THE THIRTEENTH GREATEST OF CENTURIES
I.
INTRODUCTION.
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It cannot but seem a paradox to say that the Thirteenth was the greatest
of centuries. To most people the idea will appear at once so preposterous that
they may not even care to consider it. A certain number, of course, will have
their curiosity piqued by the thought that anyone should evolve so curious a
notion. Either of these attitudes of mind will yield at once to a more properly
receptive mood if it is recalled that the Thirteenth is the century of the
Gothic cathedrals, of the foundation of the university, of the signing of Magna
Charta, and of the origin of representative government with something like
constitutional guarantees throughout the west of Europe. The cathedrals
represent a development in the arts that has probably never been equaled either
before or since. The university was a definite creation of these generations
that has lived and maintained its usefulness practically in the same form in
which it was then cast for the seven centuries ever since. The foundation
stones of modern liberties are to be found in the documents which for the first
time declared the rights of man during this precious period.
A little consideration of the men who, at this period, lived lives of
undying influence on mankind, will still further attract the attention of those
who have not usually grouped these great characters together. Just before the
century opened, three great rulers died at the height of their influence. They
are still and will always be the subject of men's thoughts and of literature.
They were Frederick Barbarossa, Saladin, and Richard Coeur De Lion. They formed
but a suggestive prelude of what was to come in the following century, when
such great monarchs as St. Louis of France, St. Ferdinand of Spain, Alfonso the
Wise of Castile, Frederick II of Germany, Edward I, the English Justinian,
Rudolph of Hapsburg, whose descendants still rule in Austria, and Robert Bruce,
occupied the thrones of Europe. Was it by chance or Providence that the same
century saw the rise of and the beginning of the fall of that great Eastern
monarchy which had been created by the genius for conquest of Genghis Khan, the
Tatar warrior, who ruled over all the Eastern world from beyond what are now
the western confines of Russia, Poland, and Hungary, into and including what we
now call China.
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But the thrones of Europe and of Asia did not monopolize the great men
of the time. The Thirteenth Century claims such wonderful churchmen as St.
Francis and St. Dominic, and while it has only the influence of St. Hugh of
Lincoln, who died just as it began, it can be proud of St. Edmund of
Canterbury, Stephen Langton, and Robert Grosseteste,
all men whose place in history is due to what they did for their people, and
such magnificent women as Queen Blanche of Castile, St. Clare of Assisi, and
St. Elizabeth of Hungary. The century opened with one of the greatest of the
Popes on the throne, Innocent III, and it closed with the most misunderstood of
Popes, who is in spite of this one of the worthiest successors of Peter,
Boniface VIII. During the century there had been such men as Honorius IV, the
Patron of Learning, Gregory IX, to whom Canon Law owes so much, and John XXI, who
had been famous as a scientist before becoming Pope. There are such scholars as
St. Thomas of Aquin, Albertus Magnus, Roger Bacon, St. Bonaventure, Duns Scotus,
Raymond Lully, Vincent of Beauvais, and Alexander of Hales, and such patrons of
learning as Robert of Sorbonne, and the founders of nearly twenty universities.
There were such artists as Gaddi, Cimabue, and above
all Giotto, and such literary men as the authors of the Arthur Legends and the Nibelungen, the Meistersingers, the Minnesingers, the Troubadours,
and Trouvères, and above all Dante, who is
universally considered now to be one of the greatest literary men of all times,
but who was not, as is so often thought and said, a solitary phenomenon in the
period, but only the culmination of a great literary movement that had to have
some such supreme expression of itself as this in order to properly round out
the cycle of its existence.
If in addition it be said that this century saw the birth of the
democratic spirit in many different ways in the various countries of Europe,
but always in such form that it was never quite to die out again, the reasons
for talking of it as possibly the greatest of centuries will be readily
appreciated even by those whose reading has not given them any preliminary basis
of information with regard to this period, which has unfortunately been
shrouded from the eyes of most people by the fact, that its place in the midst
of the Middle Ages would seem to preclude all possibility of the idea that it
could represent a great phase of the development of the human intellect and its
esthetic possibilities.
There would seem to be one more or less insuperable objection to the
consideration of the Thirteenth as the greatest of centuries, and that arises
from the fact that the idea of evolution has consciously and unconsciously
tinged the thoughts of our generation to such a degree, that it seems almost
impossible to think of a period so far in the distant past as having produced
results comparable with those that naturally flow from the heightened
development of a long subsequent epoch. Whatever of truth there may be in the
great theory of evolution, however, it must not be forgotten that no added
evidence for its acceptance can be obtained from the intellectual history of
the human race. We may be "the heirs of all the ages in the foremost files
of time", but one thing is certain, that we can scarcely hope to equal,
and do not at all think of surpassing, some of the great literary achievements
of long past ages.
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In the things of the spirit apparently there is very little, if any,
evolution. Homer wrote nearly three thousand years ago as supreme an expression
of human life in absolute literary values as the world has ever known, or, with
all reverence for the future be it said, is ever likely to know. The great
dramatic poem Job emanated from a Hebrew poet in those earlier times, and yet,
if judged from the standpoint of mere literature, is as surpassing an
expression of human intelligence in the presence of the mystery of evil as has
ever come from the mind of man. We are no nearer the solution of the problem of
evil in life, though thousands of years have passed and man has been much
occupied with the thoughts that disturbed the mind of the ruler of Moab. The
Code of Hammurabi, recently discovered, has shown very definitely, that men
could make laws nearly five thousand years ago as well calculated to correct
human abuses as those our legislators spend so much time over at present, and
the olden time laws were probably quite as effective as ours can hope to be,
for all our well intentioned purpose and praiseworthy efforts at reform.
It used to be a favorite expression of Virchow, the great German
pathologist, who was, besides, however, the greatest of living anthropologists,
that from the history of the human race the theory of evolution receives no
confirmation of any kind. His favorite subject, the study of skulls, and their
conformation in the five thousand years through which such remains could be
traced, showed him absolutely no change. For him there had been also no
development in the intellectual order in human life during the long period of
human history. Of course this is comparatively brief if the long eons of
geological times be considered, yet some development might be expected to
manifest itself in the more than two hundred generations that have come and
gone since the beginning of human memory. Perhaps, then, the prejudice with
regard to evolution and its supposed effectiveness in making the men of more
recent times superior to those of the past, may be considered to have very
little weight as an a priori objection to the consideration of the Thirteenth
Century as representing the highest stage in human accomplishment. So far as
scientific anthropology goes there is utter indifference as to the period that
may be selected as representing man at his best.
| Carcassonne, France, a Middle Age Town |
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To most people the greater portion of surprise with regard to the
assertion of the Thirteenth as the greatest of centuries will be the fact that
the period thus picked out is almost in the heart of the Middle Ages. It would
be not so amazing if the fifth century before Christ, which produced such
marvelous accomplishments in letters and art and philosophy among the Greeks,
was chosen as the greatest of human epochs. There might not even be so much of
unpreparedness of mind if that supreme century of Roman History, from fifty
years before Christ to fifty years after, were picked out for such signal
notice. We have grown accustomed however to think of the Middle Ages as
hopelessly backward in the opportunities they afforded men for the expression
of their intellectual and artistic faculties, and above all for any development
of that human liberty which means so much for the happiness of the race and
must constitute the basis of any real advance worth while talking about in
human affairs. It is this that would make the Thirteenth Century seem out of
place in any comparative study for the purpose of determining proportionate
epochal greatness. The spirit breathes where it will, however, and there was a
mighty wind of the spirit of human progress abroad in that Thirteenth Century,
whose effects usually miss proper recognition in history, because people fail
to group together in their minds all the influences in our modern life that come
to us from that precious period. All this present volume pretends to do is to
gather these scattered details of influence in order to make the age in which
they all coincided so wonderfully, be properly appreciated.
If we accept the usual historical division which places the Middle Ages
during the thousand years between the fall of the Roman Empire, in the Fifth
Century and the fall of the Grecian Empire of Constantinople, about the middle
of the Fifteenth, the Thirteenth Century must be considered the culmination of
that middle age. It is three centuries before the Renaissance, and to most
minds that magical word represents the beginning of all that is modern and
therefore all that is best, in the world. Most people forget entirely how much
of progress had been made before the so-called Renaissance, and how many great
writers and artists had been fostering the taste and developing the
intelligence of the people of Italy long before the fall of Constantinople. The
Renaissance, after all, means only the re-birth of Greek ideas and ideals, of
Greek letters and arts, into the modern world. If this new birth of Greek
esthetics had not found the soil thoroughly prepared by the fruitful labor of
three centuries before, history would not have seen any such outburst of
artistic and literary accomplishments as actually came at the end of the
Fifteenth and during the Sixteenth centuries.
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In taking up the thesis, The Thirteenth the Greatest of Centuries, it
seems absolutely necessary to define just what is meant by the term great, in
its application to a period. An historical epoch, most people would concede at
once, is really great just in proportion to the happiness which it provides for
the largest possible number of humanity. That period is greatest that has done most
to make men happy. Happiness consists in the opportunity to express whatever is
best in us, and above all to find utterance for whatever is individual. An
essential element in it is the opportunity to develop and apply the
intellectual faculties, whether this be of purely artistic or of thoroughly
practical character. For such happiness the opportunity to rise above one's
original station is one of the necessary requisites. Out of these opportunities
there comes such contentment as is possible to man in the imperfect existence
that is his under present conditions.
Almost as important a quality in any epoch that is to be considered
supremely great, is the difference between the condition of men at the
beginning of it and at its conclusion. The period that represents most
progress, even though at the end uplift should not have reached a degree equal
to subsequent periods, must be considered as having best accomplished its duty
to the race. For purposes of comparison it is the amount of ground actually covered
in a definite time, rather than the comparative position at the end of it, that
deserves to be taken into account. This would seem to be a sort of hedging, as
if the terms of the comparison of the Thirteenth with other centuries were to
be made more favorable by the establishment of different standards. There is,
however, no need of any such makeshift in order to establish the actual
supremacy of the Thirteenth Century, since it can well afford to be estimated
on its own merits alone, and without any allowances because of the stage of
cultural development at which it occurred.
John Ruskin once said that a proper estimation of the accomplishments of
a period in human history can only be obtained by careful study of three books
-- The Book of the Deeds, The Book of the Arts, and the Book of the Words, of
the given epoch. The Thirteenth Century may be promptly ready for this judgment
of what it accomplished for men, of what it wrote for subsequent generations,
and of the artistic qualities to be found in its art remains.
In the Book of
the Deeds of the century what is especially important is what was accomplished
for men, that is, what the period did for the education of the people, not
alone the classes but the masses, and what a precious heritage of liberty and
of social coordination it left behind. To most people it will appear at once
that if the most important chapter of Thirteenth Century accomplishment is to
be found in the Book of its Deeds and the deeds are to be judged according to
the standard just given of education and liberty, then there will be no need to
seek further, since these are words for which it is supposed that there is no
actual equivalent in human life and history for at least several centuries
after the close of the Thirteenth.
| Salamanca, Spain, a University Middle Age Town |
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As a matter of fact, however, it is in this very chapter that the
Thirteenth Century will be found strongest in its claim to true greatness. The
Thirteenth Century saw the foundation of the universities and their gradual
development into the institutions of learning which we have at the present
time. Those scholars of the Thirteenth Century recognized that, for its own
development and for practical purposes, the human intellect can best be trained
along certain lines. For its preliminary training, it seemed to them to need
what has since come to be called the liberal arts, that is, a knowledge of
certain languages and of logic, as well as a thorough consideration of the
great problems of the relation of man to his Creator, to his fellowmen, and to
the universe around him. Grammar, a much wider subject than we now include
under the term, and philosophy constituted the undergraduate studies of the
universities of the Thirteenth Century. For the practical purposes of life, a
division of post-graduate study had to be made so as to suit the life design of
each individual, and accordingly the faculties of theology, for the training of
divines; of medicine, for the training of physicians; and of law, for the
training of advocates, came into existence.
We shall consider this subject in more detail in a subsequent chapter,
but it will be clear at once that the university, as organized by these wise
generations of the Thirteenth Century, has come down unchanged to us in the
modern time. We still have practically the same methods of preliminary training
and the same division of post-graduate studies. We specialize to a greater
degree than they did, but it must not be forgotten that specialism was not
unknown by any means in the Thirteenth Century, though there were fewer opportunities
for its practical application to the things of life. If this century had done
nothing else but create the instrument by which the human mind has ever since
been trained, it must be considered as deserving a place of the very highest
rank in the periods of human history.
| Siena, Italy, a Middle Age Town |
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It is, however, much more for what it accomplished for the education of
the masses than for the institutions it succeeded in developing for the
training of the classes, that the Thirteenth Century merits a place in the roll
of fame. This declaration will doubtless seem utterly paradoxical to the
ordinary reader of history. We are very prone to consider that it is only in
our time that anything like popular education has come into existence. As a
matter of fact, however, the education afforded to the people in the little
towns of the Middle Ages, represents an ideal of educational uplift for the
masses such as has never been even distantly approached in succeeding
centuries. The Thirteenth Century developed the greatest set of technical
schools that the world has ever known. The technical school is supposed to be a
creation of the last half century at the outside. These medieval towns,
however, during the course of the building of their cathedrals, of their public
buildings and various magnificent edifices of royalty and for the nobility,
succeeded in accomplishing such artistic results that the world has ever since
held them in admiration, and that this admiration has increased rather than
diminished with the development of taste in very recent years.
| Strasbourg, France, Cathedral, |
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Nearly every one of the most important towns of England during the
Thirteenth Century was erecting a cathedral. Altogether some twenty cathedrals
remain as the subject of loving veneration and of frequent visitation for the
modern generation. There was intense rivalry between these various towns. Each
tried to surpass the other in the grandeur of its cathedral and auxiliary
buildings. Instead of lending workmen to one another there was a civic pride in
accomplishing for one's native town whatever was best. Each of these towns,
then, none of which had more than twenty thousand inhabitants except London,
and even that scarcely more, had to develop its own artist- artisans for
itself. That they succeeded in doing so demonstrates a great educational
influence at work in arts and crafts in each of these towns. We scarcely
succeed in obtaining such trained workmen in proportionately much fewer numbers
even with the aid of our technical schools, and while these Thirteenth Century
people did not think of such a term, it is evident that they had the reality
and that they were able to develop artistic handicraftsmen - the best the
world has ever known.
| The Cid |
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With all this of education abroad in the lands, it is not surprising
that great results should have flowed from human efforts and that these should
prove enduring even down to our own time. Accomplishments of the highest
significance were necessarily bound up with opportunities for self-expression,
so tempting and so complete, as those provided for the generations of the
Thirteenth Century. The books of the Words as well as of the Arts of the
Thirteenth Century will be found eminently interesting, and no period has ever
furnished so many examples of wondrous initiative, followed almost immediately
by just as marvelous progress and eventual approach to as near perfection as it
is perhaps possible to come in things human. Ordinarily literary origins are
not known with sufficient certainty as to dates for any but the professional
scholar to realize the scope of the century's literature. Only a very little
consideration, however, is needed to demonstrate how thoroughly representative
of what is most enduring in literary expression in modern times, are the works
in every country that had origin in this century. There was not a single
country in civilized Europe which did not contribute its quota and that of
great significance to the literary movement of the time. In Spain there came
the Cid and certain accompanying products of ballad poetry which form the basis
of the national literature and are still read not only by scholars and
amateurs, but even by the people generally, because of the supreme human
interest in them. In England, the beginning of the Thirteenth Century saw the
putting into shape of the Arthur Legends in the form in which they were to
appeal most nearly to subsequent generations. Walter Map's work in these was,
as we shall see, one of the great literary accomplishments of all time.
Subsequent treatments of the same subject are only slight modifications of the
theme which he elaborated, and Mallory's and Spenser's and even our own
Tennyson's work derive their interest from the humanly sympathetic story,
written so close to the heart of nature in the Thirteenth Century that it will
always prove attractive.
| Reynard the Fox makes love to Hersinde |
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In Germany, just at the same time, the Nibelungen-Lied
was receiving the form in which it was to live as the great National epic. The
Meistersingers also were accomplishing their supreme work of Christianizing and
modernizing the old German and Christian legends which were to prove such a
precious heritage of interest for posterity. In the South of Germany the
Minnesingers sang their tuneful strains and showed how possible it was to take
the cruder language of the North, and pour forth as melodious hymns of praise
to nature and to their beloved ones as in the more fluent Southern tongues.
Most of this was done in the old Suabian high German
dialect, and the basis of the modern German language was thus laid. The low
German was to prove the vehicle for the original form of the animal epic or
stories with regard to Reynard, the Fox, which were to prove so popular
throughout all of Europe for all time thereafter.
In North France the Trouvères were
accomplishing a similar work to that of the Minnesingers in South Germany, but
doing it with an original genius, a refinement of style characteristic of their
nation, and a finish of form that was to impress itself upon French literature
for all subsequent time. Here also Jean de Meun and
Guillaume de Lorris wrote the Romance of the Rose,
which was to remain the most popular book in Europe down to the age of printing
and for some time thereafter. At the South of France the work of the
Troubadours, similar to that of the Trouvères and yet
with a spirit and character all its own, was creating a type of love songs that
the world recurs to with pleasure whenever the lyrical aspect of poetry becomes
fashionable. The influence of the Troubadours was to be felt in Italy, and
before the end of the Thirteenth Century there were many writers of short poems
that deserve a place in what is best in literature. Men like Sordello, Guido Cavalcanti, Cino da Pistoia, and Dante da Maiano, deserve mention in any
historical review of literature, quite apart from the influence which they had
on their great successor, the Prince of Italian poets and one of the immortal
trio of the world's supreme creative singers - Dante Alighieri. With what must
have seemed the limit of conceit he placed himself among the six greatest
poets, but posterity breathes his name only with those of Homer and
Shakespeare.
| Gothic External Element |
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Dante, in spite of his giant personality and sublime poetic genius, is
not an exception nor a solitary phenomenon in the course of the century, but
only a worthy culmination of the literary movement which, beginning in the
distant West in Spain and England, gradually worked eastward quite contrary to
the usual trend of human development and inspired its greatest work in the
musical Tuscan dialect after having helped in the foundation of all the other
modern languages. Dante is the supreme type of the Thirteenth Century, the
child of his age, but the great master whom medieval influences have made all
that he is. That he belongs to the century there can be no doubt, and of
himself alone he would be quite sufficient to lift any period out of obscurity
and place it among the favorite epochs, in which the human mind found one of
those opportune moments for the expression of what is sublimest in human thought. It is, however, the book of the Arts of the Thirteenth
Century that deserves most to be thumbed by the modern reader intent on
learning something of this marvelous period of human existence. There is not a
single branch of art in which the men of this generation did not accomplish
excelling things that have been favorite subjects for study and loving
imitation ever since. Perhaps the most marvelous quality of the grand old
Gothic cathedrals, erected during the Thirteenth Century, is not their
impressiveness as a whole so much as their wonderful finish in detail. It
matters not what element of construction or decoration be taken into
consideration, always there is an approach to perfection in accomplishment in
some one of the cathedrals that shows with what thoroughness the men of the
time comprehended what was best in art, and how finally their strivings after
perfection were rewarded as bountifully as perhaps it has ever been given to
men to realize. Of the major arts -- architecture itself, sculpture and
painting -- only a word will be said here since they will be treated more fully
in subsequent chapters.
| Gothic Internal Element |
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No more perfect effort at worthy worship of the Most
High has ever been accomplished than is to be seen in the Gothic cathedrals in
every country in Europe as they exist to the present day. While the movement
began in North France, and gradually spread to other countries, there was never
any question of mere slavish imitation, but on the contrary in each country
Gothic architecture took on a national character and developed into a charming
expression of the special characteristics of the people for whom and by whom it
was made. English Gothic is, of course, quite different to that of France;
Spanish Gothic has a character all its own; the German Gothic cathedrals
partake of the heavier characteristics of the Northern people, while Italian
Gothic adds certain airy decorative qualities to the French model that give
renewed interest and inevitably indicate the origin of the structures.
In painting, Cimabue's work, so wonderfully appreciated by the people of
Florence that spontaneously they flocked in procession to do honor to his great
picture, was the beginning of modern art. How much was accomplished before the
end of the century will be best appreciated when the name of Giotto is
mentioned as the culmination of the art movement of the century. As we shall
see, the work done by him, especially at Assisi, has been a source of
inspiration for artists down even to our own time, and there are certain
qualities of his art, especially his faculty for producing the feeling of
solidity in his paintings, in which very probably he has never been surpassed.
Gothic cathedrals in other countries did not lend themselves so well as
subjects of inspiration for decorative art, but in every country the sacred
books in use in the cathedral were adorned, at the command of the artistic
impulse of the period, in a way that has made the illuminated missals and
office books of the Thirteenth Century perhaps the most precious that there are
in the history of book-making. It might be thought that in sculpture, at least,
these Thirteenth-Century generations would prove to be below the level of that
perfection and artistic expression which came so assuredly in other lines. It
is true that most of the sculptures of the period have defects that make them
unworthy of imitation, though it is in the matter of technique that they fail
rather than in honest effort to express feelings appropriately within the
domain of chiseled work, On the other hand there are some supreme examples of what
is best in sculpture to be found among the adornments of the cathedrals of the
period.
No more simply dignified rendition of the God Man has ever been made in
stone than the statue of Christ, which with such charming appropriateness the
people of Amiens have called le Beau Dieu, their
beautiful God, and that visitors to their great cathedral can never admire
sufficiently, admirably set off, as it is, in its beautiful situation above the
main door of the great cathedral. Other examples are not lacking, as for
instance some of the Thirteenth-Century effigies of the French kings and queens
at St. Denis, and some of the wonderful sculptures at Rheims. In its place as a
subsidiary art to architecture for decorative purposes, sculpture was even more
eminently successful. The best example of this is the famous Angel Chair of
Lincoln, one of the most beautiful things that ever came from the hand of man
and whose designation indicates the belief of the centuries that only the
angels could have made it. In the handicrafts most nearly allied to the arts,
the Thirteenth Century reigns supreme with a splendor unapproached by what has been accomplished in any other century. The iron work of their
gates and railings, even of their hinges and latches and locks, has been admired
and imitated by many generations since. When a piece of it is no longer of use,
or loosens from the crumbling woodwork to which it was attached, it is
straightway transported to some museum, there to be displayed not alone for its
antiquarian interest, but also as a model and a suggestion to the modern
designer. This same thing is true of the precious metal work of the times also,
at least as regards the utensils and ornaments employed in the sacred services.
The chalices and other sacred vessels were made on severely simple lines and
according to models which have since become the types of such sacred utensils
for all times.
the Syon Cope, England, Linen, embroidered with silk, silver-gilt and silver thread.
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The vestments used in the sacred ceremonials partook of this same
character of eminently appropriate handiwork united to the chastest of designs, executed with supreme taste. The famous cope of Ascoli which the
recent Pierpont Morgan incident brought into prominence a year or so ago, is a
sample of the needlework of the times that illustrates its perfection. It is
said by those who are authorities in the matter that Thirteenth-Century
needlework represents what is best in this line. It is not the most elaborate,
nor the most showy, but it is in accordance with the best taste, supremely
suitable to the objects of which it formed a part. It is, after all, only an
almost inevitable appendix to the beautiful work done in the illumination of
the sacred books, that the sacred vestments should have been quite as supremely
artistic and just as much triumphs of art.
As a matter of fact, every minutest detail of cathedral construction and
ornamentation shared in this artistic triumph. Even the inscriptions, done in
brass upon the gravestones that formed part of the cathedral pavements, are
models of their kind, and rubbings from them are frequently taken because of
their marvelous effectiveness as designs in Gothic tracery.
Their bells were made with such care and such perfection that, down to
the present time, nothing better has been accomplished in this handicraft, and
their marvelous retention of tone shows how thorough was the work of these
early bell makers.
Medieval Stained Glass at York Minster
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The triumph of artistic decoration in the cathedrals, however, and the
most marvelous page in the book of the Arts of the century, remains to be
spoken of in their magnificent stained-glass windows. Where they learned their
secret of glassmaking we know not. Artists of the modern time, who have spent
years in trying to perfect their own work in this line, would give anything to
have some of the secrets of the glassmakers of the Thirteenth Century. Such
windows as the Five Sisters at York, or the wonderful Jesse window of Chartres
with some of its companions, are the despair of the modern artists in stained
glass. The fact that their glass-making was not done at one, or even a few, common
centers, but was apparently executed in each of these small medieval towns that
were the site of a cathedral, only adds to the marvel of how the workmen of the
time succeeded so well in accomplishing their purpose of solving the difficult
problems of stained glasswork.
If, to crown all that has been said about the Thirteenth Century, we now
add a brief account of what was accomplished for men in the matter of liberty
and the establishment of legal rights, we shall have a reasonably adequate
introduction to this great subject.
Homage of Edward I (kneeling) to Philip IV (seated). As Duke of Aquitaine, Edward was a vassal of the French king
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Liberty is thought to be a word whose true
significance is of much more recent origin than the end of the Middle Ages. The
rights of men are usually supposed to have received serious acknowledgment only
in comparatively recent centuries. The recalling of a few facts, however, will
dispel this illusion and show how these men of the later middle age laid the
foundation of most of the rights and privileges that we are so proud to
consider our birthright in this modern time. The first great fact in the
history of modern liberty is the signing of Magna Charta which took place only
a little after the middle of the first quarter of the Thirteenth Century. The
movement that led up to it had arisen amongst the guildsmen as well as the
churchmen and the nobles of the preceding century. When the document was
signed, however, these men did not consider that their work was finished. They
kept themselves ready to take further advantage of the necessities of their
rulers and it was not long before they had secured political as well as legal
rights.
Shortly after the middle of the Thirteenth Century the first English
parliament met, and in the latter part of that half century it became a formal
institution with regularly appointed times of meeting and definite duties and
privileges. Then began the era of law in its modern sense for the English
People. The English common law took form and its great principles were
enunciated practically in the terms in which they are stated down to the
present day. Bracton made his famous digest of the
English common law for the use of judges and lawyers and it became a standard
work of reference. Such it has remained down to our own time. At the end of the
century, during the reign of Edward I, the English Justinian, the laws of the
land were formulated, lacunae in legislation filled up, rights and privileges
fully determined, real-estate laws put on a modern basis, and the most
important portions of English law became realities that were to be modified but
not essentially changed in all the after time.
This history of liberty and of law-making, so familiar with regard to
England, must be repeated almost literally with regard to the continental
nations. In France, the foundation of the laws of the kingdom were laid during
the reign of Louis IX, and French authorities in the history of law, point with
pride, to how deeply and broadly the foundations of French jurisprudence were
laid. Under Louis's cousin, Ferdinand III of Castile, who, like the French
monarch, has received the title of Saint, because of the uprightness of his
character and all that he did for his people, forgetful of himself, the
foundations of Spanish law were laid, and it is to that time that Spanish
jurists trace the origin of nearly all the rights and privileges of their
people. In Germany there is a corresponding story. In Saxony there was the
issue of a famous book of laws, which represented all the grants of the
sovereigns, and all the claims of subjects that had been admitted by monarchs
up to that time. In a word, everywhere there was a codification of laws and a
laying of foundations in jurisprudence, upon which the modern superstructure of
law was to rise.
This is probably the most surprising part of the Thirteenth Century.
When it began men below the rank of nobles were practically slaves. Whatever
rights they had were uncertain, liable to frequent violation because of their
indefinite character, and any generation might, under the tyranny of some consciousless monarch, have lost even the few privileges
they had enjoyed before. At the close of the Thirteenth Century this was no
longer possible. The laws had been written down and monarchs were bound by them
as well as their subjects. Individual caprice might no longer deprive them
arbitrarily of their rights and hard won privileges, though tyranny might still
assert itself and a submissive generation might, for a time, allow themselves
to be governed by measures beyond the domain of legal justification. Any
subsequent generation might, however, begin anew its assertion of its rights
from the old. time laws, rather than from the position to which their forbears
had been reduced by a tyrant's whim.
Is it any wonder, then, that we should call the generations that gave us
the cathedrals, the universities, the great technical schools that were
organized by the trades guilds, the great national literatures that lie at the
basis of all our modern literature, the beginnings of sculpture and of art
carried to such heights that artistic principles were revealed for all time,
and, finally, the great men and women of this century -- for more than any
other it glories in names that were born not to die -- is it at all surprising
that we should claim for the period which, in addition to all this, saw the
foundation of modern law and liberty, the right to be hailed - the greatest of
human history?