Folia Theologica et Canonica 11. 33/25 (2022)
Ius canonicum
154 SZABOLCS ANZELM SZUROMI, O.Praem. to be able to consider the confessed sins in cooperation with compassion of Jesus Christ.40 BW 19.29 again parallels confession with healing when it speaks of the individual consideration of sins of various gravities and circumstances and the imposition of the most appropriate spiritual remedy in a particular case.41 The sacrament of penance under the protection of the forum internum (i.e. BW 19.37) is clearly described in the collection, which in this context is a form of confrontation with moral justice (iustitia) provided by God’s mercy (misericordia). In order to better understand the role of the application of justice and mercy in the administration of the sacrament of penance, it is essential to examine the work of Alger of Liege (f 1132), De misericordia et iustitia ( between 1095 and 1121 )42, which gives a detailed theological background to penance and absolution. He cites the Moralia in lob in four places in his work, but it is clear that his exposition of the issues of mercy and justice is not based on the famous work of Pope Gregory the Great, since there is not a single reference to the afore-mentioned Book XXVI.43 Alger analyses lengthily that sin {peccatum) and crime {delictum) arise from the fragility {fragilitas) of human nature, which causes it to turn away from faithfulness to Christ again and again. This imperfect state {status imperfectus) makes it necessary to judge each human act {actus) according to the principle of justice, while keeping the principle of mercy handed down by Christ.44 Referring to Pope Gelasius (492-496), he stresses that every priest is given a special duty through the sacrament of penance to repair the wounds of the soul caused by sin, a ministry whose specificity is that justice cannot be compromised by the exercise of mercy, but that it is the exercise of mercy {misericordia) which can make the penitent persistent in his fidelity to justice.45 Alger also uses the term “pastoral medicine” for confessional activity {medicinapastorum).46 We cannot speak of Church discipline without the observance of mercy, just as it is impossible to exercise mercy without observing the framework of Church discipline. This clear summary of the principles of Pope Gregory the Great, which have been quoted several times, is inserted into the text of the Decretum Gratiani (D. 45 c. 9).47 The Decretum Gratiani obviously mentions 40 BW 19. 3: PL CXL. 950. 41 BW 19. 29: PL CXL. 985. 42 Kretzschmar, R., Alger von Lüttichs Traktat „De misericordia et iustitia” (Quellen und Forschungen zum Recht im Mittelalter 2), Sigmaringen 1985 (hereafter: Kretzschmar). 43 Moralia'. l.l.l=Alg. 1.44 (Kretzschmar 220); Moralia: 5.11.25 + 25.16.36 + 25.16.37=Alg. 2.34 (Kretzschmar 279); Moralia'. 25.16.34=Alg. 2.5 (Kretzschmar 259-260); Moralia: 32.20.39=Alg. 1.16 (Kretzschmar 202). 44 Alg. 1.3. 45 Alg. 1.10. 46 Alg. 1.24. 47 Friedberg I. 163-164.
