Chapter XII.: "No scutage nor aid shall be imposed in our kingdom,

Chapter 3213,642 wordsPublic domain

unless by common counsel of our kingdom, except for ransoming our person, for making our eldest son a knight, and for once marrying our eldest daughter; and for these there shall not be levied more than a reasonable aid. In like manner it shall be done concerning aids from the citizens of London."

There is no doubt that it is hard to read in this chapter all that has been found in it by enthusiastic appellants to Magna Charta at many times during the succeeding centuries. As a matter of fact, however, within half a century after it had been promulgated, it was appealed to confidently as one of the reasons why an English Parliament should meet if the King required special levies of money for the purpose of carrying on war. It was during the sixth and seventh decades of the Thirteenth Century that the great principle of English Legislation: "There shall be no taxation without representation"--which six centuries later was to be appealed to by the American Colonies as the justification for their war for independence, gradually came to be considered as a fundamental principle of the relationship between the government and the people. That it had its origin in Magna Charta there seems no doubt, and it is only another example of that unconscious development of a vital principle which, as we know from History, took place so often with regard to chapters of the Great Charter.

Undoubtedly one of the most important chapters of Magna Charta is the very brief one, No. 17, which concerns itself with the holding of a Court of Common Pleas. The whole of the chapter is, "Common Pleas shall not follow our Court but shall be held in some fixed place." This represented a distinct step in advance in the dispensing of justice. It is a little bit hard for us to understand, but all departments of government were originally centered in the king and his household--the court--which attended to royal and national business of every kind. As pointed out by Mr. McKechnie in his Magna Charta, the court united in itself the functions of the modern cabinet of the administrative department--the home office, the foreign office and the admiralty, and of the various legal tribunals. It {357} was the parent of the Court at St. James and the courts at Westminster. Almost needless to say, it is from the fact that the dispensing of justice was a function of royalty, that the places of holding trials are still called courts.

According to this chapter of Magna Charta, thereafter ordinary trials, Common Pleas, did not have to follow the Court, that is the royal household, in its wanderings through various parts of the kingdom, but they were held at an appointed place. In the days of Henry II. the entire machinery of royal justice had to follow the monarch as he passed, sometimes on the mere impulse of the moment, from one of his favorite hunting-seats to another. Crowds thronged after him in hot pursuit, since it was difficult to transact business of moment before the court without being actually present. This entailed almost intolerable delay, extreme annoyance and great expense upon litigants, who brought their pleas for the king's decision. There is an account of the hardships which this system inflicted upon suitors told of one celebrated case. Richard D'Anesty gives a graphic record of his journeyings in search of justice throughout a period of five years, during which he visited in the king's wake most parts of England, Normandy, Aquitaine, and Anjou. Ultimately successful he paid dearly for his legal triumph. He had to borrow at a ruinous rate of interest in order to meet his enormous expenses, mostly for traveling, and was scarcely able to discharge his debts.

All litigation then, that did not directly involve the crown or criminal procedures, could be tried thereafter by a set of judges who sat permanently in some fixed spot, which though not named was probably intended from the beginning to be Westminster. Hence it has been said by distinguished English jurists that Magna Charta gave England a Capital. On the other hand Chapter XXIV. insured justice in criminal cases by reserving these pleas to judges appointed by the crown. This short chapter reads: "No sheriff, constable, coroner, or others of our bailiffs shall hold pleas of our Crown." This last expression did not necessarily mean matters concerned with royal business as might be thought, but had in King John's time come to signify criminal trials of all kinds. It is easy to understand that those accused of crime would look confidently for {358} justice to the representative of the central government, while they dreaded the jurisdiction of the less responsible officials resident in the counties, who had a wide-spread reputation for cruelty and oppression, and for a venality that it was hard to suppress.

It would seem as though these quotations would serve to make even the casual reader appreciate how thoroughly Magna Charta deserves the reputation which it has borne now for nearly seven centuries, of an extremely valuable fundamental document in the history of the liberties of the English speaking people. Some of the subsequent chapters may be quoted without comment because they show with what careful attention to detail the rights of the people were guaranteed by the Charter, and how many apparently trivial things were considered worthy of mention. We may call attention to the fact that in Chapters forty-one and forty-two there are definite expressions of guarantee for the rights even of aliens, which represent a great advance over the feelings in this respect that had animated the people of a century or so before, and foreshadow the development of that international comity which is only now coming to be the distinguishing mark of our modern civilization.

"A freeman shall not be amerced for a small offence, except in accordance with the degree of the offence; and for a grave offence he shall be amerced in accordance with the gravity of his offence, yet saving always his 'contentment'; and a merchant in the same way, saving his wares; and a villein shall be amerced in the same way, saving his wainage--if they have fallen into our mercy; and none of the aforesaid amercements shall be imposed except by the oath of honest men of the neighborhood.

"If any freeman shall die intestate, his chattels shall be distributed by the hands of the nearest kinsfolk and friends, under the supervision of the church, saving to everyone the debts which the deceased owed to him.

"No constable or other bailiff of ours shall take corn or other provisions from anyone without immediately tendering money therefor, unless he can have postponement thereof by permission of the seller.

"No sheriff or bailiff of ours, or any other person shall take {359} the horses or carts of any freeman for transport duty, against the will of the said freeman.

"All kydells for the future shall be removed altogether from the Thames and Medway, and throughout all England, except upon the sea coast.

"Nothing in the future shall be taken or given for a writ of inquisition of life or limbs, but freely it shall be granted, and never denied.

"No bailiff for the future shall put any man to his 'law' upon his own mere word of mouth, without credible witnesses brought for this purpose.

"No freeman shall be arrested or detained in prison, or deprived of his freehold, or outlawed, or banished, or in any way molested, and we will not set forth against him, nor send against him, unless by the lawful judgment of his peers and by the law of the land.

"To no one will we sell, to no one will we refuse or delay, right or justice.

"All merchants shall have safe and secure exit from England, and entry to England, with the right to tarry there and to move about as well by land as by water, for buying and selling by the ancient and right customs, quit from all evil tolls, except (in time of war) such merchants as are of the land at war with us. And if such are found in our land at the beginning of the war, they shall be detained without injury to their bodies or goods, until information be received by us, or by our chief justiciar, how the merchants of our land found in the land at war with us are treated and if our men are safe there, the others shall be safe in our land.

"It shall be lawful in future for any one (excepting always those imprisoned or outlawed in accordance with the law of the kingdom, and natives of any country at war with us, and merchants, who shall be treated as is above provided) to leave our kingdom, and to return, safe and secure by land and water, except for a short period in time of war, on grounds of public policy--reserving always the allegiance due to us.

"We will appoint as justices, constables, sheriffs or bailiffs only such as know the law of the realm and mean to observe it well.

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"We shall have, moreover, the same respite and the same manner in rendering justice concerning the disafforestation or retention of those forests which Henry our father and Richard our brother afforested and concerning the wardship of lands which are of the fief of another (namely, such wardships as we have hitherto had by reason of a fief, which any one held of us by knight's service) and concerning abbeys founded on other fiefs than our own, in which the lord of the fee claims to have right; and when we have returned, or if we desist from our expedition, we will immediately grant full justice to all who complain of such things.

"All fines made with us unjustly and against the law of this land, and all amercements imposed unjustly and against the law of this land, shall be entirely remitted, or else it shall be done concerning them according to the decision of the five and twenty barons of whom mention is made below, in the clause for securing the peace, or according to the judgment of the majority of the same, along with the aforesaid Stephen Archbishop of Canterbury, if he can be present, and such others as he may wish to bring with him for this purpose, and if he cannot be present the business shall nevertheless proceed without him, provided always that if any one or more of the aforesaid five and twenty barons are in a similar suit, they shall be removed as far as concerns this particular judgment, others being substituted in their places after having been selected by the rest of the same five and twenty for this purpose only, and after having been sworn.

"Moreover, all the aforesaid customs and liberties, the observance of which we have granted in our kingdom as far as pertains to us towards our men, shall be observed by all of our kingdom, as well by clergy as by laymen, as far as pertains to them towards their men.

"And, on this head, we have caused to be made out letters patent of Stephen, Archbishop of Canterbury, Henry, Archbishop of Dublin, the bishops aforesaid, and Master Pandulf, as evidence of this clause of security and of the aforesaid concessions."

These last provisions show how closely the Church was bound up with the securing and maintenance of the rights of {361} the English people. The clauses we have quoted just before, need no comment to show how sturdily the spirit of liberty strode abroad even at the beginning of the Thirteenth Century, for Magna Charta was signed in 1215. The rest of the century was to see great advances in liberty and human rights, even beyond the guarantees of the Great Charter.

Magna Charta, glorious as it was, was only the beginning of that basic legislation which was to distinguish the Thirteenth Century in England. About the middle of the century Bracton began his collection of the laws of the land which has since been the great English classic of the Common Law. His work was accomplished while he was the Chief Justiciary during the reign of Henry III. For many years before he had occupied various judicial positions, as Justice Itinerant of the counties of Nottingham and Derby and for seventeen years his name appears as one of the justices of the Aula Regis. This experience put him in an eminently fitting position to be the mouthpiece of English practice and law applications, and his book was at once accepted as an authority. It is a most comprehensive and systematic work in five volumes, bearing the title De Legibus et Consuetudinibus Angliae, and was modeled after the Institutes of Justinian.

It was during the reign of Edward I., the English Justinian as he has been called, that the English Common Law came to its supreme expression, and this monarch has rightly been placed among the great benefactors of mankind for his magnanimous generosity in securing the legal rights of his subjects and framing English liberties for all time. Not a little of Edward's greatness as a law-maker and his readiness to recognize the rights of his subjects, with his consequent willingness to have English law arranged and published, must be attributed to his connection during his earlier years as Prince of Wales with the famous Simon De Montfort. To this man more than to any other the English speaking people owe the development of those constitutional rights, which gradually came to be considered inalienably theirs during the Thirteenth Century. He is undoubtedly one of the very great characters of history and the Thirteenth Century is by so much greater for having been the scene of his labors, during so many years, for the {362} establishment of constitutional limitations to the power of the monarch, and the uplifting of the rights of subjects not only among the nobility, but also among the lower classes.

It was in Edward's time that the English Common Law was fashioned into the shape in which it was to exist for many centuries afterwards. How true this is may perhaps best be judged by the fact that even the laws with regard to real estate have not been changed in essence since that time, though medieval titles to land would seem to be so different to those of the present day. According to the Encyclopedia Britannica the changes which have been made since that time have been mainly due to the action of equity and legislation, the latter sometimes interpreted by the courts in a manner very different from the intention of Parliament. The same authority is responsible for the statement that the reign of Edward I., is notable for three leading real estate statutes which are still law. One of these was with regard to Mortmain, while the important statute known as _Quia Emptores_ (the eighteenth of Chapter I. of the Laws of Edward I.) had the practical effect of making the transfer of land thenceforward, more of a commercial and less of a legal transaction. It is to this same period that is owed the writ _Elegit_ which introduced the law practice of a creditor's remedy over real estate. How little was accomplished in the matter of law-making in subsequent centuries, may be gathered from the fact that Mr. James Williams who writes the article on real estate in the Encyclopedia Britannica ninth edition, says that from 1290 to the reign of Henry VIII., that is down to the Sixteenth Century, there is no statute of the first importance dealing with real estate.

In a word, then, it may be said that these law-makers of the Thirteenth Century anticipated most of the legal difficulties of the after-time. Their statutory provisions, as in the case of the chapters of Magna Charta, seemed originally only to have a narrow application to certain urgent legal questions of the time, but proved eventually to contain in themselves the essence of legal principles that could be applied in circumstances such as the original law-maker had not even imagined. This is indeed the typical triumph of the century in every line of endeavor, that while apparently it devoted itself only to the {363} narrow problems of its own time, its solutions of them whether in art and architecture or decoration, in literary expression or poetic effectiveness, in educational methods or social uplift, always proved so complete, so thoroughly human in the broadest sense of that word and so consonant with development, that their work did not have to be done over again. No greater praise than this could be bestowed.

"Legislation never, perhaps, had a more illustrious period. On the one hand, the Popes, supreme authorities in matters of law as well as of faith, gave to canon law the fullest development possible to this magnificent security of Christian civilization; sat themselves as judges with exemplary assiduity, published immense collections, and founded numerous schools. On the other hand, that period gave birth to most of the national legislation of the various states of Europe; the great _Mirrors_ of Swabia and Saxony, the first laws published in the German language by Frederick II. at the diet of Mentz, and the code given by him to Sicily; in France, the Institutes of St. Louis, together with the _Common Law_ of Pierre des Fontaines, {365} and the _Statutes of Beauvoisis_ of Philip of Beaumanoir; and lastly the French version of the _Assizes of Jerusalem_, in which is to be found the most complete résumé now extant of Christian and chivalric law. All these precious monuments of the old Christian organization of the world are preserved in the native languages of the various people, and are distinguished, less even by this fact than by their generous and pious spirit, from that pernicious Roman law, the progress of which was destined soon to change all the principles of the former."

Most of Montalembert's paragraph refers to the law-making in France with which he is naturally more familiar. He has supplied ample material for consultation for those who wish to follow out this interesting theme further. Even more significant, however, than the law-making in France, were the new ideas with regard to the enforcement in law that came in during the reign of Louis IX. We have not had to wait until this generation to realize, that as a rule it is not the absence of law so much as the lack of enforcement of such laws as exist, that gives rise to many of the injustices between men. St. Louis made it his business to bring about the enforcement of the laws with proper construction of their terms in such a way as to secure the rights of all. He himself sat under the famous old oak of Versailles as a Court of Appeals, reviewing especially the cases of the poor. It soon came to be known, that it would be a sad occasion for any and every court official who was found to have given judgment against the poor because of partiality or the yielding to unlawful influence. On the other hand, in order to keep the right of appeal from being abused, punishments were meted out to those who made appeals without good reason.

Finding that he was unable to hear so many causes as were appealed to him, Louis chose Stephen Boileau to act as Chief Justice and committed the care of proper legal enforcement with confidence into his hands. Boileau had become famous by having condemned some very near relatives, under circumstances such that relationship might have been expected to weigh down the wrong side of the scales of justice, and in a few years he enhanced his reputation by the utter disregard of all motives in the settlement of suits at law, except those of {366} the strictest justice. How much Louis himself did in order to safeguard the rights of the poor can be judged from the famous incident told by all his biographers, in which he risked the enmity of the most powerful among his barons, in order to secure the punishment of one of them who had put two students to death. This was the first time that the rights of men, as men, were asserted and it constitutes the best possible testimony to the development of law and true liberty in France.

"Three young nobles of the county of Flanders were surprised, together with the abbot of St. Nicholas, in a wood pertaining to Coucy, with bows and arrows. Although they had neither dogs nor hunting implements, they were found guilty of having gone out to hunt and were hanged. The abbot and several women of their families made complaint to the king, and Enguerrard was arrested and taken to the Louvre. The king summoned him before him; he appeared, having with him the King of Navarre, the King of Burgundy, the counts of Bar, Soissons, Brittany, and Blois, the Archbishop of Rheims, Sire John of Thorote, and nearly all the great men in the kingdom. The accused said that he wished to take counsel, and he retired with most of the seigneurs who had accompanied him, leaving the king alone with his household. When he returned, John of Thorote, in his name, said that he would not submit to this inquiry, since his person, his honour, and his heritage were at stake, but that he was ready to do battle, denying that he had hanged the three young men, or ordered them to be hanged. His only opponents were the abbot and the women, who were there to ask for justice. The king answered that in causes in which the poor, the churches, and persons worthy of pity, took part, it was not fitting to decide them in battle; for it was not easy to find anyone to fight for such sorts of people against the barons of the kingdom. He said that his action against the accused was no new thing, and he alleged the example of his predecessor Philip Augustus. He therefore agreed to the request of the complainants, and caused Enguerrard to be arrested by the sergeants and taken to the Louvre. All prayers were useless; St. Louis refused to hear them, rose from his seat, and the barons went away astonished and confused.

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"They did not, however, consider that they were beaten. They again came together; the King of Navarre, the Count of Brittany, and with them the Countess of Flanders, who ought rather to have intervened for the victims. It was as if they had conspired against the king's power and honour; for they were not content to implore Coucy's release, but asserted that he could not be kept in prison. The Count of Brittany maintained that the king had no right to institute inquiries against the barons of his kingdom in matters which concerned their persons, their heritage or their honour. The king replied, 'You did not speak thus in former times when the barons in direct dependence upon you came before me with complaints against yourself, and offered to sustain them in battle. You then said that to do battle was not in the way of justice.' The barons put forward a final argument, namely, that according to the customs of the kingdom, the king could only judge the accused and punish him in person after an inquiry to which he had refused to submit. The king was resolute, and declared that neither the rank of the guilty man nor the power of his friends should prevent him from doing full justice. Coucy's life was, however, spared. The fact that he had not been present at the judgment, nor at the execution, prevailed in his favour. By the advice of his counsellors, the king condemned him to pay 1200 livres parisis, which, considering the difference in the purchasing power of money, may be estimated at considerably more than 400,000 pounds, and he sent this sum to St. John of Acre for the defense of Palestine. The wood in which the young men were hanged was confiscated to the abbey of St. Nicholas. The condemned man was also constrained to found three perpetual chapelries for the souls of his victims, and he forfeited jurisdiction over his woods and fish ponds, so that he was forbidden to imprison or execute for any offense which had to do with them. Since Enguerrard's defender, John of Thorote, had in his anger told the barons that the king would do well to hang them all, the king, who had been told of this, sent for him and said, 'How comes it, John, that you have said I should hang my barons? I certainly will not have them hanged, but I will punish them when they do amiss.' John of Thorote denied that he had said this, and offered to {368} justify himself on the oath of twenty or thirty knights. The king would not carry the matter further, and let him go."

One of the best evidences of the development of the spirit of law in Germany during this time is the establishment of the famous Fehmic Courts, or Vehmgerichte, which achieved their highest importance during the Thirteenth Century. As with regard to the universities, there is a tradition that carries the origin of these courts back to the time of Charlemagne. They are much more likely to have been developments out of the relics of the ancient free courts of the old Teutonic Tribe. The first definite knowledge of their existence cannot be traced much earlier than a decade or two before the Thirteenth Century. They had their principal existence in Westphalia. Practically the whole country between the Rhine and the Weser was ruled to a subordinate degree by these Fehmic courts. During the Thirteenth Century they were used only in the most beneficial and liberal spirit, supplying a means of redress at a time when the public administration of justice was almost completely in abeyance. As a matter of fact, before their establishment disregard for authority to the extent of utter lawlessness prevailed in this part of Germany.

{opp368} [Illustration] CITY GATE (NEUBRANDENBURG)

Certain phases of the rise of the democratic spirit have already been discussed, and the reader can only be referred to them now with the definite idea of recognizing in them the democratic tendencies of the time. What we have said about the trade guilds constitutes one extremely important element of the movement which will be further discussed in this chapter. After this comes the guild merchant in its various forms. After all the Hanseatic League was only one manifestation of these guilds. Its widespread influence in awakening in people's minds the realization that they could do for themselves much more, and secure success in their endeavors much better by their own united efforts, than by anything that their accepted political rulers could do or at least would do for them, will be readily appreciated by all who read that chapter.

Hansa must have been a great enlightener for the Teutonic peoples. The History of the league shows over and over again their political rulers rather interfering with than fostering their commercial prosperity. These rulers were always more than a little jealous of the wealth which the citizens of these growing towns in their realm were able to accumulate, and they showed it on more than one occasion. The history of the Hansa towns exhibits the citizens doing everything to dissemble the feelings of disaffection that inevitably came to them as the result of their appreciation of the fact, that they could rule themselves so much better than they were being ruled, and that they could accomplish so much more for themselves by their commercial combination with other cities than had ever been done for them by these hereditary princes, who claimed so much yet gave so little in their turn.

The training in self-government that came with the {377} necessities for defense as well as for the protection of commercial visitors from other cities in the league, who trustfully came to deal with their people, was an education in democracy such as could not fail to bring results. The rise of the free cities in Germany represents the growth of the democratic spirit down to our own time, better than any other single set of manifestations that we have. The international relations of these cities did more, as we have said, to broaden men's minds and make them realize the brotherhood of man in spite of national boundaries than any other factor in human history. Commerce has always been a great leveler and such it proved to be in these early days in Germany, only it must not be thought that these German cities had but faint glimmerings of the great purpose they were engaged in, for seldom has the spirit of popular government risen higher than with them.

How clearly the Teutonic mind had grasped the idea of democracy can be best appreciated perhaps from the attitude of the Swiss in this matter. These hardy mountaineers whose difficult country and rather severe climate separate them effectually from the other nations, soon learned the advisability of ruling themselves for their own benefit. Before the end of the Thirteenth Century they had formed a defensive and offensive union among themselves against the Hapsburgs, and though for a time overborne by the influence of this house after its head ascended the Imperial throne, immediately on Rudolph's death they proceeded to unite themselves still more firmly together. They then formed the famous league of 1291 which represents so important a step in the democracy of modern times. The formal document which constituted this league a federal government deserves to be quoted. It is the first great declaration of independence, and its ideas were to crop out in many another declaration in the after times. It is an original document in the strictest sense of the word. It runs as follows:

"Know all men that we, the people of the valley of Uri, the community of the valley of Schwiz, and the mountaineers of the lower valley, seeing the malice of the times, have solemnly agreed and bound ourselves by oath to aid and defend each other with all our might and main, with our lives and property, {378} both within and without our boundaries each at his own expense, against every enemy whatever who shall attempt to molest us, either singly or collectively. This is our ancient covenant. Whoever hath a lord let him obey him according to his bounden duty. We have decreed that we shall accept no magistrate in our valleys who shall have obtained his office for a price, or who is not a native or resident among us. Every difference among us shall be decided by our wisest men; and whoever shall reject their award shall be compelled by the other confederates. Whoever shall wilfully commit a murder shall suffer death, and he who shall attempt to screen the murderer from justice shall be banished from our valleys. An incendiary shall lose his privileges as a free member of the community, and whoever harbors him shall make good the damage. Whoever robs or molests another shall make full restitution out of the property he possesses among us. Everyone shall acknowledge the authority of a chief magistrate in either of the valleys. If internal quarrels arise, and one of the parties shall refuse fair satisfaction, the confederates shall support the other party. This covenant for our common weal, shall, God willing, endure forever."

In England democracy was fostered in the guilds, which, as we have already seen in connection with the cathedrals, proved the sources of education and intellectual development in nearly every mode of thought and art. The most interesting feature of these guilds was the fact that they were not institutions suggested to the workmen and tradesmen by those above them, but were the outgrowth of the spirit of self help and organization which, came over mankind during this century. At the beginning they were scarcely more than simple beneficial associations meant to be aids in times of sickness and trial, and to make the parting of families and especially the death of the head of the family not quite so difficult for the survivors, since affiliated brother workmen remained behind who would care for them. During this century, however, the spirit of democracy, that is the organized effort of the people to take care of themselves, better their conditions, and add to their own happiness, led to the development of the guilds in a fashion that it is rather difficult for generations of the modern time to {379} understand, for our trades' unions do not, as yet at least, present anything that quite resembles their work in our times.

It was because of the effective social work of these guilds that Urbain Gohier, the well-known French socialist and writer on sociological subjects, was able to say not long ago in the North American Review:

"When the workmen of the European Continent demand 'the three eights'--eight hours of work, eight hours of rest and refreshment, physical and mental, and eight hours of sleep--some of them are aware of the fact that this reform already exists in the Anglo-Saxon countries; but all are ignorant of this other fact that, during the Middle Ages, in an immense number of labor corporations and cities, a work-day was often only nine, eight and even seven hours long. Nor have they ever been told that every Saturday, and on the eve of over two dozen holidays, work was stopped everywhere at four o'clock." The Saturday half holiday began it may be said even earlier, namely at the Vesper Hour which according to medieval church customs was some time between two and three p. m. and the same was true on the vigils, as the eves of the important church festivals were called.

The only possible way to give a reasonably good idea of the spirit of the old-time guilds which succeeded in accomplishing such a wonderful social revolution, is to quote some of their rules, which serve to show their intents and purposes at least, even though they may not always have fulfilled their aims. Their rules regard two things particularly--the religious and the social functions of the guild. There was a fine for absence from the special religious services held for the members but also a fine of equal amount for absence from the annual banquet. In this they resemble the rules of the religious orders which were coming to be widely known at the end of the Twelfth and the beginning of the Thirteenth Century, and according to which the members of the religious community were required quite as strictly to be present at daily recreation, that is, at the hour of conversation after meals, as at daily prayer. An interesting phase of the social rules of the guild is that a member was expected to bring his wife with him, or if not his wife then his sweetheart. They were franker in these matters {380} in this simpler age and doubtless the custom encouraged matrimony a little bit more than our modern colder customs.

As giving a fair idea of the ordinances of the pre-Reformation guilds in their original shape the rules of the Guild of St. Luke at Lincoln, may be cited. St. Luke had been chosen as patron because according to tradition he was an artist as well as an evangelist. The patron saint was chosen always so that he might be a model of life as well as a protector in Heaven. Its members were the painters, guilders, stainers, and alabaster men of the city. The first rule provides that on the Sunday next after the feast of St. Luke all the brothers and sisters of the Guild shall, with their officers, go in procession from an appointed place, carrying a great candle, to the Cathedral Church of Lincoln, and there every two of the brethren and sisters shall offer one half-penny or more after their devotion, and then shall offer the great candle before an image of St. Luke within the church. And any who were absent without lawful cause shall forfeit one pound of wax to the sustentation of the said great candle.

On the same Sunday, "for love and amity and good communication to be had for the several weal of the fraternity," the guildmen dined together, every brother paying for himself and his wife, or sweetheart, the sum of four pence. Absentees were fined one pound of wax towards the aforesaid, candle.

The third rule provided that four "mornspeeches"--that its business meetings--should be held each year, "for ordering and good rule to be had and made amongst them." Absentees from a mornspeech forfeited one pound of wax to St. Luke's candle. Another rule provided that the decision of ambiguities or doubts about the forfeitures prescribed should be referred to the mayor and four aldermen of the city. Rules 4 to 11, and also 13, regulate the taking of apprentices and the setting up in trade; forbid the employing of strangers; provide for the settlement of disputes and the examination of work not sufficiently done after the sample. Already the tendency to limit the number of workmen that might be employed which was later to prove a stumbling block to artistic progress is to be noted. On the other hand the effort to keep work up to a certain standard, which was to mean so much for artistic {381} accomplishment in the next few generations must be noted as a compensatory feature of the Guild regulations.

{opp381} [Illustration] DOORWAY (LINCOLN)

[Footnote 32: Storrs, "Bernard of Chairvaux," New York (Scribners), 1897, pp. 544-45. ]

As a matter of fact very few people realize how much was accomplished for the spirit of democracy, for liberty, for true progress, as regards the rights of men of all classes, and for the feeling of the brotherhood of man itself, by the Crusades. A practical money-making age may consider them examples of foolish religious fanaticism, but those who have studied them most profoundly and with most sympathy, who are deeply interested in the social amelioration which they brought about, and, above all, those who look at them in the higher poetic {389} spirit of what they did to lift man above the sordid cares of everyday life, see them in a far different way. Charles Kingsley sang in the poem of The Saints Tragedy:

"Tell us how our stout crusading fathers Fought and bled for God and not for gold."

But quite apart from the poetry of them, from the practical side much can be said which even the most matter of fact of men will appreciate. Here, for instance, are a series of paragraphs from the history of the Middle Ages by George Washington Greene, which he confesses to have taken chiefly from the French, [Footnote 33] which will make clear something of the place these great expeditions should be considered as holding in the history of democracy and of liberty:

[Footnote 33: New York, Appleton, 1867.]

"Christendom had not spent in vain its treasures and its blood in the holy wars. Its immense sacrifices were repaid by immense results, and the evils which these great expeditions necessarily brought with them were more than compensated for by the advantages which they procured for the whole of Europe.

"The Crusades saved Europe from the Mussulman invasion and this was their immediate good. Their influence was felt, too, in a manner less direct, but not less useful. The Crusades had been preached by a religion of equality in a society divided by odious distinctions. All had taken part in them, the weak as well as the strong, the serf and the baron, man and woman, and it was by them that the equality of man and woman, which Christianity taught, was made a social fact. St. Louis declared that he could do nothing without the consent of his queen, his wife. It was from this period that we must date that influence of woman which gave rise to chivalric courtesy, the first step towards refinement of manners and civilization. The poor, too, were the adopted children of the Christian chivalry of the Crusades. The celebrated orders of Palestine were instituted for the protection of poor pilgrims. The Knights of the hospitals called the poor their masters. Surely no lesson was more needed by these proud barons of the Middle Ages than that of charity and humility.

{390}

"These ideas were the first to shake the stern despotism of feudality, by opposing to it the generous principles of chivalry which sprang all armed from the Crusades. Bound to the military orders by a solemn vow--and in the interests of all Christendom--the knight felt himself free from feudal dependence, and raised above national limits, as the immediate warrior and servant of the united Christendom and of God. Chivalry founded not upon territorial influence, but upon personal distinction, necessarily weakened nobility by rendering it accessible to all, and diminishing the interval which separated the different classes of society. Every warrior who had distinguished himself by his valor could kneel before the king to be dubbed a knight, and rise up the equal, the superior even, of powerful vassals. The poorest knight could sit at the king's table while the noble son of a duke or prince was excluded, unless he had won the golden spurs of knighthood. Another way by which the Crusades contributed to the decay of feudalism was by favoring the enfranchisement of serfs, even without the consent of their masters. Whoever took the cross became free, just as every slave becomes free on touching the soil of England or France.

"The communities whose development is to be referred to the period of the Crusades, multiplied rapidly; the nobility gladly granting charters and privileges in exchange for men and money. With the communities the royal power grew, and that of the aristocracy decreased. The royal domain was enlarged, by the escheating of a great number of fiefs which had been left vacant by the death of their lords. The kings protected the communities, favored their enfranchisement, and employed them usefully against insubordinate vassals. The extension of the royal power favored the organization of the nation, by establishing a principle of unity, for till then, and with that multitude of masters, the nation had been little else than an agglomeration of provinces, strangers to one another, and destitute of any common bond or common interest. The great vassals, themselves, often united under the royal banner, became accustomed during these distant expeditions to submission and discipline, and learned to recognize a legitimate authority; and if they lost by this submission a part of their {391} personal power, they gained in compensation the honorable distinctions of chivalry.

"But it was not the national feeling alone which was fostered by the Crusades. Relations of fraternity, till then wholly unknown, grew up between different nations, and softened the deep-rooted antipathy of races. The knights, whom a common object united in common dangers, became brothers in arms and formally formed permanent ties of friendship. That barbarous law which gave the feudal lord a right to call every man his serf who settled in his domains was softened. Stranger and enemy seemed to be synonymous, and 'the Crusaders,' say the chroniclers of the times, 'although divided by language, seemed to form only one people, by their love for God and their neighbor.' And without coloring the picture too warmly, and making all due allowance for the exaggerations which were so natural to the first recorders of such a movement, we may say that human society was founded and united and Europe began to pass from the painful period of organization, to one of fuller and more rapid development."

Here in reality modern democracy had its rise, striking its roots deep into the disintegrating soil of the old feudalism whence it was never to be plucked, and though at times it languished it was to remain ever alive until its luxuriant growth in recent times.

After Marco Polo, undoubtedly, the most enterprising explorer and interesting writer on Travel in the Thirteenth Century was John of Carpini, the author of a wonderful series of descriptions of things seen in Northern Asia. Like so many other travelers and explorers at this time John was a Franciscan Friar, and seems to have been one of the early companions and disciples of St. Francis of Assisi, whom he joined when he was only a young man himself. Before going on his missionary and ambassadorial expedition he had been one of the most prominent men in the order. He had much to do with its {401} propagation among the Northern nations of Europe, and occupied successively the offices of custos or prior in Saxony and of Provincial in Germany. He seems afterwards to have been sent as an organizer into Spain and to have gone even as far as the Barbary coast.

It is not surprising, then, that when, in 1245, Pope Innocent IV. (sometime after the Mongol invasion of Eastern Europe and the disastrous battle of Legamites which threatened to place European civilization and Christianity in the power of the Tartars) resolved to send a mission to the Tartar monarch, John of Carpini was selected for the dangerous and important mission.

At this time Friar John was more than sixty years of age, but such was the confidence in his ability and in his executive power that everything on the embassy was committed to his discretion. He started from Lyons on Easter Day, 1245. He sought the counsel first of his old friend Wenceslaus, King of Bohemia, and from that country took with him another friar, a Pole, to act as his interpreter. The first stage in his journey was to Kiev, and from here, having crossed the Dnieper and the Don to the Volga, he traveled to the camp of Batu, at this time the senior living member of Jenghis Khan's family. Batu after exchanging presents allowed them to proceed to the court of the supreme Khan in Mongolia. As Col. Yule says, the stout-hearted old man rode on horseback something like three thousand miles in the next hundred days. The bodies of himself and companion had to be tightly bandaged to enable them to stand the excessive fatigue of this enormous ride, which led them across the Ural Mountains and River past the northern part of the Caspian, across the Jaxartes, whose name they could not find out, along the Dzungarian Lakes till they reached the Imperial Camp, called the Yellow Pavilion, near the Orkhon River. There had been an interregnum in the empire which was terminated by a formal election while the Friars were at the Yellow Pavilion, where they had the opportunity to see between three and four thousand envoys and deputies from all parts of Asia and Eastern Europe, who brought with them tributes and presents for the ruler to be elected.

{402}

It was not for three months after this, in November, that the Emperor dismissed them with a letter to the Pope written in Latin, Arabic, and Mongolian, but containing only a brief imperious assertion that the Khan of the Tartars was the scourge of God for Christianity, and that he must fulfill his mission. Then sad at heart, the ambassadors began their homeward journey in the midst of the winter. Their sufferings can be better imagined than described, but Friar John who does not dwell on them much tells enough of them to make their realization comparatively easy. They reached Kiev seven months later, in June, and were welcomed there by the Slavonic Christians as though arisen from the dead. From thence they continued their journey to Lyons where they delivered the Khan's letter to the Pope.

Friar John embodied the information that he had obtained in this journey in a book that has been called Liber Tartarorum (the Book of the Tartars or according to another manuscript, History of the Mongols whom we call Tartars). Col. Yule notes that like most of the other medieval monks' itineraries, it shows an entire absence of that characteristic traveler's egotism with which we have become abundantly familiar in more recent years, and contains very little personal narrative. We know that John was a stout man and this in addition to his age when he went on the mission, cannot but make us realize the thoroughly unselfish spirit with which he followed the call of Holy Obedience, to undertake a work that seemed sure to prove fatal and that would inevitably bring in its train suffering of the severest kind. Of the critical historical value of his work a good idea can be obtained from the fact, that half a century ago an educated Mongol, Galsang Gombeyev, in the Historical and Philological Bulletin of the Imperial Academy of St. Petersburg, reviewed the book and bore testimony to the great accuracy of its statements, to the care with which its details had been verified, and the evident personal character of all its observations.

Friar John's book attracted the attention of compilers of information with regard to distant countries very soon after it was issued, and an abridgment of it is to be found in the Encyclopedia of Vincent of Beauvais, which was written shortly {403} after the middle of the Thirteenth Century. At the end of the Sixteenth Century Hakluyt published portions of the original work, as did Borgeron at the beginning of the Seventeenth Century. The Geographical Society of Paris published a fine edition of the work about the middle of the Nineteenth Century, and at the same time a brief narrative taken down from the lips of John's companion. Friar Benedict the Pole, which is somewhat more personal in its character and fully substantiates all that Friar John had written.

As can readily be understood the curiosity of his contemporaries was deeply aroused and Friar John had to tell his story many times after his return. Hence the necessity he found himself under of committing it to paper, so as to save himself from the bother of telling it all over again, and in order that his brother Franciscans throughout the world might have the opportunity to read it.

Col. Yule says "The book must have been prepared immediately after the return of the traveler, for the Friar Salimbene, who met him in France in the very year of his return (1247) gives us these interesting particulars: 'He was a clever and conversable man, well lettered, a great discourser, and full of diversity of experience. He wrote a big book about the Tartars (sic), and about other marvels that he had seen and whenever he felt weary of telling about the Tartars, he would cause this book of his to be read, as I have often heard and seen. (Chron. Fr. Salembene Parmensis in Monum. Histor. ad Provinceam Placent: Pertinentia, Parma 1857).'"

Another important traveler of the Thirteenth Century whose work has been the theme of praise and extensive annotation in modern times was William of Rubruk, usually known under the name of Rubruquis, a Franciscan friar, thought, as the result of recent investigations, probably to owe his cognomen to his birth in the little town of Rubruk in Brabant, who was the author of a remarkable narrative of Asiatic travel during the Thirteenth Century, and whose death seems to have taken place about 1298. The name Rubruquis has been commonly used to designate him because it is found in the Latin original of his work, which was printed by Hayluyt in his collection of Voyages at the end of the {404} Sixteenth Century. Friar William was sent partly as an ambassador and partly as an explorer by Louis IX. of France into Tartary. At that time the descendants of Jenghis Khan ruled over an immense Empire in the Orient and King Louis was deeply interested in introducing Christianity into the East and if possible making their rulers Christians. About the middle of the Thirteenth Century a rumor spread throughout Europe that one of the nephews of the great Khan had embraced Christianity. St. Louis thought this a favorable opportunity for getting in touch with the Eastern Potentate and so he dispatched at least two missions into Tartary at the head of the second of which was William of Rubruk.

His accounts of his travels proved most interesting reading to his own and to many subsequent generations, perhaps to none more than our own. The Encyclopedia Britannica (ninth edition) says that the narrative of his journey is everywhere full of life and interest, and some details of his travels will show the reasons for this. Rubruk and his party landed on the Crimean Coast at Sudak or Soldaia, a port which formed the chief seat of communication between the Mediterranean countries and what is now Southern Russia. The Friar succeeded in making his way from here to the Great Khan's Court which was then held not far from Karakorum. This journey was one of several thousand miles. The route taken has been worked out by laborious study and the key to it is the description given of the country intervening between the basin of the Talas and Lake Ala-Kul. This enables the whole geography of the region, including the passage of the River Ili, the plain south of the Bal Cash, and the Ala-Kul itself, to be identified beyond all reasonable doubt.

The return journey was made during the summertime, and the route lay much farther to the north. The travelers traversed the Jabkan Valley and passed north of the River Bal Cash, following a rather direct course which led them to the mouth of the Volga. From here they traveled south past Derbend and Shamakii to the Uraxes, and on through Iconium to the coast of Cilicia, and finally to the port of Ayas, where they embarked for Cyprus. All during his travels Friar William made observations on men and cities, and rivers and mountains, and {405} languages and customs, implements and utensils, and most of these modern criticism has accepted as representing the actual state of things as they would appear to a medieval sightseer. Occasionally during the period intervening between his time and our own, scholars who thought that they knew better, have been conceited enough to believe themselves in a position to point out glaring errors in Rubruquis' accounts of what he saw. Subsequent investigation and discovery have, as a rule, proved the accuracy of the earlier observations rather than the modern scholar's corrections. An excellent example of this is quoted in the Encyclopedia Britannica article on Rubruquis already referred to.

{opp405} [Illustration] DOORWAY OF GIOTTO'S TOWER (FLORENCE)

{opp417} [Illustration] PALAZZO DEI CONSOLI (GUBBIO)

[Footnote 36: Beiträge zur Geschichte des Krankencomforts. Deutsche Krankenpflege Zeitung, 1898, in 4 parts.]

"It is a remarkable fact that attention to the well-being of the sick, improvements in hospitals and institutions generally and to details of nursing care, had a period of complete and lasting stagnation after the middle of the seventeenth century, or from the close of the Thirty Years' War. Neither officials nor physicians took any interest in the elevation of nursing or improving the conditions of hospitals. During the first two-thirds of the eighteenth century, nothing was done to bring either construction or nursing to a better state. Solely among the religious orders did nursing remain an interest, and some remnants of technique survive. The result was that, in this period, the general level of nursing fell far below that of earlier periods. The hospitals of cities were like prisons, with bare, undecorated walls and little dark rooms, small windows where no sun could enter, and dismal wards where fifty or one hundred patients were crowded together, deprived of all comforts and even of necessaries. In the municipal and state institutions of this period, the beautiful gardens, roomy halls, and {485} springs of water of the old cloister hospital of the Middle Ages were not heard of, still less the comforts of their friendly interiors."

As might be expected, with the hospitals so badly organized, the art of nursing was in a decay that is almost unutterable. Miss Nutting, of Johns Hopkins Hospital, the Superintendent of Nurses, and Miss Dock, the Secretary of the International Council of Nurses, have in their History of Nursing a chapter on the Dark Period of Nursing, in which the decadence of the eighteenth century, in what regards the training of nurses for the intelligent care of the sick, is brought out very clearly. They say: [Footnote 37]

[Footnote 37: A History of Nursing, by M. Adelaide Nutting and Lavinia L. Dock, in two volumes, illustrated. G. P. Putnam's Sons, New York, 1907.]

"It is commonly agreed that the darkest known period in the history of nursing was that from the latter part of the seventeenth up to the middle of the nineteenth century. During the time, the condition of the nursing art, the well-being of the patient, and the status of the nurse, all sank to an indescribable level of degradation."

Taine, in his History of the Old Regimé of France, has told the awful story of the attitude of the so-called better classes toward the poor. While conditions were at their worst in France, every country in Europe saw something of the same thing. In certain parts of Germany conditions were, if possible, worse. It is no wonder that the French Revolution came at the end of the eighteenth century, and that a series of further revolutions during the nineteenth century were required to win back some of the rights which men had gained for themselves in earlier centuries and then lost, sinking into a state of decadence out of which we are only emerging, though in most countries we have not reached quite the level of human liberty and, above all, of Christian democracy that our forefathers had secured seven centuries ago.

With these considerations in mind, it is easier to understand how men in the later nineteenth century and beginning twentieth century are prone to think of their periods as representing an acme in the course of progress. There is no doubt that we are far above the eighteenth century. That, however, was a deep valley in human accomplishment, indeed, a veritable slough of despond, out of which we climbed; and, looking back, are prone to think how fortunate we are in having ascended so high, though beyond our vision on the other side of the valley the hills rise much higher into the clouds of human aspiration and artistic excellence than anything that we have attained as yet. Indeed, whenever we try to do serious work at the present time, we confessedly go back from four to seven centuries for the models that we must follow. With Renaissance art and Gothic architecture and the literature before the end of the sixteenth century cut out of our purview, we would have nothing to look to for models. This phase of history needs to be recalled by all those who would approach with equanimity the consideration of The Thirteenth as the Greatest of Centuries.

{486}

INDEX.

Abbey schools, 26; of St. Victor, 150 Aberration of light, 44 Abingdon, Edmund of, 327 Adam of St. Victor, 204 Age of Students, 25-63 Albertus Magnus, 46 Alchemies, 93 Alfonso the Wise, 2 Aliens' rights, 358 Allbutt, Prof., 83 Amiens, 105 Andrew II, Golden Bull, 369 Angel Choir, 13, 108 Angelo on Dante, 305 Anselm, 80 Antipodes, 50, 392 Ants in Dante, 314 Appreciation of art, 146 Aquinas, 38; and Albertus, 271; appreciation of, 283; capacity for work, 286; education, 270; on Existence of God, 276; on liberty and society, 279; at Paris, 272; as a poet, 287; and Pope Leo XIII, 374; on Resurrection, 278; tributes to, 281

Arbitration, 382 Arena Padua, 144 Arezzo, 23 Arnaud, Daniel, 189 Arnaud de Marveil, 189 Arnold, Matthew, and Francis, 256 Art and the Friars, 139 Artemus Ward, 52 Arts and Crafts, 124 Arthur Legends, 10, 173 Arundel, Countess of, 320 Asbestos, 398 Ascoli, Cope, 14, 134 Assisi, 144 Assizes of Clarendon, 351; of Jerusalem, 365 Avignon, 24

Bacon, 41 Barbarossa, 1 Barbizon School, 145 Basil Valentine, 94 Bateson, Miss, 328 Beau Dieu, 13 Beautiful God, 105 Beauty and usefulness, 113 Beauvoisis, Statutes of, 365 Bell-making, 133 Beowulf, 180 Berrengaria, Queen, 320 Bernardo del Carpio, 170 Bernart de Ventadorn, 183 Bernard of Cluny, or Morlaix, 205 Bertrand de Born, 191 Bestiarium, 164 Bible study, 234, 252 Blanche of Castile, 289, 320; as a mother, 326; as a ruler, 326 Blessed work, 125 Boileau, Stephen, 365 Boniface VII and American Revolution, 374 Books, beautiful, 150; bequests, 155; collecting, 154, 157; great stone, 115 Booklovers, 155 Book-learning, 129 Book of Arts, Deeds, Words, 5 Borgo Allegri, 141 Botany, 149 Bracton, 361 Bracton's digest, 15, 82 Bremen, 420 Brook farm, 264

Cahors, 34 Calendar, 43 Calvi, College of, 26 Capital, English, created, 357 Canon law, codified, 370 Canticle of Sun, 258 Carlyle, Minnesong, 183; Nibelungen, 178 Case histories, 84 Casimir the Great, 369 Caspian not a gulf, 406 Castles and armories, 120 Catalogues of libraries, 151 Cathedral Symbolism, 118 Cavalcanti, 10 Celano, 197 Chalices, 113 Charity organizations, 27, 345 Chartres, glass, 14; windows, 111 Chauliac, 92 Chemistry, 46; not forbidden, 93 Chester cycle, 240, 242 Chrestien de Troyes, 175 Chronicles, 224 Cid, El, 9 Cimabue, 2, 12, 140 Cino da Pistoia, 10 Circulating libraries, 149 Clare, St., and St. Francis, 322 Clare, St., 320; character, 321; happiness, 322; life, 320 Clarendon assizes, 351; constitutions, 351 Clerics at the universities, 71 Cloisters, Lateran, 121; St. Paul's, Rome, 121 Coal, 397 Code of Hammurabi, 3 Coeducation, 330 Colleges, Origin of, 29 Cologne, 420 Common Law, 361 Commentaries on Law, 371 Common pleas, 35 Comparative university attendance, 61 Compayré, 67 Complaints of books, 158 Composition of matter, 38 Condorcet, 34 Conrad of Kirchberg, 188 Conservation of energy, 39 Cope of Ascoli, 115 Corrections, Optical, 131

{487}

Cost of books, 156 Crusades and democracy, 389; Greene, on, 389; Storrs on, 388; Stubbs on, 298 Curtain lectures, 331

Dante da Maiano, 10 Dante and children, 313; and Milton, 315; and Virgil, 316; education, 300; in America, 311; in England, 305; in Germany, 309; in Italy, 304; not alone, 300; power of observation, 313; present estimation, 317; sonnets, 302; troubadour, 303; universality, 301

Dante-Gesellschaft, 310 Dean Church's Dante, 306 Decay of Philosophy, 282 Declaration of Independence, Swiss, 377 Degrees, 36 De Maistre, 66 Democracy and the Crusades, 388; guilds, 378 Denifle, 35 De Roo on pre-Columbian America, 400 Dialectics, 33 Dies Irae, Admirers of, 199; supreme, 197 Dietmar von Eist, 186 Digest of common law, 361 Discipline at universities, 73; and democracy, 76 Disease segregation, 343 Dissection not forbidden, 91 Dominicans and art, 139; and books, 156 St. Dominic, 266; and St. Francis, 267 Donatus, Deposition for ignorance of, 30 Drama and St. Francis, 238 Durandus, 117, 234

Education, classes, 7; masses, 8; popular, 129; of women, four periods, 331 Edward I, 2, 361 Edward VI and charity, 340; education, 386 El Cid, 169; battle scene, 170; daughters' innocence, 172; marriage, 171; single author, 169 Emulation of workers, 125 Encyclopedia, 231 Enforcement of law, 366 English democracy, 378 Enterprise, commercial, 421 Epic poetry, 167 Equality of women, 324, 389 Erysipelas segregated, 344 Evelyn's diary, 131 Evolution and man, 3 Experiment, 44 Explosives, 42 Exultet, 207

Fehmic Courts, 368 Felix of Valois, 347 Feminine education, 330; four periods, 331 reasons for decline, 333 Ferguson, 97 Francis, St., great disciples, 263; in drama, 239; influence still, 266; life, 259; literary man, 255; modern interest in, 261; Ruskin on, 260; second order, 265; third order, 265; troubadour, 255 Franciscans and Art, 139; explorers, 394 Fraternal insurance, 382 Fraternity, initiations, 425 Frederick II, 2 Freedom, development of, 375 Free cities, 377; schools, 385 Freemen's rights, 358 Friars, 267; Green's tribute to, 268; explorers, 409 Froude, 97; on Reynard, 211 Furniture, 122 Finsen anticipated, 89 Five Sisters, York, 14, 110 Founder of Hospitals, 337

Gaddi, 2, 142 Galsang Gombeyev, 402 Geography, 50 German Guild-hall, London, 421 Gerontius' dream, 308 Gild merchant, 383 Giotto, 2, 12, 142; appreciation of, 145; immense work, 146 Giotto's tower, 122 Gladstone and Richard de Bury, 160 Glosses, Law, 371 Goethe's Reynard, 213 Goerres, 255 Gohier, Urbain, 379 Golden Bull, 369 Golden Legend, 213 Goodyear, 131 Gothic, development, 102; English, 100; French, North German, 167; Sculpture, 105-107; Spanish, 100; varieties, 12, 100, 167 Grail Legends, 174 Gratian, 81 Gray, 32 Green on Matthew Paris, 229 Greatness of an epoch, 6 Gregorian chant, 207 Grotesque in Dante, 309 Grounds of ignorance, 41 Guido de Montpelier, 338 Guido, 142 Guilds, 132; and the drama, 136; and democracy, 378; Boston, 382; London, 382; number, 381; rules, 38; list of, 245

Hamburg, 420 Hamilton, 34 Hammurabi, 4 Hansa Alamanniae, 422; and Denmark, 419; geese cackle, 419; obscurity of origin, 416 Harper, 52 Hartman von Aue, 186 Hayton, 412 Healing by first intention, 85 Herodotus and Marco Polo, 396 History, so-called, 127, appendix Hollandus, 94

{488}

Homer, 3 Hospitals, earliest, 337; England, 339 Hotel Dieu, 339; endowment, 339 Human life, value, 367 Human rights, 366 Humboldt on Dante, 311-315 Humboldt, 47 Humor in mystery plays, 241 Humphreys, 162 Huysmans, 120 Hymns often heard, 195; and languages, 203; seven greatest, 199

Ignorance and servitude, 127 Illuminated books, 162 Indestructibility of matter, 39 International court, 424; comity, 428; fraternity, 391 Irnerius, 18, 81 Iron work, 114

Jenghis Khan, 2 Jerusalem the Golden, 205 Jessopp, Rev. Augustus, 133 Job, 3 Jocelyn of Brakelond, 226; and Boswell, 227; selection, 227 John of Carpini, 400 John of Matha, 347 John of Monte Corvino, 410-412 Joinville and the poor, 297; selection, 228 Journeymen, 135 Justinian, English, 363

Kenilworth, 121 Kidney disease, 84

Lafenestre, 138-144 Lamentations, 207 Lanfranc, 37, 83 Lancelot, 175 Lateran, Council of, 28 Laurie, 59, 63, 65, 76 Law, Canon, 370; French, 364; German, 368; Glosses, 371; Hungarian, 369; Polish, 369; Spanish, 15

Lea, Henry C, 60 League, Lombard, 417 Legenda Aurea, 213 Lending of books, 152 Lending of professors, 56 Leo XIII, 81 Lepers, Louis IX and, 297 Leprosy eradicated, 343 Lerida, 24 Lhasa entered, 410 Liberties and customs, 360; English, 358; Hungary and Poland, 369 Library of La Ste. Chapelle, 152; circulating, 152, 165; of Hotel Dieu, 153; of the Sorbonne, 153 Lincoln, 96 Lingard, 61 Literature for women, 334 Lodge, Sir Oliver, 40 Longfellow, 209; Dante, 311 Louis IX, 289; books, 164; charity, 296; crusades, 298; education, 291; father, 290-294; husband, 289; justice, 293, 294; law, 365; monks, 295; son, 289

Lowell on Dante, 311 Lübeck punished, 418; laws, 422 Lully, 57 Lunar rainbows, 48

Mabel Rich, 327 MacCarthy, 201 Magna Charta, 1, 350; development of, 353; excerpts, 352, et seq. Malory, 175 Mandeville, 408 Manning on Dante, 308 Map or Mapes, Walter, 174-176 March on Latin Hymns, 195 Marco Millioni, 396 Maria di Novella, 331 Masterpieces, 135 Matter and form, 40; constitution of, 40 Matthew Paris, 229; Green's tribute, 229 Meaning of Cathedral, 118 Meistersingers, 10 Merchants' privileges, 359 Merrie England, 126 Metaphysical speculations, 33-37 Method of study, 53 Meyer, 49 Middle Ages, place of, 5 Middle class students, 72 Mill, 34 Millet, 145 Minnesingers, 10 Modern war correspondents anticipated, 225, 228 Mondino, 93 Money and privileges, 426 Money grabbers, 217 Monks, Idle, 414; explorers, 413 Monroe, 55 Montalembert, monks, 414; laws, 364 Montpelier, 23 Morley, Henry, 42, 157, 173, 244 Most read books. Ten, 209 Motor cars, 43 Music, Church, 206; part, 207 Mutual Aid, 379 Mystery plays, players, 247, 250; bible study, 251; influence, 252

Names, Medieval, 331 Nations, 76 Neale, 206 Needlework, 14 Nerve suture, 86 Newman's tribute to Dante, 306 New York Times Building, 123 Nibelungen, 177 Noah and wife, 242 Nolasco, Peter, 348 Notebook, The elegant, 54 Novgorod founded, 421 Numbers of students, 63, et seq Nurses' habits, 345

Odoric, 409 One thing a day, 54 Optics, 44

{489}

Optical corrections, 131 Opus Majus, 45 Organized charity, 381 Osler, 108, 323 Oxford, 22

Padua, 23 Pagel, 90; on Vincent of Beauvais, 233 Palencia, 24 Pange Lingua, 199 Papal Court and academy, 31 Parliament, First English, 14 Parzifal, 188 Peace Burgs, 420 Pennell, Elizabeth Robbins, 98 Peregrinus, 37-44 Perugia, 23 Petroleum, 397 Peyrols, 192 Philobiblon, 157 Philosophic writers, 222 Phosphorescence in Dante, 315 Physical geography, 47 Place of women, 319 Plain Chant, 207 Plumptre's Dante, 310 Polo, Marco, 396 Poor students, 72 Poor, Washing feet of, 297 Popes and Laws, 370 Pope Alexander IV, 31; Boniface VIII, 2; Gregory IX, 2, 30; Honorius IV, 2, 30; Innocent III, 2, 30, 337 Population of England, 61 Potamian, Brother, 37 Piacenza, 23 Practical knowledge, 41 Preparatory schools, 26 Pre-renaissance, 5, 254 Professors' publications, 79 Progress of liberty, 386

Queen Berengaria, 320 Queen Blanche of Castile, 320

Ransom of prisoners, 347 Raymond of Pennafort, 348 Real Estate Law, 362 Redemption of captives, 348 Red-light therapy, 89 Religious order for erysipelas, 345; for slaves, 347 Reinach, 103, 116, 128 Representative government, 372, 386 Renaissance, 5 Reynard the Fox, 210; original, 212 Rheims, 105, 107 Rhenish cities, 420 Rhymed Latin, 104 Rhyme, origin, 199 Richard Coeur de Lion, 1 Richard de Bury, 157; as a churchman, 161; chaplains, 160; charity, 161; place in history, 159

Rich, Mabel, 327; and her sons, 327 Robinson, Fr. Paschal, 257, 261 Rod in school, 185 Roland, 181 Romance of Rose, 215; charge of dullness, 216; poor happy, 219; misers miserable, 218; satire on money grabbers, 217 Rossetti on Dante, 317 Rubruquis, 403; on customs, 408; on languages, 405, 407 Rucellai Madonna, 141 Rudolph of Hapsburg, 2, appendix Ruskin, 6, 123, 260, 309 Rusticiano, 399

Sadness absent in Gothic art, 147 Saintsbury, 34, 36, 175, 180, 197, 223, 226 Saladin, 1 Salamanca, 24 Salamander, asbestos, 398 Salicet, 83 Salimbene, Friar, 403 Salisbury, 129 Saturday, half-holiday, 379 Schaff, 198, 205 Scholasticism and style, 223 Sculpture, Amiens, 13, 105; Rheims, 105 St. Denis, 13 Settlement work, 325; Seneca, 53 Siena, 23 Sigbart, 47 Simon de Montfort, 361 Social unrest, 124 Sorbonne, Robert, 53 Sordello, 10 St. Bonaventure, 2, 203; Clare, 2, 320; Dominic, 267; Edmund, 72, 327; Elizabeth, 320, 325; Ferdinand, 15; Hugh, 2, 96; Thomas, 203

St. Gall, 69 St. John, Lateran, 121 St. Mary's Abbey, 121 St. Paul's, Rome, 121 St. Victor, Adam and Hugh of, 204 Stabat Mater, 200; translations, 201 Stained Glass, 14; Lincoln, 109; York, 110 Stevenson, R. M., 99 Storrs on Crusades, 388 Stubbs on Crusades, 298 Students, Support of, 65 Studies, 33 Studium generale, 21 Symbolism, 117 Systematizing thought, 80

Tarragona, 101 Tartars, Book of, 402 Tasso and Nibelungen, 179 Taste, Popular, 112 Tate, 52 Taxation and representation, 336; no, without representation, 374 "The Three Eights," 379 Thibet, 410 Thomas, St., See Aquinas Thule, 51 Toledo, 101 Toulouse, 24 Towns and cathedrals, 9 Trade facilities, 415 Travel, medieval, 394 Troubadours, 190 Trouvères, 10 Turner, 35, 145 Training intellect

{490}

Ungreek, only thing, 99 Universitas, 21 University, Bologna, 19, 58; foundation, 18; Orleans, 19; Oxford, 58; Paris, 18, 58; Salernum, 20; roughness, 73

Vehmgerichte, 368 Vercelli, 23 Vicenza, 23 Vienna Cathedral, 168 Vigilance committees, 368 Vigils, holidays, 379 Villehardouin, 224; and Xenophon, 225 Vincent of Beauvais, 231; and historical writers, 231; methods, 232; style, 233 Virchow and evolution, 3; on hospitals, 338; on Pope Innocent, 342 Vocation for women, 322 Vogelweide, 185 Voragine, Jacobus de, 213

Wandering students, 57 Wanderjahre, 135 Water cure, 427 Wernher, 187 Whewell, 45 Widows, Magna Charta, 354 William of Rubruk, 403 William of Salicet, 83 William of St. Gregory, 192 Wolfram von Eschenbach, 187 Women, in hospitals, 328; in literature, 335; occupations, 329; position, 334 Working students, 60 Wounds of neck, 86

Xenophon, and Villehardouin, 225

Yeats, 113 Yule, Colonel, 401; on Odoric, 411; on Rubruquis, 407

Zimmern, Miss, on Hansa, 415; on medieval initiations, 425

[End text; advertisements]

Books by Dr. Walsh --------------------------- Dear Dr. Walsh:

I beg to thank you for your interesting letter enclosing syllabus of Advent Lectures and circular of your latest work. The highest value attaches to historical research on the lines you so ably indicate, especially at the present time, when the enemies of Holy Church are making renewed efforts to show her antagonism to science and human progress generally. I shall have much pleasure in perusing your work entitled "The Thirteenth Greatest of Centuries."

Wishing you every blessing, I am, Yours sincerely in Xt., Rome, January 18th, 1908. R. Card. MERRY DEL VAL.

_Fordham University Press Series_

MAKERS OF MODERN MEDICINE

A series of Biographies of the men to whom we owe the important advances in the development of modern medicine. By James J. Walsh, M. D., Ph. D., LL.D., Dean and Professor of the History of Medicine at Fordham University School of Medicine, N. Y. Third Edition, 1914, 442 pp. Price, $3.00 net.

_The London Lancet_ said: "The list is well chosen, and we have to express gratitude for so convenient and agreeable a collection of biographies, for which we might otherwise have to search through many scattered books. The sketches are pleasantly written, interesting, and well adapted to convey the thoughtful members of our profession just the amount of historical knowledge that they would wish to obtain. We hope that the book will find many readers."

_The New York Times_: "The book is intended primarily for students of medicine, but laymen will find it not a little interesting."

_Il Morgagni_ (Italy): "Professor Walsh narrates important lives in modern medicine with an easy style that makes his book delightful reading. It certainly will give the young physician an excellent idea of who made our modern medicine."

_The Church Standard_ (Protestant Episcopal): "There is perhaps no profession in which the lives of its leaders would make more fascinating reading than that of medicine, and Dr. Walsh by his clever style and sympathetic treatment by no means mars the interest which we might thus expect."

_The New York Medical Journal_: "We welcome works of this kind; they are evidence of the growth of culture within the medical profession, which betokens that the time has come when our teachers have the leisure to look backward to what has been accomplished."

_Science_: "The sketches are extremely entertaining and useful. Perhaps the most striking thing is that everyone of the men described was of the Catholic faith, and the dominant idea is that great scientific work is not incompatible with devout adherence to the tenets of the Catholic religion."

MAKERS OF ELECTRICITY

By Brother Potamian, F. S. C, Sc. D. (London), Professor of Physics in Manhattan College, and James J. Walsh, M. D., Ph. D., Litt. D., Dean and Professor of the History of Medicine and of Nervous Diseases at Fordham University School of Medicine, New York. Fordham University Press, 110 West 74th Street. Illustrated Price, $2.50 net. Postage, 15 Cents Extra.

_The Scientific American_: "One will find in this book very good sketches of the lives of the great pioneers in Electricity, with a clear presentation of how it was that these men came to make their fundamental experiments, and how we now reach conclusions in Science that would have been impossible until their work of revealing was done. The biographies are those of Peregrinus, Columbus, Norman and Gilbert, Franklin and some contemporaries, Galvini, Volta, Coulomb, Oersted, Ampere, Ohm, Faraday, Clerk Maxwell, and Kelvin."

_The Boston Globe_: "The book is of surpassing interest."

_The New York Sun_: "The researches of Brother Potamian among the pioneers in antiquity and the Middle Ages are perhaps more interesting than Dr. Walsh's admirable summaries of the accomplishment of the heroes of modern science. The book testifies to the excellence of Catholic scholarship."

_The Evening Post_: "It is a matter of importance that the work and lives of men like Gilbert, Franklin, Galvini, Volta, Ampere and others should be made known to the students of Electricity, and this office has been well fulfilled by the present authors. The book is no mere compilation, but brings out many interesting and obscure facts, especially about the earlier men."

_The Philadelphia Record_: "It is a glance at the whole field of Electricity by men who are noted for the thoroughness of their research, and it should be made accessible to every reader capable of taking a serious interest in the wonderful phenomena of nature."

_Electrical World_: "Aside from the intrinsic interest of its matter, the book is delightful to read owing to the graceful literary style common to both authors. One not having the slightest acquaintance with electrical science will find the book of absorbing interest as treating in a human way and with literary art the life work of some of the greatest men of modern times; and, moreover, in the course of his reading he will incidentally obtain a sound knowledge of the main principles upon which almost all present-day electrical development is based. It is a shining example of how science can be popularized without the slightest twisting of facts or distortion of perspective. Electrical readers will find the book also a scholarly treatise on the evolution of electrical science, and a most refreshing change from the "Engineering English" of the typical technical writer."

EDUCATION, HOW OLD THE NEW

A Series of Lectures and Addresses on Phases of Education in the Past Which Anticipate Most of Our Modern Advances, by James J. Walsh, M. D., Ph. D., Litt. D., K. C. St. G. Dean and Professor of the History of Medicine and of Nervous Diseases at Fordham University School of Medicine. Fordham University Press, 1910. 470 pp. Price, $2.50 net. Postage, 15 Cents Extra.

Cardinal Moran (Sydney, Australia): "I have to thank you for the excellent volume Education How Old the New. The lectures are admirable, just the sort of reading we want for English readers of the present day."

_New York Sun_: "It is all bright and witty and based on deep erudition."

_The North American_ (Phila.): "Wide historical research, clear graphic statement are salient elements of this interesting and suggestive addition to the modern welter of educational literature."

_Detroit Free Press_: "Full of interesting facts and parallels drawn from them that afford much material for reflection."

_Chicago Inter-Ocean_: "Incidentally it does away with a number of popular misconceptions as to education in the Middle Ages and as to education in the Latin-American countries at a somewhat later time. The book is written in a straight unpretentious and interesting style."

_Wilkes-Barre Record_: "The volume is most interesting and shows deep research bearing the marks of the indefatigable student."

_Pittsburg Post_: "There is no bitterness of controversy and one of the first things to strike the reader is that the dean of Fordham quotes from nearly everybody worth while, Protestant or Catholic, poetry, biography, history, science or what not."

_The Wall Street News_ (N. Y.): "The book is calculated to cause a healthy reduction in the conceit which each generation enjoys at the expense of that which preceded it."

_Rochester Post Express_: "The book is well worth reading."

_The New Orleans Democrat_: "The book makes very interesting reading, but there is a succession of shocks in store in it for the complacent New Englander or Bostonian and for the orthodox or perfunctory reader of American literature."

OLD TIME MAKERS OF MEDICINE

The Story of the Medical Sciences during the Middle Ages. By James J. Walsh, K. C. St, G., M. D., Ph. D. Dean and Professor of the History of Medicine and of Nervous Diseases at Fordham University School of Medicine. Fordham University Press, 1911. Price, $2.50 net. Postage, 15 cents.

What we now know of art, architecture, literature, the arts and crafts in the Middle Ages has almost won for them the name of the Bright Ages instead of the Dark Ages. There seems just one dark spot--the neglect of science. This book removes that. It tells the story of medieval medical education with higher standards than ours, of medieval surgery with anaesthesia and antisepsis, with beautiful hospitals and fine nursing, and of medieval dentistry with gold fillings and bridgework.

_The Lancet_ (London): "We have said enough to whet the appetite of all interested in the history of the early makers of medicine. We cordially commend the perusal of this fascinating volume, which shows how much was accomplished in every department of intellectual effort in what is usually regarded as the unprogressive, stagnant, dark period of the Middle Ages."

_The New York World_ said: "As in Dr. Walsh's 'Thirteenth The Greatest of Centuries' he carries amazement with his revelations of how old are many things we call new."

MODERN PROGRESS AND HISTORY:

Lectures on various academic occasions by James J. Walsh, M. D., Ph. D., K. C. St. G., Litt, D., Sc. D. Dean and Professor of The History of Medicine and of Functional Nervous Diseases at Fordham University School of Medicine, Fordham University Press, 1912. Pp. 450 Twelve illustrations. Price, $2.50 net. Postage, 15 cents.

Though delivered on various occasions, these lectures are all on the theme that our modern progress is but a repetition of previous phases of human accomplishment and that whenever men faced certain problems they solved them as well at any time in history as they do now. Educational problems are shown to have been the same in Greece and Rome as in our own time. Old time prescriptions in medicine are strangely like many that we have now. Old time dentists filled teeth with gold and tin, did fine bridgework, invented movable dentures, transplanted teeth successfully and anticipated our dental progress. Pronunciation, Old and New, shows that the Irish brogue is Shakespeare's pronunciation while The Women of Two Republics demonstrates how old are our political problems, even suffragettism. "The book is disillusioning, but marvelously illuminating."