cases. The Laws of Ethelberht are written in Anglo-Saxon and are probably the earliest in a Teutonic language. For a translation of characteristic portions of the Salic Law, which should be compared with the Laws of Æthelberht to show the universality of the same system, see Henderson, Select Historical Documents of the Middle Ages, p. 176, London, 1892; also Hodgkin, Italy and Her Invaders, VI, 183, for the Lombard law of Rothari, a little later, but of the same spirit.

21. If any man slay another, let him make bot with a half leod-geld of 100 shillings.

22. If any man slay another at an open grave, let him pay 20 shillings and pay the whole leod within 40 days.

23. If a stranger retire from the land, let his kindred pay a half leod.

24. If any one bind a freeman, let him make bot with 20 shillings.

25. If any one slay a ceorl's hlaf-aeta,' let him make bot with 5 shillings.

38. If a shoulder be lamed,2 let bot be made with 12 shillings.

39. If the ear be struck off, let bot be made with 12 shillings.

40. If the other ear hear not, let bot be made with 25 shillings.

41. If an eye be struck out, let bot be made with 50 shillings.

51. For each of the four front teeth, 6 shillings; for the tooth that stands next to them, 4 shillings; for that which stands next to that, 3 shillings, and then afterward 1 shilling.

(b) Vinnian, Penitential. Wasserschleben, Die Bussordnungen der abendländischen Kirche, 108 ff.

This is one of the earliest of the penitentials and belongs to the Irish Church.

1. If one has committed in his heart a sin of thought and immediately repents of it, let him smite his breast and pray God for forgiveness and perform satisfaction because he has sinned.

2. If he has often thought of the sins and thinks of committing them, and is then victor over the thought or is overcome by it, let him pray God and fast day and night until the wicked thought disappears and he is sound again.

3. If he has thought on a sin and determines to commit it, but is prevented in the execution, so is the sin the same, but not the penance.3

6. If a cleric has planned in his heart to smite or kill his neighbor, he shall do penance half a year on bread and water according to the prescribed amount, and for a whole year

1 Member of household, a servant.

2 In case of assault and battery.

3 The preceding rules are clearly matter of moral direction, and indicate the transition from general advice to a scale of sins and punishments, such as follows.

abstain from wine and the eating of meat, and then may he be permitted again to approach the altar.

7. If it is a layman, he shall do penance for a whole week; for he is a man of this world and his guilt is lighter in this world and his punishment in the future is less.

8. If a cleric has smitten his brother [i. e., a clergyman] or his neighbor and drawn blood . . . he shall do penance a whole year on bread and water; he may not fill any clerical office, but must with tears pray to God for himself.

9. Is he a layman, he shall do penance for 40 days, and according to the judgment of the priest or some other righteous man pay a determined sum of money.

(c) Theodore of Tarsus, Penitential, I. Haddan and Stubbs, III, 73 f.

For Theodore of Tarsus, archbishop of Canterbury, see W. Stubbs, art. "Theodorus of Tarsus" in DCB. That he wrote a penitential is not certain. But that he was regarded as the author of a penitential is clear enough. In fact, his name is attached to penitentials in much the same way as David's name is attached to the whole book of Psalms. For a discussion of the various works attributed to Theodore, see Haddan and Stubbs, Councils and Ecclesiastical Documents, loc. cit. This is a characteristic penitential and may be regarded as following closely the decisions and opinions of Theodore. Much of it is unprintable in English.

Cap. I. On drunkenness. 1. If any bishop or other person ordained is customarily given to the vice of drunkenness, let him cease from it or be deposed.

If a monk vomit from drunkenness, let him do 30 days, penance.

3. If a presbyter or deacon do the same, let him do 40 days' penance.

4. If any one by infirmity or because he has abstained for a long time, and it is not his habit to drink or eat much, or for joy at Christmas or at Easter, or for the commemoration of any of the saints, does this, and he has not taken more than is decreed by the elders, he has done no wrong. If the bishop

should have commanded, he does no harm to him unless he himself does likewise.

5. If a believing layman vomits from drunkenness, let him do 15 days' penance.

6. He who becomes drunk against the commandment of the Lord, if he has a vow of holiness let him do penance 7 days on bread and water, and 70 days without fat; the laity without beer.

7. Whoever out of malice makes another drunk, let him do penance 40 days.

8. Whoever vomits from satiety let him do penance 3 days.

9. If with the sacrifice of the communion, let him do penance 7 days; but if out of infirmity, he is without guilt. Cap. II. On fornication.

Cap. III. On theft.

Cap. IV. On the killing of men. [This should be compared with the secular laws.]

I. If any one out of vengeance for a relative kill a man, let him do penance as for homicide 7 or 10 years. If, however, he is willing to return to relatives the money of valuation [Weregeld, according to the secular rating], the penance will be lighter, that is by one-half the length.

2. He who kills a man for vengeance for his brother, let him do penance 3 years; in another place he is said to do penance 10 years.

3. But homicides 10 or 7 years.

4. If a layman kills another man with thoughts of hatred, if he does not wish to relinquish his arms, let him do penance 7 years, without flesh and wine 3 years.

5. If any one kills a monk or a clergyman, let him relinquish his arms and serve God' or do 7 years' penance. He is in the judgment of the bishop. But he who kills a bishop or a presbyter, the judgment concerning him is in the king. 6. He who by the command of his lord kills a man, let in a monastery.

1 I. e.,