tonement. In the middle ages, the
bishops and priests interrogated the criminal; compelled him to account
for his thoughts, words, and actions; and prescribed the terms of
his reconciliation with God. But as this discretionary power might
alternately be abused by indulgence and tyranny, a rule of discipline
was framed, to inform and regulate the spiritual judges. This mode
of legislation was invented by the Greeks; their _penitentials_ were
translated, or imitated, in the Latin church; and, in the time of
Charlemagne, the clergy of every diocese were provided with a code,
which they prudently concealed from the knowledge of the vulgar. In this
dangerous estimate of crimes and punishments, each case was supposed,
each difference was remarked, by the experience or penetration of
the monks; some sins are enumerated which innocence could not have
suspected, and others which reason cannot believe; and the more ordinary
offences of fornication and adultery, of perjury and sacrilege, of
rapine and murder, were expiated by a penance, which, according to the
various circumstances, was prolonged from forty days to seven years.
During this term of mortification, the patient was healed, the criminal
was absolved, by a salutary regimen of fasts and prayers: the disorder
of his dress was expressive of grief and remorse; and he humbly
abstained from all the business and pleasure of social life. But the
rigid execution of these laws would have depopulated the palace, the
camp, and the city; the Barbarians of the West believed and trembled;
but nature often rebelled against principle; and the magistrate labored
without effect to enforce the jurisdiction of the priest. A literal
accomplishment of penance was indeed impracticable: the guilt of
adultery was multiplied by daily repetition; that of homicide might
involve the massacre of a whole people; each act was separately
numbered; and, in those times of anarchy and vice, a modest sinner might
easily incur a debt of three hundred years. His insolvency was relieved
by a commutation, or _indulgence_: a year of penance was appreciated at
twenty-six _solidi_ of silver, about four pounds sterling, for the rich;
at three solidi, or nine shillings, for the indigent: and these alms
were soon appropriated to the use of the church, which derived, from the
redemption of sins, an inexhaustible source of opulence and dominion.
A debt of three hundred years, or twelve hundred pounds, was enough
to impo