In course of time the public confession of sins made to the whole
congregation was exchanged for a private confession made to the priest,
and instead of the public _satisfaction_ imposed by the whole
congregation, it was left to the priest to enjoin a _satisfaction_ or
external sign of sorrow which he believed was appropriate to the sin
committed and confessed. The substitution of a private confession to the
priest for a public confession made to the whole congregation, enlarged
the circle of sins confessed. The _secret_ sins of the heart whose
presence could be elicited by the questions of the confessor were added to
the open sins seen of men. The circle of _satisfactions_ was also widened
in a corresponding fashion.
When the imposition of _satisfactions_ was left in the hands of the
priest, it was felt necessary to provide some check against the
arbitrariness which could not fail to result. So books were published
containing lists of sins with the corresponding appropriate
_satisfactions_ which ought to be demanded from the penitents. If it be
remembered that some of the sins mentioned were very heinous (murders,
incests, outrages of all kinds), it is not surprising that the appropriate
_satisfactions_ or _penances_, as they came to be called, were very severe
in some cases, and extended over a course of years. From the seventh
century there arose a practice of commuting _satisfactions_ or penances. A
penance of several years’ practice of fasting might be commuted into
saying so many prayers or psalms, into giving a definite amount of alms,
or even into a money fine—and in this last case the analogy of the
_Wehrgeld_ of the Germanic tribal codes was frequently followed.(155)
These customary commutations were frequently inserted in the
_Penitentiaries_ or books of discipline. This new custom commonly took the
form that the penitent, who visited a certain church on a prescribed day
and gave a contribution to its funds, had the penance, which had been
imposed upon him by the priest in the ordinary course of discipline,
shortened by one-seventh, one-third, one-half, as the case might be. This
was in every case the commutation or relaxation of the penance or outward
sign of sorrow which had been imposed according to the regulations of the
Church, laid down in the _Penitentiaries (relaxatio de injuncta
pœnitentia)._ This was the real origin of Indulgences, and these earliest
examples were invariably a relaxation of ecclesiastical penalties which
had been imposed according to the regular custom in cases of discipline.
It will be seen that Luther expressly excluded this kind of Indulgence
from his attack. He declared that what the Church had a right to impose,
it had a right to relax. It was at first believed that this right to relax
or commute imposed penances was in the hands of the priests who had charge
of the discipline of the members of the Church; but the abuses of the
system by the priests ended by placing the power to grant Indulgences in
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