[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:

[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:

[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:

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.