In the institutions of the church there was an article which has been hitherto very little noticed--namely, its penitential system. The study of this system is rendered much more interesting at the present day, since it is almost completely in accordance with the ideas of modern philosophy as to the principles and objects of the penal law. If we investigate the nature of the punishments used by the church, of the public penances which were its principal mode of inflicting chastisement, we shall find that their main design was to excite repentance in the mind of the criminal, and moral terror by the example in the beholders. There was also another idea mixed up with it--that of expiation. In a general point of view, I do not know if it be possible to separate the idea of expiation from that of punishment, and if there be not in every punishment a hidden and imperative demand for the expiation of the wrong committed, independently of the design of leading the guilty to repentance, and of scaring those who might be tempted to fall into crime. But putting aside this question, it is quite clear that repentance and example were the objects proposed by the church in its penitential system. Are these not also the objects of truly philosophic legislation? Have not the most enlightened jurists of the last age, and of our own days, advocated reform in the European penal legislation, upon the allegation of these very principles? Look at their works--look at those of Bentham, for example--and you will be surprised at the numerous resemblances you will find between the penal modes proposed by them and those employed by the church. They most certainly did not borrow them from her, nor could she have foreseen that her example might be one day adduced in aid of plans propounded by the least devout of philosophers. By all sorts of methods the church likewise strove to repress the tendency of society to violence and continual wars. Every one is aware that it was by 'the truce of God,' and numerous measures of the same nature, that the church struggled against the employment of force, and devoted itself to introduce into society a greater degree of order and mildness. These facts are so well known, that I am spared the trouble of entering into any detail. [Footnote 9] [Footnote 9: As many readers of this edition may not be such perfect masters of these facts as M. Guizot's auditory, it may be permitted the translator to mention, that the first volume of Robertson's History of Charles V. will be found the best expositor of these and other references which may not be familiar to the reader.] {112}