Chapter XXXII: I (1)

[218] For the poem see Hauréau, _Mélanges poétiques d’Hildebert de Lavardin_, p. 64 (Paris, 1882).

[219] Hauréau, _o.c._ p. 56.

[220] _Ibid._ p. 82.

[221] _Ibid._ p. 144.

[222] Migne, _Pat. Lat._ 171, col. 1428. This volume of Migne also contains the poems criticized and (some of them) edited by Hauréau in the book already referred to.

[223] Hildebert, _Epis._ i. 1 (Migne 171, col. 141).

[224] Hildebert, _Ep._ i. 22 (Migne 171, col. 197).

[225] A technical illustration from Roman law.

[226] Hildeberti, _Ep._ ii. 12 (Migne 171, col. 172-177). Compare _Ep._ i. 17, consoling a friend on loss of place and dignities. Hildebert’s works are in vol. 171 of Migne’s _Pat. Lat._ A number of his poems are more carefully edited by Hauréau in _Notices et extraits des MSS., etc._, vol. 28, ii. p. 289 _sqq._; and some of them in vol. 29, ii. p. 231 _sqq._ of the same series. The matter is more conveniently given by Hauréau in his _Mélanges poétiques d’Hildebert de Lavardin_. On the man and his writings see De servillers, _Hildebert et son temps_ (Paris, 1876); Hebert Duperron, _De Venerabilis Hildeberti vita et scriptis_ (Bajocis, 1855); also vol. xi. of _Hist. lit. de la France_; and (best of all) Dieudonné, _Hildebert de Lavardin, sa vie, ses lettres, etc._ (Paris, 1898).

[227] It is well known that the great Latin prose, in spite of variances of stylistic intent and faculty among the individual writers, was an artistic, not to say artificial creation, formed under the influence of Greek models. Cicero is the supreme example of this, and he is also the greatest of all Latin prose writers. After his time some great writers (_e.g._ Tacitus, Quintilian) preserved a like tradition; others (_e.g._ Seneca) paid less attention to it. And likewise on through the patristic period, and the Middle Ages too, some men endeavoured to preserve a classic style, while others wrote more naturally.

[228] Even as it is necessary, in order to appreciate some of the methods of the Latin classical poetry, to realize that their immediate antecedents lay in Greek Alexandrian literature rather than in the older Greek Classics.

[229] See Taylor, _Classical Heritage_, chapter viii.

[230] A palpable difficulty in judging mediaeval Latin literature is its bulk. The extant Latin classics could be tucked away in a small corner of it. Every well-equipped student of the Classics has probably read them all. One mortal life would hardly suffice to read a moderate part of mediaeval Latin. And, finally, while there are histories of the classic literature in every modern tongue, there exists no general work upon mediaeval Latin writings regarded as literature. Ebert’s indispensable _Allgemeine Geschichte der Literatur des Mittelalters_ ends with the tenth century. The author died. Within the scope of its purpose Dr. Sandys’ _History of Classical Scholarship_ is compact and good.

[231] _Ante_, Chapter X.

[232] _Post_, Chapter XXXII., I.

[233] See Sandys, _History of Classical Scholarship_, i. 463-464.

[234] There was no attempt at classicism in the narrative in which he recounted the _Translation_ of the relics of the martyrs Marcellinus and Peter from Rome to his own new monastery at Seligenstadt (Migne 104, col. 537-594). It was an entertaining story of a pious theft, and one may be sure that he wrote it more easily, and in a style more natural to himself than that shown in his consciously imitative masterpiece.

[235] _Ep._ vi. (Migne 100, col. 146).

[236] _Ep._ xxxii. (Migne 100, col. 187).

[237] _Ep._ xxxiii. (Migne 100, col. 187).

[238] _Capitula ad Presbyteros_ (Migne 105, col. 202).

[239] See _ante_, Chapter XII.

[240] _Chronicon_, cap. 35 (Migne 139, col. 46). The sense is easy to follow, but the impossible constructions render an exact translation quite impossible. It is doubtful whether this Benedictus was an Italian. The Italian writing of this period, like that of Liutprand, is easier than among more painful students north of the Alps. But otherwise its qualities are rarely more pronounced. Ease is shown, however, in the _Chronicon Venetum_ of John the Deacon (d. cir. 1008). See _ante_, Chapter XIII., III.

[241] Migne 133. This work fills four hundred columns in Migne. On Odo see _ante_, Chapter XII., II.

[242] Odo of Cluny, _Collationes_, lib. i. cap. i. (Migne 133, col. 519 and 520).

“Therefore God, Creator and Judge of mankind, although He have justly driven our race from that felicity of Paradise, yet mindful of His goodness, lest man all guilt should incur what he deserves, softens the sorrows of this pilgrimage with many benefits.... Indeed the purpose of that same Scripture is to press us from the depravities of this life. For to that end with its dreadful utterances, as with so many goads, it pricks our heart, that man struck by fear may shudder, and may recall to memory the divine judgments which he is wont so easily to forget, cut off by lust of the flesh and the solicitudes of earth.”

[243] Ruotgerus, _Vita Brunonis_, cap. 4 and 6; Pertz, _Mon. Germ. Script._ iv. p. 254, and Migne 134, col. 944 and 946. A translation of this passage is given _ante_, Vol. I., p. 310. See _ibid._, p. 314, for the scholarship and writings of Hermannus Contractus, an eleventh-century German. Ruotger’s clumsy Latin is outdone by the linguistic involutions of the _Life of Wenceslaus_, the martyr duke of Bohemia, written toward the close of the tenth century by Gumpoldus, Bishop of Mantua, who seems to have cultivated classical rhetoric most disastrously (Pertz, _Mon. Germ. Script._ iv. p. 211, and in Migne 135, col. 923 _sqq._).

[244] From Thurot, _Notices et extraits, etc._, 22 (2), p. 87, and p. 341 _sqq._, one may see that the principles of construction stated by mediaeval grammarians followed the usage of mediaeval writers in adopting a simpler or more natural order than that of classical prose. An extract, for example, from an eleventh-century MSS. indicates the simple order which this grammarian author approved: _e.g._ “Johannes hodie venit de civitate; Petrus, quem Arnulfus genuit et nutrivit, intellexit multa” (Thurot, p. 87).

[245] _Ante_, Chapter XXX., II.

[246] So likewise in regard to verse, the perfected two-syllable rhyme came first in Italy, and more slowly in the North, although the North was to produce better Latin poetry.

[247] _Ante_, Chapters XI., IV., and XVI.

[248] _Opusc._ xiv., _De ordine erimitarum_ (Migne 145, col. 329).

“We may see upon a tree a leaf ready to succumb beneath the wintry frosts, and, with the sap of autumnal clemency consumed, even now about to fall, so that it barely cleaves to the twig it hangs from, but displays most evident signs of (its) light ruin. The blasts are quivering, wild winds strike it from all sides, the mid-winter horror of heavy air congeals with cold; and that you may marvel the more, the ground is strewn with the rest of the leaves everywhere flowing down, and, with its locks laid low, the tree is stripped of its grace; yet that alone, none other remaining, endures, and, as the survivor of co-heirs, succeeds to the rights of the brotherhood’s possession. What then is left to be understood from consideration of this thing, save that a leaf of a tree cannot fall unless it receive beforehand the divine command?”

This description is rhetorically elaborated; but Damiani commonly wrote more directly, as in this sentence from a letter to a nobleman, in which Damiani urges him not to fail in his duty to his mother through affection for his wife: “Sed forte dices: mater mea me frequenter exasperat, duris verbis meum et uxoris meae corda perturbat; non possumus tot injuriarum probra perferre, non valemus austeritatis ejus et severae correptionis molestias tolerare” (_Ep._ vii. 3; Migne 144, col. 466). This needs no translation.

[249] _Ante_, Chapter XI., IV.

[250] _Proslogion_, cap. 24 (Migne 158, col. 239).

“Awaken now, my soul, and rouse all thy mind, and consider, as thou art able, of what nature and how great is that Good (God). For if single goods are objects of delight, consider intently how delightful is that good which contains the joy of all goods; and not such as in things created we have tried, but differing as greatly as differs the Creator from the creature. For if life created is good, how good is the life creatrix! If joyful is the salvation wrought, how joyful is the salvation which wrought all salvation! If lovely is wisdom in the knowledge of things created, how lovely is the wisdom which created all from nothing. In fine, if there are many and great delectations in things delightful, of what quality and greatness is delectation (_i.e._ the delectation that we take) in Him who made the delights themselves!”

The reader may observe that the word-order of Anselm’s Latin is preserved almost unchanged in the translation.

[251] “Meditatio II.” (Migne 158, col. 722).

“My soul is offended with my life. I blush to live; I fear to die. What then remains for thee, O sinner, save that all thy life thou weepest over all thy life, that it all may lament its whole self. But in this also is my soul miserably wonderful and wonderfully miserable, since it does not grieve as much as it knows itself (_i.e._ to the full extent of its self-knowledge) but secure, is listless as if it knew not what it may be suffering. O barren soul, what art thou doing? why art thou drowsing, sinner soul? The Day of Judgment is coming, near is the great day of the Lord, near and too swift the day of wrath, (that day!) day of tribulation and distress, day of calamity and misery, day of shades and darkness, day of cloud and whirlwind, day of the trump and the roar! O voice of the day of the Lord--harsh! Why sleepest thou, soul lukewarm and fit to be spewed out?”

[252] Perhaps it may seem questionable to treat Anselm as an Italian, since he left Lombardy when a young man. Undoubtedly his theological interests were affected by his northern environment. But his temperament and language, his diction, his style, seem to me more closely connected with native temperament.

[253] Annals for the year 1077 (Migne 146, col. 1234 _sqq._); also in _Mon. Germ. Script._ iii.

[254] _Sermo xvi._ (Migne 183, col. 851). The power of this passage keeps it from being hysterical. But the monkish hysteria, without the power, may be found in the writings of St. Bernard’s jackal, William of St. Thierry, printed in Migne, _Pat. Lat._ 180. Notice his _Meditationes_, for example; also his _De contemplando Deo_, printed among St. Bernard’s works (Migne 184, col. 365 _sqq._).

[255] _Sermo xv._ (Migne 183, col. 847). Translated _ante_, Vol. I., p. 411.

[256] _Ep._ xii., _ad Guigonem_ (Migne 182, col. 116).

[257] Bernard, _Ep._ 112, _ad Gaufridum_ (Migne 182, col. 255). For translation see _ante_, Vol. I., p. 398.

[258] _E.g._ _Ep._ i. and 144 (Migne 182, col. 70 and 300).

[259] _Ep._ 196, _ad Guidonem_ (Migne 182, col. 363). Translated _ante_, Vol. I., p. 401. See also the preceding letter, 195.

[260] As to Jerome’s two styles see Goelzer, _La Latinité de St. Jerome_, Introduction.

[261] _Ep._ ii. 33 (Migne 171, col. 256). Translation _ante_, Chapter XXX., III.

[262] See _ante_, Chapter XXX., I.

[263] “Against that signal gift of parent nature and grace, a shameless wrangler has stirred up an old calumny, condemned by the judgment of our ancestors; and, seeking everywhere comfort for his ignorance, he hopes to advance himself toward glory, if he shall see many like himself, see them ignorant, that is to say. For he has this special tumour of arrogance, that he would be making himself the equal of others, exalting his own good qualities (if they exist), and depreciating those of others. And he deems his neighbour’s defect to be his own advancement.

“Now it is indubitable to all truly wise, that Nature, kindest parent of all, and best-ordering directress, among the other living beings which she brought forth, distinguished man with the prerogative of reason and ennobled him with the exercise of eloquence (or ‘with the use of speech’): executing this with unremitting zeal and best-ordering decree, in order that man who was pressed and dragged to the lowest by the heaviness of a clodlike nature and the slowness of corporeal bulk, borne aloft as it were by these wings might ascend to the heights, and by obtaining the crown of true blessedness excel all others in happy reward. While Grace thus fecundates Nature, Reason watches over the matters to be inspected and considered; Nature’s bosom gives forth, metes out the fruits and faculty of individuals; and the inborn love of good, stimulating itself by its natural appetite, follows this (_i.e._ the good) either solely or before all else, since it seems best adapted to the bliss descried” (_Metal._ i. 1; Migne 199, col. 825). These translations are kept close to the original, in order to show the construction of the sentences.

[264] “There is another class of philosophers called the Ionic, and it took its origin from the more remote Greeks. The chief of these was Thales the Milesian, one of those seven who were called ‘wise.’ He, when he had searched out the nature of things, shone among his fellows, and especially stood forth as admirable because, comprehending the laws of astrology, he predicted eclipses of the sun and moon. To him succeeded his hearer, Anaximander, who (in turn) left Anaximenes as disciple and successor. Diogenes, likewise his hearer, arose and Anaxagoras who taught that the divine mind was the author of all things that we see. To him succeeded his pupil Archelaus, whose disciple is said to have been Socrates, the master of Plato, who, according to Apuleius, was first called Aristotle, but then Plato from his breadth of chest, and was borne aloft to such height of philosophy, by vigour of genius, by assiduity of study, by graciousness in all his ways, and by sweetness and force of eloquence, that, as if seated on the throne of wisdom, he has seemed to command by a certain ordained authority the philosophers before and after him. And indeed Socrates is said to have been the first to have turned universal philosophy to the improvement and ordering of manners; since before him all had devoted themselves chiefly to physics, that is to examining the things of nature” (_Polycraticus_, vii. 5; Migne 199, col. 643).

[265] “The most excellent man concluded his oration, and by the power of the blessed Peter absolved all who had taken the vow to go, and by the same apostolic authority confirmed it; and he instituted a suitable sign of this so honourable vow; and as a badge of soldiering (or knighthood), or rather, of being about to soldier, for God, he took the mark of the Lord’s Passion, the figure of a cross, made from material of any kind of cloth, and ordered it to be sewed upon the tunics and cloaks of those about to go. But if any one, after receiving this sign, or after making open promise, should draw back from that good intent, by base repenting or through affection for his kin, he ordained that he should be held an outlaw utterly and perpetually, unless he turn and set himself again to the neglected performance of his pledge.

“Furthermore, with terrible anathema he damned all who within the term of three years should dare to do ill to the wives, children, or property of those setting forth on this journey of God. And finally he committed to a certain and praiseworthy man (a bishop of some city on the Po, whose name I am sorry never to have found or heard) the care and regulation of the expedition, and conferred his own authority upon him over the tribute (?) of Christian people wherever they should come. Whereupon giving his benediction, in the apostolic manner, he placed his hands upon him. How sagaciously that one executed the behest, is shown by the marvellous outcome of so great an undertaking” (Guibert of Nogent, _Gesta Dei per Francos_, ii. 2; Migne 156, col. 702).

[266] _Hist. ecclesiastica_, pars iii. lib. xii. cap. 14 (Migne 188, col. 889-892). “Thomas, son of Stephen, approached the king, and offering him a mark of gold, said: ‘Stephen, son of Airard, was my sire, and all his life he served thy father (William the Conqueror) on the sea. For him, borne on his ship, he conveyed to England, when he proceeded to England in order to make war on Harold. In this manner of service serving him until death he gave him satisfaction, and honoured with many rewards from him, he flourished grandly among his people. This privilege, lord king, I claim of thee, and the vessel which is called _White Ship_ I have ready, fitted out in the best manner for royal needs.’ To whom the king said: ‘I grant your petition. For myself indeed I have selected a proper ship, which I shall not change; but my sons, William and Richard, whom I cherish as myself, with much nobility of my realm, I commend now to thee.’

“Hearing these words the sailors were merry, and bowing down before the king’s son, asked of him wine to drink. He ordered three measures of wine to be given them. Receiving these they drank and pledged their comrades’ health abundantly, and with deep potations became drunk. At the king’s order many barons with their sons went aboard the ship, and there were about three hundred, as I opine, in that fatal bark. Then two monks of Tiron, and Count Stephen with two knights, also William of Rolmar, and Rabellus the chamberlain, and Edward of Salisbury, and a number of others, went out from it, because they saw such a crowd of wanton showy youth aboard. And fifty tried rowers were there and insolent marines, who having seized seats in the ship were brazening it, forgetting themselves through drunkenness, and showed respect for scarcely any one. Alas! how many of them had minds void of pious devotion toward God!--‘Who tempers the exceeding rages of the sea and air.’ And so the priests, who had gone up there to bless them, and the other ministrants who bore the holy water, they drove away with derision and loud guffaws; but soon after they paid the penalty of their mocking.

“Only men, with the king’s treasure and the vessels holding the wine, filled the keel of Thomas; and they pressed him eagerly to follow the royal fleet which was already cutting the waves. And he himself, because he was silly from drink, trusted in his skill and that of his satellites, and rashly promised to outstrip all who were now ahead of him. Then he gave the word to put to sea. At once the sailors snatched their oars, and glad for another reason because they did not know what hung before their eyes, they adjusted their tackle, and made the ship start over the sea with a great bound. Now while the drunken rowers were putting forth all their strength, and the wretched pilot was paying slack attention to steering his course over the gulf, upon a great rock which daily is uncovered by the ebbing wave and again is covered when the sea is at flood, the left side of _White Ship_ struck violently, and with two timbers smashed, all unexpectedly the ship, alas! was capsized. All cried out together in such a catastrophe; but the water quickly filling their mouths, they perished alike. Two only cast their hands upon the boom from which hung the sail, and clinging to it a great part of the night, waited for some aid. One was a butcher of Rouen named Berold, and the other a well-born lad named Geoffrey, son of Gislebert of Aquila.

“The moon was then at its nineteenth in the sign of the Bull, and lighted the earth for nearly nine hours with its beams, making the sea bright for navigators. Captain Thomas after his first submersion regained his strength, and bethinking himself, pushed his head above the waves, and seeing the heads of those clinging to some piece of wood, asked, ‘What has become of the king’s son?’ When the shipwrecked answered that he had perished with all his companions, ‘Miserable,’ said he, ‘is my life henceforth.’ Saying this, and evilly despairing, he chose to sink there, rather than meet the fury of the king enraged for the destruction of his child, or undergo long punishment in chains.”

[267] _Post_, Chapter XLI.

[268] _Opus majus_, pars i. cap. 6.

[269] _Op. maj._ ii. cap. 14.

[270] _Op. maj._ iii. 1.

[271] _Op. maj._ ii. 14.

[272] For translation see _post_, Chapter XXXIV.

[273] _Post_, Chapter XXXVIII.

[274] _Itinerarium mentis in Deum_, Prologus, 2.

[275] _Ibid._ cap. vii. 6. For translations see _post_, Chapter XXXVIII.

[276] _Vita prima_, cap. xi. Translated _ante_, Vol. I., p. 427, note 1.

[277] _Spec. perfectionis_, ed. Sabatier, cap. 53. Translated _ante_, Vol. I., p. 427.

[278] _Ibid._ cap. 93. Translated _ante_, Vol. I., p. 432.

[279] Cap. li., ed. Graesse.

“Annunciation Sunday (Advent) is so called, because on that day by an angel the advent of the Son of God in the flesh was announced, for it was fitting that the angelical annunciation should precede the incarnation, for a threefold reason. For the first reason, of betokening the order, that to wit the order of reparation should answer to the order of transgression. Accordingly as the devil tempted the woman, that he should draw her to doubt and through doubt to consent and through consent to fall, so the angel announced to the Virgin, that by announcing he should arouse her to faith and through faith to consent and through consent to conceiving God’s son. For the second reason, of the angelic ministry, because since the angel is God’s minister and servant, and the blessed Virgin was chosen in order that she might be God’s mother, and it is fitting that the minister should serve the mistress, so it was proper that the annunciation to the blessed Virgin should take place through an angel. For the third reason, of repairing the angelical fall. Because since the incarnation was made not only for the reparation of the human fall, but also for the reparation of the angelical catastrophe, therefore the angels ought not to be excluded. Accordingly as the sex of the woman does not exclude her from knowledge of the mystery of the incarnation and resurrection, so also neither the angelical messenger. Behold, God twice announces to a woman by a mediating angel, to wit the incarnation to the Virgin Mary and the resurrection to the Magdalene.” The order of the Latin words is scarcely changed in the translation.

[280] In order that no reader may be surprised by the absence of discussion of the antique antecedents of the more particular genres of mediaeval poetry (Latin and Vernacular), I would emphasize the impossibility of entering upon such exhaustless topics. Probably the very general assumption will be correct in most cases, that genres of mediaeval poetry (_e.g._ the Conflicts or _Débats_ in Latin and Old French) revert to antecedents sufficiently marked for identification, in the antique Latin (or Greek) poetry, or in the (extant or lost) productions of the “low” Latin period from the third century downward. An idea of the difficulty and range of such matters may be gained from Jeanroy, _Les Origines de la poésie lyrique en France au moyen âge_ (Paris, 1889), and the admirable review of this work by Gaston Paris in the _Journal des savants_ for 1891 and 1892 (four articles). Cf. also Batiouchkof in _Romania_, xx. (1891), pages 1 _sqq._ and 513 _sqq._

[281] Cf. Taylor, _Classical Heritage of the Middle Ages_, chap. ix.

[282] There is much verse from noted men, Alcuin, Paulus Diaconus, Walafrid Strabo, Rabanus Maurus, Theodulphus. It is all to be found in the collection of Dümmler and Traube, _Poetae Latini aevi Carolini_ (_Mon. Germ._ 1880-1896).

[283] It is amusing to find a poem by Walafrid Strabo turning up as a favourite among sixteenth-century humanists. The poem referred to, “De cultura hortorum” (_Poet. Lat. aev. Car._ ii. 335-350), is a poetic treatment of gardening, reminiscent of the Georgics, but not imitating their structure. It has many allusions to pagan mythology.

[284] _Post_, p. 193 _sqq._

[285] _Ante_, Vol. I., p. 147.

[286] _Ante_, Chapter XI., III.

[287] The following leonine hexameters are attributed to Donizo:

“Chrysopolis dudum Graecorum dicitur usu,
Aurea sub lingua sonat haec Urbs esse Latina,
Scilicet Urbs Parma, quia grammatica manet alta,
Artes ac septem studiose sunt ibi lectae.”
Muratori, _Antiquitates_, iii. p. 912.

[288] William was a few years older than Donizo, and died about the year 1100. His hero is Robert Guiscard, and his poem closes with this bid for the favour of his son, Roger:

“Nostra, Rogere, tibi cognoscis carmina scribi,
Mente tibi laeta studuit parere Poeta:
Semper et auctores hilares meruere datores;
Tu duce Romano Dux dignior Octaviano,
Sis mihi, quaeso, boni spes, ut fuit ille Maroni.”
Muratori, _Scriptores_, v. 247-248.

[289] Muratori, _Script._ v. 407-457.

[290] Muratori, _Script._ vi. 110-161; also in Migne.

[291] Written at the close of the twelfth century. On these people see Ronca, _Cultura medioevale e poesia Latina d’ Italia_ (Rome, 1892).

[292] Muratori, vii. pp. 349-482; Waitz, _Mon. Germ._ xxii. 1-338. Godfrey lived from about 1120 to the close of the century. The _Pantheon_ was completed in 1185. Cf. L. Delisle, _Instructions du comité des travaux historiques, etc._; _Littérature latine_, p. 41 (Paris, 1890).

[293] _Matthaei Vindocinensis ars versificatoria_, L. Bourgain (Paris, 1879).

[294] _Ante_, Chapter XXX., III.

[295] Text from Hauréau, _Les Mélanges poetiques d’Hildebert de Lavardin_, p. 60: also in _Notices des manuscrits de la bib. nat._ t. 28, 2nd part (1878), p. 331.

[296] Hauréau gives a critical text of the _Carmen ad Astralabium filium_, in _Notices et extraits, etc._, 34, part ii., p. 153 _sqq._ Other not unpleasing instances of elegiac verse are afforded by the poems of Baudri, Abbot of Bourgueil (d. 1130). They are occasional and fugitive pieces--_nugae_, if we will. See L. Delisle, _Romania_, i. 22-50.

[297] The substance of this poem has been given _ante_, Chapter XXIX. On Alanus see also _post_, Chapter XXXVI., III.

[298] It is printed in Migne 209. Cf. _post_, p. 230, note 1.

[299] The _Ligurinus_ is printed in tome 212 of Migne’s _Patrol. Lat._ On its author see Pannenborg, _Forschungen zur deutschen Geschichte_, Band ii. pp. 161-301, and Band xiii. pp. 225-331 (Göttingen, 1871 and 1873).

[300] Alanus de Insulis, _De planctu naturae_ (Migne 210, col. 447). A translation of the work has been made by D. M. Moffat (New York, 1908). For other examples of Sapphic and Alcaic verses see Hauréau in _Notices et extraits, etc._, 31 (2), p. 165 _sqq._

[301] Wilhelm Meyer, a leading authority upon mediaeval Latin verse-structure, derives the principle of a like number of syllables in every line from eastern Semitic influence upon the early Christians. See _Fragmenta Burana_ (Berlin, 1901), pp. 151, 166. That may have had its effect; but I do not see the need of any cause from afar to account for the syllabic regularity of Latin accentual verse.

[302] Again Wilhelm Meyer’s view: see _l.c._ and the same author’s “Anfänge der latein. und griech. rhythmischen Dichtung,” _Abhand. der Bairish. Akad. Philos., philol. Klasse_, 1886.

[303] _Poet. Lat. aev. Car._ i. 116. Cf. Ebert, _Gesch. etc._ ii. 86. For similar verses see those on the battle at Fontanetum (A.D. 841), _Poet. Lat. aev. Car._ ii. 138, and the carmen against the town of Aquilegia, _ibid._ p. 150.

[304] Cf. _ante_, Vol. I., pp. 227, 228.

[305] Traube, _Poetae Lat. aevi Car._ iii. p. 731. Cf. Ebert, _Gesch. etc._ ii. 169 and 325.

[306] _Poet. Lat. aev. Car._ iii. 733.

[307] Du Meril, _Poésies populaires latines_, i. 400.

Perhaps the most successful attempt to write hexameters containing rhymes or assonances is the twelfth-century poem of Bernard Morlanensis, a monk of Cluny, beginning with the famous lines:

“Hora novissima, tempora pessima sunt, vigilemus.
Ecce minaciter imminet arbiter ille supremus.”

Bernardi Morlanensis, _De contemptu mundi_, ed. by Thos. Wright, Master of the Rolls Series, vol. 59 (ii.), 1872. Bernard says in his Preface, as to his measures: “Id genus metri, tum dactylum continuum exceptis finalibus, tum etiam sonoritatem leonicam servans....”

[308] “Carmina Mutinensia,” _Poet. Lat. aev. Car._ iii. 703. The poem has forty-two lines, of which the above are the first four. The usual date assigned is 924, but Traube in _Poet. aev. Car._ has put it back to 892.

[309] See further text and discussion in Traube, “O Roma nobilis,” _Abhand. Bairish. Akad. Philos., philol. Klasse_, 1891.

[310] The verbal Sequence or _prosa_ was thus a species of _trope_. Tropes were interpolations or additions to the older text of the Liturgy. The Sequences were the tropes appended to the last Alleluia of the _Gradual_, the psalm chanted in the celebration of the Mass, between the reading of the Epistle and the Gospel. Cf. Leon Gautier, _Poésie liturgique au moyen âge_, chap. iii. (Paris, 1886); _ibid._ _Œuvres poétiques d’Adam de Saint-Victor_, p. 281 _sqq._ (3rd ed., Paris, 1894).

[311] On the Sequence see Leon Gautier, _Poésie liturgique au moyen âge_ (Paris, 1886), _passim_, and especially the comprehensive summary in the notes from p. 154 to p. 159. Also see Schubiger, _Die Sängerschule St. Gallus_ (1858), in which many of Notker’s Sequences are given with the music; also v. Winterfeld, “Die Dichterschule St. Gallus und Reichenau,” _Neue Jahrbücher f. d. klassisch. Altertum_, Bd. v. (1900), p. 341 _sqq._

The present writer has found Wilhelm Meyer’s _Fragmenta Burana_ (Berlin, 1901) most suggestive; and in all matters pertaining to mediaeval Latin verse-forms, use has been made of the same writer’s exhaustive study: “Ludus de Antichristo und über lat. Rythmen,” _Sitzungsber. Bairisch. Akad. Philos., philol. Klasse_, 1882. See also Ch. Thurot, “Notices, etc., de divers MSS. latins pour servir à l’histoire des doctrines grammaticales au moyen âge,” in vol. xxii. (2) of _Notices et extraits des MSS._ pp. 417-457.

[312] “May our trumpet be guided mightily by God’s right hand, and may He hear our prayers with gentle and tranquil ear: for our praise will be accepted if what we sing with the voice a pure conscience sings likewise. And that we may be able, let us all beseech divine aid to be always present with us.... O good King, kind, just, and pitying, who art the way and the door, unlock the gates of the kingdom for us, we beg, and pardon our offences, that we may praise thy name now and through all the ages.”

[313] G. M. Dreves, “Die Prosen der Abtei St. Martial zu Limoges,” p. 59 (vol. vii. of Dreves’s _Analecta hymnica medii aevi_; Leipzig, 1889). “Let every band sing with fount renewed and the Spirit’s grace with joyful praise and clear mind. Now is made good the tenth part (_i.e._ the fallen angels), undone by fault; and thus that celestial casting out is made good in divine praise. Lo! the bright day of the Lord gleams through the broad spaces of the world: in which all the redeemed people exult because everlasting death is destroyed.”

[314] Published by Boucherie, “Mélanges Latins, etc.,” _Revue des langues romanes_, t. vii. (1875), p. 35.

“Alleluia! O flock, proclaim joy; with melodious praise utter deeds divine now fixed by revealed doctrine. Through the great sacrifice of Christ thou art liberated from death; the gates of hell destroyed, opened are heaven’s doors. Now He rules all things celestial and terrestrial by eternal power; wherein by the Father’s authority He gives judgment always just.”

[315] See Gautier, _Poésie liturgique_, p. 147 _sqq._ It came somewhat earlier in Italy. See Ronca, _Cultura medioevale, etc._, p. 348 _sqq._ (Rome, 1892).

[316] While Sequences may be called hymns, all hymns are not Sequences. For the hymn is the general term designating a verbal composition sung in praise of God or His saints. A Sequence then would be a hymn having a peculiar history and a certain place in the Liturgy.

[317] Contained in Migne 178, col. 1771 _sqq._ They have not been properly edited or even fully published.

[318] Reference should also be made to the six laments (_planctus_) composed by Abaelard (Migne 178, col. 1817-1823). They are powerful elegies, and exhibit a richness and variety of poetic measures. It may be mentioned that the pure two-syllable rhyme is found in hymns ascribed to Saint Bernard.

[319] Leon Gautier, the editor of the _Œuvres poétiques d’Adam de Saint-Victor_, in his third edition of 1894, has thrown out from among Adam’s poems our first and third examples. On Adam see _ante_, Chapter XXIX., II.

[320] Gautier, _Œuvres poétiques d’Adam de Saint-Victor_, i. 174.

[321] Gautier, _o.c._ 3rd edition, p. 87.

[322] Gautier, _o.c._ 1st edition, i. 201.

[323] Did the Sequence exert an influence upon Hrotsvitha, the tiresome but unquestionably immortal nun of Gandersheim, who flourished in the middle and latter part of the tenth century? She wrote narrative poems, like the _Gesta Ottonis_ (Otto I.) in leonine hexameters. Her pentameter lines also commonly have a word in the middle rhyming with the last syllable of the line. But it is in those famous pious plays of hers, formed after the models of Terence, that we may look for a kind of writing corresponding to that which was to progress to clearer form in the Sequence. Without discussing to what extent the Latin of these plays may be called rhythmical, one or two things are clear. It is filled with assonances and rude rhymes, usually of one syllable. It has no clear verse-structure, and the utterances of the _dramatis personae_ apparently observe no regularity in the number of syllables, such as lines of verse require.

[324] For these and other songs, written after the manner of Sequences, see Du Meril, _Poésies pop. lat._ i. p. 273 _sqq._ They are also printed by Piper in _Nachträge zur älteren deutschen Lit._ (Deutsche Nat. Lit.) p. 206 _sqq._ and p. 234 _sqq._ See also W. Meyer, _Fragmenta Burana_, p. 174 _sqq._ and Ebert, _Allgemeine Gesch. etc._ ii. 343 _sqq._

[325] Du Meril, _ibid._ i. p. 285.

[326] Wil. Meyer, _Fragmenta Burana_, p. 180.

[327] The best text of the “Phillidis et Florae altercatio” is Hauréau’s in _Notices et extraits_, 32 (1), p. 259 _sqq._ The same article has some other disputes or _causae_, e.g. _causa pauperis scholaris cum presbytero_, p. 289.

[328] Du Meril, _Poésies pop. lat._ ii. p. 108 _sqq._ The piece is a cento, and its tone changes and becomes brutal further on. The poems, from which are taken the preceding citations, are to be found in Wright’s _Latin Poems commonly attributed to Walter Mapes_ (London, 1841, Camden Society); _Carmina Burana_, ed. J. A. Schmeller; “Gedichte auf K. Friedrich I. (archipoeta),” in vol. iii. of Grimm’s _Kleinere Schriften_. Cf. also Hubatsch, _Die lateinischen Vagantenlieder_ (Gorlitz, 1870). The best texts of many of these and other “Carmina Burana,” and such like poems, are to be found in the contributions of Hauréau to the _Notices et extraits, etc._; especially in tome 29 (2), pp. 231-368; tome 31 (1), p. 51 _sqq._

[329] _Ante_, Vol. I., p. 145.

[330] _Ante_, Chapter IX., II. and III.

[331] For generous samples of it, see _Geistliche Lit. des Mittelalters_, ed. P. Piper (Deutsche National Literatur).

[332] For this novel, a Greek original is usually assumed; but the Middle Ages had it only in a sixth-century Latin version. It was copied in _Jourdain de Blaie_, a _chanson de geste_. See Hagen, _Der Roman von König Apollonius in seinen verschiedenen Bearbeitungen_ (Berlin, 1878). The other Greek novels doubtless would have been as popular had the Middle Ages known them. In fact, the _Ethiopica_ of Heliodorus, and others of these novels, did become popular enough through translations in the sixteenth century.

[333] Hugo of St. Victor says in the twelfth century: “Apud gentiles primus Darhes Phrygius Trojanam historiam edidit, quam in foliis palmarum ab eo scriptam esse ferunt” (_Erud. didas._ iii. cap. 3; Migne 176, col. 767).

On the Trojan origin of the Franks, Britons, and other peoples, see Joly in his “Benoit de St. More et le Roman de Troie,” pp. 606-635 (_Mem. de la Soc. des Antiquaires de Normandie_, vol. vii. 3{me} ser., 1869); also Graf, _Roma nella memoria, etc., del medio aevo_. The Trojan origin of the Franks was a commonplace in the early Middle Ages, see _e.g._ Aimoinus of Fleury in beginning of his _Historia Francorum_, Migne 139, col. 637.

On Dares the Phrygian and Dictys the Cretan see “Dares and Dictys,” N. E. Griffin (_Johns Hopkins Studies_, Baltimore, 1907); Taylor, _Classical Heritage_, pp. 40 and 360 (authorities); also, generally, L. Constans, “L’Épopée antique,” in Petit de Julleville’s _Histoire de la langue et de la littérature française_, vol. i. (Paris, 1896).

[334] Joseph of Exeter or de Iscano, as he is called, at the close of the twelfth century composed a Latin poem in six books of hexameters entitled _De bello Trojano_. It is one of the best mediaeval productions in that metre. The author followed Dares, but his diction shows a study of Virgil, Ovid, Statius, and Claudian. See J. J. Jusserand, _De Josepho Exoniensi vel Iscano_ (Paris, 1877); A. Sarradin, _De Josepho Iscano, Belli Trojani, etc._ (Versailles, 1878).

[335] _Eneas_, ed. by Salverda de Grave (Halle, 1891), lines 7857-9262.

[336] _Roman de Troie_, 5257-5270, ed. Joly; “Benoit de St. More et le Roman de Troie, etc.,” _Mem. de la Soc. des Antiquaires de Normandie_, vol. vii. 3{me} ser., 1869. On its sources see also L. Constans, in Petit de Julleville’s _Hist. de la langue et de la litt. française_, vol. i. pp. 188-220.

[337] _Roman de Troie_, 13235 _sqq._

[338] The _Roman de Thebes_, the third of these large poems, is temperate in the adaptation and extension of its theme. Its ten thousand or more lines of eight-syllable rhyming verse are no longer than the _Thebaid_ of Statius, and as a narrative make quite as interesting reading. Statius, who lived under Domitian, was a poet of considerable skill, but with no genius for the construction of an epic. His work reads well in patches, but does not move. Several books are taken up with getting the Argive army in motion, and when the reader and Jove himself are wearied, it moves on--to the next halt. And so forth through the whole twelve books. See Nisard, _Études sur les poètes latins de la décadence_, vol. i. p. 261 _sqq._ (2nd ed., Paris, 1849); Pichon, _Hist. de la litt. lat._ p. 606 (2nd ed., Paris, 1898). The _Roman de Thebes_ was not drawn directly from the work of Statius, but through the channels, apparently, of intervening prose compendia. It also evidently drew from other works, as it contains matters not found in Statius’s _Thebaid_. It is easy, if not inspiring reading. The style is clear, and the narrative moves. Of course it presents a general mediaevalizing of the manners of Statius’s somewhat fustian antique heroes; it introduces courtly love (_e.g._ the love between Parthonopeus and Antigone, lines 3793 _sqq._), mediaeval commonplaces, and feudal customs. It drops the antique conception of accursed fate as a fundamental motive of the plot, substituting in its place the varied play of romantic and chivalric sentiment.

Leopold Constans has made the _Roman de Thebes_ his own. Having followed the story of Oedipus through the Middle Ages in his _Légende d’Œdipe, etc._ (Paris, 1881) he has corrected some of his views in his critical edition of the poem, “Le Roman de Thèbes,” 2 vols., 1890 (_Soc. des anciens textes français_), and has treated the same matters more popularly in Petit de Julleville’s _Hist. de la langue et de la litt. française_, vol. i. pp. 170-188. These works fully discuss the sources, date, and language of the poem, and the later redactions in prose and verse through Europe.

[339] On Pseudo-Callisthenes see Paul Meyer, _Alexandre le Grand dans la littérature française du moyen âge_ (Paris, 1886); Taylor, _Classical Heritage, etc._, pp. 38 and 360. In the last quarter of the twelfth century Walter of Lille, called also Walter of Chatillon, wrote his _Alexandreis_ in ten books of easy-flowing hexameters. It is printed in Migne, _Pat. Lat._ 209, col. 463-572. Cf. _ante_, page 192. His work shows that a mediaeval scholar-poet could reproduce a historical theme quite soberly. His poem was read by other bookmen; but the Alexander of the Middle Ages remained the Alexander of the fabulous vernacular versions.

[340] See Gaston Paris, “Chrétien Légouais et autres imitateurs d’Ovide,” _Hist. litt. de la France_, t. xxix., pp. 455-525.

[341] The words “nexum mancipiumque” are more formal and special than the English given above.

[342] The early law had as yet devised no execution against the debtor’s property.

[343] The jurisconsults whose opinions were authoritative flourished in the second and third centuries. The great five were Gaius, Julian, Papinian, Ulpian, Paulus. Inasmuch as these jurisconsults of the Empire were members of the Imperial (or, later, Praetorian) Auditory, they were judges in a court of last resort, and their “responsa” were decisions of actual cases. They subsequently “digested” them in their books. See Munroe Smith, “Problems of Roman Legal History,” _Columbia Law Review_, 1904, p. 538.

[344] _Dig._ i. 1 (“De Just. et jure”) 1. See Savigny, _System des heutigen römischen Rechts_, i. p. 109 _sqq._ Apparently some of the jurists (_e.g._ Gaius, _Ins._ i. 1) draw no substantial distinctions between the _jus naturale_ and the _jus gentium_. Others seem to distinguish. With the latter, _jus naturale_ might represent natural or instinctive principles of justice common to all men, and _jus gentium_, the laws and customs which experience had led men to adopt. For instance, _libertas_ is _jure naturali_, while _dominatio_ or _servitus_ is introduced _ex gentium jure_ (_Dig._ i. 5, 4; _Dig._ xii. 6, 64). _Jus gentium_ represented common expediency, but its institutions (e.g. _servitus_) might or might not accord with natural justice. For _manumissio_ as well as _servitus_ was _ex jure gentium_ (_Dig._ i. 1, 4), and so were common modes and principles of contract. Ulpian’s notion of the _jus naturale_ as pertaining to all animals, and _jus gentium_ as belonging to men alone, was but a catching classification, and did not represent any commonly followed distinction.

[345] _Constitutio_ is the more general term, embracing whatever the emperor announces in writing as a law. The term rescript properly applies to the emperor’s written answers to questions addressed to him by magistrates, and to the decisions of his Auditory rendered in his name.

[346] For this whole matter, see vol. i. of Savigny’s _System des heutigen römischen Rechts_; Gaius, _Institutes_, the opening paragraphs; and the first two chapters of the first Book of Justinian’s _Digest_.

[347] _Dig._ i. 3, 32.

[348] _Dig._ i. 3, 10, and 12.

[349] _Dig._ i. 3, 14.

[350] _Ibid._ 39.

[351] _Dig._ l. 17, 30.

[352] _Dig._ l. 17, 31.

[353] _Ibid._ 54.

[354] _Ibid._ 202.

[355] _Dig._ l. 16, 24; _Ibid._ 17, 62.

[356] _Cod. Theod._ (ed. by Mommsen and Meyer) i. 1, 5.

[357] With the Theodosian Code the word _lex_, _leges_, begins to be used for the _constitutiones_ or other decrees of a sovereign.

[358] From the constitution directing the compilation of the _Digest_, usually cited as _Deo auctore_.

[359] The original plan of Theodosius embraced the project of a Codex of the jurisprudential law. See his constitution of the year 429 in _Theod. C._ i. 1, 5. Had this been carried out, as it was not, Justinian’s _Digest_ would have had a forerunner.

[360] _Juliani epitome Latina Novellarum Justiniani_, ed. by G. Haenel (Leipzig, 1873).

[361] Conrat, _Ges. der Quellen und Lit. des röm. Rechts_, pp. 48-59, and 161 _sqq._; Mommsen, _Zeitschrift für Rechtsges_. 21 (1900), _Roman. Abteilung_, pp. 150-155.

[362] Ed. by Bluhme, _Mon. Germ. leges_, iii. 579-630. Cf. Tardif, _Sources du droit français_, 124-128. A code of Burgundian law had already been made.

[363] Edited by Haenel, with the epitomes of it in parallel columns, under the name of _Lex Romana Visigothorum_ (Leipzig, 1849). See Tardif, _o.c._ 129-143.

[364] _Cod. Theod._ i. 4, 3; _Brev._ i. 4, 1.

[365] On these epitomes and glosses see Conrat, _Ges. der Quellen, etc._, pp. 222-252. Mention should be made of the Edict of Theodoric the Ostrogoth, a piece of legislation contemporary with the _Breviarium_ and the _Papianus_. In pursuance of Theodoric’s policy of amalgamating Goths and Romans, the Edict was made for both (_Barbari Romanique_). Its sources were substantially the same as those of the _Breviarium_, except that Gaius was not used. The sources are not given verbatim, but their contents are restated, often quite bunglingly. Naturally a Teutonic influence runs through this short and incomplete code, which contains more criminal than private law. No further reference need be made to it because its influence practically ceased with the reconquest of Italy by Justinian. It is edited by Bluhme, in _Mon. Ger. leges_, v. 145-169. See as to it, Savigny, _Geschichte des röm. Rechts_, ii. 172-181; Salvioli, _Storia del diritto italiano_, 3rd ed., pp. 45-47.

[366] Cf. Brunner, _Deutsche Rechtsgeschichte_, i. p. 109 _sqq._

[367] For the characteristics and elements of early Teutonic law see Brunner, _Deutsche Rechtsgeschichte_, Bd. i.

[368] See Brunner, _Deutsche Rechtsgeschichte_, i. p. 254 _sqq._, and 338-340.

[369] “Adversus Gundobadi legem,” c. 4 (_Mon. Germ. leges_, iii. 504). As to Agobard see _ante_, Vol. I. p. 232.

[370] The matter is suggested here only in its general aspects. The details present every kind of complication (for some purposes to-day a court will apply the law of the litigant’s domicile). The _professio_ (_professus sum_ or _professa sum_), by which a man or woman formally declares by what law he or she lives, remained common in Italy for five centuries after Pippin’s conquest, and indicates the legal situation there, especially of the Teutonic newcomers.

[371] One sees an analogy in the fortunes of the Boëthian translations of the more advanced treatises of Aristotle’s _Organon_. They fell into disuse (or never came into use) and so were “lost” until they came to light, _i.e._ into use, in the last part of the twelfth century.

[372] See Conrat, _Ges. der Quellen_, pp. 182-187.

[373] See Conrat, _Ges. der Quellen, etc._, pp. 162-166, 168-182, 192-202, 240-252.

[374] See Salvioli, _Storia di diritto italiano_, 3rd ed., 1899, pp. 84-90; ibid. _L’ Istruzione pubblica in Italia nei secoli VIII. IX. X._; Tardif, _Hist. des sources du droit français_, p. 281 _sqq._; Savigny, _Geschichte, etc._, iv. pp. 1-9; Fitting, “Zur Geschichte der Rechtswissenschaft im Mittelalter,” _Zeitschrift für Rges. Sav. Stift., Roman. Abteil._, Bd. vi., 1885, pp. 94-186; ibid. _Juristische Schriften des früheren Mittelalters_, 108 _sqq._ (Halle, 1876).

[375] A contemporary notice speaks of the enormous number of judges, lawyers, and notaries in Milan about the year 1000. Salvioli, _L’ Istruzione pubblica, etc._, p. 78. It is hard to imagine that no legal instruction could be had there.

[376] The evidence is gathered in different parts of Savigny’s _Geschichte_.

[377] _De parentelae gradibus_, see Savigny, _Geschichte_, Bd. iv. p. 1 _sqq._

[378] See Savigny, _Geschichte_, Bd. ii. pp. 134-163 (the text is published in an Appendix to that volume, pp. 321-428); Conrat, _Ges. der Quellen, etc._, pp. 420-549; Tardif, _Hist. des sources du droit français_, pp. 213-246.

[379] This follows the so-called Tübingen MSS., the largest immediate source of the _Petrus_. As well-nigh the entire substance of the _Petrus_ is drawn from the immediately prior compilations (which are still unpublished) its characteristics are really theirs.

[380] Apparently the chief magistrate of Valence: “Valentinae civitatis magistro magnifico.”

[381] _Petri exceptiones_, iii. 69.

[382] _Petrus_, i. 66.

[383] See Conrat, _Ges. der Quellen, etc._, 550-582; Tardif, _Hist. des sources, etc._, pp. 207-213; Fitting, _Zeitschrift für Rges._ Bd. vi. p. 141. It is edited by Bocking (Berlin, 1829) under the title of _Corpus legum sive Brachylogus juris civilis_.

[384] For instance, _Brach._ ii. 12, “De juris et facti ignorantia,” is short and clear. It follows mainly _Digest_ xxii. 6.

[385] _Summa Codicis des Irnerius_, ed. by Fitting (Berlin, 1894). See Introduction, and also Fitting in _Zeitschrift für Rechtsgeschichte_, Bd. xvii. (1896), _Romanische Abteilung_, pp. 1-96.

[386] Cf. _Summa Codicis Irnerii_, vii. 23, and vii. 31. 1.

[387] _Summa Codicis Irnerii_, i. 14. The corresponding passages in Justinian’s Codification are _Dig._ i. 3, lex 12 and 38, and _Codex_ vii. 45, lex 13.

[388] _Summa Codicis Irnerii_, vii. 22 and 23. The chief Justinianean sources are _Dig._ xli. 2, and _Cod._ xii. 32.

[389] See Salvioli, _Manuale, etc._, pp. 65-68; ibid. _L’ Istruzione pubblica in Italia_, pp. 72-75; Brunner, _Deutsche Rechtsgeschichte_, i. p. 387 _sqq._

[390] _Post_, Chapter XXXV., I.

[391] The Bologna school is commonly called the school of the glossators. Their work was to expound the law of Justinian; and their glosses, or explanatory notes, were the part of their writings which had the most permanent influence. The glosses were originally written between the lines or on the margins of the codices of the _Digest_, _Codex_, _Novels_, and _Institutes_.

[392] Savigny gives examples of Irnerius’s glosses in an appendix to the fourth volume of his _Geschichte_. Pescatore (_Die Glossen des Irnerius_, Greifswald, 1888) maintains that Savigny overstates the difference between the interlinear and the marginal glosses of Irnerius.

[393] On Placentinus see Savigny, _Geschichte_, iv. pp. 244-285.

[394] _Proemium_ to _De var. actionum_, given by Savigny, iv. p. 540.

[395] This is from the _proemium_ attached to one old edition, and is given in Sav. _Ges._ iv. p. 245. In an appendix, p. 542, Savigny gives an even more florid _proemium_ to the _Summa Codicis_ from a manuscript.

[396] On Azo, see Savigny, _Ges._ v. pp. 1-44.

[397] Quoted by Savigny. On Accursius see Sav. _Ges._ v. pp. 262-305.

[398] On Bartolus see Savigny, _Ges. etc._ vi. pp. 137-184.

[399] Cf. Savigny, _Ges._ v. pp. 222-261.

[400] “Ecclesia vivit lege Romana,” _Lex Ribuaria_, 58. This was universally recognized, although the individual _clericus_ might remain amenable to the law of his birth.

[401] For these matters see primarily the sixteenth book of the Theodosian Code, and book i. chap. 27. Also the suspected _Constitutiones Sirmondianae_ attached to that Code. Justinian’s _Codex_ and _Novellae_ add much. Zorn, in his _Kirchenrecht_, p. 29 _sqq._, gives a convenient synopsis of the matter.

[402] One observes that the opening chapter of Justinian’s _Digest_ speaks of _jurisprudentia_ as knowledge of divine as well as human matters.

[403] _Decretum_, i. dist. viii. c. i.

[404] _Decretum_, i. dist. ix. c. xi.; see _ibid._ dist. xiii., opening.

[405] Tardif, _Sources du droit canonique_, p. 175 _sqq._, has been chiefly followed here.

[406] On the above matters see (with the authorities and bibliographies therein given) Maasen, _Geschichte der Quellen, etc., der canonischen Rechts_ (Bd. i., to the middle of the ninth century); Tardif, _Sources du droit canonique_ (Paris, 1887); Zorn, _Lehrbuch des Kirchenrechts_ (Stuttgart, 1888); Gerlach, _Lehrbuch des catholischen Kirchenrechts_ (5th edition, Paderborn, 1890); Hinschius, _Decretales pseudo-Isidorianae_ (Leipzig, 1863); _Corpus juris canonici_, ed. by Friedberg (Leipzig, 1879-1881).

[407] Jurisdiction of the ecclesiastical courts embraced marriage and divorce, wills and inheritance, and, by virtue of their surveillance of usury and vows and oaths, practically the whole relationship between debtor and creditor.

[408] Volume ii. of R. W. and A. J. Carlyle’s _History of Mediaeval Political Theory in the West_ (1909) maintains that the statements of papal pretensions which were incorporated in the recognized collections of _Decretals_ were less extreme than those emanating from the papacy under stress of controversy.

[409] See Gierke, _Political Theories of the Middle Ages_, trans. by Maitland (Cambridge, 1900), p. 22 _sqq._ and notes. I would express my indebtedness to this book for these pages on mediaeval political theories. Dunning’s _History of Political Theories_ is a convenient outline; Carlyle’s _History of Mediaeval Political Theory_ gives the sources carefully.

[410] Occasionally _studium_ (knowledge, study, or science) is introduced as a third part or element of the human community or of human life. Thus in the famous statement of Jordanes of Osnabrück--the Romans received the Sacerdotium, the Germans the Imperium, the French the Studium. See Gierke, _Political Theories_, p. 104, note 8.

[411] Cf. Gierke, _o.c._ p. 109, note 16. But compare Carlyle, _o.c._ vol. ii. part ii. chaps. vii.-xi.

[412] Even toward the close of the Middle Ages Marsilius of Padua was almost alone in positing the absolute supremacy of the State, says Gierke.

[413] See Gierke, _o.c._ p. 144, note 131, and compare notes 132, 133, and 183 for attacks upon the plenary power of the pope.

[414] Gierke, _o.c._ pp. 31-32, and p. 139, notes 107 and 108.

[415] _Dig._ i. 4, 1; Gierke, _o.c._ p. 39 and pp. 146, 147.

[416] Gierke, _o.c._ p. 64.

[417] Gierke, _o.c._ p. 172, note 256. Cf. _ante_, p. 268.

[418] See Gierke, _o.c._ pp. 73-86, and corresponding notes.

[419] Little will be said in these pages of palpable crass heretics like the Cathari, for example. The philosophic ideas of such seem gathered from the flotsam and jetsam of the later antique world; their stock was not of the best, and bore little interesting fruit for later times. Such mediaeval heresies present no continuous evolution like that of the proper scholasticism. Progress in philosophy and theology came through _academic_ personages, who at all events laid claim to orthodoxy. All lines of advance leading on to later phases of philosophic, scientific, and religious thought, lay within the labours of such, some of whom, however, were suspected or even condemned by the Church, like Eriugena, Abaelard, or Roger Bacon. But these men did not stand apart from orthodox academic circles, and were never cast out by the Church. Thought and learning in the Middle Ages were domiciled in monastic, episcopal, or university circles; and these were at least conventionally orthodox.