JNIVERS1TY OF CALIFORNIA SAN DiEGO . - TRANSLATIONS AND REPRINTS FROM THE ORIGINAL SOURCES OF EUROPEAN HISTORY VOLUME I PUBLISHED FOR THE DEPARTMENT OF HISTORY OF THE UNIVERSITY OF PENNSYLVANIA BY THE UNIVERSITY OF PENNSYLVANIA PRESS 3438 WALNUT STREET, PHILADELPHIA CONTENTS OF VOLUME I 1. Early Reformation Period in England. Edited by EDWARD P. CHEYNEY, A. M. 2. Urban and the Crusaders. Edited by DANA CARLETON MUNRO, A. M. 3. The Restoration and the European Policy of Metternich. Edited by JAMES HARVEY ROBINSON, Ph. D. 4. Letters of the Crusaders. Edited by DANA CARLETON MUNRO, A. M. 5. The French Revolution, 1789-1791. Edited by JAMES HARVEY ROBINSON, Ph. D. 6. English Constitutional Documents. Edited by EDWARD P. CHEYNEY, A. M. TRANSLATIONS AND REPRINTS PROM THE ORIGINAL SOURCES OF EUROPEAN HISTORY. VOL. I. THE EARLY REFORMATION PERIOD IN ENGLAND. No. i. WOLSEY, HENRY VIII, SIR THOMAS MORE AND HUGH LATIMER. TABLE OF CONTENTS. PAGE I. REPORTS OF VENETIAN AMBASSADORS IN ENGLAND. 1. Description of Wolsey by Giustiniani, . . 2 2. Description of Henry VIII by Pasqualigo, . . 3 3. Description of Henry VIII by Giustiniani, . . 4 II. LETTERS OF HENRY VIII, WOLSEY, AND ANNE BOLEYN. 1. Henry to Wolsey, ..... 5 2. Henry to Anne Boleyn, . . .6 3. Anne Boleyn and Henry to Wolsey, ... 7 4. Wolsey to Henry, ..... 8 III. LETTER OF ERASMUS TO ULRICH VON HUTTEN, DESCRIBING MORE, . . I *, "'*? ' ' '* ' 8 IV. LETTER OF MORE TO PETER GILES, TRANSMITTING T UTOPIA, . . . *,/? >'*>* '."' ' .' " '13 V. EXTRACTS FROM ROPER'S LIFE OF MORE, . 14 VI. LETTER FROM LATIMER TO HENRY VIII, . 16 VII. STATUTES. 1. Act of Supremacy, . . * . . 17 2. Act of the Six Articles, . . . . 18 VIII. EXTRACTS FROM A SERMON BY LATIMER, . . . 20 2 TRANSLATIONS AND REPRINTS. INTRODUCTION. The period of the Renaissance and the Reformation, which began in England with the closing years of the fifteenth century, was a period of individualism, and gave a greater opportunity of influence to men of genius than any earlier period had furnished. The loosening of the bonds of custom in intellectual and ecclesiastical system , and in political and economic organization, gave to the opinions and actions of individual men far more significance than they could have had in the Middle Ages. While the great currents of change could not, it is true, be diverted far from their course, yet particular direction and form were given to such change by the in- fluence of men who possessed conspicuous abilities, occupied a powerful position, or represented strong forces. Four such men especially stand out as representative men of the early part of the sixteenth century, both as guides of its movements and types of its characteristics. Cardinal Wolsey was the great statesman, full of schemes of control and reform in church and state, and of ambition for English in- fluence in the councils of Europe. Sir Thomas More was the representative of the "new learning," the keen critical intellect and broadened interests and sympathies which were transforming the entire habits of thought of the nation. Latimer repre- sented the earnest protestant spirit of moral reform and revolt against the old church system. Finally, Henry VIII was not only the central figure and dominating force in England during the period of his long reign, not merely the occasion of the beginning of the English Reformation, but the type and precursor of that enthusi- astic national spirit which was to reach its culmination in the reign of Queen Eliz- abeth. To give greater clearness to the personality of these four men is the object of the following selections from the abundant and picturesque contemporary records. I. REPORTS OF VENETIAN AMBASSADORS. j {'', i. A DESCRIPTION OF CARDINAL WOLSEY. Sebastian Gitisiiniani to the Senate, September zoth, 1519. i,*i i 1 ', 1 /'>I;>rqvra(, ;Calcndar of State Papers, Venetian, Vol. I, p. 560. The Cardinal of York is the same as he whom I have styled Orior\, in a work composed by me. He is of low origin and has two brothers, one of whom holds an untitled benefice, and the other is pushing his fortune. He rules both the king and the entire kingdom. On my first arrival in England he used to say to me, "His majesty will do so and so." Subsequently, by degrees, he forgot himself, and commenced saying, "We shall do so and so." At this present he has reached such a pitch that he says, "I shall do so and so." He is about forty-six years old, very handsome, learned, extremely eloquent, of vast ability DESCRIPTION OF CARDINAL WOLSEY. 3 and indefatigable. He alone transacts the same business as that which occupies all the magistracies, offices and councils of Venice, both civil and criminal, and all state affairs likewise are managed by him, let their nature be what it may. He is thoughtful, and has the reputation of being extremely just He favors the people exceedingly, and especially the poor, hearing their suits and seeking to despatch them instantly. He also makes the lawyers plead gratis for all who are poverty-stricken. He is in very great repute, seven times more so than if he were Pope. He has a very fine palace, where one traverses eight rooms before reaching his audience chamber. They are all hung with tapestry which is changed once a week. Wherever he is, he always has a sideboard of plate worth 25,000 ducats. His silver is estimated at 150,000 ducats. In his own chamber there is always a cupboard with vessels to the amount of 30,000 ducats, as is customary with the English nobility. He is supposed to be very rich indeed in money, plate and household stuff. The archbishopric of York yields him about 14,000 ducats, and the bishopric of Bath 8,000. One-third of the fees derived from the great seal are his, the other two are divided between the king and the chancellor. The cardinal's share amounts to about 5,000 ducats. By New Year's gifts he makes about 15,000 ducats. 2. A DESCRIPTION OF HENRY VIII IN 1515, Pasqualigo to his Brother. Brewer, Letters and Papers of the Reign of Henry VIII, Vol. I. p. xxviii. His majesty is the handsomest potentate I ever set eyes on; above the usual height, with an extremely fine calf to his leg ; his complexion very fair and bright, with auburn hair combed straight and short in the French fashion, and a round face so very beautiful that it would become a pretty woman, his throat being very long and thick. He wore a cap of crimson velvet, in the French fashion, and the brim was looped up all around with lacets and gold enamelled tags. His doublet was in the Swiss fashion, striped alternately with white and crimson satin, and his hose were scarlet and all slashed from the knee upwards. Very close around his neck he had a gold collar, from which there hung a rough-cut diamond, the size of the largest walnut I ever saw, and to this 4 TRANSLATIONS AND REPRINTS. was suspended a most beautiful and very large round pearl. His mantle was of purple velvet, lined with white satin, the sleeves open, with a train more than four Venetian yards long. This mantle was girt in front like a gown, with a thick gold cord, from which there hung large golden acorns like those suspended from a cardinal's hat; over this mantle was a very handsome gold collar, with a pendant St. George entirely of diamonds. Beneath the mantle he wore a pouch of cloth of gold, which covered a dagger, and his fingers were one mass of jewelled rings. 3. A DESCRIPTION OF HENRY VIII IN 1519. Sebastian Giustiniani to the Senate, September loth, 1519. Brown, Calendar of State Papers, Venetian, Vol. I, p. 559. His majesty is twenty-nine years old and extremely handsome. Nature could not have done more for him. He is much handsomer than any other sovereign in Christendom ; a great deal handsomer than the king of France ; very fair and his whole frame admirably pro- portioned. On hearing that Francis I wore a beard, he allowed his own to grow, and as it is reddish, he has now a beard that looks like gold. He is very accomplished, a good musician, composes well, is a most capital horseman, a fine jouster, speaks good French, Latin and Spanish, is very religious, hears three masses daily, when he hunts, and sometimes five on other days. He hears the office every day in the queen's chamber, that is to say vesper and compline. He is very fond of hunting, and never takes his diversion without tiring eight or ten horses, which he causes to be stationed beforehand along the line of country he means to take, and when one is tired he mounts another, and before he gets home they are all exhausted. He is extremely fond of tennis, at which game it is the prettiest thing in the world to see him play, his fair skin glowing through a shirt of the finest texture. He gambles with the French hostages, to the amount occasionally, it is said of from 6,000 to 8,000 ducats in a day. He is affable and gracious, harms no one, does not covet his neighbor's goods, and is satisfied with his own dominions, having often said to me, "Sir Ambassador, we want all potentates to content themselves with their own territories ; we are DESCRIPTION OP HENRY VIII. 5 satisfied with this island of ours." He seems extremely desirous of peace. He is very rich. His father left him ten millions of ready money in gold, of which he is supposed to have spent one-half in the war against France, when he had three armies on foot ; one crossed the Channel with him, another was in the field against Scotland, and the third remained with the queen in reserve. His revenues amount to about 350,000 ducats annually, and are derived from estates, forests and meres, the customs, hereditary and confiscated property, the duchies of Lancaster, York, Cornwall and Suffolk, the county palatine of Chester, and others, the principality of Wales, the export duties, the wool staple, the great seal, the annates yielded by Church benefices, the Court of Wards, and from New Year's gifts ; for on the first day of the year it is customary for his majesty to make presents to everybody, but the value of those he receives in return greatly exceeds his own outlay. His majesty's expenses may be estimated at 100,000 ducats, those in ordinary having been reduced from 100,000 to 56,000, to which must be added 16,000 for salaries, 5,000 for the stable, 5,000 for the halberdiers, who have been reduced from 500 to 150, and 16,000 for the wardrobe, for he is the best dressed sovereign in the world. His robes are very rich and superb, and he puts on new clothes every holiday. II. LETTERS OF HENRY VIII, WOLSEY, AND ANNE BOLEYN. i. HENRY TO WOLSEY, probably in August, 75/7. Halliwell's Letters of the Kings of England, Vol. I, pp. 285-6. Mine own Cardinal : I recommend me unto you with all my heart, and thank you for the great pain and labor that you do daily take in my business and matters, desiring you when you have well established them to take some pastime and comfort, to the intent that you may the longer endure to serve us ; for always pain cannot be endured. Surely you have so sub- stantially ordered our matters, both of this side of the sea and beyond, that, in my opinion, little or nothing can be added. Nevertheless, ac- cording to your desire, I do send you mine opinion by this bearer, the 6 TRANSLATIONS AND REPRINTS. reformation whereof I do remit to you and the remnant of our trusty counsellors who I am sure will substantially look on it. As touching the matter that Sir Win. Sandys brought answer of, I am well content with what order soever you do take in it. The queen, my wife, doth desire me to make her most hearty recommendations to' you, as to him that she loveth very well, and both she and I would know fain when you will repair to us. No more to you at this time, but that with God's help I trust we shall disappoint our enemies of their intended purpose. Written with the hand of your loving master, HENRY REX. 2. HENRY TO ANNE BOLEYN, probably in May, 1528. Harleian Miscellany, Vol. I, pp. 189-20x3. My mistress and friend : I and my good heart put ourselves in your hands, begging you to recommend us to your favor, and not to let absence lessen your affection to us. For it were great pity to increase our pain, which absence alone does sufficiently, and more than I could ever have thought ; bringing to my mind a point of astronomy, which is, that the farther the Moors are from us, the farther too is the sun, and yet his heat is the more scorching ; so it is with our love, we are at a distance from one another, and yet it keeps its fervency, at least on my side. I hope the like on your part> assuring you that the uneasiness of absence is already too severe for me ; and when I think of the continuance of that which I must of necessity suffer, it would seem intolerable to me, were it not for the firm hope I have of your unchangeable affection for me ; and now, to put you some- times in mind of it, and seeing I cannot be present in person with you, I send you the nearest thing to that possible, that is, my picture, set in bracelets, with the whole device, which you know already, wishing my- self in their place, when it shall please you. This from the hand of Your servant and friend, H. REX. LETTERS OF HENRY, ANNE BOLEYN AND WOL8EY. 7 3. ANNE BOLEYN AND HENRY TO WOLSEY, probably in September ', 1528. Harleian Miscellany, Vol. I, pp. 189-200. My lord : In my most humble wise that my heart can think, I desire you to pardon me that I am so bold to trouble you with my simple and rude writing, esteeming it to proceed from her that is most desirous to know that your grace does well, as I perceive by this bearer that you do. The which I pray God long to continue, as I am most bound to pray ; for I do know the great pains and troubles you have taken for me, both day and night, is never like to be recompensed on my part, but alonely in loving you next unto the king's grace, above all creatures living. And I do not doubt but the daily proofs of my deeds shall manifestly de- clare and affirm my writing to be true, and I do trust you do think the same. My lord, I do assure you, I do long to hear from you news of the legate ; for I do hope, an they come from you, they shall be very good, and I am sure you desire it as much as I, and more, an it were possible, as I know it is not. And thus remaining in a steadfast hope, I make an end of my letter, written with the hand of her that is most bound to be, Your humble servant, ANNE BOLEYN. The writer of this letter would not cease till she had caused me like- wise to set to my hand ; desiring you, though it be short, to take it in good part. I assure you there is neither of us but that greatly desireth to see you, and much more joyous to hear that you have scaped this plague so well, trusting the fury thereof to be past, specially with them that keepeth good diet, as I trust you do. The not hearing of the legate's arrival in France causeth us somewhat to muse; notwithstanding, we trust by your diligence and vigilancy (with the assistance of Almighty God) shortly to be eased out of that trouble. No more to you at this time ; but that I pray God send you as good health and prosperity, as the writer would. By your loving sovereign and friend, HENRY, K. 8 TRANSLATIONS AND REPRINTS. 4. WOLSEY TO HENRY, probably October 9, 1529. State Papers, I, 347. Most gracious and merciful sovereign lord : Though that I, your poor, heavy, and wretched priest, do daily pur- sue, cry and call upon your royal majesty for grace, mercy, remission and pardon, yet in most humble wise I beseech your highness not to think that it proceedeth of any mistrust that I have in your merciful goodness, nor that I would encumber or molest your majesty by any in- discreet or inopportune suit ; but that the same only cometh of an inward and ardent desire that I have continually to declare unto your highness how that next unto God, I desire nor covet any thing in this world but the attaining of your gracious favor and forgiveness of my trespass. And for this cause I cannot desist nor forbear, but be a continual and most lowly suppliant to your benign grace. For surely most gracious king, the remembrance of my folly, with the sharp sword of your highness' displeasure, hath so penetrated my heart, that I cannot but lamentably cry and say "It is sufficient;" now withold thy hand, most merciful king. Forgive and ye shall be forgiven. Blessed are the merciful. * * * * * Your grace's most prostrate poor chaplain, creature, and bedesman, THOMAS, Card. York, Most Unhappy. III. DESCRIPTION OF MORE BY ERASMUS. EpistolarumDesideriiErasmi Rotterdam! Libri 3 1, London, 1642; pp. 533-545. Latin. Erasmus of Rotterdam, to Ulrich von Hutten, sends greeting : * * * Since you urge me to describe More completely for you, as if painted in a picture, I would that I were able to depict him as clearly as you desire it vehemently. * * * I shall try to suggest, rather than adequately describe to you, the likeness of the whole man, as in daily intercourse I have been able to observe or remember it. Beginning with those characteristics of More which are most un- known to you ; in stature he is not tall, and yet above any conspicuous ERASMUS TO ULRICH VON HUTTEN. 9 shortness. Indeed the symmetry of his body is so great that you do not notice his size. He is of light complexion, his face fair rather than pale, yet far from being ruddy, except when a slight flush overspreads it. His hair is brownish yellow or, if you prefer, golden brown ; and his beard thin. His eyes are gray, with spots here and there on them, an indication of great talent, and considered in England the sign of an amiable temper, though our countrymen prefer black eyes. It is said that there is no sort of eyes less subject to disease. His face reflects his mind, and always wears a pleasant and mirthful expression, occasionally passing into a laugh ; and, to tell the truth, he is more inclined to pleas- antry than to gravity and dignity, though far removed from folly or buffoonery. His right shoulder has the look of being somewhat higher than his left, especially when he is walking the fault not of nature, but of habit, as is the case with many of our peculiarities. In the rest of his person there is nothing very striking, except that his hands are rather coarse, that is to say, in comparison with the general beauty of his per- son. He was always from his childhood very negligent of everything relating to his personal appearance, to such a degree, indeed, that he is not even accustomed to care greatly for those things which Ovid teaches us are alone worthy to be cared for by men. The gracefulness of form which he had when a youth is not now, as you might guess, that of a reed, since I myself knew the man when he was not more than twenty- three years old, for now he is over forty. His health is good rather than robust, yet sufficient for any labors worthy of an honest citizen ; and he suffers from no disease, or at any rate from very few. There is reason to hope he will be long-lived, since his father is a very old man and en- joys a wonderfully vigorous and hearty old age. I have never seen any one less fanciful in his choice of food. Until he was grown up he liked to drink water best a custom which he had from his father. But not to offend any one in this matter, he would deceive the company by using a tin cup for drinking, and then taking beer as thin as water, and often even plain water. Wine (it being the custom then for people to invite one another to drink out of the same cup) he would touch with the tips of his lips, that he might not seem absolutely to refuse it, and at the same time because he wished to accustom himself to things that are usual. He preferred plain roast beef, salt fish, and brown bread well-raised, to what most people con- sider delicacies, though he made no effort to abstain from anything that 10 TRANSLATIONS AND REPRINTS. gives harmless pleasure, even to the body. He was always fond of every- thing with milk in it, and of fruit ; eggs he regards as a luxury. His voice is neither loud nor very shrill, but penetrating, with no softness or melody ; and yet he speaks distinctly. Although he takes pleasure in all kinds of music, he does not seem to have been gifted by nature with a voice for singing. His speech is wonderfully precise and well enunciated, neither too rapid nor at all hesitating. He dresses very simply, and wears no silk or purple or gold chains, except when it is impossible to avoid it. He is exceedingly regardless of those ceremonies by which most people judge of good manners, and as he exacts them from no one, he is not anxious to show them to others ; yet he under- stands them perfectly, if he chooses to practice them. He thinks it effeminate, however, and unworthy of a man to spend a great part of one's time on such trivial concerns. To the court and intercourse with princes he was formerly much averse, because tyranny had always been particularly hateful to him, just as justice was attractive. You will scarcely find any court so disciplined as not to have much of bustle and of ambition, much guile and much luxury, and which is entirely free from every kind of tyranny. Nor, indeed, into the court of Henry VIII could he be drawn, except by much effort, although none can be found more order-loving and more moderate than this prince. More is by nature desirous of liberty and ease; but just as he uses ease gladly when it is given, so when business requires, no one is more careful or more laborious. One might suppose he had been expressly formed for friendship, so sincerely does he cultivate, and so tenaciously adhere to it. Nor is he afraid of having too many friends, although Hesiod condemns it. In fact, he is ready to strike up acquaintance with everybody, and while he is thus by no means fastidious in his choice of friends, he is ever most kind in showing them hospitality, and most constant in re- taining them. If by chance he falls in with any one whose faults are past cure, he takes an opportunity of dismissing him quietly, thus unty- ing, rather than rudely breaking the bonds of friendship. But when he finds any who are truly sincere and of congenial temperament, he is so fond of conversing with them and telling them stories, that you would fancy he considered this the greatest pleasure of life ; for he has an utter abhorrence of ball, dice, cards and other games with which most gentlemen beguile their hours of leisure. Moreover, while he is ERASMUS TO ULRICH VON HUTTEN. II inattentive to his own interest, he is most diligent in looking after the business of his friends. In short, whoever wants a perfect pattern of true friendship, cannot possibly do better than take it from the example of More. In company, he possesses such rare courtesy and sweetness of man- ner as would cheer any heart, however sad, or alleviate the tedium of any situation, however disagreeable. From his boyhood, he was always as fond of jokes as if he had come into the world for no other purpose; yet he never went to the length of scurrility, nor could he bear to utter an unkind word. When a lad, he both wrote farces, and acted in them. So great is his love for pleasantry, especially if it be sharp and really clever, that he would enjoy a joke even at his own expense, and this led him, when he was a young man, to amuse himself with writing epigrams; indeed, it was he who instigated me to write my "Praise of Folly," which was as much in my way as for a camel to dance. There is nothing, however, in the world, not even in the most serious business, from which he will not extract amusement. In company with learned and sensible men, he finds pleasure in intellectual converse ; but among fools or silly people, he amuses himself with their folly; nor do the most foolish people annoy him, so extraordinary is his power of adapting himself to every character. With ladies, and even with his wife, he does nothing but laugh and joke. You might fancy him a second Democritus, or rather that philosopher, the disciple of Pythagoras, who walking up and down the market place with his mind at leisure, calmly surveys the busy throng of buyers and sellers. No man is less influ- enced by the opinion of the world, and yet, on the other hand, there is no one who has more common sense. One of his greatest pleasures is to observe the form, the instincts and the dispositions of different ani- mals ; and there is hardly any kind of bird which he does not keep at home, besides other rare animals, as the ape, the fox, the ferret, the weasel, and such like. Besides, if he hears of any foreign, or otherwise interesting curiosity, he at once buys it ; and every corner of his house is so filled with these things that wherever you turn, something or other worth looking at attracts the eye, and so his own pleasure is renewed as often as he sees others pleased. No man was ever less greedy of filthy lucre. He has set aside for his children what he thinks enough for them, and the remainder he spends liberally. When he was living by his practice at the bar, he 12 TRANSLATIONS AND REPRINTS. gave to every one the truest and most friendly advice, looking to their advantage rather than his own ; and he would persuade many to com- pose their differences, telling them that that would be less expensive than going to law. If he could not succeed in that, seeing there are some people who delight in litigation, he would then point out how they might have their differences settled at the smallest possible expense. For several years he was a judge of civil causes in the city of London, where he was born an office, which as it has few duties connected with it, (the court sitting only on Thursday mornings,) is yet esteemed one of the greatest honor. No one ever dispatched more cases ; no one ever acted with greater integrity ; he often returned to the suitors the fees due by law. That is, if before the case is heard, the plaintiff de- posits a certain sum and the defendant the same, no more can be subse- quently demanded. In this way he brought it about that he was extremely beloved in his city. He had, however, decided to be content with this fortune, which had enough of authority, and yet was not sub- ject to great dangers. When he had been repeatedly sent on embassies, and in these had acted with conspicuous discretion, the most serene king, Henry VIII would not rest until he had dragged the man into the services of his court. For why should I not say "dragged?" No one ever went about more laboriously to be admitted to court, than this man tried to escape it. But since this most excellent king had made up his mind to fill his household with learned, grave, discreet and honorable men, as many others, especially did he summon More, whom he has there held in the greatest intimacy, so that he will never let him leave him. If serious matters had to be considered, no one was more wise in council than he ; if the king thought well to relax his mind with pleasant stories, no companion was more merry. If difficult cases demand a judge of special wisdom and gravity, More decides them so as to please both parties ; and yet never was he prevailed on to receive a bribe from any one. Happy would it be for the world, if every king could employ such ministers of justice as More. Nor has he, in consequence of his elevation, become too proud to remember his humble friends ; and amid the pressure of business, he yet finds time now and then to return to his beloved studies. Whatever power he has in virtue of his rank, whatever influence he enjoys through the favor of his sovereign, he uses it all for the good of his country and the good of his friends. At all ERASMUS TO ULRICH VON HUTTEN. 13 times he was most anxious to confer favors without distinction, and always leaned in a marvellous degree to the side of mercy ; and now, when he has more power, he indulges the spirit the more freely. He helps some with money, protects others by his authority; others he advances by his recommendations, while he aids with his advice those whom he cannot otherwise assist, and never sends any one from him dissatisfied. You would suppose More was the public patron of all poor men. He thinks it a great gain to himself to have relieved the oppressed, set at liberty the embarrassed or perplexed, or recovered the friendship of any one who was estranged from him. No one can be more ready to do a kindness, no one less exacting in looking for its re- payment. Now, though he is in many respects at the very pinnacle of good-fortune, and although good-fortune is usually accompanied by pride, I have never yet met with anyone who was more entirely free from that vice. He cultivates true piety diligently, though far removed from all superstition. He has hours in which he appeals to God in prayers suggested not by custom but by his heart. With his friends he talks about the life of the world to come, in such a way that you will recognize that he speaks from the heart, and with the best of hopes. Such is More at court. Yet there are those who think that Chris- tians are not to be found anywhere except in monasteries. Such men this most wise king not only admits, but invites, nor indeed only invites, but compels into his household, and even into his sleeping chamber, He has these as observers and continual witnesses of his life; he has them in his councils ; he has them as companions of his journeys. He takes pleasure in being closely surrounded by them, rather than by youths given up to luxury, or by girls, or even by bejewelled rich men, or insincere officials, of whom one summons him to unsuitable pleasures, another inflames him to tyranny, another suggest new means of despoil- ing the people. * * * * There are Mountjoy, Linacre, Pace, Colet, Stokesley, Clark, Latimer, More, Tunstal and others like these, of whom, when you name any one, you name at the same time a whole world of virtues and studies. * * * * Farewell. Antwerp, July 23, 1519. IV. LETTER OF MORE TO PETER GILES. 1516. Ralph Robinson's Translation, Arber Reprint, pp. 22-23. Latin. Thomas More to Peter Giles, sendeth greeting : 14 TRANSLATIONS AND REPRINTS. * * Only to write plainly the matter as I heard it spoken ; that indeed was a thing light and easy to be done. Howbeit to the dispatching of this so little business, my other cares and troubles did leave almost less than no leisure. While I do daily bestow my time about law matters ; some to plead, some to hear, some as an arbi- trator with mine award to determine, some as an umpire or a judge, with my sentence to discuss. Whiles I go one way to see and visit my friend ; another way about mine own private affairs. Whiles I spend almost all the day abroad among others, and the residue at home among mine own, I leave to myself, I mean to my book, no time. For when I am come home, I must commune with my wife, chat with my children, and talk with my servants. All the which things, I reckon and account among business, forasmuch as they must of necessity be done ; and done must they needs be, unless a man will be a stranger in his own house. And in any wise a man must so fashion and order his condition, and so appoint and dispose himself, that he be merry, jocund and pleasant among them, whom either nature hath provided, or chance hath made, or he himself hath chosen, to be the fellows and companions of his life ; so that with too much gentle behavior and familiarity, he do not mar them, and by too much sufferance of his servants, maketh them his masters. Among these things now rehearsed stealeth away the day, the month, the year, When do I write, then? And all this while, have I spoken no word of sleep, neither yet of meat, which among a great number doth waste no less time than doth sleep, wherein almost half the lifetime of man creepeth away. I therefore do win and get only that time which I steal from sleep and meat. Which time, because it is very little, and yet somewhat it is, therefore have I once at the last, though it be long first, finished Utopia ; and have sent it to you, friend Giles, to read and peruse. V. EXTRACTS FROM ROPERS LIFE OF MORE. Composed by his son-in-law, Wm. Roper, about 1555 ; first printed in 1626. And for the pleasure he (the king) took in his (More's) company, would his Grace suddenly sometimes come home to his (More's) house at Chelsea to be merry with him, whither on a time unlooked for he came to dinner, and after dinner, in a fair garden of his, walked with EXTRACTS FROM ROPER'S LIFE OF MORE. 15 him by the space of an hour holding his arm about his neck. As soon as his Grace was gone, I rejoicing, told Sir Thomas More how happy he was whom the king had so familiarly entertained, as I had never seen him do to any before, except Cardinal Wolsey, whom I saw his Grace once walk with, arm in arm. "I thank our Lord, son," quoth he, "I find his Grace my very good lord, indeed, and I do believe he doth as singularly favor me as any subject within this realm. Howbeit I may tell thee, I have no cause to be proud thereof. For if my head would win him a castle in France (for then there was war between us), it should not fail to go." On a time, walking along the Thames' side with me, at Chelsea, in talking of other things he said to me: "Now would to God, son Roper, upon condition three things were well established in Christendom, I were put in a sack and here presently cast into the Thames." "What great things be these, sir," quoth I, " that should move you so to wish?" "F faith, they be these, son," quoth he. "The first is, that whereas the most part of Christian princes be at mortal wars, they were at universal peace. The second, that where the church of Christ is at this present sore afflicted with many heresies and errors, it were well settled in an uniformity of religion. The third, that where the king's matter of his marriage is now come into question, it were to the glory of God and quietness of all parties brought to a good conclusion." Now upon his resignment of his office came Sir Thomas Cromwell, then in the king's high favor, to Chelsea, to him on a message from the king, wherein, when they had thoroughly communed together, "Mr. Cromwell," quoth he, "you are now entered into the service of a most noble, wise and liberal prince ; if you will follow my poor advice, you shall, in counsel-giving unto his Grace, ever tell him what he ought to do, but never tell him what he is able to do, so shall you show yourself a true faithful servant, and a right worthy councillor. For if the lion knew his own strength, hard were it for any man to rule him." After this, as the duke of Norfolk and Sir Thomas More chanced to fall in familiar talk together, the duke said unto him, "By the mass, Mr. More, it is perilous striving with princes, and therefore I would wish you somewhat to incline to the king's pleasure. For by God's body, Mr. More, 'the anger of the king is death.'" "Is that all, my 1 6 TRANSLATIONS AND REPRINTS. lord?" quoth he, "is there, in good faith, no more difference between your Grace and me, but that I shall die to-day and you to-morrow?" And so was he brought by Mr. Lieutenant out of the tower, and from thence led towards the place of execution, where, going up the scaffold, which was so weak that it was ready to fall, he said to Mr. Lieutenant, "I pray you, I pray you, Mr. Lieutenant, see me safe up, and for my coming down let me shift for myself." Then desired he all the people thereabouts to pray for him, and to bear witness with him that he should then suffer death in, and for the faith of the holy catholic church ; which done he kneeled down, and after his prayers said, he turned to the executioner, and with a cheerful countenance spake unto him: "Pluck up thy spirits, man, and be not afraid to do thine office. My neck is very short ; take heed therefore thou shoot not awry, for saving thine honesty." So passed Sir Thomas More out of this world to God. Soon after whose death came intelligence thereof to the Emperor Charles, whereupon he sent for Sir Thomas Elliott, our English ambas- sador, and said unto him: "My lord ambassador, we understand that the king, your master, hath put his faithful servant and grave, wise councillor, Six Thomas More, to death. * * * If we had been master of such a servant, of whose doings ourselves have had these many years no small experience, we would rather have lost the best city of our dominions, than have lost such a worthy councillor." VI. LETTER FROM LATIMER TO HENRY VIII, 1580. Latimer's Remains, published by the Parker Society, pp. 308-9. I pray to God that your Grace may take heed of the worldly wisdom which is foolishness before God ; that you may do that God commandeth, and not that seemeth good in your own sight, without the word of God ; that your Grace may be found acceptable in his sight, and one of the members of his church ; and according to the office that he hath called your Grace unto, you may be found a faithful minister of his gifts, and not a defender of his faith ; for he will not have it de- fended by man or man's power, but by his word only, by the which he ACT OF SUPREMACY. 17 hath evermore defended it, and that by a way far above man's power or reason. Wherefore, gracious king, remember yourself; have pity upon your soul ; and think that the day is even at hand when you shall give account for your office, and of the blood that hath been shed by your sword. In which day, that your Grace may stand steadfastly, and not be ashamed, but be clear and ready in your reckoning, and have, as they say, your quietus eat sealed with the blood of our Saviour Christ, which serveth at that day, is my daily prayer to Him that suffered death for our sins, which also prayeth to his Father for grace for us continually ; to whom be all honor and praise forever. Amen. The spirit of God preserve your Grace. VII. STATUTES. i. 777.fi: ACT OF SUPREMACY. 26 Henry VIII, c. i, (1534). Statutes of the Realm III, p. 492. English. An Act concernynge the Kynges Highnes to be supreme heed of the Churche of Englande and to have auctoryte to reforme and redresse all errours, heresyes and abuses yn the same. Albeit the Kynges Majestic justely and rightfully is and oweth to be the supreme heed of the Churche of England, and so is recog- nysed by the clergy of this Realme in theyr convocacions ; yet neverthe- lesse for corroboracion and confirmacion thereof, and for increase of vertue in Cristis Religion within this Realme of England, and to re- presse and extirpe all errours, heresies and other enormyties and abuses heretofore used in the same. Be it enacted by auctority of this present Parliament that the Kyng our Soveraign Lorde, his heires and succes- sours Kynges of this Realme shall be takyn, acceptyd, and reputed the onely supreme heed in erthe of the Churche of England callyd Anglicana Ecclesia, and shall have and enjoy e annexed and unyted to the Ymperyall Crowne of this Realme as well the title and style thereof, as all Honours Dignyties prehemynences jurisdiccions privileges auctorities ymunyties profitis and commodities to the said dignyties of supreme heed of the same Churche belongyng and apperteyning : And that our said Soveraigne Lorde his heires and successours Kynges of this 1 8 TRANSLATIONS AND REPRINTS. Realme shall have full power and auctorite from tyine to tyme to visite represse redresse refbrme order correct restrayne and amende all suche errours heresies abuses offences contemptes and enormyties whatsoever they be whiche by any maner spirituall auctoryte or juristiccion ought or maie lawfullye be reformyd repressyd ordred redressyd correctyd re- strayned or amendyd, most to the pleasure of almyghtie God the increase of vertue yn Chrystis Religion and for the couservacy of the peace unyte and tranquylyte of this Realme : Any usage custome foreyne laws foreyne auctoryte prescripcion or anye other thinge or thinges to the contrarie hereof notwithstanding^. 2. THE ACT OF THE SIX ARTICLES. 31 Henry VIII, c. 14, (1539), \ I. Statutes of the Realm, III, pp. 739-740. English. An Acte abolishing diversity in Opynions. Where the Kiiiges most excellent Majestic is by Gods lawe supreme head ymmediately under him of this hole churche and congregation of Englande intendinge the conservacion of the same Churche and congre- gation in a true syncere and unyforme doctrine of Christ's Religion. %. %. %. % ^c Forasmuche as in the saide parliament synode and convocaciori there were certen articles, matters and questions proponed and set forth touchinge Christen Religion. The Kinges most Royal Majestic most prudently ponderinge and consideringe that by occasion of variable and sundrie opinions and judge- ments of the saide articles, greate discorde and variance hathe arisen as well amongest the clergie of this his Realme as amongest a great num- ber of vulgar people his lovinge subjects of the same, and beinge in a full hope and truste that a full and perfect resolucion of the saide articles shoulde make a perfecte Concorde and unyte generally amonge all his lovinge and obedient subjects ; of his most excellent goodness not only commanded that the saide articles shoulde deliberately and ad- visedly by his saide Archbisshops Bishopps and other lerned men of his clergie be debated argued and reasoned, and their opinions therein to be understood declared and knowne, but also most graciously vouchsaved in his owne princelie persoa to discend and come into his said highe Courte of Parliament and Counsaile and there like a Prince of most highe Pru- dence and noe lesse leruynge opened and declared many things of highe ACT OF THE SIX ARTICLES. 19 lerning and great knowledge touchinge the said articles matters and questions, for an unytye to be had in the same ; whereupon, after a greate and longe deliberate and advised disputacion and consultacion had and made concerning the saide articles, as well by the consent of the Kinges Highnes as by thassent of the Lordes spirituall and temporall and other lerned men of his clergie in their convocacion, and by the consent of the Commons in this present parliament assembled, it was and is fynally resolved accorded and agreed in manner and forme following, that is to say : First, that in the most blessed Sacrament of the aulter, by the strengthe and efficacy of Christs myghtie worde, it beinge spoken by the prest, is present really, under the forme of bread and wyne, the naturale bodye and bloode of our Saviour Jesu Crist, conceyved of the Virgin Marie, and after the consecracion there remayneth noe substance of bread or wyne, nor any other substance but the substance of Criste, God and man ; secondly, that Comunion in bothe kinds is not necessarie ad salutem by the lawe of God to all persons ; and that it is to be beleved and not doubted of, but that in the fleshe under forme of bread is the verie blode, and withe the blode under forme of wyne is the verie fleshe, as well aparte as thoughe they were bothe together ; thirdly, that Priests after the order of Presthode recey ved as afore may not marye by the lawe of God ; fourthlye, that vowes of chastitye and wyd- owhood by man or woman made to God advisedly ought to be observed by the lawe of God, and that it exempteth them from other libertyes of Cristen people, which without that they myght enjoy e ; fyftly, that it is mete and necessarie that private masses be contynued and admytted in this the Kings English Churche and congregacion as whereby good Cristen people orderinge them selfes accordingly doe recey ve bothe godly and goodly consolacions and benefyttes and it is agreable also to Gods lawe ; sixtly, that auricular confession is expedient and necessarie to be retayned and contynued used and frequented in the Churche of God. 1 1 Subsequent paragraphs provide, (i), that any person teaching or preaching to the contrary of the first of the above articles should be adjudged a heretic, be put to death "by waye of burninge, " and should forfeit all his possessions to the king; (2), that any person teaching or preaching to the contrary of the other five articles should be adjudged a felon, suffer death accordingly, forfeiting all his goods as be- fore ; (3), all marriages of priests, monks, and nuns should be dissolved ; (4), all books containing matter contrary to the six articles should be burnt ; (5), the clergy should read the articles aloud in their churches once every three months ; (6), com- missioners should be appointed to see that the act was enforced. 2O TRANSLATION AND REPRINTS. VIII. EXTRACTS FROM A SERMON BY LATIMER. Sermon on "The Agony in the Garden," preached before King Edward VI, Good Friday, April igth, 1549. Seven Sermons before Edward VI, Arber Reprint, pp. 182-208. Quaecunque scripta sunt ad nostram doctrinam seripta sunt. All things that be written, they be written to be our doctrine. By occasion of this text, most honorable audience, I have walked this Lent in the broad fields of scripture and used my liberty and intreated of such mat- ters as I thought meet for this auditory. I have had a do with many estates, even with the highest of all. I have intreated of the duty of kings, of the duty of magistrates and judges, of the duty of prelates, allowing that that is good, and disallowing the contrary. I have taught that we are all sinners. I think there is none of us all, neither preacher nor hearer, but we may be amended, and redress our lives. We may all say, yea all the pack of us, peccavimus cum patribus nostris. We have offended and sinned, with our forefathers. In multis offendimus omnes. There is none of us all, but we have in sundry things griev- ously offended almighty God. I here intreated of many faults and re- buked many kinds of sins. I intend to-day by God's grace, to show you the remedy of sin. * Let us follow Christ which in his agony resorted to his father wiiii his prayer. This must be our pattern to work by. Here I might dilate the matter as touching praying to saints, here we may learn not to pray to saints. Christ bids us, ora pair em qui est in ccelis. Pray to thy Father that is in heaven, to the creator, and not to any creature. Faith is a noble duchess, she hath ever her gentleman usher going before her, the confession of sins ; she hath a train after her, the fruits of good works, the walking in the commandments of God. He that be- lieveth will not be idle, he will walk, he will do his business. Have ever the gentleman usher with you. So if you will try faith, remember this rule, consider whether the train be waiting upon her. If you will believe and acknowledge your sins, you shall come to the blessed communion of the bitter passion of Christ worthily, and so attain to everlasting life, to the which the Father of heaven bring you and me. Amen. FROM THE ORIGINAL SOURCES OF EUROPEAN HISTORY. VOL. I. URBAN AND THE CRUSADERS. No. 2. TABLE OF CONTENTS. I. SPEECH OF URBAN II AT THE COUNCIL OF CLERMONT. 1. Version given by Fulcher of Chartres 2 2. Version given by Robert the Monk 5 THE TRUCE OF GOD. 1. First Canon of the Council of Clermont 8 2. Truce of God for Diocese of Cologne, April 20, 1083 . 9 in. PRIVILEGES OF THE CRUSADERS. 1. Privilege granted by Urban II, 1095 12 2. Privileges granted by Eugene III, 1145 13 3. Decree of Philip Augustus, 1188, concerning debts of Crusaders 13 4. Privileges granted by Fourth L/ateran Council, 1215 . 16 5. Privileges granted for Crusade against Heretics in I/anguedoc, 1207-08 18 6. Privileges granted for Crusade against Frederic II, 1248 18 7. Privilege granted by I/ouis IX., 1270 19 IV. PKTER THE HERMIT. 1. Guibert of Nogent's Account 20 2. William of Tyre's Account 20 V. FDLCHKR'S ACCOUNT OF THE START 22 VI. SELECT BIBLIOGRAPHY 23 2 TRANSLATIONS AND REPRINTS. I. SPEECH OF URBAN II. AT THE COUNCIL OF CLERMONT. November 26, 1095. Four contemporaries, who were probably present at the Council of Clermont, give in their histories accounts of Urban's speech. No one pretends to reproduce his exact words. Each gives an outline of what was said, and dwells on the part which espec- ially interested him. Guibert of Nogent was most affected by the mysticism of the Pope, and the need of contending against Anti-Christ, when he should arise. Baldric of Dol's account is the least full, and adds little to the other accounts. The versions given by Fulcher of Chartres and Robert the Monk are reproduced here. (For other versions, see Rohricht: Beitrage zur Geschichte der Kreuzziige, II, 45.) The version of Urban's speech given by William of Tyre, though the one gen- erally quoted, is wholly untrustworthy. The learned bishop colors and reworks the accounts of the contemporaries, and adds some statements of his own. He speaks of Peter the Hermit, who is not mentioned by any one of the first four and who certainly was not mentioned by Urban. His whole account reflects the ideas of a later age. Of Urban's speech Wilken says : "Many orations have been delivered with as much eloquence, and in as fiery words as the Pope used, but no other oration has ever been able to boast of as wonderful results." ~"^j I. Version given by Fulcher of Chartres. Recueil, III, 322 ff. Bongars, I, 382-383. Latin. Most beloved brethren, moved by the exigencies of the times, I, Urban, wearing by the permission of God the papal tiara, and spiritual ruler of the whole world, have come here to you, the servants of God, as a messenger to disclose the divine admonition. I desire that those whom I have believed to be the faithful servants of God shall show themselves such, and that there shall be no shameful dissimulation. But if there is in you, contrary to God's law, any deformity or crooked- ness, because you have lost the moderation of reason and justice, I will earnestly strive to root out the fault. For the Lord has placed you over His family as stewards in order that you may feed its members with pleasant tasting food suited to the time. You will be happy indeed, if when He requires of you an account, He shall find that you have been faithful in your stewardships. You are also called shepherds ; be not hirelings. Be true shepherds and have your crooks always in your hands. Fall not asleep, but watch in all places over the flock com- mitted to your charge. For if, through your carelessness or negligence, any wolf snatches away a sheep, you will not only lose the reward pre- pared for you in the presence of your Lord, but also, having been first bitterly tortured by remorse for your crimes, you will be savagely hurled into the deadly abode. SPEECH OF URBAN II. 3 In the words of the Gospel, " Ye are the salt of the earth." But if you fail in your duty, how, we ask, can it be salted? Oh, how admirable is that salting ! Truly, you must strive by the salt of wisdom to correct these foolish people, hastening open-mouthed after the pleasures of this world, lest putrefied by sins and unsalted, they may be a stench in the nostrils when the Lord wills on some future day to address them. For if, through your neglect of duty, He shall find in them any worms, that is sins, He will in contempt order them to be hurled into the abyss of unclean things. And because you are unable to make good to Him so great a loss, He will certainly drive you, con- demned by His judgment, from the presence of His love. But for this reason the distributor of this salt ought to be wise, prudent, modest, pacific, learned, watchful, pious, just, equitable, pure. For how can the unlearned make others learned, the immodest make others modest, the impure make others pure? If anyone hates peace, how can he be a peace-maker? Or if one's own hands are unclean, how can he cleanse the impurities of another? We read also that " if the blind lead the blind, both shall fall into the ditch." Accordingly first correct yourselves, so that without reproach you may be able to correct those under your charge. If you wish to be the friends of God, do willingly the things which you believe to be agreeable to Him. Look to it especially that the rules of the church are vigorously maintained, so that simoniacal heresy in no way takes root among you ; take heed lest purchasers and venders alike, struck by the chastisement of the Lord, be miserably driven through narrow ways to confusion and destruction. Keep the church and those in its service entirely free from all secular power, cause the tithes due to God from all the fruits of the field to be faithfully paid ; let them not be sold or held back. If any one shall lay hands on a bishop, let him be considered as wholly an outlaw. If any one shall seize or despoil monks, priests, nuns, and their servants, or pilgrims or merchants, let him be anathematized. Let robbers, incendiaries and their accom- plices be shut out from the church and stricken with the anathema. Therefore we must, as Gregory says, especially consider how he, who steals the property of another, is to be punished, if he who from his own possessions does not employ a part in alms, incurs the damnation of hell. For so it befel Dives mentioned in the Gospel, who forsooth was punished not for having stolen the property of another, but because he was a bad steward of what had been intrusted to him. 4 TRANSLATIONS AND REPRINTS. By these evils, therefore, as has been said, dearly beloved brethren, you have seen the world troubled for a long time to such an extent that in some places in your provinces, as has been reported to us mayhap through your weakness in administering justice hardly any one can venture to travel upon the highways, by night or day, without danger of attack by thieves or robbers ; and no one is sure that his property at home or abroad will not be taken from him by the violence or craft of the wicked. Therefore, let us re-enact the law made by our holy ancestors long ago and commonly called " the Truce " [of God]. I most earnestly exhort you that each one should strenuously do all in his power to have it observed in his bishopric. But if any one misled by pride or cupidity breaks it voluntarily, let him be anathema- tized by the authority of God and by the sanction of the decrees of this council. (Here Urban paused and the council enacted the decrees which he desired, and which all who were present took oath to obey faithfully. The Pope then proceeded :) Since, oh sons of God, you have promised the Lord more earnestly than heretofore to maintain peace in your midst and faithfully to sustain the laws of the church, there remains for you, newly fortified by the correction of the Lord, to show the strength of your integrity in a certain other duty, which is not less your concern than the Lord's. For you must carry succor to your brethren dwelling in the East, and needing your aid, which they have so often demanded. For the Turks, a Persian people, have attacked them, as many of you know, and have advanced into the territory of Romania as far as that part of the Mediterranean which is called the Arm of St. George ;* and occupying more and more the lands of those Christians, have already seven times conquered them in battle, have killed and captured many, have de- stroyed the churches and devastated the kingdom of God. If you permit them to remain for a time unmolested, they will extend their sway more widely over many faithful servants of the Lord. Wherefore, I pray and exhort, nay not I, but the Lord prays and exhorts you, as heralds of Christ, by frequent exhortation, to urge men of all ranks, knights and foot-soldiers, rich and poor, to hasten to exter- minate this vile race from the lands of our brethren, and to bear timely aid to the worshippers of Christ. I speak to those who are present, I proclaim it to the absent, but Christ commands. Moreover, the sins *The Hellespont. SPEECH OF URBAN II. 5 I . of those who set out thither, if they lose their lives on the journey, by land or sea, or in fighting against the heathen, shall be remitted in that hour ; this I grant to all who go, through the power of God vested in me. Oh, what a disgrace if a race so despised, degenerate, and slave of the demons, should thus conquer a people fortified with faith in omnip- otent God and resplendent with the name of Christ ! Oh, how many reproaches will be heaped upon you by the Lord Himself if you do not aid those who like yourselves are counted of the Christian faith ! Let those who have formerly been accustomed to contend wickedly in pri- vate warfare against the faithful, fight against the infidel and bring to a victorious end the war which ought long since to have been begun. Let those who have hitherto been robbers now become soldiers of Christ. Let those who have formerly contended against their brothers and relatives now fight as they ought against the barbarians. Let those who have formerly been mercenaries at low wages, now gain eternal rewards. Let those who have been striving to the detriment both of body and soul, now labor for a two-fold reward. What shall I add? On this side will be the sorrowful and poor, on the other the joyful and the rich ; here the enemies of the Lord, there His friends. Let not those who are going delay their journey, but having arranged their affairs and collected the money necessary for their expenses, when the winter ends and the spring comes, let them with alacrity start on their journey under the guidance of the Lord. 2. Version given by Robert the Monk. Recueil, III, 727 ft. Bongars I, 31-32. Latin. Oh, race of Franks, race from across the mountains, race chosen and beloved by God as shines forth in very many of your works set apart from all nations by the situation of your country, as well as by your catholic faith and the honor of the holy church ! To you our discourse is addressed and for you our exhortation is intended. We wish you to know what a grievous cause has led us to your country, what peril threatening you and all the faithful has brought us. From the confines of Jerusalem and the city of Constantinople a horrible tale has gone forth and very frequently has been brought to our ears, namely, that a race from the kingdom of the Persians, an accursed race, a race utterly alienated from God, a generation forsooth which has not directed its heart and has not entrusted its spirit to God, has invaded the lands of those Christians and has depopulated them 6 TRANSLATIONS AND REPRINTS. by the sword, pillage and fire ; it has led away a part of the captives into its own country, and a part it has destroyed by cruel tortures ; it has either entirely destroyed the churches of God or appropriated them for the rites of its own religion. They destroy the altars, after having defiled them with their uncleanness. They circumcise the Christians, ''"anathe blood of the circumcision they either spread upon the altars or pour into the vases of the baptismal font. When they wish to torture people by a base death, they perforate their navels, and dragging forth the extremity of the intestines, bind it to a stake ; then with flogging they lead the victim around until the viscera having gushed forth the victim falls prostrate upon the ground. Others they bind to a post and pierce with arrows. Others they compel to extend their necks and then, attacking them with naked swords, attempt to cut through the neck with a single blow. What shall I say of the abominable rape of the women? To speak of it is worse than to be silent. The kingdom of the Greeks is now dismembered by them and deprived of territory so vast in extent that it can not be traversed in a march of two months. On whom therefore is the labor of avenging these wrongs and of recovering this territory incumbent, if not upon you? You, upon whom above other nations God has conferred remarkable glory in arms, great courage, bodily activity, and strength to humble the hairy scalp of those who resist you. Let the deeds of your ancestors move you -and incite your minds to manly achievements ; the glory and greatness of king Charles the Great, and of his son Louis, and of your other kings, who have destroyed the kingdoms of the pagans, and have extended in these lands the territory of the holy church. Let the holy sepulchre of the Lord our Saviour, which is possessed by unclean nations, especially incite you, and the holy places which are now treated with ignominy and irre- verently polluted with their filthiness. Oh, most valiant soldiers and descendants of invincible ancestors, be not degenerate, but recall the valor of your progenitors. But if you are hindered by love of children, parents and wives, remember what the Lord says in the Gospel, " He that loveth father or mother more than me, is not worthy of me." " Every one that hath forsaken houses, or brethren, or sisters, or father, or mother, or wife, or children, or lands for my name's sake shall receive an hundred-fold and shall inherit everlasting life." Let none of your possessions detain you, no solicitude for your family affairs, since this land which you SPEECH OF URBAN II. 7 inhabit, shut in on all sides by the seas and surrounded by the moun- tain peaks, is too narrow for your large population ; nor does it abound in wealth; and it furnishes scarcely food enough for its cultivators. Hence it is that you murder and devour one another, that you wage war, and that frequently you perish by mutual wounds. Let therefore hatred depart from among you, let your quarrels end, let wars cease, and let all dissensions and controversies slumber. Enter upon the road to the Holy Sepulchre ; wrest that land from the wicked race, and sub- ject it to yourselves. That land which as the Scripture says " floweth with milk and honey," was given by God into the possession of the children of Israel. Jerusalem is the navel of the world ; the land is fruitful above Others, like another paradise of delights. This the Redeemer of the human race has made illustrious by His advent, has beautified by residence, has consecrated by suffering, has redeemed by death, has glorified by burial. This royal city, therefore, situated at the centre of the world, is now held captive by His enemies, and is in subjection to those who do not know God, to the worship of the heathens. She seeks therefore and desires to be liberated, and does not cease to im- plore you to come to her aid. From you especially she asks succor, because, as we have already said, God has conferred upon you above all nations great glory in arms. Accordingly undertake this journey for the remission of your sins, with the assurance of the imperishable glory of the kingdom of heaven. When Pope Urban had said these and very many similar things in his urbane discourse, he so influenced to one purpose the desires of all who were present, that they cried out, " It is the will of God ! It is the will of God !" When the venerable Roman pontiff heard that, with eyes uplifted to heaven he gave thanks to God and, with his hand commanding silence, said : Most beloved brethren, to-day is manifest in you what the Lord says in the Gospel, " Where two or three are gathered together in my name there am I in the midst of them." Unless the Lord God had been present in your spirits, all of you would not have uttered the same cry. For, although the cry issued from numerous mouths, yet the origin of the cry was one. Therefore I say to you that God, who implanted this in your breasts, has drawn it forth from you. Let this then be your war-cry in combats, because this word is given to you by God. When an armed attack is made upon the enemy, let this one 8 TRANSLATIONS AND REPRINTS. cry be raised by all the soldiers of God : It is the will of God ! It is the will of God ! And we do not command or advise that the old or feeble, or those unfit for bearing arms, undertake this journey ; nor ought women to set out at all, without their husbands or brothers or legal guardians. For such are more of a hindrance than aid, more of a burden than advantage. Let the rich aid the needy ; and according to their wealth, let them take with them experienced soldiers. The priests and clerks of any order are not to go without the consent of their bishop ; for this journey would profit them nothing if they went without permission of these. Also, it is not fitting that laymen should enter upon the pil- grimage without the blessing of their priests. Whoever, therefore, shall determine upon this holy pilgrimage and shall make his vow to God to that effect and shall offer himself to Him as a living sacrifice, holy, acceptable unto God, shall wear the sign of the cross of the Lord on his forehead or on his breast. When, truly, having fulfilled his vow he wishes to return, let him place the cross on his back between his shoulders. Such, indeed, by the two-fold action will fulfill the precept of the Lord, as He commands in the Gos- pel, " He that taketh not his cross and followeth after me, is not worthy of me." II. THE TRUCE OF GOD. The Truce of God was proclaimed at Clermont, but the wording of the decree has not been preserved. Consequently, we give here, first, the Canon enacted by the Council, as reported by William of Malmesbury, and second, a Truce which was framed twelve years before and which served as a model for later enactments. I. The First Canon of the Council of Clermont. William of Malmesbury, Book IV, chap. 2. Rolls Series. Latin. Be it enacted, that monks, clergymen, women, and those who may be with them, shall remain in peace every day ; farther, on three days, viz., the second, third and fourth days of the week, an injury done to any one shall not be considered an infraction of the Peace ; but on the remaining four days, if any one injures another, he shall be considered a violator of the Sacred Peace, and shall be punished in the manner decreed. TRUCE OF GOD. 9 2. The Truce of God for the Diocese of Cologne.* April 20, 1083. M. G. LL. vol. ii (1837), pp. 55-58, left-hand columns. Reprinted from the above in Altmann and Bernheim's Ausgewahlte Urkunden, etc. (Berlin, 1895), PP- 204-207, Latin. Inasmuch as in our own times the church, through its members, has been extraordinarily afflicted by tribulations and difficulties, so that tranquility and peace were wholly despaired of, we have endeavored by God's help to aid it, suffering so many burdens and perils. And by the advice of our faithful subjects we have at length provided this remedy, so that we might to some extent re-establish, on certain days at least, the peace which, because of our sins, we could not make enduring. Accordingly we have enacted and set forth the following : having called together our parishioners to a legally summoned council, which was held at Cologne, the chief city of our province, in the Church of St. Peter, in the io83d year of our Lord's Incarnation, in the sixth indiction, on the XII day before the Kalends of May, after arranging Other business, we have caused to be read in public what we proposed to do in this matter. After this had been for some time fully discussed " pro and con " by all, it was unanimously agreed upon, both the clergy and the people consenting, and we declared in what manner and during what parts of the year it ought to be observed : Namely, that from the first day of the Advent of our Lord througi Epiphany, and from the beginning of Septuagesima to the eighth day after Pentecost and through that whole day, and throughout the year on every Sunday, Friday and Saturday, and on the fast days of the four seasons, and on the eve and the day of all the apostles, and on all days canonically set apart or which shall in the future be set apart for fasts or feasts, this decree of peace shall be observed ; so that both those who travel and those who remain at home may enjoy security and the most entire peace, so that no one may commit murder, arson, robbery or assault, no one may injure another with a sword, club or any kind of weapon, and so that no one irritated by any wrong, from the Advent of our Lord to the eighth day after Epiphany, and from Septua- gesima to the eighth day after Pentecost, may presume to carry arms, * This document has been preserved only in the form in which the Bishop of Cologne communicated it to the Bishop of Miinster. The Truce decreed by Henry IV. in 1085 is modeled upon this, and its language is in many parts the same. A translation of the latter decree can be found in Henderson's Select Historical Docu- ments (London, 1892), pp. 208-211. IO TRANSLATIONS AND REPRINTS. shield, sword or lance, or moreover any kind of armor. On the remaining days indeed, viz., on Sundays, Fridays, apostles' days and the vigils of the apostles, and on every day set aside, or to be set aside, for fasts or feasts, bearing arms shall be legal, but on this condition, that no injury shall be done in any way to any one. If it shall be neces- sary for any one in the time of the decreed peace i. y the dissensions among the leaders, we pro- 10 TRANSLATIONS AND REPRINTS. ceeded into Syria, stormed Barra and Marra, cities of the Sara- cens, and captured the fortresses in that country. And while we were delaying there, there was so great a famine in the army that the Christian people now ate the putrid bodies of the Saracens. Finally, by the divine admonition, we entered into the interior of Hispania, 1 and the most bountiful, merciful and victorious hand of the omnipotent Father was with us. For the cities and fortresses of the country through which we were proceeding sent ambassadors to us with many gifts and offered to aid us and to surrender their walled places. But because our army was not large and it was the unanimous wish to hasten to Jerusalem, we accepted their pledges and made them tributaries. One of the cities forsooth, which was on the sea-coast, had more men than there were in our whole army. And when those at Antioch and Laodicea and Archas heard how the hand of the Lord was with us, many from the army who had remained in those cities fol- lowed us to Tyre. Therefore, with the Lord's companionship and aid, we proceeded thus as far as Jerusalem. And after the army had suffered greatly in the siege, especially on account of the lack of water, a council was held and the bishops and princes ordered that all with bare feet should march around the walls of the city, in order that He who entered it humbly in our behalf might be moved by our humility to open it to us and to exercise judgment upon His enemies. God was appeased by this humility and on the eighth day after the humiliation He delivered the city and His enemies to us. It was the day indeed on which the primitive church was driven thence, and on which the festival of the dispersion of the apostles is celebrated. And if you desire to know what was done with, the enemy who were found there, know that in Solomon's Porch and in his temple our men rode in the blood of the Saracens up to the knees of their horses. Then, when we were considering who ought to hold the city, and some moved by love for their country and kinsmen wished to return home, it was announced to us that the king of Babylon had come to Ascalon with an innumerable multitude of soldiers. His purpose was, as he said, to lead the Franks, who were in 1 "Hispania designates the region on the right bank of the Orontes which stretches towards the east, the ancient Apamea and Chalcidice." Hagen- meyer in Forschungen zur deutschen Geschichte, Vol. xiii, p. 407. THE FIRST CRUSADE. II Jerusalem, into captivity, and to take Antioch by storm. But God had determined otherwise in regard to us. Therefore, when we learned that the army of the Babylonians was at Ascalon, we went down to meet them, leaving our baggage and the sick in Jerusalem with a garrison. When our army was in sight of the enemy, upon our knees we invoked the aid of the Lord, that He who in our other adversities had strengthened the Christian faith, might in the present battle break the strength of the Saracens and of the devil and extend the kingdom of the church of Christ from sea to sea, over the whole world. There was no delay; God was present when we cried for His aid, and furnished us with so great boldness, that one who saw us rush upon the enemy would have taken us for a herd of deer hastening to quench their thirst in running water. It was wonderful, in- deed, since there were in our army not more than 5,000 horsemen and 15,000 foot-soldiers, and there were probably in the enemy's army 100,000 horsemen and 400,000 foot-soldiers. Then God ap- peared wonderful to His servants. For before we engaged in fighting, by our very onset alone, He turned this multitude in flight and scattered all their weapons, so that if they wished after- wards to attack us, they did not have the weapons in which they trusted. There can be no question how great the spoils were, since the treasures of the king of Babylon were captured. More than 100,000 Moors perished there by the sword. Moreover, their panic was so great that about 2,000 were suffocated at the gate of the city. Those who perished in the sea were innumerable. Many were entangled in the thickets. The whole world was certainly fighting for us, and if many of ours had not been detained in plundering the camp, few of the great multitude of the enemy would have been able to escape from the battle. And although it may be tedious, the following must not be omitted : On the day preceding the battle the army captured many thousands of camels, oxen and sheep. By the command of the princes these were divided among the people. When we advanced to battle, wonderful to relate, the camels formed in many squad- rons and the sheep and oxen did the same. Moreover, these animals accompanied us, halting when we halted, advancing when we advanced, and charging when we charged. The clouds pro- tected us from the heat of the sun and cooled us. Accordingly, after celebrating the victory, the army returned to 12 TRANSLATIONS AND REPRINTS. Jerusalem. Duke Godfrey remained there ; the count of St. Gilles, Robert, count of Normandy, and Robert, count of Flanders, re- turned to Laodicea. There they found the fleet belonging to the Pisans and to Bohemond. After the archbishop of Pisa had es- tablished peace between Bohemond and our leaders, Raymond prepared to return to Jerusalem for the sake of God and his brethren. Therefore, we call upon you of the catholic church of Christ and of the whole Latin church to exult in the so admirable bravery and devotion of your brethren, in the so glorious and very desirable retribution of the omnipotent God, and in the so devoutedly hoped-for remission of all our sins through the grace of God. And we pray that He may make you namely, all bishops, clerks and monks who are leading devout lives, and all the laity to sit down at the right hand of God, who liveth and reigneth God for ever and ever. And we ask and beseech you in the name of our Lord Jesus, who has ever been with us and aided us and freed us from all our tribulations, to be mindful of your brethren who return to you, by doing them kindnesses and by pay- ing their debts, in order that God may recompense you and ab- solve you from all your sins and grant you a share in all the bless- ings which either we or they have deserved in the sight of the Lord. Amen. II. THE SECOND CRUSADE. These letters were written as official bulletins, in order to set before the German people the disastrous events of the crusade in the light most favor- able to the German participants. See especially Kugler : Studien zur Geschichte des zweiten Kreuzzuges. \. CONRAD III TO WIBALD, ABBOT OF CORVEY, 1148. Bouquet: Recueil des historiens des Gaules et de la France, xv, p. 533. I/atin. Conrad, by the grace of God, king of the Romans, to venerable Wibald, abbot of Corvey and Stavelot his most kind greeting. Because we have very frequently realized your faithfulness, proven in many trials, to us and to our kingdom, we do not doubt that you will rejoice greatly, if you hear of the state of our pros- perity. We, therefore, announce to your faithfulness that when we had reached Nicaea with our army entire and strong, wishing to complete our journey quickly, we hastened to set out for Icon- THE SECOND CRUSADE. 13 ium under the guidance of men who knew the road. We carried with us as many necessities as possible. And behold, when ten days of the journey were accomplished and the same amount re- mained to be traversed, food for the whole host had almost given out, but especially for the horses. At the same time the Turks did not cease to attack and slaughter the crowd of foot-soldiers who were unable to follow the army. We pitied the fate of our suffering people, perishing by famine and by the arrows of the enemy; and, by the advice of our princes and barons, we led the army back from that desert land to the sea, in order that it might regain its strength. We preferred to preserve the army for greater achievements rather than to win so bloody a victory over archers. When, indeed, we had reached the sea and had pitched our tents and did' not expect quiet amid so great a storm, to our de- light the king of France came to our tents, wholly unexpectedly. He grieved, indeed, that our army was exhausted by hunger and toil, but he took great delight in our company. Moreover, he himself and all his princes offered their services faithfully and de- voutly to us and furnished for our use their money especially, and whatever else they had. They joined themselves, therefore, to our forces and princes. Some of the latter had remained with us, and others, either sick or lacking money, had not been able to follow and had accordingly withdrawn from the army. We proceeded without any difficulty as far as St. John's, where his tomb with the manna springing from it is seen, in order that we might there celebrate the Nativity of our Lord. Having rested there some days to recover our health, inasmuch as sick- ness had seized on us and many of our men, we wanted to pro- ceed; but weakened by our illness we were wholly unable to do so. The king, therefore, departed with his army, after having waited for us as long as possible; but a long sickness detained us. When our brother, the emperor of Greece, heard of this, he was greatly grieved, and with our daughter, the most beloved em- press, his wife, he hastened to come to us. And, liberally giving to us and our princes his money and the necessities for our jour- ney, he led us back, as it were, by force, to his palace at Con- stantinople, in order that we might be the more speedily cured by his physicians. There he showed to us as much honor as, to our knowledge, was ever shown to any one of our predecessors. 14 TRANSLATIONS AND REPRINTS. Thence we hastened to set out for Jerusalem on Quadragesima Sunday, in order to collect there a new army and to proceed to Rohas. Moreover, that God may deign to make our journey prosperous, we ask that you and your brethren will pray for us and will order all Christians to do the same. And we entrust our son to your fidelity. 2. CONRAD III. TO WIBALD, ABBOT OF CORVEY, 1148. Bouquet: Recueil, xv, p. 534. Latin. Conrad, by the grace of God, august king of the Romans, to venerable Wibald, abbot of Corvey, his most kind greeting. Because we know that you especially desire to hear from us and to learn the state of our prosperity, we think it fitting first to tell you of this. By God's mercy we are in good health and we have embarked in our ships to return on the festival of the blessed Virgin in September, after having accomplished in these lands all that God willed and the people of the country permitted. Let us now speak of our troops. When following the advice of the common council we had gone to Damascus and after a great deal of trouble had pitched our camps before the gate of the city, it was certainly near being taken. But certain ones, whom we least suspected, treasonably asserted that the city was impregnable on that side and hastily led us to another position where no water could be supplied for the troops and where access was impossible to any one. And thus all, equally indignant and grieved, returned, leaving the undertaking uncompleted. Never- theless, they all promised unanimously that they would make an expedition against Ascalon, and they set the place and time. Having arrived there according to agreement, we found scarcely an}' one. In vain we waited eight days for the troops. Deceived a second time, we turned to our own affairs. In brief therefore, God willing, we shall return to you. We render to you the gratitude which you deserve for your care of our son and for the very great fidelity which you have shown to us. And with the full intention of worthily rewarding your services, we ask you to continue the same. THE DECLINE AND FALL OF JERUSALEM. 15 III. THE DECLINE AND FALL OF JERUSALEM. After the second crusade it was difficult to arouse enthusiasm in the West. Many letters were written begging piteously for aid. In the meantime affairs in the Holy Land went from bad to worse. Owing to the policy of the Christ- ians, Noureddin had been allowed to get a strong foothold in Egypt. But dis- sensions arose between his general and the vizier of Egypt, and the latter called on the king of Jerusalem for aid. While Amalric, profiting by this chance, was carrying on a successful campaign in Egypt, the events re- corded in the first letter took place. See Kugler : Geschichte der Kreuzziige pp. 167-169. The second letter gives the most reliable account of the events which decided the fate of the kingdom of Jerusalem. It is without pretence to literary style, and the spelling is very bad. In the text the proper names are spelled as in the original letter. The forms in brackets have been adopted from Key's Colonies franques de Syrie aux Xllnte et XIII si ides (Paris 1883), and Guy Le Strangers Palestine under the Moslems (Boston and New York, 1890). The rapidity of Saladin's success and the hopelessness of the Christians are well brought out. See Wilken; Geschichte der Kreuz- zuge, Vol. Ill, ii, pp. 274, ff. i. AYMERIC, PATRIARCH OF ANTIOCH, TO Louis VII. OF FRANCE. Antioch, 1164. Bouquet : Recueil, xvi, p. 61. Latin. Aymeric, by the grace of God, patriarch of the holy Apostolic See of Antioch, to L,ouis, illustrious king of the French, greet- ing and Apostolic benediction. It would be fitting that we should always write joyful tidings to his royal majesty and should increase the splendor of his heart by the splendor and delight of our words. But the reverse has ever been our lot. The causes for tears, forsooth, are constant, the grief and the groaning are continuous, and we are unable to speak except of what concerns us. For the proverb says : ' ' Where the grief is, there is also the tongue and hand." The deaths of the Christians are frequent and the captures which we see daily. Moreover, the wasting away of the church in the East afflicts with ineradicable grief us who, tortured internally even to our destruc- tion, are dying while living in anguish of soul, and, leading a life more bitter than death, as a culmination of our miseries, are wholly unable to die. Nor is there any one who turns his heart towards us and out of pity directs his hand to aid us. But not to protract our words, the few Christians who are here cry out to you, to- gether with us, and implore your clemency, which with God's 1 6 TRANSLATIONS AND REPRINTS. assistance is sufficient to liberate us and the church of God in the East. And now we will tell you of all the events which have hap- pened to us. In the Lent which has just passed, a certain one [Noureddin] of the men who are about us, who is held as chief among the Saracens, and who oppresses our Christian population far more than all who have gone before, and the leader of his army [Schirkuh] having gotten possession of Damascus, the latter entered Egypt with a great force of Turks, in order to conquer the country. Accordingly, the king of Egypt, who is also called the sultan of Babylon, distrusting his own valor and that of his men, held a most warlike council to determine how to meet the advancing Turks and how he could obtain the aid of the king of Jerusalem. For he wisely preferred to rule under tribute rather than to be deprived of both life and kingdom. The former, therefore, as we have said, entered Egypt, and favored by certain men of that land, captured and fortified a cer- tain city. In the meantime the sultan made an alliance with the lord king [Amalric] by promising to pay tribute each year and to release all the Christian captives in Egypt, and obtained the aid of the lord king. The latter, before setting out, committed the care of his kingdom and land, until his return, to us and to our new prince, his kinsman Bohemond, son of the former prince Raymond. Therefore, the great devastator of the Christian people, who rules near us, collected together from all sides the kings and races of the infidels and offered a peace and truce to our prince, and very frequently urged it. His reason was that he wished to traverse our land with greater freedom in order to devastate the kingdom of Jerusalem and to be able to bear aid to his vassal fighting in Egypt. But our prince was unwilling to make peace with him until the return of our lord king. When the former saw that he was not able to accomplish what he had proposed, full of wrath, he turned his weapons against us and laid siege to a certain fortress of ours, called Harrenc, twelve miles distant from our city. But those who were besieged 7,000 in number, including warriors, men and women cried loudly to us, ceasing neither day nor night, to have pity on them, and fixed a day beyond which it would be impossible for them to hold out. Our prince having collected all his forces set out from Antioch on THE DECLINE AND FALL OF JERUSALEM. 17 the day of St. Lawrence and proceeded as far as the fortress in entire safety. For the Turks in their cunning gave up the siege and withdrew a short distance from the fortress to some narrow passes in their own country. On the next day our men followed the enemy to that place and, while they were marching without sufficient circumspection, battle was engaged and they fled. The conflict was so disastrous that hardly any one of ours of any rank escaped, except a few whom the strength of their horses or some lucky chance rescued from the tumult. Those captured were our prince [Bohemond III], the count of Tripoli [Raymond II], a certain Greek, Cala- man, 1 a duke of illustrious lineage, Mamistrensis, Hugh of Lesiniaco, and some of the brethren of the Templars and Hos- pitalers who had come from the county of Tripoli with the count. Of the people, some were killed, others captured; very few es- caped; men, horses and weapons were almost entirely destroyed. After the slaughter of the Christians the Turks returned to the above-mentioned fortress, captured it, and by compact conducted the feeble multitude of women, children and wounded as far as Antioch. Afterwards they advanced to the city, devastated the whole country as far as the sea with fire and sword and exercised their tyranny according to their lusts on everything which met their eyes. God is a witness that the remnant which is left us is in no way sufficient to guard the walls night and day, and owing to the scarcity of men, we are obliged to entrust their safety and defense to some whom we suspect. Neglecting the church services, the clergy and presbyters guard the gates. We ourselves are look- ing after the defense of the walls and, as far as possible, are re- pairing, with great and unremitting labor, the many portions which have been broken down by earthquakes. And all this in vain, unless God shall look upon us with a more kindly coun- tenance. For we do not hope to hold out longer, inasmuch as the valor of the men of the present day has been exhausted and is of no avail. But we do, in order that whatever can be done may not be left undone by us. Above all, the only anchor which is left in this extremity for our hope is in you. Because we have heard from everybody of 1 Governor of Cilicia, in the service of the Greek Emperor. 2 1 8 TRANSLATIONS AND REPRINTS. your greatness, because we have understood that you, more than all the other kings of the West, always have the East in mind. From that we are given to understand that your joy will not be full until you accomplish at some time what we are unable through our misdeeds to accomplish. And it is our hope that by your hand the L/ord will visit His people and will have com- passion on us. May the sighings and groanings of the Christians enter the ear of the most high and incomparable prince; may the tortures and griefs of the captives strike his heart ! And, not to make our letter too long, lest we should waste away in this vain hope and be for a long time consumed by the shadow of death, may his royal majesty deign to write to us and tell us his pleasure. Whatever we undergo by his command will not be difficult for us. May our Lord Jesus Christ increase in the heart of the king the desire which we desire, and may He in whose hand are the hearts of kings enkindle that heart ! Amen. 2. LETTER FROM THE EAST TO MASTER OF HOSPITALERS, 1187. Ansbert in Fontes Rerum Austriac. i Abth., Vol. V, p. 2. Latin. Reprinted in Beylagen to Wilken: Geschichte der Kreuzziige, Vol. IV, PP- 93-94- We make known to you, lord Archambault, master of the Hos- pitalers in Italy, and to the brethren, all the events which have happened in the countries beyond the seas. Learn, therefore, that the king of Jerusalem was near Saphora [Sephoria] with a great army of at least thirty thousand men about the festival of the Apostles Peter and Paul, and was in per- fect concord with the count of Tripoli, and the latter was with the army. And behold Saladin, the pagan king, approached Tabaria [Tiberias] with eighty thousand horsemen and took Tabaria. After this was done the king of Jerusalem left Saphora and went with his men drawn up against Saladin. And Saladin came against him near Marestutia [Marescallia] on the Friday after the festival of the Apostles Peter and Paul. Battle was en- gaged and during the whole day they fought fiercely, but night interrupted the strife. In the intervening night the king of Jeru- salem fixed his tents near Salnubia, and on the next day, Satur- day, moved with his army. About the third hour the master of the Templars, with all his brethren, began the battle. They received no aid and, by God's THE DECLINE AND FALL OF JERUSALEM. ig permission, lost the greater portion of their men. After this hap- pened, the king, by hard fighting and with great difficulty, went with his army to Nairn, about a league distant, and then the count of Tripoli came to the king and made him pitch his tents near the mountain, which is a sort of fortress, and they were not able to pitch more than three tents. After this was done, the Turks seeing that they had pitched their tents, kindled fires around the army of the king, and, in truth, the heat was so great that the horsemen were baking and were not able to eat or drink. Next, Baldwin of Fatinor, Bacbaberboc of Tabaria and Leisius, with three other associates, separated themselves from the army, went over to Saladin and a thing which is grievous to relate denied their faith, surrendered themselves to him, and betrayed to him the army of the king of Jerusalem, by revealing the diffi- cult position in which it was. Therefore Saladin sent against us Techedin [Taki-Eddin] with twenty thousand chosen soldiers who rushed upon our army, and the battle raged very fiercely from the ninth hour to vespers. And, because of our sins, very tnanj^ of ours were killed, the Christian people were conquered, the king was captured, and the holy cross and count Gabula and Milo of Colaterido and On/red [Honfroy] the youth, and prince Reinald [Reginald] captured and killed. And Walter of Arsun and Hugo of Gibelen [Gibelin] and the lord of Botrono [Botron] and the lord of Marachele and a thousand others of the best, captured and killed, so that not more than two hundred of the horsemen and soldiers escaped. The count of Tripoli, lord Basian and R. [Reginald], the lord of Sidon, escaped. After this Saladin collected his army again and on Sunday came to Saphora and took Saphora and Nazareth, and Mount Tabor, and on Monday came to Aeon [Acre], which is also called Acris ; and those in Aeon surrendered. Likewise those of Caifas and those of Cesarea [Caesarea] and of Jafa [Joppa], and of Naple [Neapolis], and of Ram [Ramlah], and of St. George, and of Ybelinon [Ibelin], and of Belief ort [Belfort], and of Mirabel, and of Tyron [Tyre], and of Gwaler, and of Gazer [Gaza], and of Audurum [Darum], all surrendered. After this, when our galley moved from Sur [Tyre], they sent Sabaniio Saladin that he should go to Jerusalem and they would surrender the city. And we fled with the galley to Lechia [Laodkea], and we heard that Tyre 20 TRANSLATIONS AND REPRINTS. had surrendered. Moreover, the following cities are still safe and are awaiting aid from the western Church ; namely, Jeru- salem, Sur, Scalona [Ascalon], Marchat, Antyochia [Antioch], L/assar, Saona, Triplis [Tripoli]. Moreover, so great is the multi- tude of the Saracens and Turks that from Tyre, which they are besieging, they cover the face of the earth as far as Jerusalem, like an innumerable army of ants, and unless aid is quickly brought to the remaining above-mentioned cities and to the very few Christians remaining in the East, by a similar fortune they will be plundered by the raging infidels, thirsting for the blood of the Christians. IV. THE CRUSADE OF FREDERIC I. To protect his own interest from the crusaders, the Grecian emperor made an alliance with Saladin. This made the former a greater object of hatred than ever before. In the first crusade, Alexius had been suspected and detested ; Manuel had been openly blamed for the failure of the second crusade. Now in the third, no means are too odious to be attributed to the emperor of the East. In a few years, the hatred accumulated for more than a century will vent itself in the sack of Constantinople. See especially Riezler : Kreuzzug Kaiser Friedrichs I. in Forschungen zur deutscheu Geschichte, Vol. 10. i. FREDERIC I. TO LEOPOLD OF AUSTRIA. Adrianople, end of November, n8g. Tageno in Freher SS. p. 410. Latin. Frederic, by the grace of God, emperor and always august, to his beloved kinsman L/eopold, duke of Austria, greeting and all good wishes. We thought we ought to tell you, because of your love for us, that our brother, the emperor of Constantinople, although he ought to have been bound by brotherly love, has from the very first violated all the oaths which are known to have been sworn by his chancellor at Nuremberg, in the presence of the princes of the empire, in regard to our security on the march, and markets and exchanges. Moreover, he has seized and iguominiously thrown into prison our ambassadors, the bishop of Munster, count Rupert 1 and Markward, our chamberlain, together with all their attendants, whom we had sent to confirm the peace and to arrange for our peaceful march on this expedition of the quickening 'Of Nassau. THE CRUSADE OF FREDERICK I. 21 cross. At length, however, after long negotiations, grievously delaying our march until the dangerous winter season, he has sent back to our excellency the aforesaid ambassadors on the feast of St. Simon and St. Jude, as if matters had been satisfactorily arranged, and he has again promised us good markets, the usual exchanges and an abundance of vessels. Truly, because the burnt child dreads the fire, we can in the future have no confidence in the words and oaths of the Greeks. In order to avoid the stormy winter season, we propose to stay uutil spring at Philippopolis and Adrianople, and to cross over to Constantinople in the favorable season. Therefore, although we rejoice in a well-equipped army, yet we must seek divine succour in our prayers. For these reasons we ask and desire of your love, that in your prayers and pious devotions you commend us and the whole army of the crusaders to God. In addition we ask of your prudence to see that the letters which we send to the pope reach him through your aid and exertions, because you can arrange this more successfully than anyone else. 2. SIBYU.A, Ex QUEEN OK JERUSALEM TO FREDERIC I. 1189. Tageno in Freher, SS. I, p. 410. Rohricht. Regesta, 681. Latin. To her venerable and most illustrious lord Frederic, by the grace of God, most victorious emperor of Rome and most friendly champion of the Holy Cross, Sibylla, formerly queen of Jerusalem, his most humble servant, greatly humiliated in the name of the Lord. Spare the humble and conquer the proud. I, your most humble maid-servant as I said above am compelled to tell your high- ness and supreme excellency of the grief of the whole city and of the disgrace of the sacred Christians. For the emperor of Con- stantinople, the persecutor of the church of God, has entered into a conspiracy with Saladin, the seducer and destroyer of the holy Name, against the name of our Lord Jesus Christ. I tell this, which I am indeed not able to say without tears. Saladin, the aforesaid enemy of Christ, has sent to the Greciati emperor and the persecutor of the holy Name many presents very pleasing to mortals, in order to make a compact and agreement. And for the slaughter and destruction of the Christians wishing to exalt the name of God, he sent 600 measures of poisoned grain and added a very large vase of wine, filled with such a malignant 22 TRANSLATIONS AND REPRINTS. poison that when he wanted to try its efficacy he called a man, who was killed by the odor alone when the vase was opened. Along with the rest I am compelled to tell niy lord another thing : the aforesaid emperor, in order to increase our misfortunes and magnify the destruction of the Christians, does not permit wheat or other necessary victuals to be carried from his country to Jerusalem. Wherefore, the wheat whi9h might be sent by him- self and others, is also shut up in the city of Constantinople. However, at the end of this tearful epistle, I tell you truthfully that you ought to believe the most faithful bearer of this letter. For he himself witnesses what he has seen with his own eyes and heard with his own ears. This is the reason that with my head bowed to the ground and with bent knees, I ask your Magnifi- cence that inasmuch as you are the head of the world and the wall of the house of Israel, you should never believe the Grecian emDeror. V. THE GERMAN CRUSADE. This letter shows the German crusaders iii the full course of victory, which was so soon to be checked by the death of Henry VI. See Toeche: Kaiser Heinrich VI. in Jahrbucher der deutschen Geschichte. i. THE DUKE OF LORRAINE TO THE ARCHBISHOP OF COLOGNE, 1197. Annales Colonienses Maxiini in Mon. Germ. Hist. SS., xvii, 805. Latin. Since we know that you rejoice greatly in the increase of our honor and in the prosperity of all Christianity, we announce to your discretion and prudence that after I had been chosen as the chief of the whole army by the princes of the Roman empire and the barons of the kingdom of Jerusalem and the com- mon people, we directed our march toward Beyroot, by the advice of the princes and of the whole army. When we were marching in most excellent order between Tyre and Sidon, on the night of the festival of St. Severinus, Saphadin and all the armies of Baby- lon and Damascus with a great multitude of the Saracens appeared on the side of the mountain ; they surrounded our army from the rear as far as the sea-coast, and made severe and continuous attacks on our lines, and having drawn up their forces, the wicked people exercised against us all their strength. Their purpose indeed was to pour forth all their strength against us and make trial of all our strength. But God, the Protector of those who trust in Him, and who THE FIFTH CRUSADB. 23 frees the poor from the power of the mighty, snatched His poor from the hands of the impious, and not without great injury to the impious. For, forsooth, they left there the lord of Sidon and very many other Saracens dead, and since then they have never dared to attack us. Accordingly, on the same day we fixed our tents with delight above the river of Sidon. Since, moreover, our ships were going in advance of the army, and the Saracens who dwelt in the fortress of Beyroot saw our ships coming, terrified by fear, they left the very strongly fortified fortress of Beyroot. And on the next day following with the army we took the same fortress, which was very strongly fortified, without any difficulty. And we found in the fortress so many weapons of arbalisters and bowmen that twenty wagons could scarcely carry them, and so many victuals that they were sufficient for 500 men for seven years. Moreover, after we had made a stay of twenty days in that place, other Saracens fearing our approach deserted the fortress which is called Gibel [Gibelin] and another very strong fortress which is called Lyeche [L,aodicea]. Having heard of this, and having ascertained that all the fortresses on the coast as far as Antioch were in the hands of the Christians, we turned towards Sidon and devastated in every direction all the land which the Saracens held. Thus having routed the Saracens, by the aid of the Heavenly King, so that they never dare to appear, we hope very soon to capture the sacred city of Jerusalem. For the Sara- cens, having heard that our army is unanimous and strong, never dare to show themselves. This is the reason that we strenuously exhort your reverence, as much as lies in your power, to keep the memory of us alive throughout your whole archbishopric, in behalf of our prosperity and that of all Christianity, and to compel all in your arch- bishopric who have taken the cross to fulfill their vows and to aid the cause of Christianity. Moreover, if any wish to remain in the land of promise, we will cause sufficient incomes to be assigned to them in the same land. Farewell. VI. THE FIFTH CRUSADE. Thes^e are the most valuable sources for the crusade of Frederic II. Each of the contestants tells the story from his own standpoint. We have com- paratively little data for controlling their statements and determining their motives. See Rohricht : Beitrage zur Geschichte der Kreuzzuge, Vol. I. 24 TRANSLATIONS AND REPRINTS. i. FKKDERIC II. TO HENRY III. OF ENGLAND. 1229. Translation taken from Roger of Wendover, Bohn edition, Vol. ii, pp. 522-4. Original text in Rolls Series, Roger of Wendover, Vol. ii, pp. 365 ff. Latin. Frederic, by the grace of God, the august emperor of the Romans, king of Jerusalem and Sicily, to his well-beloved friend Henry, king of the English, health and sincere affection. Let all rejoice and exult in the Lord, and let those who are cor- rect in heart glorify Him, who, to make known His power, does not make boast of horses and chariots, but has now gained glory for Himself, in the scarcity of His soldiers, that all may know and understand that He is glorious in His majesty, terrible in His magnificence, and wonderful in His plans on the sons of men, changing seasons at will, and bringing the hearts of different nations together; for in these few days, by a miracle rather than by strength, that business has been brought to a conclusion, which for a length of time past many chiefs and rulers of the world amongst the multitude of nations, have never been able till now to accomplish by force, however great, nor by fear. Not, therefore, to keep you in suspense by a long account, we wish to inform your holiness, that we, firmly putting our trust in God, and believing that Jesus Christ, His Son, in whose service we have so devotedly exposed our bodies and lives, would not abandon us in these unknown and distant countries, but would at least give us wholesome advice and assistance for His honor, praise, and glory, boldly in the name set forth from Acre on the fifteenth day of the month of November last past and arrived safely at Joppa, intending to rebuild the castle at that place with proper strength, that afterwards the approach to the holy city of Jerusalem might be not only easier, but also shorter and more safe for us as well as for all Christians. When, therefore, we were, in the confidence of our trust in God, engaged at Joppa, and superintending the building of the castle and the cause of Christ, as necessity required and as was our duty, and whilst all our pilgrims were busily engaged in these matters, several mes- sengers often passed to and fro between us and the sultan of Babylon; for he and another sultan, called Xaphat, his brother, were with a large army at the city of Gaza, distant about one day's journey from us; in another direction, in the city of Sichen, which is commonly called Neapolis, and situated in the plains, THE FIFTH CRUSADE. 25 the sultan of Damascus, his nephew, was staying with an im- mense number of knights and soldiers also about a day's journey from us and the Christians. And whilst the treaty was in progress between the parties on either side of the restoration of the Holy Land, at length Jesus Christ, the Son of God, beholding from on high our devoted en- durance and patient devotion to His cause, in His merciful com- passion of us, at length brought it ahmit. tVmr the sill tan of ^gV>Y 1r>n restored ....to *" tfrp liely dity, tha. pln^o^y^y^ -the- feet of Christ trod. 3 and where the true worshippers adore the Father in spirit and in truth. But that we may inform you of the par- ticulars of this surrender each as they happened, be it known to you that not on])' is the body of the aforesaid city restored to us, but also the whole of the country, extending from thence to the sea-coast nenr the rastle of -Joppa, o that fpr the future pilgrims tn and provided, however, that the Saracens of that part of the country, since they hold the temple in great veneration, may come there as often as they choose in the character of pilgrims, to worship according to their custom, and that we shall henceforth permit them to come, however, only as many as we may choose to allow, and without arms, nor are they to dwell in the city, but outside, and as soon as they have paid their devotions they are to depart. Moreover, the city of Bethlehem is restored to us, and all the country between Jerusalem and that city ; as also the city of Naz- areth, and all the country between Acre and that city ; the whole of the district of Turon, which is very extensive, and very advan- tageous to the Christians ; the city of Sidon, too, is given up to us with the whole plain and its appurtenances, which will be the more acceptable to the Christians the more advantageous it has till now appeared to be to the Saracens, especially as there is a good harbor there, and from there great quantities of arms and necessaries might be carried to the city of Damascus, and often from Damascus to Babylon. And although according to our treaty we are allowed to rebuild the city of Jerusalem in as good a state as it has ever been, and also the castles of Joppa, Cesarea, 'This is in Psalm 132. The English version is "Before thy footstool." The translation in the letter is from the Vulgate and is due to a mistake made by St. Jerome. 26 TRANSLATIONS AND REPRINTS. Sidon, and that of St. Mary of the Teutonic order, which the brothers of that order have begun to build in the mountainous district of Acre, and which it has never been allowed the Christ- ians to do during any former truce ; nevertheless the sultan is not allowed, till the end of the truce between him and us, which is agreed on for ten years, to repair or rebuild any fortresses or castles. 1 And so on Sunday, the eighteenth day of February last past, which is the day on which Christ, the Sou of God, rose from the dead, and which, in memory of His resurrection, is solemnly cherished and kept holy by all Christians in general throughout the world, this treaty of peace was confirmed by oath between us. Truly then on us and on all does that day seem to have shone favorably, in which the angels sing in praise of God, " Glory to God on high, and on earth peace, and good- will toward men." And in acknowledgment of such great kindness and of such an honor, which, beyond our deserts and contrary to the opinion of many, God has mercifully conferred on us, to the lasting renown of His compassion, and that in His holy place we might personally offer to Him the burnt offering of our lips, be it known fa von ' that on the seventeenth day of the month of March of this second indiction, we, in company with all the pilgrims who had with us. faithfully followed Christ, the Sou of God, entered the holy clly of Jerusalem, and after worshipping at the holy sepulchre, we, as being a Catholic emperor, on the following day, wore the crown, which Almighty God provided for us from the throne of Hi* majesty, when of His especial grace, ,He_exalled_iis_-on -high, i/ amongst the princes of the world ; so that whilst we have sup- ported the honor of this high dignity, which belongs to us by right of sovereignty, it is more and more evident to all thatjth.e \s* h^nd-of-lhe I^ord hath. done all .this; and since His mercies are over all His works, let the worshippers of the orthodox faith henceforth know and relate it far and wide throughout the worjd, that He, who is blessed for ever, has visited and redeemed His people, and has raised up the horn of salvation for us in the house of His servant David. And before we leave the city of Jerusalem, we have determined 1 Ryccardus de Sancto Germane, ad ann. 1229, gives the treaty somewhat differently. M. G. SS. Vol. XIX. THE FIFTH CRUSADE. 27 magnificently to rebuild it, and its towers and walls, and we in- tend so to arrange matters that, during our absence, there shall be no less care and diligence used in the business, than if we were present in person. In order that this our present letter may be full of exultation throughout, and so a happy end correspond with its happy beginning, and rejoice your royal mind, we wish it to be known to you our ally, that the said sultan is bound to restore to us all those captives whom he did not in accordance with the treaty made between him and the Christians deliver up at the time when he lost Damietta some time since, and also the others who have been since taken. Given at the holy city of Jerusalem, on the seventeenth day of the month of March, in the year of our L,ord one thousand two hundred and twenty-nine. 2. GEROLD TO ALL THE FAITHFUL. 1229. Rolls Series, M. Paris, Chron. maj. iii, 179-184. Latin. Gerold, patriarch of Jerusalem, to all the faithful greeting. If it should be fully known how astonishing, nay rather, deplor- able, the conduct of the emperor has been in the eastern lands from beginning to end, to the great detriment of the cause of Jesus Christ and to the great injury of the Christian faith, from the sole of his foot to the top of his head no common sense would be found in him. For he came, excommunicated, without money and fol- lowed by scarcely forty knights, and hoped to maintain himself by spoiling the inhabitants of Syria. He first came to Cyprus and there most discourteously seized that nobleman J. [John] of Ibelin and his sons, whom he had invited to his table . under pre- text of speaking of the affairs of the Holy I/and. Next the king, whom he had invited to meet him, he retained almost as a captive. He thus by violence and fraud got possession of the kingdom. After these achievements he passed over into Syria. Although in the beginning he promised to do marvels, and although in the presence of the foolish he boasted loudly, he immediately sent to the sultan of Babylon to demand peace. This conduct rendered him despicable in the eyes of the sultan and his subjects, espe- cially after they had discovered that he was not at the head of a numerous army, which might have to some extent added weight to his words. Under the pretext of defending Joppa, he marched 28 TRANSLATIONS AND REPRINTS. with the Christian army towards that city, in order to be nearer the sultan and in order to be able more easily to treat of peace or obtain a truce. What more shall I say ? After long and myste- rious conferences, and without having consulted any one who lived in the country, he suddenly announced one day that he had made peace with the sultan. No one saw the text of the peace or truce when the emperor took the oath to observe the articles which were agreed upon. Moreover, you will be able to see clearly how great the malice was and how fraudulent the tenor of certain articles of the truce which we have decided to send to you. The emperor, for giving credit to his word, wished as a guarantee only the word of the sultan, which he obtained. For he said, among other things, that the holy city was surrendered to him. He Went fllithfr TyffTi frit** Pfr^'e+Jan gt-my rm tVlfi fiyg Af tVlP Sunday when "Oculi met" is sung [third Sunday in Lent]. T he- Sunday following, without any fitting ceremony and although excommunicated, in the chapel of the sepulchre of our Lord, to the manifest prejudice of his honor and of the imperial diguit), he put the diadem upon .his forehead, although the Saracens still held the temple of the Lord and Solomon's temple, and although they proclaimed publicly as before he law of Mohammed-^to, the great confusion and chagrin of the pilgrims. This same prince, who had previously very often promised to fortify Jerusalem, departed in secrecy from the city at dawn on the following Monday. The Hospitalers and the Templars prom- ised solemnly and earnestly to aid him with all their forces and their advice, if he wanted to fortify the city, as he had promised. But the emperor, who did not care to set affairs right, and who saw that there was no certainty in what had been done, and that the city in the state in which it had been surrendered to him could be neither defended nor fortified, was content with the name of surrender, and on the same day hastened with his familj 7 to Joppa. The pilgrims who had entered Jerusalem with the emperor, witnessing his departure, were unwilling to remain behind. The following Sunday when ' ' Laetare Jerusalem ' ' is sung [fourth Sunday in Lent], he arrived at Acre. There in order to seduce the people and to obtain their favor, he granted them a certain privilege. God knows the motive which made him act thus, and his subsequent conduct will make it know r n. As, more- THE FIFTH CRUSADE. 29 over, the passage was near, and as all pilgrims, humble and great, after having visited the Holy Sepulchre, were preparing to with- draw, as if they had accomplished their pilgrimage, because no truce had been concluded with the sultan of Damascus, we, seeing that the holy land was already deserted and abandoned by the pilgrims, in our council formed the plan of retaining soldiers, for the common good, by means of the alms given by the king of France of holy memory. When the emperor heard of this, he said to us that he was as- tonished at this, since he had concluded a truce with the sultan of Babylon. We replied to him that the knife was still in the wound, since there was not a truce or peace with the sultan of Damascus, nephew of the aforesaid sultan and opposed cc him, adding that even if the sultan of Babylon was unwilling, the former could still do us much harm. The emperor replied, say- ing that no soldiers ought to be retained in his kingdom without his advice and consent, as he was now king of Jerusalem. We answered to that, that in the matter in question, as well as in all of a similar nature, we were very sorry not to be able, without endangering the salvation of our souls, to obey his wishes, because he was excommunicated. The emperor made no response to us, but on the following day he caused the pilgrims who inhabited the city to be assembled outside by the public crier, and by special messengers he also convoked the prelates and the monks. Addressing them in person, he began to complain bitterly of us, by heaping up false accusations. Then turning his remarks to the venerable master of the Templars he publicly attempted to severely tarnish the reputation of the latter, by various vain speeches, seeking thus to throw upon others the responsibility for his own faults which were now manifest, and adding at last, that we were maintaining troops with the purpose of injuring him. After that he ordered all foreign soldiers, of all nations, if they valued their lives and property, not to remain in the land from that day on, and ordered count Thomas, whom he intended to leave as bailiff of the country, to punish with stripes any one who was found lingering, in order that the punishment of one might serve as an example to many. After doing all this he withdrew, and would listen to no excuse or answers to the charges which he had so shamefully made. He determined immediately to post some cross-bowmen at the gates of the city, ordering them to allov 30 TRANSLATIONS AND REPRINTS. the Templars to go out but not to return. Next he fortified with cross-bows the churches and other elevated positions, and espe- cially those which commanded the communications between the Templars and ourselves. And you may be sure that he never showed as much animosity and hatred against Saracens. For our part, seeing his manifest wickedness, we assembled all the prelates and all the prilgrims, and menaced with excommuni- cation all those who should aid the emperor with their advice or their services against the Church, the Templars, the other monks of the holy land, or the pilgrims. The emperor was more and more irritated, and immediately caused all the passages to be guarded more strictly, refused to allow any kind of provisions to be brought to us or to the members of our party, and placed everywhere cross-bowmen and archers, who attacked severely us, the Templars and the pilgrims. Finally to fill the measure of his malice, he caused some Dominicans and Minorites who had come on Palm Sunday to the proper places to announce the Word of God, to be torn from the pulpit, to be thrown down and dragged along the ground and whipped through- out the city, as if they had been robbers. Then seeing that he did not obtain what he had hoped from the above-mentioned siege, he treated of peace. We replied to him that we would not hear of peace until he sent away the cross-bowmen and other troops, until he had returned our property to us, until finally he had re- stored all things to the condition and freedom in which they were on that day when he entered Jerusalem. He finally ordered what we wanted to be done, but it was not executed. Therefore we placed the city under interdict. The emperor, realizing that his wickedness could have no suc- cess, was unwilling to remain any longer in the country. And, as if he would have liked to ruin everything, he ordered the cross- bows and engines of war, which for a long time had been kept at Acre for the defense of the Holy Land, to be secretly carried onto his vessels. He also sent away several of them to the sultan of Babylon, as his dear friend. He sent a troop of soldiers to Cyprus to levy heavy contributions of money there, and, what appeared to us more astonishing, he destroyed the galleys which he was not able to take with him. Having learned this, we resolved to re- proach him with it, but shunning the remonstrance and the cor- rection, he entered a galley secretly, by an obscure way, on the THE FINAL CAPTURE OF JERUSALEM. 31 day of the Apostles St. Philip and St. James, and hastened to reach the island of Cyprus, without saying adieu to any one, leaving Joppa destitute; and may he never return! Very soon the bailiffs of the above-mentioned sultan shut off all departure from Jerusalem for the Christian poor and the Syrians, and many pilgrims died thus on the road. This is what the emperor did, to the detriment of the Holy Land and of his own soul, as well as many other things which are known and which we leave to others to relate. May the merciful God deign to soften the results ! Farewell. VII. THE FINAL CAPTURE OF JERUSALEM. The Christians had again prepared their own ruin by a mistaken policy to ward Egypt. The grand master of the Hospitalers gives the most graphic picture of the final capture of Jerusalem. See Wilken, VI, 629 ff. i. THE MASTER OF THE HOSPITALERS AT JERUSALEM TO LORD DE MELA YE. 1244. Translation taken from Matthew Paris, Bohn Edition, Vol. i, pp. 497 ff. Original text in Rolls Series, M. Paris, Chron. maj. Vol. IV, pp; 307 ff. Latin. To the most potent lord, M. de Melaye, brother G. of New- castle, by the grace of God, humble master of the holy house at Jerusalem, and guardian of the poor followers of Christ greeting. From the information contained in our letters, which we have sent to you on each passage, you can plainly enough see how ill the business of the Holy I/and has proceeded, on account of the opposition which for a long time existed, at the time of making the truce, respecting the espousing the cause of the Damascenes against the sultan of Babylon ; and now wishing your excellency to be informed of other events since transpired, we have thought it worth our while to inform you that, about the beginning of the summer last past, the sultan of Damascus, and Seisser, sultan of Cracy, who were formerly enemies, made peace and entered into a treaty with the Christians, on the following conditions ; namely, that they should restore to the Christians the whole of the king- dom of Jerusalem, and the territory which had been in the pos- session of the Christians, near the river Jordan, besides some villages which they retained possession of in the mountains, and that the Christians were faithfully to give them all the assistance in their power in attacking the sultan of Babylon. 32 TRANSLATIONS AND REPRINTS. The terms of this treaty having been agreed to by both parties, the Christians began to take up their abode in the Holy City, whilst their army remained at Gazara, in company with that of the aforesaid sultan's, to harass the sultan of Babylon. After they had been some time engaged in that undertaking, the patriarch of Jerusalem landed from the transmarine provinces; and, after taking some slight bodily rest, he was inspired with a longing to visit the sepulchre of our Lord, and set out on that pilgrimage, on which we also accompanied him. After our vow of pilgrimage was fulfilled, we heard in the Holy City that a countless multitude of that barbarous and perverse race, called Choermians, had, at the summons and order of the sultan of Babylon, occupied the whole surface of the country in the furthest part of our territories adjoining Jerusalem, and had put every living soul to death by fire and sword. A council was on this held by the Christians living at Jeru- salem, and, as they had not the power to resist these people, it was prudently arranged that all the inhabitants of the Holy City, of both sexes and of every age, should proceed, under escort of a battalion of our knights, to Joppa, as a place of safety and refuge. On that same night, after finishing our deliberations, we led the people cautiously out of the city, and had proceeded confidently half the distance, when, owing to the intervention of our old and wily enemy, the devil, a most destructive obstacle presented itself to us; for the aforesaid people raised on the walls of the city some standards, which they found left behind by the fugitives, in order by these means to recall the unwary, by giving them to believe that the Christians who had remained had defeated their adver- saries. Some of our fellow-Christians hurried after us to recall us, comforting us with pleased countenance, and declaring that the standards of the Christians, which they well knew, were raised on the wall of Jerusalem, in token that they had defeated the enemy; and they, having been thus deceived, deceived us also. We, therefore, in our exultation, returned confidently into the Holy City, thinking to dwell there safely, and many from feelings of devotion, and others in hope of obtaining and retaining posses- sion of their inheritances, rashly and incautiously returned, either into the city itself or into the suburbs; we, however, endeavored to dissuade them from this altogether, fearing treachery from these perfidious people, and so went away from them. Not long THE FINAL CAPTURE OF JERUSALEM. 33 after our departure, these perfidious Cboermiaus came in great force and surrounded the Christians in the Holy City, making violent assaults on them daily, cutting off all means of ingress and egress to and from the city, and harassing them in various ways, so that, owing to these attacks, hunger and grief, they fell into despair, and all by common consent exposed themselves to the chances and risk of death by the hands of the enemy. They therefore left the city by night, and wandered about in the track- less and desert parts of the mountains till they at length came to a narrow pass, and there they fell into an ambuscade of the enemy, who, surrounding them on all sides, attacked them with swords, arrows, stones and other weapons, slew a>id cut to pieces, according to a correct computation, about seven thousand men and women, and caused such a massacre thf?t -the blood,. of those of the faith, with sorrow I say it, ran do : w iv' th. sides. /i 4H* mountain like water. Young men and virgins they hurried off with them into captivity, and retired into the Holy City, where they cut the throats, as of sheep doomed to the slaughter, of the nuns, and aged and infirm men, who, unable to endure the toils of the journey and fight, had fled to the church of the Holy Sepulchre and to Calvary, a place consecrated by the blood of our Lord, thus perpetrating in His holy sanctuary such a crime as the eyes of men had never seen since the commencement of the world. At length, as the intolerable atrocity of this great crime aroused the devotion of all the Christians to avenge the insult offered to their Creator, it was, by the common consent of all, agreed that we should all, after asking assistance from heaven, arrange our- selves in order, and give battle to these treacherous people. We accordingly attacked them, and fought without resting from early in the morning till the close of the day, when darkness prevented us from distinguishing our own people from our enemies ; immense numbers fell on our side ; but four times as many of our adver- saries were slain, as was found out after the battle. On the fol- lowing (St. Luke the Evangelist's) day, the Knights Templars and Hospitalers, having recovered breath, and invoked assistance from above, together with all the other religious men devoted to this war, and their forces, and the whole array of the Christians, in the Holy Land, assembled by proclamation under the patriarch, and engaged in a most bloody conflict with the aforesaid Choer- 3 34 TRANSLATIONS AND REPRINTS. mians and five thousand Saracen knights, who had recently fought under the sultan of Babylon, and who now joined these Choer- mians ; a fierce attack was made on both sides, as we could not avoid them ; for there was a powerful and numerous army on both sides of us. At length, however, we were unable to stand against such a multitude, for fresh and uninjured troops of the enemy continued to come upon us, as they were ten times as numerous as we, and we wearied and wounded, and still feeling the effects of the recent battle ; so we were compelled to give way, abandoning to them the field, with a bloody and dearly- bought victory ; for great numbers more fell on their side than on ours. "And we wJjrfe'so assisted by Him who is the Saviour of souls, that not a hundred- escaped by flight, but, as long as we were able to" stamd,' we mutually exhorted and comforted one another in Christ, and fought so uuweariedly and bravely, to the astonish- ment of our enemies, till we were at length taken prisoners (which, however, we much tried to avoid) or fell slain. Hence, the enemy afterwards said in admiration to their prisoners: "You voluntarily threw yourselves in the way of death; why was this?" To which the prisoners replied: "We would rather die in battle, and with the death of our bodies obtain glorification for our souls, than basely give way and take to flight: such people, indeed, are greatly to be feared." In the said battle, then, the power of the Christians was crushed, and the number of slain in both armies was incomput- able. The masters of the Templars and Hospitalers were slain, as also the masters of other orders, with their brethren and fol- lowers. Walter, count of Brienne, and the lord Philip de Mont- fort, and those who fought under the patriarch, were cut to pieces; of the Templars only eighteen escaped, and sixteen of the Hospitalers, who were afterwards sorry that they had saved themselves. Farewell. VIII. THE SIXTH CRUSADE. This letter, although not "written from the Holy Land," and the com- position of an humble pilgrim, gives such valuable and in some cases otherwise unknown details, concerning the capture of Damietta in St. Louis' first crusade, that it has seemed wise to insert it. The king's speech is very characteristic. See Wallon : St. Louis et son temps. THE SIXTH CRUSADE. 35 i. GUY, A KNIGHT, TO B. OF CHARTRES. From Damietta, 1 1249. Rolls Series, M. Paris. Chron. maj. VI, pp. 155 ff. Latin. To his dear half-brother and well-beloved friend, master B. of Chartres, student at Paris, Guy, a knight of the household of the viscount of Melun, greeting and a ready will to do his pleasure. Because we know that you are uneasy about the state of the Holy Land and our lord, the king of France, and that you are in- terested in the general welfare of the church as well as the fate of many relatives and friends who are fighting for Christ under the king's orders, therefore, we think we ought to give you exact in- formation as to the events of which a report has doubtless already reached you. After a council held for that purpose, we departed from Cyprus for the East. The plan was to attack Alexandria, but after a few days a sudden tempest drove us over a wide expanse of the sea. Many of our vessels were driven apart and scattered. The sultan of Cairo and other Saracen princes, informed by spies that we in- tended to attack Alexandria, had assembled an infinite multitude of armed men from Cairo, Babylon, Damietta and Alexandria, and awaited us in order to put us, while exhausted, to the sword. One night we were borne over the waves by a violent tempest. Toward morning the sky cleared, the storm abated, and our scat- tered vessels came together safely. An experienced pilot who knew all the coast in this part of the sea and many idioms, and who was a faithful guide, was sent to the masthead, in order that he might tell us if he saw land and knew where we were. After he had carefully and sorrowfully examined all the surrounding country, he cried out terrified, "God help us, God help us, who alone is able ; we are before Damietta." Indeed all of us could see the land. Other pilots on other vessels had already made the same observation, and they began to approach each other. Our lord, the king, assured of our position, with undaunted spirit, endeavored to reanimate and console his men. "My friends and faithful soldiers," said he to them, "we shall be invincible if we are inseparable in our love of one another. It is not without the divine permission that we have been brought 1 Another translation of this letter can be found in Matthew Paris (Bohn edition), III, 411 ff. 36 TRANSLATIONS AND REPRINTS. here so quickly. I am neither the king of France nor the holy church, you are both. I am only a man whose life will end like other men's when it shall please God. Everything is in our favor, whatever may happen to us. If we are conquered, we shall be martyrs; if we triumph, the glory of God will be exalted thereby that of all France, yea, even of Christianity, will be ex- alted thereby. Certainty it would be foolish to believe that God, who foresees all, has incited me in vain. This is His cause, we shall conquer for Christ, He will triumph in us, He will give the glory, the honor and the blessing not unto us, but unto His name. ' ' In the meantime our assembled vessels approached the land. The inhabitants of Damietta and of the neighboring shores could view our fleet of 1500 vessels, without counting those still at a distance and which numbered 150. In our times no one, we be- lieve, had ever seen such a numerous fleet of vessels. The in- habitants of Damietta, astonished and frightened beyond expres- sion, sent four good galleys, with well-skilled sailors, to examine and ascertain who we were and what we wanted. The latter having approached near enough to distinguish our vessels, hesi- tated, stopped, and, as if certain of what they had to report, made ready to return to their own party; but our galleys with the fast boats got behind them and hemmed them in, so that they were compelled, in spite of their unwillingness, to approach our ships. Our men, seeing the firmness of the king and his immovable resolution, prepared, according to his orders, for a naval combat. The king commanded to seize these mariners and all whom they met, and ordered us afterward to land and take possession of the country. We then, by means of our mangonels which hurled from a distance five or six stones at once, began to discharge at them fire-darts, stones, and bottles filled with lime, made to be shot from a bow, or small sticks like arrows. The darts pierced the mariners and their vessels, the stones crushed them, the lime flying out of the broken bottles blinded them. Accordingly, three hostile galleys were soon sunk. We saved, however, a few enemies. The fourth galley got away very much damaged. By exquisite tortures we extracted the truth from the sailors who fell alive into our hands, and learned that the citizens of Damietta had left the city and awaited us at Alexandria. The enemies who THB SIXTH CRUSADE. 37 succeeded in escaping and whose galley was put to flight, some mortally wounded, uttering frightful cries, went to tell the multi- tude of Saracens who were waiting on the shore, that the sea was covered with a fleet which was drawing near, that the king of France was coming in hostile guise with an infinite number of barons, that the Christians were 10,000 to one, and that they caused fire, stones, and clouds of dust to rain down. ' ' However, ' ' they added "while they are still fatigued from the labor of the sea, if your lives and your homes are dear to you, hasten to kill them, or at least to repulse them vigorously until our soldiers re- turn. We alone have escaped with difficulty to warn you. We have recognized the ensigns of the enemy. See how furiously they rush upon us, equally ready to fight on land or sea." In consequence of this speech, fear and distrust seized the enemy. All of our men, assured of the truth, conceived the great- est hopes. In emulation of one another they leaped from their vessels into the barks ; the water was too shallow along the shore, the barks and the small vessels could not reach the land. Several warriors, by the express order of the king, cast themselves into the sea. The water was up to their waists. Immediately began a very cruel combat. The first crusaders were promptly followed by others and the whole force of infidels was scattered. We lost only a single man by the enemy's fire. Two or three others, too eager for the combat, threw themselves into the water too quickly and owed their deaths to themselves rather than to others. The Saracens giving way, retired into their city, fleeing shamefully and with great loss. Great numbers of them were mutilated or mortally wounded. We would have followed them closely, but our chiefs, fearing an ambuscade, held us back. While we were fighting some slaves and captives broke their chains, for the gaolers had also gone out to fight us. Only the women, children and the sick had remained in the city. These slaves and captives, full of joy, rushed to meet us, applauding our king and his army, and crying ' ' Blessed is he who cometh in the name of the L,ord." These events happened on Friday the day of our Lord's Passion ; we drew from it a favor- able augury. The king disembarked joyfully and safely, as well as the rest of the Christian army. We rested until the next day, when, with the aid and under the guidance of slaves who knew the country and the roads, we got possession of what remained to 38 TRANSLATIONS AND REPRINTS. be captured of the land and shore. But during the night the Sara- cens, who had discovered that the captives had escaped, had killed those who remained. They thus made of them glorious martyrs of Christ, to their own damnation. In the darkness of the following night and on Sunday morning, as they lacked weapons and troops, the Saracens seeing the multi- tude of the Christians who were landing, their courage and firm- ness, and the sudden desolation of their own city, lacking leaders, superiors and persons to incite them, as well as destitute of strength and weapons for fighting, departed, taking their women and children and carrying off everything movable. They fled from the other side of the city by little gates which they had made long before. Some escaped by land, others by sea, abandoning their city filled with supplies of all kinds. That same day at nine o'clock, two captives who escaped by chance from the hands of the Saracens, came to tell us what had happened. The king, no longer fearing an ambuscade, entered the city before three o'clock without hindrance and without shedding blood. Of all who entered only Hugo Brun, earl of March, was severely wounded. He lost too much blood from his wounds to survive, for he was careless of his life, because of the reproaches which had been inflicted upon him, and rashly rushed into the midst of the enemy. He had been stationed in the front rank, at his own re- quest, because he knew that he was an object of suspicion. I must not forget to say that the Saracens, after having deter- mined to flee, hurled at us a great quantity of Greek fire, which was very injurious to us, becuase it was carried by a wind which blew from the city. But this wind, suddenly changing, carried the fire back upon Damietta, where it burned several persons and fortresses. It would have consumed more property, if the slaves who had been left had not extinguished it by a process which they knew, and by the will of God, who did not wish that we should take possession of a city which had been burnt to the ground. The king, having then entered the city in the midst of cries of joy, went immediately into the temple of the Saracens to pray and thank God, whom he regarded as the author of what had taken place. Before eating, all the Christians, weeping sweet and sacred tears of joy, and led by the legate, solemnly sang that hymn of the angels, the Te Deum Laudamus. Then the mass of the THE SIXTH CRUSADB. 39 blessed Virgin was celebrated in the place where the Christians in ancient times had been wont to celebrate mass and to ring the bells, and which they had now cleansed and sprinkled with holy water. In this place, four days before, as the captives told us, the foul Mohammed had been worshiped with abominable sacri- fices, loud shouts and the noise of trumpets. We found in the city an infinite quantity of food, arms, engines, precious clothing, vases, golden and silver utensils and other things. In addition we had our provisions, of which we had plenty, and other dear and necessary objects brought from our vessels. By the divine goodness, the Christian army, like a pond which is greatly swollen by the torrents pouring in, was added to each day by some soldiers from the lands of lord Ville-Hardouin and some Templars and Hospitalers, besides pilgrims newly arrived, so that we were, by God's grace, largely reinforced. The Templars and Hospitalers did not want to believe in such a triumph. In fact, nothing that had happened was credible. All seemed miraculous, especially the Greek fire which the wind carried back onto the heads of those who hurled it against us. A similar miracle for- merly took place at Antioch. A few infidels were converted to Je- sus Christ and up to the present time have remained with us. We, instructed by the past, will in the future exercise much prudence and circumspection in our actions. We have with us faithful Orientals upon whom we can count. They know all the country and the dangers which it offers; they have been baptized with true devotion. While we write, our chiefs are considering what it is necessary to do. The question is whether to proceed to Alexandria or Babylon and Cairo. We do not know what will be decided. We shall inform you of the result, if our lives are spared. The sultan of Babylon, having learned what has taken place, has proposed to us a general engagement for the morrow of St. John the Baptist's day, and in a place which the two armies shall choose, in order, as he says, that fortune may decide for the men of the East or the men of the West, that is between the Christians and themselves, and that the party to whom fate shall give the victory, may glory in it, and the conquered may humbly yield. The king replied that he did not fear the enemy of Christ one day more than another and that he offered no time for rest, but that he defied him to-morrow and every day of his life, until he should take pity on his own soul 40 TRANSLATIONS AND REPRINTS. and should turn to the Lord who wishes the whole world to be saved, and who opens the bosom of His mercy to all those who turn to Him. We tell you these things in this letter through our kinsman Guiscard. He seeks nothing else than that he may, at our expense, prepare himself for a professorship and have a fit lodging for at least two years. We have learned nothing certain worth reporting about the Tartars. We can expect neither good faith from the perfidious, nor humanity from the inhuman, nor charity from dogs, unless God, to whom nothing is impossible, works this miracle. It is He who has purged the Holy Land from the wicked Charismians. He has destroyed them and caused them to disappear entirely from under heaven. When we learn anything certain or remark- able of the Tartars, or others, we will send you word either by letter or by Roger de Montefagi, who is to return to France in the spring, to the lands of our lord the viscount, to collect money for us. IX. A LIST OF OTHER LETTERS, WRITTEN BY CRUSADERS, WHICH HAVE BEEN TRANSLATED INTO ENGLISH. 1098. (July.) Letter from Bohemond, Godfrey, Raymond, and Hugh the Great to all Christians. Michaud's History of the Crusades (London, 1852), Vol. Ill, 360-362. 1098. (Sept. ii.) Letter of the principal Crusaders to Pope Urban II. Ibid., Ill, 365-367. 1187. Letter of Terricius, Master of the Temple, to all Commanders and Brethren of the Temple. Roger de Hoveden (Bohn Library), II, 68-69. 1188. Letter of Conrad, son of the Marquis of Mont-Ferrat, to Baldwin, Archbishop of Canterbury. Roger of Wendover (Bohn Library), II, 71-72. See Riezler in Forschungen zur Deutschen Geschichte, Vol. x, p. in. /l88. Letter of Patriarch of Antioch to Henry II., King of England. Roger de Hoveden, II, 84-85. Il88. Letter of Terricius to Henry II., King of England. Ibid., II, 90-91. Il88. Letter of Frederic I. to Saladin. Ibid., II, 100-102. 1190. (Oct. ax.) Letter from Archbishop Baldwin's Chaplain to his Con- ent at Canterbury Archer: Crusade of Richard I., p. 17 (incomplete). Dated wrongly in Archer. A UST Ol OTHER LETTERS. 4! 1191. (Oct. z.) Letter of Richard I. from Joppa to N., his subject. Roger de Hoveden, II, 221. Also in Archer: Crusade, 172-173. 1191. (Oct. i.) Letter of Richard I. from Joppa to Abbot of Clairvauz. Roger de Hoveden, II, 221-224. Also in Archer: Crusade, 173-175. 1191. (About Oct. 17.) Letter of Richard I. to Saladin. Archer: Crusade, 186-187. 1191. Letter of Richard I. to Walter, Archbishop of Rouen. Roger of Wendover, II, 108-109. 1201. Letter of Master of the Hospital at Jerusalem to the Prior and his Brethren throughout England. Roger de Hoveden, II, 542-545. 1220. Letter of Peter de Montacute, Master of the Temple, to A. Martel, Preceptor in England. Roger of Wendover, II, 436-439. This letter is wrongly placed under 1222; see Rohricht, Regesta, 936. 1221. Letter of Peter de Montacute to the Bishop of Elimenum. Roger of Wendover, II, 433-435. 1222. Letter of P. de Albeney to the Earl of Chester and Lincoln. Ibid., II, 435-436. 1227. Letter of Gerald, Patriarch of Jerusalem, and Others, to all Chris- tians. Ibid., II, 490-492. 1237. Letter of Philip, Prior of the Brotherhood of Preachers, to Pope Gregory IX. Matthew Paris (Bonn Library), I, 56-58. 1240. Letter of Hermann of Perigord, Master of the Knights of the Temple, to Master Robert Sanford, Preceptor of the House of the said Knights in England. Ibid., I, 303. 1244. Letter of Same to Same. Ibid., I, 482-484. 1244. Letter of Brother G. of Newcastle to M. de Merlaye. Ibid., I, 497-500. 1244. Letter of Robert, Patriarch of Jerusalem, to all Christians. Ibid., I, 522-528. 1249. Letter of Robert, Count of Arras [d'Artois] to Blanche, Queen of France. Ibid., Ill, 409-411. Also translated in Michaud, III, 456-458. 1349. Letter of William de Sonnac, Master of the Soldiery of the Temple, to Master Robert Sanford. Matthew Paris, III, 417-418. 42 TRANSLATIONS AND REPRINTS. 1250. Letter to Earl Richard. Matthew Paris, II, 366-368. 1250. Letter of John, his Chancellor, to Richard, Earl of Cornwall. Ibid., II, 383-386. 1250. (August.) Letter of St. Louis to his Subjects. Michaud, III, 458-464. 1252. (May 2.) Letter of Joseph of Cancy, Treasurer of the House of the Hospital of Jerusalem, at Acre, to Walter of St. Martin's. Matthew Paris, III, 420-422. 1252. Letter of William of Orleans to Richard, Bishop of Chichester. Ibid., II, 504. 1281. Letter from Sir Joseph de Cancy, Knight of the Hospital of St. John of Jerusalem, to King Edward I. Published by the Palestine Pilgrims' Text Society, London, 1888. The editor does not venture to hope that this list is complete. But even an incomplete list may be of use to teachers. Some short, unimportant letters have been omitted. In the " Letters of Saint Bernard of Clairvaux," published in the Catholic Standard Library, by Hodges, London, there are several letters relative to the Crusades (especially numbers 175 and 363) which are useful. In "Godeffroy of Bologne; or, The Siege and Conquest of Jerusalem, by William, Archbishop of Tyre, translated from the French by William Caxton," edited by Mrs. Mary Noyes Colvin, and published by the Early English Text Society, London, 1893, there are several letters, especially on pages 76 and 86. TRANSLATIONS AND REPRINTS FROM THE ORIGINAL SOURCES OF EUROPEAN HISTORY. VOL. I. THE FRENCH REVOLUTION. No. 5. TABLE OF CONTENTS. FAGB I. DECREE ABOLISHING THE FEUDAL SYSTEM, AUG. 11, 1789, * II. DECLARATION OF THE RIGHTS OF MAN, 6 III. MEMOIR DRAWN UP BY MlRABEAU, OCT. 1789, . * . . - . 8 IV. THE ORIGIN OF THE JACOBIN CLUB, 18 V. ADDRESS OF THE NATIONAL ASSEMBLY, FEB. n, 1790, . . 20 VI. THE CIVIL CONSTITUTION OF THE CLERGY, 25 VII. EXTRACT FROM "I/ AMI DUPEUPLE," 32 VIII. OPINION OP MALLET DU PAN, 33 IX. THE DECLARATION OP PILNITZ, 34 INTRODUCTORY BIBLIOGRAPHY, 35 TRANSLATIONS AND REPRINTS. I. DECREE OF THE NATIONAL ASSEMBLY ABOLISHING THE FEUDAL SYSTEM, AUGUST n, 1789. Buchez et Roux, Histoire Parlementaire II, 259 ff. The abolition of the Feudal System, which took place during the famous night session of August 4 and 5, 1789, was caused by the reading of a report on the misery and disturbances in the provinces, and was carried in a fervor of enthusiasm and excitement which made some later revision necessary. The decree here given was drawn up during the following days, and contains some alterations and important amplifications of the original provisions as passed in the early morning of August 5. 1 This document, as well as numbers II. and VI., are as useful, retrospectively, in clarifying the student's ideas of the Ancien Regime as in explaining the new svstem. ARTICLE I. The National Assembly hereby completely abolishes the feudal system. It decrees that, among the existing rights and dues, both feudal and censuel? all those originating in or representing real or personal serfdom (mainmorte) or personal servitude, shall be abolished without indemnification. All other dues are declared re- deemable, the terms and mode of redemption to be fixed by the National Assembly. Those of the said dues which are not extinguished by this decree shall continue to be collected until indemnification shall take place. II. The exclusive right to maintain pigeon-houses and dove-cotes is abolished. The pigeons shall be confined during the seasons fixed by the community. During such periods they shall be looked upon as game, and every one shall have the right to kill them upon his own land. III. The exclusive right to hunt and to maintain unenclosed warrens is likewise abolished, and every land owner shall have the right to kill or to have destroyed on his own land all kinds of game, observing, however, such police regulations as may be established with a view to the safety of the public. All hunting captainries, including the royal forests, and all hunting rights under whatever denomination, are likewise abolished. Pro- vision shall be made, however, in a manner compatible with the regard due to property and liberty, for maintaining the personal pleasures of the king. 1 These may be found in the Histoire Parlementaire II., 242-3. *This refers to the cens, a perpetual due similar, to the payments made by English copy-holders. DECREE ABOLISHING THE FEUDAL SYSTEM. 3 The president of the assembly shall be commissioned to ask of the King the recall of those sent to the galleys or exiled, simply for viola- tions of the hunting regulations, as well as for the release of those at present imprisoned for offences of this kind, and the dismissal of such cases as are now pending. IV. All manorial courts are hereby suppressed without indemnifica- tion. But the magistrates of these courts shall continue to perform their functions until such time as the National Assembly shall provide for the establishment of a new judicial system. V. Tithes of every description, as well as the dues which have been substituted for them, under whatever denomination they are known or collected (even when compounded for), possessed by secular or regular congregations, by holders of benefices, members of corporations (in- cluding the Order of Malta and other religious and military orders,) as well as those devoted to the maintenance of churches, those impropriated to lay persons and those substituted for the portion congrue? are abolished, on condition, however, that some other method be devised to provide for the expenses of divine worship, the support of the officiating clergy, for the assistance of the poor, for repairs and rebuilding of churches and parsonages, and for the main- tenance of all institutions, seminaries, schools, academies, asylums, and organizations to which the present funds are devoted. Until such provision shall be made and the former possessors shall enter upon the enjoyment of an income on the new system, the National Assembly decrees that the said tithes shall continue to be collected according to law and in the customary manner. Other tithes, of whatever nature they may be, shall be redeemable in such manner as the Assembly shall determine. Until such regulation shall be issued, the National Assembly decrees that these, too, shall continue to be collected. VI. All perpetual ground rents, payable either in money or in kind, of whatever nature they may be, whatever their origin and to whomso- ever they may be due, as to members of corporations, holders of the domain or appanages or to the Order of Malta, shall be redeemable. Champarts? of every kind and under all denominations, shall likewise 1 This expression refers to the minimum remuneration fixed for the priests. a The ckampart was the right of the lord to a certain portion of the crops on lands subject to the fens. 4 TRANSLATIONS AND REPRINTS. be redeemable at a rate fixed by the Assembly. No due shall in the future be created which is not redeemable. VII. The sale of judicial and municipal offices shall be suppressed forthwith. Justice shall be dispensed gratis. Nevertheless, the mag- istrates at present holding such offices shall continue to exercise their functions and to receive their emoluments until the Assembly shall have made provision for indemnifying them. VIII. The fees of the country priests are abolished, and shall be discontinued so soon as provision shall be made for increasing the minimum salary \portion congrue] of the parish priests and the pay- ment to the curates. A regulation shall be drawn up to determine the status of the priests in the towns. IX. Pecuniary privileges, personal or real, in the payment of taxes are abolished forever. Taxes shall be collected from all the citizens, and from all property, in the same manner and in the same form. Plans shall be considered by which the taxes shall be paid proportionally by all, even for the last six months of the current year. X. Inasmuch as a national constitution and public liberty are of more advantage to the provinces than the privileges which some of these enjoy, and inasmuch as the surrender of such privileges is essential to Ihe intimate union of all parts of the realm [empire], it is decreed that all the peculiar privileges, pecuniary or otherwise, of the provinces, principalities, districts \_pays~], cantons, cities and communes, are once for all abolished and are absorbed into the law common to all French- men. XI. All citizens, without distinction of birth, are eligible to any office or dignity, whether ecclesiastical, civil or military ; and no profession shall imply any derogation. XII. Hereafter no remittances shall be made for annates or for any other purpose to the court of Rome, the vice-legation at Avignon, or to the nunciature at Lucerne. The clergy of the diocese shall apply to their bishops in regard to the filling of benefices and dispensations* the which shall be granted gratis without regard to reservations, expec- tancies and papal months, all the churches of France enjoying the same freedom. XIII. The rights of deport? of cotte-morte? depouilles? vacat? droits 1 Rights of bishops to the income of benefices during vacancies. * Rights of the convent to the clothes of its deceased members. DECREE ABOLISHING THE FEUDAL SYSTEM. 5 censaux, Peter s pence, and other dues of the same kind, under what- ever denomination, established in favor of bishops, archdeacons, arch- presbyters, chapters, and regular congregations which formerly exer- cised priestly functions {cures pri mitifs\ , are abolished, but appropriate provision shall be made for those benefices of archdeacons and arch- presbyters which are not sufficiently endowed. XIV. Pluralities shall not be permitted hereafter in cases where the revenue from the benefice or benefices held shall exceed the sum of three thousand livres. Nor shall any individual be allowed to enjoy several pensions from benefices, or a pension and a benefice, if the revenue which he already enjoys from such sources exceeds the same sum of three thousand livres. XV. The National Assembly shall consider, in conjunction with the King, the report which is to be submitted to it relating to pensions, favors and salaries, with a view to suppressing all such as are not deserved and reducing those which shall prove excessive; and the amount shall be fixed which the King may in the future disburse for this purpose. XVI. The National Assembly decrees that a medal shall be struck in memory of the recent grave and important deliberations for the welfare of France, and that a Te Deum shall be chanted in gratitude in all the parishes and the churches of France. XVII. The National Assembly solemnly proclaims the King, Louis XVI., the Restorer of French Liberty. XVIII. The National Assembly shall present itself in a body before the King, in order to submit to him the decrees which have just been passed, to tender to him the tokens of its most respectful gratitude and to pray him to permit the Te Deum to be chanted in his chapel, and to be present himself at this service. XIX. The National Assembly shall consider, immediately after the constitution, the drawing up of the laws necessary for the development of the principles which it has laid down in the present decree. The latter shall be transmitted without delay by the deputies to all the provinces, together with the decree of the tenth of this month, in order that it may be printed, published, announced from the parish pulpits, and posted up wherever it shall be deemed necessary. 6 TRANSLATIONS AND REPRINTS. II. DECLARATION OF THE RIGHTS OF MAN AND OF THE CITIZEN. Buchez et Roux, Histoire Parlementaire XI, pp. A declaration of the rights of man, which had been demanded by many of the cahiers, was the part of the new constitution which the Assembly decided (Aug. 4) should be first drawn up. Trie members recognized that they were imitating an American precedent in doing this. Our first state constitutions, several of which are preceded by elaborate bills of rights, had very early been Tfanslated into French. An interesting comparison may be made between the spirit and aim of the French declaration and of those of our own country. The first ten amendments to our constitution, which form a bill of rights, were not proposed in Congress until Sept. 25, 1789, and could, of course, have exercised no influence upon the National Assembly. The representatives of the French people, organized as a National Assembly, believing that the ignorance, neglect or contempt of the rights of man are the sole cause of public calamities and of the cor- ruption of governments, have determined to set forth in a solemn declaration the natural, inalienable and sacred rights of man, in order that this declaration, being constantly before all the members of the social body, shall remind them continually of their rights and duties ; in order that the acts of the legislative power, as well as those of the executive power, may be compared at any moment with the ends of all political institutions and may thus be more respected ; and, lastly, in order that the grievances of the citizens, based hereafter upon simple and incontestable principles, shall tend to the maintenance of the constitution and redound to the happiness of all. Therefore the National Assembly recognizes and proclaims, in the presence and under the auspices of the Supreme Being, the following rights of man and of the citizen: ARTICLE i. Men are born and remain free and equal in rights. Social distinctions may only be founded upon the general good. 2. The aim of all political association is the preservation of the natural and imprescriptible rights of man. These rights are liberty, property, security and resistance to oppression. 3. The principle of all sovereignty resides essentially in the nation. No body nor individual may exercise any authority which does not pro- ceed directly from the nation. 4. Liberty consists in the freedom to do everything which injures no one else ; hence the exercise of the natural rights of each man has DECLARATION OF THE RIGHTS OF MAN. 7 no limits except those which assure to the other members of the society the enjoyment of the same rights. These limits can only be determined by law. 5. Law can only prohibit such actions as are hurtful to society. Nothing may be prevented which is not forbidden by law, and no one may be forced to do anything not provided for by law. 6. Law is the expression of the general will. Every citizen has a right to participate personally or through his representative in its forma- tion. It must be the same for all, whether it protects or punishes. All citizens, being equal in the eyes of the law, are equally eligible to all dignities and to all public positions and occupations, according to their abilities, and without distinction except that of their virtues and talents. 7. No person shall be accused, arrested or imprisoned except in the cases and according to the forms prescribed by law. Any one soliciting, transmitting, executing or causing to be executed any arbitrary order shall be punished. But any citizen summoned or arrested in virtue of the law shall submit without delay, as resistance constitutes an offence. 8. The law shall provide for such punishments only as are strictly and obviously necessary, and no one shall suffer punishment except it be legally inflicted in virtue of a law passed and promulgated before the commission of the offence. 9. As all persons are held innocent until they shall have been declared guilty, if arrest shall be deemed indispensable, all harshness not essential to the securing of the prisoner's person shall be severely repressed by law. 10. No one shall be disquieted on account of his opinions, including his religious views, provided their manifestation does not disturb the public order established by law. 11. The free communication of ideas and opinions is one of the most precious of the rights of man. Every citizen may, accordingly, speak, write and print with freedom, but shall be responsible for such abuses of this freedom as shall be denned by law. 12. The security of the rights of man and of the citizen requires public military force. These forces are, therefore, established for the good of all and not for the personal advantage of those to whom they shall be entrusted. 13. A common contribution is essential for the maintenance of the public forces and for the cost of administration. This should be 8 TRANSLATIONS AND REPRINTS. equitably distributed among all the citizens in proportion to their means. 14. All the citizens have a right to decide, either personally or by their representatives, as to the necessity of the public contribution ; to grant this freely ; to know to what uses it is put ; and to fix the pro- portion, the mode of assessment, and of collection, and the duration of the taxes. 15. Society has the right to require of every public agent an account of his administration. 1 6. A society in which the observance of the law is not assured, nor the separation of powers defined, has no constitution at all. 17. Since property is an inviolable and sacred right, no one shall be deprived thereof except where public necessity, legally determined, shall clearly demand it, and then only on condition that the owner shall have been previously and equitably indemnified. III. MEMOIR DRAWN UP BY THE COUNT OF MIRABEAU After the events of the fifth and sixth of October, 1789, and delivered by the Count of La Marck to Monsieur the Count of Provence, the King's brother, Oct. 15. Correspondance entre Mirabeau et le Compte de la Marck, I, 364-382. Mirabeau is generally recognized as the ablest statesman in France during this period. After the "October days" he was brought into communication with the King and retained some influence over the policy of the court until his death (April, 1791). His first communication to Louis XVI. is given almost in full, and is, per- haps, the most interesting and accurate contemporary review of the general political situation immediately after the transfer of the King and the Assembly to Paris. The King could not refuse to come to Paris, and whether the National Assembly could have refused to follow him or not, it had not in any case the power to detain him. Is the King free in Paris? He is in the sense that no foreign will has taken the place of his own, but he is certainly not at liberty to leave Paris. He may not select those who guard his person ; he cannot even exercise any direct control over the militia [milice~\ to whom his safety is confided. The National Assembly is free in Paris so far as its deliberations are concerned, but it could not adjourn to another town in the kingdom, nor can it guarantee to the delegate of the nation 1 more freedom than he already has. 1 The King. MEMOIR DRAWN UP BY MIRABEAU. 9 The position of the King is obviously prejudicial to the success of the revolution. The condition of affairs is not such indeed that the decrees of the Assembly and the sanction or acceptance of the mon- arch, which is inseparably connected with them, may be looked upon as the result of compulsion, as the enemies of the revolution never tire of repeating to the people. But this state of affairs offers a pretext for disobedience, leads to protests, furnishes hopes and supplies a means for leading even the best intentioned citizens astray, and may serve as a cloak for the schemes of the parlements and of the nobility. Two protests have already appeared ; the attitude of some of the provinces is doubtful, and the obedience of some of the commanders of the troops is uncertain. All this is sufficient to show how important it is to the safety of the state that no excuse should be left to the ill-inten- tioned, if the revolution is to be peacefully consummated. Will the King enjoy in Paris entire personal security even? Placed as he is, the least mischance may compromise his safety ! It is threatened by external movements, commotions within, party divisions, the errors of enthusiasm and of impatience, and, above all, by the violent collision of the capital with the provinces. Although Paris is powerful it contains many causes for disturbance. Its inhabitants, when excited, are irresistible. Winter is approaching and food may be wanting. Bankruptcy may be declared. What will Paris be three months hence? Assuredly a poor-house, perhaps a theatre of horrors. Is it to such a place that the head of the nation should entrust his existence and our only hope? The ministers are without resources. Only one of them enjoys any popularity, and he has always been supported rather by certain enthu- siastic admirers than by a party. But his resources are well known, and he has just shown himself in his true light. His empty brain has never contemplated more than to prop up here and there an edifice which is giving away at every point. He is anxious to prolong the death agony until the moment he has chosen for his political retirement, when, as in 1781, he plans to leave an asserted balance between the receipts and expenditures, and some millions in the Royal Treasury. Whether his plan succeeds or not, his success cannot extend beyond a few months, and this destructive financier can only give Paris a mo- ment's breathing space by ruining the kingdom. This is not a mere conjecture, but is a conclusion reached with the certainty of mathemati- cal demonstration. What will become of the nation after this useless IO TRANSLATIONS AND REPRINTS. attempt, which renders bankruptcy inevitable? We are only weary and discouraged as yet ; it is the moment of despair which is to be feared. The provinces are not disrupted, but they are watching each other suspiciously, and incipient disunion portends a storm. The transfer of provisions is more and more interrupted. The number of discon- tented is increased as an unavoidable result of even the best advised decrees of the Assembly. A nation must, in the last analysis, be measured by the work it does ; but the nation is out of the habit of work. Public strength lies only in public opinion and in the revenues of the state. But every bond of public opinion is severed. Only the direct taxes are paid at all, and these only partially, although the half of our taxes are indirect. Several years will be required to replace what six months have just destroyed, and the impatience of the people, which is increased by their misery, is apparent on every hand. A still more fatal emergency is to be anticipated. The National Assembly, which is so badly constituted in principle, composed as it is of discordant factions laboriousy brought together, can see that each day the confidence in its work is diminishing. The best inten- tions do not prevent mistakes. The Assembly is forced to deviate from its proper policy owing to the unfortunate fact that it declared its earlier decrees irrevocable, and now, not venturing to contradict itself or to retrace its steps, it thus finds another hindrance of its own creation in the way of its power. The respect which an exalted title and a great revolution seen from afar inspires, as well as hope, so essential to the people, still sustains it. But each day this great cause is deserted by a portion of those who make public opinion, although it demands the closest co-operation of every faction and party in the realm. The people are, moreover, only informed of the almost inevit- able mistakes of a legislative body which is too numerous, whose footing is insecure, and which has gone through no apprenticeship ; no empha- sis is laid upon the ease with which such mistakes could be corrected by the next legislature. A commotion is secretly preparing which may cause the loss, in a single day, of the fruits of the most severe effort. The body politic is on the point of dissolution. It must have a trans- fusion of new blood. The only way to save the state and the nascent constitution is to put the King in a position which will allow him, without delay, to unite with his people. MEMOIR DRAWN UP BY MIRABEAU. II Paris has long swallowed up the taxes of the kingdom. Paris is the seat of the financial regime which the provinces loathe. Paris has created the debt. Paris, by its miserable stock-gambling, has destroyed public credit, and has compromised the honor of the nation. Must the National Assembly, too, regard this city only, and sacrifice the whole kingdom for it? Several provinces fear that the capital will dominate the Assembly and direct the course of its work. Paris deman'ds only certain financial measures, while the provinces care only for agriculture and farming. Paris cares only for money, the provinces require laws- The dissensions between Paris and the provinces are clearly recognized, and will break forth on the least excuse. What then is to be done? Is the King free? His freedom is not complete, nor is it recognized. Is the King safe? I do not think so. Can even Paris save him alone? No ; Paris is lost if she is not brought to order and forced to moderation. The necessity of supplies places her at the mercy of the rest of the kingdom, and her inevitable ruin would result from a prolongation of the anarchic tyranny in which only her deceiving and deceived leaders, who are forced into a policy of unmeasured innovation by their own excesses, have any interest. Will the National Assembly finish its session without being harassed by the disturbances which a thousand circumstances lead us to anticipate? He would be bold certainly who should guarantee this ! Should no successful effort be made to give another direction to public opinion, to enlighten the people as to their true interests, to prepare, by instructions given to constituents, the spirit of the new legislature, will the state recover its tranquility, the army its strength, the executive power its influence and the monarch his real rights, whose exercise is essential to public liberty? Or will the monarchy be shaken to its foundation and very probably dismembered, that is to say, dissolved? It is easy to foresee what is to be apprehended by what has already happened. Some measures must obviously be taken, as all the facts clearly indicate. Several methods present themselves, but there are those which would entail the most terrible evils, and which I only mention to deter the King from a course which would mean certain destruction. To with- draw to Metz or upon any other frontier would be to declare war upon the nation and abdicate the throne. A king, who is the only safeguard of his people, does not flv before his people. He accepts them as the judge of his conduct snd principles. He does not sever 12 TRANSLATIONS AND REPRINTS. at a stroke all the bonds which unite them to him. He does not excite all manner of suspicion against himself, nor does he place himself in a position where he can only re-enter his possessions with arms in his hands, or be reduced to supplicate foreign aid. Who can say to what a state of frenzy the French nation might be aroused if it saw its king abandoning it in order to join a group of exiles, and become one of them himself, or how it would prepare for resistance and oppose the forces he might collect? Even I should denounce the monarch after such an act. To withdraw into the interior of the kingdom and call together the entire nobility would be a policy no less hazardous. Justly or not, the whole nation, which in its ignorance confuses nobility and aristocracy, has long looked upon the gentry en masse as their implacable enemies. The abolition of the feudal system was the expiation of ten centuries of madness. The disturbance might have been lessened, but now it is too late, and the decree is irrevocable. To join the nobility would be worse than for the King to throw himself into a foreign and hostile army. He has to choose between a great nation and a few individuals, between peace and civil war carried on upon exceedingly unequal terms. Would the King's safety be assured should he choose this alternative? A body of nobility is not an army which can fight, nor is it a province which can intrench itself. Would not the greater part of this nobility have their throats cut even before they could be brought together? Would not their possessions have been already annihilated? Should the nobility be called together in order to induce them to consent to new sacrifices, the deadly blow would be dealt before any explanation or understanding could take place. If, on the other hand, it were the plan to restore to them everything which general opinion and more enlightened reason has abolished, in the way of their exemptions and privileges, is it possible that peace and the collection of the taxes could be re-established within a nation, deluded, by this very restoration, in the dearest and most just of its hopes? To withdraw with a view of regaining his liberty, and in order to denounce the Assembly to the people and break off all connections with it, would be a less violent step than the two already mentioned, but in no way less dangerous. It would compromise the King's safety and would likewise precipitate civil war, since a great part of the provinces are willing to defend the decrees of the Assembly which MEMOIR DRAWN UP BY MIRABEAU. 13 with all their faults contain more errors of an administrative character than violations of principle and the people can not fail to see that the Assembly is at bottom very advantageous for them. Moreover, the enlightened portion of this nation knows that it must yield obedience provisionally to even the mistaken decrees of a legislative body, for without this no form of constitution could ever be established. The King would, therefore, have on his side neither the nobility, whose passions he would not share, nor his people, whose schemes he had not espoused. Or rather the first step, which can not be taken by itself, would entail many others, and the King would fall into one of the evil plights of which I have just pointed out the danger. It is certain, in short, that a great revolution is necessary to save the kingdom, that the nation has rights, that it is on the way to recover them all, and that it is not sufficient simply to re-establish them, but they must be consolidated, that a national convention can alone regenerate France, that the Assembly has already made several laws which it is indispensable to adopt, and that there is no safety for the King and for the state except in the closest alliance between the monarch and his people. All the methods which I have mentioned having been rejected, I will make the following observations upon a final plan which is certainly not without peril. But it must not be hoped that escape can be effected from great danger without some risk ; and all the powers of statesmen should now be directed towards preparing for, moderating, guiding and tempering the crisis, and not towards preventing one altogether, which is quite impossible. For the crisis can not even be delayed without rendering it more violent. This last plan can be carried out by the simplest means. The pre- parations should undoubtedly be made almost to their most trifling details, but they ought not to be communicated to those who are to execute the plan until the final resolution is taken. The minister is not, or at least is not generally recognized to be, sufficiently well intentioned to make it possible to submit the plan to him. All would be lost if any indiscretion should expose such a scheme, which, through ignorance of its aim and results, might be looked upon as a conspiracy, although the safety of the state is its only aim. No others should be admitted to the secret except those directly concerned in its execution. Having 6nce selected the leaders, they must be allowed perfect liberty in respect to means and the choice of agents, for, alas ! our misfortune 14 TRANSLATIONS AND REPRINTS. is such that we must proceed with the same mystery in doing good that the enemies of our country employ in injuring it. The following are the most important points : The way for the King's withdrawal would be prepared and the atti- tude of the provinces already determined by certain events which can easily be foreseen. It is impossible that the King's real want of free- dom, if he attempt to make use of it, should not be clearly proved by refusals or by insulting precautions. It is inevitable that the militia of Paris will exceed their true functions if an effort is made to reduce them to what they should be. It is impossible that, if an attempt should be made to negotiate for the entire freedom of the King, even on condition of his remaining in the capital, and the legislative body were appealed to for support, that the true position of the King should not be immediately revealed, and that the National Assembly should not see its own security and even its existence threatened within the walls of Paris. This would not be the creation of a new order of things, but a demonstration of the existing status. Nor is it difficult to foresee that, during the delay which the departure of the King may demand, we shall see new protests from the parlements, or the towns or other bodies whose ill intentions will second, in a sense, the public cause by showing more and more clearly the necessity of changing the position of the King. The reason for the departure of the King will then be sufficiently established. The public safety imperatively de- mands it. Several measures should be taken to render the safety of the King's withdrawal not even uncertain. His guards must be kept systematically scattered. There are a thousand pretexts for arranging the sudden assembling of 10,000 men, composed exclusively of national regiments, which could be stationed in three days at a point nearly equally distant from Rouen and Paris, and about twenty or twenty-five leagues from each city. If the provinces, which is almost impossible to conceive, should misunderstand this step, which the safety of all demands, reliable leaders should be be ready to form a second line, capable of repressing the ill-disposed and of cutting off communication with the suspected districts. This precaution would give time to enlighten the people, and public opinion would soon constitute itself ;he real army of defence. All this can easily be carried out without the aid of the ministers and by means of special influence brought to bear upon the garrisons. MEMOIR DRAWN UP BY MIRABEAU. 1 5 Having taken these precautions, the King may leave the palace in open day and retire to Rouen. He should select that city or its environs, because it is the centre of the kingdom, because a military position, taken up at just this point, commands a wide range of water- ways, controls the food supply of the only centre of resistance which need be considered, and may change this resistance into benedictions, if the beneficence of the King, his efforts and personal sacrifices, should succeed in restoring plenty. Rouen is farther to be selected, inasmuch as such a choice proclaims that there is no intention of flight, and that the only object is to conciliate the provinces. Normandy is, moreover, very thickly populated, and its inhabitants have more tenacity than other Frenchmen. It would be easy to unite this province with those of Brittany and Anjou, which would together form an irresistible force in themselves. Before the King's departure a proclamation should be prepared, addressed to all the provinces, in which the King should say among other things, that he is about to throw himself into the arms of his people ; that violence has been done him at Versailles ; that he was in a measure watched at Paris, and was not free to come and go as every citizen is and ought to be. For the truth of these statements proofs should be furnished. The King should say, moreover, that he recognizes that this situation serves as an excuse to the ill-disposed not to obey the decrees of the National Assembly and the sanction given by him to these decrees, all of which could easily compromise a revolution in which he is as much interested as the most ardent friends of liberty ; that he hopes to be inseparable from his people, and that the selection which he has made of Rouen proves this beyond contro- versy ; that he is the first king of his race who has formed the purpose of investing the nation with all its rights, and that he has persisted in this design in spite of his ministers and the counsels by which princes are corrupted j that he has adopted without reserve such and such decrees of the National Assembly ; that he renews his sanction and acceptance, and that his sentiments in this matter are unchangeable. He should say, further, that certain other decrees do not seem to him quite favorable enough to his people; that certain others have not, perhaps, been sufficiently maturely considered, and that he is anxious that the nation should have an opportunity of freely reconsidering these matters, without, however, in any way interfering with the pro- visional observation of decrees already duly passed. 1 6 TRANSLATIONS AND REPRINTS. The proclamation should announce that the King is about to call the National Assembly to him in order that it may continue its work, but that he will soon summon a new convention to judge, confirm, modify and ratify the work of the first Assembly ; that he is desirous above all that the national debt should be sacred ; that no compromise is possible, since this is a matter where the honor of the nation, and consequently his own, is concerned ; neither is any compromise possible in the matter of the continued existence of the parlements, which he has always regarded as the greatest scourge of his people, and which the National Assembly has undoubtedly delayed too long in abolish- ing; that it is time to instruct the nation that these bodies, which claim never to have acted otherwise than as a barrier against the King's power, are no less the enemy of the nation than of the mon- arch ; that their self-interest and ambition have always been the real motive for their assumed watchfulness ; that their true purpose, exhib- ited by their union with the nobility, with all the discontented elements, and with all the enemies of the public good, is to found their power upon anarchy, to destroy the bonds of obedience, in order to under- mine the authority of the King, or to second, on occasion, his authority in order to place itself in opposition to the nation and to foster, by this balancing and opposition of forces, a judicial aristocracy, which of all forms of corrupt government would obviously be the most tyrannical. The King should state that he is ready to submit to the greatest personal sacrifices, since there are to be no more promises of economy which are never carried out ; that he will live like a private individual ; that a million will suffice him for his personal expenses and those incurred as head of a family ; that he asks no more, and requires but a single table for himself and his family ; that all the luxury of the throne should consist in the perfecting of the civil government and in the wise liberality of distinctly national outlays ; that the creditors of the gov- ernment are no longer to be deluded with vain promises; that, compelled as they are to submit to payment in partial installments, he asks that the nation pledges at least all available property; that in order to escape from the inextricable confusion of the public finances, he is on the point of issuing a summons to all the creditors of the state, in order to learn the total public indebtedness, and will negotiate with the representatives of these creditors in order to submit something other to them than uncertain and disastrous operations, which can only serve to render the nation more and more apprehensive. MEMOIR DRAWN Ul> BY MIRABEAU. If The King should declare that, although he has resolved upon all possible personal sacrifice, he by no means holds that the same retrench- ment can be applied to all the payments which have, for a long time, been granted to a host of citizens who have at present no other means of support, and he requests the nation to consider that public peace is not to be successfully re-established by ruining and driving to despair so many thousand persons ; that for the rest he takes his people to witness as to his personal conduct in the past ; that he will not subdue them by arms, but by his love ; that he confides his honor and safety to French loyalty; that he only wishes the happiness of the citizens; and that his own pleasure is of no further importance. This procla- mation of a good king, this peace manifesto at once firm and popular, ought to be forwarded by extraordinary couriers to all the provinces, and all those in command should be notified to be on their guard. Another proclamation should be sent to the National Assembly to announce the departure of the King and the choice of a place to which to withdraw, with the request to consider whether they too ought not to betake themselves thither. The King should set forth in his letter the reasons which he had for leaving Paris. The Assembly would undoubtedly 'adjourn to the place indicated by the King if it were free to do so. If, after deciding upon this, it should be clear that the members were not free to go, the session would be ipso facto termi- nated, even if illegally prolonged. And if the Assembly should con tinue to deliberate after its want of freedom had been demonstrated, its farther proceedings would all bear the stamp of violence. If the Assembly should vote to continue its sessions at Paris in spite of the decree by which it is declared inseparable from the monarch, such a decision could only be dictated by fear and the want of liberty. But in that case the same influences would be seen in all subsequent deliberations, and would soon be revealed and recognized in the prov- inces. The existence of a secret constraint would be proved by the confessions of individual members of the Assembly, by their corres- pondence, and by hostile demonstrations at Paris ; there would thus be every reason for convoking a legislative body. In any case the King should take farther measures, either through his present ministry or through one he should immediately choose. Proclamations should follow one another, and the King should by this means instruct his people in their true interests. The public creditors having been called together and organized, it ought to be easy to enter into very fruitful negotiations with them. 1 8 TRANSLATIONS AND REPRINTS. The prevailing spirit of the National Assembly will necessarily be partially modified by the alteration of public opinion in the provinces. If any district should offer resistance, the executive power, authorized by the National Assembly, should make use of all its forces. All good citizens everywhere would co-operate with the King, and it would sooa be clear how potent, with a faithful and generous nation, is the respect and affection for a good prince who has ever desired the good, and who is himself more unhappy than his people l The only point upon which the King should be inflexible is the refusal to enter into any plan which has not, for its single aim, the peace and safety of the state and the inseparability of monarch and people. This inseparability is felt in the heart of every Frenchman. It must be realized in action and in the forces of the state. IV. ORIGIN OF THE JACOBIN CLUB. Alexandra de Lameth, L'histoire de 1'Assemblee Constituante, I, 422. The spontaneous and almost inevitable origin of the Jacobin Club is here described by one of its former prominent members. The constitution of the society and the lists of its affiliated clubs (numbering 406 in June, 1791), are given by Aulard (La Societe des Jacobins I, xxviii. ff and Ixxxi. ff). The list of members of the club at Paris, printed December 21, 1790, contained more than noo names. (Aulard, xxxiii. ff.) After the transfer of the Assembly to Paris, the deputies from prov* inces which were distant from the capital, and who, for the most part, had never visited Paris (for traveling was not so easy then as it is now) experienced a sort of terror at the idea of being alone and, so to speak, lost in the midst of this huge city. They almost all, consequently,, endeavored to lodge as near as possible to the Assembly, which thea sat near the Feuillants (at the point where the Rue Rivoli and the Ru Castiglione intersect) in order that they might be easily found in casa of necessity. But they were desirous that there should also be a place where they might meet to agree upon the direction of public matters. They applied to residents of the capital in whom they had confidence ; a search was made in the neighborhood of the Assembly and the refectory of Convent of the Jacobins was leased for two hundred francs 1 Something over a page, here omitted, deals with questions of when the plan should be carried out. Mirabeau says preparations should be begun at once, and then a favorable juncture selected, as it is unsafe to wait until the Constituantv breaks up. ORIGIN OF THE JACOBIN CLUB. 19 a year. The necessary furniture, which consisted of chairs, and tables for the committee, was procured for a like sum. At the first session about one hundred deputies were present, the next day double that number. The Baron de Menou was elected President, and Target, Barnave, Alexandre Lameth, Le Chapelier and Adrien du Port were elected secretaries, as well as three others whose names have escaped me. A committee was chosen to draw up a list of regulations: Barnave was the chairman. The society determined on the name, Friends of the Constitution. It was determined that all the members of the Assembly should be admitted, but only such other persons should be received as had published useful works. The first to be thus received were Condorcet, the Marquis de Casotte, a distin- guished economist, the Abbe" Lecamus, a mathematician, and a small number of other savants or publicists. The aim of the Society of the Friends of the Constitution was to discuss questions which were already or were about to be placed upon the calendar of the National Assembly. It cannot be denied that, inasmuch as the non-deputies exercised no influence upon these dis- cussions, they often had more force and brilliancy than in the Assembly itself, where one found himself hindered by the violent contradictions of the right wing, and often intimidated by a crowd of spectators. This preliminary consideration shed a great deal of light upon the discussions. The resolve to decide within the society itself, by pre- liminary ballots, the nominees for president, secretaries and the com- mittees of the Assembly, proved a great advantage to the popular party. For from that time the elections were almost always carried by the left, although up to that time they had been almost entirely controlled by the right. Camus, an ecclesiastical lawyer, then presi- dent and since become a Republican, had been elected by the aris- tocracy. The number of the deputies who customarily frequented the Society of the Friends of the Constitution quickly rose to nearly four hundred. The number of writers also increased in a marked ratio. But it was not long before the condition of having published a useful book was no longer required for admission to the Society, and it was decided that it was sufficient to have been recommended by six members. The organization then grew larger, and no longer possessed the same solidity in its composition. Very soon the place of meeting became insuffi- cient, and permission was obtained of the monks of the convent to meet in their library and later in their church. 20 TRANSLATIONS AND REPRINTS. Along in December, 1789, many of the leading inhabitants of the provinces, having come to Paris either on private business or to follow more closely the course of public affairs, had themselves introduced at the society and expressed a desire to establish similar ones in the chief cities of France. For they felt that these associations of citizens intent upon defending the cause of public interest would form an efficient means of counteracting the violent opposition of the aristocracy, which had not yet lost the power which it had so long exercised. V. ADDRESS OF THE NATIONAL ASSEMBLY TO THE FRENCH PEOPLE, FEB. n, 1790. Buchez et Roux, Histoire Parlementaire, Vol. IV, pp. 329 sqq. The National Assembly, as it progresses in its work, is receiving upon every hand the felicitations of the provinces, cities, and villages, testi- monials of the public satisfaction and expressions of grateful apprecia- tion; but murmurs reach it as well from those who are affected or injured by the blows aimed at so many abuses and prejudices. While occupied with the welfare of all, the Assembly is solicitous in regard to individual ills. It can forgive prejudice, bitterness and injustice, but it feels it to be one of its duties to warn you against the influence of calumny, and to quiet the empty terrors which some are vainly trying to arouse in you. To what have they not resorted in order to mislead and discourage you? They pretend to be unaware of the good that the National Assembly has accomplished ; this we propose to recall to your mind ; objections have been raised against what has been done ; these we propose to meet ; they have disseminated doubts and anxiety as to what we propose to do in the future ; this we will explain to you. What has the Assembly accomplished ? In the midst of storms, it has, with a firm hand, traced the principles of a constitution which will assure your liberty for ever. The rights of man had been misconceived and insulted for centuries; they have been re-established for all humanity in that declaration, which shall serve as an everlasting war-cry against oppressors and as a law for the legislators themselves. The nation had lost the right to decree both the laws and the taxes ; this right has been restored to it, while at the same time the true principles of monarchy have been solemnly established, as well as the invioliability of the august head of the nation and the heredity of the throne in a family so dear to all the French. Formerly you had only the Estates ADDRESS OF THE NATIONAL ASSEMBLY. 21 General, now you have a National Assembly of which you can never be again deprived. In the Estates General, the orders, which were neces- sarily at odds and under the domination of ancient pretentions, dictated the decrees and could check the free action of the national will. These orders no longer exist ; all have disappeared before the honorable title of citizen. All being citizens alike, you demanded citizen-defenders and, at the first summons, the National Guard arose, which, called together by patriotism and commanded by honor, has everywhere maintained or established order and watches with untiring zeal over the safety of each for the benefit of all. Privileges without number, irreconcilably at enmity with every good, made up our entire public law. These have been destroyed and at the word of this Assembly, the provinces which were the most jealous of theirs, applauded their disappearance, feeling that they gained rather than lost thereby. A vexatious feudal system, powerful even in ;ts ruin, covered the whole of France ; it has now disappeared never to return. In the provinces, you were subject to a harassing administra- tion ; from this you have been freed. Arbitrary commands threatened the liberty of the citizens; they have been done away with. You desired a complete organization of the municipalities ; this you have just received and the creation of these bodies, chosen by your votes, offers, at this moment, a most imposing spectacle. At the same time, the National Assembly has finished the task of a new division of th* kingdom which alone might serve to remove the last trace of former prejudices, substitute for provincial selfishness the true love for one*, country, serve as the basis of a just system of representation, and deter mine the rights at once of every man and of every canton in proportion to the importance of their relations to the state. 1 This was a difficult problem whose solution remained unknown until our day * This, Frenchmen, is our work, or rather yours, for we are only your organ and you have enlightened, encouraged and sustained us in our laboru. What a glorious period is this which we at last enjoy ! How honorable *A reference to the complicated system of apportioning the representation, the constitution of 1791 providing (Chap. I., IF I, Ait. 2,) that the 745 seats in the legislative body should be distributed among the 83 departments according to (} the area of each, (2) the number of its inhabitants, and (3) the amount of direct taxes it paid. 1 The enumeration of a few farther reforms is here omitted. The Assembly notes the abolition of the sale of offices and the partial extinction of the Gabelle. 22 TRANSLATIONS AND REPRINTS. the heritage which you may transmit to your posterity ! Raised to the rank of citizens, admissible to every form of employment, enlight- ened censors of the administration when it is not actually in your hands, certain that all will be done by you and for you, equal before the law, free to act, to speak, to write ; owing no account to individuals but always to the common-will ; what condition more happy ! Is there a single citizen worthy of the name, who would dare look back, who would re-build once more the ruins which surround us, in order again to contemplate the former structure? Yet what has not been said and done to weaken the natural impres- sions which such advantages should produce upon you? It is urged that we have destroyed everything ; everything must, then, be recon- structed. But what is there which need be so much regretted ? If we would know, let those be questioned in regard to the objects of reform or destruction who did not profit by them ; let even men of good faith be questioned who did profit by them. But let us leave one side those who, in order to ennoble the demands of purely personal interests, now choose as the objects of their commiseration the fate of those to whom they were formerly quite indifferent. We may then jndge if each sub- ject of reform does not enjoy the approval of all of those whose opinions should be considered. Some say that we have acted too precipitately ; as many others proclaim that we have been too deliber- ate. Too much precipitation ! Does not every one know that only by attacking and overthrowing all the abuses at the same time can we hope to be freed from them without danger of their return ; that then, and then only, every one becomes interested in the re-establishment of order ; that slow and partial reforms have always resulted in no reform at all and that an abuse preserved becomes the support, and before long, the means of restoring all those which we thought to have destroyed ? Our meetings are said to be disorderly what of that, if the decrees which proceed from them are wise? We are indeed far from wishing to hold up for your admiration the details of all our debates. More than once they have been a source of annoyance to us, but at the same time we have felt that it was very unjust to take advantage of this disorder; and indeed this impetuosity is the almost inevitable effect of the first conflict which has perhaps ever been fought by every right principle against every form of error. We are accused of having aspired to a chimerical perfection. A curious reproach indeed, which, if one looks at it closely, proves to be ADDRESS OF THE NATIONAL ASSEMBLY. 23 only an ill-disguised desire for the perpetuation of the abuses. The National Assembly has not allowed itself to be influenced by motives of servile interest or pusillanimity. It has had the courage, or rather the sense, to believe that useful ideas, essential to the human race, were not destined simply to adorn the pages of a book, and that the Supreme Being when he granted the attribute of perfectibility to man, did not forbid him to apply this peculiar appanage of his nature to the social organization, which has become the most comprehensive of his interests and almost the most important of his needs. It is impossible, some say, to regenerate an old and corrupt nation. Let such objectors learn that there is nothing corrupt but those who wish to perpetuate corrupt- ing abuses, and that a nation becomes young again the moment it resolves to be born anew in liberty. Behold the regeneration, how the nation's heart already beats with joy and hope and how pure, elevated and patriotic are its sentiments ! With what enthusiasm do the people daily solicit the honor of being allowed to take the oath of citizen ! ^-but why consider so despicable a reproach? Shall the National Assembly be reduced to excuse itself for not having rendered the French people desperate? But we have done nothing for the people, their pretended friends cry on all sides. Yet it is the people's cause which is everywhere triumphant. Nothing done for the people ! Does not every abuse which is abolished prepare the way for and assure them relief? Is there an abuse which does not weigh upon the people? They do not com- plain it is because the excess of their ills has stifled complaint. They are now unhappy say better that they are still unhappy but not for long ; that we swear. We have destroyed the power of the executive No, say rather the power of the ministers, which, in reality, formerly destroyed or often degraded the executive power. We have enlightened the executive power by showing it its true rights ; we have, above all, ennobled it by bringing it to the true source of its power, the power of the people. The executive power is now without force against the constitution and the law, that is true, but in support of them, it will be more powerful than ever before. The people is aroused Yes, for its defence, and with reason. But, it is urged, in several places there have been unfortunate occurrences. Should the National Assembly be reproach ed for these? Should dis- asters be attributed to it which it mourns, which it would have 24 TRANSLATIONS AND REPRINTS. prevented and arrested by the force of its decrees, and which the here- after indissolvable union between the two powers and the irresistible action of all the national forces will doubtless check? We have exceeded our powers. The reply is simple. We were incontestably sent to make a constitution, this was the wish and the need of the whole of France. But was it possible to create a constitu- tion and form an even imperfect body of constitutional decrees, without the plentitude of power which we have exercised. We will say more : without the National Assembly France was lost ; without the recogni- tion of the principle which has governed all our decrees, of submitting the decision of every matter to a majority of votes, freely cast, it is impossible to conceive, we will not say a constitution, but even the prospect of destroying permanently the least of the abuses. This principle embodies an eternal truth and has been recognized through- out France. It receives recognition in a thousand ways in the numer- ous ratifications [addresses d' adhesion] which oppose the swarm of libels reproaching us for exceeding our powers. These addresses, felicitations, compliments and patriotic resolutions, what a conclusive conformation do they constitute of those powers which some would contest ! These, Frenchmen, are the reproaches which have been directed against your representatives in the mass of culpable writings in which a tone of civic grief is assumed. But their authors flatter themselves in vain that we are to be discouraged. Our courage is redoubled, you will not long wait for the results * What have you to fear? Nothing, nothing except a fatal impatience. Wait but a little ; it is after all for liberty that you have granted so many centuries to despotism. Friends, Citizens, exercise a generous not a servile patience. Do this in the name of your fatherland, for you now have one : in the name of your king ; for you now have a king. He is yours, no longer the king of a few thousand men, but king of the French, of all the French. He may now well despise and hate despotism, as king of a free people, and realize the falsity of the lying deceptions maintained by his court, who called themselves his people ! These illusions surrounded him in his cradle and were intentionally made a part of his royal education, for it has been the habit from all 1 The reforms which the Assembly announces for the future are omitted here. The chief were an enlightened system of taxes, a reorganization of the church, new codes Of the criminal and civil law, and a national system of education. CIVIL CONSTITUTION OF THE CLERGY. 25 time to inculcate them in the minds of kings, so that their errors might constitute the patrimony of the court. But the king is yours; how dear he is to us ! Would you, after the people have become his court, refuse him the peace and happiness which he merits? Here- after let him encounter no more of the violent scenes which have so grieved his heart. Let him see, on the contrary, that order is being restored, property is everywhere respected and defended, that you receive and place under the aegis of law both friend and enemy of your cause, both the innocent and the guilty, for no one is longer held guilty until the sentence has been passed upon him. Let your estimable monarch perceive more of the generous traits and noble examples which have shed such honor upon the cradle of French liberty, in the protection and defense of your adversaries whom you cover with your own person. Astonish him with your virtue and thus grant him the reward of his own, by hastening the moment when he may enjoy public tranquility and the spectacle of your felicity. As for us we will pursue our laborious task, devoting and consecrat- ing ourselves to the great work of drawing up the constitution your work as well as ours. We will complete it, assisted by the wisdom of all France. Having conquered all obstacles, with a satisfied conscience, assured of your future happiness and rejoicing in it by anticipation, we will place in your hands the constitution, as a sacred trust, under the protection of new virtues, of which the germ, implanted in your bosoms, has developed in the first dawn of liberty. VI. THE CIVIL CONSTITUTION OF THE CLERGY. 1A /^Frocks-verbal d4' Assemble Nationale (in 75 vols.), No. 346 (under July 12, 1790). The reorganization of the Church which followed upon the confiscation of its vast possessions is an excellent illustration of the spirit of the National Assembly. The demaad for complete uniformity and simplification is especially pronounced in the reform of this most venerable institution of France, the anomalies and intricacies of which were hallowed not only by age, but by religious veneration. PROCLAMATION OF THE KING. In regard to the Decrees of the National Assembly relating to the Civil Constitution of the Clergy and the regulation of their salaries, August 24, 1790. The decree, having been examined \yu~\ by the king, is as follows : DECREE OF THE NATIONAL ASSEMBLY, JULY 12, 1790, RELATING TO THE CTVIL CONSTITUTION OF THE CLERGY. The National Assembly, after having heard the report of the Eccle- 26 TRANSLATIONS AND REPRINTS. siastical Committee, has decreed and do decree the following as consti- tutional articles : TITLE I. ARTICLE I. Each department shall form a single diocese, and each diocese shall have the same extent and the same limits as the depart- ment. II. The seat of the bishoprics of the eighty-three departments of the kingdom shall be established as follows : That of the Department of the Lower Seine at Rouen ; that of the Department of Calvados at Bayeux ! All other bishoprics in the eighty-three departments of the kingdom, which are not included by name in the present article are, and forever shall be, abolished. The kingdom shall be divided into ten metropolitan districts, of which the sees shall be situated at Rouen, Rheims, Besancon, Rennes, Paris, Bourges, Bordeaux, Toulouse, Aix and Lyons. These arch- bishoprics shall have the following denominations : That of Rouen shall be called the Archbishopric of the Coast of the Channel * III 3 IV. No church or parish of France nor any French citizen may acknowledge upon any occasion or upon any pretext whatsoever, the authority of an ordinary bishop or of an archbishop whose see shall be under the supremacy of a foreign power, nor that of their representa- tives residing in France or elsewhere ; without prejudice, however, to the unity of the faith and the intercourse which shall be maintained with the Visible Head of the Universal Church, as hereafter provided. V. After the bishop of a diocese shall have rendered his decision in his synod upon the matters lying within his competence an appeal may be carried to the archbishop, who shall give his decision in the metro- politan synod. VI. A new arrangement and division of all the parishes of the king- dom shall be undertaken immediately in concert with the Bishop and the District Administration. The number and extent of the parishes shall be determined according to rules which shall be laid down. VII. The cathedral church of each diocese shall be restored to its primitive condition and be hereafter at once the church of the parish 1 The names of the remaining episcopal sees are here omitted. 'The remaining names of the archbishoprics are here omitted. ' This article enumerates the departments included in each archbishopric. CIVIL CONSTITUTION OF THE CLERGY. 27 and of the diocese. This shall be accomplished by the suppression of parishes and by the redistribution of dwellings which it may be deemed necessary to include in the new parish. VIII ' XIV. The vicars of the cathedral churches, 2 the superior vicar and the directing vicars of the seminary shall form the regular and perma- nent Council of the Bishop, who shall perform no official act which concerns the government of the diocese or of the seminary until he has consulted them. The bishop may, however, in the course of his visits issue such provisional ordinances as may be necessary. XV. There shall be but a single parish in all cities and towns having not more than 6000 inhabitants. The other parishes shall be abolished or absorbed into that of the episcopal church. XVI. In cities having a population of more than 6000 inhabitants a parish may include a greater number of parishioners, and as many parishes shall be perpetuated as the needs of the people and localities shall require. XVII. The administrative assemblies, in concert with the bishop of the diocese shall indicate to the next legislative assembly, the country and subordinate urban parishes 3 which ought to be contracted or enlarged, established or abolished, and shall indicate farther the limits of the parishes as the needs of the people, the dignity of religion and the various localities shall require. XVIII. * XX. All titles and offices other than those mentioned in the present constitution, dignites? canonries, prebends, half-prebends, chapels, chaplainships, both in cathedral and collegiate churches, all regular and secular chapters for either sex, abbacies and priorships, both regular and in commendam, for either sex, as well as all other benefices and prestimonies in general, of whatever kind or denomination, are from 1 Articles VIII. to XIIL, here omitted, regulate the organization of the cathedral church and provide for one seminary in each diocese. J Article IX. provides for twelve of these vicars in cathedral towns having less than IO,ooo inhabitants, and for sixteen in the larger places. *Paroisses annexes ou succursales des miles or " chapels of ease," where a curate officiates. Articles XVIII.-XIX., here omitted, relate to details in the new division. 5 This is a broad term, and refers to the benefices to which some jurisdiction or pre-eminence in the chapter was attached, as those of provost, dean, archdeacon, etc. See Littr6 sub verbo. 28 TRANSLATIONS AND REPRINTS. the day of this decree extinguished and abolished and shall never be re-established in any form. XXI l TITLE II. ARTICLE I. Beginning with the day of publication of the present decree there shall be but one mode of choosing bishops and parish priests, namely that of election. II. All elections shall be by ballot and shall be decided by the abso- lute majority of the votes. III. The election of bishops shall take place according to the forms and by the electoral body designated in the decree of December 22, 1789, for the election of members of the Departmental Assembly. IV * VI. The election of a bishop can only take place or be undertaken upon Sunday, in the principal church of the chief town of the depart- ment, at the close of the parish mass, at which all the electors are required to be present. VII. In order to be eligible to a bishopric one must have fulfilled for fifteen years at least the duties of the church ministry in the diocese as a parish priest, officiating minister or curate or as superior or as directing vicar of the seminary. VIII 8 XVII. The archbishop or senior bishop of the province shall have the right to examine the bishop-elect in the presence of his council upon his belief and his character. If he deems him fit for the position he shall give him the canonical institution. If he believes it his duty to refuse this, the reasons for his refusal shall be recorded in writing and signed by the archbishop and his council, reserving to the parties concerned the right to appeal on the ground of an abuse of power as hereinafter provided.* XVIII. The bishop applied to for institution may not exact of the 1 Articles XXI.-XXV., here omitted, relate to the rights of private individuals in the matter of foundations and of collation to certain benefices. Articles IV .-V., here omitted, relate to the announcement of pending elections. 8 Articles VIII.-XVI., designate those of the existing clergy who are eligible, and add some details in regard to the forms of announcing the results of the elections. 4 The right of appeal to the civil power in case of a refusal to confirm the person elected, which was also permitted to the ordinary priests (Art. XXXVI.), is not mentioned later in the document. CIVIL CONSTITUTION OF THE CLERGY. 29 person elected any form of oath except that he makes profession of the Roman Catholic and Apostolic religion. XIX. The new bishop may not apply to the pop^e for any form of conformation but shall write to him as to the visible Head of the Uni- versal Church as a testimony to the unity of faith and communion maintained with him. XX 1 XXI. Before the ceremony of consecration begins, the bishop-elect shall take a solemn oath in the presence of the municipal officers, of the people and of the clergy to guard with care the faithful of his diocese who are confided to him, to be loyal to the Nation, the Law and the King and to support with all his power the constitution decreed by the National Assembly and accepted by the King. XXII ' XXV. The election of the parish priests shall take place according to the forms and by the electors designated in the decree of December 22, 1789, for the election of members of the Administrative Assembly of the District. XXVI 8 XXIX. Each elector, before depositing his ballot in the ballot-box, shall take oath to vote only for that person whom he has conscientiously selected in his heart as the most worthy, without having been influenced by any gift, promise, solicitation or threat. The same oath shall be re- quired at the election of the bishops as in the case of the parish priests. XXX * XL. Bishoprics and cures shall be looked upon as vacant until those elected to fill them shall have taken the oath above mentioned. XLI 5 TITLE HI. ARTICLE I. The ministers of religion, performing as they do the first and most important functions of society and forced to live continuously 1 Relates to the ceremony of consecration. a Articles XXII. -XXIV. provide for the appointment of the vicars of the cathedral churches and of the seminaries. 3 Articles XXVI.-XXVIII. relate to the details of the election. *The regulations relating to the eligibility, election, obligations and consecration of the priests contained in Articles XXX. -XXXIX. are very similar, mutatis mutandis, to those which apply to the bishops. 8 Articles XLI.-XLIV. relate to vacancies and the choice of curates. 3O TRANSLATIONS AND REPRINTS. in the place where they discharge the offices to which they have been called by the confidence of the people, shall be supported by the nation. II. Every bishop, priest and officiating clergyman in a chapel of ease, shall be furnished with a suitable dwelling on condition, however, that the occupant shall make all the necessary current repairs. This shall not affect at present, in any way, those parishes where the priest now receives a money equivalent instead of his dwelling. The depart- ments shall, moreover, have cognizance of suits arising in this connec- tion, brought by the parishes and by the priests. Salaries shall be assigned to each, as indicated below. III. The Bishop of Paris shall receive 50,000 livres ; the bishops of cities having a population of 50,^00 or more, 20,000 livres; other bishops, 12,000 livres. IV 1 V. The salaries of the parish priests shall be as follows : In Paris, 6000 livres; in cities having a population of 50,000 or over, 4000 livres ; in those having a population of less than 50,000 and more than 10,000, 3000 livres; in cities and towns of which the population is below 10,000 and more than 3000, 2400 livres. In all other cities, towns and villages where the parish shall have a population between 3000-2500, 2000 livres ; in those between 2500 and 2000, 1800 livres ; in those having a population of less than 2000, and more than 1000, the salary shall be 1500 livres ; in those having 1000 inhabitants and under, 1200 livres. VI a VII. The salaries in money of the ministers of religion shall be paid every three months, in advance, by the treasurer of the district. XI. The schedule fixed above for the payment of the ministers of religion shall go into effect upon the day of publication of this decree, but only in the case of those who shall be afterward provided with ecclesiastical offices. The remuneration of the present holders, both those whose offices or functions are abolished and those whose titles are retained, shall be fixed by a special decree. 1 Article IV. fixes the salaries of the vicars of cathedral churches. These ranged from 6000-2000 livres. 2 The salaries of the curates, fixed by Article VI. ranged from 2400 livres at Paris to 700 in the small places. -'Articles VIII. -X. relate to vacancies and pensions. CIVIL CONSTITUTION OF THE CLERGY. 3! XII. In view of the salary which is assured to them by the present constitution, the bishops, parish priests and curates shall perform the episcopal and priestly functions gratis. TITLE IV. ARTICLE I. The law requiring the residence of ecclesiastics in the districts under their charge shall be strictly observed. All vested with an ecclesiastical office or function shall be subject to this without distinction or exception. II. No bishop shall absent himself from his diocese more than two weeks consecutively during the year, except in case of real necessity and with the consent of the Directory of the Department in which his see is situated. III. In the same manner the parish priests and the curates may not absent themselves from the place of their duties beyond the term fixed above, except for weighty reasons, and even in such cases the priests must obtain the permission both of their bishop and of the Directory of their district, and the curates that of the parish priest. IV. In case a bishop or a priest shall violate this law requiring resi- dence, the communal government shall inform the procureur-general syndic of the department, who shall issue a summons to him to return to his duties. After a second warning the procureur shall take steps to have his salary declared forfeited for the whole period of his absence. V J VI. Bishops, parish priests and curates may, as active citizens, be present at the Primary and Electoral Assemblies, they may be chosen electors or as deputies to the Legislative Body, or as members of the General Council of the Communes or of the Administrative Councils of their districts or departments. Their duties are, however, declared incompatible with those of Maire or other municipal officers and those of members of the Directories of the District and of the Department. If elected to one of these last mentioned offices they must make a choice between it and their ecclesiastical position. VII. The incompatibility of office mentioned in Article VI shall only be observed in the future. If any bishops, parish priests or curates have been called by their fellow-citizens to the offices of Maire or to other communal offices or have been elected members of the Directory 1 Article V. provides in general that no bishop or priest shall accept any outside responsibilities which shall interfere with his duties in the church. 32 TRANSLATIONS AND REPRINTS. of the District or of the Department, they may continue their func- tions. 1 VII. EXTRACT FROM MARAT'S "AMI DU PEUPLE." Quoted in Chevremont, Jean-Paul Marat, I, 490 sqq. Marat began the publication of a newspaper in Paris, September, 1 789, which he called L'Ami du Peuple. His violence is mixed with much good sense, and his political capacity has been underrated (see Stephens, 215 syg~). The characteristic passage quoted relates to the efforts of Lafayette (" Motiier ") and others to justify the Command to the National Guard to fire upon the people who had collected on the Champ de Mars, July 17, 1791. O credulous Parisians, can you be duped by these shameful deceits and cowardly impostures? See if their aim in massacring the patriots was not to annihilate their clubs ? Even while the massacre was going on, the emissaries of Mottier were running about the streets mixing with the groups of people and loudly accusing the fraternal societies and the club of the Cordeliers of causing the misfortunes. The same evening the club of the Cordeliers, wishing to come together, found the doors of their place of meeting nailed up. Two pieces of artillery barred the entrance to the Fraternal Society and only those conscript fathers who were sold to the court were permitted to enter the Jacobin Club, by means of their deputy's cards. Not satisfied with annihilating the patriotic associations these scoun- drels violate the liberty of the press, annihilate the Declaration of Rights the rights of nature. Cowardly citizens, can you hear this without trembling ! They declare the oppressed, who in order to escape their tyranny, would make a weapon of his despair and counsel the massacre of his oppressors, a disturber of the public peace. They declare every citizen a disturber of the public peace who cries, in an uprising, to the ferocious satellites to lower or lay down their arms, thus metamorphosing into crimes the very humanity of peaceful citizens, the cries of terror and natural self-defence. Infamous legislators, vile scoundrels, monsters satiated with gold and blood, privileged brigands who traffic with the monarch, with our fortunes, our rights, our liberty and our lives ! You thought to strike terror into the hearts of patriotic writers and paralyze them with fright at the sight of the punishments you inflict. I flatter myself that they will not soften. As for The Friend of the People, vou know that for a 1 A list of the archbishoprics and bishoprics, which is here omitted, is appended to the decree. OPINION OF MALLET DU PAN. 33 long time your Decrees directed against the Declaration of Rights have been waste paper to him. 1 Could he but rally at his call two thousand determined men to save the country, he would proceed at their head to tear out the heart of the infernal Mottier in the midst of his bat- talions of slaves. He would burn the monarch and his minions in his palace, and impale you on your seats and bury you in the burning ruins of your lair. VIII. OPINION OF MALLET DU PAN ON THE WORK OF THE CONSTITUTIONAL ASSEMBLY. Mercure de France, October, 1791, quoted in Memoires et Correspondence de Mallet du Pan, I, 240-242. Mallet du Pan, a Swiss by birth, had edited the political part of the well-known periodical, Mercure de France, since 1784. He clearly realized the vices of the Ancien Regime, but, like many sensible men of the time, he could not but see the mistaken methods of the National Assembly. The circulation of his journal reached 1 1 ,000 copies in 1 790. The Constitutional Assembly cannot fail to recognize, without deny- ing positive and accepted facts, that, as a result of its doctrines and action, it leaves every religious principle destroyed, morals in the last stage of degradation, free sway to every vice, the rights of property violated and undermined, our forces, both land and naval, in a worse state than at the opening of its reign; that it has shaken, if not destroyed, the foundation of all military organization; that it leaves our finances in chaos, the public debt considerably augmented, the annual deficit, according to the most favorable calculators, increased by half, the taxes in arrears, their payment suspended, having struck at their very roots by the recklessness of an absolutely new system, of which the immediate effects have been to make the people regard them- selves as freed from taxation. It cannot disguise from itself that our influence and reputation in Europe are eclipsed ; that our commerce is less flourishing, our industry less productive, our population less numerous ; that our labor has decreased as well as the national wealth ; that it has caused the disappearance of the specie and dissipated an enormous amount of the public capital ; that finally our internal police in spite of numerous guards, is more oppressive and less effective than it was before the revolution. We will add what no one can deny, that the number of unfortunates 1 A coarse expression in the original. 34 TRANSLATIONS AND REPRINTS. of all classes has increased to a most frightful extent ; that misery and despair cast a funeral pall over the songs of triumph, the illuminations, the Te Deums and congratulatory speeches. I do not speak of the clergy and nobility ; their condition and birth having rendered them criminal in the eyes of the dominant party, their misfortunes are undoubtedly well-merited punishments and four or five hundred pri- vate individuals, having declared themselves inviolable, have assumed the right to determine their fate as the judge determines that of criminals; but I ask that a single class of Frenchmen, except the stock-brokers, be pointed out to me whose fortunes have not dimin- ished and whose resources and prosperity have not been painfully affected ! In order justly to appreciate the conduct of our first law makers we must avoid the sophism by which they have constantly fascinated the common people, that of comparing the present situation of France with the disastrous results of the most horrible despotism. That is a false standpoint to which knaves and fools are always careful to revert. A vast number of citizens do not desire the old any more than the new regime, and the reproaches heaped upon the latter do not affect the reform of the older system. In order to overcome the disapprobation of the citizens it must be proved that without the action of the Assembly and the public and private calamities which this has involved, France would never have gained freedom, the security of person and property, safety which is the first condition of a good government, peace which is its sign, political equality, plenty, strength, order, and general con- sideration. It would, moreover, have to be proved that the Assembly had not the power to choose other institutions, that no middle course presented itself and that the only government adapted to the existing exigences was that which the Assembly proclaimed, since no other offered such obvious advantages or a more evidently propitious future. IX. THE DECLARATION OF PILNITZ. From the French text in Martens, Recueil des principaux Traites, etc., V, p. 260. The Declaration of Pilnitz was naturally regarded by the French as an expression of sympathy for the Emigres, and as a promise to secure them the general support of Eupe in their counter-revolutionary schemes. It meant very little to those who drew it up. The Emperor is reported to have said "The words ' alors et dans ce cas ' are the law and the prophets for me. If England fails us the ' cas ' will not exist at all." (Sybel, bk. II., ch. 6.) His Majesty, the Emperor, and his Majesty, the King of Prussia, DECLARATION OF PILNITZ. 35 having given attention to the wishes and representations of Monsieur (the brother of the King of France), and of M. le Comte d'Artois, jointly declare that they regard the present situation of his majesty the King of France, as a matter of common interest to all the sovereigns of Europe. They trust that this interest will not fail to be recognized by the powers, whose aid is solicited, and that in consequence they will not refuse to employ, in conjunction with their said majesties, the most efficient means in proportion to their resources to place the King of France in a position to establish, with the most absolute freedom, the foundations of a monarchical form of government, which shall at once be in harmony with the rights of sovereigns and promote the welfare of the French nation In that case [Alors et dans ce cas~\ their said majesties the Emperor and the King of Prussia are resolved to act promptly and in common accord with the forces necessary to obtain the desired, common end. In the meantime they will give such orders to their troops as are necessary in order that these may be in a position to be called into active service. LEOPOLD. FREDERICK WILLIAM. Pilnitz, August 27, 1791. INTRODUCTORY BIBLIOGRAPHY. Stephens, H. Morse : A History of the French Revolution. Vol. I. New York, 1886. This is the only detailed modem treatment of this period in English (except the translation of v. Sybel's work mentioned below), and gives the student the results ot the recent remarkable historical activity in France. Although the book contains many errors and oversights in detail, these do not essentially impair its value. Von Sybel, Heinrich. Vol. I. Books I, and II. (Translated from the German.) This work is scholarly, but dry, unsympathetic, and lacks perspective. It deals only secondarily with the internal history of France, and its chief value lies in the latter portion, which treats the neglected period of the Directory. Sorel, Albert : L'Europe et la Revolution francaise. Especially Vol. II. Paris, 1885-93. While M. Sorel, like Sybel, has written a history of Europe rather than of France, his remarkable work contains a sjjf eirtpt, suggestive account (with references to the sources) of the period of the Constitutional Assembly. -"' ; Short accounts of the period are to be found in the books of Mallet, Morris, Gardiner, McCarthy and Rose, that of Mallet being perhaps the most satisfactory. Works in French on the subject are very numerous. That of Mi$net, while some- 36 TRANSLATIONS AND REPRINTS. what antiquated, is the best general account in small compass. The English transla- tion of the work in Bonn's Library is, however, wretched. Quinefs and Louis. Blanc's histories are still esteemed by modern scholars. THE SOURCES. Buchez et Roux, Histoire Parlementaire. Paris, 1834-38. 40 vols. This contains extracts from the debates in the assembly, with the text of some of the important decrees. It gives quotations from the newspapers and from the speeches in the Jacobin and 'other political clubs, together with other more or less important matter. "In Spite of very defective tables of contents and a somewhat erratic selection of material, this collection has been the main stay of a great many writers, and is still very valuable, in spite of more recent publications, by reason of its comprehensivene^s i and cheapness; the forty volumes are still procurable in Paris for fifteen to twenty dollars. Reimpression de 1'ancien Moniteur. Paris, several editions. 32 vols. This is a reprint of one of the most important newspapers of the revolutionary period. It has probably been ranked too high in the matter of impartiality and truthfulness, but it supplements the previous collection, and like it can be had for a relatively small outlay, about twenty dollars. Archives Parlementaires, de 1787-1860. Recueil complet des debats 16gislatifs et politiques des chambres franchises imprime par ordre du Senat et de la Cham- bre des Deputes. The "first series' of this comprehensive collection covers the period 1787-1799. 57 volumes nave been issued so far. Aulard, La Societe des Jacobins, Recueil de documents pour 1'histoire du Club des Jacobins de Paris. Paris, 1889-92. 5 vols. have so far appeared. This and other similar collections, published under the auspices of the Municipal Council of Paris, will greatly facilitate the work of historical writers in the future.' Memoirs and Correspondence. The numerous memoires which have been published upon this period by such men as Bailly, Ferrieres, Malouet, Mallet du Pan and others, the Correspondence of Mira- beau and La Marck, etc., constitute a class of important sources. The student is referred to Mr. Andrew D. White's Appendix to the American edition of Morris' " French Revolution " in the Epoch Series, which furnishes a very satisfactory bibliography. TRANSLATIONS AND REPRINTS FROM THE ORIGINAL SOURCES OF EUROPEAN HISTORY. VOL. I. ENGLISH CONSTITUTIONAL DOCUMENTS. No. 6. TABLE OF CONTENTS. PAOB I. CORONATION OATHS AND ROYAL CHARTERS. 1. Coronation Oath of Ethelred II 2 2. Coronation Oath of William the Conqueror 2 3. Charter of William to London 2 4. Coronation Charter of Henry 1 3 5. Coronation Charter of Stephen 5 6. Coronation Charter of Henry II 5 7. The Great Charter . . 6 8. Coronation Oath of Henry III 17 9. Confirmation of the Charters 17 10. Coronation Oath of Edward II 19 II. JUDICIAL DOCUMENTS. 1. Provisions for Hundred and Shire Courts 20 2. A Shire Moot in the Reign of Cnut 21 3. Writ for an Inquisition 22 4. Writ for a Recognition 22 5. Assize of Clarendon 22 6. Constitutions of Clarendon 26 7. Typical Criminal Cases in Royal Courts 30 8. Typical Civil Cases in Royal Courts 31 IIL WRITS OF SUMMONS TO PARLIAMENT. 1. Writ to the Lords in 1242 33 2. Writ to a Bishop in 1295 33 3. Writ to a Lay Noble in 1295 34 4. Writ to Sheriffs for Commoners in 1295 35 IV. SELECT BIBLIOGRAPHY. 2 TRANSLATIONS AND REPRINTS. 1. CORONATION OATHS AND ROYAL CHARTERS. At no time in English history has the power of the king been absolute and un- limited. The coronation oath bridged the chasm between the Saxon and the Norman kings, being taken by William and his immediate successors in exactly the form recorded as having been used by King Ethelred. The later charters of liberties indicate the progressive restrictions on the independence of the early Norman and Angevin kings, although the occasions for the issue of such charters were apparently almost accidental. The charter of Henry I. was granted to strengthen his doubtful claim to the throne ; two successive charters were issued by Stephen with the same object, and that of Henry II. was granted in imitation of these. Magna Charta is known to have been suggested by and based on these preceding grants. The Confirmation of the Charters was in form one of the many regrants of Magna Charta and the Forest Charter, but it obtained its importance from the sixth clause, which was practically new, and remained effective. Under another form, in which it appears as the statute de tallagio non concedendo, this grant is frequently referred to in later struggles between king and Parliament. I. CORONATION OATH OF ETHELRED H., A. D. 978. Kemble, Saxons in England. II. 36. Anglo-Saxon. In the name of the Holy Trinity, three things do I promise to this Christian people, my subjects ; first, that I will hold God's church and all the Christian people of my realm in true peace; second, that I will forbid all rapine and injustice to men of all conditions; third, that I promise and enjoin justice and mercy in all judgments, in order that a just and merciful God may give us all His eternal favor, who liveth and reigneth. 2. CORONATION OATH OF WILLIAM THE CONQUEROR, A. D. IO66. Florence of Worcester, under the year 1066. Latin. Having first, as the archbishop required, sworn before the altar of St. Peter the Apostle, in the presence of the clergy and people, to defend the holy churches of God and their governors, and also to rule over the whole people subject to him justly and with royal providence ; to enact and to preserve right law, and straitly to forbid violence and unjust judgments. 3. CHARTER OF WILLIAM THE CONQUEROR TO THE CITY OF LONDON, A. D. 1066. Liber Custumarum, Pt. i, pp. 25 and 26. Anglo-Saxon. William, king, greets William, bishop, and Gosfrith, portreeve, and CHARTER OF HENRY I. 3 all the burghers within London, French and English, friendly ; and I assure you that I will that ye all have rights before the law that had them in King Edward's day. And I will that every child be his father's heir after his father's day. And I will not allow that any man do any wrong to you. God keep you. 4. CORONATION CHARTER OF HENRY I., A. D. IIOI. Stubbs' Select Charters, 96-98. Latin. In the year of the incarnation of the Lord, noi, Henry, son of King William, after the death of his brother William, by the grace of God, king of the English, to all faithful, greeting : 1. Know that by the mercy of God, and by the common counsel of the barons of the whole kingdom of England, I have been crowned king of the same kingdom; and because the kingdom has been oppressed by unjust exactions, I, from regard to God, and from the love which I have toward you, in the first place make the holy church of God free, so that I will neither sell nor place at rent, nor, when archbishop, or bishop, or abbot is dead, will I take anything from the domain of the church, or from its men, until a successor is installed into it. And all the evil customs by which the realm of England was unjustly oppressed will I take away, which evil customs I partly set down here. 2. If any one of my barons, or earls, or others who hold from me shall have died, his heir shall not redeem his land, as he did in the time of my brother, but shall relieve it by a just and legitimate relief. Similarly also the men of my barons shall relieve their lands from their lords by a just and legitimate relief. 3. And if any one of the barons or other men of mine wishes to give his daughter in marriage, or his sister or niece or relation, he must speak with me about it, but I will neither take anything from him for this permission, nor forbid him to give her in marriage, unless he should wish to join her to my enemy. And if when a baron or other man of mine is dead a daughter remains as his heir, I will give her in marriage according to the judgment of my barons, along with her land. And if when a man is dead his wife remains and is without children, she shall have her dowry and right of marriage, and I will not give her to a husband except according to her will. 4. And if a wife has survived with children, she shall have her dowry and right of marriage, so long as she shall have kept her body legiti- 4 TRANSLATIONS AND REPRINTS. mately, and I will not give her in marriage, except according to her will. And the guardian of the land and children shall be either the wife or another one of the relatives as shall seem to be most just. And I require that my barons should deal similarly with the sons and daughters or wives of their men. 5 . The common tax on money l which used to be taken through the cities and counties, which was not taken in the time of King Edward, I now forbid altogether henceforth to be taken. If any one shall have been seized, whether a moneyer or any other, with false money, strict justice shall be done for it. 6. All fines and all debts which were owed to my brother, I remit, except my rightful rents, and except those payments which had been agreed upon for the inheritances of others or for those things which more justly affected others. And if any one for his own inheritance has stipulated anything, this I remit, and all reliefs which had been agreed upon for rightful inheritances. 7. And if any one of my barons or men shall become feeble, how- ever he himself shall give or arrange to give his money, I grant that it shall be so given. Moreover, if he himself, prevented by arms, or by weakness, shall not have bestowed his money, or arranged to bestow it, his wife or his children or his parents, and his legitimate men shall divide it for his soul, as to them shall seem best. 8. If any of my barons or men shall have committed an offence he shall not give security to the extent of forfeiture of his money, as he did in the time of my father, or of my brother, but according to the measure of the offence so shall he pay, as he would have paid from the time of my father backward, in the time of my other predecessors ; so that if he shall have been convicted of treachery or of crime, he shall pay as is just. 9. All murders, moreover, before that day in which I was crowned king, I pardon; and those which shall be done henceforth shall be punished justly according to the law of King Edward. 10. The forests, by the common agreement of my barons, I have retained in my own hand, as my father held them. 1 1 . To those knights who hold their land by the cuirass, I yield of 1 Moneiagium, which is here translated "tax on money," was a payment made to the king or other lord, periodically, on condition that he would not change the stand- ard of value during a given period. It was customary in Normandy. Ducange. CHARTER OF HENRY II. 5 my own gift the lands of their demesne ploughs free from all payments and from all labor, so that as they have thus been favored by such a great alleviation, so they may readily provide themselves with horses and arms for my service and for the defence of the kingdom. 12. A firm peace in my whole kingdom I establish and require to be kept from henceforth. 13. The law of King Edward I give to you again with those changes with which my father changed it by the counsel of his barons. 14. If any one has taken anything from my possessions since the death of King William, my brother, or from the possessions of any one, let the whole be immediately returned without alteration, and if any one shall have retained anything thence, he upon whom it is found will pay it heavily to me. Witnesses Maurice, bishop of London, and Gundulf, bishop, and William, bishop-elect, and Henry, earl, and Simon, earl, and Walter Giffard, and Robert de Montfort, and Roger Bigod, and Henry de Port, at London, when I was crowned. 5. CORONATION CHARTER OF KING STEPHEN, A. D. 1135. Statutes of the Realm. I, 4. Latin. Stephen, by the grace of God, king of the English, to the justices, sheriffs, barons, and all his ministers and faithful, French and English, greeting. Know that I have conceded and by this my present charter con- firmed to all my barons and men of England all the liberties and good laws which Henry, king of the English, my uncle, gave and conceded to them, and all the good laws and good customs which they had in the time of King Edward, I concede to them. Wherefore I wish and firmly command that they shall have and hold all those good laws and liberties from me and my heirs, they and their heirs, freely, quietly, and fully; and I prohibit any one from bringing any obstacle, or impediment, or diminution upon them in these matters on pain of forfeiture to me. Witness William Martel, at London. 6. CORONATION CHARTER OF HENRY H., A. D. 1 154. Statutes of the Realm. I, 4. Latin. Henry, by the grace of God, king of England, duke of Normandy and Aquitaine, and count of Anjou, to all the earls, barons, and his faithful, French and English, greeting. Know that, to the honor of 6 TRANSLATIONS AND REPRINTS. God and of the holy church and for the advantage of my whole king- dom, I have conceded and granted, and by my present charter con- firmed to God and to the holy church, and to all the earls and barons, and to all my men all the concessions and grants and liberties and free customs which King Henry, my grandfather, gave and conceded to them. Similarly also, all the evil customs which he abolished and remitted, I remit and allow to be abolished for myself and my heirs. Therefore, I will and strictly require that the holy church and all the earls and barons, and all my men should have and hold all those customs and grants and liberties and free customs, freely and quietly, well and in peace, and completely, from me and my heirs to them and their heirs, as freely and quietly and fully in all things as King Henry, my grandfather, granted and conceded to them and by his charter confirmed them. Witness, Richard de Luci, at Westminster. 7. THE GREAT CHARTER. GRANTED BY KING JOHN, JUNE 15, A. D. 1215. Stubbs' Reprint. Latin. John, by the grace of God, king of England, lord of Ireland, duke of Normandy and Aquitaine, count of Anjou, to the archbishops, bishops, abbots, earls, barons, justiciars, foresters, sheriffs, reeves, servants, and all bailiffs and his faithful people greeting. Know that by the inspiration of God and for the good of our soul and those of all our predecessors and of our heirs, to the honor of God and the exaltation of holy church, and the improvement of our kingdom, by the advice of our venerable fathers Stephen, archbishop of Canter- bury, primate of all England and cardinal of the holy Roman church, Henry, archbishop of Dublin, William of London, Peter of Winchester, Jocelyn of Bath and Glastonbury, Hugh of Lincoln, Walter of Wor- cester, William of Coventry, and Benedict of Rochester, bishops ; of Master Pandulf, sub-deacon and member of the household of the lord Pope, of Brother Aymeric, master of the Knights of the Temple in England ; and of the noblemen William Marshall, earl of Pembroke, William, earl of Salisbury, William, earl of Warren, William, earl of Arundel, Alan of Galloway, constable of Scotland, Warren Fitz-Gerald, Peter Fitz-Herbert, Hubert de Burgh, steward of Poitou, Hugh de Nevil, Matthew Fitz-Herbert, Thomas Bassett, Alan Bassett, Philip d' Albini, Robert de Roppelay, John Marshall, John Fitz-Hugh, and others of our faithful. THE GREAT CHARTER. 7 1. In the first place, we have granted to God, and by this our present charter confirmed, for us and for our heirs forever, that the English church shall be free, and shall hold its rights entire and its liberties uninjured ; and we will that it be thus observed ; which is shown by this, that the freedom of elections, which is considered to be most important and especially necessary to the English church, we, of our pure and spontaneous will, granted, and by our charter confirmed, before the contest between us and our barons had arisen ; and obtained a confirmation of it by the lord Pope Innocent III. ; which we shall observe and which we will shall be observed in good faith by our heirs forever. We have granted moreover to all free men of our kingdom for us and our heirs forever all the liberties written below, to be had and holden by themselves and their heirs from us and our heirs. 2. If any of our earls or barons, or others holding from us in chief by military service shall have died, and when he has died his heir shall be of full age and owe relief, he shall have his inheritance by the ancient relief ; that is to say, the heir or heirs of an earl for the whole barony of an earl a hundred pounds ; the heir or heirs of a baron for a whole barony a hundred pounds ; the heir or heirs of a knight for a whole knight's fee a hundred shillings at most ; and who owes less let him give less according to the ancient custom of fiefs. 3. If moreover the heir of any one of such shall be under age, and shall be in wardship, when he comes of age he shall have his inherit- ance without relief and without a fine. 4. The custodian of the land of such a minor heir shall not take from the land of the heir any except reasonable products, reasonable customary payments, and reasonable services, and this without de- struction or waste of men or of property ; and if we shall have com- mitted the custody of the land of any such a one to the sheriff or to any other who is to be responsible to us for its proceeds, and that man shall have caused destruction or waste from his custody we will recover damages from him, and the land shall be committed to two legal and discreet men of that fief, who shall be responsible for its proceeds to us or to him to whom we have assigned them ; and if we shall have given or sold to any one the custody of any such land, and he has caused destruction or waste there, he shall lose that custody, and it' shall be handed over to two legal and discreet men of that fief who shall be in like manner responsible to us as is said above. 8 TRANSLATIONS AND REPRINTS. 5. The custodian moreover, so long as he shall have the custody of the land, must keep up the houses, parks, warrens, fish ponds, mills, and other things pertaining to the land, from the proceeds of the land itself ; and he must return to the heir, when he has come to full age, all his land, furnished with ploughs and implements of husbandry according as the time of wainage requires and as the proceeds of the land are able reasonably to sustain. 6. Heirs shall be married without disparity, so nevertheless that before the marriage is contracted, it shall be announced to the relatives by blood of the heir himself. 7. A widow, after the death of her husband, shall have her marriage portion and her inheritance immediately and without obstruction, nor shall she give anything for her dowry or for her marriage portion, or for her inheritance, which inheritance her husband and she held on the day of the death of her husband ; and she may remain in the house of her husband for forty days after his death, within which time her dowry shall be assigned to her. 8. No widow shall be compelled to marry so long as she prefers to live without a husband, provided she gives security that she will not marry without our consent, if she holds from us, or without the consent of her lord from whom she holds, if she holds from another. 9. Neither we nor our bailiffs will seize any land or rent for any debt, so long as the chattels of the debtor are sufficient for the payment of the debt ; nor shall the pledges of a debtor be distrained so long as the principal debtor himself has enough for the payment of the debt ; and if the principal debtor fails in the payment of the debt, not having the wherewithal to pay it, the pledges shall be responsible for the debt ; and if they wish, they shall have the lands and the rents of the debtor until they shall have been satisfied for the debt which they have before paid for him, unless the principal debtor shall have shown himself to be quit in that respect towards those pledges. 10. If any one has taken anything from the Jews, by way of a loan, more or less, and dies before that debt is paid, the debt shall not draw interest so long as the heir is under age, from whomsoever he holds; and if that debt falls into our hands, we will take nothing except the chattel contained in the agreement. 11. And if any one dies leaving a debt owing to the Jews, his wife shall have her dowry, and shall pay nothing of that debt ; and if there remain minor children of the dead man, necessaries shall be provided THE GREAT CHARTER. g for them corresponding to the holding of the dead man ; and from the remainder shall be paid the debt, the service of the lords being retained. In the same way debts are to be treated which are owed to others than the Jews. 1 2. No scutage or aid shall be imposed in our kingdom except by the common council of our kingdom, except for the ransoming of our body, for the making of our oldest son a knight, and for once marrying our oldest daughter, and for these purposes it shall be only a reasonable aid ; in the same way it shall be done concerning the aids of the city of London. 13. And the city of London shall have all its ancient liberties and free customs, as well by land as by water. Moreover, we will and grant that all other cities and boroughs and villages and ports shall have all their liberties and free customs. 14. And for holding a common council of the kingdom concerning the assessment of an aid otherwise than in the three cases mentioned above, or concerning the assessment of a scutage, we shall cause to be summoned the archbishops, bishops, abbots, earls, and greater barons by our letters under seal ; and besides we shall cause to be summoned generally, by our sheriffs and bailiffs all those who hold from us in chief, for a certain day, that is at the end of forty days at least, and for a certain place ; and in all the letters of that summons, we will express the cause of the summons, and when the summons has thus been given the business shall proceed on the appointed day, on the advice of those who shall be present, even if not all of those who were summoned have come. 15. We will not grant to any one, moreover, that he shall take an aid from his free men, except for ransoming his body, for making his oldest son a knight, and for once marrying his oldest daughter ; and for these purposes only a reasonable aid shall be taken. 1 6. No one shall be compelled to perform any greater service for a knight's fee, or for any other free tenement than is owed from it. 17. The common pleas shall not follow our court, but shall be held in some certain place. 1 8. The recognitions of novel disseisin, mart d> ancestor, and darrein presentment shall be held only in their own counties and in this manner : we, or if we are outside of the kingdom our principal justiciar, will send two justiciars through each county four times a year, who with four knights of each county, elected by the county, shall hold in .IO TRANSLATIONS AND REPRINTS. the county and on the day and in the place of the county court the aforesaid assizes of the county. 19. And if the aforesaid assizes cannot be held within the day of the county court, a sufficient number of knights and free-holders shall remain from those who were present at the county court on that day to give the judgments, according as the business is more or less. 20. A free man shall not be fined for a small offence, except in proportion to the measure of the offence ; and for a great offence he shall be fined in proportion to the magnitude of the offence, saving his freehold ; and a merchant in the same way, saving his merchandise ; and the villain shall be fined in the same way, saving his wainage, if he shall be at our mercy ; and none of the above fines shall be imposed except by the oaths of honest men of the neighborhood. 2 1 . Earls and barons shall be fined only by their peers, and only in proportion to their offence. 22. A clergyman shall be fined, like those before mentioned, only in proportion to his lay holding, and not according to the extent of his ecclesiastical benefice. 23. No manor or man shall be compelled to make bridges over the rivers except those which ought to do it of old and rightfully. 24. No sheriff, constable, coroners, or other bailiffs of ours shall hold pleas of our crown. 25. All counties, hundreds, wapentakes, and tri things shall be at the ancient rents and without any increase, excepting our demesne manors. 26. If any person holding a lay fief from us shall die, and our sheriff or bailiff shall show our letters-patent of our summons concerning a debt which the deceased owed to us, it shall be lawful for our sheriff or bailiff to attach and levy on the chattels of the deceased found on his lay fief, to the value of that debt, in the view of legal men, so nevertheless that nothing be removed thence until the clear debt to us shall be paid ; and the remainder shall be left to the executors for the fulfilment of the will of the deceased ; and if nothing is owed to us by him, all the chattels shall go to the deceased, saving to his wife and children their reasonable shares. 27. If any free man dies intestate, his chattels shall be distributed by the hands of his near relatives and friends, under the oversight of the church, saving to each one the debts which the deceased owed to him. THE GREAT CHARTER. U 28. No constable or other bailiff of ours shall take anyone's grain or other chattels, without immediately paying for them in money, unless he is able to obtain a postponement at the good will of the seller. 29. No constable shall require any knight to give money in place of his ward of a castle if he is willing to furnish that ward in his own person or through another honest man, if he himself is not able to do it for a reasonable cause ; and if we shall lead or send him into the army he shall be free from ward in proportion to the amount of time by which he has been in the army through us. 30. No sheriff or bailiff of ours or any one else shall take horses or wagons of any free man for carrying purposes except on the permission of that free man. 31. Neither we nor our bailiffs will take the wood of another man for castles, or for anything else which we are doing, except by the permission of him to whom the wood belongs. 32. We will not hold the lands of those convicted of a felony for more than a year and a day, after which the lands shall be returned to the lords of the fiefs. 33. All the fish- weirs in the Thames and the Medway, and throughout all England shall be done away with, except those on the coast. 34. The writ which is called praecipe shall not be given for the future to any one concerning any tenement by which a free man can lose his court. 35. There shall be one measure of wine throughout our whole king- dom, and one measure of ale, and one measure of grain, that is the London quarter, and one width of dyed cloth and of russets and of halbergets, that is two ells within the selvages ; of weights, moreover, it shall be as of measures. 36. Nothing shall henceforth be given or taken for a writ of inquisi- tion concerning life or limbs, but it shall be given freely and not denied. 37. If any one holds from us by fee farm or by soccage or by bur- gage, and from another he holds land by military service, we will not have the guardianship of the heir or of his land which is of the fief of another, on account of that fee farm, or soccage, or burgage; nor will we have the custody of that fee farm, or soccage, or burgage, unless that fee farm itself owes military service. We will not have the guardianship of the heir or of the land of any one, which he holds from 12 TRANSLATIONS AND REPRINTS. another by military service on account of any petty serjeanty which he holds from us by the service of paying to us knives or arrows, of things of that kind. 38. No bailiff for the future shall place any one to his law on his simple affirmation, without credible witnesses brought for this purpose. 39. No free man shall be taken or imprisoned or dispossessed, or outlawed, or banished, or in any way destroyed, nor will we go upon him, nor send upon him, except by the legal judgment of his peers or by the law of the land. 40. To no one will we sell, to no one will we deny, or delay right or justice. 41. All merchants shall be safe and secure in going out from Eng- land and coming into England and in remaining and going through England, as well by land as by water, for buying and selling, free from all evil tolls, by the ancient and rightful customs, except in time of war, and if they are of a land at war with us ; and if such are found in our land at the beginning of war, they shall be attached without injury to their bodies or goods, until it shall be known from us or from our principal justiciar in what way the merchants of our land are treated who shall then be found in the country which is at war with us ; and if ours are safe there, the others shall be safe in our land. 42. It is allowed henceforth to any one to go out from our kingdom, and to return, safely and securely, by land and by water, saving their fidelity to us, except in time of war for some short time, for the common good of the kingdom; excepting persons imprisoned and outlawed according to the law of the realm, and people of a land at war with us, and merchants, of whom it shall be done as is before said. 43. If any one holds from an escheat, as from the honor of Walling- ford, or Nottingham, or Boulogne, or Lancaster, or from other escheats which are in our hands and are baronies, and he dies, his heir shall not give any other relief, nor do to us any other service than he would do to the baron, if that barony was in the hands of the baron ; and we will hold it in the same way as the baron held it. 44. Men who dwell outside the forest shall not henceforth come before our justiciars of the forest, on common summons, unless they are in a plea of, or pledges for any person or persons who are arrested on account of the forest. 45. We will not make justiciars, constables, sheriffs or bailiffs except of such as know the law of the realm and are well inclined to observe it. THE GREAT CHARTER. 13 46. All barons who have founded abbeys for which they have chat . ters of kings of England, or ancient tenure, shall have their custody when they have become vacant, as they ought to have. 47. All forests which have been afforested in our time shall be dis- afforested immediately; and so it shall be concerning river bank* which in our time have been fenced in. 48. All the bad customs concerning forests and warrens and coi- cerning foresters and warreners, sheriffs and their servants, river banks and their guardians shall be inquired into immediately in each county by twelve sworn knights of the same county, who shall be elected by the honest men of the same county, and within forty days after th inquisition has been made, they shall be entirely destroyed by them, never to be restored, provided that we be first informed of it, or our justiciar, if we are not in England. 49. We will give back immediately all hostages and charters which have been liberated to us by Englishmen as security for peace or for faithful service. 50. We will remove absolutely from their bailiwicks the relatives of Gerard de Athyes, so that for the future they shall have no bailiwick in England ; Engelard de Cygony, Andrew, Peter and Gyon de Chary, celles, Gyon de Cygony, Geoffrey de Martin and his brothers, Philip Mark and his brothers, and Geoffrey his nephew and their whole retinue^ 51. And immediately after the re-establishment of peace we wi remove from the kingdom all foreign-born soldiers, cross-bow meti servants, and mercenaries who have come with horses and arms for the injury of the realm. 52. If any one shall have been dispossessed or removed by us without legal judgment of his peers, from his lands, castles, franchises, or hvs right, we will restore them to him immediately; and if contention arises about this, then it shall be done according to the judgment ctf the twenty-five barons, of whom mention is made below concerning the security of the peace. Concerning all those things, however, from which any one has been removed or of which he has been deprived without legal judgment of his peers by King Henry our father, or by King Richard our brother, which we have in our land, or which others hold, and which it is our duty to guarantee, we shall have respite till the usual term of crusaders ; excepting those things about which the suit has been begun or the inquisition made by our writ before our assumption of the cross ; when, however, we shall return from our 14 TRANSLATIONS AND REPRINTS. journey or if by chance we desist from the journey, we will immedi- ately show full justice in regard to them. 53. We shall, moreover, have the same respite and in the same manner about showing justice in regard to the forests which are to be disafforested or to remain forests, which Henry our father or Richard our brother made into forests ; and concerning the custody of lands which are in the fief of another, custody of which we have until now had on account of a fief which any one has held from us by military service; and concerning the abbeys which have been founded. in fiefs of others than ourselves, in which the lord of the fee has asserted for himself a right ; and when we return or if we should desist from our journey we will immediately show full justice to those complaining in regard to them. 54. No one shall be seized nor imprisoned on the appeal of a woman concerning the death of any one except her husband. 55. All fines which have been imposed unjustly and against the law of the land, and all penalties imposed unjustly and against the law of the land are altogether excused, or will be on the judgment of the twenty-five barons of whom mention is made below in connection with the security of the peace, or on the judgment of the majority of them, along with the aforesaid Stephen, archbishop of Canterbury, if he is able to be present, and others whom he may wish to call for this purpose along with him. And if he should not be able to be present, neverthe- less the business shall go on without him, provided that if any one or more of the aforesaid twenty-five barons are in a similar suit they should be removed as far as this particular judgment goes, and others who shall be chosen and put upon oath, by the remainder of the twenty- five shall be substituted for them for this purpose. 56. If we have dispossessed or removed any Welshmen from their lands, or franchises, or other things, without legal judgment of their peers, in England, or in Wales, they shall be immediately returned to them ; and if a dispute shall have arisen over this, then it shall be settled in the borderland by judgment of their peers, concerning hold- ings of England according to the law of England, concerning holdings of Wales according to the law of Wales, and concerning holdings of the borderland according to the law of the borderland. The Welsh shall do the same to us and ours. 57. Concerning all those things, however, from which any one of the Welsh shall have been removed or dispossessed without legal judgment THE GREAT CHARTER. 15 of his peers, by King Henry our father, or King Richard our brother, which we hold in our hands, or which others hold, and we are bound to warrant to them, we shall have respite till the usual period of cru- saders, those being excepted abont which suit was begun or inquisition made by our command before our assumption of the cross. When, however, we shall return or if by chance we shall desist from our journey, we will show full justice to them immediately, according to the laws of the Welsh and the aforesaid parts. 58. We will give back the son of Lewellyn immediately, and all the hostages from Wales and the charters which had been liberated to us as a security for peace. 59. We will act toward Alexander, king of the Scots, concerning the return of his sisters and his hostages, and concernng his franchises and his right, according to the manner in which we shall act toward oui other barons of England, unless it ought to be otherwise by the charters which we hold from William his father, formerly king of the Scots, and this shall be by the judgment of his peers in our court. 60. Moreover, all those customs and franchises mentioned above which we have conceded in our kingdom, and which are to be fulfilled, as far as pertains to us, in respect to our men ; all men of our kingdom as well clergy as laymen, shall observe as far as pertains to them, in respect to their men. 61. Since, moreover, for the sake of God, and for the improvement of our kingdom, and for the better quieting of the hostility sprung up lately between us and our barons, we have made all these concessions ; wishing them to enjoy these in a complete and firm stability forever, we make and concede to them the security described below ; that is to say, that they shall elect twenty-five barons of the kingdom, whom they will, who ought with all their power to observe, hold, and cause to be observed, the peace and liberties whicli we have conceded to them, and by this our present charter confirmed to them ; in this manner, that if we or our justiciar, or our bailiffs, or any of our servants shall have done wrong in any way toward any one, or shall have transgressed any of the articles of peace or security ; and the wrong shall have been shown to four barons of the aforesaid twenty-five barons, let those four barons come to us or to our justiciar, if we are out of the kingdom, lay- ing before us the transgression, and let them ask that we cause that transgression to be corrected without delay. And if we shall not have corrected the transgression or, if we shall be out of the kingdom, if our 1 6 TRANSLATIONS AND REPRINTS. justiciar shall not have corrected it within a period of forty days, counting from the time in which it has been shown to us or to our justiciar, if we are out of the kingdom ; the aforesaid four barons shall refer the matter to the remainder of the twenty-five barons, and let these twenty-five barons with the whole community of the country dis- tress and injure us in every way they can ; that is to say by the seizure of our castles, lands, possessions, and in such other ways as they can until it shall have been corrected according to their judgment, saving our person and that of our queen, and those of our children ; and when the correction has been made, let them devote themselves to us as they did before. And let whoever in the country wishes take an oath that in all the above-mentioned measures he will obey the orders of the aforesaid twenty-five barons, and that he will injure us as far as he is able with them, and we give permission to swear publicly and freely to each one who wishes to swear, and no one will we ever forbid to swear. All those, moreover, in the country who of themselves and their own will are unwilling to take an oath to the twenty-five barons as to distress- ing and injuring us along with them, we will compel to take the oath by our mandate, as before said. And if any one of the twenty-five barons shall have died or departed from the land or shall in any other way be prevented from taking the above mentioned action, let the remainder of the aforesaid twenty-five barons choose another in his place, according to their judgment, who shall take an oath in the same way as the others. In all those things, moreover, which are committed to those five and twenty barons to carry out, if perhaps the twenty-five are present, and some disagreement arises among them about some- thing, or if any of them when they have been summoned are not will- ing or are not able to be present, let that be considered valid and firm which the greater part of those who are present arrange or command, just as if the whole twenty-five had agreed in this ; and let the afore- said twenty-five swear that they will observe faithfully all the things which are said above, and with all their ability cause them to be observed. And we will obtain nothing from any one, either by ourselves or by another by which any of these concessions and liberties shall be revoked or diminished ; and if any such thing shall have been obtained, let it be invalid and void, and we will never use it by ourselves or by another. 62. And all ill-will, grudges, and anger sprung up between us and our men, clergy and laymen, from the time of the dispute, we have fully CONFIRMATION OF THE CHARTERS. lj renounced and pardoned to all. Moreover, all transgressions com- mitted on account of this dispute, from Easter in the sixteenth year of our reign till the restoration of peace, we have fully remitted to all, clergy and laymen, and as far as pertains to us, fully pardoned. And moreover we have caused to be made for them testimonial letters- patent of lord Stephen, archbishop of Canterbury, lord Henry, arch- bishop of Dublin, and of the aforesaid bishops and of master Pandulf, in respect to that security and the concessions named above. 63. Wherefore we will and firmly command that the Church of England shall be free, and that the men in our kingdom shall have and hold all the aforesaid liberties, rights and concessions, well and peace- fully, freely and quietly, fully and completely, for themselves and their heirs, from us and our heirs, in all things and places, forever, as before said. It has been sworn, moreover, as well on our part as on the part of the barons, that all these things spoken of above shall be observed in good faith and without any evil intent. Witness the above named and many others. Given by our hand in the meadow which is called Runny- mede, between Windsor and Staines, on the fifteenth day of June, in the seventeenth year of our reign. 8. CORONATION OATH OF HENRY HI., A. D., I2l6. Matthew Paris, Greater Chronicles. III. i, 2. Rolls Series. Latin. Standing there before the high altar, the holy gospels and the relics of many saints having been placed near, Jocelyn [bishop] of Bath dictating the oath, he swore before the clergy and people that he would observe honor, peace, and reverence toward God and holy church and its ministers, all the days of his life ; that concerning the people com- mitted to him, he would preserve right justice; and that he would abolish evil laws and unjust customs, if there were such in the realm, and abide by the good ones, and make them to be observed by all good men. 9. CONFIRMATION OF THE CHARTERS, BY EDWARD I., 1297. Statutes of the Realm, I. 123, 124. French. i. Edward, by the grace of God king of England, lord of Ireland, and duke of Aquitaine to all those that shall hear or see these present letters, greeting : Know ye, that we to the honor of God and of holy church, and to the profit of our realm, have granted for us and our heirs that the Charter of Liberties and the Charter of the Forest, 1 8 TRANSLATIONS AND REPRINTS. which weie made by common assent of all the realm, in the time of King Henry our father, shall be kept in every point without breach. And we will that the same charters shall be sent under our seal as well to our justices of the forest as to others, and to all sheriffs of shires, and to all other officers and to all our cities throughout the realm, together with our writs, in which it shall be contained that they cause the aforesaid charters to be published, and declare to the people that we have confirmed them in all points, and that our justices, sheriffs, mayors, and other officials which under us have the laws of our land to guide, shall allow the said charters pleaded before them in judgment in all their points ; that is to wit, the Great Charter as the common law and the Charter of the Forest according to the assize of the forest, for the weal of our realm. 2. And we will that if any judgment be given from henceforth, by the justices or by any other of our officials that hold pleas before them, against the points of the charters aforesaid, it shall be undone and holden for naught. 3. And we will that the same charters shall be sent under our seal to cathedral churches throughout our realm, there to remain, and shall be read before the people twice yearly. 4. And that all archbishops and bishops shall pronounce the sentence of greater excommunication against all those that by word, deed, or counsel, do contrary to the aforesaid charters, or that in any point break or undo them. And that the said curses be twice a year denounced and published by the prelates aforesaid. And if the same prelates or any of them be remiss in the denunciation of the said sentences, the archbishops of Canterbury and York for the time being, as is fitting, shall compel and distrain them to make that denunciation in form aforesaid. 5. And for as much as divers people of our realm are in fear that the aids and tasks which they have given to us beforetime towards our wars and other business, of their own grant and good-will, howsoever they were made, might turn to a bondage to them and their heirs, because they might be at another time found in the rolls, and so like- wise the prises taken throughout the realm by our ministers ; we have granted for us and our heirs, that we shall not draw such aids, tasks, nor prises, into a custom, for anything that hath been done heretofore or that may be found by roll or in any other manner. 6. Moreover we have granted for us and our heirs, as well to arch- CORONATION OATH OF EDWARD II. 19 bishops, bishops, abbots, priors, and other folk of holy church, as also to earls, barons, and to all the commonalty of the land, that for no business from henceforth will we take such manner of aids, tasks, nor prises, but by the common consent of the realm, and for the common profit thereof, saving the ancient aids and prises due and accustomed. 7. And for as much as the more part of the commonalty of the realm find themselves sore grieved with the maletote of wools, that is to wit, a toll of forty shillings for every sack of wool, and have made petition to us to release the same ; we, at their requests, have clearly released it, and have granted for us and our heirs that we shall not take such thing or any other without their common assent and good-will, saving to us and our heirs the custom of wools, skins, and leather granted before by the commonalty aforesaid. In witness of which things we have caused these our letters to be made patent. Witness Edward, our son, at London, the tenth day of October, the five and twentieth year of our reign. And be it remembered that this same charter in the same terms, word for word, was sealed in Flanders under the king's great seal, that is to say at Ghent, the fifth day of November in the twenty-fifth year of the reign of our aforesaid lord the king, and sent into England. 10. CORONATION OATH OF EDWARD II., A. D. 1307. Statutes of the Realm. I. 168. French. \_Archbishop.~] Sire, will you grant and observe, and by your oath confirm to the people of England the laws and customs granted to them by the ancient kings of England, your predecessors, just and devoted to God ; and especially the laws and customs and franchises granted to the clergy and to the people by the glorious king, saint Edward, your predecessor? \_King.~\ I grant them and promise them. \_Arch- bisbopJ] Sire, will you keep toward God and holy church, and clergy and people entire peace and concord in God, according to your power? [King."] I will keep them. \_ArchbishopJ] Sire, will you cause to be given in all your judgments equal and right justice and judgment, in mercy and truth, according to your power? [King."] I will do it. {Archbishop.'] Sire, do you grant that the just laws and customs will be observed which the commonalty of your realm have chosen, and do you promise to protect and enforce them to the honor of God, according to your power? [King.'] I grant and promise it. 2O TRANSLATIONS AND REPRINTS. II. JUDICIAL DOCUMENTS. In England, during the Saxon period, the hundred and the shire moots evidently exercised a quite varied jurisdiction, an activity which lasted at least to the thirteenth century. Feudal or private jurisdiction grew up as an intrusion upon these older courts, and with the Norman conquest an ecclesiastical jurisdiction was formally sep- arated from them. But it was the judicial powers of the king and of his judges that were destined to predominate over, and eventually to supersede, all these other courts. Moreover, the centralized government of the Norman and Angevin kings was made effective largely through the agency of royal officials whose principal duties were of a judicial nature. The following documents are intended to illustrate the continuance of the earliest and the growth and development of the latest of these forms of judicial organization : I. PROVISIONS FOR THE HUNDRED AND SHIRE COURTS. Thorpe: Ancient Laws and Institutes of England. I. pp. 258 and 268. Anglo- Saxon; and Stubbs' Select Charters, p. 81. Latin. Edgar. This is the ordinance how the hundred shall be held. 1. That they meet always within four weeks: and that every man do justice to another. 2. That a thief shall be pursued If there be immediate need let it be made known to the hundred-man, and let him inform the tithing-man ; and let all go forth to where God may direct them to go : let them do justice on the thief, as it was formerly the enact- ment of Edmund. And let the money value be paid to him who owns the cattle, and the rest be divided into two ; half to the hundred, hah* to the lord, excepting men ; and let the lord take possession of the men. 5. We have also ordained; if the hundred pursue a track into another hundred, that notice be given to the hundred-man, and that he go with them. If he neglect this, let him pay thirty shillings to the king. 7. In the hundred, as in any other court, we ordain that folk-right be pronounced in every suit, and that a term be fixed when it shall be fulfilled. And he who shall break that term, unless it be by his lord's decree, let him make compensation with thirty shillings, and on the day fixed fulfil that which he ought to have done before. 9. Let the iron that is for the three-fold ordeal weigh three pounds ; and for the single, one pound. HUNDRED AND SHIRE MOOTS. 21 Edgar. II, 5. And let the hundred court be attended as it was before fixed ; and three times in the year let a borough court be held ; and twice, a shire court, and let there be present the bishop of the shire and the ealdorman, and there let both expound as well the law of God as the secular law. William I. 8. Let the hundred and the county be summoned as our ancestors ordered. 2. A SHIRE-MOOT IN HEREFORDSHIRE, ABOUT A. D. 1036. Thorpe, Diplomatarium Anglicum, p. 336. Anglo-Saxon. Here is made known in this writing, that a shire-moot sat at Aegelnoth's stone, in the day of King Cnut. There sat Aethelstan, bishop, and Ranig, ealdorman, and Edwin, the ealdorman's son, and Leofwine, Wulfsige's son, and Thurkil White ; and Tofig Prud came there on the king's errand ; and Bryning, shire-reeve, and Aegelweard of Frome and Leofwine of Frome and Godric of Stoke, and all the thanes in Herefordshire were there. Then came traveling there to the moot Edwin, Eanwen's son, and there raised a claim against his own mother to a portion of land, namely, at Wellington and Coadley. Then asked the bishop, who would answer for his mother. Then answered Thurkil White and said that he would if he knew the claim. Since he did not know the claim, they deputed three thanes from the moot to where she was, which was at Fawley. These were Leofwine of Frome, and Aegelsig the Red, and Winsige Scaegthman. And when they came to her they asked what claim she had to the lands for which her son was suing. Then said she that she had no land that in any way belonged to him, and was bitterly angry with her son. Then she called to her Leoflaed, her kinswoman, Thurkil's wife, and spoke to her as follows, before them all : " Here sits Leoflaed, my kinswoman, to whom I give not only my land, but my gold, and garments, and robes, and all that I own, after my day." And she then said to the thanes : " Do thane-like and well ; announce my errand to the moot before all the good men, and tell them to whom I have given my land and all my properly ; and to my own son never anything, and bid them be witnesses of this." And they then did so, rode to the moot, and declared to all the good men what she had laid upon them. Then Thurkil White stood up in the moot and prayed all the thanes to grant 22 TRANSLATIONS AND REPRINTS. to his wife clean the lands which her kinswoman had given her, and they did so. And Thurkil then rode to St. Aethelbert's monastery, with the leave and witness of all the folk, and caused it to be set in a Christ's book. 3. WRIT OF WILLIAM II.', FOR AN INQUISITION. Palgrave's English Commonwealth, II, clxxix. Latin. The king to William de Cahaunis greeting : I require you to cause the shire of Hampton to meet, and on its judgment to decide whether the land of Isham paid a rent to the monks of St. Benedict, in the time of my father, and if this is found to have been so, let it be in the control of the abbot ; thus if it is found to be demesne land, whoever holds it let him hold it from the abbot, and acknowledge him. And if he is not willing, let the abbot have it in his control, and see that no further complaint comes to me about it. Witness, William, bishop of Durham. ' 4. WRIT OF WILLIAM, SON OF HENRY I., FOR A RECOGNITION. Palgrave's English Commonwealth, II, clxxix. Latin. William, son of the king, to William, sheriff of Kent, greeting : I command you to require Hamo, son of Vitalis, and the honest men of the neighborhood of Sandwich, whom Hamo will nominate, to give a verdict [ut dicant veritatem~\ concerning the ship of the abbot of St. Augustine. And if that ship came by sea on the day when the king recently crossed the sea then I command that it should go free, until the king comes into England, and in the meantime that it should be given back to the aforesaid abbot. Witness the bishop of Salisbury and the chancellor, at Woodstock. 5. THE ASSIZE OF CLARENDON, 1 1 66. Stubbs' Select Charters, 137-139. Latin. Here begins the Assize of Clarendon, made by King Henry II. with the assent of the archbishops, bishops, abbots, earls and barons of all England. i . In the first place, the aforesaid King Henry, with the consent of all his barons, for the preservation of the peace and the keeping of justice, has enacted that inquiry should be made through the several counties and through the several hundreds, by twelve of the most legal men of the hundred and by four of the most legal men of each manor, ASSIZE OF CLARENDON. 23 upon their oath that they will tell the truth, whether there is in their hundred or in their manor, any man who has been accused or publicly suspected of himself being a robber, or murderer, or thief, or of being a receiver of robbers, or murderers, or thieves, since the lord king has been king. And let the justices make this inquiry before themselves, and the sheriffs before themselves. 2. And let any one who has been found by the oath of the afore- said to have been accused or publicly suspected of having been a robber, or murderer, or thief, or a receiver of them, since the lord king has been king, be arrested and go to the ordeal of water and let him swear that he has not been a robber, or murderer, or thief, or receiver of them since the lord king has been king, to the value of five shillings, so far as he knows. 3. And if the lord of the man who has been arrested or his stew- ard or his men shall have claimed him, with a pledge, within the third day after he has been seized, let him be given up and his chattels until be himself makes his law. 4. And when a robber, or murderer, or thief, or receiver of them shall have been seized through the above-mentioned oath, if the justices are not to come very soon into that county where they have been arrested, let the sheriffs send word to the nearest justice by some intel- ligent man that they have arrested such men, and the justices will send back word to the sheriffs where they wish that these should be brought before them ; and the sheriffs shall bring them before the justices ; and along with these they shall bring from the hundred and the manor where they have been arrested, two legal men to carry the record of the county and of the hundred as to why they were seized, and there before the justice let them make their law. 5. And in the case of those who have been arrested through the aforesaid oath of this assize, no one shall have court, or judgment, or chattels, except the lord king in his court before his justices, and the lord king shall have all their chattels. In the case of those, however, who have been arrested, otherwise than through this oath, let it be as it has been accustomed and ought to be. 6. And the sheriffs who have arrested them shall bring such before the justice without any other summons than they have from him. And when robbers, or murderers, or thieves, or receivers of them, who have been arrested through the oath or otherwise, are handed over to the sheriffs they also must receive them immediately without delay. 24 TRANSLATIONS AND REPRINTS. 7. And in the several counties where there are no jails, let such be made in a borough or in some castle of the king, from the money of the king and from his forest, if one shall be near, or from some other neighboring forest, on the view of the servants of the king ; ia order that in them the sheriffs may be able to detain those who have been seized by the officials who are accustomed to do this or by thesr servants. 8. And the lord king, moreover, wills that all should come to the county courts to make this oath, so that no one shall remain behind because of any franchise which he has or court or jurisdiction whicft he has, but that they should come to the making of this oath. 9. And there is to be no one within a castle or without a castle or even in the honor of Wallingford, who may forbid the sheriffs to enter into his court or his land for seeing to the f rankpledges and that all are under pledges ; and let them be sent before the sheriffs under a free pledge. 10. And in cities and boroughs, let no one have men or receive them in his house or in his land or his soc, whom he does not take in hand that he will produce before the justice if they shall be required, or else let them be under a frankpledge. ii. And let there be none within a city or borough or within a castle or without, or even in the honor of Wallingford, who shall forbid the sheriffs to enter into his land or his jurisdiction to arrest those who have been charged or publicly suspected of being robbers or murderers or thieves or receivers of them, or outlaws, or persons charged concern ing the forest ; but he requires that they should aid them to capture these. 12. And if any one is captured who has in his possession the fruits of robbery or theft, if he is of bad reputation and has an evil testimony from the public, and has not a warrant, let him not have law. And if he shall not have been accused on account of the possession which he has, let him go to the water. 13. And if any one shall have acknowledged robbery or murder or theft or the reception of them in the presence of legal men or of the hundred, and afterwards shall wish to deny it, he shall not have law. 14. The lord king wills, moreover, that those who make their law and shall be absolved by the law, if they are of very bad testimony, and publicly and disgracefully spoken ill of by the testimony of many and legal men, shall abjure the lands of the king, so that within eight ASSIZE OF CLARENDON. 35 days they shall go over the sea, unless the wind shall have detained them ; and with the first wind which they shall have afterward they shall go over the sea, and they shall not afterward return into England, except on the permission of the lord king ; and then let them be outlawed if they return, and if they return they shall be seized as outlaws. 15. And the lord king forbids any vagabond, that is a wandering or an unknown man, to be sheltered anywhere except in a borough, and even there he shall be sheltered only one night, unless he shall be sick there, or his horse, so that he is able to show an evident excuse. 1 6. And if he shall have been there more than one night, let him be arrested and held until his lord shall come to give securities for him, or until he himself shall have secured pledges ; and let him likewise be arrested who has sheltered him. 17. And if any sheriff shall have sent word to any other sheriff that men have fled from his county into another county, on account of robbery or murder or theft, or the reception of them, or for outlawry or for a charge concerning the forest of the king, let him arrest them. And even if he knows of himself or through others that such men have fled into his county, let him arrest them and hold them until he shall have secured pledges from them. 1 8. And let all sheriffs cause a list to be made of all fugitives who have fled from their counties ; and let them do this in the presence of their county courts, and they will carry the written names of these before the justices when they come first before these, so that they may be sought through all England, and their chattels may be seized for the use of the king. 19. And the lord king wills that, from the time when the sheriffs have received the summons of the justices in eyre to appear before them with their county courts, they shall gather together their county courts and make inquiry for all who have recently come into their counties since this assize ; and that they should send them away with pledges that they will be before the justices, or else keep them in custody until the justices come to them, and then they shall have them before the justices. 20. The lord king, moreover, prohibits monks and canons and all religious houses from receiving any one of the lesser people as a monk or canon or brother, until it is known of what reputation he is, unless he shall be sick unto death. a 6 TRANSLATIONS AND REPRINTS. 21. The lord king, moreover, forbids any one in all England to receive in his land or his jurisdiction or in a house under him any one of the sect of those renegades who have been excommunicated and branded at Oxford. And if any one shall have received them, he will be at the mercy of the lord king, and the house in which they have been shall be carried outside the village and burned. And each sheriff will take this oath that he will hold this, and will make all his servants swear this, and the stewards of the barons, and all knights and free tenants of the counties. 22. And the lord king wills that this assize shall be held in his kingdom so long as it shall please him. 6. THE CONSTITUTIONS OF CLARENDON, A. D. 1164. Stubbs' Select Charters, 131-134. Latin. In the year of the incarnation of the Lord, 1 1 64, of the papacy of Alexander, the fourth year, of the most illustrious king of the English, Henry II., the tenth year, in the presence of the same king, has been made this memorial or acknowledgment of a certain part of the customs and franchises and dignities of his predecessors, that is to say of King Henry, his grandfather, and of other kings, which ought to be observed and held in the kingdom. And on account of the discussions and disputes which have arisen between the clergy and the justices of our lord the king and the barons of the kingdom concerning the customs and dignities, this acknowledgment is made in the presence of the archbishops and bishops and clergy and earls and barons and principal men of the kingdom. And these customs, acknowledged by the archbishops and bishops and earls and barons, and by the most noble and ancient of the kingdom, Thomas, archbishop of Canterbury, and Roger, archbishop of York, and Gilbert, bishop of London, and Henry, bishop of Winchester, and Nigel, bishop of Ely, and William, bishop of Norwich, and Robert, bishop of Lincoln, and Hilary, bishop of Chichester, and Jocelyn, bishop of Salisbury, and Richard, bishop of Chester, and Bartholomew, bishop of Exeter, and Robert, bishop of Hereford, and David, bishop of Man, and Roger, bishop elect of Worcester have conceded, and in the word of truth by their living voice have firmly promised to the lord king and to his heirs should be held and observed, in good faith and without any evil intention, the following being present: Robert, earl of Leicester, Reginald, earl of Cornwall, Conan, count of Brittany, John, count of Eu, Roger, earl of CONSTITUTIONS OF CLARENDON. 2J Clare, earl Geoffrey de Mandeville, Hugh, earl of Chester, William, earl of Arundel, Earl Patrick, William, earl Ferrers, Richard de Lacy, Reginald de St. Valery, Roger Bigod, Reginald de Warenne, Richer de Aquila, William de Braose, Richard de Camville, Nigel de Mowbray, Simon de Warfield, Humphrey de Bohun, Matthew de Hereford, Walter de Medway, Manasses Bisett, steward, William Malet, William de Courcy, Robert de Dunstanville, Jocelyn de Balliol, William de Lanvale, William de Cheyney, Geoffrey de Vere, William de Hastings, Hugh de Moreville, Alan de Neville, Simon Fitz-Peter, William Malduit, chamberlain, John Malduit, John Marshall, Peter de Mare, and many others of the principal men and nobles of the kingdom, as well clergy as laity. Of these acknowledged customs and dignities of the realm, a certain part is contained in the present writing. Of this part the heads are as follows : i. If any controversy has arisen concerning the advowson and presentation of churches between laymen and ecclesiastics, or between ecclesiastics, it is to be considered or settled in the courts of the lord king. 2. Churches of the fee of the lord king cannot be given perpetually without his assent and grant. 3. Clergymen charged and accused of anything, when they have been summoned by a justice of the king shall come into his court, to respond there to that which it shall seem good to the court of the king for them to respond to, and in the ecclesiastical court to what it shall seem good should be responded to there ; so that the justice of the king shall send into the court of holy church to see how the matter shall be treated there. And if a clergyman shall have been convicted or has confessed, the church ought not to protect him otherwise. 4. It is not lawful for archbishops, bishops, and persons of the realm to go out of the realm without the permission of the lord king. And if they go out, if it please the lord king, they shall give security that neither in going nor in making a stay nor in returning will they seek evil or loss to the king or the kingdom. 5. Excommunicated persons ought not to give permanent security nor offer an oath, but only security and a pledge to stand to the judgment of the church, in order that they may be absolved. 6. Laymen ought not to be accused except by definite and legal accusers and witnesses, in the presence of the bishop, so that the 3 8 TRANSLATIONS AND REPRINTS. archdeacon shall not lose his right, nor anything which he ought to have from it. And if there are such persons as are blamed, but no one wishes or no one dares to accuse them, let the sheriff when required by the bishop cause twelve legal men of the neighborhood or of the township to take an oath in the presence of the bishop that they will show the truth about it according to their conscience. 7. No one who holds from the king in chief, nor any one of the officers of his demesnes shall be excommunicated, nor the lands of any one of them placed under an interdict, unless the lord king, if he is in the land, first agrees, or his justice, if he is out of the realm, in order that he may do right concerning him ; and so that what shall pertain to the king's court shall be settled there, and for that which has respect to the ecclesiastical court, that it may be sent to the same to be considered there. 8. Concerning appeals, if they should occur, they ought to proceed from the archdeacon to the bishop, from the bishop to the arch- bishop. And if the archbishop should fail to show justice, it must come to the lord king last, in order that by his command the con- troversy should be finally terminated in the court of the archbishop, so that it ought not to proceed further without the assent of the lord king. 9. If a contest has arisen between a clergyman and a layman or between a layman and a clergyman, concerning any tenement which the clergyman wishes to bring into charitable tenure, but the layman into a lay fief, it shall be settled by the deliberation of a principal justice of the king, on the recognition of twelve legal men, whether the tenement pertains to charity or to a lay fief, in the presence of that justice of the king. And if the recognition shall decide that it belongs to charity, the suit will be in the ecclesiastical court, but if to a lay fief, unless both are answerable to the same bishop or baron, the suit will be in the king's court. But if both shall be answerable concerning that fief before the same bishop or baron, the suit will be in his court, provided that the one who was formerly in possession shall not lose his possession on account of the recognition which has been made until it has been decided upon through the suit. 10. If any one who is of a city or a castle or a borough or a demesne manor of the lord king has been summoned by the arch- deacon or the bishop for any offence for which he ought to respond to them, and is unwilling to make answer to their summons, it is fully CONSTITUTIONS OF CLARENDON. 29 lawful to place him under an interdict, but he ought not to be ex- communicated before the principal officer of the lord king for that place agrees, in order that he may adjudge him to come to the answer. And if the officer of the king is negligent in this, he himself will be at the mercy of the lord king, and afterward the bishop shall be able to coerce the accused man by ecclesiastical justice. ii. Archbishops, bishops, and all persons of the realm, who hold from the king in chief, have their possessions from the lord king as a barony, and are responsible for them to the justices and officers of the king, and follow and perform all royal rules and customs ; and just as the rest of the barons ought to be present at the judgment of the court of the lord king along with the barons, at least till the judgment reaches to loss of limbs or to death. 12. When an archbishopric or bishopric or abbacy or priorate of the demesne of the king has become vacant, it ought to be in his hands, and he shall take thence all its rights and products just as demesnes. And when it has come to providing for the church, the lord king ought to summon the more powerful persons of the church, and the election ought to be made in the chapel of the lord king himself, with the assent of the lord king and with the agreement of the persons of the realm whom he has called to do this. And there the person elected shall do homage and fealty to the lord king as to his liege lord, concerning his life and his limbs and his earthly honor, saving his order, before he shall be consecrated. 13. If any one of the great men of the kingdom has prevented archbishop, bishop or archdeacon from exercising justice upon himself or his, the lord king ought to bring him to justice. And if by chance any one has deprived the lord king of his right, the archbishops and bishops and archdeacons ought to bring him to justice, in order that he may give satisfaction to the lord king. 14. The chattels of those who are in forfeiture to the king no church or church-yard must detain against the justice of the king, because they are the king's, whether they have been found within the churches or without. 15. Suits concerning debts which are owed through the medium of a bond or without the medium of a bond should be in the jurisdic- tion of the king. 1 6. Sons of rustics ought not to be ordained without the assent of the lord upon whose land they are known to have been born. 30 TRANSLATIONS AND REPRINTS. This acknowledgment of the aforesaid royal customs and dignities has been made by the aforesaid archbishops, and bishops, and earls, and barons, and the more noble and ancient of the realm, at Clarendon, on the fourth day before the Purification of the Blessed Mary, per- petual Virgin, Lord Henry being there present with his father, the lord king. There are, however, many other and great customs and digni- ties of holy mother church and of the lord king, and of the barons of the realm, which are not contained in this writing. These are preserved to holy church and to the lord king and to his heirs and to the barons of the realm, and shall be observed inviolably forever. 7. TYPICAL CRIMINAL CASES IN THE KING'S COURTS, I2OI-I2I4. Selden Society Publications: Maitland; Select Pleas of the Crown, pp. I, 14, 18, 27, 29, 75. Latin. Denise, who was the wife of Anthony, summons Nicholas Kam for the death of Anthony, her husband, as having wickedly killed her husband ; and this she offers to prove against him under award of the court. And Nicholas denies it all. It is adjudged that Denise has no right of summons, because she does not claim in her accusation that she saw it. The jurors being asked say that they suspect him of it, and the whole county likewise suspects him. Let Nicholas purge himself by water, according to the assize. He has found sureties. Hugh of Ruperes summons John of Ashby because he in the king's peace and wickedly came into his meadows and pastured his cattle on them, and this he offers, etc. And John comes and denies it all. And since it has been testified by the sheriff and by the guardians of the pleas of the crown, that he had previously summoned John for the pasturing of his meadows and for the beating of his men, and now is not willing to pursue his accusation concerning the men, but only con- cerning the meadows, and, moreover, an accusation of the pasturing of meadows does not pertain to the king's crown, it is judged that the accusation is of no effect, and therefore let Hugh be in mercy and John be declared quit. Hugh is in custody because he cannot find securities. Hereward, the son of William, accuses Walter, the son of Hugh, of assaulting him, in the king's peace, and wounding him in the arm with a certain iron fork, and giving him another wound on the head ; and this he offers to prove on his body, as the court shall approve. And Walter denies it all, on his body. And it is testified by the coroners TYPICAL CASES IN THE KING'S COURTS. 3! and by the whole county that the same Hereward showed his wounds at the proper time, and has made sufficient suit. And it is therefore adjudged that a battle should be made. The securities of Walter are Peter of Gosberton church and Richard, the son of Hereward; the securities of Hereward are William, his father, and the Prior of Pinchbeck. Let them come armed, a fortnight from St. Swithin's day, at Leicester. Lambert, the miller, complains that Clarice, wife of Lawrence, the son of Walter, sold him beer by a false gallon, and produces testimony which report that they were present when she thus sold by that gallon, that is to say, three gallons for a penny. Clarice comes and denies that she sold by a false gallon, or that she sold by that gallon which he said was hers as being a whole gallon, but as being a half -gallon. Let her defend herself with twelve hands on the coming of the justices. She has given securities. Security for her law, William, son of Ascelin ; securities of Lambert to prosecute, William Sanguinel, Richard, son of Geoffrey, Dennis, son of Lambert, and Walter the miller. A cetrain Lemis is suspected by the jurors of being present when Reinild of Hemchurch was slain, and of having given aid and consent to her death. And she denies it. Therefore let her purge herself by the ordeal of iron; but as she is ill, let it be postponed until she recovers. Walter Trench ebof was asserted to have handed to Inger of Falding- thorpe the knife with which he killed Guy Foliot, and is suspected of it. Let him purge himself by water that he did not consent to it. He has failed and is hanged. Simon, the son of Robert, who was captured in company with thieves and was held in prison because he was under age must likewise purge himself by water. He has purged himself and abjured the realm. 8. TYPICAL RECOGNITIONS ON THE ASSIZES, IN THE KING'S COURTS, I2OOI2O3. Selden Society Publications, Bailden; Select Civil Pleas, pp. 25, 51, 63, 61. Latin. John of Kilpeck demands against the abbot of Hagman the customs and right services, that is, the fifth part of one knight, which he owes him for the free tenement which he holds from him in Beobridge. And the abbot comes and says that he does not owe that service, nor does it appertain to that tenement; and in this matter he puts himself upon the great assize of our lord the king, and asks that a recognition 32 TRANSLATIONS AND REPRINTS. may be made thereof. Let it be made. Let John have a writ to summon four knights to elect twelve to make a recognition thereof on the coming of the justices. The assize of novel disseisin between William Torell, plaintiff, and the abbot of Stratford concerning a certain dike thrown down in Little Thurrock to the damage of the free tenement of William Torell in the same town is postponed till the week after Hilary's day, because of the recognitors ; of whom some excused themselves, and some came, etc. and Hugh of Boy ton and five others made default. And the abbot comes and says that a certain law was made in the time of King Henry the father, concerning the marshes, and he prays that it may be observed. Therefore the sheriff is commanded to provide such recog- nitors as know the law of the marsh, and who know the truth, to say whether the throwing down of that dike is to William's damage, or not. The assize of ntort