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Vol. III. Series for 1896. 
 
 Translations and Reprints 
 
 \i 
 
 FROM THE 
 
 Original Sources of European History 
 
 PUBLISHED BY y 
 THE DEPARTMENT OF HISTORY 
 
 OF THE 
 UNIVERSITY OF PENNSYLVANIA. 
 
 Philadelphia, Pa., 1897. 
 English Agency : P. S. KING & SON, 12-14 King Street, London, S. W. 
 
"^•'t'"/^T^''~ 
 
 l^t>5 
 
 I. The Fourth Crusade : 
 
 Edited by Dana Cari^kton Munro, A.M. 
 
 II. Statistical Documents of the Middle Ages : 
 
 Edited by Roi^and P. Falkner, Ph.D. 
 
 III. Period of the Later Reformation : 
 
 Edited by Mkrrick WhiTcomb, Ph.D. 
 
 IV. The Witch-Persecutions : 
 
 Edited by George L. Burr, A.B. 
 
 V. English Manorial Documents : 
 
 Edited by Edward P. Cheyney, A.M. 
 
 VI. The Pre-Reformation Period : 
 
 Edited by James Harvey Robinson, Ph.D. 
 
TABLE OF CONTENTS. 
 
 Roman numerals refer to the numbers ; Arabic numerals to the pages. 
 
 Abdication of Charles V., 
 
 Abuses in the Church, 
 
 Agreement, New: of Crusaders with Venetians, 1202, 
 
 Albigenses : Description of, 
 
 Alexis : Difficulties of Crusaders with, 
 
 Alexis: Summons to, by Crusaders, 
 
 Alwalton: Extent of, 
 
 Aquinas, Thomas: Extract from Summa, 
 
 Articles of the League, 
 
 Averroists : Description of, 
 
 z.4vignon: Papal Court at, 
 
 Bamberg: Witch-penecution at. 
 
 Battle Abbey: Manor belonging to, 
 
 Bernehorne: Extent of. 
 
 Bibliography , Select: for Witch-persecutions, 
 
 Bibliography , Select: for Pre-reformation Period, 
 
 Bonn: IVitch-persecution at. 
 
 Bull Clericis Laicos, 
 
 Bull Summis desiderantes, 1484, 
 
 Bull Unar/i Sanctam-, 
 
 Calvin: Extract from Institutes, 
 
 Capitulary De Villis : Articles from. 
 
 Capture of Zara: Fourth Crusade, 
 
 III. 
 
 2. 
 
 VI. 
 
 2. 
 
 I. 
 
 6. 
 
 VI. 
 
 7- 
 
 I. 
 
 //. 
 
 I. 
 
 8. 
 
 V. 
 
 4. 
 
 VI. 
 
 16. 
 
 III. 
 
 28. 
 
 VI. 
 
 9- 
 
 ^^I. 26, 
 
 ,28. 
 
 IV. 
 
 23. 
 
 V. 
 
 8. 
 
 V. 
 
 8. 
 
 IV. 
 
 36. 
 
 VI. 
 
 ii- 
 
 IV. 
 
 18. 
 
 VI. 
 
 21. 
 
 IV. 
 
 7- 
 
 VI. 
 
 19. 
 
 III. 
 
 7- 
 
 II. 
 
 2. 
 
 I. 
 
 6. 
 
CONTENTS. 
 
 Catechism, Genevan, of 1^41: Extract regarding the Eu- 
 charist, 
 Charles K: Library at San Yuste, 
 Charles V,: Speech at Brussels, 
 Charles the Great: Articles from Capitulary of 
 Charles the Great: Inventory of Estate of 
 Chingford: Manor-house at, 
 Church and State : Relations of, 
 Clemanges: Downfall of the Church, 
 Clericis Lai cos: Bull, 
 Coligny: Death of. 
 Colloquy of Poissy, 
 
 Compact of Crusaders with Venetians, 1201, 
 Compact of Venetians with Sultan of Babylon, 
 Compotus Roll of Cuxham, 
 
 Consistory: Decision of, in case of Heretical Practices, 
 Constance: Council of, 
 
 Constantinople: Diversion of Fourth Crusade to. 
 Council of Trent : French Propositions to, 
 Cressingham : Court Roll of. 
 Crusaders unable to pay Venetians, 
 Custumals of Manors, 
 Cuxham: Yearly Account of, 
 Davenport, F. G. : Bibliography by, 
 Defiance, Public: of Alexis by Crusaders, 
 Decree Frequens, 
 Decree Sacrosanct a. 
 Difficulties of Crusaders with Alexis, 
 Discussion of Crusaders after arrival of Alexis, 
 
 III. 
 
 8. 
 
 III. 
 
 4' 
 
 III. 
 
 2. 
 
 II. 
 
 2. 
 
 II. 
 
 4' 
 
 V. 
 
 3f' 
 
 VI. 
 
 18. 
 
 VI. 
 
 28. 
 
 VI. 
 
 21, 
 
 III. 
 
 24. 
 
 III. 
 
 2J. 
 
 I. 
 
 2. 
 
 I. 
 
 4, 
 
 V. 
 
 14. 
 
 III. 
 
 7- 
 
 VI. 
 
 23. 
 
 I. 
 
 8. 
 
 III. 
 
 19. 
 
 V. 
 
 20, 
 
 I. 
 
 4- 
 
 V. 
 
 3- 
 
 V. 
 
 14- 
 
 V. 
 
 32, 
 
 I. 
 
 II. 
 
 VI. 
 
 3^' 
 
 VI. 
 
 30. 
 
 I. 
 
 II. 
 
 I. 
 
 to. 
 
CONTENTS. 
 
 Diversion of Fourth Crusade to Constantinople, 
 Diversion of Fourth Crusade to Zara, 
 Doge's Threat to Alexis, 
 
 Domesday Book: Extract from, County of Norfolk, 
 Domesday Manor, 
 
 Domesday Returns: Instructions for Collection of. 
 Downfall of the Church, by Clemanges, 
 Durham: Halmote Courts of. 
 Duty of Persecution, 
 
 Ecclesiastical Ordinances of i^6i : Extracts, 
 Edict of Nantes : Extracts from, 
 Eucharist: Extract from Genevan Catechism of 1^41, 
 Extent of Alwalton, 
 Extents of Manors, 
 
 Fifteenth Century: Witch-persecution in earlier. 
 Gold of the Indies, i ^^9, 
 Golias the Bisshoppe, 
 Halmote Court Rolls, 
 Hecham : Manor of. 
 Heresy in i^th and 14th Centuries, 
 Heretical Practices: Decision of Gemvan Consistory re- 
 garding, 
 Heretics: Rules against, in Sicily, 
 Hundred Rolls: Extract from. 
 
 Innocent III.: Attitude of, after Capture of Constantinople, 
 Innocent l^IIL: His Witch-bull, 
 Inquisition for Heresy, 
 
 Institutes, Calvin's : Extract defining Predestination, 
 Inventory of Estate of Charles the Great, 
 
 I. 
 
 8. 
 
 I. 
 
 6, 
 
 I. 
 
 12, 
 
 II. 
 
 6. 
 
 V. 
 
 3- 
 
 II. 
 
 6, 
 
 VI. 
 
 28. 
 
 V. 
 
 24. 
 
 IV. 
 
 5. 
 
 III. 
 
 //. 
 
 III. 
 
 30. 
 
 III. 
 
 8. 
 
 V. 
 
 4- 
 
 V. 
 
 3- 
 
 IV. 
 
 6. 
 
 III. 
 
 5- 
 
 VI. 
 
 2, 
 
 V. 
 
 24. 
 
 V. 
 
 3- 
 
 VI. 
 
 6. 
 
 III. 
 
 9. 
 
 VI. 
 
 10. 
 
 V. 
 
 4- 
 
 I. 
 
 20. 
 
 IV. 
 
 7. 
 
 VI. 
 
 14. 
 
 III. 
 
 7- 
 
 II. 
 
 4' 
 
11. 
 
 ig. 
 
 III. 
 
 26. 
 
 II. 
 
 8. 
 
 III. 
 
 4- 
 
 VI. 
 
 M- 
 
 IV. 
 
 n- 
 
 IV. 
 
 14. 
 
 VI. 
 
 6. 
 
 IV. 
 
 IQ. 
 
 V. 
 
 20. 
 
 V. 
 
 3^' 
 
 V. 
 
 3- 
 
 VI. 
 
 2. 
 
 CONTENTS. 
 
 -- Jerusalem: Kingdom of, Taxes in, 
 League: Articles of the. 
 Levy of Troops for Wars in Bohemia, 1422, 
 Library of Charles V., at San Yuste, 
 Licet Juris: Law, 
 
 Linden: Witch-persecution at Trier, 
 Loos: Recantation of, 
 LukeofTuy: Story from. 
 Malleus Maleficarum, 
 Manor Court Rolls, 
 Manor-house : Description of. 
 Manorial Extents, 
 Mapes, Walter, 
 
 Mather, Cotton: on Witchcraft, iv. 
 
 Methods of Witch-persecutions, iv. 30, 
 
 Mocenigo's Speech on Resources of Venice, 1421, 11. // 
 
 Nantes: Edict of. Extracts from.. 
 Nature and Reality of Witchcraft, 
 Nider: On the Witch-persecutions, 
 Ordinance: Ecclesiastical, of 1^61, Extracts, 
 Ordinances for Regulation of Churches, etc., 
 Patarins, 
 
 Payment made to Crusaders by Alexis, 
 People of France: General View of, i^^8, 
 Peterborough : Manor of 
 Petrarch: Description of Averroists by, 
 Petrarch: Description of Papal Court at Avignon, 
 Philip I. : Proposition to Crusaders made by. 
 Political Verses: French, of 1 6th Century, 
 
 III. 
 
 30- 
 
 IV. 
 
 2. 
 
 IV. 
 
 6. 
 
 III. 
 
 II. 
 
 III. 
 
 10. 
 
 VI. 
 
 10. 
 
 I. 
 
 II. 
 
 III. 
 
 16. 
 
 V. 
 
 4' 
 
 VI. 
 
 9' 
 
 VI. 
 
 26. 
 
 I. 
 
 9. 
 
 III. 
 
 28. 
 
CONTENTS. 
 
 Poissy: Colloquy of, 
 
 Power and Revenues of States of Europe, 142 — , 
 
 Predestination: Extract from Calvin's Institutes, 
 
 Preparations for the Fourth Crusade, 
 
 Propositions, French : to Council of Trent, 
 
 Regulation of Churches dependent upon the Signory of 
 
 Gemva: Select Ordinances, 
 Relaxation to Secular Arm : Form of. 
 Relics, List of: stolen by Abbot Martin, 
 Rentals of Manors, 
 Resources of l^enice, 1421, 
 Revenues of the King of Spain, i^^g, 
 Sachsenspiegel : Extract from, 
 Sack of Constantinople by Crusaders, 
 St. Louis : Edict of against Heretics, 
 St. Louis: Extract from Etablissements, 
 Schwabenspiegel : Extract from. 
 Scope of the Persecution, 
 Scotland: Witch-persecution in. 
 Sermons before Attach on Constantinople, 
 Servetus : Complaint against, 
 Soriano, Giovanni: Report to Venetian Government on 
 
 Condition of France, 
 Soriano, Michele: Extracts from the Vemtian Relaiioni, 
 Spain : Revenue of the King, 
 Spec, F. von: On Witch-persecutions,- 
 Speech of Charles V. at Brussels, 
 Summa ofTloomas Aquinas: Extract from, 
 Summis desiderantes : Bull, 
 
 III. 
 
 2i. 
 
 II. 
 
 14. 
 
 III. 
 
 7' 
 
 I. 
 
 2. 
 
 III. 
 
 19. 
 
 III. 
 
 10. 
 
 VI. 
 
 J5' 
 
 I. 
 
 18. 
 
 V. 
 
 3- 
 
 II. 
 
 II. 
 
 III. 
 
 6. 
 
 VI. 
 
 ^3- 
 
 I. 
 
 14. 
 
 VI. 
 
 14. 
 
 VI. 
 
 14. 
 
 VI. 
 
 ^3- 
 
 IV. 
 
 ^3- 
 
 IV. 
 
 19. 
 
 I. 
 
 14. 
 
 III. 
 
 n- 
 
 III. 
 
 16. 
 
 III. 
 
 5' 
 
 III. 
 
 6. 
 
 IV. 
 
 30. 
 
 III. 
 
 2. 
 
 VI. 
 
 16. 
 
 IV. 
 
 7. 
 
CONTENTS. 
 
 Taxes in Kingdom of Jerusalem, 
 
 Theft of Relics by Abbot Martin, at Constantinople, 
 
 Thou, J. A. de: Description of Death of Coligny, 
 
 Trent: Council of, French Propositions to. 
 
 Trier (Treves): Witch-persecution at, 
 
 Unam Sanctam : Bull, 
 
 Ve'netians: Campacts made by, 
 
 Venice: Resources of, 1421, 
 
 Verses: French Political, of 1 6th Century, 
 
 Villein : Manumission of, 
 
 Villis, De: Capitulary, 
 
 Vrie: History of Council of Constance, 
 
 Werminton : Manor of. 
 
 Witch-bull of 1484, 
 
 Witch-craft : Nature aud Reality of, 
 
 Witch-Hammer, 
 
 Witch-persecution at Bamberg, 
 
 Witch-persecution at Bonn, 
 
 Witch-persecution at Trier, 
 
 Witch-persecution at Wur:{burg, 
 
 Witch-persecution in Scotland, 
 
 Wuriburg : Witch-persecution at, 
 
 Zara : Capture of, in Fourth Crusade, 
 
 Zara : Diversion of Fourth Crusade to. 
 
 II. 
 
 19. 
 
 I. 
 
 n- 
 
 III. 
 
 24, 
 
 III. 
 
 19. 
 
 IV. 
 
 n- 
 
 VI. 
 
 19. 
 
 I. 
 
 2,4' 
 
 II. 
 
 II. 
 
 III. 
 
 28. 
 
 V. 
 
 3^' 
 
 II. 
 
 2. 
 
 VI. 
 
 28. 
 
 V. 
 
 4- 
 
 IV. 
 
 7- 
 
 IV. 
 
 2. 
 
 IV. 
 
 10. 
 
 IV. 
 
 ^3- 
 
 IV. 
 
 18. 
 
 IV. 
 
 ^3- 
 
 IV. 
 
 28. 
 
 IV. 
 
 19. 
 
 IV. 
 
 28. 
 
 I. 
 
 6. 
 
 I. 
 
 6. 
 
Translations and Reprints 
 
 FROM THE 
 
 ORIGINAL SOURCES OF EUROPEAN HISTORY. 
 
 Vor,. III. The Fourth Crusade. No. i. 
 
 TABLE OF CONTENTS. 
 
 PAGB 
 
 I. The Preparations for the Crusade. 
 
 1. The Compact with the Venetians, 2 
 
 2. The Compact of the Venetians with the Sultan of 
 
 Babylon, 4 
 
 3. The Crusaders are unable to pay the Venetians, . . 4 
 
 II. The Diversion to Zara. 
 
 1. The new Agreement with the Venetians, 6 
 
 2. The Capture of Zara, 6 
 
 III. The Diversion to Constantinople. 
 
 1. The Summons to Alexis, 8 
 
 2. The proposition made by King Philip, 9 
 
 3. The Discussion after the Arrival of Alexis, 10 
 
 IV. The Difficulties with Alexis. 
 
 1. The first Payment, ii 
 
 2. The public Defiance, ii 
 
 3. The Doge's Threat, 12 
 
 V. The Sack of Constantinople. 
 
 1. The Sermons before the final Attack on Constanti- 
 
 nople, 14 
 
 2. The Compact of Division, 14 
 
 3. Account of the Sack, •••.,. 15 
 
 4. Abbot Martin's Theft of Relics, 17 
 
 5. List of Relics stolen by Abbot Martin, 18 
 
 i 
 
 VI. Attitude of Innocent III. 
 
 I. Innocent commands Crusaders to stay at Constanti- 
 nople, 20 
 
2 TRANSLATIONS AND REPHINTS. 
 
 I. THE PREPARATIONS FOR THE CRUSADE. 
 
 Taught by the experience of the other crusaders, the barons resolved to go by 
 sea. Venice was the city that seemed most able to furnish sufficient vessels. Accord- 
 ingly, Ville-Hardouin and five other embassadors were sent to make a bargain with 
 the Venetians. The official compact is given in full in Muratori Rerum 
 Italicarum Scriptores, vol xii, 323. The most important difference between that 
 and Ville-Hardouin's version is that, according to the compact, the expedition was 
 to start on St. Peter and St. Paul's day. 
 
 For the events preliminary to the crusade, as well as for all the matters con- 
 nected with it, consult Pears' excellent book, "The Fall of Constantinople." 
 
 The second extract relates to one of the most hotly debated subjects connected 
 with the crusade. Did Venice treacherously make a treaty with the sultan of 
 Egypt ? If she did, her conduct and the diversion of the crusade are more easily 
 explained. Pears, pp. 263 ff., believes such a treaty was made and quotes references 
 to support his view. But consult Wailly's very able discussion, pp. 431 ff<, in 
 which he brings out the difficulty in reconciling the dates and endeavors to show 
 that this V Estoire de Eracles is entirely untrustworthy. Consult also, Heyd J 
 Levanthandel, I, 292 ff. and 440 ff. 
 
 The third extract is self-explanatory. Ville-Hardouin and Robert de Clari are 
 the most important authorities for the fourth crusade. The first was one of the 
 leaders and gives us an official, " inspired " account. The second was one of the 
 poorer knights and is especially useful as he tells us what the bulk of the army 
 knew and thought, and enables us to check the statements of Ville-Hardouin. 
 
 I. The compact with the Venetians. 
 
 Ville-Hardouin : Couquete de Constantinople,^ ch. iv, v, vi. Nos. 18- 
 24, 30. Old French. 
 
 18. " Sire, we have come to you in behalf of the noble barons of 
 France who have taken the cross, in order to avenge the shame of Jesus 
 Christ and to reconquer Jerusalem, if God will permit. And because they 
 know no people who are as able to assist them, as you and your people, 
 they pray you, for God's sake, to pity the land of Outre^ner and the 
 shame of Jesus Christ, and to endeavor to furnish them transports and 
 ships of war." 
 
 19. " Under what conditions?" asked the doge. 
 
 " Under any conditions that you may propose or advise, if they are 
 able to fulfill them," replied the messengers. 
 
 "Certainly," replied the doge, [to his associates] "it is a great 
 undertaking that they have asked of us and they seem to be consider- 
 ing an important matter ;" [to the messengers] "we will give you an 
 
 Second edition of Wailly. 
 
COMrACT WITH THE VENETIANS. 3 
 
 ar.swer in a week, and do not wonder if the time seems long, for such a 
 great undertaking deserves much thought." 
 
 20. At the time fixed by the doge, they returned to tlie j)alace, I 
 can tell not you all that was said, but the conclusion of the conference was 
 as follows : 
 
 " My lords," said the doge, " we will tell you what we have decided, 
 if we can get the Grand Council and the people of the country to agree 
 to it ; and you shall decide whether you can fulfill your part. 
 
 21. "We will furnish huissiers^ for carrying 4,500 horses and 
 9,000 esquires, and vessels for 4,500 knights and 20,000 foot-soldiers. 
 The aofreement shall be to furnish food for nine months for all these 
 horses and men. That is the least that we will do, on condition that we 
 are paid four marks per horse and two marl^ per man. 
 
 22. " And we will observe all these conditions which we explain to 
 you, for one year beginning the day we leave the harbor of Venice to 
 fight in the service of God and of Christianity, wherever we may go. 
 The sum of these payments indicated above amounts to 85,000 marks. ^ 
 
 23. " And we will do still more : we will add fifty armed galleys, 
 for the love of God ; on the condition that as long as our alliance shall 
 last, of every conquest of land or money that we make, by sea or land, 
 we shall have one half and you the other. Now deliberate whether you 
 can fulfill these conditions." 
 
 24. The messengers went away, saying that they would talk it 
 over and reply the next day. They consulted and discussed that night 
 and then resolved to agree to it. The next day they went to the doge 
 and said: "Sire, we are ready to make this agreement." The doge 
 said that he would speak to his people and tell them the result. 
 
 30. It was explained in council that they would go to Babylon, ^ 
 because at Babylon they could do more injury to the Turks than any- 
 where else. And in public it was announced that they would go across 
 the sea. It was then Lent [March, 1201], and on St. Johns day the 
 following year, the 1202nd year after the Incarnation of Jesus Christ, 
 
 ^ Huissiers were vessels having a door, htiis, in the stern, which could be 
 opened so as to take in the horses. See Archer : Crusade of Richard I, p. 49, 
 note and p. 57, note. 
 
 '^ According to Wailly, p. 452, this sum would be equal to 4,420,000 francs 
 in silver. 
 
 '^ Cairo. 
 
4 TRANSLATIONS AND REPRINTS. 
 
 the barons and pilgrims were to be at Venice and the vessels were to be 
 ready on their arrival. 
 
 2. Compact of the Venetians zvith the sultan of Babylon. 
 L'Estoire de Eracles Empereur, xxviii, 2 in Rccueil des historiens des 
 
 Croisades, hist. occ. II, 251-252. Old French. 
 
 [Anno 1199?] After this he [the sultan of Babylon] summoned 
 messengers and servants and sent them to Venice, loaded with great 
 wealth and great riches. He sent them to the doge and gave beautiful 
 presents to the Venetians, and connnanded the latter, if they could avoid 
 it, not to come to the land of Egypt ; he would give them great treasures 
 and many privileges in the port of Alexandria. The messengers went to 
 Venice, did as they were commanded, and returned as quickly as 
 possible. 
 
 3. The crusaders are nnable to pay the Venetians. 
 
 Robert de Clari : La Prise de Constantinople, xi and xii, in Hopf : 
 Chroniques Greco- Romanes, pp. 7-9. Old French, 
 
 XI. . . . . While the pilgrims were staying on 
 
 the island of St. Nicholas.^ the doge of Venice and the Venetians went 
 to speak to them and demanded the pay for the navy v/hich had been 
 prepared. And the doge said to them that they had acted wrongly in 
 commanding through their messengers that vessels should be prepared 
 for 4,000 knights and their equipment, and for 100,000 foot-soldiers. 
 Of these 4,000 knights, there were not more than 1,000 present, for the 
 others had gone to other ports. And of these 100,000 foot-soldiers there 
 were not more than 50,000 or 60,000. "But," said the doge, "we 
 want you to pay us the sum which you promised." When the crusaders, 
 heard this, they debated and arranged that each knight should pay four 
 marks and four marks for each horse, and each esquire two marks ; and 
 those who paid less, should pay one mark. When they collected this 
 money, they paid it to the Venetians. But 50,000 marks still remained 
 due. 
 
 When the doge and the Venetians saw that the pilgrims had not 
 paid more, they were all so incensed that the doge said to the pilgrims : 
 "My lords, you have imposed upon us shamefully. For, as soon as your 
 messengers had made the agreement with me and my people, I issued 
 orders throughout my whole land that no merchant should undertake a 
 
 The Eido. 
 
THE CRUSADERS AHJ: UNARLE TO PAY. 5 
 
 voyage, but all were to aid iii preparing this fleet. They have been 
 waiting ever since and have gained nothing for the last year and a half; 
 and, accordingly, they have lost much. Therefore my men and I want 
 you to pay us the money which you owe us. If you do not pay us, you 
 shall not leave this island before we get our money ; and no one shall 
 bring you anything to eat or drink ;" But the doge was a very excel- 
 lent man and did not prevent the people from bringing enough food and 
 drink. 
 
 XIL When the count and the crusaders heard w^hat the doge said, 
 they were much troubled and grieved. They made another collection 
 and borrowed all the money they could from those who were thought to 
 have any. They paid it all to the Venetians, but after this payment 
 36,000 marks still remained due. They said to the Venetians that they 
 had been imposed upon ; that the army was greatly impoverished by 
 this last collection ; that they could not pay any more money at all, for 
 they had hardly enough to support the army. 
 
 When the doge perceived that they could not pay all the money 
 and that they were in sore straits, he said to his people : "Sirs, if we let 
 these people go back to their own country, we shall always be considered 
 base and tricky. Let us go to them and say that, if they are willing to 
 pay us the 36,000 marks which they owe us, out of their part of the first 
 conquests which we make, we will carry them across the sea." The 
 Venetians were well pleased with the doge's proposition. Accord- 
 ingly, they w^ent to the camp of the pilgrims. When they came thither, 
 the doge said to the crusaders : " Sires, we have agreed, I and my people, 
 that if you are willing to guarantee faithfully to pay us the 36,000 
 marks, which you owe us, out of your share of the fii*st conquests, we 
 will carry you across the sea." 
 
 When the crusaders heard what the doge proposed they were very 
 glad and fell at his feet for joy. They very willingly bound themselves 
 faithfully to do what the doge had proposed. They were so joyous that 
 night that there was no one so poor that he did not make a great illum- 
 ination, and each one carried great torches made of candles on the end 
 of his lance, both outside of the camp and inside, so that the whole army 
 seemed intoxicated. 
 
6 TRANSLATIONS AND REPRINTS. 
 
 II. THE DIVERSION TO ZARA. 
 According to Robert de Clari, there v/ere two separate propositions made by 
 the doge ; the one, given above, which was received so joyfully, and a second, 
 given below, which was kept secret. Ville-Hardouin would have us understand 
 that there was but one proposition, namely, to capture Zara. In fact, the official 
 account given by Ville-Hardouin differs in many respect from the non-official ver- 
 sions of Robert, Gunther, and others, Gunther, ch. vi, describes how unwilling 
 many were to go to Zara. The pope, who had learned something of the plan, pro- 
 tested vigorously against an attack on a Christian city. We see clearly from 
 Ville-Hardouin's own account, given in the second extract, that there were many 
 in the army opposed to the plan. 
 
 I. The new agreement with the Venetians. 
 
 Robert de Clari, xiii, in Hopf : Chroniques, p. 9. Old French. 
 
 Afterwards the doge came to the army and said ; " Sirs, it is now 
 winter, we cannot cross the sea, nor does this depend upon me. For I 
 would have had you cross alread}^, if it had not depended upon you. 
 But let us do the best we can. There is a city near here, named Zara. 
 The people of this city have done us much evil, and I and my men want 
 to punish them, if we can. If you will take my advice, we will go there 
 this winter and stay until Easter. Then we will make ready our navy 
 and go to Outre-mer on Lady-day. The city of Zara is very rich and 
 well supplied with ail kinds of provisions." The barons and the nobles 
 among the crusaders agreed to what the doge proposed. But no one in 
 the army knew this plan, except the leaders. 
 
 2. The capture of Zara. 
 
 Ville-Hardouin, ch. xvii-xviii, Nos. So-84, 86. Old French. 
 
 80. The day after the feast of St. Martin,^ some people from Zara 
 came to speak to the doge of Venice, who was in his tent. They said to 
 him that they would surrender the city and all their property to his 
 mercy, if their lives were spared. The doge said that he would not 
 accept these or any other conditions without the advise of the counts and 
 barons, and that he would go and discuss the matter with them. 
 
 81. While he went to talk to the counts and barons, that party, 
 of which I have already spoken, who wanted to break up the army, said 
 to the messengers : " Why do you want to surrender your city ? The 
 
 Nov. 12, 1202. 
 
THE CAPTURE OF ZARA. 7 
 
 pilgrims will not attack you and you have nothing to fear from them. 
 If you can defend yourselves against the Venetians, you need have no 
 anxiety." And they sent one of them, named Robert de Boves, who 
 went to the walls of the city and announced the same thing. So the mes- 
 sengers returned to the city and the plan of surrender was given up. 
 
 82. The doge of Venice, when he came to the counts and barons, 
 said to them : " Sirs, the people yonder want to surrender the city to my 
 mercy, on condition that their lives are spared. But I will not make 
 this agreement or any other wdthout your advice." The barons replied : 
 " Sire, we advise you to make this agreement and we pray you to do so." 
 He said that he would, and they all went back together to the doge's 
 tent to make this agreement. They found that the messengers had gone 
 aw^ay, following the advice of those who wanted to break up the army. 
 
 83. Then the abbot of Vaux of the order of Citeaux rose and 
 said to them : " Sirs, I forbid you, in the name of the pope of Rome, 
 to attack this city ; for the inhabitants are Christians and you are pil- 
 grims." When the doge heard this he was much irritated and troubled. 
 He said to the counts and barons : " Sirs, this city was practically in my 
 power, and your people have taken it from me, you had promised that 
 you would aid me in conquering it ; now I require you to do so." 
 
 84. Then the counts and barons and those who belonged to their 
 party held a conference and said : " Those who have prevented this 
 agreement have committed a very great outrage, and it was not right 
 for them to try to break up the army. Now we shall be disgraced, if 
 we do not aid in capturing the city." They went to the doge and said 
 
 to him: "Sire, we will aid you in capturing the city, in spite of those » 
 who wish to prevent it." 
 
 86. Accordingly the city was surrendered to the mercy of the 
 doge of Venice, on condition that the lives of the inhabitants should be 
 spared. Then the doge went to the counts and barons and said to them : 
 " vSirs, we have conquered this city, by the grace of God and through 
 your aid. It is now winter and we can not leave here until Easter. For 
 we should find no provisions elsewhere ; and this city is very rich and 
 very well supplied with everything needful. Let us divide it accord- 
 ingly into two parts ; we will take one half of it and you the other half." 
 
8 TRANSLATIONS AND REFRINTS. 
 
 III. THE DIVERSION TO CONSTANTINOPLE. 
 
 Pears, in his preface and on pp. 267 ff., discusses the causes of the diversion and 
 gives the most important references. But as he has formed his own conclusions 
 and argues for his own belief, consult also 
 
 Tessier : La Diversion sur Zara et Constantinople. Paris, 1884, 
 
 Streit : Venedig und die Wendung des vierten Kreuzzuges gegen Constan- 
 
 tinopel. Anklam, 1877. 
 Winkelmann : Philip von Schwaben und Otto IV. von Braunschweig, Vol. I, 
 Leipzig, 1873. (Jahrbiicher der deutschen Geschichte). 
 
 I. The summons to Alexis. 
 
 Robert de Clari, xvi-xvii, in Hopf : Chrpniques, pp. 11-12. Old French. 
 
 XVI. In the meantime the crusaders and the Venetians remained 
 at Zara during the winter. They considered how great the expense had 
 been and said tq one another that they could not go to Babylon or 
 Alexandria or Syria ; for they had neither provisions nor money for the 
 journey. They had already used up everything they had, either during 
 the sojourn that they had made or in the great price that they had paid 
 for the vessels. They said that they could not go and, even if they 
 should go, they would accomplish nothing ; they had neither provisions 
 nor money sufficient to support them. 
 
 XVII. The doge of Venice saw clearly that the pilgrims were 
 ill at ease. He addressed them, saying: "Sirs, Greece is a very rich 
 land and bountifully supplied with everything. If we can find a suf- 
 ficient excuse for going there and taking food and other things, so as to 
 recuperate ourselves, it would seem to me advisable, and then we could 
 easily go across the sea." Then the marquis^ rose and said: "Sir, I 
 was in Germany at the emperor's^ court last Christmas. There I saw 
 a young man who was the emperor's brother-in-law. ^ This young man 
 was the son of the emperor Kyrsac^ of Constantinople, from whom his 
 brother had taken the empire of Constantinople by treason. Whoever 
 could get this young man," said the marquis, "could certainly go to the 
 land of Constantinople and take' provisions and other things ; for this 
 young man is the rightful heir." 
 
 ^ Boniface, marquis of Montferrat, the leader of the crusaders, 
 
 2 Philip of Suabia. 
 
 ^ Alexis IV, brother of the queen Irene. 
 
 * Isaac (II) Angelos. 
 
2. The proposition made by kiuf^ Philip. 
 
 Ville-Haixlouin, cIk xi.\-.\x. Nos> 91-99. Old French. 
 
 91 '' My lords, king Philip sends us to 
 
 you and also sends the son of the eni}:)eror of Constantinople, who is his 
 wile's brother. 
 
 92. "My lords, says the king, I shall send you my wife's brother; 
 I place him in the hands of God (may He preserve him from death \)., 
 and in your hands. Since you are fighting for God, for the right and 
 for justice, you ought, if it lies in your power, to restore to their inherit- 
 ance those who have been wrongfully disposessed. He [Alexis] will 
 make with you the best agreement which has ever been made by any 
 one and he will give you the most powerful aid in conquering the land 
 of Ovfre-mer. 
 
 93. "In the fii-st place, if God permits you to restore him to hi> 
 inheritance, he will put all the empire of Romania under the o))edience 
 of Rome, from which it has been se})a rated for a long time. In the 
 .second place, he knows that you have spent your property and that you 
 are poor ; he will give you 200,000 marks of silver and provisions for 
 all the membei-s of the army, hund)le and .nol)le. He will himself go 
 with yon to the land of Babylon or will send thither with .you (if you 
 think it better) 10.000 men at his expense. This service he will per- 
 form for you during one ye^r. And so long as he lives, he will maintain 
 at bts own expense 500 knights in the land of Outre-mer, to guard 
 the land. ^ 
 
 94. "My lords, we have full |)ower," said the messengei-s, "to make 
 this agreement, if you wish to do so. And be sure that such a fine offer 
 was never made to any one, and he who refuses this can have no great 
 desire to conquer." The leaders said that they would discuss the matter 
 and an assembly was appointed for the next day. When the host had 
 assembled this offer was presented to them. 
 
 95. There it was hotly discussed, "pro and cx>n." The abbot of 
 Vaux of the order of Citeaux and the party that wanted to break up 
 the army said that they would not agree to it ; that it was fighting 
 against Christians ; that they had not set out for this purpose, but they 
 wanted to go to Syria. 
 
 ^ For other terms oftered, omitted by Ville-Hardouin, see Pears, 2S1 
 p, II, below. 
 
lO TRANSLATIONS AND REPRINTS, 
 
 96. The other party replied : " Good sirs, iu Syria you can do 
 nothing, you can see that clearly from those who have left us and gone 
 to other ports. You know that it is through the land of Babylon or 
 through Greece that the laud of Outre-mer will be reconquered, if it is 
 ever recovered. If we refuse this offer, we shall always be ashamed." 
 
 97. The army was in discord just as you have heard. And do 
 not wonder that the laymen could not agree ; for the white monks of the 
 order of Citeaux in the army were also in discord. The abbot of Loos, 
 who was a very holy and excellent man, and the other abbots who 
 agreed with him, preached to the people and cried out to them to have 
 mercy, saying that, for God's sake, they ought to keep the army together 
 and to make this agreement; "for it is the best means of recovering the 
 land of Outre-mer. ^^ And the abbot of Vaux in his turn, and those who 
 agreed with him, preached very frequently and said that that was all 
 wrong ; that they ought to go to the laud of Syria and do what they 
 could. 
 
 98. Then the marquis Boniface of Montferrat, Baldwin, count of 
 Flanders and Hainaut, count Louis and count Hugh of St. Pol and 
 those who belonged to their party, went and said that they would 
 make this agreement ; for they whould be ashamed to refuse it. So they 
 went to the doge's lodging and the messengers were summoned. They 
 concluded the agreement, just as you have heard it above, by their 
 oaths and by sealed compacts. 
 
 99. And in regard to this matter, the book tells you that there 
 were only twelve of the French who made the oaths ; and they could 
 not get any more. Of these, the first was the marquis of Montferrat, 
 count Baldwin of Flanders, count Louis of Blois and Chartres, the 
 count of St. Pol, and eight others who agreed with them. So the 
 compact was made, the securities given, and the time fixed when the heir 
 of Gonstantinople should come ; it was to be a fortnight after Easter. 
 
 3. Vlie discussion after the arrival of Alexis. 
 
 Roljert de Clari, xxxiii, in Hopf : Chroniques, p. 24. Old French. 
 
 Then all the barons of the army and the Venetians were summoned. 
 When they had all assembled, the doge of Venice rose and said to them : 
 ** My lords, we have now a sufficieut excuse for going to Constantinople, 
 if you think it wise, for we have the lawful heir." Now some who 
 did not want t^ go to Constantinople, spoke thus ; "Bah! what are we 
 going to do at Constantinople? We have our pilgrimage to make and 
 
THE DIFFICULTIES WITH ALEXIS. II 
 
 intend to go to Babylon or Alexandria. Our ships are only rented for 
 one year and half the year is already over." 
 
 The others said in reply : "What are we going to do at Babylon or 
 Alexandria, since we have neither provisions nor money enough to go ? 
 It is better to go where we have a sufficient excuse for obtaining money 
 and provisions by conquest, than to go where we shall die of hunger. 
 Then we can do it, and he offers to go with us and to pay for our ships 
 and our navy another year at his ow^n expense." And the marquis of 
 Montferrat did all in his power to urge our going to Constantinople, 
 because he wished to take vengeance for a wrong which the emperor of 
 Constantinople had done him. 
 
 IV. THE DIFFICULTIES WITH ALEXIS. 
 It had been very easy for Alexis in exile to make great promises. When his 
 father was replaced on the throne and he himself was crowned co-eraperor they 
 fonnd it absolutely impossible to fulfill the conditions which Alexis had offered, 
 and to which Isaac had been obliged to agree. The extracts explain themselves. 
 
 1. The first payment. 
 
 Robert de Clari, Ivi, in Hopf : Chroniques, pp. 46-47. Old French. 
 
 Afterwards all the barons assembled one day at the palace of the 
 emperor and demanded of him ^ their pay. He replied that he would 
 pay them, but he wished first to be crowned. Accordingly they made 
 preparations and set a day for the coronation. On that day he was 
 crowned emperor with due ceremony, with the consent of his father, who 
 willingly granted it. After he had been crowned the barons demanded 
 their pay. He said he would very willingly pay what he could and at 
 that time he paid 100,000 marks. Of this sum the Venetians received 
 one-half; for they were to receive one-half of the conquests. Of the 
 50,000 which remained, 86,000, which the Franks still owed for the ves- 
 sels, were paid to the Venetians. And all those who had advanced 
 money to pay for the passage, w^ere repaid out of the 14,000 marks which 
 the pilgrims had left. 
 
 2. The public defiance. 
 
 Ville-Hardouin, ch. xlvi, Nos. 212-215. ^^^ French. 
 
 ^ . 212. They dismounted from their horses at the gate, entered the 
 palace and found the emperor Alexis and the emperor Isaac, his father, 
 
 Alexis. The crusaders rarely speak of Isaac as emperor. 
 
12 TRANSLATIONS AND REPRINTS. 
 
 seated upon two thrones, side by side. Near them was seated the 
 empress, who was the father's wife, the son's step-mother, and the sister 
 of the king of Hungary ; a beautiful and good lady. A great number 
 of nobles were with them ; and it certainl}^ seemed the court of a rich 
 prince. 
 
 213. According to the agreement with the other messengers,^ 
 Conon of Bethune, who was very rich and very eloquent, spoke : " Sire, 
 we have been sent to you by the barons of the army and by the doge of 
 Venice. Know that they reproach you because of the great service 
 which they have done you, which everybody knows and which is appar- 
 ent to you. You have sworn to them, you and your father, to keep 
 the agreement that you have made with them ; and they have your 
 written compact. You have not kept your agreement with them, as 
 you ought. 
 
 214. " They have summoned you many times, and we summon 
 you in their name, before all your barons, to keep the agreement wliicli 
 you have made with them. If you do so, all will be well ; if you do 
 not keep it, know that in the future they will consider you neither as 
 lord nor as friend ; but they will try to get their rights in any way they 
 can. They announce to you that they would injure neither you, nor 
 anyone else, before the defiance ; for they have never acted treasonably, 
 and in their country it is not the custom to do so. You have heard 
 what we have said to you and you can do as you please." 
 
 215. The Greeks marveled much at this defiance and great insult. 
 They said that no one had ever been so bold before as to defy the 
 emperor of Constantinople in his own halls. The emperor Alexis 
 looked savagely at the messengers, and so did all the Greeks, though- 
 they had on many occasions in the past looked very friendly. 
 
 3. The doge's threat. 
 
 Robert de Clari, lix, in Hopf : Chroniques, pp. 48-49. Old French. 
 
 At these words the barons left the palace and returned to their camp. 
 After returning they deliberated upon the course to follow. Meanwhile 
 they sent two knights to the emperor and demanded again that he should 
 pay them. He replied to the messengers that he would pay nothirig, 
 that he had already paid too much, and that he was not afraid of any- 
 one. He also commanded them to go away and leave his land ; they 
 were to understand that if they did not depart, he would injure them. 
 Then the messengers went back and told the barons the emperor's? 
 
 ^ Ville-Hardouin was one of the messengers. 
 
THE SACK OF CONSTANTINOPLE. 1 3 
 
 reply. When the barons heard this, they deliberated as to what they 
 should do. Tl^e doge said that he wanted to speak to the eniperor. 
 
 He sent a messenger to deinand that the eniperor should come to 
 the harbor to speak to him. The emperor went on horseback. The 
 doge prepared four armed galleys ; he went in one and took the other 
 three for protection. When he was near the shore he saw the 
 emperor who had come on horseback. He addressed the latter as 
 follows: "Alexis, what do you think you are going to do? Remem- 
 ber we have raised you from a very humble estate. We have made 
 you lord and crowned you emperor. Will you not keep your agree- 
 ment wdth us and will you not do more?" "No," replied the emperor, 
 *' I will not do anything more." "No ?" said the doge," wretched boy, 
 we have raised you from the mire,^ and we will throw you into the 
 mire again ; and be sure that I will do you all the injury that I can, 
 from this time on." 
 
 V. THE SACK OF CONSTANTINOPLE. 
 
 In spite of the previous dissensions, the crusaders were practically compelled 
 to act as a unit in the final attack on Constantinople. Some of those who had been 
 most opposed to the diverson of the expedition, had left the army. The argument 
 ;employed by the bishops in the first extract seeitns to have removed doubts still lin- 
 gering in the minds of many. 
 
 The compact of (division was made before the capture pi the city, Ville-Har- 
 douin's account is followed because it is accurate and brief. The text is gixen in 
 Migne : Patrologia, Vol. 215, Col. 517-519, and is reprinted in Tessier : Diver- 
 sion sur Zara et Constantinople. For further particulars see Pears 337, etc. 
 
 The account of the sack, given by Nicetas, is not exaggerated, as is proved by 
 the letters of Innocent III (especially Bk. viii, Ep. 133), and the statement of many 
 other contemporaries ; see Riant: Exuviae sacrae Consta?itinopolitanae, 
 passim. We regret that we have not space for other extracts from Nicetas, such as 
 his account of hpw he saved his future bride when she was being carried off by a 
 crusader ; hjs description of the statues that were destroyed (Pears, p. 355, trans- 
 lates his account of Helen), and many other picturesque passages. Gibbon, Ch. 
 LX, can still be read with profit. Wilken : Geschichte der Kreuzzilge, Vol. V, 
 gives a long account of the destruction of the works of art, in the " Beylagen.''^ 
 References might be indefinitely multiplied, but Riant: Exuviae contain the most 
 important. 
 
 The last two extracts are added because they show so fully the feelings of the 
 age and give some indication of the immense quantity of relics brought from Con- 
 stantinople. 
 
 A coarse expression in the original. 
 
14 TRANSLATIONS AND REPRINTS. 
 
 1. The sermons before the final attack on Constantinople. 
 Robert de Clari, ch. Ixxii-lxxiii, in Hopf: Chroniques, pp. 57-58. Old 
 French. 
 
 LXXII. When the pilgrims saw this/ they were very angry 
 and grieved much ; they went back from the other side of the harbor 
 to their lodgings. When the barons had returned and gotten ashore, 
 they assembled and were much amazed, and said that it was on account 
 of their sins that they did not succeed in anything and could not capture 
 the city. Meanwhile the bishops and the clergy in the army debated 
 and decided that the war was a righteous one, and that they certainly 
 ought to attack the Greeks. For formerly the inhabitants of the city 
 had been obedient to the law of Rome and now they were disobedient, 
 since they said that the law of Rome was of no account, and called all 
 who believed in it " dogs." And the bishops said that for this reason 
 one ought certainly to attack them, and that it w^as not a sin but an act 
 of great charity. 
 
 LXXIII. Then it was announced to all the host that all the 
 Venetians and everyone else should go and hear the sermons on Sunday 
 morning f and they did so. Then the bishops preached to the army, 
 the bishop of Soissons, the bishop of Troyes, the bishop of Havestaist, ^ 
 master Jean Faicette, ^ and the abbot of Loos, and they showed to the 
 pilgrims that the war was a righteous one ; for the Greeks were traitors 
 and murderers, and also disloyal, since they had murdered their rightful 
 lord, and were worse than Jews. And the bishops said that, by the 
 authority of God and in the name of the pope, they w^ould absolve all 
 who attacked the Greeks. And the bishops commanded the pilgrims to 
 confess their sins and receive the communion devoutly ; and said that 
 they ought not to hesitate to attack the Greeks, for the latter were 
 enemies of God. They also commanded that all the evil women should 
 be sought out and sent away from the army to a distant place. This was 
 done ; the evil women were all put in a vessel and were sent very far 
 away from the army. 
 
 2. The compact of division. 
 
 Ville-IIardouin, ch. li, Nos. 234-235. Old French. 
 284. Then the members of the host debated and consulted upon 
 the best course to pursue. The discussion was long and stormy ; but 
 
 ' That the attack was repulsed. '^ Apr. ii, 1204. 
 
 •^ Halberstadt. ■" De Noyon, chancellor of Baldwin of Flanders. 
 
ACCOUNT OF THE SACK. . 15 
 
 the following was the result of the deliberation : If God granted that 
 they should capture the city, all the booty that was taken should be 
 brought together and divided fairly, as w^as fitting. And, if they 
 captured the city, six men should be chosen from the Franks ^ and six 
 from the Venetians ; these were to take oath upon relics that they would 
 elect as emperor him whom they should judge to be the m.ost useful for 
 the good of the land. And he whom they chose as emperor, should 
 have one quarter of all the conquests both in the city and outside ; and 
 in addition he should have the palace of the Lion's mouth and of 
 Blachern. The other three quarters §hould be divided into two parts, 
 one-half for the Venetians and one-half for the crusaders. Then twelve 
 from the wisest of the army of the pilgrims and twelve of the Venetians 
 should be chosen to divide the fiefs and the offices among the men and 
 to define the feudal service which each one owed to the emperor. 
 
 235. This compact was guaranteed and sworn to both by the 
 Franks and the Venetians, with the condition that any one who wished 
 could go away within one year from the end of March. Those who 
 remained in the country must perform the feudal service to the emperor, 
 as it might be arranged. Then the compact was made and sworn to, 
 and all who should not keep it, were excommunicated by the clergy. 
 
 3. Account of the sack. 
 
 Nicetas : Alexii Ducae Imperium, ch. iii-iv, in Receuil des historiens des 
 Croisades, hist. grec. I, 397. Greek. 
 
 3. . . . . How shall I begin to tell of the deeds 
 wrought by these nefarious men ! Alas, the images, which ought to 
 have been adored, were trodden under foot ! Alas, the relics of the 
 holy martyrs were thrown into unclean places ! Then was seen what 
 one shudders to hear, namely, the divine body and blood of Christ was 
 spilled upon the ground or thrown about. They snatched the precious 
 reliquaries, thrust into their bosoms the ornaments which these contained, 
 and used the broken remnants for pans and drinking-cups, — precursors 
 of Anti-christ, authors and heralds of his nefarious deeds, which we 
 momentarily expect. Manifestly, indeed, by that race then, just as 
 formerly, Christ was robbed and insulted and His garments were divided 
 by lot ; only one thing was lacking, that His side, pierced by a spear, 
 should pour rivers of divine blood on the ground. 
 
 1 A collective name for all the crusaders. 
 
1 6 . TRANSLATIONS AND RKPRINTS. 
 
 Nor can the violation of the Great Church ^ be listened to with 
 equanimity. For the sacred altar, formed of ail kinds of precious mate- 
 rials and admired by the whole world, was broken into bits and distrib- 
 uted amony the soldiers, as was all the other sacred wealth of so great 
 and infinite splendor. 
 
 When the sacred vases and utensils of unsurpassable art and grace 
 and rare material, and the fine silver, wrought with gold, which encircled 
 the screen of the tribunal and the ambo, of admirable workmanship, 
 and the door and many other ornaments, were to be borne away as booty, 
 mules and saddled horses were le^ to the very sanctuary of the temple. 
 Some of these, which were unable to keep their footing on the splendid 
 and slippery pavement, were stabbed when they fell, so that the saci-ed 
 pavement was polluted with blood and filth. 
 
 4. Nay more, a certain harlot, a sharer in their guilt, a minister 
 of the furies, a servant of the demons, a worker of incantations and 
 poisonings, insulting Christ, sat in the patriarch's seat, singing an obscene 
 song and dancing frequently. Nor, indeed, were these crimes committed 
 and others left undone, on the ground that these were of lesser guilt, the 
 others of greater. But with one consent all the most heinous sins and 
 and crimes were committed by all with equal zeal. Could those, who 
 showed so great madness against God Himself, have spared the honor- 
 able matrons and maidens or the virgins consecrated to God ? 
 
 Nothing was more difficult and laborious than to soften by prayers, 
 to render benevolent, these wrathful barbarians, vomiting forth bile a^t 
 every unpleasing word, so that nothing failed to inflame their fury. 
 Whoever attempted it was derided as insane and a man of intemperate 
 language. Often they drew their daggers against anyone who opposed 
 them at all, or hindered their demands. 
 
 No one was without a share in the grief. In the alleys, in the 
 streets, in the temples, complaints, weeping, lamentations, grief) the 
 groaning of men, the shrieks of women, wounds, rape, captivity, the 
 separation of those most closely united. Nobles wandered about ignom- 
 inously, those of venerable age in tears, the rich in poverty. Thus it 
 was in the streets, on the corners, in the temple, in the dens, for no place 
 remained unassailed or defended the suppliants. All places everywhere 
 were filled full of all kinds of crime. Oh, immortal God, how great 
 the afflictions of the men, how great the distress ! 
 
 ^ St. Sophia. 
 
ABBOT martin's J IIEFT OF RELICS. Ij 
 
 4. Abbot Martinis thefi of rein s. 
 
 Gunther : Historia Constantinopolitana, ch, xix, in Migne : Patrologia, 
 Vol. 212, col. 245-6. Latin. 
 
 While these victors were rapidly plundering the conquered city, 
 which was theirs by right of conquest, the abbot Martin l^egan to cogi- 
 tate about his own share of the booty, and lest he alone should remain 
 empty-hauded, while all ihe others became rich, he resolved to seize 
 upon plunder with his own sacred hands. But since he thought it not 
 meet to handle any booty of worldly things with those sacred hands, he 
 began to plan how he might secure some portion of the relics of the 
 saints, of which he knew there was a great quantity in the city. 
 
 Accordingly, haviug a presenliment of some great result, he took 
 with him one of his two chaplains and went to a church^ which was 
 held in great reverence because in it the mother ^ of the most famous 
 emperor ManueP had a nolde grave, which seemed of importance to the 
 Greeks but ours held for naught. There a very great amount of money 
 brought in from all the surrouuding country was stored, and also pre- 
 cious relics, which the vain hope of security had caused them to bring in 
 from the neighboring churches and mouaslories. Those, whom the 
 Greeks had driven out, had told us of this betbre the capture of the city. 
 When many pilgrims broke into this church and some were eagerly 
 engaged in stealing gold aud silver, others precious stones, Martin, 
 thinkiug it unbecoming to commit sacrilege except in a holy cause, 
 sought a more retired spot where the very sanctity of the place seemed 
 to promise that what he desired might be found. 
 
 There he found an aged man of agreeable countenance, having a long 
 and hoary beard, a priest, but very unlike our priests in his dress. 
 Thinking him a layman, the abbot, though inwardly calm, threatened 
 him with a very ferocious voice, saying: "Come, perfidious old man, 
 show me the most powerful relics you have, or you shall die immedi- 
 ately." The latter, terrified by the sound rather than the words, since 
 he heard but did not understand what was said, and knowing that 
 Martin could not speak Greek, began in the Romana lingua, of which 
 he knew a little, to entreat Martin and by soft words to turn away the 
 latter' s wrath, which in truth did not exist. In reply, the abbot suc- 
 
 The church of Pantokrator. 
 Irene, died 1124. 
 Manuel (I) Komnenos. 
 
1 8 TEANSLATIONS AND REPRINTS. 
 
 ceeded in getting out a few words of the same language, siifflcient to 
 make the old man understand what he w^anted. The latter, observing 
 Martin's face and dress, and thinking it niore tolerable that a religious 
 man should handle the sacred relics with fear and reverence, than that 
 w^orldly men should, perchance, pollute them with their worldly hands, 
 opened a chest bound Avith iron and showed the desired treasure, which 
 was more grateful and pleasing to Martin than all the royal wealth of 
 Greece. The abbot hastily and eagerly thrust in both hands and work- 
 ing quickly, filled with the fruits of the sacrilege both his own and his 
 chaplain's bosom. He wisely concealed what seemed the most valuable 
 and departed without opposition. 
 
 Moreover what and how worthy of veneration those relics were, is 
 told more fully later. ^ When he was hastening to his vessel, so stuffed 
 full, if I may use the expression, those who knew and loved him, saw him 
 from their ships as they were themselves hastening to the booty, and 
 inquired joyfully whether he had stolen anything, or with what he was 
 so loaded dow^n as he walked. With a joyful countenance, as always, 
 and with pleasant word^ he said : " We have done well." To which 
 they replied : " Thanks be to God." 
 
 5. List of relics stolen by abbot Martin. 
 
 Gunther, ch. xxiv, in Migne : Patrologia, Vol. 212, col. 253-4. Latin. 
 
 Therefore " Blessed be the Lord God, who only doeth wondrotis 
 things," who in His unspeakable kindness and mercy has looked upon 
 and made glorious His church at Paris ^ through certain gifts of His 
 grace, which He deigned to transmit to us through the venerable man, 
 already so frequently mentioned, abbot Martin. In the presence of 
 these the church exults and by their protection any soul faithful to God 
 is aided and assisted. In order that the readers' trust in these may be 
 strengthened, we have determined to give a partial list. 
 
 First, of the highest importance and worthy of all veneration, a 
 trace of the blood of our Lord Jesus Christ, which was shed for the 
 redemption of all mankind. 
 
 Second, a piece of the true cross on which the Son of the Father, the 
 new Adam, sacrificed for us, paid the debt of the old Adam. 
 
 Third, a fair-sized piece of St. John, the fore-runner of our Lord. 
 
 Fourth, the arm of St. James, the Apostle, whose memory is vener- 
 ated by the whole church. 
 
 ' See number 5. '^ In upper Elsass. 
 
^ HELICS STOLEN BY ABBOT MARTIN. 1 9 
 
 There were also fragniejits of the follovviDg saints : 
 
 Christopher, the martyr. 
 
 George, the martyr. 
 
 Theodore, the martyr. 
 
 The foot of St. Cosmas, the martyr. 
 
 Part of the head of Cyprian, the martyr. 
 
 Pautaleoii, the martyr. 
 
 A tooth of St. Lawrence. 
 
 Demetrius, the martyr. 
 
 Stephen, the first martyr. 
 
 Vincentiiis, Adjutns, IManritius and his companion. 
 
 Crisantius and Darius, the martyi*s. 
 
 Gervasius and Protasius, the martyrs. 
 
 Primus, the martyr. 
 
 Sergius and Bacchus, the martyrs. 
 
 Protus, the martyr. 
 
 John and Paul, the martyrs. 
 Also portions of the following : the place of the Nativity of our 
 Lord; Calvary; our Lord's sepulchre; the stone rolled away; the 
 place of our Lord's ascension : the stone on which John stood when he 
 baptized the Lord ; the spot where Christ raised Lazarus ; the stone on 
 w^hich Christ was presented in the temple ; the stone on which Jacob 
 slept ; the stone where Christ fasted ; the stone where Christ prayed : 
 the table on w^hich Christ ate the supper ; the place where he was 
 captured ; the place where the mother of our Lord died ; her grave ; 
 the grave of St. Peter, the apostle ; the relies of the holy apostles, Andrew 
 and Philip ; the place where the Lord gave the law to Moses ; the holv 
 patriarchs, Abraham, Isaac and Jacob ; St. Kicholas, the bishop ; 
 Agricius, the bishop ; John Chrysostom ; John, the almsgiver ; the Vir- 
 gin's milk ; Margaret, Perpetua, Agatha, Agnes, Lucia, Cecilia, Adel- 
 gundis and Euphemia, the virgins. 
 
 Written and sealed, in the year of our Lord's Incarnation, 1205, 
 in the reign of Philip, king of the Romans, Innocent the pope, presiding 
 over the holy Roman church, in the presence of Luthaldus of Basel and 
 Henry of Strassburg. 
 
20 TRANSLATIONS AND REPRINTS. 
 
 VI. ATTITUDE OF INNOCENT III. 
 
 This has given rise to much discussion. He was very anxious for a nevi^ cru- 
 sade and offered large privileges, (see Ville-IIardouin ch. I, No. 2). He wrote, 
 
 "If men perish, if the churches are weakened, if the poor are oppressed, all 
 
 this is of less consequence than the loss of Palestine. " ^ But he seems to have mis- 
 trusted the Venetians (see Gesta Inn. No. 84) and did not heartily approve of 
 the arrangements made. He felt very indignant at the capture of Zara ; '^Satan has 
 impelled you to turn your swords against a Christian people ;" "you have offered to 
 the devil the first fruits of 3'our pilgrimage." He excommunicated all who took 
 part in the capture and released the crusaders from the ban only under necessity. 
 The Venetians were still excommunicated. He commanded them not to go to Con- 
 stantinople and was extremely indignant at the first attack on that city. Even after 
 the final capture of Constantinople and the restoration of the Greek church to 
 obedience to Rome, he seems to have regretted the failure of the crusade. He con- 
 tinues his reproaches, although he seems to have believed that the divine Providence 
 had miraculously used the deeds of sinful men for its own good purpose. 
 We cannot wholly trust Pears' account. Consult also : 
 
 Hurter : Geschichte Pabst Innocenz III. und seiner Zeitgenossen. 4 vols. 
 Hamburg, 1 834- 1 842. 
 
 Tessier : La Diversion sur Zara et Constantinople. 
 
 I. Innocent commands criisaders to stay at Co?istantinopIe. 
 
 Epistolse Bk. viii, No. 63, in Tessier: Diversion etc., pp. 235-6. Latin. 
 
 To all the clergy aud people in the Christian army at CoDStantiuople. 
 
 If the Lord had granted the desires of His humble servants sooner, 
 and had transferred, as He has now done, the empire of Constantinople 
 from the Greeks to the Latins before the fall of the Holy Land, perhaps 
 Christianity would not be weeping to-day over the desolation of the land 
 of Jerusalem. Since, therefore, through the wonderful transference of 
 this empire God has deigned to open to you a way to recover that land, 
 and the detention of this may lead to the restoration of that, we advise 
 and exhort you all, and we enjoin upon you for the remission of your 
 sins, to remain for a year in Romania, in order to strengthen the empire 
 in its devotion to the Apostolic See and to us, and in order to retain it 
 in the power of the Latins ; and to give wise advise and efficient aid to 
 Baldwin, our most l)eloved son'in Christ, the illustrious emperor of Con- 
 stantinople; unless, perchance, your presence in the Holy Land should 
 be necessary before that time, in which case you ought to hasten to 
 guard it l)efore the year ehijjses. 
 Dated, . \ . .' 
 
 ' See Pears, 226. 
 
 '^ Pottliast : Re^estapont. Ro^n. No. 2507, gives date, as possibly, May 20, 1205. 
 
Translations and Reprints 
 
 FROM THE 
 
 ORIGINAL SOURCES OF EUROPEAN HISTORY. 
 
 Vor,. III. Statisticai, Documents of the Middi^e Ages. No. 2. 
 TABLE OF CONTENTS. 
 
 PAGE 
 
 I. CapituIvARy "DeViIvI^is" OF Charles THE Great, . . . 2 
 
 II. Inventory of an Estate of Charlies the Great, . . 4 
 
 III. (a) Instructions for CoIvIvEction of Domesday Returns, 6 
 (b) Extract from Domesday Book, County of Norfoi^k 6 
 
 IV. Levy of Troops for Wars in Bohemia, 1422, .... 8 
 
 V. Resources of Venice, 1421, 11 
 
 VI. Memorandum of the Power and Revenues of the 
 
 States of Europe in 142—, 14 
 
 VII. Taxes of the Kingdom of Jerusai^em, 19 
 
 INTRODUCTION. 
 
 The German publicist von Schlozer writing in 1804 said that "Statistics is his- 
 tory standing still, history statistics in motion." Though to-day the dictum would 
 be rejected by both historian and statistician, it remains true that while history is 
 mainly occupied in describing events, statistics is chiefly concerned in depicting con- 
 ditions. In this broad sense, therefore, we may be allowed to speak of statistical 
 documents in the middle ages. 
 
 It is readily conceded that statistics in the modern sense have not been trans- 
 mitted to us from the antique or mediaeval civilization. In the modern sense statis- 
 tic means to us a comprehensive inquiry into definite facts capable of expression in 
 numerical terms, within a well defined geographical area and in a definite period of 
 time. Such inquiries, ranking among the latest products of a highly developed 
 political and social life cannot be looked for in a period of nascent civilization. 
 
 The carefully organized statistical work of modern governments is the outgrowth 
 of a long developement of It administrative functios and is intimately bound up 
 with the latter. Whenever we find an orderly administration, we find traces of 
 statistics. For without records such administration could not be carried out, and 
 it is only a question of arrangement, whether such records assume a statistical form. 
 We can therefore find in the middle ages, the records of statistical beginnings. It 
 
2 TRANSLATIONS AND REPRINTS. 
 
 is with such beginnings that we are concerned in the present issue. Statistically 
 they are in the crudest form of arrangement. Their historical interest in giving a 
 glimpse however incomplete of the time to which they relate, may serve as a justifi- 
 cation for the results, which from the standpoint of statistics must be deemed meagre 
 in the extreme. 
 
 The documents bearing upon the history of statistics which the middle ages 
 have bequeathed to us, may be classed in two fairly distinct groups. The one gives 
 us a record of the execution of various administrative measures involving statis- 
 tic work, and sometimes preserving the instructions or laws upon which such inquiries 
 were based. The second gives us some actual results, oftentimes partial in their 
 scope, yet indicative of the conditions which the measures must have revealed. 
 
 Historians of statistics have recorded the references to a considerable number 
 of administrative undertakings which must have had a statistical interest. In this 
 issue we have selected a few illustrations of the two types of documents above 
 named. The following extracts have been taken direct from the original documents. 
 Especial attention is directed to number IV, V, and VI, which present a very striking 
 Combination of information from different sources, relative the same epoch. Being 
 separately printed the importance of these extracts as a group might pass unobserved. 
 
 I. ARTICLES FROM THE CAPITULARY " DE VILLIS. " 
 Mon. Ger. Hist. Legum I, 185-186. Latin. 
 In the capitularies of Charles the great the high administrative ability of 
 that ruler is clearly manifested. They contain several ordinances relating to the 
 general affairs of the realm, such as the military service, which indicate the existence 
 of a fairly compact administrative system. The capitulary "de Villis" from which 
 a few extracts are given relates to the royal domains. The first section quoted may 
 be regarded as a statistical instruction to the officials. In it several items, men- 
 tioned specifically in other sections are not enumerated. They are added to show 
 the general character of the domains. They indicate, that the section 62 is merely 
 a general instruction and is not intended as a schedule. The whole capitulary of 
 which only a part is here given throws an interesting light upon the character of the 
 royal revenues of the period. In this translation we acknowledge our indebtedness to 
 the scholarly edition of the "de Villis" by Guerard, in Bibliotheque de L'Ecole des 
 Chartes. In dubious passages we have followed the interpretation of this author. 
 
 62. That each steward shall make an annual statement of all our in- 
 come : an account of our lands cultivated by the oxen which our plough- 
 men drive and of our lands which the tenants of farms ought to plough ; 
 an account of the pigs, of the rents,^ of the obligations and fines ; of the 
 game taken in our forests without our permission ; of the various compo- 
 sitions ; of the mills, of the forest, of the fields, of the bridges, and ships : 
 of the free-men and the hundreds who are under obligations to our treas- 
 ury ; of markets, vineyards, and those who owe wine to us ; of the hay, 
 
 Guerard thinks this means the payment for the right to keep pigs in the woods. 
 
CAPITULARY "DE VILLIS. 3 
 
 fire-woocl, torches, planks, and other kinds of lumber ; of the waste-lands ; 
 of the vegetables, millet, panic ; of the wool, flax, and hemp ; of the fruits 
 of the trees, of the nut trees, larger and smaller ; of the grafted trees of 
 all kinds ; of the gardens ; of the turnips ; of the fish-ponds ; of the hides, 
 skins, and horns ; of the honey, wax ; of the fat, tallow and soap ; of the 
 mulberry wdne, cooked wine, mead, vinegar, beer, wine new and old ; of 
 the new grain and the old ; of the hens and eggs ; of the geese ; the number 
 ^ of fishermen, smiths [workers in metal] , sword-makers, and shoe-makers 
 of the bins and boxes ; of the turners and saddlers ; of the forges and 
 minies, that is iron and other mines; of the lead mines; of the tributaries; 
 of the colts and fillies ; they shall make all these known to us, set forth 
 separately and in order, at Christmas, in order that we may know what 
 and how much of each thing we have. 
 
 22. In each of our estates our stew^ards are to have as many cow- 
 houses, piggeries, sheep-folds, stables for goats, as possible, and they 
 ought never to be without these. And let them have in addition cows 
 furnished by our serfs for performing their service, so that the cow-houses 
 and plows shall be in no way weakened by the service on our demense. 
 And when they have to provide meat, let them have steers lame, but 
 healthy, and cow^s and horses which are not mangy, or other beasts 
 which are not diseased and, as we have said, our cow^-houses and plows 
 are not to be weakened for this. 
 
 34. They must provide with the greatest care, that whatever is 
 prepared or made with the hands, that is, lard, smoked meat, salt meat, 
 partially salted meat, wine, vinegar, mulberry wine, cooked wine, gams, ^ 
 mustard, cheese, butter, malt, beer, mead, honey, wax, flour, all should 
 be prepared and made with the greatest cleanliness. 
 
 40. That each steward on each of our domains shall always have, 
 for the sake of ornament, swans, peacocks, pheasants, ducks, pigeons, 
 partridges, turtle-doves. 
 
 42. That in each of our estates, the chambers shall be provided 
 with counterpanes, cushions, pillow s, bed-clothes, coverings for the tables 
 and benches ; vessels of brass, lead, iron and wood ; andirons, chains, 
 pot-hooks, adzes, axes, augers, cutlasses and all other kinds of tools, so 
 that it shall never be necessary to go elsewhere for them, or to borrow 
 them. And the weapons, which are carried against the enemy, shall be 
 
 A kind of fermented liquor. 
 
4 TRANSLATIONS AND REPRINTS. 
 
 well cared for, so as to keep them in good condition ; and when they are 
 brought back they shall be placed in the chamber. 
 
 43. For our women's work they are to give at the proper time, ag 
 has been ordered, the materials, that is the linen, wool, woad, vermillion, 
 madder, wool -combs, teasels, soap, grease, vessels and the other obje^;ts 
 which are necessary. 
 
 44. Of the food-products other than meat, two-thirds shall be sent 
 each year for our own use, that is of the vegetables, fish, cheese, butter,, 
 honey, mustard, vinegar, millet, panic, dried and green herbs, radishes, 
 and in addition of the wax, soap and other small products ; and they 
 tell us how much is left by a statement, as we have said above; and they 
 shall not neglect this as in the past ; because from those two-thirds, we 
 wish to know how much remains. 
 
 45. That each steward shall have in his district good workmen, 
 namely, blacksmiths, gold-smith, silver-smith, shoe-makers, turners, 
 carpenters, sword-makers, fishermen, foilers, soap-makers, men who know 
 how to make beer, cider, berry, and all the other kinds of beverages, 
 bakers to make pastry for our table, net-makers who know how to make 
 nets for hunting, fishing and fowling, and the other who are too numer- 
 ous to be designated. 
 
 II. INVENTOR V OF AN EST A TE OF CHARLES THE GREA T. 
 
 Mon. Ger, Hist. LL. I, pp. 178-179. Latin. 
 
 This inventory is a specimen of those required in the capitulary. It refers 
 to a small estate, the location of which is unknown. Rude domestic and 
 agricultural conditions are clearly reflected in this account of an estate destined 
 to harbor temporarily the royal person and his officers. 
 
 We found in the domain estate of Asnapium a royal house built of 
 stone in the best manner, o rooms ; the whole house surrounded with 
 balconies, with 11 apartments for women; beneath 1 cellar ; 2 porticoes; 
 17 other houses built of wood within the court-yard with as many rooms 
 and other appurtenances, well built ; 1 stable, 1 kitchen, 1 mill, 1 grana- 
 ry, 8 barns. 
 
 The yard surrounded carefully with a hedge and stone gateway 
 and above a balcony from which to make distributions. An inner yard, 
 likewise enclosed within a hedge, arranged in a suitable manner planted 
 with various kinds of trees. 
 
 Vestments: coverings for 1 bed, 1 table cloth, 1 towel. 
 
 Utensils : 2 brass kettles, 2 drinking cups, 2 brass cauldrons, 1 
 
AN ESTATE OF CHARLES THE GREAT. 5 
 
 iron one, 1 frying-pay, 1 gramalmin, 1 pair of andirons, 1 lamp, 2 
 hatchets, 1 chisel, 2 augers, 1 axe, 1 knife, 1 large plane, 1 plane, 2 
 scythes, 2 sickles, 2 spades tipped with iron. Enough wooden utensils 
 for use. 
 
 Farm produce : old spelt from last year, 90 baskets which can })e 
 made into 450 weight of flour; 100 measures of barley. From the pres- 
 ent year, 110 baskets of spelt, planted 60 baskets from the same, the rest 
 we found ; 100 measures of wheat, 60 sown, the rest we found ; 98 
 measures of rye all sown ; 1800 measures of barley, 1100 sown, the rest 
 we found ; 430 measures of oats, 1 measure of beans, 12 measures of peas 
 At the 5 mills, 800 measures, small measures. At the 4 breweries, 650 
 measures, small measures, 240 given to the prebendaries, the rest we 
 found. At the 2 bridges, 60 measures of salt and 2 shillings. At the 4, 
 gardens, 11 shillings. Honey, 3 measures ; about 1 measure of butter ; 
 lard, from last year 10 sides, new sides 200 with fragments and fats, 
 cheese from the present year 43 w^eights. 
 
 Of cattle; -51 head of larger cattle, 5 three-year olds, 7 two-year- 
 olds, 7 yearlings ; 10 two-year-old colts, 8 yearlings, 3 stallions; 16 cows; 
 
 2 asses ; 50 cows with calves, 20 young bullocks, 38 yearling calves, 3 
 bulls, 260 hogs, 100 pigs, 5 boars, 150 sheep with lambs, 200 yearling 
 lambs, 120 rams, 30 goats with kids, 30 yearling kids, 3 male goats, 30 
 geese, 80 chickens, 22 peacocks. 
 
 Also concerning the dependencies which pertain to the above man- 
 sion. In the villa of Grisio we found domain buildings, where there are 
 
 3 barns and a yard surrounded by a hedge. There is there 1 garden 
 with trees, 10 geese, 8 ducks, 30 chickens. 
 
 In another villa. We found domain buildings and a yard sur- 
 rounded by a hedge and within 3 barns, 1 arpent of vines, 1 garden 
 with trees, 15 geese, 20 chickens. 
 
 In a third villa, domain buildings. It has 2 barns, 1 granary, 1 
 garden, 1 yard well enclosed by a hedge. 
 
 We found all the dry and liquid measures just as in the palace. 
 We did not find any goldsmiths, silversmiths, blacksmiths, huntsmen or 
 persons engaged in other services. 
 
 The garden herbs which we found were lily, putchuck, mint, par- 
 sley, rue, celery, libesticum, sage, savory, juniper, leeks, garlic, tansy, 
 wild mint, coriander, scullions, onions, cabbage, kohl-rabi, betony. 
 Trees: pears, apples, medlars, peaches, filberts, walnuts, mulberries, 
 quinces. 
 
6 TRANSLATIONS AND KEPKINTS. 
 
 Ilia. INSTRUCTIONS FOR COLLECTION OF THE DOMESDA Y 
 
 RETURNS. 
 
 Inquisitio Elieitsis, Domesday Book : Additamenta, p. 495. Latin. 
 
 The first approach to a modern assessment roll or cataster is the well known 
 Domesday Book. The existing literature on this remarkable memorial is so 
 extensive, that it has not appeared advisable to quote largely from it. Our first 
 quotation contains the instructions issued to the Commissioners who made the 
 record. The second is a specimen return. There is a wide variety in the returns, 
 though certain factors recur constantly in each statement. The survey is the most 
 extensive document, embracing as it does the entire area of England held by the 
 Conqueror, which we possess in regard to mediaeval times. It is important to 
 note how the feudal power as founded by William is no longer dependent like the 
 Empire of Charles upon the personal estates the crown, but brings the entire land 
 under its influence through the feudals dues, and thus paves the way for the modern 
 state founded upon the obligations of all its citizens. 
 
 Here is subscribed the inquisition of lands as tlie barons of the king 
 have made inquiry into tliem ; that is to say by the oath of the sheriff of 
 the shire, and of all the barons and their Frenchmen, and the whole 
 hundred, the priests, reeves, and six villains of each manor ; then, what 
 the manor is called, who held it in the time of king Edward, who holds 
 now ; how many hides, how many plows in demesne, how many belong- 
 ing to the men, how many villains, how many cottars, how many serfs, 
 how many free-men, how many socmen, how much woods, how much 
 meadow, how many pastures, how many mills, how many fish-ponds, how 
 much has been added or taken away, how much it was worth altogether 
 at that time, and how much now, how much each free man or socman 
 had or has. All this threefold, that is to say in the time of king 
 Edward, and when king William gave it, and as it is now ; and whether 
 more can be had than is had. 
 
 Illb. EXTRACT FROM DOMESDAY SURVEY OF THE COUNTY 
 
 OF NORFOLK. 
 Domesday Book, Vol. 2, pp 153-154. Latin. 
 
 The land of Robert Malet. 
 
 Fredrebruge Hundred and half Glorestorp. Godwin, a freeman, 
 held it. Two carucates of land in the time of khig Edward. Then and 
 afterwards 8 villains ; now 8. Then and afterwards 8 bordars ; now 5. 
 At all times 8 serfs, and 80 acres of meadow. At all times 2 carucates 
 in demesne. Thoi half a carucate of the men, and now. Woods for 8 
 
DOMESDAY SURVEY, NORFOLK. 7 
 
 swiue, and 2 mills. Here are located 18 socmen, of 40 acres of land. 
 When it was received there were 2 r.,^ now 1. At all times 8 swine, 
 then 20 sheep, and it is worth 60 shillings. 
 
 There is situated there, in addition, one berewick, as the manor of 
 Heuseda. In the time of king Edward, 1 carucate of land ; then and 
 afterwards 7 villains, now 5. At all times 12 bordars, and 3 serfs, and 
 40 acres of meadow; 1 mill. Woods for 16 swine and 1 salt pond and 
 a half. Then 1 r., and now and 14 swine, 30 sheep, and 50 goats. In 
 this berewick are located 3 socmen, of 10 acres of land, and it is worth 30 
 shillings. The two manors have 2 leagues in lengthand 4 firlongs in 
 breadth. Whosoever is tenant there, returns 12 pence of the twenty 
 shillings of geld. 
 
 Scerpham Hundred Culverstestun Edric held it in the time of king 
 Edward. Two carucates of land. At all times there were 4 villains, 
 and 1 bordar, and 4 serfs ; 5 acres of meadow and two carucates in the 
 demesne. Then and afterwards 1 carucate, now one-half. At all times 
 1 mill and one fish pond. Here is located 1 socman of the king, of 40 
 acres of land ; which his predecessors held only as commended and he 
 claims his land from the gift of the king. Then and afterwards there 
 was one carucate, now 2 bovates, and 2 acres of meadow. At all times 
 two r., and 4 geese; then 300 sheep, now 300 less 12; then 16 swine 
 now 3. Then and afterwards it was worth 60 shillings, now 80 ; and 
 there could be one plow. Walter of Caen holds it from Robert. 
 
 Heinstede Hundred. In Sasilingaham Edric, the predecessor of 
 Robert Malet, held 2 sokes and a half, of 66 acres of land, now^ Walter 
 holds them. Then 9 bordars, now 13. At all times 3 carucates and a 
 half among all, and 3 acres of meadow, and the eighth part of a mill ; 
 and under these 1 soke of 6 acres of land. At all times half a carucate. 
 Then it w^as worth 30 shillings, now it returns 50 shillings. 
 
 In Scotessa Ulcetel was tenant, a free man commended to Edric, in 
 the time of king Edward of 30 acres of land. At that time 1 bordar, 
 afterward and now 2. Then half a carucate, none afterward nor now. 
 It w^as at all times worth 5 shillings and 4 pence ; the same. 
 
 The word indicated by the contraction r has not been identified. 
 
8 TRANSLATIONS AND REPRINTS. 
 
 IV. LEVY OF TROOPS FOR WARS IN BOHEMIA, 1422. 
 
 Deutsche Reichstagsakten Bd. VIII (1883) pp. 157-165. 
 
 Reprinted in Altmann und Bernheim : Ausgewahlte Urkunden, Second 
 
 Ed., pp. 174-177. German. 
 
 The levy of troops for the Bohemian wars gives us a picture of the relative 
 size and importance of the various powers of Germany in 1422. The statisticians 
 will note especially the concentration of power in the Rhine lands. The contin- 
 gents to be furnished by the cities, afford an excellent scale of the relative importance 
 of towns in the epoch concerned. 
 
 (The Electors). Archbishops: Mayence 50 with swords, Cologne 
 40 with swords. Treves 40 with swords. The count Palatine 50 with 
 swords. Saxony 20 mounted men-at-arms. Brandenburg 50 with 
 swords. 
 
 The Bishops: The archbishop of Magdeburg 30 swordsmen, 10 
 archers. Bishop of Hildesheim 5 swordsmen, 5 archers. That of Wiirz- 
 burg 20 swordsmen. That of Bamberg 20 swordsmen. That of Eich- 
 statt 10 swordsmen. That of Strassburg 10 swordsmen. That of Con- 
 stanz 8 swordsmen. That of Basle 2 swordsmen. That of Coire 2 
 swordsmen. That of Besancon 6 swordsmen. That of Augsburg 2 
 swordsmen. That of Metz 6 swordsmen. That of Toul 3 swordsmen. 
 That of Verdun 6 swordsmen. That of Lausanne 6 swordsmen. That 
 of Speyer 8 swordsmen. That of Worms 2 swordsmen. That of Ver- 
 den 3 swordsmen, 6 men-at-arms. That of Schwerin 8 swordsmen, 8 
 men-at-arms. That of Halberstadt 6 swordsmen, 6 men-at-arms. That 
 of Bremen 10 swordsmen, 10 men-at-arms. That of Kammin 6 swords- 
 men, 6 men-at-arms. That of Regensburg 5 swordsmen. That of Mun- 
 ster 10 swordsmen. 
 
 Dukes and lay princes. Duke of Lorraine 20 swordsmen. Duke 
 of Bar 20 swordsmen. Duke of Savoy 50 swordsmen. Margrave of 
 Baden 10 swordsmen. Landgrave of Hesse 20 swordsmen, 10 men-at- 
 arms. Duke Otto of the Leina 10 swordsmen, 10 men-at-arms. Erich 
 of Bruuswick 5 swordsmen, 5 men-at-arms. Duke Otto of Hirschberg 
 5 swordsmen, 5 men-at-arms. Bernhard and William of Brunswick 
 with their cities namely, Brunswick and Liineburg, 10 swordsmen, 10 
 men-at-arms. John of Mecklenburg 10 swordsmen, 10 men-at-arms. 
 Alln-echt of iMecklenburg 10 swordsmen, 10 men-at-arms. Children of 
 Duke Ulrich with the country of Stargardt 10 swordsmen, 10 men-at- 
 arms. Otto and Casimir of Stettin 20 swordsmen, 12 men-at-arms. 
 Vladislaf of Wolgast 15 swordsmen, 12 men-at-arms. Erich of Saxe- 
 
LEVY OF TROOPS FOR THP: WARS IN BOHEMIA. 9 
 
 Laueii)ierar o swordsineii, 6 men-at-arms. Louis of Iiiiroldstadt in 
 
 ■■& 
 
 Bavaiia 16 swordsmen. Ernest and William of Bavaria 10 swords- 
 men. Henry of Bavaria 20 swordsmen. John of Bavaria 10 swords- 
 men. Stephen of Bavaria 5 swordsmen. Otto of Bavaiia 5 swordsmen - 
 Adolphus of Cleve 20 swordsmen. Duke of Berg 6 spearsmen. The 
 bishop of Utrecht, with Deventer, Kempten, Zwolle, and Utrecht, 40 
 swordsmen. 
 
 Lords and counts in the Netherlands. The duke of Jiilich, and 
 the knights of Jiilich and Guelders, and the four cities of Romunde, 
 Nymwegen, Arnheim and Zutphen 60 swordsmen. The three cities, 
 of Brabant 100 swordsmen. The cities of Liege 100 swordsmen. 
 Standard bearers, knights, and men of Holland 60 swordsmen. Standard 
 bearers, knights, and men of Haiuault, the cities of Hainault, the count 
 of Namurs 20 swordsmen. Lords and knights of Flanders, the cities 
 of Flanders 20 swordsmen. 
 
 Counts and lords. Gerhard, count of Mark 3 swordsmen 
 William count of Ravensburg 2 swordsmen. Count of Teckelnburg 2 
 swordsmen. Count of Riedeuburg 1 swordsman. Lord of Lippe 2 
 swordsmen. Lord of Dippoldswald 1 swordsman. Count of Bentheim 
 1 swordsman. Count of Schaumburg 1 swordsman. Count of Olden- 
 burg 1 swordsman. Frederick and William of Henneberg 4 swordsmen, 
 Count of Rheineck 2 swordsmen. Count of Kastel 2 swordsmen. Count 
 of Hohenlohe 2 swordsmen. Count of Weinsberg 2 swordsmen. Count 
 of Heideck 1 swordsman. Otto Erich of the Heust 6 sw^ordmen. Count 
 of Wiirttemberg 20 swordsmen. Count of Schauen 15 swordsmen. 
 Margrave of Rotelen 3 swordsmen. Margrave of Toggenburg 5 swords- 
 men. Conrad of Freiburg 5 swordsmen. Hugo master of the Order 
 of St. John 10 swordsmen. Christopher of Wenden 6 swordsmen, 6 
 men-at-arms. Albrecht and George of Anhalt 5 sw^ordsmen, 5 men-at- 
 arms. Bern hard of Anhalt 4 swordsmen, 4 men-at-arms. Bernhard of 
 Rheimstein, 3 swordsmen, 3 men-at-arms. Count of Wernigerode 4 
 swordsmen, 4 archers. Emich of Leinigen 3 swordsmen. Frederick of 
 Leinigen 2 swordsmen. Philipp of Nassau 4 swordsmen. John of Spon- 
 heim 5 swordsmen. Frederick of Veldenz 3 swordsmen. John and Fred- 
 erick, counts of the Rhine 2 swordsmen. Philipp and Emich, lords 
 of Oberstein, 2 swordsmen. Lord of Hohenfels 1 swordsman. Nicholas 
 Vogt of Honolstein 1 swordsmen. John of Katzenellenbogen 8 swords- 
 men. Adolphus of Nassau 2 swordsmen. William of Wied 3 swords- 
 men. Philipp and Salentin lord of Ysenburg 3 swordsmen. John of 
 
lO TRANSLATIONS AND REPRINTS. 
 
 Wied, Reinhard, lord of Westerburg 2 swordsmen. Dietrick, lord of 
 Ruukel 1 swordsman. John and Henry, counts of Nassau lord of Bil- 
 stein 2 swordmen. Bernhard and John brothers, count S<jlms 3 swords- 
 men. John of Wittgenstein 1 swordsman. Rupert of Virneburg 2 
 swordsmen. Gottfried Eberhard, lord of Eppstein 4 swordsmen. Rein- 
 hard, lord of Hanau 3 swordsmen. Dieter, lord of Biidegen 3 sw^ords- 
 men. Michael of Wertheim 1 swordsman. William of Eberstein 1 
 swordsman. Lords of Arbergen 3 swordsmen. William of Blauken- 
 stein 1 swordsman. John, lord of Schleiden 1 swordsman. Frederick 
 ofMoers 4 swordsmen. John, lord of Heimsberg 4 swordsmen. Wal- 
 rave of Moers 1 swordsman. William Craft, lord of Saffenburg 1 
 swordsman. John, lord of Rodemachern 2 swordsmen. John and 
 Gottfried, lord of Ziegenhain 2 swordsmen. Henry of Waldeck, and 
 the others of Waldeck 4 swordsmen. John Henry of Vinstigen 2 
 swordsmen. The lord of Wibelkoben 1 swordsman. Schenk Eber- 
 hard, Schenk Conrad and Schenk Conrad the younger, of Ehrenpach 
 
 3 swordsmen. Conrad, lord of Bickenbach 1 swordsman. The lord 
 of Neuenahr 1 swordsman. Eberhard of Liueburg, lord of Harten- 
 burg 2 swordsmen. Count of Limburg 1 swordsman. The lord of 
 Harn 2 swordsmen. John of Saarwerden 1 swordsman. The Brothers 
 of Bitsch 1 swordsman. Count of Salm 1 swordsman. 
 
 The Abbots. The abbot of Fulda 6 swordsmen. The abbot of 
 Weissenburg 2 swordsmen. The abbot of Zelle 1 swordsmen. The 
 abbot of Miirbach 3 swordsmen. The abbot of Maulbronn 5 swords- 
 men. The abbot of Einsiedelu 2 swordsmen. The abbot of Bieben- 
 hausen 3 swordsmen. The abbot of Salem 5 swordsmen. The abbot 
 Alb 2 sw(jrdsmen. The abbot of Kemptem 2 swordsmen. The abbot 
 of Schaffhausen 2 swordsmen. The abbot of Petershausen 2 swords- 
 men. The abbot of Kinzing 2 swordsmen. The abbot of Weingarten 
 
 4 swordsmen. The abbot of Elchingen 2 swordsmen. The abbot of 
 St. Blasien 2 swordsmen. The abbot of Balbeuren 2 swordsmen. The 
 abbot of Zwiefalten 2 swordsmen. The abbot of Isni 1 swordsman. 
 The abbot of Saint George 1 swordsman. The abbot of Saint John 1 
 swordsman. The abbot of PfaefFers 1 swordsman. The abbot of 
 Konigsbriinn 1 swordsman. Prior of Schussenried 2 swordsmen. 
 
 The cities. The confederates of Berne, Lucerne, Zurich, Freiburg 
 in Vaud 250 horse. Constance, Lindau, Buchhorn, Ravensburg, Ueber- 
 lingen, Zelle am Unter See, Diessenhofen, 50 swordsmen and 200 
 mounted men. Schaffhausen, Waldshut, Lauifenberg, Siickingen, 
 
rp:sources of venice. u 
 
 Rheinfelden, Winterthiir, Rapperswil, Fraiieiifeld 26 men-at-arms. 
 Kempteii, Isny, Wangen, Leutkirch, Memmingeii, Augsburg, Biber- 
 ach, Pfullendorf, Kauf beureu, Ulm, Giengen, Nordliiigeu, B()|.fingeii, 
 Aalen, Gmiiud, Diiukelsbiihl, Essliugeu, Reutlingeu Rottweil, Weil, 
 Buchau, 100 swordsmen and 100 men-at-arms. Halle 12 swordsmen 
 and 12 men-at-arms. Heilbronn, Wimpfen Weiusberg 24 mounted 
 men armed. Basle 16 swordsmen. Strassburg Muhlhausen, Colmar, 
 Miinster in St. Gregorienthal, Kaisersberg, Diirkheim, Schlettstadt, 
 Oberehnheim, Roshein, Hageuau, Weissenburg, 30 swordsmen. Frei- 
 burg, Neuenberg Breisach, Kenzingen Endingen 10 swordsmen. Ver- 
 den 10 swordsmen. Kaufmansarburg 3 swordsmen. Treves 4 swords- 
 men. Metz 20 swordsmen. Toul 10 swordsmen. Speyer Worms and 
 Mayence 24 swordsmen. Cologne, Aix la Chapel le 30 swordsmen. 
 Dortmund 6 swordsmen. Frankfort 15 swordsmen. Fried berg 2 swords- 
 men. Gelnhausen 3 swordsmen. Wetzlar 2 swordsmen. Nuremberg 
 30 swordsmen, 30 men-at-arms. Rothenburg 12 swordsmen, 12 men- 
 at-arms. Windsheim 6 swordsmen, 6 men-at-arms. Weissenburg in 
 Francouia 5 swordsmen, 5 men-at-arms. Schweinfurt 5 swordsmen, 5 
 men-at-arms. Regeusburg 15 swordsmen, 15 men-at-arms. Liibeck 30 
 swordsmen, 30 men-at-arms. Hamburg 15 swordsmen, 15 men-at-arms. 
 Muhlhausen [Saxony] 3 swordsmen, 6 men-at-arms. Nordhausen 15 
 swordsmen, 10 men-at-arms. Aschesleben 10 swordsmen, 6 men-at-arms. 
 Halberstadt 10 swordsmen, 10 men-at-arms. Quedlinburg 10 swords- 
 men, 10 men-at-arms. Sum total, 754 swordsmen and 777 mounted 
 horse from the cities. 
 
 V. RESOURCES OF VENICE. 
 
 From the speech of Thomas Mocemgo in 1421. 
 
 Muratori, Rer. Itai. Script. XXII, 952-954. Italian. 
 The speech of Mocenigo was made on the occasion of a visit to Venice 
 of a Florentine embassy for the purpose of securing the alliance of Venice in the 
 struggle with the duke of Milan. The war party in Venice, was led Francesco 
 Foscari, to whom this speech is especially addressed. The advantage of peace 
 which Venice had so long enjoyed and to which she owed so much of her prosperity 
 are detailed at length by the Doge Mocenigo. In the passage here quoted especial 
 reference is made to the commerce of Venice. While the figures are all in round 
 numbers and not always consistent (the text of the original is carefully followed) 
 yet they must be regarded as valuable approximation by one well fitted to form an 
 estimate. It is rather the character than the amount of the commerce which will 
 fasten the attention of the reader. Venice was at the time the great emporium of 
 the Orient. It on its part distributed the textiles enumerated as coming from the 
 interior to the various centres of trade in the East. 
 
12 TRANSLATION'S AND REPRINTS. 
 
 Signor Francesco Foscari, youthful Procurator, if you are able to 
 reply to these questions, reassure the Council by taking up this one which 
 I propose to you. If you found in Venice a garden in such a condi- 
 tion that it produced enough grain every year to furnish sustenance to 
 500 persons, and that besides there were many bushels to be sold ; that 
 the garden produced so much wine, that it furnished sustenance to 500 
 persons, and that there were besides many measures to be sold ; and that 
 it produced every sort of oats and vegetables of considerable value, and 
 that the garden produced moreover every sort of fruit so that 500 per- 
 sons might live from it every year, and that there should be some for 
 sale ; that the garden produced every year beeves, sheep, kids, and birds of 
 all sorts which might furnish sustenance for 500 persons, yet so that 
 some should remain for sale ; and that the said garden produced so much 
 cheese and eggs that it might furnish sustenance to 500 persons, yet so 
 that some should remain for sale ; and that the garden produced so much 
 fish of all sorts for the sustenance of 500 persons, and that besides this 
 fish could be sold for a considerable number of ducats: it would be 
 agreed that such a garden was most noble, producing so many things, 
 not only furnishing goods for the support of 500 persons, but also goods 
 for sale for 500 ducats, the said garden requiring no cost for its main- 
 tenance. And one morning some one should say to you: ''Signor Fran- 
 cesco your enemies have gone to the Piazza to take 500 sailors and have paid 
 them to enter your garden : they bear 500 scythes to destroy the trees and the 
 vines, also 100 villains with 100 pairs of oxen and 100 ploughs, paid by your 
 enemies, to destroy all the plants which are in the said garden, to destroy 
 all th^ animals great and small which are in the said garden,''^ if you 
 were wise, you would not suffer that your garden should be destroyed. 
 You would go to your strong box and take enough gold to hire 1000 
 men to resist those who wish to destroy the said garden. If you should 
 pay, Signor Francesco, these 500 men with scythes and 100 villains with 
 ploughs for destroying the said garden it would be said that you had gone 
 crazy. Let us examine if we are in such a position. We have planned 
 to comprehend all the commerce which Venice at present conducts, which 
 we have known. We will say of the Milanese merchants and of the 
 exchange banks which confirm this, that there comes every week from 
 Milan 17,000 to 18,000 ducats which enter into this city, making every 
 year the sum of 900,000. From Monza 1000 ducats every week, 
 amounting annually to 56,000 ducats. From Como 2000 ducats every 
 week, amounting annually to 104,000 ducats. From Alessandria della 
 
RESOURCES OF VENICE. 1 3 
 
 Paglia 1000 ducats every week, amounting annually to 56,000 ducats. 
 From Tortoua and Novara 2000 ducats every week, amounting annually 
 to 104,000 ducats. From Pavia 2000 ducats every week, amounting 
 annually to 104,000 ducats. From Cremona 2000 ducats every week, 
 amounting annually to 104,000 ducats. From Bergamo 1500 ducats 
 every week, amounting annually to 78,000 ducats. From Parma 
 2,000 ducats every week, amounting to 104,000 ducats. From Pia- 
 cenza 1,000 ducats every week, amounting to 52,000 ducats. 
 
 All these things the banks affirm to be thus on the average, that 
 there is introduced from the countries of the duke of Milan, annually 
 1,612,000 ducats of gold. Does it not appear that this is a beautiful and 
 most noble garden which Venice posesses without cost? Alessandria 
 della Paglia, Tortona and Novara, place there 6000 pieces of cloth per 
 year at 15 ducats the piece', amounting to 90,000 ducats. Pavia places 
 3000 pieces of cloth at 15 ducats the piece, which is 45,000 ducats. 
 Milan places 4000 pieces of fine cloth at 30 ducats the piece, which is 
 120,000 ducats. Como 12,000 pieces at 15 ducats the piece, which 
 amounts to 180,000 ducats. Monza 6000 pieces at 15 ducats the piece, 
 which amounts to 90,000 ducats. Brescia 5000 pieces at 15 ducats the 
 piece, which amounts to 75,000 ducats. Bergamo 10,000 pieces at 7 
 ducats the piece, which amounts to 70,000 ducats. Cremona places 40, 
 000 fustians, at 40 and a quarter the piece, which amounts to 170,000. 
 Parma 4000 pieces at 15 ducats the piece, which is 60,000 ducats. This 
 amounts in all to 90,000 pieces which makes 900,000 ducats. And we 
 have revenues from the lands of Lombardy at one ducat per piece, 
 200,000 ducats, which with this and with the goods amounts to 28,800, 
 000 ducats. Does it not appear that this is the most beautiful garden 
 of Venice ? Of these things which the Lombards carry away from you 
 every year the first is cotton 5000 M.' for 250,000 ducats, thread 20, 
 000 M. at from 15 to 20 ducats the hundred making 30,000 ducats. 
 Catalonian wool at 60 ducats per M. for 4000 M., 120,000 ducats. 
 French wool at 300 ducats per M. for 40 M., making 120,000 ducats. 
 Cloth of gold and of silk per year for 250,000 ducats. 3000 cargoes of 
 pepper at 100 ducats make 300,000 ducats. Cinnamon 400 loads at 160 
 ducats per load, 64,000 ducats. Ginger 200 M. at 40 ducats per M., 
 80,000 ducats. Sugar of one boiling, of two and of three, estimated at 
 15 ducats the hundred, 95,000 'ducats. Green ginger for several thou- 
 
 The original has ^nigliaja "thousands" for which we use the abbreviation. 
 
14 TRANSLATIONS AND REPRINTS. 
 
 sands of ducats. Other things of all sorts for several thousands of 
 ducats, for embroidery and sewing 30,000 ducats. Dyes 4000 M. at 
 30 ducats per M. per hundred, 120,000 ducats. Endaehi and grains 
 for 50,000 ducats. Now in the way of making an estimate for all it will 
 be seen to be 28,000,000 ducats. And this is a beautiful garden for 
 Venice without cost. Soap for 250,000 ducats, slaves for 30,000, and 
 considerable salted goods which are sold every year. And all this draft 
 which the said Lombadry makes upon these lands is a reason to navigate 
 so many ships in Syria, so many galleys in Romania, so many in Cata- 
 lonia, so many in Flanders, in Cyprus, in Sicily, and in other parts of 
 the w^orld, by means of which Venice receives dues and freights, three, two, 
 and a half per cent. Swriseri, and Tintori ; freights of vessels and galleys 
 weighers, porters, bargemen, sailors, rowers and captains, with the profits 
 of merchants in the ventures, which gives a sum of 600,000 ducats to us 
 of Venice without cost. From such profits many thousand persons live 
 on the fat of the land. And is this a garden w-hich we ought to undo? 
 In truth no. But it is to be defended against any who wish to desolate 
 it. 
 
 VI. MEMORANDUM OF THE POWER AND REVENUES OF 
 THE ST A TES OF E UROPE IN 142- 
 Note to Life of Mocenigo. 
 Muratori. Script, rer. Ital. XXII, pp. 960 et seq. Italian. 
 
 The memorandum here quoted is by an unknown hand. It was affixed 
 to the document from which Muratori derives his information before 1450. It may be 
 regarded in the light of a contemporary estimate of the relative strength of European 
 nations. The excellent system of reports by which the Venetian ambassadors 
 kept the home government informed as to the doings of foreign powers is a guaranty 
 that the statement represents the best available information. The section relating 
 to Venice naturally assumes a higher degree ot probability. While in some respects 
 it is vague and indefinite it yet gives us an excellent idea of the budget of receipts 
 of that commonwealth. 
 
 Income of all the Christian powers and what they are able to do. 
 The king of France with all his force and the feudal services of princes, 
 dukes, marquises, counts, barons, knights, bishops, abbots, canons, 
 priests, and citizens, can in his own country raise 30,000 horsemen skilled 
 in arms. If desiring to send them out of the country the said realm 
 could not, since the costs would be doubled, send more than 15,000 horse. 
 Before the war with their own countrymen, it could have raised 100,000, 
 for that war destroyed both Church and revenues. In the total there- 
 
EUROPEAN STATES IN 1 42 . 1 5 
 
 fore 15,000 horse. The kiug of England with the power of his rev- 
 enues, and the feudal services of princes and others as above could, pay- 
 ing them every month, raise at home 30,000 horsemen skilled in arms. 
 In making the test of war these powers are equal. They have always been 
 powerful in their undertakings. And if one of these forces had been 
 greater than the other, one w^ould have been destroyed. The English 
 were overcome, after the division occurred in England, and they could 
 not make provision for their forces. This was before 1414. They 
 had 40,000 horse. Wars have weakened these countries, their men and 
 their revenues, so that now wishing to send a force out of the country it 
 is agreed that they have the half, i. e., 15,000 horsemen. The king of 
 Scotland who is lord of a great country, and of a people of so great 
 poverty that he would not be able to maintain with his revenues and the 
 taxes and dues of the clergy and laity, 10,000 horsemen skilled in arms 
 in his own country ; outside of the country on account of the great cost, 
 5000 horse. The king of Norway who is lord of a great country, and a 
 people equally poor could not maintain at home with his revenues and 
 the taxes and dues of clergy and laity 10,000 horemen skilled in arms, 
 abroad 5000 horse. The king of Spain with all his revenues and feu- 
 dal dues of clergy and laity, with all his forces 30,000 horsemen skilled 
 in arms. In 1414 he paid for 20,000. Wishing to maintain them out 
 of the country at double cost they would be 15,000 horsemen. The 
 king of Portugal with all his revenues from clergy and laity, with all 
 his force, would have, if he paid every month, at home 6000 horsemen 
 skilled in arms, abroad 3000 horse. The king of Brittany with all his 
 revenues and feudal dues of clergy and laity, paying every month, 
 could maintain at home 8000 horsemen skilled in arms, abroad 4000. 
 The master of St. James with all his force of men skilled in arms, at 
 home 4000 horsemen, abroad 2000. The duke of Burgundy with all 
 his force as above at home 3000 cavalry. In 1414 he held 1000. 
 But war has destroyed the country. Abroad 5000 men. The king 
 Rene [of Provence] with all his revenues would be able to raise at home 
 6000 horse, abroad 3000. The duke of Savoy with all his revenues 
 would be able to raise at home 8000 horse, abroad 4000. The mar- 
 quis of Montferrat would be able to hold 2000 horse at home, 1000 
 abroad. The count Francesco Sforza, duke of Milan, with all his 
 force could hold as mercenaries 10,000 horse at home and 5000 abroad. 
 The signory of Venice can, with all its force pay for 10,000 horsemen 
 skilled in arms at home, and 5000 abroad. The marquis of Ferrara at 
 
1 6 TRANSLATIONS AND REPRINTS. 
 
 home 2000 horsemen, abroad 1000. The marquis of Mantua, at 
 home 2000, abroad 1000. The signory of Bologna 2000 at home, 1000 
 abroad. The community of Siena at home 2000, abroad 1000. The 
 Sign ory of Florence with all its revenues of 1414 could place 1000. 
 At present through the wars it can place 4000 horsemen at home and 
 2000 abroad. 
 
 The Pope with all his revenues of his States of the Church, and with 
 the profits of churches which he receives, was able in 1414 to raise 
 8000 horsemen ; at present at home 6000 horsemen, abroad 3000. The 
 king of Aragon in the Realm of Naples can raise with all his revenues 
 12,000 horsemen at home and 6000 abroad. The princes of the Realm 
 are able with all their revenues to raise 4000 horsemen at home, 2000 
 abroad. The Community of Genoa were able in 1414 to maintain 
 5000 horsemen. But through their present dissension and the wars 
 they are only able to maintain at present 2000. The Barcelonians with 
 all the community and the lord of Catalonia, counting citizens and 
 knights, can at home paying every month maintain 12,000 horsemen, 
 and abroad 6000. All Germany with the lords temporal and spiritual, 
 the free and the other cities, north and south Germany, and the Emperor 
 who is German, can raise with all their resources and revenues 60,000 
 horsemen at home and 30,000 abroad. The king of Hungary, with all 
 the dukes, lords, princes, barons, prelates, clergy and laity, and with 
 all his resources and revenues can raise at home 80,000 horsemen, 
 abroad 40,000. The grand master of Prussia with all his revenues, 
 30,000 horsemen. In 1414 he had 50,000. But war has weakened 
 him. Abroad 15,000 horsemen. The king of Poland with all his 
 revenues with dukes marquises barons, cities and boroughs can raise 
 at home 50,000 horsemen, abroad 25,000. The Wallachians with all 
 their revenues and feudal service, at home 20,000 horsemen, abroad 
 10,000. Morea with its resources of 1414 could raise 50,000 horse- 
 men. War has weakened them. At present at home 20,000, abroad 
 10,000. All Albania, Croatia, Slavonia, Servia, Russia and Bosnia 
 with all their revenues at home 30,000, abroad 15,000. The king of 
 Cyprus with all his revenues can raise in the Island 2000, abroad 
 1000. The duke of Nicae in the Archipelago with all his power can 
 pay for 2000 horsemen at home, 1000 abroad. The grand master of 
 Rhodes with all his revenues and feudal dues of his liegemen, clergy 
 and laity of the island, would be able to raise 4000 horsemen at home, 
 2000 abroad. The lord of Mitylene 2000 horsemen, abroad 1000. 
 
EUROPEAN STATES IN 1 42 . 1 7 
 
 The emperor of Trebizoiide with all his power could raise at home 25, 
 000 horsemen, abroad 15,000. The king of Georgia with his revenues 
 of 1414 raised 30,000 horsemen. At present he can raise at home 10,000 
 horsemen, abroad 5000. The emperor of Constantinople can only 
 raise '^ ^ '"^ . Power of the Iniidel Monarchs. The Turk can in all 
 his dominions raise 40,000 horsemen, valiant men to defend him against 
 the Christians. The Caraman with all his power can raise at home 60, 
 000 horsemen, abroad 30,000. Ussun Cassan with all his power can 
 raise at home 20,000 horsemen in the service of Mahomet, abroad 10, 
 000. The Caraifan with all his resources at home 20,000, abroad 10, 
 000. Tamerlane with all his Tartar power can raise at home 1,000, 
 000 horsemen abroad 500,000. The king of Tunis, of Granada and the 
 other cities of Barbary who have galleys and boats to the injury of 
 Christians, at home are 100,000 horsemen abroad, 50,000. 
 
 Revenues of some Christian princes in the year 1423. The king 
 of France in the year 1414 had 2,000,000 ducats ordinary revenues. 
 But the wars which have continued for forty years have reduced the 
 ordinary revenues to 1,000,000 ducats. The king of England had 2, 
 000,000 ducats ordinary revenue. The continued wars have desolated 
 the island. At the present time he has 700,000 ducats revenue. The 
 king of Spain had in 1410, 3,000,000 ducats ordinary revenue, but the 
 continued wars have reduced it to 800,000 ducats. The king of Portu- 
 gal had in 1410, 200,000 ducats revenue. By the wars it is reduced 
 to 140,000 ducats. The king of Brittany in 1414 had 200,000 ducats 
 revenue. By the wars it is reduced to 140,000 ducats. The duke of 
 Burgundy had in 1400, 3,000,000 ducats. By the wars it is reduced 
 to 900,000 ducats. The duke of Savoy as a free country has 150,000 
 ducats revenue. The marquis of Montferrat as a free country has 100, 
 000 ducats revenue. Count Francesco, duke of Milan (in 1423 duke 
 Filippo Maria had 1,000,000 ducats revenue; has at present on account 
 of the wars only 500,000 ducats. The siguory of Venice had in 1423 
 1,100,000 ducats ordinary revenue. By reason of great wars which 
 have destroyed commerce it has 800,000 ducats ordinary revenue. The 
 marquis of Ferrara had in 1423, 70,000 ducats ordinary revenue. 
 Through the Italian wars he has by remaining at peace 150,000 ducats. 
 The Marquis of Montferrat had in 1423, 150,000 ducats, to-day 60,000 
 ducats. The Bolognese had in 1423, 400,000 ducats ordinary revenue. 
 But by the wars it has come to 200,000 ducats. Florence in 1423 
 had a revenue of 400,000 ducats. But since then, through the great 
 
1 8 TRANSLATIONS AND REPRINTS. 
 
 wars it is reduced to 200,000 ducats. The pope, though formerly he 
 had none, has 400,000 ducats ordinary revenue. The Genuese through 
 the great divison among them are reduced to 130,000 ducats. The 
 king of Aragon, in all his realm with Sicily, though at first he had 
 considerably more, has a revenue of 310,000 ducats. 
 
 Revenues of our signory on the main-land and the cost of these 
 domains. The country of Friuli gives annually 75,000 ducats. Its costs 
 are annually 6330 ducats. There remains net 1170 ducats. Trevigi 
 and suburbs 40,000 ducats, costs 10,100 ducats, remainder 29,900 
 ducats. Padua and suburbs 65,500 ducats, costs 14,000 ducats, re- 
 miander 51,500 ducats. Vicenza and suburbs 34,500 ducats, costs 
 7600 ducats, remainder 26,900. Verona and suburbs 52,500 ducats, 
 costs 18,000 ducats, remainder 34,000 ducats. Brescia and suburbs 
 75,500 ducats, costs 16,000 ducats, remainder 59,500 ducats. Ber- 
 gamo and suburbs, 25,500 ducats, costs 9,500 ducats, remainder 16,000 
 ducats. Crema and suburbs 7400 ducats, costs 3900 ducats, re- 
 mainder 3500 ducats. Ravenna and suburbs 9000 ducats, costs 2770 
 ducats, remainder 6230 ducats. Sum of the above 317,400 ducats, 
 costs 88,200 ducats, remainder 229,200 ducats. Revenues of Venice. 
 The inteudants of the revenues levy every year 150,000 ducats. The 
 Salt office levies every year 165,000 ducats. Eight offices connected 
 with the Bureau of Taxes levy per year 233,500 ducats. Offices 
 connected with the Arsenal levy annually 73,280 ducats. From the 
 profits of the Bureau of Taxes per year 150,000 ducats and salaries 
 26,500 ducats, leaving 611,600 ducats. Maritime possessions yield 
 annually 180,000 ducats. Other extroardinary revenues. Revenue of 
 the tithe of houses and possessions in the Duchy 25,000 ducats. For the 
 clergy who pay in cash half the tithe, the other being held by the 
 Bureau of Taxes, 15,000 ducats. Possessions abroad and foreign 
 stations 5000 ducats. Priests, for their revenues 22,000 ducats. Sea- 
 faring Jews two-tenths per year 600 ducats. Land Jews 500 ducats 
 for the tithe, and 1000 ducats for the two-tenths. The tithe of the 
 merchants 16,000 ducats. Revenue of Noli and Gioje 6000 ducats. 
 Poll taxes and exchange 20,000 ducats. Note that we must subtract 
 from these the following namely : for the persons who are unable to pay 
 the tithe of the houses, it cannot be exacted 6000 ducats ; for the half 
 of the tithe of the profit of the Bureau of Taxes, 7500 ducats; for the 
 priests, to be deducted for the Patriarchate 2000 ducats ; for the mer- 
 chandise for the revenues 6000 ducats ; for Noli and Gioje 4000 ducats : 
 for poll-taxes and exchange 12,000 ducats. 
 
TAXES OF JERUSALEM. ig 
 
 VII. TAXES OF THE KINGDOM OF JERUSALEM. 
 
 Assises de Jerusalem. Tome II. Assises de la cour des Bourgeois, p. 
 173. Paris 1843. Old French. 
 The list of taxes of the kingdom of Jerusalem may be regarded as a pendant 
 to the foregoing. The list of articles taxed forms an excellent index of the char- 
 acter of the commerce conducted by the Mediterranean powers of the time. 
 
 1. The old duties command that one should take at the custom 
 house for the sale ot silk for every hundred Besants, 8 Besants and 19 
 Karoubles, ^ as duty. 
 
 2. For the duties on cotton the rule commands that one should 
 take per hundred, 10 B. and 18 K. as duties. 
 
 3. For the duties of pepper the rule commands that one should 
 take per hundred 11 B. and 5 K. as duties. 
 
 4. For cinnamon the rule commands that one should take per 
 hundred 10 B. and 18 K. as duty. 
 
 5. For wool the rule commands that one should take per hundred 
 B., 11 B. and 10 K. as taxes. 
 
 6. For the duties of alum the rule commands that one should take 
 per hundred, 11 B. and 5 K. as duties. 
 
 7. For the duty on varnish the rule commands that one should 
 take per hundred, 10 B. and 18 K. as duty. 
 
 8. For the duties on nutmegs or on nutmeg leaves, the rule com- 
 mands that one should take as duty per hundred B. 8 B. and \ by law. 
 
 9. Of flax the rule commands that one should take per uundred, 
 8 B. and 8 K. as duty. 
 
 10. For the duties upon cloves and the leaves of cloves the rule 
 commands that one should take per hundred, 9 B. and \ by law. 
 
 11. For the duties on Indian hens one should take the tenth. 
 
 12. For the wares which are brought by sea from the coast of 
 Syria and which cannot be sold the rule is that they can be withdraw^n 
 and taken out of the country, but if the merchandise which cannot be 
 sold be taken out beyond the chain they must be paid per hundred for 
 as much as may then be in the country 8 B. per hundred, and for that 
 which may have been sold duty must be paid to the custom house accord- 
 ing that w hich is established for each kind and which one would have to 
 pay. And be it understood that these duties shall be paid by the Sara- 
 cens and by all the Syrians who may come with wares into this kingdom. 
 
 Where these coins are subsequently mentioned they are indicated by B. and K. 
 
20 TRANSLATIONS AND REPRINTS. 
 
 13. For the duties on muse the rule commands that one should 
 take per hundred B, 8 B. and i as duty. 
 
 14. For the duty upon aloe wood the rule commands that one 
 should take 9 B. and i per hundred as duty. 
 
 15. For the duties on sugar for that which is imported and 
 exported by land and by sea, the rule commands that one should take 
 per hundred, 5 B. as duty. 
 
 16. For the duties per camel's load of sugar the rule commands 
 that one should take 4 B. as duty. 
 
 17. For the duty on sugar which is brought by beasts of burden 
 the rule commands that one should take 1 raboin per load as duty. 
 
 18. For all things which are exported by land to be taken to 
 the Paynims the rule commands that one should take as duty per Besant 
 IK. 
 
 19. For the duty for the salt fish which is imported from Babylon 
 one should take the quarter, that is of 4 B. one of the four, as duty. 
 
 20. For the duty on flax which is imported from Babylon to 
 Damascus the rule commands that one should take in transit for each 
 camel 1 B. and 2 K. as duty. 
 
 21. For the duty on alcana the rule commands that one should 
 take give for each sack a duty of 18i K. 
 
 22. For the duty on all the spices of retail shop-keepers the rule 
 commands that one should take as duty per besante 1 K. 
 
 23. For the duty of sesamum the rule commands that one should 
 on importation per hundred, 10 B. as duty. 
 
 24. For the duty on oil of Sesamum the rule commands that one 
 should take per hundred, 11 B. as duty. 
 
 25. For the duty upon incense the rule commands that one should 
 take per hundred, 11 B. and 5 K. as duty. 
 
 26. The rule for cardemoine the law commands that one should 
 take per hundred, 11 B. and 5 K. as duty. 
 
 27. The duty on ivory the law commands that one should take per 
 besante 2 K. as duty. 
 
 28. For the duty on Sarcocoll the rule commands that one should 
 take per hundred, 1 1 B. and 5 K. 
 
 29. For the duty on Galega the rule commands that one should 
 take per hundred 4 B. and 4 K. 
 
 30. For the duty upon the twigs and the leaves of lavender the 
 rule commands that one should take per hundred, 4 B. and 4 K. 
 
TAXES OF JERUSALEM. 21 
 
 81. For the duty on Myrodolan the rule commaiids that one 
 should take per hundred 4 B. and 4 K. 
 
 32. For the duty on cinnamon the rule commands that one should 
 take per hundred, 4 B. and 4 K. 
 
 33. For the duty on rhubarb the rule commande that one should 
 take per hundred, 4 B. and 3 K. as duty. 
 
 34. For the duty on ginger the rule commands that one should 
 take per hundred, 4 B. and 4 K. as duty. 
 
 35. For the duty upon camphor the rule commands that one should 
 take per hundred, 11 B. and 8 K. as duty. 
 
 36. It is understood that the rule commands that one should take 
 on borage per hundred, 11 B. and 5 K. as duty. 
 
 37. It is understood that the rule commands that one should take 
 on aspic per hundred, 4 B. and 4 K. as duty. 
 
 38. It is understood that the rule commands that one should take 
 on gariophylus per hundred, 4 B. and 4 K. as duty. 
 
 39. It is understood that the rule commands that one should take 
 on ammonia, internal tax that is to say per hundred, 11 B. and 5 K. 
 
 40. It is understood that the rule commands that one should take 
 on Nabeth sugar, an internal tax. 
 
 41. It is understood that the rule commands that one should take 
 on dates, an internal tax. 
 
 42. It is understood that the rule commands that one should take 
 on emery per hundred, 10 B. as duty. 
 
 43. It is understood that the rule commands that one should take 
 on licorice Saracen and Syrian 1 and i tenths, but of French one should 
 take only 13 B. per hundred as duty. 
 
 44. It is understood that the rule commands that one should take 
 on sulphur of arsenic per hundred, 1 1 B. and 5 K. as duty. 
 
 45. It is understood that the rule commands that one should take 
 on camphor root which is underneath per hundred, 11 B. and 5 K. as 
 duty. 
 
 46. It is understood that the rule commands that one should take 
 on straps and saddles which are exported from the city per B, 1 K. as 
 duty. 
 
 47. It is understood that the rule commands that one should take 
 on yellow sulphur of arsenic, and internal tax. 
 
 48. It is understood that the rule commands that one should take 
 on libanotis per hundred 10 B. and 8 K. as duty. 
 
22 TRANSLATIONS AND REPRINTS. 
 
 49. It is understood that the rule commands that one should take 
 on all planks and beams which are exported by land, as duty the quarter 
 of what they cost. 
 
 50. It is understood that the rule commands that one should take 
 as duty on planks used to construct threshing floors the tenth of what 
 they cost. 
 
 51. It is understood that the rule commands that one should take 
 upon salt fish exported from the city the quarter of what it cost as duty. 
 
 52. It is understood that the rule commands that one should take 
 on fruit per hundred, 14 B. as duty. 
 
 53. It is understood that the rule commands that one should take 
 on hens exported from the city and upon ? one should take an internal 
 tax. 
 
 54. It is understood that the rule commands that one should take 
 as duty on rafters per besant, 2 K. 
 
 55. It is understood that the rule commands that one should take 
 on olives, 20 B. 
 
 56. It is understood that the rule commands that one should take 
 on wine which is brought from Nazareth and from Saphourie and from 
 Safran, per camel load as duty 12 drachmans. 
 
 57. It is understood that the rule commands that one should take 
 of thread of Damascus an internal tax. 
 
 58. It is understood that the rule commands that one should take 
 of senna per hundred, 20 B. as duty. 
 
 59. It is understood that the rule commands that one should take 
 of red currants per hundred, 8 B. and i which is the amount of the 
 duty. 
 
 60. It is understood that the rule commands that one should take 
 of wine which is imported from Antioch or from Lische or this side per 
 besant, 1 K. as duty. 
 
 61. It is understood that the rule commands that one should take 
 of the shoes which the Saracens purchase as tax of sale the tenth. 
 
 62. It is understood that the rule commands that one should take 
 as duties on wheat, the tenth. 
 
 68. It is understood that the rule commands that one should take 
 on eggs the tenth as duty. 
 
 64. It is understood that the rule commands that one should take 
 on hens and pullets as duty the tenth, that is to say per hundred, 10 B. 
 
 65. On the goats which are imported from the Paynims the rule 
 commands that one should take the tenth as duty. 
 
TAXES OF JERUSALEM. 23 
 
 66. On geese which are brought into the city the rule commands 
 that one should take the tenth as duty. 
 
 67. On the oil which comes to the custom-house the rule commands 
 that one should take per hundred, 8 B. and 4 K. as duty. 
 
 68. On nut gall the rule commands that one should give and take 
 as duty 5 B. and 18 K. per hundred. 
 
 69. On the wool which is imported from various parts the rule 
 commands that one should take by law per hundred 10 B. and 18 K. 
 
 70. On wax the rule commands that one should take per hundred 
 2 B. and 5 K. 
 
 71. On pens the rule commands that one should take as internal 
 tax that is to say 11 B. and 5 K. per hundred. 
 
Translations and Reprints 
 
 FROM THE 
 
 ORIGINAL SOURCES OF EUROPEAN HISTORY. 
 Vol. IIL Period of the Later Reformation. No. 3. 
 
 TABLE OF CONTENTS, 
 
 PAGE 
 
 I. The Abdication of Charles V. 
 
 1. Speech of Charles V. at Brussels, 2 
 
 2. The Ivibrary of Charles V. at San Yuste, 4 
 
 3. The Gold of the Indies — 1559, 5 
 
 4. Revenues of the King of Spain — 1559,. ...... 6 
 
 II. The Genevan Reformation. 
 
 1. Predestination, 7 
 
 2. Extract from the Genevan Catechism of 1541, ... 8 
 
 3. Decision of Consistory in Case of Heretical Practices, 9 
 
 4. Selections from Ordinances for the Regulation of the 
 
 Churches Dependent upon the Signory of Geneva, 
 
 1547, . • 10 
 
 5. Extract from Ecclesiastical Ordinances of 1561, . . 11 
 
 6. Complaint of Nicholas de la Fontaine against Servetus, 12 
 
 III. The Reformation in France. 
 
 1. The People of France — 1558, 16 
 
 2. The French Propositions, 19 
 
 3. The Colloquy of Poissy, 23 
 
 4. Death ofColigny, 24 
 
 5. The Articles of the League, 26 
 
 6. French Political Verses of the i6th Century, .... 28 
 
 7. Extracts from the Edict of Nantes, 30 
 
TEANSLATIONS AND REPEINTS. 
 
 I. THE ABDICATION OF CHARLES V. 
 
 I. SPEECH OF CHARLES V. AT BRUSSELS. 
 
 Migne : Charles Quint : son abdication, son sejour et sa mort au monastere 
 de Yuste, pp. 93-98, French. 
 
 Although Philibert has fully explained to you, my frieuds, the 
 causes which have determined me to surrender these states and leave 
 them to my son Don Philip, in order that he may possess and rule 
 them, yet I wish to say certain things with my own mouth. You will 
 remember that upon the 5th of February of this year there had elapsed 
 forty years since my grandfather the emperor Maximilian, in the same 
 place and at the same hour declared my majority at the age of fifteen, 
 withdrew me from the guardianship under which I had remained up to 
 that time and made me master of myself. The following year, which was 
 my sixteenth, king Ferdinand died, my mother's father and my grand- 
 father, in the kingdom over which I then commenced to reign, because 
 my beloved mother, who has but lately died, was left, after the death of 
 my father, with disordered judgment and never sufficiently recovered 
 her health to become mistress of herself. 
 
 At that time I went to Spain, by way of the sea. Soon came the 
 death of my grandfather Maximilian, in my 19th year, and although I 
 was still young they conferred upon me in his stead the imperial dignity. 
 I had no inordinate ambition to rule a multitude of kingdoms, but merely 
 sought to secure the welfare of Germany, to provide for the defence of 
 Flanders, to consecrate my forces to the safety of Christianity against the 
 Turk and to labor for the extension of the Christian religion. But 
 although such zeal was mine, I was unable to show so much of it as I might 
 have wished, on account of the troubles raised by the heresies of Luther 
 and the other innovators of Germany, and on account of serious war into 
 which the hostility and envy of neighboring princes had driven me, and 
 from which I have safely emerged, thanks to the favor of God. 
 
 This is the fourth time that I go to Spain, there to bury myself. I 
 wish to say to you that nothing I have ever experienced has given me 
 so much pain or rested so heavily upon my soul as that which I experi- 
 ence in parting from you to-day, without leaving behind me that peace 
 and quiet which I so much desired. My sister Mary who in my absence 
 
 1 A full account of the circumstances under which this speech was made will 
 be found in Motley's "Rise of the Dutch Republic," Vol. I. Cap. I. 
 
SPEECH OF CHARLES V. 3 
 
 has governed you so wisely aud defended you so well, has explained to 
 you, in the last assembly, the reasons for my determination. I am no 
 longer able to attend to my affairs without great bodily fatigue and con- 
 sequent detriment to the affairs of the state. The cares which so 
 great a responsibility involves ; the extreme dejection which it causes ; 
 my health already ruined ; all these leave me no longer the strength 
 sufficient for governing the states which God has confided to me. The 
 little strength that remains to me is rapidly disappearing. So I should 
 long ago have put down the burden, if my son's immaturity and my 
 mother's incapacity had not forced both my spirit and my body to sus- 
 tain its weight until this hour. 
 
 The last time that I went to Germany I had determined to do what 
 you see me do to-day, but I could not bring myself to do it when I saw 
 the wretched condition of the Christian state, a prey to such a multitude 
 of disturbances, of innovations, of singular opinions as to faith, of worse 
 than civil wars, and fallen finally into so many lamentable disorders. I 
 was turned from my purpose because my ills were not yet so great, and 
 I hoped to make an end of all these things and restore the peace. In 
 order that I might not be wanting in my duty I risked my strength, my 
 goods, my repose and my life for the safety of Christianity and the defence 
 of my subjects. From this struggle I emerged with a portion of the 
 things I desired. But the king of France and certain Germans, failing 
 to preserve the peace and amity they had sworn, marched against me 
 and were upon the point of seizing my person. The king of France took 
 the city of Metz, and I, in the dead of winter, exposed to intense cold, in 
 the midst of snow and blood, advanced with a powerful army raised at 
 my own expense to retake the city and restore the Empire. The Ger- 
 mans saw that I had not yet laid aside the imperial crown and had no 
 disposition to allow its majesty to be diminished. 
 
 I have carried out what God has permitted, since the outcome of 
 our efforts depends upon the will of God. We human beings act accord- 
 ing to our powers, our strength, our spirit, and God awards the victory 
 and permits defeat. I have ever done as I was able, and God has aided 
 me. I return to Him boundless thanks for having succored me in my 
 greatest trials and in all my dangers. 
 
 To-day I feel so exhausted that I should not be of any aid to you, 
 as you see yourselves. In my present state of dejection and weakness, I 
 should have to render a great and serious account to God and man, if I 
 did not lay aside authority, as I have resolved to do, since my son, king 
 
4 TRANSLATIONS AND REPEINTS. 
 
 Philip, is of an age sufficiently advanced to be able to govern you, and 
 he will be, I hope, a good prince to all my beloved subjects. 
 
 I am determined then to retire to Spain, to yield to my son Philip 
 the possession of all my states, and to my brother, the king of the Romans, 
 the Empire. I particularly commend to you my son, and I ask of you 
 in remembrance of me, that you extend to him the love which you have 
 always borne towards me ; moreover I ask you to preserve among your- 
 selves the same affection and harmony. Be obedient towards justice, 
 zealous in the observance of the laws, preserve respect for all that merits 
 it, and do not refuse to grant to authority the support of which it stands 
 in need. 
 
 Above all, beware of infection from the sects of neighboring lands. 
 Extirpate at once the germs, if they appear in your midst, for fear lest 
 they may spread abroad and utterly overthrow your state, and lest you 
 may fall into the direst calamities. As to the manner in which I have 
 governed you I confess that I have been more than once deceived, led 
 astray by the inexperience of youth, by the hasty conclusions of young 
 manhood, or by some other fault of human weakness. Nevertheless I 
 make bold to assert, that never of my knowledge or by my will has 
 wrong or violence been done to any of my subjects. If then any can 
 complain of having suffered such, I aver that it is unknown to me and 
 against my will : I declare before all the world that I regret it from the 
 bottom of my heart, and I beseech all present, and those who are not 
 here as well, to wish me well and to pardon me. 
 
 2. THE LIBRAE Y OF CHARLES V. AT SAN YUSTE. 
 Migne : Charles Quint: son abdication etc., pp. 217-218. French. 
 
 The Almagestus, the great astronomical work of Ptolemy. 
 The Imperial Astronomy, by Santa Cruz, who had given lessons in 
 mathematics to Charles V. 
 
 Caesar's Commentaries, in Italian^ [Tuscan]. 
 
 1 Charles V. was not proficient in Latin. This study had been neglected pur- 
 posely by his instructors, as inconsistent with the purposes of the prince's future 
 career. The Emperor in 1550 commenced to write his own ''Commentaries." It 
 is likely that the manuscript was destroyed by Philip II. after the Emperor's death. 
 
LIBRARY OF CHARLES V. AT SAN YUSTE. 5 
 
 History of Spain, ancient and mediaeval, edited by Florian de 
 Ocarapo. 
 
 The "Consolations" of Boettiius, of which there were several copies, 
 in French, Italian and Latin. 
 
 Commentaries upon the Grerman War, by the Grand Commander 
 of Alcantara.^ 
 
 Caballero Determinado, a poetical romance.^ 
 
 Meditations of St. Augustine and two other books of pious medita- 
 tions. 
 
 The works of Doctor Constantin Ponce de la Fuente,® and of Father 
 Pedro de Soto upon Christian Doctrine. 
 
 Sum of Christian Mysteries, by Titleman. 
 
 Two breviaries, a missal, two illuminated psaltei-s, the commentary 
 of Father Thomas de Portocarrero upon the Psalm; ''In te, Domine, 
 eperavV 
 
 Selected prayers from the Bible. 
 
 3. THE GOLD OF THE INDIES 1559- 
 
 Michele Soriano : Relazione di Spagna. Ed. Alb^ri, I.-3. pp. 342-343. Italian. 
 
 From New Spain are obtained gold and silver, cochineal, (little in- 
 sects like flies,) from which crimson dye is made, leather, cotton, sugar 
 and other things ; but from Peru nothing is obtained except minerals. 
 The fifth part of all that is produced goes to the king, but since the gold 
 and silver is brought to Spain and he has a tenth part of that which goes 
 to the mint and is refined and coined, he eventually gets one-fourth of the 
 whole sum, which fourth does not exceed in all four or Ave hundred 
 thousand ducats, although it is reckoned not alone at millions, but at 
 
 ^The war of 1546-7. This work had a particular interest for Charles V. It 
 had been written almost from his dictation by Luis de Avila y Zuniga, translated 
 into Latin by van Male and extensively circulated both in French and Italian. 
 
 2 This poetical romance was originally written in French by Olivier de la Marche, 
 to commemorate the adventurous life of Charles le Temeraire, great-grandfather 
 of Charles V. The Emperor made a great part of it into Castilian rhyme, and the 
 translation was finished by Fernand de Acuna. The copy at San Yuste was the 
 Spanish translation, printed in 1555 by Jean Sleitz, at Antwerp. 
 
 3 Whose bones and effigy were afterwards burned at an auto-da-fe in Seville, 
 October, 1559, upon the occasion of the marriage of Philip 11. with Isabella of 
 France. 
 
6 TRANSLATIONS AND REPRINTS. 
 
 millions of pounds.^ Nor is it likely that it will long remain at this 
 figure, because great quantities of gold and silver are no longer found 
 upon the surface of the earth, as they have been in past years ; and to 
 penetrate into the bowels of the earth requires greater effort, skill and 
 outlay, and the Spaniards are not willing to do the w^ork themselves, and 
 the natives cannot be forced to do so, because the Emperor has freed them 
 from all obligation of service as soon as they accept the Christian religion. 
 AVherefore it is necessary to acquire negro slav^, who are brought from 
 the coasts of Africa, both within and without the Straits, and these are 
 selling dearer every day, because on account of their natural lack of 
 strength and the change of climate, added to the lack of discretion upon 
 the part of their masters in making them work too hard and giving them 
 too little to eat, they fall sick and the greater part of them die. ^ 
 
 4. REVENUES OF THE KING OF SPAIN 1559- 
 
 M. Soriano : Relazione, etc., I-3. pp. 363-364. Italian. 
 
 From these his realms his majesty receives every year an income 
 of five millions of gold in times of peace :^ one and one-half millions from 
 Spain ; a half-million from the Indies ; one from Naples and Sicily, and 
 another from Flanders and the Low Countries. But his expenses are 
 six millions, and this excess is covered by extraordinary taxes according 
 to his pleasure, whence it appears that he could control only a small 
 
 ^According to Humboldt, Nouvelle-Espagne, IV. p. 562, the annual export of 
 gold from America to Europe, between 1500 and 1545 amounted to 3,000,000 
 piasters ; from 1545 to 1600, to 11,000,000 piasters. 1545 was the date of the 
 opening of the Potosi mines. Ranke (Fiirsten und Volker, I, 347 ff.) estimates the 
 amount introduced into Spain, about 1525, at not much over 2,000,000 francs, and 
 after 1550, at six times as much. 
 
 '■^ Earlier, in 1532, Niccolo Tiepolo, Ambassador to Charles V, writes concerning 
 the Indies : "It is impossible to say anything certain about the Indies, because the 
 income they afford varies greatly, so that in some years it has amounted to 150,000 
 ducats, and in other years it has not exceeded 30,000 ducats, and in this way it is 
 more or less, according as there is brought from there in ships more or less gold and 
 other minerals, which pay one-fifth to the crown : but the average income, one 
 year with another, might be put at about 150,000 ducats." A Venetian ducat was 
 estimated to be about 2^ francs. 
 
 '•' In later years, when Philip's expenses, owing to his gi-eat projects, were some 
 fourteen millions, although greater revenues were extracted from his realms, a con- 
 siderable part of this outlay was covered by loans, obtained, so the Venetians relate, 
 at high rates of interest, even at 24 per cent. 
 
PREDESTINATION. 7 
 
 amount of money for special undertakings, since he consumes for his 
 ordinary needs everything that he derives from his realms. But looked 
 at from another point of view, the Emperor, his father, although he had 
 the same burdens, was nevertheless able to carry on extensive wars and 
 enterprises in Italy and outside of Italy, both by land and sea, and the 
 same king was able in these later years to maintain great armies in 
 Flanders, in Piedmont, in Lombardy and in the kingdom, and many 
 soldiers in Africa against the Turk. So that we may calculate that he 
 spent more than ten millions of gold ; wherefore it may be put down as a 
 fact that although expenses may exceed income, yet a way is not wanting 
 to great princes, whereby they may find large sums of money in times of 
 great need, particularly in the case of the king of Spain, not so much on 
 account of the mines which are found in Spain and the Indies, of which 
 the Spanish nation, according to its custom, makes no great account, as 
 from the fact that he has so many states and so many subjects and nearly 
 all are rich, and from them he has had so much aid, not through force 
 or violence, but for the most part with common consent of the people, 
 persuaded that public and private interest demanded such a policy. 
 
 It would appear that the great results which the Spaniards have 
 accomplished are not to be ascribed to the financial strength derived from 
 the mines, because you see on one side France and the Turk, extremely 
 rich without mines, and on the other the Emperor, with more mines in 
 his realms that all the rest of Europe possesses, always in need. 
 
 II. THE GENEVAN REFORMATION. 
 
 I. PREDESTINATION. 
 
 J, Calvin : Institutio Religionis Christianae, Liber III, Cap, XXI, §7. Latin. 
 The works of John Calvin have been translated into English and published by 
 the Calvin Translation Society in forty-seven volumes. Edinburgh, 1844- 1854. 
 
 Therefore we say that the scripture shows that God, by His eternal 
 and immutable counsel once for all determined both those whom He 
 desired one day to admit to salvation and those whom He would give 
 back to destruction. We affirm that this counsel as to the elect is founded 
 upon His gratuitous mercy, without any respect to human merit : but to 
 those whom He has handed over to damnation, by His just and blame- 
 less though incomprehensible judgment, the way of life is closed. 
 
 In the case of the elect we regard calling ^ as an evidence of election. 
 
 ^Vocationem, 
 
8 TRANSLATIONS AND REPRINTS. 
 
 and justification another token of its manifestation, until they arrive in 
 glory, where its fulness shall be found. Just as God seals His elect by 
 calling and justification so by shutting out the rejected ones either from 
 the knowledge of His name or the sanctification of His spirit He makes 
 known to them the judgment that awaits them, 
 
 2. EXTRACT FROM THE GENEVAN CATECHISM OF 1 54 1. 
 
 J. Calvin : Opera quae omnia supersunt. Ed, Baum, Cunitz and Reuss, Vol. 
 VI, pp. 127-130 French (and Latin). 
 
 The Genevan Catechism was first published in French in 1536, in Latin in 
 1538, (videy. Calvi?i: Opera etc., Vol, V, pp, 313-362,) A later arrangement 
 was in French, 1541 ; Latin, 1545. In regard to the successive versions and their 
 extensive circulation Theodore de Beze, in his life of Calvin, writes as follov/s : 
 "Calvin also wrote a catechism in French and Latin, not at all differing from the 
 former one, but much enlarged and in the form of question and answer. This may 
 well be termed an admirable work, and has been so much approved in foreign 
 countries that it has not only been translated into a great number of living languages, 
 such as German, English, Scotch, Flemish and Spanish, but also into Hebrew by 
 Emanuel Tremmellius, a Christian Jew, and most eloquently into Greek by Henry 
 Stephen," 
 
 It is to be noted that Beze records that Calvin's doctrinal statements suffered no 
 modification as the movement of which he was the head, progressed. In this 
 respect his intellectual history differed widely from that of the Wittenberg reformer. 
 
 Concerning the Lord's Supj^er. 
 
 The minister. Have we in the supper simply a signification of the 
 things above mentioned, or are they given to us in reality ? 
 
 The child. Since Jesus Christ is truth itself there can be no doubt 
 that the promises he has made regarding the supper are accomplished, 
 and that what is figured there is verified there also. Wherefore accord- 
 ing as he promises and represents I have no doubt that he makes us 
 partakers of his own substance, in order that he may unite us with 
 him in one life. 
 
 The minister. But how may this be, when thebody of Jesus Christ 
 is in heaven, and we are on this earthly pilgrimage? 
 
 The child. It comes about through the incomprehensible power of 
 his spirit, which may indeed unite things widely separated in space. 
 
 The minister. You do not understand then that the body is enclosed 
 in the bread, or the blood in the cup? 
 
 The child. No. On the contrary, in order that the reality of the 
 sacrament be achieved our hearts must be raised to heaveu, where Jesus 
 Christ dwells in the glory of the Father, whence we await him for our 
 
DECISION OF CONSISTORY. 9 
 
 yedemption ; and we are not to seek him in these corruptible elements. 
 
 The minider. Yon understand then that there are two things in 
 this sacrament : the natural bread and wine, which we see with the eye, 
 touch with the hand and preceive with the taste ; and Jesus Christ, 
 through whom our souls are inwardly nourished? 
 
 The child. I do. In such a way moreover that we have there 
 the very w^itness and so to say a pledge of the resurrection of our bodies ; 
 since they are made partakers in the symbol of life. 
 
 3. DECISION OF CONSISTORY IN CASE OF HERETICAL PRACTICES. 
 
 J. Calvin : Opera quae omnia supersunt. Ed. Baum, Cunitz and Reuss. Vol. 
 XXI, p. 387. French. 
 
 The following fragments, numbered 3, 4 and 5, may seem to afford a milder 
 view of the Crenevan government than has been commonly accepted. It is believed 
 however, that they represent more accurately the average activity of the organs of 
 the Genevan state, than the exceptional cases which appear in the narratives of most 
 historians of the Reformation. It was only after all gentler methods had proven 
 meffective, or where the aggressor received the support of one of the factions that 
 were seeking to destroy the state, that a resort was had to measures of violence. 
 
 Tuesday' 31} Consistory. The sister of Sr. Curtet, Lucresse, to 
 whom remonstrance have been made on account of her going with cer- 
 tain monies to have ma^es said at Nessy^ by the monks of St. Claire. 
 Questioned whether she has no scruples as to what she says. Replied 
 that her father and mother have brought her up to obey a different law 
 from the one now in force here : however she does not despise the present 
 law. Asked as to when was the festival of St. Felix, she replied that it 
 was yesterday. • Asked if she had not fasted, she replied that she fasted 
 when it pleased her. Asked if she did not desire to pray to a single 
 God ; said that she did. Asked if she did not pray to St. Felix ; said 
 that she prayed to St. Felix and other saints who interceded for her. 
 She is very obstinate. Decision that she be sent to some minister of her 
 choice every sermon day and that the Lord's supper be withheld from 
 her. Calvin present 
 
 1 August, 1546. 
 * Annecy (?) 
 
lO TRANSLATIONS AND REPRINTS. 
 
 4. SELECTIONS FROM ORDINANCES FOR THE REGULATION OF THE 
 CHURCHES DEPENDENT UPON THE SIGNORY OF GENEVA-^ 1 547.^ 
 J. Calvin : Opera, Vol, X, p. 51 et seq. French. . 
 
 Concerning the Times of Assembling at Chureh. 
 That the temples be closed for the rest of the time, - in order that 
 no one shall enter therein out of hours, impelled thereto by superstition ; 
 and if anyone be found engaged in any special act of devotion therein or 
 near by he shall be admonished for it : if it be found to be of a supersti- 
 tious nature for which simple correction is inadequate then he shall be 
 chastised. 
 
 Blasphemy. 
 Whoever shall have blasphemed, swearing by the body or by the 
 blood of our Lord, or in similar manner, he shall be made to kiss the 
 earth for the first offence ; for the second to pay 5 sous, and for the third 
 6 sous, and for the last ofience be put in the pillory for one hour. 
 
 Drunkenness. 
 
 1. That no one shall invite another to drink under penalty of 3 
 sous. 
 
 2. That taverns shall be closed during the sermon, under penalty 
 that the tavern-keeper shall pay 3 sous, and w^hoever may be found 
 therein shall pay the same amount. 
 
 3. , If anyone be found intoxicated he shall pay for the first offence 
 3 sous and shall be remanded to the consistory ; for the second offence he 
 shall be held to pay the sum of 6 sous, and for the third 10 sous and be 
 put in prison. 
 
 4. That no one shall make roiaumes^ under penalty of 10 sous. 
 
 So7igs and Dances. 
 If anyone sing immoral, dissolute or outrageous songs, or dance the 
 virollet or other dance, he shall be put in prison for three days and 
 then sent to the consistory. 
 
 Usury. 
 That no one shall take upon interest or profit more than five per 
 
 ^ The group of ordinances from which the following examples are taken was 
 intended for the village churches in the territory of Geneva. 
 
 '-^Referring to ordinances regulating the holding of religious services. 
 ■^ "Grandes fetes." Godefroy. 
 
ECCLESIASTICAL ORDINANCES OF 1 56 T. It 
 
 cent., upon penalty of confiscation of the principal and of being con- 
 demned to make restitution as the case may demand. 
 
 Games. 
 That no one shall play at any dissolute game or at any game 
 whatsoever it may be, neither for gold nor silver nor for any excessive 
 stake, upon penalty of 5 sous and forfeiture of stake played for. 
 
 5. EXTRACTS FROM ECCLESIASTICAL ORDINANCES OF 1 56 1. 
 J. Calvin : Opera, Vol. X. pp. 107-108. French. 
 
 How soon marriage must be consummated after the promise is made. 
 
 After the promise is made the marriage shall not be deferred more 
 
 than six weeks ; otherwise the parties shall be called before the consistory, 
 
 in order that they may be admonished. If they do not obey they shall 
 
 be remanded to the council and be constrained to celebrate the marriage. 
 
 Banns and Conditions. 
 
 That the banns shall be published three Sundays in the church 
 prior to the marriage, having first received the signature of the chief 
 syndic as a certificate of recognition of the parties ; in such a way, how- 
 ever, that the marriage may take place at the third publication, and if 
 one of the parties be resident in another parish there shall be also a 
 certificate from the said place. 
 
 Concerning the Celebration of the Marriage. 
 
 That the parties at the time when they are to be married shall go 
 modestly to the church, without drummers and minstrels, preserving an 
 order and gravity becoming to Christians ; and this before the last stroke 
 of the bell, in order that the marriage blessing may be given before the 
 sermon. If they are negligent and come too late they shall be sent 
 away. 
 
 Of the Common Residence of Husband and Wife. 
 
 That the husband shall have his wife with him and they shall live 
 in the same house, maintaining a common household, and if it should 
 happen that one should leave the other to live apart they shall be sum- 
 moned in order that they may be remonstrated with and constrained to 
 -return, the one to the other. 
 
12 TEANSLATIONS AND EEPKINTS. 
 
 6. COMPLAINT OF NICHOLAS DE LA FONTAINE AGAINST SERVETUS. 
 
 Process of 14 August, 1353, before the Lesser Council of Ge^ieva. 
 J. Calvin : Opera. Vol. XIII, pp. 727-731. French. 
 Among the possible reasons which prevented Calvin from appearing personally 
 against Servetus there was one which must have seemed of itself sufficient. The 
 laws regulating criminal actions in Geneva required that in certain grave cases the 
 complainant himself should be incarcerated pending the trial. Calvin's delicate 
 health and his great and constant usefulness in the administration of the state ren- 
 dered a prolonged absence from the public life of Geneva impracticable. 
 
 Nevertheless Calvin is to be regarded as the author of the prosecution, and in 
 this and in the subsequent burning of Servetus his course met the approval of the 
 most advanced theologians of the time. The idea that diverse religious views 
 might be tolerated in the same political area made little headway during the six- 
 teenth century. The Peace of Augsburg and the Edict of Nantes are evidences 
 of this. In so far, however, as a broader concept was beginning to make its way, its 
 beginnings are not to be sought in the minds of those v/ho were sharpening their 
 prejudices with acrimonious doctrinal disputation : and even when a glimmering 
 of the modern solution appears, as in the public utterances of Chancellor L'Hopital, 
 its expression seems to have evoked no favorable response. 
 
 Nicholas de la Fontaine ^ asserts that he has instituted proceedings 
 
 against Michael Servetus and on this account he has allowed hi^nself 
 
 to be held prisoner in criminal process. 
 
 1. I.^ In the first place that about twenty-four years ago the de- 
 fendant commenced to annoy the churches of Germany with his errors 
 and heresies, and was condemned and took to flight in order to escape the 
 punishment prepared for him.^ 
 
 2. II. Item, that on or about this time he printed a wretched book, 
 which has infected many people.* 
 
 3. III. Item, that since that time he has not ceased by all means 
 in his power to scatter his poison, as much by his construction of bibli- 
 cal text, as by certain annotations which he has made upon Ptolemy. 
 
 4. IV. Item, that since that time he has printed in secrecy another 
 book containing endless blasphemies.^ 
 
 1 Nicholas de la Fontaine was a refugee in Geneva and entered the service of 
 Calvin, by whom he was employed as secretary. 
 
 '^ There were as originally conceived forty articles, but prior to the presentation 
 the number was reduced to thirty-eight, and both sets of numerals, Roman and 
 Arabic, are preserved in the original document. 
 
 ^ It is impossible to substantiate this accusation except in so far as it may be 
 justified in the publication of a book : De Trinitatis Erroribus, I53i' 
 
 * Dialogormn de Trinitate, 1532. 
 
 ^ Christianismi Restitutio, 1533. 
 
COMPLAINT AOAINST SERVETUS. 1 3 
 
 5. V. Item, that while detained in prison in the city of Vienne, 
 when he saw that they were willing to pardon him on condition of his 
 recanting, he found means to escape from prison. 
 
 VI. Said Nicholas demands that said Servetus be examined upon 
 all these points. 
 
 VII. And since he is able to evade the question by pretending 
 that his blasphemies and heresies are nought else than good doctrine, said 
 Nicholas proposes certain articles upon which he demands said heretic 
 be examined. 
 
 6. VIII. To wit, whether he has not written and falsely taught 
 and published that to believe that in a single essence of God there are 
 three distinct persons, the Father, the Son, and the Holy Ghost, is to 
 create four phantoms, which cannot and ought not to be imagined. 
 
 7. IX. Item, that to put such distinction into the essence of God 
 is to cause God to be divided into three parts, and that this is a three- 
 headed devil, like to Cerberus, whom the ancient poets have called the 
 dog of hell, a monster, and things equally injurious. 
 
 8. X. Item, whether he has not maintained such blasphemies 
 most injuriously, as much against the ancient doctors, such as St. Ambrose, 
 St. Augustin, Chrysostom, Athanasius and the like as against all those 
 w^ho sought in our times to elevate Christianity, even to calling Melanc- 
 thon a man without faith, son of the Devil, Belial and Satan. 
 
 9. XI. Item., whether he does not say that our Lord Jesus Christ 
 is not the Son of God, except in so much as he was conceived of the Holy 
 Ghost in the womb of the virgin Mary. 
 
 10. XII. Item, that those who believe Jesus Christ to have been 
 the word of God the Father, engendered through all eternity, have a 
 scheme of redemption which is fanciful and of the nature of sorcery. 
 
 11. XIII. Item, that Jesus Christ is God, insomuch as God has 
 caused him to be such. 
 
 12. XIV. Item, that the flesh of Jesus Christ came from heaven 
 and from the substance of God. 
 
 13. XV. Item, that divinity was imparted to Jesus Christ only 
 when he was made man, and afterwards spiritually communicated to the 
 apostles on the day of Pentecost. 
 
 14. XVI. Item, that when it is said that Jesus Christ is of the 
 same essence as his Father, it is the same as saying that in this man Jesus 
 Christ there is the same Trinity, power and will as with God, and not 
 that the word of God dwells and subsists in his essence. 
 
14 TRANSLATIONS AND REPRINTS. 
 
 15. XVII. Ji5e7n, whether he does not condemn those who seek in 
 the essence of God His holy spirit, saying that all those who believe in 
 the Trinity are atheists.^ 
 
 16. XVIII. Item, that those who believe in any distinction of 
 property in the essence of God dissipate His nature and reduce it to 
 fragments. 
 
 17. XIX. Item, that the word of God is no other thing than the 
 flesh of Jesus Christ. 
 
 18. XX. Item, that the flesh of Jesus Christ was engendered, 
 out of the substance of God by a word which he calls "seminal." 
 
 19. XXL That the essence of the flesh and of the soul of Jesus 
 Christ is the divinity of this word and - of the breath which God has 
 breathed forth. 
 
 20. XXII. Item, that if Jesus Christ were the Son of God other- 
 wise than on account of his humanity, because that is engendered out of 
 the substance of God, then he would not be really dead. For if he is 
 dead he is no longer the Son of God. 
 
 21. XXIII. Item, that when St. John says that the word was in 
 God, it is the same as saying that the man Jesus Christ was there. 
 
 22. XXIV. Item, that the essence of the angels and of our souls 
 is of the substance of God. 
 
 23. XXV. Item, that the substance of Jesus Christ is that which 
 was in the skies, and that this is the same substance whence proceed the 
 angels and our souls. 
 
 24. XXVI. Item, instead of conferring three persons in the es- 
 sence of God, or three hypostases which have each His property, he says 
 that God is a single entity, containing one hundred thousand essences, so 
 that He is a portion of us, and that we are a portion of His spirit. 
 
 25. XXVII. Item, in consequence whereof not alone the models 
 of all creatures are in God, but also the material forms, so that our 
 souls are of the substantial seed of the word of God. 
 
 26. XXVIII. Item, that Jesus Christ is the Son of God because 
 he has the elements of the substance of the Father, to wit : Are, air and 
 water. 
 
 1 Servetus in the third interrogatory replies to this that he does not apply the term 
 atheist to those who believe in the Trinity, "but those who disguise it as some- 
 thing which it is not, that is to say, those who make a real distinction in the divine 
 essence, for these in dividing God remove the unity of the divine essence," Calvin 
 insisted that the distinction was a real one. 
 
COMPLAINT AGAINST SERVETUS. I5 
 
 27. XXIX. Item, that the soul of man is mortal, and that the 
 only thing which is immortal is an elementary breath, which is the sub- 
 stance that Jesus Christ now possesses in heaven and which is also the 
 elementary and divine and incorruptible substance of the Holy Ghost. 
 
 28. XXX. Item, that the Fathers under the Law have never 
 received the spirit of regeneration. 
 
 29. XXXI. Item, that by the sin of Adam the soul of man as 
 well as the body was made mortal. 
 
 30. XXXII. Item, that little children are sinless, and moreover 
 are incapable of redemption until they come of age. 
 
 31. XXXIII. Itein, that they do not commit mortal sin up to 
 the age of twenty. 
 
 32. XXXIV. Item, that the baptism of little children is an in- 
 vention of the Devil, an infernal falsehood tending to the destruction of 
 all Christianity. 
 
 33. XXXV. Item, that the word of God is no longer that which 
 it was before the incarnation of Jesus Christ, because its substance w^as 
 the clearness of the skies and is now made flesh. 
 
 34. XXXVI. Item, that however much he confesses that the 
 philosophers have erred in saying that the word was Grod Himself, he says 
 that Jesus Christ, insomuch as he is a man, was always in God and that 
 from Him is the divinity of the world, 
 
 35. XXXVII. Item, that the air is the Spirit of God and that 
 God is called Spirit, because He breathes life in all things by His spirit 
 of air. 
 
 36. XXXVIII. Item, the soul of man insomuch as it possesses 
 many divine properties is full of an infinity of Gods. 
 
 37. XXXIX. Item, that in the person of Msr. Calvin, minister of 
 the word of Grod in the Church of Geneva, he has defamed with printed 
 book the doctrine which he preached, uttering all the injurious and blas- 
 phemous things which it is possible to invent. 
 
 38. XL. And because he knows well that his said book could 
 not be tolerated even among Papists, insomuch as it destroyed all the 
 foundations of Christianity, therefore he hid himself at the house of 
 William Guerou, at that time proof corrector, as said Guerou has testified. 
 
 39. Said Nicholas demands that the said Servetus should be com- 
 pelled to respond as to the fact of the articles here presented, without 
 entering into dispute as to whether the doctrine is true or not, because 
 that will appear later on. 
 
1 6 TKANSLATIONS AND REPRINTS. 
 
 In the articles of the Procureur General are to be found several chargfes not 
 incorporated in the complaint of Nicholas de la Fontaine. Among these are the 
 following : 
 
 18. Item, whether he has married, and if he answers that he has 
 not, he shall be asked why, in consideration of his age, he could refrain 
 so long from marriage. 
 
 21. Item, whether he did not know that his doctrine was pernicious, 
 considering that he favors the Jews and Turks, by making excuses for 
 them, and if he has not studied the Koran in order to disprove and con- 
 trovert the doctrine and religion that the Christian churches hold, together 
 with other profane books, from which people ought to abstain in matters 
 of religion, according to the doctrine of St. Paul. 
 
 22. Item, whether the said book Koran is not a bad book, full of 
 blasphemies. 
 
 III. THE REFORMATION IN FRANCE. 
 
 I. THE PEOPLE OF FRANCE 1 558. 
 
 Relazione de Giovanni Sorano. Ed. Alberi. 1,-2., pp. 406-409. Italian. 
 
 The Reports of the Venetian Ambassadors offer an invaluable source of infor- 
 mation regarding the affairs of Europe during the sixteenth century. They differ 
 in character from the French accounts of the time, in which the interest of the 
 narrator was centred principally upon the political activity of individuals. With 
 the growing tendency to discover the economic facts that underlay and actuated this 
 individual activity the Venetian Relations are likely to enjoy an increasing share 
 of the attention of students. 
 
 The inhabitants of the kingdom are divided into four classes of per- 
 sons, viz : nobles ; men of the long robe ; peasantry ; and clergy. The no- 
 bles, under which designation are included lords and princes, do not 
 dwell in the cities, but in the villages, in their castles, and for the most 
 part give little attention to letters, but are either soldiers or follow the 
 court, leaving the management of the house and the revenues to their 
 wives. 
 
 The French are, generally speaking, suspicious, high spirited and 
 impatient of restraint, wherefore it is noticeable that in war, after the 
 first dash is over, they are almost useless. They are more liberal away 
 from home than at home ; nevertheless, whoever accommodates himself 
 to their moods will find them for the most part courteous. They avoid 
 
THE PEOPLE OF FRANCE — 1 558. 1 7 
 
 labor in so far as they are able, and above all it is a peculiarity of the 
 Frenchman that he reflects little, and therefore very many of their con- 
 clusions are hastily arrived at ; whence it often happens that they have 
 no sooner finished an undertaking than they perceive its error and repent 
 of it ; but the strength of the kingdom is great enough to overcome all 
 these errors. 
 
 There is no special burden upon the nobility beyond that which 
 arises from their feudal holdings, which is to go to war at their own 
 expense with such a number of horsemen as may be determined by the 
 conditions of their investiture, in default of which they are condemned 
 to pay money, and now the burden has become so great by reason of 
 continued warfare that the nobility of France is seen to be almost wholly 
 impoverished. 
 
 This militia is called the arriere-ban, because those who compose it 
 are the last who are obliged to go to war and are for the defence of the 
 kingdom. They are able to bring out about 16,000 horse, and they do 
 not all come out at one time, but only that part for which an immediate 
 need is felt ; and from the fact that it is a very inferior soldiery, since 
 the lords do not themselves go to war, but send their retainers and these 
 badly equipped, it is understood that the king intends to do away with 
 the obligation to send men to war and substitute a proportionate money 
 payment,* with which he may increase the number of his men-at-arms. 
 
 The second class embraces those who are called men of the long 
 robe, and is divided into two groups. The first, which is the better bred, 
 is made up of those who occupy judicial positions and all the other ofiScials 
 of the palace and those as well who manage the finances and accounts of 
 the king. All these offices his majesty sells for the lifetime of the pur- 
 chaser, and their honor and advantage is so great that they are bought 
 at high prices. They enjoy also many important privileges, as though 
 they were nobles, and easily secure the same for their descendants. 
 
 The other group is that of the merchants, who have personally no 
 way of gaining a share in any sort of distinction, but if they wish to give 
 a certain position to their sons they have them made doctors, whereby a 
 judicial career is open to them equally with the members of the former 
 group ; and it may be said moreover that in them principally the wealth 
 of France is to be found. No special burden is laid upon this class 
 beyond the maintenance of 50,000 infantry for four months, for the 
 defence of the kingdom in time of war, which contribution has been for 
 some time so modified that all the inhabitants of the cities and other 
 
1 8 TRANSLATIONS AND REPRINTS. 
 
 walled places now contribute to it. But because the greater part of 
 these who have offices from the king are exempt by special privilege the 
 burden has come to rest wholly upon those who are least able to bear it. 
 
 The third class is the peasantry, who are extremely poor, principally 
 on account of the heavy taxes which they pay to the king, since they 
 are obliged to pay an ordinary taille of four millions of francs ; and also 
 on account of the aides, which amount to six hundred thousand ; in 
 addition to this a million francs to augment the number of men-at-arms; 
 and, outside of all this, in times of war, the taille has at times been 
 increased in amount tw^o millions of francs ; to which burdens those peas- 
 ants alone contribute who w^ork the soil. The assessments are made first 
 upon the provinces, are then distributed by villages, and the peasants 
 arrange the further per capita assessment, each one being responsible for 
 the others, in such a way that the king actually receives the whole 
 amount that he has demanded. 
 
 The fourth class is the clergy, in which are comprised the 117 
 bishoprics, 15 archbishoprics and 1230 abbacies, besides an infinite 
 number of priories and benefices, which altogether amount in value to 
 six million francs of income, and in ordiniary time the king levies upon 
 these an annual tax of four tenths ; and sometimes, in case of war, even 
 up to six tenths. But from the fact that the assessment is made very 
 loosely and upon an estimate of incomes as they existed many years ago, 
 they do not render more than 300,000 francs for each tenth. The dis- 
 position of all these benefices belongs to the king, except in the case of 
 those which become vacant through the death of those prelates who die 
 at the Eoman court, and these belong to the pope. The authority for 
 this disposition was first granted by pope Leo ; then enlarged by Clement 
 and finally confirmed by pope Julius II.; nor shall I omit to say that 
 these benefices are for the most part awarded with little respect for sacred 
 things and by simple favor, or to recompense benefits conferred, with little 
 consideration for the personality of the applicant ; in such a way that 
 whoever has served the king in war or otherwise desires no better thing 
 by way of being rewarded than with benefices ; wherefore it is a common 
 thing to see a man who yesterday was a soldier or merchant, to-day a 
 bishop or abbot : and if he has a wife and cannot assume ecclesiastical 
 garb he is allowed to put his benefice under the name of another and 
 retain the revenues for himself And it is on this account, as well as 
 through the evil tendencies of the time, that heresy has increased to such 
 an extent in this realm, that they say there are at present 400,000 
 
THE FRENCH PROPOSITIONS. 1 9 
 
 Lutherans, ^ so united by intercourse and mutual understanding that it 
 is with great difficulty that any method may be found of remedying this 
 state of affairs. 
 
 2. THE FRENCH PROPOSITIONS. 
 
 Paolo Sarpi : Istoria del Concilio Tridentino. Vol. II, pp. 429-431. Italian. 
 
 The French propositions are presented as setting forth the program of the con- 
 servative element which aimed at reform without doctrinal division. The proposi- 
 tions are described as representing the desires of the court party in France, which 
 at this time earnestly desired to arrive at some substantial bases of national religious 
 union. The propositions were offered to the council of Trent in 1563, but had 
 little influence upon the decisions of that body. Contemporary writers have 
 expressed their doubts of the vigor exhibited by the French prelates in pressing a 
 series of reforms whose adoption would have been so prejudicial to their pecuniary 
 aspirations. 
 
 1. That priests shall not be ordained until of mature years, well 
 recommended by the people, and their merits proven by a good past life ; 
 that their carnal offences shall be punished, and their transgressions, 
 according to the canons. 
 
 2. That the sum of holy orders shall not be conferred in one day 
 or at one time, but that he who is to be ordained to the higher shall first 
 be approved in the low er. 
 
 3. That no priest shall be ordained, to whom is not given at the 
 same time a benefice or ministry, according to the Council of Chalcedon, 
 at which time a presbyterial title without its office was unknow^n. 
 
 4. That due functions shall be restored to deacons and other 
 sacred orders, so that they may not appear to be empty names and 
 merely ceremonial. 
 
 5. That priests and other ministers of the church shall attend to 
 their vocations, and not meddle in any office except in the ministry of 
 God. 
 
 7. That no one shall be made bishop who is not of lawful age, 
 manners and doctrine, that he may teach and give an example to the 
 people. 
 
 6. That no one shall be made a parish priest who is not of approved 
 
 1 In the early period of the religious disturbances in France all adherents to 
 heretical confessions were called Lutherans, whether their inspiration came from 
 Saxony or Switzerland. 
 
20 TRANSLATIONS AND REPRINTS. 
 
 honesty, that he may teach the people, celebrate the sacrifice, admin- 
 ister the sacraments and teach their use and effect upon recipients. 
 
 8. That no one shall be created abbot or conventual prior who 
 has not studied the sacred letters in a university of note, and obtained 
 the master's degree or some other. 
 
 9. That the bishop, of himself or by means of others, as many as 
 are needed, according to the extent of the diocese, shall be obliged to 
 preach every Sunday and Holy Day, in Lent, upon the days of fasting, 
 and in Advent, and always when it is desirable. 
 
 10. That the parish priest shall do the same when there are 
 hearers. 
 
 11. That the abbot and conventual prior shall read the scriptures 
 and found a hospital, in order that the ancient schools and the care of 
 strangers may be restored to the monasteries. 
 
 12. That bishops, parish priests, abbots and other ecclesiastics who 
 are unable to perform their office, shall receive for this purpose coadju- 
 tors or surrender their benefices. 
 
 13. That there shall be ordained concerning the catechism and 
 summary instruction in Christian doctrine that which His Imperial 
 Majesty has proposed to the Council. 
 
 14. That a single benefice shall be conferred upon one person, 
 doing away with the distinction of quality in individuals and the compa- 
 tible and incompatible benefices, new distinctions unknown to the ancient 
 decrees, and the cause of great disturbance in the Catholic church; and 
 the regular benefices shall be given to regular, and the secular benefices 
 to secular clergy. 
 
 15. That whoever at the present time has two or more benefices 
 may retain that one only which he shall choose within a brief period of 
 time ; otherwise he shall incur the penalty of the ancient canons. 
 
 16. That in order to remove all cause of avarice from the sacer- 
 dotal order nothing shall be demanded, under any pretext whatsoever, for 
 the admistration of holy things; but it shall be provided that the curates^ 
 and two or more clerks shall have sufficient for them to live upon and 
 exercise hospitality ; the bishop shall accomplish this by the union of bene- 
 fices, or by assigning tithes for this purpose, or where this is not possible 
 
 ^ Curati, not in the sense of the French cure^ i.e., parish priest ; but assistants 
 to the priest. 
 
THE FRENCH PROPOSITIONS. 21 
 
 the sovereign may make provision by subvention or by collections imposed 
 upon the parishes. 
 
 17. That in the parish masses the gospel shall be clearly expounded 
 with reference to the capacity of the people, and the prayers which the 
 parish priest recites with the people shall be in the vulgar tongue, and 
 when the sacrifice has been finished in Latin public prayers shall also 
 be said in the vulgar tongue, and at the same time, and at other hours, 
 spiritual hymns or psalms of David, approved by the bishop, may be 
 sung. 
 
 18. That the ancient decrees of Leo and Gelasius, for communion 
 under both kinds, be renewed. 
 
 19. That previous to the administration of each sacrament there 
 shall be given an explanation in the vulgar tongue, in order that the 
 ignorant may understand its use and efficacy. 
 
 20. That according to the ancient canons benefices may not be 
 conferred by vicars, but by the bishops themselves, before the expiration 
 of six months, otherwise the collation shall pass to the next higher pre- 
 late and so on to the pope. 
 
 21. That the mandates establishing expectatives, regresses, resig- 
 nations in confidence and commendations shall be revoked, and banished 
 from the church, as contrary to the decrees. 
 
 22. That resignations in favor shall be w^holly done away with in 
 the Roman curia, since they are equivalent to the election or naming of 
 a successor, a thing prohibited by the canons. 
 
 23. That simple priories, from which, contrary to the conditions of 
 their establishment, the cure of souls has been taken away and assigned 
 to a permanent vicar with a small portion of the tithes or other income, 
 shall upon the first vacancy be restored to their former condition. 
 
 24. That in the case of benefices, with which is conjoined no office 
 of preaching or of the administration of sacrifices, or other ecclesiastical 
 burden, some spiritual function shall be assigned by the bishop, with the 
 advice of his chapter, since it is neither right nor permissible that a 
 benefice should exist without its office. 
 
 25. That pensions may not be imposed upon benefices and those 
 so imposed shall be abolished, in order that the ecclesiastical income may 
 be expended for the maintenance of pastors and the poor, and for other 
 pious works. 
 
 26. That ecclesiastical jurisdiction throughout the diocese shall be 
 restored in its entirety to the bishop and all exemptions removed, except 
 
22 TRANSLATIONS AND REPRINTS. 
 
 in case of the heads of orders and monasteries which are subject to them, 
 and those who constitute the general chapters, to whom exemptions are 
 granted by law^ful title ; with this provision however, that they may not 
 be exempted from correction. 
 
 27. That the bishop may not use his jurisdiction nor determine 
 the important affairs of the diocese except with the advice of his chapter ; 
 and the canons shall reside continuously in the cathedral and shall be of 
 good habits, educated and at least twenty-five years of age : for previous 
 to that age, since the law does not concede to them the control of their 
 own goods, they ought not be given as councillors to a bishop. 
 
 28. That the degrees of consanguinity, of affinity and spiritual 
 kinship be observed or reformed anew ; but it shall not be permitted to 
 grant dispensations in these cases except to kings and princes for the 
 public good. 
 
 29. That since many troubles have arisen on account of images 
 the synod shall provide that the people may be taught what they ought 
 to believe concerning them, and that the abuses and superstitions, if any 
 have been introduced into the worship, shall be removed. The same 
 shall be done in the matter of indulgences, pilgrimages, relics of saints, 
 and of companies or confraternities. 
 
 30. That the custom of public and ancient penance for serious and 
 public sins shall be restored to the Catholic church and put in use, and 
 also the custom of fastings and other sorrowful exercises and public 
 prayers, to appease the wrath of God. 
 
 31. That excommunication may not be decreed for any sort of 
 offence or contumacy, but only for the heaviest offences and those in 
 which the offender perseveres after admonition. 
 
 32. That in order to abbreviate or do aw^ay with suits at law con- 
 cerning benefices, with which the whole ecclesiastical order is contam- 
 inated, the distinctions of petitores and possessores, newly invented in 
 these cases, shall be removed ; the nominations of the universities shall 
 be abolished ; the bishop shall be instructed to confer benefices not upon 
 him who seeks but upon him who flees them and is w^orthy ; and the 
 deserving may be known if, after having received his degree from the uni* 
 versity, he shall have employed some time in preaching, with the con- 
 sent of the bishop and the approbation of the people. 
 
 33. That when a suit regarding benefices arises, a steward shall 
 be chosen, and the litigants shall elect arbitrators ; and in case they fail 
 to do so the bishop shall appoint them, and they shall determine the 
 case within six months, without appeal. 
 
THE COLLOQUY OF POISSY. 23 
 
 34. That episcopal synods shall be held at least once a year; 
 provincial synods every third year ; and general synods, unless something 
 shall prevent, every tenth year. 
 
 3. THE COLLOQUY OF POISSY. 
 
 Theodore de Beze. (?) Histoire Ecclesiastique des Eglises Refoimees au Roy- 
 aume de France. Ed. Geneva, (Antwerp) 1580. Vol, I, pp. 449 and 500. 
 French. 
 
 These are the equitable conditions which ive request may be observed 
 in the conference or dispute touching the matter of religion : ^ 
 
 That bishops, abbes and other ecclesiastics shall not be constituted 
 in any way our judges, in view of the fact that they are our opponents. 
 
 That it may please you, sire, to preside at the colloquy, accom- 
 panied by the queen, your mother, tlie king of Navarre and other princes 
 of the blood and notable persons of good life and holy doctrine, who have 
 no interest in the case, in order that good order may be maintained and 
 all strife and confusion avoided. 
 
 That all points of difference may be judged and decided according 
 to the simple word of God, as contained in the Old and New Testament, 
 since our faith can be founded upon this alone, and that where any 
 difficulty arises concerning the interpretation of words, they shall use the 
 Hebrew for the Old and the Greek for the New Testament. 
 
 That two secretaries shall be chosen upon each side, who shall 
 arrange together the subjects of dispute for each day, and their lists shall 
 not be considered as determined until they have been examined and 
 signed by both parties. 
 
 Speech of the king at the opening of the Colloquy, September 9th, 1561. 
 Gentlemen, I have caused you to be assembled from the various 
 places of my realm, in order that you may afford me counsel upon that 
 which my chancellor will propose to you, praying you to put away all 
 passion, that we may arrive at such results as will tend to the repose of 
 all my subjects, to the honor of God, to the clearing of our consciences 
 and to the public peace ; things which I so ardently desire that I have 
 determined that you shall not depart hence, until you have established 
 good order, so that my subjects may henceforth dwell together in peace 
 and unity, which things I hope you may accomplish, and in so doing 
 
 ^ These conditions formed the substance of a petition presented by the Reformed 
 leaders to Charles IX. 
 
24 TEAKSLATIONS AND REPRINTS. 
 
 you will afford me occasion for extending to yon the same protection 
 which the kings my predecessors have accorded you. 
 
 4. DEATH OF COLIGNY. 
 
 Histoire de M. de Thou des choses arrivees de son temps. Paris, 1659. 
 Vol. Ill, pp. 660-662. French. 
 
 Meanwhile Coligny awoke and recognized from the noise that a riot 
 was taking place. Nevertheless he remained assured of the king's good 
 will, of which he was persuaded by his credulity or by Teligny, his son- 
 in-law ; and he believed the populace had been stirred up by the Guises 
 and that quiet would be restored as soon as it w^as seen that soldiers of 
 the guard under the command of Cosseins had been detailed to protect 
 him and guard his property. 
 
 But when he perceived that the noise increased and that some one 
 had fired an arquebuse in the courtyard of his dwelling, then at length 
 conjecturing what it might be, but too late, he arose from his bed and 
 having put on his dressing-gown he said his prayers, leaning against the 
 wall. Labonne held the key of the chamber, and when Cosseins com- 
 manded him in the king's name to open the door he obeyed at once 
 without fear and apprehending nothing. But scarcely was Cosseins in 
 the room when Labonne, who stood in his way, was killed with a dagger- 
 thrust. The Swiss, who were in the courtyard, when they saw this, fled 
 into the house and closed the door, piling against it tables and all the 
 furniture they could find. It was in the first scrimmage that a Swiss was 
 killed with a ball from an arquebuse fired by one of Cosseins' people. 
 But finally the conspirators broke through the door and mounted the 
 stairway, Cosseins, Attin, Corberan de Cordillac, Seigneur de Sarlabous, 
 first captains of the regiment of the guards, Achilles Petrucci of Siena, 
 all armed with cuirasses, and Besme the German, who had been brought 
 up as a page in the house of Guise ; for the duke of Guise was lodged at 
 court, together with the great nobles and others who accompanied him. 
 
 After Coligny had said his prayers with Merlin the minister, he 
 said without any appearance of alarm to those who were present, and 
 almost all were surgeons, for few of them were of his retinue : "I see 
 clearly that which they seek, and I am ready steadfastly to suffer that 
 death which I have never feared and which for a long time past I have 
 pictured to myself I consider myself happy in feeling the approach of 
 death and in being ready to die in God, by whose grace I hope for the 
 
DEATH OF (JOLIGNY. 25 
 
 life everlasting. I have no further need of human succor. Go then from 
 this place, my friends, as quickly as you may, for fear lest you shall be 
 involved in my misfortune, and that some day your wives shall curse 
 me as the author of your loss. For me it is enough that God is here, to 
 whose goodness I commend my soul, which is so soon to issue from my 
 body." After these words they ascended to an upper room whence they 
 sought safety in flight here and there upon the tiles. 
 
 Meanwhile the conspirators, having burst through the door of the 
 chamber, entered, and when Besme, sword in hand, had demanded of 
 Coligny, who stood near the door, "Are you Coligny ?" Coligny replied, 
 "Yes, I am he," with fearless countenance. ,"But you, young man, respect 
 these white hairs. What is it you would do? You cannot shorten by 
 many days this life of mine." As he spoke Besme gave him a sword 
 thrust through the body, and having withdrawn his sword, another thrust 
 in the mouth, by which his countenance was disfigured. kSo Coligny fell, 
 killed with many thrusts. Others have written that Goligny in dying 
 pronounced as though in anger these words : "Would that I at least might 
 die at "the hands of a soldier and not a valet." But Attin, one of the 
 murderers, has reported as I have written, and added that he never saw 
 anyone less afraid in so great a peril, nor die more steadfastly. 
 
 Then the duke of Guise inquired of Besme from the courtyard if the 
 thing were done, and when Besme answered him that it was, the duke 
 replied that the Chevalier d'Angouleme was unable to believe it unless 
 he saw it ; and at the same time that he made the inquiry they threw the 
 body through the window into the courtyard, disfigured as it was with 
 blood. When the Chevalier d'Angouleme, wdio could scarcely believe 
 his eyes, had wiped away with a cloth the blood wdiich overran the face 
 and finally had recognized him, some say that he spurned the body with 
 his foot. However this may be, when he left the house with his followers 
 he said : "Cheer up, my friends ! Let us do thoroughly that w^hich we 
 have begun. The king commands it." He frequently repeated these 
 words and as soon iis they had caused the palace clock to strike, on every 
 side arose the cry "To arms," and the people ran to the house of Coligny. 
 After his body had been insultingly treated in every way, they threw it 
 into a neighboring stable and finally cut ofi" his head, which they sent to 
 Rome. They also cut ofi* his privates and his hands and feet and drag- 
 ged his body through the streets to the bank of the Seine, a thing w^hich 
 he had formerly almost prophesied, although he did not think of any- 
 thing like this. 
 
26 TKANSLATIONS AND REPRINTS. 
 
 As the children were throwing the body into the river, it was dragged 
 out and placed upon the gibbet of Montfaucou, where it hung by the feet 
 in chains of iron ; and then they built a fire beneath, by which he was 
 burned without being consumed ; so that he was, so to speak, tortured 
 with all the elements, since he was killed upon the earth, thrown into 
 the water, placed upon the fire, and finally put to hang in the air. 
 After he had served for several days as a spectacle to gratify the hate of 
 many and arouse the just indignation of many others, who reckoned 
 that this fury of the people would cost the king and France many a 
 sorrowful day, Francois de Montmorency, who was nearly related to 
 the dead man, and still more his friend, and who moreover had escaped 
 in time the danger, had him taken by night from the gibbet by trusty 
 men and carried to Chantilly, where he was buried in the chapel. 
 
 5. THE ARTICLES OF THE LEAGUE. 
 
 P. V. Palma Cayet : Chronologie Novenaire. Ed. Buchon. pp. 8-9. French. 
 
 In the name of the Holy Trinity, Father, Son, and Holy Ghost, our 
 only true God, to whom he glory and honor. 
 
 I. The association of catholic princes, lords and gentlemen is 
 intended to be and shall be formed for the purpose of establishing the 
 law of God in its entirety ; to restore and maintain the holy service of 
 the same according to the form and manner of the holy Catholic Apos- 
 tolic Roman church, abjuring and renouncing all errors to the contrary. 
 
 II. To maintain king Henry, third of this name, by the grace of 
 God, and his successors, very Christian kings, in the state, splendor, 
 authority, duty, service and obedience which are due him from his sub- 
 jects, as is contained in the articles which shall be presented to him at 
 the meeting of the Estates, which he swears and promises to protect at 
 his consecration and coronation, solemnly asserting that he will do nothing 
 prejudicial to that which shall be ordained by the said Estates. 
 
 III. To restore to the provinces of this kingdom and the Estates of 
 the same the ancient rights, prerogatives, franchises and liberties, such as 
 they were in the time of king Clovis, the first Christian king, and still 
 better and more profitable, if such are to be found, under the protection 
 above named. 
 
 IV. In case there be any hindrance, opposition or rebellion against 
 that which has been stated above, let it come from whatsoever source it 
 may, the said associates shall be bound and obliged to make use of all 
 
ARTICLES OF THE LEAGUE. 27 
 
 their possessions and means, and their very selves, even to death, in order 
 to punish, chastise and fall upon those who have sought to constrain and 
 hinder them ; and to see to it that all the provisions above related shall 
 be put into execution in reality and in fact. 
 
 V. In case any of the associates, their subjects, friends and allies 
 should be molested, oppressed and made subject to investigation in the 
 cases above mentioned by any person whatsoever, the said associates 
 shall be bound to make use of their persons, goods and means, for the 
 purpose of obtaining revenge upon those who have been guilty of the 
 said oppressions and annoyances, whether by way of judicial process or by 
 force of arms, making no exception of any person whatsoever. 
 
 VI. If it should come to pass that any of the associates, after 
 having sworn an oath to the said association, should wish to retire or 
 withdraw from the same under any pretext whatsoever (w^hich may God 
 forbid), such persons, falling away from their agreements, shall be injured 
 in person and possessions, in all wa3^s which may be devised, as enemies 
 of God, rebels, violators of the public peace, without the said associates 
 being disturbed or subject to investigation, either in public or in private. 
 
 VII. The said associates shall swear absolute and ready obedience 
 and service to the head who shall be selected, to follow him and give 
 counsel and comfort, as much for the support and preservation of the 
 said association as for the destruction of those who set themselves against 
 it, without respect of persons : and defaulting and dilatory members shall 
 be punished by authority of the head and according to regulations laid 
 down by him, to which the said associates shall submit themselves. 
 
 VIII. Notice shall be given to all Catholics in incorporated towns 
 and villages and they shall be summoned secretly by the local governors 
 to enter into the said association and to furnish their due proportion of 
 arms and men for the purpose of the same, each according to his power 
 and ability. 
 
 IX. That those who are unwilling to enter into the said association 
 shall be considered enemies of the same and be subject to all sorts of 
 injuries and annoyances. 
 
 X. It is forbidden to the said associates to enter into disputes or 
 feuds among themselves without permission of the head, by whose 
 decision offenders shall be punished, as much for the purpose of obtain- 
 ing honorable satisfaction, as in other cases. 
 
 XI. If for the protection or the greater security of the said asso- 
 ciates any treaty should be made with the provinces of this realm, it 
 
28 TRANSLATIONS AND REPRINTS. 
 
 shall be in the form above indicated and under the same conditions 
 whether the association be extended to the said towns or demanded by 
 them, unless the heads shall hold another opinion. 
 
 XII. I swear by God the Creator, upon the Gospels, and upon 
 penalty of anathema and eternal damnation, that I have entered into 
 this holy Catholic association according to the form of the agreement 
 which has now been read to me, loyally and sincerely, be it to command, 
 to obey, or to serve ; and I promise upon my life and my honor, not to 
 spare myself up to the last drop of my blood ; and that I will not oppose 
 the association or withdraw from it on account of any command, pretext, 
 or excuse, whatever may be the occasion. 
 
 6. FRENCH POLITICAL VERSES OF THE i6TH CENTURY. 
 
 Pierre de Lestoile ; Memoires et Journal. Ed. Michaud, Vol. XIV, p. i6 etseq. 
 French. 
 
 Par I'oeil, I'espaule et I'oreille, 
 Dieu a fait en France merveille ; 
 Par I'oreille, I'espaule et I'oeil, 
 Dieu a mis troi rois au cerceuil ; 
 Par I'oeil, I'oreille et I'espaule, 
 Dieu a tue trois rois en Gaule, 
 Antoine, Fran9ois et Henry, 
 Qui de lui point n'ont en soucy. 
 
 By the eye, the shoulder and the ear God has worked wonders in 
 France ; by the ear, the shoulder and the eye God has brought three kings 
 to the bier; by the eye, the ear and the shoulder God has killed three 
 kings in Gaul : Anthony, Francis and Henry, who never troubled them- 
 selves at all about Him. 
 
 Cy gist (mais c'est mal entendu, 
 Le mot pour lui est trop honneste) : 
 Ici r admiral est pendu 
 Par les pieds, a faute de teste. 
 
 Here lies — (but that isn't just the thing ; the word is too decent for 
 him): — here is hung the Admiral, by the feet, in default of a head. 
 
 L'on demande la convenance 
 De Catherine et Jezabel, 
 
FRENCH POLITICAL VERSES. 29 
 
 L'une, ruine d' Israel ; 
 
 L' autre, ruine de la France. 
 
 L'une estoit de malice extresme, 
 
 Et r autre est la malice mesme. 
 
 Enfin le judgement fut tel : 
 
 Par une vengeance divine, 
 
 Les chiens mangerent Jezabel ; 
 
 La charonge de Catherine 
 
 Sera different en ce point 
 
 Car les chiens mesmes n'en vondront point. 
 If you ask the points of resemblance between Catherine and Jezebel 
 07ie was the ruin of Israel ; the other the ruin of France. One was 
 extremely malicious; the other is malice itself. In a word the judgment 
 would be like this: By an act of divine vengeance the dogs devoured 
 Jezebel ; the carrion of Catherine ivill have a different fate in this respect, 
 because the very dogs will have nothing to do with it. 
 
 Registre-Journal de Henri III. Ed. Michaud, Vol. XIV., p. 198. 
 TOUTE A TOUTES SAUSSES. 
 
 Le pauvre peuple endure tout, 
 Les gens d'armes ravagent tout, 
 La Sainte Eglise paye tout, 
 Les favoris demandent tout, 
 Le bon roi accorde tout, 
 Le parlement verifie tout, 
 Le chancelier scelle tout, 
 La Reine mere conduit tout, 
 Le Pape leur pardonne tout, 
 Chicot tout seul se rit de tout, 
 Le diable a la fin aura tout. 
 
 The poor people endure all, the troops plunder all, the holy church 
 pays all, the favorites demand all, the good king yields all, the parlement 
 approves all, the chancellor seals all, the queen mother conducts all, the 
 pope pardons all to them, Chicot ^ is the only one ivho laughs at all, the 
 devil will eventually have all. 
 
 ^Probably a sixteenth century "Punch," who is supposed to recite the above. 
 
30 TRANSLATIONS AND REPRINTS. 
 
 7. EXTRACTS FROM THE EDICT OF NANTES. 
 Dumont : Corps Diplomatique. Vol. V, p. 545 et seq. French. 
 
 The Edict of Nantes, called the Edict of Henry IV. for the Pacification of the 
 troubles of his Realm, was given at Nantes in the month of April, 1598, and published 
 in Parlement February 15, 1599. Itis of great length, containing 92 articles in 
 the body of the edict, to which are appended 56 special articles. Out of these a 
 few articles have been selected which seemed to embody the more important pro- 
 visions concerning the settlement of the religious disorders in France. 
 
 III. We ordain that the Catholic Apostolic and Koman religion 
 shall be restored and reestablished in all places and localities of this our 
 kingdom and countries subject to our sway, where the exercise of the 
 same has been interrupted, in order that it may be peaceably and freely 
 exercised, without any trouble or hindrance. Forbidding very expressly 
 all persons of whatsoever estate, quality or condition, under the penal- 
 ties recited above,^ from troubling, molesting or disturbing ecclesiastics 
 in the celebration of divine service, in the enjoyment or perception of 
 tithes, fruits or revenues of their benefices, and all other rights and dues 
 belonging to them ; and that all those who during the troubles have 
 taken possession of churches, houses, goods or revenues belonging to the 
 said ecclesiastics, and who retain and occupy the same, shall surrender 
 to therii entire possession and peaceable enjoyment of such rights, liber- 
 ties and sureties as they had before they were deprived of them. For- 
 bidding thus very expressly to those of the said religion called Reformed^ 
 to have preaching or perform other exercise of the said religion in 
 churches, houses and habitations of the said ecclesiastics. 
 
 VI. And in order to leave no occasion for troubles or differences 
 between our subjects we have permitted and herewith permit those of 
 the said religion called Reformed to live and abide in all the cities and 
 places of this our kingdom and countries of our sway, without being 
 annoyed, molested or compelled to do anything in the matter of religion 
 contrary to their consciences, nor for this reason to be subject to visitation 
 in houses and places where they desire to dwell, upon condition that they 
 comport themselves in other respects according to that which is contained 
 in this our present edict. 
 
 VII. It is permitted to all lords, gentlemen and other persons, 
 natives and others as well, making profession of the said religion called 
 
 ^ Of punishment as a breaker of the peace and disturber of the public repose, 
 '^ ^Hadite Religion prctendue Refonnce.''^ 
 
THE EDICT OF NANTES. 3 1 
 
 Reformed, having high justice or full military tenure^ [as in Normandy] 
 in our realm or in the countries of our sway, be it as proprietor or in 
 usufruct, in whole or in half, or for a third part, to enjoy in their houses 
 of said high justice or tenure as above mentioned, which they shall be 
 required to name before our bailiffs and seneschals, each one in his 
 jurisdiction, as their principal domiciles, the exerciseof the said religion, 
 so long as they there reside ; and in their absence their wives, or indeed 
 their family, or any part of the same ; and even if the right of high justice 
 or full military tenure be in controversy, nevertheless the exercise of 
 the said religion may be enjoyed, providing the aforesaid persons shall 
 be in actual possession of the said right of high justice, even though our 
 own Procureur General be a party to the suit. We hereby permit the 
 enjoyment of the said religion in their other houses of high justice or 
 military tenure as aforesaid only when they are there present, and not 
 otherwise: all this equally for themselves, their families and subjects as 
 well as for others who desire to be present. 
 
 VIII. In houses of fiefs, where those of the said religion have not 
 the said high justice or military tenure, the exercise of the said religion 
 may be enjoyed for the family alone. It is not however intended, in 
 case there should happen to arrive other persons, up to the number of 
 thirty outside of the family, whether it be upon the occasion of a baptism, 
 visits of friends or otherwise, that this should be cause for investigation : 
 provided also that the said houses shall not be within the cities, towns or 
 villages belonging to Catholic lords other than ourselves, having the 
 right of high justice, in which the said Catholic lords shall have their 
 houses. In which case those of the said religion shall not be able to 
 enjoy said exercise in said towns or villages, unless by permission and 
 leave of said lords high justices, and not otherwise. 
 
 IX. We also permit those of the said religion to make and con- 
 tinue the ex:ercise of the same in all villages and places of our dominion 
 where it was established by them and publicly enjoyed several and 
 divers times in the year 1597, up to the end of the month of August, 
 notwithstanding all decrees and judgments to the contrary. 
 
 XIII. We very expressly forbid to all those of the said religion 
 the exercise, either in respect to ministry, regulation, discipline or the 
 public instruction of children, and otherwise, in this our kingdom and 
 lands of our dominion, of all that concerns religion, otherwise than in 
 the places permitted and granted by the present Edict. 
 
 ^ " Fief de Haubert " a grade of nobility ranking next below barons. 
 
32 TRANSLATIONS AND REPRINTS. 
 
 XIV. As well from performing any function of the said religion 
 in our court or retinue, or equally in our lands and territories beyond the 
 mountains, or in our city of Paris or within five leagues of the said city : 
 at the same time those of the said religion who live in the said lands 
 and territories beyond the mountains and in our said city, and for five 
 leagues there about, may not be investigated in their houses, nor con- 
 strained to do anything in respect to religion contrary to their consciences, 
 providing they comport themselves in other respects according to that 
 which is contained in our present Edict. 
 
 XV. And it will not be allowed to exercise the said religion in 
 the armies, except in the quarters of those chiefs who may be of that con- 
 fession, not however in those quarters wherein our own person is lodged. 
 
 XVIII. We also forbid all our subjects of whatever quality and 
 condition, from carrying off by force or persuasion, against the will of 
 their parents, the children of the said religion, in order to cause them to 
 be baptised or confirmed in the Catholic Apostolic and Roman church : 
 and the same is forbidden to those of the said religion called Reformed, 
 upon penalty of being punished with especial severity. 
 
 XXI. Books concerning the said religion called Reformed may 
 not be printed and publicly sold, except in cities and places where the 
 public exercise of the said religion is permitted. And as for the other 
 books, which may be printed in other cities, they shall be examined and 
 investigated, as much by our officers as by theologians, according as it is 
 prescribed in our ordinances. We forbid very expressly the printing, 
 publishing and sale of all books, pamphlets and writings of a defamatory 
 character, upon the penalty indicated in our ordinances : and we enjoin 
 our judges and officers to carry out this order. 
 
 XXII. We ordain that there shall be no difference or distinction 
 made in respect to the said religion, in receiving pupils to be instructed 
 in universities, colleges and schools ; nor in receiving the sick and poor 
 into hospitals, retreats and public charities. 
 
 XXIII. Those of the said religion called Reformed shall be obliged 
 to respect the laws of the Catholic Apostolic and Roman church, recog- 
 nized in this our kingdom, for the consummation of marriages contracted 
 or to be contracted as regards the degrees of consanguinity and kinship. 
 
Translations and Reprints 
 
 FROM THE 
 
 ORIGINAI. SOURCES OF EUROPEAN HISTORY. 
 
 Vol. III. The Witch-Persecutions. No. 4. 
 
 TABLE OF CONTENTS. 
 
 PAGB 
 
 Introduction, i 
 
 I. The Theory of Witch-Persecution. 
 
 1. The Nature and Reality of Witchcraft, 2 
 
 2. The Duty of Persecution, 5 
 
 II. The Beginnings of the Witch-Persecutions. 
 
 1. Witch-persecution in the earlier fifteenth century, . . 6 
 
 2. The Witch-Bull of 1484, 7 
 
 3. The Witch-Hammer, 10 
 
 III. The Witch-Persecution at Trier. 
 
 1. The Scope of the Persecution, 13 
 
 2. The Recantation of Loos, 14 
 
 IV. The Witch-Persecution at Bonn, 18 
 
 V. The Witch-Persecution in Scotland, . 19 
 
 VI. The Witch-Persecution at Bamberg, 23 
 
 VII. The Witch-Persecution at Wurzburg, 28 
 
 VIII. The Methods of the Witch-Persecutions, 30 
 
 IX. Select Bibliography, 36 
 
 INTRODUCTION. 
 
 The belief in witchcraft and the persecution of those supposed to practice it 
 have been almost universal in human history. Christianity inherited both the be- 
 lief and the persecution from the religions, Jewish and pagan, which preceded it. 
 But, by the twelfth century, under the influence of its monotheistic faith and its hu- 
 mane spirit, the panic and the persecution had alike nearly disappeared from 
 Christendom. When, however, in the thirteenth century, the scholastic theology, 
 in its love of logical completeness, gave prominence afresh to the Devil and his fol- 
 lowers as the counterpart and parody of God and his church, and when, in the 
 fourteenth century, the Holy Inquisition, successful in rooting out the heretics, 
 turned its idle hands to the extirpation of those viler sinners who had sold them- 
 selves wholly to Satan, the terror revived. The witch-persecutions it engendered 
 ravaged for centuries all Christian lands, and have not yet wholly died away. 
 It is with these persecutions, from their rise into full activity in the fifteenth cen- 
 tury to their culmination in the seventeenth, that the present study deals. It 
 seeks to illustrate their source, their scope, and their methods. With the super- 
 stitions which suggested the charges it concerns itself little. Both in these and in 
 the procedure there is much too foul or too brutal for reproduction here. It was, 
 indeed, no small part of the evil of the matter, that it so long debauched the imagi- 
 nation of Christendom. 
 
2 TRANSLATIONS AND REPRINTS. 
 
 I. THE THEORY OF WITCH-PERSECUTION. 
 
 Perhaps no better statement of the theory of witch-persecution, as it came 
 to be accepted in all lands and by all shades of faith throughout Christendom, can 
 anywhere be found than that of the Rev. Cotton Mather in a sermon which did 
 much to make that theory known and effective in New England. The sermon, 
 preached in Boston in 1689, was speedily printed, under the title of A Discourse 
 on Witchcraft, in Mather's Memorable Providences relating to Witchcrafts 
 and Possessions (Boston, 1689). This book, "recommended by the Ministers of 
 Boston and Charleston," was in no small degree responsible for the great Salem 
 persecution, which broke out in 1692. 
 
 I. THE NATURE AND REALITY OF WITCHCRAFT. 
 Cotton Mather : Memorable Providences relating to Witchcrafts and Posses- 
 sions (Boston, 1689), pp. 4-9 of "A Discourse on Witchcraft." English. 
 
 Such aa Hellish thing there is as WitGheraft in the World. There 
 are Two things which will be desired for the advantage of this Asser- 
 tion. It should first be show'd, 
 
 WHAT Witchcraft is; 
 
 My Hearers will not expect from me an accurate Definition of the 
 vile Thing ; since the Grace of God has given me the Happiness to 
 speak without Experience of it. But from Accounts both by Beading 
 and Hearing 1 have learn' d to describe it so. 
 
 WITCHCRAFT is the Doing of Strange (and for the most part 
 III) Things by the help of evil Spirits, Covenanting with (and usually 
 Representing of) the woful children of men. 
 
 This is the Diabolical Art that Witches are notorious for. 
 
 First. Witches are the Doers of Strange Things. They cannot 
 indeed perform any proper Miracles ; those are things to be done only 
 by the Favourites and Embassadours of the LORD. But Wonders are 
 often produced by them, though chiefly such Wonders as the Apostle 
 calls in 2. Thes. 2. 9. Lying wonders. There are loonderfid Storms in 
 the great World, and wonderful Wounds in the little World, ^ often ef- 
 fected by these evil Causes. They do things which transcend the ordi- 
 nary Course of Nature, and which puzzle the ordinary Sense of 
 Mankind. Some strange things are done by them in a way of Real 
 Production. They do really Torment, they do really Afflict those that 
 their Spite shall extend unto. Other Strange Things are done by them 
 in a way of Crafty Illusion. They do craftily make of the Air, the 
 
 i. e., in Man — the microcosm. The "great world" is the universe. 
 
THE THEORY OF WITCH-PERSECUTION. 3 
 
 Figures and Colours of things that never can be truly created by them. 
 All men might see, but, I believe, no man could /eeZ, some of the Things 
 which the Magicians of Egypt exhibited of old. 
 
 Secondly. They are not only strange Things, but III Things, that 
 Witches are the Doers of. In this regard also they are not the Au- 
 thors of Miracles : those are things commonly done for the Good of Man, 
 alwaies done for the Praise of God. But of these Hell-hounds it may 
 in a special manner be said, as in Psal. 52. 3. Thou lovest evil more than 
 good. For the most part they labour to robb Man of his Ease or his 
 Wealth ; they labour to wrong God of His Glory. There is Mention 
 of Creatures that they call White Witches, which do only Good-Turns 
 for their Neighbours. I suspect that there are none of that sort ; but 
 rather think. There is none that doeth good, no, not one. If they do 
 good, it is only that they may do hurt. 
 
 Thirdly. It is by virtue of evil Spirits that Witches do what they 
 do. We read in Ephes. 2, 2. about the Prince of the power of the air. 
 There is confined unto the Atmosphere of our Air a vast Power, or Army 
 of Evil Spirits, under the Government of a Prince who employes them 
 in a continual Opposition to the Designs of GOD ; The Name of that 
 Leviathan, who is the Grand-Seigniour of Hell, we find in the Scripture 
 to be Belzehuh. Under the Command of that mighty Tyrant, there are 
 vast Legions & Myriads of Devils, whose Businesses & Accomplish- 
 ments are not all the same. Every one has his Post, and his Work ; 
 and they are all glad of an opportunity to be mischievous in the World. 
 These are they by whom Witches do exert their Devillish and malig- 
 nant Rage upon their Neighbours: And especially Two Acts concur 
 hereunto. The First is. Their Covenanting with the Witches. There is 
 a most hellish League made between them, with various Rites and Ch-e- 
 mmvies. The Witches promise to serve the Devils, and the Devils prom- 
 ise to help the witches; Howf It is not convenient^ to be related. 
 The Second is, their Representing of the Witches. And hereby indeed 
 these are drawn into Snares and Cords of Death. The Devils, when 
 they go upon the Errands of the Witches, do bear their Names; and 
 hence do Harmes too come to be carried from the Devils to the 
 Witches. We need not suppose such a wild thing as the Transforming 
 of those Wretches into Bruits or Birds, as we too often do. 
 
 ^i.e., not seemly: perhaps because the details are too vile, perhaps because 
 the preacher will not tempt his hearers. 
 
4 TRANSLATIONS AND REPRINTS. 
 
 It should next be proved THAT Witchcraft is. 
 
 The Being of such a thing is denied by many that place a great 
 part of their small wit in derideing the Stories that are told of it. Their 
 chief Argument is, That they never saw any Witches, therefore there 
 are none. Just as if you or I should say. We never met with any Rob- 
 bers on the Road, therefore there never was any Padding there. 
 
 Indeed the Devils are loath to have true Notions of Witches en- 
 tertained with us. I have beheld them to put out the eyes of an en- 
 chaunted Child, when a Book that proves, There is Witchcraft, was laid 
 before her. But there are especially Two Demonstrations that evince 
 the Being of that Infernal mysterious thing. 
 
 First. We have the Testimony of Serij^ture for it. We find 
 Witchcrafts often mentioned, sometimes by way of Assertion, sometimes 
 by way of Allusion, in the Oracles of God. Besides that. We have 
 there the History of diverse Witches in these infallible and inspired 
 Writings. Particularly, the Instance of the Witch at Endor-, in i Sam. 
 28. 7. is so plain and full that Witchcraft it self is not a more amazing 
 thing, than any Dispute about the Being of it, after this. The Advo, 
 cates of Witches must use more Tricks to make Nonsense of the Bible, 
 than ever the Witch of Endor used in her Magical Incantations, if they 
 would evade the Force of that famous History. They that will be^ 
 lieve no Witches, do imagine that Jugglers only are meant by them 
 whom the Sacred Writ calleth so. But what do they think of that law 
 in Exod. 22. 18. Thou shalt not suffer a Witch to live f Methinks 'tis 
 a little too hard to punish every silly Juggler with so great Severity. 
 
 Secondly. We have the Testimony of Experience for it. What 
 will those Incredulous, who must be the only Ingenious men, say to This? 
 Many Witches have like those in Act. 19. 18. Confessed and shelved 
 their Deeds. We see those things done, that it is impossible any 
 Disease or any Deceit should procure. We see some hideous Wretches 
 in hideous Horrours confessing, That they did the Mischiefs. This Con- 
 fession is often made by them that are owners of as much Reason as the 
 people that laugh at all Conceit of Witchcraft: the exactest Scrutiny of 
 skilful Physicians cannot find any Distraction in their minds. This 
 Confession is often made by them that are apart One from another, and 
 yet they agree in all the Circumstances of it. This Confession is often made 
 by them that at the same time will produce the Engines and Ensignes 
 of their Hellish Trade, and give the standers-by an Ocular Conviction 
 of what they do, and how. There can be no Judgment left of any Hu- 
 
THE THEORY OF WITCH-PERSECUTION. 5 
 
 maiie Affairs, if such Confessions must be Ridiculed : all the Murders, 
 yea, and all the Bargains in the World must be meer Imaginations if 
 such Confessions are of no Account. 
 
 2. THE DUTY OF PERSECUTION. 
 
 Bodin, De la Demonomanie des Sorciers, Paris, 1580, liv. iv, chap. 5. French. 
 
 Jean Bodin, jurist and statesman, was not only one of the most eminent Euro- 
 pean publicists of the sixteenth century, but one of the most rational and tolerant 
 thinkers of his time. Yet even such a man could thus write "Of the punishments 
 deserved by witches " : 
 
 There are two means by which states are maintained in their weal 
 and greatness — reward and penalty : the one for the good, the other for 
 the bad. And, if the distribution of these two be faulty, nothing else 
 is to be expected than the inevitable ruin of the state. . . . 
 
 But those greatly err who think that penalties are established only 
 to punish crime. I hold that this is the least of the fruits which accrue 
 therefrom to the state. For the greatest and the chief is the appeasing 
 of the wrath of God, especially if the crime is directly against the ma- 
 jesty of God, as is this one. . . . Now, if there is any means to ap- 
 pease the wrath of God, to gain his blessing, to strike awe into some by 
 the punishment of others, to preserve some from being infected by others, 
 to diminish the number of evil-doers, to make secure the life of the 
 well-disposed, and to punish the most detestable crimes of which the hu- 
 man mind can conceive, it is to punish with the utmost rigor the 
 witches. . . .^ Now, it is not within the power of princes to par- 
 don a crime which the law of God punishes with the penalty of death — 
 such as are the crimes of witches. Moreover, princes do gravely in- 
 sult God in pardoning such horrible crimes committed directly against 
 his majesty, seeing that the pettiest prince avenges with death insults 
 against himself. Those too who let the witches escape, or who do not 
 punish them with the utmost rigor, may rest assured that they will be 
 abandoned by God to the mercy of the witches. And the country which 
 shall tolerate this will be scourged with pestilences, famines, and wars; 
 and those which shall take vengeance on the witches will be blessed by 
 him and will make his anger to cease. Therefore it is that one accused 
 
 1 Bodin then proceeds to enumerate fifteen distinct crimes, all horrid, of which 
 every witch is guilty, and argues that, in default of proof, violent presumption 
 should suffice for the sentence of witches to death. 
 
6 TRANSLATIONS AND REPRINTS. 
 
 of being a witch ought never to be fully acquitted and set free unless the 
 calumny of the accuser is clearer than the sun, inasmuch as the proof 
 of such crimes is so obscure and so difficult that not one witch in a million 
 would be accused or punished if the procedure were governed by the or- 
 dinary rules. ... 
 
 II. THE BEGINNINGS OF THE WITCH-PERSECUTIONS. 
 
 I. WITCH-PERSECUTION IN THE EARLIER FIFTEENTH CENTURY. 
 Nider, Formicarius, ed. of Augsburg, ca. 1476, lib. v, cap. 3. Latin. 
 
 One of the earliest books which throws Hght upon the methods of the persecu- 
 tions is the Formicarius , or "Ant-Hill," of the Dominican theological professor, 
 Johannes Nider, written, in its final form, about 1437. The work is an edifying 
 dialogue between a theologian and a doubter as to sundry topics difficult to faith ; 
 and its fifth and final book is devoted to "witches and their deceptions." The 
 sources and the nature of Nider' s knowledge may be gathered from the following 
 answer of the theologian to the doubter's request for information as to the injuries 
 inflicted by witches upon human beings. 
 
 I will relate to you some examples, which I have gained in part 
 from the teachers of our faculty, in part from the experience of a cer- 
 tain upright secular judge, worthy of all faith, who from the torture and 
 confession of witches and from his experiences in public and private has 
 learned many things of this sort — a man with whom I have often dis- 
 cussed this subject broadly and deeply — to wit, Peter, a citizen of Bern, 
 in the diocese of Lausanne, who has burned many witches of both sexes, 
 and has driven others out of the territory of the Bernese. I have more- 
 over conferred with one Benedict, a monk of the Benedictine order, who, 
 although now a very devout cleric in a reformed monastery at Vienna, 
 w^as a decade ago, while still in the world, a necromancer, juggler, buf- 
 foon, and strolling player, well-known as an expert among the secular 
 nobility. I have likewise heard certain of the following things from 
 the Inquisitor of Heretical Pravity^ at Autun, who was a devoted re- 
 former of our order in the convention at Lyons,^ and has convicted 
 many of witchcraft in the diocese of Autun. 
 
 Relating then two or three anecdotes derived from these sources, the theolo- 
 gian closes his answer with this one : 
 
 The same procedure was more clearly described by another young 
 man, arrested and burned as a witch, although, as I believe, truly pen- 
 
 Such was the official title of a representative of the Holy Inquisition. 
 'This convention of the Dominican order took place m 143 1. 
 
THE BEGINNINGS OF THE WITCH-PERSECUTIONS. 7 
 
 itent, who had earlier, together with his wife, a witch invincible to per- 
 suasion,' escaped the clutches of the aforesaid judge, Peter. The afore- 
 said youth, being again indicted at Bern, with his wife, and placed in 
 a different prison from hers, declared : "If I can obtain absolution for 
 my sins, I will freely lay bear all I know about witchcraft, for I see 
 that I have death to expect." And when he had been assured by the 
 scholars that, if he should truly repent, he would certainly be able to 
 gain absolution for his sins, then he gladly oifered himself to death, and 
 disclosed the methods of the primeval infection. 
 
 The ceremony, he said, of my seduction was as follows : First, on 
 a Sunday, before the holy water is consecrated, the future disciple with 
 his masters must go into the church, and there in their presence must 
 renounce Christ and his faith, baptism, and the church universal. Then 
 he must do homage to the magisterulus, that is, to the little master (for 
 so, and not otherwise, they call the Devil). Afterward he drinks from 
 the aforesaid flask ; ^ and, this done, he forthwith feels himself to con- 
 ceive and hold within himself an image of our art and the chief rites of 
 this sect. After this fashion was I seduced ; and my wife also, whom I 
 believe of so great pertinacity that she will endure the flames rather 
 than confess the least whit of the truth ; but, alas, we are both guilty. 
 What the young man had said was found in all respects the truth. For, 
 after confession, the young man was seen to die in great contrition. His 
 wife, however, though convicted by the testimony of witnesses, would 
 not confess the truth even under the torture or in death ; but, when the 
 fire was prepared for her by the executioner, uttered in most evil words 
 a curse upon him, and so was burned. 
 
 2. THE WITCH-BULL OF 1 484. 
 
 Bullarium Romanum (Taurinensis editio), sub anno 1484. Latin. The bull 
 is also printed in full at the head of the Malleus malejicarum, described below. 
 
 Despite the efforts of the Dominicans, it was with much difficulty that the new 
 terror of witchcraft and the persecution based on it were spread throughout Europe. 
 In Germany, especially, the Inquisitors charged with the task found themselves 
 hampered by skepticism. In 1484, therefore, they turned their steps toward Rome 
 for help, and on December 5th they won from the new Pope, Innocent VIII, a bull 
 which once for all closed the mouths of doubters and compelled the cooperation of 
 
 ^ This means, of course, only that she could not be persuaded to confess. 
 ^A flask described in a preceding anecdote as filled with a liquid made from 
 murdered infants. 
 
8 TRANSLATIONS AND REPRINTS. 
 
 the German authorities, both ecclesiastical and lay. This bull, known from its 
 first words as Smnntis desiderantibtis ^ runs as follows : 
 
 Innocentms, episcopus, servus servorum Dei Ad fiduram rei memo- 
 riam. 
 
 Desiring with supreme ardor, as pastoral solicitude requires, that 
 the catholic faith in our days everywhere grow and flourish as much as 
 possible, and that all heretical pravity be put far from the territories 
 of the faithful, we freely declare and anew decree this by which our 
 pious desire may be fulfilled, and, all errors being rooted out by our 
 toil as with the hoe of a wise laborer, zeal and devotion to this faith 
 may take deeper hold on the hearts of the faithful themselves. 
 
 It has recently come to our ears, not without great pain to us, that 
 in some parts of upper Germany, as well as in the provinces, cities, ter- 
 ritories, regions, and dioceses of Mainz, Koln, Trier, Salzburg, and Bre- 
 men, many persons of both sexes, heedless of their own salvation and 
 forsaking the catholic faith, give themselves over to devils male and fe- 
 male, and by their incantations, charms, and conjurings, and by other 
 abominable superstitions and sortileges, offences, crimes, and misdeeds, 
 ruin and cause to perish the offspring of women, the foal of animals, the 
 products of the earth, the grapes of vines, and the fruits of trees, as well 
 as men and women, cattle and flocks and herds and animals of every 
 kind, vineyards also and orchards, meadows, pastures, harvests, grains 
 and other fruits of the earth ; that they afflict and torture with dire 
 pains and anguish, both internal and external, these men, women, cat- 
 tle, flocks, herds, and animals, and hinder men from begetting and wo- 
 men from conceiving, and prevent all consummation of marriage ; that, 
 moreover, they deny with sacrilegious lips the faith they received in 
 holy baptism ; and that, at the instigation of the enemy of mankind, 
 they do not fear to commit and perpetrate many other abominable of- 
 fences and crimes, at the risk of their own souls, to the insult of the di- 
 vine majesty and to the pernicious example and scandal of multitudes. 
 And, although our beloved sons Henricus Institoris and Jacobus Spren- 
 ger, of the order of Friars Preachers, professors of theology, have been 
 and still are deputed by our apostolic letters as inquisitors of heretical 
 pravity, the former in the aforesaid parts of upper Germany, includ- 
 ing the provinces, cities, territories, dioceses, and other places as above, 
 and the latter throughout certain parts of the course of the Rhine ; nev- 
 ertheless certain of the clergy and of the laity of those parts, seeking to 
 be wise above what is fitting, because in the said letter of deputation the 
 
THE BEGINNINGS OF THE WITCH-PERSECUTIONS. 9 
 
 aforesaid provinces, cities, dioceses, territories, and other places, and the 
 persons and offences in question were not individually and specifically- 
 named, do not blush obstinately to assert that these are not at all in- 
 cluded in the said parts and that therefore it is illicit for the aforesaid 
 inquisitors to exercise their office of inquisition in the provinces, cities, 
 dioceses, territories, and other places aforesaid, and that they ought not 
 to be permitted to proceed to the punishment, imprisonment, and cor- 
 rection of the aforesaid persons for the offences and crimes above named. 
 Wherefore in the provinces, cities, dioceses, territories, and places afore- 
 said such offences and crimes, not without evident damage to their souls 
 and risk of eternal salvation, go unpunished. 
 
 We therefore, desiring, as is our duty, to remove all impediments by 
 which in any way the said inquisitors are hindered in the exercise of 
 their office, and to prevent the taint of heretical pravity and of other 
 like evils from spreading their infection to the ruin of others who are 
 innocent, the zeal of religion especially impelling us, in order that the 
 provinces, cities, dioceses, territories, and places aforesaid in the said 
 parts of upper Germany may not be deprived of the office of inquisition 
 which is their due, do hereby decree, by virtue of our apostolic author- 
 ity, that it shall be permitted to the said inquisitors in these regions to 
 exercise their office of inquisition and to proceed to the correction, im- 
 prisonment, and punishment of the aforesaid persons for their said of- 
 fences and crimes, in all respects and altogether precisely as if the prov- 
 inces, cities, territories, places, persons, and offences aforesaid were 
 expressly named in the said letter. And, for the greater sureness, ex- 
 tending the said letter and deputation to the provinces, cities, dioceses, 
 territories, places, persons, and crimes aforesaid, we grant to the said 
 inquisitors that they or either of them, joining with them our beloved 
 son Johannes Gremper, cleric of the diocese of Constance, master of arts, 
 their present notary, or any other notary public who by them or by 
 either of them shall have been temporarily delegated in the provinces, 
 cities, dioceses, territories, and places aforesaid, may exercise against all 
 persons, of whatsoever condition and rank, the said office of inquisition, 
 correcting, imprisoning, punishing, and chastising, according to their 
 deserts, those persons whom they shall find guilty as aforesaid. 
 
 And they shall also have full and entire liberty to propound and 
 preach to the faithful the word of God, as often as it shall seem to them 
 fitting and proper, in each and all of the parish churches in the said 
 provinces, and to do all things necessary and suitable under the afore- 
 said circumstances, and likewise freely and fully to carry them out. 
 
lO TRANSLATIONS AND REPRINTS. 
 
 And moreover we enjoin by apostolic writ on our venerable brother, 
 the Bishop of Strasburg, that, either in his own pei-son or through some 
 other or others solemnly publishing the foregoing wherever, whenever, 
 and how often soever he may deem expedient or by these inquisitors or 
 either of them may be legitimately required, he permit them not to be 
 molested or hindered in any manner whatsoever by any authority what- 
 soever in the matter of the aforesaid and of this present letter, threaten- 
 ing all opposers, hinderers, contradicters, and rebels, of whatever rank, 
 state, decree, eminence, nobility, excellence, or condition they may be, 
 and whatever privilege of exemption they may enjoy, with excommuni- 
 cation, suspension, interdict, and other still more terrible sentences, cen- 
 sures, and penalties, as may be expedient, and this without appeal and 
 with power after due process of law of aggravating and reaggravating 
 these penalties, by our authority, as often as may be necessary, to this 
 end calling in the aid, if need be, of the secular arm. 
 
 And this, all other apostolic decrees and earlier decisions to the 
 contrary notwithstanding ; or if to any, jointly or severally, there has 
 been granted by this apostolic see exemption from interdict, suspension, 
 or excommunication, by apostolic letters not making entire, express, and 
 literal mention of the said grant of exemption ; or if there exist any 
 other indulgence whatsoever, general or special, of whatsoever tenor, by 
 failure to name which or to insert it bodily in the present letter the car- 
 rying out of this privilege could be hindered or in any way put off, — 
 or any of whose whole tenor special mention must be made in our letters. 
 Let no man, therefore, dare to infringe this page of our declaration, ex- 
 tension, grant, and mandate, or with rash hardihood to contradict it. 
 If any presume to attempt this, let him know that he incurs the wrath 
 of almighty God and of the blessed apostles Peter and Paul. ^ 
 
 Given in Rome, at St. Peter's, in the year of Our Lord's incarna- 
 tion 1484, on the nones of December, in the first year of our pontificate. 
 
 3. THE WITCH-HAMMER. 
 
 Even when armed with the papal bull, the German Inquisitors found their 
 preparation incomplete. Immediately on their return from Rome they set them- 
 selves at the compilation of a hand-book which should leave no judge an excuse for 
 laxity — an exposition of witchcraft and a code of procedure for the detection and 
 punishment of witches. This, completed in i486, they called Malleus Malefi- 
 carum, *'The Witch-Hammer." As a specimen may serve a part of its 
 
 * These "final clauses" are those found at this period in all bulls of the class 
 known as tituli. 
 
THE BEGINNINGS OF THE WITCH-PERSECUTIONS. II 
 
 Directions for the Torture of a Witch. 
 Malleus Maleficarum, pars iii, qu?estio 14. Latin. Editions are many. 
 
 The method of beginning an examination by torture is as follows : 
 First, the jailers prepare the implements of torture, then they strip the 
 prisoner (if it be a woman, she has already been stripped by other 
 women, upright and of good report). ^ This stripping is lest some 
 means of witchcraft may have been sewed into the clothing — such as 
 often, taught by the Devil, they prepare from the bodies of unbaptized 
 infants, [murdered] that they may forfeit salvation. And when the 
 implements of torture have been prepared, the judge, both in person 
 and through other good men, zealous in the faith, tries to persuade the 
 prisoner to confess the truth freely ; but, if he will not confess, he bids 
 attendants make the prisoner fast to the strappado or some other implement 
 of torture. The attendants obey forthwith, yet with feigned agitation. 
 Then, at the prayer of some of those present, the prisoner is loosed 
 again and is taken aside and once more persuaded to confess, being led 
 to believe that he will in that case not be put to death. 
 
 Here it may be asked whether the judge, in the case of a prisoner 
 much defamed, convicted both by witnesses and by proofs, nothing being 
 lacking but his own confession, can properly lead him to hope that his 
 life will be spared — when, even if he confess his crime, he will be pun- 
 ished with death. 
 
 It must be answered that opinions vary. Some hold that even a 
 witch of very ill repute, against whom the evidence justifies violent 
 suspicion, and who, as a ringleader of the witches, is accounted 
 very dangerous, may be assured her life, and condemned instead to per- 
 petual imprisonment on bread and water, in case she will give sure and 
 convincing testimony against other witches ; yet this penalty of perpet- 
 ual imprisonment must not be announced to her, but only that her life 
 will be spared, and that she will be punished in some other fashion, 
 perhaps by exile. And doubtless such notorious witches, especially 
 those who prepare witch-potions or who by magical methods cure those 
 bewitched, would be peculiarly suited to be thus preserved, in order to 
 aid the bewitched or to accuse other witches, were it not that their ac- 
 cusations cannot be trusted, since the Devil is a liar, unless confirmed 
 by proofs and witnesses. 
 
 ^ Sometimes, in place of the prisoner's clothing, a garment furnished by the 
 court was now supplied, to be worn during the torture. 
 
12 TRANSLATIONS AND REPRINTS. 
 
 Others hold, as to this point, that for a time the promise made to 
 the witch sentenced to imprisonment is to be kept, but that after a time 
 she should be burned. 
 
 A third view is, that the judge may safely promise witches to spare 
 their lives, if only he will later excuse himself from pronouncing the 
 sentence and will let another do this in his place. . . . 
 
 But if, neither by threats nor by promises such as these, the witch 
 can be induced to speak the truth, then the jailers must carry out the 
 sentence, and torture the prisoner according to the accepted methods, 
 with more or less of severity as the delinquent's crime may demand. 
 And, while he is being tortured, he must be questioned on the articles 
 of accusation, and this frequently and persistently, beginning with the 
 lighter charges — for he will more readily confess the lighter than the 
 heavier. And, while this is being done, the notary must write down 
 everything in his record of the trial — how the prisoner is tortured, on 
 what points he is questioned, and how he answers. 
 
 And note that, if he confesses under the torture, he must afterward 
 be conducted to another place, that he may confirm it and certify that 
 it was not due alone to the force of the torture. 
 
 But, if the prisoner will not confess the truth satisfactorily, other 
 sorts of tortures must be placed before him, with the statement that, un- 
 less he will confess the truth, he must endure these also. But, if not 
 even thus he can be brought into terror and to the truth, then the next 
 day or the next but one is to be set for a co7itinuation of the tortures — 
 not a repetition, ^ for they must not be repeated unless new evidences be 
 produced. 
 
 The judge must then address to the prisoners the following sen- 
 tence: We, the judge, etc., do assign to you, , such and such a day 
 
 for the continuation of the tortures, that from your own mouth the truth 
 may be heard, and that the whole may be recorded by the notary. 
 
 And during the interval, before the day assigned, the judge, in 
 ])erson or through approved men, must in the manner above described 
 try to persuade the prisoner to confess, promising her ^ (if there is aught 
 to be gained by this promise) that her life shall be spared. 
 
 The judge shall see to it, moreover, that throughout this interval 
 
 ^This was, of course, a legal fiction, to avoid the merciful restriction put by 
 law upon the repetition of torture. 
 
 '^This change in the gender of the pronoun is a faithful following ot the original. 
 
THE WITCH-PERSECUTION AT TRIER. 1 3 
 
 guards are constantly with the prisoner, so that she may not be left 
 alone ; because she will be visited by the Devil and tempted into suicide. 
 
 III. THE WITCH-PERSECUTION AT TRIER. 
 
 It was, however, not till a century later, in the second half of the sixteenth 
 century, that the witch-persecutions reached their height. One of the fiercest 
 was that which raged in the dominions of the Elector- Archbishop of Trier (Treves) 
 in western Germany. One who had been an eye-witness, the canon Linden, in 
 later years described it thus : 
 
 I. THE SCOPE OF THE PERSECUTION. 
 
 Linden, Gesta Treviroru^n (from his manuscript in the City Library of 
 Trier). ^ Latin. 
 
 Inasmuch as it was popularly believed that the continued sterility 
 of many years was caused by witches through the malice of the Devil, 
 the whole country rose to exterminate the witches. This movement 
 was promoted by many in office, who hoped wealth from the persecution. 
 And so, from court to court throughout the towns and villages of all 
 the diocese, scurried special accusers, inquisitors, notaries, jurors, judges, 
 constables, dragging to trial and torture human beings of both sexes 
 and burning them in great numbers. Scarcely any of those who were 
 accused escaped punishment. Nor were there spared even the leading 
 men in the city of Trier. For the Judge, ^ with two Burgomasters, 
 several Councilors and Associate Judges, canons of sundry collegiate 
 churches, parish-priests, rural deans, were swept away in this ruin. So 
 far, at length, did the madness of the furious populace and of the courts 
 go in this thirst for blood and booty that there was scarcely anybody 
 who was not smirched by some suspicion of this crime. 
 
 Meanwhile notaries, copyists, and innkeepers grew rich. The ex- 
 ecutioner rode a blooded horse, like a noble of the court, and went 
 clad in gold and silver ; his wife vied with noble dames in the richness 
 of her array. The children of those convicted and punished were sent 
 into exile ; their goods were confiscated ; plowman and vintner failed — 
 
 1 Printed in Hontheim's Historia Trevirensis dipioniatica (iii, p. 170, 
 note) and in Wyttenbacli and Miiller's ed. of the Gesta Trevirortitn ; but with 
 more care in Burr, The Fate of Dietrich Flade. 
 
 *Dr. Dietrich Flade, judge of the secular court at Trier and deputy governor 
 of the city, was perhaps the most eminent victim of the witch-persecution in Ger- 
 many. It is probable that he owed his fate in part or wholly to his attempt to 
 check the persecution. Tortured into confession, he was burned in 1589. 
 
14 TRANSLATIONS AND REPRINTS. 
 
 hence came sterility. A direr pestilence or a more ruthless invader 
 could hardly have ravaged the territory of Trier than this inquisition 
 and persecution without bounds : many were the reasons for doubting 
 that all were really guilty. This persecution lasted for several years ; 
 and some of those who presided over the administration of justice gloried 
 in the multitude of the stakes, at each of which a human being had 
 been given to the flames. 
 
 At last, though the flames were still unsated, the people grew im- 
 poverished, rules were made and enforced restricting the fees and costs 
 of examinations and examiners, and suddenly, as when in war funds 
 fail, the zeal of the persecutors died out." 
 
 2. THE RECANTATION OF LOOS. 
 Delrio, Disquisitiones Magicae, lib. v, appendix I. Latin. 
 It was during this persecution at Trier that Cornelius Loos, a scholar of Dutch 
 birth who held a professorship in the university of that city, dared to protest against 
 both the persecution itself and the superstitions out of which it grew. Failing in 
 his appeals to the authorities, he wrote a book to set forth his views ; but the man- 
 uscript was seized in the hands of the printer, and Loos himsell thrown into prison. 
 Thence he was brought out, in the spring of 1593, and, before the assembled 
 church dignitaries of the place, pronounced a solemn recantation. This recanta- 
 tion has been preserved by the Jesuit Delrio in the great work which in 1599-1600 
 he published in support of the persecution. Thus Delrio tells the story : 
 
 And, finally, as I have made mention of Losseus Callidius, who 
 tried by a thousand arts to make public the book which he had written 
 in defence of the witches (and some fear that even yet some evil demon 
 may bring this about), I have brought for an antidote the Recantation 
 signed by him. Its authentic and so-called original copy is in the 
 posession of a devout and most honorable man, Joannes Baxius, J. U. 
 Lie. (whose energy and zeal against this nefarious heresy God will some 
 day reward;, from whom I have received the following transcript, cer- 
 tified by a notary: 
 
 I, Cornelius Losseus Callidius, born at the town of Gouda in Holland, 
 but now (on account of a certain treatise On True and False Witehcraft, ^ 
 rashly and presumptously written without the knowledge and permis- 
 sion of the superiors of this place, shown by me to others, and then sent 
 to be printed at Cologne) arrested and imprisoned in the Imperial 
 
 ^ This book, confiscated by the ecclesiastical authorities, has been partly re- 
 covered in our own day. 
 
THE WITCH-PERSECUTION AT TRIER. 1 5 
 
 Monastery of St. Maximin, near Trier, by order of the Most Reverend 
 and Most Illustrious Lord, the Papal Nuncio, Octavius, Bishop of Tri- 
 carico : whereas I am informed of a surety that in the aforesaid book 
 and also in certain letters of mine on the same subject sent clandestinely 
 to the clergy and town council of Trier, and to others (for the purpose 
 of hindering the execution of justice against the witches, male and fe- 
 male), are contained many articles which are not only erroneous and 
 scandalous, but also suspected of heresy and smacking of the crime of 
 treason, as being seditious and foolhardy, against the common opinion 
 of theological teachers and the decisions and bulls of the Supreme Pon- 
 tiffs, and contrary to the practice and to the statutes and laws of the 
 magistrates and judges, not only of this Archdiocese of Trier, but of 
 other provinces and principalities, I do therefore revoke, condemn, re- 
 ject, and repudiate the said articles, in the order in which they are here 
 subjoined. 
 
 1. In the first place, I revoke, condemn, reject, and censure the 
 idea (which both in words and writing I have often and before many 
 persons pertinaciously asserted, and which I wished to be the head and 
 front of this my disputation) that the things which are written about 
 the bodily transportation or translation of witches, male and female, 
 are altogether fanciful and must be reckoned the figments of an empty 
 superstition ; [and this I recant] both because it smacks of rank heresy 
 and because this opinion partakes of sedition and hence savors of the 
 crime of treason. 
 
 2. For (and this in the second place I recant), in the letters 
 which I have cladestinely sent to sundry persons, I have perti- 
 naciously, without solid reasons, alleged against the magistracy that 
 the [aerial] flight of witches is false and imaginary; asserting, 
 moreover, that the wretched creatures are compelled by the severity 
 of the torture to confess things which they have never done, and 
 that by cruel butchery innocent blood is shed and by a new alchemy 
 gold and silver coined from human blood. 
 
 3. By these and by other things of the same sort, partly in pri- 
 vate conversations among the people, partly in sundry letters addressed 
 to both the magistracies, ^ I have accused of tyranny to their subjects 
 the superiors and the judges. 
 
 i. e. both lay and spiritual. 
 
1 6 TRANSLATIONS AND EEPEINT8. 
 
 4. And consequently, inasmuch as the Most Reverend and Most Il- 
 lustrious Archbishop and Prince-Elector of Trier not only permits witches* 
 male and female, to be subjected in his diocese to deserved punishment, 
 but has also ordained laws regulating the method and costs of judicial 
 procedure against witches, I have with heedless temerity tacitly insinu- 
 ated the charge of tyranny against the aforesaid Elector of Trier. 
 
 5. I revoke and condemn, moreover, the following conclusions of 
 mine, to wit : that there are no witches who renounce God, pay worship 
 to the Devil, bring storms by the Devil's aid, and do other like things, 
 but that all these things are dreams. 
 
 6. Also, that magic (magia) ought not to be called witchcraft 
 (maleficium), nor magicians (magi) witches (malejici), and that the pas- 
 sage of Holy Scripture, "Thou shalt not suifer a witch to live" (Male- 
 ficos non patieris livere), ^ is to be understood of those who by a natural 
 use of natural poisons inflict death. 
 
 7. That no compact does or can exist between the Devil and a 
 human being. 
 
 8. That devils do not assume bodies. 
 
 9. That the life of Hilarion written by St. Jerome is not authentic. 
 
 10. That there is no sexual intercourse between the Devil and 
 human beings. 
 
 11. That neither devils nor witches can raise tempests, rain- 
 storms, hail-storms, and the like, and that the things said about these are 
 mere dreams. 
 
 12. That spirit and form apart from matter cannot be seen by 
 man. 
 
 13. That it is rash to assert that whatever devils can do, witches 
 also can do through their aid. 
 
 14. That the opinion that a superior demon can cast out an in- 
 ferior is erroneous and derogatory to Christ.^ 
 
 15. That the Popes in their bulls do not say that magicians and 
 witches perpetrate such things (as are mentioned above). 
 
 16. That the Roman Pontiffs granted the power to proceed against 
 witches, lest if they should refuse they might be unjustly accused of 
 magic, just as some of their predecessors had been justly accused of it. 
 
 These assertions, all and singular, with many calumnies, false- 
 
 ' Exodus, xxii, i8. 
 
 2 A marginal note here cites Luke, xi. 
 
THE WITCH-PERSECUTION, AT TRIER. 1 7 
 
 hoods, and sycophancies, toward the magistracy, both secular and eccle- 
 siastical, spitefully, immodestly, and falsely poured forth, without cause, 
 with which my writings on magic teem, I hereby expressly and deliber- 
 ately condemn, revoke, and reject, earnestly beseeching the pardon of 
 God and of my superiors for what I have done, and solemnly promising 
 that in future I will neither in word nor in writing, by myself or through 
 others, in whatsoever place it may befall me to be, teach, promulgate) 
 defend, or assert any of these things. If I shall do to the contrary, I 
 subject myself thenceforward, as if it were now, to all the penalties of 
 the law against relapsed heretics, recusants, seditious offenders, traitors, 
 backbiters, sycophants, who have been openly convicted, and also to 
 those ordained against perjurers. I submit myself also to arbitrary 
 correction, whether by the Archbishop of Trier or by any other magis- 
 trates under whom it may befall me to dwell, and who may be certified 
 of my relapse and of my broken faith, that they may punish me accord- 
 ing to my deserts, in honor and reputation, property and person. 
 
 In testimony of all which I have, with my own hand, signed this 
 my recantation of the aforesaid articles, in presence of notary and 
 witnesses. 
 
 {Signed) 
 
 Cornelius Loos^us Callidius. 
 
 (and attested) 
 
 Done in the Imperial Monastery of St. Maximin, outside the walls 
 of Trier, in the abbot's chamber, in presence of the Reverend, Vener- 
 able, and Eminent ►Sirs, Peter Binsfeld,^ Bishop of Azotus, vicar-gen- 
 eral in matters spiritual of the Most Reverend Archbishop of Trier, our 
 most clement lord, and Reinerus, abbot of the said monastery, Bartholo- 
 maeus van Bodeghem, of Delft, J. U. L., Official of the Ecclesiastical 
 Court of Trier, Georgius von Helffenstein, Doctor of Theology, Dean of 
 the Collegiate Church of St. Simeon in the city of Trier, and Joannes 
 Colmann, J. U. D., Canon of the said church and Seal-Bearer of the 
 Court of Trier,* etc., in the year of Our Lord 1592 more Trev.,^ on Mon- 
 
 ^ Binsfeld, suffragan bishop and real head of ecclesiastical affairs in the diocese, 
 was doubtless the prime mover in the punishment of Loos. He had himself written 
 a book, De confessionibus malejicorwrn et sagarum (Trier, 1589), to prove 
 that the confessions of witches were worthy of all faith. 
 
 '-^i. e., the ecclesiastical court, of which Bodeghem was the head (the Official). 
 
 ^1593, according to our calendar; according to the tnos Trevirense the year 
 began on March 25 th. 
 
1 8 TEANSLATIONS AND REPRINTS. 
 
 day, March 15th, in the presence of me the notary undersigned and of 
 the worthy Mcolaus Dolent and Daniel Maier, secretary and copyist 
 respectively of the Reverend Lord Abbot, as witnesses specially called 
 and summoned to this end. 
 
 (Signed) 
 
 Adamus Hec Tectonius, Notary. 
 (Aiid below) 
 
 Compared with its original and found to agree, by me the 
 undersigned Secretary of the town of Antwerp, 
 
 G. KlEFFEL. 
 
 Here you have the Recantation in full. And yet afterwards again 
 at Brussels, while serving as curate in the church of Notre Dame de la 
 Chapelle, he was accused of relapse, and was released only after a long 
 imprisonment, and being again brought into suspicion (whence you may 
 understand the pertinacity of his madness), escaped a third indictment 
 through a premature death ; but (much the pity ! ) left behind not a 
 few partisans, men so imperfectly versed in medicine and sound theology 
 as to share this stupid error. Would that they might be wise, and 
 seriously realize at last how rash and noxious it is to prefer the ravings 
 of a single heretic, Weyer,^ to the judgment of the Church ! 
 
 IV. THE WITCH-PERSECUTION AT BONN. 
 
 An undated letter''^ from the pastor (Duren) of the village of Alfter, near Bonn, 
 to Count Werner of Salm thus describes the persecution in that city : 
 
 Those burned are mostly male witches of the sort described. There 
 must be half the city implicated ; for already professors, law-students, 
 pastors, canons, vicars, and monks have here been arrested and burned. 
 His Princely Grace has seventy wards ^ who are to become pastors, one 
 of whom, eminent as a musician, was yesterday arrested ; two others 
 were sought for, but have fled. The Chancellor and his wife and the 
 
 ^ Johann Weyer was a German physician, who in 1563 put forth a book attack- 
 ing the witch-persecution. Loos had been influenced by this and was looked on 
 as Weyer's disciple. 
 
 '^ At least, the date of the letter is not given by W. v. Waldbriihl, who prints 
 from it this extract in his Naturforschiing und Hexenglaube, (Berlin, 1867). He 
 says only that it had shortly before been found in the Salm archives. It belongs, 
 doubtless, to the early seventeenth century. Bonn, not then a university town, 
 was the official residence of the Prince- Archbishops of Cologne. 
 
 •^ Boys to be trained for priests in his seminary. 
 
THE WITCH-PERSECUTION IN SCOTLAND. 1 9 
 
 Private Secretary's wife are already executed. On the eve of Our 
 Lady's Day there was executed here a maiden of nineteen who bore the 
 name of being the fairest and the most blameless of all the city, and 
 who from her childhood had been brought up by the Bishop himself. 
 A canon of the cathedral, named Rotenhahn, I saw beheaded and 
 burned. Children of three or four years have devils for their para- 
 mours. Students and boys of noble birth, of nine, ten, eleven, twelve, 
 thirteen, fourteen years, have here been burned. In fine, things are in 
 such a pitiful state that one does not know with what people one may 
 talk and associate. 
 
 V. THE WITCH-PERSECUTION IN SCOTLAND. 
 
 From the contemporary pamphlet Newes from Scotland^ i59i> as reprinted 
 in Pitcaim's Criminal Trials in Scotland^ vol. i, pt. 2, pp. 215-223. English. 
 
 Within the towne of Trenent, in the kingdome of Scotland, there 
 dwelleth one David Seaton, who, being deputie bailifFe in the said 
 towne, had a maid called Geillis Duncane, who used secretlie to absent 
 and lie forth of hir maister's house every other night : This Geillis Dun- 
 cane tooke in hand to helpe all such as were troubled or grieved with 
 anie kinde of sicknes or infirmitie, and in short space did perfourme 
 many matters most miraculous ; which things, for asmuche as she began 
 to do them upon a sodaine, having never done the like before, made 
 her maister and others to be in great admiration, and wondered thereat : 
 by meanes whereof, the saide Davide Seaton had his maide in great sus- 
 pition that shee did not those things by naturall and lawfull waies, but 
 rather supposed it to bee done by some extraordinarie and unlawful! 
 meanes. Whereupon, her maister began to grow verie inquisitive, and 
 examined hir which way and by what meanes shee was able to performe 
 matters of so great importance ; whereat shee gave him no aunswere : 
 nevertheless, her maister, to the intent that hee might the better trie 
 and finde out the truth of the same, did with the help of others torment 
 her with the torture of the pilliwinkes^ upon her fingers, which is a 
 grievous torture ; and binding or wrinching her head with a cord or 
 roape, which is a most cruell torment also ; yet would she not confess 
 anie thing ; whereuppon, they suspecting that she had beene marked by 
 the Devill (as commonly witches are), made diligent search about her, 
 
 1 An instrument of torture similar to the thumbscrews later in use. 
 
20 TRANSLATIONS AND REPRINTS. 
 
 and found the enemies mark to be in her fore crag, or fore part of her 
 throate ; which being found, she confessed that al her doings was done 
 by the wicked allurements and entisements of the Devil, and that she 
 did them by witchcraft. After this her confession, she was committed 
 to prison, where shee continued a season, where immediately shee ac- 
 cused these persons following to bee notorious witches, and caused them 
 forthwith to be apprehended, one after another, viz. Agnes Sampson 
 the eldest witche of them all, dwelling in Haddington ; Agnes Tompson 
 of Edenbrough ^ ; Doctor Fian alias John Cuningham, master of the 
 schoole at Saltpans in Lowthian, of whose life and strange acts you shal 
 heare more largely in the end of this discourse. These were by the 
 saide Geillis Duncane accused, as also George Motts wife, dwelling in 
 Lowthian; Robert Grierson, skipper; and Jannet Blandilands; with 
 the potter's w^fe of Seaton : the smith at the Brigge Hallis, with innu- 
 merable others in those parts, and dwelling in those bounds aforesaid ; 
 of whom some are alreadie executed, the rest remaine in prison to re- 
 ceive the doome of judgement at the Kinges Majesties will and 
 pleasure. 
 
 The saide Greillis Duncane also caused Ewphame Mecalrean to bee 
 apprehended, who conspired and performed the death of her godfather, 
 and who used her art upon a gentleman, being one of the Lordes and 
 Justices of the Session, for bearing good will to her daughter. Shee al- 
 so caused to be apprehended one Barbara Naper, for bewitching to death 
 Archibalde lait Earle of Angus, who languished to death by witchcraft, 
 and yet the same was not suspected ; but that hee died of so straunge a 
 disease as the Phisition knewe not how to cure or remedie the same. 
 But of all other the said witches, these two last before recited, were re- 
 puted for as civill honest women as anie that dwelled within the cittie of 
 Edenbrough, before they were apprehended. Many other besides were 
 taken dwelling in Lieth,^ who are detayned in prison untill his Majes- 
 ties further will and pleasure be knowne . . . .' 
 
 As touching the aforesaide Doctor Fian alias John Cunningham, 
 the examination of his actes since his apprehension, declareth the great 
 subteltie of the Divell, and therefore maketh thinges to appeare the more 
 miraculous ; for beeing apprehended by the accusation of the saide Geil- 
 
 ^ Edinburgh. 
 
 2Leith. 
 
 ^Then follows an account of the torture and confession of Agnes Sampson. 
 
THE WITCH-PERSECUTION IN SCOTLAND. 21 
 
 lis Duncane aforesaide, who confessed he was their Regester, and that 
 there was not one man suffered to come to the Diveis readinges but 
 onely hee : the saide Doctor was taken and imprisoned, and used with 
 the accustomed paine provided for those offences, inflicted upon the rest, 
 as is aforesaide. First, By thrawing of his head with a rope, whereat 
 be would confesse nothing. Secondly, Hee was perswaded by faire 
 meanes to confesse his follies, but that would prevaile as little. Lastly, 
 Hee was put to the most severe and cruel 1 paine in the worlde, called 
 the bootes ;^ who, after he had received three strokes, being inquired if 
 he would confesse his damnable actes and wicked life, his tooug would 
 not serve him to speake ; in respect wherof the rest of the witches willed 
 to searche his toong, under which was founde two pinnes, thrust up into 
 the heade ; whereupon the witches did say, Now is the charme stinted ; 
 and shrewed, that those charmed pinnes were the cause he could not 
 confesse any thing : Then was he immediately released of the bootes, 
 brought before the King,^ his confession was taken, and his own hand 
 willingly set thereunto. . . .^ 
 
 Thus, all the dale, this Doctor Fiau continued very solitarie, and 
 seemed to have a care of his owne soule, and would call uppon God, 
 shewing himselfe penitent for his wicked life ; nevertheless, the same 
 night, hee found such meanes that he stole the key of the prison doore 
 and chamber in which he was, which in the night hee opened and fled 
 
 i"The boots, or bootikins^^^ says Pitcairn in his note on tliis passage, "were 
 chiefly made use of in extreme cases, such as High Treason, Witchcraft, etc. This 
 horrid instrument extended from the ankles to the knee, and at each stroke of a 
 arge hammer (which forced the wedges closer), the question was repeated. In 
 many instances, the bones and flesh of the leg were crushed and lacerated in a 
 shocking manner before confession was made." 
 
 2 The personal interest taken in these trials by King James is explained by the 
 fact that one of the crimes which the witches were made to confess was that they 
 had gone to sea in sieves and there raised the contrary wind which distressed His 
 Majesty's ship on his return from Denmark, whither he had gone to fetch his bride. 
 It was, perhaps, the experience thus gained in the persecution which impelled King 
 James later to compose a book on witchcraft [Daemofiologie, Edinburgh, 1597) ; 
 and which led him, on his ascent of the English throne in 1603, not only to bring 
 out at London a fresh edition of this treatise, but to inspire a new and sterner Eng- 
 lish statute against the witches. Under this statute of James was carried on most 
 of the witch-persecution in England and all that in the New England colonies. 
 
 ^ Then follows a summary of his confession and an account of his commission 
 to a solitary cell. What is next printed above is alleged to have happened on the 
 morrow. 
 
22 TRANSLATIONS AND REPRINTS. 
 
 awaie to the Saltpans, where hee was alwayes resident, and first appre- 
 hended. 'Of whose sodaine departure, when the Kings Majestie had in- 
 telligence, hee presently commanded diligent inquirie to bee made for 
 his apprehension ; and for the better effecting thereof, hee sent publike 
 proclamations into all partes of his lande to the same effect. By meanes 
 of whose hot and harde pursuite he was agayn taken, and brought to 
 prison ; and then, being called before the Kings Highnes, hee was re-ex- 
 amined, as well touching his departure, as also touching all that had 
 before happened. But this Doctor, notwithstanding that his owne con- 
 fession appeareth, remaining in recorde under his owne hande writting, 
 and the same thereunto fixed in the presence of the Kings Majestie and 
 sundrie of his Councell, yet did he utterly denie the same. 
 
 Whereupon the Kings Majestie, perceiving his stubborne willful- 
 nesse, conceived and imagined, that in the time of his absence, hee had 
 entered into newe conference and league with the Devill his maister ; 
 and that hee had beene again newly marked, for the w^hich he was nar- 
 rowly searched ; but it coulde not in anie waie be founde ; yet for more 
 tryall of him, to make him confesse, hee was commaunded to have a most 
 strange torment, which was done in this manner following. His nailes 
 upon all his fingers were riven and pulled off with an instrument called 
 in Scottish a Turkas, which in England wee call a payre of pincers, and 
 under every nayle there was thrust in two needels over even up to the 
 heads. At all which torments notwithstanding, the Doctor never shronke 
 anie whit ; neither woulde he then confesse it the sooner, for all the tor- 
 tures inflicted upon him. Then was hee, with all convenient speede, by 
 comraandement, convaied againe to the torment of the bootes, wherein 
 hee continued a long time, and did abide so many blowes in them, that 
 his legges were crusht and beaten together as small as might bee ; and 
 the bones and flesh so brused, that the bloud and marrow spouted forth 
 in great abundance ; whereby, they were made unserviceable for ever. 
 And notwithstanding all these grievous paines and cruell torments, he 
 would not confesse anie things; so deeply had the Devill entered into 
 his heart, that hee utterly denied all that which he before avouched ; 
 and would saie nothing thereunto, but this, that what hee had done and 
 sayde before, was onely done and sayde, for fear of paynes which he 
 had endured. 
 
 Upon great consideration, therefore, taken by the Kings Majestie 
 and his Councell, as well for the due execution of justice uppon such 
 detestable malefactors, as also for example sake, to remayne a terrour 
 
THE WITCH-PERSECUTION AT BAMBERG. 23 
 
 to all others heerafter, that shall attempt to deale in the lyke wicked 
 and ungodlye actions as witchcraft, sorcerie, conjuration, and such lyke ; 
 the saide Doctor Fian was soon after arraigned, condemned and ad- 
 judged by the law to die, and then to be burned according to the lawe 
 of that lande provided in that behalfe. Whereupon hee was put into 
 a carte, and beeing first strangled, hee was immediately put into 
 a great fire, being readie provided for that purpose, and there burned 
 in the Castle Hill of Edenbrough, on a Saterdaie, in the ende of Jan- 
 uarie last past, 1591. 
 
 VI. THE WITCH-PERSECUTION AT BAMBERG. 
 
 From mss. in the Bamberg library, as printed by Leitschuh, Beitrdge zur 
 Geschichte des Hexenwesens in Franken (Bamberg, 1883). 
 
 In 1628 there was tried for witchcraft at the episcopal city of Bamberg, in 
 Germany, the Burgomaster Johannes Junius. The minutes of the trial, which is 
 in all respects a fair specimen of witch-trials in general, are still to be seen at Bam- 
 berg. Translated from German into English, the greater part runs as follows : 
 
 ... On Wednesday, June 28, 1628, was examined without torture, 
 Johannes Junius, Burgomaster at Bamberg, on the charge of witch- 
 craft : how and in what fashion he had fallen into that vice. Is fifty- 
 five years old, and was born at Niederwaysich in the Wetterau. Says 
 he is wholly innocent, knows nothing of the crime, has never in his life 
 renounced God ; says that he is wronged before God and the world, 
 would like to hear of a single human being who has seen him at such 
 gatherings [as the witch-sabbaths]. 
 
 Confrontation of Dr. Georg Adam Haan. Tells him to his face 
 he will stake his life on it [er xmlle darauf lebeii und sterheii], that he 
 saw him, Junius, a year and a half ago at a witch-gathering in the elec- 
 toral council-room, where they ate and drank. Accused denies the 
 same wholly. 
 
 Confronted with HopfFens Elsse. Tells him likewise that he was 
 on Htmpts-moor at a witch-dance ; but fii*st the holy wafer was desecrated. 
 Junius denies. Hereupon he was told that his accomplices had confessed 
 against him and was given time for thought. 
 
 On Friday, June 30, 1628, the aforesaid Junius was again with- 
 out torture exhorted to confess, but again confessed nothing, whereupon, 
 . . . since he would confess nothing, he was put to the torture, and 
 first the 
 
24 
 
 TRANSLATIONS AND REPRINTS. 
 
 Thumb-screivs were applied. Says he has never denied God his Sav- 
 ior nor suffered himself to be otherwise baptized ; will again stake his 
 life on it ; feels no pain in the thumb-screws. 
 
 Leg-screws. Will confess absolutely nothing; knows nothing 
 about it. He has never renounced God ; will never do such a thing ; 
 has never been guilty of this vice ; feels likewise no pain. 
 
 Is stripped and examined ; on his right side is found a bluish 
 mark, like a clover leaf, is thrice pricked therein, but feels no pain and 
 no blood flows out.. 
 
 Strappado. He has never renounced God ; God will not forsake 
 him ; if he were such a wretch he would not let himself be so tortured ; 
 God must show some token of his innocence. He knows nothing about 
 witchcraft. ... 
 
 On July 5, the above named Junius is without torture, but with 
 urgent persuasions, exhorted to confess, and at last begins and confesses : 
 
 When in the year 1624 his law-suit at Rothweil cost him some six 
 hundred florins, he had gone out, in the month of August, into his or- 
 chard at Friedrichsbronnen ; and, as he sat there in thought, there had 
 come to him a woman like a grass-maid, who had asked him why he 
 sat there so sorrowful ; he had answered that he was not despondent, 
 but she had led him by seductive speeches to yield him to her will. . . . 
 And thereafter this wench had changed into the form of a goat, which 
 bleated and said, "Now you see with whom you have had to do. You 
 must be mine or I will forthwith break your neck." Thereupon he 
 had been frightened, and trembled all over for fear. Then the trans- 
 formed spirit had seized him by the throat and demanded that he should 
 renounce God Almighty, whereupon Junius said, "God forbid," and 
 thereupon the spirit vanished through the power of these words. Yet 
 it came straightway back, brought more people with it, and persistently 
 demanded of him that he renounce God in Heaven and all the heavenly 
 host, by which terrible threatening he was obliged to speak this for- 
 mula: "I renounce God in Heaven and his host, and will hencefor- 
 ward recognize the Devil as my God." 
 
 After the renunciation he was so tar persuaded by those present 
 and by the evil spirit that he suffered himself to be otherwise baptized^ 
 
 1 " Otherwise baptized" is the usual phrase for the rite, a parody of baptism, 
 by which the Devil was believed to initiate his followers. 
 
THE WITCH-PP:RSECUT10N at BAMBERG. 25 
 
 in the evil spirit's name. The Morhauptin had given him a ducat as 
 dower-gold, which afterward became only a potsherd. 
 
 He was then named Krix. His paramour he had to call Vixen. 
 Those present had congratulated him in Beelzebub's name and said 
 that they were now all alike. At this baptism of his there were among 
 others the aforesaid Christiana Morhauptin, the young Geiserlin, Paul 
 Glaser, [and others]. After this they had dispersed. 
 
 At this time his paramour had promised to provide him with 
 money, and from time to time to take him to other witch-gatherings. 
 
 . . . Whenever he wished to ride forth [to the witch-vsabbath] a 
 black dog had come before his bed, which said to him that he must go 
 with him, whereupon he had seated himself upon the dog and the dog 
 had raised himself in the Devil's name and so had fared forth. 
 
 About two years ago he was taken to the electoral council-room, at 
 the left hand as one goes in. Above at a table were seated the Chan- 
 cellor, the Burgomaster Neydekher, Dr. George Haan, [and many 
 others]. Since his eyes were not good, he could not recognize more 
 persons. 
 
 More time for consideration was now given him. On July 7, the 
 aforesaid Junius was again examined, to know what further had oc- 
 curred to him to confess. He confesses that about two months ago, on 
 the day after an execution was held, he was at a witch-dance at the 
 Black Cross, where Beelzebub had shown himself to them all and said 
 expressly to their faces that they must all be burned together on this 
 spot, and had ridiculed and taunted those present. . . . 
 
 Of crimes. His paramour had immediately after his seduction de- 
 manded that he should make away with his youngest son Hans Georg, 
 and had given him for this purpose a gray powder ; this, however, be- 
 ing too hard for him, he had made away with his horse, a brown, 
 instead. 
 
 His paramour had also often spurred him on to kill his daughter, 
 . . . and because he would not do this he had been maltreated with 
 blows by the evil spirit. 
 
 Once at the suggestion of his paramour he had taken the holy wa- 
 fer out of his mouth and given it to her. . . . 
 
 A week before his arrest as he was going to St. Martin's church 
 the Devil met him on the way, in the form of a goat, and told him that 
 he would soon be imprisoned, but that he should not trouble himself — 
 he would soon set him free. Besides this, by his soul's salvation, he 
 
26 TRANSLATIONS AND REPRINTS. 
 
 knew nothing further ; but what he had spoken was the pure truth ; 
 on that he would stake his life. On August 6, 1628, there was read to 
 the aforesaid Junius this his confession, which he then wholly ratified 
 and confirmed, and was willing to stake his life upon it. And after- 
 ward he voluntarily confirmed the same before the court. 
 
 [So ended the trial of Junius, and he was accordhigly burned at the stake. 
 But it so happens that there is also preserved in Baml^erg a letter, in quivering 
 hand, secretly written by him to his daughter while in the midst of his trial (July 
 24, 1628) :] 
 
 Many hundred thousand good-nights, dearly beloved daughter Ve- 
 ronica. Innocent have I come into prison, innocent have I been tor- 
 tured, innocent must I die. For whoever comes into the witch prison 
 must become a witch or be tortured until he invents something out of 
 his head and — God pity him — bethinks him of something. I will tell 
 you how it has gone with me. When I was the first time put to the 
 torture, Dr. Braun, Dr. Kotzendorfier, and two strange doctors were 
 there. Then Dr. Braun asks me, ''Kinsman, how come you here?" 
 I answer, "Through falsehood, through misfortune." "Hear, you," he 
 says, "you are a witch; will you confess it voluntarily? If not, we'll 
 bring in witnesses and the executioner for you." I said "I am no 
 witch, I have a pure conscience in the matter ; if there are a thousand 
 witnesses, I am not anxious, but I'll gladly hear the witnesses." Now 
 the chancellor's son was set before me . . . and afterward Hoppfeu 
 Elss. She had seen me dance on Haupts-moor. ... I answered : 
 "I have never renounced God, and will never do it — God graciously 
 keep me from it. I'll rather bear whatever I must." x\nd then came 
 also — God in highest Heaven have mercy — the executioner, and put 
 the thumb-screws on me, both hands bound together, so that the blood 
 ran out at the nails and everywhere, so that for four weeks I could not 
 use my hands, as you can see from the writing. . . . Thereafter they 
 first stripped me, bound my hands behind me, and drew me up in the 
 torture.^ Then I thought heaven and earth were at an end ; eight 
 times did they draw me up and let me fall again, so that I suffered ter- 
 rible agony. . . . 
 
 ' This torture of the strappado, which was that in most common use by the 
 courts, consisted of a rope, attached to the hands of the prisoner (bound behind 
 his back) and carried over a pulley at the ceiling. By this he was drawn up and 
 left hanging. To increase the pain, weights were attached to his feet or he was sud- 
 denly jerked up and let drop. 
 
THE WITCH-PERSECUTION AT BAMBERG. 2*J 
 
 And this happened on Friday, June 30, and with God's help I 
 had to bear the torture. . . . When at last the executioner led me 
 back into the prison, he said to me: "Sir, I beg you, for God's sake 
 confess something, whether it be true or not. Invent something, for 
 you cannot endure the torture which you will be put to ; and, even if 
 you bear it all, yet you will not escape, not even if you were an earl, 
 but one torture will follow after another until you say you are a witch. 
 Not before that," he said, "will they let you go, as you may see by all 
 their trials, for one is just like another." . . . 
 
 And so I begged, since I was in wretched plight, to be given one day 
 for thought and a priest. The priest was refused me, but the time for 
 thought was given. Now, my dear child, see in what hazard I stood 
 and still stand. I must say that I am a witch, though I am not, — 
 must now renounce God, though I have never done it before. Day 
 and night I was deeply troubled, but at last there came to me a new 
 idea. I would not be anxious, but, since I had been given no priest 
 with whom I could take counsel, I would myself think of something 
 and say it. It were surely better that I just say it with mouth and 
 words, even though I had not really done it ; and afterwards I would 
 confess it to the priest, and let those answer for it who compel me to do 
 it. . . . And so I made my confession, as follows ; but it was all a 
 lie. 
 
 Now follows, dear child, what I confessed in order to escape the 
 great anguish and bitter torture, which it was impossible for me longer 
 to bear. 
 
 [Here follows his confession, substantially as it is given in the minutes of his 
 trial. But he adds :] 
 
 Then I had to tell what people I had seen [at the witch-sabbath]. 
 I said that I had not recognized them. " You old rascal, I must set 
 the executioner at you. Say — w^as not the Chancellor there?" So I 
 said yes. "Who besides?" I had not recognized anybody. So he 
 said: "Take one street after another; begin at the market, go out on 
 one street and back on the next." I had to name several persons there. 
 Then came the long street.^ I knew nobody. Had to name eight per- 
 sons there. Then the Zinkenwert — one person more. Then over the 
 upper bridge to the Georgthor, on both sides. Knew nobody again. 
 
 '■'■Die lange gasse^^ — the street is still known by that name. 
 
28 TRANSLATIONS AND REPRINTS. 
 
 Did I know nobody in the castle — whoever it might be, I should speak 
 without fear. And thus continuously they asked me on all the streets, 
 though I could not and would not say more. So they gave me to the 
 executioner, told him to strip me, shave me all over, and put me to the 
 torture. "The rascal knows oue on the market-place, is with him daily, 
 and yet won't name him." By that they meant Dietmeyer: so I had 
 to name him too. 
 
 Then I had to tell what crimes I had committed. I said nothing. 
 . . *'Draw the rascal up!" So I said that I was to kill my children, 
 but I had killed a horse instead. It did not help. I had also taken a 
 sacred wafer, and had desecrated it. When I had said this, they left 
 me in peace. 
 
 Now, dear child, here you have all my confession, for which I 
 must die. And they are sheer lies and made-up things, so help me 
 God. For all this I was forced to say through fear of the torture which 
 was threatened beyond what I had already endured. For they never 
 leave off with the torture till one confesses something ; be he never so 
 good, he must be a witch. Nobody escapes, though he were an earl. 
 
 Dear child, keep this letter secret so that people do not find it, else 
 I shall be tortured most piteously and the jailers will be beheaded. So 
 strictly is it forbidden. . . . Dear child, pay this man a dollar. . . . 
 I have taken several days to write this : my hands are both lame. I 
 am in a sad plight. ... 
 
 Good night, for your father Johannes Junius will never see you 
 more. July 24, 1628. 
 
 [And on the margin of the letter he added :] 
 
 Dear child, six have confessed against me at once : the Chancellor, 
 his son, Neudecker, Zaner, Hoffhiaisters Ursel, and Hoppfen Els — all 
 false, through compulsion, as they have all told me, and begged my for 
 giveness in God's name before they were executed. . . . They know 
 nothing but good of me. They were forced to say it, just as I myself 
 was. . . . 
 
 VII. THE WITCH-PERSECETION AT WURZBURG. 
 
 From Codex german. 1254 of the Munich library, as printed by Leitschuh, 
 Beitrdge zur Geschichte des Hexenwesens in Franken, 
 In August, 1629, the Chancellor of the Prince-Bishop of Wiirzburg thus wrote 
 (in German) to a friend : 
 
THE WITCH-PERSECUTION AT WURZBURG. 29 
 
 As to the affair of the ^Yitches, which Your Grace thinks brought 
 to an end before this, it has started up afresh, and no words can do jus- 
 tice to it. Ah, the woe and the misery of it — there are still four hun- 
 dred in the city, high and low, of every rank and sex, nay, even clerics, 
 so strongly accused that they may be arrested at any hour. It is true 
 that, of the people of my Gracious Prince here, some out of all offices 
 and faculties must be executed : clerics, electoral councilors and doc- 
 tors, city officials, court assessors, several of whom Your Grace knows. 
 There are law students to be arrested. The Prince-Bishop has over 
 forty students who are soon to be pastors ; among them thirteen or four- 
 teen are said to be witches. A few days ago a Dean was arrested ; two 
 others who were summoned have fled. The notary of our Church con- 
 sistory, a very learned man, was yesterday arrested and put to the tor- 
 ture. In a word, a third part of the city is surely involved. The 
 richest, most attractive, most prominent, of the clergy are already exe- 
 cuted. A week ago a maiden of nineteen was executed, of whom it is 
 everywhere said that she was the fairest in the whole city, and was held 
 by everybody a girl of singular modesty and purity. She will be fol- 
 lowed by seven or eight others of the best and most attractive persons. 
 . . . And thus many are put to death for renouncing God and being 
 at the witch-dances, against whom nobody has ever else spoken a word. 
 
 To conclude this wretched matter, there are children of three and 
 four years, to the number of three hundred, who are said to have had 
 intercourse with the Devil. I have seen put to death children of seven, 
 promising students of ten, twelve, fourteen, and fifteen. Of the nobles 
 — but I cannot and must not write more of this misery. There are 
 persons of yet higher rank, whom you know, and would marvel to hear 
 of, nay, would scarcely believe it ; let j ustice be done . . . 
 
 P. S. — Though there are many wonderful and terrible things hap- 
 pening, it is beyond doubt that, at a place called the Fraw-Rengberg, 
 the Devil in person, with eight thousand of his followers, held an assem- 
 bly and celebrated mass before them all, administering to his audience 
 (that is, the witches) turnip-rinds and parings in place of the Holy Eu- 
 charist. There took place not only foul but most horrible and hideous 
 blasphemies, whereof I shudder to write. It is also true that they all 
 vowed not to be enrolled in the Book of Life, but all agreed to be in- 
 scribed by a notary who is well known to me and my colleagues. We 
 hope, too, that the book in which they are enrolled will yet be found, 
 and there is no little search being made for it. 
 
30 TRANSLATIONS AND REPRINTS. 
 
 VIII. THE METHODS OF THE WITCH-PERSECUTIONS. 
 
 It was in Franconia, during the persecutions just above described, that the 
 noble Jesuit poet, Friedrich von Spee, was made the confessor of those sentenced 
 to death for witchcraft and was thus inspired to write (though anonymously) the 
 book whose eloquent protest gave the persecution throughout Europe its first ef- 
 fective check. Not till long afterward did the philosopher Leibnitz reveal its au- 
 thorship, on the authority of his friend Johann Philipp von Schonborn, Archbishop 
 of Mainz, who as a boy at WLirzburg had known and loved Father Spee and had 
 learned from him the whole story in answer to a question as to the young father's 
 whitened hair. The last of the fifty-one doubts into which Spec's Cautio crnnina- 
 lis (Rinteln, 163 1) is divided runs thus (pp. 378 — 392) : 
 
 What, now, is the outline and method 0} the trials against witches 
 to-day in general usef — a thing worthy Germany's consideration. 
 
 1 answer : . . . 
 
 1. Incredible among us Germans and especially (I blush to say- 
 it) among Catholics are the popular superstition, envy, calumnies, 
 backbitings, insinuations, and the like, which, being neither punished by 
 the magistrates nor refuted by the pulpit, first stir up suspicion of 
 witchcraft. All the divine judgments which God has threatened in 
 Holy Writ are now ascribed to witches. No longer do God or nature 
 do aught, but witches everything. 
 
 2. Hence it comes that all at once everybody is clamoring that 
 the magistrates proceed against the witches — those watches whom only 
 their own clamor has made seem so many. 
 
 3. Princes, therefore, bid their judges and counselors to begin 
 proceedings against the witches. 
 
 4. These at first do not know where to begin, since they have no 
 testimony or proofs, and since their conscience clearly tells them that 
 they ought not to proceed in this rashly. 
 
 5. Meanwhile they are a second time and a third admonished to 
 proceed. The multitude clamors that there is something suspicious in 
 this delay ; and the same suspicion is, by one busybody or another, in- 
 stilled into the ear of the princes. 
 
 6. To offend these, however, and not to defer at once to their 
 wishes, is in Germany a serious matter : most men, and even clergymen, 
 approve with zeal whatever is but pleasing to the princes, not heeding 
 by whom these (however good by nature) are often instigated. 
 
 7. At last, therefore, the judges yield to their wishes, and in 
 some way contrive at length a starting-point for the trials. 
 
THE METHODS OP THE WITCH-PERBECUTIONS. 3 1 
 
 8. Or, if they still hold out and dread to touch the ticklish mat- 
 ter, there is sent to them a commissioner [^Inqnisltoi''] specially deputed 
 for this. And, even if he brings to his task something of inexperience 
 or of ardor, as is wont to happen in things human, this takes on in this 
 field another color and name, and is counted only zeal for justice. This 
 zeal for justice is no whit diminished by the prospect of gain, especially in 
 the case of a commissioner of slender means and avaricious, with a 
 large family, when there is granted him as salary so many dollars per 
 head for each witch burned, besides the fees and assessments which he is 
 allowed to extort at will from the peasants. 
 
 9. If now some utterance of a demoniac^ or some malign and idle 
 rumor then current (for proof of the scandal is never asked) points es- 
 pecially to some poor and helpless Gaia,^ she is the first to suffer. 
 
 10. And yet, lest it appear that she is indicted on the basis of ru- 
 mor alone, without other proofs, as the phrase goes, lo a certain presump- 
 tion is at once obtained against her by posing the following dilemma : 
 Either Gaia has led a bad and improper life, or she has led a good and 
 proper one. If a bad one, then, say they, the proof is cogent against 
 her ; for from malice to malice the presumption is strong. If, however, 
 she has led a good one, this also is none the less a proof ; for thus, they 
 say, are witches wont to cloak themselves and try to seem especially 
 proper, 
 
 11. Therefore it is ordered that Gaia be haled away to prison. 
 And lo now a new proof is gained against her by this other dilemma : 
 Either she then shows fear or she does not show it. If she does show it 
 (hearing forsooth of the grievous tortures w^ont to be used in this matter), 
 this is of itself a proof ; for conscience, they say accuses her. If she does 
 not show it (trusting foi*sooth in her innocence), this too is a proof; for 
 it is most characteristic of witches, they say, to pretend themselves pecu- 
 liarly innocent and wear a bold front. 
 
 12. Lest, however, further proofs against her should be lacking, 
 the Commissioner has his own creatures, often depraved and notorious, who 
 question into all her past life. This, of course, cannot be done without 
 coming upon some saying or doing of hers which evil-minded men can 
 easily twist or distort into ground for suspicion of witchcraft. 
 
 1 i. e., of course, an insane person. 
 
 2 i. e. woman. Gaia was the name used for a female culprit by the Reman 
 law — like the John Doe and Richard Roe of our own legal parlance. 
 
32 TRANSLATIONS AND REPRINTS. 
 
 13. If, too^ there are any who have borne her ill will, these, hav- 
 ing now a fine opportunity to do her harm, bring against her such 
 charges as it may please them to devise ; and on every side there is a 
 clamor that the evidence is heavy against her. 
 
 14. And so, as soon as possible, she is hurried to the torture, if 
 indeed she be not subjected to it on the very day of her arrest, as often 
 happens. 
 
 15. For in these trials there is granted to nobody an advocate or 
 any means of fair defense, for the cry is that the crime is an excepted 
 one,^ and whoever ventures to defend the prisoner is brought into suspi- 
 cion of the crime — as are all those who dare to utter a protest in these 
 cases and to urge the judges to caution ; for they are forthwith dubbed 
 patrons of the witches. Thus all mouths are closed and all pens blunted, 
 lest they speak or write. 
 
 16. In general, however, that it may not seem that no opportu- 
 nity of defense has been given to Gaia, she is brought out and the proofs 
 are first read before her and examined — if examine it can be called. 
 
 17. But, even though she then denies these and satisfactorily 
 makes answer to each, this is neither paid attention to nor even noted 
 down : all the proofs retain their force and value, however perfect her 
 answer to them. She is only ordered back into prison, there to bethink 
 herself more carefully whether she will persist in her obstinacy — for, 
 since she has denied her guilt, she is obstinate. 
 
 18. When she has bethought herself, she is next day brought 
 out again, and there is read to her the sentence of torture — just as if 
 she had before answered nothing to the charges, and refuted nothing. 
 
 19. Before she is tortured, however, she is led aside by the exe- 
 cutioner, and, lest she may by magical means have fortified herself 
 against pain, she is searched, her whole body being shaved, . . . ; 
 although up to this time nothing of the sort was ever found. 
 
 ^ >!« >i< :i< j|< >!< :^ ^ ^ 
 
 21. Then, when Gaia has thus been searched and shaved, she is 
 tortured that she may confess the truth, that is to say, that she may 
 
 ^ Crimina excepta were those in which, by reason of their enormity, all re- 
 straints upon procedure were suspended. Such were treason, and, by analogy, 
 treason against heaven — heresy, that is, and especially witchcraft. In dealing with 
 the latter an added ground for severity was found in the belief that the Devil might 
 aid supernaturally his allies. 
 
THE METHODS OF THE WITCH-PERSECUTIONS, 33 
 
 simply declare herself guilty ; for whatever else she may say will not 
 be the truth and cannot be. 
 
 22. She is, however, tortured with the torture of the first degree, 
 i. e., the less severe. This is to be understood thus : that, although in 
 itself it is exceeding severe, yet, compared with others to follow, it is 
 lighter. Wherefore, if she confesses, they say and noise it abroad that 
 she has confessed without torture. 
 
 23. Now, what prince or other dignitary who hears this can 
 doubt that she is most certainly guilty who thus voluntarily without 
 torture confesses her guilt? 
 
 24. Without any scruples, therefore, after this confession she is 
 executed. Yet she would have been executed, nevertheless, even 
 though she had not confessed; for when once a beginning has been 
 made with the torture, the die is already cast — she cannot escape, she 
 must die. 
 
 25. So, whether she confesses or does not confess, the result is 
 the same. If she confesses, the thing is clear, for, as I have said and 
 as is selt-evident, she is executed : all recantation is in vain, as I have 
 shown above. If she does not confess, the torture is repeated — twice, 
 thrice, four times: anything one pleases is permissible, for in an ex- 
 cepted crime ^ there is no limit of duration or severity or repetition of 
 the tortures. As to this, think the judges, no sin is possible w^hich can 
 be brought up before the tribunal of conscience.^ 
 
 26. If now Gaia, no matter how many times tortured, has not 
 yet broken silence, — if she contorts her features under the pain, if she 
 looses consciousness, or the like, then they cry that she is laughing or 
 has bewitched herself into taciturnity,^ and hence deserves to be burned 
 alive, as lately has been done to some who though several times tor- 
 tured would not confess. 
 
 27. And then they say- — even clergymen and confessors — that 
 she died obstinate and impenitent, that she would not be converted or 
 desert her paramour,* but kept rather her faith with him. 
 
 28. If, however, it chances that under so many tortures one dies. 
 
 See note on page 32. 
 i. e,, which can be in 
 ^ Uti maleficto taciturnitatis , i. e., by witchcraft makes herself incapable of 
 confession. 
 
 *i. e., of course, the Devil. 
 
34 TRANSLATIONS AND REPRINTS. 
 
 they say that her neck has been broken by the Devil 
 
 29. Wherefore justly, forsooth, the corpse is dragged out by the 
 executioner and buried under the gallows. 
 
 30. But if, on the other hand, Gaia does not die and some ex- 
 ceptionally scrupulous judge hesitates to torture her further without 
 fresh proofs or to burn her without a confession, she is kept in prison 
 and more harshly fettered, and there lies for perhaps an entire year to 
 rot until she is subdued. 
 
 31. For it is never possible to clear herself by withstanding and 
 thus to wash away the aspersion of crime, as is the intention of the laws. 
 It would be a disgrace to her examiners if when once arrested she should 
 thus go free. Guilty must she be, by fair means or foul, whom they 
 have once but thrown into bonds. 
 
 32. Meanwhile, both then and earlier, they send to her ignorant 
 and headstrong priests, more importunate than the executioners them- 
 selves. It is the business of these to harass in every wise the wretched 
 creature to such a degree that, whether truly or not, she will at last confess 
 herself guilty ; unless she does so, they declare, she simply cannot be 
 saved, nor share in the sacraments. 
 
 33. The greatest care is taken lest there be admitted to her priests 
 more thoughtful and learned, who have aught of insight or kindliness ; 
 as also that nobody visits her prison who might give her counsel or in- 
 form the ruling princes. For there is nothing so much dreaded by any 
 of them as that in some way the innocence of any of the accused should 
 be brought to light. . . . 
 
 34. In the meantime, while Gaia, as I have said, is still held in 
 prison, and is tormented by those whom it least behooves, there are not 
 wanting to her industrious judges clever devices by which they not only 
 find new proofs against Gaia, but by which moreover they so convict 
 her to her face (an 't please the gods !) that by the advice of some uni- 
 versity faculty ^ she is then at last pronounced to deserve burning alive. 
 
 35. Some, however, to leave no stone unturned, order Gaia to be 
 exorcised and transferred to a new place, and then to be tortured again, 
 in the hoj^e that by this exorcism and change of place the bewitchment 
 
 ' It was sometimes the juristic, sometimes the theologic, faculty of a university 
 which was called on for such advice, the crime of witchcraft being subject to both 
 secular and ecclesiastical jurisdiction. 
 
TI-IE METHODS OF THE WITCH-PERSECUTIONS. 35 
 
 of taciturnity may perhaps be broken. But, if not even this succeeds, 
 then at last they commit her alive to the flames. Now, in Heaven's 
 name, I would like to know, since both she who confesses and she who 
 does not perish alike, what way of escape there is for any, however in- 
 nocent? O unhappy Gaia, why hast thou rashly hoped? why hast thou 
 not, at first entering prison, declared thyself guilty? why, O foolish 
 woman and mad, wilt thou die so many times when thou mightst die 
 but once? Follow^ my counsel, and before all pain declare thyself guilty 
 and die. Thou wilt not escape ; for this were a disgrace to the zeal of 
 Germany. 
 
 36. If, now, any under stress of pain has once falsely declared 
 herself guilty, her wretched plight beggars description. For not only 
 is there in general no door for her escape, but she is also compelled to 
 accuse others, of whom she knows no ill, and whose names are not sel- 
 dom suggested to her by her examiners or by the executioner, or of 
 whom she has heard as suspected or accused or already once arrested 
 and released. These in their turn are forced to accuse othei^s, and 
 these still others, and so it goes on : who can help seeing that it must go 
 on without end? 
 
 37. Wherefore the judges themselves are obliged at last either to 
 break off the trials and so condemn their own w^ork or else to burn their 
 own folk, aye themselves and everybody : for on all soon or late false 
 accusations fall, and, if only followed by the torture, all are proved 
 guilty. 
 
 38. And so at last those are brought in question who at the out- 
 set most loudly clamored for the constant feeding of the flames; for they 
 rashly failed to foresee that their turn, too, must inevitably come — and 
 by a just verdict of heaven, since with their pestilent tongues they 
 created us so many witches and sent so many innocent to the flames. 
 
 39. But now gradually many of the wiser and more learned be- 
 gin to take notice of it, and, as if aroused from deep sleep, to open 
 their eyes and slowly and cautiously to bestir themselves. 
 
 46. From all which there follows this corollary, worthy to be 
 noted in red ink : that, if only the trials be steadily pushed on with, 
 there is nobody in our day, of whatsoever sex, fortune, rank, or dignity 
 who is safe, if he have but an enemy and slanderer to bring him into 
 suspicion of witchcraft. . . . 
 
36 TRANSLATIONS AND REPRINTS. 
 
 IX. SELECT BIBLIOGRAPHY. 
 
 There are few subjects on which so much has been written, yet so little that is 
 serious in aim and scholarly in method. An idea of the literature as a whole may 
 be gained from a paper on " The Literature of Witchcraft," contributed by the 
 present editor to the Papers of the American Historical Association for 1890, and 
 from Dr. Justin Winsor's "The Literature of Witchcraft in New England," in the 
 Proceedings of the American Antiquarian Society for 1895. The best survey, in 
 English, of the whole subject is still the chapter "Magic and Witchcraft" in Mr. 
 Lecky's " History of the Rise and Influence of the Spirit of Rationalism in Europe." 
 Mr. Lea's " History of the Inquisition in the Middle Ages " has, in its chapters on 
 "Sorcery and Occult Arts " and on " Witchcraft, " the best account of the rise of 
 the modern witch-persecution. Admirable for its insight is James Russell Lowell's 
 essay on " Witchcraft " (in his " Among my Books "). Of the monographs the 
 best of the more comprehensive are : 
 
 Soldan : Geschichte der Hexenprozesse. Neu bearbeitet von H. Heppe. 2 vols. 
 Stuttgart, 1880. 
 The most exhaustive, learned, and accurate of the histories of the witch-per- 
 secutions. 
 
 Wright: Narratives of Sorcery and Magic. 2 vols. London, 185 1. (i vol. 
 New York, 1852.) 
 
 Written to entertain, and with little attempt at exhaustiveness, but the work of 
 a true scholar. It is episodical in treatment and gives especial attention to the per- 
 secution in lands of English speech. 
 
 Baissac : Las Grands Jours de la Sorcellerie. Paris, 1890. 
 
 The best of the French histories of the subject. Jt gives most attention to 
 France. An earlier book of Baissac's, Le Diable (Paris, 1882), is also of 
 value for this study. 
 
 Diefenbach: Der Hexenwahn vor und nach der Glaubensspaltung in 
 Deutschland. Mainz, 1886. 
 A study, by a Catholic apologist, of the share of the rival faiths in the persecu- 
 tion. Directed in part against Soldan. An abler and more thorough treatment 
 from the Catholic side is now to be found, however, in the eighth volume of Jans- 
 sen's Geschichte des deutschen Volkes (Freiburg, 1894). 
 
 Langin : Religion und Hexenprczess. Leipzig, 1888. 
 
 A study of the same question from a Protestant point of view. In part an an- 
 swer to Diefenbach. 
 
 Michelet : La Sorciere. Paris, 1862. 
 
 An eloquent book, by a briUiant scholar ; but a rhapsody rather than a history, 
 and as full of fancy as of fact. It is available also in English translation (London, 
 
 1863). 
 
 Upham : Salem Witchcraft. 2 vols. Boston, 1867, 
 
 The standard work upon the most notable of American witch-persecutions. It 
 may be supplemented by Drake's Annals of Witchcraft in New England 
 and elsewhere in the United States (Boston, 1869). 
 
 Roskoff: Geschichte des Teufels. 2 vols. Leipzig, 1869. 
 
 Best for the history of the Devil in his relation to witchcraft. Of value, but 
 dealing less learnedly and minutely with the witch-persecution, are also Conway's 
 Denionology and Devil-lore (London, and New York, 1879) and Grafs // 
 Diavolo (Milan, 1889). 
 
 Binz : Doctor Johann W^eyer. Bonn, 1885. 2d ed,, enlarged, Berlin, 1896. 
 
 A scholarly biography of the first great opponent of witch-persecution, with 
 excellent sketches of his opponents and of his followers in this humane struggle. 
 
Translations and Reprints 
 
 FROM THE 
 
 ORIGIiSrAl. SOURCES OF EUROPEAN HISTORY. 
 Voiv. III. English Manorial Documents. No. 5. 
 
 TABI.E OF CONTENTS. 
 
 PAGE 
 
 I. Extents or Surveys. 
 
 1. A Domesday Manor, 3 
 
 2. A Manor of Peterborough Abbey, 4 
 
 3. A Manor of the Hundred, Rolls, 4 
 
 4. A Manor of Battle Abbey, 8 
 
 II. CoMPOTUS Roll— Account of Cuxhani, 14 
 
 III. Manor Court Rolls. 
 
 I. Rolls of Great Cressingham, 20 
 
 .2. Rolls of Durham Priory, 24 
 
 IV. Description of a Manor House, 31 
 
 V. Manumission of a Villein, 31 
 
 INTRODUCTION. 
 
 The manor was the most fundamental institution of mediaeval society. In 
 the use of the term as a territorial expression, equivalent to villa, vill, or township, 
 a manor was a stretch of country occupied by a rural population, grouped in a sin- 
 gle village, or perhaps in several hamlets, each surrounded by its agricultural lands. 
 Part of the land of the manor, known as the deinesne, was culdvated by the lord of 
 the manor through a bailiff or other officers, the remainder was occupied by tenants, 
 free and serf, who cultivated their scattered holdings and, in the form of compuls- 
 ory services, performed most of the labor on the demesne lands. The manor, in 
 this sense, was the agricultural unit of the country, and had its own internal or- 
 ganization based upon the form of distribution of the land, the method of its cul- 
 tivation, and the reciprocal relations of the Tiemesne and the rest of the land. The 
 greater part of England was divided into such manors, either contiguous or separated 
 by unused stretches of moor, fen, or forest. 
 
2 TRANSLATIONS AND REPRINTS. 
 
 Some slight indications of this organization are discoverable from Anglo Saxon 
 documents, from the entries of Domesday Book, and certain other early documents. 
 But the fullest information is to be found in the surveys or Extents of the 13th and 
 later centuries. These were drawn up from time to time for the iirformation of the 
 lord of the manor by a steward or other representative, who obtained his infomia- 
 tion from a group of the inhabitants of the manor who were put upon their oath for 
 that purpose. Such a survey, inquisition, or extent usually gives a description of 
 the kind, amount, and value of the demesne lands, a list of the inhabit;ints of the 
 manor, with the amounts of land which they hold, the payments they ma. :e and the 
 services they are bound to perform, with some information in regard to the peculiar 
 local customs. A less formal and complete description of a manor is often spoken of 
 as a Rental or Custunial. 
 
 For the actual processes of agriculture, in the case of the small farming tenants, 
 we have not much direct information ; but in the case of the' demesne farm, full 
 information as to both cultivation and administration is given not only in certain 
 contemporary treatises, but in the bailiffs' accounts or Compotus rolls. These, 
 of which large numbers exist, but of which only a few have been published, give 
 detailed reports as to income and expenditure upon the manor farm. As this 
 demesne farm was frequently of several hundred acres, besides pasture and woods, 
 careful lords of manors, especially ecclesiastical corporations, insisted on minute 
 reports of all details from the steward, bailiff, reeve, or other official in charge of 
 each of their manors. 
 
 But the manor was not only a territorial and agricultural organization, it was 
 also a political or legal body, a unit of jurisdiction. The same lord of the manor 
 who held the demesne lands and received rents and agricultural services from the 
 tenants, usually possessed also rights of jurisdiction over them. The court leet, 
 court baron, customary court, and view of frank-pledge all habitually, if not necessar- 
 ily, had the single manor as their sphere of action. The lord also had the power, 
 usually, to impose tallages or aids upon his servile tenants at least. The inhabi- 
 tants were therefore bound together into a single social group by this quasi-political 
 subjection to the lord of the manor, no less than by the nature of their associative 
 agriculture. It is this conception and existence of the manor as a separately organ- 
 ized group of people that gives rise to the expression "the custom of the manor," 
 which occurs everywhere in documents connected in any way with local institutions 
 as it dominated everywhere among these institutions. Statements of this custom 
 of the manor, records of the daily life, and indications of the legal relations of the in- 
 habitants of the country districts exist in remarkable fullness and detail in the rolls 
 or records of the manor courts. These met at frequent intervals under the steward 
 or other representative of the lord of the manor, and attendance was a general re- 
 quirement from both free and servile tenants. Soon after the middle of the 13th 
 century the proceedings at these meetings of the inhabitants of the manor began to 
 be recorded, and for thousands, probably, of the petty rural communities such rolls 
 exist or have existed, rivalling the records of the great royal courts in fullness, and 
 frequently in interest. Usually a number of different manors were in the pos- 
 session of one person or corporation, a noljleman, a monastery, a college of the 
 University. The steward representing this lord would pass from one manor of the 
 
A DOMESDAY MANOR. 3 
 
 group to another holding a court at each and having the proceedings recorded suc- 
 cessively on one sheet of parchment or a series of sheets sewed together to form a 
 roll. Or all the records of one manor would be preserved on one roll, all those of 
 another on a second ; in either case the rolls remaining in the custody of the lord. 
 The manor courts were occupied with a great variety of matters ; land transfers, 
 enforcement of the rights of the lord and of the custom of the manor, punishment 
 of offenses, settlement of civil disputes, adoption or promulgation of local statutes. 
 Many characteristics of mediaeval society, the actual status of the villein tenants, 
 the shadowy distinctions between bond and free, the relations of both to the lord 
 of the manor, are to be discovered from these records rather than from formal legal 
 treatises, contemporary though they be. Theoretical law was different even from 
 the practice of the king's courts, far more so from the actual conditions where local 
 custom was all powerful. 
 
 It should be noted that in addition to the two senses already discussed, the 
 word majieriufn sometimes refers to the actual manor-house or principal building 
 of the manor, occupied regularly or occasionally by the lord of the manor, when it 
 was in the possession of an individual, or by some official if it was, as in so large a 
 number of cases, held by some corporation. 
 
 Lastly, the manor is here treated entirely from the point of view of its internal or- 
 ganization. It may be remarked that in its outward relations the manor was in many 
 ways the unit alike of the early national organization of England and of the later 
 feudal system superimposed upon it. The hundred and county courts had their 
 largest element in the representatives from each manor or township within their 
 borders ; the territories of a feudal noble or a monastery consisted of such and such 
 manors ; and even the king obtained his normal revenue from his income as lord of 
 a vast number of manors. 
 
 Sme typical examples of each of the classes of manorial documents described 
 above are given in the following pages. 
 
 I. EXTENTS, RENTALS, OR CUSTUMALS. 
 
 I. A DOMESDAY MANOR: HECHAM, ESSEX, A. D. IO86. 
 Domesday Book, II, 78 b. 
 
 In the form in v/hich the Domesday record has been preserved, the entries 
 are arranged under each county by landholders, the possessions of the king being 
 named and described first, then those pf the lai-gest landholder, and so successively 
 till freeholders are reached who have only a single manor, or sometimes only land 
 in a manor. 
 
 Peter de Valence holds in domain Hecham, which Haldane a 
 freeman held in the time of King Edward, as a manor, and as 5 hides. 
 There have always been 2 ploughs in the demesne, 4 ploughs of the 
 men. At that time there were 8 villeins, now 10 ; then there were 2 
 bordars, now 3; at both times 4 servi, woods for 300 swine, 18 acres of 
 meadow. Then there were 2 fish ponds and a half, now there are none. 
 
4 TRANSLATIONS AND REPRINTS. 
 
 At that time there was 1 ox, now there are 15 cattle and 1 small horse 
 and 18 swine and 2 hives of bees. At that time it was worth 60s., now 
 4£. 10s. When he received this manor he fonnd only 1 ox and 1 
 planted acre. Of those 5 hides spoken of above, one was held in the 
 time of King Ed^vard by 2 freemen, and was added to this manor in the 
 time of King William. It w^as worth in the time of King Edward 10s., 
 now 22s., and William holds this from Peter de Valence. 
 
 2. A MANOR OF THE ABBEY OF PETERBOROUGH, ABOUT A. D. II 25. 
 
 Liber Niger Monasterii Sancti Petri de Burgo, in Chronicon Petroburgense, 
 Camden Society, pp. 160-161. 
 
 The Black Book of Peterborough abbey, the contents of which have been 
 printed as an appendix to the Chronicle of that abbey, contains the oldest manorial 
 surveys, next to Domesday and the preceding Saxon documents. The date of its 
 composition lies between 1125 and 1 128. 
 
 In Werminton are 7 hides at the taxation of the kiag. And of 
 this land 20 full villeins and 29 half-villeins hold 34 virgates and a 
 half; and for these the full villeins work 3 days a week through the 
 year ; and the half tenants as much as corresponds to their tenancies. 
 And all these men have 16 plows, and they plow 68 acres and a halfl, 
 and besides this they do 3 boonworks with their plows, and they ought to 
 bring from the woods 34 wagon loads of wood. And all these men pay 
 4£. lis. 4d. And to the love feast of St. Peter 10 rams and 400 
 loaves and 40 platters and 34 hens and 260 eggs. And there are 8 
 socmen who have 6 plows. In the demesne of the court are 4 plows of 
 32 oxen and 9 cows and 5 calves, and 1 riding horse and 129 sheep and 
 61 swine and 1 draught-horse and 1 colt. And there is 1 mill with 1 
 virgate of land and 6 acres which pays 60s. and 500 eels. And Asce- 
 lin the clerk holds the church with 2 virgates of land, from the altar of 
 St. Peter of Borough. Robert, son of Richard, has 2 virgates and a 
 half In this vill 100 sheep can be placed. 
 
 3. A MANOR OF THE HUNDRED ROLLS, A. D. 1 279: ALW^ALTON, 
 HUNDRED OF NORMANCROSS, COUNTY OF HUNTINGDON. . 
 
 Rotuli Hundredorum, II, pp. 658-9. 
 
 The a]:)bot of Peterborough holds the mauor of Alwalton and vill 
 from the lord king directly ; which manor and vill with its appurtenances 
 the lord Edward, formerly king of Ejigland gave to the said abbott and 
 
EXTENT OF ALWALTON. 5 
 
 convent of that place in free, pure, and perpetual alms. And the court 
 of the said manor with its garden contains one half an acre. And to the 
 whole of the said vill of Alwalton belong 5 hides and a half and 1 vir- 
 gate of land and a half; of which each hide contains 5 virgates of land 
 and each virgate contains 25 acres. Of these hides the said abbot has 
 in demesne 1 hide and a half of land and half a virgate, which contain 
 as above. Likewise he has there 8 acres of meadow. Also he has there 
 separable pasture w^hich contains 1 acre. Likewise he has there three 
 water mills. Likewise he has there a common fish pond with a fish-weir 
 on the bank of the Nene, which begins at Wildlake and extends to the 
 mill of Newton and contains in length 2 leagues. Likewise he has there 
 a ferry with a boat. 
 
 Free tenants. Thomas le Boteler holds a messuage with a court 
 yard which contains 1 rood, and 3 acres of land, by charter, paying 
 thence yearly to the said abbot 14s. 
 
 Likewise the rector of the church of Alwalton holds 1 virgate of 
 land with its appurtenances, with which the said church was anciently 
 endowed. Likewise the said rector has a holding the tenant of which 
 holds 1 rood of ground by paying to the said rector yearly 12d. 
 
 And the abbot of Peterborough is patron of the church. 
 
 Villeins. Hugh Miller holds 1 virgate of land in villenage by 
 paying thence to the said abbot 3s. Id. Likewise the same Hugh works 
 through the whole year except 1 week at Christmas, 1 week at Easter, 
 and 1 at Whitsuntide, that is in each week 3 days, each day with 1 
 man, and in autumn each day with 2 men, performing the said works at 
 the will of the said abbot as in plowing and other work. Likewise he 
 gives 1 bushel of wheat for benseed and 18 sheaves of oats for foddercorn. 
 Likewise he gives 3 hens and 1 cock yearly and 5 eggs at Easter. Like- 
 wise he does carrying to Peterborough and to Jakele and no where else, 
 at the will of the said abbot. Likewise if he sells a brood mare in his 
 court yard for 10s. or more, he shall give to the said abbot 4d., and if 
 for less he shall give nothing to the aforesaid. He gives also merchet ^ 
 and heriot, and is tallaged at the feast of St. Michael, at the will of the 
 
 ^ Merchet, from Latin maritagiuin, was a payment collected by the lord of the 
 manor, usually from the father of a girl on her marriage, but also frequently from 
 widows remarrying, and even from men of villein status on their marriage. The 
 payment of merchet was one of the most constant tests of villenage. See Sel. PI. 
 in Manorial Courts., Selden Soc. I. 94. 
 
6 TEANSLATIONS AND REPRINTS. 
 
 said abbot. There are also there 17 other villeins, viz. John of 
 Ganesoupe, Robert son of Walter, Ralph son of the reeve, Emma ate 
 Pertre, William son of Reginald, Thomas son of Gunuilda, Eda widow 
 of Ralph, Ralph Reeve, William Reeve, William son of William Reeve, 
 Thomas Flegg, Henry Abbott, William Hereward, Serle son of William 
 Reeve, Walter Palmer, William Abbot, Henry Serle ; each of whom 
 holds 1 virgate of land in villenage, paying and doing in all things, 
 each for himself, to the said abbot yearly just as the said Hugh Miller. 
 There are also 5 other villeins, viz. Simon Mariot, Robert of Hastone, 
 Thomas Smith, John Mustard, and William Carter, each of whom 
 holds half a virgate of land by paying and doing in all things half of 
 the whole service which Hugh Miller pays and does. 
 
 Cotters. Henry, son of the miller, holds a cottage with a croft 
 which contains 1 rood, paying thence yearly to the said abbot 2s. 
 Likewise he works for 3 days in carrying hay and in other works at the 
 will of the said abbot, each day with 1 man and in autumn 1 day in 
 cutting grain with 1 man. 
 
 Likewise Ralph Miller holds a cottage with a croft which contains 
 a rood, paying to the said abbot 2s.; and he works just as the said Henry. 
 
 Likewise William Arnold holds a cottage with a croft which con- 
 tains half a rood, paying to the abbot 2d.; and he works just as the said 
 Henry. 
 
 Likewise Hugh Day holds a cottage with a croft which contains 1 
 rood, paying to the abbot 8d.; and he w^orks just as the said Henry. 
 
 Likewise Sara, widow of Matthew Miller, holds a cottage and a 
 croft which contains half a rood, paying to the said abbot 4d.; and she 
 works just as the said Henry. 
 
 Likewise Sara, widow of William Miller, holds a cottage and a 
 croft which contains half a rood, paying to the abbot 4d.; and she works 
 just as the said Henry. 
 
 Likewise William Kendale holds a cottage and a croft which con- 
 tains 1 rood, paying to the abbot 8d.; and he works just as the said 
 Henry. 
 
 Likewise Agnes the widow holds a cottage with a croft which con- 
 tains 1 rood, paying thence yearly 12d.; and she works just as the said 
 Henry. 
 
 Likewise Geoffrey Note holds a cottage and croft which contains 
 half a rood; paying yearly 8d.; and he works just as the said Henry. 
 
EXTENT OF ALWALTON. 7 
 
 Likewise Beatrice the widow holds a cottage and croft which con- 
 tains half a rood, paying to the abbot 8d.; and she works just as the 
 said Henry. 
 
 Likewise Henry of Aylingtone holds a cottage with a croft which 
 contains half a rood, and 1 acre of land, paying to the abbot 2s. 8d. ; and 
 he works j list as the said Henry. 
 
 Likewise Benedict Atelane holds a cottage with a croft which con- 
 tains half a rood, paying to the abbot 8d.; and he works just as the said 
 Henry. 
 
 Likewise Geoffrey Baker holds a toft and croft, and it contains half 
 a rood, paying to the abbot 4d.; and he works just as the said Henry. 
 
 Likewise Robert Prenk holds a cottage with a croft which contains 
 half a rood, paying to the said abbot 4d.; and he works just as the said 
 Henry. 
 
 Likewise Roger Doket holds a cottage with a croft which contains 
 half a rood, paying to the abbot 4d.; and he works just as the said 
 Henry. 
 
 Likewise Geoffrey Drake holds a cottage with a croft which contains 
 half a rood, paying to the abbot 4d.; and he works just as the said 
 Henry. 
 
 Likewise Sara the widow holds a cottage with a croft which con- 
 tains a rood, and a half acre of land, paying to the abbot 8d.; and she 
 works just as the said Henry. 
 
 Likewise William Drake holds a cottage with a croft which con- 
 tains half a rood, paying to the abbot 6d.; and he works just as the said 
 Henry. 
 
 There are there also 6 other cotters, viz. William Drake Jr., 
 Amycia the widow, Alice the widow, Robert son of Eda, William Pep- 
 per, William Coleman, each of whom holds a cottage with a croft which 
 contains half a rood, paying and doing in all things, each for himself, 
 just as the said William Drake. 
 
 Likewise William Russel holds a cottage with a croft which con- 
 tains half a rood, paying to the abbot 8d.; and he works in all things just 
 as the said Henry Miller. 
 
 There are moreover there 5 other cotters, viz. Walter Pestel, Ralph 
 Shepherd, Henry Abbot, Matilda Tut, Jordan Mustard, each of whom 
 holds a cottage with a croft which contains half a rood, paying thence 
 and doing in all things to the said abbot just as the said William Russel. 
 
8 TRANSLATIONS AND REPRINTS. 
 
 Likewise Beatrice of Hampton holds a cottage and croft vrhich con- 
 tains 1 rood, paying to the abbot 12d.; and she works in all things just 
 as the said Henry. 
 
 Likewise Hugh Miller holds 3 acres of land paying to the abbot 
 42d. 
 
 Likewise Thomas, son of Richard, holds a cottage with a croft 
 Vvdiich contains half a rood, and 3 acres of land, paying to the abbot 4s. 
 and he w^orks just as the said Henry. 
 
 Likewise Ralph Reeve holds a cottage with a croft which contains 
 1 rood, and 1 acre of land, paying to the abbot 2s.; and he w^orks just 
 as the said Henry. 
 
 Likewise each of the said cottagers, except the widow^s, gives yearly 
 after Christmas a penny which is called head-penny. 
 
 4. EXTENT OF THE MANOR OF BERNEHORNE, SUSSEX. A. D. I307. 
 Custumals of Battle Abbey, Camden Society, pp. 17-22. 
 
 Extent of the manor of Bernehorne, made on Wednesday next after 
 the feast of St. Gregory the Pope, in the thirty-fifth year of the reign of 
 King Edward, in the presence of Brother Thomas, keeper of Marley, 
 John de la More, and Adam de Thruhlegh, clerks, on the oath of 
 William de Gocecoumbe, Walter le Parker, Richard le Knyst, Richard 
 the son of the latter, Andrew of Estone, Stephen Morsprich, Thomas 
 Brembel, William de Sw^nham, John PolLird, Roger le Glide, John 
 Syward and John de Lillingewist, who say etc., that there are there 
 all the following things : 
 
 The jurors say that the principal messuage and its garden w^ith the 
 herbage and curtilage are worth yearly 6s. 8d. ; and the dovecote is w^orth 
 yearly 5s.; and the windmill is worth yearly 20s. 
 
 And there are there 12 acres of thick undergrow^th whence the 
 pannage and herbage are worth yearly 2s. 
 
 And there are there 42 acres of maritime^ land in a certain place 
 called Scotsmarsh, each acre of which is worth yearly 12d., the sum 
 being 42s. 
 
 And there are there 7 acres and 1 rood of maritime land in a cer- 
 tain place called Aldithewisse ; and 47 acres and 3 roods of maritime 
 
 ' Apparently land which was close to the salt marsh but yet capable of being 
 cultivated, since agricultural services of the villein tenants are mentioned subse- 
 quently. 
 
EXTENT OF BERNEHORNE. 9 
 
 land in a certain place called Flittermarsh, each acre of which is worth 
 yearly 12d. the sum being 55s. 
 
 And there are there 22 acres of maritime land in two places called 
 Pundfold and Longrech ; and 7 acres of maritime land in a certain place 
 called Wyssh, and 8 acres and 3 roods of maritime land in a certain 
 place called Upcroft marsh, and 3 acres and a half of maritime land in 
 a certain place called Redewysshe; and each acre is worth yearly 12d.: 
 the sum being 41s. 3d. 
 
 And there are there 19 acres, 1 rood of maritime land in a certain 
 place called Berghamsmarsh, and 7 acres in a certain place called 
 Pammarsh, and 3 acres and 1 rood of maritime land beyond the wall 
 of Flittermarsh and Longreche ; and each acre is worth yearly 12d.: the 
 sum being 29s. 6d. 
 
 And there are there 15 acres of marshy land in a certain place called 
 Swynhamme and 66 acres of marshy land in a certain place called Hoo- 
 brokes, each acre of which is worth now 4d. a year ; and the foresaid 
 marshy lands, if they should be properly drained wall be worth lOd. per 
 acre yearly ; the sum being 4£. 4s. 2d. 
 
 And there are there 18 acres of waste land in the fields called 
 Welleland and Hammes, and 21 acres of land in the fields called Panden 
 and Panylond, each acre of which is worth yearly 6d. : the sum being 
 19s. 6d. ' 
 
 And there are there 24 ^ acres in the field of Berghamme, and each 
 acre is worth yearly 6d.: the sum being 12s. 3d. 
 
 And there are there 34 acres of land in a certain place called 
 Swynhamme, and 56 acres of land in a certain field called Hoolonde, of 
 which each acre is worth yearly 3d. and the sum is 22s, 6d. 
 
 And there are there 30 ^ acres of land in the fields called Eldeton 
 and Furneyslland, and 12 acres of land in the fields called Pleme and 
 Schebbecroft and Robertsmarsh, and each acre is worth yearly 3d.; the 
 sum being 10s. 7M. 
 
 And there are there 6 acres and 1 rood of meadow in a certain 
 place called Hoolonde, and 6 acres of meadow in a certain place called 
 Robertsmarsh, and 1 acre of meadow near Robertswood, otherwise called 
 Rokeswood, each acre of which is worth 18d. a year ; and the sum is 19s. 
 lOM. 
 
 The total of the acres of woods is 12 acres. 
 
 The total of the acres of arable land is 444 acres and 3 roods, of 
 
lO TRANSLATIONS AND REPRINTS. 
 
 which 147 acres 4 roods are maritime land, 101 acres marshy land, and 
 180 acres waste ground. 
 
 The total of the acres of meadow is 1 3 acres 1 rood. 
 The total of the whole preceding extent 18£. 10s. 4d. 
 
 John Pollard holds a half acre in Aldithewisse and owes 18d. at 
 the four terms, and owes from it relief and heriot. 
 
 John Suthinton holds a house and 40 acres of land and owes 3s. 
 6d. at Easter and Michaelmas. 
 
 William of Swynhamme holds 1 acre of meadow in the thicket of 
 Swynhamme and owes Id. at the feast of Michaelmas. 
 
 Ralph of Leybourne holds a cottage and 1 acre of land in Pinden 
 and owes 3s. at Easter and Michaelmas, and attendance at the court in 
 the manor every three weeks, relief and heriot. 
 
 Richard Knyst of Swynhamme holds 2 acres and a half of land and 
 owes yearly 4s. 
 
 William at Knelle holds 2 acres of land in ALdithewisse and owes 
 yearly 4s. 
 
 Roger le Glede holds a cottage and 3 roods of land and owes 2s. 6d. 
 at Easter and Michaelmas. 
 
 Alexander Hamound holds a little piece of land near Aldewisse and 
 owes 1 goose, of the value of 2d. 
 
 The sum of the whole rent of the free tenants, with the value of the 
 goose, is 18s. 9d. 
 
 They say moreover that John of Cayworth holds a house and 30 
 acres of land, and owes yearly 2s. at Easter and Michaelmas ; and he 
 owes a cock and two hens at Christmas, of the value of 4d. 
 
 And he ought to harrow for 2 days at the Lenten sow^ing with one 
 man and his own horse and his own harrow, the value of the work being 
 4d. ; and he is to receive from the lord on each day 3 meals, of the 
 value of 5d., and then the lord will be at a loss of Id. Thus his harrow- 
 ing is of no value to the service of the lord. 
 
 And he ought to carry the manure of the lord for 2 days with 
 one cart, with his own 2 oxen, the value of the work being 8d. : and 
 he is to receive from the lord each day 3 meals of the price as above. 
 And thus the service is worth 3d. clear. 
 
 And he shall find one man for 2 days for mowing the meadow of 
 the lord, who can mow, by estimation 1 acre and a half, the value of the 
 
EXTENT OF BERNEHORNE. II 
 
 mowing of an acre being 6d.: the sum is therefore 9(1. and he is to 
 receive each day 3 meals of the value given above ; and thus that mow- 
 ing is worth 4d. clear. 
 
 And he ought to gather and carry that same hay which he has cut, 
 the price of the work being 3d. 
 
 And he shall have from the lord 2 meals for 1 man, of the value of 
 IJd. Thus the work wall be worth lid. clear. 
 
 And he ought to carry the hay of the lord for 1 day with a cart 
 and 3 animals of his own, the price of the work being 6d. And he shall 
 have from the lord 3 meals of the value of 2 Jd. And thus the work is 
 w^orth 35d. clear. 
 
 And he ought to carry in autumn beans or oats for 2 days with a 
 cart and 3 animals of his own, the value of a work being 12d. And 
 he shall receive from the lord each day 3 meals of the value given 
 above : and thus the work is worth 7d. clear. 
 
 And he ought to carry wood from the woods of the lord as far as 
 the manor^ for two days in summer wdth a cart and three animals of his 
 own the value of the work being 9d. And he shall receive from the 
 lord each day 3 meals of the price given above, and thus the work is 
 worth 4d. clear. 
 
 And he ought to find 1 man for 2 days to cut heath, the value of 
 the work being 4d. and he shall have 3 meals each day of the value 
 given above ; and thus the lord will lose, if he receives the service, 3d. 
 Thus that mowing is w^orth nothing to the service of the lord. 
 
 And he ought to carry the heath which he has cut, the value of the 
 work being 5d. And he shall receive from the lord 3 meals at the price 
 of 2*d. And thus the work will be w^orth 2^d. clear. 
 
 And he ought to carry to Battle tw^ice in the summer season, each 
 time half a load of grain, the value of the service being 4d. And he 
 shall receive in the manor each time 1 meal of the value of 2d. And 
 thus the work is worth 2d. clear. 
 
 The total of the rents, with the value of the hens is 2s. 4d. 
 
 The total of the value of the works is 2s. 32d-; owed from the said 
 John yearly. 
 
 William of Cayworth holds a house and 30 acres of land and owes 
 at Easter and Michaelmas 2s. rent. And he shall do all customs just as 
 the foresaid John of Cayworth. 
 
 ^ i. e., the manor-house. 
 
12 TRANSLATIONS AND REPRINTS. 
 
 William atte Grene holds a house and 30 acres of land and owes in 
 all things just as the said John. 
 
 Alan atte Felde holds a house and 16 acres of land, (for which 
 the sergeant pays to the court of Bixley 2s.) ^ and he owes at Easter and 
 Michaelmas 4s., attendance at the manor court, relief and heriot. 
 
 John Lyllingwyst holds a house and 4 acres of land and owes at the 
 two terms 2s., attendance at the manor court, relief and heriot. 
 
 The same John holds one acre of land in the fields of Hoo and owes 
 at the two periods 2s., attendance, relief and heriot. 
 
 Reginald atte Denne holds a house and 18 acres of land and owes at 
 the said periods 18d., attendance, relief and heriot. 
 
 Robert of Northehou holds 3 acres of land at Saltcote and owes at 
 the said periods attendance, relief and heriot. 
 
 Total of the rents of the villeins, with the value of the hens, 20s. 
 Total of all the works of these three villeins, 6s. lOid. 
 
 And it is to be noted that none of the above named villeins can give 
 their daughters in marriage nor cause their sons to be tonsured,^ nor can 
 they cut down timber growing on the lands they hold, without license of 
 the bailiff or sergeant of the lord, and then for building purposes and 
 not otherwise. And after the death of any one of the foresaid villein 
 the lord shall have as a heriot his best animal, if he had any ; if however 
 he have no living beast the lord shall have no heriot, as they say. 
 The sons or daughters of the foresaid villeins shall give for entrance into 
 the holding after the death of their predecessors as much as they give of 
 rent per year. 
 
 Silvester the priest holds 1 acre of meadow adjacent to his house, 
 and owes yearly 3s. 
 
 Total of the rent of tenants for life, 3s. 
 
 Petronilla atte Holme holds a cottage and a piece of land and 
 owes at Easter and Michaelmas . . ; attendance, relief, and heriot. 
 
 Walter Herying holds a cottage and a piece of land and owes at 
 Easter and Michaelmas 18d., attendance, relief, and heriot. 
 
 1 Bixley was a neigboring manor, held by the Bishop of Chichester, having cer- 
 tain claims over some of the land in the manor of Bernehorne. 
 
 ''That is to let them enter the clergy. This w^as not only a common prohibition 
 according to the custom of many manors but was enacted in statute law. "Sons of 
 rustics ought not to be ordained without the assent of the lord on whose land they 
 are known to have been born." Constitutions of Clarendon, c. i6. (A. D. 1164), 
 
EXTENT OF BERNEHORNE. I 3 
 
 Isabella Mariner holds a cottage and owes at the feast of St. Mi- 
 chael 12d., attendance, relief, and heriot. 
 
 Jordan atte Melle holds a cottage and 1 acre of land and a half 
 and owes at Easter and Michaelmas 2s., attendance, relief, and heriot. 
 
 William of Batelesmere holds 1 acre of land with a cottage and 
 owes at the feast of St. Michael 3d., and 1 cock and 1 hen at Christmas, 
 of the value of 3d., attendance, relief, and heriot. 
 
 John le Man holds half an acre of land with a cottage, and owes 
 at the feast of St. Michael 2s., attendance, relief, and heriot. 
 
 John Werthe holds 1 rood of land with a cottage and owes at the 
 said term 18d., attendance, relief, and heriot. 
 
 Geoffrey Caumbreis holds half an acre and a cottage and owes at 
 the said term 18d., attendance, relief, heriot. 
 
 William Hassok holds 1 rood of land and a cottage and ow^es at 
 the said term 18d., attendance, relief, and heriot. 
 
 The same man holds 3i acres of land and owes yearly at the feast 
 of St. Michael 3s. for all. 
 
 Koger Doget holds half an acre of land and a cottage w^hich were 
 those of K. the miller, and owes at the feast of St. Michael 18d., attend- 
 ance, relief, and heriot. 
 
 Thomas le Brod holds 1 acre and a cottage and owes at the said 
 term 3s., attendance, relief, and heriot. 
 
 Agnes of Cayw^orth holds a half acre and a cottage and owes at the 
 said term 18d., attendance, relief, and heriot. 
 
 Agnes of Badlesmere holds 1 acre of land and a cottage and owes 
 at the said term 3s., attendance, relief, and heriot. 
 
 William atte Whaunne holds one acre of land and ow^es at Easter 
 and Michaelmas 2s., and relief. 
 
 Total of the rents of the said cottagers, with the value of the hens 
 34s. 6d. 
 
 And it is to be noted that all the said cottagers shall do as regards 
 giving their daughters in marriage, having their sons tonsured, cut- 
 ting down timber, paying heriot, and giving fines for entrance just 
 as John of Cayworth and the rest of the villeins formerly mentioned. 
 Note, fines ^ and penalties, with heriots and reliefs are worth yearly 5s. 
 
 ^ A "fine" was a payment made to the lord by anyone who acquired land in the 
 manor in any other way than by inheritance, in which case the payment was relief. 
 The usual word for a penalty was "amerciament," or it was recorded that a person 
 was "in mercy." 
 
14 TRANSLATIONS AND REPRINTS. 
 
 11. YEARLY ACCOUIS^T OF MANOR OF CUXHAM, 
 
 A.D. 1316-17. 
 
 Rogers : .History of Agriculture and Prices in England, II, 617-622. 
 
 Compotus of Robert OldmaD, reeve of Cuxham, from the morrow 
 of St. James, in the 10th year of the reign of king Edward, to the mor- 
 row of St. James in the next following year, that is the beginning of the 
 11th year of the reign of king Edward. 
 
 Arrearages. He is charged with 6£. 19id. of arrearages from 
 the preceding account. Total 6£. 19 2 d. 
 
 Rents of Assize. He is charged with 13s. Id. of rent of the 
 period of St. Michael; and with llfd. from the foldage of the animals 
 at the feast of St. Martin; and with 6s. l^d. of rent of the period of St- 
 
 Thomas for the same ; and with 5s. 1 id. at the period of 
 
 St. John; and with 18d. of new rent for 1 acre of land granted to Rob- 
 ert Taylor. Total 38s. lOfd. 
 
 Rent. He is charged with 40s. of rent of the water mill : and 
 with 13s. 4d. of yearly rent of the fulling mill. Total 53s. 4d. 
 
 Sale of Wheat. He is charged with 4£. 16s. for 6 quarters of 
 wheat sold Thursday next before the first of August, at 16s. a quarter : 
 and with lOd. for 1 bushel of wheat sold in the autumn to William 
 Walderugge because the keeper granted this to him : and with 6£. 6s. 
 for 9 quarters of wheat sold before the feast of All Saints at 14s. a 
 quarter. And with 4£. 1 6s. for 6 quarters of wheat sold on the Thurs- 
 day next before the feast of St. Michael, at 16s. a quarter. 
 
 Total 15£. 18s. lOd. 
 
 Sale of Peas and Oats. He is charged with 24s. for 2 quarters 
 and 2 bushels of peas sold, at 10s. 8d. a quarter. And with 8s. 8d. for 
 1 quarter and 5 bushels of oats sold, at 5s. 4d. a quarter. Total 32s. 8d. 
 
 Sale of Malt. He is charged with 17s. 6d. for one quarter and 
 22 bushels of malted barley sold, at 13s. 4d. a quarter. And with 16s. 
 3d. for 1 quarter and 5 bushels of malted drage sold, at 10s. a quarter. 
 
 Total 33s. 9d. 
 
 Sale of Animals. He is charged with 15s. for 1 work horse 
 sold: and with 40s. for 4 oxen sold : and with 12s. for 1 cow sold in the 
 autumn because she was barren: and with lis. for 1 cow sold because 
 she was barren : and with 8s. for 1 cow sold because she was weak and 
 old : and with 4s. 6d. for 1 young bull sold because he was weak : and 
 with lis. Id. for 7 calves sold, the price of each being 19d.; and with 
 18d. for 2 sheep sold in winter before the shearing because they were 
 
COMPOTUS ROLL OF CUXHAM. 
 
 15 
 
 weak: and with 5s. llkl. for 13 geese, the price of each goose being 
 dU].: and with lis. Id. for 4 score of pigeons sold. Total 7£. 17s. lod. 
 
 Products of the Manor. He is charged with 9d. for swine 
 rnnning in the stubble in the autumn, as shown in the items : and with 
 did. for sheepskins sold: and with 2s. 6d. for works of Richard Est sold 
 in the winter: and with 2s. 6d. for works of Adam Brian sold in the 
 winter: and with lod. for works of Joanna Bonecherche sold in the 
 winter: and wdth 2s. for 1 perna of bacon : and with 12d. for peas-straw 
 sold: and w^ith lis. 3d. of present bread of the customary tenants sold at 
 the feast of Christmas: and with ISJd. for 308 eggs sold, viz., 16 for Id.: 
 and with 33s. for 5-i stone of wool sold, the price of a stone being 6s., 
 that is the stone weighing 16 lbs. and containing 42 fleeces. 
 
 Total 47s. 3d. 
 
 Products of the Dairy. He is charged with 5s. 8d. for 17 
 cheeses of the fourth form sold, the price of each 4d.: and with 18s. 3d. 
 for 73 cheeses of the third form sold, the price of each 3d.: and with 4s. 
 lOd. for 29 cheeses of the second form sold, the price of each 2d.: and 
 with 6d. for 6 cheeses of little form sold : and with 22d. for milk sold 
 from the Thursday next after the feast of St. Thomas the Apostle to the 
 morrow of the Annunciation of the Blessed Mary : and with 3s. Id. 
 for butter sold in autumn and in winter : and 6d. for milk sold between 
 the feast of the Annunciation and the Thursday next after the feast of 
 St. John before the Latin Gate : and with lOd. for 5 cheeses of the second 
 form sold within this year : and with 12d. for butter sold in summer, and 
 not more because 3 J jars of butter have been sent to Oxford. 
 
 Total 36s. 6d. 
 
 Fines of Land and Heriot. He is charged with 40s. from 
 Thomas Canon as a fine for the land which was Adam atte Hethe's : 
 and with 30s. from William Burdon as a fine for the land which was 
 Bobert Wyte's : and 2s. for a copper pot coming as a heriot from Adam 
 atte Hethe, which was sold. Total 72s. 
 
 Pleas and Perquisites. He is charged with 3s. 7d. of perquisites 
 of the court held Wednesday next after the feast of St. Mary Magdalen. 
 
 Total 3s. 7d. 
 
 Outside Receipts. He is charged with 12d. of perquisites of the 
 court of Ibestane held Thursday next after the feast of St. Mary Mag- 
 dalen : and for 13s. 4d. received from John, son of John Coleman, as a 
 fine for the land which belonged to John the Wyte of Ibestane : and 
 with 13s. 4d. received from Amisia, daughter of John Coleman, as a 
 
1 6 TRANSI^TIONS AND REPRINTS. 
 
 fine for the land which belonged to John the Baker of Ibestane : and 
 with 37s. 6d. for 51 skins of wool sold in the past year which weighed 
 5 stones, viz., the stone being 16 lbs., the price of a stone being 5s. 6d. 
 
 Total 56s. lOd. 
 Total of all the receipts with arrearages 48£. 17s. 44d. 
 
 EXPENSES. 
 
 Quittances of his own rent. In quittance of his own 
 rent of Waterilond Id.: and for present bread 2d.: and for saltsilver 
 *d. Total 3id. 
 
 Cost of the plows. For 6 pieces of steel bought for the plows 
 5s. lOd.: for 3 pieces of steel bought for the same 3s. 7d.: for 1 piece of 
 steel bought 15d.: for 6 wheels bought 18d.; for poles bought for the 
 third plow 2 id,: for the wages of the blacksmith for repairing the 
 plowshares between the feast of St. James and the feast of St. MichaoL 
 2s.: for shoeing the draught horses in the same period 18 2d. Likewise 
 in payment of the blacksmith for the repair of the plowshares between 
 the feast of St. Michael and the feast of St. Thomas the Apostle 3s.: for 
 shoeing the draught horses during the same time 18d. In payment to 
 the blacksmith for mending the plowshares between the feast of St. 
 Thomas and the feast of the Annunciation 2s. Id.: for shoeing the 
 draught horses during the same time 16d. Likewise in payment 
 to the blacksmith for the repair of the plowshares between the feast of 
 the Annunciation and the feast of St. James, 4s. 6d. For shoeing 
 the draught horses during the same time 17d. For 4 horse-shoes 
 bought, 16d.: for 2 trees for timber for the plows 3s.: for cutting down 
 and hauling the same 4d. Total 34s. 4d. 
 
 Cost of the carts. For 17 clouts bought, 21d.: for 100 clout 
 nails bought, 2-2d.: for 1 pair of packsaddles and 3 collars bought, 3s. 
 For 1 pair of traces bought, 6d.: for leather bought for harness 12d.: 
 for olbs. of grease, 15d., at 3d. per pound: for 1 pair of wheels without 
 tires bought, 2s. 4d.: for 1 rear cord bought, Ikl: for the shoeing of 2 
 cart-horses between the feast of St. James and the feast of St. Michael 
 18d.: and the feast of St. Michael and the feast of St. Thomas the 
 Apostle 19d.: and between the feast of St. Thomas and the Annun- 
 ciation 20d. For the shoeing of 3 cart-horses from the feast of the An- 
 nunciation to the feast of St. James 2s. lid. Total 17s. 3d. 
 
 Small necessary Expenses. For 2 hair ropes bought, of 
 which one was of 6 fathoms and another of 1 1 fathoms, for keeping the 
 draught horses in the pasture, 9d.: for iron bought at Pyrtone 22s.: for 
 
COMPOTUS ROLL OF CUXHAM. 1 7 
 
 irou bought from Robert Weyloiid 18cl.: for a dish for meat and 4 other 
 dishes because it was autumn 4d.: for 6 bushels of salt bought, 12s.: for 
 3 bushels of salt bought, 3s. 6d.: for the custom of the cotters for carry- 
 ing the fold 2d.: for 7i quarters of drage bought for feeding the swine 
 4s. lOd., at different prices. For brushwood bought for the hearths 3s. 
 6d.: for 3 quarters and 2 bushels of gleanings bought for the swine, of 
 which 5 bushels were sent to Oxford 8s. 8d., the price per quarter being 
 2s. 8d. : for 1 knife bought for cutting the vegetables for the servants : 
 for rods bought for wattling the fold 8d.: for 12 clouts bought for the 
 fold 2s.: for rods bought for the harrows 2Jd.: for fines bought 18d.: 
 given for the tithe of 7 calves sold, 13 id.: and for the tithe of 3 calves 
 remaining l-jd.: and for the tithe of 1 lamb, id.: and for the tithe of 4 
 skins sold, id. For milk bought for the lambs 42d.: for washing and 
 shearing the sheep, 6d.: for making 4 halters of horsehair Id.: for ex- 
 penses of the reeve at Henley for 6 days, selling grain, 9d.: for the 
 expenses of the clerk when he made the account 12d.: for parchment 
 bought for the account, l^d.: for pasture bought at Pyrtone, 18d.: for hay 
 bought for next year, 22s. 3d. Total 4£. 9s. 8 id. 
 
 Cost of the Dairy. For rennet bought, 6d.: for cloth bought 
 for the dairy, 3d.: for pots bought, 3id. Total 12H. 
 
 Purchase of Grain. For 2 quarters and 2 bushels of oats 
 bought on account of the lack of threshing, 9s., the price of a quarter 
 being 4s.: for 5 bushels of vetches bought, 7s. 6d., the price of a bushel 
 being 18d.: fori quarter of barley bought, 10s. 2d. Total 26s. 8d. 
 
 Purchase of Animals. For 1 draught horse bought on St- 
 James' Day 22s. 6 id.: for 1 draught horse bought in Easter week 14s. 
 4d.: for one cow bought in the autumn, before calving, lis. Id. 
 
 Total 45s. ll*d. 
 
 Cost of the Buildings. For one man and his helper hired for 
 22 days to put a roof on 2 barns, a hay-mow, and the kitchen, lis., being 
 6d. a day: for 2 women helping them for 10 days, 3s., being 2d. a day. 
 For 1000 lath-nails bought, lid.: for poles bought for prys, 6d. For 
 one man hired for 4 days to roof 2 cottages of the vill, 16d., at 4d. a day : 
 for poles bought for prys, 2d.: for one woman helping him 4d. For 2 
 quarters of lime bought, 8d. Total 17s. lid. 
 
 Cost of the Mill. For timber bought to renew the water wheel 
 of the mill: for nails bought for the same 6d. Total 3s. lOd. 
 
 Threshing and Winnowing. For the expenses of Peter of 
 Wantage while he was having the threshing done, 5s. 2d. : for the thresh- 
 
1 8 TRANSLATIONS AND REPRINTS. 
 
 iiig of 9 quarters and 6 bushels of wheat by task, before the feast of St. 
 Michael, 3s. 3d., the price of a quarter beiug 4d.: for 3 bushels of wheat 
 threshed, at task, after the feast of St. Michael, 9d. For the winnow^- 
 iiig of the same 2d., because the dairyman wiunow^ed one-half. For the 
 threshing of 12 quarters and 1 bushel of wheat and 2^ quarters of 
 peas, in the time of master John of Tube, 3s. 7fd., the price of a quarter 
 being 3d.: for winnowing the same 2^1.? because the dairyman winnowed 
 one half, being 3 quarters for Id. For the expenses of master John of 
 Tube wdiile he was having the threshing done, 7s. 4|d., besides some 
 wheat. For the expenses of John of Odiham while he was having the 
 threshing done, 22d., besides some of the produce of the oats. For the 
 expenses of master Walter of Durton while he was having the thresh- 
 ing done, 3s. 3vd,, for the same time. For the expenses of master John 
 of Crofton while he was having the threshing done, 8d., besides some 
 of the wheat. For the threshing of 1 quarter and 3 bushels of wheat in 
 the time of Walter of Durton, 4 id.: for the winnowing of the same 1 far- 
 thing. Total 27s. 6 id. 
 
 Weeding and Mowing. For 20 men hired for 8 days to pull 
 bitter weeds and cut thistles in the grain, 13s. 4d., a penny a day to each 
 one. For the custom of the mowers for medsipe, for hauling hay 2d.: 
 for the custom of 12 cottagers stacking hay, 6d. For mowing the gar- 
 den, 2s. Id. Total 16s. 7d. 
 
 Autumn Expenses. For reaping 33 acres and 1 rood of wdieat, 
 at task, 22s. lOd., during the time of master William Boliner, the 
 price of an acre being 8d. For reaping 44 1 acres of drage and oats at 
 task, 31s. ^id., the price of an acre being 7d., through the same time. 
 For reaping 6 acres of drage and oats, at task, 3s., during the 
 same time, the price of an acre being 6d. For the expenses of master 
 William Boliner, Peter of Wantage, the reeve, hayward, and dairyman 
 through 4 weeks in autumn, and at the coming of the keeper and others 
 who came after, 15s. Id., through the same time. For 3 men hired at 
 the park of Pyrtone, 6d. Total 73s. 2*d. 
 
 Wages of Servants. For the wages of 2 hostlers in the winter 
 season, 4s., also for 2 drivers, 3s., also for the carter 2s., also for the 
 shepherd 12d., and not more because he kept the sheep of others; also to 
 the cowherd in winter, 12d., likewise to the dairyman 12d. For the 
 payment to the clerk who drew up the account, 2s., and 2s. as a gratuity. 
 
 Total 16s. 
 
 Expenses of the Steward. For the expenses of the steward 
 
COMPOTUS ROLL OF CUXHAM. 1 9 
 
 in holding the courts of Ciixham and Ibstane Monday and Tuesday 
 next after the feast of St. Mary Magdalen, bread from the store-room, 
 for ale 22d., for meat 5d. Total 2s. 3d. 
 
 Expenses of the Keeper. For the expenses of the keeper on 
 his coming from London on the morrow of St. Frideswide's, bread from 
 the store-room. For ale, 4d., for one sheep given to the servants, 3d., 
 and to the baliff of the king, 12d., and to the hayward of Pyrtone, at 
 the order of the keeper, 12d. For the expenses of the same near Hoke- 
 day, staying 5 days, bread from the store-room; for ale, 2s. lid., for 
 meat lis. 5d.: besides bacon from the store-room, for peas 6d., for bridles, 
 4d.; given to the baliff of the king 6d., and to the servants 4d., and to a 
 man coming from Scotland to the lord king, 6d. Total 10s. 2d. 
 
 Outside Expenses. For the expenses of the bailiffs of Maid on, 
 Ledrede, and Farley, in coming to the account and in returning ; bread 
 and cheese from the store-room, for ale 1 2d. For the expenses of the 
 carter of Chetindone coming from Oxford and of the carters of Haliwell 
 on their coming to Bredefeld to get timber there, bread and cheese from 
 the store-room ; for ale 8d. For the expenses of the same and of the 
 carter of Cuxham on the way to Bredefeld four times and on the way 
 to Alremanson twice, with the expenses of one man going with him twice, 
 5s. 6d. For 6 clouts with nails bought for the cart from Chetindone? 
 9d. For hay bought on the way for the horses, 12d. For the expenses 
 of the tax collectors of the sixteenth penny, bread and cheese from the 
 store-room, for ale 7Jd. ; given to the same 6s. 8d. Given to the lord 
 king for the sixteenth penny 28s. For poles bought as prys for pre- 
 paring timber 3d.: for one man and his helper hired for 3 days at 
 preparing timber 18d.: for one woman helping them for 2 days, 2d. 
 For the expenses of 2 men coming to Maldon to hunt for a pig there, 
 bread and cheese from the store-room, ale, 2d. For eggs Id. For the 
 expenses of the 2 men driving a pig to Chetindone, 6d. For the ex- 
 penses of lord Stephen of Chenidant, Friday next before the feast of St. 
 Thomas the Apostle, bread and cheese from the store-room, ale 2d. 
 For the expenses of 4 masters coming to Eeading for orders and return- 
 ing about the feast of St. Thomas the Apostle, bread 5d., beside bread 
 from the store-room, ale 13d., garlic, Id., cheese from the store-room. 
 For shoeing 3 horses of the cart of Chetindone and for mending the 
 broken strakes and hooks of the cart, 15d. For the expenses of master 
 Adam of Hystede coming from London on the morrow of St. Agatha the 
 Virgin, bread from the store-room, ale 4d. For the expenses of a man 
 
20 TRANSLATIONS AND REPRINTS. 
 
 of the king and bis servant coming from Oxford to mark the door of the 
 baru, Thursday next after the conversion of St. Paul ; and the same 
 servant remained for 2 days ; and of another servant who came to him 
 and remained 2 days ; bread and cheese from the store-room, ale 8d., 
 meat 3d., eggs Id. Also given to the said men of the lord king, 2s. 
 For hauling 4 casks and 1 pipe from London to Henley 6s. 9d., at 18d. 
 a cask and 9d. for the pipe. For a house hired for storing the said casks 
 at Henley, 6di.: for rolling the said casks into the house and out of the house 
 again when they had to be put into the cart, 7d ; for placing the same 
 in the cart, 9d., for hauling the same from Henley to Cuxham, 18d. 
 For expenses at Cuxham. For 2 men coming from Oxford to get one 
 cask, bread and cheese from the store-room, ale 2d., garlic 2d. For the 
 expenses of the bailiff of Ledrede going to Oxford and returning, about 
 the feast of St. Osyth the virgin, bread from the store-room, ale 2id., 
 eggs Id., cheese from the store-room. For 164 eggs bought for the 
 account, 12d. Total 65s. Id. 
 
 Total of all expenses 22£. 7s. 9H. 
 And he owes 26£. 9s. 7*d. 
 
 HI. MANOR COURT ROLLS. 
 
 I. MANOR COURT ROLLS OF GREAT CRESSINGHAM, NORFOLK. 1 328-9. 
 Five Court Rolls of Great Cressingham, Edited and Translated by Henry W. 
 Chandler, Privately Printed, London. 1885. pp. 17-35. 
 
 A Court in the same place (Great Cressingham), on Monday next 
 after the feast of the Nativity of the Blessed Mary in the year of the 
 reign of King Edward above mentioned, (i.e., Edward III; Sept 12th 
 1328.) 
 
 Excuse. William of Glosbridge, attorney of Sir Robert de As- 
 pale by the common excuse through W. Prat. (He came afterwards.) 
 
 Order. It was ordered, as before, to distrain Master Firmin to 
 show by what right, etc., concerning the tenement Walwayn. Likewise 
 to distrain Sir John Walwayn for fealty. 
 
 Amerciament, 3d. From Petronilla of Mintliug for leave to 
 agree with William Attewente, concerning a plea of trespass. 
 
 Order. It was ordered to distrain Peter the Cooper for 15d. 
 which he owed to R(jger the Miller, at the suit of William Attestrete, 
 wh(3 proved against him four shillings in court. 
 
 Fine, I2d. From Walter Orengil for his term of four years to hold 
 in 6 acres of land rented from Gilbert Cloveleke, for which grant the 
 
COURT ROLL OF CRESSINGHAM. 2 1 
 
 said Walter is to pay annually, at the feast of All Saints, to the said 
 Gilbert four quarters and four bushels of barley, during the said term. 
 
 Pledges Nally and John Buteneleyn. 
 
 Amerciament, 2d. From John Brichtmer because he was sum- 
 moned to do one boon-work in autumn and did not come. Therefore he 
 is to be amerced. 
 
 Amerciament, 2d. From Alice, wife of Richard of Glosbridge, 
 for the same. 
 
 Amerciament, 2d. From William Robyn for the same. 
 
 Order. From Walter Page and Margaret his w^ife, because they 
 cannot deny that they are keeping back from John of Euston 3d. ; and 
 therefore it was ordered that the said 3d. should be levied from the said 
 Walter to the use of the said John. (Reversed, because he is poor.) 
 
 Fine, 4d. Martin the son of Basil and Alice his wife having been 
 examined by the bailiif, surrendered into the lord's hand one rood of 
 land with a cottage thereon, to the use of Isabel daughter of John Fayr- 
 say and their heirs, to hold in villenage at the will of the lord, doing etc. 
 all rights being saved. And she gives, etc. 
 
 Fine, 4d. Isabel Fayrsay surrendered into the lord's hands one 
 rood and one quarter of a rood of land and one rood of meadow and half 
 of a cottage to the use of Martin Basil's son and Alice his wife and their 
 heirs, to hold in villenge at the will of the lord, doing etc. All rights 
 being saved. And he gives to the lord. 
 
 Fine, 4d. From John Pye for his term of five years to hold in 
 three roods of land rented from Hugh Holer. The term begins at the 
 feast of St. Michael. 
 
 Fine, 4£'. It is to be remembered that the lord out of his seisin 
 delivered and gave to Vincent of Lakinham one messuage, 7 acres 2i 
 roods of land of the villenage of the lord, which had been taken into the 
 lord's hand after the death of William the son of Hugh because the 
 aforesaid William was a bastard son and died without heirs, to hold of 
 him to the aforesaid Vincent and his heirs, in villenage at the will of 
 the lord, doing thence the services and customs due. All rights being 
 saved. And he gives to the lord for his entry. And saving to Alice 
 who was wife of Hugh the son of Lawrence half of the said tenements 
 to hold in dower for the term of her life. 
 
 Note, I beast; price los. The jury says John Bassissone has 
 died seized of one messuage, 16 acres and 1 rood of land of villenage, 
 and that John his son is his next heir, and is of the age of nine years. 
 
22 TRANSLATIONS AND REPRINTS. 
 
 And because the said heir has not come, therefore it is ordered that 
 seisin be in the whole villenage until, etc. 
 
 Order. To distrain the tenants of the tenement Sowle for one 
 boon- work with eld in autumn. 
 
 Fine, 40s. All the jury says that Thomas Ode has died seised of 
 a cottage and 5 acres and one rood of land of the villenage of the lord, 
 and that they know him to have no surviving heir, and therefore the 
 whole tenement was taken into the lord's hand. And the lord out of his 
 seisin delivered and gave the whole of the said tenement to a certean 
 Simon Maning of Walton and his heirs to hold in villenage at the will 
 of the lord, doing therefore the service and customs due. Saving all 
 kinds of rights. And he gives to the lord to have entry. 
 
 Order. Ordered to distrain Henry le Cok, John Maggard, chap- 
 lain, and John Ingel, because they withhold from the lord 3d. rent now for 
 five years for the parcel tenement Merchant. 
 
 Likewise to distrain Richard of the River for fealty for the tene- 
 ment formerely of Reyner Attechirche. 
 
 Election. The whole homage elect the tenement of Geoffrey 
 Attechirchgate for the office of reeve this year, and the tenants are Nally, 
 Buteneleyn, Martin, Bassissone, and others. And the said Alexander 
 was sworn. 
 
 Likewise the tenement of Lawrence Smith for the next year. 
 
 Likewise the tenement Ernald for the office of reaper : and the 
 tenants are W. Macurneys, Buteneleyn, W. Pa we, and T. Attenew- 
 house. And the said W. Pa we was sworn and afterward excused. 
 And Prat performs the office for him. 
 
 Order. It was ordered to distrain Alan son of William Attehall- 
 gate and John his brother, for fealty for the tenement which belonged 
 to master Roger de Snetisham, of the fee of the lord. 
 
 Likewise to distrain John Pye to show by what right, etc., and for * 
 fealty. 
 
 Likewise to retain the pledges taken from the men of Hilburworth 
 until they have made satisfaction for damages done in the common. 
 
 Amerciament, I2d. From William Hubbard for damage in 
 the lord's meadows. 
 
 Amerciament, 6d. From John Aylemer for damage in the 
 fields in autumn. 
 
 Amerciament, 2d. From Hugh Holer because he did not do 
 his boon-work in autunm, as he was summoned to do. 
 
COURT KOLL OF CRESSIXGHAM. 23 
 
 1 2d. From Isabel Syappiiig for license to have a fold of her own 
 sheep. 
 
 Memorandum. Of 4 bushels of barley taken from Roger the 
 miller, etc., by the Reaper; and let them be handed over to Thomas 
 Pawe for a debt recovered against the said Roger. 
 
 Total 6£. 4s. lid., besides a heriot valued at 10s. 
 
 Total of all the courts for the whole year, 8£. 16s. 8d. 
 
 CRESSiNGHAM. A Court and Leet there on Monday next after the 
 
 feast of the apostles Peter and Paul, in the third year of the reign of 
 
 king Edward, the Third from the Conquest, (i. e., July 3rd, 1329 J. 
 
 ^ :^ :^ ^^ ^ ^ ^ ?ii>ic 
 
 Fine, i8d. Gilbert de Secheforde surrendered into the hands of 
 the bailiff, in the presence of the whole homage a cottage to the use of 
 John Putneys and his heirs, to hold in villenage at the will of the lord, 
 doing thence the services and customs due ; saving rights of all kinds. 
 And he gives for entry, etc. 
 
 Order. It was ordered to retain in the lord's hand one messuage 
 and one acre of land of which John Belessone was seized when he died, 
 because it is not known of what condition he was ; and therefore the rolls 
 of the 34th and 32nd of king Edward are being examined. 
 
 Amerciament, 3d. From Alice, daughter of Geoffrey Attenew- 
 house, for marrying without leave. 
 
 Amerciament, 4d. From John, son of Martin, for the same. 
 
 Postponement. A suit between Thomas Attetunesende, plaint- 
 iff, and Adam Atte water, defendant, concerning a plea of agreement, 
 was postponed till the next court by consent of the parties on account of 
 arbitration. 
 
 Postponement. A distraint taken from John Maggard and 
 Henry le Coke for arrears of rent was postponed till the next court. 
 And it was ordered to distrain John Ingil, their joint-tenant, etc. 
 
 Chief Pledges. John Buteneleyn, John Hardy, 
 
 William Robin, Thomas Hardy, 
 
 Henry Paw^e, Nicholas, son of Roger, 
 
 Laurence Smith, Roger Attehallgate, 
 
 Roger Gurnay, William le Warde, 
 
 William Attestrete, Robert Gemming. 
 
 These were sworn and say : 
 
 Fine, 3d. From William Hubbard for license to put his grain 
 growing in the lord's villenage, out of villenage. 
 
24 TRANSLATIONS AND REPRINTS. 
 
 Amerciament. From Silvester Smith, for blood drawn from 
 John Marschal. (erased). Because he was elsewhere. 
 
 A. 6d. From John Barun for the same from William, son of 
 Sabine. 
 
 A. 3d. From Margaret Millote for the same from Agnes, 
 daughter of Martin Skinner. 
 
 A. 6d. From the rector for an encroachment on the common at 
 Greneholm, 12 perches long and 2 feet wide. 
 
 A. 6d. From the same rector for an encroachment made at Calde- 
 well, 20 perches long and 1 foot wide. 
 
 A. 3d. From Roger of Dray tone because he made an encroach- 
 ment at the Strete 3 perches long and 1 foot wide. 
 
 A. 6. From Hugh Rolf and Hugh Holer for license to resign the 
 office of ale-taster. 
 
 Election. Alan le Cok and Alan le Spicer were elected to the 
 office of ale-taster, and sworn. 
 
 A. 2d. From Christiana Punte because she has sold ale and 
 bread contrary to the assize. 
 
 A. 2d. From William, son of Clarissa because he broke into the 
 house of John son of Geoffrey Brichmer. 
 
 A. 2d. From Adam son of Matilda Thomas because he is not in 
 the tything. 
 
 A. 2d. From John son of Thomas Brun for the same. 
 
 A. 6d. From Peter the miller for a hue and cry justly raised 
 against him by the wife of William the Fuller. 
 
 ^ ^ ^ ^ ^ ^ ^ ^% 
 
 2. EXTRACTS FROM THE HALMOTE COURT ROLLS OF THE PRIOR 
 AND CONVENT OF DURHAM, 1 345-83. 
 Publications of the Surtees Society. Vol. 82. pp 16-179. 
 
 The following items are extracted from the records of the successive courts 
 held by the Steward, Bursar, or Terrar of the Priory of Durham. Three courts ayear 
 seem to have been held in each of the fifteen manors belonging to the convent, be- 
 sides more I frequent meetings, at the call of the reeve. The word "halmote" or 
 "halimote" is frequently applied to the manor court meetings, and is generally con- 
 sidered to be equivalent to a meeting in the hall or manor house, Maitland, Sel. 
 Pleas in Manorial Courts, I, Ixxvi. 
 
 First Tourn of the Halmotes of the Priory of Durham, beginning at 
 
DURHAM HALMOTE ROLLS. 25 
 
 Fery, July 6tli, A.D. 1345, before lords William of Charetou and Rob- 
 ert of Beiiton, Terrar and Bursar, and Simon Esshe, Steward. 
 
 Spen, 1345. Agues widow of Adam of Mora has taken a house and 
 50 acres of laud which her husband Adam formerly held, paying ann- 
 ually for her life 33s. 4d. And there is remitted to her 16s. 8d. a year 
 from the old rent on account of her age and weakness of mind. 
 
 Billingham, 1345. Agnes daughter of William Nouthird has 
 taken a cottage with the curtilage, which the said William her father 
 formerly held, to be held on payment of 6d. a year and 20 autumn 
 works in the manor of Billingham, provided she has food. Fine, 2s.; 
 pledges J. of Stokton and Alexander son of Gilbert. 
 
 The reeve and jurors complain and present that certain persons 
 named below do not hold land by reason of which they have any right 
 to have part in the common pasture, and yet they feed their cattle on the 
 pasture of the vill to the injury of those who hold land. It is therefore 
 required that they remove their animals from the pasture so that for the 
 future they shall not thus overstock the pasture ; under penalty of half 
 a mark. 
 
 North Pittington, 1358. Bonageus^ Moneyer came here into court 
 and took a messuage and 28 acres of land which had been Christiana 
 Ponchoun's, because no one of the blood of the said Christiana was will- 
 ing to fine for them, to have and hold for the term of his life, on pay- 
 ment for the first 3 years of 13s. 4d. a year, and afterward 20s. a year. 
 And the same Bonageus will repair within a year, at his own cost, the 
 building of the foresaid messuage. And he gives for a fine 20s. of which 
 13s. 4d. is remitted for the repairs of the foresaid buildings. Pledges 
 for the rent and for all other things which are required Robert Thomson 
 and John Ponchoun. 
 
 Bonageus Moneyer came here and took a messuage and 20 acres of 
 an d formerly in the tenure of Richard of Aucland vicar of Pittington, 
 which were seized into the hand of the lord because he left them and 
 rented them without license of the lord ; to have and hold for the term 
 lof his life, paying the ancient rent and doing for the lord and his neigh- 
 bors what is required ; on the pledge of John Ponchoun and Robert 
 Thomson. And he gives as fine 13s. 4d. 
 
 ^ In 1364, Bonageus, a Plorentine, was moneyer for the king of Scotland. 
 This was probably the same man. He might have been in 1358 minter for the 
 Bishop of Durham. By 1364 he is recorded as having left his holdings at Pitting- 
 ton. 
 
26 TRANSLATIONS AND REPRINTS. 
 
 West Raynton, 1364. It is reported by the inquisition upon which 
 Hugh Urkyll has placed himself, viz. on the oath of, etc. (8 names) that 
 the said Hugh is a nativus^ of the lord prior and that his father and grand- 
 father were considered as nativi of the said lord prior. And moreover 
 this same Hugh made his fealty here in court just as pertains to a nativus. 
 It is reported by the same inquisition that John Wydowson is a nativus 
 of the lord and of like condition etc ; and besides this, etc. has made his 
 fealty etc. It is ordained and enjoined on all wdio were on the foresaid 
 inquisition that each of them hold what w^as said among them as a secret, 
 under penalty of payment of 40d. by the one w^ho is found guilty. It is 
 enjoined on all the tenants of that vill and the vill of East Raynton that 
 no one of them call anyone of those vills ^'nativus^^ of the lord, under 
 penalty of payment of 20s. by the one who is found guilty. 
 
 Billingham, 1864. It is enjoined upon all the tenants of the vill 
 that none of them grind his grain outside of the domain so long as the 
 mill of the lord prior is able to grind, under penalty of 20s. 
 
 Coupon, 1365. It is reported by the jury that Thomas son of 
 Richard of Billingham staying at Melsonby and acting as common herd- 
 man there, is a nativus of the lord. 
 
 Newton Bewdey, 1365. From John of Baumburg for his trans- 
 gression against Adam of Marton, in calling him false, perjured, and a 
 rustic; to the loss of the same Adam of Marton 40d., penalty 13d. 
 
 Mid-Merrington, 1365. From Richard, son of Thomas, because he 
 has not recalled his son from school ^ before the feast of St. Michael as 
 enjoined upon him at the last Halmote, penalty 40d. It is enjoined 
 upon all the tenants of the vill that none of them insult the pounder 
 while fulfilling his duty, nor swear at him. 
 
 West Raynton, 1365. A day is given to all the tenants of the 
 vill to make a law that neither they nor their wives nor their servants 
 shall cut down anything within the woods, nor carry anything green 
 away from the woods ; each of them at the next court six-handed. 
 
 ^ That is, a bondman of the lord born on the manor. The word is used not in 
 contrast with villa?ius, but as a more exact term, laying stress on his servile status, 
 at a period when many men in the social position of villeins were no longer person- 
 ally unfree. It is here evidently a term of opprobrium, as well as an indication of sub- 
 jection to the burdens of serfdom. The official who holds the court seems to de- 
 precate any rousing of the resentment of the villein tenants by its open use. 
 
 2 Doubtless a villein who was violating the law by endeavoring to have his son 
 trained to be a priest ; see at Ackley, below. 
 
DURHAM HALMOTE ROLLS. 2"] 
 
 Coupon, 1365. From Agnes Postell and Alice of Belasis, for 
 breaking the assize of ale, 12cl. From Alice of Belasis, for had ale, and 
 moreover because the ale which she sent to the Terrar was of no strength, 
 as was proved in court, 2s. 
 
 Ackley, 1365. It is ordained by common consent that no one per- 
 mit colts, calves, young steers or any other animals within the field in 
 which grain is sow^ed until the grain is cut and carried off, under penalty 
 of half a mark. 
 
 Fery, 1365. It is ordained by common consent that Robert Todd 
 should keep his sheep from feeding on the grain of his neighbors and on 
 the cowpasture, under penalty of 40d.; and moreover that each tenant 
 keep his pigs, cows, horses, and other animals from feeding on the grain 
 or treading it, and that the cottagers should keep their cattle within the 
 common pasture, under the penalty foresaid. 
 
 Ackley, 1366. It is required of John, son of Thomas of Chilton, 
 living at Coites that he recall his son from the schools before the feast 
 of the Purification of the Virgin next. 
 
 West Merrington, 1367. It is enjoined on all the tenants of the 
 vill that each of them cause to be plowed the outer parts of the field and 
 then the inner parts, so that none of them . . . . ^ loss on account of lack 
 of plowing. 
 
 Billingham, 1368. It is enjoined upon all the tenants of the vill 
 that none of them cut the balks before the next court. 
 
 Coupon, 1368. John Pulter and Robert Fauks were elected ale- 
 tasters, and were sw^orn. 
 
 Newton Bewley, 1368. From Alice, servant of Adam ofMarton, 
 for leyr,^ 6d. From Thomas, servant of the same for drawing his knife 
 to strike John Smith, penalty 40d., by grace 12d. 
 
 Wallsend, 1368. It is enjoined upon all the tenants of the vill 
 that each of them come on the summons of the reeve to discuss the com- 
 mon business touching the profit of the vill. 
 
 Hesylden, 1368. From Robert, son and heir of John son of 
 Matilda, as a heriot for 1 messuage and 20 acres of land w^hich he holds 
 freely, for homage, and fealty and service of 40d. and a heriot, viz. the 
 best beast; 15s., and nothing for relief. 
 
 1 Manuscript illegible. 
 
 '^ Leyr was a fine imposed upon women who had been guilty of incontinence. 
 
28 TRANSLATIONS AND REPRINTS. 
 
 Monkton, 1369. Robert Jakson, nativiis of the lord made his fealty 
 to the lord at Jarrow, Thursday next after the feast of St. Luke the 
 Evangelist, in the 69th year. 
 
 Heworths, 1370. It is enjoined upon all the tenants of the vill 
 that they have the common forge and the common oven repaired. 
 
 East Raynton, 1370. From Margaret daughter of Robert Wright 
 for merchet, pledge, Alice, her mother, 2s. 
 
 Eery, 1370. From Margaret Eery woman for leyr, 6d. Erom 
 Adam Graundorge for his transgression made against Robert Letany by 
 killing his cow to the loss of 7s., 3d. A day is given to the same Adam 
 to make his law against Richard, son of Peter, that he has not broken 
 the leg of his cow. At the next court, with six hands. He has not found 
 a pledge. Therefore let the said Richard recover against him. Erom 
 Adam Graundorge for 1 cow of Richard, son of Peter, killed, to the loss 
 of 10s., penalty 3d. 
 
 Wallsend, 1370. It is ordained by common consent that each ten- 
 ant should come to the making of the hay of the common meadow when 
 they shall be warned, under penalty of losing their part and even under 
 penalty of heavy fine. 
 
 Harton, 1370. An inquisition was taken here Tuesday, the day 
 after St. Simon's and St. Jude's Day, A. D. 1370, before lord John of 
 Heminburg, Terrar, and lord Thomas Surta3^s, Steward, for inquiring 
 of what condition Adam Diotson and Roger Ward are, on the oath of 
 John Wallas, 80 years old, Thomas Page, Richard of Hertlaw, John 
 Dogeson, John Gray, John, son of Adam of South wyk, Thomas, son of 
 Alan, and John Reid. Who say on their oath that a certain John 
 Ward, grandfather of the aforesaid Roger Ward, and John Ward, 
 father of the same Roger, were of old held to be nativi of the lord Prior, 
 and never did they hear the contrary till this day. And they say that 
 a certain Thomas Maymond, grandfather of the aforesaid Adam, and 
 John, father of the aforesaid Roger, were brothers by the same father 
 and mother, and they say that the aforesaid Adam and Roger are of the 
 same servile condition as their ancestors were and never did they hear 
 the contrary. 
 
 East Raynton, 1370. Lease of the manor. John Ereman, Rob- 
 ert of Coldingham, Elias Pater-Noster, and Thomas Gibson have taken 
 the demesne lands with their buildings, to have and to hold for the term 
 of 15 years, paying yearly at the treasury 8 marks, and to the Terrar 
 half a mark, commencing payment at the feast of Pentecost, A. D., '71. 
 
j DURHAM HALMOTE ROLLS. 29 
 
 And they found 54 acres of one cultivation ; and they will manure 10 
 acres in each year. And they will return the buildings and land in 
 proper condition because they so received them. Pledges, each of the 
 other, and others of the vill who work part of it on lease from John 
 Fremau and his said companions. And they will grind the grain from 
 the said demesnes at the mill of the Prior in the same way as it is ground 
 from the lands of the other tenants. 
 
 Mid-Merrington, 1371. It is enjoined on all the cottars and labor- 
 ers that they work with the farmer of the manor for suitable wages 
 
 Newton-Bewly, 1371. William Raynald w^as elected to the office 
 of reeve, and was sworn. 
 
 Billingham, 1374. Fealty of a nativus taken. Robert, son of 
 Eustace Fristerlying of Hesilden, nativus of the lord came here on 
 Thursday, the feast of Pope Clement, A. D. '74, in the presence of lord 
 John of Beryngton, Terrar, Alan of Billingham, John of Elvet, 
 Hugh of Corbrigg, and several other tenants of Billingham, Wolveston, 
 New^ton, and Coupon, and swore, touching the sacred gospels, that he 
 will be under the jurisdiction of the lord Prior and Convent of Durham 
 and their officers, in his body and his goods, and that he will not remove 
 himself from their land, etc. 
 
 South wyk, 1374. From Robert Smith because he would not sit 
 down at the command of the Steward. Robert Smith took one holding 
 which was last in the tenure of William, son of Henry, to have and hold 
 for the term of his life, paying yearly for all things, viz. for services 
 and other different things, 30s. 
 
 East Merrington, 1367. It is reported by the oath of (fourteen 
 names) in the presence of lord Robert of Wallworth, prior, and many 
 others that Robert, son of Nicolas, who now is called Tomson is free and 
 of free condition and free status, and not a nativus of the said lord Prior. 
 
 Ackley, 1376. John Tailor has come and taken 12 acres of land 
 with the meadow pertaining to the said 12 acres of land, lately in the 
 tenure of William Ibbi and leased by the said William to the said John 
 w ith the license of the prior ; to have and hold for the term of his life ; 
 paying annually 12s. Fine 3s. 
 
 Hesilden, 1376. It is ordained by common consent that all things 
 collected within the field, as well as herbage, be carried openly through 
 the middle of the vill and not behind the gardens, in secret. It is 
 enjoined upon all the women of the vill that they restrain their tongues 
 and that they do not quarrel nor swear at anyone. 
 
30 TRANSLATIONS AND REPRINTS. 
 
 Dalton, 1376. From Joanna, wife of William Smith, for merchet 
 12d. From Margaret, servant of the former, for leyr with two men, 
 12d. From the wife of John Dawson, for breaking the assize of ale 6cl. 
 
 Wolveston, 1376. William May, nativus of the lord has taken 30 
 acres of land with the crop; viz., 5 acres of wheat, price per acre 10s., 3 
 acres of peas and beans and 4 acres of oats price per acre 5s. The 
 same William held these before and on account of his incapacity they 
 were seized into the hand of the lord ; to have and to hold at the will of 
 the lord, paying the ancient rent. 
 
 Billingham, 1378. It is ordained by common consent that at the 
 blowing of the horn of the Reaper, they should come for the gathering 
 of the peas, and when he blows his horn again they all withdraw from 
 the said peas, under penalty of 6d.; and moreover that no one collect 
 except in his own place, unless he is poor. 
 
 West Raynton, 1378. A day is give to that vill that they inquire 
 and present whether John Hunting and Cecilia his wife beat Margaret 
 the widow or not, at the next court, under penalty of half a mark. 
 From John Hunting because he did not close his front, so that his ani- 
 mals trampled and destroyed the cabbages of Margaret the widow. 
 
 Billingham, 1379. It is ordained by common consent that no one 
 in the time of harvest should have in the day time more that one horse 
 in the grain, for carrying his food, and that at night he should remove 
 the said horse from the grain, under penalty of 4d.; and similarly that 
 no one carry off the grain of another, under the same penalty. 
 
 Monkton, 1379. It is enjoined upon Thomas Lame that because 
 to be rebuilt before the feast of St. Michael, a barn which was burned in 
 his tenure, under penalty of 40s. 
 
 Pittyngton, 1379. It is enjoined upon all the tenants of the 
 
 vill thBt they heat up the oven, each one of them when his turn shall 
 come, under penalty of paying 12d. 
 
 East Merrington, 1381. It is ordained by common consent that 
 each tenant should keep the animals when his turn comes, and for the 
 day in which he has their custody, he should respond and give satisfaction 
 for injuries made in the grain or herbage to the one or ones who have 
 had the losses, under penalty of paying 4d. 
 
 Fery, 1383. It is enjoined upon all the tenants of the vill that 
 they should have boundary marks, under penalty of half a mark, and 
 moreover that they should pay the common shepherd his wages, and that 
 they should not speak ill to the said shepherd, under penalty of 40d. 
 
MANUMISSION OF A VILLEIN. 3 1 
 
 IV. THE MANOR HOUSE AT CHINGFORD, ESSEX, 
 
 A. D. 1265. 
 
 Hist. Mss. Commission Reports 9. i. pp. 35-6 
 
 The manor of Chingford was granted by the Chapter of St. Paul's Cathedral, 
 London, in 1265, to their Treasurer Robert le Moyne, In the description of the 
 manor and its contents the receipt of which he acknowledged, the following de- 
 scription of the manor buildings is given. 
 
 He received also a sufficient and handsome hall well ceiled with 
 oak. On the western side is a worthy bed, on the ground, a stone chim- 
 ney, a wardrobe and a certain other small chamber ; at the eastern end 
 is a pantry and a buttery. Between the hall and the chapel is a side- 
 room. There is a decent chapel covered with tiles, a portable altar, and 
 a small cross. In the hall are four tables on trestles. There are likewise 
 a good kitchen well covered with tiles, with a furnace and ovens, one 
 large, the other small, for cakes, two tables, and alongside the kitchen a 
 small house for baking. Also a new granary covered with oak shingles, 
 and a building in which the dairy is contained, though it is divided. 
 Likewise a chamber suited for clergymen and a necessary chamber. 
 Also a hen-house. These are within the inner gate. 
 
 Likewise outside of that gate are an old house for the servants, a 
 good stable, long and divided, and to the east of the principal building, 
 beyond the smaller stable, a solar for the use of the servants. Also a 
 building in which is contained a bed ; also two barns, one for wheat and 
 one for oats. These buildings are enclosed with a moat, a wall, and a 
 hedge. Also beyond the middle gate is a good barn, and a stable for cows 
 and another for oxen, these old and ruinous. Also beyond the outer gate 
 is a pigstye. 
 
 V. MANUMISSION OF A VILLEIN. 
 
 Dugdale's Monasticon, I, 394. 
 
 To all the faithful of Christ to whom the present writing shall 
 come, Richard by the divine permission abbot of Peterborough and the 
 Convent of the same place, eternal greeting in the Lord. Let all know 
 that we have manumitted and liberated from all yoke of servitude 
 William, the son of Richard of Wythington whom previously we have 
 held as our born bondman, with his whole progeny and all his chattels, so 
 that neither we nor our successors shall be able to require or exact any 
 right or claim in the said William, his progeny, or his chattels. But 
 
32 TRANSLATIONS AND REPRINTS. 
 
 the same William with his whole progeny and all his chattels will re- 
 main free and quit and without disturbance, exaction, or any claim on 
 the part of us or our successors by reason of any servitude, forever. 
 We Avill moreover and concede that he and his heirs shall hold the 
 messuages, land, rents and meadows in AYythington which his ancestors 
 held from us and our predecessors, by giving and performing the fine 
 which is called merchet for giving his daughter in marriage, and tallage 
 from year to year according to our will, — that he shall have and hold 
 these for the future from us and our successors freely, quietly, peace- 
 fully, and hereditarily, by paying thence to us and our successors yearly 
 40s. sterling, at the four terms of the year, namely ; at St. John the Bap- 
 tist's day, 10s., at Michaelmas, 10s., at Christmas, 10s., and at Easter, 
 10s., for all service, exaction, custom, and secular demand; saving to us 
 nevertheless attendance at our court of Castre every three weeks, ward- 
 ship and relief, and outside service of our lord the king, when they shall 
 happen. And if it shall happen that the said William or his heirs shall 
 die at any time without an heir, the said messuage, land, rents, and mead- 
 ows with their appurtenances shall return fully and completely to us and 
 our successors. Nor will it be allowed to the said William or his heirs 
 the said messuage, land, rents, meadows, or any part of them to give, sell, 
 alienate, mortgage, or in any way encumber by which the said messuage, 
 land, rents, and meadows should not return to us and our successors in 
 the form declared above. But if this should occur later their deed shall 
 be declared null and what is thus alienated shall come to us and our 
 successors. In testimony of which duplicate seals are appended to this 
 writing, formed as a chirograph, for the sake of greater security. These 
 being witnesses, etc. Given at Borough for the love of lord Robert 
 of good memory, once abbot, our predecessor and maternal uncle of the 
 said William, and at the instance of the good man brother Hugh of Mut- 
 ton, relative of the said abbot Robert ; A. D. 1278, on the eve of Pen^ 
 tecost. 
 
 An admirable bibliography of manorial documents is given in Miss F. G. Dav- 
 enport's ^'Classified List of Printed Original Materials for English Manorial and 
 Agrarian History," prepared under the supervision of Prof. W. J. Ashley of Har- 
 vard University, and published by that University as Radcliffe College Monographs, 
 No. 6. Numerous references are also given in Ashley's English Economic History, 
 Vol. I, pp. 3-5. 
 
Translations and Reprints 
 
 FROM THE 
 
 ORIGINAL SOURCES OF EUROPEAN HISTORY 
 
 Vol,. III. The Pre-Reformation Period. No. 6. 
 
 TABLE OF CONTENTS. 
 
 VACili 
 
 I. Early Consciousness of the Abuses in the Church. 
 
 I. The Revelation of Golias the Bisshoppe, 2 
 
 II. Heresy and the Inquisition, (XIII-XIV Centuries). 
 
 1 . Tale of Heresy from l^uke of Tuy , 6 
 
 2. Description of the Albigenses, 7 
 
 3. Petrarch's account of certain Averroists, 9 
 
 4. Edict of Frederick II, (1231), 10 
 
 5. Extracts from the Sachsenspiegel and Schwabenspiegel 
 
 relating to Heresy, 13 
 
 6. Edicts of Saint Louis, 14 
 
 7. Formulae of the Inquisition, 14 
 
 8. Thomas Aquinas on the Treatment of Heresy, .... 15 
 
 HI. Church and State. 
 
 1. The Bull Unam Sanctam, (1302), 19 
 
 2. The Bull Clericis Laicos, (1296), 21 
 
 3. The Imperial Law Licet Jviris, (1338), 24 
 
 IV. The Council of Constance and its Antecedents. 
 
 1. A Letter of Petrarch on the Papal Court at Avignon, . 26 
 
 2. Extract from Dietrich Vrie's Histor}- of the Council of 
 
 Constance, 28 
 
 3. Extract from the "Downfall of the Church" by Cle- 
 
 manges, 28 
 
 4. The Decrees " Sacrosancta " and " Frequeus " of the 
 
 Council of Constance, 30 
 
 5. List of Abuses drawn up at Constance, 32 
 
 V. Bibliographical Notice, 33 
 
TRANSLATIONS AND REPRINTS. 
 
 I. EARLY CONSCIOUSNESS OF ABUSES IN THE CHURCH. 
 
 I. THE REVELATION OF GOLIAS THE BISSHOPPE. 
 
 The student of the Reformation often forgets that it was not left for Luther 
 first to point out the abuses in the Church. The poem given below was written 
 some three centuries before Luther's birth and enjoyed great popularity in the 
 thirteenth and fourteenth centuries. It was not improbably composed by a very 
 clever churchman, Walter Mapeor Mapes, who was a member of the literary cir- 
 cle which Henry II of England gathered about him. It is but one of a great 
 number of Latin poems originating at the same period, "remarkable chiefly for 
 pungency of satire or sprightliness of composition." They were the work of uni- 
 versity men and show us that the church never succeeded in checking, at least 
 among the educated, the most open and scornful strictures upon the clergy. 
 
 The poem, of which only a portion is given below, represents the poet as 
 caught up into heaven, where he sees visions suggested by the Apocalypse of St. 
 John. The translation here given is one made under Elizabeth or a little later. 
 
 From The Latin Poems attributed to Walter Mapes, edited by Thomas Wright, 
 Camden Society's Publications, London, 1841, pp. 271 fif. 
 
 [After a burst of thimcler a "goodlie personage" appears and bids 
 the poet "Marke well and uudirstaud."] 
 
 And when he had thus done he did bringe out a booke, 
 
 Whiche booke had titles seven, and seven sealles sealled well, 
 
 And withe a stedfast eye badde me therein to looke, 
 And se therbie what I to all the world should tell. 
 
 Of bisshopes' life and trade, this book hathe right good skill, 
 As by the sealles thereof more plainlie dothe appeare, 
 
 For in the inner part is hidd all that is ill, 
 
 But to the outeward shewe all godlie thinges appeare. 
 
 Anon a certaine ]30wer there was that opened cleare 
 
 The formost chapter's seale, and then I did espie 
 Foil re beasts, whose shape eche one unlike to other were, 
 
 ]>ut nothinge yet at all in gesture contrarie. 
 
 The first of theise four })easts a lion senide to be, 
 
 The secund like a catilfe, the third an eagle stout, 
 The fourthe was like a man ; and they had wings to flie, 
 
 And full of even thev were, and turnd like wheeles about. 
 
KKVKI.ATIOX OK <;<)IJAS. 
 
 And when unclo.sed was the iir,st sealle.s knotte anon, 
 And 1 peni.sed well the chapter thoroug'h cleare, 
 
 And aftir that I beut my whole sight thereii[);)n, 
 Whereof the title was as here it may appeare. 
 
 The lion is the Pope, that useth to deyoure, 
 
 And laiethe his hookes to pledge and thirsteth aftir gold, 
 
 And dothe regard the marke, hut sainct Marke dishonor. 
 And while he sailes alofte on coyne takes anker holde. 
 
 And to the Bisshoppe in the caiilfe that we did se, 
 
 For he dothe rumie before in pasture feild, and fenne, 
 
 And guawes and chewes on that where he list best to be, 
 And thus he filles himselfe with goodes of other men. 
 
 Th' Archdeacon is likewise the egell that dothe fiie, 
 A robber rightlie cald, and sees a-farre his praie, 
 
 And aftir it with speed dothe follovy by and by, 
 
 And so !)y theft and spoile he leades his life awaie. 
 
 The Deane is he that hathe the face and shape of man, 
 
 Withe fraude, desceipt, and guile fraught full as he may be, 
 
 And yet dothe hide and cloke the same as he best can, 
 Undir pretence and shewe of plaine simplicitie. 
 
 And theis haye winges to flye, eche one of these said foure. 
 Because they flye abrode, and lie about affaires, 
 
 And they haye eyes eche one, because that eyerye houre 
 They looke about for gaine, and all that may be theires. 
 
 Then boisterous wyndes arose, and earthequakes by and by. 
 And there was harde a voice of thunder from aboye, 
 
 That sounded Ephata, which woorde dothe signifie 
 An openinge, and anon the fifthe seale did renioye. 
 
 When I the chapter sawe I reade the preface than, 
 
 And there the life and trade of priestes I marked well. 
 
 Which doe dishonor God, that all thinges first beganne. 
 Whiles for one penyes gaine the Trinitie they sell. 
 
 Full filthelie the priest dothe service celebrate 
 
 Withe voyce, and breathes on God his surfet's belchinge cheere ; 
 And hathe twoo Latin names, but not bothe of one rate, 
 
 Sacerdos is the one, the other's Presl)iter. 
 
4 TRANSLATIONS AND REPRINTS. 
 
 He cannot brooke as well Sacerdos name by right, 
 For by the other name men ought to call him more, 
 
 When he gives holie thiuges then he Sacerdos hight, 
 But Presbiter when he hathe drunck well thrise before. 
 
 He is more bolde to synne, because he heares in Lent 
 
 The people's greivous crymes, and all their synnes at large, 
 
 And all the faultes for whiche they ought for to be shent, 
 And thus he countes his owne to be of smallest charge. 
 
 >t^ >|< >!< >1< ^ ^ ^ 
 
 Then at the fearfull noyse of this huge heydeous crye. 
 My guyde beganne to strike and tremble all for feare, 
 
 And like a mased corpes for fright nigh dead stood I, 
 Until I plaiulie sawe the seventhe scale to appeare. 
 
 I saw the workes and trade of Abbottes there eche one, 
 Of whom their flock to leade to hell not one doethe misse. 
 
 In cloister movinge aye, in chamber still as stone, 
 But in the chapter howse muche like ague is. 
 
 AH worldlie pomp these men doe utterlie dispise. 
 
 Which maye be proved well by their still silent spirit. 
 
 And by their contrite hart, and water from their eyes. 
 And by their shavinge vile, and habit like to yt. 
 
 But where their garmentes bene bothe fowle and also bare, 
 All Venus sport in them with lesse suspect maye be. 
 
 And thoughe uncomelie be the shavinge of their bearde. 
 Unto the drincking potte their face is much more free. 
 
 And thoughe with contrite hart they use muche for to weepe. 
 Yet laughe they on the cuppe and smilinglie they beck, 
 
 And thoughe with silent breathe they can their tunge in keepe, 
 ^\"ithe finger they can point, and speke reproche and check. 
 
 At dyner when they sitte, to which they gone apace, 
 
 Theyr jawes are verie swifte, their teeth muche paine do take. 
 
 Their throte an open grave, their stomock in like case 
 A foming whirle])oole is, eche finger is a cake. 
 
 And when the Ab])at dothe amonge his bretheren suppe. 
 Then tossed are the cup[)es with (piaffinge to and froe, 
 
REVELATION OE (iOLIAB. ^ 
 
 And then with botbe his handes the wine he hohleth iinpe. 
 
 And with Ji thnndering-e voice thet^e wordes he doth out hh)we : 
 
 " O how niuche gh)rioiis is the lordes lamp so bright, 
 
 The cnppe in strong man's hande, that makes men druncke I meane. 
 O Baccns, god of wyne ! our covent guyde aright, 
 Withe fruict of Daviddes stocke to wash us thoroughlie cleane." 
 
 And aftir this the cuppe he takethe from the breade, 
 And cryes alowde, "Ho! sires, can yow as well as I 
 
 Drincke this cuppe in his kind that I lift to my heade?" 
 They annswer, "Yea, we can," then goe to by and by. 
 
 And least that anie one should kepe with him the cuppe 
 Till he had druncke but halfe, and so might rise thereby 
 
 Amonge them some debate and strife, they drincke all uppe, 
 And thus they plie the potte, and quaffinge quietlie. 
 
 And they make a lawe, to which eche one must stand, 
 
 That nothiuge shalbe left within the cuppe to spill. 
 And thus without the rest of bellie or of hand. 
 
 They drawe one vessell out, and then one other fill. 
 
 Then of a moncke a right demoniacke is made. 
 
 And everie moncke dothe chatte and jangle wdth his brother. 
 
 As popingaye or pie, the wdiich are taught this trade. 
 By filling of their gorge, to speake one to an other. 
 
 Their order to transgresse, thei have but small remorce, 
 
 By fraude and perjurie, by missreport and spite, 
 By gredines of mynde, withholdinge thinges by force, 
 
 By filling of their pawnches, and iieshlie fowle delight. 
 
 Wurse than a moncke there is no feende nor sprite in hell, 
 Nothinge as covetuouse nor more straunge to be knowen, 
 
 For yf yow give him ought, he male possesse it well. 
 But if you aske him ought, then nothiuge is his owne. 
 
 And yf he dyne he must no wordes nor talkinge make, 
 
 Least that his tounge doe let his teethe to chewe his meate, 
 
 And if he drinck he must needes sit his draught to take, 
 Lest that his foote doe faile, his belly e is so great. 
 
b TRANSLATIONS AND REPRINTS. 
 
 11. HERESY AND THE INQUISITION, 
 XIII AND XIV CENTURIES. 
 
 Nothing is more difficult for the student in our tolerant, if not indifferent age, 
 than to understand the universal and deeply rooted horror of heresy which pre- 
 vailed, not only during the thirteenth and fourteenth centuries, but down, at 
 least, to the eighteenth century. Heresy was treason against an institution which 
 was regarded by practically the whole body of the people, both learned and un- 
 learned, as not only essential to the salvation of the soul but as a necessai-y bulwark 
 of all order and civilization. Frank criticism of the abuses of the church has pre- 
 vailed among the more conscientious and cultivated classes from the first. But it 
 must be remembered that a consciousness of the wickedness of the individual officers 
 of the church, including even the Pope himself, did not constitute heresy any more 
 than a criticism of the administration of a corrupt municipal "ring" constitutes a 
 repudiation of government altogether. Many still hold that the "incendiary" 
 propaganda of an Anarchist should be checked. So it was generally agreed that 
 the treason of a Wycliff, or a Huss, against God and His holy church on earth 
 should be met by the prompt exe'cution of the offender. The following docu- 
 ments show how cordially the temporal rulers co-operated with the church in the de- 
 tection and punishment of what was looked upon as the most horrible of all 
 crimes. The legislation here given covered the greater part of western Europe and 
 was drawn up under the auspices of its most enlightened rulers. The simple 
 monk,^ the theologian, the monarch, the finished scholar like Peti'arch, all express 
 the same horror of this otifense. 
 
 I. THE BODY OF A BURNT HERETIC TURNS INTO TOADS. 
 
 Lucae Tudensis Episcopi De Altera Vita lib. HI, chap. 15, in Magna Bib- 
 liotheca Veterum Patrum (Ed. Coloniae Agrippinae, 1618) : vol. xiii p. 283. Latin. 
 
 From tlie lips of the same brother Elias, a venerable man, I learned 
 that when certain heretics were scattering the virulent seeds of error 
 in parts of Burgundy, both the Preaching Friars and the Minorites 
 drew the two-edged sword of God's word against these same heretics, 
 opposing them valiantly until they were finally taken by the magistrate 
 of the district. He sent them to the iiery stake as they merited, in 
 order that these workers of iniquity should perish with their wickedness 
 as a wholesome lesson to others. Quantities of wood having been su])- 
 l)lied in ])lenty to feed the flames, suddenly a toad of wonderful size 
 which is s(jmetimes called cmpaldm, appeared, and without being driven 
 betook itself of its own accord iuto the midst of the flames. One of the 
 
 ' See a diverting tale l)y Caesar Heisterliach to illustrate this in Translations and 
 Reprints, Vol. II, Xo. 4, " Monastic Tales" pp. 9 ff. 
 
])ES('KirTI()N OK TlIK A I.BK^KN.SEH. 7 
 
 heretics, who was reported to be their bishop, had fallen on his back in 
 the tire. The toad took his place on this man's face and in the sight of 
 all, ate out the heretic's tong'ue. By the next day his whole body 
 except his bones, had been turned into disgusting toads, which 
 could not be counted for their great number. The inhabitants, seeing 
 the miracle, glorified God and praised Him in His servants, the preach- 
 ing monks, because the Lord had, in His mercy, delivered them from 
 tlie horror of such pollution. God omnipotent surely wished to show 
 through the most unseemly and filthiest of animals, how foul and infa- 
 mous are the teachings of heretics, so that all might thereafter carefully 
 shun the heretic, as they would the poisonous toad. Just as among four- 
 footed creatures the toad is held the foulest, so the teachings of the 
 heretic are more debased and filthy than those of any other religious 
 sect. The blindness of heresy justifies the perfidy of the Jews. Its pol- 
 lution makes the madness of the Mohanmiedans a pure thing in con- 
 trast. The licentiousness of the heretics would leave Sodom and Go- 
 morrah stainless. What is held most enormous in crime, becomes most 
 holy, when compared with the shame and ignominy of heresy. Thus, 
 Dear Christian, flee this unspeakable evil, in comparison with which all 
 other crimes are as trifles. 
 
 2. DESCRIPTION OF THE ALBIGENSES. 
 
 I), (iuidonis, Pratica Inquisitionis Heretice Pravitatis, Pars V. Chap. I, Sec. 4. Latin, 
 
 It would take too long to describe in detail the manner in which 
 these same Manichean heretics preach, and teach their followers, but it 
 must be briefly consdered here. 
 
 In the first place they usually say of themselves that they are good 
 Christians, who do not swear, or lie, or speak evil of others ; that they 
 do not kill an}^ man or animal nor any thing having the breath of life, 
 and that they hold the faith of the Lord Jesus Christ and His Gospel, 
 as Christ and His x\postles taught. They assert that they occupy the 
 place of the apostles, and that on account of the above mentioned things 
 those ol the Roman Church, namely, the prelates, clerks and monks, 
 persecute them, especially the Inquisitors of Heresy, and call them 
 heretics, although they are good men and good Christians, and that they 
 are persecuted just as Christ and his apostles were by the Pharisees. 
 
 They moreover talk to the laity of the evil lives of clerks and pre- 
 lates of the Roman Church, pointing out, and setting forth their pride, 
 
8 TRANSLATIONS AND REPRINTS. 
 
 cupidity, avarice aud imcleaoness of life and such other evils as they 
 know. They invoke with their own interpretation, and according to 
 their abilities, the authority of the Gospels and the Epistles against the 
 condition of the prelates, churchmen and monks, whom they call 
 Pharisees and false prophets, who say, but do not. 
 
 Then they attack and vituperate, one after the other, all the sacra- 
 ments of the church, especially the sacrament of the Eucharist, saying 
 that it cannot contain the body of Christ, for had this been as great as 
 the largest mountain. Christians would have consumed it entirely before 
 this. They assert that the host comes from straw, that it passes through 
 the tails of horses, to wit, when the flour is cleaned by a sieve, [of 
 horse hair] . That moreover it passes through the body and comes to a 
 vile end which, they say, could not happen if God were in it. Of bap- 
 tism, they assert that water is material and corruptible, and is therefore 
 the creation of the Evil Power and cannot sanctify the soul, but that the 
 churchmen sell this water out of avarice, just as they sell earth for the 
 burial of the dead, and oil to the sick when they anoint them, and as 
 they sell the confession of sins as made to the priests. Hence, they claim 
 that confession made to the priests of the Roman Church is useless, and 
 that since the priests may be sinners, they can not loose nor bind, and 
 being unclean themselves, cannot make another clean. They assert, 
 moreover, that the Cross of Christ should not be adored or venerated, 
 because, as they urge, no one would venerate or adore the gallows upon 
 which a father, relative or friend had been hung. They urge farther 
 that they who adore the cross ought for similar reasons to worship all 
 thorns and lances because, as Christ's body was on the cross during the 
 passion, so was the crown of thorns on his head, and the soldier's lance 
 in his side. They proclaim many other scandalous things in regard to 
 the sacraments. They, moreover, read from the Gospels and the Epistles 
 in the vulgar tongue, applying and expounding them in their favor and 
 against the condition of the Roman Church in a manner which it would 
 take too long to describe in detail, but all that relates to this subject 
 may be read more fully in the books they have written and infected, 
 and may be learned from the confessions of such of their followers as 
 have been converted.^ 
 
 1 The reader will find a most interesting extract from the Archives of the In- 
 quisition at Carcassonne in Lea's Inquisition, Appendix to Vol. I. where the rea- 
 sons are given which were customarily advanced by the Albigenses (Cathari) for 
 attributing the Old Testament to the inspiration of the Evil Principle. 
 
the averroi8ts. 9 
 
 3. Petrarch's description of the averroists. 
 
 Opera Omnia (Basle 1581), Epistolae rerum senilium, Lib. V, III. Latin. 
 Also, in French, in Develay: Lettres de Petrarquea Boccace (Paris 1891), pp. 184 ft. 
 
 How are we to deal with another monstrous kind of pedant who, 
 in spite of a religious garb, is most profane in heart and conduct, he who 
 would have us believe that Ambrose, Augustine and Jerome were igno- 
 ramuses, for all their wordy treatises? I do not know the origin of these 
 new theologians, who do not spare the great teachers and will soon cease 
 to respect even the Apostles and the Gospel. They will soon turn their 
 impudent tongues against Christ himself, unless He wiiose cause is at 
 stake interferes to curb these raging beasts. For it has already 
 l^ecome a well established habit with these fellows, to express their scorn 
 by a mute gesture or by some impious observation, whenever revered 
 names or sacred subjects are mentioned. ''Augustine," they will say 
 for example, "saw^ much, but understood little." Nor do they speak 
 less insultingly of other great men. 
 
 Recently one of these philosophers of the modern stamp happened 
 to be in my library. He did not, it is true, wear the habit of a church- 
 man, but, as we know, the real Christian is known by his belief. He 
 was one ofthose who think that they live in vain unless they vomit out some- 
 thing against Christ or his divine teachings. When I cited some pas- 
 sage or other from the holy scriptures, he exploded with wrath, and with 
 his face, naturally ugly, still further disfigured by anger and contempt, 
 he exclaimed, "You are welcome to your piddling church fathers; as 
 for me, I know w^hom I should follow, for I knoiu him whom I hare 
 believecV'^ "But," I replied, "you use the words of the apostle; would 
 that you w^ould take them to heart!" "Your apostle," he answered, 
 "was a sower of w^ords and a lunatic." "You reply like a good philoso- 
 pher," I said. "The first accusation was brought against him by other 
 philosophers and the second to his face, by Festus, governor of Lycia. 
 He did indeed sow the word with such success that, cultivated by the 
 beneficent plow of his successors, and w^atered by the holy blood of the 
 martyrs, it has borne such an abundant harvest of faith as all may 
 behold." At this he burst forth into a sickening roar of laughter. "So 
 you are a good Christian ? as for me I put no faith in all that stuff. 
 Your Paul and your A ugustine and all the rest of the crowd you preach 
 
 III. Timothy I, 12. 
 
 ■■^Luther reports that one who looked with disapprobation upon the vices of the 
 churchmen was called " Bon Christian," in Italy. 
 
lO TRANSLATIONS AND REPRINTS. 
 
 about, were a set of babblers. If you could but endure Averroes 
 you would quickly see how far superior he was to these empty-headed 
 fellows." I was very augry, I must confess, and could scarcely keep 
 from striking his filthy, blasphemous mouth. "It is the old question 
 between me and the heretics. You may go," I cried — "you 
 and your heresy, never to return." With this I plucked him by 
 the gown and, with a want of ceremony less in consonance with my 
 habits than his own, hurried him out of the house. 
 
 There are thousands of instances of this kind where nothing will 
 prevail — not the majesty of the Christian name, nor the reverence for 
 Christ himself, whom the angels fall down and worship, though weak 
 and depraved mortals may insult Him ; nor even the fear of punishment 
 or the armed inquisition of heresy. Prison and stake are alike impo- 
 tent to restrain the impudence of ignorance and the audacity of heresy. 
 
 Such are the times, my friend, upon which w^e have fallen; such is 
 the period in which we live and are already growing old. Such are the 
 judges against whom I have so often inveighed, who, innocent of know- 
 ledge or virtue, harbor the most exalted opinion of themselves. Not 
 content with losing the works of the ancients, they must attack their 
 ability and their ashes. They rejoice in their ignorance, as if what they 
 did not know were not worth knowing. They give full reign to their 
 unlicensed and conceited spirits and freely introduce among us new 
 authors and outlandish teachings. 
 
 4. FROM THE CONSTITUTIONS OF THE KINGDOM OF SICILY. 
 
 Historia diplomatica Frederici Secundi, ed. Huiliard-Breholles, Tom. IV, 
 I'art I, pp 5, seq. Latin. 
 
 TITLE I. B. 
 
 Coucernuuj Heretics and Patavlns. 
 
 The heretics endeavor to rend the seamless garment of our Lord, 
 and in accordance with their vi(Mous name, which means division, they 
 w(Mdd destroy the unity of that same indivisible faith. They would 
 witli(h-aw the sheep from Peter's guardianshi}), to which they were 
 entrusted by the Good Shepherd. They are ravening wolves within, 
 but feign a hjve for the flock, until they shall have crept into the Lord's 
 fold. Tliey are bad angels, sons of ])erversity, appointed by the father 
 of lies and deception to mislead the sim})le minded. They are serpents 
 
HERETICS AND P AT A R INS. II 
 
 who deceive the doves. Like serpents they creep stejdthily abroad ; with 
 honeyed sweetness they vomit forth their virus. While they pretend to 
 offer life-giving food, they strike with their tail, and prepare Ji deadly 
 draught, as with some dire poison. These sects do not assume the old 
 names, lest they should he recognized, but, what is perhaps more heinous, 
 not content like the Arians, who took their name from Arius, or the 
 Nestorians from Nestorius, and others of the same class, they must imi- 
 tate the example of the martyrs, who suffered death for the catholic 
 faith. They call themselves Patarins, as if they, too, were sufferers. ' 
 These same wretched Patarins, who refuse to accept the holy belief in 
 the eternal Trinity, under a single combination of wickedness offer a 
 triple offence. They offend God, their neighbor and themselves, — God, 
 since they refuse to place their faith in Him or recognize His Son ; their 
 fellow-men they deceive, for they offer them the sednctions of a perverse 
 heresy under the form of spiritual nurture. They rage even more 
 fiercely against themselves for, prodigal of life and careless of death, in 
 addition to the sacrifice of their sonls, they involve their bodies in the toils of 
 a horrible end, which they might avoid hy acknowledging the truth and 
 adhering to the true faith. What is worst of all, the survivors are not 
 terrified by such examples. 
 
 t Against these who offend alike against God, themselves and their fel- 
 ■ low-men, we cannot restrain ourselves and must draw forth the sword of 
 merited retribution. We pursue them the more closely, inasmuch as 
 they are known, to the obvious prejudice of the Christian faith, to extend 
 the crimes of their superstition toward the Koniaii Church, which is 
 regarded as the head of all other churches. Thus from the confines of 
 Italy, especially from parts of Lombardy, where we are convinced that 
 their wickedness is widespread, we now find rivulets of their perfidy 
 reaching even to our kingdom of Sicily. Feeling this most acutely, we 
 decree, in the first place, that the crime of heresy and of reprehensible 
 teaching of whatever kind, by whatever name its adherents may ])e 
 known, shall, as provided by the older laws, be included among the 
 recognized crimes. (For, should not what is recognized to be an offense 
 against the Divine Majesty, be judged more terrible than the crime of 
 lese-majesty directed against ourself, although in the eyes of the law 
 
 ^The name, which seems here to be derived h'om patior, to suffer, appears to 
 have been given to the Milanese Cathari, because they hved among llie rag-picl<;ers 
 or Patari. cf. Mr. Lea's History of the Inquisition, I, 114. 
 
12 TRANSLATIONS AND REPRINTS. 
 
 one is not graver than the other?) As the crime of treason deprives the 
 guilty of life and property, and even blackens the memory of the dead, 
 so in the aforesaid crimes of which the Patarins are guilty, we wish the 
 same rules to be observed in all respects. x\nd in order that the wick- 
 edness of those who walk in darkness, since they do not follow God, 
 should be thoroughly exterminated, we wish those who practice this 
 class of crimes should, like other malefactors, be diligently sought for 
 and hunted out by our officers. If such be discovered, even if there be 
 only the slightest suspicion of their guilt, we command that they shall 
 be examined by churchmen and prelates. If they shall be discovered 
 by these to have deviated from the Catholic faith, even in a single 
 respect, and if, when admonished by such churchmen, in their function 
 of pastors, they refuse, by leaving the wiles of the Devil, to recognize the 
 God of light, and stubbornly adhere to their error, we command, by this 
 our present edict, that such condemned Patarins shall suffer the death 
 they court ; that, condemned to the sentence of the flames, they shall be 
 burned alive in the sight of the people. Nor are we loath to satisfy 
 their cravings in this respect, for they only suffer the penalty of their 
 crime and reap no farther gain. No one shall dare to intercede with 
 us for any such, and should any one presume to do this, we shall pro- 
 perly direct the darts of our indignation against him, too. 
 
 TITLE II. 
 
 The emperor Frederich, concerning those who receive, adhere to 
 or favor the Patarins, their accomplices or fautors} 
 
 All who shall receive, trust, aid or abet the Patarins, in any way, 
 seeking to shield others from a penalty which they rashly do not fear 
 for themselves, shall be deprived of all their goods and bani^jhed forever. 
 Their sons shall thereafter be excluded from all honors whatsoever and 
 shall be ])randed with perpetual disgrace-.. They shall not be permitted 
 to act as witnesses in any case, but shall be rejected as infamous. But 
 if any one of the sons of such har borers or fautors shall point out a 
 Patarin, whose guilt shall be thus ju'oven, he shall, by the imperial 
 clemency, be freed from the opprobrium and restored to his full rights 
 in view of the good faith which he has shown. 
 
 ^The comprehensive Latin expressifjn is patarcnorinn receptoribiis, cre- 
 deniibus, complicibiis etfauioribiis. 
 
CONCERNING HERETICS. 1 3 
 
 5. (a) FROM THE SACHSENSPIE(iEL. 
 
 Der vSaclisenspiegel, herausgegeben von Dr. J. Weiske (Fiiiifie Auf.) IJuch 2, 
 Alt. 13, I 7. Old German. 
 
 Any Christiau man who is an nnbelievei*, or who practices ])oison- 
 ing, and is convicted shall be burnt at the stake. 
 
 (b) FROM THE SCHWABENSPIEGEL. 
 
 Der Schwabenspiegel, herausg. von Wackernagel, pp. 241-3 (Cap. 258). Old 
 German. 
 
 Coneenmig Heretics. 
 
 Where persons are believed to be heretics, they shall be accused 
 })efore the spiritual court, for they should in the first place be tried by 
 ecclesiastics. When they are convicted they shall be taken in hand by 
 the secular court, which shall sentence them as is right ; that j.s^ say, 
 tliey shall be burned at the stake. If^ however, the judge protects them, 
 or makes any illegal concessions and does not sentence them, he shall be 
 exconnnunicated, and that in the most severe form. This shall be done 
 by a bishop. When there is a temporal judge above the first judge, he 
 shall pass judgment upon him as he should have judged the heretic. 
 In case a feudal lord does not bring heretics to judgment, but protects 
 them, the ecclesiastical court shall excommunicate him. If such prince 
 does not yield within the space of a year, his bishop, who excommuni- 
 cated him, shall report his evil deeds to the Pope and the length of time 
 he has remained excommunicated for the same. Then shall he [the 
 Pope] with propriety deprive him of his princely office and of all his 
 dignities. This the Pope shall bring to the notice of his king and his 
 other judges. These shall substantiate the sentence of the Pope with 
 their sentence. He shall ^e deprived of all his goods, his fiefs and all 
 his worldly honors!'" Thus shall lords and poor men be judged. The 
 fitness of this is thus shown : 
 
 There was once a Pope at Rome called Zacharias. In his time 
 there was a king of France called Lescandus who protected the heretics 
 unlawfully. He was king before King Pippin, King Charles' father. 
 Him the Pope deposed from his kingship and from all his honors. And 
 Pippin became king in his stead during his natural life. We read, too, 
 that Pope Innocent deposed King Otto of the Roman Empire, on account 
 of his ill deeds. This the popes have a right to do, as God spake to 
 
14 
 
 TRANSLATIONS ANlJ REPRINTS. 
 
 Jeremiah, saying, "I have set thee over all the nations and over all the 
 kingdoms to judge." 
 
 6. (a) FROM AN EDICT OF SAINT LOUIS DIRECTED AGAINST THE 
 HERETICS OF LANGUEDOC, (l228.) 
 
 Isambert Recueil general des anciennes lois francaises, Vol. T, p. 233 : 
 Latin. 
 
 Moreover, since the keys of the church are often despised in that 
 country [Languedoc], we command that excommunicated persons shall 
 be avoided according to the canonical provisions, and that if any one 
 shall contumaciously remain in a state of excommunication for a year, 
 he shall be forced by material means ^ to return to the unity of the 
 Church, in order that those who are not induced to leave their evil way 
 by the law of God, may be brought back by temporal penalties. We 
 therefore order that our bailiffs shall, after one year, seize all the prop- 
 erty, both real and personal, of all such excommunicated persons. And 
 on no account shall such property be in any way returned to snch per- 
 sons, until they have been absolved and have rendered satisfaction to 
 tke church, and then only by our special order. '^ 
 
 (b) FROM THE ETABLISSEMENTS OF SAINT LOUIS. 
 
 Etablissements de Saint Louis (ed. Viollet), Livre I, Cap. 90, Old French. 
 
 If any be suspected of heresy, the magistrate shall lay hold of him 
 and send him before the bishop. If he be convicted, he shall be burned, 
 and all his personal property shall revert to his lord. 
 
 7. (a) FORM OF OATH TAKEN UPON THE BOOK OF THE GOSPELS BY 
 THE SENESCHALS AND MAGISTRATES OF THE LORD KING. 
 
 B. Ciuidonis Pratica Inqui.sitionis Pravitatis Heretice (ed. Douais), Paris, 1886, 
 p. 87. Latin. 
 
 We, ^'' '''^ ''' ''S a Seneschal and a Vicariiis of Toulouse and, -'^ -^ -'^ '^, 
 
 ' IsainlxMt gives spiriLualiter l)ut appnn'es the reading corporaliter. 
 
 ''■ Article 2 of this same edict, provides thai condemned heretics shall be 
 "duly punished" [debita pnniantur), but death by lire is explicitly provided for, 
 in the Etablissements published some forty years hiUr. 
 
RELAXATION TO TIIIO SKCILAK A KM. I5 
 
 a judii-e in ordinary, faiid so with otlier officials then |)i(-*se)it ) swear 
 1)V these holy Gos])els of God, tliat we will hold to the faith of our Lord 
 flesus Christ and the holy Roman Ghnrch, and will eause it to he held, 
 and will defend it with all onr power against eyery one. We will like- 
 wise pnrsue, and take, and cause to be taken, whereyer we ean, all here- 
 tics with their adherents, aiders, abettors, hel])ers and defenders, as well 
 as all fugitives on account of heresy. These afoi-esaid, if we know w hei-e 
 they are to be found, or where any one of them is to lie found, we will 
 accuse and denounce to the Church and to the inquisitors. ^Moreover, 
 we swear that we will not commit any bailliage, judicature, adminis- 
 trative or other public office, to any one of the pestiferous persons, nor 
 will we permit any one to use or hold any public office who is suspected 
 or defamed for heresy, or any one sentenced for the crime of heresy, or 
 otherwise precluded by the inquisitors, or by law, from holding a public 
 office. We will not receive anything from the aforesaid, nor have them 
 in our family, or society, or service, or knowingly take council wilh them. 
 If the contrary should result from ignorance, we will expel the aforestnd 
 straightway, so soon as the matter shall be brought to our notice by the 
 inquisitors of heresy, or others worthy of liiitli. In these things, and in 
 all others which relate to the office of the inquisition for heresv we will 
 be obedient to God, the Roman Church, and the inquisitors of tliis same 
 heresy. So help us God and these. His Holy Gospels. 
 
 (b) FORM OP^ RELAXATION TO THE SECULAR ARM. 
 B. Guidonis Pratica, etc., pp. 143, 144. Latin. 
 
 [After enumerating the errors of those to be sentenced, the writ 
 continues:] 
 
 Since after salutary exhortations, ample refutations and a regidar 
 
 trial, the said A , sinking to the lowest depths of evil, stubbornly 
 
 ar.cl perversely persists in the said errors and doctrines, and defends them 
 in the most obstinate and impudent fashion, clinging to them, and preferring 
 to die in and for them, rather than leave his evil ways and return tot lie 
 unity of the church, we, the aforementioned, having maturely considered 
 and taken council in this matter with good men, expert in both systems 
 of la\y, haying called upon the name of Christ, and having before oui- 
 eyes God only, the purity of the orthodox faith, and the unity of the 
 holy Catholic Church, in the presence of such and such persons, and with 
 the holy Gospels of the Lord before us, that our judgment may go fortli 
 before the face of the Lord and our eye»s behold equity ; Ave, .fitting as 
 
1 6 TRANSLATIONS AND REPRINTS. 
 
 a tribunal, on the day and in the place, especially assigned for passing 
 
 judgment upon the said A , by the authority in virtue of which we 
 
 act, do by these presents, assert, and as the final sentence, pronounce and 
 declare the said A to be a pestilential assertor of perverse doc- 
 trines, to be a rebel and opposed to the authority and power of the 
 Catholic Church. We declare that he is, moreover, a manifest heretic 
 and that, as an obstinate heretic, since the Church can, in view of his 
 conduct, do nothing further for him, we do relinquish him to the arm 
 and judgment of the secular court, affectionately requesting the said 
 court, that they should so moderate their sentence as not to involve death 
 or the mutilation of his members. 
 This sentence was given, etc.: 
 
 8. THOMAS AQUINAS ON "WHETHER HERETICS ARE TO BE TOLERATED." 
 
 Sancti Thomae Aquinatis Summa Theologica, Quaest. XI. Art. III. Latin. 
 
 Proceeding to the third question. First. It would appear that 
 heretics are to be tolerated, for the Apostle says, ( II. Timothy, II: 24), " The 
 Lord's servant must be gentle, in meekness, correcting them that oppose 
 themselves to the truth ; if peradventure God may give them repentance 
 u)ito the knowledge of the truth, and they may recover themselves oid of 
 the snare of the devlV But if heretics are not tolerated but delivered 
 over to death, they are deprived of the opportunity of repentance. 
 Hence, this would seem contrary to the precept of the Apostle. 
 
 Second. Moreover, that which is necessary in the church must be 
 tolerated. But heresies are necessary in the church. For the Apostle 
 says, (I Corinthians, XI: 19J, ^^ For there must he also heresies among you 
 that they which are approved may be made manifest aynong you.'' There- 
 fore, it would seem that heretics are to be tolerated. 
 
 Third. Moreover, the Lord commands his servants, (Matthew, 
 XIII), that they should let the tares grow until the harvest, which is 
 the end of the world, as is explained in the Interlinear Glossa. But 
 the tares signify the heretics according to the interpretation of the 
 saints. Therefore heretics are to be tolerated. 
 
 l^ut against this is to be urged the saying of the iV])ostle, (Titus, 
 JJJ: 10), " A man, tJiat is heretical after a first and second admonition, refuse, 
 knowing that such a one is perverted." 
 
 I re])ly that heretics must be considei-ed from two points of view, 
 namely, as regards tlie heretic himself, and secondly, as regards the 
 
EXTRACT FROM AQUINAS. 1 7 
 
 churcli. As for the heretics themselves, there is their sin for which they 
 deserve not only to be separated from the church by excommunication, 
 but to be sent out of the world by death. It is, indeed, a much more 
 serious offense to corrupt the faith, upon which depends the life of the 
 soul, than to falsify coin, by means of which the temporal life is sus- 
 tained. Hence, if counterfeiters and other malefactors are justly 
 hurried toTIeatli by secular rulers, much the more may those who are 
 convicted of heresy not only be excomm umcated but j ustly put to a 
 speedy death. But on the side of the church, there is mercy looking f(jr 
 the conversion of the erring. She does not therefore condemn im- 
 mediately, but only after a first and second admonition, as the Apostle 
 'teaches. Should the heretic still prove stubborn, the church, no longer 
 hoping for his conversion, shall provide for the safety of others by 
 separating him from herself by a sentence of excommunication. She 
 further relinquishes him to the secular judgment to be put out of the 
 world by death\ Jerome also says, (on the passage in Galatians V), "a 
 little leaven "; and as provided in 24. qu. 3, cap 16.^ ''Foul flesh must be 
 cat away, and mangy sheep must he kept from the fold lest the whole 
 hoHse^ be burned, the whole mass corrupted, the whole body be destroyed. 
 Arias was bat a spark in Alexandria but since this spark was not jyromptly 
 quenched, the ivhole world lias been devastated by the flames.'' 
 
 As to the first argument,^ namely that which relates to the meek- 
 ness in which a hei'etic should be admonished a first and a second time ; 
 if, after that, he refuses to return he is to be looked upon as j^erverted, as 
 appears from the authority of the Apostle above cited (in the argument 
 beginning. But against.) 
 
 As to the second argument, any advantage which may proceed from 
 heretics, is in no way intentional on their part, as for example, the proof 
 they furnish according to the x\postle, of the constancy of the faithful, 
 or as Augustine says — Lib. I de gen., cont. Manich. (Cap. I, about the 
 middle) '' Let as put away all slothfulness, carefally searching the holy 
 
 1 The Latin seems unequivocal — e^ ulterius relinquit eum judicio saecu- 
 lari a miindo exterfmnandnni per mortefn. Compare with the pleas for mercy 
 at the close of the form of sentence, given above 7 b. 
 
 ■^ A usual form of reference to the Canon law. 
 
 ''' Referring to a part of Jerome's sentence which the Angelic Doctor omits. 
 Quotations are often very carelessly made, as in the opening one fi-om second Tim- 
 othy. 
 
 ^That is, the first agreement in favor of toleration mentioned above. 
 
1 8 TRANSLATIONS AN]) REPRINTS. 
 
 Script tirers.'" Their intention is, on the contrary, to corrupt the faith, and 
 this is most harniful. We should, therefore, give more weight to those 
 conscious aims which wouhi cut them off, rather than the unintentional 
 good, which would seem to countenance their toleration. 
 
 To the third argument we may reply, as it is written in the Decret- 
 als 24, qu. 8, Cap. Beginning, It is to be observed that excommunication is one 
 thi)tg and extirpation another. One is excommunicated with a view, as 
 the apostle says, (1 Con. V, 5,) "that the spirit may be saved in the day of 
 the Lord.'' That heretics shall be totally extirpated by death, is not 
 however, contrary to the connnand of God, for that command is to be 
 understood as applying only in the case when the tares cannot be de- 
 stroyed, without destroying the wheat at the same time, as has been said 
 in the preceding question, art. 8, argument 1, when we treated of here- 
 tics in connnon with infidels. 
 
 III. CHUECH AND STATE. 
 
 The problem of the relations between the Mediaeval church, which enjoyed 
 many of the privileges, and exercised many of the functions, of a modern state, and 
 the rudimentary Mediaeval state which was destined to absorb many of the func- 
 tions of the church and to develop many new forms of activity, — this problem is 
 probably the most interesting of Mediaeval history. The struggle between Philip 
 the Fair of France and Boniface VIII, at the opening of the fourteenth century 
 and, a little later, the efforts of the Emperor, Louis of Bavaria to assert his claims 
 against the opposition of the popes at Avignon, gave rise to a most important dis- 
 cussion of the whole question of government. Peter du Bois (died about 1320) 
 advocates (in his pamphlet de Recuperatioiie Terre Sancte) a system of interna- 
 tional arbitration and a federation of the states of Europe under the headship of 
 France, which should bring about a universal peace. Marsiglio of Padua wrote his 
 enlightened treatise {Defensor Pads) on the right of the state to be, and advocated 
 the diminution of the powers and privileges of the clergy, Dante in his De Mon- 
 archia, espoused the cause of the Empire with equal warmth, if with much less 
 insight. On the other side, we have, among others, the works of Trionfo, [de Potes- 
 tate Papae) where the most exaggerate<l claims of the Papacy were defended. 
 This was repeatedly reprinted from 1473 to 1584, and was looked upon during 
 their struggle against the protestant defection, as the most learned and effective de- 
 fense of the supremacy of the popes. 
 
 While the best analysis of the latter works is in the rare brochures of Friedberg 
 Die Miiteldlterlichen Lehren iiber das Verhdltniss von Staat und Kirche, 
 the reader will find an excellent discussion in R. L. Poole's Illustrations of Mediae- 
 val Thought, and (less full) in Creighton's Papacy, Vol. I, Ch. II. 
 
 The two Papal bulls and the protest of the German Electors given lielow, are 
 among the best brief official documents relating to this great struggle. 
 
BUJ.L UN AM SANCTAM. 1 9 
 
 I. THE BULL UNAM SANCTAM OF BONIFACE VlII, (1302). 
 
 From the text given by Mury (Revue des Questions Historiques, vol. 46, pp. 
 255, 256) based on the facsimile from the Papal Regesta. In Latin. 
 
 The bull Unam Sanctani, while an obscurely worded document, furnishes a 
 convenient example of the reasoning of those who strove to exalt the papal power 
 to the highest point. The theory of the two swords is taken from Saint Bernard 
 (Epistolee, CCLVI), other portions almost literally from Aegidiu^^ Romanus, a well 
 known political M'riter of the time, who is supposed by some to have drafted the 
 bull itself. The more comprehensive claims of the bull have been so attenuated by 
 the official interpretation of succeeding Popes that the claim directly to con- 
 trol the secular government is surrendered. 
 
 The present pope, Leo XIII, in an Encyclical, Iniinortale Dei, speaks of the 
 relation between church and state as follows : — " God has divided the care of the 
 human race between two powers, namely the ecclesiastical and civil, assigning to the 
 one divine interests, to the other human affairs. Each is the greatest of its kind ; 
 each is limited by definite bounds ; controlled like some sphere, each acts 
 according to its own laws. But because both have power over the same persons it 
 may come to pass that the same matter, although for different reasons, may be 
 included within thescope and jurisdiction ofboth, and it is the part of a far-seeing God, 
 l)y whom both powers have been established, to have accurately and fittingly de- 
 termined the paths of each. ' ' 
 
 Although the authenticity of the bull has been questioned, it is recorded in the 
 Papal Registers, is appended to the civil law in the Extravagantes, and was for- 
 mally sanctioned by Leo X in the Fifth Lateran Council. An interesting discus- 
 sion of the bull and its origin is to be found in the Revue des Questions Histori- 
 ques for 1879, vol. 26, pp. 91 ff. 
 
 That there is one Holy Catholic and Apostolic church we are im- 
 pelled by our faith to believe and to hold — this we do firmly believe 
 and openly confess — and outside of this there is neither salvation or re- 
 mission of sins, as the bridegroom proclaims in Canticles, " My dove, my 
 undefiled is but one ; she is the only one of her mother ; she is the 
 choice one of her that bare her." The church represents one mystic 
 body and of this body Christ is the head ; of Christ, indeed, God is the 
 head. In it, is one Lord, and one faith and one baptism. In the time of the 
 Hood, there was one ark of Noah, pre-figuring the one church, finished 
 in one cubit, having one Noah as steersman and commander. Outside 
 of this, all things upon the face of the earth were, as we read, destroyed. 
 This church we venerate and this alone, the Lord saying through his 
 prophets, " Deliver my soul, O God, from the sword ; my darling from 
 the power of the dog." He prays thus for the' soul, that is for Himself, 
 as head, and also for the body which He calls one, namely, the church 
 
20 TRANSLATIONS AND REPRINTS. 
 
 on account of the unity of the bridegrooui, of the faith, of the sacra- 
 ments, and of the charity of the church. It is that seamless coat of the 
 Lord, which was not rent, but fell by lot. Therefore, in this one and 
 only church, there is one body and one head, — not two heads as if it 
 were a monster — namely, Christ and Christ's Vicar, Peter and Peter's 
 successor, as the Lord said to Peter himself, " Feed my sheep : " my 
 sheep, he said, using a general term and not designating these or those 
 sheep, so that we must believe that all the sheep were committed to 
 him. If, then, the Greeks, or others, shall say that they were not en- 
 trusted to Peter and his successors, they must perforce admit that they 
 are not of Christ's sheep, as the Lord says in John, " there is one fold, 
 and one shepherd." 
 
 In this church and in its power are two swords, to wit, a spiritual 
 and a temporal, and this we are taught by the words of the Gospel, for 
 when the Apostles said, " Behold, here are two swords," (in the church, 
 namely, since the apostles were speaking), the Lord did not reply that it 
 was too many, but enough. And surely he w^ho claims that the tem- 
 poral sword is not in the power of Peter, has but ill understood the word 
 of our Lord when he said, "Put up thy sword in its scabbard." Both, 
 therefore, the spiritual and the material swords, are in the power of the 
 church, the latter indeed to be used for the church, the former by the 
 church, the one by the priest, the other by the hand of kings and sol- 
 diers, but by the will and sufferance of the priest. It is fitting, more- 
 over, that one sword should be under the other, and the temporal author- 
 ity subject to the spiritual power. For when the apostle said, "there is no 
 power but of God and the powders that are of God are ordained, " they would 
 not be ordained^ unless one sword were under the other, and one, as 
 inferior, was brought back by the other to the highest place. '^ For 
 according to the Holy Dionysius, the law of divinity is to lead the lowest 
 through the intermediate to the highest. Therefore, according to the law of 
 the universe, things are not reduced to order directly, and upon the same 
 footing, but the lowest through the intermediate, and the inferior through 
 
 M. e., disposed in an orderly manner. 
 
 '■^Mr. Henderson suggests (Select Hist. Documents 436) "were guided by the 
 other to the performance of the most exalted deeds." This is, at least, intelligible 
 while the literal one here given and the numerous French and Cierman renderings 
 cited by Mury, Revue des (Questions Hislf)rif[ucs, vol. 26, pp. 107, 108, are none of 
 them clear. 
 
BULL CLERICI8 LAICOS. 21 
 
 tlie sii})eri()r. It behooves us, therefore, the more freely to confess that 
 the spiritiuil power excels in dignity and nobility any form whatsoever 
 of earthly power, as spiritual interests exceed the tem})oral in impor- 
 tance. All this we see fairly from the giving of tithes, from the bene- 
 diction and sanctification, from the recognition of this power and the 
 control of these same things. For the truth bearing witness, it is for the 
 spiritual power to establish the earthly power and judge it, if it be not 
 good. Thus, in the case of the church and the power of the church, the 
 prophecy of Jeremiah is fulfilled : " See, I have this day set thee over 
 the nations and over the kingdoms " — and what follows. Therefore, if 
 the earthly power shall err, it shall be judged by the spiritual power, if the 
 lesser spiritual power err, it shall be judged by the higher. But if the su- 
 preme power err, it can be judged by God alone and not by man, 
 the apostles bearing witness saying, the spiritual man judges all things 
 but he himself is judged by no one. Hence this power, although given 
 to man and exercised by man, is not human, but rather a divine power, 
 given by the divine lips to Peter, and founded on a rock for Him and 
 his successors in Him [Christ] whom he confessed; the Lord 
 saying to Peter himself, " Whatsoever thou shaltbind " etc. Whoever, 
 therefore, shall resist this power, ordained by God, resists the ordi- 
 nation of God, unless there should be two beginnings, as the Manichaean 
 imagines. But this we judge to be false and heretical, since, by the 
 testimony of Moses, not in the beguinhuja, but in the beguudug, God 
 created the heaven and the earth. We, moreover, proclaim, declare 
 and pronounce that it is altogether necessary to salvation for every hu- 
 man being to be subject to the Roman Pontiff.^ 
 
 Given at the Lateran the twelfth day l)efore the Kalends of De- 
 cember, in our eighth year, as a perpetual memorial of this matter. 
 
 2. THE BULL CLERICIS LAK'OS, ( T 296. ) 
 
 Rymer's Foedera, (ed. 1727), Vol. II, pp. 706, 707. Latin. 
 
 This declaration of the papacy antedates the preceding bull by some six years. 
 It is much more specific than Unam Sanclam, dealing especially with the asserted 
 exemption of the clergy from taxation and secular jurisdiction. A struggle be- 
 
 ^ This famous concluding sentence has been rol)bed of all political significance 
 by the interpretation of Leo X, who declared that ''every huuian being ]^ meant 
 '■'• all Christian believers^ " which reduces the meaning to a commonplace of 
 Catholic theology. 
 
22 TRANSLATIONS AND REPRINTS. 
 
 tween the papacy and the temporal rulers as to the proportion of the vast income 
 of the church which each should enjoy, was inevitable. The extensive enterprises of 
 Philip the Fair of France and Edward I of England led them to apply to the clergy 
 for a part of the revenue necessary to meet the public expenses ; Edward demanded one 
 fifth of their personal property in 1296, Philip exacted a one hundredth, then one 
 fiftieth of the possessions of clergy and laymen alike. Against this impartial system, 
 which bore on all classes alike, Boniface issued the bull given below. p]ut Philip had at 
 the same period issued a decree forbidding the exportation, without his express consent, 
 of the precious metals, thus cutting off the papal supplies. Two years later, the pope 
 greatly modified the claims of the bull, by admitting the legitimacy of the dons 
 gratmts, or free gifts of the clergy, to the king and even of extraordinary aids 
 which could, in case of urgent necessity, be collected without waiting for the papal 
 consent. 
 
 Bishop Boniface, servant of the servants of God, in perpetual inein- 
 ory of this matter. Antiquity shows us that the hiitv has always been 
 exceeding hostile to the clergy ; and this the experience of the present 
 time clearly demonstrates, since, not content with their limitations, the 
 laity strive for forbidden things and give free reign to the pursuit of 
 illicit gain. 
 
 They do not prudently observe that all control over the clergy, as 
 well as over all ecclesiastical persons and their possessions, is denied 
 them, but impose heavy burdens upon the prelates of the churches, 
 upon the churches themselves, and upon ecclesiastical persons both 
 regular and secular, exacting talliages and other contributions from 
 them. From such persons they require and extort the payment of a 
 half, a tenth, a twentieth or some other quota of their property or in- 
 come, and strive in many other ways to subject the churchmen to sla- 
 very and bring them under their control. 
 
 And (with grief do we declare it) certain prelates of the churches 
 and ecclesiastical persons, fearing where they ought not to fear, and 
 seeking a temporary peace, dreading to offend a temporal more than 
 the eternal majesty, do, without having received the permission or sanc- 
 tion of the Apostolic See, acquiesceinsuchabuses, not so mucli from reck- 
 lessness, as want of foresight. We, therefore, desiring to check these 
 iniquitous jxractices, by the (H)uncil of our brothers, do, of our a})ostolic 
 authority, d(^cree that whatever prelates and ecclesiastical ))ersous, 
 whether monastic or secular, whatever their order, condition or status, 
 sliall pay, or promise or agree to ))ay to laymen, any (Huitribulions 
 or talliages, tenths, twentieths or lunidredths of tlieir own, or their 
 churches' revenues or possessions, or shall pay any smn, portion or 
 
BULL CLERICIS LAICOS. 23 
 
 part of their reveiiiies or goods, or of their estiimited or actual value, in the 
 form of an aid, loan, subvention, subsidy or gift, or upon any other pre- 
 tense or fiction whatsoever, without authority from this same Apostolic- 
 See, — likewise emperors, kings and princes, dukes, counts, barons, 
 podesta, captains, officers, rectors, whatever their title, of cities, castles 
 or other places wherever situated, or any other persons, whatever their 
 rank, condition or status, who shall impose, exact or receive such pay- 
 ments, or who shall presume to lay hands upon, seize or occupy the pos- 
 sessions of churches, or of ecclesiastical persons deposited in the sacred ed- 
 ifices, or who shall order such to be seized or occupied, or shall receive 
 such things as shall be seized or occupied, — likewise all who shall con- 
 sciously lend aid, council or support in such undertakings, either pub- 
 licly or privately, — shall, by the very act, incur the sentence of excom- 
 munication ; corporations, moreover, which shall show themselves guilty 
 in these matters, we place under the interdict. 
 
 We strictly command all prelates and ecclesiastical persons above 
 mentioned, in virtue of their obedience, and under penalty of deposition, 
 that they shall not hereafter acquiesce in any such demands, without the 
 express permission of the aforesaid Chair. Nor shall thev pay any- 
 thing under pretext of any obligation, promise or declaration made in 
 the past, or which may be made before this notice, prohibition or order 
 shall be brought to their attention. Nor shall the above mentioned 
 laymen in any way receive any such payments. And if the former pay, 
 or the latter receive anything, they shall incur, by the act itself, the sen- 
 tence of excommunication. No one, moreover, shall be freed from the 
 above mentioned sentences of excommunication or of the interdict, ex- 
 cept in the article of death, without the authority and special permission 
 of the Apostolic See, since it is our intention to make no kind of com- 
 promise with such a horrible abuse of the secular power; and this not- 
 withstanding any privileges, whatever their tenor, form or wording, con- 
 ceded to emperors, kings or other persons above mentioned, for we will 
 that such concessions as- are in conflict with the preceding prohibitions 
 shall avail no individual person or persons. Let. no man at all, 
 therefore, violate the page of this our decree, prohibition or order, or 
 with rash assumption, contravene it. Whoever shall presume to at- 
 tempt this, let him know that he shall incur the indignation of onuiipo- 
 tent God and of the blessed Peter and Paul, His apostles. 
 
 Given at Rome, at Saint Peter's, on the sixth day before the Kalends 
 of March, in the second year of our Pontificate. 
 
24 TRANSLATIONS AND REPRINTS. 
 
 3. THE SO-CALLED LAW LICET JURIS, AUG. 8, 1 338. 
 
 From Altmann und Bernheim, Ausgewalilte Urkunden, 2nd Ed., p. 44, 45. Latin, 
 
 The long struggle between Louis of Bavaria and the French popes at Avignon 
 finally aroused the electors, who had a natural interest in asserting their rights, 
 to make a formal declaration of the independence of the Empire from papal control. 
 Upon the resolutions which they drew up at Rhense, (July 16, 1338), a diet, as- 
 sembled at PVankfort, based the declaration given below. 
 
 Although the testimony of both kinds of law^ manifestly proves 
 that the Imperial dignity and power proceeded of old from the Son of 
 God, and that God has clearly given laws to the human race through 
 the emperors and the kings of the world, and that the Emperor is made 
 a true emperor by the simple choice of those to whom his election be- 
 longs, nor needs the conlirmation or approbation of anyone else, since on 
 earth [in terris'] he has, so far as temporal matters are concerned, no 
 superior, but the nations and the peoples are subject to him, and our 
 Lord Jesus Christ Himself commanded to render unto God the things 
 that are God's, and unto Caesar the things that are Caesar's, yet, in 
 spite of these reasons, certain persons, led by the blindness of avarice 
 and ambition, and having no understanding of scripture, but perverting 
 the sense from the true interpretation, resorting to wicked and depraved 
 inventions, attack the Imperial powder and authority, the rights of 
 the Imperial electors and of other princes and of those faithful to the 
 Empire, and falsely declare that the Imperial dignity and power is de- 
 rived from the Pope, and that one who is elected Emperor is not a true 
 emj)eror, or king, unless he be first confirmed, approved and crowned by 
 the Pope, or through the Apostolic See. Since by these perverse assertions 
 and pestiferous teachings, the Old Enemy stirs up strife and discord and 
 breeds contention and seditions: We, therefore, for the purpose of 
 avoiding these evils, with the counsel and approbation of the electors 
 and other ])rinces of the Empire, r?o declare that the Imperial dignity 
 and j)ower is derived immediately from God alone, and that, according to 
 law and the custom of the Empire, approved from of old, after anyone 
 sluill l)e cJKjsen Emj)eror or King l)y the electors of the Empire, either 
 unanimously, or by the greater part of them, he is straightway, from the 
 simple fact of his election, to be considered and entitled true King and 
 Emperor of tlie Romans, and should be obeyed by all subject to the Em- 
 
 ' The Civil aiul tlu- Canon law. 
 
LAW LICET JURIS. 25 
 
 pire. He should, moreover, poj^sess full power in {ulniiniisteriug' the 
 lav\\« of the Empire, and in doing all those things which appertain to a 
 true Emperor, nor does he require the approbation, confirmation, au- 
 thority or consent of the Pope, the Apostolic Bee, or of any one whatso- 
 ever. 
 
 Therefore, by this law, which shall remain in force forever, we es- 
 tablish that he who is elected Emperor, either unanimously or by a ma- 
 jority of the electors, shall be considered and held, in virtue of his sim- 
 ple election, to be the true and legitimate emperor, and should be obeyed 
 by all those subject to the Empire, and that he shall have, and shall be 
 considered and definitely asserted to have, and to hold, the Imperial ad- 
 ministration and jurisdiction and the plenitude of the Imperial power. 
 
 Moreover, whoever shall presume to assert or declare anything 
 contrary to these declarations, provisions and definitions, or any one of 
 them, or shall give their assent to those asserting or saying anything 
 against them, or obey their mandates, letters, or instructions, we deprive 
 from now on, and by the law itself and by their act, we declare 
 to be deprived of all the fiefs which they hold from the Empire, as well 
 as of all the favors, jurisdictions, privileges and innnunities conceded to 
 them by us or our predecessors. Moreover, we claim that they have 
 conniiitted the crime of lese-majesty^ and are subject to all those penal- 
 ties incurred by those committing the crime of lese-majesty. 
 
 Given in our town of Frankfort, on the eighth day of the month of 
 August, in the year of our Lord, 1338. 
 
 IV. THE COUNCIL OF CONSTANCE AND ITS 
 ANTECEDENTS. 
 
 The residence of the popes at Avignon durmg twenty-five years had done 
 much to undermine their prestige. Avignon was so near France that the Enghsh 
 and Germans suspected that the French King controlled the papal policy. Besides the 
 national jealousies, there was an ever increasing burden of papal taxation required to 
 support the splendor and luxury which Petrarch, who lived much at or near Avig- 
 non, describes in the letter given below. The revenue which the popes formerly 
 derived from their Roman possessions had been cut off since their departure from 
 Rome and this served to make financial pressure the more serious. When in 1378 
 Gregory XI. finally re-established the papal court in Rome, the In-ench influence 
 among the cardinals was still so strong that they found excuses for seceding from the 
 
 ' Hiffh treason. 
 
26 TRANSLATIONS AND REPRINTS. 
 
 newly elected successor of Gregory X I, Urban VI, a harsh, fanatical monk. The seced- 
 ing cardinals chose a second pope, Clement VII, on the ground that they had been 
 intimidated in electing the unpopular Urban, and returned again to Avignon. 
 Urban promptly created a new group of cardinals around him and thus the Great 
 Schism began. The death of one of the two popes did not heal the schism, as the 
 cardinals immediately chose a successor in order to justify their claim to be the true 
 elective body. There was thus no solution unless, as many began to assert, a gen- 
 eral council of the church was superior to the pope, and could depose one or both 
 claimants, and so put an end to the scandal of rival successors to Peter. The first 
 council called at Pisa in 1409 only made matters worse, for their deposition of the 
 existing popes was not universally recognized and the choice of anew one only added 
 to the confusion. The council of Constance met in 1414 with three great tasks 
 before it: 1st. , to heal the schism, which was accomplished by the deposition or resigna- 
 tion of the three existing popes and the election of Martin V ; 2d., the suppression of 
 heresy and the trial of Huss ; and 3rd., the reformation of the church, in head 
 and members. The necessity of reform had been emphasized by the confusion of 
 the schism, which not only involved the papacy but extended to the bishoprics and 
 abbeys, where there were frequently two rivals each supported by one of the popes. 
 
 The frank criticism of the church is illustrated by the extracts from Dietrich 
 Vrie and Clemanges given below, both written at the time of the council. 
 
 The decree "Sacrosancta '' is the council's claim to supremacy over the pope 
 and the later decree, ' ' Frequens, ' ' was an attempt to make general councils a reg- 
 ular institution of the church and in that way prevent farther schism and control 
 the papacy. 
 
 The list of abuses which the council decided that the new pope must rectify 
 with the cooperation of the council's deputies, shows us what were considered the 
 most crying evils. The reader will find this subject admirably treated in Creigh- 
 ton's History of the Papacy, vol. I, and in Pastor's Geschichte der Papste, vol. I. 
 
 I. PETRARCH ON THE PAPAL COURT AT AVIGNON. 
 
 Petrarchae Opera Omnia (Basle 1581), Epistolae Sine Titulo V. Uatin. 
 Also, in French, in Develay Petrarque, Lettres sans Titre, Paris, Vol. I, pp. 89 iJ. 
 
 I have a double Parnassus, one in Italy, the other in Frauce, places of 
 refuge, such as they are, for the exiled Muses. I was very happy in my 
 Ausouiau [Italian] HeWcond inn fata Deasque sinebant,i\s that wretched 
 lover says in Virgil (if indeed we can properly call Dido wretched, ratlier 
 than the most virtuous and constant of women.) But now I am living 
 in France, in the i^dhylon of the West. The sun, in its travels sees 
 nothing more hideous than this place on the shores of the wild Rhone, 
 which suggests the hellish streams of Cocytus and Acheron. Here 
 reign the successors of the poor fishermen of Clalilee; they have 
 strangely forgotten their origin. 1 am astounded, as I recall their pre- 
 
THE PAPAL COURT AT AVIGNON. 27 
 
 (lecessors, to see these men loaded with gokl and clad in })ur[)le, })oast- 
 ingofthe spoils of princes and nations; to see luxurious palaces and 
 heights crowned with fortifications, instead of a boat turned downwards 
 for shelter. We no longer find the simple nets which were once used 
 to gain a frugal sustenance from the Lake of Galilee, and with which, 
 having labored all night and caught nothing, they took, at day break, 
 a multitude of fishes, in the name of Jesus. One is stupified nowadays 
 to hear the lying tongues, and to see worthless parchments, turned by a 
 leaden seal, into nets which are used, in Christ's name, but by the arts 
 of Belial, to catch hordes of unwary Christians. These fish, too, are 
 dressed and laid on the burning coals of anxiety before they fill the 
 insatiable maw of their captors. Instead of holy solitude we find a 
 criminal host and crowds of the most infamous satellites: instead of sober- 
 ness, licentious banquets; instead of pious pilgrimages, preternatural 
 and foul sloth; instead of the bare feet of the apostles, the snowy 
 coursers of brigands fly past us, the horses decked in gold and fed on 
 gold, soon to be shod with gold, if the Lord does not check this slavish 
 luxury. In short, we seem to be among the kings of the Persians or 
 Parthiaus, before whom we must fall down and worship, and who can 
 not be approached except presents be offered. O, ye unkempt and 
 emaciated old men, is it for this you labored? Is it for this that you 
 have sown the field of the Lord and watered it with your holy blood? 
 But let us leave the subject. 
 
 Commiserate the cruel fate which holds your friend here. He may 
 merit punishment, but certainly not one like this. Here I am, at a 
 more advanced age, back in the haunts of my childhood, dragged again 
 by fate among the disagreeable surroundings of my early days, when I 
 thought I was freed from them. I have been so depressed and over- 
 come that the heaviness of my soul has passed into bodily afflictions, so 
 that I am really ill and can only give voice to sighs and groans. 
 Although many things offer themselves which I wanted to communicate 
 to you, as both my stomachs are troubling me, ^ you need look for 
 nothing agreeable from me to-day. Sweet water cannot come from a 
 bitter source. Nature has ordered that the sighs of an oppressed heart 
 shall be distasteful, and the words of an injured soul, harsh. 
 
 ^ Perhaps a pun on the Latin stomachus^ which means ill humor as well as 
 stomach. 
 
. 28 TRANSLATIONS AND REPRINTS. 
 
 2. FROM DIETRICH VRIE's HISTORY OF THE COUNCIL OF CONSTANCE. 
 Von der Hardt : Magnum Constantiense Concilium, Vol. I, 104-6. Latin. 
 
 The supreme pontiifs. as I know, are elected through avarice and 
 simony, and likewise the other bishops are ordained for gold. These, 
 in turn, will not ordain those below them, the priests, deacons, sub-dea- 
 cons and acolytes, except a strict agreement be first drawn up. Of this 
 mammon of unrighteousness the bishops, the real rulers, and the chap- 
 ters, each has his part. The once accepted proverb^ "Freely give for 
 freely ye have received," is now most vilely perverted : "Freely I have 
 not received, nor will I freely give, for I have bought my bishopric for 
 a great price, and must indemnify myself impiously for my untoward 
 outlay. I will not ordain you as priest except for money. I purchased 
 the sacrament of ordination when I became a bishop and I propose to 
 sell you the same sacred sign and seal of ordination. By beseeching 
 and by gold, I have gained my office, for beseeching and for gold do I 
 sell you your place. Kefuse the amount I demand and you shall not 
 become a priest." 
 
 If Simon Magus were now alive he might buy with money not only 
 the Holy Ghost, but God the Father, and Me,' the Son of God. But 
 favor is bought from the ungrateful who do not the works of grace, for 
 grace must give freely, but if bought and not given, grace is no longer 
 grace.- But why say more? The bishops who take money for ordina- 
 tion become lepers with Gehasi. Those ordained do, by their bribery, 
 condemn themselves to perdition with Simon Magus, to whom Peter 
 said, "Thy money perish with thee." 
 
 3. EXTRACTS FROM NICOLAS CLEMANGES' "DOWNFALL OF THE 
 
 CHURCH." 
 
 Von der Hardt: Op. cit. Tom. I, Ft. Ill, 7 and ii. Latin. 
 
 Cap. III. On the Three Vice-i which have given rise to all the other ills 
 
 in the Church. 
 
 After the great increase of worldly goods, the virtues of our ances- 
 tors being (juite neglected, boundless avarice and blind ambition in- 
 vaded the hearts of tlie churclimen. As a result, they were carried 
 
 ' This lament is put in the mouth of Christ. 
 
 '■^ The word gratia permits a species of untranslatable pun in the J>atin. 
 
FROM NICHOLAS CLKMAN(;i.:S. 29 
 
 away by the glory of their |)ositiou and the extent of their power and 
 soon gave way to the degrading effects of luxury. Thi-ee most exact- 
 ing and troublesome masters had now^ to be satisfied. Luxury demands 
 sundry gratifications, wine, sleep, banquets, music, debasing sports, cour- 
 tesans and the like. Display requires fine houses, castles, towers, pala- 
 ces, rich and varied furniture, expensive clothes, horses, servants and 
 the pomp of luxury. Lastly is Avarice which carefully brought to- 
 gether vast treasures to supply the demands of the above mentioned 
 vices or, if these were otherwise provided for, to gratify the eye by the 
 vain contemplation of the coins themselves. 
 
 So insatiable are these lords, and so imperious in their demands, 
 that the Golden Age of Saturn, which we hear of in stories, should it 
 now return, would hardly suffice to meet the demands. Since it is im- 
 possible, however rich the bishop and ample his revenue, to satisfy 
 these rapacious harpies with that alone, he must cast about for other 
 sources of income. 
 
 Chap. IX. The Institution of Collectors and the Ills they bring ivith them. 
 
 For carrying on these exactions and gathering the gains into the 
 camera or Charybdis, as we may better call it, the popes appoint their 
 collectors in every province, those, namely, whom they know to be most 
 skillful in extracting money, owing to peculiar energy, diligence or 
 harshness of temper, those in short who will neither spare nor except but 
 would squeeze gold from a stone. To these the popes grant, moreover, 
 the power of anathematizing anyone, even prelates, and of expelling from 
 the communion of the faithful, everyone who does not, within a fixed pe- 
 riod, satisfy their demands for money. What ills these collectors have 
 caused, and the extent to which poor churches and people have been op- 
 pressed, are questions best omitted, as we could never hope to do the 
 matter justice. From this source come the laments of the unhappy 
 ministers of the church, which reach our ears, as they faint under the 
 insupportable yoke, yea, perish of hunger. Hence come suspensions 
 from divine service, inderdicts from entering' a church, and anathemas, 
 a thousand fold intensified in severity. Such things were resorted to in 
 the rarest instances by the fathers, and then only for the most horrible 
 of crimes ; for by these penalties, a man is separated from the conqjan- 
 ionship of the faithful and turned over to Satan. But now-a-days, these 
 inflictions are so fallen in esteem, that thev are used for the lio;htest of- 
 
30 TRANSLATIONS AND REPRINTS. 
 
 fence, often for no offense at all, so they no longer bring terror, but are 
 objects of contempt. 
 
 To the same cause, is to be ascribed the ruin of numerous churches 
 and monasteries and the levelling with the ground, in so many places, of 
 sacred edifices, while the money which used to go for their restoration, is 
 exhausted in paying these taxes. But it even happens, as some well 
 know, that holy relics in not a few churches, crosses, chalices, feretories 
 and other precious articles go to make up this tribute. 
 
 Who does not know how many abbots and other prelates, 
 when they come to die, are, if they prove obnoxious to the papal cam- 
 era on account of their poverty, refused a digtiified funeral and even denied 
 burial, except, perchance, in some field or garden or profane spot, where 
 they are secretly disposed of. Priests, as we all can see, are forced by 
 reason of their scanty means of support, to desert their parishes and their 
 benefices and, in their hunger, seek their bread where they may, performing 
 profane services for laymen. Some rich and hitherto prosperous churches 
 have, indeed, been able to support this burden, but all are now exhausted 
 and can no longer bear to be cheated of their revenue. 
 
 4. (a) DECREE "SACROSANCTA " OF APRIL 6, I415. 
 Von der Hardt: Op. cit, Tom. IV, 98. Latin. 
 
 In the name of the Holy and indivisible Trinity ; of the Father, 
 Son, and Holy Ghost. Amen. 
 
 This holy synod of Constance, forming a general council for the 
 extirpation of the present schism and the union and reformation, in head 
 and members, of the church of God, legitimately assend:)led in the Holy 
 Ghost, to the praise of Omnipotent God, in order that it may the more 
 easily, safely, effectively and freely bring about the union and reforma- 
 tion of the church of God, hereby determines, decrees, ordains and de- 
 clares what follows : — 
 
 It first declares that this same council, legitimately assend:>led in 
 the Holy Ghost, forming a general council and representing the Catho- 
 lic Church militant, has its power immediately from Christ, and every- 
 one, whatever his state or position, even if it l)e the Papal dignity it- 
 self, is bound to obey it in all those things which ])ertain to the faith and 
 the healing of the said schism, and to the general reformation of the 
 Church of God, in head and mendiers. 
 
 It further de(;lares that anyone, whatever his condition, station or 
 
DECREE "FREQUENS. 3 1 
 
 rank, even if it be the Papal, who shall contumaciously refuse to obey 
 the mandates, decrees, ordinances or instructions which have been, or 
 shall be issued by this holy council, or by any other general council, 
 legitimately summoned, which concern, or in any way relate to the 
 above mentioned objects, shall, unless he repudiate his conduct, be sub- 
 jected to condign penance and be suitably punished, having recourse, if 
 necessary, to the other resources of the law.^ 
 
 (b) THE DECREE "FREQUENS." OF OCT. 9, I417. 
 
 Von der Hardt: Op. cit. Tom. IV, 1436. Latin. 
 
 A frequent celebration of general councils is an especial means 
 for cultivating the field of the Lord and effecting the destruction of 
 briars, thorns, and thistles, to-wit, heresies, errors and schism, and of bring- 
 ing forth a most abundant harvest. The neglect to summon these, 
 fosters and develops all these evils, as may be plainly seen from a recollec- 
 tion of the past and a consideration of existing conditions. Therefore, 
 by a perpetual edict, we sanction, decree, establish and ordain that gen- 
 eral councils shall be celebrated in the following manner, so that the 
 next one shall follow the close of this present council at the end of five 
 years. The second shall follow the close of that, at the end of seven 
 years and councils shall thereafter be celebrated every ten years in such 
 places as the Pope shall be required to designate and assign, with the 
 consent and approbation of the council, one month before the close of 
 the council in question, or which, in his absence, the council itself shall 
 designate. Thus, with a certain continuity, a council will always be 
 either in session, or be expected at the expiration of a definite time. 
 This term may, however, be shortened on account of emergencies, by 
 the supreme Pontiff, with the counsel of his brothers, the cardinals of 
 the Holy Roman Church, but it may not be hereafter lengthened. The 
 place, moreover, designated for the future council may not be altered 
 without evident necessity. If, however, some complication shall arise, 
 in view of which such a change shall seem necessary, as, for example, a 
 state of siege, a war, a pest, or other obstacles, it shall be permissible for 
 
 1 The rest of the decree relates to John XXIII, who, it is asserted, enjoyed 
 full liberty at Constance and must not induce the members of the Curia to follow 
 him. 
 
32 TRANSLATIONS AND REPRINTS. 
 
 the Supreme Pontiff, with the cousent and subscription of his snid 
 brethren or two-thirds of them {diiarum partium) to select another appropri- 
 ate place near the first, wdiich must be within the same country, unless such 
 obstacles, or similar ones, shall exist throughout the whole nation. In 
 that case, the council may be summoned to some appropriate neighbor- 
 ing place, w^ithin the bounds of another nation. To this the prelates, 
 and others, who are wont to be summoned to a council, must betake 
 themselves, as if that place had been designated from the first Such 
 change of place, or shortening of the period, the Supreme Pontiff is re- 
 quired legitimately and solemnly to publish and announce one year be- 
 fore the expiration of the term fixed, that the said persons may be able 
 to come together, for the celebration of the council, within the term 
 specified.^ 
 
 5. LIST OF ABUSES DEMANDING REFORM, DRAWN UP BY THE 
 
 COUNCIL OF CONSTANCE. (OCT. 30, 1517-) 
 
 Von der Hardt: Op. cit. vol. IV, 1452. Latin. 
 
 The holy council of Constance decrees and ordains that the Su- 
 preme Pontiff who shall next, by the grace of God, assume office, shall, in 
 conjunction with this holy council, or with the deputies of the several 
 nations, reform the church, before the council dissolves, in head and 
 members, as w^ell as the Roman curia, in accordance wdth justice and the 
 proper organization of the church, in all the respects enumerated be- 
 low, and which are presented by the nations as requiring reform : 
 . The number, character and nationality of the Lords Cardinals. 
 
 The Reservations made by the Apostolic See. 
 
 The Annates both the servitia communia and servitia mimitaJ 
 
 The Collation to Benefices and Expectative Favors. 
 
 What cases are to be brought before the Roman Curia and what 
 
 'fc>^ 
 
 not. 
 
 Appeals to the Roman Curia. 
 
 The functions of the [Papal] Chancery and Poenitentiary. 
 
 Exemptions and Incorporations made during the Schism. 
 
 ' The succeeding paragraphs of the decree relate to various methods for pre- 
 venting futurt; scliism and to an oath to Ije taken by the Pope on his election. 
 
 - Of the Annates, a portion, the servitia connnunia, went to the Pope and Cardi- 
 nals, while the servitia minuta fell to the lower officials of the chancery. 
 
HIHLIOGRAl'lIY. 33 
 
 Beiiefices in Commendam. 
 
 Conlirniatioii of Elections. 
 
 Income during Vacancies. 
 
 Tlie non-alienation of the possessions of the Roman Church or 
 other churches. 
 
 For what reasons and in what manner shall a Pope be corrected 
 or deposed. 
 
 The Extirpation of Heresy. 
 
 Dispensations. 
 
 The means of support of Pope and Cardinals. 
 
 Indulgences. 
 
 Tenths. 
 
 When the above mentioned deputies shall have been appointed by 
 the nations,'' it shall be free to the others, with the permission of the 
 Pope, to return home. 
 
 INTRODUCTORY BIBLIOGRAPHY. ' 
 
 Milman : History of Latin Christianity. (Various editions.) Books XI-XII. 
 
 This is, perhaps, the best general accovmt of the church in the 13th and 14th 
 centuries for one who reads only English. It must, however, be supplemented by 
 Mr. Henry C. Lea's researches. 
 
 Lea, Henry C: A History of the Inquisition in the Middle Ages. 3 vols. 
 Harpers. 
 
 This is probably the most scholarly work upon a considerable scale which has 
 ever been produced in the field of history in the United States. Supplemented by the 
 History of Confession and Indulgences (3 vols.; Lea Bros., 1896), it forms an indis- 
 pensable source for the student of the Mediaeval church. The work treats not only 
 the Inquisitorial process, but deals with the spirit of the institution, the conception 
 ofheresy and its treatment in relation to the jurisprudence of the time. The work 
 lorms, in short, a negative history of the movement of reform before 1500, depict- 
 ing the methods of the church for checking revolt and innovation and describing 
 the causes cell-bres of the Templars, Huss and Joan of Arc. 
 
 ^The council, like the universities of the time, was divided into A^ations, which 
 served some of the purposes of committees. 
 
 '^ It is possible to mention only a fev/ of the most important and accessible of the 
 works relating to the church in the centuries immediately preceding the Protestant 
 Reformation ; but the student will find an abundance of references in the works 
 indicated, which will carry him farther. Unfortunately, no important historical sub- 
 ject is more neglected in most of our libraries. 
 
34 TRANSLATIONS AND REPRINTS. 
 
 As Quintilian says of the young orator, who is to gauge his progress l)y an in- 
 creasing veneration for Cicero, so the student of history may mark his advance l)y 
 an ever growing appreciation of the untiring labors of Mr. Lea and a constantly in- 
 creasing desire to follow him to the unsophisticated records of a period long 
 before the Protestant Schism had divided Europe into two bitterly hostile camps, 
 neither of which could understand the other, or themselves, 
 
 Creighton, Mandel : (Now Bishop of London). A History of the Papacy during 
 the Period of the Reformation. Longmans, Green & Co., 1882 ff. 
 
 Vols. I-IV. deal with the period from the opening of the Great Schism, (1378) to 
 15 17 and form, with the excellent bibliographical notes at the close of each vol- 
 ume, a work of first rate miportance for the period. 
 
 Pastor, Ludwig : Geschichte der Papste seit dem Ausgang des Mittelalters 
 
 2nd Ed. Freiburg, 1891 fif. Appearing also in an English translation. 
 
 This is the most recent and most scientific treatment of the subject from a 
 Catholic standpoint. It opens a little later than Creighton's work, dealing onlv 
 superficially with the Great Schism, or even with the Council of Constance, 'lire 
 author has freely utilized the recently opened Vatican archives. Elaborate lists of 
 the works cited are prefaced to each volume and will prove of great assistance to 
 the student. 
 
 Hefele, Carl Joseph von : Conciliengeschichte fortgesetzt von Cardinal 
 
 Hergenrother. Freiburg 2nd Ed. 1889 ff. Especially vols. VI-VIII. 
 
 Also, from the Catholic standpoint. Vol. VII on the Councils of Constance and 
 Basle has not yet appeared in the second edition. 
 
 Poole, Reginald L.: Illustrations of the History of Mediaeval Thought. Wil- 
 liams and Norgate, London, 1884. 
 
 An excellent discussion of the views of several of the most interesting writers of 
 the 13th and 14th centuries. It relates, especially, to political thought and furnishes 
 the reader with the necessary references for this subject. 
 
 Translations and Reprints, Vol. H, No. 4 : Monastic Tales of the XIII Cen- 
 tury. 
 
 Here the reader will find some specimens of a literature which tells us more of 
 the religion oi' the people than can be derived from any other source, llie note, 
 page 2, gives the most accessible collections of these stories.