The Recovery of the Holy Land: Translated with an Introduction and Notes by Walther I. Brandt

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The Recovery of the Holy Land

NUMBER LI OF THE RECORDS OF CIVILIZATION, SOURCES AND STUDIES

Austin P. Evans, Editor

P I E RRE D U B O I S

The Recovery of the Holy Land Translated w ith an Introduction and N otes by

W A L T H E R I. B R A N D T

COLUMBIA U N I V E R S I T Y PRESS New York 1956

PRINTED IN THE NETHERLANDS

Library o f 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 C IV ILIZA TIO N , SOURCES AND STUDIES EDITED UNDER THE AUSPICES OF THE DEPARTMENT OF HISTORY, COLUMBIA UNIVERSITY

Editor A u st in

P. E v a n s , Ph. D.,

p r o f e s s o r e m e r it u s o f h is t o r y

Advisory Board S a l o Ba r o n ,

d . h . l ., p r o f e s s o r o f J e w is h h is t o r y , l it e r a t u r e , a n d

in st it u t io n s o n t h e m il l e r f o u n d a t io n ; d ir e c t o r o f t h e

CENTER OF ISRAELI STUDIES D lN O BiGONGIARI, DA PONTE PROFESSOR EMERITUS OF ITALIAN

C a r l t o n J . H . H a y es,

l it t . d ., s e t h l o w p r o f e s s o r e m e r it u s o f

HISTORY

G il b e r t H ig h e t ,

m .a ., a n t h o n p r o f e s s o r o f t h e l a t in l a n g u a g e

AND LITERATURE

Paul

O. K r is t e l l e r ,

p h .d ., a sso c ia t e p r o fe s s o r o f p h il o s o p h y

R o g e r S h e r m a n L oom is , R

obert

M

o r r is o n

l it t . d ., p r o f e s s o r o f

M acI ver,

En g l is h

l it t . d ., l ie b e r p r o f e s s o r e m e r it u s

OF POLITICAL PHILOSOPHY AND SOCIOLOGY

J

ohn

T h o m a s M c N e il l ,

d . d .,

auburn

pr o fesso r

of

church

HISTORY IN UNION THEOLOGICAL SEMINARY

G a r r e t t M a t t in g l y , L a w ton J am es

p h . d ., p r o f e s s o r o f h is t o r y

P. G. P e c k h a m ,

T. S h o t w e l l ,

p h . d ., p r o fe s s o r o f f r e n c h

l l . d .,

bryce

p r o f e s s o r e m e r it u s

HISTORY OF INTERNATIONAL RELATIONS

L y n n T h o r n d ik e ,

l . h . d ., p r o f e s s o r e m e r it u s o f h is t o r y

of th e

To E lsie

Preface MY ATTENTION was first called to Dubois a good many years ago during a course of lectures on the Renaissance by Dean George G. 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 dis­ couraged by the difficulty of turning Dubois’ involved Latin sen­ tences 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 sugges­ tions. 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 attem pt 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 Bibliothèque nationale for furnishing me with photostats of the manuscripts of Dubois* two major treatises and to the library of H arvard University for the loan of certain volumes otherwise in­ accessible. 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 sugges­ tions of those who have so kindly assisted me, and any errors of translation are my own responsibility. W a l t h e r I. B r a n d t New York City June 14, 1955

Contents INTRODUCTION Biographical Sketch of Pierre Dubois

3

The Appeal to Public Opinion

10

Historical Background

14

The Dispute with Boniface V III

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 M anuscript and Editions of The Recovery o f the Holy Land

63

TEXT The Recovery of the Land: Part I

69

The Recovery of the Holy Land: Part I I

167

Appendix

199 LIST OF WORKS CITED

I. The Writings of Pierre Dubois

211

II. Works on Dubois and His Times

216

Index

241

Summary Chapter Titles of The Recovery of The Holy Land PA R T I Salutation; i. 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. Indul­ gence 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. A rbitra­ tion 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. Per­ manent garrisons for the Holy Land (84); 18. Colonization of the Holy Land (84) ; 19. W ar 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. T atar 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 car­ dinals caused by insufficient income (94) ; 36. Corrupt prelates give

xiv

Summary Chapter Titles

a bad example (95), 37. The Church is scandalized by corrupt pre­ lates (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 pro­ visions for the pope and prelates (101) ; 41. Expedients for financing the Holy Land (102); 43. Tax on all beneficed clergy (102); 44. O ther sources of income (102); 45. Confiscation of prelates5 patri­ monies (102) ; 46. A reformed and united Christendom will seek one goal (103) ; 47. Proofof the desirability ofthe proposed reforms (104); 48. Prelates5excuses anticipated and answered (105) ; 49. When good laws work injustice exceptions should be made (109) ; 50. Reform of the regular clergy ( n o ); 51. Secular authorities should enforce reforms (n o ); 52. Why secular princes cannot give up their tem­ poralities ( i n ) ; 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 Dubois5 proposals (123); 68. Further economic advantages (124); 69. Trained girls might m arry easterners (124); 70. Trained scholars will insure Christian domination (124); 71. Recommended text­ books (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 perm it acquiring experience (135); 82. Suggestions for improvement invited (135); 83. The physically weak may be­ come 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

m arry 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 ofjurisprudence 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. per­ manent 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 oathbound 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 M editerranean (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). P AR T I I n o . Edward should transmit these suggestions to the pope (167); i n . 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 rem ain at home (177); 119. The king has im portant 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

xvi

Summary Chapter Titles

ample feudal resources of the French king (189); 132. Objections based on precedent are invalid (189); 133. M ankind 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 i. 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 Tem plar O rder 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 (203) ; 10. 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 brevis et compendiosa doctrina felicis expedicionis et abreviacionis guerrarum ac litium regni Francorum, is consistently cited by Langlois under the title De abreviatione; I have followed Hellmut K äm pf’s example by citing it as the Summaria. Citations are both to manuscript folio and to pages in the definitive edition by Kämpf, since much was w ritten 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 Corpusjuris 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. W ith 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.

Introduction BIOGRAPHICAL SKETCH OF PIERRE DUBOIS O U R IN FO RM A TIO N 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 Fred­ erick II. Never a member of the official family of King Philip the Fair, he remains almost without mention in the body of archive m aterial 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 m aterial 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. T hat 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,2 and Richard Leneveu, and the fact that his fellow citizens of Coutances twice expressed their confidence in him by selecting him to represent them in the Estates General. T hat 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 Schönen von Frankreich (Frei­ burg, 1898). * In his earlier treatise, the Summaria (fol. 200; Kämpf, 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 impair­ ment. [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 Goutances. The next established episode in his career is the disaster which befell Philip I I I on his expedition against Aragon in 1285, the king dying of disease during the retreat. Dubois was now sufficiently m ature and experienced to ponder on public affairs; the episode evidently made a deep impression on him .8 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.3 4 The fruit of these musings was his maiden effort to gain public attention for his reform ideas: a pam phlet directed in 1300 to Philip IV under the bombastic title, A Brief Summary and Concise Plan for the Happy Ex­ pediting and Shortening of the Wars and Litigation of the King of the 3 In the Summaria (fol. 30; Kämpf, p. 6) he remarks: ‘The writer of this work has under­ taken 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 [«c] most noble progenitor of illustrious memory [Philip III]—...h e 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 o f‘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. 3»; Kämpf, 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 Alex­ ander, 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 tyran­ nize.’ Yet he would preserve and enhance the royal power (fol. i4r; Kämpf, 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 its emolument may generally be avoided.'

Introduction

5

French.5 There is no evidence that his suggestions in any way in­ fluenced the royal policies. W hatever reception was accorded the pam phlet of 1300 (it ex­ ists today in a unique fifteenth-century m anuscript), his appetite for publicity had been whetted. The outbreak of the struggle be­ tween Philip and Boniface V III gave him an opportunity. O n the day before the official publication of the bull Ausculta fill , 6 he sent to his friend at Paris, Richard Leneveu, a brief pam phlet entitled Incontrovertible Arguments (Raciones inconvincibiles). This pam phlet is no longer extant; we know its contents only through a brief summa­ ry by Dubois himself in the Recovery of the Holy Land (chap. h i ) . There is no evidence that it ever reached the king. O n 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, Goutances. Some shrewd mind in Philip’s entourage drew up a condensed version of the Ausculta fill with the incipit Deum time, couched in terms insulting to Philip, and setting forth the papal claim in lan­ guage far more vigorous than the original.7 Dubois, seizing upon a particularly obnoxious phrase in the forgery, quickly penned a reply, A Consideration o f Measures to Be Adopted {Deliberation, super agendis). We have no evidence th at this tract was circulated among the estates; that it eventually came to the court’s attention is proved 8 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 fill. 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 ' Bibliothèque de l'Ecole des chartes, XLIV [1883], 393-4 ï 8). 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-Siège de 1285 à 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 adjournm ent 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 Forêt a tract entitled On the Shorten­ ing of Wars and Tactics Therefor {Super abreviatione guerrarum et hujusmodi provisionibus), which was to be submitted to Philip while that monarch was at Toulouse. I t 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 lowed. This tract of 1304 has been lost; it was probably a revision of the Summaria of 1300.9 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 po­ sition 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 Bibliothèque 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 minute­ ly 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.10 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, 1307,11 by which Philip, at the request of Pierre Dubois, his royal advocate in the bailliage of Goutances, remits certain dues owed by a chapter in that town. Renan sought to iden­ tify him with the ‘Petrus de Bosco’ mentioned under date of Feb­ ruary 13, 1307, on the wax tablets of the royal accounts as having procured lodgings for the royal party during Philip’s visit to Nor­ mandy.12 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 election13 describes him as ‘advocate for royal ecclesiastical cases in the bailliage of Goutances.’ In that year he produced five tracts. Two were brief attacks on the Templars, one being in the ver­ nacular. The third was a new edition of the Recovery, now lost, which was presented to the king at Ghinon 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, XXXVII (1938), 120-46. 11 Arch, 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. xi. 12Histoire littéraire, XXVI, 481 f. Langlois suggests the reading ‘Perrotus de Bosco.’ De recup., p. xi. 13 Arch, nat., J. 415, No. 86, cited by Langlois, ed., De recup., p. xii.

8

Introduction

Edward I. The subject m atter was almost identical with the original version, the only new suggestion being a proposal for the consolida­ tion 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 Al­ 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 V III, dur­ ing the rivalry between Albert of Austria and Adolf of Nassau for the imperial throne, had suggested the appointm ent of an emperor .14 At that time Dubois had denied that the pope possessed such power. Now, when circumstances seemed to offer an opportunity for in­ creasing 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 V III. Apparently Dubois regarded the pope as an in­ dividual 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 elec­ tion of his brother, Charles of Valois.15 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 Ap­ pendix 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? O r were Philip’s policies gaining such success that there was no further need for appealing to public opinion ? W illiam of Nogaret, in the thick of the fight, was still publishing pamphlets for his own justification, but the abortive 14 Histoire littéraire, XXVI, 485. 14 See Philip’s authorization for efforts in behalf of Charles, in Notices et extraits des manuscrits de la Bibliothèque nationale et autres bibliothèquest XX (1862), Part II, 189, Docu­ ment 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 Tem plar Order, called forth nothing from his pen. The keen eye of C.V. Langlois, thoroughly familiar with the liter­ ary peculiarities of Dubois, identified him as the author of a brief tract composed between October, 1313, and the Lenten season of 1314, Tournaments and Jousts {De tomeamentis et justis).16 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, mak­ ing difficult the maintenance of an adequate force of feudal caval­ ry. In anticipation of the proposed crusade, Clement V on Septem­ ber 14, 1313, issued the bull Passiones 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 a source of income; from the commonalty, who found in such spectacles a welcome diversion from the monotony of their lives. Dubois* pam phlet was merely an unofficial request to the pope for the sus­ pension of the bull. In deference to protests from the royal family the bull was suspended and eventually revoked.17 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 X X II in his bull Quia in futurorum, 1316 (Corp.jur. can., Ex­ travagantes Ioann. XXII, Tit. 9. cap. 1 [II, 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. IX. Further additions by Boniface V III 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 ofJohn X X II, 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 Corpusjuris canonici.

IO

Introduction

master whom he sought so eagerly to serve, but there was no attem pt to molest him. It was otherwise with some of Philip’s official counsellors, notably Enguerrand de M arigni, who as Philip’s finance minister bore the brunt of the storm of criticism which broke out after the monarch’s death. H atred of M arigni was aggravated by the attem pt of the upstart Norman to procure the election of his cousin Nicholas as pope.18 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 con­ tinued 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 M ahaut of Artois.19 It ap­ pears that before Philip’s death (November 29, 1314), Dubois en­ tered 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.*20 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, 1320.21 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 modem sense can scarcely be said to have existed during the M iddle Ages. Nevertheless issues of public in­ terest arose from time to time on which proponents of either side sought some measure of popular support. Such appeals were nec­ essarily 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. Avowed appeals to public opinion might be made to groups 18 K. Wenck, Philipp der Schöne von Frankreich (Marburg, 1905), p. 61; E. Zeck, Der Publizist Pierre Dubois (Berlin, 1911), p. 71. 18 Actes du Parlement de Paris, II, 298, cited in Langlois, ed., De recup., p. xiv. 80 J. M. Richard, Une petite-nièce de saint Louis, Mahaut, comtesse d'Artois et de Bourgogne (Paris, 1887), p. 179, cited by Langlois, ed., De recup., p. xiv. 21 Archives du Pas-de-Calais, A, 944, No. 1, cited by Langlois, ed.. De recup., p. xiv.

Introduction

il

whose support was desirable on one ground or another. Such were members of the royal council and persons presumed to have influ­ ence on their actions, members of the court of a pope or lesser eccle­ siastical dignitary, and from them down to their adherents of less prominence. W ith 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 pam phlet 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 ec­ clesiastical archive, or transcribed in whole or in part by some chron­ icler who considered the m atter 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 V II 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 num ber 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.1 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 M atilda of Tuscany, a papal partisan, was instrum ental in founding a school of legal studies where Roman law could be studied from 1 See C. Mirbt, Die Publizistik im Zeitalter Gregors VII (Leipzig, 1894) ; A. Fliehe, Etudes sur la polémique religieuse à Vépoque de Grégoire VII: les prégrégoriens (Paris, 1916).

12

Introduction

the proper—i.e., the papal—point of view.2 Citation of canons was sometimes m et with the charge that the canon quoted was not authentic, a charge frequently made by either side. Thoughtful men began to ask, ‘W here can truth be found? Is there any ultim ate tru th ?’ The second period covers the strife between the Hohenstaufen emperors and the popes, especially the efforts of Frederick I I to m aintain 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 I I 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 collec­ tion of letters which served as models in teaching the ars dictaminis.3 N aturally 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. T hat they did so has not been proved con­ clusively, 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.4 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 X X II took the position that he alone had the right to decide a disputed elec­ tion 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 impe­ rialists. Countess M atilda aided in establishing a school of law at Bologna (P. Vinogradoff, Roman Law in Mediaeval Europe [London and New York, 1909], p. 44). * Petri de Vinns ... epistolarum ... libri VI, ed. J. R. Iselius (2 vols.; Basle, 1740). 4 See F. Graefe, Die Publizistik in der letzten Epoche Kaiser Friedrichs II, 1:39-1250 (Heidel­ berg, 1909); O. Vehse, Die amtliche Propaganda in der Staatskunst Kaiser Friedricks II (Munich, 1929). For a comparative study ofHohenstaufen and Capetian propaganda, see H.Wieruszowski, VomImperiumzum nationalen Aomgtam(Munich, 1933), especially pp. 58-89.

Introduction

lS

ing, but when compared with the earlier struggles this was a batde of pygmies. W hat made the contest im portant was the fact that it called forth the efforts of writers such as W illiam of Ockham, Jean of Jandun, and Marsilius of Padua, whose blows were aimed at the very foundations of the papacy.5 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.6 The numerous pamphlets from the pens of W illiam of Nogaret 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 po­ sition 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 opportu­ nity for the middle class to function politically as such.7 Philip IV, on the contrary, was keen enough to realize its im portance; he de­ veloped 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 na­ tional assemblies was Pierre Dubois, author of some of the pam­ phlets. The treatise here presented in translation8 appeared between the two meetings of the Estates General. 6 See R. Scholz, ‘Studien über die politischen Streitschriften des 14. und 15. Jahrhunderts,* Quellen und Forschungen aus italienischen. . . Bibliotheken, X II (1909), 112-31, and Unbekannte kirchenpolitische Streitschriften aus der Zeit Ludwigs des Bayern ( 1327-1354) (2 vols, in 1; Rome, 1911-14); A. Gewirth, Marsilius of Padua (New York, 1951). * For a general survey, see R. Scholz, Die Publizistik zur Zeit Philipps des Schönen und Bonifaz’ VIII (Stuttgart, 1903). 7 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. • Chaps. 60-63, 71-76, 79, 83-88, dealing with education, are translated in L. Thorn­ dike, University Records and Life in the Middle Ages (New York, 1944); chaps. 1-4, 12—13, 27, 101, 104-107, h i , are translated in whole or in part in The Portable 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 attem pt 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 M iddle Ages reached its culmination in the thirteenth century. T hat age saw the imposing edifice of scholasticism attain the height of perfection in the work of St. Thomas Aquinas. It witnessed the signal trium ph of the pa­ pacy in the long and interm ittent struggle with its chief rival, the Holy Roman Empire. The universities, north and south, were crys­ tallizing 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. T hat 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.1 True, men still talked of and planned new crusades;2 the subject m atter of Dubois’ major pam phlet was pro­ fessedly 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 m aterial 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. T hat 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 mer­ chants (chap. 67). W hat did it m atter to the Italian m erchant 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 im portant 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, ‘W hat 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.’3 The geographic horizon was also broadening. At the close of the century M arco 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.4 M arco Polo was not the 1 See P. A. Throop, Criticism of the Crusade: A Study of Public Opinion and Crusade Propa­ ganda (Amsterdam, 1940). 8 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 Reprintsfrom the Original Sources of European History (Philadelphia, 1910—), 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. n o ; Kämpf, 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 one to make that long and perilous journey; dozens of individ­ uals, 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 K han 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 a new 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 lively discussions in the lecture halls of Paris and other centers of learning. In the field of governmental administration a new factor was ap­ pearing—less obvious, perhaps, but nevertheless of the utmost im­ portance to the political scene. The Holy Roman Empire went into eclipse on the death of Frederick II (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 preiogative, 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 II (1154-89). Checked by the va­ garies of the knight-errant Richard Lionheart and his incompetent brother John, and brought to a virtual stop by the baronial revolts under Henry I II (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. In France the Capetian dynasty was singularly favored by fortune : from the accession of Hugh Capet in 987 to the death of Louis X * * See C. R. Beazley, The Dawn of Modem Geography (3 vols.; London and Oxford, 18971906), Vol. II, passim’, T. F. Garter, The Invention of Printing in China and its Spread Westward (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 im portant 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 intim ate counsellors, which numbered among its members such legal luminaries as M arigni, Plasian, and William of Nogaret.6 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 enquêtuers. They replaced the Mendicants as an organ for the control of the earlier agencies.7 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. TR. Holtzmann, Französische Verfassungsgeschichte (Munich and Berlin, 1910), pp. 178, 195 fF. ; A. Wyse, ‘The Enquêteurs of Louis IX ’, Franciscan Studies, XXV (1944), 34-62.

i8

Introduction

Their thorough knowledge of civil law aided them in forging the weapons of the rising national state. U nder Philip IV 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.8 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.9 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 in­ creasing use of paid contingents placed a heavy burden on the already strained exchequers of that day. To meet the steadily grow­ ing demand for fluid wealth monarchs resorted to increased taxa­ tion and all m anner 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. W ith 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 Scot­ land, thus laying the foundation for the ties between Scotland and France which lasted to the time of M ary Queen of Scots, in the sixteenth century. Edward’s ally, Adolf of Nassau, proved of little value ; more im portant 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 V III. * Dubois never attained the status o fa miles régis, despite his persistent efforts to gain royal recognition. 9 Zeck, Der Publizist, pp. 13 f. See also H. Kämpf, Pierre Dubois und die geistigen Grundlagen desfranzösischen Nationalbewusstseins um 1300 (Leipzig) 1935).

Introduction

19

THE DISPUTE WITH BONIFACE V III Boniface V III, who became pope after the resignation of Celestine V,1 felt called upon to restore the papacy to the might and glory it had enjoyed under Innocent III, when nearly every crowned head in 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.2 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 Clericis 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.3 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 m atter how disguised. The issue was clear. Was the national state sovereign? Could the papacy, victor in its contest with the Empire, achieve a similar 1In 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 V III. 8 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, VEurope occidentale de isyo à 1380: première partie, de is jo à 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 unpar­ alleled 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 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 im portant repre­ sentative. Edward replied promptly. When the archbishop of Canterbury, pleading the bull Clericis laicos, persuaded the clergy to refuse the contribution demanded, Edward had his chiefjustice 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. 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 ten royal permission. The embargo on supplies was aimed at Eng­ land; the prohibition of export of precious metals struck a serious blow at papal revenue, of which France was an im portant source. Boniface, faced by a hostile Colonna faction in Rome and an un­ friendly 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,4 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 emer­ gency 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 Etsi 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 IV (August 11, 1297). W ith 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 V III, the two belligerents finally ended their war in 1299. O n 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 m anner 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. W hatever 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 bless­ ing gave Boniface the impression that he enjoyed the united support of Catholic Christendom; the ample gifts which they showered down himself from his enem ies.... 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., ig27],pp.8i f.)

22

Introduction

on Roman altars replenished the papal treasury. If the growing in­ dependence of the national monarchs were ever to be curbed, now was the time. Presumably relying on the several modifications of the bull Clericis laicos, Philip had in no whit eased his policy of taxing the clergy. W hen 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 been worse; it was Bernard Saisset, bishop of Pamiers, a bitter foe of Philip. In 1301 Bernard was arrested and imprisoned on a charge of treason. To Boniface this was an intolerable insult. O n December 4 and 5 he issued three bulls. The first, Salvator mundi, withdrew the privi­ leges granted in modification of Clericis laicos. The second and most im portant, Ausculta fill, 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 sum­ moned 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. Philip m et 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,6 as genuine; Pierre Flotte, one of Philip’s chief counsellors, read the forged doc­ um ent 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.6 Ju st then disaster struck Philip from an unexpected quarter. The 6 See above, p. 5. * Dupuy, Histoire du différend, 'Preuves', pp. 66 f.

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.7 This crushing defeat, the first that Philip had encountered, was a serious check. I t 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 num ber 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 C hurch.... 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.’8 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 à l’historiographie du règne de Philippe le Bel,’ Mémoires présentés... à 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. 8 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. I ll, No. 5382. It is available conveniently in Corp. jur. can., Ext ». 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 Bookfor Mediaeval History (New York, 1905), pp. 314-17

24

Introduction

excommunicated for preventing the French clergy from attending the council. 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 W illiam 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 M arch, 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 M arch 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 tantam ount to saying th at the Holy Ghost was mistaken—a theologically untenable position. 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 spe­ cific charges against the pope; Philip declared himself convinced of the necessity for a general council. The clergy adopted a resolu­ tion expressing their support of the crown against all opponents and endorsed the demand for a council.9 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. U 2 .

Introduction

25

him by the French. I t 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 towns­ people.10 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 V ati­ can. 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 op­ portunity 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 Octo­ ber 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 attem pt 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 française 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 l'église de France, XXXVI [1950], 56-66).

*6

Introduction

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 X I they adopted the strategy of renewing the charges against Boniface originally pre­ sented the previous June, m aintaining that the Anagni affair had resulted from Boniface’s stubborn refusal to entertain a legitimate demand for the convocation of a council. If Benedict X I 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 attem pted to invoke the Church machinery against a wicked usurper. The conviction of Boniface would mean the nullification of all his decrees and bulls. T hat 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 X I. To this end he appointed a commission of four, of which Nogaret was the fourth member. Two sets of in­ structions were given them.11 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 m atter, not need­ ing Nogaret’s clever mind. The second set was directed to the full 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 needed.. Benedict quickly yielded the first point. On M arch 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. W hen 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,12 and renewed his demand 11 Both instructions are in Dupuy, Histoire du différend, ‘Preuves,* pp. 224 f. u 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 poenitenHa 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 judgm ent on his predecessor, Benedict made further con­ cessions. 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 inter­ dict which Boniface had declared over Lyons and Pamiers. In ad­ dition, 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. O n June, 7, 1304, he issued the bull Flagitiosum scelus, denouncing them in the harshest terms and placing them under the ban. The guilty were summoned to appear before him for sentence.13 W hat would Philip do? His personal victory was nearly complete; Nogaret was the only im portant royal agent left beyond the pale. Would the king jeopardize his settlement with the papacy by con­ tinued 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.’14 Before Benedict could take any further steps against Nogaret and his accomplices, he died on July 27, 1304, apparently from overindulgence in ripe figs.15 Further advantage to the monarchy might be insured by the election of a pope subservient to the royal will. W ith this in mind, Philip brought pressure to bear on the French cardinals. The two Golonnas, although not yet readm itted to the college, were able to exert some influence on their former colleagues. The partisans of Boniface V III 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]. u 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. u 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 vra. lxxx).

28

Introduction

but could not agree among themselves on a candidate. M onth 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 V III; he had quarreled with Philip’s brother, Charles of Valois, and had attended the Roman council in 1302 against the king’s wishes. W hat 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.17 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 sup­ port without some kind of an understanding with him. W hatever the truth of the m atter, 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 m atter of Boniface became involved with the attack on the Tem plar 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. W hen he was in financial difficulties (the normal conditon of the French monarchy) they lent him money. The order had supported him in his contest with Boniface V III in 1302.1 At a time of public disorder he had sought safety in a Tem plar castle. Ju st why he suddenly turned upon them is not easy to determine. 14 Lizerand, Clement V et Philippe le Bel (Paris, 1910), pp. 41 f. 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 ofJune 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 ab­ solutely inviolable. The plot against the Templars originated in 1305. It seems that an obscure individual, one Esquieu de Floyrano of Beziers, reported to James II 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 op­ portunity. Here his charges were brought to the attention of Philip IV, who connived with Nogaret to turn them to the royal advantage.2 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 m atter 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 Tem plar Order, to a conference at Poitiers.3 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 Clem-* * 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 ward as witnesses and thereby spare Philip the onus of initiating the charges.4* In the summer of 1307 Philip brought increasing pressure on the pope to take some action in the Tem plar m atter. Ever since Clement’s election the king had been demanding that the pope sum­ mon a general council to try the deceased Boniface V III 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. 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.6 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, H um bert.6 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.7 4 Holtzmann, Wilhelm von Nogaret, p. 141 ; Lizerand, Clément V et Philippe le Bel, p. 88. s The personnel of this commission consisted of Nogaret, Plasian, and two other individ­ uals 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 ...premièrepartie, 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. U nder 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.8 The arrested Templars were held in close confinement, with no oppor­ tunity to confer with their brethren or superiors.9 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.10 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 ecclesi­ astical and lay dignitaries to an assembly in Notre Dame, where the whole affair was reviewed and the charges made public. O n 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 pro­ cedure. Under such pressure, or the mere threat of its use, they con­ fessed to all m anner 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 in­ nocence, but acknowledged that the above offenses were common in the order. Clement was aghast, not so much at the catalog of offenses— • 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 investiga­ tion 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.11 W ith the Tem plar 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 tem poral 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 perm itted 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 Uni­ versity returned a cautious reply, reminding Philip that the Tem­ plars were religious and therefore under ecclesiastical jurisdiction; th at in an emergency the temporal power might arrest a heretic, but only with the intent to turn him over to an ecclesiastical tribunal; th at 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.1^ This was enough for Philip. O n the very day he received the reply 11 Lizerand, Clément V et Philippe le Bel, p. 120. l* 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. O ur 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 prox­ ies. 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.18 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 Tem plar 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 m atter of the Templars, coupled with a sharp criticism of the pope’s nepotism. In another pam phlet 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 re­ quested 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 Tem plar property but had simply taken charge of it until proper disposition could be made. Plasian con­ cluded 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.

34

Introduction

but he promised to set up a special court for the trial of the Templars since it was not customary for the Holy See to act precipitately. W hen the court had finished its investigation he would pronounce judgm ent. 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. O n August 15, 1308, Guichard was arrested by the archbishop of Paris, who turned him over to the king.14 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 a t Avignon on M arch 16, 1310, where lawyers for either side exhausted their in­ genuity 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.16 Nogaret received an absolutio ad cautelam, coupled with a poenitentia ad cautelam ; to validate his absolution he 14 A. Rigault, Le Procès de Guichard, évêque de Troyes (Paris, 1896); G. Mollat, ‘Guichard de Trdyes et les révélations, de la sorcière de Bourdenay,’ Moyen Age, sér. 2, X II (1908), 310-16. 15 One 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 (Gurley, Conflict Between Boniface and Philip, p. 196; Registres de Boniface VIII, Vol. I ll, No. 4424, n .i).

Introduction

35

was to participate in the projected crusade and to rem ain 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 V II and Robert of Naples, in­ imical 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.’16 The fate of the Tem plar Order17 was settled at the Council of Vienne, which opened October 16, 1311. The bull Vox in excelso (M arch 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 Tem plar officials, including De Molay and Charnai, remained in custody until M arch 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 m atter 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. 17 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 IV (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 tune 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 mandav it...’ 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 im portant 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. O n 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 per­ sistent 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 intim ate counsellor of the king, as was Nogaret; utterly incapable o f 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 dear 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., X X II, 144 f.).

Introduction

37

ideas whose acceptance would have cut deeper into the existing European organization than anything proposed by his more re­ sponsible contemporaries. Nogaret strove to defend and enhance the royal power in France; Dubois would have made the French king lord of both Occident and O rient. Philip and his official ad­ visers 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 i 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 con­ fined 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 coun­ tries. France and its monarch were scarcely mentioned. The second part, comprising chapters n o 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 propo­ sals. 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 ex­ pression of his ideas on a m ultitude 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 ma­ terials on the crusades Gesta Dei per Francos. In 1300, what other

3»

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 mate­ rial gain from the expenditure of French blood and treasure? I t is unnecessary to labor the point that there was universal talk of a crusade. How much of this was genuine? T hat 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 I I of Cyprus. The combined fleet made an unsuccessful attack on the coast of Asia M inor at Scandalore (the modem Alanya), and then sailed for Egypt in an equally futile attem pt to take Alexandria.1 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.2 As late as 1365 Peter I de Lusignan, ruler of Cyprus, attacked and plun­ dered Alexandria but without achieving any perm anent advantage against Islam .3 Dubois’ plan for a new crusade, despite his laudatory phrases in praise of Edward I öf 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 m ilitary ardor of such warmakers could be put to good account in fighting in the van against the infidels. Enthusiasm 1 G. Hill, A History of Cyprus (3 vols. Cambridge and New York, 1948), II, 204. * F. Heidelberger, Kreuzzugsversuche um die Wende des 13. Jahrhunderts (Berlin and Leipzig, 1911), p. 22. * See G. J. Capitanovici, Die Eroberung von Alexandria durch Peter J von Lusignan (Berlin, 1894).

Introduction

39

among the volunteers would be stimulated by the use of uniforms, m artial music, and the cheers of spectators at the place of mobiliza­ tion. 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 m atter. 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 establish­ ment of peace in Europe. He recognized two types of w ar: 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 ad­ ministered more efficiently by secular authorities. O f 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 re­ established; that nön-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 of the Holy Land, Nunneries should be strictly limited in the num­ ber of inmates; most of them might better be converted into schools for girls. 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,4 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 prim ary 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 à guaranteed annual pension, thereby enabling the pope to devote full time to his spiritual functions. Relieved of the burden of temporal cares, he could then effect a thorough reform of the Church. An im portant feature of Dubois’ schemes was a new education­ al system, dissociated from existing schools and universities. He 4 Two years later, in his invectives against the Templars, he made no mention of the Hospitalers.

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 prim ary 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 lan­ guages, 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 con­ verting their consorts to the Roman faith; they would procure simi­ larly 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 m atter. His proposed method, Dubois contended, would eliminate the dragging out of lawsuits, and would be partic­ ularly well suited for adoption in the soon-to-be-conquered Holy Land, where interminable quarrels would arise if each of the nu­ merous 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 ultim ate 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. Dubois contended that the king, misled by counsellors who con­ nived 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 detrim ent 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. W hat 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 m atter 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 ar­ rangement 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 pam phlet 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 O f the several influences which played their part in shaping the ideas of Dubois, doubtless the most im portant 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 U topian 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 indi­ viduals. A second influence, in its way contradictory to the first, was the speculative scholastic philosophy which he imbibed during his student days at Paris.1 The disputations in the university forums, in which he undoubtedly participated, sharpened his argumentative powers so necessary to the practice of his profession. I t 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 digres­ sion he may return to the original topic. As a consequence there is a good deal of repe­ tition 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»2 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 sciences he specifically recommended Siger5s 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 years. O ur practical-m inded lawyer was in the fourth place strongly influenced by the ‘experience school5of which Roger Bacon was an 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 contem­ poraries who quoted him by name and showed evidence of having read him. T hat he was profoundly influenced by Bacon’s ideas is indicated by his repeated insistence on the value of practical ex­ perience, 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.8 He also agreed with Bacon on the value of a study of science and m athe­ 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 * He refers to Thomas as ‘that wisest friar’ (chap. 63). Siger is cited by name as ‘that most eminent doctor of philosophy’ (chap. 132). # 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.

Introduction

45

Bacon, Dubois came under the influence of the chimerical ideas of Raymond Lull. T hat the two may have been personally acquainted is possible; during DuboisTifetime Lull spent twenty-five years pub­ licizing 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.4 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 prim arily of their philological value. Lull’s approach was that of a scholastic. His Liber de acquisition Terrae Sanctae, addressed to Philip IV in 1309, began, ‘For acquiring the Holy Land three things are essential: wisdom, power, and charity.’ The Liber 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.5 These differing influences, clearly traceable in Dubois, are evidence that he was in touch with all the im portant trends of thought in his age. From these varying and often mutually con­ tradictory 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, 4J. Delavillele Roulx, La France en Orient au X IVe siècle (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, XXIX, 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 récupération. A reasonable conclusion seems to be that both men, in their different ways, were expressing ideas current at the time.

46

Introduction

and offered his services to revise existing laws by eliminating w hat was obsolete and contradictory. Although trained in scholasticism at Paris, he expressed impatience with the refined subdeties of the schoolmen. He proclaimed himself a pupil of Siger de Brabant and his ideas bear the im print 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. O ther contemporaries cited by Dubois are Albertus Magnus and Herm ann the German, translator of Aristotle’s Ethics. In com­ mon with most medieval writers, Dubois never cited a living author by nam e; 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,6 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 ecclesiasticapotestate, during the king’s quarrel with the pope. I t is therefore probable that Dubois knew of the earlier treatise, an assumption which is strengthened by certain similarities of thought and expression.7 O lder authorities cited by Dubois are principally Aristotle, the Bible, and civil and canon law, with a few quotations from the classics. T hat he quoted from memory is obvious, for the same pas­ sage is sometimes cited with verbal changes. O f the Aristotelian corpus, his favorites were the Nicomachean Ethics and the Politics. I t is 6 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 Publizisty p. n o , n. 78). 7 Compare, for example. De regimine 1. xv with the De recuperatùmey 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.8 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 m atter 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 jum bled together isolated passages. The Old Testa­ ment 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 im partially 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 is 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 intim ate 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.

48

Introduction

to the king (chaps, h i , 117). Second, he time and again offered his services to organize some proposed reform.9 A member of Phi­ lip’s intim ate 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 Summaria10 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.11 A member of the royal council would scarcely use such means for 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 W illiam 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. W hen reading the Summaria one might judge from his words that the breach between Philip and Boniface was already far advanced. This tract, however, was com­ posed in 1300, before the final conflict had been precipitated by 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.12 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 always consistent in his boldness, however; not until Philip had • Chaps. 96, 100; Summaria, fol. 34 r (Kampf, p. 57). l# Fol. 3 (Kämpf, p. 5). u Chap. 136; Summaria, fol. 320 (Kämpf, p. 55). u Swnmaria, fol. 7r (Kämpf, p. 12).

Introduction

49

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 propos­ als 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 mon­ arch. 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 m atter of historical criticism Dubois showed himself at his worst, failing to rise above the credulity and inaccuracy so charac­ teristic 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; Kämpf, 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.*

5°

Introduction

with the conquest of many lands held by that ‘Assyrian* monarch. He accepted without question much of the superstition and folk­ lore 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 m ortal men. Satan, who controlled this vast army, was portrayed as fighting vigorously 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 m an’s free will or 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 rem ain 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. PRECEDENTS FOR DUBOIS* IDEAS1 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 widereaching nature of his schemes, in the ability with which they are commended, in the ingenuity with which the greatness of France 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 cen1 The substance of this section of the Introduction was more fully set forth in my article, ‘Pierre Dubois; Modem or Medieval?,’ American Historical Review, XXXV (1930), 507-21. 2 ‘Pierre Du Bois, Légiste,’ Histoire littéraire, XXVI, 486.

Introduction

51 turies, such as we have been taught to imagine him .’3 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 X IV , or a Napoleon.’5 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.6 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.7 There was nothing new in m artial music as an 3 ‘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. Heamshaw, ed., The Social and Political Ideas of Some Great Mediaeval Thinkers (London, 1923), p. 141. 4 See below, p. 53, n. 14. 7 In the Appendix, chap. 6, Dubois changed the number to five hundred (quinque centum). L. Bréhier, L’Eglise et VOrient au moyen âge, (4th ed.; Paris, 1921), p. 121, evidently relying on Ansbert, Historia de expeditione Friderici imperatoris, states that Frede­ rick used groups of five hundred. Bréhier seems to have mistakenly read quingentenarios for quinquagenarios. The text of Ansbert in MGH, Scriptores rerum Germanicarum, new

52

Introduction

uplifter of morale. His recommendation that the crusaders be ar­ rayed in uniforms had been anticipated by the English at Ghent in 1297, and by the Flemish burghers at Courtrai in 1302.* 8 King Charles II of Sicily in 1292 proposed a plan for a crusade, which included a detailed description of the uniform with which he pro­ posed that crusading armies be equipped.9 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 O rder.101 W ith the fall of Acre in 1291 no great power of discernment was needed tt> realize that an im portant 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 perm anent 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.11 The Fourth series, V, 46, reads quinquagenarios, which would imply groups of fifty. This is supported by Ansbert’s use in the same sentence of the term pentarckos, in this context a shortened Latinized form of the Greek term meaning a leader of fifty men. 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 (Lodewijk van Velthem, Spiegel historiael, IV, ii, p. 215, cited by Funck-Brentano, Mémoires présentés... à VAcadémie 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 chronicorüm Flandriae, ed. J. J. de Smet [4 vols.; Brussels, 1837-65], I, 168; J. Kervyn de Lettenhove, Histoire de Flandre [6 vols.; Brussels, 1847—50], II, 457). 8 Delaville le Roulx, I, 19, n. 1. 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.). 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 âge, 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 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 perm anent establish­ ments 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). W hen 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 advan­ tages to be gained by a flanking attack on Egypt had already been pointed out by a Franciscan friar, Fidence of Padua, in 1292.12 In common with many who had given the m atter careful con­ sideration, Dubois realized full well that no fresh crusade could possibly hope to succeed as long as the peace of Europe was con­ stantly being disturbed by warring feudal lords.13 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.14 In 1023, at a conference at Mouzon, Robert the Pious of France and Emperor Henry II dis­ cussed the idea of a universal peace pact common to France, Ger­ many, and eventually to all Christendom.15 Disputes between sovereign princes were to be settled by arbitra12 Delaville le Roulx, I, a i . 13 In i agi 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'à la Révolution [9 vols, in 18; Paris, 1900-n], 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 in. xxxvii, in MGH, Scriptores, V II, 480.

5 4

Introduction

tion. Dubois here contributed an idea that seems to be without any clear precedent, namely, th at the council of clerics and laymen was to appoint a board of arbitration. While he did not say so specific cally, one may infer that Dubois intended this board to be perma­ nent. Earlier efforts at the arbitration of such disputes had usually been brought about through the appointm ent by the disputants of one or more individuals to arbitrate between them.16 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 I I I defend­ ed his right to arbitrate between the kings of England and France, although he was careful to disavow any attem pt to question the French king’s authority.17 In 1246 Louis IX and the legate Eudes of Ghâteauroux were designated as arbitrators to settle the question of the succession to Flanders and H ainault.18 In 1263 Henry I II and his barons submitted their quarrel over the Provisions of Oxford to the arbitram ent of Louis IX .19 Finally, Dubois must certainly have been aware of the fact that only seven years before he wrote the Recoveryy Boniface V III had acted as arbitrator between Philip IV and Edward I.20 In advocating ecclesiastical reforms Dubois was on familiar ground. He repeated the well-known charges of worldliness, simony, av­ arice, and immorality, all of which—and more—may be found in the writings of churchmen of impeccable orthodoxy.21 Worldliness, 14 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, convention's, litterae, et cujuscunque generis acta publica inter reges Angliae et aims, ed. Clarke and Holbrooke [4 vols, in 7; London, 181669], I, Part I, 70). In 1244 Frederick II and Innocent IV agreed to submit their differ­ ences to arbitration by the Parlement of Paris (M. R. Vesnitch, ‘Deux précurseurs français du pacifisme et de l’arbitrage internationale,’ Revue d’histoire diplomatique, XXV [19111,41). 17 Corp.jur. can.. Decretal. Greg. IX , Lib. II. Tit. 1. cap. 13 (II, 242 ff.). 18 Lavisse, ed., Histoire de France, III, Part II, 90. 18 T. F. Tout, History of Englandfrom the Accession of Henry III to the Death of Edward III (London, 1905), pp. 112 f. 80 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 form of a solem bull (Digard, Philippe le Bel et le Saint-Siège, I, 364; Registres de Boniface VIII, Vol. II, No. 2826). 81 In 1308 Augustinus Triumphus composed his Tractatus contra articulas inventas, which gives quite as dark a picture of the curia and the papacy as Dubois did (H. Finke, Aus den Tagen Bonifaz VIII [Münster, 1902], pp. lxix-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 negotiators ecclesiae, the widely traveled commercial agents of the monasteries, whose inmates were discouraged from journeying on secular business.22 Suggestions for the outright confiscation of eccle­ siastical 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.23 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.24 As for the Patrimony of St. Peter, in 1273 ambassadors of Philip I I I proposed to Gregory X that it be administered by some strong monarch; Gregory replied that he would welcome such an arrangem ent and that the French king would be a suitable adm inistrator.26 The history of monasticism is replete with efforts at reform. Many of the orders founded during the M iddle Ages were established with that in mind.26 W hen Dubois proposed the dissolution of non­ conventual 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 contilio Lugdunensi, written for consideration by the Council of Lyons in 1274.27 At some time prior 88J. W. Thompson, An Economic and Social History of the Middle Ages (300-1300) (New York and London, 1928), p. 147. 88 MGH, Leges, II, 68 f. 84 W. Ribbeck, ‘Noch einmal Gerhoh von Reichersberg,’ Forschungen zur deutschen Geschichte, XXV (1885), 560 f. 85 Documents historiques inédits, ed. Champollion-Figeac et al. (4 vols.; Paris, 1841— 48), I, 653 f. 86 See, for example, the touching letter which St. Bernard of Clairvaux wrote to his cousin Robert, a young monk who had deserted the stem discipline of Clairvaux for the easier life at Cluny (H. O. Taylor, The Mediaeval Mind [3d Amer, ed.; 2 vols.; New York, 1919], I, 411 f.). 87 Scholz, Publizistik, p. 402; see also K. Michel, Das Opus tripartitum des Humbertos de Romanis (2d ed.; Graz, 1926).

56

Introduction

to the convening of the Council of Vienne in 1311, W illiam D urant! repeated the suggestion in his Tractatus de modo celebrandi concilii et corruptelis in ecclesia reformandis. 28 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.29 It seems probable that similar schools for girls were connected with nunneries. His disparagement of clerical celibacy had the support of a con­ siderable 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 V III, came out strongly against clerical celibacy.30 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 re­ commending the marriage of clerics from pope to parish priest as biblical.81 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.32 Not until Philip IV broùght 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 I I drove the Templars out of Sicily and confiscated 18 Scholz, Publizistik, p. 402. 29 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. 80 See the passage cited in Finke, Aus den Tagen Bonifaz VIII, p. clxxiii. 81 Scholz, Publizistik, p. 407; text of the forgery in j. Kervyn de Lettenhove, ‘Etudes sur Phistoire du X H Ie siècle,’ Mémoires de VAcadémie royale ... des sciences, des lettres et des beaux-arts de Belgique, classe des lettres, X X VIII (1854), 84, n. 2. 82 Scholz, Publizistik, p. 406 and n. 118.

Introduction

57

their goods; when he later recalled them he failed to return their property.83 Consolidation of the military orders was proposed by Gregory X at the Council of Lyons in 1274.34 In August, 1291, on hearing the news from Acre, Nicholas IV directed the patriarchs and archbishops to hold provincial synods where the m atter of the consolidation of the orders should be discussed.35W hen 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.36 Raymond Lull repeatedly proposed consolidation.37Charles II, king of Sicily, proposed it in 1292.38 The only new thought contributed by Dubois in the m atter was his suggestion that the confiscated property of these orders be devoted to the schools whose establish­ ment 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 administra­ tive, partly missionary. Others had considered the missionary as­ pect. 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 O rient to instruct others in the true faith.39 T hat this project was actually attem pted is indicated by the fact that on the same date Innocent released the abbot and monks of St. Père de Chartres from the obligation to contribute funds toward the support of these youths.40 38 Lizerand, Clément V et Philippe le Bel, p. 81. 34 Scholz, Publizistik, p. 405; Histoire littéraire, XXVII, 385. 38 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 con­ solidation. 86 Eberhard, archdeacon of Ratisbon, Annales sub an. 1291, in MGH, Scriptores, XVII, 594. 87 Scholz, Publizistik, pp. 405 f., cites five separate pamphlets by Lull advocating con­ solidation. 38 Delaville le Roulx, I, 17 f.; Heidelberger, Kreuzzugsversuche, pp. 6 f., n. 23. 83 Chartularium universitatis Parisiensis, ed. H. Denifle and E. Châtelain (4 vols.; Paris, 1889-97), I, 212. 40 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.41 Grammar schools of the general type advocated by Dubois existed in every university town, as well as other im portant centers, but their prim ary 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 jurisdic­ tion 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.42 Dubois was dissatisfied with existing schools, but his pro­ posed curriculum failed to embody any drastic changes; it was 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.48 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 th at others before him had attem pted 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 estab­ lished at Seville.44 About 1275 Raymond Lull persuaded the king of M ajorca 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 knowl41 Ibid., I, No. 11571. 48 Rashdall, Universities, III, 345 and n. 3. M Dubois twice referred to it as Bacon's On the Uses of Mathematics; it comprises Part IV of the Opus maius. 44 Scholz, Publizistik, p. 403, n. 222.

Introduction

59

edge of Arabic from an Arab slave, the brethren went to Africa, but were driven out by the Moslems.45 The third Dominican gener­ al, Raymond of Penaforte, established schools in African and Spanish monasteries for this purpose. Another Dominican general, Raymond M artini, was famous for his knowledge of Hebrew, Chal­ dean, and Arabic. He even wrote a theological work against Islam in Arabic.46 Roger Bacon, whose interest in modern languages was more philological than missionary, devoted Part I I I of his Opus maius to that topic, and composed a Greek grammar.47 In the education of women Dubois was a step or two in advance of his contemporaries. The existence of gram mar 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.48 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 ex­ ceptional. Among the lay teachers at Florence in 1304 was a m ar­ ried woman, dem entia, who carried the title doctrix puerorum and taught the rudiments of Latin.49 It was quite usual for women of the nobility to acquire some elementary training in medicine and surgery. Dubois would have girls regularly adm itted 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 m arry 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). 48 Delaville le Roulx, I, 28 f. 48 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, 47, n. 1.

6o

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 ex­ perience of the tedious and involved legal procedure of the thir­ teenth century. The Summaria included proposals for speeding up litigation; in the Recovery he suggested that this might be accom­ plished 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 writ­ ing the Recovery, even some feudal jurisdictions were following the custom then familiar in ecclesiastical and royal courts.6® In 1301 Eudes of Sens wrote a handbook of law, Summa dejudiciis possessoriis, based on Roman law, in which he proposed a plan for simplifying and shortening legal procedure in civil suits.51 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 160 60 A. Tardif, La Procédure civile et criminelle awe XHIe et XlVe siècles ouprocédure de transition (Paris, 1885), pp. 72 f., 77. 61 Histoire littéraire, XXV, 87 ff.

Introduction

6i

the southeast no pamphleteer was needed to point out the desira­ bility of acquiring the kingdom of Arles. Philip IV had for some time been desirous of extending his influence over the Em pire;52 in 1308 he seized the opportunity offered by the assassination of Albert I to campaign actively for the election of his brother Charles of V a­ lois.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.54 Expansion of French influence by maintaining Capetian interests in Italy, Spain, and Hungary was so natural that the idea was common property.55 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.56 Excessive patriotism was by no means a French monopoly. In his De praerogativa Romani imperii, written about 1280, Jordanus of Osnabrück 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, i.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.57 We may fairly conclude, then, that Dubois’ truly original ideas comprised little more than his definite plan for a system of interna­ tional arbitration and the proposal for the establishment of a system of schools which should regularly adm it women to professional23 32 Kämpf, 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, V Eglise et VOrient, 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,’ Bibliothèque de VEcole des chartes, LI (1890), 64. 65 Lavisse, ed., Histoire de France, III, Part II, 290. 66 See the lists in M. Souchon, Die Papstwahlen von Bonifaz VIII bis Urban IV (Bruns­ wick, 1888). The Recovery was written before Clement established his permanent resi­ dence at Avignon (1309). 67 See H. Grundmann, Alexander von Roes: De translatione imperii, und Jordanus von Osnabrück: De prerogativa Romani imperii (Leipzig, 1930).

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Introduction

training. This is not to imply that he consciously copied all his other borowed ideas; he may have arrived at many of them independent­ ly. I t 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 tim e,’ 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 m irror in which a m ultitude of ideas current in his age are reflected. No m atter how unrealistic and visionary many of his ideas appear to us, they are of interest as showing how a reasonably intelligent and well-informed contem­ porary 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 contem­ porary 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,’ and who presented a vast and more or less coherent scheme of reforms to set them right. 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 con­ fiscation 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 acceler­ ated 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 proce­ dure. Although he considered war an evil, he was ready with plans for reorganizing the French military system, for outfitting and mo­ bilizing 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 RECOVERY 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 is 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.1 1 have not had an opportunity to examine the original manuscript, but the Vatican Library very kindly fur­ nished 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. Lang­ lois, who apparently never personally examined the Vatican man­ uscript,1 2 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.

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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 unim portant 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. 10919 in the Bibliothèque nationale, which he published as an Appendix to the De recuperationie. 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 V III. When M ollat brought out his new edition of Baluze (4 vols. Paris, 1914-27), he consulted the MS Lat. 10919, where he found the missing paragraphs and included them in his printed text ( in , 154-62). Langlois must have been acquainted with the MS Lat. 10919, for he cites it several times; he may have omitted this m atter 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 at­ tempted. His elucidations in footnotes have been followed almost slavishly, with some revisions in the effort to bring them up to date by citing m aterial published since 1891 and to correct a few errors which had crept in. I have also added, wherever possible, identifica­ tion 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 Bibliothèque nationale and with the recent edition by Hellmut K äm pf (Leipzig, 1936). Where Langlois has omitted passages in his quotations from the Summaria, I have included the omitted ma­ terial when it serves to make the meaning clearer. Both K äm pf and Langlois have in a num ber of instances departed from the exact manuscript text; the translation follows the manuscript.

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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 rela­ tionship to the arrangement of the subject m atter. Following the precedent established by Langlois, both sets of divisions have been preserved in the present translation in order to facilitate the identi­ fication 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.

The Recovery of the Holy Land

The Recovery of the Holy Land: Part I

1

TO TH E ILLU STRIO U S 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. i [i]. i know well that as a high-minded and glorious king and a true lawgiver,2 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.8 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 en­ countering dangers which threaten bodily death but hold forth the promise of life eternal for the soul.4 Although I am one least fitted 1 The title was supplied by Bongars. It is not in the manuscript. 2 Edward I was the chief lawgiver of the Plantagenet dynasty. See W. Stubbs, The Constitutional History of England (3 vols.; Oxford, [1926-29]), II, h i . 3Subditos, proximos, et coniunctos. The use of descriptive terms in groups of three is char­ acteristic of Dubois. 4 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,' Bibliothèque de

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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 philo­ sophical reasoning. M otivated by a natural desire—which accord­ ing 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]. I t 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,6 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 m ultitude of people from those neighboring king­ doms. Then when they learn that your forces are about to return home, those same Saracens, fiercer than ever and in greater num­ bers, 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 those who remain and once more possess themselves of that delectaVEcole des chartes, L II (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. 2150, cited by Langlois, ed., De recup., p .2 , n. 1). * Politics 11. 5. 1263a 40. * Dubois probably meant Egypt and North Africa.

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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, ‘W hat 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.7 Therefore that country cannot be seized, nor held when seized, except by great numbers. [Ill] 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 common­ wealth so strongly united that it cannot be divided, because ‘every kingdom divided against itself shall be made desolate,’8 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 re­ nowned 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 un­ der circumstances which make their status in the world to come very uncertain. The offener they have recourse to war, the more do they seek to begin new wars, since they look upon war as a m atter 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 7 The episode is from Mark 5:2-13. 1 Matt. 12:25.

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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 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 law.10 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.11 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.’12 But the wicked angels, as even the sacred Scriptures bear witness, 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 th at causes now operating will probably produce certain effects. And since ‘nothing under the sun is new,’ as Solomon says,18 they can judge and foresee future events by calling to mind those consequences which on some previous occasion resulted from like causes. This they can do with • Nicomachean Ethics x. 7. II 77b 8-10. 10 Corp,jwr. civ.. Novellas 85. 14. Preface. u Compare this reasoning with that set forth by Dubois in the Summarta. After quoting the maxim of Aristotle on the wickedness of war, he adds (fol. 3r; Kämpf, 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 thé usual practice in warfare, the survivors who have not felt the temporal and spiritual penalties of war, alter 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 wary by another’s perils.” * On Hugution, see chap. 89, n. 76, below. 12 Nicomachean Ethics ix. 6. 1167b 5. 18 Eccles. 1:10.

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more certainty than aged men; for although men may be very old and have seen and experienced much, their knowledge and expe­ rience 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,14is 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.’15 In the sixth book of Ethics he gives the reason for this when he says, ‘We see many young men who are well versed in schoolbook knowledge, but lacking good judgm ent in practical matters, because discretion in the activities of this world is acquired only through actual experience.’16 It takes a long time to gain experience* Young men have lived too short a time; they have seen too little, experienced too little. T hat 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 judgm ent of a rational mind. Through the exercise of will 14 In 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. M Topics m. 2. 117a 30. 14 Nicomachean Ethics vi. 9. 1142a 12-15.

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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.17 The stronger the tem ptation 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. O f 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 3. [IV ]. In order to recover the Holy Land and defend it against such formidable numbers who have demons as their counsellors, applauders, 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 m atter 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 about in the following manner. W hen 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 17 Compare the Summaria (foi. 1iv ; Kämpf, 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 knowl­ edge 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 studiiphilosophiae (in Opera quaedam hactenus inedita, ed. J. S. Brewer [London, 1859], p. 422). 18 Nicomachean Ethics n. 3. 1105a 8-10; similarly, ibid., vra. 2. 1155b 5-7; also Magna Moralia 1. 2. 1185b and 34. 1198a, but without mention of Heraclitus.

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[there assembled] adopt some system whereby full justice according to local laws and customs may be granted more promptly than here­ tofore 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 ac­ cordance 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 know­ ingly 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 anath­ ematize 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 punish­ ment, 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.19 5. [V]. The question next arises whether the warmakers can easily 49 For another view of excommunication, see chap. 101 below.

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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,20 will at once take steps to prevent anyone from bringing into their21 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 th at they can and will carry off the growing crops. W hatever cannot be carried off or utilized in the immediate vicinity should be destroyed. W hatever 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 w ar; they will then for the future be able to m aintain themselves while on guard to prevent the escape of the warmakers lest they lay waste the adjoining terri­ tory. The usual protracted sieges of strongly fortified positions in the enemy’s lands ought to be avoided. If the culprits shut them­ selves 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. W hatever 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 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 punish*° Compare the Summaria (fol. 230; Kämpf, 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 .(II, 243) ] which begins Novit ille qui nikU ignorât, 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.* n I. e., of the duke or count and his presumed allies.

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m ent.22 For so the Lord willed and commanded through the proph­ et 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 m anner 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.’23 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 roasted24 and ate their little children, as Josephus relates in his book De antiquitatibus, where he speaks of the destruc­ tion of Jerusalem .25 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 con­ firmed 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 terri­ tory; 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 with­ standing 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. 40; Kämpf, 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 m ajesty....’ 23 I Kings 15:22 (I Sam. 15:22). 24 The manuscript reads assatos, not affatos as in Langlois. 26 The episode is not related in De antiquitatibus, but in De betto Judaico vi. iii.

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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 punishment no one will venture to open hostilities. 9. [V I]. Now if all Catholics are at peace with one another, war­ riors will stream from every direction toward the Holy Land and will in all probability be able to recover and defend it. 10. The republics of Genoa, Venice, and Pisa have hitherto gone 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 m aintain lasting peace with one another if it be determined that any one of their neighbors may institute proceedings against them in this fashion. 11. I f die 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. 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. I f 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. [V II]. But what of those cities and the many princes who recognize no superior authority on earth26 possessing the power to judge them in accordance with local laws and customs? When these cities and princes engage in controversies, before whom shall M As it stands, the phrase principes superiores in terris non recognoseentes 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 terns as 'on earth* where it occurs in that context. Text of the Supplication in Dupuy, Histoire du différend, 'Preuves,* p. 214.

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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.27 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 judg­ ment, 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 78 87 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 très judices prelatos et très alios pro utraque parte, locupletes, et tales quod sit verisimile ipsos non posse comunpi amore, odio, timoré, concupiscencia, vel alias, qui convenientes in loco ad hoc aptiori, jurati strictissime... testes et instrumenta recipiant, diligentissime 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.).

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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. I f no change is made, the verdict shall be properly confirmed for the perm anent record of the case, and entry thereof made in the registers of the holy Roman Church. 13 [V III]. 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 accompany­ ing 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 abun­ dant aid for the recovery and maintenance of the Holy Land, and for the many temporal benefits which should long since have ac­ crued to us from that land; yea further, that the welfare and pros­ perity 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 .28 He might concede some indemnification in the m atter of the possessions and immunities of the Empire in order to avoid dispute and to quiet the rapacity of the electors.29 Moreover, the new king and emperor-to-be should *• Compare chap. 114 below. *• 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

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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].30 14 [IX]. 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 war­ riors 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 themselves31 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.32 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 *8012 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 à 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; Kämpf, 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 (ibid., 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 (ibid., V, 745 f.). 82 On the consolidation of the military crusading orders proposed by Gregory X, Nicholas IV, and Boniface V III, see Histoire littéraire, XXVII, 385, and compare XXVI, 524. See also Scholz, Publizistik, pp. 405 f.; MGH, Scriptores, XVII, 594.

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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 Acre33 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 sup­ port 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]. 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 hith­ erto, for the sake of this income, betrayed the Holy Land and failed in their duty toward it.34 When its usefulness becomes apparent this 88 Acre was captured by the Mamelukes in 1291. 84 It 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

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annual income will be increased appreciably by the alms of the faithful, the confiscated property of those who instigate wars [of aggression], 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*36 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 under­ stand their language be added in numbers sufficient to form an ar­ my. Men of every rank, even women—widows as well as the mar­ ried—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 com­ munities 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. of these pamphlets were published by Boutaric in Notices et extraits, XX, Part II, Docu­ ments Nos. XXVII and XXVIII. In 1310 William of Nogaretwrote thatthe ‘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. XXXVII). 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. 36 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, 19, n. i, citing the unpublished MS Bibl. nat. franç. 6049).

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17. The princes and other magnates who participate in the expedi­ tion 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 con­ veniently provide. This outlay will eventually have to be supple­ mented 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 dis­ trict as well, should be permitted to occupy some city, fortress, or other position of importance there, together with the adj oining terri­ tory, the extent of such occupation being in proportion to the num­ ber of their own people taking part in the expedition. New arrivals, exhausted by the difficult roads, the variety of sleeping accommoda­ tions, 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 lot36 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 com­ forts 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 wound­ ed, 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 36 The manuscript reads sorciantur, not forciantur as in Langlois.

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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 set­ tlement 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 mer­ chants 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 en­ trusted to the command37 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. It is reported that the Tatars,88who wage war after the manner customary at the time of King Alexander (according to the Alexan87 The manuscript reads praesit, not passif as in Langlois. 38 Dubois is fond of referring to the customs of the Tatars, by whom he probably means the Mongols. Compare the Summaria (fol. I ir; Kämpf, p. 19) : T 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], II, No. 464).

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dreisf* 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. I t 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.40 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 fol­ low the example of that supreme warrior, Charlemagne, and have the larger part of the army proceed by land,41 after gaining per89 The exploits of Alexander the Great gave rise to numerous legends in both East and West. About 1176-79 Gautier de Châtillon composed the Alexandras, 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 von Châtillon (Halle, 1905). Another version of the Alexander legend is translated in part by Margaret Schlauch, Médiéval Narrative: A Book of Translations (New York, 1928), pp. 281-331. 40The proposals set forth in this chapter were repeated by Dubois in his memoir of 1308, Profacto Terre Samte: ‘T hus... 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,'KX., Part II, 188. 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 Modems between them (Delaville le Roulx, I, 27-32; Bréhier, V Eglise et VOrient, 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

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mission for this from Palaeologus*42 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 Hystoria 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 [jte], who fled before the emperor, yielding to him many lands and fortified positions.43 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.44 suggested assembling a Christian navy in the Persian Gulf (Delaville le Roulx, I, 62, 72—74). Brocard, who in 1332 wrote the Directorium adpassagium 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 Palaeologus, emperor 1282—1328. 48 The Hystoria Hierosolimitana is evidently the work ascribed to Richard, canon of the Holy Trinity of London, edited in part by Paulus in MGH, Scriptores, XXVII, 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, lxxix; 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 Profacto 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

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27 [X III]. 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.’45 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 sou?;46 or, as the Philosopher puts it, ‘All virtue united is stronger than the same divided and scattered.’47They may then, through théir 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. T hat this procedure is advisable may be gathered from the events of the wars of that excellent soldier, Judas Maccabeus, and his 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 II, 188). 46 Ps. 33:15. 44 Acts 4:32. 47 Based on Nicomachean Ethics DC. 6. 1167b 5.

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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.’49 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,’50 and the canon founded on it, ‘Let no one rely on his own understanding.’51 [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, ‘The peace of God, which surpasseth all understanding, keep your hearts and minds.’52 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, ‘W ar is in and of itself so wrong and evil that whoever seeks war for its own sake has reached the extreme of wickedness.’53 Similar, although not so extreme, is the evil of civil controversies and litigation.54 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,’55 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. 60 Prov. 3:5. 81 Corp.jur. can., Decretal. Greg. IX Lib. I. Tit. 2. cap. 1 (II, 7). 82 Phil. 4:7. 88 Nicomachean Ethics x. 7. 1177b 8-10. 84 In Dubois’ eyes wars and litigation are the two plagues of society. This is the central theme of the Summaria. 88 Politics vu. 14. 1333a to; similarly, Nicomachean Ethics m. 1. 1109b 11-13.

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ought to concede and deny everything which Heraclitus would con­ cede and deny were he present,’56 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’;57 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.’58 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.59 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 advo­ cates, ministers, and judges of human law more highly than those of divine law; how they abandon their churches and frequent the 56 Topics vra. 6. 159b 29-36. 87 Acts 1:1.

88 Gal. 6:10. The words ‘so far as it is in us* do not occur in the Vulgate. 69 Corp.jur. civ., Novellae 77. 6. Preface.

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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 law. 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 suc­ ceeded in getting possession of great prelacies through their knowl­ edge and practice of civil law.60 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 tem­ poralities, 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 ab­ bots 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.

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sitten on the chair of Moses; do what they say, but do ÿe not what they do.’61 ‘By their fruits (that is, their deeds) you shall know them.’62 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.’68 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 prop­ erty 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 priories64 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. 3 1. 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 #1 M att. 23:2-3, inexactly quoted. •a M att. 7:16. M Magna Moralia n. 6. 1201b 13-15. Undoubtedly conflicts over temporal and eccle­ siastical 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 ; Kämpf, pp. 22 f.); from the ecclesiastical point of view in the documente published by F. Ehrle as ‘Ein Bruchstück der Acten des Concils von Vienne,* Archivfür Literatur- und Kirchengeschichte, IV (1888), 361-470. M 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.

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comfort but even in luxury at the universities. The lord pope has heard of many who do this, and it is believed that he is well acquaint­ ed with the practice from his own career in university towns. Abbots and other authorities of the same order are frequently negli­ gent 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;65 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?66 How through their agents they cause the money which they extort from them, especial­ ly 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 in-46 46 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 tiranni 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. 46 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 modem French translation, by Lizerand {Dossier, pp. 84-94).

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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 a monastery? 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 his moneys at interest?67 35 [X V III]. 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 with their titles. Therefore it is necessary for them, like mercena­ ries, to live by plunder as it were. How can those who are ac­ customed 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,’68 and those who differ widely represent con­ traries. 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.69 And everyone 87 Guillaume le Maire, in his memoir of 1312 (Mélanges historiques, II, 481 ft), 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 informa 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 prelatés 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.’ 68 Politics v. 8. 1307b 29. 69 Corp.jur. can., Decret. Gratiani Pars II. can 78. C. XI. qu, 3 (I, 665).

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believes and says this: ‘Gifts accepted bind.5 As the commentator on Averroes wrote, ‘Nothing that is common report is found to be altogether false/70 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 subordi­ nates.’71 [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.’72 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. W hat would be the right and duty of the king toward such a physician? Gould 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 is 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 I 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).

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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” ?78 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 m atter? Do we not see plainly that prelates are frequently absent and neglect the care of spiritual matters because they are busy with tem­ poral 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 these more, and are they not accustomed to do it in notorious fashion ? [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, T give you an example, that just as Î have loved you, so you do also* ?74 Referring to this, the apostle says, ‘Every act of Christ ought to be our instruction.’75 Does not civil law agree with this when it says, ‘It matters not whether the Roman people ex­ presses its will in words or in the very deeds and facts themselves’?76 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 ?77 And for the sake of those entrusted to their care, their neighbors, and relatives, lest these follow their example ? 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 79 Not from Scripture, but from Corp.jwr. civ., Code 1.3. 19. 74John 13:15, incorrectly quoted. Compare the correct quotation below, chap. 111. 79An inference from Rom. 15:4. ,# Corp.jur. civ.. Digest 1. 3. 3a. 77 Corp.jur. can., Décrétât. Greg. IX Lib. I. Tit. 36. cap. 4 (II, 207).

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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, al­ though in this matter acting in God’s stead ? W hat is their reputa­ tion ? Do they not place the ties of blood, of country, and of temporal service above the prudence, wisdom, and experience of the phy­ sicians 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 re­ turn 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 vic­ tory; 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 archiépiscopal 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 ac­ customed to warfare, but to whom the archbishop was not bound. If he made such a choice, preferring an inexperienced to an ex­ perienced 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 victori­ ous 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

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whom they love more or from whom they expect rewards; if they fail to provide the churches with better men because they prefer 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 lèse 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? O f such matters the apostle says, T f 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’ ?79 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.’80 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? 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 78 I Cor. 8:13, with slight verbal changes. 79 Corp.jur. can., Decretal. Greg. IX Lib. V. Tit. 32. cap. 2 (II, 848). 80 A badly garbled version of Corp.jur. can., Decret. Gratiani Pars II. can. 15. C.xxii.qu. 2. (I, 872).

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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.’81 Since their sins stand in the way, the people are un­ worthy 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.’82 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.’83 39 [XXII], The foregoing and other occasions for the perdition of souls, as well as the probable obstacles to the recovery and main­ tenance of the Holy Land, are presented for your careful considera­ tion. 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. I (I, 596). 82Job 34:30, inexactly quoted. 88 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 hun­ dred 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.

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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. 40 [X X III]. A reform of conditions to this end should be most 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 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, and for correcting 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 84 Dubois had already in thé Sununaria (fol. 7; Kämpf, 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

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41 [XXIV]. Let the lord pope also be asked to consider the in­ come 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 accus­ tomed to perform at the curia, as well as considerable expense, since, being withdrawn from the curia, they will no longer need to ap­ proach 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 power­ ful 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 ade­ quately confuted by anyone.*

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of the gifts they continue to bestow. The cardinals have been accus­ tomed to maintain their positions through such irregular gifts and fees. 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 de­ ceased 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. 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 perpetu­ ity 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. 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

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that his chains and enticements are thereby greatly hindered! If the prelates under this arrangement have a smaller income than be­ fore, 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 rhetor­ ical 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 [XXVII]. If this reform85 can be realized, the whole common­ wealth 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.’86 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. 86 Metaphysics A . 10. 1075a 12-15.

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purpose and strive with all his might toward this goal. If this be done as it should be, the army will seldom or never fail in its purpose and objective. 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;87 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 in litigation nor in wranglings, especially over secular matters, but in the reading and teaching of Holy Scripture, in prayer and activi­ ties pertaining to the workaday world, after the manner of Mary and M artha. They should seek a happiness both contemplative and civic, to borrow the Philosopher’s words.88 If they resist the proposed reforms and strive to return to their worldly wranglings and occupa­ tions, 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.’89 47 [X X V III]. 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,*90 can be proved conclusively. I submit that what is written in the Old Testament is the symbol and model of the New. I 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 because they served Him and kept and taught His law and com­ mandments. 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 87 Based on Consolât, philosophise m. io. 88 Politics vu. 2. 1324a 27-30. 88 Luke 9:62. 80 A paraphrase of Rom. 15: 4.

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share in the division of this heritage, but commanded Joshua to di­ vide it among the eleven tribes. The tribe of Levi, especially ap­ pointed 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 whole­ heartedly. 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.”91 Ye have not even observed that in the canon of the holy fathers it is set down as a good example that Socrates,92 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, litiga­ tion, and wars. Ye have refused peaceable wealth which would have been incomparably less of a hindrance to contemplation.’ w Nicomachean Ethics x. 8. 1178b 28- 1179a 5.

99Not Socrates, but Grates of Thebes, a disciple of Diogenes and teacher of Zeno. The reference is to Corp.jur. can., Decret. Gratiani Pars II. can. 71. G. xii. qu. 2 (I, 711).

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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. If anyone 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 er­ rors of addition or omission, as the civil law says.93 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,’9* 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, ‘O ur 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 modems 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.”95 We should not hesitate to adopt new methods when their usefulness is evident.’ [XXX] Does not Averroes96 say that the Arabs suffered many evils because they believed that their laws were to be universally obeyed 88 I have not been able to find this expression in civil law. 84Jas._i : 17. 85 Corp.jur. civ.y Digest 44. 1. 20. 88 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, 355-61. An edition of the commentaries of Averroes on Aristotle is being sponsored by the Mediaeval Academy of America; the first volume (Vol. V II of the series) appeared in 1949.

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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.’97 The rule of civil law puts it thus : ‘In civil law every definition is dangerous; for what cannot be altered is inadequate.’98 And another rule says, ‘In all our law a general principle is modified by an exception.’99 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 situ­ ation arises. Did not Saint Augustine, teacher of the English,1 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 97 Corp.jur. can., Decretal. Greg. IX Lib. IV. Tit. 14. cap. 8 (II, 703). In the manuscript this whole sentence appears as a marginal gloss, possibly added by the scribe as an explanatory note. 98 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.

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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.*2 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.8 3 Corp.jur. can.. Decret. Gratiani Pars II. can. 18. C. xii. qu. i (I, 683). 3 This anecdote, with the same error in ascription, appears in the Summaria (fol. 28»; Kämpf, 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]. Never­ theless, 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.] X II. [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 apoistles 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. 3ir; Kämpf, 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

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Many prelates use the defense of their patrimonies as a pretext for engaging in wars, seditions, and litigation. They neglect their spir­ itual 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 them­ selves 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 defend­ ing 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 fool­ ishness 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 individ­ ual, 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.*

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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 argu­ ments 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.4 It is customary to enact general laws first; then, whenever any absurdity or harmful injustice arises in a partic­ ular 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 law 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 [XXXII]. 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 temporali­ ties, 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 4 Compare the Summarta (fol. 28r; Kämpf, 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, became of what would be pointed out.'

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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;5 otherwise keep silent on this m atter.’ He may be answered that just as the prelates cannot escape their responsibili­ ties 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 subordi­ nates 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 punish­ ment 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; of­ ficials 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 8 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 emenda­ tion, ‘exemplum ut sic facientes detis prelatis.’ The translation follows Zeck.

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have maintained that they cannot be punished by temporal princes for felony because of their personal acts. [They even maintain that they cannot be punished by such princes] for any personal act whatsoever. 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 [X X X III]. The attempt should be made to have all monks loitering in places and monasteries not conventual6 recalled to their abbeys, that they may lead a monastic life there. Lest divine worship in [such non-conventual] establishments be lessened, a chaplain should be appointed for each of their chapels. These chaplains should have modest livings and should celebrate the divine offices there every day. 55. W hat 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 resi­ dence 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.

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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 prac­ tice previously mentioned.7 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 com­ mon 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]. W hat shall be done with the property of such pri­ ories 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, is 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 Sec above, chap. 30.

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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 foundation8 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 accom­ plished 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. [XXXV] 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’).9 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 man­ ner of living ? And instead of changing it, fix it as a habit, which is another nature, since it alters nature ?101To 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. 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.11 I t is said that in the oriental countries there 8 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 provisio, 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. Gratiani Pars I. can. 12. dist. xl (I, 148). 10 Nicomachean Ethics vn. 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

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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 obe­ dient, just as we obey the Roman bishop, is called pentharcos.1* 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.’1213*18 The Lord has willed and provided that the Roman pontiff, His vicar, the successor of Peter on earth, shall be the head of the uni­ versal 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, I, 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, XXIX, 11, 47; Delaville le Roulx, I, 28 f. The views of Roger Bacon on the subject are found in Part III of the Opus maius (ed. J. H. Bridges [3 vols.; new ed.; London, 1900], Vol. Ill) and in the Opus tertium (ed. Brewer, pp. 88-95). 12 Dubois mentions thepentarcos in one of his tracts against Boniface V III, 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. X X V III, 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 (His­ toire littéraire, XXVI, 502). Dubois may have had in mind the Greek patriarch. 18 Timaeus 47 C.

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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 under­ stand the language of both and expound their mutual wills? Such interpreters must know how to respond so reasonably to the objec­ tions 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 lat­ ter come to the pope.14 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 ne­ glect 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, 14 In 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.’

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‘Learn as if you were to live forever, but live as though you were to die tomorrow’ ?15 60 [XXXVII]. The most holy father and lord pope of Rome, Cle­ ment 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,16 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 contin­ uously 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 Göttingen florilegium of 1366: ‘Vive vacans studio, quasi numquam sis moriturus, Vive carens uitio, tamquam sis eras moriturus’ (E. Voigt, ‘Florilegium Göttingense,’ Romanische Forschungen, III [1887], 293). 16 I.e., the recovery and maintenance of the Holy Land.

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61. All these children are to be instructed first in the Latin lan­ guage, up to the point where they have a good, or at least a fair, grasp of it.17 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. 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. O f 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. [XXXVIII] 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 : Tsti omnes primo in lingua latina, in tantum quod earn sufficienter intelligant, vel ante paulatim instruantur. ’

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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.18 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 ex19 Dubois was an avowed opponent of clerical celibacy. In the Summaria (fols. 290, 3or; Kämpf, 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 (unusquisqtie), 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, ’‘Do ye,” 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 diem .... Wives are kept openly and without pre­ tense; concubines and the adulterous secredy, 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.’

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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 devoted19 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.’20 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 send­ ing 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 n. 9. 1387b.

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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.’21 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’ ?22 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:23‘Whosoever committeth sin, is the servant of sin;24 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.’25 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, 21 Apparently from De caelo i. 4. 271a 34, where there is no allusion to the elements. 82 Consolât, philosophiae iv. 2. 28 Sermo. This may mean lecture rather than sermon, since Dubois undoubtedly heard Thomas deliver lectures (Zeck, Der Publizist, p. 99). 24John 8:34. w Metaphysics A . 10. 1075a 12-15.

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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.26 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.’27 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. ** 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. 17 M att. 10:18-19.

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65. The successor of Peter, the vicar and beyond all others the imitator of Christ, cannot grant knowledge suddenly and miracu­ lously. 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 con­ cerned, 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, con­ tinuance, and completion of this work. 66. In order that the originators and benefactors of this founda­ tion 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 com­ modities 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

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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 hus­ band. 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 *• *• Possibly based on Aristotle's description of the breeding habits of hedgehogs, De gen. animalwm 1. 5. 717b 29, or of serpents, ibid., 1. 7. 718a 16-22. Aristotle does not mention demons.

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reduced by the means to be described below,29 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 proper­ ty. 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 phil­ osophy 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 cismontane30 peoples, as we read in the histories of the ancients. If the Catholic sect were to form a single common­ wealth in all kingdoms and places, and stimulate study in all fa­ vorable 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 foundation31 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 29 Chaps. 91-93. 80 I.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.

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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,32 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 Cato88 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 form84 three or four times a day, doing their Latin com­ position 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 Gradual35 and later the Breviary,36 but not the Missal,87 except what is in the Bible. After the Breviary, let them construe the Golden Legend of the saints,38 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 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 o f Cato (Madison, Wis., 1922). 84PuerUiter. 85 An antiphon or responsory sung or recited as part of the liturgy. 88 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.

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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. O f 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,89 on the three following Tobias, a n d so with the others. Let them hear six lessons every day from two teach­ ers; 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 sen­ tence 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,41in so far as it pertains to the inflection of nouns and verbs, and finally the Graecismus,42 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. Ostemacher (Urfahr, 1902). See also G. L. Hamilton, ‘Theodulus: A Mediaeval Textbook,’ Modern Philology, V II (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., GXXI. 40 The Tobias of Matthew of Vendôme (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 (Henri d’Andeli, Battle of the Arts, ed. and trans. Paetow, p. 53, n. 285). The poem was edited by F. A. W. Müldener (Göttingen, 1855). An older edition (1642), more readily available, is reprinted in Migne, Pat. Lat., CCV, 933-80. 41A grammatical treatise in hexameters, composed by Alexander de Villa-Dei (fl. 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

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enough to gain a comprehension of its literal meaning but without any insistence on other formalities. 72 [XLVI], O n 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 di­ rect 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 books once in formal lectures.43 This ought to be accomplished by their fourteenth year. Then let them begin to hear natural science. Because of its prolixi­ ty and profundity it is desirable that the Naturalia of friar Albertus,44 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 die 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 Science (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. 30]).

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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;45 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,46 Siger,47 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 ma­ terial 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, al­ though 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,48 ethics, rhetoric, and politics 46 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). 44 The reference is probably to Thomas of Gantimpré (fl. 1228-44), not to Thomas Aquinas. The former compiled a lengthy treatise, On the Nature of Things. On Thomas of Gantimpré, see Thorndike, History of Magic, II, chap, liii; and Pauline Aiken, ‘The Animal History of Albertus Magnus and Thomas of Cantimpré,’ Speculum, X X II (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 V III of the Physics has now been edited by P. Delhaye, Questions sur la Physique 938-.

A significant contribution to the history of the later crusades and of the theorists who proposed new crusades. Bacon, Roger. Opera quâedam hactenus inedita. Ed. John S. Brewer. Lon­ don: 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. I ll of the new edition contains a revised text of the first three parts as they appeared in the Oxford edition of 1897, with correc­ tions, emendations, and additional notes. The English translation by Robert Belle Burke (2 vols. ; Philadelphia : University of Penn­ sylvania 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 manu­ scripts, which enabled him to rectify certain errors and omissions in the original edition. Baudouin, Adolphe: see Philip IV. Beazley, Charles Raymond. The Dawn of Modem Geography: A His­ tory 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 X H Ie siècle par les Dominicains en Espagne et en Afrique,’ Revue africainey LXIII (1932), 84-103. Beugnot, Arthur A., Comte, ed. Les Olim, ou registres des arrêts rendus par la cour du roi sous les règnes 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 l’histoire de France,’ No. 65. Bientinesi, Giuseppina. ‘Vincenzo di Beauvais e Pietro Dubois considérât! come pedagogisti,’ Atti della reale accademia dette scienze di Torino, LI (1915-16), 1411-30; LII (1916), 191-207. Bigwood, Georges. ‘La Politique de la laine en France sous les règnes de Philippe le Bel et de ses fils,’ Revue belge dephilologie et d'histoire, Brus­ sels, x v (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.

2 i8

Works Cited

Boase, ThomasS.R. Boniface VIII. London: Constable, [1933]. ‘Makers of the Middle Ages.* Bongars, Jacques. Gesta Dei per Francos sive orientalium expeditionum et regni Francorum Hierosolimitani historia, a variis, sed illius aeui, scriptoribus, litteris commendata. 2 vols, in 1. Hanover: John Aubrius, 1611. Although almost wholly 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 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 âge. Paris : H. Plon, 1861. ----- ‘Les Idées modernes chez un politique du X lV e siècle : Pierre Du Bois,’ Revue contemporaine, sér. 2, XXXVIII (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 ap­ peared 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 aperçu des principaux changements survenus jusqu’à nos jours dans la formation de l’armée. Paris: H. Plon, 1863. ------‘Mémoire sur la vie, les œuvres et les doctrines politiques de Pierre Dubois, légiste du quatorzième siècle,’ Comptes rendus de VAcadémie des inscriptions et belles-lettres, VIII (1864), 84-106. An analysis, with historical background, of the De recuperatione. ----- ‘Notices et extraits de documents inédits relatifs à l’histoire de France sous Philippe le Bel,’ Notices et extraits des manuscrits de la Bibliothèque nationale et autres bibliothèques, 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, XXXV (1930), 507-21. Contends that nearly all of Dubois’ ideas may be found in the writ­ ings of his contemporaries or near predecessors. Bréhier, Louis. L’Eglise et l’Orient au moyen âge : les croisades. 4th ed. Paris: Lecoffre, 1921. ‘Bibliothèque de l’enseignement de l’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]

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regem Franciae in Terram sanctam anno 1332. Ed. Kohler, in Recueil des historiens des croisades, documents arméniens, II, 367-517. Callery, Alphonse. ‘Les Premiers États Généraux : origine, pouvoirs et attributions,’ Revue des questions historiques, XXIX (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 1 von Lusignan, König 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. Châtelain. 4 vols. Paris: Delalain, 1889-97. The standard collection of source material on the medieval Univer­ sity of Paris. Chénon, Emile. Histoire générale du droit français public et privé, des origines à 1815. 2 vols. Paris: Recueil Sirey, 1926-29. Relies heavily upon the earlier work of Tardif. Christensen, Heinrich. Das Alexanderlied Walters von Châtillon. 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 Cœur 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. Krüger, T. Mommsen, et 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. Crowley, Theodore. Roger Bacon: The Problem of the Soul in His Philosophical Commentaries. Louvain : Institut supérieure de philoso­ phie, 1950. 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 VIII 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 X lV e siècle: expéditions du maréchal Boucicaut. 2 vols. Paris: E. Thorin, 1886. ‘Bibliothèque des Ecoles françaises d’Athènes et de Rome,’ fasc. 44-45. Valuable for the later crusading movement. Based in part on manu­ script materials as yet unedited. Delhaye, Philippe : see Siger de Brabant. Delisle, Léopold Victor. ‘Le Clergé normand au XHIe siècle, d’après le Registrum visitationum archiepiscopi Rothomagensis; Journal des visites pastorales d’Eude Rigaud, archevêque de Rouen, 1248-1269,’ Bib­ liothèque de VEcole des chartes, sér. 2, III (1846), 479-99. (Whole num­ ber, Vol VIII.) ------‘Mémoire sur les opérations financières des Templiers,* Mémoires de VAcadémie des inscriptions et belles-lettres, XXXIII (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. Digard, Georges A. L. Philippe le Bel et le Saint-Siège de 1285 à 1304. Ouvrage posthume publié par Françoise Lehoux. 2 vols. Paris: Recueil Sirey, 1936. Sums up the results of a generation of research. Documents historiques inédits tirés des collections manuscrits de la Bibliothèque royale et des archives ou des bibliothèques des départe­ ments. Ed. [J. J.] Champollion-Figeac et al. 4 vols. Paris: Firmin Didot frères, 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. ‘Univer­ sity 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 siège en Avignon et quelques procès criminels. Ed. M. Gürtler. 2 vols. Brussels: Foppens, 1713. Copy in the Library of Congress. [----- ]. Histoire du différend d’entre le pape Boniface VIII et Philippes [j£e] le Bel, roy de France, où l’on voit ce qui passa touchant cette affaire, depuis l’an 1296 iusques en l’an 1311 sous les pontificats de Boniface V III, Benoist XI & Clement V ; ensemble le procès criminel fait a Bernard evesque de Pâmiez l’an MCCXCV ; 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 in­ dispensable 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 V III, 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.lt is generally catalogued under‘Dupuy,’ although his name does not appear on the title page. Copy in the Harvard Library. ----- Traitéz concernant l’histoire de France; sçavoir la condamnation des Templiers, avec quelques actes; l’histoire du schisme; les papes tenans le siège en Avignon; et quelques procez criminels. Paris: Dupuy, 1654. Copy in the New York Public Library. Duval, Frédéric Victor. De la paix de dieu à 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 in­ dices 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 Colum­ bia University Library.

222

Works Cited

Ehrle, Franz. ‘Ein Bruchstück der Acten des Goncils von Vienne,* Archiv für Literatur- und Kirchengeschichte des Mittelalters, hrsg. von H. Denifle und F. Ehrle, IV (1888), 361-470. Includes a number of pertinent documents illustrating the juris­ dictional strife between the secular and ecclesiastical authorities. Esmein, 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 Manage 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 française 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 rôle dans sa construction. Paris: Presses universitaires de France, 1942. ----- L’Europe occidentale de 1270 à 1380: première partie, de 1270 à 1328. Paris: Presses universitaires de France, 1940. ‘Histoire générale, publ. G. Glotz; Histoire du moyen âge,’ 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, französischen, 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. I ll separately. ----- Aus den Tagen Bonifaz VIII: Funde und Forschungen. Münster: 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. Kösel, 1913. ----- Papsttum und Untergang des Templerordens. 2 vols. Münster: Aschendorff, 1907. Hans Prutz took issue with some of Finke’s conclusions, and a lively

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literary controversy ensued. Bibliography in E. Zeck, Der Publizist Pierre Dubois, pp. xi-xvi. ----- ‘Die Stellung der Frau in Mittelalter,’ Internationale Wochenschrift für 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 1909-10. ----- ‘Zur Charakteristik Philipps des Schönen,’ Mitteilungen des Instituts für österreichische Geschichtsforschung, XXVI (1905), 201-24. Fliehe, Augustin. Etudes sur la polémique religieuse à l’époque de Gré­ goire VII : les prégrégoriens. Paris : Société française d’imprimerie et de librairie, 1916. Fournier, Paul. ‘Guillaume du Breuil, juriste.’ In Histoire littéraire, XXXVII (1938), 120-46. ----- Le Royaume d’Arles et de Vienne (1138-1378): étude sur la for­ mation territoriale de la France dans l’est et le sud-est. Paris : Picard, 1891. Funck-Brentano, Frantz. ‘Mémoire sur la bataille de Courtrai (1302, 11 Juillet) et les chroniqueurs qui en ont traité, pour servir à l’historio­ graphie du règne de Philippe le Bel,’ Mémoiresprésentés par divers savants à VAcadémie des inscriptions et belles-lettres de VInstitut 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-xxii. Funke, Paul. Papst Benedikt XI. Münster: H. Schöningh, 1891. ‘Kirchen­ geschichtliche Studien,’ hrsg. von Knöpfler et al., Vol. I. Gautier de Châtillon. Alexandreis. Ed. Friedrich A. W. Müldener. Leip­ zig: Teubner, 1863. An older edition is reprinted in Migne, Pat. Lat., CCIX, 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 pacis. Gilles de Rome : see Aegidius Romanus. Giordano, Carlo. Alexandras, poema di Gauthier de Châtillon. Naples: Federico & Ardia, 1917. Gmelin, Julius. Schuld oder Unschuld des Tempelordens. Kritischer Versuch zur Lösung 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

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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, I, 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, X XIX (1908), 497-536. A detailed discussion of the anonymous Tractatus de iurisdictione imperatoris et imperii, also known as Determinate compendiosa de iuris­

dictione imperii. ----- ‘Dante und die Idee des Weltfriedens,* Historisch-politische Blätterfür 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], Historisches Jahrbuch, X II (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 imperii, und Jordanus von Osnabrück, Deprerogativa Romani imperii. Leipzig: Teubner, 1930. ‘Quellen zur Geistesgeschichte des Mittelalters und der Renaissance,’ Ed. W. Goetz, Vol. II. Jordanus von Osnabrück expressed a German patriotism quite as blatant as the French chauvinism of Dubois. Gualterus ab Insulis : see Gautier de Châtillon. Guilhiermoz, Paul E. ‘De la persistance du caractère oral dans la procé­ dure civile française,’ Nouvelle revue historique du droit français et étranger, X III (1889), 21-65. ------Enquêtes et procès : étude sur la procédure et le fonctionnement du Parlement au XIVe siècle. Paris: Picard, 1892. Guillaume le Maire. Livre de Guillaume le Maire. Ed. Gélestin Port. In Mélanges historiques, II, 189-537. ‘Collection de documents inédits sur l’histoire de France,’ No. 52.

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Guillaume le Maire, bishop of Angers, died in 1314. The volume includes his De reformandis in ecclesia. Guillaume de Nangis. Ghronicon, et continuator prior. In Recueil des historiens des Gaules et de la France, ed. Bouquet, XX, 544-646. Habel, Edwin. ‘Johannes de Garlandia, ein Schulmann des 13. Jahr­ hunderts,’ Mitteilungen der Gesellschaft für deutsche Erziehungs- und Schul­ geschichte, X IX (1909), 1-34, 118-30. Haller, Johannes. Papsttum und Kirchenreform: vier Kapitel zur Ge­ schichte 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,W ll (1910), 169-85. Haskins, Charles H. Studies in the History of Mediaeval Science. Cam­ bridge: Harvard University Press, 1924. Hauréau, Jean B. ‘De récupérations Terrae Sanctae: traité de politique gé­ nérale par Pierre Dubois, publié par Ch. V. Langlois, 1891,’ Journal des savants, 1894, 117—23. A lengthy review of Langlois’ edition of the De recuperations. ------‘Richard Leneveu, évêque de Béziers.’ In Histoire littéraire, XXVI, 539 51 Hearnshaw, Fossey J. C. : see Power, Eileen. Heber, Max. Gutachten und Reformvorschläge fïir das Vienner Generalconcil, 1311-1312. Leipzig: Fischer & Wittig, 1896. Hefele, Karl Joseph von. Conciliengeschichte : nach den Quellen bear­ beitet. 2d ed. 9 vols. Freiburg-im-Breisgau: Herder, 1873-90. Vols V and VI edited by A. Knöpfler; Vols. VIII and IX by Cardinal Hergenröther. Heidelberger, Franz. Kreuzzugsversuche um die Wende des 13. Jahr­ hunderts. Berlin and Leipzig: W. Rothschild, 1911. ‘Abhandlungen zur mittleren und neueren Geschichte,’ Vol. XXXI. Henri d’Andeli. Battle of the Seven Arts. Ed. and trans. Louis J. Paetow. Berkeley: University of California Press, 1914. ‘Memoirs of the Univer­ sity of California,’ Vol. IV, No. 1. This thirteenth-century trouvère 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 assem­ blées représentatives pendant la première moitié du XI Ve siècle. 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 recuperations. Heyd, Wilhelm von. Histoire du commerce du Levant au moyen-âge. Edition française refondue et considérablement augmentée par l’au-

*

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teur, publiée sous le patronage de la Société de l’Orient latin, par Fourcy Raynaud. 2 vols. Leipzig: Harrassowitz, 1885-86. Reprinted in 1923. Hill, Sir George: A History of Cyprus. 3 vols. Cambridge: Cambridge University Press, 1948. Histoire littéraire de la France. Paris: Imprimerie nationale, 1733—. Vol. XXXVIII appeared in 1949. Title and imprint vary. Hofier, Constantin R. von, ‘Die romanische Welt und ihr Verhältnis zu den Reformideen des Mittelalters,’ Sitzungsberichte der kaiserlichen [ Wiener] Akademie der Wissenschaften philosophisch-historische Klasse

XCI (1878), 257-538. A brief summary of Dubois* ideas, pp. 318-22. Holtzmann, Robert. Französische Verfassungsgeschichte von der Mitte des neunten Jahrhunderts bis zur Revolution. Munich and Berlin: R. Oldenbourg, 1910. ‘Handbuch der mittelalterlichen und neueren Geschichte,* Vol. III. ----- ‘Philipp der Schöne von Frankreich und die Bulle Ausculta filij Deutsche Zeitschrift für Geschichtswissenschaft, Neue Folge, II (1897), 16-38. Contends that the bull was publicly burned. ----- Wilhelm von Nogaret: Rat und Grosssiegelbewahrer Philipps des Schönen von Frankreich. Freiburg-im-Breisgau: J. C. B. Mohr, 1898. 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. Brügel & Sohn, 1892. One of the best treatments of the general subject. Humbertus de Romanis : see Michel, Karl. Jacobus de Voragine. The Golden Legend ofJacobus 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 transla­ tion. The Introduction and wealth of footnotes provide much infor­ mation about schools and textbooks of the thirteenth century.

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John of Paris. Tractatus de potestate regia et papali: Interdum contingit. In M. Goldast, ed., Monarchia s. Romani imperii, II, 108-47. Brief selections from this pamphlet by a contemporary of Dubois are translated in Carlyle, Mediaeval Political Theory, V, 428«, 434«. Jordanus von Osnabrück. ‘Des Jordanus von Osnabrück Buch [.Deprerogativa Romani imperii] über das römische Reich, herausgegeben von G. Waitz,’ Abhandlungen der königlichen Gesellschaft der Wissenschaften zu Göttingen, historisch-philologischen Klasse, XIV (1869), 1-91. Text and Introduction. Jourdain, Charles. ‘Un Collège oriental à Paris au treizième siècle,* Revue des sociétés savantes des départements, sér. 2, VI (1861), 66-73. ------ ‘Mémoire sur les commencements de la marine militaire sous Philippe le Bel,’ Mémoires de VAcadémie des inscriptions et belles-lettres, X X X (1881), Part I, 377-418. ------‘Mémoire sur l’éducation des femmes au moyen âge,’ Mémoires de VAcadémie des inscriptions et belles-lettres, XXVIII (1874), 79-133. Reprinted in his Excursions historiques et philosophiques à travers le moyen âge (Paris, 1888), pp. 463-509. Kämpf, Hellmut. Pierre Dubois und die geistigen Grundlagen des französischen Nationalbewusstseins um 1300. Leipzig: Teubner, 1935. ‘Beiträge 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 con­ temporary 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 auswärtigen Beziehungen Deutschlands, in ausländischen Archiven gesammelt. Tübingen: J. C. B. Mohr, 1910. ------Die Anfänge der französischen Ausdehnungspolitik bis zum Jahr 1308. Tübingen: J. C. B. Mohr, 1910. ------Grundlagen der französischen Ausdehnungspolitik. Leipzig: Hirsch­ feld, 1910. Kervyn de Lettenhove, Joseph B. M. C. ‘Etudes sur l’histoire du X lIIe siècle,’ Mémoires de VAcadémie royale des sciences, des lettres 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 Qßia 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: Gh. Beyaert, 1898.

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Kraussold, Max. Die politische Beziehungen zwischen Deutschland und Frankreich während der Regierung Heinrichs VII. Munich: Kästner & Lossen, 1900. Lajard, Félix. ‘Eudes de Sens, dit de Saint-Sauveur, jurisconsulte.* In Histoire littéraire, XXV, 85-93. In 1301 Eudes composed a Summa dejudiciis possessoribus in which he proposed to simplify and shorten legal procedure in civil suits. Landry, Adolphe. Essai économique sur les mutations des monnaies dans l’ancienne France de Philippe le Bel à Charles VII. Paris: Champion, 1910. ‘Bibliothèque de l’Ecole des hautes études, publié sous les auspices du ministère de l’instruction publique; sciences historiques et philolo­ giques,* fasc. 185. Langlois, Charles V. ‘L’Affaire des Templiers,’ Journal des savants, VI (1908), 417-35. A lengthy critical review of H. Finke, Papsttum und Untergang des

Templerordens. — — ‘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 et extraits des manuscrits de la Bibliothèque nationale et autres bibliothèques, XXXIX (1909), 211-54. A brief calendar of some 642 documents. ----- Questions d’histoire et d’enseignement. Paris: Hachette, 1902. Pages 50-103 deal with Siger de Brabant. ----- Le Règne de Philippe III le Hardi. Paris: Hachette, 1887. ----- ‘Satire cléricale du temps de Philippe le Bel,’ Moyen Age, V (1892), 146 ff. 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’à la révolution. 9 vols, in 18. Paris: Hachette, 1900-11. Vol. I ll, Part II, deals with the reign of Philip IV. Leroux, Alfred. ‘La Royauté française et le Saint Empire romain au moyen âge,’ 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, 1910. Extensive bibliography, pp. xxiii-xlviii, marred by careless proof­ reading. ----- ‘Les Dépositions du Grand Maître Jacques de Molay au procès des Templiers, 1307-1314,’ Moyen Age, XXVI (1913), 81-106. ----- ed. Le Dossier de l’affaire des Templiers. Paris: Champion, 1923.

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‘Classiques de l’histoire de France au moyen âge,* No. 2. Original and modern French on opposite pages. Loomis, Louise R. Medieval Hellenism. Lancaster, Pa.: Wickersham Press, 1906. Luchaire, Achille. Manuel des institutions françaises, période des Capé­ tiens directs. Paris: Hachette, 1892. Lull, Raymond. Obres. Ediciö original amb variants i facsimils dels més antics manuscrits. Transcripciô directa per Salvador Galmés y Miguel Ferrà. Prologo de Mateo Obrador y Bennâssar. 16 vols. Palma de Mallorca: lmp. Amengual y Muntaner, 1906-32. 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 Carrière 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 XH Ie siècle : étude critique et documents inédits. 2d ed. 2 vols. Louvain: Institut supérieure de philosophie de l’université, 1908-11. The more recent discoveries of Grabmann and others have com­ pelled a modification of Mandonnet’s position in a few particulars. Manitius, Max. ‘Zur Ueberlieferungsgeschichte mittelalterlicher Schul­ autoren,’ Mitteilungen der Gesellschaftfür deutsche Erziekungs- und Schulgeschickte, XVI (1906), 35-49, 232-77. The manuscript tradition of thirty-six medieval writers on edu­ cation. Marino 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 bas been translated by J. A. Giles as Matthew Paris' English History (3 vols. London: Bohn, 1852-54). Matthew of Vendôme. Matthaei Vindocinensis Tobias. Ed. Friedrich A. W. Müldener. Göttingen: Dietrich, 1855. One of the textbooks recommended by Dubois. An older edition by Johannes Heringius (1642) is reprinted in Migne, Pat. Lat., CGV, 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 l’histoire de France,* No. 52. Melville, Marion. ‘Guillaume de Nogaret et Philippe le Bel,* Revue d'histoire de l'église de France, XXXVI (1950), 56-66. A reply to Fawtier’s article, ‘L’Attentat d’Anagni.’

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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 recuperations in German translation. Meyer, Emil H. Die staats- und völkerrechtlichen Ideen von Peter Dubois. Marburg: Adolf Ebel, 1908. ‘Arbeiten aus dem juristisch­ staatswissenschaftlichen Seminar der königlichen Universität Mar­ burg,’ hrsg. von Walter Schücking, Vol VII. Despite its title, of minor importance. Meyer, Hermann. Lupoid von Bebenburg; Studien zu seinen Schriften: ein Beitrag zur Geschichte der staatsrechtlichen und kirchenpolitischen Ideen und Publizistik im 14. Jahrhundert. Freiburg-im-Breisgau: Her­ der, 1909. ‘Studien und Darstellungen aus dem Gebiet der Geschichte,* Vol. VII, Nos. 1, 2. ----- Textkritische Studien zu den Schriften von Lupoid von Bebenburg. Munich and Freiburg-im-Breisgau: Herder, 1908. Lupoid 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: Universitätsbuchdruckerei, 1926. This is the Libellas 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. Lot. Mirbt, Carl. Die Publizistik im Zeitalter Gregors VII. Leipzig: Hinrichs, 1894. One 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: Möller, Richard. Ludwig der Bayer und die Kurie im Kampf um das Reich; Forschungen. Berlin: E. Ebering, 1914. ‘Historische Studien,’ Vol. CXVI. Möhler, Ludwig. Die Kardinäle Jacob und Peter Colonna : ein Beitrag zur Geschichte des Zeitalter Bonifaz’ VIII. Paderborn: F. Schöningh, 1914. ‘Quellen und Forschungen aus dem Gebiete der Geschichte,’ Vol. XVII.

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Mollat, Guillaume. ‘Guichard de Troyes et les révélations de la sorcière de Bourdenay,’ Moyen Age, sér. 2, X II (1908), 310-16 (whole number. Vol. XXI). ----- Les Papes d’Avignon, 1305-1379. 2d ed. Paris: Lecoffre, 1912. ‘Bibliothèque de l’enseignement de l’histoire ecclésiastique.* A ninth edition appeared in 1950. Monumenta Germaniae historica. Deutsche Chroniken, 1877— ; Leges, ï 835— ; Scriptores, 1826— ; Scriptores rerum Germanicarum, nova series, 1922—. Moranvillé, Henri. ‘Les Projets de Charles de Valois sur l’empire de Constantinople,’ Bibliothèque de VEcole 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,* Mitteil­ ungen des Instituts für österreichische Geschichtsforschung, XXIX (1908), 64-87. Material on Richard Leneveu, pp. 84-87. Müller, Eugen. Beiträge zur Kenntnis der öffentlichen Meinung während 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. XXXVII. Müller, Ewald. Das Konzil von Vienne, 1311-1312: seine Quellen und seine Geschichte. Münster: Aschendorff, 1934. ‘Vorreformationsge­ schichtliche Forschungen,’ Vol. X II. Müller, Karl. [Review of Francesco Scaduto, Stato e chiesa negli scritti politici dalla fine della lotta per le investiture sino alla morte di Ludovico il Bavaro, 7/22-1547, and of Baldassare Labanca, Marsilio da Padova], Göttingische gelehrte Anzeigen, 1883, Part II, 901—26. Discusses the authorship of certain pamphlets attributed to Du­ bois. Mullally, Joseph P. ; see Peter of Spain. Neumann, Wilhelm A. Ueber die orientalischen Sprachstudien seit dem 13. Jahrhunderte, mit besonderer Rücksicht auf Wien. Vienna: A. Holder, 1899. Norden, Walter. Das Papsttum und Byzanz: die Trennung der beiden Mächte und das Problem ihrer Wiedervereinigung bis zum Untergange des byzantinischen Reichs, 1453. Berlin: B. Behr, 1903. Notices et extraits des manuscrits: see Boutaric. Oman, Charles W. C. A History of the Art of War in the Middle Ages. 2d ed. 2 vols. Boston: Houghton Mifflin, 1924. Palestine Pilgrims Text Society. The Library. 13 vols. London: Com­ mittee of the Palestine Exploration Fund, 1897 [1890-97]. English translations of accounts by western travelers to Palestine during the Middle Ages.

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Pasolini, Pier Desiderio. I tiranni di Romagna e i papi nel medio evo. Imola: Galeati, 1888. Peers, Edgar Allison, trans. A Life of Ramön Lull, Written by an Un­ known Hand About 1311. Translated from the Catalan with Notes and an Appendix. London: Bums, Oates & Washboume, [1927]. ----- Ramon Lull: A Biography. London: Society for the Promotion of Christian Knowledge, 1929. Peter of Spain [Pope John X XI]. The Summulae logicales of Peter of Spain. Ed. J. P. Mullally. Notre Dame, Ind. : University of Notre Dame, 1945. ‘Publications in Mediaeval Studies,* Vol. VIII. 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 II 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. Pirenne, Henri. ‘La Version flamande et la version française de la bataille de Courtrai,’ Bulletins de la Commission royale d'histoire de Belgique, sér. 4, XVII (1890), Part I, 11-50. Also printed separately. Brussels: Hayez, 1890. Poole, Reginald Lane. Illustrations of the History of Mediaeval Thought. 2d 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, 101, 104-07, h i , of the De récupération. 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, i 874~ 75Power, Eileen. ‘Pierre Du Bois and the Domination of France.* In F. J. C. Heamshaw, ed., The Social and Political Ideas of Some Great Mediaeval Thinkers (London: G. Harrap, 1923), pp. 139-66.

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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 latini (Leipzig: Teubner, 1857-80), Vols. II and III. Prutz, Hans Georg. Entwicklung und Untergang des Tempelherren­ ordens. Berlin: G. Grote, 1888. ----- Die geistlichen Ritterorden: ihre Stellung zur kirchlichen, politi­ schen, gesellschaftlichen und wirtschaftlichen Entwicklung des Mit­ telalters. Berlin: Mittler & Sohn, 1908. ----- ‘Zur Genesis des Templerprozesses,* Sitzungsberichte der Bayerische

Akademie der Wissenschaften zu München, Philosophisch-philologischen und der historischen Klasse, [XXIV] Jahrgang 1907, 5-67. Raoul Glaber: see Rodulphus Glaber. Rashdali, Hastings. The Universities of Europe in the Middle Ages. Ed. F. M. Powicke and A. B. Emden. 3 vols. Oxford: Clarendon Press,

I93Ô\

Originally published in 1895. Powicke and Emden preserved the original organization, making their revisions and corrections prin­ cipally 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 et al. 24 vols. Paris: Aux dépens des librairies associés, 1738I9°4r Some volumes have been reprinted from time to time. Publisher varies. The work is sometimes cited by its Latin title, Rerum Gallica-

rum et Francicarum scriptores. Registres de Boniface VIII, Les: Recueil des bulles de ce pape publiées ou analysées d’après les manuscrits originaux des Archives du Vatican. Ed. Georges Digard et al. 4 vols. Paris: Boccard, 1904-39. ‘Bibliothèque des Ecoles françaises d’Athènes et de Rome,’ 2 sér., Vol. IV. Issued in 16 fascicles. Fase. No. i of Vol. I was issued in 1884. Publisher varies. Reinach, Salomon. ‘L’Enigme de Siger,* Revue historique, GLI (1926), 34 46. Renan, Ernest. ‘De divers pièces relatives aux différends de Philippe le Bel avec la papauté.* In Histoire littéraire, XXVII, 371-81. Some of this material is on Pierre Flotte. ----- Etudes sur la politique religieuse du règne de Philippe le Bel. Paris : C. Lévy, 1899.

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A reprint of the author’s articles on William of Nogaret, Pierre Dubois, and Bertrand de Got, in Histoire littéraire, Vols. XXVI, XXVII, and XXVIII. ----- ‘Guillaume de Nogaret, légiste.’ In Histoire littéraire, XXVII, 233-

371-

------‘Pierre Du Bois, légiste.* In Histoire littéraire, X XVI, 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, XGI (1871), 620-46; XGII (1871), 87-115. A reprint, without citation of authorities, of the article in Histoire littéraire, XXVI. Ribbeck, Walter. ‘Gerhoh von Reichersberg und seine Ideen über das Verhältniss zwischen Staat und Kirche,* Forschungen zur deutschen Ge­ schichtet XXIV (1884), 3-80. ----- ‘Noch einmal Gerhoh von Reichersberg,’ Forschungen zur deutschen Geschichtet XXV (1885), 556-61. Gerhoh von Reichersberg, who lived ca, 1150, had ideas on the con­ fiscation of ecclesiastical property which resemble those of Dubois. Richard, Jules M. Une Petite-Nièce 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 à Paris au commencement du X lV e siècle. 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, archevêque 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 monasticism by Dubois. Rigault, Abel. Le Procès de Guichard, évêque de Troyes, 1308-1313. Paris: Picard, 1896. ‘Société de l’Ecole des chartes, mémoires et do­ cuments,* Vol. I. Rivière, Jean. Le Problème de l’église et de l’état au temps de Philippe le Bel: étude de théologie positive. Louvain: Spiçilegium sacrum Lovaniense bureaux, 1926. ‘Spiçilegium sacrum Lovaniense; études et documents,’ fasc. 8. 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 Ausculta fili,’ Bibliothèque de VEcole des chartes, XLIV (1883), 393-418. Contends that the story of the burning of the bull lacks adequate documentary evidence.

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Rodulphus Glaber. Raoul Glaber: Les cinq livres de ses histoires, 9001044. Ed. Maurice Prou. Paris : Picard, 1886. ‘Collection de textes pour servir à l’étude et à l’enseignement de l’histoire.’ An account of the Peace of God in France in 1034 is found in iv. 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. Cam­ bridge: 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 Deiper Francos, II, 1-288. Part xiv of Book in is translated in Palestine Pilgrims Text Soci­ ety, The Library, XII, 2-70. Sarti, Mauro, and Mauro Fattorini. 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. Schnürer, Gustav. ‘Das Projekt eines internationalen Schiedsgerichts aus den Jahren 1307/8,* Historisch-politische Blätterfür das katholische Deutsch­ land', GXLI (1908), 279-84. Quotes chap. 12 of the De recuperatione in German translation. Scholz, Richard. Die Publizistik zur Zeit Philipps des Schönen und Bonifaz, VIII. Stuttgart: F. Enke, 1903. ‘Kirchenrechtliche Abhandlungen,’ Vols. V I-V III. 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 über die politischen Streitschriften des 14. und 15. Jahr­ hunderts,’ Quellen und Forschungen aus italienischen Archiven und Bibliothe­ ken, X II (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 i.R om e: Loescher, 1911-14.‘Bib-

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9° 9 -

Chap, iii deals with Pierre Dubois and George Podiebrad as forerun­ ners 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 Opinion» of Paulus, the Enactments of Justinian, and the Constitutions of Leo. Translated from the Original Latin, Edited and Compared with All Accessible Systems ofJurisprudence, Ancient and Modern. 17 vols, in 7. Cincin­ nati: Central Trust Co., [1932]. Siger de Brabant. Die Impossibilia des Siger von Brabant: eine philoso­ phische Streitschrift aus dem 13. Jahrhundert. Ed. Clemens Baeumker. Münster: Aschendorff, 1898. ‘Beiträge 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 V III of the Physics. Comprises a total of 141 questions. Souchon, Martin. Die Papstwahlen von Bonifaz V III bis Urban VI und die Entstehung des Schismas 1378. Brunswick: Goèritz, 1888. Useful for lists of the promotion of cardinals. Steenberghen, Fernand van. Siger de Brabant d’après ses œuvres iné­ dites. 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. S tra y e r, Jo se p h R ., a n d C h arles H . T a y lo r. S tu d ies in E a rly F re n ch T a x a tio n . C a m b rid g e : H a rv a rd U n iv ersity Press, 1939.‘H a rv a rd H is­ to ric a l M onographs,* V ol. X I I .

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‘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 vol­ ume has gone through several editions. Tardif, Adolphe. Histoire des sources du droit français: origines ro­ maines. Paris: Picard, 1890. ----- La Procédure civile et criminelle aux X lIIe et X lV e siècles, 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,’ Spec­ ulum, XI (1936), 38-42. Taylor, Henry Osborn. The Mediaeval Mind: A History of the Devel­ opment 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 bischöflichen Privatgymnasiums am Kollegium Petrinum, 1902. ‘Jahresbericht des bischöflichen 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. New York: Macmillan, (Vols. I-IV), Columbia University Preco (Vols. V-VI), 1923-41. ----- University Records and Life in the Middle Ages. New York: Colum­ bia University Press, 1944. ‘Records of Civilization» Sources and Studies,’ No. XXXVIII. Includes English translation of chapters 60-63, 71-76» 7 9 >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. III. Tout, Thomas F., and James Tait, : see Powicke, Frederick M.

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239 William of Adam. De modo Sarracenos extirpandi. Ed. Kohler, in Recueil des historiens des croisades, documents arméniens, II, 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 récupération Terre Sancte, ein Traktat des Pierre Dubois (Petrus de Bosco). 2 parts. Berlin: Weidmann, 1905-6. ‘Wissenschaft­ liche Beilage zum Jahresbericht des Leibniz-Gymnasiums zu Berlin,* Programm Nos. 65, 69. These two very brief volumes comprise an analysis of the De récupératione, with a short Introduction. Copy in Michigan University Li­ brary. ----- Der Publizist Pierre Dubois: seine Bedeutung im Rahmen der Politik Philipps des Schönen und seine literarische Denk- und Arbeits­ weise im Traktat De recuperations Terre Sancte. Berlin: Weidmann, 19x1. The best and most thorough study of Dubois. Bibliography, pp. xi-xvi, exhaustive to the point of including inconsequential items.

Index Absolutio ad cautelam, 26, 34 Acre, 82; fall of, 52, 57; kingdom of, 199, 202 Aegidius Romanus, De regimine principum, 46 ; De ecclesiastica potestate, 46 Agag, King, 77 Albertus Magnus, 44n, 46, 128 Alexander de Villa-Dei, 127« Alexander the Great, 85 f., 122, 137« Alexandria, 38 Alfonso X , of Castile, 154a, 167a, 175 Amaury of Lusignan, 205a Anagni, consistory of 1303, 24; conspiracy vs. Boniface, 25, 27 Andronicus II Palaeologus, 87, 156, 157, 176a Angels, wicked, 72 f., 88, 157; knowledge and use of astrology, 73 Apothecary shop, 140 Arabic, study of, 58 f., 128 Arabs, 114 Aragon 4, 49 Arbitration, practice of, 54; court of, 78 f. Aristotle, as cited by Dubois, 46 f. ; Po­ litics, quoted, 70, 89, 94, 104, 136, 147, 163, 180, 182, 186, 190, 190a; on war, 71 f.; Nicomachean Ethics, quoted, 72, 73, 74, 88, 89, 105, 114, 133, 135, 136, 141, 147, 160, 162, 163, 164, 170, 181, 182, 186, 192, 193, 203; on young men as leaders, 73,192, 203; Topics, quoted, 73, 90, 192, 203; Magna Moralia, quoted, 74, 92, 182, 190, 194; on the strength of unity, 88; on the evils of war, 71, 89, 181; Metaphysics, quoted, 103, 121, 139, 140, 153, 162, 164, 171, 181, 185; Rhetoric, quoted, 120; De caelo, 121, 138, 162; on the nature of God, 121, 162; De generations animalium, quoted, 124,139; Posterior Analytics, quoted, 131, 164, 167; Sophistici Elenchi, quoted, 136, 193; on practical experience, 73, 139, 192 ; on justice, 163, 170 ; Physics, quoted, 180 ; Siger’s commentary on, 129a ; on an arm yasaunit, 103,121,181 ;on bravery, 182; on virtue, 135, 162, 186; on rule by just laws, 190; on wisdom, 192; on truth, 193; Ethics, see Nicomachean Ethics. Arles, 35,42,49, 61, 173a; Army as a unit, 103 f., 121, 181 ; proper recruitment of, 187 if.; see also Warriors

Arnold of Villanova, 56 Arrière-ban, 184a Arrow, analogy of, 186 Assyrians, kingdom of, 49 f., 8 7 ,122a, 125, 199 Astrology, 50, 73 f., 106, 196, 205 Augustine of Hippo, 107a, 108a Augustinus Triumphus, 54a Auscultafili, 5, 22, 48, 169a Averroes, 106 Averroism, 44 ff. Avignon, papal residence, 28 Babylon, kingdom of, 122a, 199, 202 Bacon, Roger, scornful of scholasticism, 16; influence on Dubois, 44, 58; on heavenly bodies, 74a; on civil law ju­ rists, 91a; on faults of Albertus, 128a; On the Uses of Mathematics, 134, 137; on use of mirrors in warfare, 137a Baldwin I, 52a Baldwin II, 52a Baluze, 64, 199a, 206a Barbarossa, see Frederick I Barbarossa Benedict X I, 25-27 Benedictine Order, conduct of abbots, 92 f. ; non-conventual priories, 92,112 f. ; nuns of, 150 Bernard of Clairvaux, 51, 55a Bernard Saisset, bishop of Pamiers, 22, 170a, 190a Bertrand de Got, 28; see also Clement V Bezant, 204 Bible, variant readings and copyists’ errors, 106; study of, 118, 126 f., 130; teachings of, 170; see also New Testa­ ment; Old Testament Blacksmiths, 136 Blanche, daughter of Louis IX , 154, 175 Boethius, 104, 121, 181 Bologna, University of, 12a, 17, 130a Bongars, Gesta Dei per Francos, 37, 63 Boniface V III, 8, 169a; struggle with Philip IV, 5; vs. Colonna cardinals, 19, 2 1 ; dispute with Edward I and Philip IV , 19-28; bull Unam sanctam, 23; bull Clericis laicos, 19 ff., 184a; concession to Philip IV, 20 f.; Jubilee Year, 21; arbitrator between Philip IV and Ed­ ward I, 21, 54; bulls re sovereignty o f Pope, 22 f.; plot and charges vs., 24;

242

Index

Boniface V III, ( Continued) charge of heresy against, 24, 34, 206 f.; death, 25, 207; not a polyglot, 1 i6n; calumny vs., 207 Boys, schools, 58; education of, 117 fF., 126-132; curriculum for, 118, 126 f. Breviary, The, 126 Brocard, 87» Bulls, papal: Adprovidam, 20m ; Ausculta fili, 5, 22, 48, 169; Clericis laicos, 19, 21, 184«; Deum time (Scire te columns), 5, 22, 93a, 169; Etsi de statu, 21; Flagitiosum scelus, 27; Inefabilis amor, 20 f.; Passtones miserabiles, 9; Quia infuturorum, gn; Quia nonnulli, 56; Rex gloriae, 34; Romana mater, 21; Salvator mundi, 22; Scire te columns, see Deum time, above; Unam sanctam, 23; Vox in excelso, 35, 20m Byzantine Empire, proposed conquest of, 6, 42, 61, 156 f., 172, 176; lan­ guages, 177 (see also Languages, orien­ tal) Canon law, see Law, canon Canterbury, archbishop of, 20 Capet, Hugh, 16 Cardinals, promotion of, 36, 43, 61, 171; reform of, 90,93; income and revenues, 94, 101; gifts to, 102 Carpenters, 136 Castile, kingdom of, 154 f., 174 f. Catholics, necessity for unity among, 71 f., 125; penalties for internecine war, 75 ff.; goal of, 103 f.; advantages to, from the recovery of the Holy Land, i2 4 f., 157; education of, 134; temporal and spiritual peace among, 149; fre­ quent wars, 163, 175 Catholics, oriental, and the Roman Church, 115 f .; « celibacy of clergy, 119 Cato, 126 f. Celestine V , 19, 24 Celibacy, vow of, 40,152 f.; clerical, 56, ” 9 » 153 Centurion, command of, 51, 85, 202 Charlemagne, 49, 86, 156, 175, 197; age of» 73 » 197 Charles I, of Anjou, 200a Charles II, of Anjou, 57, 172«, 20m ; plan for a crusade, 52, 83« Charles o f Valois, 8, 28, 31; and the Byzantine Empire, 6, 42, 61, 156, 172, 176 Chamai, 35 Christ, fee Jesus Christ Christians, see Catholics Church, Dubois re reform of, 39 f., 54 f..

88 ff., 99 ff., 160 f.; scandal in, 94», 98 f. ; unity of purpose, 103 Chinch property, use of, in defense o f the realm, 42, 184!.; see also Patrimony of St. Peter Cistercian Order, 82 Clement V, 6, 8, 42 f., 61, 168 ff.; bull

Passiones miserabiles, 9; Constitutions, gn; election of, 28; residence at Avignon, 28, 168; and the Templars, 29 ff.; bull Rex gloriae, 34; fee from Philip IV, 35; transfer of Arelate forbidden, 35; bull Vox in excelso, 35, 20 m; nepotism, 930; appeal to, for Church reform, 99 f. ; ill health of, i68n; cardinals created by, 61, 171; letter from Dubois, 200, 203; bull Adprovidam, 20m Clergy, taxation of, 19 ff.; participation in battle, 53«; negligent, 96; immorality among, 119»; defense of the realm a matter of concern to, 183; see also Prelates Climate, effect of, 135, 196 f., 205 Coinage, 143; French, debasement of, 48, I9 I > Colonization of the Holy Land, 3 9 ,5 2 ,8 4 , 125, ! 4 L *59 Colonna cardinals, vs. Boniface, 19 ff., 24 f., 27 Confiscation: of clerical property, 55,82 f., 100, 151, 167, 173, 201, 204; to punish warmakers, 76, 78, 125 Constantinople, 172; see also Byzantine Empire Council, convocation proposed, 24, 30, 157, 165, 206; approval necessary, 70; convoked to aid the Holy Land, 74; to reform the Church, 88; to establish a foundation, 113 f.; for action on Spain, 157; to urge recruiting, 159 Council of Lyons (1274), 5 7 » 201a; Liber de tractandis in concilio Lugdunensi, 55 Council of Rome (1302), 22 f., 28 Council of Vienne (1311), 9, 35, 45, 56, 206« Courtrai, battle of (1302), 23, 52, 83» Crates o f Thebes, 105« Crusades, 14f.; effect of, 15; new crusade, proposals for, 15, 37-39, 52, 57; army for, 38 f. (see also Army) ; French parti­ cipation in, 37; financing of, 39; re­ cruitment for, 51 f.; supplies and pro­ visions, 82f. ; route of, 86 f., 156 ; warriors for, see Warriors; First Crusade, 15, 52a; Third Crusade, 52a, 87, i8*a; Fourth Crusade, 53 Curia, Roman, 54a, 93 f., 101, 120, 206

Index Customs, modification desirable, io8; conflict of, in the Holy Land, 141 ; uni­ formity in the Holy Land proposed, 146 Cyprus, kingdom of, 199 ff., 206 Dante, 43, 49, 63, 129«

De abreviatione, see Summaria Debt, hypothetical lawsuit, 143

Decretals, 130 f. Decretum, gn, 130. De facto Templariorum (Dubois), 33, 115» Defense of the realm, procedure for, 183 ff. Delaville le Roulx, 51 Deliberatio... super agendis (Dubois), 5 f., 93«, 122«, 169« Demons, Saracens assisted by, 50, 74; numerous in the Holy Land, 71; their foreknowledge, 74«; Satan’s army, 109; multiply unnaturally, 124 De récupération (Dubois), date of, 6; lost version, 7; theme of, 15; plan for a new crusade, 37 ff.; ideas in, 37-43; repeti­ tious and inconsistent, 43«; manuscript and editions of, 63-65; division into chapters, 65; postscript, 199-207, omis­ sions in, 64, 206« Desire, excited by its object, 95 f., 153 De torneamentis etjustis, 9 Deum timey forged bull, 5, 22, 93«, 169« Dialectics, instruction in, 146 f. Doctrinale} 127 Dominicans, see Mendicant orders Donation of Constantine, 10m Donatus, 126 Dubois, Pierre (Petrus de Bosco), birth, education, and career, 3-10; pamphlets and tracts, 4-10; historical background, 14-36; ideas of, 36-43; reform propos­ als summarized, 38-42, 62 f. ; influences on thought of, 43-47; critical estimate of, 43-50 ; independence of thought, 45 f., 48; authorities cited by, 46 f.; not an intimate royal adviser, 47 f. ; criticism of Philip IV , 48 f., 188; ignorance of history, 49 f.; precedents for ideas of, 50-62 ; truly original ideas, 61 f. ; signifi­ cance of, 62 f.; invites suggestions, 117, 135 f., 148«, 182, 198, 200, 203; hatred for the Romans, Lombards, and Ital­ ians, 168, 174; knowledge of inter­ national politics, 173«; bold liberty of speech, 188«; losses through debase­ ment of coinage, 191; lost letter to Clement V, 200 f. Durand of Champagne, 132« Eberhard of Béthune, 127«

243

Educational system, reorganization of, 40, ii7 f f ., 125 f.; criticisms of, 58, 134f., see also Schools Edward I, King of England, 6 f., 14, 16 f., 195; war with Philip IV, 18 ff.; dispute with Boniface V III, I9 ff.; supreme authority of, 49«; ecclesiastical cases in Aquitaine, 60; Dubois’ eulogy of, 69 f.; interest in the Holy Land, 99 Egypt, conquest of, 43, 199, 20 m, 202 ff. Egyptians, play the philosopher, 171 ; con­ version to the Catholic faith, 204; en­ slaved, 204 Electors, of the H oly Roman Empire, 173; indemnity granted to, 80» England, common law, 16; royal jurisdic­ tion over the clergy, 2 0 ,49«; conquered by Caesar, 137« Enguerrand de Marigni, 10, 17 Esquieu de Floyrano, 29 Estates General, 5 ff., 13, 33; support of Philip IV , 22 Ethics, 129 f. Eudes of Châteauroux, 54 Eudes of Sens, Summa dejudiciis possessoriis, 60 Eudes Rigaud, 151« Europe, peace of, 53; western, in the 13th century, 15 ff. Evil, the lesser, choice of, 149,152; sin the cause of, 160 f., 170 f. ; appearance to be avoided, 189 Exaction beyond necessity, a mortal sin, 185 ff.; proceeds for the Holy Land fund, 194 ff. Exactions, restitution of, 194 f. Excommunication, 75, 93, 150 Exile, to the Holy Land, 53, 75, 77 f., 179; punishment by, 77; feared as penalty, 163; for recalcitrant Lombards, 174 Experience, practical, 73, 135, 139 ff., 192, 203 False witness, 193 f. Famine, in Jerusalem, 77 Feminine sex, frailty of, 139, 153 Ferdinand de la Cerda, 154, 167«, 175 Feudalism, i6 f.; military service, 42, 187 ff. Feudum francum, 42, 183« Fidence of Padua, 53 Fiefs, military service, 183 ff. Figgis, J. N ., re Dubois, 50 f. First principle, 161 f., 181 Flanders, 17 f., 21,49; revolt of, 1302, 23 ; see also Courtrai, battle of Florin, 204«

244

Index

Flotte, Pierre, 22 f., 48, 190« France, Gapetian dynasty, 16 f., 36; pro­ posals for the defense and aggrandize­ ment of, 37, 42, 60, 172 ff.; role in Crusades, 37 f., 204; military resources, 42, 184; program o f expansion, 60 f.j favored by the stars, 168», 196, 205; military system, 183-189 Franciscans, see Mendicant orders Franco-Aragonese War, 154« Frederick I Barbarossa, use of lawyers, 17; as crusader, 49 ff., 86 f., 1 5 6 ,181» Frederick II, emperor, 12, 54«, 56; sub­ jugation o f the Lombards, 179» Frederick I of Aragon, 155« Free will, 46, 50, 73 f., 151 French, the, may aspire to the papacy, 168; charged with arrogance, 169a; hated by the Byzantines, 177; superior to others, 196a, 205 Qaetano, Benedetto, see Boniface V III Galen, on Hippocrates, 148 Garland, John of, see John of Garland Garrisons for the H oly Land, 53,125,156, 160 Gautier de Châtillon, Alexandreis, 86a Genoa, bargains with crusaders, 52a; quarrels with neighbors, 7 8 ,81a; econo­ mic pressure on, 174 Geoffroi of Paris, 36a Geometer and rhetorician compared, 164 Georgies, quoted, 171 Gerhoh von Reichersberg, 55 German Knights of the Sword, Order of, 83a Germans, empire granted to, 61 Germany, see Holy Roman Empire Germany, king of, 172; invited to the council, 157 Ghibellines and Guelfs, 179 Gift of tongues, 122, 177 Gifts, evil of seeking and accepting, 92-95, 102 Girls, education of, 41, 117-120, 138 f. ; marriage to non-Catholics and Sara­ cens, 41, 59, 118L, 124; to physicians, 131 ; schools for, 56 ff.; curriculum for, 118; training in monasteries, 150 ff. Godfrey of Bouillon, 156 Golden Legend, 126 Good, choice of the greatest, 152 Governmental changes in the thirteenth century, 16 ff. Gradual, the, 126 Graecismus, 127 Grammar schools, 56, 58 f.

Granada, kingdom of, 155, 175 Greek, study of, 118, 128 Greek Catholics, 53«, 56, 115, 118 Greek Empire, see Byzantine Empire Gregory V II, 11 Gregory IX , decretals, 9» Gregory X , would relinquish the Patri­ mony, 55, 167«; would unite military orders, 57, 81», 201» Grosseteste, 44«, 9m Guichard, bishop of Troyes, 34 Guillaume de Nangis, 35», 173a Guillaume du Breuil, 7, 19m Guillaume le Maire, De reformandis in ecclesia, 9m ; re simony, 94a Handicrafts, instruction in, 137 f. Hapsburgs, 16 Heavenly bodies, influence of, 50, 73 t , 106,168«, 196,205; knowledge of, desir­ able, 134 Hebrew language, 116a, 177 Henri de Rie, 3 f. Henry II, emperor, 53 Henry IV , emperor, 11 Henry V, emperor, 12, 55 Henry V II, emperor, 35 Henry II, king of Cyprus, 38, 205 Henry I, king of England, x6 Henry III, king of England, 16, 54 Heraclitus, 74, 90, 186 Heresy, trials, 31; charges vs. Boniface dropped, 3 4 ,206a; denial of God’s will, 115 ; pope may be guilty of, 180a Hermann the German, 46, 130 Hippocrates, 148 Histories read by Dubois, 87, 125 Holy Land, m e of warmakers exiled to, 51,77,85,179; Dubois re occupation of, by Crusaders, 52 ; economic advantages to be gained by conquest of, 53,82,120, 123, 202; prerequisites for the recovery and maintenance of, 70-74, 88,158; de­ fense of, 85,160; districts for settlement, 85, 159, 201 f.; mobilization and as­ signment of settlers, 85, 159 f.; granted to the Israelites, 104 f., 153; sanctified as scene of the life of Christ, 104, 148; foundation for, 114, ii7 f ., 123 ff., 134-138,147,151,158 f. (see also Educa­ tional system); measures for the well­ being of the inhabitants, 114, 141 f.; adoption of local customs by immi­ grants, 141; not to be peopled by sinners, 161, 195; proposed aid for, a new alternative for military force, 164; rulers of conquered areas, 177 f.

Index Holy Land, fund for: 78, 81 if., 102, 195, 202, 204; administration of, 85, 158 f., 177, 201 f.; bequests as additions to, 102; disposition of, 204 Holy Roman Empire, proposed acquisi­ tion by the French, 8, 42, 61, 8in, 172 ff. ; strife between the Hohen­ staufen emperors and the popes, 12 f.; urban leagues, 13; feudal basis, 16; wars of succession, 80 f.; annual sub­ sidy for the Holy Land, 81 Hospitalers, support Philip IV, 28«; con­ solidation with other orders, 57, 81 f., 200 f.; priories to be used for schools, 117; legacies carelessly administered, 158; property to be used for the king­ dom of Jerusalem, 171; Templar property granted to, 20m; see also Military orders Hugh de la Celle, 176» Hugution, 72n, 140, 171 Humbert, confessor of Philip IV , 30 Humbert de Romanis, 55 Hystoria Hierosolimitana, 87 Indulgence, 77, 195 Injustice, 95; may arise from a general law, 107, n o Innocent III, 19 ; re right to arbitrate, 54 Innocent IV , 54«; bull re oriental lan­ guages, 57, 114« Inquisition, and the Templars, 30 ff. Intellect, 147 Interest charged by the pope and cardi­ nals, 93 Investitures, quarrel over, 11 f., 55 Iron rod sent by God, r70 f. Isidore of Seville, 117/1 Israelites, punished for betraying Jesus, 77; Holy Land granted to, 104, 153; transmit Mosaic law, 161; demanded a king, 199 Italian cities, profit from crusades, 15; commercial monopoly resented, 15, 124; to be controlled by France, 42,173; bargains with Crusaders, 52 ; hinder re­ covery of the Holy Land, 78; arrogance, 174; subjugated by Frederick II, 179 Italy, 15 Jacobus de Voragine, 126« Jacques de Molay, 29 ff., 35, 207/1 Jacques des Normands, 5/1 James II, of Aragon, 29 Jean de la Forêt, 176 Jeanne of Navarre, 34 Jerusalem (city), 77, 85

245

Jerusalem, kingdom of, secretaries needed, 114; value to the king of Sicily, 171, 200; succession to, 201 ; king of Cyprus should renounce, 206 Jesus Christ, Savior of mankind, 90, 160 f.; teachings of, 90, 122, 138, 169; duty of prelates toward, 97 f. Job, 188 John of Beauvais, 132n John of Garland, Morale sckolarium, 129« John of Paris, 180« John X X I, Summulae logicales, 130n John X X II, pope, 12; Extravagantes, 9» Joinville, on restitution for wrong, 195n Jordanus of Osnabrück, 61 Josephus, cited, 77 Jousts, see Tournaments and jousts Jubilee Year (1300), 21 f., 48 Judas Maccabeus, 88 f. Judges, yearbooks, 144 f.; coercive power of, 163 Judgment, corrupted in four ways, 94, 185, 190; in legal cases, 144 fr., 148; method of arriving at, 152 Julian law of majesty, 98, 179 Jurisdiction, temporal vs. ecclesiastical, 49/1, 60, 92«; over sovereign princes, 78-80; of secular princes, 111 Jurists* ignorance of canon law, 91 Justice, administration of, in Holy Land, 75; severity of secular, 111 ; if all were just, 163 f., 170; king should render,

194

Justinian, the lawgiver, 136, 149, 178,190 Kämpf, Hellmut, 64 Keeper of the Great Seal, 17«, 31 King, temporal authority of, 49n; judges negligent physician, 95 f.; choice of war leader, 97; should shorten litigation, 148; entrusted with God’s power, 149; qualities of, 199 Kingdoms, Catholic, occupation of the Holy Land, 84 f. King of the French, emergency war measures, 42,183-186; expansionist poli­ cy, 60 f.; penalties for insurrection against, 76 f.; delegation of war to others, 178,180 ff., 196 f., 203; revenues, h i ; advantages of having a French pope, 168 f.; income from the Church, 168«; suzerainty over other kingdoms, 172 f.; ancestors* untimely deaths, i8on, 196/1; begetting children, 180, 182, 196, 203; difficulty of judging necessity, 186; negligent in exacting military service, 188; accustomed to luxury, 192; restitu-

246

Index

King of the French ( Continued) tion of exactions, 194 fr.; may ignore crusading vow, 203 Kings, Catholic eastern, 202 Langlois, C. V ., research on Dubois, 3, 7; editor o f De recuperatione, 63-65, 206» Languages, knowledge of, 122 f.; modern, 45, 58; unity promoted by, 118 Languages, oriental, purpose of study, 57 ff., H 4 f., 136; bull re, 57, 114«; popes lack knowledge of, 116; value of knowledge of, 116, n 8 ff., 177; teachers to be sought, 136 Languedoc army, 155 Latin grammar, 118, 126, 163« Law, canon, n f ., 130; compilations of, 9»; as cited by Dubois, 47; students abandon the study of, 90 f.; civil ju­ rists ignorant of, 9m ; re prelates, 95; re scandal, 98 ; re effect of sins, 99 ; revision of, 10 7 ,109 f. ; abridgment of, 131 f. ; re­ forms, 145 f. Law, civil, 11 f., 91; Ravenna school, 11 f.; in France, 17; as cited by Dubois, 47; students flock to, 91; re power of example, 96; revisions permissible, 107; abridgment of, 131; study of, 131; Vacarius* manual, 132«; new methods for lawsuits, 143 f. ; advice to prospec­ tive lawyers, 146 f.; cases cannot be reopened, 194 Lawgiver, Justinian Laws, suitability of changes in, 107 f.; reform in, 146; mastered quickly by proper training, 132, 142; evil may fol­ low from a good law, 152; rule by, 189 f. Law schools, 11 f., 17, 120, 130 Law students, 140 Lawsuits, written procedure preferred, 41, 60, 79, 144 f., 148; among princes, 78 ff.; evils of, 89,142 ; clerical preoccu­ pation in, 91; new method described,

143 ff*

Lawyers, professional class, 17; oratorical tricks, 41, 148; effect o f Church reform on, 103; large fortunes, 19m Lecture system in the universities, 128a, 129» Legal procedure, 60; reform of, 41; for settlers of Holy Land, 141 ff.; repay­ ment of debt, 143; arguments against proposed reforms, 145 f.; judgment in, 146 f.; see also Lawsuits Legere Bibliam biblice, 130a Legion, biblical story, 71

Levée en masse, 184 f., 188 f., 192 Levites, example of, 104 f., 153 Libellas super abreviatione guerrarum et hujusmodiprovisionibus (Dubois), 17611 Lives of the saints studied, 126, 132 Logic, instruction in, 118,128, 130/1, 138, 146 ff. Lombards, 168, 174; rebellion, 179 Lombardy, 78; economic pressure on, 174 Lorraine, duke of, 77n Louis V III, death of, 196/1 Louis IX , Saint, 54, 175, 201»; legal re­ organization effected by, 17; canoni­ zation of, 21; death of, 180«, 196//; selfexamination of his administration, 195» ; suggested union of military orders, 201/1 Louis of Bavaria, 12 Louis of Evreux, 203 Louvre assembly (1303), 24, 28»; (1307),

31

Lull, Raymond, influence on Dubois, 45; opposes Averroism, 46; proposed con­ solidation of military orders, 57; pro­ motes language study, 58; proposed crusade route, 86«; educational pro­ jects, 115« Maccabees, 160 f. Mahaut o f Artois, Countess, 10 Majorca, king of, 58, 155, 174 Manuals, for use of students, 129, 132 Marie of Antioch, 200 Marino Sanudo, 87« Mark, silver, 143 Martial music, for Crusaders, 39, 51, 159, 202 Mass, 119, 123, 126, 151 Mathematical sciences, 120, 134, 137 M atilda of Tuscany, 11 f. Matthew of Vendôme, 127» Matthew Paris, 81« Medicine, care of wounded, 84; study of, 118, 131; advantageous to women, n 9 f.; usefulness of, 123; schools of, 139; see also Surgery Mendicant orders, replaced by royal offi­ cials, 17; should cease begging, 39 f., 153; Franciscan embassy to the Tatars, 58; Franciscan mission to the Moslems, 58 f.; prelacies rejected by, 99«; ac­ quainted with the world, 119«, 152; acquainted with the evils of litigation, 142«; divine service shortened, 151; men of sound judgment, 152; enlist persons useful to the Holy Land, 159; should examine the De recuperatione, 167

Index Mercenary troops, 18 Middle class, appeals to, 11, 13; rise of, 17 f.; wealth of Flemish burghers, 21 Military art, instruction, 136 Military orders, consolidation of, 8, 40, 56 f., 81 f., 200 f.; support Philip IV , 28«; confiscation of property proposed, 40, 56, 82 f., 201, 204; establishments in Palestine, 53; quarrels among, 57, 8 in; Cistercian Order to receive, 82; new royal order proposed, 200 f.; see also Hospitalers; Templars; Teutonic Order Military service, required of prelates, 53«, 102; obligation of, 183 ff.; hiring of substitutes, 187 fi; proper discharge of, 189; remission of, 192 f. Minorites, 58 f., 159, 167 Mirrors,use in warfare, 44, 137 Missal, the, 126 Molay, see Jacques de Molay Mollat, Guillaume, 64, 2o6n Monasteries, commercial agents of, 55; reforms re properties of, 55, 112-114; perils of the monastic vow, 108», 152 f.; to be administered by secular clergy, n o f .; see also Nunneries; Priories; Monks Mongols, 38, 85«; see also Tatars Monks, conduct of, 40, 92 f., 112 Monostica, 129 Moses, 116 Moslem learning, 16 Moslems, see Saracens Mouzon, conference of (1023), 53 Music, study of, 126 National state, national unification, 14; royal prerogative, 16 f.; sovereignty challenged, 19; victory over papacy, 36; influence on Dubois, 62 Naturalia, 128, 130 Natural science, instruction in, 120, I28f., 131, 138 f.; desirable knowledge of, 134; practical use of, 137 Nature altered by habit, 114, 133 Navarre, kingdom of, n o f ., 155 Negociatores ecclesiae, 55 New Testament, as cited by Dubois, 47; symbolized by the Old Testament, 104; changes in respect to the Old Testament, 107 f.; should be studied in the schools, 118 Nicholas IV, 38, 53n, 57, 81» Nobles, sons made monks, 92; obligation of, in defense of the realm, 187; ac­ quisition of wealth, 192 f.

247

Normandy, 3, 189 Notre Dame assembly (1307), 31 Nunneries, schools for girls, 40, 56; con­ duct and financing of, 150 ff. Old Testament, as cited by Dubois, 47; symbol of the New Testament, 104; changed by the New Testament, I07f.; should be studied in the schools, 118 On the Shortening of Wars (Dubois), 176 On the Uses of Mathematics (Bacon), 134,137 Opposites, 94; cannot be reconciled by God, 122; virtue and vice, 186 Orient, expeditions to, 15 f. Oriental commodities, 82, 120, 123, 202, 205 Oriental peoples, 115 fi, 177 Orleans, University of, 4, 17 Orsini, Napoleone, 28 Orsini rescue Boniface V III, 25 Ovid, quoted, on the native land, 141 Palaeologus, see Andronicus II Pamphleteering, 10-13, 20 Papacy, struggle with the Holy Roman Empire, 11 ff.; conflict with national state, 14, 19 ff., 36; alliance with the Khan, 16; revenues, 20, 100; conclave of 1304-05, 27 f.; reform of, 40; plan to retain in France, 42 f., 61, 168 ff.; curia, 54», 93, 101, 120, 206; as a court of appeals, 79 f. ; fomenter of wars, 93, 100; French may aspire to, 168 f.; see also Pope Papal bulls, see Bulls, papal Paris, beneficial climate of, 50, 196, 205, University of, nations at, 4; Siger de Brabant at, 4, 129«; opinion re case o f Templars, 32 ; Dubois as student, 43 f. ; Averroism at, 44; Norman nation, 44; language study at, 5 7 ,114«; curriculum,

58

Parlement of Paris, 60 Part, relation of the whole to, 160, 186 Patrimonies, reforms concerning, 102 f., 105 f.; pretext for abuses, 109 Patrimony of St. Peter, 40, 42, 48, 55; wars in defense of, 93; transfer of, 100, 167, 173, 178; livings in, for cardinals,

101

Peace, necessity for maintenance of, 39, 53 f., 7 iff., 88f.; punishment for violat­ ing, 75-78, 125, 150, 163, 178; inter­ national court, 78 ff. ; conditions neces­ sary for, 88f; universal, 89, 161, 163; pope should work for, 100, 149, 163; gives leisure for learning and the vir-

248

Index

Peace (Continued) tues, 134, 181 ; goal of the military art, 136; covenant of, 178 f. Peace, league of, eleventh-century prece­ dents, 53, 53«; establishment of, 74, 150,156,161 ff.; punishment for violating, 75-78; oaths to support, 150, 178; will end Italian arrogance, 174; guar­ antee of mutual aid, 205 Peiping, archbishopric established at, 16 Pentarchos (numerical term), 52« Pentharcos, 115 Peter, St., 90, 122, 157, 161, 170 Peter I de Lusignan, 38 Peter of Spain, see J ohn X X I Petrus de Bosco, see Dubois, Pierre Pharaoh, hardness of heart, 171, 195; enslaved Egyptians, 204 Pharmacy, 140 Philip I I I , of France, Aragon expedition, 4, 49, 196«; proposed confiscation of the papal patrimony, 55, 167«; assists Martin IV , 93«; intervenes in Castile, 154«; death, 180«, 196«; imposes tax on free fiefs, 183« Philip IV (the Fair), of France, 4 ff., 8, I3> 17» 61; rise of law, the scholars under, 18; war with Edward I, 18 ff.; dispute with Boniface V III, 19 ff.; re taxation of clergy, 20; excommunicated, 23 f. ; plot vs. Boniface, 24 f.; absolved by Benedict X I, 26; and the Templars, 28-35; imperial candidacy urged, 81«; ministers, 91«, 176«, 190«; expansion of suzerainty, 172, i7 4 f.; Vaucouleurs agreement, 173; at Toulouse, 176; itin­ erary, 176«; advised against personal leadership in war, 177 ff.; duty to remain in France, 180, 182«, 196 f., 203, 205; summons of the arrière-ban, 184«; misled by counsellors, 187, 188, 192; should promise restitution to clergy and people, 194; urged to claim the kingdom o f Acre, 200; Templar property retained by, 201»; remarriage suggested, 203; drops charges vs. Boni­ face V III, 206«; advised to confer with Clement V , 207 Philip V (the Long), of France, kingdoms proposed for, I9 9 f.; re the Templars, 20m ; substitute for Philip IV , 203; should remain in France, 205 Philosophy, study of, 125 Physician and boy, allegory of, 95 Physicians, scarcity of, 114; wives should be trained in medicine, 131 Pierre de Latilli, 176«

Pierre d’Etampes, 6 Piero della Vigna, 3, 12 Pilgrims, hazards in Italy, 168« Pisa, 78 Plasian, 48; case against the Templars, 3° ” j 33 Plato, on the purpose of speech, 115; trained boys in virtue, 133 Poenitentia ad cautelam, 26« Polo, Marco, 15 Polygamy among Saracens, 70, 124 Pons d’Aumeles, 176« Pope, power of, 8; French, 42 f., 61, 168 ff.; punishment of warmakers, 75; recognition of temporal jurisdiction o f the king of the French, 76«; duties of, 90 f.; reform should begin with him, 90; vicar of Christ, 90, 123, 157, 161; gifts to, 93 f., 102; instigates wars, 93, 10 0 ,1 0 in; temporal power, 93«; interest charged on loans, 94; selection of leaders, 97 f.; disposition of revenues suggested to, 100; revenues, rights and duties, 100 f., 168«; head of the univer­ sal Church, H 5 f.; not a master of languages, 116; judgments rendered by, 147 f.; duty to establish lasting peace, 161; temporalities, 167 f.; misuse o f power, 169 f.; snatches at others* liber­ ties, 169 f.; possible guilt of, 180; see also Papacy and under names of popes Portugal, kingdom of, 155 Power, Eileen, 51 Prayers, 88; for recovery o f the Holy Land, 74, 99, 158, 189 Preachers, training of, 130, 132, 140; inability to stop wars, 164 Preachers, Order of, 99«, 151, 159, 167 Prelates, conduct of, 90 ff. ; knowledge and practice of civil law, 91 f.; wicked, evil example of, 91, 95, 99, 105; neglect of spiritual matters, 96 ff. ; proper activi­ ties of, 96 f.; enriched by Christ, 97 f.; selection o f subordinates, 97 f.; patri­ monies of, 102 f., 105; oppose reform, 103, 105; defense of patrimonies, 109; deceived by Satan, n o ; reforms pro­ posed for, 110; immunity from temporal authority, 111 f. ; administrators of ec­ clesiastical property, 113; fornicators admitted to holy orders, 119«; educacation of, 133; against reform, 193« Prices, regulation of, 123 f; increased by debased coins, 191 Prince, duty to rule for the common good, 4«; arbitration o f disputes among, 7880; contribution to new crusade, 84; re-

Index sponsibilities of, i n , 178fr.; should seek the common good, 182; experience of other walks of life, 192; proper con­ duct of, 194; lives shortened by cru­ sades, 204 Priories, non-conventual, 92 f., 112 f. Priscian, 163 Profacto Terre Sancte (Dubois), 8, 80/1, 8 in,

86n, 87« Proofs, legal, 146 Provence, French designs upon, 173 Provisio defined, 114a Psalter, 123, 126 Public opinion, appeals to, 10-13; in attack on Boniface, 24 Punishment, excommunication, 75, 93, 150; exile, 75, 77, 163, 179; of warmakers, 75 f f; amputation, 77n; ordi­ nary penalties ineffective, 163; to be exacted for breach of peace covenant, 178 ff. Purses of monks, 92, 113

Quaestiones, 129 f. Racionesinconvincibiles (Dubois), 5 ,1 6 9 ,170a Raoul of Brienne, count d*Eu, 200a, 206 Rashdall, Hastings, Universities, 59a Ravenna, 12a Raymond Martini, 59 Raymond of Penaforte, 59 Reason, judgment perverted in four ways, 94, 185, 190; judgment of, 147; method of weighing good and evil, 152; from cause to effect, 160 f., i7 o f. Rebellion, result of sins, 171 ; punishment 178 f. Recovery of the Holy Land (Dubois), see De

recuperatione Reform, proposals, 48; extreme, 101 ff.; answers to opponents of, 106 f f , 134 f., 145 f.; see also under Church Religious education, 139 Remontrance du peuple de France (Dubois), 33» 93» , 99« Renan, Ernest, 7a, 115a, 130a, 140a, 169a, 172a; re Dubois, 50 Rest camps, for crusaders, 39, 52, 84 Restitution, for extortion, I94f. Rex gloriae, 34 Rhetorician and geometer compared, 164 Rhineland, 173 Richard Leneveu, 3, 5, 169, 170a Richard I Lionheart, 16, 54a Rigaud, Eudes, 151a Robert of Naples, 35, 155a Robert the Pious, 53

249

Roffredus, 145

Roman de la rose, 56 Romans, poisonous plots, 168; will lose the papacy, 169 f.; arrogance, 174 Rome, what ought to be done there, 106, 189; treatment of pilgrims in, 168a; senator, 173 Routes to the Holy Land, 86 f., 156 Royal jurisdiction, 3a Royal power, 4a; centralization of, 17 Saints, Golden Legend, 126 Saladin, 49, 87 Sancho IV of Castile, usurps the kingdom, 154 f., 174 Sanctions, economic, 76 Saracens, alliance to crush, 16; demons assist, 5 0 ,70L, 74; prolific, 70; marriage to Christian girls, 124; polygamy, 124; Granada held by, 155 Sardinia, kingdom of, 42, 155, 172 Satan, instigates opposition to reform, 50, 109, 145, 151, 158; hinders recovery of the Holy Land, 72; instigates wars, 77; snares for souls, 108«; demons, army of, 109 f.; father of lies and dissension, 109, 162, 185, 193; ruin of souls, 109 f.; re­ cords our sins, 195 Saul, deprived of his kingdom, 77, 170; disobedience, 77; chosen by God, 199 Scandals, in the Church, 98 Scholasticism, 43; height of, 14, 16, 106» Scools, features emphasized, 41; financ­ ing of, 41, 117 f., 150; specialization of, 41, 120; provincial, 117 ; selection of students, 117, 125; curriculum, n 8 f f , i3 o ff.; accelerated program, 125, 127; course of study, 125-131 ; method of in­ struction, 126, 130, 134, 136; use o f graduates of, 136, 142; weak retained to teach, 136, 139 Sciences, 41, 129, 131, 145 Scriptures, use of the wisdom of, 89; prel­ ates should use, 96, 104; copyists* errors, 106; faith the means of under­ standing, 160; war condemned by, 161 ; God’s commands issued through, 170; see also Bible; New Testament; Old Testament Sellery, George C., vii Seville, 58, 115» Sicily, king of, advantages of Dubois’ plan, 167, 171 f.; aid in conquests, i7 4 f.; claim to Jerusalem, 200; to exercise the rights of the king of Cyprus, 206 ; seealso Charles II of Anjou Siger de Brabant, 3, 16, 44, 129, 189

250

Index

Simony, 93 f., 102, 104 Sin, 96 f.; of prelates, 90 f., 95-99; mortal, 98. 108», i8 4 f.; causes disease and death, 116; syllogism on, 121; evil results of, 160 f., 170 Socrates confused with Crates, 105« Solomon, wives led him astray, 59, 119; wealth granted to, 88, 182; example of, 100, 194; Queen of Sheba commends, 120 Song of Roland, 73», 197« Souls, salvation of, 90, 98; physicians of souls, 95, 97, 114; perdition of, 99; Satan would destroy, 109; prelates to guide, h i Sovereignty, issue between Church and state, 14, 19-28; Boniface’s bulls re, 22 f. ; of princes, 76, 78 Spain, war of succession, 154 f. ; French sovereignty over, 175; objects to con­ solidation of orders, 20in Spanish accustomed to war, 71, 160; neglect the Holy Land, 71 Speech, purpose of, 115 Spices, 124, 202 Stars, see Astrology; Heavenly bodies State, to be ruled by just laws, 190 ■Stellingua, 143« Stephen of Blois, quoted, 15 Subsidium defined, 1 i4n Sultan, willingness to cede the Holy Land, 200; harassed by the new military order, 201 ; income of, 204 Summae of John X X I, 130, 132 Summaria (Dubois), royal jurisdiction hindered, 3n, 4n,* Aragon expedition considered, 4n; composition and date of, 4L , 176n, 183a; king should not be a tyrant, 4n; reference to eastern trav­ elers, i5n; on authority of Edward I, 49 n; Langlois’ use of, 64; on war, 72»; on influence of heavenly bodies, 74«; on jurisdiction of the French king, 76«; treatment of rebels, 77n; on the Tatars, 85«; Patrimony of St. Peter, ioon; modification of decrees is permissible, io8n; on the spirit of reform, 108«; debatability of an ethical problem, n on ; re clerical celibacy, 119«; re Hugution, 140; re lawsuits, I42n; re criticism of Dubois’ proposals, I48n; re Charles of Valois, 156«; re Patrimony of St. Peter, i68n; Roman treatment of pilgrims, 168«; subjection of Germany, I72n; Vaucouleurs interview, I73n; on the Lombards, 174«, 179«; on the death of a prince while campaigning, 18in;

king should not campaign in person, i82n; on French military resources, i84n; popular criticism of the French king, i88n; on debasement o f coinage, 19m; disregard for the good of the commonwealth, i93n; few dare dispute the prelates, I93n; French best fitted to rule the world, 196a Summidae logicales, see John X X I (pope), I3 ° n

Super abreviationeguerrarum (Dubois), 6,176 Supplication dupueuble de France (Dubois), 6 , 78n, ii5 n , n6n Surgery, study of 118, 131; veterinary surgery, 118, 131; schools of, 139 Syllogism, used by Dubois, 43; on sin, 121 ; the finished argumentation, 146 f. Tactics, military, against rebels, 76; Tatar, 85L; handbook on, 176 f. Tardif’s conjecture on Dubois, 132« Tatars, Dubois’ knowledge of, 15«; Fran­ ciscan embassy to, 58; migration of, 70; embassy to Clement V, 85»; method of waging war, 85 f ; example o f their king, 203 Taxation, of the clergy, 19 ff. Teachers, licensed at Paris, 58; dem en­ tia, doctrixpuerorum, 59; scarcity of, 134; importance of their own subject, 135; of languages, 136; weak to be retained as, *36» *39 Templars, attack upon, offers Dubois an opportunity, 7 ; Philip IV ’s attack upon, 28-35; Dubois pamphlets re, 33; bulls re, 35, 201«; burned at the stake, 35; abolition of, 35,49,56 f., 2 0 1 ,207»; ex­ pelled from Sicily, 56 f. ; property to be confiscated, 81 f., 171, 20of.; quarrels with the Hospitalers, 8 in; Nogaret attacks, 83n; priories to be used for schools, 117; legacies to, useless, 158; disposition of property of, 200 ff., 204; apostasy and hyprocrisy of, 31,206 ; Boni­ face V III bribed to ignore, 207; see also Military orders Temporalities, clerical, 55, 90 f.; papal to be granted to the French king, 55, 167; made over to a perpetual trust, 110 f.; see also Patrimonies Teutonic Order, 52, 57, 8in Textbooks, 58, 126-130 Theodulus, 127 Thomas Aquinas, 3, 14, 44, 121 Thomas of Cantimpré, 129, I2gn Tithes, granted to the Levites, 105; crusading, 204

Index Tobias (Matthew of Vendôme), 127 Tolerance, 138 Toulouse, 157», 165, 176 Tournaments and Jousts, 9 Trade, Italian monopoly, 15, 52»; advan­ tages of Dubois’ plan, 39; oriental goods, 82, 120 f., 123, 202, 205; in­ creased by recovery of Holy Land, 123 f., 202; handicrafts will stimulate, 138; Arab, to be shared with Catholics, 157; effect of debasement o f coinage on position of, 191 f. Tunis, route through, 86»; to be promised the king of Sicily, 206 Tuscany, communes, 78; transportation to the Holy Land, 87; papal rights in, ioon; revenues due the pope, 168»; arrogance, 174 Tyrant defined, 4», 182 Unam sanctam, bull on temporal authority, 23

Uniforms, martial, for crusaders, 39,52, Ö3» *59> 202 Unity, Christian, 74 f., 88, 103, 117, 122; army as a unit, 103, 121, 181; lan­ guage study will promote, 118, 122 Universal monarchy impracticable, 121 f. Universities, law training in, 17; women excluded, 59 ; monks live luxuriously in, 93; lecture system, 128» Urban leagues, 13»

Vacarius, law treatise, 132» Vaucouleurs, agreement, 48, 173» Venice, 52», 78, 174 Vergil, quoted, 140», 171 Vienne, Council of (1311), 9, 35, 45, 56, 206» Villani, 27», 28 Virtue, kindled by difficulties, 74, 186; virtues do not grow old, 135; nature of, i62;peace gives leisure to acquire, 181 ; and vice, 186

251

Volunteer system, for crusades, 51 Vulgate, as cited by Dubois, 47 War, evils of, 71 f., 89, 181; permissible as means to peace, 72 ; exile of aggres­ sors, 75, 77, 163, 179; preventive war, 75-78; Satan instigates, 77; tactics, 86, 176; popes instigate, 93, 100, iom ; causes, 109,121 f., 141 ; mechanical arts in, 136; difficulties of prevention, 161, 163 f.; means of shortening, 182 War leaders, youths not chosen as, 73; centurions subject to, 85; selection of, 97 f.; administrative duties, 180; re­ placements for, 181, 197 Warmakers, punishment of, 75-78, 150, 163, 179 Warriors, uniforms, 39, 52, 83; equip­ ment, 81 f., 159, 202; transportation of, 82, 86 f., 159, 202; for the Holy Land, 83 fr., 159, 202; recruitment of, 85, 159, 175 £ ; funds for, 158 f., 202, 204; education for their children, 159 Wieruszowski, Helene, 117» William Duranti, 56 W illiam of Adam, 86» W iillam of Nogaret, 8 f., 17, 48; plot vs. Boniface, 24 f.; and Benedict X I, 26 f.; attack on the Templars, 30; absolution, 34, 36; re military orders, 83» Wisdom, Scriptural superior to human, 89; the true and only, ioo; acquired by experience, 192 Women, education, 59, n 8 ff.; to be shunned, 96 ; see also Girls World, no single master of, 78 f., 121, 122 Written procedure, advocated, 41, 60; for depositions, 79; in court, 144; for lawyers’ pleadings, 148 “Younger sons,” 204 Youths, ineptitude as leaders, 73, 97, 192, 203; training of, 118 Ypres troops at Courtrai, 52», 83«