§ 89.4. Social Condition.—From the point of view of German law the contract of betrothal had the validity of marriage and the subsequent nuptial ceremony or surrender of the bride to the bridegroom in a public legal manner by her father or legal guardian was held to be only the carrying out of that contract. The bridal ceremony with the ecclesiastical benediction of the marriage bond already legally tied, was frequently celebrated only on the day following the marriage, therefore after its consummation. The Capitulary of Charlemagne of A.D. 802 came to the support of the claims of the church (§ [61, 2]), ordaining that without previous careful enquiry as to the relationship of the parties by the priest, and the elders of the people, and also without the priestly benediction, no marriage could be concluded. The Pseudo-Isidorian decretals ascribed this demand to the popes of the 4th and 5th centuries. But the right to perform marriages was not thereby committed to the church; it was only that the religious consecration of the civil ordinance of marriage was now made obligatory. It seemed best of all when sooner or later the spouses voluntarily renounced marital intercourse; but this was strictly forbidden during Lent (§ [56, 4], [5]), on all festivals and on the station days of the week (Wednesday, Friday, Saturday and Sunday). Second marriages were branded with the reproach of incontinence and called forth a lengthened penance. There was on the other hand as yet no prohibition of divorce, and the marrying again of those separated was only unconditionally forbidden in particular cases. The church was not willing to tolerate mixed marriages with heathens, Jews and Arians. The Germans found it most difficult to reconcile themselves to the strict requirements of the church in regard to the prohibited degrees of relationship.National customs had regarded many such marriages, especially with a brother’s widow, as even a pious duty.[248]—Continuation, § [104, 6].—Slavery or Serfdom was an institution so closely connected among the Germans with their notions of property that the church could not think of its entire abolition; indeed the church itself, with its large landed possessions, owned quite a multitude of slaves.Yet it earnestly maintained the religious and moral equality of masters and servants, assigned to the manumission of slaves one of the first places among good works, and was always ready to give protection to bondmen against cruel masters.[249]—The church with special energy entered upon the task of Caring for the Poor; even proud and heartless bishops could not overlook it.Every well appointed church had several buildings in which the poor, the sick, widows and orphans were maintained at the church’s cost.[250]

§ 89.5. Practice of Pubic Law.—The custom of Blood Revenge was also a thoroughly German institution. It had, however, been fairly restricted by the custom of Composition or the payment of satisfaction in the form of a pecuniary fine. The church from its dislike of capital punishment decidedly favoured this system. As a means of securing judicial evidence oaths and ordeals were administered. Only the freeman, who was quite capable of acting in accordance with his own judgment, was allowed to take an Oath; the husband took the oath for his wife, the father for the children, the master for the slave. Relatives, friends and equals in rank swore along with him as sharers of his oath, Conjuratores. Although they repeated with him the oath formula, the meaning of their action simply was that they were fully satisfied as to the honour and truthfulness of him who took the oath. Where the oath of purgation was not allowed, conjuratores were not forthcoming and the other means of proof awanting, the Ordeal (Ordale from Ordâl=judgment) was introduced. Under this may be included:

  1. The Duel, derived from the old popular belief: Deum adesse bellantitus. Only a freeman was allowed to enter the lists. Old men, women, children and priests were allowed to put in their place another of the same rank by birth.
  2. Various fire tests; holding the bare hand a length of time in the fire; in a simple shirt walking over burning logs of wood; carrying glowing iron in the bare hand for nine paces; walking barefoot over nine or twelve glowing ploughshares.
  3. Two water tests: the accused was obliged to pick up with his naked hand a ring or stone out of a kettle filled with boiling water, or with a cord round his naked body he was cast into deep water, his sinking was the proof of his innocence.
  4. The cross test: he whose arms first sank with weariness from the cruciform position, was regarded as defeated.
  5. The Eucharist test, applied especially to priests: it was expected that the criminal should soon die under the stroke of God’s wrath. As a substitute for this among the laity we find the test of the consecrated morsel, Judicium offæ which the accused was required to swallow during mass.
  6. The bier test, Judicium feretri: if when the accused touched the wound of the murdered man blood flowed from the wound or forth from the mouth, it was regarded as proof of his guilt.

The church with its belief in miracles occupied the same ground as that on which the ordeal practice was rooted. It could therefore only combat the heathen conception of the ordeal and not the thing itself. But the church took charge of the whole procedure, and certainly did much to reduce the danger to a minimum. It was Agobard of Lyons, who died in A.D. 840, who first contended against the superstition as worthy of reprobation. Subsequently the Roman chair, first by Nicholas I., forbade ordeals of all kinds.—Among the various kinds of privileges involving the inviolability of person and goods, profession and business, the privileges of the church were regarded as next highest to those of the king. Any injury done to ecclesiastical persons or properties and any crime committed in a sacred place, required a threefold greater composition than ceteris paribus would have otherwise been required. The bishop ranked with the duke, the priest with the count.

§ 89.6. Church Discipline and Penitential Exercises (§ [61, 1]).—The German State allowed the church a share in the administration of punishments, and regarded an evildoer’s atonement as complete only when he had submitted to the ecclesiastical as well as the secular judgment. Out of this grew the institution of Episcopal Synodal Judicatures, Synodus, under Charlemagne. Once a year the bishop accompanied by a royal Missus was to travel over the whole diocese, and, of every parish priest assisted by assessors sworn for the purpose, should inquire minutely into the moral and ecclesiastical condition of each of the congregations under him and punish the sins and shortcomings discovered. Directions for the conducting of Synodal judicatures were written by Regino of Prüm and Hincmar of Rheims (§ [90, 5]). The state also gave authority to Ecclesiastical Excommunication by putting its civil forces at the disposal of the church. Pepin ordained that no excommunicated person should enter a church, no Christian should eat or drink with him, none should even greet him. Directions for the practice of Penitential Discipline are given in the various Penitentials or Confessional-books, which, after the pattern of forensic productions, settle the amount of penal exactions for all conceivable sins in proportion to their enormity. The Penitential erroneously ascribed to Theodore archbishop of Canterbury (§ [90, 8]) is the model upon which most of these are constructed. The Confessional-books that go under the names of the Venerable Bede and Egbert of York obtained particularly high favour. All these books, even in their earliest form extremely perverse and in their later much altered forms full of contradictions, errors and arbitrary positions, reduced the whole penitential practice to the utmost depths of externalization and corruption. How confused and warped the church idea of penitence had become is seen by the rendering of the word pœnitentia by penance, i.e. satisfaction, atonement. In the Penitentials pœnitere is quite identical with jejunare. The idea of pœnitentia having been once associated with external performances, there could be no objection to substitute the customary penitential act of fasting (§ [56, 7]) for other spiritual exercises, or by adoption of the German legal practice of receiving composition to accept a money tax for ecclesiastical or benevolent purposes. In this way the first traces made their appearance of the Indulgences of the later Roman Catholic church. It therefore followed from this, that, as satisfaction could be rendered for all sins by corresponding acts of penance, so these works might also be performed vicariously by others. Thus in the Penitentials there grew up a system of Penitential Redemptions which formed the most despicable mockery of all earnest penitence. For example, a direction is given as to how a rich man may be absolved from a penance of seven years in three days, without inconveniencing himself, if he produces the number of men needed to fast for him. Such deep corruption of the penitential discipline, however, aroused, in the 8th and 9th centuries, a powerful reaction against the Confessional-books and their corrupt principles. It was first brought forward at the English Synod at Clovesho in A.D. 747; in its footsteps followed the French Synods of Chalons in A.D. 813, of Paris A.D. 829, of Mainz, A.D. 847. The Council of Paris ordered that all Confessional-books should be seized and burnt. They nevertheless still continued to be used.—There did not as yet exist any universal and unconditional compulsion to make confession. The custom, however, of a yearly confession in the Easter forty days’ season was even during the 9th century so prevalent, that the omission of it was followed by a severe censure by the synodal court.The formulæ of absolution were only deprecative, not judicative.[251]

IV. THEOLOGY AND ITS BATTLES.

§ 90. Scholarship and Theological Science.[252]

With the exception of Ulfilas’ famous efforts, the Arian period of German church history is quite barren in scientific performances. Yet those few who preserved and fostered the scientific gains of earlier times were honoured and made use of by the noble-minded Ostrogoth king Theodoric, and under him Boethius [Boëthius] and Cassiodorus (§ [47, 23]) performed the praiseworthy task of saving the remnants of classical and patristic learning. For Spain the same office was performed by Isidore of Seville, who died in A.D. 636, whose text-books continued for centuries, even on this side the Pyrenees, to supply the groundwork of scholarly studies. The numerous Scottish and Irish monasteries maintained their reputation down to the 9th century for eminent piety and distinguished scholarship. Among the Anglo-Saxons the learned Greek monk Theodore of Tarsus, who died in A.D. 690, and his companion Hadrian, enkindled an enthusiasm for classical studies, and the venerable Bede, who died in A.D. 735, though he never quitted his monastery, became the most famous teacher in all the West, The Danish pirates did indeed crush almost to extinction the seeds of Anglo-Saxon culture, but Alfred the Great sowed them anew, though this revival was only for a little while. In Gaul Gregory of Tours, who died in A.D. 595, was the last representative of Roman ecclesiastical learning. After him we enter upon a chaos without form and void, from which the creative spirit of Charlemagne first called a new day which spread over the whole West its enlightening beams. This light, however, was put out even by the time of the great emperor’s grandson, and then we suddenly pass into the night of the Sæculum Obscurum (§ [100]).

§ 90.1. Rulers of the Carolingian Line.—Charlemagne, A.D. 768-814, may be regarded as beginning his scientific undertakings on his first entrance into Italy in A.D. 774. On this occasion he came to know the scholars Peter of Pisa, Paul Warnefrid, Paulinus of Aquileia, and Theodulf of Orleans, and brought them to his palace. From A.D. 782, however, the particularly brilliant star of his court was the Anglo-Saxon scholar Alcuin, whom Charles had met in Italy in the previous year. Scientific studies were now carried on in an exceedingly vigorous manner in the palace. The royal family, the whole court and its surroundings engaged upon them, but of them all Charles himself was the most diligent and successful of Alcuin’s students. In the royal school, Schola palatina, which was ambulatory like the royal residence itself, the sons and daughters of the king with the children of the most distinguished families of the land received a high-class education. The teaching staff was constantly recruited from England, Ireland and Italy. After such preparations Charles issued in A.D. 787 a circular to all the bishops and abbots of his kingdom which enjoined under threat of his severe royal displeasure that schools should be erected in all monasteries and cathedral churches. Meanwhile his endeavours were most successful, but were rather one-sided in the preference given to classical and patristic literature, without a proper national foundation. Charles’s great and generous nature indeed had a warm interest in national culture, but those around him, with the single exception of Paul Warnefrid, had in consequence of their Latin monkish training lost all taste for German thought, language and nationality, and fearing lest such studies might endanger Christianity and cause a relapse into paganism, they did not help but rather hindered the king’s effort to promote a national literature.—Louis the Pious, A.D. 814-840, had his weak government disturbed by the strifes of parties and of the citizens. This period, therefore, was not specially favourable to the development of scientific studies, but the seed sown by his father still bore noble fruit. His son Lothair issued an ordinance which gave a new organization to the educational system of Italy, indeed created it anew. But Italy restless and full of factions was the land where least of all such institutions could be successfully conducted.A new golden age, however, dawned for France under Charles the Bald, A.D. 840-877. His court resembled that of his great grandfather in having gathered to it the élite of scholars from all the West. The royal school gained new renown under the direction of Joannes Scotus Erigena. The cathedral and monastic schools of France vied with the most famous institutions of Germany (St. Gall, Fulda, Reichenau, etc.), and over the French episcopal sees men presided who had the most distinguished reputation for scholarship. But after Charles’s death the bloom of the Carolingian period passed away with almost inconceivable rapidity amid the commotions of the time into thick darkness, chaos and barbarism.