Probably the best way for a modern to realize how much of interest

there may be for him in Dante is to consider the great Italian epic

poet in comparison with our greatest of English epic poets, Milton.

While any such comparison in the expressive Latin phrase is sure to

walk lame, it serves to give an excellent idea of the methods of the

two men in the illustration of their ideas. We venture therefore to

quote a comparison between these two poets from a distinguished critic

who knows both of them well, and whose modern training in English

methods of thought, would seem to make him likely to be partial to the

more modern poet though as a matter of fact he constantly leans toward

the great medieval bard.

"The poetry of Milton differs from that of Dante as the

hieroglyphics of Egypt differ from the picture-writing of Mexico.

The images which Dante employs speak for themselves; they stand

simply for what they are. Those of Milton have a {316} signification

which is often discernible only to the initiated. . . . However

strange, however grotesque, he never shrinks from describing it. He

gives us the shape, the color, the sound, the smell, the taste; he

counts the numbers; he measures the size. His similies are the

illustrations of a traveler. Unlike those of other poets, and

especially of Milton, they are introduced in a plain business-like

manner, not for the sake of any of the beauty in the objects from

which they are drawn; not for the sake of any ornament they may

impart to the poem; but simply in order to make the meaning of the

writer as clear to the reader as it is to himself."

"Still more striking is the similarity between Dante and Milton.

This may be said to lie rather in the kindred nature of their

subjects, and in the parallel development of their minds, than in

any mere external resemblance. In both the man was greater than the

poet, the souls of both were 'like a star and dwelt apart.' Both

were academically trained in the deepest studies of their age; the

labour which made Dante lean made Milton blind. The 'Doricke

sweetnesse' of the English poet is not absent from the tender pages

of the Vita Nuova. The middle life of each was spent in active

controversy; each lent his services to the state; each felt the

quarrels of his age to be the 'business of posterity,' and left his

warnings to ring in the ears of a later time. The lives of both were

failures. 'On evil days though fallen, and evil tongues,' they

gathered the concentrated experience of their lives into one

immortal work, the quintessence of their hopes, their knowledge, and

their sufferings. But Dante is something more than this. Milton's

voice is grown faint to us--we have passed into other modes of

expression and of thought."

The comparison with Vergil is still more striking and more favorable

to the Italian poet. "Dante's reputation has passed through many

vicissitudes, and much trouble has been spent by critics in comparing

him with other poets of established fame. Read and commented upon in

the Italian universities in the generation immediately succeeding his

death, his name bcame obscured as the sun of the Renaissance rose

higher towards its meridian. In the Seventeenth Century he was less

read than Petrarch, Tasso, or Ariosto; in the Eighteenth he was {317}

almost universally neglected. His fame is now fully vindicated.

Translations and commentaries issue from every press in Europe and

America. Dante Societies are formed to investigate the difficulties of

his works. He occupies in the lecture-rooms of regenerated Italy a

place by the side of those great masters whose humble disciple he

avowed himself to be. The Divine Comedy is indeed as true an epic as

the AEneid, and Dante is as real a classic as Vergil. His metre is as

pliable and flexible to every mood of emotion, his diction as

plaintive and as sonorous. Like him he can immortalize by a simple

expression, a person, a place, or a phase of nature. Dante is even

truer in description than Vergil, whether he paints the snow falling

in the Alps, or the homeward flight of birds, or the swelling of an

angry torrent. But under this gorgeous pageantry of poetry there lies

a unity of conception, a power of philosophic grasp, an earnestness of

religion, which to the Roman poet were entirely unknown."

If we would have a very recent opinion as to the position of Dante as

a literary man and as a great intellectual force, perhaps no better

can be obtained than from some recent expressions of Mr. Michael

Rossetti, whose Italian descent, English training, and literary and

artistic heredity, seem to place him in an ideal position for writing

this generation's ultimate judgment with regard to the great poet of

the Thirteenth Century. In his Literature of Italy he said:--

"One has to recur time after time, to that astounding protagonist,

phenomenon and hero, Dante Alighieri. If one were to say that

Italian literature consists of Dante, it would, no doubt, be an

exaggeration, and a gross one, and yet it would contain a certain

ultimate nucleus of truth."

"Dante fixed the Italian language, and everyone had to tread in his

vestiges. He embodied all the learning and thought of his age and

transcended them. He went far ahead of all his predecessors,

contemporaries, and successors; he wrote the first remarkable book

in Italian prose, La Vita Nuova; and a critical exposition of it in

the Convito; in Latin, a linguistic treatise, the De Vulgari

Eloquio, which upholds the Vulgare Illustre, or speech of the best

cultivated classes, markedly in Tuscany and Bologna, against the

common dialects; and a {318} political study, De Monarchia, of the

most fundamental quality, which even to us moderns continues to be

sane and convincing in its essence, though its direct line of

argument has collapsed; and finally, and most important by far, he

produced in La Commedia Divina the one poem of modern Europe that

counter-balances Shakespeare and challenges antiquity. This is the

sole book which makes it a real pity for anyone to be ignorant of

Italian. Regarded singly, it is much the most astonishing poem in

the world, dwarfing all others by its theme, pulverizing most of

them by its majesty and sustainment, unique in the force of its

paraded personality and the thunderous reverberation of its

judgments on the living and the dead."

{319}

XX

THE WOMEN OF THE CENTURY.

In generations whose men proved so unending in initiative and so

forceful in accomplishment, so commanding in intelligence, so

persistent in their purposes, so acute in their searching, so

successful in their endeavors, the women of the time could not have

been unworthy of them. Some hints of this have been already given, in

what has been said about the making of furnishings for the church,

especially in the matter of needlework and the handpainting of various

forms of ornaments. There are further intimations in the histories of

the time, though unfortunately not very definite information, with

regard to even more ambitious accomplishments by the women of the

period. There are, for instance, traditions that the designs for some

of the Cathedrals and certainly for portions of many of them came from

women's hands. It is in the ethical sphere, however, that women

accomplished great things during the Thirteenth Century. Their

influence stood for what was best and highest in the life of the time

and their example encouraged not only their own generation, but many

people in many subsequent generations "to look up, not down, to look

within, not without" for happiness, and to trust that "God's in his

heaven and all's well with the world."

There are a number of women of the time whose names the race will not

let die. While if the ordinary person were asked to enumerate the

great women of the Thirteenth Century it would be rare to find one

able properly to place them, as soon as their names are mentioned, it

will be recognized that they succeeded in accomplishing work of such

significance that the world is not likely to let the reputation of it

perish. Some of these names are household words. The bearers of them

have been written of at length in quite recent years in English as

well as in other languages. Their work was of the kind that ordinarily

stands quite apart from the course of history and {320} so dates are

usually not attached to it. It is thought of as a portion of the

precious heritage of mankind rather than as belonging to any

particular period. Three names occur at once. They are St. Clare of

Assisi, St. Elizabeth of Hungary, and Queen Blanche of Castile, the

mother of St. Louis. To these should be added Queen Berengaria, the

sister of Blanche, and the mother of Ferdinand of Castile; Mabel Rich,

the London tradesman's wife, the mother of St. Edmund of Canterbury;

and Isabella, the famous Countess of Arundel.

The present day interest in St. Francis of Assisi, has brought St.

Clare under the lime-light of publicity. There is no doubt at all that

her name is well worthy to be mentioned along with his and that she,

like him, must be considered one of the strongest and most beautiful

characters of all time. She was the daughter of a noble family at

Assisi, who, having heard St. Francis preach, became impressed with

the idea that she too should have the opportunity to live the simple

life that St. Francis pictured. Of course her family opposed her in

any such notion. That a daughter of theirs should take up with a

wandering preacher, who at that time was looked on not a little

askance by the regular religious authorities, and whose rags, and

poverty made him anything but a proper associate for a young lady of

noble birth, could not but seem an impossible idea. Accordingly Clare

ran away from home and told Francis that she would never go back and

that he must help her to live her life in poverty just as he was doing

himself. He sent her to a neighboring convent to be cared for, and

also very probably so as to be assured of her vocation.

After a time a special convent home for Clare and some other young

women, who had become enamored with the life of poverty and simplicity

was established, and to this Clare's sister Agnes came as a postulant.

By this time apparently the family had become reconciled to Clare's

absence from home, but they would not stand another daughter following

such a foolish example. Accordingly Agnes was removed from the convent

by force after a scene which caused the greatest excitement in the

little town. It was not long, however, before Agnes returned to the

convent and within a few years their mother followed them, and became

one of the most fervent members of the little community.

{opp320}

[Illustration]

ST. CLARE'S FAREWELL TO THE DEAD ST. FRANCIS (GIOTTO)

{321}

The peace and happiness that came with this life of absolute poverty

soon attracted many other women and Clare was asked to establish

houses at a distance. Gradually the order of Poor Clares, the second

order of St. Francis, thus came into existence. When it was necessary

to draw up constitutions for the order, Clare showed not only the

breadth of her intelligence, but the depth of her knowledge of human

nature, and her appreciation of what was absolutely necessary in order

to keep her order from degeneration. Against the counsels of all the

ecclesiastics of her time, including many cardinals and even a Pope,

she insisted on the most absolute poverty as the only basis for the

preservation of the spirit of her second order of St. Francis. Her

character was well manifested in this contest from which she came out

victorious.

Her body has been miraculously preserved and may still be seen at

Assisi. Anyone who has seen the strongly set lips and full firm chin

of the body in the crypt of San Damiano, can easily understand the

strength of purpose and of character of this young woman who moulded a

generation to her will. The story is told of her, that once when the

Saracens invaded Italy and attacked the convent, she mounted the walls

with a monstrance containing the Blessed Sacrament in her hands, and

the marauders turned away in consternation from the stern brave figure

that confronted them, and bothered the nuns no more. After St.

Francis' death she, more than anyone else, succeeded in maintaining

the spirit of the Franciscan order in the way in which St. Francis

would have it go. Long after her death a copy of the original rules

was found in the fold of her garments and did much to restore the

Franciscan life to its primitive simplicity and purpose, so that even

after she was no more on earth, she was still the guardian and

promoter of St. Francis' work.

If one wants to know how much of happiness there came to her in life

one should read the famous passage which describes her visit to St.

Francis, and how she and he with sisters and brothers around them

broke bread together, with a sweetness that was beyond human. The

passage is to be found in the "Little Flowers of St. Francis of

Assisi" which was written {322} within a century after the occurrences

described. It recalls nothing so much as the story of the disciples at

Emaus and is worthy to be thought of beside the Scripture story.

[Footnote 26]

[Footnote 26: When came the day ordained by Francis, Saint Clare

with one companion passed forth from out the convent and with the

companions of Saint Francis to bear her company came unto Saint Mary

of the Angels, and devoutly saluted the Virgin Mary before her

altar, where she had been shorn and veiled; so they conducted her to

see the house, until such time as the hour for breaking bread was

come. And in the meantime Saint Francis let make ready the table on

the bare ground, as he was wont to do. And the hour of breaking

bread being come, they set themselves down together. Saint Francis

and Saint Clare, and one of the companions of Saint Francis with the

companion of Saint Clare, and all the other companions took each his

place at the table with all humility. And at the first dish, Saint

Francis began to speak of God so sweetly, so sublimely and so

wondrously, that the fulness of Divine grace came down on them, and

they all were wrapt in God. And as they were thus wrapt, with eyes

and hands uplift to heaven, the folk of Assisi and Bettona and the

country round about, saw that Saint Mary of the Angels, and all the

House, and the wood that was just hard by the house, were burning

brightly, and it seemed as it were a great fire that filled the

church and the House and the whole wood together: for the which

cause the folk of Assisi ran thither in great haste to quench the

flames, believing of a truth that the whole place was all on fire.

But coming closer up to the House and finding no fire at all, they

entered within and found Saint Francis and Saint Clare and all their

company in contemplation rapt in God and sitting around that humble

board. Whereby of a truth they understood that this had been a

heavenly flame and no earthly one at all, which God had let appear

miraculously, for to show and signify the fire of love divine

wherewith the souls of those holy brothers and holy nuns were all

aflame; wherefor they got them gone with great consolation in their

hearts and with holy edifying. Then after some long space. Saint

Francis and Saint Clare, together with all the others, returning to

themselves again and feeling of good comfort from the spiritual food

took little heed of the food of the body.]

{opp322}

[Illustration]

CHURCH (DOBERAN, GERMANY)

[Illustration]

SAN DAMIANO (ASSISI)

What Saint Clare accomplished as her life work was the making of a new

vocation for women. There are always a certain number of women who

look for peace and quiet rather than the struggle for existence. For

these the older monasteries did not supply a place unless they were of

the wealthier class as a rule. Among the Poor Clares women of all

classes were received. In this way a great practical lesson in

equality was {323} taught. Women did not have to marry, perhaps

unsuitable, often even objectionable men, simply in order to have a

mode of life. They could join one of these communities and though in

absolute poverty, with many hours each day devoted to meditation and

prayer, had time to give to beautiful needlework, to painting and book

illumination, and to other feminine occupations; and might thus pass

long, happy lives, apart from the bustle of the strenuous time.

Italy at this time, it must be recalled, was a seething cauldron of

political and military strife. Wars were waged, and struggles of all

kinds engaged in for precedence and power. These women got away from

this unfortunate state of affairs. Occasionally in times of

pestilence, when they were specially needed, as happened at least once

in Saint Clare's life, they took care of the ailing and lent their

convent as a hospital. Above all they stood in the eyes of their

generation for chosen people who saw things differently from others.

They taught the great lesson of not caring too much for the things of

this world and of not living one's life in order to get admiration

though usually envy comes, nor idle praise for qualities they either

do not possess or that are not worthy of notice. They showed people

the real value of this life by its reflection upon the other. Many a

man turned aside from ambitious schemes that would have injured

others, because of the kindly influence of these unselfish women and

because of the memory of a sister, or an aunt whose sacrificing life

was thus a rebuke to his foolish selfishness. Other women learned

something of the vanity of human things by learning to value the

character of these Poor Clares and realizing how much of happiness

came to them from the accomplishment of their simple duties. Professor

Osler said, in his lecture on Science and Immortality, of these

self-forgetting ones:--"The serene faith of Socrates with the cup of

Hemlock at his lips, the heroic devotion of a St. Francis or a St.

Teresa, but more often for each one of us the beautiful life of some

good woman whose--

Eyes are homes of silent prayer,

. . .

Whose loves in higher love endure.

{324}

do more to keep alive among the Laodiceans a belief in immortality

than all the preaching in the land." This is what St. Clare

accomplished for her own generation and her influence is still a great

living force in the world.

What especially should attract the attention of the modern time is the

perfect basis of equality on which the Franciscan and Dominican orders

of men and of women were organized. Each community had the opportunity

to elect its own superiors. The rules were practically the same for

the first (for men) and the second (for women) order of St. Francis,

except that while the first order were supposed to live on alms

collected by begging from door to door, this menial obligation was not

imposed upon the women, who were expected to be supported by alms

brought to their convents by the faithful, and by the labor of their

own hands. This equality of men and women in the monastic

establishments became widespread after the Thirteenth Century and made

itself felt in the social order of the time as a factor for feminine

uplift. Undoubtedly Saint Clare's work in the foundation of the second

order of St. Francis must be held responsible to no small degree for

this. Before her death, there were half a dozen scions of royal

families in various parts of Europe who had become members of her

order, and literally hundreds of the daughters of the nobility, many

of them of high rank, had put off their dignity and position in the

world, to become poor daughters of Saint Clare. They did so for the

peace and the happiness of the vocation, and the opportunity to seek

their souls and live their lives in their own quiet way, which her

convents afforded them.

{opp325}

[Illustration]

ST. ELIZABETH'S CATHEDRAL (MARBURG)

After Saint Clare, the best known woman of the Thirteenth Century is

undoubtedly Saint Elizabeth of Hungary, of whom the world knows some

pretty legends, while the serious historian recognizes that she was

the first settlement worker of history. As a child she wandered down

from the castle walls in which she lived and saw the poor in their

suffering. She felt so much for them that she stripped herself of most

of her garments and finally even of her shoes in order to clothe them.

When she was taken to task for this, she said that she had suffered

whatever inconvenience there was in it only for a few minutes while

the poor had suffered all their lives. She became {325} the wife of

the Duke of Thuringia, and there were three years of ideal happiness

with her husband and her children. When he went away on the Crusade

she gave herself up to the care of the poor. When he died, though she

was only twenty, and according to tradition one of the handsomest

women of her time, she devoted herself still more to her poor and even

went to live among them. She tried to teach them, as do the settlement

workers of the modern time, something of the true significance of

life, to bring them to realize to some degree at least, that so many

of the things they so vainly desire are not worth thinking about, but

that happiness consists in lopping off one's desires rather than

trying vainly, as it must ever be, to satisfy them. It is no wonder

that throughout all Germany she came to be called "the dear St.

Elizabeth." Literally thousands of women since her time have turned to

read the story of her beautiful devotion to charity, and have been

incited by her example to do more and more for the poor around them.

Those who know it only through Kingsley's, "The Saint's Tragedy,"

though this is disfigured by many failures to understand parts of her

career and her environment, can scarcely fail to realize that hers was

one of the world's sublimely beautiful characters. All she attempted

in the thorny paths of charity was accomplished in such a practical

way that the amount of good done was almost incalculable. The simple

recital of what she did as it has often been told, is the story of a

great individuality that impressed itself deeply upon its generation

and left the example of a precious life to act as a leaven for good in

the midst of the social fermentations of succeeding generations.

Yet Elizabeth succeeded in accomplishing all this in spite of the fact

that she was born the daughter of a king and married the reigning

prince of one of the most important ducal houses in Germany. One would

expect to find that her life had been long, so many traditions have

gathered around her name. She was twenty when her husband died, and

she survived him only four years. Literally she had accomplished a

long space in a short time and her generation in raising in her honor

the charming Gothic Cathedral at Marburg, one of the most {326}

beautiful in Germany, was honoring itself nobly as well as her. It is

the greatest monument to a woman in all the world.

The next great woman of the century also belonged to a reigning family

and is for obvious historical reasons better known, perhaps, than her

Saint contemporaries. This was Blanche, daughter of the King of

Castile, but intimately related to the English royal family. Married

to Louis VIII of France she is known principally as the mother of

Louis IX. She ruled France for many years while her boy was a minor

and when he came to the age, when he might ordinarily assume the reins

of government, he voluntarily permitted his mother to continue her

regency for some time longer. France was probably happier under her

than under any ruler that the country has ever had with the possible

exception of her son Louis. She succeeded in suppressing to a great

extent the quarrels so common among the nobility, she strengthened and

centralized the power of the crown, she began the correction of abuses

in the administration of justice which her son was to complete so

well, she organized charity in various ways, and the court was an

example to the kingdom of simple dignified life, without any abuse of

power, or wealth, or passion. No wonder that when Louis went on the

Crusade, he left his mother to reign in his stead confident that all

would go well. If one needed a demonstration that women can rule well

there is an excellent example in the life of Blanche.

Personally she seems to have had not only an amiable but a deeply

intellectual character. She encouraged education and beautiful

book-making and the Gothic architecture which was developing in France

so wonderfully during her period. Of course she also worshipped her

boy Louis, but how much her motherly tenderness was tempered with the

most beautiful Christian feeling can be understood from the famous

expression attributed to her on good authority, that she "would rather

see her boy dead at her feet, than have him commit a mortal offense

against his God or his neighbor." One might almost say that it is no

wonder that Louis became a saint. As a matter of fact he attributed to

his mother whatever of goodness there was in himself. There is a touch

of humanity in the picture, however, a trait that shows, that Blanche

was a woman, {327} though it is a fault which draws our sympathy to

her even more surely than if she were the type of perfection she might

have been without it. She did not get on well with her daughter-in-law

and one of the trials of Louis' life, as we have said, was to keep the

scales evenly balanced between his mother and his wife, both of whom

he loved very dearly. After Blanche's life there could be no doubt

that a woman, when given the opportunity, can manage men and

administer government quite as well as any masculine member of the

race, and the Thirteenth Century had given another example of its

power to bring out what was best in its fortunate children.

One of the most interesting women of the Thirteenth Century was

neither a Saint nor a member of the nobility, but only the wife of a

simple London merchant. This was Mabel Rich, the mother of Saint

Edmund of Canterbury. Edmund is one of the striking men of a supreme

century. He had been a student at Paris, and later a professor at

Oxford. Then, he became the treasurer of the Cathedral at Salisbury

about the time when, not a little through his influence, that

magnificent edifice was receiving the form which was to make it one of

the world's great churches for all time. Later he was the Archbishop

of Canterbury and while defending the rights of his church and his

people, came under the ban of Henry III, and spent most of the latter

years of his life in exile on the continent. Edmund insisted that he

owed more to his mother than to any other single factor in life. With

her two boys, aged ten and fourteen, Mabel Rich was left to care for

the worldly concerns of the household as well as for their education.

When they were twelve and sixteen, with many misgivings she sent them

off to the University of Paris to get their education. Edmund tells

how besides packing their linen very carefully she also packed a

hairshirt for each of them, which they were to wear occasionally

according to their promise to her, to remind them that they must not

look for ease and comfort in life, above all must not yield to sensual

pleasures, but must be ready to suffer many little troubles

voluntarily, in order that they might be able to resist temptation

when severer trials came. Mabel Rich believed in discipline, as a

factor in education, and thought that character was formed by habits

of fortitude in resisting {328} petty annoyances until, finally, even

serious troubles were easy to bear.

Both of her sons proved worthy of her maternal solicitude. Edmund

tells how the poor around her home in London blessed her for her

charity. All during his life the thought of his mother was uppermost

in his mind, and in the immortality that has been given his name,

because of the utter forgetfulness of self which characterized his

life, his mother has been associated. Unfortunately details are

lacking that would show us something of the manner of living of this

strong woman of the people, but we know enough to make us realize that

she was a fine type of the Christian mother, memory of whose goodness

means more not only for her children but for all those who come in

contact with her, than all the sermons and pious exhortations that

they hear, and often, such is the way of human nature, even than the

divine commandments or the personal conscience of those whom she

loves.

There were noble women among the gentlewomen of England at this time

too, and though space will not let us dwell on them, at least one must

be mentioned. This is the famous Isabella, Countess of Arundel, who

with a dignity which, Matthew Paris says, was more than that of woman,

reproached Henry III (1252), when he sought to browbeat her. She made

bold to tell the king, "You govern neither us nor yourself well." On

this the king, with a sneer and a grin, said with a loud voice, "Ho,

ho, my lady countess, have the noblemen of England granted you a

charter and struck a bargain with you to become their spokeswoman

because of your eloquence?" She answered, "My liege, the nobles have

made no charter, but you and your father have made a charter, and you

have sworn to observe it inviolably, and yet many times have you

extorted money from your subjects and have not kept your word. Where

are the liberties of England, often reduced to writing, so often

granted, so often again denied?" [Footnote 27]

[Footnote 27: Medieval England, English Feudal Society, from the

Norman Conquest to the Middle of the Fourteenth Century, by Mary

Bateson.]

The question of womanly occupations apart from their household duties

will be of great interest to our generation.

{opp328}

[Illustration]

MARRIAGE OF THE BLESSED VIRGIN (GIOTTO, PADUA)

A hint of one form of woman's occupation has already been {329} given

in discussing the needlework done for the Cathedrals and especially

the Cope of Ascoli. It must not be forgotten that this was the age not

alone of Cathedrals but also of monasteries and of convents. In all of

these convents every effort was made to have whatever was associated

with the religious ceremonial as beautiful as possible. Hence it was

that needlework rose to a height of accomplishment such as has never

been reached since according to the best authorities, and many

examples of it have come down to us to confirm such an opinion. This

needlework was done not only for religious purposes, however, but also

as presents for Kings and Queens and the nobility, and such presents

proved to be exemplars of artistic beauty that must have helped to

raise the taste of the time. This was essentially woman's work, and in

their distant castles the women of the households of the nobility

occupied themselves with it to much better effect than their sisters

of the modern time with the grievous burden of their so-called social

duties.

Miss Bateson [Footnote 28: Ibidem.] has given a pretty, yet piquant

picture of woman at these occupations. She says:--"There are not

wanting Thirteenth Century satires to tell the usual story of female

levities, and of female devotion to the needle, to German work and

pierced work, Saracen work and combed work, cutout work and wool-work,

and a multitude of other "works" to which the clue seems to be now

wholly lost. Whilst the women are thus engaged, the one who knows most

reads to them, the others listen attentively, and do not sleep as they

do at mass, 'pur la prise de vanite dont ont grant leesce (joy).' The

'opus anglicum' consisted of chain-stitch in circles, with hollows,

made by a heated iron rod, to represent shadows. A cope of this work

was made by Rose de Burford at Edward II's order, and sent to Rome.

One, known as the Syon cope, passed into the possession of the nuns of

Syon, Isleworth, and can be seen at the Victoria and Albert Museum."

Another form of woman's work that came to prominence during the

century was the service in hospitals. While the records of the

hospitals of the Holy Ghost, which under Innocent Third's fostering

care spread so widely throughout Europe in this century, are mainly

occupied with the institutions of {330} the Brothers of the Holy

Ghost, there were many hospitals under the care of women, and indeed

there was an almost universally accepted idea, that women patients and

obstetrical cases should be cared for by women rather than men. It is

easy to make little of the hospitals of this time but any such thought

will be the result of ignorance rather than of any serious attempt to

know what was actually accomplished. The sisters' hospitals soon

usurped the most prominent place in the life of the time and during

succeeding centuries gradually replaced those which had been

originally under the control of men. It was recognized that nursing

was a much more suitable occupation for the gentler sex and that there

were many less abuses than when men were employed. The success of

these hospitals in gradually eradicating leprosy and in keeping down

the death-rate from St. Anthony's fire, or erysipelas, shows how

capable they were of accomplishing great humanitarian work.

Perhaps the most interesting feature of the story of woman's position

during the Thirteenth Century is that at the Italian universities at

least, co-education was not only admitted in principle but also in

practice, and many women were in attendance at the universities. In

the West of Europe this feature did not exist. It is a startling

comment on how comparatively trivial a thing may change the course of

history, that the lamentable Heloise and Abelard incident at the

University of Paris during the Twelfth Century, precluded all

subsequent possibility of the admission of women students to the

University of Paris. Oxford, it will be remembered, was formed by the

withdrawal of students from the University of Paris, and the same

tradition was maintained. Cambridge was a grand-daughter of the

University of Paris and the French and Spanish universities must all

be considered as standing in the relation of its direct descendants.

The unfortunate experience at Paris shaped the policy as to the

co-education of the sexes for all these. It would have been too much

to expect that university authorities would take the risks which had

been so clearly demonstrated even with regard to a distinguished

professor, and so co-education was excluded.

It is not easy to say what proportion of women there were {331} in

attendance at the university of Bologna during the Thirteenth Century.

Apparently it should not be difficult to take the lists of the

matriculates as far as they have been preserved and by a little

calculation obtain rather exact figures. Italy, like most of the Latin

countries, differs from the Teutonic regions in not being quite so

exact in the distribution of names to the different sexes, that the

first name inevitably determines whether the individual is male or

female. It is not an unusual thing even at the present day for a man

to have as a first name in Italy, or France, or Spain, the equivalent

of our name Mary. On the other hand, not a few girls are called by

men's names and without the feminine termination which is so

distinctive among the English speaking peoples. In the olden times

this was still more the case. Until very recently at least, if not

now, every child born in Venice was given two names at its

baptism--Maria and Giovanni--in honor of the two great patron saints

of the city and then the parents might add further names if they so

desired. A matriculation list of the University of Bologna then, tells

very little that is absolute with regard to the sex of the

matriculates.

All that we know for sure is that there were women students at the

University of Bologna apparently from the beginning of the Thirteenth

Century, and that some of them secured the distinction of being made

Professors. Of one of these there is a pretty legend told, which seems

to illustrate the fact that charming young women of profound

intellectual qualities did not lose the characteristic modesty and

thoughtfulness for others of their sex, because of their elevation to

university professorship. This young woman, Maria di Novella, when

only twenty-five became the Professor of mathematics at the University

of Bologna. According to tradition she was very pretty and as is usual

in life was not unaware of that happy accident. She feared that her

good looks might disturb the thoughts of her students during her

lessons and accordingly she delivered her lectures from behind a

curtain. The story may, of course, be only a myth. One of the best

woman educators that I know once said to me, that if the tradition

with regard to her beauty were true, then she doubted the rest of the

story, but then women are not always the best judges of the {332}

actions of other women and especially is this true when there is

question of a grave and learned elderly woman passing judgment on a

young and handsome professor of mathematics.

The Italians became so much impressed with the advisability of

permitting women to study at the universities, that a certain amount

of co-education has existed all down the centuries in Italy and not a

century has passed since the Thirteenth, which has not chronicled the

presence of at least one distinguished woman professor at some Italian

university. Indeed it was doubtless the traditional position of

tolerance in this matter that made it seem quite natural for women,

when the Renaissance period came around, to take their places beside

their brothers and their cousins in the schools where the new learning

was being taught.

It may be rather difficult for some to understand how with this

opening wedge for the higher education of women well placed, the real

opportunity for widespread feminine education should only have come in

our own time. This last idea, however, which would represent ours as

the only generation which has given women adequate opportunities for

intellectual development, is one of those self-complacent bits of

flattery of ourselves and our own period that is so irritatingly

characteristic of recent times. There have been at least three times

in the world's history before our own when as many women as wanted

them, in the class most interested in educational matters, were given

the opportunities for the higher education. As a matter of fact

whenever there have been novelties introduced into educational

systems, women have demanded and quite naturally--since, "What a good

woman wants," said a modern saint, "is the will of God"--have obtained

the privilege of sharing the educational opportunities of the time.

This was true in Charlemagne's time when the women of the court

attended the lectures in the traveling palace school the great Charles

founded and fostered. It was true four centuries later, as we have

seen, when a great change in educational methods was introduced with

the foundation of the universities. It was exemplified again when the

"New Learning" came in and the study of the classics took the place of

the long hours spent in scholastic disputation, that had previously

occupied {333} so much university attention. In our own time it was

the introduction of the study of the social sciences particularly,

with the consequent appearance of many novelties in the educational

curriculum, that once more was the signal for women asking and quite

naturally obtaining educational privileges.

{opp333}

[Illustration]

MOSAIC (ST. MARK'S, VENICE, 1220)

Each of the previous experiences in the matter of feminine education

has been followed by a considerable period during which there was a

distinct incuriousness on the part of women in educational matters. Of

course that is only an analogy and though history is worth studying,

only because the lessons of the past are the warnings of the future,

yet this does not foretell a lessening of feminine interest in

educational matters, after a few generations of experience of its

vanity to make up to them for the precious special privileges of their

nature, the proper enjoyment and exercise of which it is so likely to

hamper. It would be interesting to know just why feminine education,

after a period of efflorescence during the Thirteenth Century,

retrograded during the next century. There have been some ungallant

explanations offered, which we mention merely because of their

historical interest but without any hint of their having any real

significance in the matter.

A distinguished German educational authority has called attention to

the fact that a well-known prepared food, for which Bologna is famous,

is first heard of about the time that the higher education for women

came into vogue at the Italian universities. Towards the end of the

same century a special kind of pudding, since bearing the name of its

native city, Bologna, which might very well have taken the place of an

ordinary dessert, also began to come into prominence. This German

writer suggests then, that possibly the serving of meals consisting of

these forms of prepared food, which did not require much household

drudgery and did not necessitate the bending over the kitchen range or

whatever took its place in those days, may have led the men to grumble

about the effects of the higher education. After all, he adds, though

the women get whatever they want, when they ask for it seriously, if

it proves after a time that the men do not want them to have it, then

women lose interest and care for it no longer. This, of course, must

be taken with the proverbial grain of salt, though it {334}

illustrates certain phases of the domestic life of the time as well as

affording a possible glimpse into the inner circle of the family life.

The real story of woman's intellectual position in the century is to

be found in its literature. How deep was the general culture of the

women of the Thirteenth Century, in Italy at least, can be judged from

the Sonnets of Dante and his friends to their loved ones at the end of

this century. Some of the most beautiful poetry that was ever written

was inspired by these women and like the law of hydrostatics, it is

one of the rules of the history of poetry, that inspiration never

rises higher than its source and that poetry addressed to women is

always the best index of the estimation in which they are held, the

reflection of the highest qualities of the objects to which it is

addressed. Anyone who reads certain of the sonnets of Dante, or of his

friends Guido Cavalcanti or Gino da Pistoia or Dante da Maiano, will

find ready assurance of the high state of culture and of intellectual

refinement that must have existed among the women to whom they were

dedicated. This same form of reasoning will apply also with regard to

the women of the South of France to whom the Troubadours addressed

their poetry; to those of the north of France who were greeted by the

Trouveres; and those of the south of Germany for whom the Minnesingers

tuned their lyres and invoked the Muses to enable them to sing their

praises properly. It would seem sometimes to be forgotten that poetry

generally is written much more for women than for men. Everyone

realizes that for one man who has read Tennyson's "Idyls of the King"

there are probably five women to whom they have been a source of

delight. When we think of the Thirteenth Century as not affording

opportunities of intellectual culture for its women, we should ask

ourselves where then did the Meistersingers and the poets of England,

Germany and France who told their romantic tales in verse find an

audience, if it was not among the women. The stories selected by the

Meistersingers are just those which proved so popular to feminine

readers of Tennyson in the Nineteenth Century, and the chosen subjects

of interest in the stories show that men and women have not changed

much during the intervening centuries. The literature of any {335}

period reflects the interest of the women in it and, as interest is

itself an index of intellectual development, Thirteenth Century

literature must be taken as the vivid reflection of the cultural

character of the women of the time, and this is of itself the highest

possible tribute to their intelligence and education.

On the other hand the best possible testimony to the estimation of

women during the Thirteenth Century, is to be found in the attitude of

the men of the generations towards them, as it is clearly to be seen

in the literature of the time. In the Holy Graal, the Cid, the

Minnesingers and the Meistersingers, woman occupies the higher place

in life and it is recognized that she is the highest incentive to

good, unfortunately also sometimes to evil, but always the best reward

that men can have for their exertions in a great cause. The supreme

tribute to woman comes at the end of the century in Dante's apotheosis

of her in the Divine Comedy. In this it is a woman who inspires, a

woman who leads, a woman who is the reward of man's aspirations, and

though the symbolism may be traced to philosophy, the influence of an

actual woman in it all is sure beyond all doubt. Nor must it be

thought that it was merely in this highest flight of his imagination

that this greatest of poets expressed such lofty sentiments with

regard to women. Anyone who thinks this does not know Dante's minor

poems, which contain to women in the flesh and above all to one of

them, the most wonderful tributes that have ever been paid to woman.

Take this one of his sonnets for instance.

So gentle and so fair she seems to be.

My Lady, when she others doth salute,

That every tongue becomes, all trembling, mute,

And every eye is half afraid to see;

She goes her way and hears men's praises free.

Clothed in a garb of kindness, meek and low.

And seems as if from heaven she came, to show

Upon the earth a wondrous mystery:

To one who looks on her she seems so kind,

That through the eye a sweetness fills the heart,

Which only he can know who doth it try.

{336}

And through her face there breatheth from her mind

A spirit sweet and full of Love's true art,

Which to the soul saith, as it cometh, "Sigh."

It will be noted that though this contains the highest possible praise

of the woman whom he loved, it has not a single reference to any of

her physical perfections, or indeed to any of those charms that poets

usually sing. We have already called attention to this, that it is not

the beauty of her face or her figure that has attracted him, but the

charm of her character, which all others must admire--which even women

do not envy, it is so beautiful--that constitutes the supreme reason

for Dante's admiration. Nor must it be thought that this is a unique

example of Dante's attitude in this matter; on the contrary, it is the

constant type of his expression of feeling. The succeeding sonnet in

his collection is probably quite as beautiful as the first quoted, and

yet is couched in similar terms. It will be found in the chapter on

Dante the Poet. Need we say more to prove that the women of the

century were worthy of the men and of the supreme time in which they

lived; that they were the fit intellectual companions of perhaps the

greatest generation of men that ever lived?

[Illustration]

STONE CARVING (AMIENS)

{337}

XXI

CITY HOSPITALS--ORGANIZED CHARITY.

While the Thirteenth Century was engaged in solving the problems of

the higher education and of technical education for the masses, and

was occupied so successfully, as we have seen, with the questions of

the rights of man and the development of law and of liberty, other and

more directly social and humanitarian works were not neglected. There

had been hospitals in existence from even before the Christian era,

but they had been intended rather for the chronic ailments and as the

name implies, for the furnishing of hospitality to strangers and

others who had for the time no habitation, than for the care of the

acutely ill. In the country places there was a larger Christian

charity which led people to care even for the stranger, and there was

a sense of human duty that was much more binding than in the modern

world. The acutely ill were not infrequently taken into the houses of

even those who did not know them, and cared for with a solicitude

difficult to understand in this, colder time. This was not so much

typical of the times, however, as of the social conditions, since we

have many stories of such events in our colonial days.

In the cities, however, which began more and more to be a feature of

life in the Thirteenth Century, though they counted their inhabitants

only by a few thousands where ours count them by hundreds of

thousands, the need of some other method of caring for such cases made

itself distinctly felt. At the end of the Twelfth and the beginning of

the Thirteenth centuries this need became demandingly manifest, and

the consequence was a movement that proved to be of great and

far-reaching practical benevolence. It is to the first Pope of the

Thirteenth Century, Innocent III., that we owe the modern city

hospital as we have it at the present time, with its main purpose to

care for the acutely ill who may have no one to take care of them

properly, as well as for those who have been injured or {338} who have

been picked up on the street and whose friends are not in a position

to care for them.

The deliberateness with which Innocent III. set about the

establishment of the mother city hospital of the world, is a striking

characteristic of the genius of the man and an excellent illustration

of the practical character of the century of which he is so thoroughly

representative.

Pope Innocent recognized the necessity for the existence of a city

hospital in Rome and by inquiry determined that the model hospital for

this purpose existed down at Montpelier in connection with the famous

medical school of the university there. Montpelier had succeeded to

the heritage of the distinguished reputation in medical matters which

had been enjoyed by Salernum, not far from Naples, during the Ninth,

Tenth, and Eleventh centuries. The shores of the Mediterranean have

always been recognized as possessing a climate especially suitable for

invalids and with the diminution of the influence of the Salernitan

school, a transfer of its prestige to Montpelier, where the close

relationship with Spain had given the medical schools the advantage of

intimate contact with the medicine of the Arabs, is not a matter of

surprise. At Montpelier the hospital arrangements made by Guy de

Montpelier were especially efficient. The hospital of which he had

charge was under the care of the members of the order of the Holy

Spirit.

Pope Innocent summoned Guy, or Guido as he was known after this, to

Rome and founded for him the hospital of the Holy Spirit in the Borgo,

not far from St. Peter's, where it still exists. This was the mother

and model hospital for the world. Visitors to Rome saw it, and could

not fail to admire its great humanitarian work. Bishops from all over

the world on their official visits to the head of the Church, admired

the policy under which the hospital was conducted, recognized the

interest of the Pope in it, and went back to their homes to organize

institutions of the same kind. How many of these were established in

various parts of Europe is hard to determine. Virchow in his History

of the Foundations of the German Hospitals, has a list of over one

hundred towns in Germany in which hospitals of the Holy Spirit, or

medical institutions modeled on this hospital at Rome were founded.

{339} Many of these towns were comparatively small. Most of them

contained at the time less than five thousand inhabitants, so that it

can be said without hesitation, that practically every town of any

importance, at least in Germany, came under the influence of this

great philanthropic hospital movement.

With regard to other countries, it is more difficult to determine the

number of places in which such institutions were established. As both

France and Italy were, however, much more closely in touch with the

Holy See at this time, it would be surprising if they had not been

affected as much as Germany by the Pope's enthusiasm in the matter. We

do know that in various large cities, as in Florence, Siena, Paris and

London, there was a development of existing hospitals and the

establishment of new ones, that points to a distinct community of

interest in the hospital movement. At Paris, the Hotel Dieu was moved

from the Petit Pont, where it had been, to its present situation and

received large extensions in size and in usefulness. It was at this

time, particularly, that it received donations for endowment purposes

that would enable it to be self-supporting. A number of bequests of

property, the rent of which was to be paid to the hospital, were made,

and the details of some of these bequests have an interest of their

own. Houses were not numbered at this time but were distinguished by

various signs, usually figures of different kinds that formed part of

their facade. The Hotel Dieu acquired the houses with the image of St.

Louis, with the sign of the golden lion of Flanders, with the image of

the butterfly, with the group of the three monkeys, with the image of

the wolf, with the image of the iron lion, with the cross of gold,

with the chimneys, etc. The Hotel Dieu, indeed, seems to have become

practically a fully endowed institution during the course of the

Thirteenth Century, for there are apparently no records of special

revenues voted by the city or the king, though there are such records

with regard to other places. For instance the Hospital of St. Louis

received the right to collect a special tax on all the salt that came

into the city.

In England the hospital movement during the Thirteenth Century is

evidently quite as active as in Germany, at least as far as the

records go. These refer mainly to London and show {340} that the

influence of the work of Innocent III. and his enthusiasm was felt in

the English capital. The famous St. Bartholomew's Hospital in London

had been a Priory founded at the beginning of the Twelfth Century,

which took care of the poor and the ailing, but at the beginning of

the Thirteenth Century it became more frankly a hospital in the modern

sense of the word. St. Thomas' Hospital, which remains to the present

day one of the great medical institutions of London, was founded by

Richard, Prior of Bermondsey, in 1213. Bethlehem or Bedlam, which

afterwards became a hospital for the insane, was founded about the

middle of the Thirteenth Century. The name Bedlam is a corruption of

Bethlehem, since adopted into the English language to express a place

where fools do congregate. Bridewell and Christ's Hospital, which were

the other two of the institutions long known as the five Royal

Hospitals of London, also seem either to have been founded, or to have

received a great stimulus and reorganization in the Thirteenth

Century, but both ceased after some time to be places for the

reception, of the ailing and became, one of them a prison and the

other a school.

The names of some of these institutions became associated with that of

Edward VI. about the middle of the Sixteenth Century. For this,

however, there was no proper justification, since, at most, all that

was accomplished within the reign of the boy king, was the

reestablishment of institutions formerly in existence which had been

confiscated under the laws of Henry VIII., but the necessity for whose

existence had been made very clear, because of the suffering entailed

upon the many ailing poor by the fact, that in their absence there was

nowhere for them to go to be cared for. As Gairdner points out in his

History of the English Church in the Sixteenth Century, "Edward has

left a name in connection with charities and education which critical

scholars find to be little justified by fact." The supposed foundation

of St. Thomas' Hospital was only the reestablishment of this

institution, and even when it was granted by him to the citizens of

London, this was not, as Gairdner says, "without their paying for it."

How much all this hospital movement owes to Innocent III. will be best

appreciated from Virchow's account of the German {341} hospitals, the

great German Scientist not being one of those at all likely to

exaggerate, the beneficent influence of the Popes, he says:

"The main cause decisive in influencing and arousing interest of the

people of the time in the hospitals of the Holy Ghost was the Papal

enthusiasm in the matter. The beginning of their history is

connected with the name of that Pope, who made the boldest and

farthest-reaching attempt to gather the sum of human interest into

the organization of the Catholic Church. The hospitals of the Holy

Ghost were one of the many means by which Innocent III. thought to

bind humanity to the Holy See. And surely it was one of the most

effective. Was it not calculated to create the most profound

impression, to see how the mighty Pope who humbled emperors and

deposed kings, who was the unrelenting adversary of the Albigenses,

turned his eyes sympathetically upon the poor and sick, sought the

helpless and the neglected on the streets, and saved the

illegitimate children from death in the waters. There is something

conciliating and fascinating in the fact that at the very same time

at which the Fourth Crusade was inaugurated through his influence,

the thought of founding a great organization of an essentially

humane character to extend throughout all Christendom, was also

taking form in his soul; and that in the same year (1204) in which

the new Latin Empire was founded in Constantinople, the newly

erected hospital of the Santo Spirito, by the Old Bridge across the

Tiber, was blessed and dedicated as the future center of this

universal humanitarian organization."

{opp341}

[Illustration]

HOSPITAL OF THE HOLY GHOST (LUeBECK)

Virchow, of course, considers Innocent's action as due to the entirely

interested motive of binding the Catholic world to the Holy See.

Others, however, who have studied Innocent's life even more

profoundly, have not considered his purpose as due to any such mean

motive. Hurter who wrote a history of Pope Innocent III., the

researches for which he began as a Protestant with the idea that in

the life of this Pope better than anywhere else the pretensions of the

papacy could be most effectively exposed, but who was so taken by the

character of the man that before he completed his history he had

become a Catholic, looks at it in a very different way. Even Virchow

himself quotes {342} Hurter's opinion, though not without taking some

exceptions to it. Hurter said with regard to charitable foundations in

his history of Pope Innocent III.: "All benevolent institutions which

the human race still enjoys, all care for the deserted and needy

through every stage of suffering from the first moment of birth to the

return of the material part to earth, have had their origin in the

church. Some of them directly, some of them indirectly through the

sentiments and feelings which she aroused, strengthened and vivified

into action. The church supplied for them the model and sometimes even

the resources; that these great humanitarian needs were not neglected

and their remedies not lacking in any respect is essentially due to

her influence upon human character."

With regard to this Virchow says that hospitals had existed among the

Arabs and among the Buddhists in the distant East, "nevertheless," he

adds, "it may be recognized and admitted, that it was reserved for the

Roman Catholic Church and above all for Innocent III., to establish

institutions for the care of those suffering from diseases."

A corresponding hospital movement that received considerable attention

within the Thirteenth Century was the erection of Leproseries or

hospitals for the care of lepers. Leprosy had become quite common in

Europe during the Middle Ages, and the contact of the West with the

East during the Crusades had brought about a notable increase of the

disease. It is not definitely known how much of what was called

leprosy at that time really belonged to the specific disease now known

as lepra. There is no doubt that many affections which have since come

to be considered as quite harmless and non-contagious, were included

under the designation leprosy by the populace and even by physicians

incapable as yet of making a proper differential diagnosis. Probably

severe cases of eczema and other chronic skin diseases, especially

when complicated by the results of wrongly directed treatment or of

lack of cleansing, were sometimes pronounced to be leprosy. Certain of

the severer forms of what is now known as psoriasis--a non-contagious

skin disease--running a very slow course and sometimes extremely

obstinate to treatment, were almost surely included under the

diagnosis of leprosy. Personally I have seen {343} in the General

Hospital in Vienna, a patient who had for many months been compelled

by the villagers among whom he lived to confine himself to his

dwelling, sustained by food that was thrown into him at the window by

the neighbors who were fearful of the contagiousness of his skin

disease, yet he was suffering from only a very neglected case of

psoriasis.

There is no doubt, however, of the existence of actual leprosy in many

of the towns of the West from the Twelfth to the Fifteenth centuries,

and the erection of these special hospitals proved the best possible

prophylactic against the further spread of the disease. Leprosy is

contagious, but only mildly so. Years of association with lepers may

and usually does bring about the communication of the disease to those

around them, especially if they do not exercise rather carefully

certain precise precautions as to cleanliness, after personal contact

or after the handling of things which have previously been in the

leper's possession. As the result of the existence of these houses of

segregation, leprosy disappeared during the course of the next three

centuries and thus a great hygienic triumph was obtained by sanitary

regulation.

This successful hygienic and sanitary work, which brought about

practically the complete obliteration of leprosy in the Middle Ages,

furnished the first example of the possibility of eradicating a

disease that had become a scourge to mankind. That this should have

been accomplished by a movement that had its greatest source in the

Thirteenth Century, is all the more surprising, since we are usually

accustomed to think of the people of those times, as sadly lacking in

any interest in sanitary matters. The significance of the success of

the segregation movement was lost upon men down almost to our own

time. This was, however, because it was considered that most of the

epidemic diseases were conveyed by the air. They were thought

infectious and due to a climatic condition rather than to contagion,

that is conveyed by actual contact with the person having the disease

or something that had touched him, which is the view now held. With

the beginning of the crusade against tuberculosis in the latter part

of the Nineteenth Century, however, the most encouraging factor for

those engaged in it, was the history of the success of segregation

methods and careful {344} prevention of the spread of the disease

which had been pursued against leprosy. In a word the lessons in

sanitation and prophylaxis of the Thirteenth Century are only now

bearing fruit, because the intervening centuries did not have

sufficient knowledge to realize their import and take advantage of

them.

Pope Innocent III. was not the only occupant of the papal throne whose

name deserves to be remembered with benedictions in connection with

the hospital movement of the Thirteenth Century. His successors took

up the work of encouragement where he had left it at his death and did

much to bring about the successful accomplishment of his intentions in

even wider spheres. Honorius III. is distinguished by having made into

an order the Antonine Congregation of Vienna, which was especially

devoted to the care of patients suffering from the holy fire and from

various mutilations. The disease known as the holy fire seems to have

been what is called in modern times erysipelas. During the Middle Ages

it received various titles such as St. Anthony's fire, St. Francis'

fire, and the like, the latter part of the designation evidently being

due to the intense redness which characterizes the disease, and which

can be compared to nothing better than the erythema consequent upon a

rather severe burn. This affection was a great deal commoner in the

Middle Ages than in later times, though it must not be forgotten that

its disappearance has come mainly in the last twenty-five years.

It is now known to be a contagious disease and indeed, as Oliver

Wendell Holmes pointed out over half a century ago, may readily be

carried from place to place by the physician in attendance. It does

not always manifest itself as erysipelas when thus carried, however,

and the merit of Dr. Holmes' work was in pointing out the fact that

physicians who attended patients suffering from erysipelas and then

waited on obstetrical cases, were especially likely to carry the

infection which manifested itself as puerperal fever. A number of

cases of this kind were reported and discussed by him, and there is no

doubt that his warning served to save many precious lives.

Of course nothing was known of this in the Thirteenth Century, yet the

encouragement given to this religious order, which devoted itself

practically exclusively to the care in special {345} hospitals of

erysipelas, must have had not a little effect in bringing about a

limitation of the spread of the disease. In such hospitals patients

were not likely to come in contact with many persons and consequently

the contagion-radius of the disease was limited. In our own time

immediate segregation of cases when discovered has practically

eradicated it, so that many a young physician, even though ten years

in practise, has never seen a case of it. It was so common in America

during the Civil War and for half a century prior thereto, that there

were frequent epidemics of it in hospitals and it was generally

recognized that the disease was so contagious that when it once gained

a foothold in a hospital, nearly every patient suffering from an open

wound was likely to be affected by it.

It is interesting then to learn that these people of the Middle Ages

attempted to control the disease by erecting special hospitals for it,

though unfortunately we are not in a position to know just how much

was accomplished by these means. A congregation devoted to the special

care of the disease had been organized, as we have said, early in the

Thirteenth Century. At the end of this century this was given the full

weight of his amplest approval by Pope Boniface VIII., who conferred

on it the privilege of having priests among its members. It will be

remembered that Pope Boniface VIII. is said to have issued the Bull

which forbade the practise of dissection. The decretal in question,

however, which was not a Bull, only regulated, as I have shown, the

abuse which had sprung up of dismembering bodies and boiling them in

order to be able to carry them to a distance for burial, and was in

itself an excellent hygienic measure.

Many orders for the care of special needs of humanity were established

during the Thirteenth Century. It is from this period that most of the

religious habits worn by women originate. These used to be considered

rather cumbersome for such a serious work as the nursing and care of

the sick, but in recent years quite a different view has been taken.

The covering of the head, for instance, and the shearing of the hair

must have been of distinct value in preventing communication of

certain diseases. There has been a curious assimilation in the last

few years, of the dress required to be worn by nurses in operating

{346} rooms to that worn by most of the religious communities. The

head must be completely covered, and the garments worn are of material

that can be washed. It will be recalled that the headdresses of

religious, being as a rule of spotless white, must be renewed

frequently and therefore must be kept in a condition of what is

practically surgical cleanliness. While this was not at all the

intention of those who adopted the particular style of headdress worn

by religious, yet their choice has proved, in what may well be

considered a Providential way, to be an excellent protective for the

patients against certain dangers that would inevitably have been

present, if their dress had been the ordinary one of the women of

their class during these many centuries of hospital nursing by

religious women.

The organization of charity is supposed to be a feature of social life

that was reserved for these modern times. A subsequent chapter on

Democracy, Christian Socialism and National Patriotism, shows how

false this notion is from one standpoint; a little additional

interpretation will show that the generations which organized the

hospitals, took care of the lepers in such a way as to prevent their

becoming sources of infection for others, and segregated such severe

contagious diseases as erysipelas, not only knew how to organize

charitable efforts, but were able to accomplish their purposes in this

matter in such a way, that the friction of the charity organization

itself absorbed as little as possible of the beneficent energy put

into it, and much less than is the case in our own time. Besides the

monasteries were really active centers of charity organization of the

most practical character. They not only gave to the people when their

necessities required it, but they were active employers of labor and

in times of scarcity constantly made large sacrifices in order to keep

their people employed, and even the community itself went on short

rations in order that the suffering in the neighborhood might not be

extreme. In times of prosperity there were, no doubt, abuses in

monasteries, but no one ever accused them of neglecting the poor

during times of famine.

While the Thirteenth Century was so intent upon the relief of the

social needs consequent upon illness and injury, it did not neglect

other forms of social endeavor. One of the crying {347} evils of the

Thirteenth Century was the fact that mariners and merchants, as well

as pilgrims to the Holy Land, were not infrequently captured by

corsairs from the northern coast of Africa, and sold into slavery. At

times, if there was hope of a very large ransom, news of the condition

of these poor victims might find its way to their homes. As a rule,

however, they were as much lost to family and friends as if they had

actually been swallowed up by the sea, which was usually concluded to

have been their fate. The hardships thus endured and the utter

helplessness of their conditions made them fitting subjects for

special social effort. The institution which was to provide relief for

this sad state of affairs had its rise in a typically Thirteenth

Century way--what, doubtless, the modern world would be apt to think

of as characteristically medieval--but the result achieved was as

good an example of practical benevolence as has ever been effected in

the most matter-of-fact of centuries.

{opp347}

[Illustration]

CHARITY (GIOTTO)

[Illustration]

FORTITUDE (GIOTTO)

[Illustration]

HOPE (GIOTTO)

Shortly after the beginning of the Thirteenth Century two very

intelligent men, whose friends honored them very much for the

saintliness of their lives--meaning by saintliness not only their

piety but their thoughtfulness for others before themselves--had a

dream in which they saw poor captives held in slavery and asking for

some one out of Christian charity to come and ransom them. One of

these men was John of Matha, a distinguished teacher of Theology at

the University of Paris. The other was Felix of Valois, more

distinguished for his piety than his learning, but by no means an

ignorant man. On the same night, though living at a distance from one

another, they had this identical dream. Having told it next day to

some friends, it happened that after a time it came to their mutual

knowledge that the other had had a similar vision. The circumstance

seemed so striking to them that they applied to the Pope for an

interpretation of it. The Pope, who was Innocent III., the founder of

city hospitals, saw in it a magnificent opportunity for the foundation

of another great Christian charity.

Accordingly in interpreting it, he directed their thoughts toward the

redemption of Christian captives taken by the Saracens. He has as a

consequence been regarded as the founder of the order of Trinitarians

(A. D. 1198), and did, in {348} fact, draft its Rule. It was called,

from its object, Ordo de Redemptione Captivorum, (Order for the

Redemption of Captives), but its members were more generally known as

Trinitarians. They wore a white habit, having a red and blue cross on

the breast. They were well received in France, where they had

originated, were the recipients of large sums of money to be devoted

to the objects of the order, and had large accessions to their number,

among whom were many distinguished by ability and profound learning.

In the year 1200 the first company of ransomed captives arrived from

Morocco, and one may easily imagine their joy on again regaining their

freedom and beholding once more their friends and native land.

The members of this order were sometimes called Mathurins, from the

title of the first church occupied by them in Paris. They spread

rapidly in Southern France, through Spain, Italy, England, Saxony, and

Hungary, and foundations of a similar kind were also opened for women.

Cerfroid, in the diocese of Meaux, where the first house of the order

was opened, became the residence of the General (minister generalis).

There was a fine field for their labors in Spain, where the Moors were

constantly at war with the Christians. The self-sacrificing spirit of

these religious, which led them to incur almost any dangers in the

accomplishment of their purpose, was only equaled by their zeal in

arousing interest for the poor captives. They became the accredited

agents for the ransoming of prisoners, and also for their exchange and

even the Mahometans learned to trust and eventually to reverence them.

When they could not ransom at once they thus succeeded in ameliorating

the conditions in which slave prisoners were kept, and proved a great

source of consolation to them.

Another order, having the same object in view but differing somewhat

in its constitution, was founded in 1218, by Peter of Nolasco, a

distinguished Frenchman, and Raymond of Pennafort the famous authority

on canon law. In this, too, medieval supernaturalism evolved the usual

practical results. In consequence of a vision, the order was placed

under the special protection of the Blessed Virgin, and called the

Order of the Blessed Virgin of Mercy (Ordo. B. Mariae de Mercede). Its

{349} members bound themselves by vow to give their fortunes and to

serve as soldiers in the cause. Their devotion was so ardent that for

the accomplishment of their purpose they vowed if necessary to make a

sacrifice of their very persons, as Peter actually did in Africa, for

the redemption of Christian captives. Hence their members were divided

into Knights who wore a white uniform, and Brothers, who took orders

and provided for the spiritual wants of the community. Gregory IX.,

admiring the heroic devotion of these intrepid men, approved the

order. Many thousands of captive Christians who would otherwise have

dragged out a miserable existence as slaves among the Mahometans of

North Africa, were thus rescued and restored to their families and a

life of freedom and happiness in Europe. This was a fine practical

example of Abolitionism worthy of study and admiration.

[Illustration]

HOSPITAL INTERIOR

{350}

XXII

GREAT ORIGINS IN LAW.

Perhaps the most surprising phase of Thirteenth Century history is

that much of what is most valued and most valuable in our modern laws,

especially as they concern the fundamental rights of man, is to be

found clearly expressed in the great lawmaking of the Thirteenth

Century. It can scarcely fail to astonish those who look upon the

Middle Ages as hopelessly barren in progress, to find that human

liberty in its development reached such a pass before the end of the

Middle Ages, or that any period so long before the Renaissance and the

reformation so-called, could be picked out as representing a

distinctive epoch in supremely liberal legislation. After careful

study, the surprise is apt to be rather that there should have been

comparatively so little advance since that time, seeing how much the

generations of this marvelous century were able to accomplish in

definitely formulating principles of human rights.

The first great document in the laws of the Thirteenth Century is, of

course, Magna Charta, signed in 1215, the foundation of all the

liberties of English speaking people ever since. Perhaps the highest

possible tribute to the Great Charter is the fact that it has grown in

the estimation of intelligent men, rather than lost significance. In

quite recent years it has become somewhat the custom to belittle its

import and its influence. But it must not be forgotten that over and

over again in times of national crises in England, Magna Charta has

been confidently appealed to as a fundamental law too sacred to be

altered, as a talisman containing some magic spell capable of averting

national calamity. Bishop Stubbs said of it, that "the Great Charter

was the first supreme act of the nation after it had realized its own

identity."

Perhaps in nothing does its supremacy as basic legislation for

national purposes so shine forth, as from the fact that it is {351}

not a vague statement of great principles, not a mere declaration of

human rights, not a documentary rehearsal of fundamental legalities,

but a carefully collected series of practical declarations for the

solution of the problems that were then disturbing the peace of the

kingdom, and leading to charge and countercharge of infringement of

right on the part of the king and his subjects. As might have been

expected from the men of the Thirteenth Century--from the generations

who more than any other in all human history succeeded in uniting the

useful with the beautiful in everything from the decoration of their

churches and other great architectural structures to the ordinary

objects of everyday life--it was of eminently practical character.

While it is the custom to talk much of Magna Charta and to praise its

wonderful influence there are very few people who have ever actually

read its provisions. The classics are said to be books that everyone

praises but no one reads, and Magna Charta and the Constitution of the

United States are documents that are joined in the same fate. A little

consideration of some of the chapters of the Charter will give an

excellent idea of its thoroughly straightforward practicalness, though

it may serve also to undeceive those who would expect to find in this

primal document a lofty statement of abstract human rights, such as

the men of the Thirteenth Century were never conscious of, since their

thoughts were always in the concrete and their efforts were bent to

the solution of the problems lying just before them, and not to the

lifting of all the burdens that human nature has to bear.

Before this, of course, there had been some development of legislation

to furnish the basis for what was to come in the Thirteenth Century.

The famous Constitutions of Clarendon under Henry II. and the Assizes

of Clarendon (quite a different matter) and of North Hampton and the

Forest under Henry II., gave assurances of rights that had only

existed somewhat shadily before. According to the Constitutions of

Clarendon sworn men gave their verdict in cases from their own

knowledge. This was, of course, quite a different matter from the

giving of a verdict from knowledge obtained through witnesses at a

trial, but the germ of the jury trial can be seen. It was not,

however, until the next reign that the men of England {352} did not

merely wait for the free gifts of legal rights but demanded and

obtained them. There was a new hitherto undreamt-of spirit abroad in

the Thirteenth Century, by which men dared to ask for the rights they

considered should be theirs.

The opening chapter of Magna Charta states especially the subjects of

the rights that are guaranteed by the document. It is not surprising

then, to find that the first subject is the Church and that the most

extensive guarantees are made that the English Church liberties shall

be inviolate. Churchmen had been largely concerned in the movement

which secured the signing of Magna Charta, and then after all, as must

never be forgotten, the Church at this time was distinctly felt by all

to be the spiritual expression of the religious aspirations of the

people. Over the concluding sentence of this chapter, "the grant of

the unwritten liberties to all freemen of our kingdom," there has been

no little discussion. There are some who would consider that it

applied to all Englishmen above the condition of villeins or serfs,

while there are others who would limit its application practically to

those nobly born in the kingdom. Posterity undoubtedly came to

translate it in the broader sense, so that, whatever the original

intention, the phrase became as a grant eventually to all free

Englishmen.

Chapter I.: "In the first place we have granted to God, and by this

our present charter confirmed for us and our heirs for ever, that the

English Church shall be free, and shall have her rights entire, and

her liberties inviolate; and we will that it be thus observed; which

is apparent from this that the freedom of elections, which is reckoned

most important and very essential to the English Church, we of our

pure and unconstrained will, did grant, and by our charter confirm and

did obtain the ratification of the same from our lord, Pope Innocent

III. before the quarrel arose between us and our barons, and this we

will observe, and our will is that it be observed in good faith by

our heirs for ever. We have also granted to all freemen of our

kingdom, for us and for our heirs for ever, all the underwritten

liberties, to be had and held by them and their heirs, of us and our

heirs for ever."

Perhaps the most interesting feature of Magna Charta is to {353} be

found in the fact, that it did actually in most cases come to be

applied ever so much wider than had apparently been the original

intention. It was in this sense a vital document as it were, since it

had within itself the power of developing so as to suit the varying

circumstances for which recourse was had to it. There is no doubt at

all of the good faith of the men who appealed to it, nor of their firm

persuasion that the document actually intended what they claimed to

find in it. Modern criticism has succeeded in stripping from the

original expressions many of the added meanings that posterity

attached to them, but in so doing has really not lessened the

estimation in which Magna Charta must be held.

The position is indeed noteworthily analagous to that of the original

deposit of faith and the development of doctrine which has taken

place. Higher criticism has done much to show how little of certain

modern ideas was apparently contained explicitly in the original

formulas of Christian faith, and yet by so doing has not lessened our

beliefs, but has rather tended to make us realize the vitality of the

original Christian tenets. As everything living in God's creation,

they have developed by a principle implanted within them to suit the

evolutionary conditions of man's intelligence and the developing

problems that they were supposed to offer solutions for. The

comparison, of course, like all comparisons, must walk a little lame,

since after all Magna Charta is a human document, and yet the very

fact that it should have presented itself under so many varying

conditions, ever with new significance to succeeding generations of

thinking men, is the best evidence of how nearly man's work at its

best may approach that of the Creator. It is an exemplification, in a

word, of the creative genius of the century, a worthy compeer of the

other accomplishments which have proved so enduring and so capable of

making their influence felt even upon distant generations.

It is of the very essence of the practicality of Magna Charta that

among the early chapters of the important document--Chapter VII.--is

one that concerns widows and their property rights immediately after

the death of their husbands. Previous chapters had discussed questions

of guardianship and inheritance, since it was especially minors who in

this rude period {354} were likely to suffer from the injustice of the

crown, of their over-lords in the nobility, and even from their

guardians. While Magna Charta, then, begins with the principles for

the regulation of matters of property as regards children, it proceeds

at once to the next class most liable to injustice because of their

inability to properly defend themselves by force of arms--the widows.

Chapter VII.: "A widow, after the death of her husband, shall

forthwith and without difficulty have her marriage portion and

inheritance; nor shall she give anything for her dower or for her

marriage portion, or for the inheritance which she and her husband

held on the day of the death of that husband; and she may remain in

the house of her husband for forty days after his death, within which

time her dower shall be assigned to her."

Chapter VIII.: "Let no widow be compelled to marry, so long as she

prefers to live without a husband; provided always that she gives

security not to marry without our consent, if she holds of us, or

without the consent of the lord of whom she holds, if she holds of

another."

The first of these provisions serves to show very well how early in

the history of English jurisprudence a thoroughgoing respect for

woman's legal rights began to have a place. The beginning Thirteenth

Century made an excellent start in their favor. For some reason the

movement for justice thus initiated did not continue, but suffered a

sad interruption down almost to our own times.

The second of these provisions for widows, embodied in Chapter VIII.,

sounds a little queer to the modern ear. This protection of widows

from compulsion to marry is apt to seem absolutely unnecessary in

these modern days. Some of the unmarried are indeed prone to think,

perhaps, that widows have more than their due opportunity in this

matter without any necessity for protecting them from compulsion. Of

course it is to be understood that it was not always so much the

charms of the lady herself that must be protected from compulsion, as

those of the property which she inherited and the political and

martial influence that she might be expected to bring her husband. In

these troublous times when disputes with {355} appeals to arms were

extremely frequent, it was important to have the regulation, that

after the death of a husband there should be no sudden unbalancing of

political power because of the compelled marriage of the widow of some

powerful noble.

In certain subsequent chapters up to the twelfth there is question

mainly of the rights of the Jews, as money-lenders, to collect their

debts with interest after the death of the principal to whom it was

loaned. For instance, according to Chapter X., the debt shall not bear

interest while the heir is under age and if the debt fell to the hands

of the crown, nothing but the principal was to be taken. In Chapter

XI. if any one died indebted to the Jews his wife should have her

dower and pay nothing of that debt. For children under age the same

principle held and they had a right to the provision of necessaries in

keeping with the condition of their father. This last clause has been

perpetuated in the practice of our courts, as some consider even to

the extent of an abuse, so that debtors cannot collect from the income

of a young man to whom money has been left, if by so doing the income

should be impaired to such an extent as to make his method of living

unsuitable to the condition in life to which he was born and brought

up.

Chapter XII. has been the subject of more discussion perhaps than any

other. McKechnie, the most recent commentator on Magna Charta, says of

it: [Footnote 29]

[Footnote 29: Magna Carta, a Commentary on the Great Charter of King

John, with an Historical Introduction by William Sharp McKechnie,

M.D., LL.B., D. Phil. Glasgow, James Maclehose and Sons, Publishers

to the University, 1905.]

"This is a famous clause, greatly valued at the time it was framed

because of its precise terms and narrow scope (which made evasion

difficult), and even more highly valued in after days for exactly

opposite reasons. It came indeed to be interpreted in a broad

general sense by enthusiasts who, with the fully-developed British

constitution before them, read the clause as enunciating the modern

doctrine that the Crown can impose no financial burden whatsoever on

the people without consent of Parliament."

Readers may judge for themselves from the tenor of the {356} chapter,

how wide a latitude in interpretation it not only permits, but

invites.

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

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.

{360}

"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.

[Illustration]

SPIRE OF ST. ELIZABETH'S (MARBURG)

{364}

XXIII

JUSTICE AND LEGAL DEVELOPMENT.

It must not be thought because we have devoted so much time to the

triumphs of English law-making in the Thirteenth Century that,

therefore, there is little or nothing to be said about this same

admirable feature of the time in other countries. As a matter of fact

every nation in Europe saw the foundation of its modern legal system

laid, and was responsive witness to the expression of the first

principles of popular rights and popular liberties. Montalembert in

his Life of St. Elizabeth of Hungary [Footnote 30] makes no mention

in the Introduction which is really a panegyric of the Thirteenth

Century, of the progress of English law-making, and yet considers that

he is able to bring together enough evidence to show that legislation

had its acme of development just at this time. His paragraph on the

subject will serve as the best possible preface to the scant treatment

of continental law-making and enforcement of justice in this period,

that our limited space will allow. He says:

[Footnote 30: Life of St. Elizabeth of Hungary by the Count De

Montalembert, translated by Francis Deming Hoyt, New York,

Longman's, Green and Company, 1904.]

"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 resume 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.

{367}

"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)

[Illustration]

RATHHAUS (STRALSUND)

The significance of these courts has sometimes been missed. They

arose, however, out of the justice loving spirit of the people

themselves and were meant to supply legal enforcements when the

regularly constituted authorities were unable to secure them. They

remind one very much of the vigilance committees, which in our own

country, in the cities of the distant West, bravely and with the

admirable prudence of the race, have so often supplied the place of

regular courts and have brought justice and order out of the chaos of

lawlessness. The last place most people would expect their prototypes,

however, would be here in the Germany of the Thirteenth Century. How

much these Vehmgerichte accomplished during the Thirteenth and

Fourteenth centuries it would be difficult to say. They represent an

outgrowth of the spirit of the people themselves, that constitutes

another striking feature of the practical side of the generations of

the Thirteenth Century. They had much more to do with bringing about

the development of the modern acute sense of justice among the

Teutonic peoples {369} than is usually thought. They are the German

expression of the same feelings that in England dictated trial by

jury, and secured for the English speaking people of all time the

precious privileges of even-handed justice and the right to be judged

by one's peers.

It was not alone in the western countries of Europe that great

advances were made in liberty. The democratic spirit that was abroad

made itself felt everywhere and the foundations of rights for the

people were laid even in central Europe, in countries which ordinarily

are thought of at this time as scarcely more than emerging from

barbarism. Hungary may be cited as an example. Andrew II. is usually

set down by narrow-minded historians as having been entirely too

visionary in his character, and the fact that he led the fifth

Crusade, apparently even more fruitless than were most of the others,

is supposed to be an additional proof of this. Even Duruy in his

History of the Middle Ages says of him, "he organized a state of

anarchy by decreeing his Golden Bull, that if the King should violate

the privileges of the nobility, they should be permitted to resist him

by force and such resistance should not be treated as rebellion." As a

matter of fact, his people were thus granted a constitution more

liberal even than that of Magna Charta, but containing quite similar

provisions in many respects, and the curious historical analogy is

heightened when we recall that at the two ends of civilized Europe

these constitutions were given in the same decade. One cannot help but

wonder whether the Saxon elements which were in both peoples, for many

Saxon and Frisian colonists had been induced to settle in certain

parts of Transylvania just half a century before, did not have much to

do with this extremely interesting development in Hungary, so like the

corresponding evolution of the democratic spirit among their western

kinsfolk.

In Poland the development in law came a little later but evidently as

the result of the same factors that were at work during the Thirteenth

Century. Casimir the Great, who was born shortly after the close of

the Thirteenth Century, gave wise laws to Poland which have

constituted the basis of Polish law ever since. At this time Poland

was one of the most important countries in Europe. Casimir, besides

giving laws to {370} his people, also founded a university for them

and in every way encouraged the development of such progress as would

make his subjects intelligently realize their own rights and maintain

them, apparently foreseeing that thus the King would be better able to

strengthen himself against the many enemies that surrounded him in

central Europe.

The Thirteenth, Greatest of Centuries · 第 32 / 35 章