The recovery of the Holy Land 7d278t288

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The Recovery of the Holy Land

NUMBER LI OF THE RECORDS OF CIVILIZATION, SOURCES AND STUDIES

Austin P, Evans, Editor

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PIERRE DUBOIS

The Recovery of the Holy Land Translated with an Introduction and Notes by

WALTHER I.BRANDT

COLUMBIA UNIVERSITY PRESS New York 1956

_ PRINTED IN THE NETHERLANDS }

Library of Congress Catalog Card Number: 53-10013 | PUBLISHED IN GREAT BRITAIN, CANADA, INDIA, AND PAKISTAN

BY GEOFFREY CUMBERLEGE, OXFORD UNIVERSITY PRESS , LONDON, TORONTO, BOMBAY, AND KARACHI

RECORDS OF CIVILIZATION, SOURCES AND STUDIES EDITED UNDER THE AUSPICES OF THE DEPARTMENT OF HISTORY, COLUMBIA UNIVERSITY

Editor AusTIn P. Evans, Pu. D., PROFESSOR EMERITUS OF HISTORY

Advisory Board SALO BARON, D.H.L., PROFESSOR OF JEWISH HISTORY, LITERATURE, AND

INSTITUTIONS ON THE MILLER FOUNDATION; DIRECTOR OF THE CENTER OF ISRAELI STUDIES

Dino BIGONGIARI, DA PONTE PROFESSOR EMERITUS OF ITALIAN

CARLTON J. H. HAYES, LITT.D., SETH LOW PROFESSOR EMERITUS OF HISTORY

GILBERT HIGHET, M.A., ANTHON PROFESSOR OF THE LATIN LANGUAGE AND LITERATURE

Pau. O. KRISTELLER, PH.D., ASSOCIATE PROFESSOR OF PHILOSOPHY RoGER SHERMAN LOOMIS, LITT.D., PROFESSOR OF ENGLISH

RoBERT Morrison MAcIVER, LITT.D., LIEBER PROFESSOR EMERITUS OF POLITICAL PHILOSOPHY AND SOCIOLOGY

Joun Tuomas McNEILL, D.D., AUBURN PROFESSOR OF CHURCH HISTORY IN UNION THEOLOGICAL SEMINARY

GARRETT MATTINGLY, PH.D., PROFESSOR OF HISTORY

LAawTon P. G. PECKHAM, PH.D., PROFESSOR OF FRENCH

JAmes T.. SHOTWELL, LL.D., BRYCE PROFESSOR EMERITUS OF THE HISTORY OF INTERNATIONAL RELATIONS

Lynn THORNDIKE, L.H.D., PROFESSOR EMERITUS OF HISTORY

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To Elste

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Preface MY ATTENTION was first called to Dubois a good many years ago during a course of lectures on the Renaissance by Dean George C. Sellery at the University of Wisconsin. For years I toyed with the

idea of preparing a translation of his chief work, and at intervals made tentative efforts in that direction, only to be repeatedly discouraged by the difficulty of turning Dubois’ involved Latin sentences into intelligible English. It is owing to persistent needling by

Prof. Austin P. Evans, the editor of this series, that the task has finally been completed. Tentative drafts of the translation were read in part by Professors Lynn Thorndike and the late Louis J. Paetow, from both of whom I received helpful criticism and useful suggestions. As the translation approached its final form, Professor Dino

Bigongiari helped greatly in clearing up the meaning of several doubtful passages and encouraged me to attempt the identification of the numerous quotations from Aristotle and civil and canon law, a task which earlier students and editors of Dubois had declined.

I wish to express my gratitude to the Vatican Library and the Bibliothéque nationale for furnishing me with photostats of the manuscripts of Dubois’ two major treatises and to the library of Harvard University for the loan of certain volumes otherwise inaccessible. I also wish to acknowledge the helpful cooperation of the members of the library staff at City College, who arranged for these

loans. My greatest debt is to Professor Evans, whose meticulous editorial supervision has spared me from numerous errors of omission

and commission. I have at times ventured to disregard the suggestions of those who have so kindly assisted me, and any errors of translation are my own responsibility. WALTHER I. BRANDT

New York City

June 14, 1955

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Contents INTRODUCTION

Biographical Sketch of Pierre Dubois 3

The Appeal to Public Opinion 10

Historical Background 14. The Dispute with Boniface VIII 19

The Affair of the Templars 28 Ideas in The Recovery of the Holy Land 37

A Critical Estimate of Dubois 43 Precedents for Dubois’ ideas 50

The Significance of Dubois 62 The Manuscript and Editions of The Recovery of the Holy Land 63 TEXT

The Recovery of the Land: Part I 69 The Recovery of the Holy Land: Part II 167

Appendix 199 LIST OF WORKS CITED

I. The Writings of Pierre Dubois QUI II. Works on Dubois and His Times 216

Index 241

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Summary Chapter Titles of The Recovery of The Holy Land PART I Salutation; 1. Edward expects to rescue the Holy Land (69); 2. Activity of demons in the Holy Land (70); 3. General council to set

up a plan for universal justice (74); 4. Exile of warmakers to the

Holy Land (75); 5. Economic pressure on warmakers (75); 6. Josephus’ account of the destruction of Jerusalem (77); 7. Indulgence for warriors in the Holy Land (77); 8. Fear of exile and punishment will deter warmakers (77); 9. A peaceful Europe will provide warriors (78) ; 10. Italian states will check each other (78) ; 11. Confiscation of the property of Italian states (78); 12. Arbitration of disputes between sovereign powers (78); 13. Proposed settle-

ment for the Holy Roman Empire (80); 14. Unification of the military orders (81); 15. Confiscation of the property of military orders (82); 16. Organization of the crusading army (83) 17. Permanent garrisons for the Holy Land (84); 18. Colonization of the Holy Land (84); 19. War leaders for the garrisons (84); 20. Method of occupying the Holy Land (84); 21. Exiles to be in the forefront of battle (85); 22. Large cities opened to all for settlement (85); 23. Garrisons for each city (85); 24. Garrisons to be furnished by each city (85); 25. Tatar customs (85); 26. Land and sea routes to the Holy Land (86); 27. The evil of war (88); 28. Obstacles to peace must be removed (89); 29. Prelates need reform (90); 30. Illicit wealth of monks (92); 31. Negligence of abbots and corruption in priories (92); 32. Priories give opportunity for evil living (93); 33. Popes foment wars and spend much on them (93); 34. Simony and pluralism among the clergy (93); 35. Corruption among the cardinals caused by insufficient income (94); 36. Corrupt prelates give

XIV Summary Chapter Titles a bad example (95); 37. The Church is scandalized by corrupt prelates (98); 38. Corrupt rulers and prelates are a divine punishment (98); 39. King Edward should seek papal aid for reform (99); 40. Confiscation of the Patrimony of St. Peter (100); 41. Financial provisions for the pope and prelates (101) ; 41. Expedients for financing the Holy Land (102); 43. Tax on all beneficed clergy (102); 44. Other sources of income (102); 45. Confiscation of prelates’ patrimonies (102); 46. A reformed and united Christendom will seek one goal (103) ; 4.7. Proofof the desirability of the proposed reforms (104); 48. Prelates’ excuses anticipated and answered (105); 49. When good laws work injustice exceptions should be made (109); 50. Reform of

the regular clergy (110); 51. Secular authorities should enforce reforms (110); 52. Why secular princes cannot give up their temporalities (111); 53. Why secular princes must be administrators (112); 54. Monks should return to their monasteries (112); 55. Consolidation of nonconventual priories (112); 56. Reorganization of monasteries (112); 57. Surplus monastic property to be applied to the Holy Land (113); 58. Shortage of trained physicians (114); 59. Administrators need to know languages (114); 60. Property of military orders to be used for schools (117); 61. Course of study in schools (118) ; 62. Advanced studies (120); 63. The world should be

united in a federation (120); 64. The miraculous gift of tongues (122); 65. The pope should adopt this plan of education (123); 66.

Daily Mass in the schools (123); 67. Economic advantages of Dubois’ proposals (123); 68. Further economic advantages (124); 69. Trained girls might marry easterners (124); 70. Trained scholars will insure Christian domination (124); 71. Recommended textbooks (125); 72. Scientific studies (128); 73. The moral sciences (129); 74. Course of study for preachers and lawyers (130) ; 75. Ob-

jections to the law curriculum stated and answered (131); 76. Accelerated program of legal studies (131); 77. Regular clergy know

only canon law (133); 78. Prelates should know both active and contemplative life (133); 79. Science and mathematics (133); 80. Practical experience necessary in education (134); 81. Accelerated program will permit acquiring experience (135); 82. Suggestions for improvement invited (135); 83. The physically weak may become teachers (136); 84. The importance of handicrafts (136); 85. Course of study for girls (138); 86. Course of study for girls who

Summary Chapter Titles XV marry easterners (139); 87. Training in pharmacy for boys (140); 88. Training in preaching for prospective clergymen (140); 89. Experience in law practice is gained slowly (140); 90. A unified system of jurisprudence for the Holy Land (140); 91. The plaintiff’s plea (142); 92. The plaintiff’s statement of facts (143) ; 93. Pleas and

rebuttals (143); 94. Pleas to be reduced to writing (144); 95. permanent record to be kept (144); 96. Practical use of such records in the study of law (145); 97. Objections to the new system stated and answered (145); 98. Advantages of the use of written pleas (148); 99. The new system should be set up in the Holy Land (148); 100. Dubois offers to organize the new system (149); 101. An oath-

bound league of peace (150); 102. Nunneries to be restricted and used as girls’ schools (150) ; 103. The succession in Castile (154); 104.

Strategy for the attack on the Saracens (156); 105. Christian control

of the Mediterranean (156); 106. Edward and the pope should cooperate (157); 107. Financing and organizing the crusading

armies (158); 108. Administration of the Holy Land and reform of the Church (159); 109. The pope’s duty to reform the Church (161).

PART II 110. Edward should transmit these suggestions to the pope (167); 111. Advantages to France of the proposed plan (167); 112. The pope will probably remain in France (171); 113. The kingdom of

Sicily (171); 114. A hereditary king for Germany (172); 115. Charles of Valois to take Constantinople (172); 116. The French king will dominate Europe (172); 117. A united Christendom will

attack Palestine (175); 118. The French king should remain at home (177); 119. The king has important duties at home (180); 120. The king should remain at home to beget sons (182); 121. Criticism of the French military system (183); 122. Methods to be used in a national emergency (183); 123. When the levée en masse is justified (184); 124. Difficulty of judging national necessity (185) ; 125. Methods of dealing with a national emergency (186); 126. The king’s duty to defend his realm (186); 127. Feudal obligations of his

new dominions (187); 128. Feudal obligations are being evaded (187); 129. The king has been misled by his advisers (188); 130. The proper method of exacting military service (188); 131. The

XV1 Summary Chapter Titles ample feudal resources of the French king (189); 132. Objections based on precedent are invalid (189); 133. Mankind is growing worse (190); 134. Evils of neglecting to enforce military service (190) ; 135. Debasement of the coinage (191); 136. Royal counsellors have accepted bribes (192); 137. The king should recompense those

whom he has injured (194); 138. Such recompense might be devoted to the Holy Land (195); 139. France provides the best environment for royalty (196); 140. The king should not campaign

in person (196); 141. The king could not endure the rigors of a campaign (197); 142. Selection of routes for the army (197).

APPENDIX 1. A kingdom for Philip’s second son (199); 2. The kingdoms of Acre and Egypt (199); 3. Unification of the military orders (200) ; 4. Sea power in the war on the Saracens (201); 5. Destruction of the

| Templar Order is urged (201) ; 6. Financial measures for the crusade (201); 7. Egypt may readily be conquered (202); 8. The king’s son will not be harmed (203); 9. Duty of the king to beget sons (2093);

1o. Summary of the advantages of the proposed plan (204); 11. Role of the king of Cyprus; wickedness of the Templars and of

Boniface (205). | |

Introduction

Note on References OF DUBOIS’ two major treatises, the De recuperatione Terre Sancte

is referred to in the footnotes and Introduction by the chapters (or paragraphs) originally numbered in Langlois’ edition. As the chapters are usually short, it has seemed unnecessary to add a page reference. The earlier treatise, Summaria breois et compendtosa doctrina felicis expedicionts et abreniacionis guerrarum ac litium regni Francorum, is

consistently cited by Langlois under the title De abreviatione; I have

followed Hellmut Kampf’s example by citing it as the Summarta. _ Citations are both to manuscript folio and to pages in the definitive edition by Kampf, since much was written about Dubois before the appearance of the latter work in 1936. Dubois’ shorter pamphlets

are cited by title only; editions are listed in the bibliography of _ Dubois’ writings. Because Dubois quoted the Vulgate, his scriptural

quotations are translated in conformity with the Douay Version rather than with the more familiar King James Version. Citations of Aristotle’s works conform to the Bekker edition, being to book, chapter, page, and line. References to the Corpus juris canonici follow

the generally accepted method of citing canon law; the numbers in parentheses refer to volume and column in Friedberg’s edition as reprinted in 1928. With one exception, all citations of Rashdall’s Universities are to the 1936 edition by Powicke and Emden. Facts of publication of other titles cited in the footnotes will be found in the Bibliography. In the case of a few scarce items I have indicated the location of copies used by me.

Int 1 ntroduction BIOGRAPHICAL SKETCH OF PIERRE DUBOIS

OUR INFORMATION on the life and career of Pierre Dubois is very scanty. He left us no volume of correspondence, official or personal, as did Piero della Vigna, secretary and adviser to Frederick IT. Never a member of the official family of King Philip the Fair,

he remains almost without mention in the body of archive material

which enabled Holtzmann to publish his volume on William of Nogaret.1 His numerous pamphlets were published anonymously for the most part; among the several productions from his pen which

have been preserved to us, his name appears as the acknowledged author in but a single one. The few scattered notices of his activity appearing in official records have been so thoroughly sifted by C. V. Langlois that there is little likelihood of further significant material being uncovered. We must therefore supplement these bits of information by what he tells us of himself in his pamphlets and by what may reasonably be inferred from incidental statements made therein. That he was born in north France, probably at or near Coutances in Normandy, is evident from his literary style, his acquaintance with prominent individuals from that area, such as Henri de Rie,

viscount of Caen,? and Richard Leneveu, and the fact that his fellow citizens of Goutances twice expressed their confidence in him by selecting him to represent them in the Estates General. ‘That he was of bourgeois ancestry is indicated by his choice of a profession and by the absence of any hint in his writings that he was of noble or peasant birth. He tells us that during his student days at Paris he

listened to lectures by Thomas Aquinas and Siger de Brabant. 1 Wilhelm von Nogaret: Rat und Grosssiegelbewahrer Philipps des Schénen von Frankretch (Frei-

ie his eoclier treatise, the Summaria (fol. 200; Kampf, p. 34), Dubois remarks: ‘If anyone should object and seek to inquire about the usurpation, hindrance, disturbance, and impairment of the royal jurisdiction, and how to learn where, by whom, and in

what matters action has been taken contrary to the royal jurisdiction and power, I answer this: that it can be done in Normandy, and that specific instances can be cited in which the royal jurisdiction is commonly hindered, usurped, and sustains impairment. [Such instances can be cited] by master Henri de Rie, viscount of Caen, and by

the author of this little book.’

4 Introduction Thomas was lecturing at Paris, 1269- 1272; Siger, ca. 1266- ca. 1276; we may therefore place the date of his birth between 1250 and 1255.

The University of Paris was organized by nations, and Dubois probably during his student days formed an acquaintance with those fellow Normans who later became his friends at court. His knowledge of Roman civil law indicates that he must have studied this at some place other than Paris, possibly Orleans, since Paris had no adequate law faculty. © We may suppose that after completing his studies he began the practice of his profession at Coutances. The next established episode in his career is the disaster which befell Philip III on his expedition against Aragon in 1285, the king dying of disease during the retreat. ~ Dubois was now sufficiently mature and experienced to ponder on

public affairs; the episode evidently made a deep impression on him.? His friendship with Henri de Rie and others prominent at the

court of Philip IV affords an explanation for his knowledge of affairs of state. For the next fifteen years, during which he became quite wealthy and attained to the post of royal advocate in his native district, he brooded over conditions in the monarchy.‘ The fruit of these musings was his maiden effort to gain public attention for his reform ideas: a pamphlet directed in 1300 to Philip IV under the bombastic title, A Brief Summary and Concise Plan for the Happy Expediting and Shortening of the Wars and Litigation of the King of the 3 In the Summaria (fol. 30; Kampf, p. 6) he remarks: “The writer of this work has undertaken the task after considering the above matters and other subjects which he began to ponder over after the return from Aragon (a reditu Aragonie). After investigating the manner of proceeding thither—not without great grief of heart because of the affection and love he bore toward the prince, our [sic] most noble progenitor of illustrious memory [Philip III]—...he would attribute to his royal majesty the fortitude to deliberate more fully and to carry out the project with perseverance.’ The phrase a reditu Aragonie is not evidence that Dubois participated in the expedition; neither would he be likely to speak of ‘investigating the manner of proceeding thither’ if he had been a participant. He was merely commenting on a matter of general knowledge. 4 In the Summaria (fol. 3v; Kampf, p. 6) he ventured to warn Philip: ‘In the ancient laws of the Greeks it was written by the Philosopher, master and teacher of King Alexander, that any prince who rules for his own benefit ought not to be called a prince but a tyrant. Therefore the king ought not to seek what is for his own benefit but for what will benefit the commonwealth; otherwise he would be said not to reign but to tyrannize.’ Yet he would preserve and enhance the royal power (fol. 147; Kampf, p. 24): “How and in what way one may provide general assistance in this matter has long been pondered by the experienced royal advocate who has composed this treatise. Through long experience he has arrived at the means set forth above, by which it appears probable that throughout the whole kingdom such frauds and diminution of the royal power and itsemolument may generally be avoided.’

Introduction 5 French.’ There is no evidence that his suggestions in any way influenced the royal policies. Whatever reception was accorded the pamphlet of 1300 (it exists today in a unique fifteenth-century manuscript), his appetite for publicity had been whetted. The outbreak of the struggle between Philip and Boniface VIII gave him an opportunity. On the day before the official publication of the bull Ausculia fili,6 he sent to his friend at Paris, Richard Leneveu, a brief pamphlet entitled Incontrovertible Arguments (Raciones inconvineibiles). ‘This pamphlet is

no longer extant; we know its contents only through a brief summary by Dubois himself in the Recovery of the Holy Land (chap. 111). There is no evidence that it ever reached the king. On February 15, 1302, Philip issued a summons for the convocation of the estates, the first Estates General of which we have any authentic record. Its national character was assured by including for the first time rep-

resentatives of the third estate, among whom was the ambitious Norman lawyer, Pierre Dubois, chosen to represent his home town, Coutances.

Some shrewd mind in Philip’s entourage drew up a condensed version of the Ausculta fili with the incipit Deum time, couched in terms insulting to Philip, and setting forth the papal claim in language far more vigorous than the original.” Dubois, seizing upon a particularly obnoxious phrase in the forgery, quickly penned a reply, A Consideration of Measures to Be Adopted (Deliberatio... super

agendis). We have no evidence that this tract was circulated among the estates; that it eventually came to the court’s attention is proved 5 The Summaria cited above. See the bibliography for a précis of its content and for other details regarding it. 6 There is some mystery attached to the publication in France of Ausculta fii. It was brought to France, with other papal letters, by the archdeacon of Narbonne, Jacques des

Normands, who was authorized to publish the bull where and when he thought it advisable. ‘The bull was presented to Philip in the presence of some of his counsellors on February 10, 1302. While it was being read, we are told, one of the counsellors snatched

it from the reader’s hands and threw it into the fire (P. Dupuy, Histoire du différend d’entre le Pape Boniface VIII et Philippes [sic] le Bel [Paris, 1655], ‘Preuves,’ p. 59). The sup-

porting document cited by Dupuy was vaguely identified by him as having been found ‘in an old manuscript.’ Félix Rocquain intimated that Dupuy had invented the tale (‘Philippe le Bel et la bulle Ausculta fili,’ Bibliotheque de l’Ecole des charies, XLIV [1883],

393-418). The disputed document has been shown to be a note written about 1310 on the margin of the Chronicon S. Martialis Lemovicensis anonymum (G. A. L. Digard, Philippe le Bel et le Saint-Siége de 1285 a 1304 [2 vols.; Paris, 1936], II, 95, n. 2). The marginal note is printed in Recueil des historiens des Gaules et de la France, ed. Bouquet, XXI, 812, n. 5. 7 Text of the Deum time in Dupuy, Histoire du différend, ‘Preuves,’ p. 44.

6 - Introduction | by the fact that it is found, together with certain other pamphlets by Dubois, in a collection of contemporary polemics transcribed for the royal archives by direction of Pierre d’Etampes, keeper of the

archives from 1307 to 1324.8 | ,

We know nothing of Dubois’ activities as a member of the assembly. By this time he was ‘advocate of royal cases in the bailliage

of Coutances and attorney for the community of that district,’ and

it is reasonable to suppose that he had a part in stirring up the members of his estate to adopt resolutions favoring the royal cause.

Contributory evidence is the appearance in 1304 of still another pamphlet, this time in the vernacular: Prayer of the People of France to the King Against Pope Boniface VIII (La Supplication du pueuble de France au roy contre le pape Boniface le VIII); his use of the popular tongue indicates an effort to appeal specifically to the third estate. The adjournment of the Estates General did not put a stop to his activities. In the Recovery (chap. 117) Dubois states that in January, 1304, he entrusted to Jean de la Forét a tract entitled On the Shortening of Wars and Tactics Therefor (Super abreviatione guerrarum et hujus-

modt provistonibus), which was to be submitted to Philip while that monarch was at Toulouse. It contained a proposal for the conquest of the Greek Empire by Charles of Valois, with the assistance of the

French king, and a detailed plan for the military policy to be fol-

the Summaria of 1300.9 | |

lowed. This tract of 1304 has been lost; it was probably a revision of

His chief work, The Recovery of the Holy Land, was written at some

time between the consecration of Clement V and the death of Edward I. Clement was crowned pope at Lyons on June 5, 1305; Edward died on July 7, 1307. We will therefore not be far wrong in assigning the composition of the Recovery to the year 1306. In the foreword, addressed to Edward I, the author describes himself as ‘a humble advocate for his [Edward’s] ecclesiastical cases in that duchy [Aquitaine].’ The apparent contradiction between his position as royal advocate for Philip and service in behalf of Edward, so recently the bitter enemy of Philip, presents no great difficulty. Edward, as duke of Aquitaine, was Philip’s vassal. No doubt at some 8 This unique manuscript, a microfilm of which is in my possession, is the MS Latin 10919 in the Bibliothéque nationale. It includes six of Dubois’ lesser tracts.

® See p. 176, n. 26. | |

Introduction 7 time after peace had been established between Edward and Philip in 1299, Dubois had acted as counsel for Edward in some of the numerous cases which involved a conflict between the secular and ecclesiastical jurisdictions in Aquitaine. His employment by Edward was probably very occasional; C. V. Langlois has examined minutely the archives of the Gascon domains of Edward I without finding

any mention of Dubois as a royal functionary in Aquitaine. Such double service was by no means unique; other lawyers of that day, such as Guillaume du Breuil, performed similar functions. After the appearance of the Recovery our pamphleteer’s pen, so far

as we know, remained inactive for two years. Apparently he was back in Normandy, practicing his profession and looking out for the interests of his home community. He is mentioned in royal

letters of May, 1307," by which Philip, at the request of Pierre Dubois, his royal advocate in the bailliage of Coutances, remits certain dues owed by a chapter in that town. Renan sought to identify him with the ‘Petrus de Bosco’ mentioned under date of February 13, 1307, on the wax tablets of the royal accounts as having procured lodgings for the royal party during Philip’s visit to Normandy.!2 This is very doubtful; a man of Dubois’ standing at that time would scarcely have been called upon to act in so humble a capacity.

The attack on the Templars offered him a new opportunity. Together with one Fressent, he was again chosen to represent his district in the Estates General at Tours in 1308. His certificate of election! describes him as ‘advocate for royal ecclesiastical cases in the bailliage of Coutances.’ In that year he produced five tracts. Two were brief attacks on the Templars, one being in the vernacular. The third was a new edition of the Recovery, now lost, which

was presented to the king at Chinon on May 23, 1308, after the assembly had adjourned. We know of it through allusions made by Dubois in later pamphlets. In form it was addressed to the pope, just as the original version of the Recovery had been addressed to 10 See P. Fournier, ‘Guillaume du Breuil, juriste,’ in Histoire littéraire, XX XVII (1938), Larch, nat., JJ 38, No. 228, cited by C. V. Langlois, ed., De recuperatione Terre Sancte: traité de politique générale par Pierre Dubois (Paris, 1891), p. x1. 12 Ffistoire littératre, XXVI, 481 f. Langlois suggests the reading ‘Perrotus de Bosco.’ De recup., DP. XI.

18 Arch. nat., J. 415, No. 86, cited by Langlois, ed., De recup., p. xil.

8 Introduction | Edward I. The subject matter was almost identical with the original version, the only new suggestion being a proposal for the consolidation of the military orders, with the king of Cyprus to be placed in command. The fourth tract of 1308, The Affair of the Holy Land (Pro facto Terre Sancte), was called forth by events in Germany. Emperor AI-

bert I was assassinated on May 1, and our chauvinistic publicist seized the opportunity to suggest to Philip IV that he have the pope appoint him emperor. Here Dubois reveals one of his several inconsistencies. It was common knowledge that Boniface VIII, during the rivalry between Albert of Austria and Adolf of Nassau for the imperial throne, had suggested the appointment of an emperor.¥4 At that time Dubois had denied that the pope possessed such power.

Now, when circumstances seemed to offer an opportunity for increasing the dominion and prestige of the French king, he suggested that Clement V make use of the very authority denied in the case of Boniface VITI. Apparently Dubois regarded the pope as an individual without power when he was an Italian enemy of France; when he was a Frenchman, well disposed toward the king, Dubois

regarded him as an official of unlimited powers. Philip made no serious effort in this direction, but did take steps to secure the election of his brother, Charles of Valois.©

The final product of that year was a tract directed to Philip, suggesting that he create a kingdom in the Near East for his second _ son, Philip the Long. Its content justifies considering it as an Appendix to the Recovery, and it is therefore reproduced in translation

in the present volume. |

After this burst of activity in 1308, Dubois held his peace for

five years; at least the sources reveal no trace of any literary activity

on his part. Did he produce other tracts which have not been preserved or identified? Was he discouraged because his efforts had brought no response from the king? Or were Philip’s policies gaining such success that there was no further need for appealing _ to public opinion? William of Nogaret, in the thick of the fight, was still publishing pamphlets for his own justification, but the abortive

14 Flistotre littéraire, XX VI, 485.

18 See Philip’s authorization for efforts in behalf of Charles, in Notices et extraits des manuscrits de la Bibliothéque nationale et autres bibliothéques, XX (1862), Part II, 189, Document No. XXXI.

Introduction 9 trial of Boniface in 1310 failed to stir the Norman lawyer into any

traceable activity. The Council of Vienne, which dissolved the Templar Order, called forth nothing from his pen. The keen eye of C.V. Langlois, thoroughly familiar with the literary peculiarities of Dubois, identified him as the author of a brief tract composed between October, 1313, and the Lenten season of 1314, Tournaments and Fousts (De torneamentis et justis).1* The Church

had never looked with favor upon the sham battles so dear to the hearts of chivalrous knights. The monarchy, too, was inclined to frown upon them because too many men and horses perished, making difficult the maintenance of an adequate force of feudal cavalry. In anticipation of the proposed crusade, Clement V on September 14, 1313, issued the bull Passzones miserabiles, severely condemn-

ing jousts and tournaments. In October the papal legate in France formally forbade all tournaments on pain of excommunication and interdict. Objections came from the nobles, who favored the timehonored institution in which they could display their skill and valor; from the host of petty officials, for whom tournaments were asource _ of income; from the commonalty, who found in such spectacles a welcome diversion from the monotony of their lives. Dubois’ pamphlet was merely an unofficial request to the pope for the suspension of the bull. In deference to protests from the royal family the bull was suspended and eventually revoked.” In some of his tracts Dubois expressed a fear of enemies who might make trouble for him because of the ideas he publicized, giving this as an excuse for preserving his anonymity. There seems ‘to have been little actual basis for this fear. Dubois outlived the 16 Analyzed by C. V. Langlois, ‘Un Mémoire inédit de Pierre Dubois,’ Revue historique, XLI (1889), 84-91. 17 Revoked by Pope John XXII in his bull Quia in futurorum, 1316 (Corp. jur. can., Extravagantes Ioann. X XII, Tit. 9. cap. 1 [I], 1215]). Ca. 1140 a Bolognese monk, Gratian, published a codification of canon law under the title, The Harmony of Inharmonious Canons (Concordantia discordantium canonum). Although

never officially adopted, it was soon cited as authority by ecclesiastics and lawyers alike under the abbreviated title, Decretum Gratiani, and supplanted all similar collections.

Additional decretals of Gregory IX were published in five books, usually cited as Decretales Greg. LX. Further additions by Boniface VIII came to be known as the Liber sextus, because they were regarded as a continuation of the work of Gregory IX. Still later came the Constitutiones of Clement V, then the Extravagantes of John XXII, so called because they did not fit into the previous compilations, and finally the Extravagantes communes, decretals of various popes as late as Sixtus IV (d. 1484). These several com-

pilations comprise the Corpus juris canonict. .

10 Introduction master whom he sought so eagerly to serve, but there was no attempt to molest him. It was otherwise with some of Philip’s official counsellors,

notably Enguerrand de Marigni, who as Philip’s finance minister bore the brunt of the storm of criticism which broke out after the monarch’s death. Hatred of Marigni was aggravated by the attempt of the upstart Norman to procure the election of his cousin Nicholas as pope.?® The absence of criticism of Dubois is further evidence that

his efforts to advise Philip received no official recognition. | After 1314. Dubois becomes a shadowy figure. Probably he continued his activities as a crown lawyer, but in the county of Artois. The records of the Parlement of Paris for the session of December, 1319, list a ‘master Pierre Dubois’ among the reporters of inquests, identifying him as the bailli of Countess Mahaut of Artois.1° It appears that before Philip’s death (November 29, 1314), Dubois entered the service of the countess; at Easter, 1314, she arranged for the purchase at Paris of nine ells of figured cloth for her counsellor, ‘master Pierre Dubois.’*° The last appearance of Dubois in history

—if it be in fact he—is an item in the archives of Pas-de-Calais, listing him with others participating in an inquiry at Béthune on February 23, 1320.74 Having by then reached the age of seventy or thereabouts, he doubtless died not much later. THE APPEAL TO PUBLIC OPINION

Public opinion in the modern sense can scarcely be said to have existed during the Middle Ages. Nevertheless issues of public interest arose from time to time on which proponents of either side sought some measure of popular support. Such appeals were necessarily directed to only a tiny fraction of the total population. The great mass of the people consisted of ignorant peasants who carried no weight, even supposing that anyone had the means or desire to

rouse them to an opinion. _ a

Avowed. appeals to public opinion might be made to groups

18K, Wenck, Philipp der Schéne von Frankreich (Marburg, 1905), p. 61; E. Zeck, Der

, Publizist Pierre Dubois (Berlin, 1911), p. 71. | |

19 Actes du Parlement de Paris, II, 298, cited in Langlois, ed., De recup., p. xiv. 20 J. M. Richard, Une petite-niéce de saint Louis, Mahaut, comtesse d’ Artois et de Bourgogne

(Paris, 1887), p. 179, cited by Langlois, ed., De recup., p. xiv. |

#1 Archives du Pas-de-Calais, A, 944, No. 1, cited by Langlois, ed., De recup., p. xiv.

Introduction II whose support was desirable on one ground or another. Such were members of the royal council and persons presumed to have influence on their actions, members of the court of a pope or lesser ecclesiastical dignitary, and from them down to their adherents of less prominence. With the rise of the upper bourgeoisie to a position of

political and economic importance, a third group was added to which appeals might be made with some hope of advantage. In the absence of periodic assemblies of substantial numbers of

people, the appeal to public opinion frequently took the form of pamphlets or tracts, composed sometimes by agents assigned to the task, sometimes by volunteers. There was, of course, no technical means for rapid duplication, no service for distribution. Such pub-

licity as the message of the pamphlet achieved was given mostly by word of mouth or by posting in a conspicuous place, such as the

church door. Many of these pamphlets have come down to us in unique manuscripts, preserved by chance in some princely or ecclesiastical archive, or transcribed in whole or in part by some chronicler who considered the matter worthy of note.

Medieval pamphleteering of this character may be said to fall into three, or perhaps four, distinct periods. The first came about through the quarrel over investitures, which was precipitated by the efforts of Pope Gregory VII to reform the Church in Germany

and to assert ecclesiastical independence of the control exercised | by Emperor Henry IV. The contest broadened into a question of the rival claims of the spiritual and temporal power to supreme authority. The controversy dragged on long after its originators had passed from the scene, a compromise being finally reached in the Concordat of Worms (1122). During the course of the struggle a number of pamphlets appeared, in which the supporters of both parties belabored their opponents with citations from Scripture, the Church Fathers, Church tradition, and the canons.! The imperial partisans discovered an arsenal of arguments in Roman civil law, the revived study of which was just then appearing in the schools. So powerful did arguments from this source prove that Countess Matilda of Tuscany, a papal partisan, was instrumental in founding a school of legal studies where Roman law could be studied from 1 See C. Mirbt, Die Publizistik im Keitalter Gregors VII (Leipzig, 1894); A. Fliche, Etudes sur la polémique religieuse a lV époque de Grégotre VII: les prégrégoriens (Paris, 1916).

12 _ Introduction | the proper—i.e., the papal—point of view.? Citation of canons was sometimes met with the charge that the canon quoted was not

truth ?’ . , authentic, a charge frequently made by either side. Thoughtful men

began to ask, ‘Where can truth be found? Is there any ultimate - The second period covers the strife between the Hohenstaufen emperors and the popes, especially the efforts of Frederick II to maintain his position in the face of bitter hostility on the part of popes Gregory IX and Innocent IV. A more clear-sighted statesman

than either Henry IV or Henry V, Frederick IT saw that his best chance lay in gaining the support of other European monarchs. To this end he addressed circular letters to his fellow rulers and their chief subordinates, but in vain. His secretary and adviser, Piero della Vigna, master of an excellent Latin style, has left us a collection of letters which served as models in teaching the ars dictaminis.3 —

Naturally they included reference to Frederick’s troubles. This col-

lection was available in the French royal archives, and Philip’s canny propagandists could surely have gained useful hints by a perusal of its contents. That they did so has not been proved conclusively, but one may discern a fairly well-defined development from the ideas of the imperialists in Frederick’s service through those of Philip’s entourage to the position taken by the defenders of Louis

of Bavaria in the fourteenth century. |

The third period lies beyond the scope of the present volume, being precipitated by a disputed imperial election in 1314. When Louis of Bavaria defeated his rival in 1322, Pope John XXII took the position that he alone had the right to decide a disputed election and summoned Louis to plead his case before the curia at Rome. Louis disdained to appear and was excommunicated. The renewed

struggle between the Empire and the papacy was complicated by Pope John’s quarrel with the Spiritual Franciscans, who joined forces with Louis. The pretensions of both parties were high-sound2 ‘The center of legal studies was then at Ravenna, which was dominated by the imperialists. Countess Matilda aided in establishing a school of law at Bologna (P. Vinogradoff, Roman Law in Mediaeval Europe [London and New York, 1909], p. 44). 8 Petri de Vinets ... epistolarum ... libri VI, ed. J. R. Iselius (2 vols.; Basle, 1740). | * See F. Graefe, Die Publizistik in der letzten Epoche Kaiser Friedrichs II, 12399-1250 (Heidel-

berg, 1909); O. Vehse, Die amiliche Propaganda in der Staatskunst Kaiser Friedrichs II (Munich, 1929). For a comparative study of Hohenstaufen and Capetian propaganda, see H.Wieruszowski, Vom Imperium zum nationalen Kénigtum(Munich, 1933), especially pp. 58-89. -

Introduction 13 ing, but when compared with the earlier struggles this was a battle of pygmies. What made the contest important was the fact that it called forth the efforts of writers such as William of Ockham, Jean of Jandun, and Marsilius of Padua, whose blows were aimed at the very foundations of the papacy. The published product of researches in the field of French politics

during the reign of Philip IV has made it reasonably clear that we | have here a fourth distinct period of pamphleteering, belonging chronologically between the second and third periods mentioned above.® The numerous pamphlets from the pens of William of No-

garet and Pierre Dubois were written with the definite purpose of rousing popular support for Philip’s policies. Arguments appeal-

ing to middle-class interests appear more frequently than in the earlier periods, for by this time the bourgeoisie had risen to a position where their support was highly desirable, a factor recognized by the national monarchs. In the Empire, even in the days of Louis

the Bavarian, there was less reason for such an appeal, since the Empire maintained a feudal organization which left little opportunity for the middle class to function politically as such.’ Philip IV, on the contrary, was keen enough to realize its importance; he developed a machinery which gave its members a degree of political recognition, the Estates General of 1302 and 1308. Here they were harangued by Philip’s agents, and pamphlets supporting the royal

cause were circulated among them. Present at both of these national assemblies was Pierre Dubois, author of some of the pamphlets. The treatise here presented in translation’ appeared between the two meetings of the Estates General. ® See R. Scholz, ‘Studien tiber die politischen Streitschriften des 14. und 15. Jahrhunderts,’ Quellen und Forschungen aus ttalienischen... Bibliotheken, XII (1909), 112-31, and Unbekannte

kirchenpolitische Strettschriften aus der Zeit Ludwigs des Bayern (1327-1354) (2 vols. in 1;

Rome, 1911-14); A. Gewirth, Marsilius of Padua (New York, 1951). 6 For a general survey, see R. Scholz, Die Publizistik zur Zeit Philipps des Schénen und Bonifaz’ VIII (Stuttgart, 1903).

? Urban leagues within the Empire, such as the Hanseatic League, were primarily economic organizations. Where they exercised political power they functioned as a league, not as a recognized branch of the Empire. Certain cities were represented in the imperial diets, but their delegates were there as representatives of political units within the Empire, not as representatives of a social class. 8 Chaps. 60-63, 71-76, 79, 83-88, dealing with education, are translated in L. Thorndike, University Records and Life in the Middle Ages (New York, 1944); chaps. 1-4, 12-13, 27, 101, 104-107, 111, are translated in whole or in part in The Poriable Medieval Reader,

ed. Ross and McLaughlin (New York, 1949).

14 Introduction HISTORICAL BACKGROUND | , Pierre Dubois appeared on the historical scene at a critical point in the rivalry between the papacy and the slowly emerging national state. While Dubois’ role in this conflict was almost wholly confined

to France, the problem itself was much wider, involving as it did every national monarch who might attempt to rule his dominions as a sovereign free from interference by any outside authority. In England, where geographical and other factors brought about a degree of national unification earlier than in France, this issue of sovereignty had already been raised from time to time, but rarely in so acute a form as during the reign of Edward I (1272-1307). __ The conflict between Philip and the papacy, in which Dubois took

, an active, if humble, part, should therefore be viewed as part of a larger picture. This picture includes more than the conflict over | sovereignty; it involves that spirit of restlessness and dissatisfaction with things as they were which was ushered in by the fourteenth century. Dubois, with his many-sided interests, served as one of the. most vocal spokesmen for this restlessness and dissatisfaction. For a proper understanding of his ideas and their significance it is necessary to survey briefly the immediate background of the age in which he lived and wrote.

_ The nominally well-ordered life of the Middle Ages reached its culmination in the thirteenth century. That age saw the imposing edifice of scholasticism attain the height of perfection in the work of St. Thomas Aquinas. It witnessed the signal triumph of the papacy in the long and intermittent struggle with its chief rival, the Holy Roman Empire. The universities, north and south, were crystallizing their administrative organization into forms which lasted

without marked change for centuries. The vernacular literature of chivalry, epic and romance, was at its height. A more plebeian type of literature, the often scurrilous fabliau, was also making its

appearance. |

That same thirteenth century contained within itself the seeds of new movements which ultimately destroyed much of what had seemed to be firmly established. The pious enthusiasm which had brought thousands on the weary journey to rescue the holy places from the desecrating hand of the infidel gave way, first to a self-

Introduction 15 seeking ambition already apparent during the First Crusade, and finally to a general feeling of disillusionment from the failure of the crusading movement.! True, men still talked of and planned new crusades;? the subject matter of Dubois’ major pamphlet was professedly an appeal for a new crusade, coupled with detailed sugges-

tions for a reform program which should insure its success. But appeals from popes and lay leaders alike fell on deaf ears; western

Europe was concerned with more material interests. The Italian cities had profited tremendously from commercial contacts with the Near East, and their geographical position assured them a virtual monopoly of this lucrative trade. That their monopoly was resented

by those who had to pay what the Italians chose to demand for their goods is evident from Dubois’ remarks on the greed of merchants (chap. 67). What did it matter to the Italian merchant that the purveyors of oriental goods were infidels? Even the infidel Turk might at times prove to be a useful ally. The mental horizon of the western European was broadening. While it would be a mistake to credit the crusades with all, or even a large proportion, of the changes which were taking place, the crusades did prove to be an important factor in stirring western Europeans from their narrow provincialism. They were learning the valuable lesson that not all they knew was so. Characteristic is the remark of the somewhat fainthearted Stephen of Blois, one of the leaders of the First Crusade, who wrote to his wife, ‘What some say about the impossibility of bearing the heat of the sun throughout Syria is untrue, for the winter there is very similar to our winter in the west.”®

The geographic horizon was also broadening. At the close of the century Marco Polo returned from the Far East after a sojourn | there of nearly twenty years, with marvelous tales of riches to be enjoyed and wonderful sights to be seen. Marco Polo was not the 1 See P. A. Throop, Criticism of the Crusade: A Study of Public Opinion and Crusade Propaganda (Amsterdam, 1940). 2 For the later crusading movement and its theorists, see A. S. Atiya, The Crusade in the Later Middle Ages (London, 1938). 3 University of Pennsylvania, Translations and Reprints from the Original Sources of European

story (Philadelphia, rg10— ), I, No. 4, p. 7. 4 Dubois nowhere cites Marco Polo or other eastern travelers by name, but he displays a lively interest in the Tatars and a considerable acquaintance with their customs. In the Summaria (fol. 11 v; Kampf, p. 19) he refers specifically to some unnamed individual as the source of his information. Polo’s account of his travels was written in 1299.

16 Introduction only oneto make that long and perilous journey; dozens of individuals, some obscure, others prominent, made the trip, and a few of them have left us accounts of their adventures. The papacy dreamed of an alliance with the Great Khan which should crush the Moslem as in a giant pincers. Missionaries were dispatched to the East to further this project, and an archbishopric was actually established ©

at Peiping (1307).5 _

Signs of intellectual ferment were evident. Roger Bacon, writing in scornful terms of the work of eminent scholastics, offered mankind

anew approach to knowledge, of which he presumed himself to be a master. Translators in Spain and southern Italy had made Moslem learning available to the western world, and proponents of

the newer learning, such as Siger de Brabant, were provoking

learning. — oe

lively discussions in the lecture halls of Paris and other centers of _ In the field of governmental administration a new factor was appearing—less obvious, perhaps, but nevertheless of the utmost importance to the political scene. The Holy Roman Empire went into eclipse on the death of Frederick IT (1250), to be revived later un-

der the Hapsburgs, but still on the old feudal basis. The most significant changes were taking place in the old feudal monarchies of England and France. Instead of being merely primi inter pares, their

_ kings were beginning to assert the royal pre1ogative, something quite different from the older recognized feudal suzerainty over vassals. In England a system of common law administered by royal

courts, which was begun during the reign of Henry I (1100-35), took definite shape under Henry IT (1154-89). Checked by the vagaries of the knight-errant Richard Lionheart and his incompetent brother John, and brought to a virtual stop by the baronial revolts _ under Henry III (1216-72), the system was furthered and perfected by Edward I (1272-1307), sometimes called the English Justinian. | By 1300 both king and people were ruled by law; England had be-

come a nation. On .

In France the Capetian dynasty was singularly favored by fortune:

from the accession of Hugh Capet in 987 to the death of Louis X 5 See C. R. Beazley, The Dawn of Modern Geography (3 vols.; London and Oxford, 18971906), Vol. II, passim; T. F. Carter, The Invention of Printing in China and its Spread West-

ward (rev. ed. New York, 1931), pp. 120-130. |

Introduction 17 in 1316, no French monarch died without leaving a male heir in direct line to succeed him. During the same period every important French fief came to be included, at one time or another, within the royal domain. On the accession of Philip IV in 1285 the only French provinces to retain their feudal autonomy were the county of Flan-

ders and the duchies of Brittany, Burgundy, and Aquitaine, the last named being held by Edward I of England. Centralization of royal power was accompanied by the rise of the middle class, which in general found its interests better served by a single strong monarch than by a group of wrangling feudal lords. Kings, in their turn, found in the middle class a willing and

valuable ally in their efforts to establish control over the feudal nobility. In France a notable contribution of the middle class to this end was made by a new professional class of lawyers, trained in Roman civil law at any of half a dozen universities. Their appearance as a Class began with the legal reorganization effected by Louis IX.

The increasing vogue of Roman law, the principles of which so strongly supported the royal pretensions, spread to the north from Bologna and other Italian universities, and gradually but inevitably broke down the old feudal jurisdiction. The new profession offered

opportunities for a lucrative career; a competent lawyer might even hope—as Dubois did—to be included in the charmed circle of Philip IV’s intimate counsellors, which numbered among its members such legal luminaries as Marigni, Plasian, and William of Nogaret.®

Frederick Barbarossa had used scholars from the law school at Bologna to further his Italian policy; the law schools at Orleans and elsewhere provided similar instruments for Louis IX, who added to the earlier agencies of baillis and seneschals a third, the enquétuers.

They replaced the Mendicants as an organ for the control of the earlier agencies.’? These new officials were laymen of bourgeois ancestry, who became not only jurists, but often statesmen as well. 6 Indicative of the increasingly important role played by the middle class is the fact that Pierre Flotte and William of Nogaret were the first laymen to hold the position of Keeper of the Great Seal, a position hitherto monopolized by ecclesiastics (Zeck, Der Publizist, p. 11, n. 31). For an excellent analysis of the increasing importance of secular government, see J. R. Strayer, ‘The Laicization of French and English Society in the Thirteenth Century,’ Speculum, XV (1940), 76-91. 7R. Holtzmann, Franzésische Verfassungsgeschichte (Munich and Berlin, 1910), pp. 178, 195 ff.; A. Wyse, ‘The Enquéteurs of Louis IX’, Franciscan Studies, XXV (1944), 34-62.

| 18 Introduction | | Their thorough knowledge of civil law aided them in forging the weapons of the rising national state. Under Philip ITV they became a virtual nobility of the law, and were referred to as milites legum or milites regis, a sort of noblesse of the robe. As faithful and powerful servants of the monarchy they opposed domination of the state by either the feudal nobility or the Church. Against them were ranged

the canonists, with their conception of a theocratic state which

| should be the supreme authority.®

| The middle class played a considerable role in military matters. Feudal armies were no longer adequate for the needs of the rising

| national monarchs, and had long since been supplemented by mer- cenary troops composed principally of nonnobles. Such mercenary

troops, even though poorly paid, had at least to be fed. The increasing use of paid contingents placed a heavy burden on the already strained exchequers of thatday. To meet the steadily growing demand for fluid wealth monarchs resorted to increased taxation and all manner of financial expedients, which embroiled them in a contest sometimes with the middle class, possessors of readily taxable wealth, sometimes with the Church, richest of medieval

institutions. _ 7

With a foreign king, Edward I, holding Aquitaine as a vassal — of the French king, the expansionist policy of Philip IV was bound to provoke a conflict. In 1294 this conflict of interests broke out into - open warfare. Both parties sought allies. Philip offered aid to Scotland, thus Jaying the foundation for the ties between Scotland and

France which lasted to the time of Mary Queen of Scots, in the sixteenth century. Edward’s ally, Adolf of Nassau, proved of little

value; more important was the count of Flanders, who saw in an English alliance an opportunity to check possible French aggression.

The war dragged on for years, and soon exhausted the financial resources of both contestants. In desperation both of them had re- _ course to taxing the clergy in their respective realms, a policy which brought them into collision with Pope Boniface VIII.

royal recognition. | a

® Dubois never attained the status ofa miles regis, despite his persistent efforts to gain ® Zeck, Der Publizist, pp. 13 f. See also H. Kampf, Pierre Dubois und die geistigen Grundlagen

des franzésischen Nationalbewusstseins um 1300 (Leipzig) 1935). |

Introduction 19 THE DISPUTE WITH BONIFACE VIII

Boniface VIII, who became pope after the resignation of Celestine

V,' felt called upon to restore the papacy to the might and glory it had enjoyed under Innocent ITI, when nearly every crowned head tn western Christendom had in turn yielded to that powerful pope. But while still a cardinal, Boniface had quarreled with two cardi-

nals of the Colonna family, James and Peter. They contested the validity of his election, and were forthwith deprived of their rank and excommunicated.” Boniface, like his predecessors, hoped for a crusade by a united Christendom. In 1295 he sought to end the war between Edward and Philip by declaring an armistice, which was ignored by both parties. Thereupon Boniface issued the bull Clericzs laicos (February 24, 1296), forbidding laymen to tax the clergy. In theory, ecclesiastical persons and possessions were immune from secular jurisdiction or taxation. In fact, on numerous occasions

the pope had permitted temporal authorities to tax the clergy in times of emergency.® Collected by the crown, such sums had a way

of being diverted from their original purpose. Both Edward and Philip, without seeking papal permission, levied heavy taxes on the

local clergy; clever lawyers and finance ministers found ways of disguising these levies to avoid conflict with the letter of the law. Boniface, well versed in canon law, regarded these levies as unjustifiable spoliation of the Church, and determined to put a stop to the practice. The bull did not forbid all levies of this sort, but laid down the proviso that they must first receive papal sanction. Unsanctioned levying of taxes on the clergy was prohibited on pain

of excommunication of both payer and receiver, and all bishops

and clergy were specifically forbidden to pay such levies, no matter | how disguised.

The issue was clear. Was the national state sovereign? Could the papacy, victor in its contest with the Empire, achieve a similar ' In 1293, after a deadlock lasting for eighteen months, the cardinals chose Peter Morrone, a locally venerated cave hermit, who was consecrated pope as Celestine V. He resigned after a brief and unhappy pontificate. It was rumored that his resignation had been forced by Cardinal Benedetto Gaetani, who became his successor as Boniface VIII. 2 Documents in Dupuy, Histoire du différend, ‘Preuves’, pp. 29-33. 8 Taxes of this sort, with or without papal authorization, became increasingly frequent during the thirteenth century (R. Fawtier, L’ Europe occidentale de 1270 a 1380: premiére partie, de 1270 a 1328 [Paris, 1940], pp. 20 f.).

20 Introduction victory over the rising national state? Edward and Philip were faced

with the alternative of bowing to the inflexible will of the aged

| Boniface or openly defying a power which could boast of an unparalleled series of victories in similar contests. The issue, in principle, _ was an old one, but this time the opponent of the papacy was not

the feeble feudal Empire; it was the rising national state, already becoming self-conscious, led by kings playing for high stakes and counselled by clever, unscrupulous men who would hesitate at nothing to gain their ends. Philip IV sought to rally public opinion

sentative. ,

to his support through the medium of the Estates General and lesser assemblies. These efforts were seconded by voluntary pamphleteers, often anonymous, of whom Dubois was the most important repre-

Edward replied promptly. When the archbishop of Canterbury, pleading the bull Clericis laicos, persuaded the clergy to refuse the contribution demanded, Edward had his chief justice formally with-

, draw the protection of the civil law from the clergy. Ignoring the archbishop’s threat of excommunication, the king then ordered his sheriffs to seize certain clerical property in the see of Canterbury. _ When the clergy appealed to the courts, they were informed that In view of the act of the chief justice they had no standing in court and could not be heard. The clergy, with few exceptions, bowed to

the inevitable. Edward had taken the first trick. —_

a Philip’s response was also prompt. He had his lawyers frame two ordinances, one of which forbade all foreigners to enter France,

thereby excluding any emissaries whom Boniface might send to

enforce the bull. The second prohibited the export from France of gold and silver, horses, provisions, or munitions of war without writ-

oe ten royal permission. ‘The embargo on supplies was aimed at England; the prohibition of export of precious metals struck a serious blow at papal revenue, of which France was an important source. Boniface, faced by a hostile Colonna faction in Rome and an unfriendly England abroad, found it impolitic to brave the opposition of the determined French king, who was supported by many of the

| French clergy. After a fruitless and acrimonious correspondence with Philip,‘ he issued the bull Inefabilis amor (September 25, 1296), 4 Philip wrote: ‘Before there were any clergy, the King of France had the care of his kingdom and could take measures which he judged necessary in order to preserve

Introduction 21 in which he professed the greatest friendship for France; he declared he had no objection to the taxation of the clergy in a national emergency if his permission were first obtained. A further concession was embodied in the bull Romana mater (February 7, 1297), which nullified Clericis laicos by authorizing voluntary clerical gifts to the king in advance of papal consent. A final concession was made in the

bull Etst de statu (July 31, 1297), which gave Philip the right to determine the existence of a national emergency justifying taxation of the clergy without previous referral to the pope. An additional conciliatory move was the canonization of Louis IX, grandfather of Philip [TV (August 11, 1297).

With these concessions, Philip became more receptive to the efforts of Boniface to mediate in the war with Edward. Careful to recognize the arbitrator as a private person, Benedetto Gaetani, and not as Pope Boniface VIII, the two belligerents finally ended their war In 1299.

On the surface all was serene, but a violent storm was brewing. The fundamental issue of sovereignty between Philip and Boniface was still unsettled. Philip welcomed the Colonna cardinals who had been exiled by Boniface; they spread all manner of scandalous tales about the pope, protested the validity of his election, and clamored for the convocation of a council to judge him. In the meantime Philip revenged himself on the count of Flanders by securing his person through treachery, whereupon he declared the fief forfeit to the crown (1300). Visiting his new acquisition for the first time, his cupidity was aroused by the wealth and finery displayed by the rich Flemish burghers and their wives. Here was a hitherto untapped source of funds for the royal treasury.

Whatever doubts Boniface may have had about his ability to cope with recalcitrant monarchs were soothed by the great success of the Jubilee Year which he proclaimed in 1300. The thousands of pilgrims who flocked to the Eternal City to receive the papal blessing gave Boniface the impression that he enjoyed the united support of Catholic Christendom; the ample gifts which they showered down himself from his enemies.... Holy Mother the Church, the Spouse of Christ, is not composed of the clergy alone; the laity also form a part of her; it was not for the clergy alone that Christ arose from the dead. The clergy, like the laity, form a part of the State, and whoever refuses to aid the latter is a useless member’ (M. M. Curley, The Conflict Between Pope Boniface VIII and King PhilipIV, the Fair [Washington, D.C., 1927], pp. 81 f.)

22 __ _Introduction | on Roman altars replenished the papal treasury. If the growing independence of the national monarchs were ever to be curbed, now

was the time. ss

| Presumably relying on the several modifications of the bull Clen| cis laicos, Philip had in no whit eased his policy of taxing the clergy.

| When the French clergy complained to Rome, Boniface determined - to act, but first he would send a warning message to the king. His

| choice of a bearer for this unwelcome missive could scarely have

of treason. | |

been worse; it was Bernard Saisset, bishop of Pamiers, a bitter foe of Philip. In 1301 Bernard was arrested and imprisoned on a charge

| To Boniface this was an intolerable insult. On December 4 and , 5 he issued three bulls. The first, Salvator mundi, withdrew the privileges granted in modification of Clericis laicos. The second and most important, Ausculta fili, asserted in definite terms the universal sov- _

ereignty of the pope over all kings and kingdoms, applying the term heretic to anyone who ventured to dissent and adding a recital of Philip’s many transgressions against the Church. The third summoned the French prelates to a council at Rome to devise means for the reform of the king and kingdom of the French. Philip was invited

to attend. | OO oe

Philip met the challenge by forbidding French clergy to go to Rome and by renewing the embargo on funds destined for Rome. To counteract the effect of the proposed Roman council he appealed

| to French national sentiment by summoning the Estates General. | Pamphlets attacking Boniface were circulated among the delegates, and they were harangued by Philip’s agents. Apparently a conscious. effort was made to pass off the forged bull, Deum time,® as genuine; Pierre Flotte, one of Philip’s chief counsellors, read the forged doc-

ument to the assembled estates. |

- The cumulative effect of these efforts was most gratifying to —

| Philip; the nobles and the third estate adopted resolutions enthu- _ | siastically supporting the royal cause, and the clergy addressed a , letter to Boniface in Philip’s behalf, begging the pope in the interests. of harmony to withdraw the summons for the council at Rome.*®

Just then disaster struck Philip from an unexpected quarter. The

| . 5 See above, p. 5. : ,

, * Dupuy, Histoire du différend, *Preuves’, pp. 66 f. oo ,

Introduction 23 financial burdens he imposed upon the Flemish burghers had risen to an intolerable point. In the summer of 1302 the Flemings rose

in rebellion. To crush this revolt Philip dispatched a formidable force of feudal cavalry. The sturdy townsmen refused to be overawed

at the approach of the knights and drew up their line of battle at Courtrai behind a marsh. On July 11 the knights, in accordance with their custom, charged the urban line; their mounts became mired in the marsh, the riders were unhorsed, and the townsmen easily disposed of their prostrate foes.’ This crushing defeat, the first that Philip had encountered, was a serious check. It would take time to replace the army annihilated at Courtrai; one of his ablest counsellors, Pierre Flotte, was among the fallen; the uneasy peace with Edward I might be broken at any

moment; Boniface had thrown down the gauntlet and appeared ready to press every advantage.

The Roman council summoned by Boniface met October 30, 1302. Despite Philip’s prohibition, an appreciable number of French

prelates were in attendance. The council authorized the issuance of two bulls. One provided for the excommunication of anyone who should interfere with persons going to or coming from Rome. The other was the famous Unam sanctam, dated November 18, 1302, which set forth the papal claim to spiritual and temporal authority in the most unmistakable terms. Never before or since has the papal position been stated in such unequivocal language. ‘Both swords,

therefore, the spiritual and the temporal, are in the power of the Church.... Moreover, it is necessary for one sword to be under the other, and the temporal authority to be subjected to the spiritual.... We therefore declare, say, and affirm, that submission on the part of every man to the bishop of Rome is altogether necessary for his salvation.’® In April, 1303, Boniface notified Philip that he was 7 See F. Funck-Brentano, ‘Mémoire sur la bataille de Courtrai (1302, 11 Juillet) et les chroniqueurs qui en ont traité, pour servir 4 ’historiographie du régne de Philippe le Bel,’ Mémoires présentés... a VAcadémie des inscriptions et belles-lettres, sér. 1, X (1893), 235-325; C. W. C. Oman, A History of the Art of War in the Middle Ages (2nd ed.; 2 vols.;

Boston, 1924), II, 113-17. § The acts of this Roman council are lost; it is said that they were destroyed later to please Philip IV. The original of the bull Unam sanctam is not in existence, the oldest text is to be found in Les Registres de Boniface VIII, ed. G. Digard et al. (4 vols.; Paris, 1904-39), Vol. III, No. 5382. It is available conveniently in Corp. jur. can., Ext v. comm. Lib. I. Tit. 8. cap. 1 (II, 1245). There is an English translation in O. J. Thatc er and E. H. McNeal, A Source Book for Mediaeval History (New York, 1905), pp. 314-17

| 24 | Introduction -

the council. | | }

| excommunicated for preventing the French clergy from attending At this point a strategy was devised at the French court which _ indicates the desperate resolve of the monarchy to leave no stone unturned in the effort to nullify the effect of the pope’s decrees. In whose mind the scheme originated we do not know; it may have

been Philip himself, or more probably William of Nogaret. The original plan was to seize and imprison Boniface and have a council summoned by a papal vicar to judge the captive. Since the plotters were well aware of the importance of the support of all three estates _

in France, the plan was modified to one of compelling Boniface himself to call the council, a procedure which might enlist the sup-port of the French clergy as well as that of the lay estates. The clergy _

, might well hesitate to recognize a council summoned by another

than him who held the papal title. | |

| The plot was hatched in March, 1303. Any interference from Edward I was precluded by a treaty of May 20, in which Philip returned Aquitaine. The next step was to prepare public opinion. This had been initiated at a Paris meeting of the Council of State on March 12, at which Nogaret delivered a virulent attack on Boni-

face. He adopted the premise maintained by the exiled Colonnas that Boniface was no true pope because his title depended on the validity of Celestine V’s resignation. Ecclesiastical theory held that the cardinals’ votes in a papal election were dictated by the Holy Ghost, and therefore the resignation of a pope was tantamount to saying that the Holy Ghost was mistaken—a theologically untenable

| position. © | a

The appeal to public opinion was broadened at an assembly at the Louvre June 13, 1303. Before this wider audience the attack |

on Boniface was renewed. Plasian read off a list of twenty-nine specific charges against the pope; Philip declared himself convinced of the necessity for a general council. The clergy adopted a resolution expressing their support of the crown against all opponents and >

| endorsed the demand for a council.® SO

Boniface, no mean antagonist despite his advanced age, replied | by holding a consistory at Anagni in August, where he solemnly _ affirmed his innocence of the twenty-nine offenses charged against ° Dupuy, Histoire du différend, *Preuves,’ p. 112, 7

Introduction 25 him by the French. It was declared that only a legitimate pope could summon a general council. Philip was warned that unless he repented of his acts of rebellion he would incur the extreme penalty of the Church.

Meanwhile Nogaret, armed with a letter of authority from Philip and provided with ample funds, arrived in Italy, where he formed a combination with the Colonna faction. On September 7, 1303, the conspirators, aided by bribed members of the papal guard,

entered Anagni and forced their way into the papal bedchamber. The aged pope stubbornly refused to yield to their demands, and on the third day the conspirators were driven away by the townspeople.?°

Though his life had been spared, the shock of the attack proved

too much for the old pope. He who had three years previously imagined the world at his feet now found himself surrounded by enemies, his morale shattered, his nerve gone. Appealing for aid to the Orsini at Rome, he was by them conveyed thither. ‘Thirsting

for revenge on Philip, his efforts to gain allies to that end gave offense to the Orsini, who held him a virtual prisoner in the Vatican. There on October 12, 1303, he breathed his last. Boniface’s death left the papacy in a critical condition. Would there be another long dispute in the conclave, giving Philip an opportunity to strengthen his position without interference ? Would the

cardinals select a man who would continue the uncompromising policy of Boniface, which had proved so disastrous, or would they choose one who would follow a conciliatory policy and thereby yield the palm to Philip? The conclave acted promptly; on October 22 they chose the mild-mannered general of the Dominican Order. The new pope was the eleventh to assume the title Benedict; possibly he wished to indicate thereby that he planned to follow a conciliatory policy.

The failure of the attempt to coerce Boniface left Nogaret in a dangerous positon—excommunicated ipso facto for attacking the 10 For the story of an eyewitness of the Anagni affair, see H. J. G. Beck, ‘William Hundleby’s Account of the Anagni Outrage,’ Catholic Historical Review, XXXII (1946), 190220 (Latin text with English translation). R. Fawtier would absolve Nogaret from any responsibility for the use of violence (‘L’Attentat d’Anagni,’ Mélanges d’archéologie et d’histoire [Ecole francaise de Rome], LX [1948], 153-79). Fawtier’s position is ably challenged by M. Melville (‘Guillaume de Nogaret et Philippe le Bel,’ Revue d’histoire de Véglise de France, XXXVI [1950], 56~66).

26 ~_--«s[ntroduction pope’s person. Philip’s position was not much better; he was still excommunicated, and Boniface’s several decrees against him were

| still in force. To bring pressure on Benedict XI they adopted the strategy of renewing the charges against Boniface originally pre-

| - sented the previous June, maintaining that the Anagni affair had resulted from Boniface’s stubborn refusal to entertain a legitimate demand for the convocation of a council. If Benedict XI could be

__ prevailed upon to summon a council the charges against Boniface

| must be heard; if the French could prove their charges, it would | mean a complete vindication of Philip and Nogaret, who would then be in the position of good Christians who had attempted to invoke

the Church machinery against a wicked usurper. The conviction of Boniface would mean the nullification of all his decrees and bulls.

| That Boniface was already dead and buried did not alter the legal point involved. So began the assault on the memory of Boniface. Philip’s first step was necessarily to effect a reconciliation with the new pope, Benedict XI. To this end he appointed a commission of

| four, of which Nogaret was the fourth member. Two sets of instructions were given them." The first was directed to all the mem-

, bers but Nogaret; they were instructed to receive—not to request— absolution for the king from any excommunication imposed upon _ him in the past for any reason. This was a simple matter, not needing Nogaret’s clever mind. The second set was directed to the full

needed. , |

| commission, authorizing them to negotiate about all matters at issue between Philip and Boniface. For the latter task the wily Nogaret,

| after Pierre Flotte’s death the most trusted counsellor of Philip, was Benedict quickly yielded the first point. On March 25, 1304,

the king and his family were formally absolved from any and every

| existing ban. Benedict was now free to negotiate with Philip without compromising himself by dealing with an excommunicated person.

| - When Nogaret appeared before the pope, Benedict refused to re- © cognize him since he was still under the ban. Through his colleagues _ Nogaret requested an absolutio ad cautelam,* and renewed his demand 11 Both instructions are in Dupuy, Histoire du différend, ‘Preuves,’ pp. 224 f. ,

} 12 The absolutio ad cautelam is an absolution granted for his greater security to one who | has been excommunicated and is appealing from the judge’s sentence; he takes a solemn | oath that he will comply with the judgment when it is finally rendered. The poenitentia ad cautelam is likewise imposed for his greater security on one whose guilt has not been

Introduction 27 for a council to judge Boniface. To avoid the embarrassment of sitting in judgment on his predecessor, Benedict made further concessions. In a series of decrees on April 18 and May 13 he revoked Boniface’s decrees against the French universities and churches, annulled all the existing decrees against the rights of the French king, absolved the French prelates who had obeyed Philip’s orders not to attend the Roman council of 1302, and suspended the interdict which Boniface had declared over Lyons and Pamiers. In addition, he granted Philip a tithe for two years, and the annates of all French church offices falling vacant for the next three years. Having yielded nearly everything to Philip, Benedict determined to make an example of those who had personally participated in the Anagni outrage. On June, 7, 1304, he issued the bull Flagztiosum

scelus, denouncing them in the harshest terms and placing them under the ban. The guilty were summoned to appear before him for sentence.!3 What would Philip do? His personal victory was nearly complete;

Nogaret was the only important royal agent left beyond the pale. Would the king jeopardize his settlement with the papacy by continued support of Nogaret, or would he toss him to the wolves? Philip

acted promptly and decisively; Nogaret was retained in the royal service and granted a substantial financial reward ‘for faithful ser-

vice in matters of great moment to the crown and the state.’ Before Benedict could take any further steps against Nogaret and his accomplices, he died on July 27, 1304, apparently from over-

indulgence in ripe figs.1® ,

Further advantage to the monarchy might be insured by the

election of a pope subservient to the royal will. With this in mind, Philip brought pressure to bear on the French cardinals. The two Colonnas, although not yet readmitted to the college, were able to exert some influence on their former colleagues. The partisans of Boniface VIII were numerous enough to block a French choice, finally determined. The earliest mention of the absolutio ad cautelam I have been able to find is in a decretal of Celestine III, about 1195 (Corp. jur. can., Decretal Greg. IX Lib. V.

Tit. 39. cap. 15 [II, 894]. 18 Holtzmann, Wilhelm von Nogaret, p. 125. Text of the bull in Dupuy, Histoire du différend,

‘Preuves,’ pp. 232 f. 14 Holtzmann, Wilhelm von Nogaret, p. 115.

18 Current rumor had it that he was poisoned. Villani expressed his wonder that the pope would venture to eat anything not previously tasted by others (Cronica vit. Ixxx).

28 Introduction but could not agree among themselves on a candidate. Month after month went by in a hopeless deadlock. Finally Cardinal Napoleone

Orsini contrived a plan whereby ten of the cardinals agreed to unite on one of three candidates to be named by him.16 Among those

} named was Bertrand de Got, archbishop of Bordeaux, and therefore an English subject. He owed his promotion to Boniface VIII; he

had quarreled with Philip’s brother, Charles of Valois, and had attended the Roman council in 1302 against the king’s wishes. _ What followed is not quite clear. From Villani comes the story _ that one of Philip’s agents hastened north with the news, and that _ Philip held a secret interview with Bertrand in which he promised

| him the papacy in return for certain specific pledges and a further favor to be disclosed later.!”? Satisfactory evidence in support of Villani’s tale is wanting; indeed, there is some evidence to the con-

trary. Undoubtedly Bertrand owed his election to the king’s in_ fluence, and Philip was too astute an individual to grant such support without some kind of an understanding with him. Whatever the truth of the matter, Bertrand was elected pope on June 5, 1305, taking the name Clement V. To the utter consternation of the Italian

cardinals he summoned the college to Lyons for his coronation (November 14, 1305), and ultimately established the papal residence

at Avignon in 1309. The Babylonish Captivity had begun.

| THE AFFAIR OF THE TEMPLARS At this point the matter of Boniface became involved with the attack

on the Templar Order. Philip’s relations with the Templars were cordial up to 1305. Their stronghold in Paris served as a depository

, of royal funds even after the establishment of a royal treasury in the Louvre. When he was in financial difficulties (the normal con-

| diton of the French monarchy) they lent him money. The order had supported him in his contest with Boniface VIII in 1302.1 At a time of public disorder he had sought safety in a Templar castle. Just why he suddenly turned upon them is not easy to determine. 16 Lizerand, Clément V et Philippe le Bel (Paris, 1910), pp. 41 f. oe 17 The pledges, quoted from Villani, are in Dupuy, Histoire du différend, ‘Preuves,’ p. 286.

1 Officials of both the Templars and the Hospitalers added their signatures to the

resolutions in support of Philip adopted at the Louvre meeting of June 13, 1303. Dupuy, | , Histoire du différend, ‘Preuves,’ pp. 112 f. ,

Introduction 29 It is difficult to believe that a man of Philip’s character was genuinely

concerned about the gossip which ascribed to the Templars all manner of private immorality and even heresy, however eagerly he seized upon such rumors as an excuse for their destruction. One is led to the conclusion that when these scandalous rumors chanced to come directly to his attention, either Philip or some alert mind among his counsellors saw the opportunity for the crown to profit

financially by an attack on a peculiarly vulnerable group, and at the same time to remove a potential obstacle to royal absolutism. As a basis for such an attack, no ordinarily legitimate reason that might have been alleged by the crown would have carried any weight. It was only by assuming a position more Catholic than the pope’s that Philip could have any hope of success in his campaign against an institution which, by contemporary standards, was absolutely inviolable.

The plot against the Templars originated in 1305. It seems that an obscure individual, one Esquieu de Floyrano of Béziers, reported to James IT of Aragon certain evidence of scandalous practices on the part of the Templars, hoping to be rewarded for his talebearing.

James II proving skeptical, Esquieu went to France, where the controversy between the king and the papacy offered a better opportunity. Here his charges were brought to the attention of Philip IV, who connived with Nogaret to turn them to the royal advantage.? Clement V, like other popes of the age, was interested in a renewal

of crusading projects. During his stay at Lyons for his coronation the matter of a crusade was discussed by Philip and the pope. The king also brought up the rumors he had heard. It was obvious that if a crusade were to be seriously contemplated, it would be necessary

to confer with the military orders. Accordingly, in 1306 Clement

summoned the grand master of the Hospitalers and Jacques de Molay, master of the Templar Order, to a conference at Poitiers.®

In April, 1307, Philip brought the charges against the Templars before the royal council with the purpose of gaining their support in an attack on the order. While Philip was ostentatiously discussing the crusade with Clem2 Lizerand, Clément V et Philippe le Bel, p. 85.

8 The master of the Hospitalers, pleading the urgency of his struggle with the Moslems in the Levant, did not make his appearance.

30 _ Introduction ent and De Molay and expressing to them his concern over rumors

regarding the order, Nogaret was preparing the ground for an open attack on the Templars. For the crown to take the initiative in pressing the charges would lay Philip open to a countercharge of acting through malice. Nogaret, therefore, had in 1305 quietly arranged for the arrest, without any fanfare, of two ex-Templars. At the proper moment these ex-Templars could be brought for-

charges.4 , ,

ward as witnesses and thereby spare Philip the onus of initiating the

In the summer of 1307 Philip brought increasing pressure on — the pope to take some action in the Templar matter. Ever since Clement’s election the king had been demanding that the pope sum-

mon a general council to try the deceased Boniface VIII on the charges which Nogaret and other royal agents were proclaiming from the housetops. Clement, never very strong-willed and not in the best of health, hoped to avoid such an embarrassing situation by making other concessions to Philip. Finally, in August, he agreed to

investigate the order. Philip had gained his first point. oe An orderly, leisurely papal investigation would not meet the ) royal pleasure. The charges against the Templars included suspicion of heresy, which would bring the accused under the jurisdiction of

the inquisition. The inquisition was not regarded with favor in France, and Philip had won some little popularity by a decree of — January, 1304, whereby he appointed a royal commission which should examine all prisoners in the custody of the inquisition and free those held on insufficient grounds.® If the charge of heresy were

brought against the order and its members, the subsequent legal ‘procedure would be under the control of the inquisition, at the head of which was Philip’s confessor, Humbert.® It was surely the duty of a Christian king to eradicate heresy from his dominions. One may almost visualize Philip and Nogaret chuckling with glee, as with tongue in cheek they twisted the technicalities and niceties of

medieval procedure to their own dark purposes.” | | 4 Holtzmann, Wilhelm von Nogaret, p. 141; Lizerand, Clément Vet Philippe le Bel, p. 88. 5 The personnel of this commission consisted of Nogaret, Plasian, and two other individuals close to Philip (Holtzmann, Wilhelm von Nogaret, p. 116). —

* Lizerand, Clément V et Philippe le Bel, p. 94.

7 For a more favorable view of Philip and his agent, see Fawtier, L’ Europe occidentale .. premiere partie, pp. 104 f.

Introduction 31 Rumors of a possible investigation of the order were spreading; it is said that a few Templars were already taking flight. Speedy action was essential. Nogaret, elevated to the position of Keeper of the Great Seal for that purpose, played his part well. Under date of September 22, 1307 (actually a week earlier), sealed instructions were forwarded to the proper authorities ordering the arrest of all Templars in France. The blow fell early in the morning of October 14; there were few fugitives, and no resistance was offered.® The arrested ‘Templars were held in close confinement, with no oppor-

tunity to confer with their brethren or superiors. Among those arrested was the grand master, De Molay, who only two days before had in company with Philip attended the obsequies for the wife of Charles of Valois.!° The suddenness and thoroughness of the action created a furor. To reassure the populace as well as to rouse prejudice against the Templars, Philip, on the very day of the arrests, summoned ecclesiastical and lay dignitaries to an assembly in Notre Dame, where the

whole affair was reviewed and the charges made public. On the following day a similar assembly, more popular in personnel, was held at the Louvre. Use of torture to elicit confessions in heresy trials was perfectly legal. So the luckless Templars, whose pride and haughty bearing were proverbial, were subjected to the anguish of inquisitorial procedure. Under such pressure, or the mere threat of its use, they confessed to all manner of crimes. For example, that on initiation the

neophyte must deny Christ three times and spit upon the Cross; that preceptor and neophyte exchanged indecent embraces; that the belts worn as part of their regular garb had been consecrated to

idolatry by being wound round the head of an idol which they worshiped in their chapels; that the brethren did not believe in the sacrament of the altar; that all were required to gain property for the order by any means, fair or foul. Some pleaded personal innocence, but acknowledged that the above offenses were common in the order.

Clement was aghast, not so much at the catalog of offenses— 8 Lizerand, Clément V et Philippe le Bel, pp. 96 ff. ® Holtzmann, Wilhelm von Nogaret, pp. 148 f.

10 Lizerand, Clément V et Philippe le Bel, pp. 95 f;. Guillaume de Nangis, continuator prior (Recueil des historiens des Gaules, XX, 595).

32 Introduction | which had been made known to him in previous conferences with the

king—as at the presumption of the secular arm in proceeding so hastily and violently against an order which was legally under the jurisdiction of the pope. In reluctantly consenting to an investigation of the order he had most certainly not anticipated such drastic action by the crown. Early in 1308 he suspended the inquisition, thereby bringing the accused Templars under his immediate juris-

| diction. He also directed that some of the more prominent Templars be transferred to his own keeping at Poitiers. Unfortunately for Clement, this latter strategy backfired; one of the Templars escaped from Poitiers in February. If he could not keep a dozen Templars safely under lock and key, how could the pope justify assuming the custody of the hundreds whom Philip was holding in hopeless con-

finement? Clement hastily ordered a search for the fugitive, and

offered a reward of 10,000 florins for his apprehension.“ | With the Templar case under immediate papal control, Philip’s next step was to direct an inquiry to the University of Paris, asking

for a definition of the powers of temporal authorities in cases of notorious heresy. He also asked whether the acknowledged guilt of the Templars invalidated their ecclesiastical privileges; whether the

order should be permitted to exist in the event that a few were found innocent as against hundreds confessing their guilt; what should be done with their property; whether it should be devoted to its original objective, the Holy Land; whether it might, under the circumstances, be confiscated by the temporal power. The University returned a cautious reply, reminding Philip that the Templars were religious and therefore under ecclesiastical jurisdiction; that in an emergency the temporal power might arrest a heretic, but only with the intent to turn him over to an ecclesiastical tribunal; that the wholesale confessions justified an inquiry into the order _ itself; that it was proper to take measures to insure that the con-

fessedly guilty did not corrupt their possibly innocent brethren; that it was necessary to guard the property of the order to insure its application to the objectives for which it was originally intended.'* This was enough for Philip. On the very day he received the reply

11 Lizerand, Clément V et Philippe le Bel, p. 120. | | 12 Questions and reply in G. Lizerand, ed., Le Dossier de l’affaire des Templiers (Paris,

1923), pp. 56-71 (Latin text with French translation). The reply of the University is

translated into English in Thorndike, University Records, pp. 133-37. ,

Introduction 33 from the University, the king summoned his second Estates General to meet at Tours in May, 1308. Like the former assembly of 1302,

it was not summoned to advise the king nor to provide funds; its function was to serve as a sounding board to glorify the monarchy as a defender of the faith and to rally national support for the attack

on the Templars. Our information on its proceedings is scanty. We know that the third estate was well represented. The clergy were reluctant to participate in the attack on a religious order, but feared to oppose the king. Many of them were represented by proxies. Nogaret, who acted as proxy for several of the clergy, reported to Philip that the assembly’s support of the royal course was almost unanimous.®

Among those representing the third estate at Tours was Pierre Dubois. Grown bolder with the years, and quick to grasp the fact that Philip’s hope of success in the Templar affair lay in forcing Clement’s hand, he penned a tract in the vernacular, A Remonstrance of the People of France, in which the burden of his message was an

attack upon Clement for his dilatory attitude in the matter of the Templars, coupled with a sharp criticism of the pope’s nepotism. In another pamphlet of the same year, The Affair of the Templars (De facto Templariorum), he attacked the Templars in bitter terms, calling upon the king to take extreme measures against them. Again Clement yielded to pressure. At a public consistory in the

royal palace at Poitiers on May 29, 1308, in the presence of the king and other high dignitaries of Church and state, the royal case against the Templars was formally presented by Plasian. Nogaret, the chief strategist, was kept in the background since he was still under the papal ban. Plasian reviewed the whole case, explaining

that Philip had been reluctant to believe the charges but had requested the inquisition to investigate. He declared that Philip, the most powerful earthly monarch, had acted from the highest motives; it was his Christian duty to take measures against the order, whose guilt was now amply proved by the confessions of its members; he

had no designs upon the Templar property but had simply taken charge of it until proper disposition could be made. Plasian concluded with a veiled threat against Clement, should he fail to act. In reply, Clement cited the previous good reputation of the order, 3 Holtzmann, Wilhelm von Nogaret, pp. 154 f.

84 — Introduction | but he promised to set up a special court for the trial of the Templars

| judgment. : |

since it was not customary for the Holy See to act precipitately.

When the court had finished its investigation he would pronounce

The promised court was duly constituted and proceeded to

examine more Templars. Philip, who was aiming at the condemna-

tion of the order rather than of its members only, renewed his periodic insistence on the degradation of Boniface, demanding that the corpse be disinterred and burned, and the ashes scattered to the winds. He demanded also the absolution of Nogaret and a pledge from Clement not to leave France. The pressure on Clement was

increased by a royal suit against Bishop Guichard of Troyes. A witness was found who charged the bishop with responsibility for the death (April 2, 1305) of the French queen, Jeanne of Navarre. He testified that he had seen the bishop, with the aid of a witch, produce a wax image which he baptized Jeanne. The witch then stabbed the image, and it was thrown into the fire. This alleged incident was said to have occurred shortly before the queen’s death. On August 15, 1308, Guichard was arrested by the archbishop of

Paris, who turned him over to the king.“ |

Although he preserved a measure of his independence by insisting

that the fate of the order itself could be settled only by a council, Clement made further concessions in the hope of mollifying Philip.

A hearing of the charges against Boniface opened at Avignon on March 16, 1310, where lawyers for either side exhausted their ingenuity in pleas and counterpleas for a whole year. Philip finally consented to drop the charges, which had all along been merely a means for bringing pressure to bear on Clement. In return, Clement, on April 27, 1311, issued the bull Rex gloriae, which specifically affirmed the innocence and good intentions of Philip, and ordered

the censures of those involved in the affair at Anagni expunged from the papal record.1® Nogaret received an absolutio ad cautelam, coupled with a poenitentta ad cautelam; to validate his absolution he 14 A, Rigault, Le Procés de Guichard, évéque de Troyes (Paris, 1896); G. Mollat, ‘Guichard

de Troyes et les révélations de la sorci¢re de Bourdenay,’ Moyen Age, sér. 2, XII (1908),

Bone may to this day see in the registers of the Roman chancery the erasures made by an apostolic notary under the express orders of two cardinals, acting for the pope

No. 4424, n.1). , | |

(Curley, Conflict Between Boniface and Philip, p. 196; Registres de Boniface VIII, Vol. II,

Introduction 35 : was to participate in the projected crusade and to remain in Palestine until released by papal dispensation. In addition he or his heirs were to undertake certain specified pilgrimages. A few days later a political settlement was reached. A projected

alliance between Emperor Henry VII and Robert of Naples, inimical to French interests, by which Robert was to have received the

Arelate, was effectually quashed by Clement’s prohibition of the cession of the Arelate to anyone but the Church. Before leaving Avignon the royal emissaries paid Clement 100,000 florins ‘for his exertions.’1é

The fate of the Templar Order!’ was settled at the Council of Vienne, which opened October 16, 1311. The bull Vox in excelso (March 22, 1312), formally abolishing the order, was read before the council on April 3, with Philip seated at the pope’s right hand. No one ventured an audible protest. Four high ‘Templar officials, including De Molay and Charnai, remained in custody until March 19, 1314, when a papal commission, appointed to determine their fate, sentenced them to life imprisonment. Two of the Templars received their sentence in silence; De Molay and Charnai protested loudly, pleading their innocence and declaring that their confessions

had been forced from them by threat of death. Somewhat taken : aback, the commission retired with the intention of considering the matter further on the following day. The Templars were temporarily remanded to the custody of the provost of Paris. Philip was at once informed of this new development. After conferring with his royal council, in the absence of the clerical members, he ordered the two recalcitrant ‘Templars to be burned. The sentence was carried out

that same evening, before the papal commission could take any further action.18 16 Holtzmann, Wilhelm von Nogaret, p. 206. 1” Fifty-four Templars, who had recovered their nerve and repudiated their confessions, were on May 12, 1310, burned at the stake as relapsed heretics by order of Philippe de

Marigni, archbishop of Sens, who owed his appointment to Philip TV (Holtzmann, Wilhelm von Nogaret, p. 185). 18 Guillaume de Nangis, continuator prior, Recueil des historiens des Gaules, XX, 609. The

relevant passage in the continuer of Guillaume de Nangis reads: ‘Et dum a cardinalibus

in manu praepositi Parisiensis, qui praesens tunc aderat, ad custodiendum dumtaxat traduntur, quousque die sequenti deliberationem super his haberent pleniorem; confestim ut ad aures Regis, qui tunc erat in regali palatio, hoc verbum insonuit, communicato cum suis, quamvis proinde clericis non vocatis, prudenti consilio, circa vespertinam horam ipsius diei in parva quadam insula Secanae inter hortum regalem et ecclesiam

fratrum heremitarum posita, ambos pari incendio concremari mandavit...’ It is not

36 Introduction In its conflict with the papacy the national monarchy won a victory quite as overwhelming as the papacy had gained over the Empire half a century earlier. Not only was nearly every point at issue settled in favor of the monarchy, but the promotion of French

cardinals seemed to insure a continuing line of popes French in sympathy, who would reside at Avignon under the shadow of the monarchy. The historical accident of a failure in the direct male line of descent in the Capetian dynasty on the death of Philip’s sons was an important factor in destroying much of the edifice brought to a stage of completion by Philip IV. Yet, despite the turmoil of the ensuing hundred years of civil and foreign war, the French monarchy succeeded in preserving a measure of the stature

attained during Philip’s reign. |

On reviewing the activities of Philip and his advisers, one is

struck by the note of cynicism and hypocrisy which prevailed—a note more in harmony with the secular spirit of the Renaissance than with the proverbial piety of the Middle Ages. Nogaret’s persistent campaign to secure absolution cannot be adduced as evidence

to the contrary. The prevailing mores made an excommunicated person a social outcast; hence he wanted the ban removed. There is not a shred of evidence that he was concerned about his immortal soul. He was specifically warned by the pope that the validity of his

absolution was dependent upon fulfilling certain conditions; the only move he made in this direction was to produce still another memoir urging a crusade. The argument that he might have done more had he lived longer (he died in April, 1313) is, in the light

of his known activities, most unconvincing. |

Such was the milieu in which Pierre Dubois composed his pamphlets and sought acceptance for his proposed reforms. Never holding a responsible position in the state, as did Pierre Flotte and Plasian; no intimate counsellor of the king, as was Nogaret; utterly incapable of realizing the necessity of trimming his sails to steer past the reefs of current European politics; nevertheless Dubois, with a piety which contrasts with Nogaret’s cynicism, expressed clear whether Philip personally issued the order, or merely permitted his council to do so; In any event he was morally responsible. Geoffroi of Paris, who was probably an eyewitness, gives a detailed account of the burning, but has nothing to say about the

maneuvering behind the scenes (ibid., XXII, 144 f.). , |

Introduction 37 ideas whose acceptance would have cut deeper into the existing European organization than anything proposed by his more responsible contemporaries. Nogaret strove to defend and enhance the royal power in France; Dubois would have made the French king lord of both Occident and Orient. Philip and his official advisers fought papal interference in national policies; Dubois would have reduced the Church almost to a condition of primitive apostolic poverty, and made of it a purely spiritual power. IDEAS IN THE RECOVERY OF THE HOLY LAND

The Recovery consists of two parts. ‘The first, comprising chapters 1

to 109, addressed to Edward I of England, was evidently intended for general circulation among European rulers at the discretion of the French king. This could readily be arranged by altering a few phrases here and there. In the first part of the treatise Dubois confined himself to proposals of a general nature, such as the crusade, peace, reform of the Church, and education, all couched in terms which would not give offense to national sensibilities in other countries. France and its monarch were scarcely mentioned. The second part, comprising chapters 110 to 142, was of a more confidential

nature intended for Philip’s eye alone. Here Dubois gave free rein to | his chauvinistic French patriotism, pointing out how the kingdom and ruler of France would benefit from the adoption of his proposals. He outlined a procedure which would make the French king lord of both East and West, including the Greek Empire and the

Levant. In form, the Recovery was a plea for a crusade to rescue Palestine from Moslem hands. Did Dubois genuinely desire a crusade, or was

the form of his plea nothing but a convenient vehicle for the expression of his ideas on a multitude of matters only distantly related to such an objective? A study of his ideas, viewed in the light of con-

temporary events, has convinced me that his desire for a crusade was genuine but that it was accompanied by an equally genuine desire for the aggrandizement of the French nation and its monarch. The French had played a prominent role in all previous crusades; not without good reason did Bongars entitle his collection of materials on the crusades Gesta Dei per Francos. In 1300, what other

38 Introduction European power but France could have taken the lead in a fresh crusade? If the French king should place himself at the head of such an effort, would he not fairly be entitled to realize some material gain from the expenditure of French blood and treasure? It is

unnecessary to labor the point that there was universal talk of a crusade. How much of this was genuine? That statesmen and monarchs seriously entertained the thought of an all-out effort to rescue the Holy Land is extremely doubtful, but we are concerned here

with a theorist, not a statesman. ,

After the fall of Acre (1291), most proponents of a new crusade were aware that a frontal attack on the coast of Palestine would be

doomed to almost certain failure, and turned their attention to the possibility of a flanking movement. Some of these ideas were translated into action. Only fifteen years before Dubois wrote the Recovery, Pope Nicholas IV fitted out a fleet of twenty galleys, which

united with fifteen from Henry II of Cyprus. The combined fleet made an unsuccessful attack on the coast of Asia Minor at Scandalore (the modern Alanya), and then sailed for Egypt in an equally futile attempt to take Alexandria.! Ten years later a group of wealthy

Genoese women sold their jewels to equip a fleet which was to cooperate with the Mongols, then in control of Damascus. The fleet was ready to sail in 1301, but by that time the Mongols had given up their Syrian conquests, and the project was abandoned.” As late as 1365 Peter I de Lusignan, ruler of Cyprus, attacked and plundered Alexandria but without achieving any permanent advantage

against Islam.° :

Dubois’ plan for a new crusade, despite his laudatory phrases in praise of Edward I of England, was based on the premise that the French would assume the leadership. He had a very exalted idea of the military resources of the French kingdom (chap. 112). The crusading army would be made up of volunteers and those exiled to the Holy Land as a punishment for making war upon their

: neighbors. The military ardor of such warmakers could be put to good account in fighting in the van against the infidels. Enthusiasm | 1G. Hill, A History of Cyprus (3 vols. Cambridge and New York, 1948), II, 204. 2 F. Heidelberger, Kreuzzugsversuche um die Wende des 13. Jahrhunderts (Berlin and Leipzig,

1094). |

"Bee GJ “Capitanovici, Die Eroberung von Alexandria durch Peter I von Lusignan (Berlin,

Introduction 39 among the volunteers would be stimulated by the use of uniforms, martial music, and the cheers of spectators at the place of mobilization. Rest camps would be established in the Holy Land, where the morale of the wounded and weary might be restored in a familiar environment. Financing the crusade was in his eyes a simple matter. The gifts previously showered upon the military orders would be applied to

the new crusade, supplemented by a heavy income tax on the clergy, an inheritance tax, and the seizure for that purpose of unclaimed funds in various categories. Keen enough to realize that the temporary character of previous crusading efforts had been a major factor in their failure, he urged the colonization of the Holy Land by trained and faithful Christians from the West, being careful

to point out the economic advantages of this plan to a western Europe eager for oriental products. A necessary preliminary to a successful crusade was the establishment of peace in Europe. He recognized two types of war: petty wars between feudal lords, and wars between sovereign powers. To his legalistic way of thinking, the remedy for feudal warfare was obvious. Let all men be sworn to preserve the peace; if war should break out, it must then necessarily be through the act of an aggressor. The aggressor, readily identified by his own acts, would then be subject to an economic blockade and quickly starved into surrender. Wars in Europe would cease, for no one would have the temerity to begin aggressive war in the face of such inevitable and awful punishment. Wars between sovereign powers, such as the rising national monarchs of his day, would be prevented by setting up an arbitration machinery, which Dubois described in some detail (chap. 12). A second prerequisite to a crusade was the thorough reform of the Church in head and members. After scolding the prelates for their

worldliness, avarice, and the bad example they offered to their subordinates and to the people, Dubois recommended that their temporalities be taken from them and turned over to a perpetual trust, on the ground that they were not the owners, but merely the administrators of Church property. Such properties could be administered more efficiently by secular authorities. Of the regular clergy, Dubois had some kind words for the Men-

‘40 Introduction , dicants, although he thought they should be financed in a way to make begging unnecessary. Monks in general were charged with failing to live up to their vows of poverty, chastity, and obedience. -He berated them as a dissolute and brawling lot, rebels against

| _ their superiors, and eager to amass gold and silver which they entrusted for their profit to laymen outside of the monastery. The

| vow of celibacy was depicted as nothing but a snare, unwittingly laid for them by elderly Church Fathers and honored mainly in

| the breach. Dubois recommended that monastic discipline be reestablished; that non-conventual priories, where a few monks lived in luxury and idleness, be consolidated and their income reduced to a minimum. Any surplus funds might be devoted to the benefit

for girls. , | | a

of the Holy Land. Nunneries should be strictly limited in the num- © ber of inmates; most of them might better be converted into schools Dubois wrote the Recovery before Philip’s attack on the Templars _

came out in the open; he therefore made no effort to distinguish between the Hospitalers and the Templars, but recommended that all the military orders be united into one, under new leadership. All members of such orders were to be required to live in the Holy Land; their properties in Europe were to be turned over to the schools which were to be established as an integral part of his —

proposed system of education. |

If prelates and regular clergy were in need of reform, so was the papacy. The Patrimony of St. Peter, said Dubois, was the primary cause of papal shortcomings; because of it the popes instigated and fomented wars, and were so busied with secular administrative du-

ties that they had no time for their chief duty, the care of souls. The remedy he suggested was simple but drastic, namely, to turn | the Patrimony and its revenues over to the French king in return for a guaranteed annual pension, thereby enabling the pope to

| Church. | 7 | | a |

| devote full time to his spiritual functions. Relieved of the burden

of temporal cares, he could then effect a thorough reform of the

An important feature of Dubois’ schemes was a new educational system, dissociated from existing schools and universities. He

Hospitalers.

| 4 Two years later, in his invectives against the Templars, he made no mention of the

Introduction 41 proposed the establishment of a huge foundation, the chief function of which was to be the setting up of schools for boys and for girls

in every province of France. Their primary purpose was to train the youth of both sexes for service in the East. Three points were given special emphasis: first, the mastery of modern foreign languages, without which administrative and missionary efforts in the East could scarcely succeed; second, an accelerated program of studies, so that the recommended training might be completed at an early age; third, practical experience, whether in preaching, the practice of medicine and allied vocations, or law. Separate schools were to be established for the more specialized subjects, such as civil and canon law, astronomy and the sciences, theology, and advanced work in medicine. Except for such specialized subjects, the education of girls was to

follow substantially the same pattern as that of boys, but with an emphasis on medicine and surgery. Care was also to be taken to have them well grounded in the articles of the Catholic faith. Their training completed, beautiful and accomplished young women might

be adopted as daughters and granddaughters of western princes and magnates; with the prestige of such a high social position, and

adorned at the expense of the foundation, they might readily be married off to eastern prelates and clergy, and to Saracen princes and men of wealth. Such wives would probably succeed in converting their consorts to the Roman faith; they would procure similarly trained girls as wives for their sons.

Court procedure, as well as the study of law, needed reform. A practicing lawyer himself, Dubois was well aware of the oratorical

tricks of voice and gesture by which clever attorneys sought to impress their hearers. He recommended that all pleas be reduced to writing; that in this written form they be limited to the complaint, the defendant’s rejoinder, the plaintiff’s rebuttal, and the defendant’s

surrebuttal. The judge should be empowered to reject irrelevant and superfluous matter. His proposed method, Dubois contended, would eliminate the dragging out of lawsuits, and would be particularly well suited for adoption in the soon-to-be-conquered Holy Land, where interminable quarrels would arise if each of the numerous national groups should insist on the mode of procedure customary in its native land.

42 Introduction | In the second part of the Recovery, intended only for the eyes of Philip and his close advisers, Dubois turned his attention to French problems. Although without military experience, he discussed at some length the measures to be taken in defense of the realm. As he described it, the king might at his pleasure summon his feuda-

| tories, who were obligated to render military service at their own —

, expense. In an emergency he might summon the holders of free fiefs, who were ordinarily exempt from that obligation. The next step would be the levée en masse. Finally, in the case of ultimate necessity, he might seize the property of churches and ecclesiastics.

All these steps, except the first, were justifiable only in time of a

national emergency. — So |

- Dubois contended that the king, misled by counsellors who connived at evasion of the feudal obligation, often resorted to unwar-

ranted use of emergency measures. In this way the Church was | alienated, and the additional financial burden was met—again, on the advice of incompetent or evil counsellors—by debasing the coinage, to the detriment of the king’s subjects. These evils, Dubois insisted, could be avoided very easily by the rigid enforcement of the feudal obligation. Were this done, the king would have at his | back an irresistible military force and might confidently undertake the vast projects which Dubois was urging upon him. What were these projects? In sum, they were establishment of French hegemony over the West and the East. By taking over the Patrimony of St. Peter the French king would assume suzerainty over the pope’s vassals, among whom were the kings of England, Aragon, and Sicily. The Italian cities would come under his control as a matter of course. To Sicily would be added the kingdoms of Jerusalem and Sardinia. By supporting the sons of his cousin in the

dynastic dispute in Castile he would gain the mastery over that kingdom. His sponsorship of a successful crusade would give him

control of the Holy Land. The victorious crusading army might _ return by way of Constantinople, where it would enable the king’s | brother, Charles of Valois, to take over the Greek Empire. By arrangement with the new French pope (Clement V), the German electors could be persuaded to cast their votes for a member of the

French royal house. The Arelate and the left bank of the Rhine could be obtained through friendly negotiations with the German

Introduction 43 emperor. As Dubois shrewdly foresaw, Clement V would probably appoint enough French cardinals to insure a French majority, and the papacy would remain French indefinitely. In a later pamphlet

he suggested a plan for the acquisition of Egypt. One may well conclude that if all these objectives were realized, Philip could only sigh for more worlds to conquer. A CRITICAL ESTIMATE OF DUBOIS

Of the several influences which played their part in shaping the ideas of Dubois, doubtless the most important was the law. Not only

did he receive a thorough training in the subject, but he spent a lifetime in the practice of law as a profession. From this he derived his legalistic and at times unrealistic approach to the problems with

which he concerned himself. Those who would regard him as a mere Utopian visionary should note that even his most absurd schemes were given a practical dress. Taken as a whole, his treatise does not leave the impression that he was sketching some ideal state, far beyond the realm of possibility. Every suggestion was stated in

practical terms and applied to conditions entirely familiar to his contemporaries. He anticipated the arguments of opponents and had ready a clear-cut solution for every difficulty. Not for him the idle philosophical musing about the two swords, or the sun and moon, analogies which loom so large in the political writings of his great contemporary, Dante. Dubois was always down to earth; he

spoke in practical terms readily grasped by common-sense individuals. A second influence, in its way contradictory to the first, was the

speculative scholastic philosophy which he imbibed during his student days at Paris.! The disputations in the university forums, in which he undoubtedly participated, sharpened his argumentative powers so necessary to the practice of his profession. It was probably there that he learned the use of the syllogism, which he employed from time to time to drive home an argument. There he listened to 1 He does not seem to have acquired the schoolman’s habit of systematic exposition. In the De recuperatione he will begin to discuss a topic, and then fly off at a tangent to give his ideas on something only remotely connected with the subject. After the digression he may return to the original topic. As a consequence there is a good deal of repetition and inconsistency, for he does not always remember his earlier statements.

44 Introduction the lectures of the greatest schoolman of them all, Thomas Aquinas.

But Dubois, never a profound thinker, apparently lacked sufficient philosophical insight to grasp the implications of Thomistic philos-

ophy; having quoted Thomas by name with approval, he later — quotes with equal approval Siger de Brabant, the representative of a school of thought at variance with that of Thomas.”

During his stay at Paris Dubois was a member of the Norman nation at the University. In the controversy then raging between | opposing schools of philosophy, the Norman nation generally took the part of the Averroists, who were ably represented by Siger de | Brabant. In his sketch of a proposed course of study in the natural

years. |

sciences he specifically recommended Siger’s writings (chap. 72), and elsewhere cited him as an authoritative interpreter of Aristotle

(chap. 132). The rationalism of the Averroist school of thought provided a third influence affecting Dubois during his formative

| Our practical-minded lawyer was in the fourth place strongly influenced by the ‘experience school’ of which Roger Bacon wasan exponent. He may possibly have known Bacon personally; at any

| event he displayed a considerable knowledge of the friar’s writings, some of which he cited by title and author’s name. Bacon seems

| to have received little attention in his own age; Dubois, although | a layman in the field of philosophy, is one of his very few contemporaries who quoted him by name and showed evidence of having read him. That he was profoundly influenced by Bacon’s ideas is indicated by his repeated insistence on the value of practical experience, on the desirability of compressing the current voluminous | textbooks and commentaries within a reasonable compass, and on

_ the practical value of a knowledge of modern languages.? He also agreed with Bacon on the value of a study of science and mathe_ - matics, even to the point of recommending Bacon’s fantastic sug-

gestion for the use of mirrors in warfare (chap. 84). | Finally, in contrast to the practical ‘experience school’ of Roger | 2 He refers to Thomas as ‘that wisest friar’ (chap. 63). Siger is cited by name as ‘that _

, most eminent doctor of philosophy’ (chap. 132). | oe

8 Bacon was by no means the only one in that age to propound these ideas. However, since Dubois referred directly to Bacon and his writings, it seems reasonable to infer that he drew these ideas from Bacon, rather than from other representatives of the “experience school,’ such as Robert Grosseteste, Peter of Spain, William of Auvergne,

| and Albertus Magnus. . | | 7

Introduction | 45 Bacon, Dubois came under the influence of the chimerical ideas of Raymond Lull. That the two may have been personally acquainted is possible; during Dubois’ lifetime Lull spent twenty-five years publicizing his ideas, largely in France. He was present at the Council of Vienne in 1311, where he succeeded in winning approval of his

plan for the study of oriental languages at the Roman curia and at the universities. Lull would have modern languages studied for their use in missionary activity, while Dubois would use them more

for the aggrandizement of France. Both had in mind a practical use for languages, while Bacon, equally insistent on their study, thought primarily of their philological value. Lull’s approach was that of a scholastic. His Liber de acquisitione Terrae Sanctae, addressed

to Philip [V in 1309, began, ‘For acquiring the Holy Land three things are essential: wisdom, power, and charity.’ The Luber natalis,

also addressed to Philip in 1311, opened with a description of six allegorical women, who lavished praise on Philip; through him Lull’s plans might be realized, namely, the suppression of Averroism,

the increase of the Church’s prestige, conversion of the infidels, and defeat of the Moslems. Such an approach would have been unthinkable to Dubois.®

These differing influences, clearly traceable in Dubois, are evidence that he was in touch with all the important trends of thought in his age. From these varying and often mutually contradictory influences he drew what he judged would best further his objectives. Yet he was far from being a mere copyist of others’ ideas. He showed surprising independence of thought, a readiness to differ from his reverently quoted authorities. He was a lawyer who had grown wealthy through participating in the long-drawnout and cumbersome legal procedure of the time, yet he advocated legal reforms which he acknowledged would entail financial loss for the members of his profession. He had great respect for laws and legal precedents, but he upheld the right and duty to alter the law, 4 J. Delaville le Roulx, La France en Orient au XIVe siécle (2 vols.; Paris, 1886), I, 30. The statute of the council providing for the study of oriental languages is translated in Thorndike, University Records, pp. 149 f.

5 See Histoire littéraire, XXX, 41 f., for a comparison of the two men. It is difficult to determine whether Dubois borrowed from Lull, or Lull from Dubois. Lull’s two treatises mentioned above were written after the Summaria and the De recuperatione. A reasonable conclusion seems to be that both men, in their different ways, were expressing ideas current at the time.

: 46 | — _[ntroduction | , and offered his services to revise existing laws by eliminating what

| was obsolete and contradictory. Although trained in scholasticism at Paris, he expressed impatience with the refined subtleties of the schoolmen. He proclaimed himself a pupil of Siger de Brabant and _

, his ideas bear the imprint of Averroism, but he refused to follow . Siger and the Averroists in their denial of individual merit, personal | responsibility, and man’s free will. In science and mathematics he quoted Roger Bacon with respect, but his expressed sentiments on

| law and jurisprudence conflicted sharply with those of the friar, who regarded the jurists as a hindrance to the advancement of learning. Raymond Lull proposed a formula for enabling a person to acquire all knowledge; Dubois emphasized at some length the impossibility

| of acquiring all knowledge (chap. 84). Lull was an implacable foe of Averroism; Dubois evinced a hospitable attitude toward a num-

ber of Averroist ideas. __ , , Other contemporaries cited by Dubois are Albertus Magnus and Hermann the German, translator of Aristotle’s Ethics. In common with most medieval writers, Dubois never cited a living author by name; Raymond Lull, for example, is not mentioned, although it is evident that Dubois was acquainted with his ideas. In the same category is Aegidius Romanus,* whose De regimine principum was dedicated to Philip IV shortly before that young monarch ascended _

the throne. Soon after his coronation Philip ordered the treatise - to be translated into French. Aegidius was on terms of close intimacy

| with Philip, a relationship that was not seriously disturbed by the appearance of his pro-Boniface tract, De ecclesiastica potestate, during

the king’s quarrel with the pope. It is therefore probable that Dubois knew of the earlier treatise, an assumption which is strengthened by _

certain similarities of thought and expression.”

oo Older authorities cited by Dubois are principally Aristotle, the Bible, and civil and canon law, with a few quotations from the

, classics. That he quoted from memory is obvious, for the same passage is sometimes cited with verbal changes. Of the Aristotelian _ corpus, his favorites were the Nicomachean Ethics and the Politics. It is 8 Aegidius, connected with the Colonna family, was born at Rome in 1247, studied under Thomas Aquinas at Paris, and became general of the Augustinian Order in 1292. | Three years later he became archbishop of Bourges. He died at Avignon in 1316 (Zeck,

Der Publizist, p. 110, n. 78).

7 . 7 Compare, for example, De regimine 1. xv with the De recuperatione, chaps. 1 and 118.

Introduction 47 impossible to judge his accuracy, since we have no way of deter-

mining what manuscripts of Aristotle he used, and it would be unfair to hold him to a modern carefully edited text.* This much may be said: He often cited the particular Aristotelian work, and in a few instances his quotation proves to be from another treatise than the one cited. Now and then he combined widely separated Aristote-

lian phrases into a single statement, even adding interpolations which are clearly his own. One is led to suspect a display of learning

in these numerous quotations, for they do not always have any direct bearing upon the matter under discussion. His scriptural quotations conform very closely to a modern edition

of the Vulgate. The slight verbal discrepancies which appear in a few passages may be accounted for by the efficiency of modern ecclesiastical editors of the Vulgate. In one or two instances Dubois interpolated a phrase of his own in the middle of a biblical passage, and at times he jumbled together isolated passages. The Old Testament is occasionally cited by book or author, but with one exception the New Testament is cited vaguely under the terms ‘the Apostle,’ ‘the Lord,’ or ‘the Savior.’ The only error in scriptural citation which I have noted is the attribution of a passage from Acts to ‘the Gospel.’ The same standard of accuracy prevails in his quotations from canon

law, where he deviated in only a few instances from the text as it appears in the modern edition of Friedberg. In the places where he took the trouble to identify specifically the particular canon cited,

I have found him to be invariably correct. Citations of civil law are divided equally between the Digest and the Novellae, to both of which he referred impartially as ‘civil law.’ His standard of accuracy in citing civil law is inferior to that displayed in the case of Scripture and canon law. In at least one instance (chap. 124) he credited civil law with a quotation which ts in fact from the Nicomachean Ethics, a confusion which may possibly account for my inability to identify the source of a few such citations.

Dubois strove mightily to gain entry into the circle of Philip’s intimate advisers. Proof of his lack of success in these efforts is to be found in his own words: First, he repeatedly stated that he was sending this or that tract to some friend at court to be forwarded 8 It is superfluous to point out that Dubois knew no Greek; he used the Latin versions current in his day.

4B Introduction _ | | to the king (chaps. 111, 117). Second, he time and again offered his services to organize some proposed reform.® A member of Phioo lip’s intimate circle would scarcely adopt such a method of approach.

, | Third, although he at times showed a fairly good knowledge of what was going on at court, both in the Summaria and in the Recovery

_ (chap. 116) he read into the Vaucouleurs agreement between - Philip IV and Emperor Albert terms which were far from the

thoughts of either monarch. A trusted counsellor might make that mistake once, but he would hardly repeat the error six years later in a confidential memoir. Fourth, he berated the king’s advisers

| ; for misleading him in military affairs (chaps. 128, 129), and held them responsible for Philip’s ill-advised debasement of the coinage. A member of the royal council would scarcely use such means for

i bringing the shortcomings of his colleagues to the king’s attention. Finally, the names of Philip’s known intimates, such as Plasian, _ Pierre Flotte, and William of Nogaret, appear on official state pa-

| pers; Dubois’ name never so appears. | , In championing his numerous reform proposals, Dubois showed

| | the courage of his convictions. When reading the Summaria one might judge from his words that the breach between Philip and Boniface was already far advanced. This tract, however, was composed in 1300, before the final conflict had been precipitated by

7 the bull Ausculta fili and at a time when Boniface was at the height of his power. During the very months in which thousands of pil-

, grims were flocking to Rome to kneel before the successor of St.

, Peter, Dubois was proposing that the Patrimony of St. Peter be confiscated and that the pope be content with an annual pension.!2

- Despite his expressions of loyalty to the king, whose power would | be so greatly enhanced by the success of Dubois’ proposals, the Norman lawyer did not hesitate to criticise the king for following

_ unwise counsel. Philip was warned to administer his kingdom not for his own benefit but for that of his subjects. He was further told | in plain words that his laxity in enforcing feudal obligations was , seriously injuring his subjects (chaps. 128, 129). Dubois was not — Oo always consistent in his boldness, however; not until. Philip had

® Chaps. 96, 100; Summaria, fol. 34 r (Kampf, p. 57). , OS

10 Fol. 3 (Kampf, p. 5). oe

= 1 Chap. 136; Summaria, fol. 320 (Kampf, p. 55). oe a |

12 Summaria, fol. 77 (Kampf, p. 12). ,

Introduction AQ pointed the way did he come out for the abolition of the Templar Order. The very boldness and far-reaching nature of many of his proposals makes it quite clear that Dubois fell short of being a statesman. His suggestions for the expansion of French power reveal his lack of a clear-sighted understanding of the realities of European politics.

No true statesman would have been naive enough to suppose that the cession of the kingdom of Arles and the left bank of the Rhine could be gained by friendly negotiation with the emperor. Equally naive was his belief that most problems might be solved by the simple

expedient of getting the pope under French control and then using the pope’s influence to further the interests of France and its monarch. He was keenly aware of the disaster which befell the French arms on the expedition against Aragon in 1285; yet he could write

glibly of the ease with which Philip might subdue the Lombard towns, without even a passing reference to the king’s difficulties with the towns of Flanders—a situation which must have been within his knowledge. In the matter of historical criticism Dubois showed himself at his worst, failing to rise above the credulity and inaccuracy so characteristic of medieval writers. His knowledge of contemporary history was far inferior to that of Dante. He dedicated his treatise to Edward I, but showed little knowledge of England beyond considering it as

a papal fief.13 When dealing with the history of the past he was guilty of a number of absurdities. He referred to Charlemagne as having reigned for one hundred and twenty-five years, and regarded him as the lineal ancestor of the French king. Perhaps he should be forgiven for accepting the myth of Charlemagne’s crusade to Jerusa-

lem, a legend which persisted down to modern times. Saladin is mentioned as the king of the Assyrians, and Barbarossa is credited 13 In the Summaria (fol. 230; Kampf, p. 39), where he discussed the encroachment of ecclesiastical jurisdiction on the temporal authority of the king, he commented on English practices: ‘... and hitherto such offenses have ultimately gone unpunished [in France], although the justices of the lord king of England for far lesser excesses have been accustomed to thrust into the royal prison archbishops and other prelates of his kingdom, and their officials, the lord pope acquiescing. And he to whom the supreme dominion of the kingdom of England is said to pertain, whose seal signifies that he is lord king of England, when anyone brings suit against him in that king’s court and he is held for damages, as frequently happens, is accustomed to liquidate the damages by putting up one hundred marks of silver to be devoted to the use of the poor through his charity.’

50 | Introduction | with the conquest of many lands held by that ‘Assyrian’ monarch.

. He accepted without question much of the superstition and folklore of his age. He believed that the Saracens in the Holy Land were assisted by a host of demons, whose complete knowledge of past

events gave them a wisdom unattainable by mortal men. Satan, __ who controlled this vast army, was portrayed as fighting vigorously

7 against Christians in general and against Dubois’ ideas in particular. He held that the thoughts and actions of men were strongly in-

| fluenced by the stars and the movement of the heavens, although - fortunately these forces were unable to constrain man’s free will or a to nullify his power to think rationally. France, and more especially Paris, was pictured as being under a favorable conjunction of the heavenly bodies; men begotten and reared there were superior

| to all other peoples. Hence it was the duty of the French king to remain at home to beget sons in this favorable environment and not to risk the present and the future by undertaking to campaign in person in distant lands. Such sentiments were no doubt in-

| spired in part by Dubois’ excessive French patriotism; it is often | difficult to determine the point at which his astrology gives way to

- his chauvinism. , | | a | 7 | PRECEDENTS FOR DUBOIS’ IDEAS? |

| Were the ideas expressed by this Norman lawyer representative of his age, or was he a genius whose proposals were more in harmony

- with the centuries to come? Renan spoke of his ‘idées originales,

| , pénétrantes, hardies, sortant si complément de la routine du temps.”2 | J. N. Figgis pictured him as being far in advance of contemporary _ thought: ‘Dubois in his wealth of audacity, in the daring and wide- |

reaching nature of his schemes, in the ability with which they are commended, in the ingenuity with which the greatness of France | a and her monarch is made the pivot of ecclesiastical reform and the - Christianization of the world, would seem rather similar to revolu-

| | tionary idealists such as Robespierre or Lassalle, than the purblind

and parchment-bound legist of the thirteenth and fourteenth cen| 1 The substance of this section of the Introduction was more fully set forth in my article, | ‘Pierre Dubois: Modern or Medieval?,’ American Historical Review, XXXV (1930), 2 ePicrre Du Bois, Légiste,’ Histoire littéraire, XX VI, 486. ,

Introduction 51 turies, such as we have been taught to imagine him.’® Delaville le Roulx regarded him as the one who inspired Philip’s policies.4 Miss Eileen Power could say of him, “The most daring and original of them all, he is so modern that he seems to be writing for a Louis XIV, or a Napoleon.’® At first sight many of his ideas do seem out of character in a man whose life span covered the second half of the thirteenth century. However, if we turn to the writings of his contemporaries and near predecessors and to the age in which they lived, we find that nearly every one of his ideas, striking and unusual though many of them appear to be, had already been expressed by others. Now and then he advanced some familiar concept a step further, giving it a new application. This was to be expected. No age is completely stagnant intellectually; certainly the thirteenth and fourteenth centuries were not. If to be representative of an age is to give expression to a wide variety of ideas and concepts which were current at the time, then Dubois was such a representative of his generation. His ‘striking originality’ and ‘modernity’ prove to be a myth. The central theme of his 1306 tract was the recovery of the Holy Land. For recruiting a crusading army, Dubois had nothing better to offer than a volunteer system (chap. 107), supplemented by the enforced enlistment of those who disturbed the peace of Europe. The volunteer system he advocated differed little from that followed in all previous crusades, wherein enlistment had been stimulated by preachers, such as Bernard of Clairvaux in preparation for the Second Crusade. Service in Palestine as a punishment for misdeeds had been advocated as far back as the eleventh century.* His pro-

posal that the crusading army be organized into groups of one hundred with a centurion in command of each (chaps. 23, 24) was similar to Frederick Barbarossa’s plan for groups of fifty men, each

with its leader.’ There was nothing new in martial music as an 8 “A Forgotten Radical,’ Cambridge Review, XXI (1900), 374. 4 La France en Orient, I, 48.

5 ‘Pierre Du Bois and the Domination of France,’ in F. J. C. Hearnshaw, ed., The

Social and Political Ideas of Some Great Mediaeval Thinkers (London, 1923), p. 141.

6 See below, p. 53, n. 14.

7In the Appendix, chap. 6, Dubois changed the number to five hundred (quinque centum). L. Bréhier, L’Eglise et l’Orient au moyen Gge, (4th ed.; Paris, 1921), p. 121, evidently relying on Ansbert, Historia de expeditione Friderici imperatoris, states that Frederick used groups of five hundred. Bréhier seems to have mistakenly read guingentenarios for quinquagenarios. ‘The text of Ansbert in MGH, Seriptores rerum Germanicarum, new

52 | — Introduction | | | uplifter of morale. His recommendation that the crusaders be arrayed in uniforms had been anticipated by the English at Ghent in

1297, and by the Flemish burghers at Courtrai in 1302.8 King Charles IT of Sicily in 1292 proposed a plan for a crusade, which

included a detailed description of the uniform with which he pro-

oo posed that crusading armies be equipped.® The proposed rest camps

| for restoring army morale after battle (chap. 20) were merely the | _ adaptation of a principle long since applied by the Teutonic Order.1° With the fall of Acre in 1291 no great power of discernment was

| _ needed to realize that an important factor in the loss of Palestine — , by the western Christians was their failure actually to occupy the country. Too many of the crusaders, their vow to visit the Holy Sepulchre accomplished, promptly returned home. Dubois would make the conquest permanent by encouraging westerners to settle

in the Holy Land. This thought had already been anticipated to a degree by the Italian cities—avid for a share in the profitable com-

merce of the Levant—who bargained with the crusaders for the cession of areas within the newly conquered territory.“ The Fourth series, V, 46, reads guinquagenarios, which would imply groups of fifty. This is supported

| by Ansbert’s use in the same sentence of the term pfentarchos, in this context a shortened

Latinized form of the Greek term meaning a leader of fifty men. oe

8 A Flemish chronicler noted that the English army in Ghent in 1297 went about in the winter time with knees bare, attired in red coats (Lodewyk van Velthem, Spiegel historiael, IV, li, p. 215, cited by Funck-Brentano, Mémoires présentés... a lV’ Académie des inscriptions, .

sér. 1, X [1893], 267). At Courtrai, Ypres provided a force of five hundred men-atarms dressed in red, and seven hundred arbalesters in black corselets (Chronicon comitum Flandrensium, in Corpus chronicorum Flandriae, ed. J. J. de Smet [4 vols.; Brussels, 1837-65],

® Delaville le Roulx, I, 19, n. 1.

. I, 168; J. Kervyn de Lettenhove, Histoire de Flandre [6 vols.; Brussels, 1847-50], I, 457). 10 The success of the First Crusade greatly stimulated pilgrimages to the Holy Land.

| About 1118 a pious German couple resident in Jerusalem erected a hospice for the

reception of German pilgrims. This foundation eventually developed into the Teutonic Order, which had ample opportunity to care for sick and wounded Germans after the disaster which befell Barbarossa’s expedition in the Third Crusade. Unlike the Templars and Hospitalers, the ‘Teutonic Knights maintained a national character from the start

(H. Prutz, Die geistlichen Ritterorden [Berlin, 1908], pp. 62 f.). |

7 , 11 These bargains were numerous. Among them may be cited the treaty of Baldwin I with the Genoese in 1104, by which the latter were to receive one third of each of three conquered cities, as well as a quarter of Jerusalem and Jaffa (W. Heyd, Histoire du commerce du Levant au moyen dge, ed. F. Raynaud [2 vols.; Leipzig, 1885-86], I, 138). In

| 1123 the Venetians made a similar bargain with Baldwin II, whereby they were to

| | receive one third of the city of Tyre and certain concessions in every city belonging to

_ the king or to one of his barons (ibid., I, 144). It was not at all unusual for subordinates

a of the great Italian merchants to remain in Syria for years, or even to take up permanent residence there (E. H. Byrne, ‘Genoese Trade with Syria in the Twelfth Century,’

American Historical Review, XXV [1920], 191-219). -

Introduction 53 Crusade, while not precisely a colonizing venture, resulted in the

establishment of Latin states in the Near East which lasted for generations. The military orders, with their permanent establishments in Palestine, were an earlier counterpart of the garrisons with which Dubois proposed to protect the Holy Land against any future Saracen resurgence (chaps. 104, 108). When he wrote of the econom-

ic advantages to be gained by the conquest of Palestine, he was merely seeking for France a substantial share in the trade which had long been enriching the Italian cities. The commercial advantages to be gained by a flanking attack on Egypt had already been pointed out by a Franciscan friar, Fidence of Padua, in 1292.) In common with many who had given the matter careful consideration, Dubois realized full well that no fresh crusade could possibly hope to succeed as long as the peace of Europe was constantly being disturbed by warring feudal lords.!° His suggestions for preventing such warfare were almost identical with the plan proposed early in the eleventh century: the Peace of God, which included the provision for an oath-bound league of peace and the exile of warmakers to the Holy Land. In 1023, at a conference at Mouzon, Robert the Pious of France and Emperor Henry II discussed the idea of a universal peace pact common to France, Ger-

many, and eventually to all Christendom. Disputes between sovereign princes were to be settled by arbitra12 Delaville le Roulx, I, 21. 183 Tn 12991 Nicholas IV asked the French clergy to aid in rescuing the Holy Land.

Assembled in a synod, they replied that to preach a new crusade would be futile as long as Christian princes were at war with one another and the peace of Christendom was being disturbed by the hatred of Greek schismatics for Latin Christians (Delaville le Roulx, I, 14 f.). 14 About the year 1000, at Poitiers, the Church organized a league of peace, including both clergy and lay lords, which provided for united action against anyone who should flout the peace (E. Lavisse, ed., Histoire de France depuis les origines jusqu’a la Révolution

[9 vols. in 18; Paris, 1900-11], II, Part II, 134). In 1038 Archbishop Aymo of Bourges assembled his bishops in a synod which directed that every Christian of the age of fifteen or older should be bound by oath to oppose any infringement of the peace, by force of arms if necessary. Not even clergymen were exempted from this obligation, but were required to lead their people in battle against peace violators with banners flying. The archbishop actually led into battle a force which included more than seven hundred clerics (C. Hefele, Conciliengeschichte [2nd ed.; 6 vols.; Freiburg, 1873-90], IV, 698). In

1041 a letter was addressed by certain French prelates to the Italian clergy, asking

them to join in the Truce of God already established in France. The French pact

referred to provided that anyone who committed a murder on the days of the Truce of God should be outlawed and condemned to a long exile in Jerusalem (ibid., IV, 699). 15 Gesta episcoporum Cameracensium i. xxxvil, in MGH, Seriptores, VII, 480.

| 54 _ Introduction ae , tion. Dubois here contributed an idea that seems to be without any | clear precedent, namely, that the council of clerics and laymen was

| to appoint a board of arbitration. While he did not say so specifi, cally, one may infer that Dubois intended this board to be permanent. Earlier efforts at the arbitration of such disputes had usually _ been brought about through the appointment by the disputants of _

, one or more individuals to arbitrate between them.!* There was ample precedent for arbitration as a principle, whether by voluntary

act of the parties concerned or by interposition of some superior power. In a letter to the French clergy in 1204, Innocent ITI defended his right to arbitrate between the kings of England and France,

| although he was careful to disavow any attempt to question the _ French king’s authority.!” In 1246 Louis [IX and the legate Eudes of Chateauroux were designated as arbitrators to settle the question of the succession to Flanders and Hainault.!* In 1263 Henry III and his barons submitted their quarrel over the Provisions of Oxford

to the arbitrament of Louis IX.!® Finally, Dubois must certainly have been aware of the fact that only seven years before he wrote the Recovery, Boniface VIII had acted as arbitrator between Philip IV

and Edward I. , oe |

In advocating ecclesiastical reforms Dubois was onfamiliar ground. _

He repeated the well-known charges of worldliness, simony, avarice, and immorality, all of which—and more—may be found in the writings of churchmen of impeccable orthodoxy.” Worldliness, _ 16 On June 3, 1198, Innocent III wrote to Archbishop Walter of Rouen that Philip

_. Augustus and Richard Lionheart had agreed to the appointment of four clerics to_ | arbitrate between them (T. Rymer, Foedera, conventiones, litterae, et cujuscunque generis acta publica inter reges Angliae et alios, ed. Clarke and Holbrooke [4 vols. in 7; London, 1816-

[rg11], 41). 7 | | |

69], I, Part I, 70). In 1244 Frederick II and InnocentIV agreed to submit their differ-

, ences to arbitration by the Parlement of Paris (M. R. Vesnitch, “Deux précurseurs

francais du pacifisme et de l’arbitrage internationale,’ Revue d’histoire diplomatique, XXV

17 Corp. jur. can., Decretal. Greg. [X, Lib. II. Tit. 1. cap. 13 (IT, 242 ff). 18 Lavisse, ed., Histoire de France, III, Part II, go. | 19 T. F.-Tout, History of England from the Accession of Henry III to the Death of Edward III.

(London, 1905), pp. 112 ff.” - ,

20 Philip and Edward, who had recently been quarreling with Boniface, were of no | mind to acknowledge papal intervention in their war, but appealed to Boniface in his character as a private individual. Nevertheless Boniface promulgated his award in the

-VHI, Vol. II, No. 2826). oo | | . | form of a solem bull (Digard, Philippe le Bel et le Saint-Siége, 1, 364; Registres de Boniface

#1 In 1308 Augustinus Triumphus composed his Tractatus contra articulos inventos, which = gives quite as dark a picture of the curia and the papacy as Dubois did (H. Finke, Aus

; den Tagen Bonifaz VIII [Miinster, 1902], pp. Ixix—xcix).

Introduction 55 he contended, would be eliminated by requiring the clergy to turn their temporalities over to a perpetual trust, retaining a share of

the income. This trust should be administered by laymen, who would be more efficient and more readily held to account than ecclesiastics (chaps. 52, 53). A precedent for the conduct of the secular affairs of ecclesiastics by laymen had long since been set by the negociatores ecclesiae, the widely traveled commercial agents of the

monasteries, whose inmates were discouraged from journeying on secular business.2? Suggestions for the outright confiscation of eccle-

silastical property were made during the investiture struggle; Pope

Paschal II formally proposed to Henry V that the clergy should relinquish all governmental powers and privileges which they owed to secular monarchs. This would have involved the surrender of all ecclesiastical property not actually comprised in the ‘offerings and hereditary possessions’ of the churches.?8 Gerhoh von Reichersberg (fl. 1150) held that a prince had the right to deprive a prelate of his

domains for any infraction of the feudal obligation. As for the Patrimony of St. Peter, in 1273 ambassadors of Philip IIT proposed

to Gregory X that it be administered by some strong monarch; Gregory replied that he would welcome such an arrangement and that the French king would be a suitable administrator.”° The history of monasticism is replete with efforts at reform. Many of the orders founded during the Middle Ages were established with

that in mind.?® When Dubois proposed the dissolution of nonconventual priories and the application of their assets to the succor of the Holy Land (chaps. 54-57), he was merely echoing the specific

recommendations made by Humbert, general of the Dominican Order, in his Liber de tractandis in concilio Lugdunensi, written for consideration by the Council of Lyons in 1274.7” At some time prior 22 J. W. Thompson, An Economic and Social History of the Middle Ages (300-1300) (New

York and London, 1928), p. 147. 23 MGH, Leges, II, 68 f. 24° W. Ribbeck, ‘Noch einmal Gerhoh von Reichersberg,’ Forschungen zur deutschen Geschichte, XXV (1885), 560 f. 28 Documents historiques inédits, ed. Champollion-Figeac et al. (4 vols.; Paris, 1841-48),

7 go ‘for example, the touching letter which St. Bernard of Clairvaux wrote to his cousin Robert, a young monk who had deserted the stern discipline of Clairvaux for the easier life at Cluny (H. O. Taylor, The Mediaeval Mind [3d Amer. ed.; 2 vols.; New York, rg1g], I, 411 fi). 27 Scholz, Publizistik, p. 402; see also K. Michel, Das Opus tripartitum des Humberius de Romanis (2d ed.; Graz, 1926).

56 | Introduction ) to the convening of the Council of Vienne in 1311, William Duranti repeated the suggestion in his Tractatus de modo celebrandi concilii et corruptelis in ecclesia reformandis.*8 Dubois’ proposal to turn nunneries

into girls’ schools (chap. 102) did not involve their dissolution. In fact, it was probably an adaptation of existing practice. Grammar schools connected with monasteries were not unusual; they were secular schools, taught by secular masters, and were quite distinct from the schools for monks.?® It seems probable that similar schools

for girls were connected with nunneries. . |

His disparagement of clerical celibacy had the support of a considerable body of French public opinion, if we may take as evidence

the sentiments expressed in the second part of the popular and widely read Roman de la rose, which a certain cleric was writing about 1300. Arnold of Villanova, physician to Boniface VIII, came out strongly against clerical celibacy.®® During the course of the

| struggle between Philip and the pope there was in circulation an obvious forgery, Quia nonnulli, purporting to be a bull issued by Boniface, comprising a fiery attack on clerical celibacy and recommending the marriage of clerics from pope to parish priest as _ biblical.3! These proposals to liberalize the prevailing official posi- —

tion on clerical marriage were probably stimulated by the current _

| talk of reunion with the Greek Church, whose clergy did not prac- | tice celibacy. William Duranti, citing the New Testament, proposed | that the Council of Vienne give serious consideration to the possible abolition of clerical celibacy and the adoption of the principle long

common in the Greek Church.®? | |

Not until Philip IV brought his attack on the Templars into the open did Dubois venture to suggest the abolition of the order. Prior _

| to 1308 he limited himself to suggestions for the consolidation of — all the military orders and the confiscation of their property in the

West. Numerous precedents may be cited for such proposals. In | 1229 Frederick II drove the Templars out of Sicily and confiscated

| 8 Scholz, Publizistik, p. 402. | On 28 H. Rashdall, The Universities of Europe in the Middle Ages, ed. F. M. Powicke and

A. B. Emden (3 vols.; Oxford, 1936), III, 348, n. 2. . |

_ 8° See the passage cited in Finke, Aus den Tagen Bonifaz VIII, p. clxxili. 81 Scholz, Publizistik, p. 407; text of the forgery in J. Kervyn de Lettenhove, ‘Etudes sur — Phistoire du XIIIe siécle,’ Mémoires de l’ Académie royale ... des sciences, des lettres et des

beaux-arts de Belgique, classe des lettres, XXVIII (1854), 84, n. 2. oe

82 Scholz, Publizistik, p. 406 and n. 118. , ,

Introduction 57 their goods; when he later recalled them he failed to return their property.®* Consolidation of the military orders was proposed by Gregory X at the Council of Lyons in 1274. In August, 1291, on hearing the news from Acre, Nicholas IV directed the patriarchs and archbishops to hold provincial synods where the matter of the consolidation of the orders should be discussed.*5 When he requested

a subvention for a new crusade from the German bishops, they expressed their approval of the project for the consolidation of the Templars, Hospitalers, and the Teutonic Knights into a single order on the ground that the fall of Acre was the result of their quarrels.* Raymond Lull repeatedly proposed consolidation.®” Charles IT, king

of Sicily, proposed it in 1292.°° The only new thought contributed

by Dubois in the matter was his suggestion that the confiscated property of these orders be devoted to the schools whose establishment he was advocating as a central feature of his plan for recovering

and maintaining the Holy Land. |

His proposal for the foundation of schools to prepare western youth of both sexes for service in the Near East was new rather in degree than in concept. Such service was to be partly administrative, partly missionary. Others had considered the missionary aspect. On June 22, 1248, Innocent IV directed a bull to the chancellor of the University of Paris as formal notification that certain youths

versed in oriental languages were to be sent to the University for instruction in theology, after which they might be sent to the Orient to instruct others in the true faith.2® That this project was actually

attempted is indicated by the fact that on the same date Innocent released the abbot and monks of St. Pére de Chartres from the obligation to contribute funds toward the support of these youths.*° 33 Lizerand, Clément V et Philippe le Bel, p. 81. 34 Scholz, Publizistik, p. 405; Histoire littéraire, XX VII, 385. 35 A. Potthast, ed., Regesta pontificum Romanorum, inde ab anno post Christum natum 1198

ad annum 1304 (2 vols.; Berlin, 1874-75), II, Nos. 23781, 23784, 23786, 23787, 23803, etc. Nicholas IV specifically stated that the communis vox demanded the consolidation. 86 Eberhard, archdeacon of Ratisbon, Annales sub an. 1291,in MGH, Scriptores, XVII, 594. 87 Scholz, Publizistik, pp. 405f., cites five separate pamphlets by Lull advocating consolidation. 38 Delaville le Roulx, I, 17 f.; Heidelberger, Kreuzzugsversuche, pp. 6 f., n. 23. 89 Chartularium universitatis Parisiensis, ed. H. Denifle and E. Chatelain (4 vols.; Paris, 1889-97), I, 212. £0 Potthast, ed., Regesta, I, No. 12966.

58 Introduction | , _ He also commissioned an embassy of Franciscans to the Tatars to

| instruct them in the Christian faith.” , . Grammar schools of the general type advocated by Dubois existed

| in every university town, as well as other important centers, but their primary function was to furnish elementary instruction as a preparation for university study. Such schools were often, but not always, under university jurisdiction. Similar schools for girls were to be found in Paris; the Chanter of Notre Dame exercised jurisdiction over them, granting licenses to the masters of boys’ schools and

| the mistresses of girls’ schools. Rashdall cites a list of forty-two

| masters and twenty-one mistresses so licensed." a

Dubois was dissatisfied with existing schools, but his pro-—

| posed curriculum failed to embody any drastic changes; it was a virtually identical with the current course of study at the University

of Paris. The textbooks which he recommended by name (chap. 71) were the conventional ones then in general use. An exception was |

| his mention of Bacon’s work on mathematics.** He criticized some of these textbooks for their prolixity, recommending that they be condensed to save the students both time and money. The very fact that he mentioned a few such abbreviated versions of well-known —

books is evidence that others before him had attempted a similar |

| solution. Obsessed with the importance of practical experience, a principle which he probably derived from Roger Bacon, he would _

| accelerate the program of studies to a degree which would enable the student to complete his theoretical education at an early age. One feature of the curriculum to which he gave special emphasis

was the study of modern foreign languages spoken in the East, especially Greek and Arabic. Efforts in this direction had been made earlier, although not on the comprehensive scale advocated by Du-

bois. In 1254 a school for the study of Latin and Arabic was established at Seville. About 1275 Raymond Lull persuaded the king

| of Majorca to erect a monastery sufficiently endowed to support _ thirteen Friars Minor, who were to study Arabic with a view to | missionary work among the infidels. Having acquired some knowl-_

41 Tbid., I, No. 11571. 7 - 7 ,

_ 42 Rashdall, Universities, III, 345 and n. 3. 7

thePublizistik, Opus maius. | . ]:oe_. | : **of Scholz, p. 403, n. 222.

48 Dubois twice referred to it as Bacon’s On the Uses of Mathematics; it comprises Part IV.

Introduction 59 edge of Arabic from an Arab slave, the brethren went to Africa, but were driven out by the Moslems.*® The third Dominican gener-

al, Raymond of Pefiaforte, established schools in African and Spanish monasteries for this purpose. Another Dominican general, Raymond Martini, was famous for his knowledge of Hebrew, Chaldean, and Arabic. He even wrote a theological work against Islam in Arabic.*¢ Roger Bacon, whose interest in modern languages was

more philological than missionary, devoted Part III of his Opus maius to that topic, and composed a Greek grammar.*’ In the education of women Dubois was a step or two in advance of his contemporaries. The existence of grammar schools for girls has been noted above, but women were excluded from the universities, which enjoyed a monopoly of regular higher education. ‘Those who desired more than an elementary education usually had recourse to private tutors.*8 A few instances may be cited of women who acquired

a good education, as, for example, Hrotsvitha of Gandersheim in the tenth century, and Heloise in the twelfth, but these are exceptional. Among the lay teachers at Florence in 1304 was a married woman, Clementia, who carried the title doctrix puerorum and taught the rudiments of Latin.*® It was quite usual for women of the nobility to acquire some elementary training in medicine and surgery. Dubois would have girls regularly admitted to his training schools for service in the East; they would be offered approximately

the same course of study as that pursued by the boys but with an emphasis on medicine, surgery, and the elements of the Catholic faith. He admitted, however, that their ability to absorb such train-

ing was limited, and he did not suggest that they be admitted into his advanced schools for medicine, science, law, and theology.

His proposal that they marry Greek clergy and Saracens in order to convert them seems to have been an effort to reverse the example

of Solomon, to which he referred in the succeeding paragraph (chap. 61). 45 Delaville le Roulx, I, 28 f. 46 Scholz, Publizistik, p. 403. 47 L. R. Loomis, Medieval Hellenism (Lancaster, Pa., 1906), pp. 40 f.

48 In the original (1895) edition of Rashdall’s Universities (I, 86), the author makes mention of women teachers at Salerno. In the edition (1936) by Powicke and Emden (I, 85, n. 1), this paragraph is supplanted by a footnote pointing out that the supposed women teachers are mythical. 49 Rashdall, Universities, II, 4.7, n. 1.

60 Introduction | In the opening sentences of the Recovery Dubois identified himself as a pleader of Edward’s ecclesiastical cases in Aquitaine. He must

therefore have been aware of the long-standing rivalry between ecclesiastical and royal jurisdiction, so well known that it needs no discussion here. As a practicing lawyer he had firsthand experience of the tedious and involved legal procedure of the thirteenth century. The Summaria included proposals for speeding up litigation; in the Recovery he suggested that this might be accomplished by requiring plaintiff and defendant to reduce their pleas

to writing (chaps. 91-95). In advocating greater use of written procedure he was quite in accord with the current trend. During the second half of the thirteenth century the influence of Roman and canon law was gradually bringing about a modification of legal procedure which increased the use of written documents and thereby

, increased the importance of lawyers and notaries. The change began to appear in royal courts by 1250. In 1290 written demandes were

, being used in the Parlement of Paris. By the time Dubois was writing the Recovery, even some feudal jurisdictions were following the

custom then familiar in ecclesiastical and royal courts.®° In rgor Eudes of Sens wrote a handbook of law, Summa de judiciis possessorits,

based on Roman law, in which he proposed a plan for simplifying

and shortening legal procedure in civil suits.! While it would be going too far to ascribe to the French of the early fourteenth century a spirit of nationalism actually akin to that of the nineteenth century, we find Dubois giving expression to a

most vigorous French patriotism. Although essentially a man of peace, he felt himself qualified to advise his king on military matters.

This advice was actually little more than the recommendation that

the king should strictly enforce the existing feudal obligation of military service. If this were done, Dubois contended, the king need

not hesitate to undertake the program of expansion sketched for him in the Recovery. This expansion was already under way before Dubois wrote. Normandy and Languedoc were acquired before the accession of Philip IV. In 1300 Flanders was seized; the next logical step in this direction would be the left bank of the Rhine. Toward

(Paris, 1885), pp. 72 f., 77. |

5° A. Tardif, La Procédure civile et criminelle aux XIIIe et XIVe siécles ou procédure de transition

51 Aiistotre littéraire, XXV, 87 ff.

Introduction 61 the southeast no pamphleteer was needed to point out the desirability of acquiring the kingdom of Arles. Philip IV had for some time been desirous of extending his influence over the Empire;*? in 1308

he seized the opportunity offered by the assassination of Albert I to campaign actively for the election of his brother Charles of Valois.53 In 1301 Charles had married Catherine de Courtenay, heiress

of the defunct Latin Empire of Constantinople; this gave him a claim to an eastern dominion which he attempted to put into effect.™ Expansion of French influence by maintaining Capetian interests in Italy, Spain, and Hungary was so natural that the idea was common property.5> The election of a French pope (Clement V) offered new

avenues for the extension of French influence. If Clement should appoint enough French cardinals, the papacy might remain French indefinitely. In 1305, before Dubois suggested it in the Recovery, Clement began the series of promotions which insured a French majority in the college.**

Excessive patriotism was by no means a French monopoly. In his De praerogativa Romani imperit, written about 1280, Jordanus

of Osnabriick proclaimed that it was the duty of the pope to aid the emperor in maintaining his honor and adding to it. He declared that by divine arrangement the imperial power of the Romans, 1.e., the universal monarchy, had been granted to the Germans. It should not remain with the Romans, who must be content with holding the

papacy; neither should it go to the French, for whom the divine gift of learning must suffice.*’

We may fairly conclude, then, that Dubois’ truly original ideas comprised little more than his definite plan for a system of international arbitration and the proposal for the establishment of a system of schools which should regularly admit women to professional 52 Kampf, Pierre Dubois, pp. 45-53. 53 See his authorization of a commission of three for this purpose, in Boutaric, Notices et extraits, XX, Part II, 189, Document No. XXXI. 64 Bréhier, L’Eglise et l’Orient, pp. 267 f.; E. Petit, Charles de Valois (Paris, 1900), pp. 52-56; H. Moranvillé, ‘Les Projets de Charles de Valois sur l’ Empire de Constantinople,’ Bibliothéque de l’ Ecole des chartes, LI (1890), 64.

55 Lavisse, ed., Histoire de France, III, Part II, 290. 56 See the lists in M. Souchon, Die Papstiwahlen von Bonifaz VII bis Urban IV (Brunswick, 1888). The Recovery was written before Clement established his permanent residence at Avignon (1309). 57 See H. Grundmann, Alexander von Roes: De translatione imperii, und Jordanus von Osnabriick: De prerogativa Romani imperii (Leipzig, 1930).

62 _ Introduction | training. This is not to imply that he consciously copied all his other borowed ideas; he may have arrived at many of them independently. It does mean that nearly all the ideas he set forth were part and © parcel of his age; that he was not ‘centuries ahead of his time,’ but

truly representative of it. | | THE SIGNIFICANCE OF DUBOIS ,

If he was not an original thinker, wherein does his significance lie? Certainly not in his influence upon his own or later times, which— despite the opinions expressed by Renan and Delaville le Roulx— was negligible. His significance lies in the very fact that his ideas

were not original; he serves as a mirror in which a multitude of ideas current in his age are reflected. No matter how unrealistic and visionary many of his ideas appear to us, they are of interest as showing how a reasonably intelligent and well-informed contemporary viewed the problems of international politics at the opening of the fourteenth century. Here was an individual, a layman with a bent for journalistic expression, trained in the foremost university of his day; a practical man of affairs, who kept abreast of contemporary thought; who acquired wealth and some slight recognition by his ability in the practice of law; a man profoundly affected by

the current trend toward the establishment of a strong monarchy in the slowly emerging national state—a trend which he sought to further by stirring up public opinion in its favor; one who seemed to sense, if vaguely, the spirit of restlessness and dissatisfaction with the superficially harmonious and well-ordered life of the thirteenth

century, against which the fourteenth century was soon to break out in open revolt; one who felt that ‘the times were out of joint,’

to set them right. oe :

and who presented a vast and more or less coherent scheme of reforms

He had the ability to absorb others’ ideas and make them his own; to weave these sometimes contradictory ideas into a unified scheme for the recovery and maintenance of the Holy Land, and

the aggrandizement of France and its king. Unrealistic he may have been, but he was ready with suggestions for reform and improvement

in a dozen different fields. He rushed in where the angels of his day might well have feared to tread. He attacked clerical celibacy

Introduction 63 and advocated the suppression of papal temporal power, the confiscation of ecclesiastical property by the crown, the reform of monasticism, the reorganization of the military orders, and the partial conversion of nunneries into schools for girls who were to be trained in medicine and surgery, and married to schismatics and infidels in order to convert them. He would insure perpetual peace by a system

of international arbitration and a federated Europe under French domination. He would establish a system of schools with an accelerated course of study aimed at preparing the youth of France for the colonization and administration of distant lands; he would prepare new textbooks, revise and codify the law, and improve court procedure. Although he considered war an evil, he was ready with plans for reorganizing the French military system, for outfitting and mobilizing troops, and for the conduct of wars by land and sea. Here was a catholicity of interest which rivaled that of Roger Bacon or Dante.

THE MANUSCRIPT AND EDITIONS OF THE REGOVERY OF THE HOLY LAND

The text of the De recuperatione has come down to us in a unique manuscript, now the MS Reg. Lat. No. 1642 in the Vatican Library.

It is on parchment, 17 by 22 cm., and is in good condition. The De recuperatione occupies folios 1-41. The fourteenth-century hand-

writing 1s quite legible, but there are numerous and often odd abbreviations. The scribe shows evidence of having carefully proof-

read his work, for there are several marginal additions; some of these seem to be explanatory glosses by the scribe, rather than the correction of omissions.! I have not had an opportunity to examine the original manuscript, but the Vatican Library very kindly furnished me with an excellent photostat with which I have compared the text as edited by Langlois. The treatise was first edited as an anonymous work by Bongars in his Gesta Dei per Francos (2 vols. Hanover, 1611), II, 316-61. Langlois, who apparently never personally examined the Vatican manuscript,? had one of his students, Collon, compare Bongars’ text 1 Langlois incorporated these glosses in the edited text without any indication that they were marginal additions. The translation follows Langlois’ text. See chap. 48, n. 97. 2 Langlois, ed., De recup., p. xxii.

64 Introduction with the original; this resulted in the discovery of a great many errors and several omissions. The edition of 1891 by Langlois was based on a transcript from the Vatican manuscript made by Collon.

It contains a few unimportant typographical errors, and at least once a word of the text has been omitted. More serious, and very puzzling to the translator, are several instances of confusing the script ‘s’ with ‘f,’ which in some cases materially alters the meaning.

The gravest criticism of Langlois is his deliberate omission of a portion of the short document of 1308, from the MS Lat. 1og19g in the Bibliothéque nationale, which he published as an Appendix to the De recuperatione. One missing paragraph is in the edition by Baluze, Vitae paparum Avenionensium (2 vols. Paris, 1693), II, 195, which Langlois cites. Baluze, in his turn, was guilty of suppressing three paragraphs in the manuscript which contain scandalous stories

about Boniface VIII. When Mollat brought out his new edition of Baluze (4 vols. Paris, 1914-27), he consulted the MS Lat. rog19g, where he found the missing paragraphs and included them in his

printed text (III, 154-62). Langlois must have been acquainted with the MS Lat. rog1g, for he cites it several times; he may have

omitted this matter on the ground of good taste, but he fails to indicate that his text is incomplete.

Except for these defects, the edition by Langlois is excellent; without it the present translation would scarcely have been attempted. His elucidations in footnotes have been followed almost slavishly, with some revisions in the effort to bring them up to date by citing material published since 1891 and to correct a few errors which had crept in. I have also added, wherever possible, identification of Dubois’ numerous quotations from Aristotle and from civil and canon law. Langlois supplied extensive quotations from Dubois’ other writings, especially from the Summaria, then unedited; these

are included in the present translation, those from the Summaria having been collated with a photostat of the unique manuscript in the Bibliothéque nationale and with the recent edition by Hellmut Kampf (Leipzig, 1936). Where Langlois has omitted passages in his quotations from the Summaria, I have included the omitted material when it serves to make the meaning clearer. Both Kampf and Langlois have in a number of instances departed from the exact manuscript text; the translation follows the manuscript.

Introduction 65 In editing the De recuperatione, Bongars arbitrarily split it up into

chapters. The scribe had employed a slightly elaborated initial to indicate divisions, which Langlois preserves by numbering them consecutively. Neither system of division bears any very close relationship to the arrangement of the subject matter. Following the precedent established by Langlois, both sets of divisions have been preserved in the present translation in order to facilitate the identification of references to the treatise by commentators writing either before or after the appearance of Langlois’ edition in 1891. Bongars’

chapters are indicated by Roman numerals enclosed in brackets, Langlois’ chapters by Arabic numerals.

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The Recovery of the Holy Land

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The Recovery of the Holy Land: Part I

1

TO THE ILLUSTRIOUS and most Christian prince Edward, by the grace of God king of England and Scotland, lord of Ireland and

duke of Aquitaine, renowned more for his military prowess than for all his titles, a humble advocate for his ecclesiastical cases in that duchy sends greeting, in the name of Him through whom all true kings and princes govern. He has long since been moved to serve his royal majesty by a genuine natural esteem and admiration for his royal virtues, and not by any stipend, since none has been sought or offered. He earnestly hopes that his majesty may enjoy even further triumphs. 1 [I]. I know well that as a high-minded and glorious king and

a true lawgiver,? not only since your reign opened but from the very moment when you first began your military career, you have been at great pains to make good men of all your subjects, your intimates, and your connections.* This you have accomplished not merely by the threat of punishment but also by the constant offer of rich rewards. And now your wars have been successfully concluded by the favor of the Lord, the King of kings from whom all blessings flow. But instead of seeking that ease which other princes have been accustomed to choose after such strenuous, and even lighter, labors,

you are planning to devote your splendid energies to the recovery of the Holy Land and its deliverance from the hands of the infidel. Despite increasing years and contrary to the natural inclination of mankind, you desire to gain the true pinnacle of bravery by encountering dangers which threaten bodily death but hold forth the promise of life eternal for the soul. Although I am one least fitted 1 The title was supplied by Bongars. It is not in the manuscript. * Edward I was the chief lawgiver of the Plantagenet dynasty. See W. Stubbs, The Constitutional History of England (3 vols.; Oxford, [1926-—29]), II, 111. 8 Subditos, proximos, et coniunctos. The use of descriptive terms in groups of three is characteristic of Dubois.

‘ This eulogy of Edward I is deserved. Before ascending the throne he had participated in a crusade, and few European rulers paid more attention to the destinies of the Latin

Orient than he. See Langlois, ‘Lettres inédites concernant les croisades,’ Bibliothéque de :

70 The Recovery of the Holy Land: PartI to offer advice, [my suggestions have their origin] in the Creator’s compassionate gift of prudence. For He is in and of Himself so good that all things are so by participation in His essence. And everything in the world, irrespective of its nature, is more or less good according to the degree in which it participates in His goodness. This is the - opinion not only of Catholics but of those who employ mere philosophical reasoning. Motivated by a natural desire—which according to the Philosopher ought not to be in vain5—and being in full

sympathy with your ambition, with the help and favor of God’s | boundless wisdom I will now proceed briefly to lay before one so | experienced and prudent in warfare as your royal majesty certain proposals which seem to me necessary, convenient, and opportune

for the recovery and maintenance of the Holy Land. 2 [II]. It is obvious that this project cannot be realized without the support of your friend the Holy Father, by divine grace supreme pontiff of the sacrosanct Roman Church universal. Necessary also is the approval of a general council of all Catholic princes and prel- _

, ates, which must remove the obstacles and make all helpful and appropriate arrangements. For that country, which by the Savior’s

testimony is richer than all others, is densely populated by the Saracens who seized it. They follow such a sensual mode of life, all being at liberty to beget and rear as many children as they can, that

: not even the many kingdoms and provinces lying to the east, west,? and south of the Holy Land were adequate for their needs. Hence they migrated from those regions after the manner of the Tatars. Now, if they should perchance through fear of death retreat before kings and princes like yourself, they could quickly and easily gather | together a great multitude of people from those neighboring kingdoms. Then when they learn that your forces are about to return home, those same Saracens, fiercer than ever and in greater numbers, will return at once on the departure of your troops. Urged on by the demons who prefer to dwell in that country, they will slay 7 those who remain and once more possess themselves of that delectaV’Ecole des chartes, LII (1891), 46-63. Toward the close of the thirteenth century authors __

| of model letters were using subjects suggested by the English monarch’s well-known zeal for the deliverance of the Holy Land (Bibl. de l’Arsenal, MS No. 854, fol. 2152,

cited by Langlois, ed., De recup., p. 2, n. 1). an

§ Politics 11. 5. 12634 40. |

, .* Dubois probably meant Egypt and North Africa. |

The Recovery of the Holy Land: Part I 71 ble land. This preference of the demons is shown by the fact that when the Lord wished to heal a man in that country who was vexed by an evil spirit, He said to the spirit, ‘What is thy name?’ And the spirit answered, ‘My name is Legion, for we are many,’ adding, ‘Lord, send us not into a distant place, but into the swine,’ of which there was a large herd at hand. When the evil spirits had been forced

to enter the swine, they caused them to rage in a frenzy and hurl themselves headlong into the sea.’ Therefore that country cannot be seized, nor held when seized, except by great numbers. [III] In order that a sufficient number of people may be induced to journey thither and remain there, it will be necessary for Christian

princes to live in harmony and avoid war with one another. For if such people should hear that their homelands were being attacked and laid waste, they would abandon the Lord’s patrimony to return

to the defense of their own possessions. This has often happened there in the past. It is therefore necessary to establish peace among all Christians—at least those obedient to the Roman Church—on such a firm basis that they will form in effect a single commonwealth so strongly united that it cannot be divided, because ‘every kingdom divided against itself shall be made desolate,’® as the Savior says. And if it be divided, it behooves us because of this very division

to strengthen the defenses of the Holy Land, as will appear below. We have seen that the Germans and the Spaniards, although renowned as warriors, have on account of the incessant wars of their kings long since ceased to come to the aid of the Holy Land, nor will they be able to do so in the future. Internecine wars among Catholics are greatly to be deplored, since in such wars many meet death under circumstances which make their status in the world to come very uncertain. The oftener they have recourse to war, the more do they seek to begin new wars, since they look upon war as a matter of custom rather than as a means of betterment. They do not seek peace after wars nor by means of them. Nor do they restrain themselves nor fear to renew wars, thus failing to observe what the Philosopher,

tutor of King Alexander, says: ‘All war is in itself wicked and unlawful; so much so that he who seeks war for its own sake has * The episode is from Mark 5:2-13. 8 Matt. 12:25.

72 The Recovery of the Holy Land: Part I reached the extreme of wickedness.’® However, when it is impossible

to secure peace except by means of war, it is permissible for right- — eous men to seek and even to urge war in order that men may have -

law.1° , .

leisure for acquiring virtue and knowledge after war is over and lasting peace has been established. Otherwise, save for this purpose

. alone, all war is unlawful, even according to the doctors of civil Although their parents and grandparents fell in unlawful war, we see that the surviving descendants and the widows of the deceased,

whatever they may have promised, immediately begin to make preparations for a war of revenge. Such things happen because the

, author of discord by means of his temptations, persuasions, and infinite tricks and craft strives to increase the number of the damned with him and to retard and hinder the recovery of the Holy Land Therefore he is unwilling to allow the Catholic forces to unite, since, as the Philosopher says, ‘every force united is stronger than the same

force scattered and divided.’!? — |

But the wicked angels, as even the sacred Scriptures bear witness,

7 are very wise even to the extent of probable knowledge of future events. For they have absorbed knowledge and studied the stars since the world began, and they are acquainted with the causes of all things and the consequences resulting from these causes. They

, remember everything and forget nothing; they see that causes now operating will probably produce certain effects. And since ‘nothing under thesun is new,’ as Solomon says,!* they can judge and foresee future events by calling tomind those consequences which on some _ previous occasion resulted from like causes. This they can do with

® Nicomachean Ethics x. 7. 11'7'77b 8-10. . 10 Corp. jur. civ., Novellae 85. 14. Preface. , 11 Compare this reasoning with that set forth by Dubois in the Summaria. After quoting _

| _ the maxim of Aristotle on the wickedness of war, he adds (fol. 37; Kampf, p. 5): ‘For this reason, when peace and tranquillity cannot be secured otherwise, it is permissible | for just and pious men to resort to war as long as it is waged for the sake of peace, when

this desirable aim cannot otherwise be attained. Furthermore, following the usual practice in warfare, the survivors who have not felt the temporal and spiritual penalties of war, after their leaders or comrades have fallen, do not hesitate to renew the war, to - revive the quarrel, and to seek the same excuse for reviving and renewing it; just as

, oxen, sheep, and swine do not fear death despite the slaughter of their comrades. This is contrary to the teaching of Hugution, who says, ‘“Happy is he who is made wise or

18 Eccles, 1:10. a wary by another’s perils.”’” On Hugution, see chap. 89, n. 76, below. — .

12 Nicomachean Ethics 1x. 6. 1467b 5. |

The Recovery of the Holy Land: Part I 73 more certainty than aged men; for although men may be very old and have seen and experienced much, their knowledge and experience is as nothing when compared with the knowledge of causes and the long experience of [evil] spirits, who are familiar with all causes and results since the world began. Even the experience of Charlemagne, who is said to have reigned for one hundred and twenty-five years, is as nothing when compared with theirs. On this subject the Philosopher says in the third book of the Topics, ‘No one chooses young men as leaders,’ especially in war, ‘because they are

considered inexperienced.’ In the sixth book of Kthics he gives the reason for this when he says, ‘We see many young men who are well versed in schoolbook knowledge, but lacking good judgment in practical matters, because discretion in the activities of this world is acquired only through actual experience.’'® It takes a long time to gain experience. Young men have lived too

short a time; they have seen too little, experienced too little. That is why no one of sound mind would choose them as leaders in war.

Men of age and experience ought to be the leaders, strategists, and advisers in war. Young men, under the guidance of their elders, should be the ones to perform deeds of valor. Now if an elderly man

by reason of his long experience and good memory is better able

than a youth to judge and foretell the future, it is all the more reasonable to suppose that the wicked angels can foretell the future with more certainty than the most aged man. In the light of these facts it is evident that the wicked angels, by persuasion, temptation, and especially by evil counsel, can check the efforts of even prudent men to the same degree as they can be of use to others versed in the forbidden arts, who consult them whenever they please. Such persons are numerous among the Saracens, for their laws do not forbid such practices, but approve them. These wicked angels, as well as the movement of the heavens and the influence of the stars, strongly incline men to deeds of concupiscence, audacity, fear, ava-

rice, and other deeds which may result in good or evil fortune. Luckily these forces do not and cannot constrain man’s free will nor the judgment of a rational mind. Through the exercise of will 14 Tn the Song of Roland (O’Hagan trans., xli-xliii), King Marsile credits Charlemagne with the age of two hundred years at the time of Roncesvalles.

15 Topics Ul. 2. 1174 30.

16 Nicomachean Ethics vi. 9. 11424 12-15,

44 ~The Recovery of the Holy Land: Part I _ power it is possible for a man to resist all temptations and evil inclinations by fixing his attention on his Creator and on his own _ _ sense of honor.!” The stronger the temptation and the more compel- — _ ling the movement and influence of the heavens, the greater reward

: he deserves who resists from love of honor, and the more virtuous he is for such resistance. Of this the Philosopher bears witness when he says in the first book of the Morals, ‘Heraclitus has well said

| that virtue is always kindled in the face of great difficulty, and that we deserve neither praise, nor censure, nor reward for our

natural gifts.’18 ee Oo

3. [IV]. In order to recover the Holy Land and defend it against

_ such formidable numbers who have demons as their counsellors, ap-

| plauders, and accomplices, the earnest prayers of the universal Church will be necessary. These prayers cannot be obtained without

reforming conditions in the universal Church. This matter will be

| dealt with later. The whole commonwealth of Christian believers | owing allegiance to the Roman Church must be joined together in | the bonds of peace. United in this way, all Catholics will refrain from making war upon one another. If any person then resort to | __-war in defiance of this unity, that very act will contribute toward | the recovery and defense of the Holy Land. This may be brought

oe about in the following manner. ee |

When zeal for the deliverance of the Holy Land has borne fruit in the summoning of a council, his most experienced royal majesty may

, then request through the lord pope that the princes and prelates 127 Compare the Summaria (fol. 110; Kampf, p. 20): ‘The heavens, the motion of the | heavens, and the influence of the sun, moon, and other planets incline human bodies to act as they do and strongly impel them to such actions. Yet they do not control, nor can they precisely direct, man’s free will and desire. For in a normal man free will ought to be governed by right reason, using reason for considering, comparing, proving, _

remembering, and arguing in such wise: from like causes like results have usually

: followed.... The demons can remember past causes and their results since the world began. They have also a knowledge of present causes, and they constantly seek to | predict the effects which will probably result in the future from existing causes. This is the explanation of the demons’ prescience and their gift of divination, and is the

| means by which they are accustomed to give a probable forecast of the future. So the blessed Augustine teaches, since in no other way would they have been given a knowledge of the future by God, who is the giver of all knowledge, virtues, powers, kingdoms, and all that is good.’ Similar ideas on the influence of heavenly bodies are expressed by Roger Bacon in chap. iv of the Compendium studii philosophiae (in Opera quaedam hactenus —

inedita, ed. J. S. Brewer [London, 1859], p. 422). -

18 Nicomachean Ethics u. 3. 1105a 8-10; similarly, ibid., vin. 2. 1155b 5-7; also Magna —

Moralia i. 2. 1185b and 34. 1198a, but without mention of Heraclitus. ,

The Recovery of the Holy Land: Part I 75 [there assembled] adopt some system whereby full justice according to local laws and customs may be granted more promptly than heretofore to all who claim to have suffered injury. Justice shall be ad-

ministered by the local judges already appointed. In places where they have not already been appointed they shall be selected in accordance with the method to be described below. Let no Catholic rush to arms against Catholics; let none shed baptized blood. If anyone wishes to make war let him be zealous to make war upon the enemies of the Catholic faith, of the Holy Land, and of the places

made sacred by the Lord. Let him not seek an opportunity for bodily and spiritual death by making war upon his brethren in faith. 4. Any persons who in defiance of this wholesome regulation shall

venture to make war upon their Catholic brethren shall by the very act incur the loss of all their property. This penalty shall apply

equally to all those who aid them, whether by actual fighting or by furnishing them with provisions, arms, or other munitions or necessities of life. When the war is over the guilty survivors of whatever age, sex, or condition shall be exiled perpetually from their lands and other property. Utterly stripped of their possessions, they and such descendants as they may have shall be sent to popu-

late the Holy Land. As to the property of which they have been deprived, if they submit and voluntarily purpose to depart for the Holy Land, they may draw upon it to defray the necessary expenses of the journey. Let the lord pope punish those who make war and those who knowingly in any way give aid and comfort to the warmakers or associate with them by furnishing them with any provisions, water, fire, or other necessities of life. He should not excommunicate them or anathematize them, but should avoid endangering their souls’ salvation, lest the number of the damned be thereby augmented. It will be far better to punish them temporally than eternally. ‘Temporal punishment, although incomparably milder than eternal punishment, will

be feared more and will be of more advantage to the Holy Land. It will also be less harmful to the intimates and connections of the

guilty. 5. [| V]. The question next arises whether the warmakers can easily 18 For another view of excommunication, see chap. 101 below.

76 The Recovery of the Holy Land: PartI ; - be subjugated, and whether it will be advantageous to exile them to the Holy Land. Let us suppose that the duke or count of Burgundy

| makes war on the king of the French, his overlord. The king, who

acknowledges no superior on earth,”® will at once take steps to prevent anyone from bringing into their®! territories provisions,

| arms, merchandise, or any other supplies, even though due them for any reason. By decision of the council, which will consist of princes as well as ecclesiastics, this prohibition will be made to apply © to all Catholics under like penalty. The king will want to confiscate

for his own use the lands and all the possessions of the culprits. Let

him therefore come when the crops are ready for the harvest, or earlier, with such a great force of his own people and those of the neighboring districts that they can and will carry off the growing

| crops. Whatever cannot be carried off or utilized in the immediate Oo vicinity should be destroyed. Whatever can be carried off and saved should be devoted to supplying the strongholds of neighbors faithful

| to the king who have suffered losses in the war; they will then for the future be able to maintain themselves while on guard to prevent the escape of the warmakers lest they lay waste the adjoining territory. The usual protracted sieges of strongly fortified positions in

| the enemy’s lands ought to be avoided. If the culprits shut themselves up [in their castles], as they probably will, and do not ven, ture to risk battle in the open, the whole countryside can be trodden | - under foot by the army and a mass of noncombatants. The whole | _ army with its followers can subsist from the spoils. Whatever cannot. _ _ be carried off should be destroyed, so that nothing remains to sup- port life. If the culprits make no active resistance but take refuge in

| strongholds, behind walls, in mountains or swamps, one should not

a seek to put them to death lest their souls descend into hell for © , eternity. Hunger will prove to be a more efficacious punishment, | since it will affect not only the belligerents, but also each and every

| person from the greatest to the least, and all will feel the punish20 Compare the Summaria (fol. 230; Kampf, p. 39): ‘The pope, in his decretal in the - second book on Jurisdictions [Corp. jur. can., Decretal. Greg. IX Lib. II. Tit. 1. cap. 13

| (TI, 243) ] which begins Novit ille qui nihil ignorat, publicly concedes that the lord king of the French, as far as suzerainty and temporal dominion are concerned, knows no superior on earth, and that the pope neither wishes nor intends to interfere with the _ temporal jurisdiction of that lord king. From this it follows that the pope would be

acting contrary to law if he should interfere with the jurisdiction of that lord king.’ _-

| #1 T. e., of the duke or count and his presumed allies, = | a

The Recovery of the Holy Land: Part I 77 ment.” For so the Lord willed and commanded through the prophet that King Agag be punished together with all his subjects to the last man. And King Saul, who had by the Lord’s command been elevated and anointed to rule over the sons of Israel, was deprived of his kingdom because, after the Lord had granted him the victory, he spared the gross King Agag and the fat animals in order that he

might sacrifice them to the Lord. David, keeper of his father’s sheep, was summoned and anointed to be king in his stead. In such

manner was King Saul punished for his disobedience, and it was told him by the prophet who announced the punishment to him, ‘For obedience is better than sacrifices.’ 6. In like manner did the omnipotent God punish the sons of Israel for committing the terrible sin of betraying and putting to death our

Lord Jesus Christ. For He inflicted upon them a famine so severe

that mothers roasted* and ate their little children, as Josephus relates in his book De antiquitatibus, where he speaks of the destruction of Jerusalem.”®

7, A plenary indulgence should be granted by the council to all who assist in carrying out the project of punishing the warmakers and exiling them to the Holy Land. This indulgence should be confirmed by the several successors of the most holy Roman pontiff. Those who are sent to the Holy Land by way of punishment should always be the ones to lead the attack on the enemy in hostile territory; in this way they can serve as a wall of defense for others. Since

they voluntarily welcomed illicit war at Satan’s instigation, they should be compelled involuntarily to fight in the vanguard for the destruction of the idol worshippers, the enemies of peace, by withstanding the very ones who [previously] urged them on. 8. It is quite probable that the prospect of punishment by famine and perpetual exile will, by the grace of God, be so feared that 22 All these suggestions on the policy to be followed in suppressing rebels had already been set forth by Dubois at greater length in the Summaria (fol. 4v; Kampf, pp. 7 f.): “The men should not be put to death, except those who participate in the attack. And even these should suffer only the amputation of a hand or a foot unless necessity forces the adoption of sterner methods, for if put to death their souls would be cast into hell.’ Instead of a duke or count of Burgundy, it is the duke of Lorraine whose rebellion Dubois assumes in his earlier work: ‘By way of illustration, suppose that the duke of

Lorraine should refuse to render obedience to his royal majesty....’ |

28 T Kings 15:22 (I Sam. 15:22). 24 The manuscript reads assatos, not affatos as in Langlois. 25 The episode is not related in De antiguttatibus, but in De bello Fudaico vi. iii.

78 The Recovery of the Holy Land: Part I the pleadings of their wives and little children, their aged parents and grandparents, as well as their monks, prelates, and other clerks, will prevail against the headstrong and impetuous war lords, urged

on by their own misguided youthful zeal. Under threat of such

7 punishment no one will venture to open hostilities. = | g. [VI]. Now if all Catholics are at peace with one another, warriors will stream from every direction toward the Holy Land and

will in all probability be able to recover and defend it. 7 10. The republics of Genoa, Venice, and Pisa have hitherto gone.

a unpunished for their incessant quarrels and maritime wars which in the past have so frequently hindered the recovery and maintenance

_ of the Holy Land. These republics, as well as the communes of Lombardy, Tuscany, and other provinces, will maintain lasting peace with one another if it be determined that any one of their neighbors may institute proceedings against them in this fashion. 11. If the rulers wish to put a stop to the quarrels of these towns

and punish them, any [such ruler] may seize and retain for himself their goods and credits [found] in his own realm. But if he then fails

to make war upon them promptly, this confiscated property and any other goods of theirs wherever found shall at once be applied —

to a fund for the Holy Land. — | Oe

The apostolic see and those princes in whose territories such wars

break out should compel all who hold goods and credits [of the culprits] to comply with this regulation, under penalty of having all their own possessions confiscated and turned over to the same fund. If these princes should prove negligent in their duty when

| formally notified by the administrators of the said fund, they should _ suffer like deprivation and confiscation of all their property, which

will be turned over to the same fund. | |

12. [VII]. But what of those cities and the many princes who _ recognize no superior authority on earth?* possessing the power to

judge them in accordance with local laws and customs? When

| these cities and princes engage in controversies, before whom shall 46 As it stands, the phrase principes superiores in terris non recognoscentes might be translated,

‘princes who recognize no superior authority in [their] lands.’ The meaning of the © phrase is clarified by a similar expression in Dubois’ French pamphlet of 1304, the , Supplication, which reads, que vous ne recognissiez de vostre temporel Souuerain en terre, fors que Dieu. There it undoubtedly means ‘on earth.’ I have therefore translated the phrase _

| in terris as ‘on earth’ where it occurs in that context. Text of the Supplication in Dupuy,

Histoire du différend, ‘Preuves,’ p. 214. , oe

The Recovery of the Holy Land: Part I 79 they institute proceedings and conduct litigation? One may reply that the council should decide that arbitrators be chosen, religious or others, prudent men, experienced and trustworthy, who being sworn, [shall select] three prelates as judges and three others for each party [to the controversy. They should be] men of substance, and of such character that it would be unlikely that they could be corrupted by love, hatred, fear, greed, or by other means. They should assemble in a place suited to the purpose, and be bound by the strictest oaths.2” The several articles of complaint and defense should be submitted to them in brief and simple form before they assemble. After first rejecting what is superfluous and irrelevant, they should receive the testimony and documentary evidence [and] examine them most diligently. The examination of any witness should be conducted in the presence of at least two [of the aforesaid]

sworn trustworthy and prudent men. The depositions should be committed to writing and be most carefully guarded by the judges so that no fraud or falsification can enter in. The expense of assembling the judges shall be moderate and shall be borne by the litigants in so far as the judges spend more than they would probably have spent had they remained at home. If it seems desirable, they may have assessors to assist in rendering judgment, men whom they personally know to be most reliable and well versed in divine, canon, and civil law. If one of the parties is dissatisfied with the verdict, the judges con-

cerned in that suit shall send a record of the proceedings to the 27 Dubois’ description of the personnel of the court of arbitration is not quite clear. The text reads: ‘Responderi potest quod concilium statuat arbitros religiosos aut alios eligendos, viros prudentes et expertos ac fideles, qui jurati tres judices prelatos et tres alios pro utraque parte, locupletes, et tales quod sit verisimile ipsos non posse corrumpi amore, odio, timore, concupiscencia, vel alias, qui convenientes in loco ad hoc aptiori, jurati strictissime... testes et instrumenta recipiant, diligentissume examinent.’ It would seem that the court was to consist of nine individuals, three to be selected by a board appointed by the council and three by each party to the controversy. Students of Dubois differ in their interpretation of the passage. F. M. Powicke holds that the council itself shall choose three members of the court, and implies that each party shall choose three others (‘Pierre Dubois, a Medieval Radical,’ in Historical Essays, ed. by T. F. Tout and James Tait [Manchester, 1907], pp. 186 f.). Jacob ter Meulen suggests that the council should decree that nine be chosen (Der Gedanke der internationalen Organisation in seiner Entwicklung, 1300-1800 [The Hague, 1917], pp. 104 f.). Ernst Zeck

would have the court consist of six members to be chosen by the council (Der Publizist, p. 204). Eileen Power holds that the council shall choose three arbitrators, who in turn shall choose three prelates as judges and three other persons from each party (‘Pierre Du Bois and the Domination of France,’ in Great Mediaeval Thinkers, p. 158 f.).

80 The Recovery of the Holy Land: Part I apostolic see, together with their decisions, to be modified and changed by the ruling pope if such modification is just, and in so far as it is just. If no change is made, the verdict shall be properly confirmed for the permanent record of the case, and entry thereof

made in the registers of the holy Roman Church. | 13 [VIIT]. A change of succession in the Empire customarily offers

numberless occasions for strife in Germany through interference with the regular election of an emperor. Because of the accompanying disorders this situation has in the past commonly impeded the

recovery and maintenance of the Holy Land. An enduring peace within the [Holy] Roman Empire would probably contribute much toward the realization of this objective. Consider the good deeds which the German kings might have, and probably would have, performed during the lifetime of men now living, had they inherited the kingdom and the imperial dignity without a struggle, [including]

mighty fortresses and the treasures stored up for them by their forebears. There would then have been no interregnum, no cessation of rule. Consider also the good deeds which the emperors are said to have performed in times past before the modern hindrances arose.

To bring about the cessation of wars harmful to body and soul,

, wars that commonly arise from the ambition to attain to the kingship and imperial dignity—yea, that by avoiding the usual heavy losses, there may spring forth from the kingdom and Empire abundant aid for the recovery and maintenance of the Holy Land, and for the many temporal benefits which should long since have accrued to us from that land; yea further, that the welfare and prosperity of the commonwealth, the kingdom, and the empire of that noble people should not perish—steps should be taken to have the kingdom and empire of Germany granted in perpetuity to a new monarch and to his posterity after him.2® He might concede some

) indemnification in the matter of the possessions and immunities of the Empire in order to avoid dispute and to quiet the rapacity of the electors.?® Moreover, the new king and emperor-to-be should

28 Compare chap. 114 below. | }

29 In his memoir of 1308, Pro facto Terre Sancte, Dubois indicated the indemnity which to him appeared suitable: ‘We will grant to each of you [electors] a county — or two, if the counties are not large —- which will be of far greater. benefit to you and your heirs than the electoral power. We will also grant to each of you from one to two hundred thousand livres according to such agreement as may be reached regarding the payment of your knights for the expedition to the Holy Land. Such funds might be collected over

The Recovery of the Holy Land: Part I 81 stipulate and promise an annual subsidy for the benefit of the Holy Land, as long as there is need. [This subsidy should take the form

of] a large body of troops which he should at his own expense dispatch to the seaports fully armed and equipped, together with coverlets suitable for [such] an expedition and its sojourn [in the Holy Land ].° 14. [TX]. For the emperor and other princes to furnish provisions and ships for sending their troops across the sea would involve too great an expense. Hence it is preferable to provide this for the warriors as individuals, whencesoever they come. It appears that this objective may readily be attained in the following manner, subject to change and correction by the proper authorities: The Hospitalers, ‘Templars, and other orders founded to aid and protect the Holy Land have many resources, goods, and property on this side of the Mediterranean which have so far been of little benefit to the Holy Land. In times of most urgent need these orders have often been divided amongst themselves*! and therefore confounded,

and their houses have been exposed to derision and consequent grave scandal. Hence, if they are to be of any benefit to the Holy Land, it is desirable and advisable to combine them into one order as regards appearance, habit, rank, and property, as the holy coun-

cil shall see fit.82 They ought also to remain in the Holy Land, subsisting from the property which they hold there and in Cyprus. Until they succeed in regaining the peaceful possession of property and above the tithes of the German churches.’ The memoir is edited by Boutaric as

Document No. XXX of his ‘Notices et extraits de documents inédits relatifs 4 l’histoire de France sous Philippe le Bel,’ Notices et extraits, XX, Part II, 186-89. 80 The subject matter of this chapter is discussed both in the Summaria (fol. 8r; Kampf, p. 14) and in the Pro facto Terre Sancte. In the latter pamphlet Dubois again demands ‘that provision be made for a hereditary emperor,’ but this time it is specifically Philip the Fair whom he wishes to be so honored (Boutaric, Notices et extraits, XX, Part II, 187). 81 In 1241 the Templars subjected the Hospitalers to a series of insults. Hostilities ensued, and the Templars cut off the Hospitalers’ food supplies. The Templars also quarreled

with the Teutonic Knights. See Matthew Paris, Chronica majora, ed. H. R. Luard (7 vols.; London, 1872-83), IV, 167. Paris tells of similar attacks by the Templars upon the Hospitalers and ‘Teutonic Knights two years later (zbid., IV, 256). In 1259 dissension arose among the Genoese, Pisans, and the several military orders. On this occasion the Hospitalers attacked the Templars, slaying numbers of them. The Templars

sent posthaste to their strongholds in western Europe summoning their brethren to come at once to the Holy Land and bidding them leave in their castles only the necessary guards and servants (zbid., V, 745 f.).

82 Qn the consolidation of the military crusading orders proposed by Gregory X, Nicholas IV, and Boniface VIII, see Histoire littéraire, XX VII, 385, and compare XXVI, 524. See also Scholz, Publizistik, pp. 405 f.; MGH, Scriptores, XVII, 594.

82 _ The Recovery of the Holy Land: Part I of this sort sufficient for their needs, provisions may be furnished

them from some other source. , ,

15. The property which they hold anywhere on this side of the Mediterranean should at first be held in trust with its revenues for three or four years; eventually, or even immediately, this should be converted into a perpetual leasehold if satisfactory terms can be arranged. In this way far more than eight hundred thousand Tours _ livres will be realized annually from the Templars and Hospitalers. Funds collected since the fall of Acre®* should be accounted for together with the rest. These moneys may be used to procure ships, — provisions, and other necessities for the warriors who will cross the

sea. In this way a free and comfortable passage will in the future be available to all who wish to cross, even the very poorest. The ships can bring back from the Holy Land such of its products as are in demand here, and carry our products thither, for goods could then be shipped easily from one country to the other. With this prospect in view Christians living on this side of the sea or elsewhere

will naturally be far more easily inspired to protect and guard the safety of the Holy Land. From the fertile districts on the islands and coasts of the [Mediterranean] sea so many provisions and other necessities will be carried in these ships that none of the warriors,

| or at least none of those stationed anywhere near the sea, will suffer scarcity of provisions. Members of the aforesaid orders, for whom it has hitherto been inconvenient to cross the sea and live there, should be thrust into monasteries of the Cistercian Order and other prosperous [foundations] to do penance for their excesses. Let them

live there with the monks. The latter, in order that they may support these [Templars, etc.], will have to accept fewer [novices] until the time comes when they may be relieved of this burden [of sup-

porting members of the military orders]. , oO

The annual income from this source will be considerable. By its very magnitude the bad faith of the Templars and Hospitalers will be made manifest, and it will become evident how they have hitherto, for the sake of this income, betrayed the Holy Land and failed

| in their duty toward it.** When its usefulness becomes apparent this

88 Acre was.captured by the Mamelukes in 1291. ,

84 Tt is remarkable that Dubois here makes no distinction between the Hospitalers and the Templars, since he was soon to launch a series of pamphlets against the latter. Two

The Recovery of the Holy Land: Part I 83 annual income will be increased appreciably by the alms of the faithful, the confiscated property of those who instigate wars [of ageression], and from many other sources. This will appear much more Clearly below.

16 [X]. The Holy Land has until now been ill supplied because

of the great conflict of peoples. The holy father, who is said to have this matter very much at heart, will therefore urge each prelate to send thither at his own expense as great a number of warriors as his resources will allow. These should be arrayed in uniforms®® distinct for cavalry and infantry, and provided with like arms and the banner of the lord who sends them. The lord pope will see to it

that the [lay] princes do likewise, [taking command] in person if they can do so without difficulty; otherwise [they should appoint] some suitable person in their behalf [to take command of the troops

equipped] with the princely arms and banners. In this way all natives of the domain of any certain prince, irrespective of the status

of those who send them thither, will form a single army. If their numbers are insufficient for this, let those nearest them who understand their language be added in numbers sufficient to form an army. Men of every rank, even women—widows as well as the married—should be encouraged to send men adequately equipped with

the same uniform and arms. The brilliant send-off, their orderly march, and their passage through cities, towns, and other communities with sound of trumpets and other instruments and songs, and gay banners, will rouse the hearts and emotions of all, and strongly influence them to cross the sea or send others with suitable equipment. This method of mobilization will increase the number

of warriors beyond belief. |

ments Nos. XX VII and XXVIII. ]

of these pamphlets were published by Boutaric in Notices et extraits, XX, Part II, DocuIn 1310 William of Nogaret wrote that the ‘abomination of the Templars’ (abhominacio Templariorum) was one of the principal obstacles in the way of a successful expedition to

the Holy Land, and again proposed a sort of friendly confiscation of the property of the Hospitalers and the German Knights of the Sword (ibid., No. XX XVII). Nogaret probably meant the Teutonic Knights.’ The Order of the German Knights of the Sword, founded by the Bishop of Riga in 1200, was active in Livonia but had no connection with Palestine. 35 Uniform dress for troops did not come into general use before the sixteenth and seventeenth centuries. Yet at the Battle of Courtrai in 1302 the Ypres contingent wore red tunics (Corpus chronicorum Flandriae, I, 168). Charles II of Sicily described in detail the uniform he proposed for the equipment of crusading armies (Delaville le Roulx, I, Ig, n. 1, citing the unpublished MS Bibl. nat. franc. 6049).

84 The Recovery of the Holy Land: Part I 17. The princes and other magnates who participate in the expedition should be persuaded to promise that if they should leave their armies on account of death or illness or homecoming however mo-

tivated, they will leave there a specified number of warriors with their arms and banners, together with such outlay as they can conveniently provide. This outlay will eventually have to be supplemented and made adequate out of the resources of the fund for the

Holy Land. |

18. Every powerful personage of either sex should be induced to

promise that after the route has first been secured, he will in any subsequent year provide and send at least to the coast as many warriors as possible, together with funds to aid them further. These warriors, together with their wives, are to be conveyed across [the

sea] to populate the Holy Land and fill it with people in so far as they are needed for the conquest and maintenance of that land. 19. Furthermore, an active, prudent, and experienced knight, bearing the arms of some Catholic prince, should remain there with

the standard-bearer. 20. Every Catholic kingdom, and indeed any other extensive district as well, should be permitted to occupy some city, fortress, or other position of importance there, together with the adjoining territory, the extent of such occupation being in proportion to the number of their own people taking part in the expedition. New arrivals, exhausted by the difficult roads, the variety of sleeping accommodations, and the shortage of other things, may then have the joy and pleasure of familiar surroundings after their sorrows, hardships, and

griefs. Even the names of these districts should be changed; they may select by lot®® the nomenclature of the kingdom or principal city whence the new inhabitants come. This will offer great comfort to later arrivals after their weariness and hardship. Amid these comforts and pleasures the enfeebled survivors will recover much more

rapidly. The robust who have been temporarily weakened will be restored much more quickly and will [soon] regain their natural strength and morale. When they return from battle sick or wounded, they will quickly recover with the aid of the physicians and surgeons attending them and with the diligent care, comfort, and other advantages [given them]. Especially when among their own 86 The manuscript reads sorciantur, not forciantur as in Langlois. ,

The Recovery of the Holy Land: Part I 85 countrymen will they be restored more quickly because of the hope

inspired by the comfort and care of their own people; they will return to battle strengthened and made more daring and fearless by the respite. 21 [XI]. To avoid any violation of good order and mutual rights in the matter of planning campaigns and assigning districts for settlement in the Holy Land, it should be determined that those who have been exiled for instigating wars and sent thither in punishment for this offense shall participate in the first campaign or campaigns. They shall have their settlements rather near the enemy; those who come later [shall be assigned to] the very frontier. 22. Lest dissension arise among the nations over the question of choosing and occupying the larger cities, such as Jerusalem and Acre, it seems expedient and reasonable that men from the several countries should be admitted into them if they desire to live there. The same arrangement would seem to be reasonable in the case of other important sites on the seacoast, or so near the coast that merchants from various countries may readily gather there. 23. Each city, with the territory assigned to it, should have a war leader with centurions subordinate to him. The hundred men entrusted to the command?’ of each centurion should be divided into

eight cohorts, in each of which there would normally be twelve men; the centurion alone should have with him in his own cohort fifteen men. In this way they would always know whether they had their full strength. All should zealously guard and defend one another

to the death. 24. Next let it be determined how many warriors each city can furnish for the army. Each centurion should see that the men under him are instructed in the use of arms, in which they shall be adept, in accordance with the instruction of their city’s war leader. 25. Itis reported that the Tatars,?® who wage war after the manner customary at the time of King Alexander (according to the Alexan8? The manuscript reads praesit, not possit as in Langlois. 88 Dubois is fond of referring to the customs of the Tatars, by whom he probably means the Mongols. Compare the Summaria (fol. 117; Kampf, p. 19): ‘I have heard an individ-

ual familiar with the Tatars relate thatt he king of their country remains quietly in the center of his kingdom and sends expeditions to its outlying districts, thus doing his fighting through others whenever necessity requires it.” Compare Appendix, chap. 9, below. In 1307 ambassadors from the king of the Mongols visited Clement V in France (H. Finke, Acta Aragonensia [3 vols.; Berlin, 1908-22], IT, No. 464).

86 The Recovery of the Holy Land: Part I dreis,®® the Persian leaders of that period were accustomed to place

every household under arms), make no use of money, nor do they © buy provisions. They feed on spoils from the enemy, livestock which

they themselves take along, and the latter’s produce. They never lay siege to a fortified position; once in five or six days they gather from every direction at an early hour and make an assault in divers ways according to their custom until toward evening, when they return to their huts, their wives, their children, and their livestock. It is inadvisable to insist on such methods; tactics should vary in

accordance with time, place, the enemy, our own warriors, and other factors, as experienced war leaders may determine. .

| 26 [XII]. Warriors and their mounts are ordinarily weakened by a sea voyage.*° Vessels capable of transporting such a large number

of people at one time are not available; neither is there any port where they can embark on several ships at the same time, nor can they be disembarked at a single port at the same time. Under these circumstances it might easily happen that the few arriving at the same time would be cut to pieces by the ferocious enemy, helped

by the wicked angels who oppose this expedition to the limit of their power. To avoid such a catastrophe it seems expedient to follow the example of that supreme warrior, Charlemagne, and have

the larger part of the army proceed by land,*! after gaining per89 The exploits of Alexander the Great gave rise to numerous legends in both East and West. About 1176-79 Gautier de Chatillon composed the Alexandreis, based on the Life of Alexander by Quintus Curtius. The poem is superior to most of the productions of that time and displays the author’s considerable knowledge of the classics. See the Bibliography for editions of the work. See also Christensen, Das Alexanderlied Walters

pp. 281-331. - | |

| von Chatillon (Halle, rg905). Another version of the Alexander legend is translated in part by Margaret Schlauch, Medieval Narrative: A Book of Translations (New York, 1928),

188. | a

40 The proposals set forth in this chapter were repeated by Dubois in his memoir of 1308, Pro facto Terre Sancte: “Thus... the lord king... would cross dry-shod through Germany

to the Holy Land with a vast multitude of warriors, just as we read that Charlemagne and Frederick [Barbarossa], the next to the last emperor, crossed. In this way the seigneurs could by the grace of God arrive in the Holy Land in the full vigor of knight, hood, and not enervated by the sea [voyage].’ Dubois accepted without question the

, legend of Charlemagne’s crusade. See the tract in Boutaric, Notices et extraits, XX, Part I, 41 The question whether to make the journey by land or by sea is discussed by all the authors of crusading projects. Raymond Lull (ca. 1233-1314) would have two armies:

, one to land at Ceuta and proceed_eastward through Morocco, Tunis, and Tripoli; the other to come by way of Constantinople through Syria to the Nile, thus crushing the Moslems between them (Delaville le Roulx, I, 27-32; Bréhier, L’Eglise et l’Orient, pp. 269-72). The Dominican, William of Adam, who wrote his De modo Sarracenos extirpandi between 1310 and 1314, advised going by way of Constantinople and also

| The Recovery of the Holy Land: Part I 87 mission for this from Palaeologus** and the other princes through whose territories the army would march. Safe entry,transit, and exit from their lands should be sought from these princes, and also the concession that lone travelers might have the privilege of securing

provisions and shelter at the ordinary common price which the natives pay, also, that local princes will freely permit and further the transportation of provisions from every direction to the routes selected for the crossing, by suspending the levying of any and all tributes. Although this route is much longer, many will choose it who neither dare nor are able to follow the other route. It will be much better to strike the enemy at many points than at only one. The Germans, Hungarians, Greeks, and all living to the

north of them can follow the above route. I have read in the HA ystoria Hierosolimitana that this route was followed by the Emperor

Frederick [Barbarossa], who was drowned in some river of Armenia

while bathing on account of the heat. This occurred in the time of Saladin, king of the Assyrians [sc], who fled before the emperor, yielding to him many lands and fortified positions.* Anyone from the kingdoms of England, France, Spain, and all who live on this side of the mountains, may be accepted for transport

by sea, as well as the Lombards, Tuscans, Apulians, Calabrians, Sicilians, and those who inhabit the other islands of that sea. Those who dread the sea may choose the longer way at their own expense and effort.“ suggested assembling a Christian navy in the Persian Gulf (Delaville le Roulx, I, 62, 72-74). Brocard, who in 1332 wrote the Directorium ad passagium faciendum... in Terram

Sanctam, proposed the route through Italy and Serbia (Delaville le Roulx, I, 89-98). The Venetian, Marino Sanudo, who wrote his Secreta fidelium crucis between 1306 and 1313, advised going by sea (Delaville le Roulx, I, 32-39). As for Dubois himself, he suggested that expeditions be sent along both routes at the same time. See below, chap. 104. For editions and translations of the works of Lull, William of Adam, Brocard, and Marino Sanudo, see Bibliography. 42 Andronicus II Palaecologus, emperor 1282-1328. 43° The Aystoria Hierosolimitana is evidently the work ascribed to Richard, canon of the Holy Trinity of London, edited in part by Paulus in MGH, Scriptores, XX VII, 191-219. The episode of Frederick’s death is on p. 204. See also Chronicles and Memorials of the Reign of Richard I, ed. J. S. Brewer (2 vols.; London, 1864-65), Part I, xxix; there is an English translation in Chronicles of the Crusades (London, 1848), pp. 69-339. Dubois has exaggerated the exploits of Barbarossa, who never reached the dominions of Saladin,

although he did gain a few unimportant victories over the forces of Kilidj Arslan, Sultan of Iconium.

44 In the Pro facto Terre Sancte Dubois suggested: ‘Those living along the seacoast between

Greece and the farthest limits of Spain, and any others wishing to go by sea rather than

88 The Recovery of the Holy Land: Part I 27 [XIII]. Cooperation is of course necessary for the great task of recovery and maintenance. Just as it behooves the temporal strength

of the whole commonwealth of Catholics to be harmonious and united, so it will be equally necessary through the devoted prayers of the Church universal to seek and obtain the great favor of peace, recovery, and protection from Him from whom all blessings flow. He is the God and Lord of armies, who alone is the cause of peace and victory. The Holy Land can never be regained and held if the war leaders and the warriors under them rely on their own strength — and consider that sufficient to gain so great a victory and preserve

its fruits in perpetuity. By such means they will never be able to resist the wicked angels who strive against them, nor [be impervious

to] their persuasions and solicitations, for it is believed that they will by their craft obstruct the above proposals as much as they can. For this reason it seems expedient to seek through the council a reform and change of conditions in the Church universal so that the prelates, great and small, may abstain from practices forbidden by the holy fathers; so that they may give heed to the precepts, laws, and counsels of the fathers, and observe them in accordance with the saying of the prophet, “Turn away from evil and do good; seek

after peace and pursue it.”“° Then, when they have attained true peace in their hearts, all Catholic prelates, together with the whole clergy and people entrusted to their care, will in a spiritual sense form one body politic, and the words of the apostle will come true: ‘The multitude of believers had but one heart and one soul’ ;*¢ or,

as the Philosopher puts it, ‘All virtue united is stronger than the same divided and scattered.’” They may then, through their devoted, humble, and constant prayers, gain [the gift of | lasting victory over

| the infidels from Him who, when Solomon asked for wisdom alone, gave him also gold and silver and other worldly wealth beyond

all who had dwelt in Jerusalem before him. | | That this procedure is advisable may be gathered from the events

of the wars of that excellent soldier, Judas Maccabeus, and his

PeActs 33:15. 46 4:32. |,

,

by land, would cross over to Cyprus; but I believe that up to the present time sufficient shipping for them all could scarcely be found’ (Boutaric, Notices et extraits, XX, Part IT,

47 Based on Nicomachean Ethics rx. 6. 1167b 5. , ,

The Recovery of the Holy Land: Part I 89 brothers. While they trusted in their own strength they continued to fall in battle; but they gained the victory when they asked it of Heaven, humbly beseeching the Supreme Ruler of armies.48 What the apostle says came true: ‘For what things soever were written, were written for our learning.’*® We ought therefore to make use of the wisdom of the Scriptures, not our own, in accordance with the advice of Solomon, where he says, ‘My son, lean not upon thy own prudence,’*® and the canon founded on it, ‘Let no one rely on his own understanding.’* [XIV] We ought therefore to seek universal peace, and beg it of God, so that by means of peace and in periods of peace we may acquire perfect virtue and knowledge, which cannot otherwise be

attained. This the apostle realized when he said, “Ihe peace of God, which surpasseth all understanding, keep your hearts and minds.’®? Your minds, which are souls endowed with reason, are generally destroyed rather than protected by wars and discord and by incessant wrangling in the courts, which is just as bad as war. Therefore every good man ought as far as possible to shun and avoid these evils. When he resorts to such means because unable to secure his rights otherwise, he ought to cut it as short as possible, seeking peace and his rights by this means only with a heavy heart. Thus the Philosopher teaches when he says, ‘War is in and of itself so wrong and evil that whoever seeks war for its own sake has reached the extreme of wickedness.’®? Similar, although not so extreme, is the evil of civil controversies and litigation.™ 28. Now the goal we seek, which is our chief objective, is universal

peace. Since, according to the Philosopher, ‘the end of an act lies first in its intent, but lastly in its performance,’®* we ought first to remove every obstacle to universal peace and the probable occasions

for these obstacles, thereby following the principle expressed by the Philosopher: ‘Whoever supports the affirmation of Heraclitus 48 Related in Maccabees, principally I Macc. 5. 49 Rom. 15:4. 50 Prov. 3:5. 51 Corp. jur. can., Decretal. Greg. IX Lib. I. Tit. 2. cap. 1 (II, 7). 52 Phil. 4:7. 53 Nicomachean Ethics x. 7. 1177b 8-10. 54 In Dubois’ eyes wars and litigation are the two plagues of society. This is the central theme of the Summaria. 55 Politics VI. 14. 1333a 103; similarly, Nicomachean Ethics m1. 1. 1109b 11-13.

go The Recovery of the Holy Land: Part I © ought to concede and deny everything which Heraclitus would con-

cede and deny were he present,’®* that is, every antecedent and consequent for the affirmation; for conceding or denying anything repugnant to the first proposition will result in a most shameful

refutation. | - |

29 [XV]. The supreme bishop [i.e., the pope], the mirror of the whole world, holds the position and see of the blessed Peter, prince of the apostles, the vicar of our Lord Jesus Christ, the Savior and Father of all souls. If he would save all souls and preserve and restore them to his Father, striving to wipe out each and every war, rebel-

lion, and controversy, and to teach that this should be done, he

| ought to begin with himself and his brother cardinals and bishops, that he might fulfill what is written: ‘Jesus began to do and to teach’ ;5? and as the apostle says, ‘Let us work good to all men, so far as it is in us, but especially to those who are of the household of the faith.’®® He ought to consider the patriarchs, primates, arch-

bishops, bishops, and other prelates who hold duchies, counties, baronies, and other temporalities: how they act; how they engage in warfare; how they themselves instigate wars in which, as we see, many meet death in a temporal sense and—as far as men can judge—also in a spiritual sense; how prelates engaged in war devote _

more time and care to their wars than to the salvation of souls; — _ how they spend much time and money on this sort of thing, failing

, to observe that it is written even in the civil law that [the welfare of] _ human souls is to be given preference over everything else.®® In countries where these prelates are not engaged in fighting, as in the

kingdoms of England and France, one may see how they devote , their time to controversies arising out of temporal possessions; how they neglect the care of souls, frequenting the tribunals, departments of finance, and other audiences with princes for a moderate recom-

pense; how they strive and labor in the interests of patrons and their subordinates, frittering away in these suits church property which belongs to the poor of Jesus Christ; how they recompense the advocates, ministers, and judges of human law more highly than those of

divine law; how they abandon their churches and frequent the

8? Acts 1:1, - 7 |

, 56 Topics vit. 6. 159b 29-36. - 58 Gal. 6:10. The words ‘so far as it is in us’ do not occur in the Vulgate. ,

59 Corp. jur. civ., Novellae 77. 6. Preface. — : |

The Recovery of the Holy Land: Part I QI palaces and company of kings to acquire skill and experience in the discussions of the forums; how young students, observing the habits and activities of the prelates, abandon the study of philosophy and

divine law and almost to a man flock to the schools of civil Jaw. In these schools, and by means of the legal acumen there acquired, they seek out not only fat benefices, but also the greater prelacies. They are merely following the example of the many who have succeeded in getting possession of great prelacies through their knowledge and practice of civil law.®° Have we not already come to the point where few but the regular clergy possess any knowledge of philosophy and divine law? Do not the prelates frequently spend more yearly for the care of ordinary worldly affairs and work more for their own advantage in

these matters than for the salvation of all the souls committed to their care? When a canon who was a presbyter is made bishop, how often do we see him devoting his energies to litigation over temporal interests rather than laboring more than before for the salvation of

souls? Do not the prelates, when they take on lawsuits over temporalities, remain inactive much more and work less? Do they not

live in greater luxury than other clerics, and greater than they themselves did before they acquired prelacies? And when prelates do sometimes preach good conduct, does it not frequently happen

that the people who hear them criticize and accuse the lovers of lawsuits and those guilty of covetousness, avarice, injustice, and other wonted passions, are led to remark, ‘We hear these men speak many fine words, but we see them acting otherwise’? We can speak of them in our Savior’s words: “The scribes and the Pharisees have 60 Compare the concluding lines of chap. 76 below, and the memoir De reformandis in ecclesia, directed by Guillaume le Maire, bishop of Angers, in April, 1312, to the council of Vienne (Mélanges historiques [5 vols. Paris, 1874-86], II, 476). Bishop Guillaume expresses the same complaints from another point of view, and laments over the same abuses for other reasons: ‘Many good clerks, since they are needy and are unable to obtain a subsidy from the Church... are compelled to turn to secular courts and the patronage of princes, to the serious detriment of the churches. They are the ones who most zealously prosecute the churches and ecclesiastical immunities, as though they held them in contempt.’ Compare Roberti Grosseteste... epistolae, ed. H. R. Luard (London,

1861), p. 205, where Grosseteste complains about the royal appointment of certain abbots to be itinerant justices. Compare also Roger Bacon, Opus tertium, chap. xxiv (ed. Brewer [London, 1859], p. 84): ‘A jurist of civil law is given greater recognition in the Church of God than a master of theology, although he knows only civil law and is ignorant of canon law and theology, and he is more frequently selected for ecclesiastical office.’ Philip the Fair included many bishops among his ministers, the Palatine clerks.

92 The Recovery of the Holy Land: Part I — sitten on the chair of Moses; do what they say, but do ye not what they do.’® ‘By their fruits (that is, their deeds) you shall know them.’®? With reference to this subject the Philosopher says in the fifth book of Morals, ‘He who speaks fair words and does evil reveals

and proclaims himself a false teacher.’® ee

30 [XVI]. Let the supreme bishop also consider in what manner the abbots of the monastic Order of Saint Benedict—who ought to administer and care for the property of the monastery—lead a life in common in the Lord’s house, and how they generally observe

their vow of poverty. Monks who cannot possess any private property without committing mortal sin are wealthy and they seek gifts within and without the abbey. They thirst to store up gold and silver in their purses. These funds they frequently entrust to their friends; when they die, these friends sometimes inherit the property to the ruin of the souls of both donor and recipient. Among these monks _

those are regarded as the most sagacious who have the most in their purses, contrary to the vow of their calling. Such monks also have outside the abbeys many non-conventual priories™ yielding great revenues for the use of only two or three monks. After providing

, food and raiment for them, the priors of these detached places store up the remainder in their purses, although it belongs to Christ’s poor.

| This surplus they use for litigation against their abbots, or for other evil purposes, or at best for obtaining exemption from their other

duties, even their prayers. As long as they remain in charge [of | the priory] they are virtually breaking their vow, a fault which they

seldom or never make amends for later. oe g1. Furthermore, in such priories the monks often lead a luxurious, winebibbing, and otherwise disgraceful life. In Burgundy the sons of nobles are sometimes made monks with the intention that they shall be granted such priories to enable them to live not merely in _

82 Matt. 7:16. |

61 Matt. 23:2-3, inexactly quoted. - |

68 Magna Moralia u. 6. 1201b 13-15. Undoubtedly conflicts over temporal and ecclesiastical jurisdictions constituted the greatest proportion of cases argued in the courts during the thirteenth century. Contemporary evidence on this matter is to be found from the lay viewpoint in the argument of Dubois himself in the Summaria (fol. 13; Kampf, pp. 22 f.); from the ecclesiastical point of view in the documents published by F. Ehrle as ‘Ein Bruchstitick der Acten des Concils von Vienne,’ Archiv fiir Literatur- und

Kirchengeschichte, TV (1888), 361-470. © , 7

64 A non-conventual monastery or priory is one in which the number of monks is not sufficient to provide for the observance of all the provisions of the monastic rule.

The Recovery of the Holy Land: Part I 93 comfort but even in luxury at the universities. The lord pope has heard of many who do this, and it is believed that heis well acquaint-

ed with the practice from his own career in university towns. Abbots and other authorities of the same order are frequently negligent In correcting such evils; they hesitate to correct faults for fear

of controversies and quarrels with those whom they ought not to fear.

32. Furthermore, many young monks are quarrelsome and are content to be in the cloisters only in the hope of being sent to such priories where they can have more freedom and lead licentious lives.

33 [XVII]. Let the lord pope also consider how many great and perilous wars his predecessors have begun, or once begun have sup-

ported to defend the patrimony of the blessed Peter;® how many Catholics they have placed under sentence of excommunication and anathema for invading this patrimony; that these Catholics have

died in their sins without any signs of penitence. Let him also consider the great sums the Church has already expended in such wars, or because of them, and may look forward to expend in the future. 34. He should also consider the outcry that arises everywhere in the lands subject to the Roman Church when someone is accused of simony.

Do you not see how the lord pope and the cardinals accept gifts from the very ones on whom benefices are conferred, and especially from those to whom prelacies are granted ?8* How through their agents they cause the money which they extort from them, especially from the exempt, to be loaned to them at exorbitant interest ? Do you see how, when two are elected to the same position and only one of them can hold it, they usually appeal to the curia; then after in8 An allusion to the assistance furnished by Philip III to Pope Martin IV in his wars against the barons of the Romagna. See P. D. Pasolini, I ttranni di Romagna e i papi nel medio evo (Imola, 1888). In his Deliberatio super agendis (1302), which was a reply to the

forged bull Deum time, Dubois had already worked out a well-reasoned argument on the disadvantages of papal temporal power. This earlier work had disclosed his views even more frankly than the present treatise: ‘It strongly behooves the Roman pontiffs to become poor, just as they formerly were, in order that they may become virtuous’ (Dupuy, Histoire du différend, ‘Preuves,’ p. 46. See also chap. 40 and n. 84 below. 66 While Clement V was hesitating to comply with the wishes of the French king in the matter of the Templars, Dubois directed an acrimonious pamphlet against the nepotism of that pope specifically. This is the pretended Remontrance du peuple de France, edited, with a modern French translation, by Lizerand (Dossier, pp. 84-94).

94. The Recovery of the Holy Land: Part I _ curring heavy expenses, bestowing gifts, and suffering hardships and dangers on the road and at the curia, both are inducted into office, and sometimes one is forced to renounce his right and place the whole matter in the hands of the lord pope? And how the pope is accustomed to provide for the other out of a church or amonastery ?

And how it is customary for the one thus provided for to present the curia with great sums, sometimes seven, eight, or ten thousand livres _ [borrowed] at heavy interest exacted by those who are openly called

| the pope’s bankers and are said openly to receive, care for, and lend

_95 his moneys at interest ?§? , [XVIII]. Let the lord pope further consider that because the

cardinals hold very high rank in the Church it is necessary for them to spend much money in keeping up with the modern standard

, of living; yet they have few or no sources of income commensurate | sss with their titles. Therefore it is necessary for them, like mercenaries, to live by plunder as it were. How can those who are accustomed and obliged to incur such great obligations be suitable assessors of the supreme judge and act as judges under him? In such matters it is assumed that the wealthy will exercise their official

powers in praiseworthy fashion. The opposite is assumed in the _ case of the poor, since, as the Philosopher says, ‘opposites are the © cause of opposites,’6® and those who differ widely represent contraries. Justice is: commonly corrupted by bribes, entreaties, fear, love, hatred, covetousness, and similar vices, as the holy fathers _

-who spoke from experience wrote in the canon.® And everyone 67 Guillaume le Maire, in his memoir of 1312 (Mélanges historiques, II, 481 ff.), denounced.

even more vigorously the abuse of Roman simony: ‘Many persons of abominable life.

. and habits assemble from divers parts of the world at the apostolic see, and are known to | obtain daily, both in forma pauperum and otherwise, benefices involving priestly office or not, especially in places where there is no suspicion of their lives and habits. When reverently admitted and installed by prelates as sons of obedience conformably with the mandate of the apostolic see, they lead such abominable and disgraceful lives that the churches — are ruined, the people scandalized, and the Church of God is blasphemed.... ‘Although I would speak with reverence of the Holy Roman Church and the apostolic

see, many churches in divers parts of the world are today almost wholly forsaken

, because their jurisdictions, prerogatives, and revenues are retained by those who

remain at the Roman curia and will remain there permanently. There these benefices | will be conferred on other courtiers repeatedly and as often as they fall vacant. And so at length the churches, because of the absence of their curates‘and the lack of protec-

tors, will succumb to ominous destruction and irreparable ruin. Would that the lord chief pontiff and the sacred college of cardinals, who are as feathered beasts full of eyes to the front and the rear, would consider this diligently and turn over a new leaf.’

, 88 Politics V. 8. 1307b 29. . - a ,

, 69 Corp. jur. can., Decret. Gratiani Pars II. can 78. C. XI. qu. 3 (I, 665).

The Recovery of the Holy Land: Part I 95 believes and says this: ‘Gifts accepted bind.’ As the commentator on Averroes wrote, ‘Nothing that is common report is found to be altogether false.’”°

36 [XIX]. These sins and opportunities for wrongdoing, as well as others which the great experience of your royal majesty knows full well, ought to be rooted out for the future. Consider what is written in the canon and accepted everywhere, namely, “That which is done by prelates is easily taken as an example by their subordinates.’7! [If these evils are not remedied| injustice may spring forth whence justice ought to proceed, and the pillars may be shaken so the whole edifice will fall; whence it is written, ‘If the priest who is

anointed sins, he will cause the people to fall into error.’’? The prelates, who are and ought to prove themselves to be in word and deed physicians of souls, may bring about the wider spread of the very diseases which they ought to be curing. It was for the healing of such diseases that they were called by the Father of souls to such exalted positions and were granted all the good things of this world. Suppose a physician, for curing the only son and heir of a king, should receive as many rewards, advancements, and honors as a

single bishop receives for curing and saving souls. Suppose the physician should then through his own negligence set before the youth a cause of illness—and consequently of death—by drinking or eating in his presence something the boy desired but which would be fatal to him; and suppose the boy, following his example and mistakenly thinking to become stronger by partaking of the food and drink enjoyed by the physician, should taste what is forbidden and die from this cause. What would be the right and duty of the king toward such a physician ? Could he not say to him: ‘You denied my son the deadly food and drink which he desired, but because you tasted it in his presence he wanted it more than ever, trusting more in your deed than in your word. He did taste of it, and 1s dead from

this cause. Did you not know that he who offers the chance for injury is held to have inflicted it? And that it is better to teach by deed than by word? And that the strength of desire, when its object is seen, is very much more excited and eager than when its object 70 T have not been able to identify this quotation. 71 Corp. jur. can., Decretal. Greg. IX Lib. III. Tit. 34. cap. 7 (II, 592). 72 Possibly a reminiscence of I Kings 2:24 (I Sam. 2:24).

96 The Recovery of the Holy Land: Part I is not seen? Have you not noticed this very thing in the attitude of

| stallions and bulls toward the females of their species? Does not | Scripture say, ‘““The company of women is to be shunned that they may be the less desired”’ ??? You passed yourself off to me as skillful and experienced, but you have sinned against me in this. You spread

the snare by which my son tasted this deadly stuff and died of it. You are morally responsible for his death, and therefore you shall die.” Who would say that the king judged unrighteously in this

matter ? | a |

Do we not see plainly that prelates are frequently absent and

neglect the care of spiritual matters because they are busy with temporal matters of little consequence, without which they would live _ none the less well? Are they not more solicitous for the defenders of their temporal than of their spiritual interests? Do they not reward

fashion ? | |

these more, and are they not accustomed to do it in notorious

[XX] Seeing their superiors acting thus, are not lesser shepherds of souls inclined to imitate them and do the same things in cruder fashion? Is it not in accord with the same principle that as diligence attracts diligence, so negligence begets negligence? Does not the Savior say, ‘I give you an example, that just as I have loved you, so you do also’? Referring to this, the apostle says, ‘Every act of Christ ought to be our instruction.’*> Does not civil law agree with

this when it says, ‘It matters not whether the Roman people expresses its will in words or in the very deeds and facts themselves’ ?7¢

Ought not the prelates, as the canon says, for their own sake be on their guard lest they do evil, and lest they seem to do evil and thus be brought into ill repute??? And for the sake of those entrusted to _

example? | | .

their care, their neighbors, and relatives, lest these follow their Do we not know that according to the teaching of the holy fathers

the activities of prelates ought to consist of these things, namely, to read and teach the Holy Scriptures, to wipe out by their prayers the sins of the flock entrusted to their care; and, in the case of those

73 Not from Scripture, but from Corp. jur. civ., Code 1. 3. 19. .

78 Anjur. inference from Rom. , 76 Corp. civ., Digest 1. 3. 15:4. 32. , || | #4 John 13:15, incorrectly quoted. Compare the correct quotation below, chap. 111. 7 Corp. jur. can., Decretal. Greg. IX Lib. I. Tit. 36. cap. 4 (II, 207).

The Recovery of the Holy Land: Part I 97 for whom this is insufficient, to reason with, rebuke, correct, and punish such sins of the guilty as can be known, leaving hidden sins to the judgment of God alone? Do we not see that the greater prelates frequently cease to perform

these duties because they are occupied with temporal affairs? Do we not see what sort of physicians of souls these men select as subordinates and by what considerations they are influenced, although in this matter acting in God’s stead? What is their reputation? Do they not place the ties of blood, of country, and of temporal

service above the prudence, wisdom, and experience of the physicians whom they appoint in their place? Wherefore do they not consider how they should repay one who, when they are seriously ill and seeking to secure the services of but a single physician, should

himself so provide them with the only one [available], and in return for providing him should accept such stipend as they receive from Christ, who sees all? Suppose a king or an emperor was about to begin a great war, at the risk of losing his kingdom or empire if he failed to gain the victory; and suppose that he could choose only a single leader for his war, whose selection he would entrust to that one of his own men to whom he had made the most gifts, as for example a very poor man advanced to the archiepiscopal see of Cologne by the emperor; and

suppose that archbishop, whose choice it would be necessary to support, whatever the consequences, should consider that the leader

of the war would be greatly enriched; and suppose he should on that account choose some young man bound to him by ties of blood,

service, or nationality, neglecting an experienced older man accustomed to warfare, but to whom the archbishop was not bound. If he made such a choice, preferring an inexperienced to an experienced man, an ignorant to a wise man, would he not be reviled by everyone? Did not Christ, the Father of souls, desiring them all to be victorious in the war against Satan, entrust the selection of leaders for this most dangerous sort of war to a higher prelate, His vicar clothed

in plenitude of power, and call other prelates each to his share of the task, every prelate in his own diocese? If those prelates make unwise selections because of worldly considerations; if they reject a duly elected person in order to make provision for someone else

98. The Recovery of the Holy Land: Part I | whom they love more or from whom they expect rewards; if they fail to provide the churches with better men because they prefer a others whom they know to be less worthy, and allow themselves to be swayed by considerations other than the salvation of souls, — cannot Christ then convict them beyond any reasonable doubt of the crime of lese majesty against God ? Christ has so greatly enriched

' the prelates that they can find no excuse in the lack of temporal _ possessions nor be influenced appreciably toward such a choice by the opinion of the common herd. Cannot the aforesaid archbishop, - duke, or count similarly enriched, to whom was entrusted the choice of a leader, reasonably be held guilty of the crime of lese majesty against man when the war leader suffers a disastrous defeat because

of his own confused and inexperienced method of organizing and

directing the army? | | , 37. Is it not a fact that grave scandals have arisen in the Church of God and among the whole Christian people from the sort of life led by the aforesaid prelates and monks and their other failings

| and excesses? Of such matters the apostle says, ‘If my brother is. , scandalized, I will never eat flesh.’?78 Does not the author of the

| canon, wholesomely moved by this, say that ‘to avoid scandal, everything ought to be done or omitted that can be done or omitted

} without mortal sin’ ??° And we read elsewhere in the canon, “To save a man’s temporal life one should do whatever he can do without hazard to his own eternal salvation.’®° For no one ought in behalf of

another to subject himself to mortal sin, whereby he would incur

eternal punishment. —|/ . _ |

If scandal in a single little community is to be avoided, and if to

this end everything is to be done or left undone, etc., how much ~ more important is it to avoid scandalizing the people of a diocese,

, a province, or even a whole kingdom? And still more important, to. avoid scandalizing the whole people subject to the Roman Church and the infamy which offers to all an excuse for their delinquency? |

Oo 38 [XXI]. Who is there, well acquainted with present conditions in the universal Church and conversant with its disorganized state in the above matters and otherwise—differing so widely from the _

*8 IT Cor. 8:13, with slight verbal changes. | a

, 7 Corp. jur. can., Decretal. Greg. EX Lib. V. Tit. 32. cap. 2 (II, 848). — | a * ened garbled version of Corp.jur.can., Decret. Gratiani Pars II. can. 15. C. xxii. qu. 2.

The Recovery of the Holy Land: Part I 99 pattern set by the holy and learned Church fathers—who does not believe that fervent prayers universally poured out to God for the aid of the Holy Land would be incomparably more effective than before, if only the aforesaid conditions in the universal Church were

reformed? Verily, for the recovery and maintenance of the Holy Land the sincere prayers of prelates, clergy, and people are needed. Human power cannot suffice, nor temporal weapons and swords. Such is the purport of the canon which warns us, ‘Because of their sins the people are sometimes given a wicked ruler and a wicked

prelate.’®! Since their sins stand in the way, the people are unworthy of having a good ruler and a good prelate. Divine law is in accord with this when it says, ‘For the sins of the people I will make a hypocrite to reign.’ Therefore, when we see wicked princes and prelates, it may very well be that they are so because of the people’s sins. Likewise, for the same reason we may be even more certain that the people are evil because of the sins and evil example of the prelates, on whose deeds the people rely more than on their words, contrary to the teaching of the Lord, when He says, “The scribes and the Pharisees have sitten on the chair of Moses; do what they say, but do ye not what they do.’8 39 [XXII]. The foregoing and other occasions for the perdition of souls, as well as the probable obstacles to the recovery and maintenance of the Holy Land, are presented for your careful consideration. If, as is commonly believed, you propose to labor effectively

for such recovery and maintenance, solely from zeal for eternal reward, may it please your most experienced royal majesty merci-

fully to beseech the most holy father and lord ruler Clement, by divine providence supreme pontiff of the sacrosanct Roman Church

universal, who is believed to be devoted above all other matters to the aid of that land—|[beseech him, I beg of you,] to so apply himself to reforming the condition of the prelates and the whole people and clergy of the commonwealth of Christians that, with 81 Corp. jur. can., Decret. Gratiani Pars II. can. 18. C. viii. qu. 1 (I, 596). 82 Job 34:30, inexactly quoted. 83 Matt. 23:2-3. In the Remontrance du peuple de France Dubois adds to his argument this anecdote: ‘For this reason the master of the Order of Preachers recently requested the pope not to grant a prelacy to any of his brethren. For, so he said, as against a hundred men leading a respectable life one could find scarcely one living virtuously in the honors and riches of a prelacy. Of such prelates, whatever they preach, one believes too often the deeds rather than the words.’ Text in Lizerand, Dossier, pp. 94 f.

100 ~The Recovery of the Holy Land: Part I | their spiritual and temporal virtues united (as they ought to be) and dedicated both spiritually and temporally, by fighting successfully they may speedily, by divine grace, gain in that land a victory en-

during in perpetuity over the enemies of the very Catholic faith. | From the example of Solomon it would seem that this can be done ~ by asking the Lord of armies for the true and only wisdom. This He

will bestow if we do not seek—nor ought we to seek—a greater _ supply of gold and silver, but rather a true peace of hearts and bodies, and consequently of knowledge, and fuller intellectual as

| _ well as moral virtues. | : SO , 40 [XXIII]. A reform of conditions to this end should be most. 7 devoutly sought. The supreme pontiff is so greatly burdened and taken up with his care of spiritual matters that it is hard to believe

| . he has sufficient leisure to administer his temporal affairs without | prejudice to his spiritual duties. Hence the fruits, revenues, and 7 income which remain after the expenses and customary fees have been deducted, and which ordinarily reach him and remain in his

, hands, should be turned over to some great king or prince or other

, persons as a perpetual leasehold. The most elaborate precautions _ that can be thought of should be taken to guarantee to future popes

| an annual pension in perpetuity and without diminution, the pay- _

| ments to be made at such place in the surrendered patrimony as

the lord pope at the time may see fit to select. The pope, who ought _ to be the author and promoter of world peace, will then no longer instigate wars; he will not cause men to die a sudden and horrible death in war. He will have ample leisure for prayer, for charity, — for studying, reading, and teaching the Scriptures, andforcorrecting _ his subordinates; leisure to administer justice and see that justice

| | is done to all Catholics; leisure to secure a lasting peace for all the - faithful of Christ so that they may live in peace with one another

and honestly strive to recover and protect the patrimony of the. | crucified Lord. The most holy pope will then no longer strive to | amass riches, nor will he be hampered in the duty of caring for | | - _ things spiritual. He will lead a contemplative and also an active

| | life with the favor of the merciful Giver of all good things.™ | 84 Dubois had already in the Summaria (fol. 7; Kampf, pp. 12 f.) proposed that the king of France should confiscate the Patrimony of St. Peter: “Doubtless the pope is entitled _ to exercise all imperial rights and enjoy all authority in the kingdom of Sicily, the city

of Rome, Tuscany, the maritime and mountain lands, and other territories which he

The Recovery of the Holy Land: Part I IOI 41 [XXIV]. Let the lord pope also be asked to consider the income of the cardinals and the various revenues which they may enjoy without suspicion, scandal, and infamy. He should set apart for them—as he easily can—livings in the patrimony of the blessed Peter under conditions similar to his own. If this prove insufficient, the lord pope may retain an adequate competence from the property

of the universal Church, mainly from the possessions of exempt monasteries and of prelates who receive their consecration and bless-

ing from the apostolic see. These latter persons will in return be spared the numerous services and functions which they are accustomed to perform at the curia, as well as considerable expense, since,

being withdrawn from the curia, they will no longer need to approach it for this purpose. The universal Church may also contribute toward the cause in such measure as the new system is considered

to be of advantage to the churches. This will put a stop to the prolonged suits of candidates in elections and others applying to the

curia, who are frequently detained there for a long time because holds by virtue of the donation of Constantine, the first Christian emperor. Nevertheless, because of the malice, passion, and fraud in these territories, he has never been able nor can he ever [hope to] enjoy full authority over them, since they did not fear him because he was not warlike— nor ought he to be. Many wars sprang up, many princes

and their adherents were condemned by the Church, and in that state so many died that their number cannot be known. Their souls are believed to have descended into hell, souls which the pope is in duty bound to care for and preserve from every chance of evil.

‘None except old or even decrepit men are, or have been in the past, chosen to be Roman pontiffs, and frequently they are not of noble birth nor trained and experienced in [the use of ] arms. How can such a man, who has no warlike friends bound to him by ties of blood, overcome the arrogance of such subjects, who are evil by nature and in their customary way of life, and in the short time he has left to live put down so many rebellions and conspiracies? It is neither consonant with reason nor probable that this can happen; and since it has seldom or never happened in the past, according to the counsel of the law one ought not to assume that it will happen in the future. For the pope, to whom sanctity has granted the glory of pardoning, ought to have leisure for reading and praying; ought to preach, to render just judgments for the Church, and to recall all Catholic princes of the world to peace and harmony and preserve them in

that state. That the pope is the author, promoter, and maker of so many wars and homicides sets a baneful example. For he does [under cover] that which is manifest in the person of others: he scolds, he argues, he opposes. If he could retain his usual income

without burden and hindrance to the care of the souls entrusted to him, avoiding worldly pursuits and opportunities for evil, and he presumes and dares to refuse this, who can acquit him of covetousness, arrogance, and rash presumption? What man would dare to consider himself adequate and worthy of the power of both swords in so great a commonwealth? How can he escape the great fault of pride? So many powerful arguments may be advanced in support of this position, especially by those who have knowledge of what goes on in those lands, that I do not believe they can be adequately confuted by anyone.’

fees. : 102 The Recovery of the Holy Land: Part I

of the gifts they continue to bestow. The cardinals have been accus-

- tomed to maintain their positions through such irregular gifts and 42 [XXV]. After these reforms have been effected the rule should be made that the cardinals and the pope, on pain of heavy punish-

ment, are not to exact gifts in addition nor retain such gifts if granted. |

| The harshest punishment should be imposed upon the donors and recipients of such gifts. ‘The number of mounts and attendants of the cardinals should be limited as well.

It should also be arranged that a portion of the estates of all deceased cardinals and prelates, both the great and the lesser, be

. devoted to the fund for the Holy Land until it is fully recovered

| and fortified. [To this should be added] all the property of such

clergy as happen to die intestate. — ,

oe 43. It should also be requested that all other beneficed clergy be required to bequeath a fourth of their property to the said fund.

| 44. Also, that all property abandoned or otherwise not included | in the property of some individual, remittances due persons un- known, unsettled debts due deceased people whose heirs cannot be _ found, legacies fallen to unknown persons and left without definite

provision, and other property which can in any way be withheld or _ acquired without injury to anyone, be applied to the same fund. © 45 [XXVI]. It should also be arranged that the patrimonies of the several prelates, by reason of which they are held to military service

and enabled to carry on litigation in the secular courts, be in like manner turned over to trustworthy and suitable protectors in return for a perpetual annual subsidy. If proper recipients of these patri-

, monies cannot be found at once, let bids be received and let them with the attendant incomes be placed in trust for two or three years in order that their value may be better known, thus avoiding the possibility that those who turn over the patrimonies in perpetuity be defrauded in the matter of valuation. Whoever so receives

, the fiefs of prelates should assign property [of his own] as security. _ If he does not pay the annual subsidy as agreed, the security shall _ revert to the Church in perpetuity. This proviso will insure the

- Church against loss of income by fraud. Oo If only the ancient enemy will suffer this reform to be carried out when he considers that he is cheated by such a course of action and

The Recovery of the Holy Land: Part I 103 that his chains and enticements are thereby greatly hindered! If the prelates under this arrangement have a smaller income than before, they will lose nothing, for they will be spared much more—even

in a pecuniary sense—in salaries of lawyers and agents, and in personal expenses for magistrates and the many other matters by which they are commonly burdened by reason of their patrimonial territories. After carefully considering these suggestions, just as the author of this treatise has himself considered and pondered them, the prelates

will doubtless be able to hit upon some method of utilizing these reforms to increase the great revenue flowing to their coffers beyond

what they now enjoy. Nevertheless many of them, instigated by Satan, will murmur against these proposals, vainly seeking rhetorical excuses and other sophistries for avoiding them. May He who knows all things from eternity have the will by His grace to fight against these objections.

By this reform some prelates who have been accustomed to provide twenty or more liveried retainers, as well as many other expenses, will be limited to four. Many of the lawyers who practice in secular courts will be the

losers by this reform, for prelates who will henceforth hold their patrimonies in the form of an annual pension will no longer be responsible for paying them the usual salaries and other perquisites which these lawyers have been accustomed to receive from many sources and in many ways, direct and indirect. 46 [XXVIT]. If this reform® can be realized, the whole commonwealth of those who worship Christ will set up as their aim a single goal. This they will seek, and they will organize, direct, and dispose

all their energies toward that end, avoiding discordant activities. All their efforts will be directed toward augmenting and exalting the Christian faith. This is in harmony with reason; for, as the Philosopher says, “The world is a unit, just as an army is a unit.’®¢ Now an army is considered to be a unit because of the unity of its organization, since the goal which the leader of an army seeks and works toward is victory. Every man in the army ought to have this 85 These extreme measures, corresponding to that which is recommended in chap. 40 above, in the matter of the papal patrimony, had not occurred to Dubois when he wrote the Summaria; he presents them here for the first time. 88 Metaphysics A. 10. 1075a 12-15.

| 104 The Recovery of the Holy Land: Part I | purpose and strive with all his might toward this goal. If this be done

| and objective. , - | |

| as it should be, the army will seldom or never fail in its purpose

: In like manner ought the forces of the world to be directed toward | a single goal, namely, toward the Supreme Founder of the heavens and earth and all things. Everyone does seek this goal, as Boethius says;®’ but many evil persons do so erringly, seeking it in taverns

and brothels, thefts and pillage, and in simony and other unlawful _ activities. Such persons err as widely as do those who seek fish in the

mountains and game in the sea. He who seeks this goal where it is, _ finds it. Hence those who are—or ought to be—the most perfect of men, such as the prelates, ought to seek this goal neither in wars nor

a in litigation nor in wranglings, especially over secular matters, but , in the reading and teaching of Holy Scripture, in prayer and activities pertaining to the workaday world, after the manner of Mary © and Martha. They should seek a happiness both contemplative and © civic, to borrow the Philosopher’s words.®8 If they resist the proposed

reforms and strive to return to their worldly wranglings and occupations, the words of the Savior spoken of such people can be applied to them: ‘No man putting his hand to the plow, and looking back, is

fit for the kingdom of God.’®? OS |

47 [XXVIII]. That this reform would be most laudable and in ~

, harmony with the ordinance of the omnipotent God, ‘whose act,’ , according to the apostle, ‘ought to be our instruction,’®® can be

proved conclusively. , | | _ I submit that what is written in the Old Testament is the symbol .

and model of the New. |

_ _T submit further that the Lord gave the Land of Promise—which

| we Call the Holy Land, being sanctified by the presence and acts of _ the Lord and by His blood—to the twelve tribes of the sons of Israel

mandments. - | , ,

because they served Him and kept and taught His law and com| I submit further the fact that the sons of Levi, priests and Levites, taught and observed this law and served God much more scrupu_ lously than others. And yet God willed that they should not have a

8° Luke 9:62. |

| 87 Based on Consolat. philosophiae Im. 10. | 88 Politics VIL. 2. 1324a 27-30. ,

, °° A paraphrase of Rom. 15:4. | -

The Recovery of the Holy Land: Part I 105 share in the division of this heritage, but commanded Joshua to divide it among the eleven tribes. The tribe of Levi, especially appointed for His worship, was to be content with tithes of the fruits

of the other tribes. He did this in order that they should not be hindered and called away from their divine office to the task of cultivating the land. 48. Therefore, if the prelates in exchange for their patrimonies can have the wherewithal to live—in fact quite as much as they formerly had after deducting expenses and the customary fees—and if they refuse this because they might have a trifle less than they enjoyed

under the old system (which I do not believe, but am thoroughly | convinced that they would have a much greater income than be-

fore), will they not be out of harmony with the ordinance and teaching of the Lord? And if they set aside the ordinance and wisdom

of the Lord because their personal opinions run counter or adverse to the Lord’s deeds and His teachings, can they not with reason be rejected by the Lord? He will say: ‘Ye have refused the opportunity offered for the salvation of your souls and the souls of them for whom ye are responsible; ye have chosen the way of perdition for your souls. Because ye thus look back ye are not worthy of my kingdom. In so doing ye have not heeded my commandments, my precepts, and my counsels; ye have refused to love me and your neighbors with your whole heart, and have sought excuses for your clearly evident failure to love wholeheartedly. Ye have not noticed that the Philosopher, who used mere reason, wrote, ‘‘He who merits congratulations for his contemplative happiness is entitled to food and raiment and other things necessary to sustain life; but it is not needful that he be lord of the land and the sea.”’®! Ye have not even observed that in the canon of the holy fathers it is set down as a good example that Socrates,®* that man of Thebes, cast his riches into the sea that he might be able to ponder and study freely. But ye have desired not only riches; nay rather, ye have desired them although often involved with wrangling, litigation, and wars. Ye have refused peaceable wealth which would have been incomparably less of a hindrance to contemplation.’ 1 Nicomachean Ethics x, 8. 1178b 28— 117924 5.

82 Not Socrates, but Crates of Thebes, a disciple of Diogenes and teacher of Zeno. The reference is to Corp. jur. can., Decret. Gratianit Pars II. can. 71. C. xii. qu. 2 (I, 711).

106 The Recovery of the Holy Land: Part I How can the prelates answer that, and how can they excuse themselves if they refuse to carry out the proposed reforms? [XXIX] If these proposals be adopted, it does not seem likely that the enemies of peace will be able to put forth a plausible pretext for obstructing such reforms. They will be embarrassed, and for the most part cheated of their desires, despite their ability to see and

recall everything in the present and past since the world began. _ [fanyone does attempt opposition, he would be well advised to make the attempt on the pretext of variant readings and copyists’ errors | in the Scriptures. The Scriptures cannot be published without being

| written at different times, even by the same scribe, nor without errors of addition or omission, as the civil law says. This is due to _ the harmony of motion in the heavens together with their changing aspects and to the influence of the heavenly bodies. But since in the

| goal which we seek ‘there is no change, nor shadow of alteration,’™ the prelates will not look for variant readings if they wish to use this means of comparison. They will be guided by right reason,

not examples, and say, ‘Our many holy fathers, prelates of the sacrosanct Roman and other churches, older and wiser than we, held

| patrimonies in this way; we wish to imitate them by living and holding patrimonies in the same way.’ They may be answered thus:

_ *That does not follow; for the holy fathers were steadfast and ad-

| ministered their temporal and spiritual affairs satisfactorily. When the moderns follow their example they but greatly increase the wranglings and faults of mankind. According to the civil law we ought not to have regard for ‘‘what is being done at Rome nor what

| has been done, but what ought to be done and what ought to have been done.”’®5 We should not hesitate to adopt new methods when

their usefulness is evident.’. | , ,

[XXX] Does not Averroes*® say that the Arabs suffered many evils

_ because they believed that their laws were to be universally obeyed 88 [ have not been able to find this expression in civil law. Sn

45 Corp.Jas. 1:17. jur. civ., Digest 44. 1.oo 20. | | ,:

86 Averroes (1126-98) was the greatest Moslem philosopher of the West, and one of the greatest in the Middle Ages. His writings reached the Christian schoolmen at about the same time as the ‘New Aristotle,’ of which they were for a time considered to be a | part. See G. Sarton, Introduction to the History of Science (3 vols.; Baltimore, 1927-48), II,

in 1949.

355-61. An edition of the commentaries of Averroes on Aristotle is being sponsored by the Mediaeval Academy of America; the first volume (Vol. VII of the series) appeared

The Recovery of the Holy Land: Part I 107 and in no instance modified ? Was not every law and statute of the civil code framed in accordance with what was good and expedient? Indeed, scarcely anything in this world can be found which would

be good and expedient in every place, at every time, and for all persons. The laws and statutes of men therefore vary with place, time, and individuals. Many philosophers have taught that this should be so when expediency clearly demands it. The Lord and Master of all knowledge, who is master of the holy fathers and of the

philosophers, changed in the New Testament many things He had commanded in the Old in order to teach us to do likewise, and to do it without misgivings. The apostolic canon proclaimed by the aforesaid holy fathers says this in so many words: ‘It ought not to be considered reprehensible that human laws are sometimes changed

with changing times; for even God Himself changed many things in the New Testament which He had commanded in the Old.’%” The rule of civil law puts it thus: ‘In civil law every definition is dangerous; for what cannot be altered is inadequate.’°§ And another

exception.’ |

rule says, ‘In all our law a general principle is modified by an Hence this was, is, and ought to be the way to establish laws: after a general law has been enacted for the common good, if it appears

that anything unduly harsh or absurd or iniquitous results from applying that law strictly in a particular case under the rule, it has been and ought to be the custom in such a case to make a directly contrary decision, lest injustice arise from the general law. That is to say, a special law ought to be applied to a particular case and within limits, modifying the generally published law when a special situation arises. Did not Saint Augustine, teacher of the English, as may be read

in his own canon, determine that he would not ordain any clerk unless the latter would renounce his property and lead the communal

life of a monk? Afterward he found out that many in order to be 8? Corp. jur. can., Decretal. Greg. IX Lib. IV. Tit. 14. cap. 8 (II, 703). Inthemanuscript this whole sentence appears as a marginal gloss, possibly added by the scribe as an explanatory note. 88 Corp. jur. civ., Digest 50. 17. 202. 99 Corp. jur. civ., Novellae 74. 3. Preface.

1 Dubois is in error in attributing this anecdote to Augustine of Canterbury. It is found in Augustine of Hippo’s Sermon No. 355, ‘On the life and habits of his clerks,’ in Migne, Pat. Lat., XXXIX, 1573.

108 The Recovery of the Holy Land: Part I ordained were pretending that they would and were doing this, and

yet were not. Therefore, in order to avoid the resulting evil of

| hypocrisy, he said, ‘Certainly, I am he who had decided that he would ordain no one unless he did thus and so; but because I have learned that many are deceivers, behold, in the sight of God and you I am changing my rule.’? And so this holy man within a short time changed his rule and his statute because of its abuse. The rule

was a good one, if only his clerks had well observed it.2 2 Corp. jur. can., Decret. Gratiani Pars IT. can. 18. C. xii. qu. 1 (I, 683). , 8 This anecdote, with the same error in ascription, appears in the Summaria (fol. 28v; Kampf, pp. 47-49) in Dubois’ discussion of the principle that there is nothing in this world so good but that it may carry with it some ill consequences: ‘It seems that this principle can be found even in the decrees of the holy fathers, namely, the fact that although certain things may be good in themselves, yet many evils have resulted from them. It is difficult for men so to live that they avoid mortal sins [altogether]. Nevertheless, from the writings of the Old and New Testaments [the fathers] have decided that many things ought to be done and have prohibited the doing of many things under penalty — if the contrary should be done — of incurring the guilt of mortal sin. These sins are the devil’s snares for capturing souls for himself; through these snares and the opportunity [offered] by them perchance a greater number of souls have perished and will perish than the number which will be saved by their teaching and examples. This fact was observed by the blessed Augustine the lesser, who had decreed that he would not ordain any clerk unless he were willing to live as a monk. When he noticed that in this matter many were become hypocrites, he summoned a council of his province and revoked this statute because the evil of deceit was resulting from it. This may be read

in his decretal [C.] XII. [qu.] 1. [can. 18], in the chapter Certainly I am he who. And I believe that other holy fathers, if they were now living, would revoke much ... that they decreed and prohibited on pain of incurring [the guilt of] mortal sin, and

that those now living in glory would strongly wish that they had made similar

revocation. Because of the good intentions which they had when so legislating, they are

believed to have done all things well. Yet perchance on the great Day of Judgment many who will be damned by the force of their statutes and the snares which they

| indirectly laid will loudly complain to them... ‘‘Why did ye prepare, lay, and set snares for us? Why were not the snares of the Old and New Testaments sufficient ? The apostles

and evangelists, Lawrence, Dionysius, Martin, and Nicholas, did not prepare such snares and wiles. Not they, but ye; ye have shown yourselves friends of Satan. Well ought Satan to have spared ye the temptations of the flesh; in your place ye have given

him many, yea countless, souls... .”’’ : |

‘Dubois had also pleaded in the Summaria (fol. 317; Kampf, p. 52) against the spirit of

conservatism and in behalf of the spirit of reform: ‘Whatever may be written and considered with regard to the holy Roman Church, I firmly believe that the holy fathers — as far as their intent is concerned — did all things well. Nevertheless I have deviated from. their position and touched upon these matters with a purpose, namely, to persuade his royal majesty to change, correct, and modify the customs and decrees of his ancestors and others, even of the saints, if he should perceive that many dangers, perils, and inconveniences arise from the observance of customs and decrees because of a difference of persons, times, and places. Sometimes the Lord reveals such reason for alteration to a lesser person seeking wisdom, which He has not revealed to a greater _ person meditating and praying at a different time. The Lord gave us a precedent for so doing when He changed in the New Testament much that He had decreed in the

| Old. Following this precedent, the lord pope, framer of the canon, wrote, “‘It ought not to be judged reprehensible, but in accordance with changing times, when human

The Recovery of the Holy Land: Part I 109 Many prelates use the defense of their patrimonies as a pretext for engaging in wars, seditions, and litigation. They neglect their spiritual duties, or at least give more careful attention to their patrimo-

nies, and on their account incur greater expense, care, and labor than they devote to their spiritual duties. Why do they not entrust the task of defense to others, retaining the usual income for themselves after paying expenses and fees, like those prelates who entrust

to others the task of hunting wild beasts, and work through others while retaining their booty ? | 49 [XXXI]. If someone objects, “There are some prelates who do not neglect the care of their spiritual duties for the sake of defending their temporalities,’ one may reply that this need not stand in the way. The framers of laws and canons are accustomed to concern themselves with things which happen frequently, not rarely. It is

true that some prelates are bothered more than others by these distractions. He who is the more bothered, the more and more assiduously devotes himself to wars and litigation, and is the more praised in the eyes of the worldly-minded, whose wisdom is foolishness in the sight of God. Such men are so led and influenced by these considerations that they look upon worldly glory as their whole reward, and others are induced to imitate them in culpable fashion. Meanwhile the old enemy of every consideration of peace and the salvation of souls continually works and labors with his united army as hard as he can for the destruction of men’s souls. If Satan sometimes invokes the aid of seven spirits worse than him-

self for the purpose of attacking and corrupting one single individual, how much the more will he gather a multitude, his army so to speak, in order to frustrate the purpose of this treatise, which is to resist so great an opportunity for the ruin of souls? He sees every-

thing in the present, remembers all that has gone before, and is skilled in the knowledge of conjecturing the future from the past and the present. It will be very difficult to avoid his army of demons

with all their persuasions, hindrances, and temptations; but as has been mentioned above, it will not be impossible. For Satan himself (who is considered the father of lying, and all liars his sons, just statutes are modified; for even God Himself changed in the New Testament many things which He had ordained in the Old.” His holy royal majesty should desire to act in like manner when and where and in the case of such persons as evident utility and necessity demand.’

ILO The Recovery of the Holy Land: Part I as God is truth, and truthful persons, in so far as they are such, are His sons) lies in many ways when he persuades the prelates by arguments manifestly controvertible, deceiving them through lies, just as he deceived our first parents. Certain it is that this is a problem of ethics; therefore a true conclusion cannot be reached by means of showy demonstrations.‘ It is customary to enact general laws first; then, whenever any absurdity or harmful injustice arises in a particular case under a general principle or rule of law strictly applied, it is customary to frame a special law modifying the general law. Similarly, when an absurdity or other manifest evil follows generally from observing a Jaw or universal canon, it is customary and proper that the general law be thoroughly revised by him who has-the pow-

er to do so. Therefore the supreme proposer of canons can first decide anew what is required for the advantage of the Holy Land and the salvation of the whole commonwealth of Catholics. 50 [XXXIT]. Conditions among the regular prelates are also in

need of reform. In the first place, the prelates should retain all offices and functions of a secular nature in their own hands, take them away from the monks, and cause them to be administered by suitable secular clergy, whom they may choose with the advice of

three or four of their monks who are prudent and experienced beyond the rest. Furthermore, the regular prelates, just like the secular prelates—and for an even stronger reason—should at once be required to make over to a perpetual trust their own temporalities, by reason of which they have from time to time been accus-

tomed to busy themselves around the courts and be distracted

from their contemplation. |

51. If the secular and regular prelates protest that it is harmful to their interests to make this transfer to a perpetual trust, they can

be persuaded thereto by their emperors, their kings, and their princes. These latter are able to look back and show that they expend a great part of their income and the produce and revenue of their estates in any given year in ruling their lands, defending them, and in administering justice and rendering judgments. I have heard that although the revenues and produce of the kingdom of Navarre “Compare the Summaria (fol. 28r; Kampf, p. 47): ‘For this ethical problem, arising not from inevitable but from probable principles, is debatable in accordance with the very eloquence of the disputants for each party to the controversy, because of what

would be pointed out.’ |

The Recovery of the Holy Land: Part I III amounted to fifty thousand Tours livres, the king of the French, because he ruled through others, had scarcely fifty thousand solidi after deducting his expenses and the charges of administration and defense.

52. Suppose someone should say to kings and princes: ‘If anyone of you demands the enactment of such a law against the prelates,

let him abide by the same law. Suppose that you first so transfer your own temporal property, and by so doing set the prelates a good example;° otherwise keep silent on this matter.’ He may be answered that just as the prelates cannot escape their responsibilities by assigning to others the direction of things spiritual, so it is with princes in respect to things temporal. For just as the wealth of the churches is given and entrusted to the prelates in order to aid in every way the guidance of souls, so temporal property has been en-

trusted to princes in order that they may everywhere guard the peace of their countries, defend them, resist any evils whatsoever, give judgment, and do justice by rewarding the good everywhere and punishing and correcting the wicked. Princes, especially those who acknowledge no superior on earth in temporal matters, have judicial authority, and are accustomed to pronounce a more severe judgment in the case of their own delinquent officials than in the case of any others. They find it advisable to remove these subordinates from their positions for minor offenses, after the manner of

monks who are under fear of removal and penalties inflicted by correctors and inquisitors through summary procedure. Such punishment could not readily be inflicted upon those who hold their posi-

tions by permanent tenure. It is therefore better to make such appointments for a limited period, rather than in perpetuity; officials can then be more readily punished and for less serious offenses

with less investigation, and can be transferred more frequently. Where prelates are involved it is far better that they be judged by others rather than by themselves and that their administrative acts be performed by others. Proofs can more readily be adduced against

another who holds property in behalf of a prelate than against the prelate directly. Indeed, in a number of instances, many prelates 5 ‘The text appears corrupt here. The manuscript reads: ‘exemplum ut sic faciant dantes prelatis.” Dubois would scarcely begin a direct quotation in the second person and then continue it in the third person. Zeck (Der Publizist, p. 115, n. 93) suggests the emendation, ‘exemplum ut sic facientes detis prelatis.’ ‘The translation follows Zeck.

112 The Recovery of the Holy Land: Part I _ have maintained that they cannot be punished by temporal princes for felony because of their personal acts. [They even maintain that

whatsoever. :

they cannot be punished by such princes] for any personal act

, 53. Moreover, it is easier to devise a method of procedure against _ others who hold property in behalf of prelates than against the prelates themselves; the others will stand in greater fear of costs,

penalties, and fines. | |

Furthermore, princes would remain idle unless they were busied with governing their subjects, and so we may presume that they would oftener have time to waste on wars and the sensual deeds of idle people. Such opportunity for wickedness ought rather to be

-avoided than sought out and chosen.

54 [XXCXTIT]. The attempt should be made to have all monks | loitering in places and monasteries not conventual$ recalled to their

| abbeys, that they may lead a monastic life there. Lest divine worship in [such non-conventual] establishments be lessened, a chaplain

' every day. a

should be appointed for each of their chapels. These chaplains should

_ have modest livings and should celebrate the divine offices there

55. What shall be done with the property of non-conventual pri— ories having but three or four monks? If the abbey lacks a separate conventual priory adequate for occasionally transferring the residence of monks who for some local reasons behave ill in the abbey, let a single conventual priory be established with scant provision for its monks. The monks will then fear to be sent thither and will behave better in their own abbey through fear of being sent to live

in the meagerly endowed priory. .

56. But if the abbey is not in need of such a conventual priory, the prior and monks of priories with so few should be transferred to the abbey and serve the Lord in the cloister. From the property of dissolved priories there should be assigned

to the abbeys an amount equal to the actual expenses of so many

| monks per year. Celebration of the divine offices will thereby be | augmented and performed in a better manner. The abbeys will recover their sons who were wandering to and fro outside the clois-

| ter, and will no longer be burdened with temporal matters. Abbots

, *See chap. 30, n. 64, above. -

The Recovery of the Holy Land: Part I 113 and other superiors will exercise greater solicitude for spiritual losses and will encounter far fewer perils.

In this way all the properties of a monastery will be in the hands of one person, namely, him whose duty it is to manage them. He

will not fear to correct and compel his sons to observe the rule because of treasure hidden in their purses by the pernicious practice previously mentioned.’ By means of such treasure they have been accustomed to strive and mutiny for the deposition of their abbots, provoking them and appealing against them. In this way they have been squandering most of the monastic property and storing away much in purses sequestered outside of the monastery, frequently losing it as well as the souls of both depositor and receiver.

These serious and notorious spiritual and temporal defects have moved the writer of these words to think and to write for the common good, although he has received and probably will in the future receive many large fees out of such property if the Author of life grants him a long life. 57 [XXXIV]. What shall be done with the property of such priories which remains after making the deductions suggested? One may answer that according to the precepts of the holy fathers the

regular and secular clergy are not the masters of ecclesiastical property, but only its administrators. From it they may, by decree of the Church, receive food, raiment, and other things necessary to support life. The whole residue belongs to the poor and is for them. Whatever is retained by the administrators to the prejudice of the poor, or is applied to alien uses or withheld to the injury of Christ and the poor who are His members, 1s theft, rapine, and sacrilege.

The fact remains that those remote priors and almost all the clergy greatly misuse that remainder of the property belonging to the Church and the monasteries. Therefore they ought to lose for all time the privilege or—to speak more truly—the opportunity of administering property of this sort according to their own desires. [This will prevent] the secular clergy from storing up such vast riches to the great injury of the poor, whom they frequently see near their treasures but do not pity even though [the unfortunates may be] perishing from cold and hunger. The council should also be requested to decree that the greater 7 See above, chap. 30.

114. The Recovery of the Holy Land: Part I | | part of the property of deceased persons, together with the residue of the property belonging to the said priories, be applied to the above mentioned foundation® for the Holy Land and what pertains thereto, which will tend to reform and truly unite the whole commonwealth

of Catholics. This purpose can probably be most readily accomplished in the manner described below. The necessity and evident usefulness of this vast foundation, which could scarcely be conceived

of otherwise, can be set forth as follows. ,

[XXX V] The measures required for the recovery and maintenance

, of the Holy Land have been discussed above, but the measures which will be required for the well-being of the inhabitants of that

land have been neither provided nor discussed. Suppose that those who dwell in that land live wickedly (as it is written, ‘Places do not sanctify men, but men sanctify places’).® How will a kingdom and power of evildoers endure, supposing that

men congregated there from practically every part of the world begin to lead wicked lives and accustom themselves to such a manner of living? And instead of changing it, fix it as a habit, which is another nature, since it alters nature ?!° To avoid this evil it would be well that everyone might find there a confessor conversant with

his own language, and well educated—a physician for the soul. 58. And a physician for the inner and outer body as well. Men experienced and skilled in such matters are scarcely ever found to remain among us. Such men would soon grow wealthy among us and would not cross thither in sufficient numbers since there

| - are not even enough for us. © a .

— 59 [XXXVI]. It would also be of advantage to those at the head

| of the kingdom of Jerusalem to have many trustworthy secretaries , acquainted with the language and writings of the Arabs and other idioms of the world." It is said that in the oriental countries there § Up to this point Dubois has used the term subsidium in speaking of aid for the Holy

Land. From now on, evidently having in mind a permanent fund for this purpose, he uses the term frovisio, which I have translated ‘foundation.’ For his earlier discussion of financial aid for the Holy Land, see above, chaps. 42-45. ® Corp. jur. can., Decret. Grattant Pars I. can. 12. dist. xl (I, 148). __

10 Nicomachean Ethics vil. 10. 1152a 30.

, 11 The idea of founding the study of oriental languages in the West and of forming a body of trained interpreters appeared in the first half of the thirteenth century. See the bull of Innocent IV, June 22, 1248, to the chancellor of the University of Paris: ‘We have arranged that certain youths versed both in Arabic and other languages of the

The Recovery of the Holy Land: Part I TI5 are certain Catholic peoples, not under the obedience of the Roman

Church, who disagree with some articles of the faith which the Roman Church holds. Their supreme bishop, to whom all are obedient, just as we obey the Roman bishop, is called pfentharcos.2 He is

reported to have nine hundred bishops under him. If this be so, he would have more under him than the lord pope. It would be well

if these bishops, together with their people and the many others who dissent from the observance and obedience of the Roman Church, could be united to that Church and made obedient to it, and enter its communion. This is a vain hope, unless the Roman Church had many men well lettered in their idiom through whom it might correspond with them. The Holy Land and its rulers could not get the full benefit of their aid and cooperation unless they also had many persons well lettered in their idiom. As Plato says on this subject, ‘Speech is given you in order that through it judgments of

the mutual will may be quickly made.’ | The Lord has willed and provided that the Roman pontiff, His vicar, the successor of Peter on earth, shall be the head of the universal Church and that all shall obey him, as the pronouncements of the holy fathers declare. Therefore it follows that the Lord has willed and does will that all things necessary and conducive to this end be provided; otherwise His will would not be completely established.

To hold the contrary would be heretical. But how shall the Roman pontiff draw these [eastern peoples] into unity and obedience to the Roman Church? He is unacquaintoriental countries be sent to Paris to study, so that after learning from the sacred page the ways of the Lord’s commandments they can, when their education is completed, teach others the way of salvation in the lands beyond the sea’ (Chartularium universitatis Parisiensis, 1, 212). In 1254 a school for the study of Latin and Arabic was established at Seville (Scholz, Publizistik, p. 403, n. 222). On the educational projects of Raymond Lull, see Histoire littéraire, XXX, 11, 47; Delaville le Roulx, I, 28 f. The views of Roger Bacon on the subject are found in Part ITI of the Opus mazus (ed. J. H. Bridges [3 vols.; new ed.; London, 1900], Vol. III) and in the Opus tertium (ed. Brewer, pp. 88-95). 12 Dubois mentions the fentarcos in one of his tracts against Boniface VIII, La Supplication du pueuble de France au roy contre le pape Boniface le VIII (in Dupuy, Histoire du différend,

‘Preuves,’ p. 214). He also mentions him in De facto Templariorum (Boutaric, Notices et

extraits, XX, Part II, No. XXVIII, and Lizerand, Dossier, pp. 96-101): “The Greeks and the Pentarcos of the Orient, with nine hundred bishops and their baptized people subject to them.’ Renan held that the term was derived from the Arabic batrak and was used to denote the patriarch of the Nestorians, or Chaldeans, or oriental Syrians (Histoire littéraire, XX VI, 502). Dubois may have had in mind the Greek patriarch. 18 Timaeus 4.7 C.

116 The Recovery of the Holy Land: Part I ed with their languages; he cannot understand them when they speak, nor they him. How shall he remove errors from their hearts unless through wise and faithful interpreters who must first understand the language of both and expound their mutual wills? Such

, interpreters must know how to respond so reasonably to the objections of the barbarians that they destroy their erroneous opinions; they must be able to convince them with incontrovertible arguments and draw them to the truth of the Christian faith. _ There are and will be many other reforms conducive to this end, which will appear from what follows. By means of the following plan, with God’s help, these reforms may be attained eventually, although

not at once. The Roman pontiffs, since they are called to their exalted position at an advanced age and are very much occupied with the care of the great flock entrusted to them, cannot possibly in addition learn the

idioms of such peoples. Even if the pontiffs were versed in those idioms they would not journey to those peoples, nor would the latter come to the pope. There are no interpreters prepared for this task, nor can they be found for all the money in the world unless provided far in advance. Perhaps they will be unable to show any tangible results during the lifetime of him who begins the execution of this plan, after the example of Moses, who did not see the Land of

Promise but only, as it is written, labored for its conquest from without. Nevertheless, the supreme pontiff should not therefore neglect to set in motion this salutary plan. If the Lord inflicts diseases

and sends death because of sins, with stronger reason will the Father of mercy prolong the life of him who inaugurates this plan,

because its objects and purposes are laudable. Is it not written, 14In La Supplication du pueuble de France au roy contre le pape Boniface le VIII (Dupuy, Histoire du différend, ‘Preuves,’ p. 217) Dubois had already set forth these ideas by charging Boniface with the crime of not being a polyglot: ‘Never in person nor through another did he give heed to or teach a hundredth part of the world’s people. There was a great

need for him to know Arabic, Chaldean [i.e., Aramaic], Greek, Hebrew, and all other languages [of people], among whom there are many Christians who do not believe as the Roman Church because they have not been so taught. Such are the Pentarcos of the Orient and the nine hundred bishops under him, almost all the Greeks, and many others; he has neglected the duty of teaching them.... Would that he who lacked the miraculous power to bestow the gift of languages had provided for the instruction in all written languages of a number of apt scholars sufficient to send to all peoples for preaching the Christian faith! And if they had not been sufficiently capable of doing this in his lifetime, his successors would have sent them there, thus perfecting what he had begun, just as Moses began the conquest of the Holy Land but never saw it.’

The Recovery of the Holy Land: Part I 117 ‘Learn as if you were to live forever, but live as though you were to die tomorrow’ ?!° 60 [XXXVIT]. ‘The most holy father and lord pope of Rome, Clement V, seeks the true unity of the Christian religion, which cannot

at once be obtained by the efforts of men. In order to obtain these benefits and innumerable others which cannot all be foreseen and mentioned, may it please him to ordain that with God’s help the following suggestions be supplemented, perfected, or changed, as it shall appear opportune to him and his wise counsellors, who know full well the state of the world.

In every province, according to the local facilities avaible for this purpose and the size of the population, on the property of such priories of the Templars and Hospitalers there should be established what would be better suited to the purpose,!® namely two or more schools for boys and about the same number for girls. The pupils should be selected for instruction there at the age of four or five years, being chosen by some wise philosopher who would recognize their probable natural aptitude for making progress in philosophical

studies. To these schools should be admitted children of noble birth of either sex, if and in so far as they shall be found; afterwards other children [may be admitted], who should be taught continuously after the manner set forth below, which may be changed, perfected, and augmented by wiser heads. These children shall be accepted with the proviso that they shall never be returned to their parents unless they refund all expenses incurred in their behalf. Some will be sent from school to school, and finally to the Holy

Land and to such other lands as the holy Roman Church may determine through those assigned to this task. The students and their teachers shall subsist from the property of the said priories and from the holdings of the above mentioned foundation for the Holy

Land, as the directors of the foundation, appointed by the local archbishops with the advice of experienced suffragans, shall see fit to arrange. 15 Hoyt’s New Cyclopedia of Practical Quotations (New York, [1940]), p. 466, ascribes this

quotation to Isidore of Seville, but I have been unable to find it in Isidore’s published writings. I am indebted to my colleague, Dr. Helene Wieruszowski, for calling my attention to a similar passage in a G6ttingen florilegium of 1366: ‘Vive vacans studio, quasi numquam sis moriturus, Vive carens uitio, tamquam sis cras moriturus’ (E. Voigt, *Florilegium Gottingense,’ Romanische Forschungen, III [1887], 293). 16 T.e., the recovery and maintenance of the Holy Land.

118 The Recovery of the Holy Land: Part I | 61. All these children are to be instructed first in the Latin language, up to the point where they have a good, or at least a fair, grasp of it.1” Afterwards some of them should be given more thorough

training in the Greek language, others in Arabic, and so in the case

of other literary idioms, especially [in those spoken by eastern] Catholic peoples, so that eventually with the help of these youths, trained to speak and write the languages of all peoples, the Roman Church, and the Catholic princes as well, may through them com-

_ municate with all men and draw them to the Catholic faith and

into unity with its head. a,

Now let youths already instructed in grammar be enrolled, with preference given to the younger; if there be some trained in logic, so much the better. Of these, some should be rapidly instructed in the articles of faith, the sacraments, and the Old and New Testaments so that, as soon as they have completed this course of study, they may be sent to the Holy Land to be advanced to the priesthood and thus have the care of souls. From among them provision may be made for the churches and the people. Some should be trained in medicine, others in both human and veterinary surgery; by them

the army and the whole populace of either sex may be helped. [XX XVIII] Girls should be instructed in medicine and surgery,

and the subjects necessary as a preliminary to this. With such training and a knowledge of writing, these girls—namely, those of noble birth and others of exceptional skill who are attractive in face and figure—will be adopted as daughters and granddaughters by the greater princes of their own countries, of the Holy Land, and

of other lands adjacent thereto. They will be so adorned at the expense of the said foundation that they will be taken for daughters of princes, and may then conveniently be married off to the greater princes, clergy, and other wealthy easterners. They must promise

that when married to leading men or to those of other rank they will, during their lifetime if possible, repay to the said foundation

, the sum expended on them. If unable to do so [they must agree , to make provision for repaying it] or any part left unpaid at their death, so the foundation may in this way be increased beyond meas-

ure. It would be an excellent thing for the eastern prelates and 17 The text reads: ‘Isti omnes primo in lingua latina, in tantum quod eam sufficienter

intelligant, vel ante paulatim instruantur.’ _ ,

The Recovery of the Holy Land: Part I 119 clergy to have such wives; it is their custom to marry, and they have been most unwilling to follow the Roman and other western clergy in renouncing the privilege of marriage.1® Wives with such education, who held the articles of faith and the sacraments according to Roman usage, would teach their children

and husbands to adhere to the Roman faith and to believe and sacrifice in accordance with it. They would employ arguments and

opportunities far more effective than those which by the wiles of his | wives led Solomon, the wisest of men, into idolatry. Such women, through love of their native land, would arrange to have many girls from these schools married to their sons and other leading men of the land, especially to clerics who eventually are to be elevated to prelacies. They would have chaplains celebrating [Mass] and chant-

ing according to the Roman ritual, and would gradually by this means draw the inhabitants of those districts to the Roman ritual. Especially [would they influence] the women, whom they would aid

through the practice of medicine and surgery, and particularly in their secret infirmities and needs. It could scarcely happen otherwise than that they, nobler and richer than other matrons and recognized

everywhere as having a knowledge of medicine, surgery, and ex18 Dubois was an avowed opponent of clerical celibacy. In the Summaria (fols. 29v, 3073 Kampf, pp. 49 f.) he expressed his views on the subject: ‘The apostle says, ““To avoid

fornication, let every man have his own wife’ [I Cor. 7:2], thus living chastely. The apostle excepts no one when he says every man (unusquisque), because he who says all (omne)

by so saying excepts nothing. The holy fathers, who were frequently old or decrepit, and could therefore easily avoid fornication and abstain from all association with women, said, ‘““We vow perpetual continence, and we decree that all who are to be advanced to holy orders shall make and observe a similar vow.’? Under penalty of mortal sin they prohibited the attainment and reception of holy orders to those who enjoyed intercourse with wives, and spurned such men. As a matter of fact, they do not reject secret fornicators, adulterers, incestuous persons, and those who by words profess themselves continent but show themselves by their deeds to be the opposite, embracing false pretense and hypocrisy. Indeed, prelates today well know that they frequently admit such persons. We see today that all who receive advancement vow continence and preach that it must be observed; yet few maintain and preserve it, so that they are and proclaim themselves to be among those of whom the Lord said, ““The scribes and the Pharisees have sitten on the chair of Moses’? [Matt. 23:2]. They say, ’*Doye,’’ but do ye not what they do. “By their fruits you shall know them” [Matt. 7: 16]; that is, by their works you shall know them.... Wives are kept openly and without pre-

tense; concubines and the adulterous secretly, by the pretense of not keeping them. Today the great majority of clerics pretend, profess, and assert that they are absolutely continent, and they impute the contrary rather to custom than to a changed attitude, as prudent men know who are experienced in the perilous governance of souls. One may believe them, in accordance with the saying, ‘“Trust an experienced master,’’ such as are today the Preachers and Minorites, who know better than others the state of the world in our times.’

120 The Recovery of the Holy Land: Part I perimental science, would attract matrons in need of their counsel, who admired their skills so advantageous to them and loved them on that account: would attract them, I say, to communicate with them and be glad to unite with them in the articles of faith and the

sacraments. ,

62 [XXXIX]. Also, any future pope, at the time when it becomes

possible to have such persons versed in the idioms of the eastern Catholics, would have at the curia a number of these elegantly lettered individuals, through whom he might write to the prelates and other leading men of those lands. Greeks scientifically trained could thus easily be obtained. When in the more distant schools there were a number of pupils well grounded in Greek and Latin, those who seemed more promising and more teachable than the others should be selected to study, hear, and later to teach other subjects: some the civil and canon law; others astronomy and the several mathematical and natural sciences; others theology; others medicine. ‘The schools devoted?’ to these sciences should be separate

from one another, lest they hinder each other through envy or otherwise. For, as the Philosopher says in his Rhetoric, ‘Philosophers are naturally envious.’*° Then if the pope should send some legate

on a difficult mission to the land of the Greeks—and I think the same policy should be adopted in the case of other idioms and coun-

tries—he ought at the same time to send with the legate two or more persons highly skilled in every branch of knowledge. They would outdo the experts of that country in disputing, advising, discussing, and in every other way, so that there would be no one who

could withstand the wisdom of the Roman Church. Those in the East who depend on reason would praise and fear the wisdom of the Romans, just as the Queen of the East [Sheba] commended the wisdom of Solomon. 63 [XL]. One result of establishing schools of this sort and sending learned persons of both sexes to the Orient would be that valu-

able commodities, abundant in those regions but rare and highly

prized among us, would be transported to us Occidentals in adequate amounts at a reasonable price, once the world were made

Catholic. Many articles which are considered rare and precious 19 The manuscript reads serventia, not ferventia as in Langlois. 20 Rhetoric 1. 9. 1387b.

The Recovery of the Holy Land: Part I 121 because they are not found among us, are abundant in some other place and are there held to be of little value. If one seeks the cause of this fact, the answer is the same as that given by the Philosopher regarding the cause of the position of the four elements, namely: “The glorious and exalted God, who created for man all that exists in the lower world and ordained nothing in vain, has so distributed His gifts in this world.’ If man, at the pleasure of his arrogant and covetous will, should have in this world everything he wanted, he would prefer to remain here below instead of flying to his higher homeland, because his desire would be fixed on the lowest plane. And so man would lead

a disordered life because he would not be directed toward his Creator. Did not Boethius put it well when he said, ‘Only that is and ought to be reckoned as being in the world which retaineth order and keepeth nature’ ?** Therefore he said in effect that wicked

men do not really exist, and that sin is nothing. From this, that wisest friar ‘Thomas Aquinas concluded, as I heard him say in one of his sermons :*3 ‘Whosoever committeth sin, is the servant of sin;*4 but every servant is less than his master. But sin is nothing; therefore

every sinner is less than nothing.’ The Philosopher put it thus: “The world is a unit because of the unity of its organization, just as an army.’*° Now the task of welding an army into a unit through the unity of the goal toward which it strives, which is victory, falls

principally upon the leader and chief of the army. Similarly, the task of making the whole world a unit falls principally upon its monarch,

[XLI] However, I doubt if there is a man of sound mind who

thinks that in this day and age there can be a single temporal monarch for the whole world, who would rule all things and whom

all would obey as their superior. If there were a tendency in this direction there would be wars, rebellions, and dissensions without end. There would be no one who could quell these disturbances because of the multitude of people and the distant areas involved, 41 Apparently from De caelo 1. 4. 271a 34, where there is no allusion to the elements. 22 Consolat. philosophiae tv. 2.

23 Sermo. This may mean lecture rather than sermon, since Dubois undoubtedly heard Thomas deliver lectures (Zeck, Der Publizist, p. 99).

4 John 8:34.

45 Metaphysics A. 10. 1075a 12-15.

122 The Recovery of the Holy Land: Part I local differences, and the natural inclination of men toward strife. Although some persons have been commonly called monarchs of the

world, I do not believe that there has been anyone to whom all people were obedient since mankind filled the earth. One does not read, I believe, that Occidentals living on this side of Greece were subject to King Alexander or submitted to his authority.?® But it is plausible that in spiritual matters there can and ought to be a single prince and monarch who might in a spiritual sense wield a coercive authority in the east, the west, the south, and the north. I cannot see how this can come to pass unless provision is made for learning

languages, either in the manner set forth or in some better way. Even the omniscient Lord Himself, who left us an example when © He taught in figures and parables and other metaphors, gave the knowledge of all languages and wisdom in preaching to His apostles

and disciples who were to preach the gospel to all people, telling them, ‘When ye shall appear before kings and governors, take no thought how or what to speak; for it shall be given you.’?’ 64. There never was, nor is there, nor will there be, any other beside Him who could or can grant so great a gift, so great a favor; to Him alone is reserved the power of performing all miracles. For Him nothing is impossible which can be in accordance with the nature of things. He cannot, of course, cause anything to be at the same time existent and nonexistent; that is, that two contradictory propositions be at the same time true, and likewise in their opposites as regards truth. Indeed, since no created being ever existed which could of itself perform the least miracle, so the omnipotent God in a miraculous manner gave to the preachers whom He chose and sent through the whole world a knowledge of all languages and the ability to speak them, just as if they had been natives of the several regions. This He did to the end that they should persuade all men to believe

and be baptized and be subject to Peter, prince of the apostles, making of all believers a single commonwealth. 26 Compare the Deliberatio, dedicated by Dubois to Philip the Fair: ‘Although chronicles

and the Scriptures [ I Maccabees 1] say that first the Indians, second the Assyrians, third the Greeks, and fourth the Romans held the mastery-of the world, they understand [this to refer to] the greater part of the world, not [actually] to the whole world, because they say expressly that Alexander held dominion over the eastern and Babylonian part

of the world beyond Greece, and that the Romans refused to obey him’ (Dupuy, Histoire du différend, ‘Preuves,’ p. 45. See also the end of chap. 70 below.

47 Matt. 10: 18-19. ,

The Recovery of the Holy Land: Part I 123 65. The successor of Peter, the vicar and beyond all others the imitator of Christ, cannot grant knowledge suddenly and miraculously. Why will he not provide a knowledge of languages and an ability to speak any of them when he is shown a means of turning out pupils who know, understand, and can speak all languages, so they may be sent out to preach? Such means would not only be possible, but even easy for him; inexpensive, and so far as he is concerned, of little trouble. For those people to whom they will preach it would provide other advantages, of benefit not only to their souls but also to their bodies, which would profit especially from medicine and surgery. The founder and organizer of this aid and service will

merit the greatest eternal reward, even though he does not complete | or attain to the intended purpose of a perfect union of Christians in faith and obedience. Divine mercy will perfect the beginning, continuance, and completion of this work. 66. In order that the originators and benefactors of this foundation may attain their purpose, it should be ordered that in every one of its schools each day one psalter be recited, by each one his own part, which will be moderate. Likewise one Mass for the living and

another for the dead, so that the founders and any benefactors, living or dead, may hope for daily recompense. 67 [XLII]. The economic advantages resulting from the proposed

foundation will be of great benefit to the communities of those [eastern] lands. They will export their products and thereby profit much more than if those goods were faithfully devoted to the poor, which would rarely if ever happen. Consider on the one hand the present vast number of paupers, and on the other hand the scarcity of spices and other oriental products which we suffer. Such commodities will be made available to all Catholics at moderate prices. This can be done without seriously inconveniencing anyone, because

many of the familiar dangers and difficulties on land and sea will have ceased. After the incursions of the enemy into the Holy Land have, by the grace of God, been put down, the ruler of that country can order and see to it that its products are transported in its vessels to this side of the sea, that spices and other products are made ready, and that our products are carried thither in exchange.

He can also regulate the purchase price and transportation charges so that the prices of the several commodities can be

124 The Recovery of the Holy Land: Part I estimated, and the daily increasing greed of the merchants be curbed.

68. The lord pope, the cardinals, and the greater clergy, as well as the kings and princes of the regions in which the schools will be located, and also the abbeys from whose property these schools will in part be founded, may through the disciples of this foundation obtain not only spices, but whatever rare and precious things they desire to have from the Orient. In view of their former liberality

these products will be furnished them for next to nothing. | [XLIII] Why should I write more about the advantages of this foundation, if its originators and disciples wish to benefit by it and its privileged distribution of products? All its advantages cannot be foreseen or written down by one single living man alone. As the Philosopher says, ‘Demons multiply not naturally, but in unnatural ways. 28

69. While others are pursuing a policy of inflicting injury on the Saracens, making war upon them, seizing their lands, and plundering their other property, perhaps girls trained in the proposed schools may be given as wives to the Saracen chiefs, although preserving their faith lest they participate in their husbands’ idolatry. By their efforts, with the help of God and the preaching disciples so they may have assistance from Catholics—for they cannot rely on the Saracens—their husbands might be persuaded and led to the Cath-

olic faith. Little by little our faith might be made known among them. Their wives would strive the more zealously for this because each of them has many wives. All the wealthy and powerful among

them lead a voluptuous life to the disadvantage of their wives,

| anyone of whom would rather have a man to herself (nor is it to be wondered at) than that seven or more wives should share one husband. It is on that account, as I have generally heard from merchants who frequent their lands, that the women of that sect would easily be strongly influenced toward our manner of life, so that each man would have only one wife.

70 [XLIV]. When universal peace and harmony among all Catholics obedient to the Roman Church has been established in the manner suggested, and when wars and litigation have been 28 Possibly based on Aristotle’s description of the breeding habits of hedgehogs, De gen. Gnimatium I. 5. 717b 29, or of serpents, ibid., 1. 7. 718a 16-22. Aristotle does not mention

The Recovery of the Holy Land: Part I 125 reduced by the means to be described below,” as well as through influences ordained by the Founder of all things, it follows that Catholics will be far more virtuous, learned, rich, and long-lived than hitherto, and more able to subjugate barbaric nations. They would no longer make war upon one another and would not fear the possibility of such wars because of the severe punishment in store, namely, the loss of their family estates as well as their other property. For this reason it is quite probable that the Catholic princes, mutually zealous, would at once join together against the infidels, or at all events send innumerable armies of warriors from all directions

to remain as a permanent garrison in the lands to be acquired. In this way the commonwealth of Catholics obedient to the Roman Church would be greatly increased in a short time, in contrast to all others lacking a united organization, love, and charity toward God and their neighbors. Much might be contributed toward this end if the study of philosophy were strongly stimulated in our whole commonwealth. The flower of military spirit has hitherto followed the school from king-

dom to kingdom, from the Indians to the Assyrians, from the Assyrians to the Greeks, from the Greeks to the Romans, from the Romans to the cismontane®® peoples, as we read in the histories of the ancients. If the Catholic sect were to form a single commonwealth in all kingdoms and places, and stimulate study in all favorable localities, the result ought to be that this commonwealth would in the course of time obtain dominion over the whole world, waxing greater with the passage of the years. It is hoped, and it even appears probable, that this will come to pass in the realm of spiritual, not temporal, obedience. 71 [XLV]. Students of this foundation*®! could and should make much more rapid progress than others. This is evident from the fact that the skilled and experienced teachers of the foundation would

be urged to adopt a program accelerated in manner, methods, studies, and [means of gaining] experience. Boys of four, five, six years, or older, should be selected, with heads well shaped and apt for making progress, who are not to return to their parents except by ° Chaps. 91-93. $0 T.e., north of the Alps.

31 Dubois here returns to describe in greater detail his scheme for education, already sketched above in chaps. 60-63.

126 The Recovery of the Holy Land: Part I permission of the foundation. Let a hundred or more of these boys receive instruction in one place, well suited to this purpose; first

in reading the Psalter, later during the third part of the day in singing and kindred subjects. At other hours of the day let them be instructed in Donatus,** to be presented according to the Roman custom, so they will take up the attributes, the declensions, and the other divisions of grammar in turn. When a boy is hearing the book of Cato®* and other minor authors he should have four long lessons a day, or as much as his natural capacity can stand; let him not go to sleep over these. He should first listen to the master read, afterwards to another repeating it; let him at once repeat after him, as often, what he seems to know. The declensions and the rules of accent

should be read to him first; afterwards let him promptly repeat whatever he is asked for. The rules should be read to him during the winter. Only in the evening shall he do his Latin composition. When the boys have begun to make a little progress in this let them always speak Latin, accustoming themselves to this at all times and places. After some minor authors, let them hear the Bible in ele-

mentary form* three or four times a day, doing their Latin composition only from its historians and poets in turn, since they would write it but rudely. When on the appointed days they first begin to construe, let them construe the Gradual® and later the Breviary,%® but not the Missal,®? except what is in the Bible. After the Breviary, let them construe the Golden Legend of the saints,®8 and short prose selections from the stories of the poets. Let them write essays based on these stories, or still better, render them into Latin again; they 82 Donatus was the fourth-century author of the elementary Latin grammar which | bears his name. It was in two parts, the Ars minor and the Ars maior. The Ars maior soon -

fell into disuse, but the Ars minor remained for more than a thousand years the chief vehicle for instruction in the rudiments of Latin grammar. It was among the earliest products of Gutenberg’s press. Needless to say, all ‘book learning’ in western medieval Europe was in Latin. See the introduction to the English translation by W. J. Chase,

_ The Ars minor of Donatus (Madison, Wis., 1926). ,

88 A collection of brief moral sayings, chiefly in couplets, which served continuously as

, 84 Pueriliter. |

the standard primer or ‘first reader’ for fifteen centuries. Of unknown authorship, it was by A.D. 500 ascribed to Cato, by whom Cato the Censor was probably meant. See the English translation by W. J. Chase, The Distichs of Cato (Madison, Wis., 1922).

85 An antiphon or responsory sung or recited as part of the liturgy. — 86 A book containing the daily public or canonical prayers for canonical hours. 87 A compilation of all that is said or sung at Mass during the entire year. 88 A collection of lives of the saints by Jacobus de Voragine (d. ca. 1298). It was very popular during the later Middle Ages.

The Recovery of the Holy Land: Part I 127 will be of more use to them in the future than the customary useless exercises. They will then waste no time, as hitherto, and the essays

they compose will be of lasting value to them. When they have heard the whole Bible let them all repeat at least twelve pages of it daily; likewise with stories of the saints. Of the poets let them make simple verses, but only for a short time. When at length they are

about ready to study logic, let them hear all the poetical works during the three summer months, namely, on the first day Cato, on the second Theodulus,®® on the three following Yodzas,*° and so with the others. Let them hear six lessons every day from two teachers; they should be able to understand these by themselves almost entire, since the stories and illustrations will be set forth in simple language. Where nothing is sought from such writings except sentence structure and knowledge of forms, any youth, as soon as he begins to make a little progress, can read and understand them as

readily as a romance. If youths who are apt to progress work at these tasks steadily day and night the whole year round, except for the time devoted to rest, [most of them] will with the Lord’s help be able to complete this training in all branches of knowledge before reaching the age of ten or at least eleven, others at twelve at the latest. While pursuing the prescribed subjects, let the boys at the pleasure of their masters hear the Doctrinale,* in so far as it pertains

to the inflection of nouns and verbs, and finally the Graecismus,*? 89 Theodulus was the author of a famous ninth-century poem, the Ecloga. It portrays a literary contest between a champion of the gods and deeds of the pagan past, and a

Christian. The latter meets each pagan recital with some biblical story and is ultimately : adjudged the victor. The Ecloga has been edited by J. Osternacher (Urfahr, 1902). See also G. L. Hamilton, “Theodulus: A Mediaeval Textbook,’ Modern Philology, VII

(1910), 169-85. In his edition and translation of Henri d’Andeli’s Battle of the Seven Arts (Berkeley, 1914), p. 56, n. 339, L. J. Paetow suggests that ‘Theodulus is identical with Gottschalk of Orbais, whose poems are printed in Migne, Pat. Lat., CXXI. 40 The Tobias of Matthew of Vendéme (d. ca. 1200) is a Latin epic poem relating the

exploits of the two Old Testament Tobits, father and son, and their wives, with many digressions. In the fourteenth century the poem was prescribed at the University of Perpignan (Henrid’Andeli, Battle of the Arts, ed. and trans. Paetow, p. 53, n. 285). The poem was edited by F. A. W. Miildener (Gottingen, 1855). An older edition (1642), more readily available, is reprinted in Migne, Pat. Lat., CCV, 933-80. 41 A grammatical treatise in hexameters, composed by Alexander de Villa-Dei (/f. 1200). While Priscian had drawn his illustrations largely from Vergil and other classical poets, Alexander drew his illustrations from Christian poets of a later age. His work became

immensely popular, and bears much responsibility for the decadence of Latin style in the later Middle Ages. The Doctrinale is edited by D. Reichling (Berlin, 1893). See also Taylor, Mediaeval Mind, II, 152-54. 42 A grammatical treatise in hexameters, interposed with elegiacs, by Eberhard of Béthune (fl. 1212). It gets its name from the tenth chapter, which takes up Greek

128 The Recovery of the Holy Land: Part I. enough to gain a comprehension of its literal meaning but without

any insistence on other formalities. | | 72 [XLVI]. On the completion of these studies let the boys trans-

fer to another school and begin their instruction in logic. At the same time they should begin their instruction in Greek, Arabic, or such other language as the founders [of the new schools] shall direct them to choose. In the study of this new language they should first be taught its word: forms and their grammatical construction. In logic let them hear the [standard] treatises and the compendia

written to explain them. Care should be taken to have someone skilled in this art summarize for them briefly and clearly the matter obscurely handed down by the Philosopher in each of his books on logic; and succinctly, so that after the treatises they may hear that brief art—which would not need an explanation of the writings—

twice or thrice in cursory lectures. Afterwards let them hear the

their fourteenth year. ,

books once in formal lectures.4* This ought to be accomplished by

_ Then let them begin to hear natural science. Because of its prolixity and profundity it is desirable that the Naturalia of friar Albertus,“ etymologies. The Graecismus is edited by J. Wrobel (Breslau, 1887). See J. E. Sandys, A History of Classical Scholarship (3d ed.; 3 vols.; Cambridge, 1921), I, 667. Like the Doctrinale, the Graecismus played a part in corrupting late medieval Latin. 48 Dubois is presumably referring here to the lecture system in medieval universities.

A distinction was drawn between ordinary lectures and extraordinary, or cursory, lectures. The distinction was at first mainly one of time; ordinary lectures were delivered in the morning hours reserved for authorized faculty teachers, extraordinary lectures

later. Eventually the distinction came to be one of quality as well, the extraordinary lecture being a more rapid and cursory manner of going over a book. See Rashdall, Universities, I, 433 f. In the translation I have used the term ‘formal,’ since the term

‘ordinary’ might be misleading. . ,

44 Dubois is probably referring to the scientific works of Albertus Magnus under the general title Naturalia, since no such title appears in a modern catalog of his writings. On Albertus Magnus see L. Thorndike, A History of Magic and Experimental Sctence (6 vols.; New York, 1923-41), II, 528-48. It is clear that Dubois does not share the scorn for Albert expressed by Roger Bacon; he cites these two opponents side by side, just as he places Thomas Aquinas and Siger de Brabant together in his list of good authors. Bacon says of an unnamed schoolman, presumably Albert: ‘His writings have four faults: one is an infinite childish vanity; the second is an ineffable falsity; the third is a superfluity of verbiage, so great that the whole import of those sciences might be compressed into a treatise useful, true, clear, and complete, occupying a twentieth of the space of his volumes. The fourth fault is, that the parts of philosophy which are of tremendous value and of great beauty —- about which I am writing to your glory — and without which matters of common knowledge cannot be understood, the author of these works has omitted. And therefore there is in his writings nothing useful, but rather the greatest detriment to wisdom’ (Opus tertium,

chap. ix [Brewer’s ed. p. 3o]). ,

The Recovery of the Holy Land: Part I 129 containing verbosely the whole thought of the Philosopher with many additions and digressions, be abridged as much as possible, but so clearly that intelligent persons could comprehend this extract without [consulting] the complete writings. The youths would hear this entire extract during the first year in four lectures a day, without questions ;*° they would then hear it for a second time with questions.

Afterwards they would hear the books as they are [customarily] read in the schools. It would also be well for them to have natural questions selected from the writings of friar Thomas,** Siger,4” and other doctors, all

arranged in a single compilation, as on primary matter, its form, composition, generation, and corruption; on all the senses and their functions; on all the faculties of the soul, their workings and nature;

on the elements of nature and their workings; on the heavenly bodies, their nature, influence, and motion. By presenting the material in such a systematic order, it can readily be found and can the more readily be grasped because of its arrangement. It would

be very difficult to arrange [the material] in such a manner, although it would be of great advantage on the road to learning, which would by this means be acquired easily in a short time; once acquired, it would be retained, and readily called to mind. 73. When these studies have been completed, they would hear the moral sciences, namely monostica,** ethics, rhetoric, and politics 45 The formal lecture tended to become a series of quaestiones, raised either by the master or his hearers, and solved as he proceeded with the lecture (Rashdall. Universities, I, 490).

46 The reference is probably to Thomas of Cantimpré (fl. 1228-44), not to Thomas Aquinas. The former compiled a lengthy treatise, On the Nature of Things. On Thomas of Cantimpré, see Thorndike, History of Magic, II, chap. liii; and Pauline Aiken, “The Animal History of Albertus Magnus and Thomas of Cantimpré,’ Speculum, XXII (1947), 205-25. 47 Siger de Brabant (d. ca. 1283), a member of the Arts faculty at Paris and the chief proponent there of Averroism. Dante, although never his pupil, speaks well of him (Paradiso X). Siger lectured on Aristotle’s scientific and metaphysical works, but was driven from the university by his orthodox opponents. In 1923 Grabmann discovered his Quaestiones on Aristotle. His complete commentary on Books I-IV and VIII of the Physics has now been edited by P. Delhaye, Questions sur la Physique d’ Aristote (Louvain, 1941). See also F. van Steenberghen, Siger de Brabant d’aprés ses wuvres inédites (2 vols.;

Louvain, 1931-42). 48 A gloss to line 141 of John of Garland’s Morale scolarium (ed. Paetow [Berkeley, 1927],

p. 200) defines monostica thus: ‘It is to be noted that there are three divisions of ethics, thatis moral science: namely, politics, which teaches how to govern a state, and 1s said to derive from polis, for that is a state; economics, that is stewardship, which teaches how to care for the family, and is said to derive from economos, which is stewardship; monostica, which teaches anyone how to observe the monastic life he follows, and is

130 The Recovery of the Holy Land: Part I similarly extracted and abbreviated. I have seen the Ethics in ten books abbreviated by master Hermann the German.* After this preliminary survey, they would hear the books once in formal

lectures with questions arranged as in the case of the Natural Questions, together with a few arguments written down for each science, since a multitude of arguments is conducive to confusion

of the intellect and sound judgment, rather than to knowledge. 74. Having completed these studies in one year, they would hear the Bible textually®® twice a day and the book of Summae®! in the morning, with questions, omitting those on naturalia. Those destined

to become preachers would pursue this course for two or three years; if some of them did so, it would be enough for the others to go through it once for a year, or even for a shorter period. Afterwards certain ones ought to hear the laws for two years, which would enable them to hear the five volumes®? complete. Thereafter they should hear the Decretum and the Decretals,® the Decretum twice a day

and the Decretals once. Those planning to live as clergy in the house of God might omit the laws, but not the Decretum and the Decreials; those planning a secular career might omit the Naturalia and dwell

more on the morals in civil and canon law. Any who wish to hear medicine should do this after [hearing] the Naturalia, although it said to derive from monos, which is one, and _ycos, which is a guardian in monostica, one’s guardian, so to say.’ 4° Hermann the German (jl. 1250) was a member of the Paris faculty. About 1240 he was in Toledo, engaged in the work of translating Aristotelian writings. See M. Grabmann, ‘Neu aufgefundenen Werke des Siger von Brabant und Boetius von Dacien,’ Sitzungsberichte der bayer. Akad. der Wiss., philos.-hist. Kl. (1924), Part II, 1-48; 8S. D. Wingate, The Mediaeval Latin Versions of the Aristotelian Scientific Corpus (London, 1931), passim; C. H. Haskins, Studies in the History of Mediaeval Science (Cambridge, 1924), pp.

phiae, p. 4.71. , |

| 15 f. See also Brewer’s introduction to his edition of Bacon’s Compendium studi philoso50 Biblice. Legere Bibliam biblice, or textualiter, was exegetical study, as opposed to the

scholastic discussion of guaestiones arising out of the text (Rashdall, Universities; IYI, 710.1).

51 As Renan suggested (Histoire littéraire, XX VI, 513), this is probably the Summulae logicales of Peter of Spain, who became Pope John XXI (d. 1277). The work was intended

aS a compendium of practical rules for students of elementary logic. It became the outstanding exponent of the logica moderna, giving rise to a large body of commentaries and contributing to the skeptical trend which flourished during the fourteenth century.

translation. | |

The seventh and final tract, the most important, has been edited by J. P. Mullally, The Summulae logicales of Peter of Spain (Notre Dame, Indiana, 1945), with an English

52 According to the divisions customary in the University of Bologna the Corpus juris civilis comprised five volumina. See A. Tardif, Histoire des sources du droit francais, origines

romaines (Paris, 1890), p. p. 120. 53 See Introduction, 9, n.| 17.

The Recovery of the Holy Land: Part I 131 would be well that they did not ignore the Bible and the Summae, since these works treat of the principles which are the foundation of all sciences. As the Philosopher says, ‘All sciences are interrelated.’™

It is a great advantage to be conversant with the principles of all branches of knowledge, or at least not to be ignorant of them. Those who prove to be rather slow in advanced studies may, after learning a bit of logic and more of the natural sciences if possible, hear human and veterinary surgery. To this should be added, if possible, [some

knowledge of] medicine, especially for the more capable, so that they may comprehend the art of surgery more readily with the aid of

the art of medicine. These physicians and surgeons should have wives similarly trained, with whose help they can be of greater service to the ill. 75 [XLVII]. Perhaps someone will meet the above proposals with the objection, “What good will it do them to hear the laws for two years when they cannot carry the books with them ?’ I answer, if they

do not have the books when they ought to be using them, it will profit them little. Even so, they will benefit from the [hearing of] canon law and will not be entirely ignorant of it, although it would be far better if they carried the books with them. We ought to take for granted that some of the listeners will have the books with them and that some of those who do not have the books will acquire them;

further, that because of their excellent foundation in the sciences they will make further progress through books learned by independent study after leaving school. 76. It would be well for those students of brief training, who are to be rulers and judges of great cities and peoples, to have their laws

in a single volume, written plainly, briefly, and clearly once only without the repetition of similar cases, and containing clear dicta that can be read and understood without glosses and commentaries. [This can be done] by including all laws of one sort under a single title in such a manner that persons otherwise well educated can un-

derstand and grasp them without a teacher. It would also be an advantage to have the Decretum and the Decretals in abridged form,

so that students with little time at their disposal could retain and take with them in brief form, out of the confused and prolix laws, the

general and special laws on any subject whatsoever. With the 54 Posterior Analytics 1. 11. 77a 28.

132 The Recovery of the Holy Land: PartI | , | help of such manuals, combined with experience, they would govern themselves and others like good citizens in accordance with the general and special powers fixed by custom. Profiting from such experience, they would carry their studies to completion after ac-

| - quiring the books [of the law]. | These abridgments and selections would serve as handbooks for indigent students and also for those who, being busied with other branches of knowledge, such as philosophy and theology, could not

| devote the study customary and necessary for the mastery of huge -tomes.*> Man’s brief life span and his preoccupation with spiritual

| and temporal matters rarely permit him to perfect his study and knowledge of the manifold details of civil and canon law in addition to philosophy and theology. Nevertheless persons well fitted for it,

by pursuing their studies in the manner suggested, can before reaching the age of thirty become highly skilled in civil, canon, and

divine law, and expert in their manner of preaching. When the writings of the Old and New Testaments and the lives of the saints are studied in childhood and repeated in formal lectures on the book of Summae for a year, as prescribed after the attainment of philosophy,

they will from childhood be amply disposed to understand, carry off, and commit to memory sermons preached on the several festival _

| days, and the manner of preaching will be so familiar to them as to become a second nature. This accords with the Philosopher’s story 55 Tardif, Histoire des sources du droit francais, p. 361, ingeniously compares Dubois’ desire — for the publication of Libri portativt pauperum less expensive and simpler than the ponder-

ous volumes of the law, with an unedited treatise of Vacarius. The treatise consists of

, a collection of extracts from the Code and the Digest, annotated and glossed, which Vacarius had compiled as much for the purpose of sparing indigent students the burden-

some purchase of the huge compilations of Justinian as for shortening their studies. ‘One may assume,’ Tardif continues, ‘that P. Dubois was aware of this abridgment; the frequent intercourse of Coutances with England (Vacarius had taught at Oxford) and the relations of this agent of Philip the Fair with Edward I and his court makes this

conjecture very probable.’ |

| The conjecture does not appear sound in view of the slight knowledge of English affairs shown by Dubois. But it is interesting to note, with Tardif, that the Middle Ages produced a great number of manuals of every sort ad usum pauperum; manuals of dictamen, of grammar, of moral theology, etc. Compare the Summa collectionum pro confesstonibus

audiendis of Durand of Champagne (jl. 1299), ‘I... a poor man ... have presumed to undertake the present work for the benefit of the poor, who because of their poverty cannot [afford to possess] a great many books, or who because of their many duties.

| | would not have the opportunity to study or read them through, even if they did possess | them’ (Histotre littéraire, XXX, 304). John of Beauvais had published a grammar which bore the title Liber pauperum (ibid., p. 300). Truth to tell, the Middle Ages had only too

great a liking for compendia of every sort. -

The Recovery of the Holy Land: Part I 133 _ of how Plato trained boys in virtuous deeds so that in the course of time these deeds became second nature to them and they were moved to perform them as natural acts. As he puts it there, ‘Habit is another nature’ ;** that is, it alters nature. [XLVIIT] Experience, proclaimed by many sacred canons as the supreme mistress of affairs, clearly teaches that it behooves prelates, the leaders of the Church, to be thoroughly trained in philosophy, theology, and both laws, and in the use and practice of knowledge of this sort. This is evident to those who have observed the shortcomings of those prelates who have learned, albeit very thoroughly, only civil law, without canon and divine law. 77, The same is true of those who are versed only in canon law, as is the case with some canons regular and monks. 78. It is also true of those who have gained a knowledge of philoso-

phy and theology. A prelate ought personally, and not merely through others, to do those things which pertain to contemplative and active well-being, that he may the more influence, edify, and be feared in accordance with the words of the Gospel, ‘Jesus began to do and to teach.’5” Although it is written by the Supreme Ad-

vocate that ‘Mary hath chosen the best part, which shall not be taken away from her,’® nevertheless this is not sufficient for prelates

in relation to their subordinates. If a prelate wishes to be entirely free for contemplation after the manner of Mary, he ought to enter a monastic order or live in the desert, yielding to another the staff of prelacy. And if prelates are constrained to be active in both walks of life and to be blessed according to them, they ought to be instructed sufficiently for their probable needs in matters pertaining to both modes of life so far as human frailty can comprehend and acquire a concept of knowledge.

In acquiring an adequate knowledge no one ought to define his goal of ultimate perfection in order to rest when he has attained it,

for there can be no one in this world so perfect but that he can profit | by further instruction. Only God can attain to the ultimate end of perfection. 79 [XLIX]. It would be well that some of the pupils of this foun-

1104b 9-13. :

56 Magna Moralia u. 6. 1203b 30. The reference to Plato is from Nicomachean Ethics 11. 3. 57 Acts I: 1.

58 Luke 10:42.

134 The Recovery of the Holy Land: Part I — dation be instructed in the mathematical sciences—in so far as men versed in these sciences shall see fit to provide them in more convenient and briefer form—because of their many practical applications. [This applies] especially to those matters touched upon in the little book On the Uses [of Mathematics|,5® composed by friar Roger

Bacon of the Order of Minorites. Emphasis should be placed especially on those subjects which might be useful for the recovery and maintenance of the Holy Land. Every Catholic, especially the lettered, ought to know the appearance, position, and location of the elements, their size and qualities; the consistency of the celestial

orbs and their size; the speed, motion, and influence of the sun, moon, and other stars; how small the earth is when compared with

them, and how large when compared with man. All this, so that man, admiring these things, may praise their Creator; that he may suppress his worldly desires and not grow proud from worldly — things. For all things in this world, all things here below, are as nothing when compared with Him and should be so regarded. 80 [L]. Suppose someone should object, as many will do: “The methods of learning hitherto followed sufficed for our fathers, whose shoe latchets the writer of this work would not be worthy to unloose.’

The answer is to concede that he would be unworthy. Yet, moved by a natural desire for the recovery and maintenance of the Holy Land, the writer of this work has often considered and pondered what is harmful and helpful to this cause; like a gardener, who first destroys the nettles, thorns, and weeds, and afterwards sows® grain and other crops which he proposes to harvest when fruitful. Therefore he has touched on these matters and on the aforesaid methods _of learning as conducive to the well-being of the maintenance and acquisition of the said land. In that land students would be unable to make good progress, or to possess the means for making progress,

until it be untroubled and free from wars. Nor haply would they

time. Oc ,

, find teachers who would train them for making rapid progress in the useful sciences, for every teacher [under the system now prevailing] would wish to hold students under his instruction for a long

5? The reference is to Opus maius, Part IV. The whole treatise has been translated by R. B. Burke, The Opus majus of Roger Bacon (2 vols.; London and Philadelphia, 1928). 8° The manuscript reads serat, not ferat as in Langlois.

The Recovery of the Holy Land: Part I 135 Every [teacher] commonly believes that his own subject is more important and useful than all others; and, what is more, each one generally believes that the knowledge he possesses and which he desires to master fully is an adequate guide both for himself and for the whole world. [He forgets that] not only the greatest knowledge but also practical experience is essential for the world’s guidance. Nor does knowledge of one subject coupled with practical experience in another suffice unless the two are correlated. Such correlation cannot be achieved unless the manner and time of study are shortened to permit those with theoretical knowledge to gain practical experience so quickly that they can possess and make use of it for a long time before they begin to act foolishly through the decay of their mental powers and ability to make sound judgments. As the Philosopher says, “The organs of sense grow old, but not the virtues.’®

It is then that we realize the necessity of being on guard against mere dreams. Although the intellect is not an organic power, it needs the organs. These organs deteriorate rapidly from dampness and cold, and are weakened more quickly in cold than in warm countries. Therefore aged men of warm regions have more common

sense and better powers of memory and recollection than those of cold regions. Of all regions the temperate are much to be preferred,

since extremes in external surroundings weaken man’s mental powers. ®*

81. For the reasons cited it is well that youths progress so rapidly in the sciences that they come to practical experience in full vigor

and with the expectation of a long life in accordance with the presumption of law and nature. Having first acquired theoretical knowledge and afterwards the practical experience to complement it, they will then be able to rule the minds and bodies of others for a Jong time because of their special training for the task. For, as it is written, “No one is suddenly made supreme.’® 82. Let not the impudent be eager to disapprove the start of such great improvements; let them rather, by the grace of God, strive $1 Based on Nicomachean Ethics Vv. 1. 1103a 25-32.

62 Dubois was a firm believer in the decisive influence of environment. He referred to it only incidentally, but it was one of his favorite themes. Compare chap. 139 and note 88 below. 88 Corp. jur. can., Decret. Gratiani Pars II. can. 14. dist. II de poenit. Dictum Gratiani (I, 1194). The manuscript reads fit, not sit as in Langlois.

136 The Recovery of the Holy Land: Part I to improve and perfect the imperfect work to good advantage. Or, if the matter be dropped, let them strive to hit upon something more expedient and more practical as far as the basic purpose will © permit, and [let them] urge it eloquently. As the Philosopher says, although he himself had, by art, discovered the ways of the sophist and the principles of refuting sophistical syllogisms: ‘It is difficult to discover fundamental principles, but when once found it is easy to add to them.’ In harmony with this, the Lawgiver says, ‘He who | skillfully improves on what is discovered by others is no less worthy

of praise than he who first made the discovery.’® 8g: [LI]. In every school of this foundation it would be well to retain some who might be too weak to cross the sea. When they had been educated beyond the prescribed course of study as far as cir-

cumstances permitted, they might teach others and ultimately be | _made chancellors of the schools. Many Greek, Arab, and Chaldean®* teachers should be sought, as well as teachers of other idioms considered useful. They would give instruction in their lettered languages to our more brilliant students, and to others for whom less | study of the lettered and mother tongues would be sufficient to _ enable them to act as speech interpreters for the unlearned. I think that, just as among us Latins we see that divers mother tongues are included under each lettered idiom, it would be well for those who are believed inept for the study of foreign languages to learn the

: more common of these, which among us Latins is French. 84 [LII]. The students of this foundation, at least the hardier _ ones, ought to be instructed in the military art. Others, who in the course of time will be found backward in the study of letters, should be instructed in the mechanical arts, especially in those serviceable

| to the art of warfare, such as the art of the blacksmith and carpenter. a As the Philosopher says, ‘The military art is nobler than all the _ , mechanical arts, because of the nobility of the goal toward which it _ strives, which is peace.’¢’ To the military art is devoted above all others the art of the smith, productive of weapons, and likewise,

| on these two arts. | |

| it appears, the art of carpentry, for the military art is dependent , 64 Sophistici Elenchi xxxiv. 183b 22-27. ° Corp. jur. civ., Digest, first Preface, 6.

*6 Dubois doubtless meant Aramaic. , , *? Probably based on Politics tv. 4. 1291a, although similar sentiments are expressed in Polttics vu. g and 14, and in Nicomachean Ethics 1. 1. 1099a.

The Recovery of the Holy Land: Part I 137 Some of them ought also to be instructed in the making of various

instruments, such as burning mirrors and other instruments useful in warfare, in accordance with the suggestions made in the little book mentioned above, On the Uses of Mathematics.°8 This can be done with the aid of the perspective arts of mathematics and the natural sciences; by these arts many things can be made which have never been heard of in these western regions.®®

They can also be instructed in many other handicrafts useful for the recovery of the Holy Land and the acquisition of the surrounding territory, as many men skilled and experienced in such matters have seen to be desirable. These handicrafts could not [all] be known

and made clear by one man, from the evidence of what we and our fathers have always seen happen.

It is certain and evident from actual observation, which can scarcely fail anyone, that a man is rarely found to be skilled in two handicrafts, and never in three. How, then, could anyone be found skilled in all handicrafts, which among us are infinite in number? If

not in the handicrafts, then neither in their purpose, causes, and diversity. From this it follows that perfect instruction in these handi-

crafts cannot be imparted by a single author. The reason for this seems to be that the Author of nature, wishing to eliminate every occasion for pride and for lusting after the things of this world, and also to give pretext, cause, or occasion to everyone for tolerating with himself possessors of property and inventors of handicrafts, with no 88 See p. 134 above.

8° Dubois here permitted himself to be led astray by the scientific imaginings of Roger Bacon. For example: ‘Certainly, if the men of Acre and those Christians who are on the other side of the [Mediterranean] sea had twelve such mirrors, they would repulse the Saracens from their boundaries without loss of blood. Nor would it be necessary for the lord king of France to cross the sea with his army to acquire that land. And when he did go, he would be stronger if he had that scientist with two others than the greater part of his army — I would almost say his whole army. Not alone can such mirrors be made, but far more efficacious machines, by which Alexander, on the advice of Aristotle,

laid the world prostrate, not with the power of his arms, but with the products of science’ (Opus tertium, chap. xxxvi [Brewer’s ed. p. 116]). And elsewhere: ‘Similarly mirrors might be erected on an elevation opposite hostile cities and armies, so that all that was being done by the enemy might be visible. This can be done at any distance we desire, since, according to the book On Mirrors, one and the same object can be seen by means of as many mirrors as we wish, if they are placed in the manner required. Therefore they can be placed more closely and more remotely, so that we might see an object as far off as we pleased. For in this way Julius Caesar, when he wished to subdue England, is said to have erected very large mirrors, in order that he might see in advance from the shore of Gaul the arrangement of the cities and camps of England’ (Opus maius, Part V [trans. Burke, ITI, 581]).

138 The Recovery of the Holy Land: Part I more covetousness and envy than is due, thus made infinite all things of human concern, such as idioms—the lettered as well as the vernacular—and places, and regions. He also so multiplied handi-

crafts that not one man, nor a hundred, nor a thousand, nor a hundred thousand, nor a hundred times a thousand thousand [sic], could be self-sufficient enough for their own well-being. To attain

, well-being, in the customary sense of the word, the men of a single province, or of a kingdom, or of three kingdoms, or ten, would not

suffice for one another. |

This is true, to the extent that it appears that all men of this world are normally contributors to their mutual well-being. From this it

follows that, without covetousness and envy of anyone’s natural good fortune, men ought to be mutually tolerant, like gregarious animals which tolerate one another. Thus the Savior of all souls

| expressed His will more in His deeds than in words, so instructing us by word and deed that what the apostle says might come true: ‘Every act of Christ ought to be our instruction.’”° Of the ministry

of teaching it is written, ‘Jesus began to do and to teach.’% And the civil law warns, ‘It matters not whether the Roman people expresses its will in words or in the acts and deeds themselves.’”?

| Therefore the students of the foundation will be so instructed in - divers handicrafts helpful for the recovery and maintenance of the , _ Holy Land and the well-being of its inhabitants as the founders of the system shall see fit in the light of urgent needs. Thus there may be provided and procured by sea from afar articles very helpful to that land, which can seldom if ever be found within its borders. It ~ is commonly said that everything rare is considered valuable. All things necessary and useful for man’s existence and well-being occur abundantly in some places and are lacking in others. The glorious

and sublime God who created all these things for man has so

| - distributed them that man, thwarted by scarcities, will not make it his goal and desire to live always here below.” 85 [LITT]. All the girls of the foundation, like the males, should be |

instructed in Latin grammar and afterwards in logic and in one

1 Acts 1:1. , -

foreign language; then in the fundamentals of the natural sciences,

70 Adapted from Rom. 15:4. | ,

72 Corp. jur. civ., Digest 1. 3. 32. / Oo | 73 A reminiscence of De caelo 1. 4. 271a 34.

The Recovery of the Holy Land: Part I 139 and finally in surgery and medicine. Such instruction beyond gram-

mar and surgery is, I judge, for those who will be found more teachable and apt for it than others; too, they will be instructed only in those parts of each science which have a bearing on medicine and surgery, and in a manner as far as possible more understandable,

plainer, and easier, owing to the weakness of their sex. Because they mature more rapidly than males, they more quickly attain such perfection as is possible for them, which is a mark of the frailty of their natural powers. We see the same thing in trees and other plants;

as the Philosopher says, speaking of this matter in his book On Animals, “The short-lived mature more rapidly.’ Some of the more skillful of these girls who seem too delicate for crossing the sea might remain with us permanently to have charge of others. With their help the others will be cared for more faithfully

and will be instructed more fully in both the theoretical and the practical knowledge of surgery and medicine, and in those matters known to be related to the art and handicraft of apothecaries. 86. The girls who are destined to marry those who do not adhere to the articles of our faith, as the Roman Church holds, teaches, and observes them, ought to be instructed in the articles as held by the Roman Church so that they may carry with them all the articles briefly and plainly written in a manner they can comprehend adequately. The same knowledge would not harm, it might even benefit, the several disciples of the aforesaid foundation who have not been more fully instructed in theology. Moreover, in the several schools of medicine and surgery to be established for girls, it would be well that two girls, more learned in medicine and surgery than

the others, and more experienced in those arts, remain to be of service. They will instruct the others in both theory and practice so that when the girls leave school they may have had some practical experience as well as theoretical knowledge. In school, rather

than afterwards, they can learn more easily and get much experience, without which such theoretical knowledge would be of little use, as witness the Philosopher, who says, ‘We have seen that

in human affairs those who have experience without theoretical knowledge progress much further than those who have theoretical knowledge of their subject without practical experience.’7® 4 De gen. animalium iv. 10. 777a 1-3. 7 Metaphysics A. 1. 981a 13.

140 The Recovery of the Holy Land: Part I 87 [LIV]. In like manner it will benefit the masculine students of these subjects to gain some practical experience in them while in school. An apothecary’s shop should be set up there and medica-

| ments prepared so that the students may learn to recognize herbs and other medicinal drugs, and how to prepare ointments, extracts, and other common prescriptions. When they leave school they will then

_ be adequately prepared to engage in practice. 88. The students of divine knowledge, particularly, should be given ample opportunity to practice that art by preaching to their fellow students, by reciting the sermons of their elders, and by

frequently making brief collations. OS

| 89 [LV]. One might ask how law students can in a short time be given [sufficient] practical experience in passing judgment and in

, a pleading. It takes a long time to gain such experience, as those are well aware who have themselves engaged in practice, or, if not so engaged, have observed the activities of others and given the most

, careful attention in order to learn from them. This is illustrated by the well-known dictum of Hugution,Ӣ the great doctor of laws:

‘Happy is he whom others’ perils make cautious.’ a | It seems exceedingly difficult to find an adequate and likely | remedy which would be permissible and not too burdensome. Nevertheless it is possible of accomplishment, although with difficulty.

— For thus says the Philosopher, ‘Primary matter has not form of itself, but is potent for all forms.’?? And therefore he says further,

‘Matter is that which is in a state of potency, but form is the act and perfection of anything given orderly arrangement.’7® We see that a lump of wax, matter as it were, receives all forms equally from

| the potency of matter through the skill of sculptors, and not by the

introduction of other forms.

| go. Therefore the Author of all has so ordained it in the potency , 76 In the old edition of Dubois by Bongars the name is given as Hugonis Magni. This ‘Hugh the Great’ puzzled Renan; see Histoire litiéraire, XXVI, 515, n. 1. The reference is to Hugution (Uguccione of Pisa, fl..1200), a canonist, master of Innocent III. Dubois is more explicit in the Summaria (fol. 11¥; Kampf, p. 20: ‘That prudent man Huguccio wrote in his Summa on the book of Decretals....’ See J. F. von Schulte, Geschichte der — Quellen und Literatur des canonischen Rechts von Gratian bis auf die Gegenwart (3 vols.; Stutt-

gart, 1875-80), I, 156-70. The maxims which Dubois quotes as being from Hugution

oo

are sometimes from Vergil, sometimes from Ovid. | | 77 Metaphysics 8. 1050a18. 15. ,7 78 Ibid., K. [email protected]

The Recovery of the Holy Land: Part I I4] of things, that a brief experience of practical affairs and causes, both spiritual and temporal, is possible of attainment within a short

time; just as He has in the case of many other things, which, for lack of artificers, will haply never be brought into being. This rapid

gaining of practical experience, both in passing judgment and in pleading, looks toward the well-being of the Holy Land and its inhabitants. It is altogether fitting and proper that such a land be appropriated by peoples from many lands; but if everyone should desire and strive to apply the customs and statutes of his native land and to follow its methods of legal procedure, the greatest confusion among the inhabitants and countless occasions for disputes would ensue. It is a matter of common observation that each one much prefers the law, custom, or statute of his native land, even though it be less expeditious than that of another country. As Ovid has written: By what sweet charm I know not, the native land Draws all men nor allows them to forget her.’”9

The Philosopher also has written that ‘everything not customary is painful.’®° The English, Germans, and Spaniards would take it ill

if the customs of the French and their method of litigation were adopted; endless discords would arise from the diversity of customs

and methods of procedure, and wars would eventually break out among brethren who ought to be one in Christ, in accord with that word of the apostle, “The multitude of believers had but one heart and one soul.’®

Therefore, to avoid occasions for insurrection and wars it seems expedient to abandon the peculiar customs and mode of life of any of the peoples newly migrating thither, and substitute a mode of procedure beyond all others easy, less cumbersome, less wasteful, and shorter, and which the inhabitants of the Holy Land—situated

as it is in the midst of the enemies of peace—would find easier above all others to comprehend, to remember, and to be trained in, and through which they could rapidly gain practical experience. They would then follow the same mode of procedure in the secular

80 Nicomachean Ethics X. 9. 11'79b 35. : 79 Epistulae ex Ponto i. iii. 35-36. Dubois quotes it correctly. 8! Acts 4:32.

142 The Recovery of the Holy Land: Part I | and ecclesiastical courts, and questions would be decided in accordance with written laws and canons. The delays, subterfuges, | and prolonging of litigation customary elsewhere would be done away with entirely as far as the mode of procedure is concerned. By this method, to be explained more fully below, students of this foundation with a practical knowledge of law, as previously discussed,

can at once become sufficiently experienced judges and pleaders

. of causes in either court, which is unheard of elsewhere. By this method beneficed clergy, while remaining in their churches or their homes, and without entering the places of judgment, can be advisers

and pleaders in cases at law. Public pleaders will not thoroughly drain the purses of litigants, as is everywhere else the custom. Lawsuits will not be so long-drawn-out, exceeding the life span of men, nor will they be able long to hinder the consideration of the

| sciences and virtues, and other works of peace.*? _ gt [LVI]. I will now explain this very expeditious manner of conducting lawsuits. Let any plaintiff in important cases, after causing | 82 Dubois here touches upon a topic which was always very close to his heart. He had already discussed it toward the end of the Summaria (fol. 33; Kampf, pp. 55-57): “The greatest common evil found in the kingdom, and one which ought to be rooted out, is the multiplication and prolonging of lawsuits. By it the natural law of life is annulled, and men kill, consume, and devour one another like the fishes of the sea; for... through such multiplication and prolonging of lawsuits the resources of persistent litigants are often consumed so that they verge upon manifest want. For fear of want they commit perjury and many other crimes; they are so occupied with these controversies that they can have no leisure for cultivating the virtues and acquiring knowledge, and are notoriously withdrawn from divine services. ‘The Preachers and Minorites, who are acquainted

with all walks of life, know full well these and many other dangers of litigation. ‘It would, of course, be impossible to cut off entirely all litigation and controversy, nor

would it be a good thing to strive for this, because there are many unjust men who would be reluctant to do justice and right toward their neighbors and associates if judges did not constrain them. When injured, damaged, or offended they would have recourse to arms, as was done when the world was young. This would be a greater evil than the recourse to lawsuits, which often prevent armed conflict.... As those who have had experience with lawsuits know, the bringing and prolonging of lawsuits sometimes results in the conviction of the innocent and the acquittal of the guilty, especially in . cases involving legacies, which are considered more important than others. Often he who has won such a case at great labor, expense, and inconvenience, loses far more than he gains; both the power and the act of the judge are so injurious to him that it would

have been better for him not to have a judge than to have one.... The advantages of shortening lawsuits are therefore clearly evident. Hitherto the doctors of law have not been notably careful to consider this; on the contrary, they have applied their energies _ to multiplying juridical treatises and methods of prosecution and defense to the point that the life span of few men would be long enough to acquire a theoretical training inlaw.... Nowmay it please his exalted royal majesty to direct that a method of shorten-

ing litigation be drawn up and put into effect. The author of this little book holds himself in full obedience ready to formulate this simplest and shortest means, subject to

correction, addition, and modification by his elders.’ |

The Recovery of the Holy Land: Part I 143 the defendant to be summoned to the place of judgment, lay before

the judge point by point the charge which he intends to prove; likewise in lesser cases when the defendants have been summoned and are present. ‘B. charges and intends to prove this against T., asking that the

same T. be sentenced by you to the extent that he can prove it, namely, that the same B. loaned, counted out, and paid over to the said T. one hundred marks of silver in sterlings.’8? 92. ‘Item, and that the said T., in the presence of the same B. and at other times, acknowledged the above to be true. Item, and that the same T. obligated himself to return to the same B. one hundred

marks in sound sterlings for the said reason. Item, and that the same T. has since refused to repay the same money, although repeatedly requested.’

93. This is the substance of the entire complaint, necessarily ending [at that point]. Let the judge transmit these articles of complaint to the defendant so that after deliberating on the matter he may come forward, ready to plead guilty or to dispute the charge in whatever way he wishes. If the charge is false for the reason that the money was never counted out and paid over, the defendant may at once deny all the allegations and await the plaintiff’s proof. If the money was actually loaned and paid over, but the debt was discharged, receipted for, and repaid, or an assignment made to some other person with the intention of renewing the loan, the defendant may say: ‘I’. admits that one hundred marks of silver were lent and

paid over to him a year ago, denying the allegations to be true in other respects. He submits and intends to prove against B. that he afterwards paid off this loan to the same B.; or, that B. forgave him the debt with the intention of making him a gift; or, that B. absolved him from all past obligations; or, that he assigned such a sum to one who, with the intention of renewing it, obligated himself to discharge

the said debt.’ And so with other final counterpleas, as the nature of the facts demands. If the plaintiff wishes to submit anything by way of rebuttal when the response and exception of the defendant have been transmitted

to him, let the plaintiff supplement his allegation and transmit 83 ‘The stellingua, or sterling, was a coin of the value of one fourth or one fifth of a mark. The French mark was about 7.86 ounces troy.

144 The Recovery of the Holy Land: PartI | | this supplement to the defendant. Let the defendant in like manner afterwards transmit to the plaintiff whatever he wishes to submit for bolstering up his case or otherwise. Finally, let the judge see that the same fact is not brought up repeatedly and that he does not admit irrelevant and superfluous matter. If he finds such matter,

let him reject it, together with any slanderous or insulting phrase

| [added by] the lawyers. Thereupon let corresponding proofs be submitted by either side: first by making the charge and countercharge under oath, and then by producing witnesses and docu-

| mentary evidence. If the contending parties wish to make a rebuttal | after these documents and testimony have been submitted, they - may be permitted to do so as far as the second rebuttal, which will _ be the third presentation of testimony from either side. When this

| procedure is completed, let judgment be rendered.84# , 94. Someone may say, ‘It is clear that this mode of procedure is far more expeditious than the customary method generally followed

! , in the past, but it does not seem that practical experience in the new | method of procedure can be gained quickly.’ I contend that it can be. By adopting the proposed method we will be spared much effort and the brawling of lawyers. It is obvious from the one feature of reducing matters to writing that a single transcript will suffice for

the complaint, the arguments, and the examination of witnesses. Even though a formal method of drawing up complaints be devised,

it would not apply to taking down arguments and the points on which the witnesses are to be examined. Students are accustomed to become familiar with complaints much more easily and quick-

ly than they can take down arguments and testimony. By the

| manner. | , te i

| proposed method all these matters will be made known in the same

| 95. Furthermore, the matters brought up by both parties can be entered in the yearbooks of the judges. One copy, in which the final summaries will be entered, will be made for the use of the plaintiffs, another for the defendants. In this way two copies for the depositions 8 Compare this novel procedure with the procedure customary in the courts of the thirteenth century as set forth in A. Tardif, La Procédure civile et criminelle aux XII]e et XIVe siécles (Paris, 1885); also P. Guilhiermoz, “De la persistance du caractére oral dans la procédure civile francais,’ Nouvelle revue historique du drowt frangais et étranger, XIII (1889),

a 21-65. Seealso E, Chénon, Histoire générale du droit frangais public et privé, des origines 4 1815 (2 vols.; Paris, 1926-29), I, 649-720. Toward the end of the thirteenth century written

procedure began to appear to a steadily increasing degree. |

The Recovery of the Holy Land: Part I 145 of witnesses will be available, and the witnesses for both parties may be examined and their depositions taken at the same time. 96. This [method of conducting litigation] will be extremely helpful to young men in acquiring practical experience in a short time,

almost without effort. If it should please the holy lord Roman pontiff to cause this method of procedure to be followed, the author of this treatise 1s prepared to reduce to a similar procedure for allegation and defense every case discussed by lord Roffredus® in his little books on both laws, as well as all unsettled questions arising there-

from or incidental thereto, subject to correction by wiser heads. With the aid of such a compilation, if it were completed and put to use, the Holy Land would enjoy the advantage that all its inhabitants might become well versed in law, expert in the office of pleading,

passing judgment, and preaching, and resplendent with divine wisdom. They could maintain this high degree of efficiency for a long

time, indeed for the greater part of their lives, instead of failing rapidly just when they begin to make progress, as we have seen so often in the past and still see. The plan proposed for mastering the sciences and for using them in a manner different from what has hitherto been the custom would wield great and ever greater influence toward the harmonious ad-

ministration of the Holy Land. After diligently considering the [probable] effects of this plan, the training and practical experience it offers, and its usefulness, and after devoting to it far more effort

than anyone would believe, I am of the opinion that with God’s favor the whole commonwealth of the Romans, especially those obedient to the Roman Church, will adopt this method of cutting short litigation, with such modifications as men of greater wisdom may find advisable.

97 [LVII]. Powerful arguments can be marshaled against this proposal—a probability strengthened by the crafty fomenter of all evil, together with his countless coadjutors—[as for example]: ‘By 85 The text reads Rainfredum; it should doubtless be Roffredum. The canonist Roffredus

studied law at Bologna and taught there for a time. He left Bologna for Arezzo in the secession of 1215 (Rashdall, Universities, I, 170, n. 1). From 1220 to 1227 he was in the service of Frederick II. On the death of his wife he entered the ranks of the clergy and became clericus camerae under Gregory IX. He died soon after 1243 (Schulte, Canonischen Rechts, 11, 75-78). See also M. Sarti and M. Fattorini, De claris archigymnasit Bononiensts professoribus a saeculo XI usque ad saeculum XIV (new ed.; 2 vols.; Bologna, 1888-96), I, 1, 139.

146 The Recovery of the Holy Land: Part I , this shortened method which you describe and so plausibly recommend as a summary method for speeding up litigation, you are doing away with the purpose and provisions of many laws contrived with great care, which will then serve no purpose and will needlessly fill

parchments.’ a

' This argument may be met in several ways. Some laws show how to settle lawsuits; these are not changed, nor is their authority and usefulness destroyed by this plan. But there are other laws which tend to provoke litigation and which for other reasons give rise to absurd-

, ities; countless evils and inconsistency follow from observing them in our day, and presumably will follow even more in the future since the malice of men is steadily increasing. Such laws will be annulled

, by this plan, if it is put into effect, but not even these will be _ destroyed on that account if they are found in the Corpus juris [civilts| ;

they are a better basis for legal argument than laws abrogated in their entirety, for they will be appropriate to many lawsuits. It is not inconsistent under such circumstances to depart [somewhat]

, from the formal provisions of such laws and canons. _ By this plan the authority of the canons will become great in the Holy Land, for they will not be modified by custom in the secular courts as laws have been hitherto. They will hold their place all the more because they will override custom. The same method of proce-

dure will be followed in both ecclesiastical and civil courts; the manner of conducting lawsuits will be uniform throughout that whole land because the settlement of lawsuits and the laws enacted to govern such matters will not be altered. The rigor of the law will be preserved unimpaired. The articles from which a conclusion will be drawn will not be circumscribed nor will they be said to proceed unless from them and their proof the conclusion and proof of the same necessarily follows. So the dialecticians say of the syllogism when they lay down the infallible rule that a conclusion does not hold when the opposite of the conclusion can stand with the ante-cedent. This is what the legists say: that of a hundred proofs, fifty

| are stillborn; in other words, [to use a] common expression, ‘the fact that this happens to be missing does not prove that that exists.’ One must carefully observe this rule whenever it is necessary to judge whether the complaint is to proceed and whether the contention of the plaintiff or of the defendant is proven; judging otherwise

The Recovery of the Holy Land: Part I 147 would be to render judgment by chance, thus committing an error in the very nature of judgment. If this error should be made manifest, the sentence would be nullified by the very law itself. For so says the Philosopher: ‘In very few cases does reflection, and consequently the judgment of reason, appear the better way.’8* This

is evident from the fact that every argumentation holds and is proved valid by the authority of the syllogism, which is the finished

argumentation, the most concise of all. Of necessity it brings the matter to a conclusion, furnishing form and being to all argumentations. Therefore it was set forth above that all students of this foun-

dation should be instructed in dialectic and a little in philosophy so that they may know how to judge the manner of proof and comparison, and how to bring cases to their conclusion by comparing the conclusions of the petitioners; how to determine whether the premises are true and whether from the truth of the premises the truth of the conclusion necessarily follows in accordance with the above rules. In this way judges skilled in law, but unable to observe many lawsuits, have been accustomed to have lawsuits observed by others of less skill and experience; when a report has been made to them they have then judged on the basis of a brief summary of the propositions and proofs, imposing a sentence commensurate with the proof. ‘For the human intellect,’ as the Philosopher says, ‘is simple and indivisible, and where it directs its attention, directs it wholly.’®’ For that reason it understands only one thing at one time, that is to say, at a given moment. Therefore one ought first to consider the

cause for seeking legal redress, whether it be legitimate, that is, in harmony with the law; next, whether it be founded on fact; finally, if proven true, whether the truth of the conclusion sought and inferred necessarily follows. By so deliberating and considering,

the intellect is not deceived in passing judgment when the allegations and proofs and the petitions in the conclusion are reported in this manner. It is said that the most holy Roman pontiffs, although they have never observed lawsuits, are accustomed to pronounce judgment with the soundest reasoning and philosophical skill, either because 86 Possibly an adaptation from Nicomachean Ethics 1. 13. 1102b 20-22. 87 Possibly from Politics 1v. 15. 1299b 1.

148 The Recovery of the Holy Land: Part I it was handed down from the first one who began to do so, or was born in them, or was granted by divine grace. 98. Although logic provides and teaches a formalized method of learning, comprehending, and knowing all sciences, and of teaching them, yet it is possible, although of rarest occurrence, that someone | by his natural bent may have so refined a judgment ofnatural reason that his judicial ability and logical method of comprehension sur-

| pass, transcend, or equal the acquired skill of others. As evidence of this may be cited what Galen is said to have written of Hippocrates: ‘No other man can, nor ever could, comprehend the art of medicine unless he first knew logic, excepting the superexcellent intellect of Hippocrates alone.’®®

Kings and other great princes and judges ought to pronounce | judgment in accordance with some logical system. They ought not to

listen to long-drawn-out and tedious litigations, to the varied sub-

| terfuges of the pleaders; to their honeyed and subtle accents interspersed with pleasantries, together with their manner of speaking, laughing, and making gestures and signs which beggar description; to their speeches, which if written down would amount to nothing but mere rhetorical flourishes for effect, with varied intonation, like air disturbed by a heavy windstorm. In place of such methods it is far better to inquire into the matter through the medium of a permanent written record than to rely on the ephemeral spoken word; to definite allegations a definite answer can then be offered, and not an instantly vanishing cascade of words.®®

99 [LVIII]. The Holy Land is sanctified by the precious blood,

the acts, and the bodily presence of our Lord Jesus Christ. It is therefore fitting that it be peaceful beyond all others because [it is] ‘nearest and dearest to a peaceful King who is said to have bequeathed

| nothing but peace to His disciples and brethren. When by the grace and mercy of that very Savior the discord of wars shall cease in that 88 Perhaps an exaggerated version of Galen’s statement in his On the Natural Faculties

(trans. A. J. Brock [London, 1916]), p. 9. ,

89 In all his writings Dubois expressed his preference for statements in writing. In the Summaria (fol. 287; Kampf, p. 47) he requested that any objections which might be made to his proposals be put in writing; they would then be more pertinent, and he could reply to them better: ‘If anyone desires to express disapproval of the present work in whole or in part, may it please his royal majesty that the reasons for such disapproval be reduced to writing, lest there be a chance for ambiguity in terms. The author, who esteems his own work highly, by making definite response to definite criticisms may then succeed in confirming what he has done and may beat down criticisms without quibbling.’

The Recovery of the Holy Land: Part I 149 land, and even while war still endures, it seems particularly appropriate. that the quarrels of Catholics dwelling there be ended by the aforesaid method or by some other means less burdensome and harmful and more prompt. All dissensions and the prolonging of them are evils. Now of two or more evils, one of which cannot be avoided, the lesser should be preferred; therefore it follows that the supreme father ought to consider, select, and adopt a system of litigation which is simpler and shorter, and less expensive, burdensome, and harmful to his sons. In view of this fact, since the new inhabitants of the Holy Land will have neither laws, customs, nor statutes of their own, the most holy Roman pontiff, spiritual father of all Catholics, should mercifully deign to establish for them the aforesaid system, or a better one, for settling their disputes in either court. By this means he will have done what he can to quiet their discords. Then, seizing the opportunity offered by the above suggestions, let him seek to inaugurate a general reform of spiritual and temporal conditions in‘the common-

wealth of Christians, as the Father of light shall inspire him. He should carry out his reforms in such a manner that they would presumably endure for all time. If it behooves him to labor for the quieting of discord and the establishment of peace in a single city or diocese, and more so in a prov-

ince, still more in one kingdom and yet more in ten, how much more ought he to work for permanent temporal and spiritual peace among all Catholics? This great and glorious purpose cannot be realized except through the agency of a peace-loving king since it proceeds from the great God, as it were, through the intercession of him to whom alone He has entrusted the plenitude of His power on earth. With reference to this the renowned giver of civil law says, ‘Because we were occupied with the cares of the whole commonwealth and chose to consider nothing too insignificant,’ etc.%

100 [LIX]. Despite the fact that he will have to relinquish the substantial income from his position as counsel in suits involving the

illustrious lords kings of the French and the English, and in other ecclesiastical suits, and discontinue living in his native land, the writer of this treatise stands ready to organize all the above matters, especially schools for students of the proposed foundation. With the 90 Corp. jur. civ., Novellae, Preface.

150 The Recovery of the Holy Land: Part I Lord’s aid and favor he will assist in the task with all his strength, that he may be a participant in so worthy a cause and sing with the Psalmist, ‘I am a partaker,’® etc., and agree with the apostle when

he says, ‘Let us work good to all men, as far as we are able’;

salvation.’® |

and also with him who proposed the canon, ‘Let a man do what he

can to save a man’s earthly life without detriment to his eternal

101. If it seems fitting to establish a league of universal peace in the manner prescribed, there should be a unanimous decision by

the council of prelates and princes that all prelates of whatever rank, as well as secular knights owing service, shall solemnly swear to uphold with all their power this league of peace and its penalties,

and in every possible way see that it is observed. Whoever shall disdain or neglect to take this oath shall on that account, by apos-

, tolic authority and that of the sacred council, zpso facto incur the sentence of major excommunication.** Whoever in the future shall

impugn this league of peace will be so sharply attacked with all their strength by knights of the spiritual and temporal soldiery that he will be unable to resist. 102 [LX]. Having concluded these matters, the present writer is next gravely concerned about the conduct of the nuns of the Order of St. Benedict, [a group] which might elude the above reformation of conditions in the Church. After considering the normal hazards [of the celibate life] and the costs of the safety of their souls, as well as the unusual blessings which can be gained, it seems expedient that the supreme pontiff, at the request of the princes who have often founded and endowed monasteries for consecrated nuns, should determine in the council that, while maintaining an adequate sub-

sistence in such monasteries for professed virgins, their number should be so decreased that in the future there would not be in any _ monastery more than thirteen [nuns| comprising the convent. The endowments of monasteries of this sort should be expended for the benefit of girls to be trained in the manner described above.®® 91.-Ps, 118:63. The complete quotation reads, ‘I am a partaker with all them that fear

Thee, and that keep Thy commandments.’ a ®2 Gal. 6:10, not quite verbatim. | %8 Corp. jur. can., Decret. Gratiani Pars II. can. 15. C. xxii. qu. 2 (I, 872). ,

* Dubois is frequently inconsistent both in theory and in his specific proposals. Compare

his opinion on excommunication in chap. 4 above. | 85 See above, chaps. 60, 61, 85, 86. |

The Recovery of the Holy Land: Part I I5I The number of these girls who know how to read and sing, added to [that of] the nuns, would be so great that divine service would not

be curtailed in the least unless shortened after the manner of the Order of Preachers. Legacies granted to such a monastery should be guarded and protected by the officials of the proposed worthy foundation. Out of this amount they should provide suitable subsistence

for the nuns and their superiors as before, but all avoidable and useless expenditures should be stopped. Girls of secular life who are

pursuing scholarly disciplines as arranged by the foundation’s directors, should attend the morning canonical hours and the celebra-

this obligation. |

tion of Masses. Those who prove easy to teach may be excused from

This last feature of the plan will put a stop to many of the usual evils, especially the practice of admitting nuns on the payment of money or other considerations, the choice by the convent of ineligible persons as abbesses and prioresses, and the commission of many

natural and even unnatural offenses.°* Divine service will be conducted in the monasteries just as formerly, and on the outside with the assistance of girls leaving the monasteries, and every year more than thirty thousand Tours livres will accrue to the aforesaid foundation. If the amount should fall short of this great sum, it may, on the death of the present incumbents, be supplemented by appropriating for these monasteries—after deducting the vicars’ expenses —the income and produce of the many wealthy churches whose patrons they are.*” Someone may, at the devil’s instigation, attempt to impugn this proposal as something evil, maintaining that from this evil many others will follow. If he ventures to support his contention by such an impossible, absurd, and insignificant conclusion, he may be answered

by admitting that many evils seem to result from something good, but that one ought not to avoid doing good on that account. As mentioned above, it is evident from the opinions of all philosophers commenting on these matters that no perfect good can be found here below among men who use the power of free will granted 86 On conditions in the nunneries of the thirteenth century consult Eudes Rigaud, Registrum visitationum archiepiscopi Rothomagensis, ed. T. Bonnin (Rouen, 1852). See also

G. G. . Coulton, Five Centuries of Religion (4 vols.; Cambridge, 1923-50), II, chaps. *7 See above, chaps. 42-44.

good. |

152 The Recovery of the Holy Land: Part I

, them by the Creator; hence it is impossible to frame a general law from which many evils will not follow, although the law in itself is

[LXT] By skillful procedure and judgment we can determine which of these two alternatives would be more expedient and the greater good. Let us assume that we have a house of Templars, one of Hospitalers, a priory of St. Lazarus, and a monastery of girls such as we have seen hitherto. Let us then on the one hand consider the good that results from them and the concomitant evils arising from their abuses; on the other hand, in like manner, the good and evil which follow from the plan described above or which it is plausible to assume would follow. Then let us make a comparison of evils with evils and of good with good so that of two or more evils—whatever they may be—we may choose the lesser, and of several good features, the more and better. By discussing the problem in this way and arriving at a conclusion through reasoned judgment, after having rightly, justly, and truly weighed the good and evil on both sides, will we not hold that course the better from which less evil and more good result ? No one can be good unless he first shuns all evil and then does good. Therefore let us state the good and the evil which are likely to follow from this side and that. The power of judging and choosing might be given over and committed to the Preachers and the Minorites; they, more than other living men, are acquainted with conditions on both sides.

After they have listened carefully to the various arguments from either side and examined all the documents and supplementary evidence with which they have become familiar, I believe that the most reliable and salutary opinion might be gained from them. In this way, I believe, we may obtain the soundest reasoned judgment,

as far as our human frailty will permit. } By adhering to this method of procedure it seems unlikely that anything can be found and introduced to be charged against the

authors and well-wishers of this proposed change. It is certain that those who choose to abide by the suggestions of divine law are in a more perfect state than those who choose to abide

by its mandates alone. It is also certain that it is a sufficient good to abide properly by the mandates but an evil to abide less fully by the suggestions; and so they sin and fall from their high estate

The Recovery of the Holy Land: Part I 153 who do not fully and perfectly abide by these suggestions. Therefore

one ought not to choose the state of highest perfection unless one considers himself probably able to abide by it fully. Consequently, mankind in our day—especially those of the feminine sex because of its well-known frailty—ought to choose the safer part lest in the absence of the shepherd and his staff the sheep wander near the forest and be devoured by the wolf if they enter. If they stay out,

they ought to be praised and rewarded; if not, they ought to be devoured. Where is the wise and experienced man who would voluntarily subject his sons to such peril and penalty? As the Philosopher says, ‘First movements are not in our power.’%

In the presence of the desired object scarcely anyone can in any way resist the power of concupiscence. The resistance of a few is

less likely to replenish the celestial fatherland than the lack of resistance on the part of many is likely to injure it. If only the holy fathers—before they set those snares which they did with good intent when they multiplied sins beyond the teaching of the Old and New Testaments—if only they had seen clearly then as they do now those snares which they set voluntarily and the many damned by them!

Since human nature is naturally prone to fall from the faith and incline toward offenses, temptations to sin and to destroy Christ’s sheep through sin ought always to be avoided.*® Therefore it would seem expedient to provide moderate subsistence for the mendicant orders—although they do not seek it—from

the property of the commonwealth of both clerics and laymen so that, relieved of the many things they do under the compulsion of necessity, they might have leisure for contemplation and henceforth do no begging. So the Lord commanded that provision be made for the tribe of Levi without their having a share in the inheritance of their fathers, although they merited it far more than the others. If the Church would provide the mendicants with bread , and wine and an adequate supply of clothing and shoes, chance gifts

would probably be sufficient for their other needs in view of the outstanding wisdom, prudence, and experience of some of their members. 88 Metaphysics A. 8. 1073a 24.

°° Compare chap.61 above, and note 18. The text of the passages fromt he Summaria relative to sacerdotal celibacy was first published by A. Esmein, Le Mariage en droit canonique (2 vols.; Paris, 1891), II, 376-78. Compare ibid., II, 131.

154. The Recovery of the Holy Land: Part I It is enough to have mentioned these matters and to have set forth the only means of planning effectively toward this end. I could wish that the wiser heads among them, weighing the evil and the good which results from their poverty, would choose the safer alternative

and lay it before the council in the light of their knowledge. The sacred council, when deliberating on future uncertainties, could then decide what would be the more advantageous course.

103 [LXII]. If the council should fail to take action toward allaying the strife which has already broken out among the heirs of the kingdom of Castile, it might very seriously hamper the recovery and maintenance of the Holy Land. It is reported that he who now holds the kingdom has a notoriously unjust case. A marriage was

contracted between the eldest son of the king, who was elected Emperor in a time of strife, and the daughter of St. Louis, king of the French. It was agreed and settled by that very king, and the prelates and barons of his kingdom, that if that son should die before his father, the [grand]sons should succeed to the throne. Contrary to this agreement, and even contrary to common justice and to natural and divine law, when his son died leaving two sons,

that same father, grandfather of the two boys, crowned his own surviving son, to the detriment of his grandsons, his agreement, and his word of honor. That [crowned] son has therefore no legal right to the kingdom, and retains it to the detriment of his eternal salvation and that of his adherents, and to the detriment of the true heir. 1 Dubois’ account of the Spanish situation is not quite clear, and he seems to have been unaware that Sancho IV, the ‘usurper’ to whom he refers, died in-1295. Sancho’s son, Ferdinand IV, was ruling Castile when Dubois wrote. The facts are as follows: Alfonso X, king of Castile (1252-84), was surnamed ‘the Wise’ for his academic learning rather than for his political sagacity. He was elected emperor in 1257 by a German faction but failed to establish his title. His eldest son, Ferdinand, married Blanche, daughter of Louis IX and sister of Philip III. Ferdinand died in 1275, leaving two sons, Alfonso and Ferdinand de la Cerda. Under the law of Las siete partidas they were legal heirs to the Castilian throne. Alfonso’s second son, Sancho, persuaded his father to alter the succession in his favor. Blanche and her sons fled to Aragon, where

Pedro III (1276-85) detained them in honorable captivity. : Oo

Civil war broke out between Alfonso and his son Sancho. In 1282 the Castilian Cortes declared Alfonso deposed, but Sancho’s supporters fell away, and Alfonso was regaining his position when he died in 1284. His last will disinherited Sancho in favor of the two grandsons but carved out two kingdoms, Seville and Murcia, for his two younger sons, John and James. This division violated the fundamental law of Castile; Sancho thereupon seized the throne and reigned as Sancho IV (1284-95). Philip III of France took up arms to vindicate the claims of his young nephews, the de la Cerdas, but only succeeded in stimulating a civil war in Castile. The enemies of Sancho IV also supported them; even the Moors of Granada and Morocco were involved. When a Franco-Aragonese

The Recovery of the Holy Land: Part I 155 This grave sin, notorious through the evidence of the fact itself, stands out so obviously known to all who favor the usurper’s side that they can in no wise plead ignorance. Therefore their spiritual father, who is not ignorant of the facts, is in duty bound to apply a remedy lest their blood be required of his hands. This could probably be accomplished easily, without any disturbance, by charging the usuper with the mortal sin of usurpation and with tolerating the Saracens who hold the kingdom of Granada from him under tribute

and frequently slay Christians. To him who was under so grave an accusation and threat, the lord pope might say, ‘For the benefit of the Holy Land we wish by all means to make peace among you.’ This seems readily possible of accomplishment. Let the first-born grandson have the kingdom of Granada and his brother the kingdom of Portugal, or another of the many occupied by the usurper. The usurper himself might retain the kingdom of Castile, on condition that with his whole force of cavalry and infantry he would aid the kingdom of Granada to drive out the Saracens and resist those exiles whenever the need arises. He should be held to these conditions on pain of losing the kingdom of Castile also.? It would be a good plan

to persuade the neighboring kings in that land, namely, the kings of Aragon, Navarre, Majorca, and others reigning anywhere in Spain to aid the new king of Granada. The Saracens, besieged and pressed from many directions, could then be quickly driven out. Leaving the king of Granada to defend his own country, the other kings and princes of Spain would be able, and like others would be required, to cross over to the Holy Land and render great assistance

there. Languedoc would thus produce one vast army, which by going across the kingdom of Sardinia would free it from Frederick _ of Aragon, who would then have to restore the kingdom of Sicily to its rightful king.® war broke out, Alfonso III of Aragon (1285-91) promptly released the two boys, proclaimed the elder king of Castile, and invaded Castile. Strife continued under Ferdinand

IV (1295-1312). In 1304 the Franco—Aragonese quarrel was submitted to arbitration; the two boys were to renounce their claim to Castile in return for pecuniary and terri-

torial concessions. See R. B. Merriam, Rise of the Spanish Empire in the Old World and in the

New (4 vols.; New York, 1918-34), I, 113-17. 2 At about the time Dubois was blithely remaking the political map of Spain, a certain Don Juan Nufiez de Lara, a Castilian supporter of the French king, addressed a memoir to Philip the Fair, in: which he outlined a scheme for the French conquest of Castile (Arch. nat. J. 734, No. 5, quoted in Langlois, ed., De recup., p. 88, note). 3 The ‘rightful king’ was Robert of Naples, son of Charles II of Anjou. Frederick I of

156 The Recovery of the Holy Land: Part I 104. [LXIII]. A good way to carry out this project would be to organize four armies, three of which should go by sea. The fourth and largest should go by dry land, following the example of Charlemagne, of Emperor Frederick I, and of Godfrey of Bouillon.* The enemies of the faith, besieged and pressed in many places and there-

fore divided, might then be driven out more quickly. When they hear of the above mentioned league of peace® established for their detriment and learn that so many peoples are marching and will march against them, it may be that they will freely yield up the whole Land of Promise without war. If they should do this without first destroying the fortresses and other dwellings and robbing the churches of their relics and sacred vessels, they should be spared a violent death, with the proviso that if they make any resistance they will be utterly destroyed and not a place left for them in the land. After this, the princes would do best by leaving in the Holy Land a force sufficient for its defense and returning by way of Greece;

[they would be] prepared on the advice of the Roman Church to fight vigorously on behalf of lord Charles [of Valois] against the unjust usurper Palaeologus,* unless he were willing to withdraw. It should be agreed in advance that lord Charles, after gaining the victory and the possession of the [Greek] Empire, would bring opportune aid to the defense of the Holy Land whenever the need arose, since he would be nearer it than other princes. He would thereby greatly lighten the burden of this task for the more distant princes, as well as for the king of Germany, and all future Christian expeditions to aid the Holy Land would be organized efficiently.’ 105. When these projects have, by the grace of God, been accomAragon (1296-1347), third son of Pedro III, was raised to the throne by the Sicilians despite the treaty of Anagni (1295). Charles II and Robert tried vainly to drive him out.

45 See above, chap. 26, n.101. 41. | , See above, chap. 6* In Andronicus II (1282-1328). _ the Summaria (fol. 97; Kampf, pp. 16 f.) Dubois proposed to Philip the Fair that he

obtain for his brother Charles of Valois the hand of Catherine de Courtenay, heiress of the defunct Latin Empire of Constantinople, and that by a preliminary agreement he be recognized as lord of that empire in exchange for the assistance he would furnish in recovering it. Charles of Valois did in fact marry Catherine on January 28, 1301, and in this way became a candidate for the succession to the eastern empire. Catherine died in October, 1307. The claim was later revived by Philip of Tarentum, who married the daughter of Charles and Catherine. See Petit, Charles de Valois, pp. 52-56, 120; W. Norden, Das Papstium und Byzanz (Berlin, 1903), pp. 652 ff.; Bréhier, L’Eglise et l’ Orient, pp. 267 f.

The Recovery of the Holy Land: Part I 157 plished, Catholics of the same mind will be in possession of the whole Mediterranean coast, from the west all the way to the east on

the north side, and the greater part touching the Land of Promise on the south. The Arabs will then be unable to prosper materially unless they share with the Catholics the commerce in their products. This will also be true in the case of oriental peoples and their products. 106 [LXIV]. This comprehensive plan should first be examined by the lawgiver of Christians, vicar on earth of the Lord Jesus Christ and successor to the blessed Peter, prince of the apostles, and per-

fected under the guidance of the God and Lord of armies. May it then mercifully please his experienced royal majesty,’ after successfully concluding his wars, to demand that these things be done and

to see that they are carried out, together with such supplementary

ideas as may be indicated by the Fount of Life from whom all blessings flow.

In order to get this project under way,’ it seems desirable to beseech the lord pope to convoke a general council on this side of the mountains!° for the consideration of these matters. He should sum-

mon to this council the prelates and Catholic princes obedient to him, especially kings and others who recognize no superior on earth, not forgetting Palaeologus, usurper of the empire of Constantinople,

the usurper of the kingdom of Castile and his nephews who are struggling for it, and the king of Germany and its electors. From them he would receive counsel, aid, and helpful suggestions in the matter of the recovery, reformation, and maintenance of the Holy Land, as

well as on conditions in the whole universal commonwealth of Christians.

The present little book, improved by wiser heads on the advice of the most expert war leader, should be submitted to the lord pope by men [so] wise and experienced in human affairs that they can answer all objections and avoid the enticements of wicked angels. Arrangements should be made that it be shown only to sworn intimate advisers of the lord pope, for it is certain that so pious a little book, at the instigation of Satan and his nefarious host, will have 8 Edward I of England. ® The manuscript reads ordinare, not ordinate, as in Langlois.

en ap. 109 below, Toulouse is named as the best place for holding the proposed

158 The Recovery of the Holy Land: Part I many worthless rivals to oppose it. Satan and his supporters will struggle viciously against this discomfiture, greater than any he has suffered since the mystery of the passion and resurrection of the Incarnate Word. I do not believe that the human nature of any living man is wholly proof against such enticements unless divinely

strengthened by the eternal Father of light through the firmness

and vigor of His boundless might. |

This project, which in the nature of things is possible, will meet with success if, by God’s grace, the chief guardian of the commonwealth’s safety here on earth and the prince most experienced in

the art, usage, and practice of military affairs will cooperate in passionate desire for the goal and in the execution of the plan.4 For the sake of happily extending the longevity—not only of the spiritual but also of the temporal life—and of happily accomplishing the desire of these two who are persevering in so pious an undertaking

for the benefit of the Holy Land in the midst of their many important interests, it behooves each and every one who is reaching out toward this glorious goal to continually implore with devout hearts and with a single voice the Supreme Author of life, through whose influence and saving care all things live and endure according to their nature, and by resemblance to whom they are made partakers of whatever virtue they possess. 107 [LXV]. After concluding these matters, there comes sharply to mind the fact that men will be ill content and will commonly murmur because neither in the past nor at present does it appear that legacies bequeathed to the Holy Land and other sums collected for the aid of the Holy Land in the name of the Templars and Hospitalers, and in divers other ways, are clearly of benefit to the cause. Gifts so carelessly administered had better be dispensed with en-

tirely. ,

In order to stop these abuses it would be well to set up a public depository in the cathedral church of every diocese, namely, its treasure chamber, where moneys in any way devoted to this purpose

might be kept. Whenever there shall be need for such assistance, on the recommendation of the local diocesan and the administrators

of the aforesaid foundation, funds may be granted to its warriors 11 The ‘chief guardian of the commonwealth’s safety’ is the pope; the prince referred to is Edward I of England.

The Recovery of the Holy Land: Part I 159 who are preparing to go over to that land—that is, to natives of that diocese—or to others who are about to cross the sea. The leading men of that diocese, province, or kingdom should be kept informed, and should consult with the diocese. If these reforms are carried out, many more, and even much larger, donations will be

made to the above mentioned foundation; debts due it will be brought to light which were formerly lost by keeping quiet; because of [the increased fund] warriors will be found much more readily everywhere when there is need of them. To achieve results more readily, it should be decided in the council that local bishops and other prelates, the Preachers and Minorites, should urge and induce all persons of whatever walk of life to enlist skilled persons of either sex useful for the Holy Land. From wherever

they come, these persons are to be sent as far as the coast, well equipped at the expense of those enlisting them, or if not, at the expense of pious bequests and other acquisitions. They will be sent. across the sea at the expense of the said foundation. They should besentin groups of one hundred men, uniformly dressed, with banners and blare of trumpets, so that they may go bravely rejoicing and influence many others to follow them.!? Let all from the same city and diocese assemble at the same time and place; at a later time and place all from the same province. Those who have their wives along should form one company; those without wives another company. Each company should have one superior officer to whom all shall render implicit obedience. If those wishing to make the crossing have little children, they should send the docile ones away to be instructed by the said foundation at its expense. When trained and educated, let them follow their parents. It is probable that the several provinces, cities, and localities will be eager to seize the districts to be assigned to them in the Holy Land, and will send out so many settlers that they will be quickly taken over; also that they will be sufficient for its seizure and defense. All the men sent will be so trained that they will at once be able to fight efficiently as infantry. 108 [LX VI]. In the assignment of cities and districts it would be well for the sake of the general welfare not to forget this principle, namely, that it be agreed in the council from the beginning that the 12 Compare chap. 16 above.

160 The Recovery of the Holy Land: Part I more active men who are accustomed to fight in their native land, as are the Spaniards and many others, be assigned cities and strongholds situated on the frontiers of the said land, so that by fighting from the ramparts against the enemy as often as there is need, they may protect its frontiers, cities, and strongholds, and be ready to summon the aid of others if the need should arise. Thus encircled by

sturdy ramparts of warriors, its frontiers vigorously defended and the interior prosperous, the Holy Land may, with the Lord’s help, be governed scrupulously and piously in whatever concerns the spiritual and temporal swords. By so venerating the holy places, and

by celebrating the divine offices so continuously in them, it may be possible by merit to appease the wrath of our Redeemer, who in His ineffable mercy was willing to suffer bodily death there for the salvation of the human race. [LX VII] It 1s evident, and can be proved by illustrations from

| Holy Writ and by incontrovertible arguments, that a reform of the . moral conditions of the universal Christian Church is essential if wars are to cease and if the Holy Land with its charm, to which the Scriptures bear witness, 1s to be recovered so that it may be peopled by Christians. The sin of one man is the cause of his weakness, and ultimately, by repetition, of the sinner’s death. This is proved by the Word of the Lord when He said to the impotent man whom He healed, ‘Go and sin no more, lest some worse thing happen to thee,’!* and by the decretal based upon it. For the same reason the sin of a city, or of its elders, is the cause of dissension, of wars, and of death. The same is true of the sins of a district, of kingdoms, and of empires. For whatever is the relation of a part to a part, that of the whole to the whole is the same; and the contrary.* And where the same reasoning, there is the same right; where the same cause, the same effect, as laws proclaim and philosophical reason contends. As the apostle says, ‘All things whatsoever [which] were written were written for our learning.’!® We see that Scripture, the means of understanding which is faith, contains in the books of Maccabees over a period of seventy years so many evils, so many deaths, so many griefs which

18 John 5:14. | 14 Nicomachean Ethics v. 3. 1131b 15.

16 Rom. 15:4.

The Recovery of the Holy Land: Part I 161 happened even to the good because of the sins of wicked men. How can the chief of priests, ruler of the whole Church, occupying the see of Peter, the vicar of our Lord Jesus Christ on earth, who eagerly thirsts for the care and salvation of all sinners—how can he think that the Holy Land can be recovered and peopled by sinners, when it is written by the prophet, ‘Places do not sanctify men, but men

sanctify places’ 16 |

Does he not see that the Holy Scriptures, which abominate wars, and the preachers who proclaim this far and wide, are ineffective now as they have been in the past? That if they have been effective now and then, these instances are extremely rare when the whole world subject to him is taken into consideration? Do not innumerable illustrations and experiences of the past since the world began

show and prove the want—which God forbid—of foresight and order in the principal head of so many members ? [Such a deplorable

state of affairs will continue] unless he will seek and bring about, as he readily can, a complete, enduring, and sound peace, and a reform of conditions in the universal Church and the whole commonwealth of Christians subject to him as their supreme father. A well-considered plan, although hastily and imperfectly sketched, has been offered him; he can perfect it himself, or by divine inspiration present some other and better plan. 109 [LX VIII]. This chief priest, the curate of all men, is in duty bound to establish, gather together, and multiply whatever bonds of perfect peace he can among all his sons, that a universal and lasting peace may follow. The truth of this proposition can unquestionably not only be proved in theological terms but also demonstrated by speaking in philosophical terms. For it is a fact that philosophers rely on natural law only and reject the Mosaic law spiritually granted them by the sons of Israel. By reasoning logically

to a necessary conclusion and by basing their arguments on cause and effect, they have reached the irrefragable conclusion that there is.one first principle which moves all things, but is moved by none of them—[the cause] of all things, yet [itself] not caused; having its being only through and of itself; and which is good. By participa-

tion in its goodness, and not otherwise, all things caused receive and partake of goodness; in it, through its essence, is the truth and 16 Corp. jur. can., Decret. Gratiani Pars I. can 12. dist.. xl (1, 148). |

162 The Recovery of the Holy Land: Part I | goodness of all things, and the same [is true] of all virtues considered

in the abstract. This principle and first cause we call God.” When speaking of the principle in his book On Meteors, where he

suggests a cause for the position of the elements, the Philosopher says of God, “The glorious and sublime God so disposed them.”38 In the book Of Heaven and Earth he says, ‘Beyond the first heaven

there is nothing, except it be the abiding place of God and the spirits and virtue and glory for ever and ever.”!® I believe it is the Apostle James who says of Him: ‘With whom there is no change, nor shadow of alteration.’2° Now if He is King and Author of peace

and Father, and the devil is the father and author of dissension, sedition, and lying, it follows of necessity that all peace-loving and

virtuous persons, whatever natural or moral virtue they have acquired or absorbed, are called virtuous because they are partakers of the virtue of God himself. They approach this goal more or less closely in the degree to which they resemble Him and participate in

His nature, which is most simple, yet embraces and contains all things because it is not only perfect but the most perfect. Now if, by reason of the name, that is perfect which lacks nothing, by a much

stronger reason that is most perfect which is unique, because it applies to one only, as is said in superabundance in the fifth [book] of the Metaphysics: ‘Perfection contains the whole without lack.’ So therefore, as all philosophers have perceived, all virtues are in

God by His very essence; they are with Him and proceed from Him, and are shared by others through their resemblance to Him. But, as the Philosopher says, ‘Virtue is a habit not easily changed? ;?*

and sacred Scripture bears witness: ‘While all virtues reach for the prize, perseverance alone is crowned.’** It little profits the fallen to have done good works, since he who offends in one point is held

guilty of all. : Let the father of all souls, the chief apostle, read how men from

the beginning of the world to the present have with the greatest 17 The argument is based on Metaphysics A. 8. 1073a. | } 18 T cannot find this in the Meteorologica. Elsewhere (chap. 63) Dubois cites the same

_ passage more fully; it is apparently from De caelo 1. 4. 271a 34. | 19 De caelo 1. 9. 279a 17-22. 7 20 Jas. 1:17. !

21 Metaphysics A. 16. 1021b 20-22. , 22 Nicomachean Ethics 1. 10. 1100b 11.

23 A jumbling together of Matt. 24:13 and I Cor. 9:24. ,

The Recovery of the Holy Land: Part I 163 of ease been constantly stirred to seditions and wars. Does he wish to make all Catholics peaceful and thereby sons of God, and removed

from subjection to demons? Since preaching and the customary penalties are ineffective, let him be constrained by the requirements of the office entrusted to him to seek out universal, stable, and firm

conditions of peace everywhere in the world, which are likely to endure and last forever. [Let him fix] penalties for breaking the peace which will be feared, but will be useful, profitable, and least harmful to the recovery and maintenance of the Holy Land, yet serve as a perpetual warning reminder. [LXIX] If the penalty of perpetual exile and loss of all property would be feared above all else, since it would apply not only to the actual warmakers but also to their parents, children, and wives, and if it would further the purpose and desire to aid the Holy Land, then this bond of peace should be chosen as superior to all others.

If another bond is found to be better, let it rather be chosen; for, as Priscian says, ‘I suppose nothing of human contrivance can be perfect in every respect.’™ In his Politics the eminent Philosopher teaches that this should be done, when he says, ‘Because of men for whom a knowledge and conviction of what was good and fair was not enough, it was found necessary to establish in states the coercive power of judges, to the end that men would do what was good and fair to their neighbors and contemporaries.’**> What the same Philosopher says in the Ethics is in harmony with this: ‘For if we were all

just men (gloss: evidently an inner sense of justice, which is the disposition and perfection of the rational mind), we would not lack justice (gloss: evidently justice in outward relationships, compulsory

through military force).’ Thus far neither scriptural sayings nor preachments gathered from Scripture nor even the flowery lamentations and thunderings of

preachers have succeeded in stopping frequent wars of Catholics 24 Priscian (fl. A. D. 500) was the author of a systematic exposition of Latin grammar, Institutionum grammaticorum libri XVIII, a more advanced work than Donatus and a

popular textbook throughout the Middle Ages. Books xvu and xvi, comprising nearly one third of the work, deal with syntax and are illustrated by numerous quotations from classical authors. The text of Priscian comprises Vols. IJ and III of Grammatici

latin, ed. H. Keil (7 vols.; Leipzig, 1857-80). Dubois’ quotation is from a letter of Priscian (zbid., II, 2). 25 Politics Iv. 4. 12Q91a 22-24. 26 Nicomachean Ethics tl. 4. 1105a 19.

164 The Recovery of the Holy Land: Part I and the spiritual and temporal death of so many great men consequent thereto. Why should not the proposed aid for the Holy Land ultimately prove to be a new alternative for military force, a justice necessarily coercive, as it were, as we have seen from hypothetical illustrations and from what the Scriptures testify to since the world began? This is a demonstration which it is impossible to answer, speaking morally and politically, since ‘discussions should be in accordance

with the matter of investigation,’?’ as the Philosopher says, and as it is set forth in civil law. On this account the Philosopher says,

‘He errs who seeks demonstrative proof from a rhetorician, and plausible argument from a geometer.’** From a demonstration which proceeds through causes necessarily inferring and arriving at a conclusion, the latter knows; but, speaking politically, through plausible assumptions we conjecture from the past and present into the future. As the Philosopher says, ‘Anything is most beautifully _ defined when the given definition of the thing agrees with its qualities apparent to the senses.’2® In civil law we read, ‘In uncertain matters there is a place for conjectures’ ;*° presumably not in all matters, but in those plausible and probable.

We see that in accordance with the hitherto normal course of nature the malice of men and their tendency toward evil, cupidity, and avarice are always increasing, but not the piety, eloquence, influence, and knowledge of preachers who detest wars. If the piety,

teaching, and eloquence of the holy fathers has not put a stop to the perilous wars of Catholics, how can the apostolic [father] assume that the eloquence and teaching of the present and future ministers

of the Church will in the future put a stop to wars and the cupidity and avarice which bring them about? If some other penalty more likely to be feared and of more benefit cannot be found, this one should be developed and put into effect. By it the King of peace will of His grace and mercy provide prudent and experienced men with the devoted services of constant prayers offered up by the universal Church. The general council of prelates and princes for the discus-

27 Nicomachean Ethics u. 2. 11044 3. | Oo

*8 Ibid., 1. 3. 1094b 25.

29 Apparently adapted from Posterior Analytics u. 7. 92b 25-28, or Metaphysics H. 2. | 20 Corp. jur. civ., Novellae 107. 8.

The Recovery of the Holy Land: Part I 165 sion, completion, modification, and alteration of these proposals might very well be convoked at Toulouse in preference to other places.*! 31 Here ends that part of the treatise which is addressed to Edward I. The part which follows is addressed to Philip the Fair.

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The Recovery of the Holy Land: Part II 110. THE ABOVE DOCUMENT has been sent to the lord king of

England, with sealed letters briefly calling his attention to its usefulness in spiritual matters and urging him to have it examined

promptly and secretly by wise men loyal to him and to God— Preachers or Minorites. Let anything which ought to be omitted be withdrawn, and let there be added whatever seems expedient to the experience and prudence of his royal majesty and the wisdom of the counsellors to whom he shall wisely, with the Lord’s favor, cause it to be entrusted for examination, correction, and emendation. He should then, without harmful delay, transmit this project and wholesome advice by faithful, prudent, and experienced secret

messengers to the lord pope for the use of the council to be convoked in the manner sufficiently explained in the above document.

111 [LXX]. The writer has a natural God-given inclination to | resort to shrewdness, which, according to the Philosopher, is keenness in finding the middle term, that is, the causes of things which we still see only mentally.1 He would mention specifically the temporal

advantages which ought to follow from the aforesaid suggestions and accrue to their principal promoters, namely, their lordships

the pope, the king of the French, his brothers and children, the kings of Sicily and of Germany, Ferdinand of Spain, and his brother.? When wars have been brought to an end by the means here suggested; when, in return for a guaranteed annual pension, the gov-

ernment, possession, and distractions of the pope’s temporalities have been entrusted in perpetuity to the lord king of the French, to be governed by his brothers and sons as he shall see fit to provide ;3 1 Posterior Analytics 1. 34. 89b 10.

2 Ferdinand and Alfonso de la Cerda, the two grandsons of Alfonso X of Castile, referred to above, chap. 103 and n. 1. 8’ Compare chaps. 40 and 116. The idea of transferring the Patrimony of St. Peter to the king of France was not new. In June, 1273, ambassadors of Philip ITI were negotiating with Gregory X at Florence on the candidature for the imperial title. They suggested that it would be best for the Church in Italy that its temporalities be administered by

168 The Recovery of the Holy Land: Part II when the poisonous plots of the Romans and Lombards have ceased—then it is highly probable that the lord pope will be able to enjoy a long and healthful life in his native land, the kingdom of the French, with leisure to devote his sole attention to the governance of souls, and he may thereby avoid the inclement atmosphere

of Rome, to which he has been unaccustomed from birth.4 This would be of inestimable and lasting benefit to all the friends, neigh-

bors, and kindred of the lord pope, and especially to the whole kingdom of the French, since the ultramontane clergy would not have the income of fat benefices belonging to the cismontane churches—as they have had in the past—for building castles for themselves and their kin by defrauding the churches even at the expense of divine offices, nor would they control these fat benefices.

The highest prelacy in the Church would no longer be withheld from the French, as has long been the custom because of the craft and natural cunning of the Romans.) The latter, eager in their pride some strong monarch. Gregory replied that as far as he was concerned such an arrangement would be to his liking and that Philip would be a good monarch for the purpose (Documents historiques inédits, I, 653 f.).

Dubois had made a similar proposal in the Summaria (folio 7r; Kampf, p. 12) : ‘It will be possible to obtain from the Roman Church the concession that for the future any king of the French may be senator of the city of Rome, exercising his power through another, and that he may hold from the Roman Church the whole patrimony of the Roman Church. After estimating all the revenues of that patrimony due the pope from the city of Rome, from Tuscany, the maritime and montane provinces, as well as from the kingdoms of Sicily, England, Aragon, and others, the pope through your majesty may retain as much as he was accustomed to receive, and you may have the homage of kings and other princes, and suzerainty over all the cities, castles, and villages, together with their entire yield which the pope has customarily received.’ * This argument was calculated to carry weight with Clement V, who was in poor health during his whole pontificate. He suffered severely from an illness which bore the symptoms of cancer of the stomach. In 1313 he was considering a change of residence in order to secure relief (G. Mollat, Les Papes d’ Avignon, 1305-1378 [ad ed.; Paris, 1912], pp. 33 f.). See also K. Wenck, Clemens V und Heinrich VII (Halle, 1882), p. 59.

5 The hatred of Dubois for the Romans, the Lombards, and the Italians in general finds expression in all his writings; they are in his eyes a race of hypocrites living in an unhealthy climate. Compare the Summaria (fols. 28v and 297; Kampf, p. 48); “That sin of false pretense flourishes more in one region than in another, as often happens in the city of Rome. Those journeying thither, seeking an indulgence for all their sins as truly penitent and confessed persons, have seen a new illustration of this. They report that

there, and on the way near that land, they have commonly seen that when a pilgrim got into difficulties in the churches or on the way, blameworthy or not, the crowd, rushing at him with violent force in brutal impulse, trampled on him who had fallen into difficulty and killed him at once, blameworthy or not, nor was there anyone who troubled himself about it. Because of such happenings it has been pointed out above that the kings of the French ought always to be begotten, born, and nourished in their own kingdom, especially in such districts where men are normally well-disposed on , account of the more favorable influence of the heavens and the heavenly bodies therein.’

The Recovery of the Holy Land: Part IT 169 to trample on the humility of the French, have presumed to attempt

what has elsewhere never been heard of, namely, to lay claim to temporal dominion over the kingdom of the French and its supreme prince, damnably inciting that kingdom of greatest peace and con-

cord to perpetual sedition. The presumptuous beginning of this storm has happily been calmed, because the king of peace imparts the greatest harmony to his deputies. Since the Roman pope has misused his power and has done so

because he is a Roman, it 1s fitting and proper, and in harmony with the intent of the decree of the holy fathers, that the Romans, saving and in every way increasing the papal dignity, should, though

unwilling, permit this great honor to be enjoyed indefinitely by individuals who would not be eager to snatch at the chief dignity of a most Christian prince; who would not exceed the limits which the holy fathers established; who would permit any Caesar to reign - in his own kingdom, and to administer and enjoy his possessions. Our Savior taught that this should be done, as gospel truth bears witness, when to avoid dispute He directed on behalf of Himself

and Peter that the tax due be paid. He told Peter, and left to his successors, this example: ‘Render to Caesar the things that are Caesar’s; and to God, the things that are God’s.’* When He had washed His disciples’ feet, He said, ‘I have given you an example, that as I have done to you, so you do also.’8 Because of the sentiments expressed, the writer of these words may

very probably meet opposition. He foresaw this when he touched upon these matters in his Lncontrovertible Arguments (Raciones incon-

vincibiles), which he wrote at Paris on the Sabbath day preceding

the Sunday of the publication of the papal iniquity, and on the same day sent to his friend, now lord bishop of Béziers.® [In that 6 A reference to the activities of Pope Boniface VIII. Boniface, in turn, brought a countercharge of arrogance against the French, inveighing against the ‘French arrogance which acknowledges no superior on earth.’ 7 Matt. 22:21. 8 John 13:15. ® No work of Dubois bearing this title has come down to us. Renan’s attempt (Histozre littératre, XXVI, 475) to identify it with the Deliberatio... super agendis published by Dupuy (Histoire du différend,‘Preuves’, p. 44) must be rejected, if we are to understand by the ‘papal iniquity’ the bull Ausculta fili. Dubois himself states that the Raciones inconvincibiles was written before the publication of that bull. Philip’s entourage substituted for the genuine bull a forgery with the incipit Deum time, to which the Deliberatio was avowedly a reply, thus making Renan’s contention chronologically untenable. Further-

170 The Recovery of the Holy Land: Part IT work he stated] that the Supreme Judge, whose determinations are hidden, has by means of the Romans’ wrangling willed that there

be called to the supreme office of pontiff a man of such high character that through him this power may for a long time be withdrawn from avaricious persons for their sins of exaction, and

may remain with those who will not be eager to snatch away others’ liberties. Then they may realize that the power granted on earth to Peter, prince of the apostles, is in this manner withdrawn from them because of the abomination of their sins. Because King Saul, who was called by the Lord’s decree and anointed king,

did not give ear to the Lord and His precepts, and used his own reason instead of the Lord’s or that of Scripture, he received a special decree of the Lord for the loss of his kingdom. Today the Lord issues such commands only through the Holy Scriptures and their interpretation. In them, and by means of them, we ought to seek the likely and probable causes of all the consequences

we observe, heeding the apostle’s words, ‘All things whatsoever [which] were written, were written for our learning.’ Why do we so often read in the Scriptures a recital of how many great and divers evils befell because of divers sins, unless it be that from the example

of such events we should fear to commit sins lest such evils, and worse, follow? ‘For if,’ as the Philosopher says, ‘we were all just’ (namely, an inner sense of justice) ‘we would not lack justice’ (namely, an outward justice).’* Because of those whom the fear and

love of God does not restrain from evil and whom He does not

compel to turn from evil, the iron rod is sometimes required, which God sends in accordance with His word, “Thou shalt rule them with emore, th brief analysis of the Raciones inconvincibiles which Dubois presents in the present

chapter does not correspond to any of his works which are known today. The Norman Richard Leneveu, to whom Dubois says he sent the Raciones inconvincibiles,

while archdeacon of Auge enjoyed the confidence of Philip IV. In 1301 he was among the clerics entrusted with the prosecution of Bishop Bernard Saisset, a supporter of Boniface VIII. As a reward, Richard was named administrator of the diocese of Nimes, and in 1305 became bishop of Béziers. Through his friendship with Richard, Dubois

apparently hoped to gain an entrance into the charmed circle of Philip’s intimate

advisers. On Richard, see J. B. Hauréau, ‘Richard Leneveu,’ Histoire littéraire, XX VI, 539-51; M. Moser, ‘Der Brief Realts est veritas aus dem Jahre 1304,’ Mitth. d. Inst. f.

10 T Kings 15 (I Sam. 15). oesterreichische Geschichtsforschung, X XTX (1908), 84-87. | )

11 Rom. 15:4. 12 Nicomachean Ethics i. 4. 11054 19.

The Recovery of the Holy Land: Part II 171 a rod of iron.’!8 Those who do not heed the causes for such rods— they are imitators of Pharaoh’s hardness of heart—will for this be punished temporally, and in the end eternally, if they do not come to their senses. Therefore it behooves us to inquire earnestly into

the probable causes of all results which we observe happening, according to the well-known saying of Hugution who warns, ‘Happy is he who can understand the causes of things.’#*

The Philosopher says, ‘Because they began to wonder, the high priests in Egypt first began to play the philosopher,’ seeking the probable causes and likely effects of what they saw. They sin against the teaching of the divine Scriptures who impute the effects of evils to chance alone and not to sins. Does not the Lord say, ‘For the sins of the people I will make a hypocrite to reign’ 4 And the Augustin-

ian canon, ‘For the sins of the people there 1s sometimes given a wicked prince and a wicked prelate,’!” for the people are not worthy

to have a good prince and a good prelate? For the same reason princes and prelates ought to fear lest for their own sins the people be made wicked and rebel against them. Everyone ought to accuse, not justify, himself. 112. If the lord pope should remain long in the kingdom of the French, he will probably create so many cardinals from that kingdom that the papacy will remain with us and escape altogether the grasping hands of the Romans.!8 The reason for this will be so evident

that for the future they will be careful to avoid snatching at others’ rights lest a worse fate befall them. 113 [LXXI]]. It is obvious that the king of Sicily would gain great advantages from the proposed arrangement. The kingdom of Jerusalem will be of infinitely greater value to him than all that he now

possesses, since all the lands can be placed under a new annual tribute, and the kingdom will be supported from the property of the Templars, Hospitalers, and others previously mentioned. He 13 Ps, 2:9. 14 Georgics u. 490. On Hugution, see above, chap. 89, n. 76. 18 Metaphysics A. 1. 981b 20-24.

16 Job 34:30, inexactly quoted. 17 Corp. jur. can., Decret. Gratiani Pars II. can. 18. C. viii. qu. 1 (I, 596). 18 This suggestion was soon realized. In the three promotions of cardinals which he

made in 1305, 1310, and 1312, Clement V created twenty-eight cardinals, of whom twenty-five were French. See the lists given in Souchon, Die Papstwahlen von Bonifaz VIII bis Urban IV. On the simonaical activities of these cardinals, see J. Haller, Papstium und Kirchenreform (Berlin, 1903), I, 44 ff.

172 The Recovery of the Holy Land: Part II will also recover the kingdom of Sicily, and the kingdom of Sardinia

would be assigned to him upon its liberation from Frederick [of Aragon] as stated above.?®

114. The king of Germany, now temporary and transitory, will hold the kingdom and imperial dignity for himself and his heirs

in perpetuity.” |

115. Lord Charles [of Valois], when the wars of Christians

obedient to the lord pope have been brought to a close, can, by the

, grace of God, easily seize the empire of Constantinople. [Under the proposed arrangement] he would have warriors for this, which he probably would not have otherwise. 116. For all these matters to occur thus favorably is and will be of more interest to our lord high king of the French, his children, brothers, and his whole posterity, than can be written. If the above suggestions be successfully carried out, he will be able to ally all kings and princes obedient to the Roman Church with himself and his brother, who, in view of the opportunity to conquer the empire of the Greeks without disorder in the kingdom of the French, cannot fail to begin the war and prosecute it to the death. It will be a source of much honor and profit to the lord king of the French if he can procure the kingdom and empire of Germany for his brother and nephews in perpetuity. It would be well to come to an agreement” on this matter with the present king before he can 19 Chap. 103. The suggestion that the kingdom of Jerusalem be conferred upon the king of Sicily (Charles II of Anjou, king of Naples, and therefore nominally king of Sicily) appears here for the first time in the present work, although Dubois seems to be alluding to a previous passage. Renan sees in the present passage a proof that the document was altered. ‘Perhaps the copy of the De recuperatione destined for the king of France contained a discussion of this topic, a discussion which the author would have suppressed in the

copy addressed to Edward I, while permitting to remain in chapter 113 the phrase

, which appears there’ (Histoire littéraire, X XVI, 481). On the other hand, it is quite

possibly anerror on the part of the copyist of our unique manuscript, who has inadvertently omitted the phrase, perhaps toward the end of chapter 103, where Dubois spoke of the new crown which he destined for the king of Sicily. Compare Appendix, chap. 3. 20 Compare chap. 13 above. 21 Even in his most optimistic dreams Dubois never saw any means for disposing of Germany otherwise than by peaceable negotiation. Compare the Summaria (fol. 10v; Kampf, p. 19): “How the subjection of Germany can be accomplished otherwise than by agreement is not apparent, nor does it occur to the writer; in this and other matters the one God and Lord of armies will by His grace provide that there may be a single

ruler for the temporal, just as for the spiritual affairs of His subjects.’

On French designs upon the Holy Roman Empire, see H. Kampf, Pierre Dubois, pp. 45-53-

The Recovery of the Holy Land: Part IT 173 hear of the new plan for peace. The lord king, as is said to have been agreed elsewhere,?* would then have for himself and his heirs

the whole territory situated on this side of the Rhine at Cologne, or at all events the direct overlordship and control of the counties of Provence and Savoy, together with all the rights which an emperor would have in Lombardy and in the cities and territories of Genoa

and Venice. In this way the lord king would have free access to Lombardy. This agreement ought to be made secretly between the king of the French and the king of Germany, with the pope’s approval and confirmation, so that when it has been so agreed and confirmed, the empire will be confirmed to the king of Germany and his posterity. Gifts could be made to the electors, at least to the lay

electors, to gain their consent. The pope might well require the ecclesiastical electors to consent, since it would be in many ways to their advantage that the customary wars of the Empire and its subjects cease.

Then if the pope, in return for a perpetual annual pension, would turn over to the lord king the whole patrimony of the Church and temporal jurisdiction over its vassals, among whom are many kings, it could be stipulated and agreed that the lord king would appoint as Roman senator one of his brothers or sons. This individual, in the absence of the king himself, would be the supreme judicial authority in the patrimony. Appeals from his decisions could be submitted to the lord pope, who, after reviewing the procedure in cases where he 22 Compare the Summaria (fol. 3r and v; Kampf, p. 5), where Dubois alludes to the interview at Vaucouleurs in December, 1299, between Emperor Albert of Austria and Philip the Fair: ‘If his royal majesty, as is said, has recently acquired and proposes to retain supreme dominion over the kingdom of Arles and the lands on this side of the Rhine and Lombardy extending from the southern sea to the northern....’ An alliance was actually concluded at this meeting, but the imagination of contemporaries imputed to the two allies momentous agreements which were far from their thoughts. Dubois

was not alone in believing that Philip the Fair had at Vaucouleurs guaranteed the imperial succession to the family of Albert of Austria in return for important territorial concessions. Ottokar, the chronicler of St. Peter of Erfurt, echoes this rumor in Germany. It was repeated in France by Guillaume de Nangis. Ottokar’s account is in his Oesterreichische Reimchronik, beginning at line 74955 (MGH, Deutsche Chroniken, V, Part II, 989). The version by Guillaume de Nangis is in his Chronicon, ed. H. Géraud (2 vols.; Paris, 1843), I, 308. See also P. Fournier, Le Royaume d’ Arles et de Vienne (1139-1378) (Paris,

1891), pp. 315 f. oo

The fact that Dubois, when he composed the De recuperatione, still accepted the popular

version of the interview at Vaucouleurs which he had incorporated about 1300 in the Summaria, is evidence that his knowledge of the realities of the international politics of his day was little better than that possessed by the general public. Compare chap. 128, n. 59 below.

174 The Recovery of the Holy Land: Part II was authorized to interfere, might reverse, confirm, or otherwise modify them. If the Lombards, Genoese, and Venetians should be unwilling to

render obedience to the king and to pay him the tribute and dues formerly owed by them to the emperors, they would at once be shut off from intercourse with all Catholics obedient to the lord pope and

who observed the new plan and statute of peace.”* Trade in all commodities would also be forbidden them. The lord king might freely enter Lombardy by way of Savoy; the senator, the emperor, and the king of Sicily would come from other directions.“ Thoroughly subdued, [the recalcitrants] would be sent into perpetual exile. Because of the new inviolable statute of peace [established by] the allies their wonted arrogance could not endure, but would necessarily fall, as well as that of the Romans, Tuscans, Campanians, Apulians, Calabrians, Sicilians, and all other kingdoms and provyinces obedient to the pope. By this means the kings of England, Aragon, and Majorca would be obedient to the lord king just as they now are required to obey the

pope in temporal matters, and a compact could be made with the prospective king of Granada that he, too, should obey the lord king. Perchance it might be arranged in the council that the unjust usurper of the kingdom of Castile, saving for himself the Castilian crown

with its revenues, would agree to abide by the arbitrament of the lord pope, who could then make some arrangement for the others. For the usurper sinned mortally against the son of his first-born 28 On the manner of dealing with the Lombards, compare the Summaria (fol. 87; Kampf,

p. 14): ‘Should the Lombards refuse to obey you, by the new method of warfare here suggested you would be able to lay waste their land and all their provisions, and easily prevent the importation of provisions from other countries. Forced by intolerable hunger, they would then restore to you the treasures of the world which they have accumulated by their cunning and malice, and render you obedience forever as slaves. I do not believe that such a great conquest of riches as you would make has occurred since the world began, and it would be done in accordance with law, since they would have neither cause nor excuse for refusing obedience to their prince.’ Compare chap.

118 below. 7

24 Compare the Summaria (fol. 81; Kampf, p. 15): ‘If anyone should object that the Lombards have so large a population and [so many] fortresses that hitherto the emperors and kings of Germany have been unable tosubjugate them.... I answer that you willlead : orsend thither such a multitude of knights and foot soldiers that they will fear to venture forth and will shut themselves up in their fortresses, for an infinite nunber will stream thither in the hope of gain, without pledges or stipends from you. And if you deem it expedient, could you not summon to your aid the kings of Sicily and Germany, who are near that land, and give them opportune support in turn when they seek it?’

The Recovery of the Holy Land: Part II 175 brother by retaining the kingdom contrary to common justice and even contrary to the agreements entered into between the sainted King Louis and the father of the rash usurper and the prelates and barons of the kingdom of Castile. A marriage contract was entered into between the first-born son of the king of Castile and princess Blanche, daughter of the saint, with the proviso that the succession to the kingdom should be yielded to the sons of the first-born son, if their father, as 1t happened, should die before their grandfather. Then, leaving the kingdom of Castile to its rash possessor, he could assign the kingdom of Granada to the nephew of him who broke the agreement, and another kingdom to the other nephew, on the condition that they should obey the king of the French for the sake of having his help against the Saracens. In this way the French king would be in a position to occupy the kingdom of Castile. It would not be strange if the king of the French—saving the proper overlordship of Spain—should have the homage and loyalty of the land which his ancestor Charlemagne acquired on driving out the Saracens and which came by succession to the mother of St. Louis. In this matter the lord pope would ultimately decide the fate of the kingdom of Castile after confirming the other arrangements. Mean-

while the lords Ferdinand [de la Cerda] and his brother would freely possess their kingdoms, and the lord king would rejoice in the possession of the remaining conquests mentioned.”® 117 [LXXIT]. At the council the lord king and his brother should

as far as possible seek and confirm alliances with all the princes there assembled, in order to have the help of all in acquiring the empire of the Greeks after clearing a way to the Holy Land. The king of Sicily would be, or ought to be, the first to do this most willingly with all his forces, especially in behalf of those who will come to his assistance in the splendid fashion pointed out above. He could do this by promising the aid of his whole force of ships, men, and supplies.

All the others will then be inclined to promise and furnish aid more readily than they could otherwise have been persuaded if the assured pledge had not been made at all. When the customary wars among Catholics have been quieted and stopped, warlike men, rather than remain idle in their lands, 25 Compare chap. 103 above.

176 The Recovery of the Holy Land: Part IT will more easily than ever be persuaded to prepare and furnish armed aid in a distant land. If the foregoing proposals are adopted, it is probable that all those living between the West and Greece on this side of the Mediterranean sea, at least those near the coast, will readily assemble their warlike men and shipping facilities.

_ It would be well to assault the lands and empire of the Greeks from many directions, both by land and sea, following the detailed and comprehensive tactics described at length in the little book On the Shortening of Wars and Tactics Therefor.2* It was drawn up by the

present writer and forwarded to an experienced and faithful friend

of the king, master Jean de la Forét,?” at Toulouse, when their lordships the king and Charles [of Valois] were there.” This was done for the purpose of inducing lord Charles and his counsellors and friends to consider, by degrees to desire, and [finally] to adopt these tactics and other related suggestions. _ After examining that little book and then seizing a favorable opportunity, their lordships the king and Charles, with friends trained in the practice and skill of arms, ought to direct some prudent men, experienced and loyal to them, to see that a careful watch is kept #6 "The passage in the Summaria (fol. 97; Kampf, pp. 16 f.), where Dubois suggests that

Charles of Valois should wrest the Greek Empire from Palaeologus, is silent on the manner of conducting the expedition against the empire and on the ‘tactics’ which are here alluded to. Only in the earlier portion of the Summaria (fols. 1-5; Kampf, pp. 1-9) does he discuss the art of war, and then merely in general terms. The Summaria was certainly composed toward the end of the year 1300. Now Dubois informs us that his Libellus super abreviatione guerrarum et hujusmodi provisionibus, in which there was a dis-

cussion of the military policy to be pursued against Palaeologus, was sent to Toulouse during the king’s sojourn there. Philip the Fair, as his itinerary shows, did not visit. Toulouse between the marriage of Charles of Valois to Catherine de Courtenay (January 28, 1301) and January, 1304. Therefore it seems clear that the Libellus of 1304, in which — so Dubois tells us — he set forth a detailed plan for the expedition against Constantinople, must not be confused with the Summaria of 1300, despite the similarity of title. It was probably a revision, no longer extant, of the first part of the earlier memoir. 27 Jean de la Forét was one of the numerous ministers close to Philip the Fair, such as Pierre de Latilli, Pons d’Aumeles, Hugh de la Celle, and others, of whom we know |

| little more than their names and their cursus honorum. We find him in the position of royal commissioner extraordinary about 1297 in the seneschalsies of the south (C.

Devic and J. Vaissete, Histoire générale de Languedoc, [ed. E. Dulaurier eé al.; 16 vols.; Toulouse, 1872-1904], X, 341-46). In 1298 he sat in the Parlement of Paris (A. Beugnot,

Les Olim [3 vols. in 4; Paris, 1839-48], II, 423). In 1299 the treasury of the Louvre defrayed the expenses of a mission of Jean de la Forét to England (L. Delisle, ‘Opérations financiéres des Templiers,’ Mémoires de l’ Académie des inscriptions et belles-lettres, XXXII

[1889], p. 60). _ . ;

38 The itinerary of Philip the Fair records the sojourn of that prince at Toulouse from January 3 to 20, 1304 (Recueil des historiens des Gaules, XXII, 44.3). He remained in that town at least until January 22 (A. Baudouin, ed., Lettres inddites de Philippe le Bel [Paris, 1887], No. 187).

The Recovery of the Holy Land: Part IT 177 over all arrangements directed to this end. It is evident from what has gone before and from the little book referred to, that it will be difficult to dwell in a land whose lettered language and all of whose spoken dialects are unfamiliar to all Frenchmen. It will also be difficult to seek the friendship and alliance of the natives, who naturally are accustomed to hate the Latins, and to rule them if they are subjugated, and to mingle with them. A good prince ought not to aim at the destruction of a whole people; if this be his intention

his cause does not deserve to prosper, nor would he be able to realize his purpose. How, then, should one attempt to gain the love of the survivors?

How should they be governed by those who understand them no better than they understand the twittering birds of the air, the roaring beasts, and the hissing serpents? Foreign interpreters of their languages will not suffice, since it would be dangerous to trust them, and such persons could not be found adequate in number or prudence for the administration of an empire. Men ofa foreign land, barbarians in the eyes of the French, as are all those who understand _ the language of the Greeks, would be readily influenced and bribed to betray and deceive those whom they in their turn would regard as barbarians in that country. The blessed Paul and the other apostles, all of whom were Jews, knew only the Hebrew language, the lettered language as well as the mother tongue of the area about Jerusalem. How could they have preached and taught the Gospel of God intelligibly to all barbarian nations, except God Himself had granted them the usage of all languages ? In no other way would they have been able to converse with the barbarians. It is in every way advisable and necessary to procure far in advance men fluent and well -trained in languages. Such training cannot be bought with gold, silver, or precious stones. Therefore

it is desirable to make provision for this before necessity arises, either in the manner set forth or in some other easier and better way.”9

118 [LXXITT]. As far as the lord king is personally concerned, many will surely object and murmur that he could not very well endure the hardships of so many conquests nor subjugate so many warlike districts, and that therefore he ought not to undertake such 29 On the study of foreign languages, see above, chaps. 59, 61-64.

| 178 The Recovery of the Holy Land: Part IT vast projects. To this one may reasonably answer that it is desirable for the king to devote time to important matters and initiate them, following the principle enunciated by the lawgiver Justinian in the beginning of his book: ‘Because we were occupied with the cares of

the whole commonwealth, and chose to consider nothing too in-

, significant,’ etc.*°

If every prince ought to be high-minded, magnanimous, and generous, certainly this prince ought more than others to be of such a sort. It is true that it is a difficult and dangerous matter for such a

great king personally to wage a campaign and engage in general battle. One of the brothers, sons, or relatives of that prince could do

this with less expenditure and danger than he, and with fewer warriors—a half or a third as many; but it would be neither safe nor advisable to attempt this except in conjunction with the proposed plan for universal peace. - It is unlikely that rebels would find allies since all would suffer like punishment and be excommunicated. Their magnates and sei-_ gneurs would all be guilty of perjury, would thereby be branded with infamy, and on that account fall into eternal opprobrium. The acquisitions of territory, except the transfer of the patrimony of the

blessed Peter, would not be made public before the matter of the Holy Land had been settled. They would be confirmed by the bonds of a perpetual universal peace [proclaimed] everywhere, as if spontaneously, because of the zeal and pressure for going to the aid of the Holy Land. The bonds of peace would be sworn to by all princes, prelates, and nobles, and validated by official documents in a manner to bind their heirs and obligate them to take similar oaths. When these documents had been brought to the treasure chamber of the

Roman Church for deposit and had been entered on the public register, the expedition to the Holy Land could be begun and with

God’s help be brought to a successful conclusion. __ , Then their lordships the pope and the king could warn all the subjects in the newly acquired territories to obey the royal justiciaries on pain of incurring all the penalties in their power. The recalcitrants, according to the tenor of the peace covenant, would be punished as promptly as possible, in so many ways that the punishment inflicted on a few would strike terror in the hearts of many and 80 Corp. jur. civ., Novellae, Preface.

The Recovery of the Holy Land: Part II 179 all men would be made good: the well-disposed by the incitement of rewards, and the wicked by fear of everlasting punishment for themselves and all their posterity. Those who attacked the peace covenant would be subdued by the prince most immediately concerned and sent to the Holy Land for

its defense. Prompt action to this end is essential so that others through fear of similar punishment would not dare to aid them. It is unlikely that all the prelates and nobles of any region would be will-

ing to commit similar perjury; they could therefore be divided against one another by the teachers and counsellors of the peaceable king’s acts. ‘And every kingdom divided against itself shall be made desolate and shall not endure.’** This is what happened at the time when the Emperor [Frederick IT] allied himself with the opposition party in every city in Lombardy that denied his authority. He called

his party the Ghibellines; the other party, which adhered to the pope, he called the Guelfs. With the help of the party allied to him he speedily subjugated them both.®* From this episode it is evident that the Ghibelline party, which reconciled itself with its true lord, was and is wiser than the party which subjected itself to the pope and turned away from submission and obedience to its own prince. And so, long ago, the Lombards, because of their arrogance and wealth and the fortifications at the entry to their country, presump-

tuously broke out into the rashness of rebellion, denying to the Emperor the submission to which they could not take legal exception. Thereby they committed a most serious breach of the Julian

law of majesty. For this offense they and their whole posterity deserve to be punished by confiscation of all their property. If the 31 Compare the Summaria (fol. 1u; Kampf, p. 2): “He will make all men good, at first by fear of punishment, and then by the incitement of rewards.’ 82 A paraphrase of Matt. 12:25. 33 Compare the Summaria (fol. 8v; Kampf, p. 15): ‘A certain crafty Emperor [Frederick II] wished to subjugate them [the Lombards] in a short time. Observing that in every city there were two mutually hostile parties, he got control successively and secretly of the one which he knew to be in the majority or which he believed to be the stronger in

each city, making with it an alliance for the destruction of the opposite party. He concealed and said nothing of his purpose to bring both parties under his dominion. } And so, coming to that land with a great army, he obtained easy ingress without a long siege with the help of his party, which in each city he called the Ghibelline. The opposite party, summoning the aid of the pope, claimed that it favored the interests of the Church. He called the founders of this party Guelfs and declared that his adversaries who resisted their lord and prince would become sons of the Church only by committing mortal sin. By this means the Emperor made both parties subject to himself.’

180 The Recovery of the Holy Land: Part IT pope, in view of their grievous crime, should venture to defend them

| against their prince, his patron and the founder and donor of the whole patrimony of the Church, it would appear that the pope—if it be proper to write and say it—as an ingrate would be committing a felony for which he ought to suffer the statutory penalty.™ 119 [LXXIV]. It would be perfectly consistent with reason that the lord king remain inactive to have leisure for begetting, rearing,

and teaching his children; to pronounce sentence and dispense , justice personally in important cases and transactions, or to have it done by others; to carry on campaigns through the agency of his closest and most trustworthy war leaders; and to furnish warriors and the supplies necessary and useful for carrying on war. This is evident from what the Philosopher says in his Politics: ‘Men of vigorous intellect are naturally the rulers and masters of others.’®® He says also in the seventh [book] of the Physics, ‘The tranquil mind

| becomes wise and prudent.’** Thus the sainted David remained inactive, taking leisure for contemplation, while he sent the sons of

Israel off on campaigns. War leaders sent out in this way can maneuver quickly, begin

battle suddenly, proceed with cunning, transfer themselves hither and thither by day or by night to harass the enemy, and can subsist mostly from the spoils of the enemy. A great king or prince cannot

do this, for it is not seemly for him to go forth to war on behalf of a few and neglect the administration of an almost incomparably greater number of people. It ill becomes so great a prince to neglect

his many important administrative duties and expose himself to danger and the chance of accidental death,?’ lest ‘when the shepherd 84 The question of papal guilt of crime and heresy had been raised at least as early a8 the eighth century by St. Boniface (Corp. jur. can., Decret. Gratiani Pars I. can. 6. dist. XI [I, 146]). In 1303 John of Paris, in chap. xiv of his Tractatus de potestate regia et papali,

had stated, ‘If the pope should be guilty of crime, scandalize the Church, and be in- © corrigible, the prince could excommunicate him indirectly and by that procedure depose him, acting in behalf of himself and the cardinals.’ In chap. xxiii he remarked, ‘If [a pope] should say and hold firmly to anything that is contrary to what is in a symbol of faith approved by the Church, he is already considered to be judged [a heretic].’ The Tractatus is in M. Goldast, Monarchia S. Romani impertt (3 vols.; Frankfort

and Hanover, 1611-14), II, 108-147, quoted in R. W. and A. J. Carlyle, A History of Mediaval Political Theory in the West (6 vols.; Edinburgh and London, 1903-36), V, 428 n., 434 n.

86 Physics VIL. 3. 247b 17. : , 86 Based on Politics m1. 13. 1284b 27-34.

37 Dubois could here quite appropriately have alluded to the sad fate of the last two French kings, Louis [X and Philip III, who died of illness while on campaigns. He

The Recovery of the Holy Land: Part IT 181 is stricken at the devils’s instigation, the sheep of the flock be scattered.’§ It is far better for that prince who sends an army to some province for the purpose of quelling a revolt to ordain that if by chance the

war leader die, be wounded, fall ill, or be incapacitated in some other way, another be substituted for him at once: unconditionally and without reserve, if the leader be dead; if merely incapacitated, until he recovers. The substitute should at once proceed promptly and at the opportune time with the plan agreed upon. It would bea serious defect in the organization of a great army if it should remain

inactive and impotent or disintegrate because of the incapacity of a single individual.®®

Boethius says, ‘Only that merits being spoken of as in the world which is ordained by and serves nature.’#° As the Philosopher says, ‘Just as the world is a unit by the unity of the ordering of the goal sought by all, which is the first principle which we call God, so the

army is a unit by the ordering of its goal, which is the victory sought by the war leader and which each and every man in the army ought to seek.’*! [It were well for the prince] to direct his energies toward this goal, to wit, the attainment of perpetual peace, so that in time of peace men may have full, free, and perfect leisure to acquire the virtues and sciences. ‘He who otherwise seeks war for its own sake is in the extreme of wickedness,’4” as the Philosopher testifies. He who humbly seeks victory and peace by God’s power, and not by his own efforts, will find the peace of God, which according to the apostle ‘surpasseth all understanding.’# made this allusion in the Summaria (fol. 117; Kampf, p. 20): ‘What usually happens as a result of the hastened death of a prince while campaigning has been declared and made manifest to you most clearly by experience, the greatest master and teacher of things, in the case of your illustrious father and grandfather. After the clash of arms had ceased they trod the path of all flesh and were stricken by the inclemency and corruption of the atmosphere, although in accordance with the normal course of nature and their native bodily vigor they might have expected a much longer life.’

38 A garbled version of Matt. 9:36. | 39 In chap. 26 above, Dubois refers to the ill-fated expedition of Frederick Barbarossa in the Third Crusade. His army was perhaps the best organized of any during the whole

crusading period, but on his accidental death in Asia Minor it disintegrated. Only a small fraction of the army arrived at Acre under his son Frederick of Swabia. 40 Consolat. philosophiae tv. 2.

41 Metaphysics A. 10. 1075a 12-15. 42 Nicomachean Ethics x. 7. 11'77b 8-12.

48 Phil. 4:7.

182 The Recovery of the Holy Land: Part II 120. If a great prince such as the king of the French should have but a single son to succeed him, he could not appoint him leader of a dangerous war without great fear of probable misfortune. Even

if appointed, such an only son could not approach the horrors of war so unconcernedly as if he had several brothers. Therefore the king and his first-born son ought to have leisure for begetting children and should appoint other sons and brothers as war leaders. As the Philosopher says, ‘Bravery, which makes all soldiers excel-

lent, good, and just, is to approach the horrors of war and the threat of death for the sake of the common good, not for one’s own advantage. He says further in the Politics, ‘A prince who governs for the sake of his own advantage and not for that of the commonwealth ought not to be called a prince, but a tyrant.’ ‘But if he humbly seeks of God, and through His powe1, the common

good, i.e., the safety of the commonwealth alone, his own good and advantage follow, just as all the good things of this world came to Solomon, as well as the wisdom which alone he had sought

from the Lord. .

[LXXV] These matters, and the means of shortening wars in modern times more than formerly, are set forth in the little book, On the Shortening of Wars and Litigation in the Kingdom of the French and the Reform of Conditions in the Universal Commonwealth of Christians.*6 I have

written out these suggestions, not because I think they cover every-

thing, but in order to offer prudent and experienced men an opportunity to produce a finished work on these and other related

45 Politics tv. 11. 1295a 18-23. 44 Nicomachean Ethics m1. 6. 1115a 33, or Magna Moralia 1. 20. 1191a 22-26.

46 An allusion to the Summaria. Note the passage (fols. 10v, 117; Kampf, p. 19) where the

author had already set forth ideas similar to those presented in chapters 119 and 120: ‘If anyone should object that your reign cannot long endure and enjoy peace if your royal majesty should undertake so many important projects, he may be answered by reversing his argument; namely, that the contrary will by the grace of God be true, because you have and will have many brothers, sons, nephews, and other relatives, whom you will make the leaders and chiefs of your wars, together with a multitude of knights and people. You will remain in your native land with leisure to beget children, to educate and train them, and to organize armies, to the honor of God who is true justice, who makes those who act justly His own sons by the doing of judgment and justice, so that you know... what will be done and can be done in all kingdoms situated on this side of the southern sea. If anyone should contend that such an administrative policy is elsewhere unheard of and therefore ought not to be followed, and that one ought not on that account to depart from those policies which have been approved through lifelong custom, I answer, Nay, on the contrary, one reads that some Roman emperors so ruled the greatest number of kingdoms and climes in the world.’

The Recovery of the Holy Land: Part II 183 subjects. Few things in this world are commonly done so well that they could not be planned and carried out in a more complete and suitable fashion. The lord king can see this if he stops to think how much less he would have burdened himself and his people when

waging war, had he exacted the military service due him in the following way, and not in the usual manner.*’ 121 [LXXVI]. It is a fact that the obligation of military service for the defense of the realm has been placed on the greater and more important fiefs. This military service is the customary feudal obligation owed by whomsoever holds the fiefs, to be discharged and performed by the holder of the fief or by some other suitable person, not regularly each year, but only when necessity demands it. The defense of the realm is a matter of concern not only to the lord king and those who hold fiefs owing such service, but also to the many others who hold free fiefs4® unburdened by special service. It is also of concern, although not so much, to any who hold fiefs which are for the most part of far less value and which are burdened by annual payments amounting in many cases almost to the whole, or at least to half, of the annual value of the fief: 122. The defense of the realm is a matter of concern also to the lesser clergy because of their considerable spiritual and temporal privileges. And so all ought to be summoned who owe service for two causes and reasons, which carry more weight than one; namely, they owe this service whenever an emergency arises, and they have held their fiefs on condition of this service. The lord who was then king granted them their fiefs on this condition, and he defends and is required to defend any of them against anyone attacking them by

force of arms. And so it is to their interest to render whatever service they owe, since otherwise they would not have peace nor 4? This phrase serves the author as a rather labored transition for passing from matters of foreign policy to matters of French domestic policy. The Summaria of 1300 is likewise divided into two parts. In the first he gives Philip the Fair a glimpse of the prospect of universal domination; that division corresponds exactly to chapters 110~—120 of the present

work. The second part is devoted, in an anticlerical spirit, to a criticism of the judicial organization of the French kingdom, and secondarily to a criticism of the monetary policy introduced by Philip the Fair. Chapters 121-136 of the present treatise correspond to this division. They treat of the defects in the military organization of the French kingdom, and secondarily of the debasement of the coinage. 48 Feudum francum is a fief held by a nonnoble. In 1275 Philip III imposed a special tax on such fiefs (A. Luchaire, Manuel des institutions frangaises, période des Capétiens directs

[Paris, 1892), p. 183).

184 The Recovery of the Holy Land: Part II would they have leisure to enjoy their possessions and acquire the virtues and sciences. Therefore, when an emergency threatens, they ought to be summoned first. If the aid which they owe is or is believed to be sufficient, and the lord king should summon those who

do not owe this honorable service, he would be seeking rather to injure them than to aid himself. By provision of the law it follows that this is an unpardonable offense, and so he is guilty of mortal sin because he summons and judges those who should not have been summoned, since they are not under obligation.

123. But if the lord king, acting on the best advice available, should judge that the aid of all those owing him military service is insufficient, he may summon a levée en masse; that is to say, first the aid of those who hold free fiefs, and if that is sufficient he should be content. If insufficient, he should summon the aid of the people, i.e., all those standing outside the feudal relationship, to the extent that true and honest judgment indicates that he has need.*° [LXXVIT] If the resources of the lord king and those feudatories, together with all those mentioned above who hold free fiefs whether Owing service or not, are presumed insufficient for defense, then in case of necessity for the defense of the kingdom—which is beyond

the law—the lord king may levy upon and seize the property of churches and ecclesiastics, in so far as he lacks the means for adequate

defense.*! This is the ultimate and final resource which the king can command. That it would be enough should be evident from the fact that seldom or never has such help from the churches and “9 T have so translated retrobannium. This meaning is indicated by the context and is _ supported by Philip’s summons of the ban and arriére-ban of August 10, 1302, where he calls out ‘every other sort of person who can bear arms, be they noble or nonnoble.’ (Boutaric, Notices et extraits, XX, Part II, Document No XV). 5° Dubois had a very exalted notion of the military resources of France. Compare the Summaria (fol. 97; Kampf, p. 16): ‘If in alternate years you should send to your friends or to your territories a great army of foot soldiers [numbering] up to eighty thousand, and two thousand knights of the lesser nobility who have few lands or none at all — even granted that they would not return — your people in every district would not appear to be at all diminished. You have an innumerable supply of men who would be adequate for fighting if necessity should arise. If your royal majesty were aware of the strength

| of your people, you would not — nor should you — hesitate for a moment to undertake

the great projects already mentioned and to be mentioned, as long as [they served] a good purpose, namely, the safety of the whole commonwealth.’ 51 The letter of Boniface VIII of July, 1297, in which he modified the bull Clericis laicos,

specifically stated that the bull should not apply in the case of imminent danger or necessity of the kingdom. See Carlyle, Mediaeval Political Theory, V, 378, where the letter is cited.

The Recovery of the Holy Land: Part IT 185 ecclesiastics been seized, for the reason that whenever it is so seized, it is seized contrary to common, canon, and civil law, and therefore with mortal sin, unless a special law exists by virtue and reason of

which such seizure may be made. There can be but one such law,

namely, the urgent necessity for defense. This necessity is not absolute, in the sense that it is necessary for the sun to rise; it is conditional, in the sense that nourishment for an animal is a necessary condition if that animal is to be saved and live. So we read in the fifth book of the Analytics, in the chapter ‘On necessity.’5? 124. Therefore it is the right and duty of the lord king to demand

and seize church property for the defense of the realm as a last resort when his own resources, supplemented by the feudal levy and the levée en masse, prove inadequate for the task. But let us suppose that one hundred thousand marks of silver were adequate for this defense and that the king should seize two hundred thousand marks; could he do this without committing mortal sin? Cer-

tainly not; for when the cause ceases the effect also ceases, as all sciences agree and impart on this point. Consequently, when this cause for seizure is inoperative, the lord king may seize nothing unless he wishes openly to rob and plunder. By the same reasoning, if he is in need of only one hundred thousand marks of silver or gold, and should seize more, he is to that

extent plundering and robbing by false word and deed when he alleges a necessity which does not exist. If the lord king does this with full knowledge of the truth, he is a liar. Because of that lie— which God forbid—he denies God and becomes a son of the devil, who is the father of lying, and all liars his sons; just as all truthtellers are to that extent called sons of God. This is proved by many passages in Holy Writ, especially in the Epistle to ‘Titus, and so considered in canon law, causa XI, question III, chapter [78], ‘Judgment is corrupted in four ways,’®3 and the

following chapters. It is clear to all who adhere to the Catholic faith that exaction beyond necessity would be a mortal sin, never to be forgiven unless the needless exaction be restored. If this is true

with regard to the whole of the exaction, it is therefore true of a 52 Not in Analytics, but in Metaphysics A. 5. 1015a 20-25.

53 Corp. jur. can., Decret. Gratiani Pars II. can. 78. C. XI. qu. 3 (I, 665). Langlois’ text omits existimatur immediately preceding quatuor.

186 The Recovery of the Holy Land: Part II part, for according to the warning in civil law, ‘there is the same relation of the whole to the whole as of a part to a part.’ | [LXXVITT] From the foregoing it is evidently extremely difficult

for the lord king to judge equitably in this question of necessity, and equally difficult for his assessors and counsellors to advise him fairly in this matter by choosing a middle ground in accordance with

true geometrical, not arithmetical, proportion. |

If the lord king judges righteously in this matter and his counsellors offer him just and equitable advice, they are by this rendered virtuous, if some vice does not harm them from another direction. Since ‘virtue and vice are two opposites,’®® as the Philosopher says,

they cannot coexist in the same subject; therefore a single vice corrupts and destroys all the virtues of the subject in which it is found. Hence the Philosopher gives prominence to what Heraclitus put so well when he wrote, ‘Virtue has always been kindled when the going is most difficult,’5* adding that ‘for us to be good is extremely difficult.’>’ For it behooves us to hold unswervingly to a middle course, avoiding the extremes of superabundance and want. The Philosopher supports this with a similar illustration: ‘There is ‘one path only, namely, the straight one, which leads the arrow to its mark; lines diverging from the straight line, which are oblique, are infinite in number.’®* Therefore he says that to hold a middle course in deeds of virtue is just as difficult as to shoot an arrow so it will pierce the target and not diverge from a straight line. 125. After giving careful attention to the foregoing, his royal majesty may wish to consider and judge fairly, without injury to any-

one, whether some other means can be devised by which he can fairly and legally exact by force from an unwilling people the aid of the levée en masse and of the churches. 126. It is obvious that the lord king, who is concerned more deeply and in more ways than others, must defend his kingdom. He ought to make ready for its defense when danger threatens and fight not only out of regard for his kingdom, as his ancestors formerly did, but as befits one of his rank, advantages, and wealth. 5 Not from civil law, but from Nicomachean Ethics v. 3. 1131b 15.

58 Politics V. 3. 1303b 15. .

88 Nicomachean Ethics vm. 2. 1155b. 57 Tbid., 1. 9. 1109a 25.

58 Jbid., 1. 6. 1106b 28-34.

The Recovery of the Holy Land: Part II 187 127. From the kingdoms, duchies, counties, baronies, castellanies,

and other fiefs which the same lord king has acquired on this side [of the Alps] in the past hundred years, he ought to seek at least as many warriors as those to whose rights and positions he has succeeded would seek and obtain if they held such fiefs. The lord king ought to compel each and every one of his vassals, dukes, counts, barons, castellans, and knights, and in general everyone owing him fixed services, to render and perform such services without fraud or reduction. He ought not to remit or give up any part of them or neglect to exact them—to the detriment of those who ought to be summoned only through the levée en masse.

128. But it is reported that the lord king, unmindful of this, and placing himself and his judgment in the hands of his counsellors, *®® has been accustomed to summon to his aid in war, sometimes at his own expense, those counts, barons, knights, and squires who, being obligated to render armed service, should have campaigned at their own expense and made recompense for their fiefs with armed service.

Furthermore, dukes, counts, barons, knights, and others owing service, unwilling to campaign and return service alone, are accustomed to take with them and hold to service at their expense many who would otherwise have rendered at their own expense the service due. In this way they leave idle other brave and powerful nobles who would gladly have campaigned at others’ expense if they had been summoned. Under such conditions it frequently happened that a knight owing armed service sent one of his sons with three or four men, himself

remaining at home with his horses and arms. The son, who was under obligation to campaign at his father’s expense, drew pay from a neighboring knight of his father’s to fulfill that knight’s obli-

gation; thus he passed for both himself and his neighbor. Later he succeeded in having himself received into the pay of a count or baron, and so, at the expense of the nobleman who received him, he fulfilled the obligation of armed service for both father and neigh-

bor, drawing their double pay. By such indolence and negligence in ferreting out the truth, while 5° Dubois repeats the accusation commonly made against Philip the Fair that he followed

with too great readiness the advice of his counsellors. Dubois was, to be sure, not numbered among those counsellors who had the ear of that prince. Compare chap.

188 The Recovery of the Holy Land: Part II releasing from military service many who owe it, and in a great many

instances assuming the costs of the service they owe him, the lord king has exacted the levée en masse in cases where it should not have

been summoned and exacted. By remitting those services due and exacting service from those who do not owe it, he has most gravely burdened himself spiritually, and them temporally. Similarly, by alleging necessity in the case of the churches, he has on that sup-

position exacted aid from them, although, had the truth been known, there was no pressing need, or at least the emergency was not so great. Thus he has exacted aid beyond necessity—a grave sin. 129. How, then, could a prince benefit from war? And how could he retain the property exacted for his wars when he has ignored the rule of law and custom by oppressing so many and by remitting to the wealthy—ungrateful because they do not understand the situa-

: tion—what he has wholly or in large part exacted from the poor? The Church, although it does not realize all this, yet considers itself injured, and has ceased to offer up its customary prayers for the lord king. Although the king did not follow this course of his own accord but was led by his advisers, it does not seem that he should, because of this advice, succeed in excusing himself before God, who sees all. For he was negligent, following poor advice and failing to seek good

counsel; remitting to those who owed him what he exacted from those who did not owe him,® since the aid of the levée en masse and of the Church is to be demanded and received only when the method of procedure described above is followed. 130 [LXXTX]. From the foregoing it is clear that he ought to have

proceeded by adopting the following plan, because there ought to be order everywhere (except in hell, where, as the sainted Job says, ‘no order, but everlasting horror dwelleth’).6t When an emergency is impending, to avoid oppressing his subjects the lord king should first [seek to] provide himself with sufficient [feudal] warriors in the 6° Dubois constantly employed a bold liberty of speech. Compare the Summaria (fol. 30; Kampf, p. 6): “The people of the kingdom of the French, remembering kings who in

the past governed a kingdom of this sort so that it was true that the best men in the world were governors of the people and defenders of the Church, would perhaps say and shout everywhere, ‘“We have a king, not for us, but against us; he seeks not our benefit, but his own, causing our blood to be poured out and our property to be consumed.’’ Perhaps they would say and ask many things which a man of sound mind would not venture to express with the knowledge of your royal majesty.’

61 Job. 10:22.

The Recovery of the Holy Land: Part II 189 same manner as his ancestors were accustomed to provide themselves before they acquired the duchy of Normandy and such other duchies, counties, baronies, and fiefs as they acquired before his accession. [To these should be added feudal levies from such territo-

ries] as he himself has acquired during his reign. Next let him provide himself from fiefs presently [to be] acquired, just as other dukes, counts, and barons would provide themselves if they still

held them. Finally let him call out such as do not owe military service, but in such a manner that he does not appear to be injuring his subjects nor oppressing them by seeking their aid when there

is [no] need. One must fear not only to do evil but even the appearanceofevil-doing. When he is thus amply prepared he can call out for his war the nobles, counts, barons, and any similarly trained men.

131. The lord king ought also to take care that all his subjects owing service of arms appear with the whole troop necessary to discharge the obligation of armed service owed by them; that they be raised in such a way that no one is included in the contingent who owes armed service on his own account or is a substitute for another. By following this procedure and by making adequate use of his high and sovereign authority, the lord king will have with him all, or nearly all, his nobles; he will not seize by means of the levée en masse what he has been accustomed to remit to those owing armed

service; neither will he burden the Church, except in grave need. The Church will not consider itself injured by the act, and Church and people will not cease from their devout prayers, by virtue of which alone, and not by their own strength, chiefs of armies are accustomed to gain victory. 132 [LX XX]. If anyone is eager to condemn this method of raising an army—because in the past the royal ancestors of the lord king were not accustomed to exact armed service in this way—the answer may be found in the admonition of civil law: ‘One ought not to give heed to what is done in Rome, but what ought to be done.’® And again: ‘One should judge not by examples, but by laws.’®® This is in harmony with what that most eminent doctor of philosophy, Master

Siger de Brabant,“ whose pupil I then was, determined on the 82 Corp. jur. civ., Digest 44. 1. 20.

63 T have not been able to locate this quotation, 64 See above, chap. 72, n. 44.

190 The Recovery of the Holy Land: Part IT basis of Aristotle’s Politics: ‘It is far better that the state be ruled by just laws than by upright men.’® There are not, and cannot be, any men so upright that they cannot be corrupted by the passions of wrath, hate, love, fear, or greed, as we are warned [in canon law], causa XI, question 3, chapter [78]: ‘Judgment is corrupted in four ways,’®* and succeeding chapters. The Philosopher agrees with this when he says in the above-mentioned Politics: ‘In the beginning some states were ruled by a king, that is, by the personal will of him who was master in them; but since kings punished their

friends with lighter punishment and their enemies with greater when they transgressed, from this arose seditions and wars. Therefore, to end these evils, men began to judge in a more wholesome manner by laws and statutes, which spare no one.’8? 133. Again, men are today far more covetous and avaricious than formerly, more prudent and cunning in malice.®* The Philosopher says in the Politics, ‘A prudent man, given over to evil, thinks up all manner of evil and does it.’® 134. And again, in the same book, “Enmity is at its worst when it has arms,’”° that is, prudence. And in the Authentica of the Emperor

Justinian, ‘There is no wickedness which a prudent man, given over to evil, cannot devise.’”! Therefore it is advisable to hit upon new remedies against the evil deeds of those who owe armed service

but withhold it, to the grave injury of their chief prince and the greater number of their own vassals. Then this great error, from which so many sins, wrongs, dangers, and acts of injustice have ~ followed, will cease for the future; the contagious blemishes of this error, which grievously infect so many souls, will be wiped out by 65 Compare Politics m1. 16. 1287b 20: ‘The rule of law, it is argued, is preferable to that of any individual.’ It is not clear how far the quotation from Siger continues; possibly it extends further to include the phrase ‘hate, love, fear, or greed’ (Zeck, Der Publizist, p. 120, n. 102). 66 Corp. jur. can., Decret. Gratiani Pars II. can. 78. C. xi. qu. 3 (I, 665). 67 Probably based on Politics ur. 16. 1287a 10-20. 68 Many of Philip the Fair’s favorite ministers were by common report accused of greed. In the trial of Bernard Saisset, bishop of Pamiers, one witness reported that he had heard the accused say, ‘... that those Frenchmen are pleasant when receiving, but evil

when paying out... and that lord Pierre Flotte does nothing except for payment in advance’ (Dupuy, Histoire du différend, ‘Preuves’, p.639). One might quote similar testimony with regard to Nogaret, Marigni, and the others. 69 Not in the Politics, but in Magna Moralia 1. 12. 1188a 8-10.

0 Politics 1. 2. 1253a 32. |

74 During the Middle Ages the Novellae were commonly cited unde tthe term Authentica.

I have not been able to locate this quotation. | ,

The Recovery of the Holy Land: Part II 1QI the agreement of the lord king, the clergy, and people. Some recompense will be made to the oppressed, but not to the oppressors. 135 [LXXXI]. From the withholding of armed service when due

seems to have arisen the need, if need there were, for debasing the coinage of the kingdom, by which everyone in the realm receiving income and rents in coin lost first a fourth of his income, next a third, then a half, and finally two thirds. I, the writer of the present treatise, kept account, and know that every year, as coins progressively decreased in value, I thus lost at least five hundred Tours livres after the debasement of the coinage began.”? All things

considered, I believe that the lord king has lost and will continue to lose by debasing the coinage much more than all the advantages he has gained or could possibly gain in the future. Because of this debasement the price of all commodities has risen so much that prices in general will probably never again be reduced to the old level. As for making restitution to the people for this widespread hardship, those ought to suffer who planned, made, and carried

out such an alteration and debasement of the coinage contrary to common and statute law, and contrary to the customs of the kingdom of the French hitherto approved and preserved inviolate from a time which men now living can no longer remember. It is

well to bring the full truth of this matter to the attention of his royal majesty, since ignorance, though it be crass and thoughtless, would in no wise excuse the fault; for great guilt is on a par with evil intent. Truly, there is great blame in being ignorant of what all know by its nickname, as we are warned by civil law.’ I do not believe

that a man of sound mind could or should believe that the lord king would have so changed and debased his coinage, had he believed that so many great evils would follow.“ Brought up in such 72 Tt would appear from this passage that Dubois was very wealthy. This is not surprising; lawyers engaged in transactions of which Dubois speaks in chapters 56 and 100 above accumulated large fortunes in their day. As an illustration, there is the case of Guillaume du Breuil, who became a millionaire through the practice of his profession. See P. Fournier, ‘Guillaume du Breuil, juriste,’ Histoire littératre, XX XVII (1938), 120-46. 3 Corp. jur. civ., Digest 22. 6. 6. 74 Compare the Summaria (fol. 320; Kampf, pp. 54 f.): “The burden arising from the debasement of the coinage can plainly be seen, estimated, and anticipated from the fact that the revenues of nobles and all others paid in money have not been increased, since where they were accustomed to receive two denarii they [now] get only one. All things needful for food and clothing are almost twice as dear as formerly. These

192 The Recovery of the Holy Land: Part II great luxury and wealth, and always accustomed to it, he cannot fully realize personally the shortcomings and innumerable wants of poverty. He is like those who have lived long without suffering any illness, and are therefore not prone to fear the causes and sources of diseases because they have not tasted the bitterness of illness. We read of many princes who have gained experience by trying

| the manner of life led by men of every station in order to acquire a knowledge of the world and its conditions. It is true, as the Philosopher says, that ‘worldly wisdom,’ which he asserts is the queen of all moral virtues since it embraces them all, ‘we acquire by experience.’”® But it takes a long time [to acquire] experience in human affairs; therefore he concludes that no one of sound mind chooses youths as leaders for the reason that he does not consider them prudent, because they cannot acquire wide experience and knowledge in a short time.”6 136 [LXXXIIT]. Let the lord king, therefore, observe and ponder the attitude of his counsellors toward the exaction of armed service:

how they secretly allow it to be remitted in the case of those who owe it, and through the levée en masse and contributions from the Church exact unnecessarily from others what those who owe armed service should have done. Let him also seek out those who have enriched themselves by such remission; who, although obligated to campaign at their own expense and to return armed service for conditions are aggravated by the fact that those who were accustomed to carry cash out of the kingdom now carry merchandise instead, which they would not do otherwise, therefore holding their goods at a higher price because buyers are many. As is clear in the case of provisions [alone], they sell merchandise enough to supply a large army adequately. Today those who bring any kind of goods from other kingdoms into the kingdom of France take back with them goods in return as if money did not exist; for, as far as other kingdoms are concerned, debased coins are not regarded as money, nor is the kingdom of the French in this respect regarded as having money, except to the extent that it has gold or silver coins unmixed with copper. Furthermore, he who has

an income of three hundred livres to be taken out of the kingdom loses a third of it, since before the alteration of the coinage more gold or silver was received for two hundred

livres than now for three hundred. There are other serious disadvantages for the poor and for the churches of Christ, which are defrauded of their customary alms and gifts because they do not have a small coin; and so all the subjects in the kingdom are discomfited by the debasement of the coinage, excepting only the prince, the bankers,

, and the minters of coins. Therefore the counsellors and authors of this debasement, if they would consider that they are about to die, ought to give thought to how so great, so universal, and so burdensome an injury to the whole people might be avoided.’ This passage was translated by E. Boutaric, La France sous Philippe le Bel (Paris, 1861), p. 325.

75 Nicomachean Ethics vi. 8. 1142a 12. %6 Topics m1. 2. 117a 28-34.

The Recovery of the Holy Land: Part II 193 their fiefs, have campaigned at the expense of their neighbors who

remained at home and of the seigneurs who summoned them to fill out the number of their warriors. After gaining much money in this way and enriching themselves from the chattels of the poor,

they have finally returned to their domiciles. Such men would naturally wish the lord king to assemble a great army frequently.

If the lord king wishes to inquire minutely into the truth of the foregoing, he will find that these practices have been followed. I would not wish to have it known that I had instigated such an

investigation, because I believe if it were found out I could not escape plots against my very life, and many of my friends would be strongly influenced against me.”’ Yet I have wished to set down these matters, following the teaching of the Philosopher, who says that ‘all who profess the truth ought to adhere more closely to the truth than to friendship’ ;?8 and that the principles of a wise man are two:

‘first, not to speak falsely about what he knows; secondly, to be able to expose him who speaks falsely.’7® And in the canon we read,

‘To suffer humiliation for the truth is better than [to gain] advantage by flattery.’®°

It is certain that all who falsify to the detriment of another sin mortally and are children of the devil; they deny God by their deed, as witness the apostle, who maintained that God is denied by | 77 Compare the Summaria (fol. 270; Kampf, pp. 46 f.): “Scarcely anyone will be found by his royal majesty who dares dispute these points with the prelates, who in this matter are one body and one soul. If he should work for the general reform of these conditions they might indirectly bring about his exile from the kingdom to distant parts; or if he remained in the kingdom he would ultimately be wholly bereft of his friends and all

his property. Hitherto everyone of sound mind has hesitated [to act], because when .

they wish to injure such a person they do it not openly but secretly, like Judas, and have in the past harmed such persons both by their own acts and through others. As the malice of men is increasing, they will presumably do this much more in the future. Since this danger exists to a greater degree than words can tell, his royal majesty should by his grace and justice strive to remove it, lest in return for so great a boon to all, through the devil’s machinations because of this great evil, it be counted an offense in those, whoever they may be, who, in the face of so many powerful opponents, shall by so perilous a path have dared with due perseverance to consummate their own and their country’s honor for the exaltation, increase, and convenience of the subjects.’ Dubois said that civic courage was lacking in France (Summaria, fol. 31u; Kampf, p. 53): ‘The vice of disdain for the safety and good of the commonwealth has hitherto increased more in the kingdom of France than in other parts of the world. Would that the Author of all good were willing in our day by His grace and mercy to extirpate this vice, with the approval of his royal majesty and his most experienced counsellors.’ 78 Nicomachean Ethics 1.6. 1096a 15.

9 Sophistict Elencht i. 165a 26-29. , 80 Corp. ur. can., Decret. Gratiant Pars II. can. 81. C. xi. qu. 3 (I, 665).

194. The Recovery of the Holy Land: Part II every evil deed.® All truthtellers, [on the contrary], are called children of God. Since I am a pleader of the lord king’s suits, and — bound to him by oath, I would hold myself guilty of mortal sin if

I kept silence on the truth of the foregoing, to the spiritual and temporal detriment of my lord and his innumerable subjects. For as the Philosopher says, ‘Bravery,’ which is a noble virtue especially befitting princes and knighthood, ‘is the attack on dreadful situations where death threatens, for the common good.’®? And in Holy Writ, ‘While a strong man armed keepeth his court, all those things are in peace which he possesseth.’®?

137. What has been done in the past cannot be undone; as the law says, ‘Cases once decided cannot be reopened even for the sake

of justice.’ However, the lord king should understand and learn from the past; he should adopt a new policy so that the above abuses will not be repeated in the future. He himself, on the advice of the Church and his wisest counsellors, should promise restitution to the clergy and people, and so persuade them to withhold no longer the

supplication of their fervent prayers. He will thereby succeed in placating the Creator’s wrath, since, as we read in the canon, ‘it is [a mark] of good hearts to fear guilt, evenwhere no guilt is found.’® If a prince seeks wisdom for love of his Creator, if he devotes all his energy to rendering timely justice, if he exercises such control over

his judges that suits can be quickly and justly decided, and so mercifully spares his subjects injury, trouble, and expense,*®® he will,

like Solomon, receive all the bounties of this world together with the gift of true wisdom and justice, and the clergy and people will be moved to forgive all the wrongs they have suffered. Such a solution would be highly desirable, since it would be impossible to determine precisely the amount of damage each one has suffered by reason of the abuses catalogued above. I firmly believe that the clergy and people generally would readily consent to an arrangement whereby the lord king would, in behalf of their salvation, devote to the benefit of the Holy Land whatever he has exacted $1 Titus 1:16. 82 Magna Moralia i. 20. 1191a 22~26,. 88 Luke 11:21, inexactly quoted. &4 Based on Corp. jur. civ., Digest 49. 1. 43 Code 7. 52.

85 Corp. jur. can., Decretal. Greg. IX Lib. III. Tit. 46. cap. 2 (II, 651). 86 See above, the closing lines of chap. go.

The Recovery of the Holy Land: Part II 195 from his subjects beyond their obligations, together with the equivalent of all the damage he has caused them by following the advice of others. Their consent might easily be obtained by preaching the Cross with the plenary indulgence of the lord pope.

138. The lord king of England and all other princes, seigneurs, and those who will cross over or send others to the Holy Land, might well seek and effect a similar settlement with all to whom they owe

unsettled debts which are vague or for any reason indefinite. Ac-

cording to the statutes of our faith, a sin is not forgiven unless that is restored which was taken away. If those who are going to fight for the recovery and maintenance of the Holy Land are burdened with the stain of withholding others’ property and are therefore enmeshed in mortal sin, their sins will hamper the good deeds of others.®”

Therefore the truly penitent and confessed above all should expend there for the benefit of their creditors what they would for any reason be required to restore. In this way everyone would obtain the indulgence, the efforts and fighting of all would be effective, and the ‘old enemy would be driven far off. He it is who holds the records of

such stains, and hinders and delays their blotting out as well as he can lest souls escape his snares. I firmly believe that each and every one who listens to the preaching of the papal indulgence will forgive the lord king his whole claim. If there should be any who would imitate Pharaoh’s hardness of

heart and refuse to relinquish their claims on the ground that they were entitled to greater relief, let the local royal justiciary, present

for this purpose with another especially appointed for the task, record the names of the claimants, their demands, and the reasons therefor so that restitution can be made to them as far as is equitable 87 Compare the well-known passage in Joinville: ‘On the Friday I said to them: ‘‘Lords, I am going oversea, and I know not whether I shall ever return. Now come forward; if I have done you any wrong, I will make it good, as I have been used to do, dealing, each in turn, with such as have any claim to make against me, or my people.”’ So I dealt with each, according to the opinions of the men on my lands; and in order that I might not weigh upon their debate, I retired from the council, and agreed, without objection raised, to what they recommended’ (Memoirs of the Crusades, trans. Marzials [London, 1908], p. 164). In 1247 LouisIX made a sort of self-examination of his administration and organized commissions of inquiry, which he charged with the duty of traveling over the whole of France to gather information of any injustices committed by him, either in person or through his agents. The records of these commissioners are published in Recueil des historiens des Gaules, XXIV. Compare chap. 3 above.

196 The Recovery of the Holy Land: Part II and just. No one ought to be forced to yield his claim for the pur-

pose of bringing aid to the Holy Land. | 1399 [LXXXITT]. The soldiery of the kingdom of the French has

hitherto been, and presumably will continue to be, the chief and most consistent factor in the recovery and maintenance of the Holy Land. These troops would scarcely remain there if—which God forbid !—the lord king should die there, as St. Louis did, or if he should be removed to the Lord while on the march, or return home for some reason. Therefore I have thought that it would probably be desirable that the lord king and his first-born son remain at home to have leisure for administering the kingdom, for begetting, rearing, and training their children, and for providing the annual reinforcements to be sent across the sea as need may arise. Because of the conquests referred to earlier and their many other administrative duties, it would be well that the lord king and his son remain long in their kingdom and die there rather than in a foreign land. They

ought also to beget their children in the neighborhood of Paris so they may be born and reared there, because that locality is known to be under a more favorable conjunction of heavenly bodies than any other place. For this reason, as has been observed in the past,

men conceived and born there are better constituted, appointed, and endowed than those of any other district.®®

140. It would also be a good plan, when there was need, for the king to conduct his campaign by directing the army through the person of another brother or a younger son in order to avoid the chance of shortening his life, in view of the events and causes which hastened the deaths of his three most recent progenitors.®® Such a 88 Compare the Summaria (fol. 6; Kampf, pp. 11 f.): ‘It would be well that the whole world were subject to the kingdom of the French as long as its king is begotten, born,

brought up, and trained in that kingdom. This [is justified] by the better appearance and influence of the stars which we have noticed the said kingdom enjoys and [which we] have learned by experience it enjoys in higher degree than other regions and kingdoms. For the integrity and customs of the sons whom the French beget in foreign lands are vitiated, and have customarily been vitiated, at least to the third or fourth generation, as has happened in times past in the persons of princes who have left the kingdom of the French for foreign parts. Indeed, the French employ the true judgment of reason far more surely than any other nations; they are not too readily influenced, and they rarely or never oppose sound reason, [a quality] which we do not see in others.” Compare chap. rri, n. 5.

of Aragon.

; 8° Louis VIII died of dysentery in 1226 while returning from a crusade against the

Albigensians; Louis IX died of the plague in 1270 while blockaded in his camp in Tunis; Philip III succumbed to a pestilential fever in 1285 during a campaign against Pedro III

The Recovery of the Holy Land: Part IT 197 great prince ought not to expose himself to the perils of chance and fortune. He cannot campaign in person without a very great body

of warriors, nor can he maneuver his army as speedily as others who sometimes work both night and day. Then in the Holy Land we have neither towns, strongholds, nor other places prepared where

they could withstand the burning rays of the sun, Mars, and other stars, and be protected against the inclement atmosphere, which would be very unfavorable for them. 141. Someone might object, “In this way you are hindering the progress of the Holy Land.’ To this I reply that it is not a hindrance, since the lord king will be able and will be required to send a great army with his brothers and his second son, just as though he himself were to go. He can designate a succession of several leaders for his army, so that if one succumbs, 1s wounded, or is otherwise incapaci-

tated, another may at once be called up whom all would obey as though he were the king in person. ‘There would be no apparent risk if the king of England or other kings should go thither, especially

the old kings who have mostly finished begetting children. If the lord king [of the French] remains at home, he can furnish the promised contingents of warriors, both infantry and knights, as well as arms, according to the requirements estimated by the leaders of his army. The lord king, begotten in the delightful environment of an

exquisite palace and nourished in a temperate atmosphere, could scarcely endure the rigors of a campaign in a land so intemperate and subjected without adequate protection to the almost direct rays of the sun and other heavenly bodies. I do not recall having read that any prince campaigned long in foreign or distant lands, except

Charlemagne, who campaigned in person a hundred years and more,® and has no counterpart. After acquiring skill in fighting through long experience, he made more progress in his twelve years

as Roman emperor than he had in the forty years previous, as his deeds in ultramontane regions bear witness. 142. Let the lord king thus privately review and anticipate the past, present, and future condition of his kingdom, and what path he wishes to choose from all those helpful for his expedition to the Holy Land and for his kingdom in accordance with the plan here outlined. 90 In the Song of Roland (trans. O’Hagan, xli-xliii), King Marsile credits Charlemagne with the age of two hundred years at the time of Roncesvalles.

198 The Recovery of the Holy Land: Part IT This plan should be perfected or modified by his prudence and the wisest counsel of his seigneurs. Let him take the opportunity happily

| offered by the aforesaid plan to strive for a firm and lasting peace in the whole commonwealth of Christians, either in the manner suggested or in some other and better way. Let him, with the approval of the pope and that of all the princes, mercifully contrive that the good will and power of the whole commonwealth of Catholics obedient to the lord pope be directed toward the happy recovery and

maintenance of the Holy Land and the empire of Constantinople, [and be] so ordained that under the leadership of the Lord of all

armies the desired goal may speedily be attained. |

Appendix’ THE OPINION of one urging the king of France to acquire the kingdom of Jerusalem and Cyprus for the second of his sons, and on the invasion of the kingdom of Egypt.? 1. As the apostle says, ‘Every act of Christ ought to be for our instruction, and all things whatsoever which were written, were written for our learning.’? In the first book of Kings we read that when the people of Israel, beloved of God above all others, demanded of Him that He give them a king, God Himself gave them Saul to be their king, who towered head and shoulders above all the people. God knew that he would not be obedient to Him and that for this reason his dominion would not last. God seems to have been moved to choose him in order to give us an allegorical illustration for our guidance, namely, that when a king is to be chosen, we, who are ignorant of future events among men, having in mind outstanding excellence and piously presuming latent good qualities, might select and nominate a similar individual for the great kingdom of Babylon and Egypt, which is called the kingdom of the Assyrians, leaving

the rest to the disposition of the Creator, who knows all things from eternity. Sucha person is lord Philip, second-born son of the illustrious prince lord king of the French. It would be unfortunate if he were not called to one of the greater honors of this world. Since it is written in the canon, ‘Let no man take the honor to himself, but he that is called by God, as Aaron was,”4 a certain lover of the safety of the whole commonwealth of Christians has considered that the above virtues of this world, and many others, ought to be put to use, for they are extremely helpful and by nature feasible. He has put the commonwealth before his own safety and profit, as will appear from his many writings. After pondering these matters and turning them over in his mind, he has wished briefly to set forth his ideas because of his solicitude for the said lord king. Avoiding prolixity, he has wished for the present to write briefly and to prove most conclusively against any opponents

that the lord king can easily honor and enrich his noble second son above all living men without injury to anyone, and yet avoid mortal sin, as he ought to in all his activities. 2. Itis well known that the kingdom of Acre has long since been vacant, 1 This brief memoir, the style of which clearly suggests the hand of Dubois, is a veritable postscript added to the De recuperatione shortly after that treatise was composed. This

‘postscript’ was first published with certain omissions by E. Baluze, Vitae paparum Avenionensium (2 vols.; Paris, 1693), II, 186-95. It is found complete in the new edition of Baluze by G. Mollat (Paris, 1924-32), ITI, 154-62. 2 This rubric appears in the manuscript, but it was added in a fifteenth-century hand and is therefore not contemporaneous with the text. 3 A garbled combination of Rom. 15:4 with II Tim. 3:16. * Corp. jur. can., Decretal. Greg. IX Lib. I. Tit. 6. cap. 17 (II, 58). Compare Heb. 5:4.

200 Appendix the count d’Eu® having the expectancy. This count and his ancestors have now for a long time neglected to govern this kingdom, and for that reason may be said to have forfeited the right to its revenues. But to avoid any suspicion of evil, the king might ask of the count, who will not deny him, that he cede to the king’s son whatever right he has, if he has any, which is unbelievable. When it has been ceded, the king may have his son anointed and crowned king by the pope. The kingship of Acre, Babylon, Egypt, and the Assyrians may be secretly ceded to him unless the sultan is willing peaceably to restore and cede the Holy Land to the Roman Church and those having jurisdiction over its inhabitants, together with the value of the revenues and produce which he has unjustly

exacted from it.

When these arrangements have been made, or when it appears probable that they will be made, the lord king should seek and contrive to have a general council of Catholic princes and prelates assembled to provide for, decide upon, and carry into effect all measures necessary and helpful for the recovery, maintenance, and good government of the Holy Land. [These measures should be adopted] not only as set forth in the letter to the pope® which was delivered to the lord king at Chinon during the recently celebrated Feast of the Lord’s Ascension, but in an incomparably better way, as the lord king on the advice of wise and experienced men shall see fit to ordain. 3. In addition to the suggestions contained in the letter referred to, it seems expedient, in view of the claim which the king of Sicily has to the

, kingdom of Jerusalem by virtue of the purchase of the rights of princess Marie of Jerusalem,’ to arrange that an ample indemnity be awarded

him by the council for his claim and expenses. [Such an indemnity would

be proper] because, so it is said, the barons of the kingdom held that

the king of Cyprus. |

a sale of this sort was invalid and that the right to the kingdom belongs to

For the common good of the whole world it is also advisable to unite into one order the Hospitalers and other orders founded for the benefit of the Holy Land, except the Templars. All the possessions of the latter

order found in the Holy Land, or at least those in Cyprus, should be granted to the highest bidder in return for a perpetual rent. The king | of Cyprus should be induced to join the proposed order and turn over to it all his property, especially his claim—if he has any—to the kingdom 5 Raoul of Brienne, count d’Eu and high constable of France, who was killed in a tournament in 1345, had no right to the crown of Jerusalem nor to that of Cyprus. By a series of fantastic claims he would have been able to point to a distant relationship to Marie de Lusignan, sister of Henry I and wife of Walter, count of Brienne and of Jaffa, and nephew of John of Brienne, titular king of Jerusalem (Delaville le Roulx, I, 54, n. 1). * Judging from the summary in the present Appendix, this letter, now lost, was a revised version of the De recuperatione, addressed to the pope in the same manner as the De recuperatione had been addressed to the king of England.

? Charles I of Anjou, father of the king of Sicily here referred to (Charles II), had

purchased the rights of Marie of Antioch, niece of Hugh III, to the throne of Jerusalem. __

Appendix 201 of Jerusalem. A royal military order should be substituted for the said orders and the king of Cyprus placed in command, as provided in the

letter referred to; after him the succession should go to any other

Catholic king of Jerusalem belonging to the order. Such a king of the order, at the discretion of the pope and the king of the French, should be required to employ all his forces to aid the kings of Babylon, Acre, and other Catholic kings against all infidels and schismatics. He should also be required to give an account each year of the several funds remaining, that is, for any surplus beyond the expenses of the royal order, so that the brethren of the order who—like the mad Judas—have purses, may

not burden the order nor, to the detriment of the commonwealth of Christians and the said kings, appropriate the property dedicated to the safeguarding of the commonwealth.®

4. Property which is said to belong to the Templars, namely, their present movable goods and their income and dues for the ensuing five or six years, might very well be devoted to the aid of the new order. With a hundred or more galleys and a suitable complement of warriors it would harass the sultan by guarding the sea; it would so harass and impoverish the land nearest the sea, which is said to extend for thirty days’ journey, that the sultan and his men could not resist the general expedition which is coming. Meanwhile, since they would be without the help of the sea and the goods they are accustomed to receive by water, with the Lord’s

help they could easily be overcome and conquered. Prudent and ex- :

perienced knights born in those parts, who profess to be acquainted with Babylon and Egypt and its inhabitants, and to have carefully considered such a plan, say it would be possible.

5. With the advice of the council, it would be well to destroy the Templar Order completely. The ends of justice would be served by dissolving it entirely and devoting its property to the general expedition, as mentioned above.® 6. It may seem to be a difficult matter to make a permanent arrange8 Like most of the ideas set forth by Dubois, this project of a union of the military religious orders did not originate with him. It had been suggested by St. Louis and had been submitted by Pope Gregory X to the Council of Lyons in 1274, where it was abandoned because of the objections of the Spanish kings. When Acre fell in 1291, the project was revived. Charles II of Anjou (d. 1309) at that time proposed a detailed plan involv-

ing the union of the orders, the organization of a combined fleet, and an army for a commercial war on Egypt. This permanent force was to be supported by tithes and alms from all Christendom (Delaville le Roulx, I, 17 f.). ® The Templar Order was formally dissolved by the bull Vox in excelso, March 22, 1312. By another, Ad providam, May 2, the Templar property was granted to the Hospitalers, but Philip and his immediate successors managed to retain the lion’s share of it (Holtzmann, Wilhelm von Nogaret, p. 209). In 1317 Philip V formally transferred title to the

Hospitalers, but it was agreed that the revenues collected from the Templar property during the preceding ten years should remain with the crown. The movable property of the Templars was retained by the king to satisfy debts which he claimed the Templars owed him (J. R. Strayer and C. Taylor, Studies in Early French Taxation [Cambridge, Mass., 1939], p. 10, n. 12).

202 Appendix ment about landed possessions of this sort after the expedition, and [still] avoid quarrels and contentions among local princes. For the present it would appear advisable, after determining the value of such districts, to grant them as a perpetual lease. The rents from these holdings should be deposited in specified places: When an emergency threatens the kings

of Jerusalem, Egypt, Acre, or other Catholic eastern kings devotedly obedient to the Roman Church, suitable warriors should be chosen in every kingdom, province, or district. From the above funds they should be supplied with good weapons, transportation in accordance with their rank, and like uniforms for the five hundred men under one centurion. They may then be sent rejoicing with trumpets and suitable accoutrements to the Holy Land or other transmarine districts, with funds sufficient for their journey. The property of warriors who die on the march or on an armed expedition should be entirely devoted to the survivors so it can still be turned to the use of the expedition.’ By this plan the eastern kings, if they are at peace for many years, will accumulate great treasures on this side of the sea, in Cyprus, and in the Land of Promise. If an emergency should arise they will then suffer no lack of funds; on the contrary, from every district where the Templars held property they will obtain the reinforcement of a great multitude of brave warriors and an abundance of arms. Let it also be agreed that the kings now newly to be set up will aid one another with a specified number of warriors and share each other’s fleets; that in those places along the coast where excellent timber may be had for next to nothing they will provide for the building of galleys and cargo boats by which iron and other products abundant in the north, but rare and expensive in the south, may be brought thither, as well as weapons not readily and easily procured there, and other things conducive to living and fighting efficiently. Those vessels will carry warriors; in time of peace, lest they remain idle, they will carry back aromatic spices and other commodities __

useful to us.

7. Should anyone contend that it will be too difficult to attack Babylon and Egypt, prudent and experienced men will answer no, since the men

born in that land are so inept with arms that they are reputed to be without courage. Only by sea is there easy access for an army. Egypt, which in length is about twenty days’ journey, has a width along the Nile of four leagues, more in some places. It 1s surrounded by uninhabitable deserts which cannot be crossed except toward the Land of Promise, and then with great difficulty and danger, because in six days’ journey

no sustenance can be found there except water. It is therefore best to invade that country by sea with an adequate army after first directing a larger army toward Acre, so that the land of Babylonia and Egypt can quickly be captured when denuded of warriors. Once captured, it would .

11 Compare chap. 67 above. :

10 Compare chaps. 16 and 107 above.

Appendix 203 be of greater value to the lord [king] than his kingdom of France, since all the rural inhabitants are slaves and the land is very fertile. 8. The lord king need not hesitate to order the invasion of this country for fear of never seeing his son again. That son could return to his father-

land, leaving the leader of the army there, since that land would be very easy to defend, especially after the Land of Promise has been subjugated and taken over by Catholics. g. If the observance of perpetual peace were agreed upon as suggested

in the letter referred to, it would be quite proper for the lord king to remain in his kingdom, even though he had taken the Cross. He could send thither his brother, lord Louis,” as a substitute, together with a great army and his aforementioned son.* This course would clearly be justified

for many reasons. The lord king, married [again] as soon as possible, should have leisure for the begetting, rearing, and training of children. He should remain in his kingdom) to administer it, like the king of the land of the Tatars, who never left his country but appointed a king of the army, giving him lands to occupy. In this way the lord king could provide his brother and his son with warriors to be sent periodically as they found it necessary. Because of the danger of death, disease, and confusion in the administration of his kingdom, it is considered more advantageous and safer for the king to send than to go in person. In his case it is much more necessary to remain at home. According to the Philosopher, ‘we acquire prudence

in this world through experience in affairs, and experience requires a long time.”!6 Therefore it would be dangerous for the kingdom of France or any other to be governed by a youth. This agrees with another saying of the same Philosopher: ‘No one chooses youths as leaders because

he does not consider them prudent.’ [Royal] parents who love their young sons ought to strive to prolong their own lives lest they leave to young lads the hazardous task of governing. As soon as he has time, the lord king ought to see the letter referred to,

and order it to be corrected, altered, and perfected by one or more theologians of superior or outstanding knowledge who do not aspire to prelacies; for concupiscence, so the canon of Augustine bears witness, perverts and corrupts the judgment of reason.!® If the suggestions contained in that letter are carried out, it will be clearly evident that the foregoing proposals can quickly and easily be put into effect and that they ought to be lasting; that the lord king can in this way readily make provision for the Holy Land at small outlay and cost; that the provision 12 Louis of Evreux, third son of Philip III. 18 Philip, who became Philip V (1316-22). M4 Philip the Fair became a widower on the death of Jeanne of Navarre, April 2, 1305.

15 Compare this whole chapter with chaps. 119 and 140 of the De recuperatione.

16 Nicomachean Ethics vi. 8. 1142a 13-16. W Topics Wl. 2. 1174 28-34.

18 Corp. jur. can., Decret. Gratiani Pars IT. can. 79. C. xi. qu. 3 (I, 665).

204 _ Appendix | thus made will, with the Lord’s favor, last forever; and that it will for the future be of more help to all mankind, both spiritually and temporally,

for living in peace and harmony than all we have read of as done or imagined since the world began. The memory of that prince, the instiga-

faithful forever. ,

tor and promoter of so vast a project, will endure in the prayers of the

10. It can readily be seen by anyone giving consideration to probable future events that the said disposal of property granted to the Templars for a purpose not pursued [is justified because] it is a donation which ought to be revoked. Such donation should not revert to secular uses but should unhesitatingly be applied to the original purpose. This will be of benefit to the prelates and the whole people by way of recompense for the expenses they have incurred in carrying out the project of abolishing the order and punishing its members. An examination of the tithes, alms, and the usual assessment for the crusading vow shows that the project for aiding the Holy Land will then have means for paying the salaries or pledges due the necessary warriors. Catholic princes from distant countries will not need to journey thither and thereby neglect the administration of their lands and shorten their lives, as the histories relate , has often happened. The kingdom of France in particular incurred vast expense on such expeditions, which accomplished little because their

, partial conquests did not last. The funds accumulated from time to time

for the Holy Land under the proposed plan will be of benefit to local |

| princes. If they should be short of money when a war suddenly breaks

out, they can draw on the funds already collected, being careful to make repayment when asked. The sending of warriors will, without expense to their neighbors, relieve areas of young men who might not have the wherewithal to lead an honest life in the land of their birth. By the method proposed the whole Egyptian people will easily be con-

verted to the Catholic faith and be raised from slavery to freedom. Through the energy and foresight of Joseph, who gathered in grain during the seven good years, Pharaoh was able by means of the stored up

grain to put fathers and sons on an equal footing, and then reduced them to slavery. For this reason the people receive only meager food and clothing from the ample products of that highly fertile land. Those who have been there say that the sultan receives from the people each year more than six hundred thousand gold bezants, each one worth six florins.!®

When the Land of Promise has been seized by Catholics and is being

adequately governed, Egypt can obviously be guarded by a few men and at moderate cost in the absence of its lord, since the enemy would be able to enter the land only by sea near Babylon because of the impreg-

_ nable castles in the desert. As pointed out in the letter, when peace has 19 The bezant was a gold coin minted by the emperors at Constantinople, worth about $3.02. The florin was originally minted at Florence of 54 grains fine gold; it was soon widely imitated in other countries.

Appendix 205 been established among Catholic princes, and aid and timely succor has been mutually promised under adequate guarantees, no one would dare to make war on any of them; if he did, he would be surrounded and put to confusion by the many large contingents near at hand. The king of Egypt would have the assistance of the royal order and other princes; a multitude of hardy warriors would stream to him to acquire wealth, since with no wars at home they would be lying idle in their native land, unable to live honestly without poverty. With God’s help he could bring under his control all eastern peoples, even those living beyond

the Mediterranean sea to the west, and attract them to the Christian faith. The foundation for scholars, mentioned in the aforesaid letter, would be of great help in this. Because of the good influence of celestial harmony, those who were con-

ceived, born, and nourished in the kingdom of the French, especially in the neighborhood of Paris, by nature far surpass in manners, strength of character, bravery, and beauty those born in other lands. This has been proved in the way of nature by experience, the supreme mistress of things. Therefore the [king’s] son referred to above, who is by nature endowed beyond all others, should remain in France continuously so that before he passed away he would leave many sons to be brought up and trained there; and before they passed away they would do likewise. In this way all the kings of Egypt, Acre, and the emperors of Constantinople—if successors to [the present] emperor, as would be desirable— would be conceived, born, nourished, and educated inFrance. They would

have a permanent share in the excellent environment of the king of France and the beauty and bravery of the local inhabitants; they would always love its king, its chief prince, his children, and the whole race— barons and people; and they would to the best of their ability see to it that the whole kingdom was provided with precious oriental goods. And so the said son might return to the lord his father, incurring no further risk, and a grandson would succeed to his father’s place in the army.

The oriental people would therefore always behold their ruler in the flower of youth and natural beauty; they would above all else desire to see him, and would fear him when they saw the resplendent youth campaigning bravely as a full-grown man. 11. If anyone says, ‘Perhaps the king of Cyprus will refuse to carry out the above proposals,’ it may be answered that this is highly improbable.

Since he has neither wife nor child, he is already like a monk in his home and is accustomed to lead a life of contemplation. His brother, the prospective successor if he dies intestate, has robbed him and plundered the treasure amassed by that king for the recovery of the Holy Land.”° He has continually striven to invade that kingdom and snatch it 20 The king of Cyprus referred to is Henry II (1286-1324), who was also titular king of Jerusalem. His brother, Amaury of Lusignan, was titular prince of Tyre. In 1306 Amaury rebelled against Henry II and was proclaimed governor of Cyprus by the barons (Hill, A History of Cyprus, II, 193-260).

206 Appendix away, thereby committing a felony and making himself ineligible to the succession. He has frequently plotted the death of that king and tried to procure his assassination. Therefore it would be well that this same

king of Cyprus be speedily and secretly approached in behalf of the lord pope by some wise person, together with the agent whom that king has at the Roman curia, namely the knight Bomundus, called Bonin. And so that everything may be done with common consent and dispute be entirely avoided, after he has entered the order and renounced his kingdom, it would be well to grant the king’s brother a good county in the Land of Promise or elsewhere, so he will keep quiet. If the king of

| Cyprus should refuse to go through with this, the lord king of Sicily could exercise his right or transfer it to another. Or the count of Brienne could follow up the right he is said to have in the kingdom of Cyprus, if it still exists, as it probably does in the memory of men since the time

when that count would have had the kingdom of Cyprus if he could have gone thither. After the conquest of the kingdom of Jerusalem by its king and other Catholics, God willing, and with the help of the king of Sicily, the latter king, in addition to the price paid for the kingdom of Jerusalem, could be promised the kingdom of Tunis, which lies so close to Sicily that one of those countries must, it would seem, be conquered by the other. After the revelation of the major apostasy and hypocrisy of the Tem-

plars, which has been manifest since the foundation of the order,?? it would be in the highest degree an honorable deed, and of permanent advantage for the usefulness, standing, and honor of the kingdom of

, France and of its king—who would thereby prove himself by his deeds to be the Church’s most Christian foundation—to bring about duly and canonically the disclosure of the heretical depravity of Pope Boniface. His successor could scarcely properly pronounce and declare that very Boniface to have been a heretic, except in a general council and with

, its advice and consent. It appears that such action could not legally be

taken in any other way; hence it would seem expedient that a council be convoked for this purpose.?® In the meantime it would be well to arrange for witnesses and articles of complaint to be proven, so that when

everything is thus made ready the matter may quickly be brought to a conclusion ; and so such iniquity would be perpetually feared by all, and #1 The following paragraphs were omitted by Langlois in his edition of the ‘postscript’ (De recuperatione, pp. 131-40); all but the final paragraph were omitted by Baluze in his original edition (Vitae pap. Aven., II, 186-95). When Mollat published his new edition of Baluze, he consulted the MS Latin 10919 which Baluze had cited, and included (III, 154-62) the missing paragraphs translated herewith. 22 ‘The text reads ab origine mondi. This is meaningless in the context, unless Dubois means to imply that the Templar Order existed in Old Testament times. I have therefore trans-

lated the phrase as above. , #3 The case against Boniface (d. 1303), which had been used all along as Philip’s means of bringing pressure to bear on Clement V in the matter of the Templar Order, was dropped

before the Council of Vienne assembled in 1311. |

Appendix 207 the instigator of the destruction of heretics would be praised by everyone, and he might the more easily obtain his requests, whatever they were.™4 It is reported that while four monks were caring for the said Boniface

as he was laboring in the throes of death, one of them, in the hearing of the others, said to him, ‘Holy Father, commend thy soul into the hands of the blessed Virgin Mary.’ He replied, ‘Keep silent, thou wretch;

_ we place no credence in that she-ass nor in her foal.’ It is also reported that he received fifty thousand florins for keeping quiet about the Templars’ error, of which he was aware.”® Therefore, before the Templars shall die, it would be well that they were brought forward and examined as eyewitnesses lest the opportunity for proof perish with them who have knowledge of these and other matters.’ And because the pope [Clement V] is proposing to withdraw from the lord king, may it please that same lord king promptly to acquaint himself with the facts here set forth, so that, if he should see fit, he might have a colloquy and consultation on these matters with the pope, both in private and in public, in accordance with the word of our Lord Jesus, who said, ‘Walk whilst you have the light.’?8 #4 What were these requests? It is quite probable that they concerned the dissolution of the Templar Order. 25 This is doubtless one of the many calumnies by which the enemies of Boniface sought to blacken his character after his death. 26 There may be some color of truth to this charge. A modern Roman Catholic account speaks of him as being ‘a lover of magnificence and money’ (Curley, Conflict between Boniface and Philip, p. 69).

27 In October, 1307, the Templars in France, including the grand master, Jacques de Molay, were suddenly arrested; ‘confessions’ were wrung from them under torture (Holtzmann, Wilhelm von Nogaret. pp, 147 ff). 28 John 12:35.

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I. THE WRITINGS OF PIERRE DUBOIS [1300] Summaria brevis et compendiosa doctrina felicis expedicionis et abrevia-

clonis guerrarum ac litium regni Francorum. ,

From the Cod. Lat. No. 6222C, fols. 1-34, in the Bibliothéque nationale. Edited by Hellmut Kampf. Leipzig and Berlin: Teubner, 1936. ‘Quellen

zur Geistesgeschichte des Mittelalters und der Renaissance,’ ed. W. Goetz, Vol. IV.

Summary: The first part deals with the art of war, to which the author’s attention was attracted by the disastrous expedition of Philip III against Aragon in 1285. After suggesting improved war tactics, he points out the advantages of his new method to the king and people of France. By following the precedent of Charlemagne the king might make himself master of Italy, assume the temporal power now wielded

by the pope, and then go on to make himself master of Germany, eastern Europe, and the Greek Empire. The second and longer part is devoted to a discussion of various reforms. Ecclesiastical infringements on civil jurisdiction should be halted ; specific suggestions are made for accomplishing this. Consider-

able space is devoted to improved and shorter methods of court procedure. These reforms may readily be effected by royal decree, models for which are included. Ecclesiastics are scolded for their hypocrisy; their lives are in sharp contrast to their moral preaching. If the king will only enforce the suggested reforms, the French people will enjoy peace and prosperity. [1302] Raciones inconvinerbiles. Lost.

Known only through a brief summary in chapter 111 of the De recuperatione. Written at Paris ‘on the Sabbath day preceding the Sunday of the publication of the papal iniquity [the bull Ausculta fil],”} and entrusted to Richard Leneveu, bishop of Béziers, for transmission to the king. Summary: The Supreme Judge, because of the wickedness and ava-

rice of the Romans, will withdraw the papacy from them and grant it to a man of high character who will not emulate his predecessor

(Boniface VIII) by snatching at others’ liberties. For similar

disobedience to divine precepts King Saul was punished by the loss of his kingdom. 1 The bull Ausculta filt was dated December 5, 1301, but did not reach France for formal publication there until 1302. Its bearer, the archdeacon of Narbonne, sought to present it formally to Philip IV on February 10, but was interrupted. From this chronology of events it seems fair to assign the composition of the tract to 1302.

212 Works Cited [1302] Deliberatio Magistri Petri de Bosco... super agendis ab excellentisstmo principe & domino, domino Philippo, Dei gratia Francorum rege, contra epistolam papae Romani, inter caetera continentem haec verba: Scire te volumus.

From the MS Lat. 109109, folios 4v to 67, in the Bibliothéque nationale. Edited by P. Dupuy, Histoire du différend d’entre le pape Boniface VII et Philippes [sic] le Bel, roy de France (Paris 1655), ‘Preuves’, pp. 44-47.

This is the only one of Dubois’ treatises which bears his name. Summary: For promulgating such a bull Boniface should himself be _ regarded as a heretic unless he publicly disavows it and makes amends to the king whom he has sought to injure. Contrary to the precepts of

Scripture, he would make himself master of the king, who was and is subject to no one and who rules his kingdom without fear of human criticism. For a thousand years the French king has enjoyed supreme authority in matters temporal, a right based on the gift to his ancestor, Charlemagne, by Pope Hadrian. It would be well for the popes to be poor men, as they once were, that they might enter heaven through their poverty, and not follow others into the sins of pride, self-exaltation, concupiscence, and robbery. ‘By their fruits shall ye know them.’ Not only evil but the appearance of evil should be shunned, especially by the pope, who is the head of the Church.

le VII. In French. |

[1304] La Supplication du pueuble de France au Roy, contre le Pape Boniface

From the MS Lat. 10919, fols 1147 to 118z, in the Bibliothéque nationale. Edited by Dupuy, Histoire du différend, ‘Preuves’, pp. 214-19. _ One of two known specimens of Dubois’ style in the vernacular. ? Summary: The French people beg the king to guard his sovereignty. Boniface erred in claiming sovereignty over the king; he, not the king, © is the heretic, since he refused to obey God’s law. The sons of Adam were lords for three thousand years before the first priest, Melchizedek.

God made Moses ruler of Israel; Aaron was his high priest. When Moses died, his sovereign power went not to his brother Aaron, the priest, but to Joshua. When the Israelites desired a king, Samuel did not name a priest but chose Saul. Later God gave them David, not asa priest but as a king. In Jerusalem kings exercised temporal sovereignty, priests took care of spiritual matters. Jesus was high priest, but had no

temporal possessions. St. Peter and his successors, up to the time of

Boniface, claimed no temporal authority except that granted by Constantine to the Church. Jesus told His disciples to preach to all men; Boniface, lacking languages, did not preach to a hundredth part of mankind. Had the apostles taken the position of Boniface, they would 2 There is needless confusion about the date of this tract. Langlois, in his Introduction to the De recuperatione, p. ix, assigns it to the year 1302, but in a note on p. 49 he dates it correctly. Powicke (‘Pierre Dubois,’ Historical Essays, p. 191) also gives the year as 1302. The tract twice refers to Boniface VIII as having died. His death occurred on October

12, 1303; hence the tract must have been written later, probably in 1304.

Works Cited 213 not have converted a single prince, for all would have feared to lose their sovereignty. Boniface notoriously denied God, and in this state he died unrepentant. It is the king’s duty to see that Boniface is tried and judged to have been a heretic and that he is punished in whatever manner is possible after his death. Thus the king will keep his coronation oath. [1304] Super abreviatione guerrarum et hujusmodt provisionibus. Lost.

Apparently a revision of the Summaria. Analyzed briefly in the De recuperatione, chap. 117. Some scholars have held that the analysis refers to the Summaria. For the contrary opinion, see p. 176, n. 26. Summary: Suggestions for the tactics to be followed by Charles of Valois in making an attack on the Greek Empire, with a discussion of

the importance of a knowledge of languages in perfecting such a conquest. [1306] De recuperatione Terre Sancte. From the MS Reg. Lat. 1642, fols 1-41, in the Vatican Library. Edited by C. V. Langlois. Paris: Picard, 1891. ‘Collection de textes pour servir a Pétude et a l’enseignement de Vhistoire.’ This treatise is the subject of the present volume. [1308] [Remontrance du peuple de France.| In French. From the MS Lat. 10919, fols. 1067 to 108z, in the Bibliothéque nationale. Edited by Boutaric in Notices et extraits des manuscrits de la Bibliotheque nationale et autres bibliothéques, XX (1862), Part II, 175-79, Document No. XXVII; also by G. Lizerand, Le Dossier de Vaffaire des Templiers (Paris, 1923), pp. 84-95, with a translation into modern French.

The tract is without title in the manuscript. Boutaric gave it the misleading title De facto Templariorum; Lizerand, on better grounds, gave it the title listed above. Summary: The French people beg their king to call the pope’s attention to the grave scandal caused by his failure to proceed vigorously against the Templars. Furthermore, the pope (Clement V), passing

over more worthy candidates, has been elevating his relatives to prelacies. Our Lord commanded that justice be done without respect of persons; to do otherwise is mortal sin. The point is illustrated by a hypothetical case of unwise favoritism in the choice of a war leader; the clergy are the Lord’s war leaders. The pope, by his nepotism, is guilty |

of lese majesty toward God. Let us return to the election of bishops by their chapter clergy; if they make a bad choice the pope may refuse consecration. The pope should comply with the request of a people so devoted and obedient. Let the king warn the pope to use his vast powers circumspectly. [1308] [De facto Templariorum. | From the MS Lat. 10919, fols. 108v to 1097, in the Bibliothéque nationale.

Edited by Boutaric in Notices et extraits, XX (1862), Part II, 180 f,, Document No. XXVIII; also by Lizerand, Dossier, pp. 96-101, with a French translation.

214 Works Cited The title appears in the manuscript, but in another ink and another hand. Lizerand entitled it Populi Franciae ad regem supplicatio.®

Summary: A difference has arisen between the king and the pope in the matter of punishing the Templars. Certain laws have been cited in support of the papal position, but these laws apply only to those who

with some show of reason are separated from the Roman Church, such as the Greeks, and not to manifest heretics. Moses followed the proper procedure when, without the consent of the high priest Aaron, he put to death twenty-two thousand for worshiping the golden calf. The king should follow his example. The Templars are all homicides, ~ guilty of consorting with apostates and assassins; by apostolic example all should be punished so that the punishment of one may rouse fear in others. Moses was a lawgiver, not a priest, for a priest would not have put the people to death. The Lord forbade David to build the temple, because he was a man of blood. One should not listen to those who pervert Scripture for their argument; one should rather apply to the most Christian king the beatitude, “Blessed are they that keep judgment ©

and do justice at all times’ (Ps. 105:3).

[1308] [A revised version of the De recuperatione.| Lost. | It was addressed to the pope and forwarded to Philip [IV during his

stay at Chinon. Dubois referred to it briefly in chapters 2 and g in the document translated as an Appendix in the present volume, and

also in the Pro facto Terre Sancte.

Summary: Repeats the suggestions in the De recuperatione for the

recovery and maintenance of the Holy Land, the establishment of peace among Christians, and the foundation of schools for the training of prospective colonists. The only new point is the recommendation for the unification of the military orders under the headship of the king of

Cyprus. |

[1308] [Pro facto Terre Sancte}.

From the MS Lat. 10919, fol. 109z, in the Bibliothéque nationale. Edited 3 There is some question about the tracts against the Templars. Langlois, in his Introduction, p. xil, refers to three tracts of 1308 against the Templars, citing Boutaric’s article in Notices et extraits, XX, 175-81, as his source. But these pages contain only two tracts, the Remontrance and the De facto Templariorum. Pro facto Terre Sancte (pp. 186-89, Document

No. XXX), the third tract which Boutaric attributed directly to Dubois, makes no mention of the Templars. These three tracts are found in the MS Lat. 10919. Boutaric also edited another tract of 1308 against the ‘Templars (pp. 182-86, Document No. XXIX), which he entitled Quaedam proposita pape a rege super facto Templariorum. This is

not found in the MS Lat. 10919, but in a manuscript which Boutaric identified as Or. Arch. de l’emp. J 413, No. 34. It purports to be a letter addressed by Philip IV to the pope, but is obviously not by Philip, for it speaks of the king in the third person, and does

not close with the date and provenance as a genuine letter would. Renan (Histoire littéraire, XX VI, 483 f.) ascribed it to Dubois; Boutaric is noncommittal. In my opinion it is not by Dubois, despite the fact that it includes Dubois’ favorite reference to Leviathan testiculi. The style is terse and direct, well organized, unlike the diffuse style characteristic

of Dubois. I have therefore concluded to reject it.

Works Cited 215 by Boutaric in Notices et extraits, XX (1862), Part II, 186-89, Document No. XXX.

Written during the interregnum between the death of Emperor Albert I (May 1, 1308) and the election of Henry VII (October 28, 1308).

Summary: The king of France, with the support of the pope and the

cardinals, might readily gain the Empire for himself and his heirs. The pope could suspend the power of the electors; they should be punished for having elected emperors hostile to the Church, just as the imperium was taken from Constantinople and given to Charlemagne. The archbishops can be coerced by the pope, who has the right to withdraw the elective power from the other electors; their goodwill may be secured by the grant of lands and money from the tithes of German churches. The electors would probably not refuse such terms; the new Emperor could recover any losses from Lombardy, Genoa, and Venice. This would give him a land route to the Holy Land, necessary because of the shipping shortage. The establishment of universal peace through the means suggested elsewhere by the author would make it possible for the French king to govern both France and the Empire. He ought also to take over the papal patrimony, thereby gaining suzerainty over the pope’s vassals. The proud Italians would be humbled. Germany, teeming with people, would populate the Holy Land and Greece with

loyal citizens. If conquered, the Holy Land can be maintained only by a large influx of people; for such an influx the land route through Germany, Hungary, and Greece is necessary. [1308] [ Oppinio cujusdam suadentis regi Franciae ut regnum Ferosolimitanum et Cipri acquireret pro altero filiorum suorum, ac de invasione Egipiz. |

From the MS Lat. 10919, fols 82r to 867, in the Bibliothéque nationale. First published, with an omission, by Baluze, Vitae paparum Avenionensium

(Paris, 1693), II, 186-95, from which Langlois republished it, with further omissions, as an Appendix to the De recuperatione. It is given complete in Mollat’s edition of Baluze (Paris, 1914-27), III, 154-62. The title is in a fifteenth-century hand and is therefore not contemporaneous with the manuscript. The tract is translated in its complete form as an Appendix to the present volume. [1313] De torneamentts et justis. From the MS Reg. Lat. 1642, fols. 41v to 42v, in the Vatican Library. Analyzed and edited in part by C. V. Langlois, ‘Un Mémoire inédit de Pierre Du Bois, 1313: De torneamentis et justis,’ Revue historique, XLI (1889),

84-91. Summary: A bull has recently been issued prohibiting tournaments

under pain of excommunication. The royal family and the nobility ask for its temporary suspension. If not suspended, grave scandal will arise, for the French knights will ignore the prohibition and others will follow their example. The projected crusade will fail if led by men under

216 Works Cited the ban. Of two evils, choose the lesser. Tournaments should be permitted, just as excessive eating is permitted on the approach of Lent. Ecclesiastical discipline should aim to chastise and heal rather than to precipitate into error; those who have concubines are not required to abjure them lest they may, at the devil’s instigation, return to fornication and thus become perjurers. The Church should make exceptions; kings are not to be treated like other men. If an unbearable burden is placed on a youth’s shoulders, he either drops it or breaks under the strain. The prayers of a king should be listened to, for the wrath of a king is the messenger of death. Tournaments are not per se illicit, and the prohibition is not founded on canon law. Tournaments prepare the knights to fight the infidel; why not reserve the privilege for prospective

crusaders? Let the penalties remain in force as a caution against killing men or injuring souls. The pope need not fear to change his mind; God changed much in the New Testament which He had commanded in the Old. Even St. Paul changed his mind on circumcision of the Jews.

II. WORKS ON DUBOIS AND HIS TIMES Adamson, John William. “The Illiterate Anglo-Saxon’ and Other Essays on Education, Medieval and Modern. New York: Macmillan, 1947. A sprightly summary of Dubois’ ideas, pp. 77-91.

Aegidius Romanus. De ecclesiastica potestate. Ed. Richard Scholz. Weimar: H. Bohlaus Nachfolger, 19209.

—— De regimine principum. Ed. Jerome Samartanius. Rome: Bartho-

lomaeus Zannettus, 1607. | A thirteenth-century French version has been edited by Samuel

P. Molenaer (New York and London: Macmillan, 1899). Alexander de Villa-Dei. Das Doctrinale des Alexander de Villa-Dei. Kritisch-exegetische Ausgabe, mit Einleitung, Verzeichnis der Handschriften und Drucke nebst Registern. Ed. Dietrich Reichling. Berlin: Hofmann, 1893. ‘Monumenta Germaniae paedagogica,’ Vol. XII. One of the textbooks recommended by Dubois. Andrieu-Guitrancourt, Pierre. Eudes Rigaud et la vie de léglise au XIIIe siécle, d’aprés le Registrum visitationum. Paris: Librairie du

Recueil Sirey, 1938. ,

Atiya, Aziz 8S. The Crusade in the Later Middle Ages. London: Methuen, 1938.

A significant contribution to the history of the later crusades and of the theorists who proposed new crusades. Bacon, Roger. Opera quaedam hactenus inedita. Ed. John S. Brewer. London: Longman, Green, Longman & Roberts, 1859. ‘RollsSeries,’ No. 15. Includes the Opus tertium, the Opus minus, and the Compendium studii

philosophiae.

Works Cited 217 —— The Opus majus of Roger Bacon. Ed. John H. Bridges. New ed. 3 vols. London: Williams & Norgate, 1900. Vol. III of the new edition contains a revised text of the first three parts as they appeared in the Oxford edition of 1897, with corrections, emendations, and additional notes. The English translation by Robert Belle Burke (2 vols.; Philadelphia: University of Pennsylvania Press; London: Humphrey Milford, Oxford University Press, 1928) is based on the revised text. My citations are to the edition of 1900 and to Burke’s translation. Baeumker, Clemens: see Siger de Brabant. Baluze, Etienne. Vitae paparum Avenionensium; hoc est, Historia pontificum Romanorum qui in Gallia sederunt ab anno Christi MCCCV usque ad annum MCCCXCIV. Ed. Guillaume Mollat. 4 vols. Paris: Letouzey et Ané, 1914-27. Originally published in 1693. Mollat consulted the original manuscripts, which enabled him to rectify certain errors and omissions in the original edition. Baudouin, Adolphe: see Philip IV. Beazley, Charles Raymond. The Dawn of Modern Geography: A History of Exploration and Geographical Science. 2d ed. 3 vols. London: H. Froude; Oxford: Clarendon Press, 1905-6. Originally published in two volumes (London: J. Murray, 18971901). Volumes I and II of the second edition were published by Froude; Volume III was published by the Clarendon Press. Beck, Henry J. G. ‘William Hundleby’s Account of the Anagni Outrage,’ Catholic Historical Review, XXXII (1946), 190-220.

William of Hundleby served as procurator at the Roman curia for John Dalderby, bishop of Lincoln, 1300-20. He wrote this letter September 27, 1303. Latin text with English translation. Berthier, André. ‘Les Ecoles de langues orientales fondées au XIIIe siécle par les Dominicains en Espagne et en Afrique,’ Revue africaine, LXIII (1932), 84-103. Beugnot, Arthur A., Comte, ed. Les Olim, ou registres des arréts rendus par la cour du roi sous les régnes de saint Louis, de Philippe le Hardi, de Philippe le Bel, de Louis le Hutin, et de Philippe le Long. 3 vols. Paris: Imprimerie royale, 1839-48. ‘Collection de documents inédits sur histoire de France,’ No. 65. Bientinesi, Giuseppina. ‘Vincenzo di Beauvais e Pietro Dubois considerati come pedagogisti,’ Atti della reale accademia delle scienze di Torino, LI

(1915-16), 1411-30; LII (1916), 191-207. Bigwood, Georges. ‘La Politique de Ja laine en France sous les régnes de Philippe le Bel et de ses fils,’ Revue belge de philologie et d@’ histoire, Brus-

sels, XV (1936), 79-102, 429-57; XVI (1937), 95-129. A thorough study of export dues, a chapter in the financial history of the reign of Philip IV.

218 Works Cited Boase, Thomas S8.R. Boniface VIJI. London: Constable, [1933]. “Makers of the Middle Ages.’ Bongars, Jacques. Gesta Dei per Francos sive orientalium expeditionum

1611. oe

_ et regni Francorum Hierosolimitani historia, a variis, sed illius aeui, scriptoribus, litteris commendata. 2 vols. in 1. Hanover: John Aubrius, Although almost whollv superseded by the magnificent Recueil des historiens des croisades, there are still a few writers whose works are not

available in any edition later than that of Bongars. Copy in the

1861. | New York Public Library. ,

Borrelli de Serres, Léon. Les Variations monétaires sous Philippe le Bel

et les sources de leur histoire. Paris: Picard, 1902. ,

Boutaric, Edgard Paul. La France sous Philippe le Bel: étude sur les - institutions politiques et administratives du moyen 4ge. Paris: H. Plon,

—— ‘Les Idées modernes chez un politique du XIVe siécle: Pierre Du Bois,’ Revue contemporaine, sér. 2, XX XVIII (1864), 417-47. (Whole

number, Vol. LXXIII.) | A reprint of his paper read before the Académie des inscriptions et belles-lettres on February 5, March 4 and 11, 1864, which appeared under a different title in the Academy’s Comptes rendus, VIII (1864), 84-106. Dubois’ ideas are discussed in the light of contem-

porary events in Italy and the Near East. —— Institutions militaires de la France avant les armées permanentes,

suivies d’un apercu des principaux changements survenus jusqu’a nos jours dans la formation de l’armée. Paris: H. Plon, 1863. —— ‘Mémoire sur la vie, les ceuvres et les doctrines politiques de Pierre Dubois, légiste du quatorziéme siécle,’ Comptes rendus de 1 Académie des

inscriptions et belles-lettres, VIIT (1864), 84-106. : _ An analysis, with historical background, of the De recuperatione. —— ‘Notices et extraits de documents inédits reJatifs 4 ’histoire de France sous Philippe le Bel,’ Notices et extraits des manuscrits de la Bibliotheque nationale et autres bibliothéques, XX (1862), Part II, 83-237.

Includes the earliest, and sometimes the only, edition of certain

minor pamphlets by Dubois. |

Brandt, Walther I. ‘Pierre Dubois: Modern or Medieval ?,’ American Historical Review, XX XV (1930), 507-21.

Contends that nearly all of Dubois’ ideas may be found in the writings of his contemporaries or near predecessors. © Bréhier, Louis. L’Eglise et Orient au moyen Age: les croisades. 4th ed.

Paris: Lecoffre, 1921. ‘Bibliothéque de l’enseignement de [histoire ecclésiastique.’

Useful for an account of the later crusading efforts. The edition of 1928 was not available.

Brocard. Directorium ad passagium faciendum per Philippum [VI]

Works Cited 219 regem Franciae in Terram sanctam anno 1332. Ed. Kohler, in Recueil des historiens des crotsades, documents arméniens, II, 367-517.

Callery, Alphonse. ‘Les Premiers Etats Généraux: origine, pouvoirs et attributions,’ Revue des questions historiques, XXTX (1881), 62-119.

Holds that summoning the estates was a recognition of feudalism, not a denial of it. Capitanovici, Georgius J. Die Eroberung von Alexandria durch Peter I von Lusignan, Ko6nig von Cypern, 1365. Berlin: R. Heinrich, 1894. Carlyle, Sir Robert W., and Alexander J. Carlyle. A History of Mediae-

val Political Theory in the West. 6 vols. Edinburgh and London: Blackwood & Sons, 1903-36.

Carter, Thomas F. The Invention of Printing in China and Its Spread Westward. Rev. ed. New York: Columbia University Press, 1931. Cato. The Distichs of Cato: A Famous Medieval Textbook. Translated from the Latin by Wayland W. Chase. Madison, Wis.: University of _ Wisconsin Press, 1922. ‘University of Wisconsin Studies in the Social Sciences and History,’ No. 7. One of the textbooks recommended by Dubois. Chartularium universitatis Parisiensis. Ed. H. Denifle and E. Chatelain. 4 vols. Paris: Delalain, 1889-97. The standard collection of source material on the medieval University of Paris. Chénon, Emile. Histoire générale du droit frangais public et privé, des origines a 1815. 2 vols. Paris: Recueil Sirey, 1926-29. Relies heavily upon the earlier work of Tardif. Christensen, Heinrich. Das Alexanderlied Walters von Chatillon. Halle: Buchhandlung des Waisenhauses, 1905. Chronicles and Memorials of the Reign of Richard I. Ed. John S. Brewer.

2 vols. London: Longman, Green, Longman & Roberts, 1864-65. ‘Rolls Series,’ No. 38.

Chronicles of the Crusades, Being Contemporary Narratives of the Crusades of Richard Coeur de Lion, by Richard of Devizes and Geoffrey de Vinsauf, and of the Crusade of St. Louis, by Lord John de Joinville. London: H. G. Bohn, 1848. Colonna, Egidio: see Aegidius Romanus. Corpus chronicorum Flandriae. Ed. J. J. de Smet. 4 vols. Brussels: M. Hayez, 1837-65. ‘Collection de chroniques belges inédites,’ ed. J. H. Borgnet et al., No. 3. Corpus juris canonici. Editio Lipsiensis secunda post Aemilii Ludouici

Richteri curas ad librorum manu scriptorum et editionis Romanae fidem. Ed. Aemilius Friedberg. 2 vols. Leipzig: Tauchnitz, 1879-81. My citations are from the 1928 reprint. Corpus juris civilis. Ed. P. Kriger, T. Mommsen, ¢ al. 3 vols. Berlin: Weidmann, 1872-95. This standard edition of Roman civil law comprises the Institutiones, »

220 Works Cited the Digesta, the Codex, and the Novellae. It has frequently been reissued in whole or in part. Coulton, George G. Five Centuries of Religion. 4 vols. Cambridge:

Cambridge University Press, 1923-50.

phie, 1950. |

Crowley, Theodore. Roger Bacon: The Problem of the Soul in His Philosophical Commentaries. Louvain: Institut supérieure de philoso-

Written in 1939. See especially chap. i, ‘Roger Bacon’s Life and Works,’ pp. 17-78.

Curley, Sister Mary Mildred. The Conflict Between Pope Boniface VIIT and King Philip IV, the Fair. Washington, D.C.: Catholic University

of America, 1927.

A useful feature is the English translation of a number of documents not otherwise readily accessible.

Delaville le Roulx, Joseph M. La France en Orient au XIVe siécle: expéditions du maréchal Boucicaut. 2 vols. Paris: E. Thorin, 1886. ‘Bibliothéque des Ecoles frangaises d’Athénes et de Rome,’ fasc. 44-45.

Valuable for the later crusading movement. Based in part on manuscript materials as yet unedited. Delhaye, Philippe: see Siger de Brabant. Delisle, Léopold Victor. “Le Clergé normand au XIIIe siécle, d’aprés le Registrum visitationum archiepiscopi Rothomagensis; Journal des visites

ber, Vol VIII.) ,

pastorales d’Eude Rigaud, archevéque de Rouen, 1248-1269,’ Bibliothéque de l’Ecole des chartes, sér. 2, III (1846), 479-99. (Whole num-

—— ‘Mémoire sur les opérations financiéres des Templiers,’ Mémoires de l’Académie des inscriptions et belles-lettres, XX XIII (1889), Part II, 1-246.

Pages 95-246 comprise documents, with brief explanatory notes.

Sets forth the important role played by the order in the public finances of France in the thirteenth century. Della Vigna, Piero: see Piero della Vigna. Devic, Claude, and Jean J. Vaissete. Histoire générale de Languedoc.

| Ed. Edouard Dulaurier et al. 16 vols. Toulouse: E. Privat, 1872-1904.

Sirey, 1936. |

Digard, Georges A. L. Philippe le Bel et le Saint-Siége de 1285 a4 1304. Ouvrage posthume publié par Francoise Lehoux. 2 vols. Paris: Recueil

Sums up the results of a generation of research.

Documents historiques inédits tirés des collections manuscrits de la Bibliothéque royale et des archives ou des bibliothéques des départements. Ed. [J. J.] Ghampollion-Figeac et al. 4 vols. Paris: Firmin Didot fréres, 1841-48. ‘Collection de documents inédits publiés par ordre du roi et par les soins du ministre de l’instruction publique. Mélanges historiques.’ Donatus. The Ars minor of Donatus: For One Thousand Years the Leading

Works Cited 221 Textbook of Grammar. Translated from the Latin by Wayland J. Chase. Madison, Wis.: University of Wisconsin Press, 1926. ‘University of Wisconsin Studies in the Social Sciences and History,’ No. 11. One of the textbooks recommmended by Dubois.

Dupuy, Pierre. Histoire de la condamnation des Templiers, celle du schisme des papes tenans le siége en Avignon et quelques procés criminels. Ed. M. Gurtler. 2 vols. Brussels: Foppens, 1713. Copy in the Library of Congress. [—_—]. Histoire du différend d’entre le pape Boniface VIII et Philippes

[sic] le Bel, roy de France, oti ’on voit ce qui passa touchant cette affaire, depuis l’an 1296 iusques en l’an 1311 sous les pontificats de Boniface VIII, Benoist XI & Clement V; ensemble le proces criminel fait a Bernard evesque de Pamiez an MCCXCYV; le tout iustifié par les Actes et mémoires pris sur les originaux qui sont au Tresor des chartes du Roy. Paris: Sebastien Cramoisy, 1655. This compilation is not readily accessible, but it is nevertheless indispensable for a study of the period. It includes the only edition of two of Dubois’ pamphlets. The pagination is confusing. It begins with a narrative account of the affair in French and in Latin, each paged separately. This is followed by an elaborate table of contents, of ten unnumbered pages. The all-important ‘Actes et preuves’ begins with a third separate numbering, which extends through the sources for Boniface VIII, Benedict XI, and Clement V, and

continues unbroken through the sources for the trial of Bishop Guichard and the Quaestio de potestate papae, at one time attributed to Dubois. It is generally catalogued under‘Dupuy,’ although his name

does not appear on the title page. Copy in the Harvard Library. —— Traitéz concernant lhistoire de France; scavoir la condamnation des Templiers, avec quelques actes; histoire du schisme; les papes tenans le si¢ége en Avignon; et quelques procez criminels. Paris: Dupuy, 1654. Copy in the New York Public Library. Duval, Frédéric Victor. De la paix de dieu a la paix de fer. Paris: Paillard, 1923. ‘Gesta pacis. Etudes historiques sur la question de la paix.’ Easton, Stewart C. Roger Bacon and His Search for a Universal Science: A Reconsideration of the Life and Work of Roger Bacon in the Light

of His Own Stated Purposes. Oxford: Basil Blackwell; New York: Columbia University Press, 1952.

Eberhard of Béthune. Eberhardi Bethuniensis Graecismus. Ad fidem librorum manu scriptorum recensuit lectionum uarietatem adiecit indices locupletissimos et imaginem codicis Melicensis photolithographicam. Ed. Joh. Wrobel. Breslau: Koebner, 1887. ‘Corpus grammaticorum medii aeui,’ Vol. I (no more published). One of the textbooks recommended by Dubois. Copy in the Columbia University Library.

222 Works Cited Ehrle, Franz. ‘Ein Bruchstiick der Acten des Concils von Vienne,’ Archiv fiir Literatur- und Kirchengeschichie des Mittelalters, hrsg. von H. Denifle

und F. Ehrle, IV (1888), 361-470. ,

Includes a number of pertinent documents illustrating the jurisdictional strife between the secular and ecclesiastical authorities. Fsmein, Adhémar. A History of Continental Legal Criminal Proce-

dure, With Special Reference to France. Trans. John Simpson. Boston: Little, Brown, 1913. ‘Continental Legal History Series,’

[Vol. V].

—— Le Mariage en droit canonique. Ed. Robert Génestal and Jean

Dauvillier. 2 vols. Paris: Recueil Sirey, 1929-35. Originally published in 1891.

Fawtier, Robert. ‘L’Attentat d’Anagni,’ Mélanges d’archéologie et d’ histoire

(Ecole francaise de Rome), LX (1948), 153-79.

Contends that Nogaret was not responsible for the violence at Anagni. Fawtier’s position is challenged by M. Melville, ‘Guillaume

de Nogaret et Philippe le Bel.’

—— Les Capétiens et la France: leur rdéle dans sa construction. Paris:

Presses universitaires de France, 1942. —— L’Europe occidentale de 1270 a 1380: premiére partie, de 1270 a 1328. Paris: Presses universitaires de France, 1940. ‘Histoire générale,

, publ. G. Glotz; Histoire du moyen 4ge,’ Vol. VI, No. 1.

Integrates English, French, and Spanish history. Criticizes the chief

theories as to the origins of national assemblies. Contends that Philip himself was the directing force in French policy, that Philip

actually considered Boniface VIII to be a usurper, and that the Templars were guilty as charged. Figgis, John N. ‘A Forgotten Radical [Pierre Dubois],’ Cambridge Review,

XXI (1900), 373-74. |

Finke, Heinrich. Acta Aragonensia: Quellen zur deutschen, italienischen, franzdsischen, spanischen, zur Kirchen- und Kulturgeschichte, aus der diplomatischen Korrespondenz Jaymes II, 1291-1327. 3 vols. Berlin: W. Rothschild, 1908-22. An invaluable collection of documents, mostly from the archives

of Barcelona. Vols. I and II are paged continuously, Vol. III separately.

—— Aus den Tagen Bonifaz VIII: Funde und Forschungen. Miinster: Aschendorff, 1902. “Vorreformationsgeschichtliche Forschungen,’ Vol.

II.

Useful for the number of documents printed in full. —— Die Frau im Mittelalter; mit einem Kapitel, ‘Die heiligen Frauen im Mittelalter,? von Dr. Lenné. Kempten: J. Késel, 1913. —— Papsttum und Untergang des Templerordens. 2 vols. Miinster: Aschendorff, 1907. Hans Prutz took issue with some of Finke’s conclusions, and a lively

Works Cited 223 literary controversy ensued. Bibliography in E. Zeck, Der Publizist Pierre Dubois, pp. x1-xvi. ——— ‘Die Stellung der Frau in Mittelalter,’ Internationale Wochenschrift fiir Wissenschaft, Kunst und Technik, IV (1910), 1243-58, 1285-1302.

Based on lectures delivered by the author in Freiburg-im-Breisgau

during the winter of I909-10.

—— ‘Zur Charakteristik Philipps des Sch6nen,’ Mitteilungen des Instituts fiir dsterreichische Geschichtsforschung, XX VI (1905), 201-24.

Fliche, Augustin. Etudes sur la polémique religieuse a l’époque de Grégoire VII: les prégrégoriens. Paris: Société francaise d’imprimerie et de librairie, 1916.

XXXVIT (1938), 120-46. |

Fournier, Paul. ‘Guillaume du Breuil, juriste.’ In Histoire littéraire,

—— Le Royaume d’Arles et de Vienne (1138-1378): étude sur la formation territoriale de la France dans l’est et le sud-est. Paris: Picard, 18q1.

Funck-Brentano, Frantz. ‘Mémoire sur la bataille de Courtrai (1302, 11 Juillet) et les chroniqueurs qui en ont traité, pour servir a I’historiographie du régne de Philippe le Bel,’ Mémoires préseniés par divers savants a l’ Académie des inscriptions et belles-lettres de (Institut de France, sér. 1,

X (1893), 235-325. ——— Les Origines de la guerre de cent ans: Philippe le Bel en Flandre. Paris: Champion, 1897. Extensive bibliography, pp. xi—xx1l.

Funke, Paul. Papst Benedikt XI. Minster: H. Schéningh, 1891. ‘Kirchengeschichtliche Studien,’ hrsg. von Knépfler e¢ al., Vol. I. Gautier de Chatillon. Alexandreis. Ed. Friedrich A. W. Miildener. Leipzig: Teubner, 1863. An older edition is reprinted in Migne, Pat. Lat., GCIX, 463-572. From this poem Dubois derived much of his knowledge of ancient history.

Gewirth, Alan. Marsilius of Padua: The Defender of Peace. Vol. I. New York: Columbia University Press, 1951. ‘Records of Civilization, Sources and Studies,’ No. XLVI.

A detailed analysis of Marsilius’ ideas in the light of medieval philosophy; a supplementary volume will comprise the translation of the Defensor pacts.

Gilles de Rome: see Aegidius Romanus. Giordano, Carlo. Alexandreis, poema di Gauthier de Chatillon. Naples: Federico & Ardia, 1917.

Gmelin, Julius. Schuld oder Unschuld des Tempelordens. Kritischer Versuch zur Lésung der Frage. Stuttgart: Kohlhammer, 1893. Goldast, Melchior, ed. Monarchia s. Romani imperii. 3 vols. Hanover and Frankfort: Conrad Biermann, 1611-14. This excessively rare publication is still the only source for editions

224 Works Cited of a number of treatises illustrative of late medieval political thought.

Copy in the Columbia University Library. :

Gottron, Adam. Ramon Lulls Kreuzzugsideen. Berlin and Leipzig: W. Rothschild, 1912. ‘Abhandlungen zur mittleren und neueren Geschich-

te,’ Vol. XXXIX. Grabmann, Martin. ‘Neu aufgefundene Quaestionen Sigers von Brabant zu den Werken des Aristoteles (Clm. 9559).’ In Miscellanea Francesco

Cardinale Ehrle, 1, 103-47. |

—— ‘Neu aufgefundene Werke des Siger von Brabant und Boetius von Dacien,’ Sitzungsberichte der bayerischen Akademie der Wissenschaften, philo-

sophisch-philologische und historische Klasse,’ Jahrgang 1924, Part II, 1-48.

Graefe, Friedrich. Die Publizistik in der letzten Epoche Kaiser Friedrichs

II: ein Beitrag zur Geschichte der Jahre 1239-1250. Heidelberg: C. Winter, 1909. ‘Heidelberger Abhandlungen zur mittleren und neueren

Geschichte,’ Vol. XXIV. ,

Grauert, Hermann. ‘Aus der kirchenpolitischen Traktatenliteratur des 14. Jahrhunderts,’ Historisches Jahrbuch, XXTX (1908), 497-536.

A detailed discussion of the anonymous Tractatus de iurisdictione imperatoris et impertt, also known as Determinatio compendiosa de iurisdictione imperit.

—— ‘Dante und die Idee des Weltfriedens,’ Aistorisch-politische Blatter fiir das katholische Deutschland, CXLI (1908), 112-38.

Originally a ‘Festrede’ delivered before the Academy on December

14, 1907. Also issued separately in revised form: Munich: K. b. Akademie der Wissenschaften, 1909. —— [A lengthy critical review of Langlois’ edition of the De recuperatione]|, HMistorisches Fahrbuch, XII (1891), 807-15.

Grosseteste, Robert. Roberti Grosseteste episcopi quondam Lincolniensis

epistolae. Ed. Henry R. Luard. London: Longman, Green, Longman & Roberts, 1861. ‘Rolls Series,’ No. 25. Grundmann, Herbert. Alexander von Roes, De translatione impertt, und Jordanus von Osnabriick, De prerogativa Romani imperi. Leipzig: Teub-

ner, 1930. ‘Quellen zur Geistesgeschichte des Mittelalters und der Renaissance,’ Ed. W. Goetz, Vol. II. Jordanus von Osnabriick expressed a German patriotism quite as blatant as the French chauvinism of Dubois. Gualterus ab Insulis: see Gautier de Chatillon. Guilhiermoz, Paul E. ‘De la persistance du caractére oral dans la procédure civile francaise,’ Nouvelle revue historique du droit frangais et étranger,

XITI (1889), 21-65. —— Enquétes et procés: étude sur la procédure et le fonctionnement du Parlement au XIVe siécle. Paris: Picard, 1892. Guillaume le Maire. Livre de Guillaume le Maire. Ed. Célestin Port. In Mélanges historiques, II, 189-537. ‘Collection de documents inédits sur Vhistoire de France,’ No. 52.

Works Cited 225 Guillaume le Maire, bishop of Angers, died in 1314. The volume includes his De reformandis in ecclesia.

Guillaume de Nangis. Chronicon, et continuator prior. In Recueil des histortens des Gaules et de la France, ed. Bouquet, XX, 544-646.

Habel, Edwin. ‘Johannes de Garlandia, ein Schulmann des 13. Jahrhunderts,’ Mitteilungen der Gesellschaft ftir deutsche Erziehungs- und Schul-

geschichte, XIX (1909), 1-34, 118-30. ,

Haller, Johannes. Papsttum und Kirchenreform: vier Kapitel zur Geschichte des ausgehenden Mittelalters. Berlin: Weidmann, 1903. Planned as a longer work, but only Vol. I appeared. Hamilton, George L. “Theodulus, a Medieval Textbook,’ Modern Philolo-

gy, VII (1910), 169-85. Haskins, Charles H. Studies in the History of Mediaeval Science. Cambridge: Harvard University Press, 1924. Hauréau, Jean B. “De recuperatione Terrae Sanctae: traité de politique générale par Pierre Dubois, publi¢é par Ch. V. Langlois, 1891,’ Fournal des savanis, 1894, 117-23. A lengthy review of Langlois’ edition of the De recuperatione. —— ‘Richard Leneveu, évéque de Béziers.’ In Histoire liti¢ratre, X XVI,

539-5!Hearnshaw, Fossey J. C.: see Power, Eileen. Heber, Max. Gutachten und Reformvorschlage fiir das Vienner General-

concil, 1311-1312. Leipzig: Fischer & Wittig, 1896. ,

Hefele, Karl Joseph von. Conciliengeschichte: nach den Quellen bearbeitet. 2d ed. 9 vols. Freiburg-im-Breisgau: Herder, 1873-90. Vols V

and VI edited by A. Knopfler; Vols. VIII and IX by Cardinal Hergenrother. Heidelberger, Franz. Kreuzzugsversuche um die Wende des 13. Jahrhunderts. Berlin and Leipzig: W. Rothschild, 1911. ‘Abhandlungen zur mittleren und neueren Geschichte,’ Vol. XXXTI. Henri d’Andeli. Battle of the Seven Arts. Ed. and trans. Louis J. Paetow. Berkeley: University of California Press, 1914. ‘Memoirs of the University of California,’ Vol. IV, No. 1.

This thirteenth-century trouvére lists a number of the textbooks which Dubois recommended for his ‘modern’ curriculum.

Henry, Abel. ‘Guillaume de Plaisians, ministre de Philippe le Bel,’ Moyen Age, V (1892), 32-38. Hervieu, Henri. Recherches sur les premiers états généraux et les assemblées représentatives pendant la premiére moitié du XIVe siécle. Paris: Thorin, 1879. Heyck, Eduard. ‘Moderne Gedanken im Mittelalter,’ Die Grenzboten, LI (1892), Part II, 18-27. A popular and superficial analysis of the De recuperatione. Heyd, Wilhelm von. Histoire du commerce du Levant au moyen-age. Edition francaise refondue et considérablement augmentée par lau-

226 Works Cited teur, publi¢e sous le patronage de la Société de l’Orient latin, par

Reprinted in 1923. :

Fourcy Raynaud. 2 vols. Leipzig: Harrassowitz, 1885-86.

University Press, 1948. ,

Hill, Sir George: A History of Cyprus. 3 vols. Cambridge: Cambridge Histoire littéraire de la France. Paris: Imprimerie nationale, 1733—. Vol. XXXVIIT appeared in 1949. Title and imprint vary. Hofler, Constantin R. von, ‘Die romanische Welt und. ihr VerhAltnis zu den Reformideen des Mittelalters,’ Sitzungsberichie der kaiserlichen [Wiener] Akademie der Wissenschaften, philosophisch-historische Klasse

XCI (1878), 257-538.

A brief summary of Dubois’ ideas, pp. 318-22. Holtzmann, Robert. Franzésische Verfassungsgeschichte von der Mitte

des neunten Jahrhunderts bis zur Revolution. Munich and Berlin: R. Oldenbourg, rg10. ‘Handbuch der mittelalterlichen und neueren

Geschichte,’ Vol. III. | |

—— ‘Philipp der Schéne von Frankreich und die Bulle Ausculta fili,’ Deutsche Kertschrifi fir Geschichiswissenschaft, Neue Folge, II (1897), 16-38. Contends that the bull was publicly burned.

— Wilhelm von Nogaret: Rat und Grosssiegelbewahrer Philipps des Sch6énen von Frankreich. Freiburg-im-Breisgau: J. C. B. Mohr, 1808.

A detailed and well documented account of the part played by Nogaret in his royal master’s struggle with the papacy. Huberti, Ludwig. Studien zur Rechtsgeschichte der Gottesfrieden und Landfrieden. Ansbach: C. Briigel & Sohn, 1892. One of the best treatments of the general subject.

Humbertus de Romanis: see Michel, Karl.

_ Jacobus de Voragine. The Golden Legend of Jacobus de Voragine. Trans. and adapted from the Latin by Granger Ryan and Helmut Ripperger. 2 vols. New York and London: Longmans, Green, 1941.

This late thirteenth-century author was recommended by Dubois for study in his proposed schools. Jarrett, Bede. Social Theories of the Middle Ages, 1200-1500. London: Benn, 1926. “The Library of European Political Thought,’ ed. Harold

J. Laski. .

Reprint: Westminster, Md.: Newman Book Shop, 1942.

John of Garland. Morale scolarium of John of Garland (Johannes de Garlandia), a Professor in the Universities of Paris and Toulouse in the Thirteenth Century. Ed. Louis J. Paetow. Berkeley: University of California Press, 1927. ‘Memoirs of the University of California,’ Vol. —

IV, No. 2. Includes a prose paraphrase in English, which is virtually a translation. The Introduction and wealth of footnotes provide much information about schools and textbooks of the thirteenth century.

Works Citéd 227 John of Paris. Tractatus de potestate regia et papali: Interdum contingit. In M. Goldast, ed., Monarchia s. Romani imperu, II, 108-47. Brief selections from this pamphlet by a contemporary of Dubois are translated in Carlyle, Mediaeval Political Theory, V, 428n, 434n. Jordanus von Osnabriick. ‘Des Jordanus von Osnabriick Buch [De preroga-

tiva Romani imperu| tiber das rémische Reich, herausgegeben von G. Waitz,’ Abhandlungen der kiniglichen Gesellschaft der Wissenschaften zu Géttingen, historisch-philologischen Klasse, XIV (1869), 1-91.

Text and Introduction. Jourdain, Charles. ‘Un Collége oriental 4 Paris au treiziéme siécle,’ Revue des sociétés savanies des départements, sér. 2, VI (1861), 66-73.

——- ‘Mémoire sur les commencements de la marine militaire sous Philippe le Bel,’ Mémozres de l’ Académie des inscriptions et belles-lettres,

XXX (1881), Part I, 377-418. ——— ‘Mémoire sur |’éducation des femmes au moyen age,’ Mémoires de l’ Académie des inscriptions et belles-letires, XXVIII (1874), 79-133. Reprinted in his Excursions historiques et philosophiques a travers le moyen

Gge (Paris, 1888), pp. 463-500.

Kampf, Hellmut. Pierre Dubois und die geistigen Grundlagen des franzésischen Nationalbewusstseins um 1300. Leipzig: Teubner, 1935. ‘Beitrage zur Kulturgeschichte des Mittelalters und der Renaissance,’ hrsg. von W. Goetz, Vol. LIV. The title is a misnomer. Actually, it is a study of the rise of French national consciousness, illustrated by numerous citations from contemporary writers, among them Dubois. Keil, Heinrich G. T.: see Priscian. Kelsen, Hans. Die Staatslehre des Dante Alighieri. Vienna and Leipzig: F. Deuticke, 1905. ‘Wiener staatswissenschaftliche Studien,’ Vol. VI, No. 3.

Kern, Fritz, ed. Acta Imperii, Angliae et Franciae ab anno 1267 ad

annum 1313: Dokumente vornehmlich zur Geschichte der auswartigen ,

Beziehungen Deutschlands, in auslandischen Archiven gesammelt. Tiibingen: J. C. B. Mohr, rgro. —— Die Anfange der franzésischen Ausdehnungspolitik bis zum Jahr 1308. Tiibingen: J. C. B. Mohr, 1g1o. — Grundlagen der franzésischen Ausdehnungspolitik. Leipzig: Hirschfeld, Igio. Kervyn de Lettenhove, Joseph B. M. C. ‘Etudes sur histoire du XIIIe siecle,’ Mémoires de l’ Académie royale des sciences, des letires et des beaux-arts

de Belgique, classe des lettres, XXVIII (1854), 1-105.

A lengthy footnote on p. 84 comprises the text of the false bull Quia nonnulli, in which Boniface VIII is supposed to have abolished the principle of clerical celibacy. —— Histoire de Flandre. 6 vols. Brussels: Vandale, 1847-50. There is a fifth edition: 4 vols. Bruges: Ch. Beyaert, 1898.

228 Works Cited | & Lossen, 1900. |

Kraussold, Max.. Die politische Beziehungen zwischen Deutschland: und

Frankreich wahrend der Regierung Heinrichs VII. Munich: Kastner

Lajard, Félix. ‘Eudes de Sens, dit de Saint-Sauveur, jurisconsulte.’ In

Mistoire littéraire, XXV, 85-93.

_ In 1301 Eudes composed a Summa de judictis possessoribus in which he

_ proposed to simplify and shorten legal procedure in civil suits. . Landry, Adolphe. Essai économique sur les mutations des monnaies dans Pancienne France de Philippe le Bel 4 Charles VII. Paris: Champion, 1910. “Bibliothéque de I’ Ecole des hautes études, publié sous les auspices du ministére de l’instruction publique; sciences historiques et philolo-

giques,’ fasc. 185. , , IT emplerordens.

Langlois, Charles V. “L’Affaire des Templiers,’ Fournal des savants, VI (1908), 417-35. A lengthy critical review of H. Finke, Papsttum und Untergang des —— ‘Un Mémoire inédit de Pierre Dubois, 1313, De torneamentis et justis,’ Revue historique, XLI (1889), 84-91.

' Analysis, with quotation of much of the tract. —— ‘Les Papiers de Guillaume de Nogaret et de Guillaume de Plaisians au Trésor des chartes,’ Notices e¢ extraits des manuserits de la Bibliothéque nationale et autres bibliotheques, XX XIX (1909), 211-54.

A brief calendar of some 642 documents. ,

146 ff. - |

—— Questions d’histoire et d’enseignement. Paris: Hachette, 1go2. Pages 50-103 deal with Siger de Brabant. —— Le Régne de Philippe ITI le Hardi. Paris: Hachette, 1887.

——— ‘Satire cléricale du temps de Philippe le Bel,’ Moyen Age, V (1892),

An ironical appeal to the pope against the tyranny exercised by the Holy See over the prelates. Introduction and brief text.

Lavisse, Ernst, ed. Histoire de France depuis les origines jusqu’a la révolution. 9 vols. in 18. Paris: Hachette, 1900-11.

Vol. III, Part IT, deals with the reign of Philip IV. , Leroux, Alfred. ‘La Royauté frangaise et le Saint Empire romain au moyen Age,’ Revue historique, XLIX (1892), 241-88.

The discussion ranges from the tenth century to the fifteenth. Lévis Mirepoix, duc de. ‘Philippe le Bel et Boniface VIII,’ Revue univer-

‘Selle, LXIII (1935), 147-76. A popular, uncritical account. :

Lizerand, Georges. Clément V et Philippe le Bel. Paris: Hachette, rgro. Extensive bibliography, pp. xxiii-xlviii, marred by careless proof-

reading. |

—— ‘Les Dépositions du Grand Maitre Jacques de Molay au procés © des Templiers, 1307-1314,’ Moyen Age, XXVI (1913), 81-106. —— ed. Le Dossier de laffaire des Templiers. Paris: Champion, 1923.

Works Cited 229 ‘Classiques de histoire de France au moyen age,’ No. 2. Oo Original and modern French on opposite pages. Loomis, Louise R. Medieval Hellenism. Lancaster, Pa.: Wickersham Press, 1906. Luchaire, Achille. Manuel des institutions frangaises, période des Capé-

tiens directs. Paris: Hachette, 1892. Lull, Raymond. Obres. Edicié original amb variants i facsimils dels més antics manuscrits. ‘Transcripcid directa per Salvador Galmés y Miguel

Ferra. Prédlogo de Mateo Obrador y Bennassar. 16 vols. Palma de

Mallorca: Imp. Amengual y Muntaner, 1906-32. i The old edition of the Opera by J. Salzinger (8 vols. Mainz, 1721-42) is very scarce. There is a set in the Vatican Library. I have not been

able to locate a complete set in the United States. MacKinney, Loren C. “The People and Public Opinion in the Eleventhcentury Peace Movement,’ Speculum, V (1930), 181-206. Mandonnet, Pierre. ‘La Carriére scolaire de Gilles de Rome [Aegidius Romanus] (1276—-1291),’ Revue des sciences philosophiques et théologiques,

IV (1910), 480-99. ——— Siger de Brabant et l’averroisme latin au XIITe siécle: étude critique

et documents inédits. ad ed. 2 vols. Louvain: Institut supérieure de philosophie de Puniversité, 1908-11.

The more recent discoveries of Grabmann and others have compelled a modification of Mandonnet’s position in a few particulars. Manitius, Max. ‘Zur Ueberlieferungsgeschichte mittelalterlicher Schul-

cation.

autoren,’ Mitteilungen der Gesellschaft fiir deutsche Erziehungs- und Schul-

geschichte, XVI (1906), 35-49, 232-77.

The manuscript tradition of thirty-six medieval writers on eduMarino Sanudo: see Sanudo, Marino.

Martin, Edward J. The Trial of the Templars. London: Allen, 1928. Matthew Paris. Chronica majora. Ed. Henry R. Luard. 7 vols. London: Longman, Green, Longman & Roberts, 1872-83. ‘Rolls Series,’ No. 57.

The portion beginning with the year 1235 has been translated by J. A. Giles as Matthew Paris’ English History (3 vols. London: Bohn, 1852-54).

Matthew of Vendéme. Matthaei Vindocinensis Tobias. Ed. Friedrich A. W. Miildener. Géttingen: Dietrich, 1855. One of the textbooks recommended by Dubois. An older edition by Johannes Heringius (1642) is reprinted in Migne, Pat. Lat., CCV, 927-80. Copy of the 1855 edition is in the Harvard Library. Mélanges historiques, 5 vols. Paris: Imprimerie nationale, 1874-86, ‘Collection des documents inédits sur histoire de France,’ No. 52. Melville, Marion. ‘Guillaume de Nogaret et Philippe le Bel,’ Revue a’ histotre de V’église de France, XXXVI (1950), 56-66. .

A reply to Fawtier’s article, ‘L’Attentat d’Anagni.’

230 Works Cited Memoirs of the Crusades, by Villehardouin and Joinville. Trans. Sir Frank Marzials. London and Toronto: J. M. Dent; New York: E. P. Dutton, 1908. ‘Everyman’s Library,’ No. 333. Merriman, Roger Bigelow. The Rise of the Spanish Empire in the Old World and in the New. 4 vols. New York: Macmillan, 1918-34.

Meulen, Jacob ter. Der Gedanke der internationalen Organisation in seiner Entwicklung. 2 vols. in 3. The Hague: Nijhoff, 1917-40. I, 101-07 on Dubois. Cites a few passages of the De recuperatione in German translation.

Meyer, Emil H. Die staats- und vélkerrechtlichen Ideen von Peter Dubois. Marburg: Adolf Ebel, 1908. ‘Arbeiten aus dem juristisch_ staatswissenschaftlichen Seminar der k6niglichen Universitat Marburg,’ hrsg. von Walter Schiicking, Vol VII. Despite its title, of minor importance. Meyer, Hermann. Lupold von Bebenburg; Studien zu seinen Schriften: ein Beitrag zur Geschichte der staatsrechtlichen und kirchenpolitischen Ideen und Publizistik im 14. Jahrhundert. Freiburg-im-Breisgau: Herder, 1909. ‘Studien und Darstellungen aus dem Gebiet der Geschichte,’ Vol. VII, Nos. 1, 2. —— Textkritische Studien zu den Schriften von Lupold von Bebenburg. Munich and Freiburg-im-Breisgau: Herder, 1908.

Lupold von Bebenburg was a doctor of canon law, who became bishop of Bebenburg in 1353; died 1363. MGH: see Monumenta Germaniae historica. Michel, Karl. Das Opus tripartitum des Humbertus de Romanis, O.P.:

Beitrag zur Geschichte d. Kreuzzugsidee und d. kirchliche Unions-bewegung. 2d ed. Graz: Universitatsbuchdruckerei, 1926. | This is the Libellus written for the use of the council of Lyons (1274).

Migne, J. P., ed. Patrologiae cursus completus. Series latina. 221 vols. Paris: J. P. Migne, 1844-64. Cited as Migne, Pat. Lat. Mirbt, Carl. Die Publizistik im Zeitalter Gregors VII. Leipzig: Hinrichs, 1894.

- QOne of the earliest studies of pamphleteering during the Middle Ages.

Miscellanea Francesco Ehrle: scritti di storia e paleografia pubblicati sotto gli auspici di S. S. Pio XI in occasione dell’ottantesimo natalizio dell’ e.mo Cardinale Francesco Ehrle. 5 vols. Rome: Biblioteca apostolica Vaticana, 1924.

Moller, Richard. Ludwig der Bayer und die Kurie im Kampf um das Reich; Forschungen. Berlin: E. Ebering, 1914. ‘Historische Studien,’

Vol. CXVI. |

Mohler, Ludwig. Die Kardinale Jacob und Peter Colonna: ein Beitrag zur Geschichte des Zeitalter Bonifaz’ VIII. Paderborn: F. Schéningh, 1914. ‘Quellen und Forschungen aus dem Gebiete der Geschichte,’ Vol. XVII.

Works Cited 231 Mollat, Guillaume. ‘Guichard de Troyes et les révélations de la sorciére de Bourdenay,’ Moyen Age, sér. 2, XII (1908), 310-16 (whole number, Vol. XXI). ——- Les Papes d’Avignon, 1305-1379. 2d ed. Paris: Lecoffre, 1912. ‘Bibliotheque de lenseignement de l’histoire ecclésiastique.’ A ninth edition appeared in 1950. Monumenta Germaniae historica. Deutsche Chroniken, 1877—; Leges, 1835—; Scriptores, 1826—; Scriptores rerum Germanicarum, nova series, 1922—.

~ Moranvillé, Henri. ‘Les Projets de Charles de Valois sur l’empire de Constantinople,’ Bibliotheque de I’ Ecole des chartes, LI (1890), 63-86.

A group of documents bearing on the subject. Moser, Max. ‘Der Brief Realis est veritas aus dem Jahre 1304,’ Mitieilungen des Instituts fiir Gsterreichische Geschichtsforschung, XXIX (1908),

64-87. Material on Richard Leneveu, pp. 84-87. Miller, Eugen. Beitrage zur Kenntnis der dffentlichen Meinung wahrend des Interregnums. Heidelberg: C. Winter, 1912. Part of his longer work on Peter of Prezza, below. —— Peter von Prezza, ein Publizist der Zeit des Interregnums. Heidel-

berg: C. Winter, 1913. ‘Heidelberger Abhandlungen zur mittleren und neueren Geschichte,’ Vol. XX XVII. Miller, Ewald. Das Konzil von Vienne, 1311-1312: seine Quellen und seine Geschichte. Miinster: Aschendorff, 1934. ‘Vorreformationsgeschichtliche Forschungen,’ Vol. XII. Miller, Karl. [Review of Francesco Scaduto, Stato e chiesa negli seritt politic: dalla fine della lotta per le investiture sino alla morte di Ludovico il

Bavaro, 1122-1347, and of Baldassare Labanca, Marsilio da Padova}, Géttingische gelehrte Anzeigen, 1883, Part II, 901-26.

Discusses the authorship of certain pamphlets attributed to Dubois.

Mullally, Joseph P.; see Peter of Spain. Neumann, Wilhelm A. Ueber die orientalischen Sprachstudien seit dem 13. Jahrhunderte, mit besonderer Riicksicht auf Wien. Vienna: A. Holder, 1899. Norden, Walter. Das Papsttum und Byzanz: die Trennung der beiden Machte und das Problem ihrer Wiedervereinigung bis zum Untergange des byzantinischen Reichs, 1453. Berlin: B. Behr, 1903. Notices et extraits des manuscrits: see Boutaric.

Oman, CharlesW.C. A History of the Art of War in the Middle Ages. ad ed. 2 vols. Boston: Houghton Mifflin, 1924. Palestine Pilgrims Text Society. The Library. 13 vols. London: Committee of the Palestine Exploration Fund, 1897 [1890-97]. English translations of accounts by western travelers to Palestine during the Middle Ages.

232 Works Cited

Imola: Galeati, 1888. oe |

Pasolini, Pier Desiderio. I tiranni di Romagna e 1 papi nel medio evo.

Peers, Edgar Allison, trans. A Life of Ramdén Lull, Written by an Unknown Hand About 1311. Translated from the Catalan with Notes_ and an Appendix. London: Burns, Oates & Washbourne, [1927]. _ —— Ramon Lull: A Biography. London: Society for the Promotion _ of Christian Knowledge, 1929. ~ Peter of Spain [Pope John XXI]. The Summulae logicales of Peter of Spain.

Ed. J. P. Mullally. Notre Dame, Ind.: University of Notre Dame, 1945. ‘Publications in Mediaeval Studies,’ Vol. VITI.

| Edition and translation of the seventh and final tract. Petit, Joseph. Charles de Valois (1270-1325). Paris: Picard, 1900. Philip IV (the Fair). Lettres inédites de Philippe le Bel. Publiées par l’Académie des sciences, inscriptions et belles-lettres de Toulouse. Ed.

, Adolphe Baudouin. Paris: Champion, 1887. Picot, Georges M. R., ed. Documents relatifs aux états généraux et assemblées réunis sous Philippe le Bel. Paris: Imprimerie nationale, 1901, ‘Collection de documents inédits sur l’histoire de France,’ No. 35:

Piero della Vigna. Petri de Vineis judicis aulici et cancellarii Friderici I imperatoris epistolarum, quibus res gestae ejusdem imperatoris aliaque

multa ad historiam ac jurisprudentiam spectantia continentur libri VI. Ed. Joh. Rudolphus Iselius. 2 vols. Basle: Joh. Christ, 1740. This collection of letters left by the chancellor of Frederick II was available in the French royal archives in Dubois’ day, and may pos- | sibly have offered hints to Philip’s propagandists. Copy in the Co-

- lumbia University Library. | | , de Courtrai,’ Bulletins de la Commission royale d’histotre de Belgique, sér. 4, XVII (1890), Part I, 11-50. , Also printed separately. Brussels: Hayez, 1890. , Pirenne, Henri. ‘La Version flamande et la version frangaise de la bataille

Poole, Reginald Lane. Illustrations of the History of Mediaeval Thought.

ad ed. New York: Macmillan, 1920. First published in 1884.

Portable Medieval Reader, The. Ed. James B. Ross and Mary M.

McLaughlin. New York: Viking Press, 1949. :

Includes English translation of chapters 1-4, 13, 27, I01, 104-07, ,

111, of the De recuperatione. Confuses Edward I with Philip IV by ignoring the fact that the work is in two parts. | Potthast, August, ed. Regesta pontificum Romanorum inde ab anno post Christum natum 1198 ad annum 1304. 2 vols. Berlin: R. de Decker,

1874-75. |

Power, Eileen. ‘Pierre Du Bois and the Domination of France.’ In F. J. | C. Hearnshaw, ed., The Social and Political Ideas of Some Great Mediaeval

Thinkers (London: G. Harrap, 1923), pp. 139-66.

Works Cited 233 An otherwise excellent essay, marred by the contention that Dubois’ ideas were ‘modern’ and not in harmony with his age. Powicke, Frederick M. ‘Pierre Dubois, a Medieval Radical.’ In Thomas F. Tout and James Tait, eds., Historical Essays (Manchester: Manchester University Press, 1907), pp. 169-91. An excellent essay, conceding that many of Dubois’ ideas were not original with him.

Priscian. Institutiones grammaticae. In H. Keil, ed., Grammatici latin (Leipzig: Teubner, 1857-80), Vols. II and III. Prutz, Hans Georg. Entwicklung und Untergang des Tempelherrenordens. Berlin: G. Grote, 1888. —— Die geistlichen Ritterorden: ihre Stellung zur kirchlichen, politischen, gesellschaftlichen und wirtschaftlichen Entwicklung des Mittelalters. Berlin: Mittler & Sohn, 1908. —— ‘Zur Genesis des Templerprozesses,’ Sttzungsberichte der Bayerische Akademie der Wissenschaften zu Miinchen, Philosophisch-philologischen und der

historischen Klasse, [XXIV] Jahrgang 1907, 5-67. Raoul Glaber: see Rodulphus Glaber. Rashdall, Hastings. The Universities of Europe in the Middle Ages. Ed. F. M. Powicke and A. B. Emden. 3 vols. Oxford: Clarendon Press, 1936.

Originally published in 1895. Powicke and Emden preserved the original organization, making their revisions and corrections principally by means of footnotes. Recueil des historiens des croisades. Documents arméniens. 2 vols. in 3. Paris: Imprimerie impériale, 1869—1906.

Recueil des historiens des Gaules et de la France. Ed. Dom Martin Bouquet ¢ al. 24 vols. Paris: Aux dépens des librairies associés, 1738-— 1904.

Some volumes have been reprinted from time to time. Publisher varies. The work is sometimes cited by its Latin title, Rerum Gallicarum et Francicarum scriptores.

Registres de Boniface VIII, Les: Recueil des bulles de ce pape publices ou analysées d’aprés les manuscrits originaux des Archives du Vatican. Ed. Georges Digard et al. 4 vols. Paris: Boccard, 1904-39. ‘Bibliothéque des Ecoles frangaises d’Athénes et de Rome,’ 2 sér., Vol. IV.

Issued in 16 fascicles. Fasc. No. 1 of Vol. I was issued in 1884.

Publisher varies. Reinach, Salomon. ‘L’Enigme de Siger,’ Revue historique, CLI (1926), 34-46. Renan, Ernest. ‘De divers piéces relatives aux différends de Philippe le Bel avec la papauté.’ In Histoire littéraire, XX VII, 371-81. Some of this material is on Pierre Flotte. —— Etudes sur la politique religieuse du régne de Philippe le Bel. Paris: C. Lévy, 1899.

234, Works Cited

371. | ,

A reprint of the author’s articles on William of Nogaret, Pierre Dubois, and Bertrand de Got, in Histoire littéraire, Vols. XXVI,

XXVIT, and XXVIII.

—— ‘Guillaume de Nogaret, légiste.’ In Histoire littéraire, XX VII, 233-

! —— ‘Pierre Du Bois, légiste.’ In Histoire littéraire, XXVI, 471-536. A long and brilliant study, with detailed summaries of several of Dubois’ pamphlets. Dubois’ authorship of a few of the treatises here attributed to him has been repudiated by later scholars.

—— ‘Un Publiciste du temps de Philippe le Bel, 1300-1308 [Pierre Dubois],’ Revue des deux mondes, XCI (1871), 620-46; XCII (1871), 87-115.

| A reprint, without citation of authorities, of the article in Histoire

littéraire, XXVI.

Ribbeck, Walter. ‘Gerhoh von Reichersberg und seine Ideen tiber das , Verhdltniss zwischen Staat und Kirche,’ Forschungen zur deutschen Ge-

schichte, XXIV (1884), 3-80. _ oe

— ‘Noch einmal Gerhoh von Reichersberg,’ Forschungen zur deutschen

Geschichte, XXV (1885), 556-61. | |

_ Gerhoh von Reichersberg, who lived ca. 1150, had ideas on the confiscation of ecclesiastical property which resemble those of Dubois. Richard, Jules M. Une Petite-Niéce de saint Louis, Mahaut, comtesse

d’Artois et de Bourgogne (1302-1329): étude sur la vie privée, les arts et l’industrie en Artois et 4 Paris au commencement du XIVe siécle. Paris: Champion, 1887. Dubois spent his last years in the service of the countess. Rigaud, Eudes. Registrum visitationum archiepiscopi Rothomagensis | [1248-69]: Journal des visites pastorales d’Eude Rigaud, archevéque de Rouen. Ed. Th. Bonnin. Rouen: A. le Brument, 1852. Presents a picture of monastic life in the thirteenth century which affords some justification for the criticisms leveled against monasti- _ cism by Dubois. Rigault, Abel. Le Procés de Guichard, évéque de Troyes, 1308-1313. Paris: Picard, 1896. ‘Société de l’Ecole des chartes, mémoires et do-

cuments,’ Vol. I. - | . }

Riviére, Jean. Le Probléme de l’église et de l’état au temps de Philippe le Bel: étude de théologie positive. Louvain: Spicilegium sacrum Lovaniense bureaux, 1926. ‘Spicilegium sacrum Lovaniense; études et

documents,’ fasc. 8. | oe

Rocquain, Félix. La Cour de Rome et l’esprit de réforme avant Luther.

3 vols. Paris: Thorin & fils, 1893-97. ,

—— ‘Philippe le Bel et la bulle Ausculia fii,’ Bibliothéque de l’Ecole des

chartes, XLIV (1883), 393-418. |

Contends that the story of the burning of the bull lacks adequate , documentary evidence. | 7

Works Cited 235 Rodulphus Glaber. Raoul Glaber: Les cinq livres de ses histoires, goo1044. Ed. Maurice Prou. Paris: Picard, 1886. ‘Collection de textes pour

servir a l’étude et a l’enseignement de histoire.’ An account of the Peace of God in France in 1034 is found in rv. iv, V.

Ross, J. B., and M. M. McLaughlin: see Portable Medieval Reader. Rymer, Thomas, ed. Foedera, conventiones, litterae, et cujuscunque generis acta publica inter reges Angliae et alios quosvis imperatores, reges, pontifices, principes, vel communitates: ab ingressu Guilelmi I in Angliam A. D. 1066 ad nostra usque tempora habita aut tractata.

Ed. Adam Clarke and Fred. Holbrooke. 4 vols. in 7. London: G. Eyre & E. Strahan, 1816-69. Sandys, John Edwin. A History of Classical Scholarship. 3 vols. Cambridge: Cambridge University Press, 1903-8. Vol. I, which covers the Middle Ages, is in a third edition (1921). Sanudo, Marino, senior. Secreta fidelium crucis super Terrae Sanctae recuperatione et conservatione. In J. Bongars, Gesta Dei per Francos, II, 1-288.

Part x1v of Book m1 is translated in Palestine Pilgrims Text Society, The Library, XII, 2-70. Sarti, Mauro, and Mauro Fattorin1. De claris archigymnasii Bononiensis professoribus a saeculo XI usque ad saeculum XIV. Ed. C. Albicinius and C. Malagola. 2 vols. Bologna: Merlani fratres, 1888-96. Originally published 1769-72. Sarton, George. Introduction to the History of Science. 3 vols. Baltimore: Williams & Wilkins, 1927-48. Schlauch, Margaret. Medieval Narrative: A Book of Translations. New York: Prentice-Hall, 1928. Includes a version of the Alexander legend, pp. 281-331. Schniirer, Gustav. ‘Das Projekt eines internationalen Schiedsgerichts aus den Jahren 1307/8,’ Aistorisch-politische Bldtter fiir das katholische Deutsch-

land, CXLI (1908), 279-84. Quotes chap. 12 of the De recuperatione in German translation. Scholz, Richard. Die Publizistik zur Zeit Philipps des Schénen und Bonifaz, VIII. Stuttgart: F. Enke, 1903. ‘Kirchenrechtliche Abhandlungen,’ Vols. VI-VITI. The outstanding study of pamphleteering during the reign of Philip IV. Pp. 32—129 were published separately under the title Aegidius von Rom (Stuttgart, 1902).

—— ‘Studien iiber die politischen Streitschriften des 14. und 15. Jahrhunderts,’ Quellen und Forschungen aus ttaltentschen Archiven und Bibliothe-

ken, XII (1909), 112-31. Includes some unedited material on William of Ockham. —— Unbekannte kirchenpolitische Streitschriften aus der Zeit Ludwigs des Bayern (1327-1354). 2 vols. in 1. Rome: Loescher, 1911-14. ‘Bib-

236 Works Cited _ jiothek des kgl. preuss. historischen Instituts in Rom,’ Vols. [X~X. Schottmiiller, Konrad. Der Untergang des Templer-Ordens. Mit urkundlichen und kritischen Beitragen. 2 vols. Berlin: Mittler & Sohn,

1887. :

Schraub, Wilhelm. Jordan von Osnabriick und der Tractatus de praeroga-

tiva Romani impertt. Heidelberg: C. Winter, 1909.

An extract from his longer work, published in 1gto. |

1909. |

—— Jordan von Osnabriick und Alexander von Roes: ein Beitrag zur Geschichte der Publizistik im 13. Jahrhundert. Heidelberg: C. Winter, 1910. ‘Heidelberger Abhandlungen zur mittleren und neueren Ge-

schichte,’ Vol. XXVI. |

Schiicking, Walther. Die Organisation der Welt. Leipzig: Alfred Korner, Chap. iii deals with Pierre Dubois and George Podiebrad as forerunners of pacifism. Schulte, Johann Friedrich von. Die Geschichte der Quellen und Literatur

des canonischen Rechts von Gratian bis auf die Gegenwart. 3 vols.

Stuttgart: F. Enke, 1875-80. , A work of fundamental importance.

[Scott, Samuel P.]. The Civil Law, Including the Twelve Tables, the

| Institutes of Gaius, the Rules of Ulpian, the Opinions of Paulus, the Enactments of Justinian, and the Constitutions of Leo. Translated from the Original Latin, Edited and Compared with All Accessible Systems of Jurisprudence, Ancient and Modern. 17 vols. in 7. Cincin-

nati: Central Trust Co., [1932]. a

Siger de Brabant. Die Impossibilia des Siger von Brabant: eine philosophische Streitschrift aus dem 13. Jahrhundert. Ed. Clemens Baeumker. | Minster: Aschendorff, 1898. ‘Beitrage zur Geschichte der Philosophie des Mittelalters; Texte und Untersuchungen,’ Vol. II, No. 6.

—— Questions sur la Physique d’Aristote, texte inédit, par Philippe Delhaye. Louvain: Edition de l'Institut supérieure de philosophie, 1941. The complete commentary on Books I-IV and VIII of the Physics.

, Comprises a total of 141 questions. _ Souchon, Martin. Die Papstwahlen von Bonifaz VIII bis Urban VI und die Entstehung des Schismas 1378. Brunswick: Goeritz, 1888. Useful for lists of the promotion of cardinals. _ Steenberghen, Fernand van. Siger de Brabant d’aprés ses ceuvres inédites. 2 vols. Louvain: Editions de l'Institut supérieur de philosophie,

1931-42. ,

Based on the materials discovered by Grabmann in 1923. Strayer, Joseph R. ‘The Laicization of French and English Society in the Thirteenth Century,’ Speculum, XV (1940), 76-91.

, Strayer, Joseph R., and Charles H. Taylor. Studies in Early French Taxation. Cambridge: Harvard University Press, 1939. ‘Harvard His-

torical Monographs,’ Vol. XII. |

Works Cited 237 ‘Consent to taxation under Philip the Fair,’ pp. 3-105, discusses the various financial expedients adopted by the crown.

Stubbs, William. The Constitutional History of England in Its Origin and Development. 3 vols. Oxford: Clarendon Press, [1926—29]. A new impression of a work originally published 1874-78. Each volume has gone through several editions.

Tardif, Adolphe. Histoire des sources du droit francais: origines romaines. Paris: Picard, 1890.

— La Procédure civile et criminelle aux XIIIe et XIVe siécles, ou procédure de transition. Paris: Picard, 1885. These studies by Tardif are useful in judging the significance of

Dubois’ proposed legal reforms. .

Taylor, Charles Holt. ‘Some New Texts on the Assembly of 1302,’ Speculum, XI (1936), 38-42.

Taylor, Henry Osborn. The Mediaeval Mind: A History of the Development of Thought and Emotion in the Middle Ages. 3d (American) ed. 2 vols. New York: Macmillan, 1919. Theodulus. Theoduli Ecloga. Ed. Joannes Osternacher. Urfahr: Verlag des bisch6flichen Privatgymnasiums am Kollegium Petrinum, 1902. ‘Jahresbericht des bischdflichen Privat-Gymnasiums am Kollegium Petrinum in Urfahr,’ Vol. XV. One of the textbooks recommended by Dubois. Theodulus wrote in the ninth century. Thorndike, Lynn. A History of Magic and Experimental Science. 6 vols.

V-VI), 1923-41. ,

New York: Macmillan, (Vols. I-IV), Columbia University Preco (Vols.

— University Records and Life in the Middle Ages. New York: Colum-

bia University Press, 1944. ‘Records of Civilization, Sources and Studies,’ No. X XXVIII. Includes English translation of chapters 60-63, 71-76, 79, 83-88, of the De recuperatione, which deal with education. Throop, Palmer A. Criticism of the Crusade: A Study of Public Opinion and Crusade Propaganda. Amsterdam: Swets & Zeitlinger, 1940. A study of the loss of papal prestige from the failure of the crusades. Limited to the thirteenth century. Has neither bibliography nor index. Tosti, Luigi, conte. History of Pope Boniface and His ‘Times, with Notes and Documentary Evidence, in Six Books. ‘Trans. Eugene J. Donnelly. New York: Christian Press Association Publishing Co., [1911].

Originally published in 2 vols. (Paris, 1854). The translator has made no attempt to bring the scholarship up to date. Tout, Thomas F. The History of England from the Accession of Henry

III to the Death of Edward III (1216-1377). London: Longmans, Green, 1905. ‘The Political History of England,’ ed. William Hunt and Reginald L. Poole, Vol. IIT. Tout, Thomas F., and James Tait,: see Powicke, Frederick M.

238 Works Cited Vehse, Otto. Die amtliche Propaganda in der Staatskunst Kaiser Friedrichs II. Munich: Verlag der Miinchner Drucke, 1929. ‘Forschungen zur mittelalterlichen und neueren Geschichte,’ Vol. I. Verdier, Fernand. ‘Origine et influence des légistes,’ Mémoires de I’ Acadé-

mie de Nimes, sér. 7, XVIII (1895), 179-201. , Traces the origin and rise of the lawyer class to the time of Louis IX.

Vesnitch, Milenko Radomir. ‘Deux précurseurs francais du pacifisme et de l’arbitrage internationale,’ Revue d’histoire diplomatique, XXV

(1911), 23-78. —

Compares Pierre Dubois with Emeric Crucé, author of The New

Cyneas, published 1623. | Vigne, Pietro delle: see Piero della Vigna.

Villani, Giovanni. La cronica di Giovanni Villani annotata ad uso della gioventu. Ed. Celestino Durando. 5 vols. Turin: Libr. Salesiana, 1879. Selections from the first nine books have been translated by Rose

E. Selfe (2d ed. London: Constable, 1906). |

Vinogradoff, Sir Paul. Roman Law in Mediaeval Europe. London and New York: Harper, 1909. ‘Harper’s Library of Living Thought.’ Wailly, Joseph Natalis de. ‘Mémoire sur un opuscule anonyme intitulé Summaria brevis et compendiosa doctrina felicis expeditionis et abbreviations guerrarum ac littum regni Francorum,’ Bibliothéque de l’Ecole des chartes, sér.

2, IIT (1846), 273-315 (whole number, Vol. VIII). _ A paper read before the Academy at the séances of February 5 and 12, 1847. The same paper also appeared in Mémoires de I’ Académie des

inscriptions et belles-lettres, XVIII (1849), Part I, 435-94. Marks the

| nineteenth-century ‘discovery’ of Dubois.

Walter of Chatillon: see Gautier de Chatillon.

Wenck, Karl Robert. Clemens V und Heinrich VII; die Anfange des franzésischen Papstthums: ein Beitrag zur Geschichte des XIV Jahr-

hunderts. Halle: Niemeyer, 1882. |

—— ‘Franzésische Werbungen um die deutsche KGnigskrone zur Zeit Philipps des Schénen und Clemens’ V,’ Historische Zeitschrift, LXXXVI (1g01), 253-69.

—— Philipp der Schéne von Frankreich: seine Persénlichkeit und das

1905.

Urteil der Zeitgenossen; im Anhang, urkundliche Beitrage zur Geschichte der Erwerbung Lyons fir Frankreich. Marburg: Elwert, —— [Review and comment on Langlois’ edition of the De recuperatzone],

Mstorische Zetischrift, LXXI (1893), 151-56. . —— ‘Staat und Kirche am Ausgang des Mittelalters,’ ettschrift fiir all-

gemeine Geschichte, I (1884), 592-606.

Wieruszowski, Helene. Vom Imperium zum nationalen K6énigtum: vergleichende Studien iiber die publizistischen Kampfe Kaiser Friedrichs IT und K6nig Philipps des Schénen mit der Kurie. Munich and Berlin: R. Oldenbourg, 1933. ‘Beiheft der Historischen Zeitschrift,’ No. 30.

Works Cited 239 William of Adam. De modo Sarracenos extirpandi. Ed. Kohler, in Recuetl des historiens des crotsades, documents arméniens, IT, 521-55.

William of Nangis: see Guillaume de Nangis.

Wingate, Sybil D. The Mediaeval Latin Versions of the Aristotelian Scientific Corpus, with Special Reference to the Biological Works. London: Courier Press, 1931. Zeck, Ernst. De recuperatione Terre Sancte, ein Traktat des Pierre Dubois (Petrus de Bosco). 2 parts. Berlin: Weidmann, 1905-6. “Wissenschaftliche Beilage zum Jahresbericht des Leibniz-Gymnasiums zu Berlin,’ Programm Nos. 65, 69. These two very brief volumes comprise an analysis of the De recupera-

tione, with a short Introduction. Copy in Michigan University Library.

—— Der Publizist Pierre Dubois: seine Bedeutung im Rahmen der Politik Philipps des Schénen und seine literarische Denk- und Arbeitsweise im Traktat De recuperatione Terre Sancte. Berlin: Weidmann, Igor.

The best and most thorough study of Dubois. Bibliography, pp. xi-xvi, exhaustive to the point of including inconsequential items.

BLANK PAGE

Index Absolutio ad cautelam, 26, 34 Arnold of Villanova, 56

202 Arrow, analogy of, 186

Acre, 82; fall of, 52, 57; kingdom of, 199, = Arriére-ban, 184n

Aegidius Romanus, De regimine principum, Assyrians, kingdom of, 49 f., 87, 122n, 125,

46; De ecclesiastica potestate, 46 199

Agag, King, 77 Astrology, 50, 73 f., 106, 196, 205 Albertus Magnus, 44n, 46, 128 Augustine of Hippo, 107n, 108n

Alexander de Villa-Dei, 1277 Augustinus Triumphus, 54”

Alexander the Great, 85 f., 122, 19’7n Ausculta fili, 5, 22, 48, 169n

Alexandria, 38 Averroes, 106 Alfonso X, of Castile, 154n, 167n, 1°75 Averroism, 44 ff.

Amaury of Lusignan, 205n Avignon, papal residence, 28

Anagni, consistory of 1303, 24; conspiracy

vs. Boniface, 25, 27 Babylon, kingdom of, 122n, 199, 202

Andronicus II Palaeologus, 87, 156, 157, | Bacon, Roger, scornful of scholasticism,

176n 16; influence on Dubois, 44, 58; on

Angels, wicked, 72 f., 88, 157; knowledge heavenly bodies, 74n; on civil law ju-

and use of astrology, 73 rists, 91m; on faults of Albertus, 128n; Apothecary shop, 140 On the Uses of Mathematics, 134, 1373 on Arabic, study of, 58 f., 128 use of mirrors in warfare, 137n

Arabs, Aragon 114 4, 49Baldwin Baldwin I, II,52n 52n

Arbitration, practice of, 54; court of, 78f. Baluze, 64, 199, 206n Aristotle, as cited by Dubois, 46f.; Po- Barbarossa, see Frederick I Barbarossa litics, quoted, 70, 89, 94, 104, 136, 147, Benedict XI, 25-27 163, 180, 182, 186, 190, 190m; on war, Benedictine Order, conduct of abbots, 71 £.; Nicomachean Ethics, quoted, 72, 73, 92 f.; non-conventual priories, 92, 112 f.;

74, 88, 89, 105, 114, 133, 135, 136, 141, nuns of, 150 147, 160, 162, 163, 164, 170, 181, 182, Bernard of Clairvaux, 51, 557 186, 192, 193, 203; on young men as_ Bernard Saisset, bishop of Pamiers, 22, leaders, 73, 192, 203; Topics, quoted, 73, 1'70n, 190N go, 192, 203; Magna Moralia, quoted, Bertrand de Got, 28; see also Clement V 74, 92, 182, 190, 194; on the strength of Bezant, 204 unity, 88; on the evils of war, 71, 89, Bible, variant readings and _ copyists’ 181; Metaphysics, quoted, 103, 121, 139, errors, 106; study of, 118, 126f., 130;

140, 153, 162, 164, 171, 181, 185; teachings of, 170; see also New TestaRhetoric, quoted, 120; De caelo, 121, ment; Old Testament 138, 162; on the nature of God, 121, Blacksmiths, 136 162; De generatione animalium, quoted, Blanche, daughter of Louis LX, 154, 175 124, 139; Posterior Analytics, quoted, 131, Boethius, 104, 121, 181 164, 167; Sophistict Elenchi, quoted, 136, Bologna, University of, 12n, 17, 130n 193; on practical experience, 73, 139, Bongars, Gesta Dei per Francos, 37, 63

192; on justice, 163, 170; Physics, quoted, Boniface VIII, 8, 169n; struggle with 180; Siger’s commentary on, 129n; onan Philip IV, 5; vs. Colonna cardinals, 19, army asa unit, 103, 121, 181;0n bravery, 21; dispute with Edward I and Philip 182; on virtue, 135, 162, 186; on rule by IV, 19-28; bull Unam sanctam, 23; bull just laws, 190; on wisdom, 192; on truth, Clericis laicos, 19 ff., 184n; concession to

193; Ethics, see Nicomachean Ethics. Philip IV, 20f.; Jubilee Year, 21;

Arles, 35, 42, 49, 61, 1732; Army as a unit, arbitrator between Philip ITV and Ed103 f., 121, 181; proper recruitment of, ward I, 21, 54; bulls re sovereignty of

187 ff.; see also Warriors Pope, 22 f.; plot and charges vs., 24;

242 Index

Boniface VIII, ( Continued) 88 ff., 99 ff., 160f.; scandal in, gqn, charge of heresy against, 24, 34, 206 f.; 98 f.; unity of purpose, 103 death, 25, 207; not a polyglot, 116n; Church property, use of, in defense of the

calumny vs., 207 realm, 42, 184.f.; see also Patrimony of

Boys, schools, 58; education of, 117 ff., St. Peter 126-1325 curriculum for, 118, 126 f. Cistercian Order, 82

Breviary, The, 126 Clement V, 6, 8, 42f., 61, 168 ff.; bull Brocard, 87n , Passiones miserabiles, 9; Constitutiones, gn; Bulls, papal: Ad providam, 201n; Ausculta election of, 28; residence at Avignon, fili, 5, 22, 48, 1693 Clericts laicos, 19, 21, 28, 168; and the Templars, 29 ff.; bull 184n; Deum time (Scire te volumus), 5, 22, Rex gloriae, 34; fee from Philip IV, 35;

93”, 169; Hist de statu, 21; Flagitiosum transfer of Arelate forbidden, 35; bull scelus, 27; Inefabilis amor, 20f.; Pas- Vox in excelso, 35, 201n; nepotism, 93n; siones miserabiles, 9; Quia in futurorum, 9n; appeal to, for Church reform, gg f.; ill Quia nonnulli, 56; Rex gloriae, 34; Romana health of, 168; cardinals created by,

mater, 21; Salvator mundi, 22; Scire te 61, 171; letter from Dubois, 200, 203; volumus, see Deum time, above; Unam bull Ad providam, 201n sanctam, 23; Vox in excelso, 35, 201n Clergy, taxation of, 19 ff.; participation , Byzantine Empire, proposed conquest of, in battle, 53n; negligent, 96; immorality

tal) Prelates

6, 42, 61, 156f, 172, 176; lan- among, 11g; defense of the realm a guages, 177 (see also Languages, orien- matter of concern to, 183; see also

: | Climate, effect of, 135, 196 f., 205 Canon law, see Law, canon Coinage, 143; French, debasement of, 48, Canterbury, archbishop of, 20 IQI Capet, Hugh, 16 Colonization of the Holy Land, 39, 52, 84, Cardinals, promotion of, 36, 43, 61, 171; 125, 141, 159 reform of, 90, 93; income and revenues, Colonna cardinals, vs. Boniface, 19 ff.,

94, 101; gifts to, 102 24 f., 27

Carpenters, 136 Confiscation: of clerical property, 55, 82 f.,

_ Castile, kingdom of, 154 f., 174 f. 100, 151, 167, 173, 201, 2043; to punish Catholics, necessity for unity among, 71 f., warmakers, 76, 78, 125

. 1253 penalties for internecine war, Constantinople, 172; see also Byzantine 75 ff.; goal of, 103 f.; advantages to, Empire from the recovery of the Holy Land, Council, convocation proposed, 24, 30, 124f., 157; education of, 134.3; temporal 157, 165, 206; approval necessary, 70;

and spiritual peace among, 149; fre- convoked to aid the Holy Land, 74; to

quent wars, 163, 175 reform the Church, 88; to establish a

Catholics, oriental, and the Roman foundation, 113 f.; for action on Spain, Church, 115f.; re celibacy of clergy, 119 157; to urge recruiting, 159 |

Cato, 126 f. Council of Lyons (1274), 57, 201n; Liber

Celestine V, 19, 24 de tractandis in concilio Lugdunenst, 55 Celibacy, vow of, 40, 152 f.; clerical, 56, | Council of Rome (1302), 22 f., 28

I1Q, 153 Council of Vienne (1311), 9, 35, 45, 59;

Centurion, command of, 51, 85, 202 206n |

, Charlemagne, 49, 86, 156, 175, 197; age Courtrai, battle of (1302), 23, 52, 83n

of, 73, 197 Crates of Thebes, .105n

Charles I, of Anjou, 2002 Crusades, 14 f.; effect of, 15; new crusade, Charles ITI, of Anjou, 57, 172, 201n; plan proposals for, 15, 37-39, 52, 573; army

for a crusade, 52, 83n for, 38 f. (see also Army); French parti-

Charles of Valois, 8, 28, 31; and the cipation in, 37; financing of, 39; re-. Byzantine Empire, 6, 42, 61, 156, cruitment for, 51 f.; supplies and pro-

172, 176 visions, 82f.; route of, 86 f., 156; warriors

Charnai, 35 for, see Warriors; First Crusade, 15,

Christ, see Jesus Christ 52n; Third Crusade, 52n, 87, 18:7;

Christians, see Catholics Fourth Crusade, 53 .

Church, Dubois-re reform of, 39 f., 54f., Curia, Roman, 54n, 93 f., 101, 120, 206

Index 243 Customs, modification desirable, 108; Educational system, reorganization of, 40, conflict of, in the Holy Land, 141; uni- 117 ff., 125 f.; criticisms of, 58, 134f., formity in the Holy Land proposed, 146 see also Schools

Cyprus, kingdom of, 199 ff., 206 Edward I, King of England, 6 f., 14, 16 f.,

195; war with Philip IV, 18 ff.; dispute

Dante, 43, 49, 63, 129n with Boniface VIII, 19 ff.; supreme

De abreviatione, see Summaria authority of, 49n; ecclesiastical cases in Debt, hypothetical lawsuit, 143 Aquitaine, 60; Dubois’ eulogy of, 69 f.;

Decretals, 130 f. interest in the Holy Land, 99

Decretum, gn, 130. Egypt, conquest of, 43, 199, 201n, 202 ff. De facto Templariorum (Dubois), 33, 1152 Egyptians, play the philosopher, 171; con-

Defense of the realm, procedure for, 183 ff. version to the Catholic faith, 204; en-

Delaville le Roulx, 51 slaved, 204

Deliberatio... super agendis (Dubois), 5f., Electors, of the Holy Roman Empire, 173;

937, 122n, 169n indemnity granted to, 8o0n

Demons, Saracens assisted by, 50, 74; England, common law, 16; royal jurisdicnumerous in the Holy Land, 71; their tion over the clergy, 20, 49n; conquered foreknowledge, 74n; Satan’s army, 109; by Caesar, 1377

multiply unnaturally, 124 Enguerrand de Marigni, 10, 17

De recuperatione (Dubois), date of, 6; lost | Esquieu de Floyrano, 29 version, 7; theme of, 15; planforanew Estates General, 5 ff., 13, 33; support of

crusade, 37 ff.; ideas in, 37-43; repeti- Philip IV, 22

tious and inconsistent, 43n; manuscript Ethics, 129 f. and editions of, 63-65; division into Eudes of Chateauroux, 54 chapters, 65; postscript, 199-207, omis- Eudes of Sens, Summa de judiciis possessorits, sions in, 64, 206n 60 Desire, excited by its object, 95 f., 153 Eudes Rigaud, 1517

De torneamentis et justis, 9 Europe, peace of, 53; western, in the 13th

Deum time, forged bull, 5, 22, 93”, 169n century, 15 ff. |

Dialectics, instruction in, 146 f. Evil, the lesser, choice of, 149, 1525 sin the

Doctrinale, 127 cause of, 160 f., 170 f.; appearance to be Dominicans, see Mendicant orders avoided, 189 Donation of Constantine, 1o1n Exaction beyond necessity, a mortal sin,

Donatus, 126 185 ff.; proceeds for the Holy Land Dubois, Pierre (Petrus de Bosco), birth, fund, 194 ff.

education, and career, 3-10; pamphlets _—_ Exactions, restitution of, 194 f.

and tracts, 4-10; historical background, Excommunication, 75, 93, 150 14-36; ideas of, 36-43; reform propos- _—_ Exile, to the Holy Land, 53, 75, 77 f., 179;

als summarized, 38-42, 62 f.; influences punishment by, 77; feared as penalty, on thought of, 43-47; critical estimate 163; for recalcitrant Lombards, 174 of, 43-50;independenceof thought, 45f., | Experience, practical, 73, 135, 139 ff,

48; authorities cited by, 46 f.; not an 192, 203 intimate royal adviser, 47 f.; criticism

of Philip IV, 48f., 188; ignorance of False witness, 199 f. history, 49 f.; precedents for ideas of, | Famine, in Jerusalem, 77 50-62; truly original ideas, 61 f.; signifi- Feminine sex, frailty of, 139, 153 cance of, 62 f.; invites suggestions, 117, Ferdinand de la Cerda, 154, 167n, 175

135 f., 148n, 182, 198, 200, 203; hatred Feudalism, 16f.; military service, 42,

for the Romans, Lombards, and Ital- 187 ff.

ians, 168, 174; knowledge of inter- Feudum francum, 42, 1893n national politics, 173n; bold liberty of | Fidence of Padua, 53 speech, 188n; losses through debase- Fiefs, military service, 183 ff. ment of coinage, 191; lost letter to Figgis, J. N., re Dubois, 50 f.

Clement V, 200 f. First principle, 161 f., 181

Durand of Champagne, 132n Flanders, 17 f., 21, 49; revolt of, 1302, 23; see also Courtrai, battle of

Eberhard of Béthune, 1271 Florin, 204n

244. Index Flotte, Pierre, 22 f., 48, 1gon Granada, kingdom of, 155, 175

France, Capetian dynasty, 16 f., 36; pro- Greek, study of, 118, 128 posals for the defense and aggrandize- Greek Catholics, 53, 56, 115, 118 ment of, 37, 42, 60, 172 ff.; role in Greek Empire, see Byzantine Empire

Crusades, 37 f., 204 military resources, Gregory VII, 11 42, 184; program of expansion, 6of.; Gregory IX, decretals, on favored by the stars, 168n, 196, 205; Gregory X, would relinquish the Patri-

military system, 183-189 mony, 55, 167n; would unite military

Franciscans, see Mendicant orders orders, 57, 81n, 201n ,

Franco-Aragonese War, 154n Grosseteste, 44n, QIn

Frederick I Barbarossa, use of lawyers,17; | Guichard, bishop of Troyes, 34 as crusader, 409 ff., 86 f., 156, 1810 Guillaume de Nangis, 35n, 173n Frederick II, emperor, 12, 54n, 56; sub- Guillaume du Breuil, 7, rg1n

jugation of the Lombards, 179n Guillaume le Maire, De reformandis in

Frederick I of Aragon, 155n ecclesia, Qin; re simony, 94n | Free will, 46, 50, 73 f., 151

French, the, may aspire to the papacy, Handicrafts, instruction in, 1937 f.

168; charged with arrogance, 1692; Hapsburgs, 16 to others, 1967, 205 106, 1687, 196, 205; knowledge of, desir-

hated by the Byzantines, 177; superior Heavenly bodies, influence of, 50, 73 f.,

able, 134 oo

Gaetano, Benedetto, see Boniface VIII Hebrew language, 116n, 177

Galen, on Hippocrates, 148 i Henri de Rie, 3 f.

Garland, John of, see John of Garland Henry II, emperor, 53 . Garrisons for the Holy Land, 53,125, 156, © Henry IV, emperor, 11

160 Henry V, emperor, 12, 55

Gautier de Chatillon, Alexandreis, 86n Henry VII, emperor, 35 Genoa, bargains with crusaders, 52n; Henry II, king of Cyprus, 38, 205 quarrels with neighbors, 78, 81n;econo- Henry I, king of England, 16

mic pressure on, 174 ~ Henry ITI, king of England, 16, 54

Geoffroi of Paris, 36n | Heraclitus, 74, 90, 186 Geometer and rhetorician compared, 164 Heresy, trials, 31; charges vs. Boniface Georgics, quoted, 171 dropped, 34, 206”; denial of God’s will, Gerhoh von Reichersberg, 55 115; pope may be guilty of, 180n

83n Hippocrates, 148 —

German Knights of the Sword, Order of, | Hermann the German, 46, 130

Germans, empire granted to, 61 Histories read by Dubois, 87, 125 Germany, see Holy Roman Empire Holy Land, use of warmakers exiled to, Germany, king of, 172; invited to the 51, 77,85, 179; Dubois re occupation of,

council, 157 by Crusaders, 52; economic advantages

Ghibellines and Guelfs, 179 to be gained by conquest of, 53, 82, 120,

Gift of tongues, 122, 177 123, 202; prerequisites for the recovery

Gifts, evil of seeking and accepting, 92-95, and maintenance of, 70-74, 88, 158; de-

-102 fense of, 85, 160; districts for settlement,

Girls, education of, 41, 117-120, 1398f.; 85, 159, 201 f.; mobilization and asmarriage to non-Catholics and Sara- signment of settlers, 85, 159 f.; granted cens, 41, 59, 118 f., 124; to physicians, to the Israelites, 104. f., 153; sanctified 131; schools for, 56 ff.; curriculum for, as scene of the life of Christ, 104, 148;

118; training in monasteries, 150 ff. foundation for, 114, 117f., 123 ff,

Godfrey of Bouillon, 156 134-138, 14.7, 151, 158 f. (see also Educa-

Golden Legend, 126 tional system); measures for the well-

Good, choice of the greatest, 152 being of the inhabitants, 114, 141 f.; Governmental changes in the thirteenth adoption of local customs by immi-

century, 16 ff. grants, 141; not to be peopled by

Gradual, the, 126 sinners, 161, 195; proposed aid for, a Graecismus, 127 new alternative for military force, 164;

Grammar schools, 56, 58 f. rulers of conquered areas, 177 f.

Index 245 Holy Land, fund for: 78, 81 ff., 102, 195, Jerusalem, kingdom of, secretaries needed,

202, 204; administration of, 85, 158 f., 114; value to the king of Sicily, 171, 177, 201 f.; bequests as additions to, 2003 succession to, 201; king of Cyprus

102; disposition of, 204. should renounce, 206

Holy Roman Empire, proposed acquisi- Jesus Christ, Savior of mankind, go, tion by the French, 8, 42, 61, 81n, 160 f.; teachings of, 90, 122, 138, 169; 172 ff.; strife between the Hohen- duty of prelates toward, 97 f. staufen emperors and the popes, 12f.; Job, 188 urban leagues, 13; feudal basis, 16; John of Beauvais, 132n wars of succession, 80f.; annual sub- John of Garland, Morale scholarium, 129n

sidy for the Holy Land, 81 John of Paris, 1807

Hospitalers, support Philip IV, 28; con- John XXI, Summulae logicales, 130n

solidation with other orders, 57, 81f., John XXII, pope, 12; Extravagantes, gn 200 f.; priories to be used for schools, Joinville, on restitution for wrong, 195n 117; legacies carelessly administered, Jordanus of Osnabriick, 61 158; property to be used for the king- Josephus, cited, 77 dom of Jerusalem, 171; Templar Jousts, see Tournaments and jousts property granted to, 201; see also Jubilee Year (1300), 21 f., 48

Military orders Judas Maccabeus, 88 f. Hugution, 72n, 140, 171 of, 163

Hugh de la Celle, 176n Judges, yearbooks, 144 f.; coercive power

Humbert, confessor of Philip IV, 30 Judgment, corrupted in four ways, 94,

Humbert de Romanis, 55 185, 190; in legal cases, 144 ff., 148; Hystoria Hierosolimitana, 87 method of arriving at, 152 Julian law of majesty, 98, 179

Indulgence, 77, 195 Jurisdiction, temporal vs. ecclesiastical,

Injustice, 95; may arise from a general 49n, 60, 92n; over sovereign princes,

law, 107, I10 48-80; of secular princes, 111

Innocent ITI, 19; ve right to arbitrate, 54 Jurists’ ignorance of canon law, 91 Innocent IV, 54n; bull ve oriental lan- Justice, administration of, in Holy Land,

guages, 57, 114n 753 severity of secular, 111; if all were

Intellect, 147 194

Inquisition, and the Templars, 30 ff. just, 163 f., 170; king should render, Interest charged by the pope and cardi- Justinian, the lawgiver, 136, 149, 178, 190 nals, 93

Investitures, quarrel over, 11 f., 55 Kampf, Hellmut, 64

Iron rod sent by God, 170f. Keeper of the Great Seal, 17n, 31

Isidore of Seville, 117n King, temporal authority of, 49n; judges

Israelites, punished for betraying Jesus, negligent physician, 95 f.; choice of war

77; Holy Land granted to, 104, 153; leader, 97; should shorten litigation,

transmit Mosaic law, 161; demanded 148; entrusted with God’s power, 149;

a king, 199 qualities of, 199

Italian cities, profit from crusades, 15; Kingdoms, Catholic, occupation of the commercial monopoly resented, 15, Holy Land, 84 f. 124; to be controlled by France, 42,173; King of the French, emergency war bargains with Crusaders, 52; hinder re- measures, 42, 183-186; expansionist poli-

covery of the Holy Land, 78; arrogance, cy, 6of.; penalties for insurrection 174; subjugated by Frederick ITI, 179 against, 76 f.; delegation of war to

Italy, 15 others, 178, 180 ff., 196 f., 203; revenues, 111; advantages of having a French

Jacobus de Voragine, 126n pope, 168 f.; income from the Church,

Jacques de Molay, 29 ff., 35, 207n 168n; suzerainty over other kingdoms,

Jacques des Normands, 5n 172 f.; ancestors’ untimely deaths, 180n,

James II, of Aragon, 29 196n; begetting children, 180, 182, 196, Jean de la Forét, 176 203; difficulty of judging necessity, 186; Jeanne of Navarre, 34 negligent in exacting military service, Jerusalem (city), 77, 85 188; accustomed to luxury, 192; restitu-

246 Index |

King of the French (Continued) Levée en masse, 184.f., 188 f., 192 tion of exactions, 194 ff.; may ignore Leevites, example of, 104 f., 153

crusading vow, 203 Libellus super abreviatione guerrarum et hujusKings, Catholic eastern, 202 modi provisionibus (Dubois), 176n

| Lives of the saints studied, 126, 132

Langlois, C. V., research on Dubois, 3, 7; Logic, instruction in, 118,128, 130n, 138,

editor of De recuperatione, 63-65, 206n 146 ff. ,

Languages, knowledge of, 122 f.; modern, | Lombards, 168, 174; rebellion, 179

45, 583 unity promoted by, 118 Lombardy, 78; economic pressure on, 174 Languages, oriental, purpose of study, Lorraine, duke of, 77 57 ff., 114.f., 136; bull re, 57, 1147; Louis VIII, death of, 196n popes lack knowledge of, 116; value of Louis IX, Saint, 54, 175, 201n; legal reknowledge of, 116, 118ff., 177; teachers organization effected by, 17; canoni- —

to be sought, 136 zation of, 21; death of, 180n, 196n; self-

Languedoc army, 155 examination of his administration, 1957; Latin grammar, 118, 126, 163” suggested union of military orders, 2012 Law, canon, 11 f., 130; compilations of, Louis of Bavaria, 12

gn; as cited by Dubois, 47; students Louis of Evreux, 203 :

abandon the study of, gof.; civil ju- Louvre assembly (1303), 24, 28”; (1307), _

rists ignorant of, gin; re prelates, 95; re 31 ,

scandal, 98; re effect of sins, 99;revision Lull, Raymond, influence on Dubois, 45; of, 107, 109 f.; abridgment of, 131 f.; re- opposes Averroism, 46; proposed con-

forms, 145 f. | solidation of military orders, 57; pro-

Law, civil, 11 f., 91; Ravenna school, motes language study, 58; proposed 11 f,; in France, 17; as cited by Dubois, crusade route, 86n; educational pro-

- 473 students flock to, g1; re power of jects, 115n |

example, 96; revisions permissible, 107; : : abridgment of, 131; study of, 131; | Maccabees, 160 f.

Vacarius’ manual, 132n; new methods Mahaut of Artois, Countess, 10 for lawsuits, 143 f.; advice to prospec- Majorca, king of, 58, 155, 174 -

tive lawyers, 146f.; cases cannot be Manuals, for use of students, 129, 132

reopened, 194 ! Marie of Antioch, 200

Lawgiver, see Justinian Marino Sanudo, 87n Laws, suitability of changes in, 107f.; Mark, silver, 143 ) reform in, 146; mastered quickly by Martial music, for Crusaders, 39, 51, 159, proper training, 132, 142; evil may fol- 202 low from a good law, 152; rule by, Mass, 119, 123, 126, 151

189 f. Mathematical sciences, 120, 134,137

Law schools, 11 f., 17, 120, 130 Matilda of Tuscany, 11 f.

Law students, 140 | Matthew of Vendéme, 1272

Lawsuits, written procedure preferred, Matthew Paris, 81n 41, 60, 79, 144.f., 148; among princes, Medicine, care of wounded, 84; study of, 78 ff.; evils of, 89, 142; clerical preoccu- 118, 131; advantageous to women, pation in, 91; new method described, 119 f.; usefulness of, 123; schools of,

143 ff. 139; see also Surgery -

Lawyers, professional class, 17; oratorical | Mendicant orders, replaced by royal offi-

tricks, 41, 148; effect of Church reform cials, 17; should cease begging, 39f.,

on, 103; large fortunes, 1917 153; Franciscan embassy to the Tatars,

Lecture system in the universities, 128n, 58; Franciscan mission to the Moslems,

12Q9n 58 f.; prelacies rejected by, 99n; ac-

Legal procedure, 60; reform of, 41; for quainted with the world, 11gn, 152; settlers of Holy Land, 141 ff.; repay- acquainted with the evils of litigation, — ment of debt, 143; arguments against 142n; divine service shortened, 151;

. proposed reforms, 145 f.; judgment in, men of sound judgment, 152; enlist 146 f.; see also Lawsuits . persons useful to the Holy Land, 159;

Legere Bibliam biblice, 130n should examine the De_ recuperatione, Legion, biblical story, 71 167 . }

Index 24.7

Mercenary troops, 18 Normandy, 3, 189

Middle class, appeals to, 11, 13; rise of, | Notre Dame assembly (1307), 31 17f.; wealth of Flemish burghers, 21 Nunneries, schools for girls, 40, 56; con-

Military art, instruction, 136 duct and financing of, 150 ff. Military orders, consolidation of, 8, 40,

56f., 81f., 20of.; support Philip IV, Old Testament, as cited by Dubois, 47; - 28n; confiscation of property proposed, symbol of the New Testament, 104; 40, 56, 82 f., 201, 204; establishments changed by the New Testament, 107f.; in Palestine, 53; quarrels among, 57, should be studied in the schools, 118 81n; Cistercian Order to receive, 82; On the Shortening of Wars (Dubois), 176 new royal order proposed, 200f.; see Onthe Uses of Mathematics (Bacon), 134, 137

also Hospitalers; Templars; Teutonic Opposites, 94; cannot be reconciled by

Order God, 122; virtue and vice, 186

Military service, required of prelates, 53m, | Orient, expeditions to, 15 f.

102; obligation of, 183 ff.; hiring of Oriental commodities, 82, 120, 123, 202, substitutes, 187 f.; proper discharge of, 205

189; remission of, 192 f. Oriental peoples, 115 f., 177 Minorites, 58 f., 159, 167 Orleans, University of, 4, 17 Mirrors,use in warfare, 44, 137 Orsini, Napoleone, 28

Missal, the, 126 Orsini rescue Boniface VIII, 25

Molay, see Jacques de Molay Ovid, quoted, on the native land, 141 Mollat, Guillaume, 64, 2062

Monasteries, commercial agents of, 55; Palaeologus, see Andronicus II | . reforms re properties of, 55, 112-114; | Pamphleteering, 10-13, 20 perils of the monastic vow, 108”, 152f.; Papacy, struggle with the Holy Roman

to be administered by secular clergy, Empire, 11 ff.; conflict with national 110 f.; see also Nunneries; Priories; state, 14, 19 ff., 36; alliance with the

Monks Khan, 16; revenues, 20, 100; conclave

Mongols, 38, 857; see also ‘Tatars of 1304-05, 27 f.; reform of, 40; plan to

Monks, conduct of, 40, 92 f., 112 retain in France, 42f., 61, 168 ff.;

Monostica, 129 curia, 54N, 93, 101, 120, 206; as a court Moslem learning, 16 100; French may aspire to, 168 f.; see

Moses, 116 of appeals, 79 f.; fomenter of wars, 93, | Moslems, see Saracens also Pope

Mouzon, conference of (1023), 53 Papal bulls, see Bulls, papal

Music, study of, 126 Paris, beneficial climate of, 50, 196, 205,

University of, nations at, 4; Siger de National state, national unification, 14; Brabant at, 4, 129n; opinion re case of royal prerogative, 16f.; sovereignty Templars, 32; Dubois as student, 43 f.; challenged, 19; victory over papacy, Averroism at, 44; Norman nation, 44;

36; influence on Dubois, 62 language study at, 57, 114”; curriculum, Naturalia, 128, 130 58 Natural science, instruction in, 120, 128f., | Parlement of Paris, 60 131, 138f.; desirable knowledge of, Part, relation of the whole to, 160, 186

1343; practical use of, 137 Patrimonies, reforms concerning, 102 f., Nature altered by habit, 114, 133 105 f.; pretext for abuses, 109 Navarre, kingdom of, rrof., 155 Patrimony of St. Peter, 40, 42, 48, 553

Negociatores ecclesiae, 55 wars in defense of, 93; transfer of, 100,

New Testament, as cited by Dubois, 47; 167, 173, 178; livings in, for cardinals, symbolized by the Old Testament, 104; IOI changes in respect to the Old Testament, Peace, necessity for maintenance of, 39, 107 f.; should be studied in the schools, 53 f., 71ff., 88f.; punishment for violat-

118 ing, 75-78, 125, 150, 163, 178; inter-

Nicholas IV, 38, 537, 57, 817 national court, 78 ff.; conditions neces-

Nobles, sons made monks, 92; obligation sary for, 88f; universal, 89, 161, 163; of, in defense of the realm, 187; ac- pope should work for, 100, 149, 163;

quisition of wealth, 192 f. gives leisure for learning and the vir-

248 Index

Peace (Continued) Pierre d’Etampes, 6

tues, 134, 181; goal of the military art, Piero della Vigna, 3, 12

136; covenant of, 178 f. Pilgrims, hazards in Italy, 168n

Peace, league of, eleventh-century prece- Pisa, 78 |

dents, 53, 537; establishment of, 74, Plasian, 48; case against the Templars, 150, 156,161 ff.; punishment for violat- 30N, 33 ing, 75-78; oaths to support, 150,178; Plato, on the purpose of speech, 115; will end Italian arrogance, 174; guar- trained boys in virtue, 133

antee of mutual aid, 205 Poenitentia ad cautelam, 26n

Peiping, archbishopric established at, 16 Polo, Marco, 15

Pentarchos (numerical term), 52n Polygamy among Saracens, 70, 124.

Pentharcos, 115 Pons d’Aumeles, 176n

Peter, St., 90, 122, 157, 161, 170 Pope, power of, 8; French, 42 f., 61,

Peter I de Lusignan, 38 168 ff.; punishment of warmakers, 75; ] Petrus de Bosco, see Dubois, Pierre the king of the French, 76n; duties of, Pharaoh, hardness of heart, 171, 195; go f.; reform should begin with him, enslaved Egyptians, 204 go; vicar of Christ, 90, 123, 157, 161;

| Peter of Spain, see John XXI recognition of temporal jurisdiction of

Pharmacy, 140 gifts to, 93 f., 102; instigates wars, 93, Philip III, of France, Aragon expedition, 100, 101n; temporal power, 93; interest

4, 49, 196n; proposed confiscation of charged on loans, 94; selection of the papal patrimony, 55, 167n; assists leaders, 97 f.; disposition of revenues

: Martin IV, 93”; intervenes in Castile, suggested to, 100; revenues, rights and

154n; death, 180n, 196n; imposes tax on duties, 100 f., 168; head of the univer-

free fiefs, 183n sal Church, 115 f.; not a master of

Philip IV (the Fair), of France, 4 ff., 8, languages, 116; judgments rendered by, 13, 17, 61; rise of law, the scholars 147 f.; duty to establish lasting peace,

under, 18; war with Edward I, 18 ff.; 161; temporalities, 167f.; misuse of dispute with Boniface VIII, 19 ff.; re power, 169 f.; snatches at others’ libertaxation of clergy, 20; excommunicated, ties, 169 f.; possible guilt of, 180; see 23 f.; plot vs. Boniface, 24 f.; absolved also Papacy and under names of popes by Benedict XI, 26; and the Templars, Portugal, kingdom of, 155

28-35; imperial candidacy urged, 81n; Power, Eileen, 51

ministers, gin, 176n, 19g0n; expansion of Prayers, 88; for recovery of the Holy

suzerainty, 172, 174f.; Waucouleurs Land, 74, 99, 158, 189 agreement, 173; at Toulouse, 176; itin- Preachers, training of, 130, 132, 140; erary, 176n; advised against personal inability to stop wars, 164 | leadership in war, 177 ff.; duty to Preachers, Order of, 99n, 151, 159, 167

remain in France, 180, 182n, 196f., Prelates, conduct of, go ff.; knowledge and 203, 205; summons of the arriére-ban, practice of civil law, 91 f.; wicked, evil 184n; misled by counsellors, 187, 188, example of, 91, 95, 99, 105; neglect of

192; should promise restitution to spiritual matters, 96 ff.; proper activi-

clergy and people, 194; urged to claim ties of, 96 f.; enriched by Christ, 97 f.; the kingdom of Acre, 200; Templar selection of subordinates, 97 f.; patriproperty retained by, 201n; remarriage monies of, 102 f., 105; oppose reform, suggested, 203; drops charges vs. Boni- 103, 105; defense of patrimonies, 109; face VIII, 206n; advised to confer with deceived by Satan, 110; reforms pro-

Clement V, 207 posed for, 110; immunity from temporal

Philip V (the Long), of France, kingdoms authority, 111 f.; administrators of ecproposed for, 199 f.; re the Templars, clesiastical property, 113; fornicators g201In; substitute for Philip IV, 203; admitted to holy orders, 119n; educa-

should remain in France, 205 cation of, 133; against reform, 193”

Philosophy, study of, 125 Prices, regulation of, 123 f; increased by

Physician and boy, allegory of, 95 debased coins, 19!

Physicians, scarcity of, 114; wives should Prince, duty to rule for the common good,

be trained in medicine, 131 : 4n; arbitration of disputes among, 78-

Pierre de Latilli, 1762 80; contribution to new crusade, 84; re-

Index 240 sponsibilities of, 111, 178ff.; should Roffredus, 145 seek the common good, 182; experience Roman de la rose, 56

of other walks of life, 192; proper con- Romans, poisonous plots, 168; will lose duct of, 194; lives shortened by cru- the papacy, 169 f.; arrogance, 174

sades, 204. Rome, what ought to be done there, 106,

Priories, non-conventual, 92 f., 112 f. 189; treatment of pilgrims in, 1687;

Priscian, 163 senator, 173

Pro facto Terre Sancte (Dubois), 8, 80n, 81n, | Routes to the Holy Land, 86 f., 156

86n, 87n Royal jurisdiction, 3n

Proofs, legal, 146 Royal power, 47; centralization of, 17 Provence, French designs upon, 173 Provisio defined, 114n Saints, Golden Legend, 126

Psalter, 123, 126 Saladin, 49, 87

Public opinion, appeals to, 10-13; in Sancho IV of Castile, usurps the kingdom,

attack on Boniface, 24 154.f., 174

Punishment, excommunication, 75, 93, Sanctions, economic, 76 150; exile, 75, 77, 163, 179; of war- Saracens, alliance to crush, 16; demons makers, 75 ff.; amputation, 77n; ordi- assist, 50, 70f., 74; prolific, 70; marriage nary penalties ineffective, 163; to be to Christian girls, 124; polygamy, 124; exacted for breach of peace covenant, Granada held by, 155

178 ff. Sardinia, kingdom of, 42, 155, 172

Purses of monks, 92, 113 Satan, instigates opposition to reform, 50, 109, 145, 151, 158; hinders recovery of

Quaestiones, 129 f. the Holy Land, 72; instigates wars, 77; |

: snares forsouls, 108”; demons, army of,

Raciones inconvincibiles (Dubois), 5, 169, 170n 109 f.; father of lies and dissension, 109,

Raoul of Brienne, count d’Eu, 200n, 206 162, 185, 193; ruin of souls, 109 f.; re-

Rashdall, Hastings, Universities, 59n cords our sins, 195

Ravenna, 12n Saul, deprived of his kingdom, 77, 170;

Raymond Martini, 59 _ disobedience, 77; chosen by God, 199

Raymond of Pefiaforte, 59 Scandals, in the Church, 98

Reason, judgment perverted in four ways, Scholasticism, 43; height of, 14, 16, 1o6n 94, 185, 190; judgment of, 147; method _Scools, features emphasized, 41; financof weighing good and evil, 152; from ing of, 41, 117 f., 150; specialization of,

cause to effect, 160 f., 170 f. 41, 120; provincial, 117; selection of

Rebellion, result of sins, 171; punishment students, 117, 125; curriculum, 118 ff.,

178 f. 130 ff.; accelerated program, 125, 127;

Recovery of the Holy Land (Dubois), see De course of study, 125-131; method of in-

recuperatione struction, 126, 130, 134, 136; use of

Reform, proposals, 48; extreme, 101 ff.; graduates of, 136, 142; weak retained answers to opponents of, 106 ff., 134 f., to teach, 136, 139

145 f.; see also under Church Sciences, 41, 129, 131, 145

Religious education, 139 Scriptures, use of the wisdom of, 89; prel-

Remontrance du peuple de France (Dubois), ates should use, 96, 104; copyists’

33, 937, gon errors, 106; faith the means of under-

Renan, Ernest, 7n, 115n, 130n, 140n, 1697, standing, 160; war condemned by, 161;

172n; re Dubois, 50 God’s commands issued through, 170; Restitution, for extortion, 194 f. Testament Rest camps, for crusaders, 39, 52, 84. see also Bible; New Testament; Old

Rex gloriae, 34 Sellery, George C., vil Rhetorician and geometer compared, 164 Seville, 58, 1157

Rhineland, 173 Sicily, king of, advantages of Dubois’ plan, Richard Leneveu, 3, 5, 169, 1'70n 167, 171 f.; aid in conquests, 174 f.; Richard I Lionheart, 16, 54n claim to Jerusalem, 200; to exercise the

Rigaud, Eudes, 1517 rights of the king of Cyprus, 206; see also Robert of Naples, 35, 155” Charles IT of Anjou Robert the Pious, 53 Siger de Brabant, 3, 16, 44, 129, 189

250 Index

Simony, 93 f., 102, 104 | king should not campaign in person,

Sin, 96f.; of prelates, gof., 95-99; 182n; on French military resources, | mortal, 98. 108”, 184. f.; causes disease 184; popular criticism of the French and death, 116; syllogism on, 121; evil king, 188”; on debasement of coinage,

results of, 160 f., 170 19in; disregard for the good of the

Socrates confused with Crates, 105n commonwealth, 193n; few dare dispute

Solomon, wives led him astray, 59, 1193 the prelates, 193”; French best fitted to wealth granted to, 88, 182; example of, rule the world, 196n 100, 194; Queen of Sheba commends, Summutae logicales, see John XXI (pope),

120 130n

Song of Roland, 73n, 197n Super abreviatione guerrarum (Dubois), 6, 176 Souls, salvation of, 90, 98; physicians of Supplication du pueuble de France (Dubois), 6,

souls, 95, 97, 114; perdition of, 99; 78n, 115n, 116n Satan would destroy, 109; prelates to Surgery, study of 118, 131; veterinary

guide, I11 : surgery, 118, 131; schools of, 139

Sovereignty, issue between Church and Syllogism, used by Dubois, 43; on sin, state, 14, 19-28; Boniface’s bulls re, 121; the finished argumentation, 146 f. 22 f.; of princes, 76, 78

Spain, war of succession, 154 f.; French ‘Tactics, military, against rebels, 76; sovereignty over, 175; objects to con- Tatar, 85f.; handbook on, 176 f.

solidation of orders, 201n Tardif’s conjecture on Dubois, 1327

Spanish accustomed to war, 71, 160; Tatars, Dubois’ knowledge of, 15; Fran-

neglect the Holy Land, 71 ciscan embassy to, 58; migration of, 70;

Speech, purpose of, 115 embassy to Clement V, 85; method of

Spices, 124, 202 waging war, 85 f; example of their king, | Stars, see Astrology; Heavenly bodies 203 State, to be ruled by just laws, 190 Taxation, of the clergy, 19 ff. Stellingua, 143n Teachers, licensed at Paris, 58; ClemenStephen of Blois, quoted, 15 tia, doctrix puerorum, 59; scarcity of, 134;

Subsidium defined, 114n importance. of their own subject, 135; Sultan, willingness to cede the Holy Land, of languages, 136; weak to be retained

200; harassed by the new military as, 136, 139 order, 201; income of, 204 Templars, attack upon, offers Dubois an Summae of John XXI, 130, 132 opportunity, 7; Philip [V’s attack upon,

Summaria (Dubois), royal jurisdiction 28-35; Dubois pamphlets re, 33; bulls hindered, 3n, 4n; Aragon expedition ré, 35, 201n; burned at the stake, 35; considered, 4n; composition and date of, abolition of, 35, 49, 56 f., 201, 207n; ex-

4f., 176n, 183n; king should not be a pelled from Sicily, 56 f.; property to be tyrant, 4n; reference to eastern trav- confiscated, 81 f., 171, 200f.; quarrels elers, 152; on authority of Edward I, =~ with the Hospitalers, 81n; Nogaret 49n; Langlois’ use of, 64; on war, 727; attacks, 83n; priories to be used for on influence of heavenly bodies, 747; schools, 117; legacies to, useless, 158; on jurisdiction of the French king, 767; disposition of property of, 200 ff., 204; treatment of rebels, 77n; on the Tatars, apostasy and hyprocrisy of, 31, 206; Boni-

-85n; Patrimony of St. Peter, 1007; face VIII bribed to ignore, 207; see modification of decrees is permissible, also Military orders . 1087; on the spirit of reform, 108; | Temporalities, clerical, 55, 9o0f.; papal

debatability of an ethical problem, to be granted to the French king, 55, r1on; re clerical celibacy, 119n; re 167; made over to a perpetual trust, Hugution, 140; re lawsuits, 142n; re 110 f.; see also Patrimonies criticism of Dubois’ proposals, 148n; Teutonic Order, 52, 57, 811

re Charles of Valois, 156n; re Patrimony ‘Textbooks, 58, 126-130 of St. Peter, 168n; Roman treatment of | Theodulus, 127 pilgrims, 168; subjection of Germany, Thomas Aquinas, 3, 14, 44, 121 172n; Vaucouleurs interview, 1737; on ‘Thomas of Cantimpré, 129, 1297

the Lombards, 174n,179n;onthedeath ‘Tithes, granted to the Levites, 105; of a prince while campaigning, 1817; crusading, 204

Index 251 Tobias (Matthew of Vendéme), 127 Volunteer system, for crusades, 51

Tolerance, 138 Vulgate, as cited by Dubois, 47

Toulouse, 157”, 165, 176

Tournaments and Fousts, 9 War, evils of, 71 f., 89, 181; permissible

Trade, Italian monopoly, 15, 522; advan- as means to peace, 72; exile of aggres-

tages of Dubois’ plan, 39; oriental sors, 75, 77, 163, 179; preventive war, goods, 82, 120 f., 123, 202, 205; in- 75-78; Satan instigates, 77; tactics, 86, creased by recovery of Holy Land, 176; popes instigate, 93, 100, 101In; 123 f., 202; handicrafts will stimulate, causes, 109, 121 f., 141; mechanical arts 138; Arab, to be shared with Catholics, in, 136; difficulties of prevention, 161, 157; effect of debasement of coinage on 163 f.; means of shortening, 182

position of, 191 f. War leaders, youths not chosen as, 73; the king of Sicily, 206 g7f.; administrative duties, 180; re-

Tunis, route through, 867; to be promised centurions subject to, 85; selection of,

Tuscany, communes, 78; transportation placements for, 181, 197 to the Holy Land, 87; papal rights in, Warmakers, punishment of, 75-78, 150,

100n; revenues due the pope, 1687; 163, 179

arrogance, 174. Warriors, uniforms, 39, 52, 83; equip-

Tyrant defined, 4n, 182 ment, 81 f., 159, 202; transportation of,

82, 86 f., 159, 202; for the Holy Land,

Unam sanctam, bull on temporal authority, 83 ff., 159, 202; recruitment of, 85, |

23 159, 175 f.; funds for, 158 f., 202, 204;

Uniforms, martial, for crusaders, 39,52, education for their children, 159

83, 159, 202 Wieruszowski, Helene, 1177

Unity, Christian, 74 f., 88, 103, 117, 122; | William Duranti, 56

army as a unit, 103, 121, 181; lan- William of Adam, 86

guage study will promote, 118, 122 Wiillam of Nogaret, 8 f., 17, 48; plot vs. Universal monarchy impracticable, 121 f. Boniface, 24.f.; and Benedict XI, 26 f.; Universities, law training in, 17; women attack on the Templars, 30; absolution, excluded, 59; monks live luxuriously in, 34, 36; re military orders, 83n

93; lecture system, 128n Wisdom, Scriptural superior to human,

Urban leagues, 137 89; the true and only, 100; acquired by

| experience, 192

Vacarius, law treatise, 132n Women, education, 59, 118 ff.; to be Vaucouleurs, agreement, 48, 173n shunned, 96; see also Girls Venice, 527, 78, 174 World, no single master of, 78 f., 121, 122 Vergil, quoted, 140n, 171 Written procedure, advocated, 41, 60; for

Vienne, Council of (1311), 9, 35, 45, 56, depositions, 79; in court, 144; for

206n lawyers’ pleadings, 148

Villani, 27n, 28

Virtue, kindled by difficulties, 74, 186; ‘Younger sons,” 204 virtues do not grow old, 135; nature of, | Youths, ineptitude as leaders, 73, 97, 162; peace gives leisure to acquire, 181; 192, 203; training of, 118

and vice, 186 Ypres troops at Courtrai, 52n, 83n

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