One of the courses I teach regularly is an introductory course for History majors, entitled “Making History.” One of my responsibilities as instructor is to teach the students how to do documentation in historical writing, or, in a word, FOOTNOTES.
Wait, don’t stop reading. Footnotes are fun! The form of documentation conventionally used by professional historians is called “Chicago style,” after the Chicago Manual of Style, first published by the University of Chicago Press in 1906 and now in its 17th edition. One question I have not yet been able to answer is how it came about that the conventions created for the output of one particular university press came to be adopted by the historical profession as a whole. Other academic disciplines use documentation models sponsored by their respective professional organizations: Psychologists use APA style, as specified by the American Psychological Association; literary scholars use MLA style, regulated by the Modern Language Association. But although there is an AHA, the American Historical Association, there is nothing called “AHA style.”
Undergraduate history majors rarely purchase the Chicago Manual, however. Not only is it expensive—the current edition lists for $70—but it includes much more detail than they need for the kind of writing they’re doing. (I didn’t buy one until I was a PhD student.)
Instead, students typically use specially-written
handbooks that package the essential information into a more user-friendly
format. In Making History, for example, we use Mary Lynne Rampolla’s Pocket Guide to Writing in History. But
when our history majors get to the Senior Seminar, we have them purchase a more
serious, detailed, in-depth handbook. At that point, as they prepare to write
their Senior Research Thesis, they’re ready for . . . TURABIAN.
What’s a Turabian, you ask? It’s short for Kate L. Turabian’s Manual for Writers of Theses, Research Papers, and Dissertations. Like Cher or Madonna, Turabian requires only a single name to be immediately identifiable to the cognoscenti. I recall going to see a professor during office hours in the first history major course I took as an undergraduate, to ask for help in beginning the assigned research paper, and receiving the answer, in its entirety, “Turabian.”1
I was reminded of this conversation recently when I
was introducing Chicago-style footnotes to my Making History students. Although
we don’t buy Turabian in Making History, I thought it was important that they
at least know the term. Even undergraduate research journals, conferences, or
essay competitions might well specify “Turabian” without further elaboration.
Wanting to show my students the person behind the name, I did a little research. Fortunately, the Chicago Manual Online has a page devoted to the history of Turabian, both the person and the book. There I learned that she was born in Chicago in 1893, never attended college, but went to work as a department secretary at the University in 1925, becoming the thesis secretary in 1930.
The thesis secretary at a graduate institution is in some ways the most powerful person on campus. She (and it often was a she) inspects all master’s theses and doctoral dissertations to ensure that they conform to the university’s formatting guidelines, including margins, front matter (title page, acknowledgments, etc.) and documentation. Your professor might have already approved your work; your methodology might be groundbreaking, your conclusions insightful, your prose sparkling. But if the thesis secretary sees that your margins are too narrow or too wide, no degree for you until it’s fixed.2
To help students navigate this stressful process, in
1937 Kate Turabian produced a booklet summarizing the formatting guidelines for
Chicago style, so that Depression-era students didn’t have to buy the big
manual. Her pamphlet was first published in book form in 1955; it is now in its
Next I looked for some images to show the class, and was delighted to come across the cover of the 3rd edition, published in 1967. This is the one I remember using in college.3 Notice what’s on the cover—mostly pencils and pens of various types, most of the pens having nibs, and one curious-looking round object. Boomers like myself may be able to identify that as a typewriter eraser. This cover image says to me that “writers of term papers, theses, and dissertations” will literally be writing them by hand, and only as a final step producing a typescript (perhaps even hiring a typist).
Notice how the cover of the 4th edition, from 1973, has changed. It is still an assemblage of writers’ tools, still mostly writing implements, but now none of the pens have nibs, there’s a new-fangled marker, and instead of a typewriter eraser there are two spherical objects. These are type balls (known familiarly as “golf balls”) from an IBM Selectric typewriter, first introduced in 1973—which means that the cover is displaying what was then state-of-the-art technology.
The 5th edition, released in 1987, got rid of not only the pens but also the typewriter accessories. That round red object with the spokes is a daisy wheel from a daisy wheel printer. We’re in the computer age! Daisy wheel printers were used before the widespread introduction of laser printers to produce what was called “letter quality” output, that is, as good as what a typewriter could do. I printed my first cover letters for job applications using a daisy wheel printer.
Perhaps because daisy wheel printers were already headed towards obsolescence in 1987, beginning with the 6th edition the Manual for Writers dispensed with images altogether. But collectively, the 3rd through 5th edition covers are a fascinating look at the rapid revolutionary changes in writing technology over a period of just 20 years. I should point out, however, that while the fountain pen has disappeared from the cover of Turabian, I used one to draft this entry (and, in fact, my doctoral dissertation as well). Like vinyl records, the fountain pen is making a comeback!
Kate Turabian retired as thesis secretary at the University of Chicago in 1958, but she continued to work on updates of the manual; she died in 1987. The book is still published in her name, along with the names of the writers who have taken over the updates.4 According to a 2016 study of American college syllabi, Kate Turabian is the most assigned female author in college classes.
Now I want to know more about the history of the footnote itself.5 As the American Historical Association says, #everythinghasahistory. Research never ends!
As many people on the internet have pointed out, today (February 2, 2020) is an 8-digit calendrical palindrome—02/02/2020. A palindrome, of course, is a word or phrase that reads the same backwards and forwards. Some of the classics are
“Madam, I’m Adam”
(the first words ever spoken?). Or Napoleon’s supposed
“Able was I, ere I saw Elba.”
Palindromes can also be musical, and I thought today was the perfect day to talk about a musical palindrome composed by Franz Joseph Haydn.
Haydn has always been one of my favorite composers, ever since I was a child and my mother supplied me with Lives of the Composers children’s books (still probably the source of much of my knowledge of music history). I loved the music, of course—I think I’m a classicist at heart—but I was also attracted to the way these biographies presented Haydn’s personality. The Haydn of my youthful reading was playful, with an irreverent sense of humor.
One example of this playfulness is his Symphony no. 94 in G major, composed in 1792 during the first of his visits to London. It is known as the “Surprise Symphony” from the fortissimo chord in the second movement that follows several bars of a pianissimo melody. According to legend, the chord was supposed to have awakened sleepy concert-goers who had feasted too heavily on English roast beef.1 Or take Symphony no. 45 in F# minor (1772), nicknamed the “Farewell” Symphony. Haydn spent much of his career as the Kapellmeister at the court of Prince Esterhazy in Hungary, composing and directing music for the entertainment of the court. When the Prince kept the musicians working for too long a time without a vacation (no Musicians’ Union in those days), Haydn responded by composing the Finale of the symphony so that one by one the musicians leave the stage, extinguishing their candles as they go until finally there is nothing but silent darkness. The Prince got the message.
With these examples in mind, I was delighted to discover an instance of Haydn’s musical wit in a piano composition that is playable for someone at my level. This is the Minuet movement from Haydn’sPiano Sonata in A major, Hob. XVI.262 The movement is marked “Minuet al Rovescio,” which means “Minuet in Reverse.” The first half of the Minuet is ten measures long, followed by another 10 measures that are the reverse of the first ten. In my edition, produced for student use, the second half is written out, but in the original publication, the pianist was expected to play the second half by starting at the end and reading backwards—right to left and bottom to top. What a mental workout that would be!
To make it clearer, here are the first and last measures of the Minuet. You can see how the second is the reverse of the first.
The twelve measures of the Trio section work the same
way—measures one to twelve are played forwards, and then twelve to one are
I was so intrigued by the structure of this Minuet that I decided to see what else I could find out about it, and I discovered that Haydn must have liked it so much that he used it twice. He originally composed it in about 1772 as the Minuet movement for his Symphony no. 47 in G major, which I was delighted to discover has the nickname “Palindrome” from this very movement.
I was also delighted to discover, when I went to imslp.org to get the music for the above images, that the site also had a transcription of the Minuet for violin and piano, done by Ferdinand David, the violinist for whom Mendelssohn wrote his violin concerto. That’s going on my to-be-played list!
I’m sure that Haydn was more complex, both as a man and as a composer, than the way he was presented in the biographies I read as a child, but I am delighted to be able to learn to play this small example of his inventiveness.
In the last entry, we saw how Magna Carta was modernized in Ridley Scott’s Robin Hood. Today we see a similar transformation in Ironclad.
Like Ridley Scott, Jonathan English, director of Ironclad, released in 2011, claims historical accuracy for his film. Like those of Ridley Scott, English’s claims don’t hold up.1 Compared to Robin Hood, Ironclad has more historical and less folkloric content. Ironclad is based on a real event, the siege of Rochester Castle, and its characters, although a mixture of real and fictional, do not include any mythical figures like Robin Hood. Nonetheless, Ironclad’s treatment of Magna Carta is equally as modern as Robin Hood’s and, in fact, is even more strongly reminiscent of an eighteenth-century document, the Declaration of Independence.
Ironclad is set in the fall and winter of 1215, during the baronial rebellion that followed the failure of Magna Carta. The film focuses on the siege of Rochester Castle, in which it imagines that seven brave defenders held off the forces of John and his mercenary army. (The director, Jonathan English, has acknowledged his inspirations included The Magnificent Seven and The Seven Samurai).2 These medieval magnificent seven are led by Baron William of Albany and Thomas Marshal, a troubled Templar who in the course of the siege falls in love with Isabel, wife of the castle’s lord, Reginald Cornhill.3 John ultimately takes the castle, but is unable to follow up on his victory when an invading French force shows up, led by Prince Louis, son of King Philip. John flees, and the film ends with John’s ignominious death by dysentery after losing his treasure in the Wash while Thomas and Isabel ride away from the castle to live, presumably, happily ever after.4
While the time period of Robin Hood is well before the actual time of the granting of Magna Carta, the action of Ironclad takes place in the months after Runnymede. Magna Carta still plays a large role in the film, however. The civil war of late 1215 is presented as resulting from John’s attempt to take revenge on the supporters of Magna Carta; the defenders of Rochester Castle see themselves as defending the ideals of Magna Carta. However, the Magna Carta of Ironclad is not the Magna Carta of Runnymede. To paraphrase Greta Austin, who claims that all medieval films are “modernity in drag,” Magna Carta in Ironclad may be described as “the Declaration of Independence in drag.”5 Like the Declaration, it has a single author. Like the Declaration, it is signed by its supporters. Like the Declaration, the physical object, the document itself, is seen as significant. And like the Declaration, the meaning of the document has been transformed from its original context to be something else.
In Ironclad, Archbishop of Canterbury Stephen Langton is presented not only as a supporter of Magna Carta but also as its sole author. Langton was identified as the author of Magna Carta at one time, but today the scholarly consensus is that its composition was a group effort, with Langton perhaps insisting on clause one, on the liberty of the English Church.6 In Ironclad, however, when we first meet Langton in the episcopal palace at Canterbury, he tells Thomas, “I am to be excommunicated for writing Magna Carta.”7This is understandable for dramatic reasons—the story is easier to follow if we can attach a face to the document everyone is fighting over. But in addition, Stephen Langton is the stand-in for Thomas Jefferson.
The script refers several times to John’s “signing” Magna Carta. In reality, Magna Carta was not signed but sealed.8 Interestingly, a few references to sealing the document do creep in—it’s almost as if the screenwriters knew the proper term but frequently lapsed into the familiar error. This confusion is already evident in the film’s opening sequence, where a voiceover spoken by Charles Dance, who plays Stephen Langton, provides the historical background necessary to understand the rest of the story:
“It was agreed that John could remain on the throne, on one condition—that he would sign a document upholding the rights and privileges of all free men, but ultimately limiting the power of the monarchy. [At this point we see John sign the document.] The Magna Carta was sealed at Runnymede on the fifteenth of June in the Year of our Lord twelve hundred and fifteen.” [emphasis mine]
The look of this scene is clearly influenced by nineteenth-century visual representations of what the artists imagined to have happened on June 15, 1215. Do a google image search with terms like “Magna Carta signing” and you’ll see plenty of examples.9 The one I believe the filmmakers chose is an 1864 illustration by artist James Doyle.10 In the illustration, John is in a tent, seated at a table covered with a red tablecloth embellished with gold brocade. He is surrounded by standing knights and clergymen. Through the open back of the tent can be seen more tents spread across a rolling green meadow next to a river.
In the opening sequence of Ironclad, there is an establishing shot with a tent-covered meadow next to a river; the camera then takes us inside John’s tent where he is seated at a table covered by a red cloth embellished with gold brocade and surrounded by standing knights and clergymen.
The writers did enough research to know that Magna Carta was sealed. They must have just assumed it was signed as well, partly from the influence of the visual tradition they were following, but also because in modern times we expect important legal or governmental documents to be signed. A bill doesn’t become a law until the President signs it; the Declaration of Independence couldn’t take effect until the delegates signed it. So Magna Carta must have been signed as well.
The parallel of Ironclad’s Magna Carta to the Declaration of Independence extends further. The prop Magna Carta used in the film was neither a duplicate of one of the surviving 1215 copies nor modeled on the eighteenth-century facsimile (as Robin Hood’s was). Rather, Ironclad’s Magna Carta has a similar layout to the Declaration. John’s signature is centered below the main text, in large letters—like his namesake president of the Continental Congress—with the other signatures in columns to its left and right.11 In fact, the leaders of the baronial revolt did not sign it either, but our familiarity with the Declaration of Independence has conditioned our expectations of what such a document should look like.12
On the must-see list of any first-time visitor to Washington, D.C. is the Rotunda of the National Archives, where the “Charters of Freedom” exhibit reverently showcases the original documents of the Declaration of Independence, as well as the Constitution and the Bill of Rights. Americans revere the Declaration as a physical object.
Ironclad has a similar view of the importance of the document itself. In an early scene, John and his Danish mercenaries arrive at the castle of one of his enemies. John shows him a copy of Magna Carta and, pointing to it, asks if this is his handwriting. The baron claims he was forced to sign it; John grimly replies, “I know the feeling” and has the man hanged. Later on, John is shown in a sacked burning castle surrounded by heaps of bodies; one has a crumpled-up bloody copy of Magna Carta stuffed in its mouth. When the rebels first occupy Rochester castle, a member of the resident garrison protests, “The rebellion’s over. The king surrendered to the Great Charter.” Albany then pulls a copy of Magna Carta out of a leather tube and says, “Magna Carta. This one sealed by the King’s own hand. And now he’s executing everybody who supported it.”13 Late in the siege, when the defenders are coming to realize that they are doomed, Reginald Cornhill wants to negotiate a surrender. Squire Guy, the idealist youth among our “Magnificent Seven,” objects, saying, “We swore an oath, to Albany—to England.” Cornhill answers, “Your oath is worthless. Magna Carta is worthless. The Church has annulled it. Whatever happens here is meaningless.” He leaves the room and Guy silently unrolls Magna Carta and looks at it. Almost the last thing we see in Ironclad, after a final Charles Dance voiceover that narrates John’s death and the loss of his treasure in the Wash, is a shot of Magna Carta floating in muddy water.
Ironclad’s view of Magna Carta’s broader significance is also informed by modern expectations and parallels the popular understanding of the Declaration of Independence. In the popular mind, Jefferson’s list of all the crimes of George III is forgotten; all that we remember is “All men are created equal” and the inalienable rights of “life, liberty, and the pursuit of happiness.” Similarly, in Ironclad all the technical clauses of Magna Carta are ignored and its scope is extended to, as the initial voiceover sequence puts it, “upholding the rights and privileges of all free men.” English echoes this judgment in his commentary, where he references America’s other founding document: “The Magna Carta of course is one of the original documents that formed the basis of liberty and justice for all men and was the basis of the American Constitution.” When John first confronts the rebels at the walls of Rochester castle, Albany reminds him that he “sealed a charter giving the people of England freedom.”14
This emphasis on “the people” and “freedom” is especially notable in the words of Squire Guy. When Thomas finds out that Guy has never killed anyone, he tells him, “Then you will learn that it is not a noble thing.” Guy counters, “Not even when it’s for freedom?” Thomas, the disillusioned Crusader, replies, “Not even when it’s for God.” When Cornhill asks the company at dinner in the castle why they support the rebellion, Guy proclaims, “Because we are for the people.” Again, English reinforces this sentiment in his commentary: “The central theme of the film is worth—the worth of men, the worth of the people; that’s essentially the concept of the Magna Carta.” 15 Finally, the last words spoken in the film reinforce this idea of Magna Carta as a declaration of freedom that was ahead of its time: “In time the great keep of Rochester was rebuilt. It stands to this day. So too does the noble dream that was Magna Carta.”
No one has ever made a straight historical movie that tells the story of Magna Carta—one that begins in John’s reign, climaxes at Runnymede, and doesn’t have any legendary figures in it. Some studio missed a great opportunity for a 2015 release. But why has no one made such a film? Perhaps it’s because Magna Carta now exists more in memory than in history, and in memory it’s no longer tied to specific events (apart from the signing ceremony, which didn’t even happen). The legacy of Magna Carta has turned it into a document about freedom and modern constitutional democracy. Whatever it meant in 1215, this is what it means now, so even in movies that are set then, Magna Carta is presented with the significance it has now.
The directors of both Ironclad and Robin Hood claim to be telling historical truths, but both are incorrect. Not just because they are careless with historical facts (although they are), but because both films are a-historical. Ironclad at least keeps Magna Carta tied to its own historical moment, but then turns it into the Declaration of Independence. Robin Hood takes Magna Carta completely out of history, placing its origins in the 1160s or 70s and its resurrection in 1200 and transforming its content into a generic “rights of man”—in effect, making it timeless, and, in true Enlightenment fashion, universalizing it.
Both these movies perpetuate the Enlightenment stereotype of the Middle Ages. If the Middle Ages are the Dark Ages—by definition, unenlightened—then if anything positive appears in the Middle Ages, it must be modern. The filmmakers have clothed a medieval document that arose at a specific time and place, out of specific circumstances, to meet the needs of specific people, in Enlightenment dress. Truly, “modernity in drag.”
The year 2015 saw considerable attention paid to Magna Carta on its 800th birthday. Books were published, aimed at audiences both popular and scholarly.1 The Magna Carta Trust organized a myriad of special commemorative events, including lectures, exhibits, walking tours, conferences, and performances. The Library of Congress displayed Lincoln Cathedral’s 1215 copy of Magna Carta as part of an exhibit titled “Magna Carta: Muse and Mentor.”2 Not to be outdone, the British Library mounted a major exhibit, “Magna Carta: Law, Liberty, Legacy,” that reunited all four surviving 1215 copies of the document.3 One medium that did not participate in this commemoration, however, was the cinema. There were no Magna Carta-themed major releases in 2015.
It’s not as if the early Plantagenet era as a whole has been neglected by filmmakers. Of all the eras in medieval history, the late-twelfth and early-thirteenth century time of Henry II and his sons is perhaps the best-known to an English-speaking audience. Modern movie-goers have become well-acquainted with the period from films like Lion in Winter and the various versions of Robin Hood. In fact, if you watch these films in the correct order, you can learn much of the story of the first Plantagenets (if you don’t mind a few inaccuracies).
Becket (1964) tells the story of the conflict between Henry II and the archbishop of Canterbury, culminating in Thomas Becket’s 1170 martyrdom in Canterbury Cathedral. 4Lion in Winter (1968) dramatizes the tortured emotional relationships of Henry, his Queen Eleanor of Aquitaine, and their sons Richard, Geoffrey, and John after the death of Henry the Young King in 1183.5The Adventures of Robin Hood (1938) is set in 1194, with John ruling England as regent while his brother King Richard was held captive on his way home from Crusade.6 Walt Disney’s Robin Hood, released in 1973, duplicates this setting, 7 but Ridley Scott’s Robin Hood of 2010 begins with the death of Richard in battle in 1199 and depicts the early days of John’s reign.8Ironclad (2011) jumps to the civil war that occurred in 1215.9
Most of these films are set prior to 1215 and therefore don’t include Magna Carta as part of the narrative, although it could be argued that the near-universal depiction of John as a tyrannical bully is a type of foreshadowing, given that the audience knows what’s coming.10Two exceptions to the cinematic silence regarding Magna Carta are the 2010 version of Robin Hood and 2011’s Ironclad.11
Robin Hood, which purports to present the “real story behind the legend,” imagines that an early version of Magna Carta was drafted by the Robin Hood character’s father. Ironclad is a dramatization of the siege of Rochester, part of the civil war that ensued after Magna Carta was granted in June 1215. In both films, Magna Carta is represented as a document more modern than medieval. Specifically, both Robin Hood and Ironclad transform Magna Carta into a product of the Enlightenment.
directed by Ridley Scott and starring Russell Crowe as Robin, opens in 1199,
with King Richard’s army besieging the castle of Chalus in southern France. When
Richard is killed by a crossbow bolt, the archer Robin Longstride, who had been
confined in the stocks for insubordination, takes advantage of the situation
and escapes along with a few fellow soldiers. As they make their way home, they
interrupt an ambush by the French of a party of English knights who are
carrying Richard’s crown. Robin and his buddies drive the French away, but the
English knights are all killed. As one of them, Robert Loxley, is dying, he
commends his sword to Robin and asks him to return it to his father, from whom
he was estranged. Robin and his friends take on the identity of the dead
knights as a means of getting passage across the Channel. On the boat, he reads
words etched into the sword’s hilt: “rise and rise again until lambs become lions.”
After safely delivering the crown, thereby informing John of his brother’s death, Robin travels to Nottingham to discharge his promise to the dead Robert Loxley. There he finds the knight’s widow, Marian, and her elderly father-in-law, Walter. Walter asks Robin to assume the identity of his dead son Robert in order to protect Marian and the estate from the depredations of the evil Sheriff of Nottingham. Robin is reluctant at first, but agrees when Walter tells him his own history.
Robin’s father, Walter tells him, was a stonemason who, many years ago when Robin was a small child, led a revolt against tyranny. As Walter tells the story, we see the events in flashback. Robin’s father had carved the revolt’s slogan, “Rise and rise again, until lambs become lions,” into a slab of stone, and little Robin pressed his handprint in the wet mortar. Robin’s father wrote a manifesto—a “charter of liberties”—but the revolt failed, his father was executed, and the charter was forgotten. Walter produces a copy of the charter and tells Robin its time has come once again. In the meantime, a traitor in John’s court, Godfrey, has incited a baronial revolt against John and plotted an invasion of England with French king Philip Augustus.
In his persona as Robert, son of Walter—or, we might say, Robert fitz Walter12—Robin joins the baronial rebellion against King John’s tyranny. He convinces the barons that rather than remove the king, they should demand that he issue a charter that would guarantee their liberties. John agrees to the charter and, having reconciled with the barons, goes to the Channel coast to meet the French invasion. The invasion is repelled thanks to Robin’s military leadership (aided by Marian, who shows up on the beach wearing a perfectly-fitting suit of armor she apparently had hanging in her closet). Now that John’s throne is secure, he sets the charter on fire and makes a speech of his own, asserting that he rules by Divine Right. The film ends with Robin being declared an outlaw and taking to the forest with Marian. The final words on the screen are “And so the Legend begins.”
Like most historical films, Robin Hood claims historical accuracy.
In the “Director’s Notebook” included on the Blu-ray version of the film,
Ridley Scott says,
“I think the idea of Robin Hood is so tied up historically in terms of was he real? I believe he was real. There was somebody who existed who ignited the flames of this idea, this legend. But what’s interesting is digging up all those facts, because people think they’re just facts of fiction, the facts created by some writer of a fictional idea, when actually they’re not, they’re real, they’re absolutely real.”13
And like most historical films, those claims to historical accuracy don’t hold up. To take just one example, there was no epic battle on the beach in 1200 between an invading French force led by Philip Augustus and English defenders under King John—because Philip Augustus never invaded England. And don’t even get me started on the Higgins boats.14
The presentation of Magna Carta in Robin Hood is also historically dubious.
The filmmakers have given their Magna Carta a chronology that is, shall we say,
confused. The film opens in 1199, with Richard’s death. In the documentary
“Rise and Rise Again: Making Ridley Scott’s Robin
Hood,” Ridley Scott claims that they deliberately chose that date to
distinguish this version of Robin Hood from
earlier ones. In the classic Robin Hood retellings going back to Sir Walter
Scott’s Ivanhoe (1819), the
historical moment is 1194, while Richard is being held captive in Austria on
his way home from the Third Crusade. His brother Prince John is ruling
tyrannically in his absence and plotting to usurp the throne. Both Ivanhoe and the 1938 Adventures of Robin Hood (heavily
indebted to Ivanhoe) conclude with
Richard’s triumphant return and restoration of legitimate rule. Ridley Scott,
however, deliberately rejects that narrative:
“What we’ve tried to do is redefine the times, in fact shift the timeline. We kill Richard instead of having him ride in and save the day. But I think it’s more historically accurate, in my opinion anyway, in terms of what the cultural melee [sic] was that a Robin Hood character could rise out of.”15
Yet if they wanted to introduce Magna Carta into the story, it’s still fifteen years too early. And the backstory makes it earlier still. Walter Loxley tells Robin that his actual father had drafted a charter of liberties several years ago, when Robin was a small child. (Robin had earlier told Robert Loxley that his father abandoned him at the age of six.) Robin is presented as a grizzled old veteran who had fought with Richard on crusade, including at the siege of Acre (1191), so he must be at least in his 30s (Russell Crowe was 46 when the film was released). This dates the writing of the original charter to the 1160 or 1170s.16
The real Magna Carta arose out of the specific circumstances of the end of John’s reign, but we are given no hint of what prompted Robin’s father to write his charter back in the days of Henry II (who is not actually mentioned), unless it is understood to be generic medieval tyranny. When Robin as an adult resurrects his father’s charter and urges John to grant a new one, John does so, only to renege on his promise and publically burn the document. Perhaps he has to do this to leave room for the real one to be granted fifteen years later.
The time period that best fits the presentation of Magna Carta in this film, however, is neither the mid-twelfth nor the early thirteenth century; it’s the eighteenth century. The first hint of a modern overlay on the film’s ostensibly medieval setting is the occupation of Robin’s father—a stonemason. Recall that many of the American Founding Fathers were Freemasons. The content of the film’s charter of liberties also evokes the Age of Enlightenment more than the Middle Ages. In the “Making Ridley Scott’s Robin Hood” documentary, Oscar Isaac (the actor who plays King John) states, “The issues that [the film] deals with are enormous. I mean freedom, you know, the rights of man.” In the “Director’s Notebook,” Ridley Scott characterizes Robin Hood as follows: “He’s captured everyone’s imagination by being the definitive athletic warrior who has the rights of men as part of his main principle.” He’s Super-Philosophe-Man!
Robin’s speech at Barnsdale in front of the barons and King John also has a modern ring to it. The beginning of the speech at least attempts to sound medieval. Robin denounces tyranny using a metaphor of cathedral-building, probably inspired by his newly-discovered masonic origins:
you try to build for the future, you must set your foundations strong. The laws
of this land enslave people to its king. A king who demands loyalty but offers
nothing in return. I have marched from France to Palestine and back, and I know—in
tyranny lies only failure. You build a country like you build a cathedral—from
the ground up. Empower every man, and you will gain strength.”
But as he continues, his call for a charter of liberties begins to sound like a mashup of the Declaration of Independence and the Bill of Rights:17
your majesty were to offer justice, justice in the form of a charter of
liberties, allowing every man to forage for his hearth, to be safe from
conviction without cause, or prison without charge, to work, eat, and live on
the sweat of his own brow, and to be as merry as he can, that king would be
great. Not only would he receive the loyalty of his people, but their love as
Guaranteeing safety “from conviction without cause or prison without charge” recalls the due process amendments of the Bill of Rights.This item, at least, might be said to stem from Magna Carta’s famous clause 39, “No free man is to be arrested, or imprisoned, or disseised, or outlawed, or exiled, or in any way destroyed, nor will we go against him, or will we send against him, save by the lawful judgement of his peers or by the law of the land,” usually taken to be the origin of due process.18
“Allowing every man to forage for his hearth” is rather awkwardly worded. I assume he’s not talking literally about collecting kindling in the woods but is referring more generally to private property rights, repeated when he asserts the liberty “to work, eat, and live on the sweat of his own brow.” The echoes of John Locke in this sentence shift to Thomas Jefferson with the final liberty enumerated, “to be as merry as he can.” The rights of man, according to Ridley Scott’s Robin Hood, are life, liberty, and the pursuit of merriness.
John’s response to Robin’s passionate
oratory is, “What would you have? A castle for every man?” To which Robin
rejoinders, “Every Englishman’s home is his castle”—thereby anticipating not
only Magna Carta, but also Edward Coke’s 17th-century legal dictum. The
historical confusion continues later, when John publically renounces and burns
Magna Carta. He makes a speech using the language not of the rights of man but
of absolute monarchy:
did not make myself king; God did. King by divine right. Now you come to me
with this document, seeking to limit the authority given to me by God.”
Magna Carta is the Bill of Rights, then John is James I or Louis XIV.
Given the eighteenth-century sound of the charter, it’s appropriate that the production designers gave the physical document an eighteenth-century look as well. In 1733, after a fire two years before had damaged one of the four surviving 1215 copies of Magna Carta, the engraver John Pine was asked to produce a facsimile, now in the British Museum. Pine apparently thought the unadorned text of the 1215 parchment looked too plain, so around the outer border of the document he added, in color, the coats of arms of the 25 barons whom clause 61 of the document entrusted with its enforcement.
In the movie, when Robin finds a copy of the charter his father had written and hidden away years before, we see that it was modeled on the 18th-century facsimile.
In other words, a 2010 movie uses an image of a 1733 copy created as a result of a 1731 fire of a 1215 document that is imagined to have been drawn up decades before by the father of a legendary character.
A trireme. A warp-weighted loom. A hike across the
mountains of Attica. A peplos.
Jumping weights. Hoplite armor.
What do all these items have in common (apart from
their connection to ancient Greece)? They are all examples of a phenomenon in
classical studies that I have labeled “Schliemann Syndrome.”
Heinrich Schliemann (1822-1890) is well known as the excavator of ancient Troy and Mycenae. His work, along with that of other pioneering archaeologists like Sir Arthur Evans, pushed back the boundaries of ancient Mediterranean history by thousands of years. But Schliemann was no average dry-as-dust academic.1
Most classical scholars of his era believed that the poems of Homer, the Iliad and the Odyssey, were entirely works of the imagination. Nothing like the Trojan War ever occurred, and the Homeric poems were literature and not in any way historical.
Schliemann had a different attitude. He saw Homer as a historian and his account of the Trojan War as a reliable history. Schliemann was not an academic; he was mostly self-taught. But he was fluent in multiple languages, including ancient Greek, and, having made his fortune in business (including in the California Gold Rush!), he had the resources to test his hypothesis.
In 1871, he began his excavation at Hissarlik, a mound on the Aegean coast of what was then the Ottoman Empire (now Turkey), one of the possible candidates for the site of ancient Troy. Among the artifacts he found there in 1873 was a cache of golden objects, which he labeled “The Treasure of Priam.”2 Priam was the wealthy and powerful king of Troy during the Trojan War, so clearly, reasoned Schliemann, any treasure found in Troy must be his. Some of the treasure was jewelry, and Schliemann took a photo of his wife Sophia wearing what he called “the jewels of Helen of Troy.” Who wears jewelry? Beautiful women. Who was the most beautiful woman in the world, who, according to Homer, was living in Troy? Helen. Ergo, the jewels were hers.
Schliemann believed that having found the remains of a wealthy, hitherto unknown civilization on the site of Troy meant that he had proved his hypothesis, that the Homeric poems were historical. We might see some holes in this argument, but Schliemann didn’t. Instead, having found the home of one side in the Trojan War, he set out in 1876 to explore the home of their opponents. Agamemnon, the leader of the Greek contingent, was called by Homer the King of Mycenae, and so to Mycenae Schliemann went. There, among the artifacts of a pre-classical Greek civilization that would come to be called “Mycenaean,” Schliemann found a hammered-gold death mask. Who would get an elaborate burial with precious grave goods? A king. Who was king of Mycenae? Agamemnon. So Schliemann, naturally, promptly identified it as the “Mask of Agamemnon.”
Schliemann was an important scholar who made significant discoveries, but as you can see, he was enthusiastic to the point of obsession and tended to over-identify with his subject. For example, he named the two children he had with Sophia “Andromache” (the wife of the Trojan hero Hector) and “Agamemnon.”3 In his honor, I refer to examples of later scholars who behave similarly as exhibiting “Schliemann Syndrome.”
One of the most significant, most studied, and most controversial events in ancient Greek history is the Battle of Marathon. The main source for the battle, Herodotus’ Histories, raises a number of questions. For example, Herodotus states that the Athenian army advanced on the invading Persian force “at a run.” Many classicists have questioned whether it was physically possible for the heavily armed Athenian hoplite phalanx to do this, especially given that the two armies were a mile apart. How to resolve the question? Run an experiment with American college students. In 1973, two professors at Penn State, Walter Donlan and James Thompson, equipped Physical Education majors with 15 lbs. of weight and had them run in formation for 1600 yards; they couldn’t do it. Donlan and Thompson concluded that Herodotus’ account was inaccurate.4
Another Marathonian question arises in the aftermath of the battle, when, Herodotus says, the victorious Athenian army marched back to the city as quickly as possible, hoping to arrive before the (still intact) Persian fleet could round the peninsula of Attica.5 Could they have made it back in the time Herodotus says they did? British scholar N.G.L. Hammond (1907-2001), author of a standard textbook in ancient Greek history,6 writes,
Taking the direct route from Mt Pentelicus, I walked fast from Athens to the mound at Marathon in 6 hours and returned the same day to Athens in 7 hours.7
Based on this experience, Hammond concludes that
Herodotus’ account of the timing is plausible.
Perhaps the most dramatic instance of Schliemann Syndrome that I have come across is also connected to the Persian Wars: the reconstructed trireme Olympias. Ancient historians had many questions about the trireme, the three-oared warship that brought the Athenian navy victory in the Battle of Salamis in the 2nd Persian War in 480 and was the foundation of their fifth-century empire. For one, how were the “3 oars” (the literal meaning of “trireme”) arranged? If there were three levels of oars, how was the ship constructed so that they didn’t get tangled up with each other? How easy was the ship to maneuver? How fast could it go?
Another British scholar, John Morrison (1913-2000), hypothesized that the 3 levels of oars were cantilevered out from the hull. He tested his hypothesis by building a full-sized replica of an ancient trireme and then launching it in the Aegean Sea beginning in 1987. I brought Ford Weiskittel, one of the organizers and volunteer rowers involved in this effort, to Mount St Mary’s to speak back in the 1990’s. I took him to dinner before his talk and told him about the concept of Schliemann Syndrome, and then somewhat hesitantly suggested that Olympias was a manifestation of it. He immediately replied, “oh, absolutely.”
Not all instances of Schliemann Syndrome are military. While preparing a class on ancient Greek athletics, I learned about the practice of using halteres, or “jumping weights,” in the long jump event. Curious about how these worked, I discovered a study undertaken at Texas Tech University in which scholars constructed some weights, gave them to student athletes, and measured their efforts.
The history of textiles is another area that lends itself to Schliemann Syndrome. Looking for images of Minoan artifacts, I came across not only the so-called Snake Goddess figurines uncovered in Crete but also modern re-creations of the costume.
The Penelope Project, named for the wife of Odysseus in the Odyssey who tricks her suitors by unraveling by night the shroud she weaves by day, explores the technology of ancient weaving. I’ve also found patterns and videos for making a peplos, the dress worn by ancient Greek women.
I wanted to show a clearer representation of the peplos to my students, so I made Peplos Barbie.8 Uh-oh—I think I’ve caught the Syndrome.
Every year when I teach Gothic architecture in Origins of the West,1 I spend two classes on Chartres cathedral. The first day is devoted to the architecture; the second to the decoration, in both sculpture and stained glass. For sculpture, I focus on the west portal, specifically on the Portal of the Incarnation. This consists of a large tympanum featuring the Madonna Enthroned with Angels, surrounded by archivolts with personifications of the 7 liberal arts (one of the reasons I chose this particular portal).
Below the tympanum are two lintels with scenes from the life of Mary and Jesus. In the bottom register, from left to right, are found the Annunciation, the Visitation, the Nativity, and the Adoration of the Shepherds.
Today (naturally) I want to concentrate on the Nativity.
Notice the iconography: Mary is reclining on a low
couch underneath what looks like a dining room table; a swaddled Jesus sits on
top of the table; Joseph stands to the left and an angel is on the right. One
of the things I point out to my students is the Eucharistic imagery of putting
the body of Jesus on a table—especially since the scene directly above, in the
upper register, is the Circumcision, where the infant Jesus is cut (and
presumably bleeds) by a priest at an altar.
What I always found curious, however, is the representation of Mary lying on the bed. Mind you, this would have been a sensible thing for her to do, having just given birth. For a long time I assumed that this iconography was unique to this sculpture, but then I discovered that Mary is in the same reclining position in the Incarnation window, a stained-glass window in the west façade of the cathedral.
So maybe it was a regional peculiarity, I thought. After all, I know what Nativity scenes look like—I’ve got one that I set up every year, that was given to my mother as a child. Maybe you have one too, or you’ve seen them set up in churches or parks. Mary is always depicted kneeling, looking down at her child, who is lying in a manger set on the ground.
My regional hypothesis was disproved, however, when I discovered another instance of a reclining Madonna in the Nativity scene in the Sienese painter Duccio’s Maestà altarpiece of 1308. In this one, she appears to be resting on a giant red beanbag chair (ok, I guess it’s probably a blanket or a cloak). A google image search turns up further medieval examples.
So it appears that it was quite commonplace in the Middle Ages for Mary to be depicted lying down after the birth of Jesus. How do we account for my mother’s Nativity set, then? When and why did the iconography of the Nativity change from the reclining Madonna to a kneeling Madonna?
The answers are, in the late 14th century, and because of St Birgitta of Sweden.2 Birgitta Birgersdottir was born into the Swedish nobility in 1302 or 1303. She married Ulf Gudmarsson at age 13 and bore 8 children. After her husband’s death, she felt called to a spiritual life and began having revelations, which were recorded by her confessors. She made a pilgrimage to Rome in 1350 and remained there, never returning to Sweden. Like her contemporary Catherine of Siena (whom she probably never met), she was a prophetic voice for the reform of the Church, in particular advocating for the return of the papacy to Rome from Avignon.3
In 1372, the year before she died, Birgitta made a
pilgrimage to the Holy Land. In Bethlehem, she had a vision of the Nativity of
Jesus, described in book VII of her Revelations:
. . . the Virgin knelt with great reverence, putting herself at prayer, and she kept her back toward the manger and her face lifted to heaven toward the east. And so, with raised hands and with her eyes intent on heaven, she was as if suspended in an ecstasy of contemplation, inebriated with divine sweetness. And while she was thus in prayer, I saw the One lying in her womb then move; and then and there, in a moment and the twinkling of an eye, she gave birth to a Son, from whom there went out such great and ineffable splendor that the sun could not be compared to it. . . . I saw that glorious infant lying on the earth, naked and glowing in the greatest of neatness. . . .
When therefore the Virgin felt that she had now given birth, at once, having bowed her head and joined her hands, with great dignity and reverence she adored the boy and said to him: “Welcome, my God, my Lord, and my Son!”
From Birgitta of Sweden: Life and Selected Revelations, ed. Marguerite Tjader Harris, trans. Albert Ryle Kezel, Classics of Western Spirituality (New York: Paulist Press, 1990), p. 203.
Here we find the familiar setup: Mary on her knees
gazing down at her newborn child. I was surprised to read that in Birgitta’s
vision, she saw Mary actually give birth in the kneeling position; I had
assumed that it was postpartum.
The new iconography based on Birgitta’s vision did not take long to show up in Italian art. One of the earliest representations, by Niccolo di Tommaso (d. 1376), depicts Birgitta herself (in the lower right corner) in the act of having her vision.
Another early example, by Lorenzo Monaco, dates to 1406-1410. In this representation we also see the baby Jesus glowing with “great and ineffable light.”
By the 15th century, the iconography of the kneeling Madonna had become standard. But someone ought to produce a set of Nativity figurines featuring a reclining Madonna—I think there would be a market for it.
Happy Beethoven Day! Have you made your plans yet for #Beethoven250? This will be a year-long celebration in 2020 to mark the 250th anniversary of Beethoven’s birth.
I got an early start on the festivities on Saturday, when I performed Beethoven’s Sonatina in F major at this semester’s recital for adult music students at Frederick Community College (FCC), where I study piano. Or did I? That is, I really performed it (from memory, I might add), but is it really by Beethoven?
Soon after I started learning it, my teacher at FCC, Dr. John Wickelgren, casually mentioned one day, “This probably isn’t by Beethoven.”
I said, “What are you talking about? It says ‘Beethoven’
right there on the music.”
He explained, “It’s got an Anhang number. That’s the appendix to the Kinsky-Halm Beethoven
catalog. It means that the attribution is probably spurious.”
I asked, “On what grounds? What’s the evidence?”
He replied, “I don’t know. You’ll have to look in
Kinsky-Halm. I’m not even sure if that’s a hyphenated name or if it’s two different
The Mount Saint Mary’s library didn’t have the Kinsky-Halm catalog, so while I was waiting for the Interlibrary Loan to arrive I tried to see what I could find out online. First of all, Kinsky and Halm were two people, Georg L. Kinsky and Hans Halm. Georg Kinsky (1882-1951), according to Grove Music Online, was a lecturer in musicology at the University of Cologne from 1921-1932, after which, his biography states ominously, “he worked privately.” The bio doesn’t say, but I assume he was Jewish, especially since it notes that he was sentenced to hard labor in 1944 (no further details). Kinsky survived the war and worked on the Beethoven catalog until his death in 1951. The catalog was completed by Hans Halm (1898-1965), the music librarian at the Munich State Library, and published in 1955 as Das Werk Beethovens / Thematisch-Bibliographisches Verzeichnis seiner sämtlichen vollendeten Kompositions (Beethoven’s Works / Thematic-Bibliographic List of His Completed Compositions).
Once the catalog arrived, I eagerly looked to see what it said about my Sonatina. It’s one of a group of two, along with a Sonatina in G major. Both of them are staples of the intermediate piano repertoire. Neither has an opus number, which means they were not published by Beethoven during his lifetime.
Nor are the two Sonatinas listed among the Werke ohne Opuszahl(“WoO”), or “Works without opus number,” pieces that Kinsky determined were definitely by Beethoven but that remained unpublished during his lifetime. There are over 200 works in this category, some of them never or rarely performed but others quite well-known. The most famous of these is probably WoO 59, more commonly known as “Für Elise.”1 The two Sonatinas are in another category, the Anhang, or appendix. These are works that have been attributed to Beethoven, but the attribution is doubtful. The Sonatinas are Anhang 5, numbers 1 and 2.
Two questions need to be answered. First, how did the Sonatinas come to be attributed to Beethoven? Second, why is that attribution now considered to be spurious? In other words, why are they in the Anhang and not the WoO? The entry in Kinsky-Halm provides information to help answer both questions.2
In answer to the first, the Sonatinas were published under Beethoven’s name, during his lifetime, as early as 1807 (Beethoven died in 1827). The 1807 publication was by a publisher named Louis-Rudolphus, located in Altona (near Hamburg, in northern Germany). The title-page reads, “II SONATINES / pour le Piano-Forte / Composées par / L. van Beethoven. / Altona chéz Louis Rudolphus.”
In answer to the second, Beethoven had no known relationship with the publisher in Altona. Furthermore, no manuscripts of the Sonatinas survive, nor did Beethoven ever mention them in any of his writings. It appears that the publisher thought that the Beethoven name would sell sheet music, so he attached it to someone else’s composition, and the attribution stuck.3 If this is true, then two people were cheated: Beethoven, who never received a pfennig for the use of his name, and the unknown actual composer, whose two charming works have been performed for over 100 years without his receiving credit.
So it looks like the two Sonatinas that are typically the first Beethoven works a beginning pianist learns—even before “Für Elise Therese”—are not by Beethoven at all. And I’ve got to admit, they don’t actually sound very much like Beethoven. They’re lovely, but they have no particularly Beethovenian characteristics (like sforzandi, sudden strong accents in unexpected places). They sound like the works of a run-of-the-mill classical-era composer.
In classical and medieval studies, we have a way of referring to exactly the scenario I’ve described regarding the two Beethoven Sonatinas. If a work was at one time ascribed to a particular author (perhaps because of the subject matter, or because it was included in a manuscript with other works by that author), but further research has shown that it couldn’t have been by that person (typically on chronological or linguistic grounds), and there’s no evidence to determine who really wrote it, then the work is identified as being by “Pseudo-[name].” For example, one of the sources I used in my dissertation was an early-medieval theologian referred to as “Pseudo-Dionysius the Areopagite.” In my recently-concluded Ancient Greece class, we read a description of Athenian democracy originally attributed to Xenophon but now identified as “Pseudo-Xenophon.”4
I’ve never seen this usage applied in a musicological context, but I propose that it should be. Henceforth, the Sonatinas in F and G, Anhang 5 nos. 1 and 2, shall be identified as having been composed by “Pseudo-Beethoven.” You heard it here first.
BONUS: Here’san unusual performance of the F major Sonatina, by Tobias Koch, who added his own improvisatory flourishes.
I wrote this essay originally for a summer faculty seminar at Mount St Mary’s University held in 2007 on the American founding, directed by Dr Peter Dorsey of the English department. I learned most of the medieval material from the graduate seminars I took from Brian Tierney at Cornell: Francis of Assisi and the Franciscans, Church and State in the Middle Ages, Medieval Conciliarism, and Medieval Canon Law, as well as from his published works as specified in the notes. I publish it here as a tribute to him.
In the preface to his 1927 book The Twelfth-Century Renaissance, Charles Homer Haskins wrote,
“The title of this book will appear to many to contain a flagrant contradiction. A renaissance in the twelfth century! Do not the Middle Ages, that epoch of ignorance, stagnation, and gloom, stand in the sharpest contrast to the light and progress and freedom of the Italian Renaissance which followed? How could there be a renaissance in the Middle Ages, when men had no eye for the joy and beauty and knowledge of this passing world, their gaze ever fixed on the terrors of the world to come?”
Haskins’ rhetorical questions apply equally to my subtitle. Medieval
Origins of the Declaration of Independence! Do not the Middle Ages, that epoch
of ignorance, stagnation, and gloom, stand in the sharpest contrast to the
light and progress and freedom of the Enlightenment? How could the Middle Ages
have anything to do with the Declaration of Independence, when medieval people
knew nothing of natural rights, government by consent, or a right of rebellion,
their gaze ever fixed on the terrors of the world to come?
Haskins justified his title this way: “The answer is that the continuity of history rejects such sharp and violent contrasts between successive periods, and that modern research shows us the Middle Ages less dark and less static, the Renaissance less bright and less sudden, than was once supposed.” 1 The historiographical movement Haskins represented has been termed “The Revolt of the Medievalists”; this is the historiographical tradition in which Brian Tierney worked. I would like to extend this revolt to tracing the medieval roots of the Declaration.
In an episode of the 1980’s sitcom Family Ties, Alex Keaton, played by Michael J. Fox, dreams that he is watching Thomas Jefferson (played by Alex’s father in the dream) draft the Declaration of Independence. In addition to proposing a few changes in wording (“try ‘self-evident,’ Mr. Jefferson”), Alex also suggests that he use “brown crinkly paper” to write it on. 2 The scene works because not only do we know what the Declaration is supposed to sound like—we know that it says “we hold these truths to be self-evident,” not “really obvious”—we know what it’s supposed to look like. And what it looks like is medieval.
Thomas Jefferson didn’t produce the famous version on the brown crinkly paper (actually parchment, which is also what medieval documents were written on); his handwritten draft survives, written in a surprisingly legible hand and with no special formatting. After the final text of the Declaration was approved on July 4, the Continental Congress directed that the text be “engrossed on parchment.”3 This task was undertaken by Timothy Matlack, assistant to Charles Thomson, Secretary of the Congress. 4 The layout of Matlack’s version follows point by point the layout of medieval papal documents.
Here we see the familiar image of the official copy of the Declaration below a privilege issued by Pope Gregory IX in 1234. The languages and the scripts are different, of course, but otherwise the two documents look strikingly similar. Both highlight their opening words in larger letters that use a different script from the main body of the text. Both occasionally vary the script used in the body. Both have witnesses’ signatures, each of which is accompanied by a distinguishing flourish, arranged in vertical columns at the bottom of the page, with the main signatures (John Hancock and Pope Gregory IX) larger and in the center.
I’m not suggesting, of course, that Timothy Matlack had a papal charter next to him when he dipped his quill into the ink to begin writing “In Congress.” My hypothesis is that the visual format of ecclesiastical documents influenced the look of royal documents, probably by means of clergymen working in royal chanceries—it’s no accident that “cleric” and “clerk” are the same word in Latin (clericus). Then I suspect that colonial charters followed the format of other royal documents, and the colonial charters influenced the look of the Declaration. Someday I’ll take the time to document this hypothesis (yet another retirement project!).
This same path was followed by several of the important
ideas in the Declaration. Concepts
developed in the church, especially by canon lawyers, were applied to secular
governments, including the kingdom of England, and then some of them crossed the Atlantic. These ideas include the existence of natural
rights, government by consent, and the right of rebellion.
Among the truths that the Declaration of Independence holds to be self-evident is that all men “are endowed by their Creator with certain inalienable rights, that among these are life, liberty, and the pursuit of happiness.” Jefferson, clearly, is drawing on the early modern philosophical tradition of natural rights, especially as developed by John Locke (whose formulation was “life, liberty, and property”). But the early modern rights theorists were themselves drawing on a medieval tradition that began with the twelfth-century Decretists and really got going in the fourteenth-century disputes between the Franciscans and the papacy, a tradition that has been documented in the works of Brian Tierney and which I studied in his courses.
Gratian’s Decretum is a collection of canon law texts
compiled around 1140; it includes papal decrees, conciliar pronouncements, and
excerpts from the Church Fathers, all arranged topically. Many of the texts
contradict each other (the collection’s official title is Concordia Discordantium Canonum, or “Concordance of Discordant
Canons”), so canon lawyers immediately began to write commentaries that
explored the issued raised by these opposing texts. These commentators on the Decretum are called
One of the issues the twelfth-century Decretists debated in their commentaries was the origins of private property. The Decretum includes a text that states, “by natural law all things are common.” Human institutions are supposed to reflect natural law, so the Decretists needed somehow to account for the existence of private property. The Decretist Huguccio, for example, concluded that “common” (commune in Latin) meant “to be shared [communicanda] in time of necessity.” But otherwise, individuals had a right to their own property. 5
All the definitions, distinctions, and speculations of the Decretists regarding property were put to good use in the fourteenth-century Franciscan poverty disputes. For centuries Benedictine monks had given up all personal possessions when they joined the monastery, but the monastery as a whole owned plenty of property which the monks were able to share (their model was the early Christian community described in Acts 4:32-35, which “held everything in common”). In his attempt to follow the commandments of the Gospel literally, Francis of Assisi had embraced absolute poverty, enjoining his friars, as the formula had it, to own nothing “either individually or in common.” The problem is that it’s difficult to live that way, especially as the order grew larger and expanded its ministry. The working solution, established in the bull Ordinem vestrem issued in 1245 by Pope Innocent IV, was that buildings, furniture, books, clothing and so forth donated to the Franciscans would be owned by the church as a whole and just “used” by the Franciscans.
This compromise distinguishing between ownership and use was not acceptable to all the Franciscans, however. A splinter group, known as the Spirituals, saw this compromise as a corruption of Franciscan ideals (and therefore of the Gospel). They insisted on what they called “poor use”—it wasn’t enough simply to renounce legal ownership; one should actually live in poverty. The papacy saw the Spirituals as dangerous, because they could easily go from claiming to be holier than churchmen who lived in luxury to claiming that all property held by the church was illegitimate, because it was contrary to the absolute poverty of Christ and the Apostles.
The Spirituals’ position played into the hands of supporters of the Holy Roman Emperor against the temporal claims of the papacy. Faced with this threat, in 1323 Pope John XXII, in the bull Cum inter nonnullos, declared the belief that Christ and the Apostles were absolutely poor to be heretical. To justify the papal position, opponents of the Spirituals asserted a natural right to property. They argued that it is impossible to renounce this right (in other words, it is inalienable) because, while one might give up one’s possessions, one can never renounce the right to one’s own body or to items consumable in use (like food—how can you say you don’t own the food that you swallow and digest?). The rich tradition of medieval discussion of rights was passed on to the seventeenth-century theorists. 6
Another self-evident truth found in the Declaration of Independence is that governments derive “their just powers from the consent of the governed.” The idea that this consent could best be expressed by means of a representative assembly such as a Parliament developed in the Middle Ages. Eighteenth-century American Whigs frequently referred to the Magna Carta as one of the sources of their rights as Englishmen. Item twelve of Magna Carta states that the King agrees that “No scutage or aid [types of monetary contributions to the crown] may be levied in our kingdom without its general consent.” (This, of course, is the urtext for “No taxation without representation”).
But an additional source for the idea of consent comes not from common law but from canon law. Beginning around 1200, canonists began to cite a formula they found in Roman law (although in a completely different context 7), Quod omnes tangit ab omnibus approbetur, or “What touches all ought to be approved by all,” when referring first to the operation of ecclesiastical corporations (such as monasteries, religious orders or cathedral chapters) and then as a justification for church councils. 8
Soon the phrase began to appear in secular contexts as well. For example, in 1293, the government of the Florentine popolo issued a law code called the Ordinances of Justice whose first rubric echoes Quod omnes tangit: “that is agreed to be most perfect which . . . is approved by the judgment of all.” 9 Two years later, King Edward I of England issued a summons to Parliament that included these words: “a most just law, established by the careful providence of sacred princes, exhorts and decrees that what affects all, by all should be approved.” 10
When a government based on consent begins to act tyrannically, wrote Jefferson, the people have a right to rebel against it: “When a long train of abuses and usurpations, pursuing invariably the same Object evinces a design to reduce them under absolute Despotism, it is their right, it is their duty, to throw off such Government.” This passage is another part of the Declaration that is usually considered to be Lockean. But again, medieval canonists also wrote about circumstances in which a people might remove their ruler. In the twelfth century, Decretists became concerned about what would happen if the pope were to be a heretic. This would be very dangerous, because a heretical pope could infect the faithful with his incorrect teachings and thereby jeopardize their eternal salvation. The Decretists concluded that the Church, as represented in a General Council, could depose a heretical pope. But some Decretists took their logic a bit further—what if the pope committed not heresy but some other serious sin? Given his position, wouldn’t that be just as bad? What if, for example, he were a fornicator? Huguccio imagines the situation:
“But I believe that it is the same in any notorious crime, that the pope can be accused and condemned if, being admonished, he is not willing to desist. What then? Behold, he steals publicly, he fornicates publicly, he keeps a concubine publicly, he has intercourse with her publicly in the church, near the altar or on it, and being admonished will not desist. Shall he not be accused? Shall he not be condemned? Is it not like heresy to scandalize the church in such a fashion?”11
Huguccio’s list of imaginary papal sins reminds me of the
crimes Jefferson attributed to George III. Huguccio
denied that a General Council could actually sit in judgment on a sinful pope,
because a pope can be judged by no one. Rather, because of his sins he was
incapable of being pope and therefore automatically deposed himself. The
Council simply “declared” that he had done so. Is that possibly what Jefferson
thought he was doing when he listed the king’s crimes as part of declaring
The twelfth-century canonists were thinking hypothetically, but in the late fourteenth-century a situation actually arose in which the pope appeared to be endangering the whole body of the church. During the Great Schism, which began in 1378, first two, then (after 1409) three men all claimed to be the legitimately elected pope and all of them refused any concession or compromise. Drawing on the ideas of Decretists like Huguccio, writers known as Conciliarists argued that in such a dire situation the whole church, as represented in a General Council, had a right to depose the schismatic popes. The first attempt to do so, the Council of Pisa, failed (that’s where the third pope came from), but the 1415 Council of Constance successfully asserted the powers of a General Council, deposed all three popes, and elected a new one.
The Conciliarists, however, went beyond the emergency situation; they believed that the church would be better off if General Councils met regularly, instead of only in a crisis, in hopes that crises would not develop. In other words, they believed in parliamentary government for the church. In 1417 the Council of Constance issued the decree Frequens, which stipulated that from then on General Councils should meet at regular intervals. 12
The Conciliarists, as you may have noticed, ultimately were not successful; the Catholic Church did not become a constitutional monarchy. But their writings were eagerly adapted by seventeenth-century English Parliamentarians during the English Civil War—wherever they read “Pope” they substituted “King,” and for “General Council” they substituted “Parliament.” The 1689 English Bill of Rights includes a provision “that for redress of all grievances, and for the amending, strengthening and preserving of the laws, Parliaments ought to be held frequently.” This was clearly inspired partly by Charles I’s failure to summon Parliament between 1629 and 1640, but it is also a definite echo of Frequens.
Alan Gibson, in Interpreting
the Founding, characterizes J.G.A. Pocock’s republican approach to the
American founding as
“a sweeping narrative that traces the transmissions and transformations of the civic humanist tradition of political thought through three reconstructions: the first in fifteenth-and sixteenth-century Florence (“The Machiavellian Moment”), the second in early modern England (“The Harringtonian Moment”), and a third in revolutionary America.” 13
I would like to suggest that Pocock’s “sweeping narrative” didn’t begin far enough back, and further that it is itself trapped in a sweeping narrative invented in the Renaissance and strengthened in the Enlightenment—the threefold periodization of the western tradition into ancient, medieval and modern. American history is modern history; it therefore by definition can’t be medieval. Brian Tierney, the historian who has done the most to uncover the medieval, and especially the canonical, roots of modern political ideas, has written that the history of constitutional thought can’t be understood “unless we consider the whole period from 1150 to 1650 as a single era of essentially continuous development.” 14
Or, to put it another way, perhaps we should consider the ideological origins of the American Revolution to begin, not with a Machiavellian, but a Huguccian Moment.
It occurred to me recently that I haven’t yet done any posts on a medieval topic, my actual scholarly specialty (or, you could say, the one thing I’m not a dilettante in). My dissertation director (or Doktorvater, as they say in German), died recently, so now seemed like a good time to remedy this situation. These entries will serve as my memorial to Brian Tierney, medieval history professor emeritus at Cornell University, who died on December 1, 2019, at the age of 97.
Back in 1990 I gave a paper at a medieval studies conference in New Hampshire. One night there was a dinner for the participants, most of whom didn’t know each other. Someone at my table decided to do an icebreaker and asked everyone to say what had inspired them to go into medieval studies. People gave only two answers: everyone either said it was reading Sir Walter Scott’s Ivanhoe or having an inspiring teacher. At that point I had not yet read Ivanhoe; my answer was “inspiring teachers,” namely, Thomas Turley, the medieval history professor at my undergraduate institution, Santa Clara University, and Brian Tierney.
I didn’t start college with the intent of becoming a medieval historian, or indeed any kind of historian, or even any kind of academic. After taking a school trip in ninth grade to Washington, D.C. and visiting the Smithsonian, I’d dreamed of becoming a museum curator, and I entered Santa Clara University planning to do an interdisciplinary self-designed major that would prepare me for that. In the meantime, I got myself a job as a student worker at our university museum, the De Saisset.
You couldn’t propose the self-designed major until
sophomore year, so at the beginning of that year I was still undeclared. I
signed up for a course in Ancient and Medieval History, taught by Tom Turley,
to fulfill a requirement for the University Honors Program; I also registered
for the first course in the Philosophy sequence (also required for the Honors
Program) and the first course in the Art History sequence (which I figured
would be useful for a future museum curator).1 In other words, I was studying ancient Greek
history, philosophy, and art all at the same time, and similarly throughout the
rest of the term. Many years later, when I began teaching at Mount St Mary’s,
we would call such paired courses (we only did two at a time) a “cluster”—we
clustered history courses with either art or literature. Back in 1977, I didn’t
have a name for what I was doing, but I knew I loved it.
When we got to the medieval part of the history course, Turley assigned us the book Crisis of Church and State, 1050-1300, written by his own Doktorvater, Brian Tierney. Crisis is an anthology of primary sources on the medieval conflicts between empire and papacy, introduced by Tierney’s own historical commentary. I was hooked. I had known nothing about this topic; I probably just assumed that back then the pope ran everything. I had never heard of events like the Investiture Contest. I found it all fascinating, and loved reading both the primary documents and Tierney’s clear and insightful analysis of them. I thought to myself, “I wish I could do something like that.” This was the beginning of my conversion to the academic life.
By the end of that year, I’d ditched the idea of an interdisciplinary major and declared a history major (I’d decided that even to prepare for a museum job I could benefit from the rigor of disciplinary study). The next year I signed up for Turley’s medieval history course and wrote my first history research paper on the eleventh-century pope Gregory VII, whom I’d first encountered in Crisis of Church and State. That summer, at Turley’s suggestion, I expanded my Gregory VII paper from 10 to 25 pages. We didn’t have a required senior project in either the history major or the Honors Program; I didn’t do the expanded version to fulfill any requirement or even for course credit. I did it because I thought it was worth doing.2 By this point I found myself thinking how much more I enjoyed research and writing than I enjoyed working in the museum, and eventually I decided to pursue an academic calling. When it was time to apply to graduate school, I figured I’d probably end up at UC Berkeley, just 50 miles up the road, but just for fun I also applied to Cornell University, where Brian Tierney taught (I liked the idea of studying with my teacher’s teacher). Much to my surprise, Cornell not only accepted me but also made me a better financial offer than Berkeley. So off to Ithaca I went.
That was one of the best decisions I ever made. I
loved living in Ithaca. I even loved the winters and took up ice skating to
take advantage of them. I loved my courses. I didn’t end up writing my
dissertation about Gregory VII; I chose a new topic after hearing about it in a
course on medieval and Renaissance Florence taught by another inspiring
teacher, John Najemy. I loved my topic—the political thought of the Florentine
Dominican Remigio dei Girolami—and I loved working with both Tierney and Najemy
on it. And, of course, I also found love—I met my husband in a Cornell dining
NEXT: What I learned about the Middle Ages from Brian
Last summer my husband and I traveled to the UK for a family wedding and combined it with a brief vacation. Having just binge-watched the mini-series Victoriabefore we left, the Victoria and Albert Museum (the V & A) was a must-see.
We were thrilled to discover a small special exhibit in celebration of the bicentennial of both Victoria’s and Albert’s 1819 births entitled “Building the Museum.”1 The exhibit chronicled the role of the Queen and the Prince Consort in the planning of the Great Exhibition of 1851 (also known as the Crystal Palace) and how the V & A grew out of it. We’d just seen the Victoria episode on the Exhibition, so this was perfect. We must have looked interested, because a docent stationed in the gallery came over to us and gave us an impromptu tour.
One of the things we learned was that Henry Cole, who organized the Great Exhibition, was also the first director of what became the V & A. Cole saw the mission of the new museum as educational, and part of that mission was to elevate the taste of the public. To that end, he put on an exhibit in 1852 called the “Gallery of False Principles” that provided both good and bad examples of design (the press referred to it as the “Chamber of Horrors”). The “False Principles” included decorating a home with representations of objects rather than the objects themselves. For example, one of the items in Cole’s original exhibit also included in the”Building the Museum” exhibit was a sample of wallpaper printed with a pattern of Gothic architectural ornamentation. This is a “false principle” because the papered wall doesn’t really have Gothic ornamentation on it but only a printed representation of it.
Another example, our docent explained, would be a
flowered carpet. At that point I interrupted her, saying, “It’s just like that
scene in Dickens’ Hard Times where
the government official tells the students that they shouldn’t have flowered
carpets or wallpaper with horses on it!” The docent responded excitedly, “Wallpaper
with horses was one of the examples!”
I teach Hard Times every fall in my modern European history class. The novel, first published in 1854, is set in Coketown, a fictional northern English industrial city. Hard Times opens with a scene in a school founded by Mr Thomas Gradgrind, a wealthy industrialist who believes in teaching only Facts.2 Gradgrind, along with an unnamed visiting government official (referred to only as “the gentleman”), is visiting a class taught by Mr M’Choakumchild.3 The gentleman asks the students,
“Would you paper a room with representations of horses?”
Some say yes, some no, whereupon the gentleman explains,
“Do you ever see horses walking up and down the sides of rooms in reality—in fact? Do you? . . . Why then, you are not to see anywhere, what you don’t see in fact; you are not to have anywhere, what you don’t have in fact. What is called Taste, is only another name for Fact.”
In case the children didn’t get the point, he poses
“Would you use a carpet having a representation of flowers upon it?”
One of the students, Sissy Jupe, daughter of a circus clown, says she would. When the gentleman asks her why, she says,
“If you please, Sir, I am very fond of flowers.”
“And that is why you would put tables and chairs upon them, and have people walking over them with heavy boots?”
“It wouldn’t hurt them, Sir. They wouldn’t crush and wither, if you please, Sir. They would be the pictures of what was very pretty and pleasant, and I would fancy—”
“Ay, ay, ay! But you mustn’t fancy,” cried the gentleman, quite elated by coming so happily to his point. “That’s it! You are never to fancy.”
This opening scene sets up the conflict between Fact
(represented by Gradgrind and his school) and Fancy (represented by Sissy and
the circus) that drives the rest of the novel. (Spoiler alert: Fancy wins.)
I was very pleased to be able to show my students this fall the photo I took of the objectionable Gothic wallpaper. I couldn’t take a photo of the equestrian wallpaper, as it wasn’t included in the “Building the Museum” exhibit, but I have since found it in their collection.
I had always assumed that the nameless government
inspector who intimidates poor Sissy Jupe was exaggerated to the point of absurdity
in order for Dickens to make his point about the weaknesses of an education
based solely on Fact. I was stunned, but delighted, to learn that the character
was not an exaggeration but was, if you’ll pardon the expression, based on fact—a
thinly disguised version of Henry Cole. The inspector’s closing remarks could
easily have been spoken by Cole:
“You are not to have, in any object of use or ornament, what would be a contradiction in fact. You don’t walk upon flowers in fact; you cannot be allowed to walk upon flowers in carpets. You don’t find that foreign birds and butterflies come and perch upon your crockery; you cannot be permitted to paint foreign birds and butterflies upon your crockery. You never meet with quadrupeds going up and down walls; you must not have quadrupeds represented upon walls. You must use,” said the gentleman, “for all these purposes, combinations and modifications (in primary colors) of mathematical figures which are susceptible of proof and demonstration. This is the new discovery. This is fact. This is taste.”
Having served his philosophical and narrative purpose, the gentleman from the government with the limited taste in wallpaper does not appear again in the novel. Maybe Dickens didn’t give a name to the character because he knew that 1850s readers would recognize him as Henry Cole–and now you can, too.