Professional Documents
Culture Documents
Magician
the Witch
and the Law
Henry C. Lea, Associate Professor
EDWARD PETERS
of Medieval History
University of Pennsylvania
in memory of my father
Edward Murray Peters
Contents
Preface ix
Introduction: Magic in Medieval Culture xi
I. The Transformations of the Magus 1
0
. Thirteenth Centuries 63
r:t.
U. The Systematic Condemnation of Magic in the
Thirteenth Century 85
.2· The Sorcerer's Apprentice
@. The Magician, the Witch, and the Law
llO
Appendix 1. Res fragilis: Torture in Early European Law
138
Appendix 2. Nicholas Eymeric: On Heresy, Magic, and
183
the Inquisitor
Appendix 3. The Magician, the Witch and the Historians
196
Index
203
213
Preface
ix
sylvania, ever since we collaborated on our documentary collection
X Preface
Phil,adelphia, 1978
Introduction
e
on the natureand necessity of the condemnation of magicians. Earlr)
modern Europe knew several different kinds of magic, but . most of its
thinkers, regardless of their individual reasons, uniformly condemned the
agic of the Middle Ages and thus__, ill tb.(;)ir distinctive ways, helped to
tain the prosecution of magicians and witches both through the /
nteenth century.
T��apter..0Uei.tb. ..Ib.omai..massiove... . smdy_o£...1Wigian.. a1Jd.J.be f
Decline of M gic is entitled "The Magic of the Medieval Church." In it,J
Tliomas examines one pole of medieval awareness of "Magic," that at
which the powers of sacrament, saint, and priest tended toward debase
12
ment iii"' tne realm of popular, including clerical, attitudes toward the
mvocation of divine powers to ameliorate the circumstances of earthly
1i£e. At the other pole, of course, there was another kind of what modern
thinkers might be inclined to call magic, the blinding power of miracle,
�hentic sacrament, or direct divine intervention. At the latter extreme,
t�s..n,o magic at all, since the chief feature of magic is its power of
��lling)rather than beseeching, supernatural forces. The closer that
memeval beliefs veered toward the automatic power of compulsion over
spirits, whether beneficient or evil, the closer it came to magic. Church
men were not unaware of this dilemma, and late ,medieval attacks on
eJ;stitjo included both those beliefs that were condemned outright and
r ose beliefs that, while strictly still within the realm of orthodoxy, never
theless suggested too great a dependence upon the compulsive powers of
sacraments and sacramentals. Moreover, this condemnation of beliefs in
the compulsive power of the Church's sacraments and other elements of
�e Christian cult was not the only basis for the attack on magical b e
liefs . Magicians and, later, witches could also invoke and beseech the
demons·, and this element of invocation, of offering them those forms of
veneration, latria and dulia, that were strictly reserved for God and the
.
saints, seemed certainly more blasphemous, if not more dangerous, than
Introduction: Magic in Medieval Culture
the belief in the compulsive powers of riitual magic itself. Thus, as both
a perversion of proper forms of devotion and as an art that claimed or )
was accused of claiming to enable its jpractitioners to compel super
Eiatural forces, magic in all of its variations was savagely condemned
f2Y churchmen.
I
o medieval thinkers, magic was the !,arliest f!lld xn.osUlliciLu>,rm,,gf
mman .£.Qmro..er.ce.,..with.... demons...,Jieresy was another, and the images of
1e magician and the heretic were shaped by the same kind of fear and
j
revulsion. Moreover, magic could be learned, and the medieval organiza
tion of legitimate knowledge was one of the weapons that medieval
.
thinfers usecf c.9nsisteiillytq attack ma,gTcaf practices. ·Not o_nly was�
, · Jl!_;lgi?a�"'ST£�1sraim��ourrtwasfllso"'1lf�t.lllIDoi-btd<len knowl- .
friiira) rather than m�acles iracufa), c:;t.used inj�iry, and therefore was i
' ·· edge.:,Finally, �agic, although its critics , uccused it of working wonders !
law covered many offenses, so did the concept of superstitio. Any historian
\
of a legitimate histo1ical question. Just as the concept of maleficium in
court life and the nifure of courtiers' attitudes toward security, incerti-
tude, ambition, and fear-as well as the personnel in the court and their
4 -
�
Go- �itical sorcery, so badly understood by most political historians. I
�ve al investigated the texts that would have been best known to
different kinds of people in different social circumstances. Thus, to dis-
so
xviii Introduction: Magic in Medieval Culture
cuss theologians' ideas of magician and witch, it is important to know the
J<inds of books theologians got their infonnation from, as it is for lawyers,
-4,reachers, and inquisitors. The generic relationships of texts to ideas is
similar to the relationship of institutions liike the court to the character of
belief in, and fear of, magic.
This book, then, deals with a number of topics that have been treated
by other historians of witchcraft, but its focus on the history of the .
Witchcraft i n the Middle Ages was stimiulating and helped to focus my.
developing my own approach, I often found that an encounter with
own work; without it this book would have been much longer.
The nature of the sources for such a discussion of magic in medieval .
culture as this book contains is not the same as that for later studies of
which Thomas built the monumental Rel'.igion and the Decline of Magic
witchcraft or learned magic. The vast evidence for popular beliefs upon
is lacking, as is the vast mass of archivall data that characterizes the in-
/ temal history of individual witchcraft persecutions in the work of
MacFarlane and Midelfort. Medieval sources permit one, rather, to ob
serve the learned tradition that depicted the figure of the magician and
the process by which the learned tradition was applied by spiritual and
magistrates to deal with diverse cases of magic that came before them.
�'I.:��_£rea!i.2.9...Qf.!b�. .�y.p�js the history that this book attempts to describe,
for it lay behind the learned magus of the Renaissance as well as the
necromancers and witches that even the defenders of learned magic
1,
(1_90ndemned.
1
The Transformations
of the Magus
The Hellenic world, as it set about its task of organizing and systematiz
ing knowledge, recognized and defined gi and the figure of the
magos. The te1m magos first appeared in� ree;Das a designation of the
,\ � astro!qg��s!§_yv l!Q, Herodotus tells us, accompanied the army
I of Xerxes into Greece.1 From its first Greek use, the term shared much
of the opprobrium of other things Persian and generally oriental that so
characterizes subsequent Greek intellectual life. The association of the
magoi with hated Persia and the unfamiliar sight and sound of their
practices perhaps helped to add the meaning "h'ickster" or "quack" to the
original sense of magos, an extension noted as early as the fifth century
ll.c. After the fifth century the Persian origin of the magos ceased to be
emphasized, and the term displaced older Greek designations of practi
tioners of magic. A magos b . ecame a practitioner ( or pretended prac-
,J titioner) qi_.fil_!:s that elicited _tw_aid o[gpg�_<!,q!W;O..!!:es for his own
%enefit or for that of his clients, usually for criminal purposes. Plato, in
The Laws, is explicit in his condemnation of magoi and their practices:
�s for those who add the character of a beast of prey to their atheism or belief
lil divine indifference or venality, those who in their contempt of mankind
bewitch so many of the living by the pretense of evoking the drutd and the
promise of winning over the gods by the supposed so�ceries of prayer,_.s_acrifics,
� cfilltai:ions.. and thus do their best for lucre to ruin individuals, whole
l( arn1hes,
and communities, the law shall direct the court to sentence a culprit
convi cted of belonging to this class to incarceration in the central prison,
I
2 The Transformations of the Magus
where no free citizen shall have access to him . . . . At death he shall be cast
out beyond the borders without burial, and if any free citizen has a hand in
his burial, he shall be liable to a prosecution for impiety at the suit of any
who cares to take proceedings."
The older Greek term for magic, goeteia, gave way before mageia, the
individual goes before magos, and goetef.a became a kind of species of
the claims of some magoi that they employed a legitimate and divinely
ever, was rarely looked upon with equanimity in Greek law. In spite of
approved techne, or ars, and in spite of the claim of some later religious
although the magoi may have been hated. and distrusted, there was also
hostility was compounded of various measur� of scorn and fear, for
widespread belief that their arts did indeed pose a considerable threat
A to the well-being of the Greek and Romalll community.•
Although Plato was harsh in his condemnation of magicians, the laws
of Greece and Rome were harsher. They contained stiff penalties for the
\
ol practice of magic, especially when that magic could be proved to have
caused injury or loss. Besides its alleged impiety, magic also · attracted
the hostility of philosophers because it appeared to conflict with the
� ethical character of legitimate intellectual inquiry since it was sometimes
The Transformations of the Magus
considered to be a form of aimless erudition, curiositas, which was at
3
tacked in other forms as well. The ethical bent of the later Hellenistic
world harbored little good-will toward magicians who professed to be
able to command or compel the daimone� especially if such powers
hinted at impiety, caused human injury, or deflected the magician from
the proper path of philosophical inquiry. Well before the advent of
Christianity, therefore1 the figure of the mago's ana: tfie nature of fos art.
� h:a'd 15een ap�werf��on;;-ri]o[W �<?E.,lrerS-ffld'ia:wgivers-as-welb One
of the first tasks of ·C hristians was not to condeinntne magos on any
,J parti� ularly original ground, b� t to prove that they themselves were not
Greeks and Romans were not the only people who defined, feared, and
�oi.
· . . an intelligent man, who had sent for Barnabas and Saul and wanted to
hear the word of Cod. This Elymas the sorcerer [magusJ (for that is how his
name may be understood ) seeking to tur� proconsul away from the faith,
resisted them. Saul, however, also known as Paul, filled with the Holy Spirit,
f looked upon him and said: "O you who are full of fraud and all falseliood, son
?f the devil, enemy to all justice, will you never stop trying to subvert the
Just ways of the Lord. And now behold, the hand of God is upon thee, and
You will be blind, and for a time will not see the sun." And immediately mist
and shadows came over him, and he groped about for someone to take his
hand and lead him.6
At its very outset, in a simple version of what would later become a com
mon rheto1ical tradition, Ch1istianity set itself sharply against the practice
of magic in the person of one of its earliest and most influential figures,
1
St. Paul himself. To pagans, of course, such a contest might have seemed
to he a contention of magicians to see who was stronger ( also a literary
4 The Transformations of the Magus
theme), and indeed Christians were accused by their critics of practicing
,magic themselves. But in this story, Elymas's daimones never appear, and
+ the hand of God was something that even mildly curious pagans like
Sergius Paulus could recognize.
E�rly Christianity attacked other as�cts of the p�gan world �esides
its magic, princie_ally _i!_s learned. cultui:.e. ,. �nd often the denuncia!ign of
pagan IT§"at� a�d philosopjiy too.J< the form of including and �
u identifying them with magic, thus fmther insulting the pagans who th-em- .
\A_jelves never identified the two. Tertulliian's famous taunt, "What has
Athens to do witli Jerusalem,'' was taken by many Christians to include
all aspects of pagan thought/ The writings of Tertullian condemn both
magic and that vain erudition that "is able to study nature without car-
1ing for him who created it and governs it: they only trouble themselves
in a great emptiness."8 Indeed, it is as a subspecies of curiositas that
�ertullian denounces magic, and he denounces less the practice itself
than the mental attitude that to hi�vades all_p�philosophy, the
ffass1on for l<nowl�ge thatdoes not r��>ognize .the finaj end_ oJ _l!l_L true_
4 k,nowkdge,. the knowJedge.- of -God. As the gods of the pagans became
-<!wons..s in- Chtistian.. e:xe�L'{,Q° �n eJfo,��: le!@iQ!\ancipJltlosbplrf'" joined
,-.n
pagan magic as condemned. For Tertullian, the·· magicians efariottS
practices, pagan consulfafions of oracles,. and other forms of divination
were all performed with the aid of demons. Early Cluistian demonology
Lat its outset identified the magical arts with the power of the devil.
In the search for a form of Christia111 culture that might retain the
acceptable aspects of pagan letters while discarding the dangerous and .
damnable, a search that extended from Tertullian through St. Augustine's
De doctrina christiana, many Church Fathers found it impossible to con�
ceive of a Christianity that was not based upon Latin culture. Tertullian
himself reproached his fellow Cluistians with their ignorance of the faith,
which made them prone to diversion from it. Between his richly exploited
vein of contempt for the pagan philosophers ( which he derived from
pagan antiphilosophical literary traditions) and his genuine concern over
Christian ignorance, Tertullian was the first of many Christian thinkers to
come to terms with pagan antique culture without falling prey to the
errors in it that they equally denounced.
In many respects, the search for a Christian accomodation to _pJlgfill
�re ended with St. Augustine's De doctrina chrigifina_��en 396
and 427.0 This treatise, enormously influential in its own time, continued-
to inspire thinkers for many centuries to , come, down into the nineteenth
and twentieth centuries. In the De doc,�rina christiana, __Augu�L.
out those_clernents-(.)Lpa�rary culture that a _re ...]:!§!Pfu� �
�: ;.;.:;;
.. :::;.::� � di...,
niLl>
g_o
L
L s, cripture,
andj�nat are not. In book 2, Augustine
takes up the definition of superstitiouspraclices; and it is here that he
The Tramformations of the Magus
makes h� ordered, coherent denunciation o�;;rinkin it to i ol tr
5
Every good and true Christian should understand that, wherever he may find
truth, it is his Lord's. And confessing and acknowledging this truth also in the
sacred writings, he will repudiate superstitious imaginings and will deplore
and guard against men who, "When they knew God have not glorified Him as
God, or given thanks; but becanre vain in their thoughts, and their foolish
heart was darkened. For professing themselves to be wise, they became fools.
And they changed the glory of the incorruptible God into the likeness of the
image of a corruptible man, and of birds, and of four-footed beasts, and of
creeping things."10
Augustine's quotation from St. Paul ( Romans 1:22-23) echoes the imagery
of the story of Elymas in Acts, and the whole passage is a continuation
of Tertullian, as well as an important chapter in the search for a Christian
wisdom that so marked the patristic age.
Augustine then goes on in book 2, chapters 19-24, to discuss the con
tent of pagan superstition, which he casts whollx.J..n terms of superstitio
·Variovarfous forms of magia. Chapter 20 is a catalogue of what Augustine
cafls" the magical arts7' and in this catalogue, he includes virtually all
the forms of idol-worship, particularly in the casual habits of everyday
life: pacts with demons, haruspicy, augury, medical magic, and the ob
servance of omens and signs. Chapter 21 adds astrology, as does chapter
22, also adding a discussion of the genethliaci, those who predict a per
son's future f rom the study of birthdays. Chapter 23 sums up the reason
f��s �demnation of ��-s�Esti99n:
For it is brought about as if by a certain secret judgement of God that men
who desire evil things are subjected to illusion and deception as a reward for
their desires, being mocked and deceived by those fallen angels to whom,
according to the most beautiful ordering of things, the lowest part of this
world is subject by the Jaw of Divine Providence.
Even if the image of the dead Samuel told the truth to King Saul, says
Augustine, the means by which the spirit was called up were neverthe
less to be condemned:
tude, and a mortal slavery." By the beginning of the fifth century, when
I
. pressed than in the De civitate D(}j, especially in books 10, 18, and 19.
In chapter 9 of book 10, Augustine distinguishes between the true
sacrifices offered to God and the worship of idols and demons. Miracles,
Augustine says, were intended to support the worship of the true God,
and they were perfo1med by simple fait: h and confidence:
. . . not by spells and charms composed aLccording to the mies of criminal
superstition, the craft which is called �g_i£..Q!.._§£.lr.£�ry . . . a_d�Jesta}_)le name, .,_,·
or by the more honorable title of theurgy. For people attempt to make some .
sort of distinction between practitioners of evil arts, who are to be condemned, ·
classing these as "sorcerers" ( the popular name for which is necromancy) and.
others whom they are prepared to regard as praiseworthy, attributing to them.
the practice of theurgy. In fact, both typ1es are engaged in the fraudulent.
rites of demons, wrongly called angels. n
Here the magical arts, already under attack on other grounds by early
Christian writers, are explicitly identified as one of the means by which
demons extended their power over humans.
The human race, therefore, was particularly prone to demonic inter- .
ference, deceit, and temptation, and in early Christian baptisms dissocia
/
tion of the catechumen from .-the world of demons was dramatically
underlined and emphasized. In addition to this theoretical and prac
tical demonology, other aspects of early Christian life also contributed
both to the concept of Satan and to the condemnation of magic. The
idea of the Antichrist, a human born either of Satan's union with a
be born, all . writers agree that he will be raised by magicians and use
Antichrist will have magicians, criminals, soothsayers, and wizards, who, with
'L'the devil's inspiration, will bring him up and instruct him in every iniquity,
trickery, and wicked art. And evil spirits will be his leaders and eternal friends
and inseparable comrades. ,r.
(!he pagan gods and the power of the true God. Simon, a magus himself,
l�gure for the Christian sense of the difference between the powers of
magi. Justin Martyr makes it clear that Simon performed his magical
between real miracles and the deceits and demonic connections of the
Acts of Peter, Simon Magus confronts St. Peter and proves the power of
feats through the power of the demon oru�raJing in hirri..,,Jn the apocryphal
his gods by flying ( which the commentators all agree was done by the
.j power of the demons ). By invoking the name of God against the demons
who support Simon Magus, St. Peter makes him fall to the ground de
feated. There is perhaps no better example in early Christian literature
of the Christian distinction between true miracles and the magical arts
111
\tlpracticed by those deceived by Satan. Like the encounter between St.
Paul and Elymas, that between St. Pete1r and Simon Magus was, in part
at least, a Christian attempt to distinguish between the demonic magic
that enveloped the pagan world ( and of which Christians themselves
l �
ad been accused) and the true power of the Ch1istian god, revealed ·
L;_hrough his humble, simple, pious servants, not through wicked magJ.<?.�aE,s.
devil worship and superstitio, Christians by the fo�irth �entqry were ablt:_
With magic excluded from the legitimate sciens.�Ulll.flJtWciated..w.ith
l y
toeinplo afrffie paganf1teratt{re that C(>Udemned magic on behalf Of
writings of the Roman sati1ists ( Horace, for example) could enter the
vocabulary of Christian invective. Christians now could, and in the
11
Tables to the Corpus luris Civilis of Justinian in the sixth century, con
c-9ndemnation o mag.!._c. The Roman stalte, in its laws from the Twelve
This is when two systems of power are sensed to clash within the one society.
On the one hand, there is articulate p:)\ver, p:>wer defined and agreed upon
by everyone ( and especially by its holders ) : authority vested in precise per
sons; admiration and success gained by recognized channels. Running counter
to this may be other forms of influence less easy to pin down . . . inarticulate
power: the disturbing intangibles of social life; the imponderable advantages
of certain groups; personal skills that succeed in a way that is unacceptable
or
i difficult to understand. 'Where these two systems overlap, we may expect
·t1t,to find the sorcerer.
i
larticulated penitential system placed boundaries 011 Augustine's sense of the
1
unidentifiable guilt of a bottomless identity. The idea of ill-defined guilt
hardened into a sense of exposure to misfortune through the . neglect of .
prescribed actions. . . . The Church was the community for whom Satan had .
been bound: his limitless powers had been bridled to permit the triumph of
the Gospel; more immediately, the practising Christian gained immunity from ·
sorcery.
The Transformations of the Magus
The confrontation directly between the demon and the saint or God be
11
came more important than that between the sorcerer and his victim.
Sorcerers eithe r continue to serve the pagan gods ( who are really demons)
I .
J or work in Christi� society through the power of the demon. They no
longer have any 6r hat is depende� upon knowled,w rofessional
slaf ; ey no lopger comman t � ggq�, .}2ut �O!k ..J!!lf!�Lilie... s°QD. i.t.h_. ,
41/hieh the devil has deceived them; the efficacy of sorcer itself is denied
Demonic power confronts ffie saint an t e c1tuchman and, in the great
I
duel between them-an exemplary duel in which the devil is often
turned to ridicule and occasionally to human service-the power of God
is made manifest. This is the stioject of early medieval hagiography, s e r
'mons, and miracle stories such as the Dialogues of Gregory the Great.
- Brown also points out that the idea that God acts to eradicate..J1m:rfill
.
dous evils direc�1:sion -. 0Lwhat.. .some.....historiaus _ha.'>Le_callec:L the
_tJieo'ry-ohmm-anenrjustice�nded to diminish the figure of the sorcerer
'- � tne"stxth-c-entury:- Ttiis notion contains great implications for the
feriod between the sixth and the twelfth centuries because, as later
�hapters will argue, i! is precisely in the eleventh and.twelfth centuries
that t�_ th�.9ry of immanent.j.ustice both._divine immanence in law courts
and in _ the phenom�nal ��MJ.!Llh.uh.��L�!� intervention-begins
to weaken, and human agents once again have to take up the burdens of ·
�) -
. �orrectingtFie errors of httrmt�'<'>cie!Y:;:-- _!3y-the- en<l-of- the--fourth century;-
�riters as different as Lactantius and John Cassian agreed that the
magical arts, magi, and malefici were all created by the � In the
fifth century Pope Leo I wrote that magic was simply one of the many
astutia of the devil, through which he subdues the greater part of
i humanity with his superstitiones.
The universal condemnation of the magicians by early Chlistian writers
was colored by elements of the Christian experience both before and.
after the conversion of the emperors to Christianity. Roman invective
against religions that they found distasteful or even criminal was highly
developed by the first century A.D. Roman hostility to certain mystery
cults, to the Jews, and to the Druids and their human sacrifices helped
J to s ap this invective, and regional hostilities throughout the Empir
"t' earn� �
ed 1t even further. In his study Europe,s Inner Demons, Norma
Cohn traces this invective as what he calls the "prelude in antiquity" to
the accusat ions made much later against heretics and magicians and
Witches in the medieval Christian world.27 Acts of idolatry, cannibalism,
sexual promiscuity, infanticide, and unspeakable rites were levelled at
Christians ( and are found in the work of the Clnistian apologists) from
the fund of social invective that the Romans reserved for a number of
categories of infamous people, including political conspirators. Cohn
argues that, "In each case the murder and the cannibalistic feast form
Part of a 1itual by which a group of conspirators affirms its solidarity."
12 The Transformations of the Magus
By assimilating the Christian agape, or love feast, to the pagan Baccha
nalia, the stereotypical association of political conspirators, pagan writers
succeeded in depicting Christians as enemies of the state in terms familiar
to Romans through their earlier political a:,sociations. The Christian denial
of the values of the pagan world (Tacitus had said that Christians
possessed an odium humani generis, a hattred for human nature) did not
prevent Ch1istians from borrowing forms of pagan invective.
These anti-Christian injunctions, Cohn argues, were adopted by Chris
tians themselves in their attacks on heterodoxy from the third century
on. Indeed, although there is no space to summa1ize it here, Christian
orthodox invective against heterodoxy in the fourth and fifth centuries
constituted a bitter and violent indictment of religious deviance. 21a As
Cohn has suggested, some of the elements: of this attack came from tradi
tional Roman invective, but the attacks on the heretics had other sources
as well. Apocalyptic prophecies were pressed into service, with their
invective against the enemies of God, amd the literature thus created
entered the patristic tradition, to be returned to again and again when
religious dissent became a problem. As noted above, the prevalence of
he�a not a...m.aj_oI._P.roblem before the eleventh century. It is in
tFiecontext of eleventh-c�;tl!rY... antihereltical literature, most of which
I was produced by monastic
. writers familiar with patristic invective, that-
/' these traits were assumed to be those of eleventh- and twelfth-century
heretics. Thus patristic antiheretical invective came to color the descrip
tions of later heretics, magicians, and witches. This litera1y tradition is
important to emphasize. The great prestige of the Fathers in later cen
turies and the twelfth-century idea that contemporary heresies were ofd
heresies renewed justified the use of this trnditional invective.
r -The Christian condemnation of magic, the association of magicians
' with the figure of Antichrist, the fear of heresy, and the borrowing of
/ traditional forms of Roman invective to condemn both magicians and
1 heretics constituted the foundation of the Christian attitude toward both
I magic and heresy. As the foregoing discussion has suggested, both
I -magicians and heretics were condemned, aind the terms of their denuncia
tion were similar, �g 1:9,.Qts . ..i.1 cla.ssicaL paw:i_ f.01ru_ oLipvective.
Another source of Christian invective contributed to the rhetoricalcolora-
tion of both. To the Christfan, the one p, erson who possessed an odium
humani generis was the Jew. Along with the heretic and the magician, ·
the Jew was also considered to be a chilid of Satan, from the first anti
Jewishpolemics in the New Testament to the raging antisemitism �f the
sixteenth century. Such texts as John 8:44 call the Devil the father of the
Jews, and the first mention of a "synagogue of Satan," an epithet fre
quently launched against later heretical groups and witches' assemblies,
occurs in Revelation 2:9 and 3:9. 22 Church fathers accused Jews of wor-
The Transformations of the Magus
shipping Satan and charged them with �-y ( the crime of the m�
13
:�P viga!QlW�b¥,..�t-¥ietor-aoo-t1<1t1s-passed..int.o�SGb� �
e�ogy an philosg�lsidore's pompous pretentions to learning and
The Transformations of the Magus
his heavy reliance on earlier encyclopedists did not prevent him from
\.If vehemently condemning magic in all its forms. Like St. Augustine, Isidore
I was willing_t�ize disti.nctio.ns. .-am.ong_ _differenj kinds �f magic,
'l but h�c__gndem,ned filL.Qf.. ..these _as.. , dall}!la�le.
The strictures against magical practices in Roman law in the Theo-
dosian Code were passed on to later European society in tl1e form of
/Germanic law codes. Sometimes, as in the case of the Breviarium Alarici,
/ they were embellished with additional comments. Such, for example, was
, the case of the text in Theodosian Code 9.16.3:
The science of those who are equipped with magic arts and who are revealed
to have worked against the safety of men or to have turned virtuous minds to
lust shall be punished and deservedly av,enged hy the most severe laws.
The Breviarium added ( perhaps not for the first time) the injunction:
dlhat every great man at it had his ow111 personal astrologer. The texture
of Carolingian court life suggests the p,lausibility of this remark, because
in the heady atmosphere of transfo1ming an Iron Age assembly of
warbands and settlers into an ideal Christian kingdom, the Carolingian
Empire often presents ( as it did to itself) the image of a composite of
late Roman imperial and barbarian Germanic styles of life and thought.
The classical works that Carolingian scholars discovered, edited, and
circulated among themselves were the very ones that managed to pre
serve much antiquarianism along wi1th Christian piety. The religious
basis of Charlemagne's and Louis's renovatio has long been recognized.
What has often not been recugnized as fully is how much of the old
Learned world of late antiquity came with the Christian materials. In the
sophisticated, learned, violent, and self-serving Carolingian court world
those who had access to, and even a rudimentary understanding of,
beamed magic could easily find employers. No residual pagan supersti
tions or folk beliefs were necessary. The Carolingian aristocrats knew
how to value learned magicians as it valued learned chroniclers, holy
men, astrologers, wande1ing Iiish scholar monks, and any other successful
1means of making their way through the rapidly changing post-tribal world
/of Charlemagne's renewed Roman Empire and Louis's rapidly deteriorat
ling Christian kingdom. 2G
In his treatise De divortio Lotharii, Hincmar of Reims took up the
question of whether or not a man could be enchanted and thereby lose
l
, his potency. In his consideration of the divorce case of the emperor
Lothar, Hincmar argued that malefici!ttm could indeed prevent a man
from consummating his marriage, although in the case at hand he accused
the emperor's mistress of having perfo:rmed the act of maleficium. Hinc
mar's text became quite influential, s:ince it was cited on many other
occasions and was included in Gratian's Decretum, the first modern book
of canon law, in 1140.
Far more important, however, was the work of Hrabanus Maurus of
Fulda. In his early work on Christian learning, the De institutione cleri
corum, Hrabanus defended the study of pagan literature, but advisedly:
There are two kinds of doctrines which were exercised among the gentiles:
one dealt with those things which were instituted by men . . . the other insti
tuted by divinity. That which was instituted by men was partly superstition
and partly not. Superstitiosum est quidquid institutum est ab hominibus ad
facienda et colenda pertinens, vel colendum sicut Deum creaturam, vel partem
illam creaturae, vel ad consultationes et pacta quaedam significationem cum
daemonibus placita atque foederata, qualia sunt molimina magicarum artium
quae quidem commemorare potius quam docere assolent poetae.27
The. Transformations of the Magus
These ��uct of superstitious human institutions and
17
NOTES
• 17· See the discussion in Julio Caro Baroja, The World of the Witches, trans.
From the eighth to the late twelfth centu1y, the literature which re- /
corded both heretical and magical practices came from a limited intellec- 1/
�al and institutional sphere. This literature was primarily m_ooastic,
�healli.1¥- upon the authority._- of- patristic literar¾ traditions, and. haq
the pu�pose oL i.rnp.r..QYIDg.Jh.e_IJl.oJ:.el _ch;i.,:ac_ter_of it re,adex.s. ,_ no.t...Il�.Q�s
s�ily desc1}bing its. su9jects accurately for them. At the basis of this
l
intellectual tradition lay the stuay " of granimaraiid rhetoric, until the
eleventh century the two chief subjects of the trivium, far outdistancing
dialectic and the quadrivium, which only came into curricular prominence
after 1\00. Thus, in examining tenth and eleventh-_centmy literature on
-
n:agic, witchcraft, and heresy, its rhetorical, exegetical, moral, and
- �onastic basis must be kept in mind. As the next section of this chapter
Will suggest, much of the well-known association of heresy and magic
nd
� reports of the excesses of deviant behavior that mark the literature
f the eleventh and twelfth centuries derive from this tradition. In this
section I propose to examine the role of rhetoric in the preservation and
transmission ( and perhaps creation) of beliefs about magicians, witches,
l
and heretics in the late tenth and eleventh centuries.
?ne o! the true monstrosities of medieval literature is the Rheto��
chta, Written
by Anselm· 0f Besate around 1050. 1 As its most recent com
v
21
Rhetoric and Magic in the Eleventh and Twelfth Centuries
author nor of his work. Carl Erdmann called Anselm a 'bizarre Rhetoriker
22
und extreme literat.' For R. L. Poole, tlhe Rhetorimachia was 'a master
piece of laborious futility.' While R. W. Southern finds it 'painful to
1045 and 1047 and worked in Henry's: German chancery in 1048 and
1049. He appears to have died in the service of the bishop of Hildesheim
sometime in the 1060's. Although he studied dialectic, he appears never
1050, was his chef d'oeuvre, although a modest one. Anselm is, among
other things, an interesting_ example: of an ambitious, aristocratic
eleventh-century cleric with intellectua1l pretensions who attempted to
parlay his limited abilities into a successful ecclesiastical career under
Henry III- and failed.
Among his many interests and alleg,ed proficiencies, Anselm appears
to have loved the classical Latin rhetoricians the most. His veneration
for them, as H. E. J. Cowdrey points out, veers close to that of an earlier
Italian, Vilgard of Ravenna, who was led by the appearance of Vergil,
Horace, and Juvenal in a dream to helieve in his own share in their
immortality and to proclaim that their writings should be venerated as
much as scripture.3 Vilgard was burned for his heresy in 1000, and
Anselm never went quite as far in his own veneration of his classical
sources. One of the aims of the study of rhetoric was the art of persua-
fails in both these respects, but in his cli10ice of a subject for the demon
sb·ation of his powers of persuasion and control, Anselm reveals one of
the important roles of rhetoric-that of exercising the intellectual powers
;er�, deriving much of the basis of its charges against the hapless
til d from Anselm's reading in classical and late-antique Latin courses.
�:nt�? tius also notes, however, that some of the accusations against
Rhetoric and Magic in the Eleventh and Twelfth Centuries
Rotiland seem to have few, if any, classical precedents and may well be
24
and practices that most strongly influenced the theologians and lawyers
of a later period. Although Anselm of Besate's work does not appear to
have been widely read ( it survives only in two manusc1ipts ), his choice
of subject matter, depiction of a magician, and introduction of a number
of elements that later become common-place in desc1ibing witches and
heretics, suggest that the rhetoricians' training and interests lie behind a
number of depictions of the enormities of magicians, witches, and heretics,
especially those that contain incongruous elements or depict practices
that are wholly implausible. , ..
Marie-Therese d'Alverny has observed of Anselm that, "The picturesque
history..J.hat Anselm tells suggests that certain amateurs of occultism did
not hesitate to organize such formidable ceremonies [as those of Rotiland]
when love moved them."i D'Alverny goes on to suggest a certain con
tinuity in the use of libri nigromantie, possibly from late antiquity, but
2
/f
and forced him to suffer the acrid fumes all night while Rotiland chanted
1 bolic." The boy then stole Rotiland's magic book ( quaternio . . . nigro
a love-charm, then uttered words in a language "either Hebraic or dia-
. mantie ), and Rotiland was forced to invoke the aid of a demon in order
to recover it. 19
In the second part of book 2, Anselm, having demonstrated his prowess.
as an accuser, shows his skill as a defender when Rotiland accuses him
of similar offenses. Among the charges is that Anselm performed a
magical abortion by the use of a mule"s hoof.2° Others include keeping
the company of panderers and seducers, "perambulating Italy," and
It is also true that Anselm's work appears to have had little direct impact
.�
in its own time and left little influence behind it. I do not claim that the
Rhetorimachia played any role in the later depictions of heretics and
magicians.
There are, however, several elements of the work and the intellectual
world it depicts that are important. First, Anselm used it ( perhaps in
judiciously) to obtain a lucrative and prestigious career for himself. I t
would be peculiar indeed i f he did not think that his topic, as well a s his
rhetorical genius, would be of interest to his chosen readers. In spite of
the echoes of Horace, Cicero, and other pagan classical writers, Anselm
is not describing a nameless, first-century magician out of a Senecan
controversia, but a Cluistian wh_<?_ J1�- .�lling!Y. J!l_a_d��t wi!h the ·
"'
<!fil,.il. This Christian uses nis occult powers to achieve perfectly compre
hensible eleventh-century aims; he engages in actions that are not only
revolting in the abstract, but were concerns of._ �kyenth-�e.ntuzy. mQJ.aU�t�
as well; he uses b� <?f.!llagtc; and he is associated not only with occult
(.magic and theft, but also with lust and lasciviousness. Curtius, Manitius,
and Cowdrey may argue legitimately that Anselm was working in a
rhetorical vein that was purely literary, not influential, and known by all
to be fictitious ( Anselm admitted the fictitiousness of the charges against
Rotiland himself). But the elements of the charges are not fictitious and ·
they are in many instances strikingly similar to other, later charges made
not in rhetorical Hytings, but in serious descriptions of magicians, witches,
II
�nd heretics. Anselm of Besate's work tells us little about the historical
Rotiland, but it tells us a great deal about plausible accusations of magic ,
and witchcraft in the eleventh century. For the point of the Rhetorima
chia, according to its author, editor, and all subsequent commentators, is
Cicero 's observation: "non potius veritatem probat facultas rhetorica, sed
Verisimilitudinem." Rotiland, historically, was not a magician. But the
· } character Rotiland was ipdeed a magician and an accurate ru?.rtr!!tl.-if
Anselm lived up to Cicero's injunction-of what eleventh-century edu
cated readers might be convinced from their own experience and know]-
edge was a magician. Like the charges of lascivi��n':s1,. !h�f1 and other
28 Rhetoric and Magic in the Eleventh and Twelfth Centuries
b less occult crimes, the crime of magic h:actto be credible in the eyes of
!- eleventh-century readers. Invective, to be effective, must bear some
semblance to �hat �gpJ�w�c��� possible. It is hard to escape the
impression that, although the RhetorimG;chia itself was ( happily) with
out progeny, it affords a view of something more than rhetorical invention.
...----: An� w_�s not the only �)event�-centmy writer to comment on people
/ who became servants of the devil and possessed magic books. Pope
Sy)veste; JI�, the· Aquitanian · sdiolar · e�!rhett;- b'ecame the s�b1eci: of a
\series of legends about the search for knc,wledge of magic and encounters .
!with supernatural phenomena.�' Although it is difficult to date the be
ginnings of the Sylvester legends, the English chronicler �!11_.Qf
Malmesbury has given the fullest version of the sto1-y.�5 Gerbert, who
went to study magic in Toledo, stole a book of magic from his master,
fled from Toledo, went to Reims where he became grammaticus, tutor
>..,..{ · t1 to the future emperor Otto III, and later-pope. While pope, Sylvester
'- .) '\.��as alleged to have made a pact with demons in return fq_r magi�l
��c_.. · owe!:S and watJn9wledge. The legend of Sylvester was one of several .
that circulated around certain popes in the eleventh century. Gregory VII
was accused by the Synod of Brixen in 1080 of having himself studied
At the same time something similar occurred in England, not by divine mira
cle, but by inf��Lgaft; which when I shall have related, the credit of the
narrative will not be shaken, though the minds of the hearers should be in
credulous; for I have heard it from a man of such character, who swore he had
seen it, that I should blush to disbelieve. There resided at Berkeley a woman
addicted to witchcraft, as it afterwards appeared, and skilled in ancient
augury: she was excessively gluttonous, perfectly lascivious, setting no bounds
Ytofier debaucheries, as she was 11ot old, though fast declining in life. On a
l-certain day, as she was regaling, a jack-claw, which was a very great favourite,
chattered a little more loudly than usual. On hearing which the woman's knife
fell from her hand, her countenance grew pale, and deeply groaning, "This
day," said she, "my plough has completed its last furrow; to-day I shall hear
of, and suffer, some dreadful calamity." V\Thile yet speaking, the messenger of
her misfortunes arrived; and being asked, why he approached with so dis
tressed an air? "I bring news," said he, "from the village," naming the place,
"of the death of your son, and of the whole family, by a sudden accident."
At this intelligence, the woman, sorely affiicted, immediately took to her bed,
and perceiving the disorder rapidly approaching the vitals, she summoned
her surviving children, a monk, and a nun, by hasty letters; and, when they
arrived, with faltering voice, addressed them thus:. "Formerly, my children, I
l constantly administered to my wretched circumstances by demoniacal arts:
I have been the sink of every vice, the teacher of every allurement: yet, while
practising these crimes, I was accustomed to soothe my hapless soul with the
hope of your piety. Despairing of myself, I rested my expectations on you; I
Aadvanced you as my defenders against evil spirits, my safeguards against my
Gtrongest foes. Now, since I have approached the end of my life, and shall have
those eager to punish, who lured me to sin, I entreat you by your mother's
breasts, if you have any regard, any affection, at least to endeavour to alleviate
my torments; and, although you cannot revoke the sentence already passed
upon my soul, yet you may, perhaps, rescue my body, by these means: sew
up my corpse in the skin of a stag; lay it on its back in a stone coffin; fasten
down the lid with lead and iron; on this lay a stone, bound round with three
iron chains of enormous weight; let there be psalms sung for fifty nights, and
masses said for an equal number of clays, to allay the ferocious attacks of my
adversaries. If I lie thus secure for three nights, on the fourth day bury your
other in the ground; although I fear, lest the earth, which has been so often
:
urden d with my crimes, should refuse to receive and cherish me i n her
bosom.; They did their utmost to comply with her injunctions: but alas! vain
ere
; pi?�s t�ars, vows, or entreaties; so great was the woman's guilt, so great
e
. devils violence. For on the 6rst two nights, while the choir of priests was
lngi g psalms around the body, the devils, one by one, with the utmost ease
� �
ursting open the door of the church, though closed with an immense bolt,
broke asunder the two outer chains;
the middle one being more laboriously
30 Rhetoric and Magic in the Eleventh and Twel�h C,enturies
wrought, remained entire. On the third n:ight, about cock-crow, the whole
monastery seemed to be overthrown from its very foundation, by the clamour
of the approaching enemy. One devil, more terrible in appearance than the
rest, and of loftier stature, broke the gates to shivers by the violence of his
attack. The priests grew motionless with f,ear; their hair stood on end, and
they became speechless. He proceeded, as it appeared, with haughty step
towards the coffin, and calling on the woman by name, commanded her to.
rise. She replying that she could not on account of the chains: "You shall be
loosed," said he, "and to your cost:" and dlirectly he broke the chain, which
had mocked the ferocity of the others, with as little exertion as though it had
been made of flax. He also beat down the cover of the coffin with his foot,
and taking her by the hand, before them all, he dragged her out of the church.
At the doors appeared a black horse, proudly neighing, with iron hooks pro
jecting over his whole back; on which the wretched creature was placed, and,
immediately, with the whole party, vanished from the eyes of the beholders;
her pitiable cries, however, for assistance, were heard for nearly the space of
four miles. No person will deem this incredible, who has read St. Gregory's
Dialogues; who tells, in his fourth book, of a1 wicked man that had been buried
in a church, and was cast out of doors again by devils. Among the French also,
what I am about to relate is frequently mentioned. Charles Martel, a man of
renowned valour, who obliged the Saracens, when they had invaded France,
to retire to Spain, was, at his death, buried in the church of St. Denys; but as
he had seized much of the property of almost all the monasteries in France
for the purpose of paying his soldiers, he was visibly taken away from his tomb
I
, by evil spirits, and has nowhere been seen to his day. At length this was re
vealed to the bishop of Orleans, and by him publicly made known.27
of his work that his charges against Hotiland are ficitious; yet he por
trays a figure recognizeable to eleventh-century clerical readers as a
/1 magician. The invective against tenth- and eleventh-century popes is also
literary, as are the episodes described by William of Malmesbury. Yet;
taken together, they contain virtually all of the elements for which later
heretics, magicians, and witches were punished. It is not sufficient to·.
say, as some historians have, that these accusations are simply conv�n-"..
tional rhetoric. In spite of the extraordinary literary virtuosity of the·
accusations levelled in these sources, the accusations themselves rarely;
if ever, led to ecclesiastical or temporal JPUnishment. Much more serious
Rhetoric and Magic in the Eleventh and Twelfth Centuries
were the descriptions of heretical beliefs and activities that began to
33
r?etorician, rather than the inherent substance of the actions and prac
.. -{hces described. On the other hand, monastic critics focus upon the ac
tions and practices themselves. That these criticisms did not lead directly
to harsh punishments, or at least an attempt to seek out and reform
Rhetoric and Magic in the Eleventh and Twelfth Centuries
magicians, may be explained by the fac:t that they were perceived in
34
I such a way as to confirm the monastic belief that the world was full of
horrors and temptations. Monastic writers denounced the evils of the
world, but they usually made little effort to change them. Not until the.
Investiture Contest and the principles of Gregorian Reform did the
jl pract�ces of the world become the business of ecclesiastical judges and
coercive powers.
One of the most influential currents ol f eleventh- and twelfth-century
life for secular and monastic clergy alike, however, was the growth of
lYarious kinds of �: doctrinal in the monastic and later the secular
and lay worlds, reformist in the secular clergy and among other lay
people.32 It is the chronicles that first inform historians of the growth of
heresy, and it is in the chronicles that the descriptions of heretical beliefs
land practices are most graphically described. Too often, historians have
taken chroniclers' and other ecclesiastical! descriptions of heretical prac
tices at face value, and even the truism that descriptions of magicians'
and witches' practices grew out of descriptions of heretical practices
usually is cited without the compelling question: out of what did the
tlescriptions of heretics' practices come? Two answers that have gained
the greatest currency are, first, that the practices described were real,
that heretics did these things ( for a varie1ty of reasons) , and that church
men ve1y naturally feared for their Bocks because of them; second, that
the practices described were the product of the fevered imaginations of
church prosecutors and theologians, that 1 they corresponded with nothing
J in reality, that they were simply a momentary form taken in the eternal
duel of theology with "reason." The rhetorical character of Anselm of·
Besate's Rhetorimachia and the principl,es of rhetoric in general, how-;
ever, suggest another interpretation: that the duty of clerical chroniclers-.
was not simply to record, but to advocate reform and revulsion from.
• the dangers of heresy. To do this, the particular details of heretical or
magical practices were far less important than the horror they induced
in the reading about them. Moreover, chroniclers were writers. Trained,
in grammar and rhetoric, they were proud of their command of rhetorical
devices, not the least important of which w�s the rheto1ician's ability to
impose a narrative and stylistic order ,upon chaotic human behavior.
In Inferno, canto 25, when Dante observe:s, "Let Lucan now be silent . . ."
-for Dante's own description of the metamorphosis of the thieves out_.
does both Lucan and Ovid-the poet indicates the delight and pride of ·
the rhetorician in controlling chaos and describing the indescribable.
Twelfth- and thirteenth-century chronic:lers, although there were few
Dantes among them, nevertheless worked along similar lines. An exam
ination of several familiar texts in the light of the rhetorical tradition and
the moral aims of monastic chroniclers may suggest a reading somewhat
different from the traditional ones.
(1.C( LA I) C-\.¥'- ,. o,.....
In the time of Louis, King of France, who fathered King Philip, while the
error of certain heretics, who are called Publicans in the vernacular, was spread
ing through several of the provinces of France, a marvelous thing happened
in the city of Rheims in connection with an old woman infected with that
plague. For one day when Lord William, archbishop of that city and King
Philip's uncle, was taking a canter with his clergy outside the city, one of his
clerks, Master Gervais of Tilbury- by name, noticed a girl walking alone in a
vineyard. Urged by the curiosity of hot-blooded youth, he turned aside to her,
as we later heard from his own lips when he was a canon. He greeted her and
attentively inquired whose daughter she was and what she was doing there
alone, and then, after admiring her beauty for a while, he at length in courtly
fashion made her a proposal of wanton love. She was much abashed, and with
eyes cast down, she answered him with simple gesture and a certain gravity of
speech: "Good youth, the Lord does not desire me ever to be your friend or
the friend of any man, for if ever I forsook my virginity and my body had
once been defiled, I should most assuredly fall under eternal damnation with
out hope of recall."
As he heard this, Master Gervais at once realized that she was one of that
most impious sect of Publicans, who at that time were everywhere being sought
out and destroyed, especially by Philip, count of Flanders, who was harassing
them pitilessly with righteous cruelty. Some of them, indeed, had come to
England and were seized at Oxford, where by command of King Henry II they
. were shamefully branded on their foreheads with a red-hot key. While the
aforesaid clerk was arguing with the girl to demonstrate the errors of such an
answer, the archbishop approached with his retinue and, learning the cause of
the argument, ordered the girl seized and brought with him to the city. When
he addressed her in the presence of his clergy and advanced many scriptural
passages and reasonable arguments to confute her error, she replied that she
had not yet been well enough taught to demonstrate the falsity of such state
ments but she admitted that she had a mistress in the city who, by her argu
ments, would very easily refute everyone's objections. So, when the girl had
disclosed the woman's name and abode, she was immediately sought out,
found, and haled before the archbishop by his officials. When she was assailed
from all sides by the archbishop himself and the clergy with many questions
and with texts of the Holy Scriptures which might destroy such error, by
perverse interpretation she so altered all the texts advanced that it became
obvious to everyone that the spirit of aU error spoke through her mouth.
Indeed, to the texts and narratives of both the Old and New Testaments which
they put to her, she answered as easily, as much by memory, as though she
had mastered a knowledge of all the Scriptures and had been well trained in
this kind of response, mixing the false with the true and mocking the true
interpretation of our faith with a kind of perverted insight. Therefore, because
it was impossible to recall the obstinate minds of both these persons from the
36 Rhetoric and Magic in the Eleventh and Twelfth Centuries
error of their ways by threat or persuasion, or by any arguments or scriptural
texts, they were placed in prison until the following day.
On the morrow they were recalled to the archepiscopal court, before the
archbishop and all the clergy, and in the presence of the nobility were again
confronted with many reasons for renounciing their error publicly. But since
they yielded not at all to salutary admonitions but persisted stubbornly in
error once adopted, it was unanimously decreed that they be delivered to the
Hames. When the fire had been lighted in the city and the officials were about
to drag them to the punishment decreed, that mistress of vile error exclaimed
/
"O foolish and unjust judges, do you think now to bum me in your flames?
�
I fear not your judgment, nor do I tremble at the waiting fire!" With thes
words, she suddenly pulled a ball of thread from her heaving bosom and
threw it out of a large window, but keeping the end of the thread in her handsl
/I
1
then in a Joud voice, audible to all, she said "Catch!" At the word, she wa 1 \
lifted from the earth before everyone's eyes and followed the ball out the 1
window in rapid flight, sustained, we believe, by the ministry of the evil spirits�
who once caught Simon Magus up into the air. What became of that wicked
woman, or whither she was transported, th, e onlookers could in no wise dis
cover. But the girl had not yet become so dleeply involved in the madness of
that sect; and, since she still was present, yet could be recalled from the stub
born course upon which she had embarke, d neither by the inducement of
reason nor by the promise of riches, she was burned. She caused a great deal 1
of astonishment to many, for she emitted no sigh, not a tear, no groan, but
endured all the agony of the conflagration steadfastly and eagerly, like a martyr
of Christ. But for how different a cause from the Christian religion, for which
they of the past were slaughtered by pagans! People of this wicked sect choose
to die rather than be c:mverted from error; l but they have nothing in common
with the constancy and steadfastness of m21rtyrs for Christ, since it is piety
which brings contempt for death to the latter, to the former it is hardness of
heart.
These heretics allege that children should not be baptized until they reach
the age of understanding; they add that prayers should not be offered for the
dead, nor intercession asked of the saints. The:y condemn marriages; they preach
virginity as a cover for their lasciviousness. They abhor milk and anything
made thereof and all food which is the product of coition. They do not believe
that purgatorial fire awaits one after death lbut that once the soul is released
it goes immediately to rest or to damnation. They accept no scriptures as holy
except the Gospels and the canonical letters. They are countryfolk and so can
not be overcome by rational argument, corrected by scriptural texts, or swayed
by persuasions. They choose rather to die than to be converted from this most
impious sect. Those who have delved into their secrets declare also that these
persons do not believe that God administe1rs human affairs or exercises any
direction or control over earthly creatures. Instead, an apostate angel, whom
they call Luzabel, presides over all the material creation, and all things on
eart11 are done by his will. The body is shaped by the devil, the soul is created
by God and infused into the body; whence it comes about that a persistent
struggle is always being waged between body and soul. Some also say that in
Rhetoric and Magic in the Eleventh and Twelfth Centuries 37
their subterranean haunts they perform execrable sacrifices to their Lucifer at
stated times and that there they enact certain sacriligious infamies. 33
-
consideration. In his muddled de�f>!!�� of_ �ublica!,1. beli�fs at tlJ�t!).d
-� -
l
of the episo�reS'
.
ents'"*it. recognizable picture corroborated by
- ot e.:,;ources of som7, asp�tL2.f.. �!!!����tl!n:.. du_alism; however, . so�e
elem�ntsoTnisoescription are clearly contradictory and are ins1?_ired not
by accuracy, but by the traditional explanation of heretical behavior:
Hl:!retics·· emphasis upon virginity is regarded as a cover for lascivious
ness; heretics afET'rusticS and cannot' be· reasoned with ( although the girl
and her mistress reside in Reims) ; they perform sacrifices to Lucifer;
their heroism in the face of persecution comes· from hardness of heart,
rather than piety. These last elements are already familiar from the
they had become almost a topos in describing heretics. Yet even these
literature of the earlier twelfth century, and by the time Ralph wrote
William of Reims once told him personally the story of the knight who
sprinkled blessed salt on food set before him by his nephew, the follower
of an unnamed heretical sect that seems to have practiced deceptive
magic. Once the salt was sprin�Jed on the food, "suddenly the fish dis
appeared and there on the dish was left some substance like pellets of
hare dung." After failing to convince his nephew of the error of his ways,
the knight enclosed the nephew and his teachers in a house and attempted
unsuccessfully to burn it to the ground. Only when the bishop of Vienne
performed a certain ritual upon the heretics/magicians, were they able
to be consumed by the Hames.M
Walter Map's accounts of heretics are no less inaccurate than Ralph of
Coggeshall's, although they contain more plausible details. Nevertheless,
the curious recurrence of William of Reims in these two stories from
very different sources suggests that the prelate may have figured in a
number of traditions describing heretics. In any case, Map's story is at
least as literary as Ralph's, if not quite as artfully constructed. One indi
cation, then, of the source of the activities and beliefs attributed by
ecclesiastical writers to heretical and magical sects, is rhetorical. Walter
Map, Gervais of Tilbury, and Ralph of Coggeshall all share the same
aims: to arrest the attention of their readers, to heighten the reader's
revulsion by setting their stories in skillful literary constructions, and to
demonstrate the rhetorician's ability to control and display his repulsive
materials in a manner strikingly similar to other aspects of Romanesque
aesthetic ideas. It is to the depiction of magic and heresy in te1ms of
that literary aesthetic that we must now turn.
What is common to the stories told by Ralph of Coggeshall and Walter
Map is the element of embellishing what may be considered an accurate
core account of heretical beliefs and practices ( identifiable because they
are in part corroborated by other, less literary sources ) with literarily
devised and clearly fictitious elements. A number of historians of heresy
and witc}:icraft have commented upon tt'; gen�;�l cha��� ;f;��ieval
, I ecclesiastical invective and its unreliability in most areas an an illustra- .
fJ/ _ . ,
tion of actual behavior and belief. As others, too, hav� poi�t�g <1ut, t1'�
purpose of such accounts as Ralph's and Walter Map's was not to inform
accurately, but to arouse within the pious reader the appropriate revuf
_
�lOn against the object being condemned. Hence, by analogy an1 py
. � ·-
invoki:ng different spheres of meaning, chroniclers consistently erripha-
�.
,sized th� perso.�l depravity of heretics : and witch��, their physical de
40 Rhetoric and Magic in the Eleventh and Twelfth Centuries
formities and illnesses, their sexual oehavior, and their unalterable sub
jection to Satan: In addition, since the ' heresies and deviant practices
condemned were regarded as manifestations of the devil's eternal enmity
to Christians, descriptions of older heresies and condemnations of other
forms of deviant practice from the first centuries of Christian history were
t1 often applied to the enemies of the twelfth and thirteenth centuries.
These practices were not, of course, cons: cious deception, nor were they
even manifestations of fraus pia, pious fraud. To excite the horror and
arouse the zealousness of contemporary Christians, writers like Ralph of
Coggeshall and Walter Map described . their heretics in a manner per
fectly consistent with the mentality of itbe twelfth century. They and
other writers like them were, in fact, faced by a se1ious problem. Before
the late eleventh century, reformist and learned heresies had largely
occurred within the precincts of the monastic cloister. Other deviant
beliefs were dealt with by councils, penitentials, sermons, occasional
treatises, and royal decrees, but they did not generate a conspicuous
literature, and the monastic literature of heresy was hardly appropriate to
describe the social, intellectual and spiritual ferment of the late eleventh
and twelfth-century laity and clergy. Consequently, the task of describ
ing heresy, warning orthodox Christians i0f its dangers, and alerting the
Christian public to the depravity of the heretics was a relatively new
one, even at the end of the twelfth century when Ralph and Walter
wrote. Like much other literature of the pe1iod, their works shared some
thing of the Romanesque mentality. In some respects, although analogies
with the visual arts are always dangerous: , the grotesqueries and literary
embellishments of the two stories cited above are analogous to the
visualization of the struggle between goodl and evil that occupies so much
of Romanesque art. Most of the activities: that later would be attributed
to witches and magicians were already present in the invective against
spiritual deviancy developed by twelfth-centmy theologians and chroni
clers, except for certain traits that did not appear until much later and
seem to me to be far less important. The development of this invective
and its use in the twelfth and early thirteenth centuries have not yet
been investigated.
In their fine collection of documents on the history of heresy, Walter
Wakefield and A. P. Evans included the two passages discussed at the
beginning of this chapter under the gerneral subtitle, "From Heresy to
Witchcraft."35 In so designating these texts, Wakefield and Evans recog
nized the common elements in twelfth-century ideas of heretical conduct'
and occult practices. It is worth pointing out that most of the embellished
invective describing heretics of the sort discussed above dates from the
twelfth century. During the thirteenth ani d fourteenth centuries, church-
p
which it is made and the sexual license of the secret, nocturnal gather
ings.40 Whether Guibert modelled his own account on that of the Synod
of Orleans, or whether both sources drew upon earlier ones, two conclu
sions may be reached concerning these and much other twelfth-century
literature on heretics. First, especially irn the case of Guibert, those who
described heretical beliefs were more widely read than most of their
predecessors, and they applied the fruits of their wide reading to the
cases they judged or described. Second, perhaps out of late antique
sources, these writers had by the early twelfth century created a dis
tinctive form of invective against certaiin kinds of heretics. This invec
tive-having part of its roots in Roman invective against magicians,
objects of satire, Jews, and deviant Christians-was applied to both
heretics and magicians in the twelfth century. Although heretics soon
came under the scrutiny and authority of different sorts of thinkers and
writers, the invective used against them in the early twelfth century
occasionally remained, and certainly applied to groups such as magicians
and witches long after it ceased to be applied generally to heretics.
Variant forms of the paradigm of the secret meetings of deviants
existed in Christian literature at least as early as the first apologists, and
many of them were preserved in the works of the Church Fathers, par
ticularly St. Augustine. Augustine's description of Manichean and
Montanist practices appears to have bee1:1 the source, certainly of Guibert
of Nogent's description, probably of the Synod of Orleans, and surely of
other eleventh- and twelft h -century accounts such as those of Adhemar ·
of Chabannes and Paul of St. Peire de Chartres. The new interest in sucli
writings as Augustine s on the part of eleventh- and twelfth-century
writers on heresy was probably a resiult of their generally increased
'.
45
century concern with secret meetings and secret teachings was directed.
Rhetoric and Magic in the Eleventh and Twel�h Centuries
ing on the heretical. Secret teaching and hidden books certainly played
their part in the earlier world of Anselm of Besate, but in the twelfth
centu1y the fear of secrecy came into full force. In his sermon against
heresy in 1144, St. Bernard (who-may have levelled the original accusa
tion at Abelard) holds forth on the verse of Canticles 2:15, "Catch us
the little foxes that destroy the vines, for our vineyard hath B.ourished."43
In this sermon Bernard launches a formidable attack, not on openly pro
fessed heretics, but upon those "who would rather injure than conquer
and who do not even wish to disclose themselves, but prefer to slink
about in the shadows." As it had in earlier commentaries on the Old
Testament, the metaphor of the little foxes became commonplace in
discussions of heretics and e�tered the vocabulary of papal letters as well
as sermons and later biblical commentary.
As Jeffrey Russell has pointed out,_these denunciations of heretics
mingle accusations of magic and witchcraft with attacks upon heretical·
errors. Monastic chroniclers and moralists in the first half of the twelfth
century made the first concerted attack upon ecclesiastical deviance by
.
emphasizing· the elements of secrecy, abasement before the demon, ·
lasciviousness, cannibalism, magic food, and hypnotic attraction by feign
ing- Christian virtues. The monastic view of the lay world, its dependence
upon patristic literary authority, its belief in the eternity of ancient
heresies, 'and its growing fear of secrecy, in the schools as well as the
heretics' conventicles and "synagogues," thus gave shape to a paradigm
of deviance that did not soon lose its power. The paradigm was itself also
shaped by such rhetorical adventures as that of Anselm of Besate, dis
cussed at the beginning of this chapter, and continued in a number of
i,- literary genres through the twelfth and thirteenth centuries. It is t() these
genres that we now turn.
! vices and virtues for rulers and their courtiers and assistants.4 Book 1
of the Policraticus treats the courtiers' vices of fear of fortune, impropriety,
hunting, gambling, music, actors, mimes, juggle.rs, and illusionists. John's
7
1}
say that even they, in comparison to others in their congregations, suffered
many affiictions afteiward. 50
of the court in the cultural life of the twelfth, thirteenth, and fourteenth
centuries has not received a great deal of attention from histo1ians, who
I\ have usually focused upon its administrative, dynastic, artistic, and politi-
'Lcal roles. Of the three great twelfth-centu1y institutions that transformed
the whole of European life, the court has been discussed the least. Cities
and universities, perhaps because they have survived into the modern
world, have undeservedly received far more attention. Indeed, it is not
too much to say that some of the circumstances which Peter Brown
ascribed to the spread of magic in fourth- and fifth-century Rome begin .
�o recur only in the twelfth century, and first in the court. 55 It is in the
court that great power and wealth are to be w9n, _ not necessarily by ·
diligent service or higl1 birth, but by· favor. Favor may be ostensible and
direct, " a reward for skill or talent, but it may also be indirect, the product
of �Tfiv-ated · p atrons, courtiers, servants, and other informal but real
SQQLces. of power. The indictment of court life by Joho of Salisbury- and
others is based, to be sure, in part upon the conventional moral ideals of
the twelfth-century Church. In another aspect, John criticizes specific
vices and faults to which the courtier is especially prone. It is no acci
dent that John begins the Policraticus with an indictment against those
who believe that random fortune bestows favors and disgraces arbi
trarily. The insecurity of the courtier-his need to play upon many stages
at once, hrs pragmatic convJCtion ffiaffavor may be won by public and
Private methods, and his search for any methods that will assure or at
least promise success-make him especially prone to the vices of flatte1y,
consulting magicians, and perhaps even instigating magical powers
against his own enemies, real or imagined.56 In the humanist courts of
the late fifteenth century described by Castiglione in II Corteggiano,
Rhetoric and Magic in the Eleventh and Twel�h Centuries
Lauro Martines has found the same characteristics: immense insecurity,
50
pressure to please the lord in many different areas, and the fear of falling
victim to Fo1tune. The process that shaped Castiglione's courtier was
already at work in the twelfth century, and the Policraticus is one of the
earliest attempts to criticize the moral world of the court as a new
phenomenon.57
The courtier's success might have depended as easily upon love, per
suasion, the removal of an enemy, or attracting the personal affection
of his lord, as upon talent, skill, and proven experience; he might have
been driven to desperation to learn what the future held in store; or he
might have felt himself to be the victim of magic. Under these circum
stances, he could very readily provide employment for at least some of
the types of magicians and soothsayers whom John of Salisbury took such
great pains and so many leaves of the Policraticus to denounce. As will
be shown in Chapter 4, the association of the courtier and the magician .
) was not exclusively a twelfth-century phenomenon. As the world of the
court grew greater, more wealthy, and more crowded, the place of the
individual courtier became even less secme. By the end of the thirteenth
century in Paris and Rome and shortly afterward elsewhere, the daily
' fear of magic was a real-and punishable--offense.
Walter Map's De nugiis curialium, "Courtiers' Trifles," was written in
the 1180's and probably completed by 1193.�" The word nuga, which
appears in the titles of both the Polic-raticus and the De nugiis, is com-
monly translated as "trifles," that is, distractions, trivial faults, amuse
'
ments, or f1ivolities. Nuga, however, has another meaning in medieval
Latin. Merely by virtue of its first meaning, it also carried a moral con
notation, implying vices. Thomas Aquinas, for example, a century later,
distinguished between two kinds of evil human practices. Some are
noxia, some are nugatoria. Basing his distinction on St. Augustine's De
doctrina Christiana, Aquinas distinguishes them thus:
Nugae, therefore, are also forms of vke, less harmful than noxia but
certainly more than "trifles." Suen a meanting is clearer in the Policraticus
which is, in fact, a sort of moral guideboo'k for courtiers and their masters.
In the work of Walter Map, however, there is no such systematic schema,
and his stories, although they are clearly moral stories, cover a much
wider range than the serious learning of Jt0hn of Salisbury. Thus, the work
.!. is harder to use as a reflection of Map's own observations.
Rhetoric and Magic i n the Eleventh and Twelfth Centuries
The first section of the De nugiis lays out a serious of complaints about
51
{- sources for later accusations against the Templars, the story of Nicholas
i Pipe, a Sicilian diver, and other tales. Boo,k 5 deals with historical rulers
of recent history, and the work concludes with a recapitulation of the
opening, another warning to kings to watch hard for courtiers' vices. It is
clear that Map's book too deals with both meanings of nugae-triB.ing
amusements and minor vices. Less direct and less serious than John of
Salisbury, Map is far more picturesque, willing to draw on a diversity of
sources to illustrate his often diluted moral points. Thus, although Map's
De nugiis contains a far wider variety of tales of magic and the super
natural, and although these tales are used for ostensibly the same pur
poses as those of John of Salisbury, they are more the products of a
literary humanism, and less accurate reflections of Map's own observance.
As we have seen, even Map's accounts of his personal encounters with
heretics are modest enough desc1iptions. I n a few stories, however, there
is evidence of the same concern for magic· and demons in the life of the
t'court as one finds in John of Salisbury. Map argues that knigh�_ ..!!!19
courtiers are yniquely vuh:ierable_ to the temptations .. of demons and
,\ magicians. Less explicit than John of Salisbury's work, Map's De nugiis
is nevertheless part of the literature of courtly criticism that began in the
twelfth century and lasted until the eighteenth.
Written for and about the courtly rul!ing classes of twelfth-century
Europe, the Policraticus and the De migiis curialium are not conventional
tracts on vices and virtues of the kind best known from monastic and
----
clerical academic circles, and they are ceirtainly far from the penitential
literature of the eleventh and twelfth centuries. They are, nevertheless,
important works that reflect . the twelfth-century writer's awareness of the
unique cl�·ar�-ofcou�tfy lif; ;n,f the t�erriptations tl;at it pat�ic�
offer�d� �W1:tciaUy"11rWalter K;fap's case-::-beneai:h the class1ca1afh.1sions,
the disgressions, the biting satire against Cistercians and charlatans, and
the curiosities that amused his readers-tthere is a level of concern for
knightly behavior in what is clearly to him, as to John of Salisbury, a
new center of lay and clerical activity. As John Baldwin has shown, the
phenomenon of the court and its partic1Ular temptations also troubled
; the moral theologians at Paris during the second half of the twelfth and
the beginning of the thirteenth centmies.67 As Erich Kohler and other his
torians have shown, even the Arthurian !literary romances, long consid�
ered the characteristic literary forms of courtly society, deal in large part
with moral and psychological dilemmas unique to courtly life. The magic
/ the romances, however, seems to me to be quite removed from the
of
�ubjects treated by John of Salisbury, Walter Map, and the Paris theo
logians and moral refonners. In the latter works, the moral dangers of
magic and other vices to which courtier:s are especially prone are not
Rhetoric and Magic in the Eleventh and Tu;el�h Centuries 53
symbolically described, but openly denoun.£_ed. The direct moral voices
of these ecclesiastical courtly criticsreveal that the concern about magic
the courts was widespread, well known, and wonisome. Like actors,
mimes, flatterers, usurers, and traducers, the• sorcerer's apprentices who
t,;i
divined, created love potions, and told the future at twelfth-century
)European courts were well known to moral critics. In the works dis-
�ssed so far in this section, it is clear that the old injunctions of Isidore
of Seville and Augustine, reiterated by Hrabanus Maurus and Hu.,g!_i_ of
St. Victor, underlay the basis of the hostility]lm ol Salisbury anl others
fotheidea and practice of magic in all forms. But the critics' hostility
o
was not merely general and academic. They saw the magicians at court
and denounced specifically the noble's and the courtier's vulnerability to
them. A century later, more learned magicians attended other courts
l?-nd they, too, aroused hostility and eventually repressive legislation.
This literature was written for the comt, too, partly to warn courtiers
and rulers about the temptations unique to their station and life-style,
and partly to amuse them. John of Salisbury conveyed moral instruction
l and criticism along with pious, classical humanism; Walter Map wrote
�with an ornate Latin style, a powerful imagination, and a natural genius
for story telling. These latter qualities have tended to make both the
early books of the Policraticus and the whole of the De nugiis curialium
somewhat remote from most scholarly discussions of the twelfth century.
Seen in the light of their function as both instruction and amusement
books aimed at the noble courtly class, however, both works ( and
others) reveal a considerable concern over the casual and hitherto gen
lerally unnoticed use of various kinds of magic in the courts of twelfth
century Europe.
A third work of a similar kind is the Otia lmperialia of Gervais of
'""Tilbury,68 Gervais was born in the early 1150s, perhaps at Tilbury in the
western part of Essex. He probably received a clerical education, pos
sibly continuing it on the continent, for he was known to be at Rome in
1166 and at Bologna, where he studied and taught canon law, by 1170.
After 1180 he was in the service of Hemy II of England; then, in that of
Henry's son ( Henry the young king). After attending the courts of Arch
bishop William of Reims and King William II of Sicily, he moved on to
Aries, where he married well and was finally made marshal of the king
dom by Otto IV. After Otto's defeat at Bouvines in 1214 and his death
in 1218, Gervais appears to have returned to England and entered a
house of canons regular. He died sometime in the 1220s. His major work,
the Otia Imperialia, was probably begun in the household of Henry the
young king and completed for Otto IV sometime between 1214 and 1218.
The work has been called a commonplace book, a compilation from
earlier authors, Christian and classical, dealing with history, political
54 Rhetoric and Magic in the Eleventh and Twelfth Centuries
geography, and "marvels," aimed at soothing and instructing the ruler
during his few moments of leisure.
The work opens with a description of tlfle regnum and sacerdotium in
which, not surprisingly, the authority of the sacerdotium is exalted
and that of the regnum subordinated to it. But good rulers work
tirelessly, says Gervais, and they need the i restorative powers of their few
moments of leisure:
Enim vero in dilucidis intervallis imperialis maiestas nonunquam sono citharae
David, vexationem, in Saule a Spiritu perturlbante factam, amotam sentit, aut
emollitam. Quia ergo optimum naturae fatigat:ae remedium est amare novitates
et gaudere variis, nee decet tarn sacras spiritu mimorum fallaci ventilari,
<lignum duxi aliquid auribus vestris ingerere, quo humana geretur recuperare.69
The first two of the three divisiones of the work treat the history and
geography of the world down to the thirte:enth century. The third divisio
,) deals with mirabilia. This is an extremely broad heading under which
l Gervais includes both brief and extensive passages describing pagan and
Christian mythology and legend, natural wonders, legendary anthropol
ogy, animal allegory, natural phenomena, and stories of phantoms, lamiae
and larvae noctumae. 10 In all, the third d: ivisio is an interesting example
of the kind of general information thought suitable to inform and divert a
thirteenth-century prince during his leisu: re, and in this sense it can be
regarded as a book of instruction, moral te:aching, and entertainment.
Although historians of magic and witcl!icraft have given considerable
attention to Gervais's stories of lamiae, larvae nocturnae, and supernatural
flight, fewer have considered his portrait of an English magician at the
court of Roger II of Sicily:
In the time of King Roger of Sicily there came a certain master of English
· origin asking the king of his bounty to mak,e him a gift. Now the king, who
was distinguished alike by birth and breeding, thought that some substantial
favour would be demanded of him and he replied: 'Ask whatever gift you wish,
and I will give it to you.' But the petitioner., a man of great learning, skilled
and subtle in both the trivium and the quadriivium, experienced in physics and
eminent in astronomy, told the king that he did not seek temporal rewards
but rather what men might deem worthless, namely Vergil's bones, wherever
they might be found within the confines of his kingdom. The king granted his
request and, armed with a royal warrant, the master came to Naples, where
Vergil had displayed his genius in many ways. After he had produced his
warrant, the people, though ignorant of the place of sepulture, accor.ded their
obedience and readily promised what, to the best of their belief, was an impos
- . ' � sibility. In the end, however, the master, guided in the right direction by his
'· � � /!rt, located the bones within a tomb in the mountainside, although no sign
of an opening could be discerned. The spot vvas excavated and after prolonged
Rhetoric and Magic in the Eleventh and Twelfrh Centuries 55
labour a tomb was exposed wherein was found the body of Vergil, not yet dis
solved, and at his head a book. In this book the notary art was inscribed
together with other diagrams relating to his science. After the dust and bones
had been removed, the book was taken by th� master. Then, however, the
people of Naples remembered the particular affection that Vergil had for their
city and feared lest it should be exposed to harm if the bones were taken away.
They decided, therefore, to disregard the king's mandate rather than by obedi
ence to be the cause of the destruction of the town. Vergil, it was thought, had
himself placed the tomb in the bowels of the mountain, opining that the
removal of his bones would bring his artifices to naught. The master of the
knights, therefore, with a crowd �f citizens, gathered the bones together again
and, placing them in a leather 6ag, took them to a castle surrounded by the
sea on the borders of the city, where they are shown through an iron grille to
those wishing to see them.
When the master was asked what he had intended to do with the bones, he
� replied that, by his incantations, he would have so contrived that in answer
7 to his questions the bones would have revealed to him the whole of Vergil's
art and that he would have been satisfied if they had been given to him in
their entirety for the space of forty days. Taking therefore, only the book with
him, the master departed. We have ourselves seen extracts from this very book,
made by the venerable cardinal John of Naples in the time of Pope Alexander,
and by conducting experiments we have proved their truth.71
tion on mirabilia, from which these extracts have been taken. Thus, they
are, for Gervais, "wonders." Third, Gervais cites as his authorities St.
Augustine, Apuleius, Plato, and Humbert, Archbishop of Aries-hardly
representatives of "popular beliefs." If there is a core of "popular tale"
among these stories, that core is quickly overlaid with learning and
classical and patristic references. Moreover, Gervais is not writing law or
history. He is writing to instruct and interest a ruler in his leisure hours.
Otto IV, or indeed any other member of the vast, cosmopolitan family of
twelfth- and thirteenth-century rulers of the Latin west, was expected to
know of and to show some interest in these stories. The wonders of the
world, like its geography and history, were fitting subjects for the leisure
reading of a mighty prince/
The story of the English master contains other elements besides stories
\
\ of .flying women and night visitors. Here, too, we see the magician at
1/ court, this time seeking permission to remove the bones of an even
greater magician, Vergil. The magic book, the power of the poet
magician's bones, and the incantations known to the English master all ·
hark back to the stories told by Anselm of Besate, William of Malmes
bury, and Walter Map. The learned magician ( about whom Gervais is
singularly neutral, even somewhat approving) is not condemned outright
as he was in the Policraticus, but Gervais's approach to moral matters in
the Otia imperialia seems to have been confined to the relations between
regnum and sacerdotium in any case.
To sum up: different kinds of literary sources between the mid-eleventh.
and the early thirteenth century discussed magic in many forms. All of.
them derived their material from a literary tradition, all of them aimed at.
specific audiences, and none of them shared the theological or legal views· ·
of the late twelfth and early thirteenth centuries. Uniformly, they all/
denounced magic, proclaimed its reality, and associated it particularly ·
1
with certain inteliectual circles, heretics, courts, or Jews; and all reveal a
strong literary influence from classical and patristic authors. In this sense,
they all agree with the uniform condemnation of all f01ms of magic
launched by the Fathers of the early church, codified by Isidore of Seville,
; and forcibly reiterated by Hugh of St. Vic1 tor in the Didascalicon. Both
the heretic and the magician in these sources are colored in much the
same terms. Both possessed secret books, and both used them. As we
!
have also seen, there was a general fear of secret knowledge and secret
teaching in other twelfth-century circles. Finally, all of the writers con
sidered here, whatever their ultimate purpose, derived their method of
depicting heretics and magicians and their accusations from a literary 1
tradition. Two of them, at least, Anselm and Walter Map, eagerly demon
strated their rhetOJical command of unusiual and bizarre materials in
•
their work. In doing so, they placed the figures of the magician and the
Rhetoric and Magic in the Eleventh and Twel�h Centuries 57 •
.,.,
NOTES
1. For Anselm, see the standard edition of his work: K. Manitius, ed., Gunzo
(Weimar, 1958). See also K. Manitius, "Magie und Rhetorik bei Anselm von
Besate," Deutsches Archiv 12 (1956): 52-72; H. E. J. Cowdrey, "Anselm of
Besate and Some North-Italian Scholars of the Eleventh Century," Journal of
Ecclesiastical History 23 (1972): 115-24; Marie-Therese d'Alvemy, "La sur
vivance de la magie antique," in Miscellanea Medievalia, I: Antike und Orient
im Mittelalter, ed. P. Wilpert ( Berlin, 1962), pp. 154-78. I am gratef�l to my
former student Michael Panitz for some of his own work on Anselm and
eleventh-century magic.
2. Cowdrey, "Anselm of Besate," p. 116. See also R. L. Poole, Illustrations
of the History of Medieval Thought and Leaming (London, 1920) , pp. 69-79.
3. Radulfus Glaber, Les cinq livres de ses histoires, ed. M. Prou (Paris,
1886), p. 50.
4. See E. R. Curtius, European Literature in the Latin Middle Ages, trans.
W. R. Trask (Princeton, 1953), pp. 62-79, 154-59, with further references.
5. See Manitius, "Magie und Rhetorik," p. 53, nn. 1, 3; p. 71, n. 121 cites
�he essential texts from Cicero: De oratore 2, 59, 241; De officiis 2, 14, 51; De
inventione 1, 21, 29. See also Rhetorimachia, p. 103; Cowdrey, "Anselm of
Besate," p. ll5.
6. Curtius, Latin Middle Ages, pp. 154-59.
7. There is no body of scholarly literature devoted to the relationship be-
58 Rhetoric and Magic in the Eleventh and Twelfth Centuries
tween rhetorical devices and later medieval thought. In the case of magic and
heresy especially, however, it seems clear that the rhetorical character of
eleventh- and twelfth-century sources was late: r forgotten, but the details con
tained in the rhetorical accounts were retained and illustrated in later thought.
8. Rhetorimachia, pp. 61-94; Manitius, "Magie und Rhetorik," passim.
9. The subject is exhaustively treated by Jeffrey Russell, Witchcraft in the
inquisici6n (Madrid, 1967). See also Keith Thomas, Religion and the Decline
of Magic (New York, 197 1 ) . Most of these w,orks contain references to other
studies. In general, the literary character of elevent h - and twelfth-century
sources is so marked that it seems to me very misleading to attribute specific
beliefs and practices to "folklore" when they ar,e found in such sources. In gen
eral, the indiculi superstitionum and the penite:ntials up to the twelfth century
seem to be more reliable sources for folk practices.
10. C. S. Lewis, The Discarcled Image (Cambridge, England, 1964).
11. See, most recently, Cyrille Vogel, "Pratiques superstitieuses au debut du
Xie siecle d'apres le Correct01' sive medicus die Burchard, eveque de Worms
(965- 1025)," in Etudes de Civilization Medieoale (JXe- Xiie siecles) Melanges
offerts a Edmond-Rene Labande (Poitiers, 1H76 ) , pp. 751-61, with further
references.
12. d'Alverny, "La survivance de la magie antique," p. 178.
13. Ibid., pp. 163-64, 169-70. See below, Chapter 3, for William of
Auvergne.
14. Rhetorimachia, p. 103.
15. Poole, History of Medieval Thought and Leaming, pp. 7 1 - 72.
16. Rhetorimachia, pp. 124, 129-30.
17. Ibid., p. 130.
18. Ibid., pp. 142-43.
19. Ibid. p. 145. On the quaterniones nigromantie of the eleventh and
twelfth centuries, see d'Alvemy, "La survivancH de la magie antique," pp. 154-
78; Lynn Thorndike, History of Magic and Ex: perimental Science (New York,
1923-58) 2:214-29; Manitius, "Magie und Rhetorik," p. 60.
20. Rhetorimachia, pp. 154-56. Like love potions, abortifacients were among
the best-known products of the magical arts between the eleventh and the
seventeenth centuries.
21. Rhetorimachia, pp. 169-80.
22. Ibid., pp. 160-62.
23. Cowdrey, "Anselm of Besate," p. 122.
24. On the origins of the Gerbert legend, see J. J. Dollinger, Die Papstfabeln
des Mittelalters (Munich, 1863), pp. 155-59; F.. Picavet, Gerbert (Paris, 1897);
F. Eichengriin, Gerbe1t als Personlichkeit (Leipzig, 1928).
25. Patrologia Latina 179, cols. 1137-44.
26. See references in Joseph Hansen, Zaub11rwahn, Inquisition tmd Hexen
prozess (Munich, 1900), p. 96, and D0llinge1r, Papstfabeln, pp. 151-59. The
charges of magic against eleventh-century popes have not, in general, attracted
Rhetoric and Magic in the Eleventh and Twelfrh Centuries 59
the attention of modem scholars, except for the famous and fabulous case of
Gerbert.
27. PL 179, cols. 1188-90.
28. Ibid., cols. 1190-91. ,
29. Ibid., cols. 1 142-44.
30. Ibid., cols. 1144-45. I have not been able to discover any reference to
this episode in the works of Peter Damian.
31. Olavus Magnus, Historia de gentibus septentrionalibus (Basel, 1567),
book 3, chap. 21, pp. 119-20. Olavus cites Vincent of Beauvais as his source.
The story is also cited in the thirteenth-century Speculum Laicorum, ed. J. Th.
Welter (Paris, 1914), p. 104. J:he story also became a popular source of
sixteenth-century illustrations. Besides the woodcut in Olavus Magnus, p. 119,
see also Conrad Lycosthenus, Prodigiomm ac Ostentorum Chronicon ( Basel,
1577). The story, as did many others like it, appears to have appealed to
writers on popular devotion and penance in the fourteenth and fifteenth cen
turies. See G. R. Owst, The Destructorium Viciorum of Alexander Carpenter
(London, S.P.C.K., 1952), pp. 32-37, and Owst, "Sortilegium in English
Homiletic Literature of the Fourteenth Century," in Studies Presented to Sir
Hilary Jenkinson, ed. J. Conway Davies (London, 1957 ) , pp. 272-303.
32. I adopt the general categories of Jeffrey B. Russell, especially as de
scribed in his Witchcraft in the Midclle Ages and his Dissent and Reform in
the Early Middle Ages (Berkeley and Los Angeles, 1965) as well as his article
"Interpretations of the Origins of Medieval Heresy," Medieval Studies 25
(1963 ) : 26-53. More recently, the following works have offered some important
modifications to Russell's thesis: R. I. Moore, "The Origins of Medieval
Heresy," llistory, n. s. 55 ( 1970 ) : 21-36; Walter Wakefield and A. P. Evans,
Heresies of the High Middle Ages (New York, 1968); R. I. Moore, The Birth
of Popular Heresy (New York, 1965 ); Janet L. Nelson, "Society, Theodicy and
the Origins of Heresy: Towards a Reassessment of the Medieval Evidence," in
Schism, Heresy and Religious Protest, Studies in Church History, vol. 9, ed.
Derek Baker (Cambridge, England, 1972) , pp. 65-77. On the relation to
popular religion, see R. Manselli, La religion populaire au moyen age (Montreal
and Paris, 1975) and the monumental work of Herbert Grundmann, Religiose
Bewegungen im Mittelalter ( Hildesheim, 1961). Among other ongoing publi
cations of current research, the numbers of the Cahiers de Fanjeaux usually
contain important studies.
33. J. Stevenson, ed., Radulphi de Coggeshall Chronicon Anglicanum, (Lon
don, 1875 ), 121-25; translation in W. Wakefield and A. P. Evans, Heresies,
pp, 251-54.
34. Walter Map, De nugiis curialium, ed. M. R. James (Oxford, 1914). See
also below, p. 51.
35. Wakefield and Evans, Heresies, pp. 249-56.
36. See below, Chapter 6.
�7. Especially the works of Caesarius of Heisterbach, Thomas of Cantimpre,
Etienne de Bourbon, and Vincent of Beauvais.
38. Moore, The Birth of Popula1' Heresy; Norman Cohn. Europe's Inner
60 Rhetoric and Magic in the Eleventh and Twelfth Centuries
Demons: An Enquiry Inspired by the Great Witch-Hunt (New York, 1975),
pp. 1-16.
39. Georges Bourguin, Guibert de Nogent: flistoire de sa vie (Paris, 1907);
John F. Benton, Self and Society in Medieval France (New York, 1970), pp.
212-14.
40. Gesta synodi aurelianensis, in M. Bouquet, Receuils des historiens des
Gaules et de la France, vol. 10 (Paris, 1738-86) pp. 536-39; Russell, Dissent
and Reform, pp. 276-77. As Russell and Cohn have emphasized, early Christian
invective against Gnostics, Manichaeans, and other heretics influenced later
Christian depictions of Cathars and other herntics.
41. See James Feams, "Peter von Bruis und die religiose Bewegung des 12.
Jahrhunderts," Archiv fur Kulturgeschichte 48 ( 1966 ) : 31 1-35; idem, Petri
Venerabilis Contra Petrobrnsianos hereticos (Tumhout, 1968); Jean Chatillon,
"Pierre le Venerable et Jes Petrobrusiens," in Pierre Abelard, Pierre le Venerable,
Colloques Intemationaux du C. N. R. S. (Paris,. 1975), pp. 165-79.
42. Peter Abelard, Ethica c. 5, PL 178, coli. 648. See also Peter Abelard's
Ethics, ed. D. E. Luscombe (Oxford, 1971), and Leif Crane, Peter Abelard
(New York, 1970), pp. 148, 183.
43. Jean Leclerq, et al., Sancti Bernardi Serrrwnes super Cantica Canticorum,
(Rome, 1957-58), vol. 2, sermon 65, pp. 172-77.
44. loannis Saresbe1'iensis episcopi Carnotensis Policratici, ed. C. C. I. Webb,
2 vols. ( Oxford, 1909), 1: 14. All further references to the work will be to
Policraticus, book, chapter, and page number in vol. l of Webb's edition.
45. In works from traditions as diverse as those which influenced Henry
Charles Lea and Jeffrey Russell, the importan, ce of prosecution of heresy for -/
the later prosecution of witches is virtually tak, en for granted.
46. The best guide to the work, aside from Webb's introduction, is Hans
Liebeschtitz, Medieval Humanism in the Life and Writings of John of Salisbury
(London, 1950), pp. 23-34.
47. Aside from some eleventh-century invective against couriers, such as
that of Adalbero of Laon, the work of John of Salisbury is the nrst major moral
treatise to recognize the unique structure of the twelfth-century court and to
treat it as other twelfth-century writers treated the vices and virtues of other
parts of traditional society.
48. Policraticus, book 1, chap. 10- book 2, passim, pp. 49-169.
49. Helen Waddell, The Wandering Scholars (reprint ed., London, 1968), p.
xiii. It should be noted, however, that John is writing of the vices of powerful
ngures and addresses his book to Thomas Becket, then chancellor of Henry II,
who himself was several times accused of resoirting to the very practices that
John condemns. It is not, therefore, surprising that John should cast his con
demnation of twelfth-century courtiers' magic in classical and patristic terms.
50. Policraticus, book 2, chap. 28, pp. 164-1 65. On this episode and others
similar to it, see Liebeschiitz, John of Salisbury,, pp. 26-27, 76-77, and Barbara
Helbling -Gloor, Natur und Aberglaube im Policraticus des Johannes van Salis
bury (Zurich, 1956).
51. See the figure discussed by Gervais of Tii lbury, below, pp. 54-55, and in
Chapter 4.
Rhetoric and Magic in the Eleventh and Twelfth Centuries 61
52. See Thorndyke, 2: 14-304.
53. Above, p. 44; see also M.-D. Chenu, Nature, Man, and Society in the
Twelfth Century trans. J. Taylor and L. K. Little (Chicago, 1968) pp. 270-309.
54. Notably by C. H. Haskins, The Renaisli,Clnce of the Twelfth Century
(Cambridge, Mass., 1927) and by many scholars since, the most recent of whom
is Christopher Brooke, The Twelfth-Century Renaissance (New York, 1969).
Few twelfth-century scholars, however, appear to have taken such criticisms
as those of John of Salisbury senously or to have paid much attention to the
darker side of the twelfth century, the prevalence of magic, the rise of heresy,
and the new emotionally charged anti-Jewish literature of the period. The
dark side of the twelfth century renaissance has yet to find its historian.
55. See Peter Brown, "Sorcerf Demons, and the Rise of Christianity: from
Late Antiquity to the Middle Ages," in Religion and Society in the Age of
Saint Augustine, ed. P. Brown ( New York, 1972).
56. It is in th� life of those in late Roman imperial society whose careers
were insecure and depended upon fortune and favor that Brown has found the
greatest practice of magic in the fourth and fifth centuries. See Chapter 1,
above, and Chapter 4, below, for thirteenth- and fourteenth-century courts.
57. Among other scholars, Erich Kohler has also noted the bearing of real
social pressures upon courtiers. See also 'vV. J. Schroder, Der Ritter zwischen
Welt und Gott (Weimar, 1952).
58. Walter Map, De nugiis curialium, ed. M. R. James (Oxford, 1914). See
also the English translation by F. Tupper and M. B. Ogle, Master Walter Map's
Book De Nugis Curialium (Courtiers' Trifles) (New York, 1924 ) , and James
Hinton, "De Nugis Curialium: Its Plan and Composition," PMLA 32 ( 1917):
81-132.
59. Thomas Aquinas, De So1tibus ad Dominum ]acobum de Tolongo, in
Aquinas, Opuscula (Paris, 1927), pp. 144-62; see also Charles E. Hopkin, The
Share of Thomas Aquinas in the Growth of the Witchcraft Delusion (Philadel
phia, 1940), pp. 87-88, 11. 10.
60. Map, De nugis curialium l, xi. See also Hinton, "De Nugis Curialium,"
p. 75, and Helaine Newstead, "Some Observations on King Herla and the
Herlething," in Medieval Literature and Folklore Studies: Essays in Honor of
Francis Lee Utley, eds. J. Mandel and B. A. Rosenberg (New Brunswick,
1970) , pp. 105-10.
61. Map, De nugis curialium l , xii-xiv.
62. Ibid. 1, xxix-xxxi.
63. The theme of illusory food and its association with heretics and, later,
witches, suggests one aspect of the use of rhetorical commonplaces in the
genre of invective against theological deviants.
64. Ibid. 2, viii-xxxii.
65. Ibid. 3, vi. This story has not often been associated with the peace move
ment of the eleventh and twelfth centuries, but it appears to me to derive from
the invective against violent nobles that became common during this period.
66. Ibid., 4, xi.
67. John W. Baldwin, Masters, Princes and Merchants: The Social Views of
Peter the Chanter and His Circle, 2 vols. (Princeton, 1970) 1 : 198-204. Peter
62 Rhetoric and Magic in the Eieventh and Twelfth Centuries
the Chanter identified magicis and histriones in, the Verbum Abbreviatum, PL
205, cols. 153-56.
68. G. W. Leibnitz, ed., Scriptores rerum bmnsvicensium, vol. 1 (Hanover,
1707), pp. 881-1005, and R. Pauli, ed., MGH, Scriptores xxvii, pp. 358-94.
69. Script. rer. bruns., 1:883.
70. Ibid., 1 : 960-1005. Some of Gervais's sto,ries have been widely cited in
histories of witchcraft. See Henry Charles Lea, Materials Toward a History of
Witchcraft, ed. and Comp. Arthur Howland ( Philadelphia, 1938), 1 : 170-98;
Hansen, Zauberwahn, p. 138; Russell, Witchcraft in the Middle Ages, pp.
1
117-18.
71. H. G. Richardson, "Gervase of Tilbury," History 46 ( 1961 ) , reprinted in
Sylvia Thrupp, ed., Change in Medieval Society (New York, 1964), pp. 89-
102, with full bibliography.
72. Lea, Materials, 1 : 170-98.
3
Learning anq_ Magic in the
Twelfth and Thirteenth Centuries
During the course of the twelfth century, European learning was greatly
altered both by the increased absorption of .,Greek and Arabic scientific
and philosophical works and by the articula;;;;-;;;r inB.uenc;t of the
s�stic method. In the process of acquainting itself with 1.rabi9 learn-I
ing, however, western European culture also encountered an impressively
9 large body of formal, learned magic, the most conspicuous and appealing·
of which was prooaofy -astrology, but &qhem� and other forms of magic 1
1
63
--
Pedro Alfonso produced a collection of stories called the Disciplina
64 Learning and Magic in the Twelfth and Thirteenth Centuries
One of his pupils spoke to a teacher and said to him, "I would like for you
to enumerate the seven arts, seven principles and seven gentlemanly pursuits
in order."
The teacher answered, "I will enumerate them for you. These are the arts:
dialectics, arithmetic, geometry, physics, music, and astronomy. Concerning
the seventh, many diverse opinions exist. The philosophers who do not believe
in prognostication say that necromancy is the seventh; others among them,
namely those who believe in prognostication and in philosophy, think that it
should be a science which encompasses all 111atural matters and mundane ele
ments. Those who do not devote themselves to philosophy say that it is gram
mar. These are the gentlemanly pursuits: niding, swimming, archery, boxing,
fowling, chess, and poetry. The principles: are the avoidance of gluttony,
drunkenness, lust, violence, lying, avariciousness, and evil conversation."
The pupil said, "I believe that in these times no one with these qualities
exists."3
I
' paral leled with Wisdom ( divided into "eloquence" and "philosophy") as
part of the natural means of human salvation.
Around 1140 the archdeacon of Toledo, Gundissalinus, produced a
work called De divisione philosophiae, in which he-probably closer to
4
,
tices that could be labelled as magic in the twelfth century. The sciences
designated as magic in the organization of knowledge by the school of
William of Conches are probably similar. They consist of philosophical
disciplines of the kind attributed to Gerbert and other popes in legend,
the less diabolical practices of Rotiland in the Rhetorimachia, and the
manipulation of natural forces by means of a variety of kinds of superior
knowledge, perhaps not excluding the activities of the priest who tried to
turn the young John of Salisbury into a medium. In the Arabic world, of
course, these studies, particularly astrology, were considerably better de
veloped than in western Europe, and they retained a respectable place in
Islamic culture. In western Europe, however, the new twelfth-century
interest in logic and philosophical learning borrowed slowly from these
Arabic traditions, while coloring magic with some of the rhetorical de
scriptions we have seen in the literary sources of the eleventh and twelfth
centuries. Not parallel at the beginning of the twelfth century, the Arabic
and Latin divisions of the sciences drew closer together from the mid
twelfth century on. In spite of the growing familiarity in the west with
Arabic philosophy and science, however, magic did not survive among the
t legitimate sciences, chiefly through the opposition and influence of Hugh
of St. Victor.
Hugh of St. Victor and his followers. :But astrology is the only occult
science that did, and in most individual cases particular asb-ologers were
always liable to charges of dealing in forbidden magic.
Other testimonies to the enduring infl! uence of Hugh's exclusion of all
forms of magic from legitimate knowledge are those of !19ger Bacon and
11
into tl1e sixteenth and seventeenth centuries, those writers who defended
the legitimacy of astrology, hermetic magic, or other forms of magic felt
compelled to denounce the remaining forms as' diabolic and damnable.' 3
Thus, in spite of a number of forces favorable to the legitimate study of
some forms of magic that proved formidable in the twelfth century, and
even reappeared in the fifteenth and sixteenth centuries, the old patristic
condemnation of magic outright, restated by Hugh of St. Victor early in
the twelfth century and firmly a part of scholastic theology by the mid
J thirteenth century, remained a v!!:tually impassable obstacle. All types of
magic were equally condemned by it and, more important, many prac
;tlces-formerly regarded merely as harmful superstitions could be con-
Wemned as magic. In a sense, the rhetorical tradition, represented by
Anselm of Besate, the monastic depicters of heretical practices, and the
courtier literature of Walter Map and Gervais of Tilbury, won the day
at an important moment of the twelfth century, through the work of
Hugh of St. Victor. In spite of the growing ath·activeness and claims to
legitimacy of several forms of magic, the Arabic divisions of the sciences
represented by Pedro Alfonso and Gundissalinus, as well as the divisions
of the sciences represented by the schools of William of Conches and
Abelard, failed to give a place in the schemes of legitimate human knowl
edge to any form of magic except astrology. Moreover, as magical prac
tices began to take on a new substance through the revival of Arabic and
Greek philosophy, the content of magic changed. The actual practice was
taken !f!Ore seriously, the dangers it posed feared more intensely, and the
strictures against it reiterated more frequently. The remaining sections of
this chapter will trace the influence of Hugh of St. Victor and the grow
ing explicitness and fear of magic through the work of theologians, canon
lawyers, and philosophers during the twelfth and thirteenth centuries.
The work of Hugh of St. Victor on the place of magic among the legiti
mate sciences drew upon a patristic and twelfth-century theological tra-
1 dition, and biblical study and the development of the science of theology
lcontinued to condemn magic in all its forms. Still, for the most part,
twelfth-century biblical scholarship did not, any more than Hugh, do
�ore than condemn witchcraft, heresy, and magic. No theologian appears
to have advocated the more rigorous prosecution of these offenses that
became characteristic of many churchmen, scholars and prelates during
the tl1irteenth century, and few theologians elaborated upon the nature
and content of magic.
\J
--
Learning and Magic in the Twelfth and Thirteenth Centuries
Of the passages in scripture that dealt with magic, perhaps the most
68
frequently cited text in the later medieval and early modern period wa,;
Exodus 22:18, "Maleficos non patier·is vivere: "Thou shalt not suffer a
[ witch] to live." This text, frequently cited by later theologians and
witch-hunters alike in its literal sense, was not in the twelfth century
regarded as condemning the magician to death. The very term malefieus
, in the twelfth century indicated sorcerers generically-not, of course, the
I.I later type of witch or magician design ated by the terms malefica or
maleficus in the better-known witchcraft literature of a later period. The
glossa ordinaria of the Bible, completed i n the course of the early twelfth
century, is explicit on this meaning:
Maleficos non patieris vivere. Qui praestigiis magicae artis et diabolicis figmentis
agunt, haereticos intellige, qui a consortio fidelium qui vere vivunt, excom
municandi sunt, donec maleficium erroris in eis moriatur.1 4
That is, maleficii are those who use the iillusions of the magic art and of 1
the devil. They are heretics. They shou1ld be separated from the com
munity of the faithful, which is true life. They are to be excommunicated
so that their error will die with them.
This citation is important because olf its threefold character: First,,
maleficii are associated with the devil; second, they are clearly identified,
as heretics; third, they are not to �!led, but excommunicated from the,
community of believers. I�he last nstance, vfve;e J.s- clearly "iriferpreted.
figuratively, not literally. The glossa ordinaria, earlier than most texts
i
cited by historians, clearly identifies magic with heresy, long before those
theologians of the thirteenth century who are alleged to have been the
first to do so.
Other biblical texts also deal with magicians, and although few of them
are as explicit as the gloss to Exodus 22: 18, they systematically note that
all forms of magic are forbidden. The episode described in Exodus 7-11,
the defeat of Pharoah's magicians by Moses and Aaron and the ten
plagues upon Egypt, was treated in highly figurative terms by the glossa
ordinaria, partly as an anticipation of the coming of Christ, and partly as
a figurative denunciation of the wisdom of the pagans.U The gloss to
Exodus 8:18, for example, explains the plague of blood as the doctrines of
the philosophers, the frogs as the imag, es ( figmenta ) of the poets, and
the maggots as the sophismata of the dialecticians, "which deceive the
whole world." That section of the gloss to Exodus 8:19 attributed to
Strabo notes, "Note that by the third sign the magi are overcome, since
all worldly wisdom, evils, and philosophy are conquered by the Trinity."1 "
That the gloss represents a traditional theological view is suggested by its
Learning and Magic in the Twelfth and Thirteenth Centuries
�
( curant, vel animam interficiant." The gloss to Leviticus 20:6, anima qui
"Veneficis, qui d�emonum scilicet nomina invocant, et aliquando corpus
l Grande peccatum est ad magos et ariolos declinare: hoc est etiam a Deo
recedere. Sunt autem magi intelligi�jles, qui in nomine Domini falsa prophe
t,. tant; sunt arioli deceptores et adulatores, qui veneficis verbis multorum cor
rumpunt et a veritate avertunt. 19
magi and other practitioners are generally treated alike by the glossators
These texts, and indeed most other Old Testament texts dealing with
of the early twelfth century. Since several of these texts were not com
mented upon by Augustine, these glosses cited above would appear to
derive from the ninth-century tradition or from the early scholastic
glossators themselves. The glosses unifo1mly condemn magical practices,
and sometimes they list them, as in the gloss to Deuteronomy 18:9-11.
Denouncing all forms of magic, the glossators, however, do not go beyond
111 the semantic history of such terms as magia, maleficia, divinatio, vene
_inked magic to heresy and whose works constitute an important chapter
mainder are found in causa 33, quaestio 1, canones 1-4, which we will
case that most of Gratian's texts concerning magic are found. The re
ium is· asin. Gratian cites several historical instances of approved sortileg
ium in his dictum ante c. 1, and the firstt few canons appear to approve
Those who participate in the cult of idols are to be separated from the com
munion of the faithful. Hence, as the Apos.tle Paul says in his epistle to the
Corinthians [ 1 Corinthians 5:9-11] "If a certain brother is named a fornicator
or a miser or a worshipper of idols, do not :SO much as eat with him."26
The first eleven canons in question 5 consist of a series of texts from early
popes, churchmen, and councils forbidding va1"ious forms of magical
fact, the Canon Episcopi appears for the first time in the canonical collec
tion of Regino of Prum early in the tenth century, and its form is clearly
that of a capitula1y of the ninth century, although some scholars have sug-
p
Bishops and their officials must labor with all their strength to uproot
thoroughly from their parishes the pernicious art of sorcery and malefice i n
vented by the Devil, and i f they find a man or woman follower o f this wicked- ,
/. ness to eject them foully disgraced from their parishes. For the Apostle says,
"A man that is a heretic after the first and second admonition avoid." Those are
held captive by the Devil who, leaving their creator, seek the aid of the Devil.
And so Holy Church must be cleansed of this pest. It is also not to be omitted�
that some wicked women, perverted by the Devil, seduced by illusions and
phantasms of demons, believe and profess themselves, in the hours of night, to
ride upon certain beasts with Diana, the goddess of pagans, and an innumer
able multitude of women, and in the silence of the dead of night to traverse
great spaces of earth, and to obey her commands as of their mistress, and to
be summoned to her service on certain nights./But I wish it were they alone
who perished in their faithlessness and did not draw many with them into the
destruction of infidelity. For an innumerable multitu�e, deceived by this false
opinion, believe this to be true, and so believ�ng, wander from the right faith
and are involved in the error of the pagans when they think that there is any
thing of divinity or power except the one God. Wherefore the priests through
out their churches should preach with all insistence to the people that they
may know this to be in every way false and that such phantasms are imposed
on the minds of infidels and not by the divine but by the malign:::nt spirit. Thus
Satan himself, who transfigures himself into an angel of light, when he has
captured the mind of a miserable woman and has subjugated her to himself by
infidelity and incredulity, immediately transforms himself into the species and
similitudes of different personages and deluding the mind which he holds cap
tive and exhibiting things, joyful or mournful, and persons, known or un
known, leads it through devious ways, and while the spirit alone endures this;
the faithless mind thinks these things happen not in the spirit but in the body'.
Who is there that is not led out of himself in dreams and nocturnal visions, and
sees much when sleeping which he had never seen waking? Who is so stupid
and foolish as to think that all these things which are only done in spirit hap
pen in the body, when the Prophet Ezekiel saw visions of the Lord in spirit
and not in the body, and the Apostle John saw and heard the mysteries of the
Apocalypse in the spirit and not in the body, as he himself says "I was in the
spirit"? And Paul does not dare to say that he was rapt in the body. It is there
fore to be proclaimed publicly to all that whoever believes such things or
similar to these loses the faith, and he who has not the right faith in God is
not of God but of him in whom he believes, that is, of the Devil. For of our
Lord it is written "All things were made by Him." Whoever therefore believes
that anything can be made, or that any creature can be changed to better or to
Worse or be transformed into another species or similitude, except by the
Learning and Magic in the Twelfth and Thirteenth Centuries
o/
Creator himself who made everything and through whom all things were made,
.....
is beyond doubt an infidel. 28
be ended. This text, far more th� any other, including the Canon Epis
penitence, exorcisms, prayers, almsgiving, and the like, the marriage may
copi, was of interest to canon lawyers because it touched the vital area of
developing marriage law and thus represented a problem they encount
istic purview of magical practices. Causa 26 was also the central place in
the Decretum for Gratian's discussion of superstitio. As we have seen,
Gratian's proof text is from chapters 19-21 of Augustine's De doctrina
christiana, and from the De civitate Dei. The bleak injunctions of the
bishop of Hippo became the lawyers' guide through the problems of
superstition and magical practices. Augustine's unreleting hostility toward
all forms of magic shaped strongly lawyers' attitudes and opinions in the
with the study of the Corpus iuris civilis of the revived study of Roman
to encompass the law. But the teaching of Gratian's text, the analogy
.
law, and the intense work of the teachers and students at Bologna, Paris,
and elsewhere, soon showed signs of creating a distinct discipline and
76 Learning and Magic in the Twelfth and Thirteenth Centuries
profession on the basis of Gratian's work and the commentaries upon it
that began to appear soon after 1140. These commentaries, the glosses, are
especially important for European intellectual history because they reflect
both the general response over time to the texts that became the founda
tions of ecclesiastical law and because they reveal what lawyers learned
about the application of the texts to the actual practice of law. Although
many of the early commentators restricted themselves to the meaning of
particular terms and a clarification of the cases under discussion, much of
their work dealt with the links between the legal texts and theology.
The Summa of Paucapalea, one of the earliest commentaries on the
Decretum, says little about causa 26, usually explaining the terms and
clarifying the references to scripture andl to the writings of the Fathers,
especially Augustine.3� The Summa of Magister Rolandus gives short
shrift to the varieties of divination: "These questiones, if I am not mis
taken, were shown by St. Augustine to be useless in his book De natura
demonum."
Rolandus goes on to say that all sortilegi and divini who do not desist
,J from their superstitions are to be excommunicated, as is shown by innum
erable canons. Neither of these commentators has anything to say concern
ing impotence induced by maleficia.33 Stephen of Tournai, whose Summa
was composed around 1160, takes his commentary virtually entirely from
Paucapalea and Rolandus, except for one or two personal observations. In
considering the types of divination, Stephen remarks offhandedly: "We
are neglecting the third and fourth questiones, and we will leave their
materials to the reader of poets and philosophers." Of quaestio 5, Stephen
simply echoes Rolandus: "This question r. equires no distinctions, because
all sacrilegi et similes, if they do not desi.st, are to be separated from the
Church." When Stephen turns to causa 33, quaestio 1, however, he offers
a much longer comment than the other two magistri. He argues that the
inability to consummate a marriage derives either from natural frigidity or
from maleficium. If a marriage is afBicted by frigidity, and if the woman ·
does not wish to be married, the marriage: may be dissolved. If maleficium
is involved and penitence does not allay i1t, the marriage may be dissol'.(ed,
but if husband and wife disagree as to who is at fault, the numbers of
compurgators and the processes of divorce are described. Stephen adds
the touching point that if the wife does not want a divorce, she may
remain, "and if not as a wife, then at least as a sister." Stephen then dis
cusses conflicting canonist opinions conc, erning the nature of the matri
monial bond, a topic that consistently engaged canonists' attention through
the next several centuries. 3•
A commentary roughly contemporary with that of Stephen is the
Summa Pa1'isiensis. Its gloss to causa 26 is very brief. In considering ques
tion 1, the author points out some difficulties:
Learning and Magic in the Twelfth and Thirteenth Centuries
It is first asked what are sortilegia. This question is much more to be defined
77
In discussing sortes, the author remarks that although they were per
mitte d in antiquity, they are forbidden today. In dealing with questions
3--4, the author simply observes that the divisions in Gratian's text are
those of the Roman encyclopedist Varro, thus perhaps cla1ifying Stephen
of Tournai's remark that he leaves such enumeration to those who read
the poets and philosophers. In the case of question 5, the author is ada
mant: Divini and sortilegi are to lte excommunicated if they do not cease.
Of this there is no doubt: super hoc nulla dubitatio. "Here it is said that
sortes are nothing other than divinationes et malefi,cia." In regard to
causa 33, quaestio I, the Summa Parisiensis raises the same question as
the Summa Stephen of Tournai. It seems that the question of the role of
malefi,cia in the general issue of the dissolvability of a marriage attracted
far more canonist attention, and generated much livelier disagreements,
than the material on divination, sortilegium, and other forms of magic.
The Summa of Rufinus, also dating from the late twelfth century, notes
that "sortilegium and auguratio and similar superstitions . . .36 are kinds
of heresy, at least in those who have received the faith of Christ." In dis
cussing question 5, Rufinus echoes Gratian and the other commentators:
"It is true without distinction that s01tilegi et similes, who refuse to desist,
are to be excommunicated. Clerics who make such consultations deserve
to be deposed and perpetually placed in a monastery." Laymen are to be
assigned a penitential period of five or seven years. In conside1ing causa
33, question I, Rufinus, like the author of the Summa Parisiensis and
Stephen of Tournai, reflects the conflicting views and difficult legal prob
lems that cases of frigidity and malefi,cia-caused impotence presented to
Church lawyers, with the broad room for fraud and collusion they offered,
and with the acute social pressures they reflected. Like the other canonists
considered here, however, Rufinus has no doubt that impotence may be
infucted by maleficia. The problem facing the canon lawyers is not the
nature of malefi,cium, upon which they tacitly agree, but upon the com
plexities of marital law and the problems posed by such cases.
The reticence of canon lawyers concerning the question of magic was
not restricted to the twelfth century. As we will see below, the thirteenth
centu1y witnessed some further development of these strictures, but not a
great deal. Thus, in spite of the variety of discussions of magic and related
practices in chronicles, moral stories, and discussions of legitimate knowl
edge, canon law remained relatively poor in original discussions of these
questions. Schulte cites a text from a thirteenth-century canonist of
Brandenburg, a Magister Baldwinus, who responds to the question ( in his
discussion de sortilegiis), "But what of c:ertain wicked women who believe I
78 Learning and Magic in the Twelfth and Thirteenth Centuries
and say that on nights they have ridden with Diana or Herodias upon cer
tain beasts, crossed on them over many lands, obeyed their commands, 1
and permitted themselves to be called to their service to perform better '
or worse things, or are enabled to be transformed into another species?" 1
Baldwin states that they are to be rejected by the Church, since they are
inspired by the wicked spirit, who creates these phantasmata for them,
which are purely illusory. He would lbe a fool who thinks that things
which have only a spiiitual existence could effect material transforma
tions. Whoever believes these things to be true does not have right faith,
"and beyond doubt is an infidel and worse than a pagan." Baldwinus's
comments are perfectly conventional amd are obviously directed at the ..
illuso1y character of the women's beliefs.3• Thus, well into the thirteenth
century, canon lawyers echoed the thought of John of Salisbury and
Gratian. It appears that not until the revival of learned magic and changes
in theology during the late thirteenth century did such canonist opinion
appear insufficient for dealing with magic and, later, witchcraft. The cate
gory sortilegium, in canon law, at least, . was restricted to those cases dis
cussed by Gratian. However imaginative the language of chroniclers and
moralists became, it found little echo in the law of the Christian commu-
nity. It is reflected somewhat more clearly in the new penitential hand
\1
(_, books of the later twelfth century.
' One of the most fruitful sources for the histQry of beliefs in magic and
' 1velatedpractices has beer� the peniterntials of the ea1Jy Middle- Ag�
- From the� middle of the twelfth- century through the thirteenth century
and after, another series of penitentials : appeared, although these hav� not
generally been used by historians, partly because modern editions have
been lacking until recently, and partly because theologians and )egal
sources have dominated research.39 Beginning with the penitential of
,I Alain of Lille, and including the works ,of Bartholomew of Exeter, Robert
of Flamboro�!i, Thomas of Chobham, and _§t. Raymood_Qf....J:.��fqrt,
1 these penitentials.havey much to say of magic and related practj_ces _and
11 - late the enormous amounts
�! beliefs. T�imar purpose was to assimi .
of dogmatic and juridical material pr,od!!_c�d _hy p9pes, Church coun·
f cils, and individual theologians during the twelfth and early thirteenth
j ;.
..} centuries into a form suitable for confessors and penitents alike. These
works were designed as part of the Church's new p�sto_ral m9y�ment,1
aiia they were intended by their authors to provide an educational, I
p
order of the seven deadly sins. Thomas's Summa is divided into articles,
1215, deals extensively with magical practices, and it treats them in the
distinctiones, and quaestiones. Article 7 deals with the deadly sins gener
t
1
/ stitio. It is this quality of responsibility for the good lay life that gives the
penitentials' treatment of magic its distinctive �nd novel character.
NOTES
.
- lle siecles) Melanges
271-74.
1
41. Liber Penitentialis, ed. J. F. Firth, (Toronto, 1971), pp. 158, 258-64.
42. F. Bromfield, Thomae de Chobham Summa Confessorum (Louvain-
Paris, 1968 ), pp. 466-87.
43. The Liber Poenitentialis of Alain de Lille is in PL 210. For developments
/
84 Leaming and Magic in the Twelfth and Thirteenth Centuries
after 1215, see Michaud-Quantin, pp. 34-53. See also S. Kuttner, "Ecclesia de
occultis non judicat," Acta Congressus Iuridici lnternationali.s, vol. 3 (Rome,
1936 ) : 227-46. Russell's Witchcraft in the Middle Ages discusses only the libri
poenitentiales before the twelfth century, pp. 43-100.
44. There is a summary discussion of conciliar decrees on magic in Lea,
Materials, vol. 1, and in Robert-Leon Wagner, "Sorcier" et "Magicien" (Paris,
1939 ) , pp. 52-67, 100-27, as well as in the general treatments of Jeffrey Russell
and Joseph Hansen.
4
The Systematic Condemnation of
Magic in the Thirteenth Century
85
2
86
he argues, astrol9.gY...,js_��ilr._,!!n<;_e:_rtain_ _s?!enc� .•t1l�t p�ofess,�s to
The Systematic Condemnation of Magic in the Thirteenth Century
_
, __ ,g�P,����!',!ainty of tim.in�!...9-b,servatioii of tf1e heavens, and hea�enly
influences occurring seconds or ininutes apart. l;le states that "there is not
_,lk�f;..,
· yet sufficiez1t certitude concerning the motions of the heavens . . ," for
i� astrology to be accurate." Grosseteste's second attack on astrology is not
scientific; it is �.h�?1<2@..;�l. Astrology reduc,es the .2;igniy of_ humanity _to a
,
purely corporeal nature. By subordinating the rational mind to the neces-
""-J'i' sity of corporeality, the astrologers are "enemies of human nature. . . . and
�.., blaspheme against God." "Astrologers of this sort are seduced and seduc-
cers, and their teaching is impious and__E_ol�, written at the dictation of
\:'
the devil, and therefore their Gooks ought to be burned. And not only
they, but those who consult them are lost."• The bishop of Lincoln has
come a long way from his heady student and early teaching days, and the
development of Grosseteste's thought concerning astrology suggests the
high initial attraction that it and other studlies offered in the excitement of
the late twelfth-century schools.
A contemporary of Grosseteste, ��!.j.c.Qt..found the same interest
in the schools of the late twelfth century, but Scot never condemned
astrology and magic as thoroughly as Grnsseteste." Scot spent his life as
a courtier in the service of Frederick IL He was one of the few who man
aged to retain the favor of ho.th Frederick and Pope Gregory IX, a quality
that argues eloquently for the courtier's skills. Besides Michael Scot's
1.0 association with the court of Frederick, his importance for OU� �j�ies
{ 7' fin fiis attempts to Bnd a �omproroise beitween tfie implacable hostility
<.. toward astrology and magic on the part o,f such thinkers as Hugh of_St.
(
!Victor and Robert Grosseteste and the popularity of astrology and o�r �
"-<,\ r-,; ;:f' forms of magic among scholars and_ com�tiers ea!lY in the thirte� 111
i' �\���
�\} �o1/ _century..
�1 By Michael Scot's day not only did astrology and magic attract students
ail°d yo�rriasi:er:� li fhe--s-circro-lr, oti't 1:i'ecroinancers-and- invol<ers,., of
aemons-plied their _trade in favorite places i� Verona and Naples, and
i
familiar with magic books and with the dark side of the scient'ia Toletana.
Scot was unique, however, in listing Peter Abelard as the author of at
least one of these works, along with Simon Magus and other condemned
necromancers, conjurors of evil spirits, and performers of incantations.
�Scot himself, both in his own .lifetime and p11Jticul�rly_lat��)n tl2e
thirteenth centurL_':::'a� r�garde£J..!:Y... s��e � a _Jeg�_ timate s�ientist, but by
0
l many others as the worst sort of magician of the type Scot himself COJl-
1' �mns 1ntlie.Ltver IntrosJuctoriu.,C, Perhaps th;;-best known reference to
his later reputation is found in Dante's Divine Comedy, Inferno, canto 20,
in which Scot is condemned to walk forever with his head twisted around
facing his back with otlwr diviners of antiquity and the Middle Ages:
it
their condemnation of ma ·c and ast�!$);'._-as wel�
o _ mcantatio�!!d- �.,&u!:.es.=couI, �.J!.ar.2].y be denied or�.
"Tneastrologers and 'legitimate" magicians therefore echoed the condem
nations of theologians and lawyers, arguing only that their practices were
ot among the condemned practices discussed in theologians' and canon
/ � ts' texts. This bifurcation of II],� .':"i h th��<_>n�emnation of m ic
L'.' � �
�thened by theolo&�ns and ca!).QJl_la.ncy.eLUlnd �h �oectbymagicians
the��s by Scot and others to clear�of
�"'-£00,tri]:>,y . t_�d�gr.eately,_!f?�.l1gfheni11g__!}1e pe1orative
cl
-. _ predict the future,
. course of stars." Magi, however, "predict vvhat has been revealed to them -
�
< ets, of cour� -�]2y.,. God'.s.. grace.. Astrologers do so "from the natural ,
% �.:::: r
· � [:.... .
m9ps." They are to be universally condemned, and they are not t_o
��
\$ S-> �l! e th o ught divine any more than the demons who inform them. The
� � bifurcated idea of magic, which had begµn in the twelfth century and
had been strengthened by the claims of the astrologers and their attrac
tions in the late twelfth-century schools, remained in force throughout
the thirteenth century and beyond. Roger Bacon ( himself, of course, like
Michael Scot, also accused of being ari"uigt'cian"fcteiiounceomagiawith
great�r i�lie���e]!1'a11-S�1iJ'."'2� Ifogaroless · of the fortune of theirpersonal
.I
reputations, however, the thirteenth century astrologers and magicians
hfavily strengthened the case against illicit magfc oy condemning 1t 1ust
��&!2::fi3ernaps �more sfr6hgly, since they we.re very oiten un,der .
·attack for it themselves) as had the theologians and lawyers of the twe1£th
1 and early thirte t enturies.
..,._v;- � By 1225, the ure th� �� �agic�� had begun to ta!e on a cle�r (
, r;, ·/ anclmor��ous sl��re. hadl_h�en outlinecl in the rhetorical
�t]x litera�re of the eleventh and twelfth centurie�c! denouncE;d
in the theological and-canon law works of the sall)e pe1io(j. Condemn�d
with the- heretic, who himself emerges as : a distinctive type in the eccles
iastical literature of the twelfth century, l the magician finally -acquires a
substantive, specific art in the world of the schools and the courts of the
{early thirteenth century. That art is comgnsecLb� the works of Arabic
ea nee legere valeant, nee audire; unde, et nos istorum memoriam horrifieam
non tam perstringimus, quam etiam fugimus, et fugamus, ne majoris insaniae
oeeasionem demus insipientibus.16
Aside from the great and absorbing clash of radical Aristotelianism and
orthodox resistance, this condemnation of books of magic suggests that
the earlier concerns of William of Auvergne were not unique to the early
thirteenth century. As we will see in a later chapter, these condemnations
oD..277we�hqed in.,th�gr,eat condemnatig,u..ofJnagi�,'_� tj.,Il!,eJ",y..J..4,e_
f�s_i:ltt, of theo,Iogx �Jpe Unjy,e...rsity of hris, . in,1398..-'Ihe condew�a_tiop
o.!_!g7l ,is echoed in the li�erature of demonology, la�, and voetry of .the
-
same period.
��h_ man,x e<!rU� w1i�s h� li1.l!s.e.d. Qie ma.Qtice of_ !l.'@gic and..,
�n some elements of astrology with�rvice to OJ�£OOJteratioIJ... '¾Uh the..
_gevil:--W,illiam of Auvergne's concern with idolatry and demonology in 1
the magic books he attacks is particularly pronounced, as was that of
J!mpier later in the century. The principles of medieval demonologyhad
long ago been laid down in the works of the patristic pe1iod. The inclu
sion of excerpts from this mate1ial in Gratian's Decretum and the Book of
Sentences of Peter Lombard in the mid-twelfth century, and its subjection
f,
to systematic examination and developmen! in the schools, .tog�the1�. with <t1/�
�e condemna�on_ �-H�&l� o�-�!· Vi�tor?. soon helped to shape a learned olJz,,,,. 0/cr
1 1"°"
ct�Iogy readily accessible to William of Auvergne and later writers,
·J
�otaow Thomas Aquinas. Besides the survival of formal demonology and
1tsreviva1 1n the secoricl half of the twelfth century, other literar enres
also con 1 ono o ica concerns. Hagio1£!Phy, for ,.ex,am,ple, I
n dealt�th the temptations o t e saintr by demons and the saint's \
ultimate victorx o�eni:-Tfie fi giographicalt adition m;"d'e the de ons -
!
1
l!,?
The Systematic Condemnation of Magic i n the Thirteenth Century
( familiar, first to a monastic, and later to a wider society, but it also tended
92
The chief difference between the scholastic demonology and that of the ancient
i sources is that the treatment has become systematic and theoretically rounded
96 The Systematic Condemnation of Magic in the Thirteenth Century
out, as a part of the scholastic ordering of all theology. While this systematiz
ing did not produce within itself a unified witchcraft concept, it may indirectly
have encouraged such a process in the courts of the Inquisition by setting up
an atmosphere of logical integration.28
Hopkin showed clearly that only Aquinas's i insistence upon the apostasy of
the pact with demons was cited by fourte:enth-century writers and that
although he was widely cited by fifteenth·-century writers, he was cited
as the most "modern" of traditional Church authorities, not as a particular
innovator of witchcraft theory. I n a later chapter we will deal with the
thesis of Hopkin and others that the Inquiisition, and not scholastic the
ology, was responsible for the growth of witchcraft beliefs. It remains
� here, since Aquinas was clearly concerned with sorcery and magic, to
l consider his view of the relation between sorcery and demonology.
Aquinas, as Hopkin clearly proved, knew nothing of the witch as that
figure emerged in the law and theology of the later fifteenth, sixteenth,
and seventeenth centuries. .:VVh!! Aquin�_:��<:.����rrt��- with, was that
kind of magic that had bcome, sinc� Jhe m.id:tyvelft�- c�n!.'!l):'., of greater
I and concerrttci"'tli.eofogians and other 59holars�SQ,t,C�n'�on�
. and other -practices-l'!lal:� Aq1,1inas _llsted under the gen�,i:qt .categocy of
greater
lsupersjjJ..§.: The fourth chapter of Hopki�'s ·study is an exhaustive survey
of Aquinas's view of the magical arts, dealing with the opuscula, as well as
with the two great summae and the commentaries on scripture and Peter
Lomband's Sentences. In the opusculum, Concerning the Occult Opera
tions of Nature, for example, Aquinas deals with the classification of hid
den operations, condemning only those operations "that proceed from an
extrinsic principle, the bodies themselves befog used by the higher agents
only instrumentally and selectedly," and these operations are condemned
only when they are used by necromancers, not when divine virtue or
good angels perform them.2� Aquinas's explanation of the powers of
demons upon the natural world is also illustrated by the following passage
from the Expositio in Job:
One must then believe that with God's perm1ssum demons may disturb the
atmosphere, raise up strong winds, and make fire fall from Heaven. . . . All that
which may be accomplished by the simple mov, ement of a thing from one place
to another may be done by good or evil spirits. Winds, rain, and other
atmospheric disturbances may thus occur solely because of the movements of
condensed vapors. Thus the natural power of the demon suffices to accomplish
these things. 30
of nature to legitimate causes. Having done this in these works and in the
summae, Aquinas is left with a clear idea of the essential role of demons
in many classes of natural operation, and indeed, his logic compels him
to emphasize the presence of human association with demons and thereby
the presen�<UJf harmful or Qugatory superstitio. As Aquinas concisely says,
"Only that is callE:d �y�tqry_an� S!,)pcrstitious whic� caryt,ot have a _cer
tain cause Tw1iether natural or human or divine], and' tliis pertains �o the
-
society of ctemons.:32 The varieties of 2erstg!9..n tbat-concerrl "tw;'" study
lP
are those that Aquinas designat� as i o atry, divination, and observances,
one species of the latter b$ling the magicaf arts:- Here again, Aquinas pro
vides a link among a number of different sins because of their common
relation as parts of superstition. Thus idolatry, divination, and the magic
arts are epistemologically linked together, as they had been in Aquinas's
chief source, St. Augustine. Of the three divisions of superstitio, obser
vantiae most clearly involve commerce with demons. Thus, in his initial
discussions of magic, Aquinas treats it as a variety of legitimate knowl-
edge, and he treats superstitio chiefly as a function of ignorance, either
ignorance of natural causes or ignorance that its pursuit will inevitably /
lead to sacrilegious contact with derpons.
In the Summa theologiae and the Opuscula, Aquinas sets forth his
demonology on theological and epistemological grounds. In the Summa
contra Gentiles, a work which attempts to prove the tnith of Christian
belief without extensive recourse to Christian sources, he attacks magic
on rational and ethical grounds, focusing primarily on the uniformly evil
ends of such practices. Although his views on magic are scattered through
out the vast body of his work, Aquinas's views are remarkably consistent
and logically rigorous. ProbabJy no writer before him systematized the
condemnation of magic �o m� differenflevels, and in this sense, as
well as Hopkin's sense cited above, Aquinas provided formidable in1lu-
' ence both toward the traditional condemnation of magic and to,vard the
l linking of magic with service to or subjection to the devil. Of the later
meaning of maleficia, the witchcraft beliefs of the fifteenth, sixteenth, and
seventeenth centuries, Aquinas, of course, knew nothing. Consistent with
the theology of the late twelfth and early thirteenth centuries, he also
drew heavily from other traditions, particularly scriptural and patristic.
He also drew from canon law, particularly in Quodlibet XI, where he
directly addressed the problem of magic:
Concerning sorcerers, it is known that some say that sorcery has no existence
and that it comes simply from lack of belief or superstition, since they wish to
prove that demons do not exist except insofar as they are the creatures of man's
imagination; insofar as men imagine them to exist, these fantasies affiict the
98 1'he Systematic Condemnation of Magic i n the Thirteenth Century
fearful. The catholic faith, on the other hand, insists that demons do indeed
exist and Lhat they may impede sexual in,tercourse by their works.33
------=-
, f'"l-\pOl't I'\('CL ,
Like demons, sorcery existed for Aquinas, as it had for aJI twelfth- and
thirteenth-century writers considered so fa.r. Aquinas's role in its history,
although it had nothing to do with later notions of witchcraft, was to
systematically describe and condemn magical practices, certa · n t to
invent them, nor to say an thing about th�_ t at a not._be:.n said b,y
ear ier writers, partic arySt. Augustine. By the end of Aquinas s work,
however, the demonological content of sorcery was firmly outlined. Such
defenses as had been made for astrology in the late twelfth century, and
were to be made for magic in the late thirteenth and fourteenth centuries,
now had to overcome the persuasive and voluminous arguments of
J cians bettter than it did even that of the heretics, for the mira of the sorc
Aquinas. In some respects, his demonology fitted the works of the magi-
and the quodlibeta, the attack was made wholly within the general con
text of his philosophical and theological system. In this light, his views of
Bacon, andjt is im1>2rt!:lnt to note that both thinkers use tl]�ological and
the inefficac),'. of magic 'ti,t}:lo.!,_1t demonic aic!_ ar� si?1ilar to those of Roger
.d
l rati9n.al arg� ...,E!S to condemn it.
1298), we can trace the canonist attitude to,ward sorcery and moleficium
,, 11U as it developed in the context of other disciplines.
The Systematic Condemnation of Magic in the Thirteenth Century 99
Among the Quinque compilationes antiquae, two collections ( the
compilatio prima and the Compilatio quinta) contained titles relating
to sortilegium. The Compilatio Prima included three texts on the subject:
pait of the penitential of Theodore, a selectron from book 19 of Bur
chard's Decretum ( which assigned ten days' penance for performing
sortes with the psalter or the gospels ) , and a letter from Pope Alexander
III to the bishop of Grado, to be considered below.36 The Compilatio
Quinta added one text, a condemnation by Pope Hono1ius III of the
practice of using sortes to elect a bishop.37 In the Liber Extra, three of
these texts comprised title 2_ 1 of Eook 5, the qnfy-discussion of sortilegium
in,..the work.38 The text from the penitential _of The9dore and the letter
of Honorius III both-deaf with sortes'· sbictly considered. Alexander Ill's
letter to the patriarch of Grado deals with the case · of V., a cleric, who
went with several infamous people to· a plivate place, no8thth ei�ten
tion of calling up the devil, but to perform· divination with an astrolabe
in order to find goods of the Church th�t · had been stole.� , '.Z_eal a�1d
simplicity had driven him to do this. He has, however, committed a most
grievous sin, and Alexander presclibes a penance for him. Neither the
Compilationes Antiquae nor the Liber Extra added any more texts on
the topic and, as can easily be seen, the more recent texts deal clearly
1
I
�':a:...,..,,
_s:µ't-r,)
f�x:.lt.
. �.i:. f
l
In sum, four new texts were added by the lawmakers of the thi1teenth
y century to Gratian's body of texts, and most of these dealt with divina
L tion. As we have seen, the letter of Alexander III explicitly stated that
the cleric V, did not intend to invoke demons, as if that were to be
expected in the performance of divination, and the letter of Alexander IV
tacitly distinguished between magic that was heretical and magic that
was not. As we have seen, several commentators on Gratian's Decretum
had identified magic with heresy ( as had the ordinary gloss to the Bible),
and no inquisitor would have had trouble in citing before him anyone
accused of the practices condemned in Gr.atian, the Liber. Extra, or the
Liber Sextus. As Alexander !V's letter indicates, and as several commen
tators on Gratian had indicated, magic was, not easy to define, and there
appears to have been some unce1tainty among canonists as to whether
v all magic was heretical or not. It should be remembered, of course, that
\>'U �J.. �e term heresy itself had ambi?uous m�� gs to the .end of the twelfth
,
� :,( a:;.' century, �� �] :ffie te1�. Tlielnll"te,enth -century canonists, at the
,
same universities as the theologians who were commenting upon the
� / various kinds of magic, were probably stricken by the same ambiguous
'-t�/
/ feelings as their colleagues and heard the same kind of defense of some,
at least, of the magical arts against the cha: rge of heresy.
As the comments on the Liber Extra suggest, the ,texts in Gratian's
Decretum probably were assumed to be satisfactory for the disposition
of most of the cases of magic that ecclesiastical lawyers came across. The
Summa decretalium of Johannes Andreae, who also wrote the ordinary
gloss to the Liber Sextus, focuses exclusively on the technical details of
divination and sorcery, as did the commentnries of his great predecessors,
Innocent IV, Hostiensis, and Goffredo da Trani.41 Unlike the canonists'
treatment of other questions, of which political theory has been the most
widely explored, there appears to have been general agreement among
them on the question of magic, and little speculation or innovation in
their comments.
Aside from comments directly linked to 1the arrangement of the legal
texts, the twelfth and thirteenth centuiies also witnessed the appearance
of encyclopedic summae organized analytically by their authors. The
�ma of R�mond of Pefiafort, the ��iler of the Liher Extra, is of
partlcularimportance. 42 Book LTitle 11 of Raymond's Summa cleals
with De sortilegis et divinis and may serve as a kind of proof text for the
opinions of one of the greatest thirteenth-century lawyers.
The first part of title 11 deals with sortes and the varieties of divinatio.
The Systematic Condemnation of Magic in the Thirteenth Century 101
Raymond incorporates a number of Gratian's texts into his commentary,
devoting most of part 1 to Augustine. Augustinian texts also dominate
part 2 of title 11, dealing with what kinds of divinatio are pennitted and
what kinds are forbidden. Part 3 deals with t'he punishments for those
who commit sortilegium and divinatio:
The punishment for such is multiplex; they are declared infamous, nor may
they receive the eucharist, if their sin is notorious. . . . They may not be ad
mitted [in court] as accusers. . . . If, after warnings and after excommunication
they do not correct themselves, if they are slaves they may be scourged, and
if they are freemen they ought to-be imprisoned, and both kinds are to be
ejected from the parish, their status shown to be reduced because of im
morality, that is, they should be tonsured or scalped. The bishop may have this
done by his own authority, but he should beware of dismembering them, kill
ing them, or shedding their blood. And he may invoke the aid of the secular
To justify the invocation of the secular aim, that is lay judicial authority,
arm.43
Raymond cites from the first part of Gratian's Decretum, Distinctio 17,
c. 4 Nee licuit, an important text in the history of the Church's relations
with temporal powers in the judicial sphere. Part 4 of title 11 raises a
number of general questions concerning sortilegos et divinos. First, Ray
mond asks, what if someone should ask a confessor if it is never penn-issi
ble to divine by means of the astrolabe or similar means. "To this you T -�,.. .. •.I?
,,,,...
must answer, according to all authorities, that if it involves the invocation
of d�mons or other similar superstitions, it is in no way permitted."
Raymond's second question touches upon the magical and improper use
)>
of sacramentals and the mass itself in order to achieve ends that these
things were never intended to accomplish, especially those cletics who
say masses for the dead in the name of one still living. Raymond's third
question deals with the women who believe they ride at night ,vith
Diana, from Decretum, C.26, q.5, c.12. Raymond repeats the injunction
..Qf the Canon-- Episcopi that su9h superstitions and others, such as the /
b�n shapeshifting, are phantasms of the devil. Anyone who believes
them is beyond doubt .an inJ;rd�T an'ct wors�. than a pagan. Raymond's
Summa, then, offers a comprehensive view of canonists' theo1ies of magic
in the early thirteenth century. His citations of Gratian's texts suggest the
link between the topics discussed by Gratian, their categorical acceptance
?Y the teachers in the law schools, and the relatively few specific texts
included in the Liber of Gregory IX. Taken in all, as they arc in Ray
mond's Summa, they constitute, with the discussions of maleficia and
marital impotence, the sum total of canonist concern with magic in the
thirteenth century. Taken in conjunction ,vith the works of William of
Auvergne, Thomas Aquinas, and other writers, they form a consistent,
:r' ; 102 The Systematic Condemnatkm of Magic in the Thirleemh Centu'll
U�
(\) _q) coherent view of magic and its sinful and criminal aspects. The sin of
magic was associ��Y-!iL�l!uY.� t!1e gJ£§Sa ordwai�e
'�·
.)., . J
Q')
.
en
.
.
Bible.1., and by the late twelfth century beyond question, it was reg�de.<l
9-S being as evil as that of heres�- The magicians had become infamous
by the sacrilegious and superstitious character of their practices alone.
� 1/ And lawyers, no less than theologians, reiterated that view from the late
;J; twelfth century on.
�
l
\ of Salisbury, Dante was willing to use classical references to condemn
sins that were being committed by his contemporaries, probably because
the references were to well-known figures whose magical practices were
assie illustrations of the sin they committed. The remaining figures in
nto 20 are contemporaries, or near-contemporaries of Dante: �
c�h,_Qt,lid..Q,.B.Qna!!1_ Asdente, and a nameless group of womeu, "wretched,
wbo gave up the needle, the shuttle, and the distaff e fecersi 'ndivine;/
fecer malie con erbe e con imago"; that is, they made themselves diviners
and, by parallel constructiori, malie; they cast spells with herbs and
images. This short canto describes a variety of types of magician as they
were known by the end of the thirteenth century, and Dante's treatment
\ them effectively su
of ms up the theme of this chapter, the systematic
. in the thirteenth century.
�condemnation of magic
Simony, the subject of Inferno, canto 19, was named after Simon Magus,
_
p
�
roven character of the discipline. Guido, a Ghibelline, is probably placed
n Hell because astrology and magic, with heresy, were crimes particu
larly imputed to the Ghibcllines in Italy, just as h·eason was imputed to
the Guelfs. Among the strongest theological weapons that the papal party
wielded against their Ghibelline enemies were the charges of heresy ( see
Inferno, 10), astrology, divination, and magic. The tradition of Michael
Scot appears to have influenced Dante's image of Guido Bonatti as well. .
The nameless women who are the last figures in the canto are perhaps
a less well-known kind of diviner. The progression so far has been: classi
cal figures, famous thirteenth-century illusores and astrologi, and un
known and perhaps humble women who discard their approved role of
sewing, spinning, and weaving and pretend to be fortunetellers. This last
group is important because it gives us an insight into the kind of magic
racticed at lower social levels than the court, the town, and the univer
J, w
'v/ sity. They foretold the future and cast spells, engaging in herbal- and
image-magic, probably finding lost objects, making love-charms, or work
ing harmful spells upon their clients' enemies. These women are also
important, because they are the social, as the other figures in the canto 1
are the learned, precursors of the later vicl tims of witchcraft persecution.
Before the Inquisition was formally empowered to act against sorcerers,
} �� the poet knew perfectly well the orthodox penalties to which
• , diviners, astrologers, magicians, and fortunetellers of all kinds and ranks
\ were condemned.
In Inferno, cantos 29 and 30, Dante on, ce again deals with topics re
lated to magic, this time in the context of shape-changers and illusors.
Griffolino of Arezzo, who had been burned at the stake for being a
agician, reveals himself as condemned for being a fraudulent alchemist.
In general, alchemy presented problems somewhat different from those
posed by astrology, divination, and magic; Dante treats. the topic here
and in canto 30 under the general heading of perverse deception,
whether of alchemy, counterfeit coins, or individual identity. But
riffolino's reputation as a magician suggests the links betwet:n fradu-
The Systematic Condemnation of Magic i n the Thirteenth Century 105
Jent alchemy and other magical practices, for if he had not been an
alchemist, he would have been punished in Inferno 20 with the diviners
and illusors. Dante's commentators make it clear that Griffolino had the
reputation, at least, of being a magician. Benvenuto da Imola says that
the victim of Griffolino's deception, Albero of Siena, "fecit formari in
quisitionem contra eum, qualiter exercebat magicam, quam tamen ille
ignorabat.''•G The author of the Ottimo Commento states that Qri�oJ1no
was burned as an invoker of demons and a heretic in faith, ingiuratore de
demottic;d e�ti"co iii fede�Although the commentators are not absolute
authorities on Dante's intention\.--they provide an excellent view of the
understanding of the sinfullness of magic and the invocation of demons
that fourteenth- and fifteenth-century scholars might have. Their off-hand
terminology, familiar from the invective of the thi1teenth century, suggests
that by the fou1teenth century, condemnation of magicians to the stake
was not thought of as unusual, although it may have been infrequent.
Others in Dante's world also incurred at least the reputations-and in
one case the accusation-of being magicians, notably Peter of Abano and
Cecco d'Ascoli. Althoµ_gb_ Peter of Abano condemn�d the varieties of the
magical arts as soundly as any critic considered thus far, his discussion of
them, his own extensive interest in legitimizing astrology, and his knowl
edge of poisons contributed to his formidabl'e reputation in the sixteenth
century as one of the most powerful of Italy's magicians.47 Cecco d'Ascoli,
G cco
who was burned by the Inquisition at Florence in 1327 for the crime of ,
astrology, is in many ways a more important figure than Peter of Abano.48
Cecco was, as John Mundy has pointed out, the first magister to be put
to-aeath for his opinions. Although Cecco's astrological works seem rela-
tively innocuous, Villani's Chronicle suggests a more familiar reason: the
j�lousy of a fellow courtier of Cecco's at the court of Charles of Calabria,
then Duke of Florence. Although Cecco appears to have been somewhat
more determinist an astrologer than was altogether safe in the fourteenth
century, it was probabl }' a combination of an earlier condemnation and
his resuming his forbidden ait, along with the rivalry of a fellow courtier,
that brought about his downfall.
In the career of Cccco d'Ascoli, it is important to note that one hitherto
powerfu l protection of even the most criticized academic thinkers of the
twelfth and thirteenth centuries, their immunity from the stake, was
insufficient to save him, although it might have if he had been at Paris or
elsewhere. His 6rst condemnation came while he was teaching at Bologna,
!nd that was only a Sentence forbidding him to teach Or practice astrology l' l
�a.in. Cecco's case also emphasizes, as do the figures in Dante's Inferno t ,�....J
ana the later reputation of Peter of Abano, the uniform condemnation of
m�gic and �trology in thirteenth-century sources. Thi� condemnation
was supported by formidable theological and legal structures and re
iterated, as we will see in the next chapter, by a series of trials that once
· �r -
' �; -
r u."
J.
106 The Systematic Condemnation of Magic in the Thirteenth Century
and for all announced the crimen magia:e and completed the juridical
framework of the condemnation of the magical arts.
Perhaps the classic figure of the scholar who was tainted with the
reputation of being a . .!!.'!.�gjcian l�imsdf because he wrote ·extensively
about magic, was Amald of Villanova.4'' A learned and complex man,
V Arnald was a physician respected by king;s and popes, a "lay theologian"
whose prophecies and proposals for reform brought him afoul of the
Inquisition in France, Aragon, and Rome. A prolific writer, Arnald wrote
t\b(f�;·" , several works directed against the claims of sorcerers. In these works
,... f J,� c1iticiz�s_t]�ag�c-� sh�rp]y_a:5 Ag�_in�� o_r WilliaJn of Auvergne befo�
hlrp. His at�ack on sorcery, like those of Aquin_as, are two-pronged. First,
Arn;Ja° agrees· with the theoiogians that the demons cannot· be compelled
r/, ,. N/::.
L:�··· : ·
• . -� . by magicians, but receive them in order'to�their andottiers' ffiimna'-
.... tiofi: Second, he attacks the physicar'basis ' 'for the magicians' claims,
denying that lower substances can .be compelled by the mind or by
... ...�� .......__ _,,.,..._· -
dem_onj<: P.<?.".Yer __given qy th� deJnOPS t9 lwn:ians. The treatisf Dep ' im1fr'(1bn-
�·---- -
tione maleficorum, written by Arnald at the request of Bisho las15ei.tot
Valence to refute the claims of two Proveni9al monks that they could � n
trol the demons and use them for beneficial purposes, denounces the
curiositatem eorum, qui . . . garriunt asserendo se habere potentiam
demones compellendi.r. Arnald begins by attacking the physical basis of
beliefs that demons can be compelled by human intelligence; then he
0
denies that any force except God can compel demons, and that God may
give this force to holy men, but ce1tainly not to magicians, pecca"Iores:-:-:
exercentes nequissimi . Arnald denies the powers of words, signs, images,
J blood, corpses, suffumigations, performed , costumed or naked, in deserted
( buildings or other artificial places, quoniam omnium talium fabricator est
1
! ipse demon, and only deceived or simple people believe in them.
The frauds and invocations of magicians, the tricks of Griffolino, the
increasing danger to court astrologers, and the denunciation of the
Provern;al monks by Arnald of Villanova, mark a new development in the
history of the crimen magiae: the willingness and ability of autho1ities
to prosecute such offenders, and the general agreement among theolo
gians, lawyers, scientists, and legitimate astrologers that they should be
prosecuted. The fourteenth century opened! with the increasingly frequent
,t,
/ Y!J prosecution of magicians.
NOTES
) •.e.,
I
In 1256 a book of magic, since known as JPicatrix/ was said to have been
translated into Spa1;isJ1.f.g>m Arabic at thl�·de't·bf Alfonso X oLC ..Mtile. 1
Although the exact date of the translation into Lati11·1s unce1tain, the text
is important because it presents a formidalble defense of magic, impugning
' 1 on!y the evil intentioIJS of those who employ it. Picatrix has-been termed
I by Thorndike a "work of astrological necromancy," since its principal aim
is to explain the use of astrological images and the procedures for invok
ing demons. In its defense of magic, Picatrix also defends the magi.cian.
The pu1ity of character, years of study, c:fiastity, and devotion to the art
, J 1 required of thc magician suggests that magicians, like professors, knights,
110
The Sorcerer's Apprentice 111
As Picatrix and the Liber Juratus indicat,e, the appeal of magic grew in ,
brunt of punishment from which their employers were sometimes spared.
the thirteenth century, and the crime of magic entered both spiritual and
1 1 temporal courts. -
pitable welcome. In order to understand the appeal of courts for magi- ..,.
to cause, found in the courts of the thirteenth century a particularly hos
cians, apart from those observations made by John of Salisbury and others
a century earlier, we must first consider tl he nature of courts themselves.1
John of Salisbury was not, of course, tlile only writer who denounced
the atmosphere of the court. Aside from many thirteenth-century
moralists, one need only indicate the references to courts that run through
Dante's Divine Comedy, particularly the moving and bitter soliloquy of
Pierre de la Vigne in Inferno, canto 13. The climate of envy, deceit, the
struggle for precarious favor, the fate that hung on a ruler's whim or
another similar form they constitute a literary genre that extends down at
least to More's Utopia and into the seventeenth century.� Moralists and
critics of the court tended to tum much of their literature of complaint
and satire into conventional invective. On the other hand, the fostitution
of the court and its life corresponded genminely to many of the ills and
The Sorcerer's Apprentice
vices of which it was accused. And it was in the world of the court that
113
By the late twelfth century, most of the royal and princely courts of
Europe were growing out of the rudimentary innerant households of the
tenth and eleventh centuries. The legitimacy and history of the ruling
dynasty was a matter of pride and interest to the court, and the wealth
and splendor of the court testified to the power of its ruler. At the center
of the court stood the lord-whether noble, bishop, pope or king, his
servants and family; these were surrounded by others who attended
court either by right or by influtWce. Seen as a household, the court was
staffed with domestic servants and their supervisors, each with · clearly
defined functions. Seen as a center of political authority, however, even
domestic servants might wield power far beyond their status because of
their friendship, connections, or simple proximity to the lord. Although
the thirteenth century witnessed the rise to power of great officers of
state, the lords of courts just as frequently listened to individual favorites
who often had no explicit authority. The court and its ruler were the
center of power, favor, wealth, and security, but the people who attended
court or worked there found that these gifts did not always circulate
through clearly marked channels, but were instead subject to obscure
influences, inexplicable favorites, momentary passions, the "hissings and
murmurings" not only of magicians, but of blood relatives, favorites,
mistresses, friends, clerics, and attendants. Throughout the world of the
court there existed both a system of clear and unambiguous authority
t tnd command and a system of subtle and pervasive influences that
L orresponded to no known rank, status, title, or legitimate claim to power.
These systems were delineated more and more clearly in the course of
the thirteenth century. In their midst a shrewd and intelligent ruler might
exploit these two systems to strengthen his own position and widen his
access to circles outside the court, as the ablest Byzantine emperors .had
done since the sixth century. Trapped within two conflicting systems of
power, however, a weak or insecure ruler might be victimized by both.
This parallel existence of formal and informal systems of power is the
first distinctive feature of the medieval court.
In addition to the ambiguities of power and influence at the court,
thirteenth-century rulers were also in the process of transfo1ming the
nature of the principality and kingdom itself, usually in favor of a cen
tralized royal administration with a public, rather than a private, domestic
character. Thus, within the principality, the claims of the prince were
becoming increasingly novel and challenging the traditional reservoirs of
P?wer and authority that traditionally lay outside the control of the king
himself, whether vested in independent ecclesiastical properties, the
The Sorcerer's Apprentice
landed wealth of great families, the privileges of corporations and towns,
114
and even the libertas ecclesiae. Churchmen and great lay lords alike
found themselves either servants of the new central authority or outside
, /it completely. In spiritual and temporal! affairs, the court and central
authority created its own servants, far more pliable and loyal than mighty
subjects with power bases of their own. The household clergy of the
king-such as the Dominicans that surrounded the royal household in
Paris-and the growing number of bureaucrats, often of humble birth
and dependent upon the rnler alone for their advantage, could serve
royal interests more efficiently than quasi-independent prelates and lords
who could withdraw in times of danger o,r disfavor to their own virtually
independent domains.
The affairs of thirteenth-century courts were not, however, entirely
governmental. Royal pastimes included hunting, entertaining, and con
spicuously maintaining the visible style cif a great prince. These occupa
tions drew more people into the world o,f the court: huntsmen, grooms,
actors, jugglers, mimes, the histriones against whom moralists had com
plained since the eleventh century, singers, poets, musicians, and artists.
Landless and penniless knights came as well, to compete in tournaments.
Courts included scholars, clerics of all soirts, often astrologers, physicians,
and usually young people in service as pages and esquires. At its fullest,
the thirteenth-century royal court was packed with people from all social
ranks and occupations, and since government was the court's primary
' business, it was difficult to keep the different realms of the court
separated.
The social reality of the court is important because it served as a setting
in which particular political tensions and problems came to the fore.
Although thirteenth -century kings were slowly turning their power into
public power, they did so only at the expense of other traditional forms
Ji of power. Since criticism of the king w�ts ill-advised, if not impossible,
criticism instead was aimed at those around the ruler, particularly those
who appeared to have done nothing to warrant the royal favor and the
11 consequent power it brought them. "The king's wicked advisors" became 1
' 'a common motif of royal criticism, one that exonerated the king from !
direct blame and shifted many peoples' hostility over political change
onto the shoulders of the king's servants. In addition to the problem of
criticism and political tension, the court also served as a mirror of suc
cession crises within the dynasty. In spite of the centralizing of both
6
political theory and institutions, the succession to the crown sti!l pa1took
of domestic law. Legitimate and illegitimate claimants to the throne, as
well as those in junior and cadet branches of the royal house who might
have a claim to succeed, should anything unexpected happen to the
normal course of heirs, all frequented the court as well. General political
The Sorcerer's Apprentice
I ,
115
tensions and succession problems were but two of the larger political
issues that plagued royal courts, but they are sufficient to indicate how
tthe daily atmosphere of the court-part domestic household, part public
center of government- provided a particular' kind of arena in which
I
L larger public issues worked themselves out in particular ways.
One of these ways was public criticism. The literature of complaint
and satire has been well researched, as has the homiletic literature of the
116
who wished to take advantage of the informal and devious means of
The Sorcerer's Apprentice
acquiring power and favor. And the demimonde, wholly outside of any
role its members may have played in the prevalence of sorcery at the
court, was also an object of moral criticism and satire. The train of a
strange queen brought even more distastefol figures into court; the friends
of a prince, the current spiritual or astrological advisers of the lord, and
the changing population of artists and entertainers replenished not only
the demimonde of the court in reality, biut provided ever new occasions
for denunciations of court life.
The role of this demimonde has never been of great interest to his
to1ians, in one sense at least because it probably had little to do with the
traditional and fo1mal affairs of state. We do not notice it in war, nor in
fiscal affairs, nor at the great court ceremonies and the operation of the
law courts. Rather, it served the individuals of the court in their private
ambitions and needs, usually behind the scenes, often secretly. Its very
1(
value was its mobility, usefullness, position, ambiguous status, and
ubiquity. And in return, it was protected, patronized, and enriched by
those it aided, at least as long as it did nothing especially dangerous and
� did _n�t get found out. It linked the aiistocracy and others to the
mag1c1ans.
In a study published in 1972, Professor William R. Jones undertook an
investigation into "The Political Uses of Sorcery in Medieval Europe."8 ,<.
Jones's richly documented survey is very suggestive of the role played
by sorcery at the royal courts of England : and France and the papal court
between 1300 and 1450. Although Jones focuses upon the manipulation
of charges of sorcery by political agents dealing with political crimes,
his study is also important as an iJlustrati.on of something more than the
realpolitik of ambitious royal servants aind conniving kings and popes.
Jones' attitude toward the reality of the •charges of magic that filled the
courts intermittently for a century and a ! half is sceptical, and he regards
the charges of sorcery more as a supplementary accusation than a real
threat. As the foregoing chapters indicate, however, it is possible to take
a different view. The development of the magical arts between the late
twelfth and thirteenth centu1ies was considerable; already in the mid
twelfth century, John of Salisbury and others were complaining that
courtiers were especially prone to employ them; the condemnations of
these arts came not only from theologians and canon lawyers, but from
many other sources in the course of the century, including no less formid
able thinkers than Roger Bacon and Amald of Villanova; the courts as
institutioHs were particularly vulnerable at the end of the thirteenth
century to the kinds of services magicians had to offer. As we consider
some of these cases in the following pag1es, it is important to remember
that belief in magic was not mere "superstition" around 1300, that magi-
The Sorcerer's Apprentice
V
s existed, that their books existed, and that there was a widespread
l cian
117
As we have seen, Brown's model may help indeed to explain the relative
fearlessness of Christians between the seventh and the eleventh centuries
when faced with sorcery. In an age which geared its own legal institu
tions to the notion of immanent justice, it was understandable that a
powerful and outraged God would strike down a sorcerer, either directly
or through the actions of formidable living saints, bishops, and abbots.
As we have also seen, however, that certainty and security of a com
pletely Christianized world began to sl lip during the late tenth and
eleventh centuries. The revival of learning brought with it a revival of
learned magic. Although theologians and canonists alike denounced most
of its forms, astrologers and magicians rnade strong defenses, especially
attempting to bifurcate the magical arts: , condemning part of them as
evil, but eagerly defending another parit as praiseworthy. By the late
thirteenth century, the learned magician had returned with his discipline,
books, and professional-almost clerical-status. Even careful writers
who distinguished between different kinds of magic, such as Roger Bacon
or Arnald of Villanova, acquired reputations for practicing evil magic;
careless magicians, like Cecco d'Ascoli, w1ere burned. The paradox of late
thilteenth-century magic was that it necessarily ran afoul of the notion
of a completely Christianized society, but it also made strong claims to
legitimacy and learning. The pagan image of the learned magician once
more confronted a Christian society, and tlhat society could not. but regard
him ambiguously. As D. P. Walker has shown, the ambiguity between
spiritual and demonic magic persisted do,wn to the seventeenth century.
The learned magician having returned, some of the circumstances that
drove people to use magicians and to ma1ke accus�tions of magic against
others returned as well. The world of the late thirteenth-century courts,
The Sorcerer's Apprentice 119
of course, was not that of late imperial Rome. But some of the features
of late Roman imperial life singled out in Brown's discussion suggest
parallels with the thirteenth- and fourteenth-century courts of western
Europe. First, the late thirteenth century witflessed considerable institu-1
tional and administrative centralization of royal government. In France
this was achieved by a graded system of lesser public officials throughout
the kingdom and a group of able and dedicated royal servants in Paris.
In England, although the king had no group around him remotely com
parable to the lawyers of Philip IV of France, he had a justiciar and
treasurer, and the careers of Hubert de Burgh, Peter des Roches, and
Peter des Rivaux in the reign of Henry III illuminate the balance among
magnates, royal officers, the bishops, and the king that accompanied and
characterized centralization of English government. The great officers
of state in England were the objects of the envy of their rivals and the
fear of the magnates. Without being exclusively archtypical low-born
favorites, they excited resentment against themselves and they attracted
\
,... resentment that might otherwise have been directed against the king.
As Jones and others have pointed out, all of the following were charged
with one act of sorcery or another between 1232 �nd 1307: Hubert de
B...!lrgh, Henry Ill's justiciar; Walter Langton, the treasurer of Edward I;
and Adam Stratton, chamb�rlain of the exchequer under Edward I.1°
These early charges suggest one target 9f charges oJ the use of magic:
the officer of state whose actions, success, and power threaten to over
ride the balance among competing centers of power. In the case of
Hubert de Burgh, his enemies seemed to favor the great magnates; in
other cases, the resentment appears to have been directed against indi
viduals whose favor with the king permitted them great power and
wealth. Adam Stratton is the low-born royal favorite par excellence, and
Edward I is said once to have called out to him, in a remark that reveals
-much about medieval humor, "Adam, Adam, where is the man I have
created?"
}'hese English cases are isolated episodes and suggest the lack of
English interest in sorcery much before the fifteenth century. This gen
eral lack of concern ( except in the fifteenth-century cases to be consid
ered below) parallels England's general lack of concern for the later
type of the witch as that type was supposed to flomish on the continent.
The extensive descriptions of English cases of sorcery in the thirteenth
and fourteenth centuries found in the work of Ewen and Kitteridge all
point to a form of learned magic, which, if it is not as elevated as those
defended by Picatrix and the Liber Juratus, is nevertheless a skilled art,
one practiced by clerics or learned individuals. The well- known case of
Dame Alice Kyteler in Ireland in 1324 suggests principally the opposition
between a powerful and wealthy well-connected woman and an English
The Sorcerer's Apprentice
V
120
Franciscan bishop, Richard Ledrede. The long conllict between the
11
bishop of Ossory and Dame Alice clearly grew out of Alice's wealth and,
power in the district and the wealth of her son. TI1e bishop, allying him
self with Alice's enemies, launched the charges of homicide and sorcery
which kept Kilkenny in a turmoil for several years. The importance of
the Kyteler case is that in it one may observe the sharpening of accusa- 1
tions of sorcery and association with demons characteristic of other epi
sodes of the fourteenth century. What is also noteworthy about the i
Kyteler case is that it is the only significant case of accusations of magic
� in fourteenth-century England-and it failed. The bishop of Ossory's
charges were comprehensive and sophisticated, but they were insufficient
to overcome the local support Alice Kylteler evidently maintained. In
short, the Kyteler case, too, has a political air about it, although it falls
outside the great cases of political sorcery that erupted in France at the
end of the thirteenth century.
_y, The French political sorcery trials fall iinto two groups. In one group,
�' ' the king and his servants levelled charges of sorcery against several high
,
t:;0 . ecclesiastics, notably Guichard, bishop o,f Troyes, and PoP.e Boniface 1
' VIII. 12 In 1308 Guicha� accused of having �PfPrl �
the nueen by
1"'-{\
·· w<> . means of image-magic and of having use.cl magic on other occasions as
s· nf:.t well. Like Aaam-Sffirtton, Guichard was a royal favorite, and his charac
ter and activities appear to have made him bitterly hated by many at
court. Accused of using a sorcerer to hellp him, Guichard, whether he
actually used sorcery or not, was the victim of the court, of the milieu in
which the use of magic was widely recognized. Philip IV's accusations
against Boniface VIII are also part of a l long and complex emnity. that -
had its roots in Boniface's Italian affairs as well as in his conflict with
Philip IV. Although the charges against Boniface are probably baseless,
they mark an interesting step in the conflict between spiritual and
' 1 temporal authority. During their political quarrel, Philip was able to
defend some of his actions against Boniface by appealing to doctrines
both agreed on. But Boniface ultimately parted from Philip, and the
king of France was obliged to maintain his own security and his control
over the French church against a formidable and articulate pope. After
Boniface's death, the charge of sorcery wai; employed because charges of
doctrinal heresy would have been canol!lically difficult to prove and
because the other crimes with which Bo,niface was charged stemmed
from traditional antipapal invective of the twelfth and thirteenth cen
turies. The charge of sorcery against Boniface was, in its way, an in
genious device for attacking a pope who was protected from otlier
charges, such as that of heresy, and whos, e authority, in theory at least,
was superior to that of the king. The accusations against Boniface and
Guichard both may have been engineered by Guillaume de Nogar�t,
The Sorcerer's Apprentice 121
Philip JV's minister, and it is possible that in Boniface's case, they were
brought cynically. But in both cases, the charges were plausible. In the
• / case of Guichard, more graphically than in that of Boniface, they helped
explain his behavior, his success, his power in" the court, and the deaths
of members of the royal family. The charges against Boniface also ex
plained his bitter and prolonged opposition to the roi tres chretien,
Philip IV.
Boniface VIII was not the last pope to be charged with sorcery, but
the most effective accusations of sorcery took place within the French
court itself.13 Enguerrand de Marigny, a rival of Guichard and one of the
bishop's accusers, was himself charged with sorcery in 1314. Although
originally accused of treason and misappropriating royal revenues, he
was soon accused of using sorcery to escape from prison and destroy the
king. His wife, his sister and a sorceress were implicated with him. At
the same time, Pierre de Latilly, bishop of Chalons, and Raoul de
Presles, two former servants of Philip IV, also fell from grace and were
charged with employing sorcery. All of these cases, as Jones points out,
consisted of attacks on parvenu royal servants by members of the royal
f I family or the high aristocracy. These powerful figures, whose actual
authority seems not to have coincided with their natural rank, launched
accusations against their opposites: men whose authority was great, but
whose social rank was low. In terms of Brown's model, the low-born
servants of the crown, whose own status was uncertain and could change
at any moment, both made charges of sorcery and were the victims of
these charges. Unlike the fourt h -century Roman emperors, the kings of
England and France could not protect their servants and favorites by
placing them in a strictly graded bureaucracy beneath themselves. The
power of the royal servants was less specific and therefore more vu1ner
4.
able to those who hated and resented them. The great aristocrats who
engineered the falls of Enguerrand de Marigny and Pierre de Latilly
accused them of other crimes besides sorcery, but the accusation of sor
- cery covered the very real threat that these men posed of somehow
I managing to return to power, by the same elusive means they had sue-
I ceeded in before. It should also be noted that the accused were not'
charged with performing acts of sorcery themselves but of having the �
assistance of professional sorcerers and sorceresses, people whose pres-
\} ence was well known and who were from the very demimonde of the
world around the court. -·-
-.J
The next round of sorcery accusations in �ance came in 1316, when
Mahaut of A tois, the mothe -in-l aw of Philip V:'was acci:ised°"o'rliaving ('-��.:_;"�)
� � _ . affection for her
sorcery practiced upon the king m order to restore his
daughter. 14 Erotic magic too was part of the repertoire of the fourteenth-
y
century sorcerer. Jones draws some general conclusions from the nature
of the victims of sorcery accusations that are very suggestive. First, he
122 The Sorcerer's Apprentice
notes that royal advisers, especially those with no personal rank and
status of their own, were accused of using sorcery to attain their fortune
and power. Second, "members of collateral branches of ruling dynasties,
especially the ladies of cadet families, who were the symbols of dynastic
controversy, likewise provided the focus for accusations of this kind." In
� \ both of these instances, opposition came from those whose own interests
were blocked by the accused. The charg;e of sorcery itself, rather than
(or along with) other crimes, was necessary to explain the power the
accused exercised over the king without criticizing the king's judgement,
and this device seems to have been a disc• overy of the reign of Philip IV.
During his father's reign Pierre de la Broce played a role similar to those
played by Guichard de Troyes and Enguerrand de Marigny; but, as far
as is known, the accusation of enchanting the king was not made. A gen
eration later, it was. It remains to inq1uire into the atmosphere that
encouraged accusations of sorcery against such specific groups at the
royal court of France.
We have already seen that these accusations usually fell into two
areas: first, high-born members of the royal family or upper aristocracy
made sorcery charges against low-born, but very highly placed and
powerful royal servants, usually after the king's death. Sorcery was an
explanation for the rise of the favorite, his domination of the king, and
the grounds for an accusation of treason. Charges of sorcery also ex
plained the failure of the aristocracy itself to achieve the position held by
the parvenu counsellor. Second, ladies of cadet branches of the royal
family, as Jones points out, stood to profit from interruptions of the
natural pattern of succession, and amatory and erotic magic was a con
sistent part of the magical arts, one which especially troubled canonists.
There is, however, an important third aspect of these trials and accusa-
tions: the magicians themselves. The great figures were rarely accused
.,
of performing magic themselves, but of using professionals to do it for
them. These professionals were members of their own entourage or part
of the demimonde of the court, and they were very familiar with the
unseen workings of favor and danger in the world of the court. It is im
portant to note that they were never the full-fledged sorcerers found in
theologians' and scientists' denunciations, although the charges brought
against them derived from denunciations of precisely the high and power
ful magician. Instead, they were lesser figures-in a sense, . sorcerers'
apprentices-who were employed professionally because of their skills
and reputations. The whole apparatus of denouncing magicians was
levelled at these minor servants, hangers-on, domestic magicians, sor
cerer's apprentices, thereby putting upon them the brunt of the charge,
and often convicting them when their patrons were let off or punished
lightly. The sorcerer's apprentices were desh·oyed in the conflicts of the
'.
The Sorcerer s Apprentice 123
powerful, having become involved in the affairs of the great and the
powerful through their place in the demimo�e of the court. Their de
struction contributed an important element to the thirteenth- and four
teenth-century hostility to magic and to its concept of the magician. It
brought the magician into the comt-not the court of the Inquisition nor
that of the village, but ,the royal court, where the traditional protected
1 status of those accused of magic no longer helped. Powerful royal or
princely patrons could not withstand the command of the royal comt. In
the case of Mahaut of Artois, ii). particular, the king himself was willing
to make the charges public and stand by the final outcome, so seriously
did he take them. When figures like Enguerrand de Marigny, Guichard
of Troyes, and Mahaut of Artois could be brought to court, the magicians
they had employed had no defense against prosecution themselves. l!!_
the first guart�_of t!:ie fq_urt�enth.. centur.x.•. <l.. numl>J�r. of , grou,p� tr�di
nonally protecte cc sa · witclwi:a..f� Q�f�m.e...x:uJn�J.!ql�:.,r/
l ������� -� � .�?}\ ��
Cecco aAscoTi 5ecame tlie first magister. to .be b�� for his ideas . . an<l 'l
f6r sorcery; thegreat figures of earlyl'olirteenTI;::century France were also
calledt� trial on charges of sorcery. When such power and position failed
to protect its members from accusation and even conviction, the sorcerer's
apprentices had little chance of escaping, and few of them did. The case
of Alice Kyteler is important in this context precisely because Alice did
escape, if only barely, by exploiting her personal connections and be
cause the charges of Richard Ledrede were not taken seriously. But the
charges were ominous, and even Alice's wealth and power only barely
saved her from one form of condemnation or another.
By the secon�quar!_.��-ou:�� . -f<?u.r���th .9��tu}Y...l}�e legal machinerf I
of papal ana royal courts, and episcopal. court� as well, . was beginning- to J
accept cliarges of soi·ce'i·y ans 'to achieve convictioiis . The sorcerer brought
to court was not, of course, the magus of the philosophers. Sorcery had
become democratized, and the small magicians who fitted the competence
of the courts became the predecessors of the later humble witches. A
theory of magic and its dangers and errors that was designed for a
learned, dangerous, and powerful sage was applied to lesser magicians in
the fearful and insecure atmosphere of the court. John of Salisbury's
warning to courtiers a century before was repeated, not by humanist
moral critics, but by the most powerful figures of the early fourteenth
century, and it was being repeated in the context of accusation, trial, and
conviction. The crimen magiae was, in a very real sense, "on the books"
after the early fourteenth century. Its practitioners were already those
from the indistinct demimonde of courtiers and servants who sustained ,
the machinery and intrigue of court life. They were charged in the hard
est terms extant with political interference. By the early fourteenth cen-
J
124
tury, political structures had become extraordinarily sensitive to inter
The Sorcerer's Apprentice
ference of all kinds, and the sorcerers appeared among the most dan
gerous enemies of the state. The question of whether sorcery was heretical
or not did not need to be asked: it was clear.!ur��:!..n�!.it�ll�
society aU!��<;!�tl!r1.J?.2£!..�.i,nJ.��.����- ?'f]fi'e1lngdom. It was there ore
a legittmate concern.of temporalcoliits,'atnd� victims brought its
practitioners out of the world of the com't: into the courtroom. And al
though in the trials the magicians looked diminished and hardly like the
figures depicted in Picatrix and the Liber ]uratus, or even like those
described by Aquinas and William of A uvergne, they were convicted
�j because they were believed to practice the same condemned arts. It was
difficulflo briiiif a fu11-Iiedged magician 11nto'-c6urt· except in the case of
Cecco d'Ascoli, but the great magician in t:he abstract had been the focus
of a unanimous condemnation that was applied to considerably lesser
figures with great success. If the shadowy assistants of Guichard de
Troyes, Enguerrand de Marigny, and Mahaut of Artois could be con
oftne king _ was� in question because of his great age and physical de
l terioration(In' 14];_9 .J.9'.1!1 �Y..a�, stepmother of Henry V, was accused
of practicing magic to encompass the dea1 th of her late husband, Henry
i IV. The charges made against Humphrey of Gloucester's wife, Eleanor
Cobham-of using magic against the young Henry VI-were sim"'ilar Eo
tnose made against Mahaut of Artois a century earlier. 16 !3y the�-
J
f�eenth ....c.e.ntur,, Engl'!c�expe,[en�. a succession c,isis sim�
f France l!rOµ!}d . 1316, and th� key figures involved were so _J?.Owerful
- orily,. oiies- thafcQ.liict
that c�arges of sorce�-y were virtu�a1ly the" .--- safel�e
. made. Again the victims of the trials we:re the magicians, . in this case
- --
tlie -�lerics Bolingbrolce ana SoiiHlwella�d the. professional sorceress
.
h
' l\ Margery Jourdemayne. Once again the ac,cusation of sorcery was hurled
back and forth among the most powerful figures in the kingdom, but the
convictions were of lesser folk, the dem11monde of the court and the
p
The Sorcerer's Apprentice 125
courtiers. In England as in France and Avignon, the charges aired in the
highest of courts struck down a few of the mighty and many of their ·
lesser servants. The convicted magicians were clearly from a far lesser
came from an unprotected status- they were not magistri, royal relatives,
social rank than of the powerful figures the}" were employed by; they
or members of the great religious orders. And they did not necessarily
function only at royal or papal courts, although it was in those settings
that they first became vulnerable to prosecution. Long before the first
village sorceresses became witches, the victims of the trials at Paris, West
minister, and Avignon already had created a public image of the magi
cian-one who need not be remote and mysterious but who came from a
social order that was supervised and scrutinized by many different law
' I courts and magistrates. The courts concentrated upon the efficacy of the
magician's acts, their intention, and the status of their victim, not par
be more easily acquired, and behind him, or her, lurked the shadow of·
the demon. The warning of thirteenth-century magic books had come
true: the sorcerer's apprentice could indeed run into difficulty by care
lessly or ignorantly employing the ait. But the difficulties were far more
consequential than being carried off by a demon. They consisted of being
brought to trial in a real court by fearful judges.
servants who had had much experience iin conveying the king's opinions
to a larger public. The fall of Acre in 1291 sharpened Christian con
sciousness of the divine wrath, which was the common explanation for
crusade failures: the sins of the Christians prevented God from favoring
them with victory. The sins of the Templaxs could also be blamed for the
loss of Acre. 'fhus far, the argument sugge��s tha_! Philip could have
· conscienti<?usly believed the .S��g�s_ _a_ga_!�St
Jj _ _ the Templ�rs without hav
ing been either a millenarian visio�arx. or a financial opportunist.
Were the charges true? It is impossible to avoid agreement with Finke
and Cohn and to say that they were not. 'Were they credible, not only to
the general public, but to Philip himself? The answer should be affinna
tive. Philip's conscience, the attack on Boniface and Bernard Saisset, the
expropriation of the Jews, the atmosphere of suspicion and frustration at
court which lashed out against Guichard de Troyes in 1308, again at the
memory of Boniface in 1311 and left a legacy of hostility that turned
against Enguerrand de Marigny and Pierre de Latilly in 1314, all sug
gest that Philip was prepared to believe in the truth of the accusations.
Similar, if not as ambitious and elaborate, accusations were made against
Beguines and Beghards, and there was an old vocabulary of invective
against closed corporations whose activities were carried on in secret.
To fill out the charges, there was the testimony of witnesses and con
fessions made by some members of the order itself. In these, rather than
in the charges themselves, there occur the elements that connect the
charges against the Templars with the common beliefs of heresy and
magic among clerical and lay writers of 1the thirteenth century: infanti
�ide, magical potions to bind those who drink them to the secrets of the
I�rder forever, lasciviousness, and the renunciation of Christ and the wor
ship of idols. These lesser accusations and confessions link the major
charges against the Templars firmly to contemporary beliefs concerning
heretics and magicians.
at
I The case against the Templars, like the political sorcery trials t�
, shortly followed it in France, Avignon, and England, brought two maior
criminal elements into accusations of sorcery: a specific and central accu
/
sation of idolatry, which, as we will see in the next chapter, became a
major concern in the criminal character of sorcery, and the consciousness
,1' of a fearsome attack on a vulnerable Ch1ristianity. The vulnerability of
Christendom was first declared in the tv,elfth century at the onset of
heterodox movements. It appeared just as the outward expansion of
Christian conversion of pagans came to a !halt, and it was encouraged by
the dream of world reform that inspired G1 regorians and heterodox Chris
tians alike. Such a declaration of vulnerability was, in fact, a way toward
increased power: as the Gregorians claimed, the Church was vulnerable
129
I C
to the abuses of laymen and wicked clergy. In order to correct that
The Sorcerer's Apprentice
The accusations against Boniface VIII and the Templars made by the
king of France and the scurrilous invective that circulated against Boni
face in Italy throughout his pontificate, helped to introduce the idea that
charges of blasphemy, sorcery, and idolatry could be launched against
the pope himself.20 Indeed, Clement V was huns.ell th_e... �_u_bieQ!� num
�. and Augustinus Triumphus of Ancona dedicated to him a
book warning of the grave dangers of consulting diviners and other kinds
of magicians. Augustinus' treatise appears to repeat conventional theo
logical and canonist denunciations of these practices. As if these circum
stances were not enough to trouble the papacy, the early years of
� "!.en�uccessor, John XXII, brought yet new difficulties. The move
-
130
of the papacy to Avignon, not yet clearly a long sojurn, had increased the
The Sorcerer's Apprentice
factionalism among the cardinals and their courtiers and servants; papal
finances were exhausted, and the administrative machinery that later
marked one of the few successes of the Avignon papacy was not yet in
place. In addition, in 1314 and the following years, further trials for
sorcery were troubling the royal court of France. In 1317, Joho XXII
face� t1:_: c_� e .?� J:Iugues G!rau5'1, pis451,,,_?f' Cah_o1� who w,as _ic;�a
_ ;
ana conv�cted of attempt!_ng to take the pope,s life by means of S0!9ery
and poison. Other cases of sorcery at the papal court were discovered,
aird" irr1319 Bernard Delicieux was tried and convicted of the possession
21
same year, John XXII condemned several clerics at Avignon for possessing
and using the books and instruments of magic. The case of Berna@
Delicieux in 1319 was followed in the same year by a letter to the cliocese
of Poitiers, in which the pope told of a case of sorcery that he had en
counrered earlier when he was a judge, A woman, accused of sorcery
(maleficium) refused to confess until she was tortured, when she con
fessed all.Z4 Hugues Gcraud was not the nrst sorcerer that John XXII
encountered.
It is not necessary to posit from these cases between 1317 and 1319
that John XXII was particularly afraid of witches. As was the case with
.,\ Philip IV, he was especially in a position to be victimized QY a1tacks_ of.
mairicians, and the temper of tne late thirteenth and early fourteent,,,,
I �---- - -- ---- --------- h
p
Our most holy father and lord, by divine providence Pope John XXII, fervently
desires that sorcerers, the infectors of God's flock, flee from the midst of the
house of God. He ordains and commits to you that, by his authority against
them who make sacrifice to demons or adore them, or do homage unto them by
giving them as a sign a written pact or other token; or who make certain bind
ing pacts with them, or who make or have made for them certain images or
other things which bind them to demons, or by invoking the demons plan to
perpetrate whatever sorceries they wish; or who, abusing the sacrament of
baptism, themselves baptize or cause to be baptized an image of wax or of
some other material; and who themselves make these things or have them
made in order to invoke the demons; or if unknowingly they have baptism,
orders, or confirmation repeated; then, concerning sorcerers, who abuse the
sacrament of the eucharist or the consecrated host and other sacraments of the
Church by using them or things like them in their sorcery, you can investigate
and otherwise proceed against them by whatever means available, which are
canonically assigned to you concerning the proceeding against heretics. Indeed,
our same lord amplifies and extends the power given to Inquisitors by the law
as much as the office of the Inquisition against heretics, and, by his certain
knowledge, likewise the privileges in all and singular cases mentioned above. 25
great lawbook, in 1298.2G The ordinary gloss to the Liber Sextus was com
piled b y Johannes Andreac around 1300, and Johannes's comment on
Alexander's text noted that:
[Sorcery and divination that clearly savor of heresy include] praying at the
altars of idols, to offer sacrifices, to consult demons, to elicit responses from
them, . . . or to associate publicly with heretics in order to predict the future
by means of the body and blood of Christ, etc.
William of Santa Sabina's letter specifically charges the inquisitors of
132 The Sorcerer's Apprentice
Carcassone and Toulouse with carrying out, in effect, precisely the in
structions that Alexander !V's letter and Johannes Andreae's gloss issue:
the sorcery they are to prosecute is preciisely that kind of sorcery that
manifestly savors of heresy.
In 1323 or 1324 Bernard Gui wrote one of the most widely circulated
manuals of inquisitorial procedure.27 As a number of historiins have
noted, Bernard's manual says nothing whatever about ·�w�� but
it does mention sorcerers of the kind emcountered by John XXII and
anticipated by Alexander IV and Johannes Andreae, and it contains a
formula for abjuration by a sorcerer.�8 Bernard describes precisely the
kind of sorcery condemned in William of Santa Sabina's letter of 1320.
As we will see in the next chapter, this view of the inquisitor's duty to
prosecute charges of sorcery was continued in the even more influential
inquisitor's manual of Nicholas Eymerich, written in 1376 and widely
circulated through the sixteenth and seventeenth centuries. It is in
Eymerich's manual that the first text is found of a decretal issued by
John XXII in 1326, Super illius specula:
-------·-
Grievingly we observe . . . that many who are Christians in name only . .
sacrifice to demons, adore them, make or h.ave made images, rings, mirrors/
'I
phials, or other things for magic purposes, and bind themselves to demons.
They ask and receive responses from them and to fulfill their most depraved
lusts ask them for aid. Binding themselves to the most shameful slavery for the
most shameful of things, they allay themselves with death and make a pact with
hell. By their means a most pestilential disease, besides growing stronger and
increasingly serious, grievously infests the flock of Christ throughout the world.
By this edict we warn in perpetuity, guided by the sound counsel of our
brothers, all and singular whc> have been reborn at the baptismal font. In virtue
of holy obedience and under threat of anathema we warn them in advance that
none of them ought dare to teach or learn anything at all concerning these
perverse dogmas, or, what is even more execrable, to use any of them by what
ever means for whatever purpose. . . . Vve hereby promulgate the sentence of
excommunication upon all and singular who against our most charitable warn
ings and orders presume to engage in these things, and we desire that they
incur this sentence ipso facto. 29
noose left open by Alexander IV, although they do not exceed the injunc
tions of the earlier pope. Although some historians have questioned the
reason as to why either or both of these letters were not included in later
, The Sorcerer's Apprentice
/ 133
collections of canon law, the Extravagantes, it would seem simply that
they were not necessary. Alexander IV's decretal and Johannes Andreae's
ordinary gloss were in no way exceeded by, these letters. The letters
simply mobilized a permission that was implicit in the earlier papal let-
ter, and by the mid-fourteenth century, inquisitors, bishops, popes, and
secular magistrates alike knew very well in what ways sorcery and magic
could automatically become heretical. The importance of these texts aoes
not lie in their ;elation to canon law-except insofar as they were in
perfect conformity with it-but rather in the convicti_2iy. tha.!2r.1�&..C.......\f�S- �.
flourishing�,�-<1.�th�t .e9!!.<l� �2,�����ken to stop it. who were
-
c�P in the search for magicians, 1tsli'ot'ilcf'" 6e"''if6ted:"'Were, with a
Those
few exceptions, the same sort of people convicted in France. They were
not the high, learned magicians, but their assistants, the S,!!1�}£Elcti- f'
tioners of the art-cleiics, I!l�D�. J�w:i,en and Jay_women, , all,-p.ro..es�ipp; �
rnagiclans:-tlie'y-�re-:if��-· from the demimonde of the court and' the
I
tO'Wn,' royal and papal. As the fourteenth century wore on and the charges
of political sorcery became diverted into other channels, the charges of
maleficent or heretical sorcery continued to be launched without inter- /
ruption at the same kind of people, usually from the middling and poorer
1
classes of court, town, and clergy. The learned sorcerer had generated the j
hostility which was vented on the sorcerer's apprentice.
I
The actions taken by John XXII have been shown to be perfectly con
sistent with the views of Alexander IV on the Inquisition's competence
to try cases of magic. In 1270, a Summa de officio inquisitionis gave a
fo1mulary for the interrogation of idolaters and maleficii.30 The interroga-
.....,e.' (
�ory begins with the association of maleficii and demonic invocation and v-Y�f,( 1.'
1t goes on to enquire about love- or hate-ma ic, necromancy, the obser-
. :
r ,-..1'
v� (_)f auspi�jous...m:..inauspicious....da.y.s_arui.fesfrlla . -3I1tiZ1!!g _1mages, v > C'><c�
1w
�d ot.!_l�_ magical 9ffenses ajr��9.Y. clearly cong�Ipned m_ c�_non law and ',,- - )
.
1
Zanchinus goes on to distinguish between licit and illicit sortes and de
fines other types of magic. He then goes on almost literally to reiterate
Alexander IVs statement on the competence of the Inquisition to try
magicians. Like Johannes Andreae, John XXII, Bernard Gui, and William
of Santa Sabina, he agrees that there are many magical arts that clearly
The Sorcerer's Apprentice
savo r of manifest heresy and that these are well within the province of
V 135
the inquisitors. The ecclesiastical punishments for these acts include being o
denied the eucharist, being declared infamo1;s, being separated from
family, and excommunication. Zanchinus, however, also points out that
there are secular punishments for magic, citing the Code of Justinian,
and indicating that the ultimate secular punishment is the death penalty.
It is to these texts in the Code and to other secular laws that Alexander
IV made reference when he said that magicians whose actions do not
manifestly savor of heresy should be left to their own judges.33
Thus, the first quarter of the fourteenth century witnessed a number of
cases of magic in temporal and spiritual courts and a considerable litera
ture ranging from papal letters and conciliar canons, to canonists and
moral theologians like John of Freiburg, to lay jurists and lay theologians
like Arnald of Villanova. There is nothing in canto 20 of Dante's Inferno
that would be out of place in this literature, and by the middle of the
fourteenth century, the question of inquisitorial competence to deal with i
magic was well understood and universally approved. The moral criticism /
of John of Salisbury and William of Auvergne had acqui17e -juridical
dimension and a strong tliegJ.ggLc�l . _aff.!rrnation. The magicia'h'""'r'most
aa
formidable enemy turned out to be the pope, backed by theologians and
canonists, clerics and laymen, lay theologians and poets. What is un-
1 avoidable in this period is the unanimity with which all sectors of society
condemned magic and the truly formidable strictures against magic that
existed in many different kinds of literature. The developing demonology
of the twelfth and thirteenth centuries, and the definition and prosecution
of heresy had certainly contributed their part to this process, as Russell,
Lea, and others have shown. But the crimen magiae, itself denounced and
defined for several centuries, was sufficient in itself to form the basis o
Al later images and charges of witchcraft. The witch of the late fifteenth, �
Z!.. sixteenth, and seventeenth centuries derived from the magician more than
from the heretic.
NOTES
14. Charles T. Wood, The French Appanages and the Capetian Monarchy,
1224-1328 (Cambridge, Mass., 1966) , with references cited.
The Sorcerer's Apprentice 137
15. These figures, who are very elusive and not always obviously associated
with the great courtiers, may be important for other reasons as well; below the
level of the high learned magician, and well above the level of the village and l
/
urban people atcused of magic, they may form an'important link between high
and low beliefs concerning sorcery. They are not mentioned in Richard 1
I(ieckhefer's otherwise very illuminating study of the relations between popular
and learned culture in the matter of witchcraft, European Witch Trials (Lon
don, 1976).
16. Jones, "Political Uses of Sorcery," pp. 682-86, with sources cited.
17. G. Lizerand, Le dossier de l'affaire des Templiers (Paris, 1923); H.
Finke, Papsttum und Untergang des Tempelordens, 2 vols. (Munster, 1907);
Malcolm Barber, "Propaganda in the Middle Ages: The Charges against the
Templars," Nottingham Medieval Studies 17 ( 1973 ) : 42-57, but Barber's con
clusions about general magic and witchcraft are not to be trusted. See also
C. R. Cheney, "The Downfall of the Templars and a Letter in their Defence,"
in Cheney's Medieval Texts and Studies ( Oxford, 1973 ) , pp. 314-27; Cohn,
Europe's Inner Demons, pp. 75-98.
18. Cohn, Europe's Inner Demons, pp. 75-98.
19. J. N. Hillgarth, Ramon Lull and Lullism in Fourteenth-Century France
(Oxford, 1971).
20. Such charges, as we have seen above, had been launched as early as the
tenth century, were reiterated in the eleverith and twelfth as part of the Investi
ture Conflict and its literary legacy, and reappeared in the fourteenth and
extended into the fifteenth. There is no study of this papal tradition of accusa
tions of magic.
21. E. Albe, Autour de Jean XXII, Hugues Geraud (Cahors-Toulouse,
1904); K. Eubel, "Vom Zaubereiwesen anfangs des 14. Jahrhunderts," Histo
risches Jahrbuch 18 ( 1897): 608-31.
22. B. Haureau, Bernard Delicieux et l'inquisition albigeoise (Paris, 1877 ).
23. For background, see general, Thorndike, History, 3: 18-28; Cohn,
Europe's Inner Demons, 192-97;
24. J. M. Vidal, Bullaire de l'inquisition fran9aise au XIVe siecle et iusqu'a
la fin du grand schisme (Paris, 1913), pp. 51-52.
25. Joseph Hansen, Quellen 11nd Untersuchungen zur Geschichte des Hexen-
wahns tmd der Hexenverfolgung im Mittelalter (Bonn, 190 1 ) , pp. 4-5.
26. Liber Sextus 5. 2. 8.
27. See the bibliographical citations below, Appendix II.
28. Selections in Hansen, Quellen, pp. 47-65.
29. Hansen, Quellen, pp. 5-6. See also Anneliese Maier, "Eine Verfugung
! 0hanns XXII tiber die Zust1{ndigkeit der Inquisition fur Zaubereiprozesse,"
In Anneliese Maier, Ausgehendes Mittelalter (Rome, 1964), pp. 59-80.
30. Ibid., pp. 42-44.
. 31. Ibid., Quellen, pp. 55-59; S. Leutenbauer, Hexerei und Zaubereidelikt
in der Literatur von 1450 bis 1550 ( Berlin, 1972), pp. 53- 58.
32. Hansen, Quellen, pp. 59-63.
33. See below, Chapter 6.
6
The Ma gician, the Witch,
and the Law
When the "typical" figure of the witch was drawn up during the fifteenth ,
and sixteenth centuri es and began to be the object of numerous and
extensive persecutions between the early sixteenth and the late seven
teenth centuries, the means of denning witchcraft and maleficent magic
rested upon both theological and juridical bases. Thi s section will treat
theological concepts of magic and magiicians as they are expressed in
several distinct, but related theological genres: biblical exegesis, the
summa genre of encyclopedic handbooks for the instruction of preachers
and confessors, the records of decisions o,f theological faculties, and indi
vidual works of theology from the fifteenth century. Law in its tum
j
recognized and followed theological opinion, but it was aqm�i stered in
differenrco"\lrts -oy different kinds of personnel, from secular liiy ancl
ecclesiastical officials to inquisitors. The second section of this chapter
wi ll focus upon-tile changing legal attitude toward maleficent magic and 1
witchcraft, from thirteenth-century Roman and canon law to the courts
of the sixteenth century. The third section will deal with an important
area in which law and theology meet, the problem of heresy and the rela
tion of methods developed to deal with it to the persecutions of magi
cians and witches later. The fourth section wi ll consider the parallel
emergence of a new learned magic in the fifteenth and sixteenth centuries
138
f
139
and its relation to the witchcraft persecutions. The fifth and final section
The Magician, the Witch, and the Law
will sum up the arguments of this book as they bear upon the concepts
of magic and witchcraft found in the Malleus Maleficarum and similar
treatises in the sixteenth century and expressed in the climate of the
actual prosecutions of magicians and witches in the sixteenth and seven
teenth centuries.
One of the most frequently cited biblical texts of the fifteenth and
sixteenth centuries that dealt with magicians ( and later was applied to
witches) was Exodus 22:18, "Maleficos non patieris vivere," "Thou shalt ·
not suffer a witch to live." Like !!1any old Testament judicial injunctions,
however, this text, as we have seen above, was not interpreted as literally
binding upon Christians in the twelfth century. Although I have not
found a specific commentary upon Exodus or other Old Testament texts
that can be called the beginning of a new literal interpretation of
judicialia, there is considerable evidence that the early to mid-thirteenth
century witnessed the beginnings of such a process. This made possible
the later medieval and early modern literalness that served as a theo-
bogical foundation for the emergence of later witchcraft persecutions.
William of Auvergne, bishop of Paris from 1229 to 1249, concerned
himself in the De legibus precisely with the question of how Old Testa
ment injunctions were to be interpreted in the Christian era, a topic that
had interested earlier biblical commentators, both Jewish and Christian,
during the twelfth century.' The traditional Christian interpretation of
the Old Testament divided such injunctions into three categories: caeri
monalia, judicialia, and moralia, and the literal sense of these was treated
differently by different traditions of medieval exegesis. Beryl Smalley, in
her work on Ralph of Flaix and Andrew of St. Victor in the twelfth
century, has suggested that already "the literal sense of the Law was
evoking a new curiosity." She goes on to suggest that perhaps the Cathar
denunciation of the Old Testament as being inspired by the devil may
have urged a new insistence on the part of the orthodox that the 1£galia
of the Old Testament were of divine origin and therefore, particularly
when these coincided with contemporary Cluistian law or seemed to
resemble its precepts, they were to be interpreted literally. The work of
Moses Maimonides on the precepts of the Old Testament became gen
erally known in western Europe in the second and third decades of the
thirteenth century. Maimonides, too, presented an attempt to rationalize
and justify the literal meaning of the legal precepts of the Old Testament.
Bis work was known to William of Auvergne, whose De legibus makes
a powerful case for the validity of the Old Testament legalia, claiming,
among other reasons, that such precepts were instituted to combat idola
try, including magic, which still threatens God's people.
Although later thirteenth-century commentators re-emphasized the
value of the spiritual levels of scriptural interpretation, other mid
140 The Magician, the Witch, and the Law
Omnis divinalio quocunque predictorum modorum vel alio simili flat prohibita
est et maledicta a Deo et a ecclesia tanquam ydolatria et infldelitas.
Anyone who attempts to know the future, which is only possible for God,
misapplies the law of divinity to a creature. John then cites Isaiah 41 and
Leviticus 1 9 -20, Galatians 4, and several works of St. Augustine to justify
his conclusion. John goes on to ask whether divination accomplished by
invoking the demons is always illicit. His answer is from Aquinas, and in
the affirmative: pact with the demon is always illicit, and such activity ·
places the human soul in great peril. By divinatio, of course, John of
Freiburg refers to the generic theologians' term for all forms of con
demned magic. It is worth noting that by the end of the thirteenth cen
tury the condemned forms of divinatio include the ordeals of water and
hot iron, as well as the judicial combat.
John notes that the ars notoria is also condemned, citing Aquinas as his
authority, and he condemns too the use of astronomical images and
phylacteiies. He denounces the beliefs condemned in the Canon Episcopi
as superstitions that make the believer worse than an infidel or a pagan
and as instituted by the demons. Although John of Freiburg, like Bernard
of Pavia, notes that the penalty for these crimes in Roman law is death,
he follows Raymond in listing various spiritual punishments, from forty
days' penance to denial of the eucharist, deposition and degradation of
clerics, excommunication, and imprisonment. In book 4, title 16, John
.
discusses maleficia in the context of impediments to marriage. Maleficia
may indeed make a man impotent, and John draws upon the work of
Aquinas and Hostiensis.
. The Summa Confessorum offers little toward the classical figure of the
s1xt eentn-century witch, but it presents an extraordinarily impressive and
concise account of theologians' views on the varieties of magical prac-
142 The Magician, the Witch, and the Law
tices and their universal condemnation. Drawing nearly equally from
theologians such as Augustine and Aqui1nas, Scripture, and canonists such
century theological views of divinatio and its various forms, cited the
as Hostiensis, John of Freiburg producedl a compendium of late-thirteenth
cerning divinatio and sortilegium, the two generic te1ms commonly used
teenth and fifteenth centuries repeated the theological consensus con
preachers, of which one of the most extensive was the Summa Praedicah
the thirteenth and fourteenth centuries also produced handbooks for
'f
law, which forbid their practices; and they err in doctrine, thereby be-1
titioners of these arts of having made at least a tacita pacta with the
coming guilty of idolatry and superstition. Bromyard accuses most prac
its readers with exempla, and it is in his: article on sortilegium that Brom
yard repeats William of Malmesbury's :story of the witch of Berkeley, as
well as many other similar stories. As G. R. Owst has shown, other hand
books on vices and virtues and preaching materials also repeat this and·
fifteenth and sixteenth centuries was precisely the genre of handbooks forr
tells thirteen other exempla, from Gregory the Great's Dialogues, con
preachers. In addition to the story of the witch of Berkeley, Bromyard
Canon Episcopi, noting that women in 1this respect are found more guilty
Like John of Freiburg, Bromyard criticiizes the beliefs condemned in the
When Bromyard lists the penalties for divinatio and sortilegium, like
of holding them than men.5
tions, presumably those which had come before it in various ways, which
it declared to be errores. In 1402 Jean Gerson, chancellor of the univer
sity, issued his treatise De erroribus circa artem magicam, apparently an
expanded version of a speech he had delivered to medical students at the
university. In the speech he repeated the university's conclusions in
slightly altered form and listed verbatim the twenty-eight charges cited
as errores four years before. Although the specific occasion of the 1398
conclusio is not known, the theology faculty may have been instrumental
in condemning the magician Johannes Barrensis in 1390 ( it issued other
condemnations of magic in 1425 and 1426) , and the conclusio was prob
ably the result of the faculty's cognizance, if not specifically of this, then
of other similar cases. The university had been strongly involved in the
subtraction of obedience from Pope Benedict XIII just four months before
it issued its conclusio, and in 1409 charges of employing necromancers
and divinatores were launched against that pope by the Council of Pisa.·
In any case, it seems clear that the theological faculty was sufficiently
concerned with the frequency and danger of magical practices to issue
its conclusio in 1398 and that Gerson agreed with it, since his own
treatises against magic, although not many or long, are unremittingly
hostile.a Therefore, the opinion of the faculty of theology of the Univer
sity of Paris, and that of Chancellor Gerson, may be taken as representing
the most advanced and widely respected theological thought at the turn
of the fifteenth century. Given the nature of thirteenth- and fourteenth
century concerns with magic in scriptural exegesis, summae for preachers
�nd confess ors, and the decretals of Pope John XXII, it is worth examin
ing the opinion of the Paris doctors on the subject.
The conclusio of 1398 begins with references to manuscripts covered
The Magician, the Witch, and the Law
with diverse geometrical figures and the names of demons and containing
144
charges that we have seen listed against both learned and non-learned
The Magician, the Witch, and the Law 145
Q� · ces alone, then, but the identification of these practices with the articu
f: �
\: ·,.,
lately defined and dec1ibed and condemn, ed magical arts, brought Dante's
(J �
, i5!·
V ! hapless women and their successors to the attention of theologians and
judges, spiritual and temporal, in the course of the fourteenth century.
t
{? A few years after Gerson, in 1437, a decretal of Pope Eugenius IV
suggests the degree to which a number of different superstitious practices
7' had become identified with the condemnations of !:_�med ma��c:
The news has reached us, not without great bitterness of spirit, that the
prince of darkness makes many who have been bought by the blood of Christ
partakers in his own fall and damnation, bewitching them by his cunning arts
in such a way that these detestable persuasit:ms and illusions make them mem- -
hers of his sect. They sacrifice to demons, adore them, seek out and accept
responses from them, do homage to them, and make with them a written agree
ment or another kind of pact through which, by a single word, touch, or sign,
they may perform whatever evil deeds or so1 rcery they wish and be transported
to or away from wherever they wish. They cure diseases, provoke bad weather,1
and make pacts concerning other evil deeds. Or, so that they may achieve
these purposes, the reckless creatures make images or have images made in 1
order to constrain the demons, or by invoking them perpetrate more sorcery. ·
In their sorcery they are not afraid to use the materials of Baptism, the •
Eucharist, and other sacraments. They mak,� images of wax or other materials
which by their invocations they baptize or cause to be baptized. Sometimes
they make a reversal of the Holy Cross, upo,n which our Savior hanged for us.
Not honoring the mysteries, they sometim1� inflict upon the representations
and other signs of the cross various shameful things by execrable means.0
The impact of this movement in theology may be seen in many places,
none described more strikingly than Johann Huizinga's treatment of
fifteenth-century religious sensibility and imagination. Huizinga contrasts
the devotional flowering of piety represented by Gerson and the Brethren -
of the Common Life, on the one hand, with the violence of these same -
theologians' perception of superstition, illusions and temptations by
demons, and ignorant devotion. Indeed, if there is a single hallmark com
mon to most fifteenth-century theological writings it is the marked sense
of human vulnerability to demonic temptation and the description of this
sense in lively, colorful, and horrendous detail. Huizinga's treatment of
Alain de la Roche ( 1428- 1475) constitutes an eloquent portrait of a
We may note that the prostitute of apostasy strongly resembles the "witch ,.
of the suave fancies of spiritual love. 10
the utterance of word.s. 11 This long and very detailed treatise is exhaustive
power of coercing demom may be acquired by characters, figures, and by
cians. 15 In general, the theologians' concern was primarily with the nature
of magic as a theological offense, and less with the particularities of
magical practices. Thus, the reality of magical practices is affirmed, the
pact with the demon proved, and the resulting idolab-y and superstition
condemned. To say, as a number of historians have, that "scholastic theol
ogy" created the foundations of later beliefs in witchcraft is, as Hopkin
and others have shown, highly misleading. It is in the theology of the late
I
fourteenth and fifteenth centuries that the preliminary steps are taken
toward the later definition of the witch; i111 both its interpreting and teach
ing methods, in its literary morphology, and in its theodicy, this theology
is quite distinct from, although related to, the theology of the thirteenth
century. To witness the further transformation of idolatrous magic into ,.
witchcraft we must turn first to the !av;, and then to the problem of
heresy and the Inquisition.
The treatment of magic and related practices during the classical period
of canon law, 1140-1350, was extremely limited. Not only did Gratian's
Decretum contain few texts dealing with the topic, but the compilationes
antiquae and the Liber Extra of Gregory IX contributed few additional
texts. The teachers and commentators ,on these texts tended to repeat
each other and their authorities. Their chief concern with magic was its'
role among the impediments to marriage, and ma1ital cases appear to
have been among the most common in which lawyers and judges con
-./,
the sense of canon law on the subject, and in this respect, John of Frei
burg's Summa confessorum continued that role, for theologians during the
fourteenth and fifteenth centuries. As we have also seen, Church councils
and synods and papal decretals also mentioned magic, but, except for the
text of Pope Alexander IV in 1258 distinguishing between heretical and
non-heretical magic, none of the papal materials entered canonical collec
tions. Even the many decretals of John XXII and such later letters as that
of Eugenius IV, cited in the preceding section, remained outside the
tradition of canonist comment¥><,and teaching. From the early fourteenth
century on, however, a number of canonists produced commentaiies on
Gratian's Decretum in the light of subsequent canonist and theological
work. Among these were Guido de Baysio, Panormitanus, and Johannes a
Turrecremata. Turrecremata's Commentarius in Decretum Gratiani, com
pleted around 1445, suggests something of the fifteenth-century canon
lawyer's approach to the texts from the classical period discussed in Chap
ters 3 and 4.10
The most striking feature of Turrecremata's commentary on C.26, q.5,
Canon Episcopi is its extraordinary length, much greater than earlier
canonists' commentaries. Second, he deals with such topics as the
demons' power to create illusions, the transformation of shapes, and the
question of whether "the folly of magicians abounds to a greater extent
in the female or the male sex." That is, Turrecremata deals seriously
with several topics that Stephen of Tournai, for example, had offhandedly
remarked should be left to the poets and philosophers. His discussions
are not by any means brief, and he proceeds to each topic by means of
the methods of scholastic logic; that is, he states the arguments for one
side of the question, then those for his own side and refutes the first set.
His discussion of illusions is a professional theologian's discussion, quite
foreign to traditional canonists' terseness on such subjects. Turrecremata's
conclusions, however, are quite traditional. The devil can create illu
sions; the illusory character of the superstitions described in the Canon
Episcopi is reiterated. The superstitious character of belief in night
flights is redefined. Demonic power cannot change the shapes of humans.
Finally he argues that such superstitions are to be found more frequently '
in women than in men, claiming to base his conclusion upon the order of
relationship to Christ and the order of temptation invented by the devil,
according to the schema of Alexander of Hales. Turrecremata goes on to
say, however, that he has never heard a wise man or woman testify to
such beliefs, but rather "old, foolish women, sick men such as are
I
melancholics, phrenetics, maniacs, those who are excessively fearful, boys 1
and that kind, who are easily deluded by demons and by men." It is very
difficult to see, in the canonical legal scholarship of the fourteenth and
The Magician, the Witch, and the Law
fifteenth centuries, any pa1ticularly mairked notice, in the professional
150
1
even against the friars themselves in the fourteenth and fifteenth centuries
all find their roots in the invective of the thirteenth century. 21 The fevered,
picturesque, and grotesque descriptions of heretical activities depicted in
late twelfth-century and early thirteenth-century sources must be set
against the relatively sober descriptions of heretical beliefs and activities
in twelfth-century sources, and against the relatively reliable accounts of
heretical beliefs in fourteenth- and fifteenth-century inquisitors' manuals.
a request for aid against heretics in the Rhineland made by the friar
Konrad von Marburg:
This passage was probably inspired by Konrad von Marburg's own letter
of appeal to the pope, and it suggests the influence of some of the anti
heretical invective noted above in Chapters 2 and 3. The osculum infame,
the pallid master, the magical loss of the faith, the ritual, lasciviousness,
lI the appearance of the demon, desecration of the host, and blasphemy all
constitute the prototype of charges against later heretics and witches. The
only part missing is the description of what the heretics have done to earn
the praise of the demon for having served him well. Fifteenth-century
theologians and moralists compiled a grim catalogue of precisely what
- those actions were. When their work was finished, the portrait of the
-/
heretic in Gregory !X's letter became the portrait of the witch. Heretical
- I'j,i - assemblies became witches' sabbats; the ritual deference to the master and
158 The Magician, the Witch, and the Law
covenanfa, or oath taken among heretics in southern France, became theJ "
the demon became the pact, the basis olf idolatry. It is possible that the
three such inexpert figures into the episcopal inquisitorial process matks
one of the most important early stages of the history of the Inquisition.
For Konrad von Marburg was far from being a lawyer, far from under
standing the dangers of ruthlessly and pitilessly manipulating the court
into condemning heretics wholesale. A mendicant ascetic, Konrac
preached crusades from 1214 to 1220, and served as the spiritual director
of St. Elizabeth of Thuringia between 12, 21 and the saint's death in 1231.
As spiritual director of that much put-upon saint, Konrad inflicted his
spiritual visions upon his protege and exercised his fascination for demon
ology. Out of this nonlegal background!, Konrad acquired considerable
The Magician, the Witch, and the Law
'
power over the judicial machinery of the Upper Rhineland. He translated
159
his own interior demonology into the society of heretics in the Rhine
valley, and he invoked the law to purify the society he imagined.:6 Both
:Konrad and Robert le Bougre, who worked at 'the same time in France,
helped to set the tone-one of spiritual zeal coupled with a total disregard
for the most elementary features of legal process-that characterized
much of the Inquisition's history and was not removed even by the sys
tematizing and regularizing of the inquisitorial process in the fourteenth
century. For the procedure that later learned inquisitors used was devel
oped in the more flexible and mo.re dangerous days of the early thi1teenth
century by men like Konrad and Robert and their assistants. The great
authority of the Inquisition stemmed from its direct papal authority and
its exemption from the common canon law of the Church. This authority
was lent to a system of investigation, accusation, trial, and punishment
that shared many of its most formidable parts with the criminal proce
dures of other thirteenth-century societies, from the kingdom of France to
the Italian city-republics. •But the most ominous and destructive features
of the Inquisition derived from the application of those parts in a novel
way by zealous men who were trained in no law and could thereby use
the law to attack spiritual dissent, no matter how deeply concealed.
Ecclesia de occultis non fudicat-"the Church does not judge hidden
offenses," so said a canonist maxim in the late twelfth and early thirteenth
centuries; the concealed sin was left to the forum of penitence, the confes
sional.21 In inquisitorial procedure, however, it was precisely the transfer
ence of concealed offenses to the judicial forum of the Inquisition that
marked the difference between the Inquisition and conventional canon law
courts. The spiritual troubles of Gregory IX, Konrad von Marburg, Robert
le Bougre and others took up the rhetorical descriptions of heretical activ
ities developed late in the twelfth century and pronounced them crimes of
the gravest kind; they instituted a juridical procedure that cut away tra
ditional protections, initially operated with unprofessional personnel, and
possessed virtually unlimited power. As Henri Maisonneuve points out:
[In the case of Konrad of Marburg and his role as a testis synodalis] it is not
necessary to speak of an episcopal inquisition here, nor of a monastic inquisi
tion, in spite of the specific affiliation of many "inquisitors," and even less of a
"secular inquisition, but rather of an itinerant and formidable papal commi s
sion of inquiry sui generis. If it did not suppress ordinary jurisdictions, ecclesias
tical and secular, it stimulated them, it goaded them, and it tended naturally to
supplant them, and by that means, without doubt, to depart from the essence
of legality.:s
literature went much further into the nature of. the magician's acts and
the character of his sin, especially idolatry, than canon lawyers appear to
Kramer and Jacob Sprenger, and in the Malleus Maleficarum, the most
have done. In the work of two fifteenth-century inquisitors, Heinrich
divinatores and malefici are regarded as being the same kind of offender,
exhaustive ( and, for a century, the most conclusive) arguments are made:
since they are punished in the forum of conscience by the same punish
ment. Both anticipate injury to God's creatures inflicted by demons, and
both ask from the demons what should only be asked of God. In the
sortilegus gives way to a process of identifying all these terms with each
other and with the magical arts. These arts, in turn, although some of
them may in theory be acceptable, are continuously condemned, and that
condemnation becomes stronger in the fifteenth and sixteenth centuries. In
the fifteenth century the invective against heresy is applied to magicians
and later to witches, by bringing them before the inquisitorial tribunals,
not only of the Inquisition itself, but before secular judges as well; the
ancient condemnation of magic is strengthened by its identification with
idolatry, superstition, and apostasy. As Norman Cohn has pointed out, and
as Richard Kieckhefer's calendar of "witchcraft" trials indicates, most con
victions before the late fifteenth century were for the practice of magic
seen in these terms.30
For people sensed that here was a new way which might allow man to gain a
full mastery over nature. The attempt to seize precisely those methods which 1
medieval theology had rejected shows once again how fundamental the break
with the middle ages had been. 32
[T]he ambiguous reality of man consisted of the fact that he was a possibility,
an opening through which one could rejoice in the inexhaustible richness of
Being. He was not a being defined once and for all, immobile and secure, but '
was always precariously balanced upon the margin of an absolute risk . . . [in]
an infinite universe which is open to all possibilities. �3
As Garin, TI10rndike, and others have pointed out, such a view was dia- 1
metrically opposed to the earlier views of human nature and magic. What
1 several historians have called "the muse of terror" lay behind medieval
attitudes toward magic, and throughout the last and most learned revival
of magic there raged against it and its vision of human nature the stric-
tures first enunciated by Plato and later b y the theologians and inquisitors
of the fourteenth and fifteenth centuries. At the beginning of the seven
teenth century, attacks came from a new quarter, from the new vision of
science possessed by Francis Bacon and 1the logical method of Descartes.
Of the two enemies of natural and hermetic magic, the theologians and
The Magician, the Witch, and the Law
inquisitors were the more dangerous; not only did they apply to the new
] rnagic the old strictures and the new punishments, but they associat�d the
1
/'\ learned magicians with the unlearned witches, who had come much more
sharply into focus by the late fifteenth century.!•
The chief theological problem faced by the hermetic magicians was the
Church's firm statement that there were only two kinds of spirits, angels
and demons. Independent commerce with what appeared to be benevolent
spirits could only be commerce with demons, and no Christian in the
fifteenth century, Neoplatonic philosopher or not, could easily disagree.
It is not surprising, therefore, that Ficino and Pico and their successors
emphasized far more emphatically than even Roger Bacon and Arnald of
Villanova that there existed two kinds of magic, which D. P. Walker terms
spiritual and demonic, and that their magic was purely spiritual. Walker
shows that, for all their protests, the hermetic magicians of the sixteenth
century were themselves well aware of the dangers of demonic magic,
even if some of them, such as Agrippa and Paracelsus, veered even closer
to demonic magic than Ficino.35
It was no acddent that the new learned magic began in Italy and that
several of the most impassioned attacks on magic and witchcraft, and the -
earliest, also originated in Italy. As Peter Burke has recently shown, there
were a number of trials for forbidden magic in fifteenth- and early six
teenth-century Italy, and the judges did not always distinguish between
what historians too easily call "magic" and "witchcraft." Gianfrancesco
Pico's dialogue on magic and witchcraft Strix ( published in 1523) sums
up, in its arguments for and against the belief in witchcraft, a wide range
of learning and a denunciation of both learned and humble magic. In
Strix and in his other writings against magic, Gianfrancesco Pico attacks
the revival of the cult of antiquity, striking out at the targets that had
exercised the Church Fathers centuries before: Orpheus, Apollonius of
Tyana, and Circe. Indeed, one striking feature, especially of the Strix, is
the author's citation of classical models, such as Medea and Circe, in his
condemnation of all forms of magic.ar.
With the stirrings of the Reformation, certain implicit contradictions in
late medieval theological approaches to the subject of magic became
explicit, and reformers could and did attack Catholic ceremonial practices
and beliefs as manifestations of demonic magic. Indeed, one of the themes
that sustained much of the literature concerning magic and witchcraft
throughout the sixteenth century was the diabolical magic of which the
Catholic church was accused. On the other hand, H. C. Erik Midelfort has
suggested that the very hardening of confessional camps in the sixteenth
century led to denominational postures that necessarily excluded all of ·
one's enemies' ideas, including those, such as scepticism toward magic and
Witchcraft, that might otherwise have circulated across confessional divi-
-
164 The Magician, the Witch, and the Law
sions.3 ' The work of Johann Weyer, for example, has been regarded in
different ways by different historians, p 1recisely because it is usually read
in parts, selectively. Weyer, physician to Duke William of Cleves, wrote
in 1563 a long work entitled De Praestigiis Daemonum, which is generally
remembered for its scepticism concerning the reality of the crimes of
which witches were accused. What is not as often noted, however, is
Weyer's unremitting hostility toward the Roman church and his accusa.
tions that many Catholic practices are manifestations of the worst kind
of demonic magic.36
In addition, Weyer fully believes in the reality and diabolical character .
of learned magic, and he attacks Ficino and other learned proponents of
natural magic vigorously. It was just this: sort of attack that the traditional
denunciations of magic had prepared, but Weyer does not cite the con·
ventional patristic sources, relying heavily upon the Bible and his own ,
vision of a nonmagical Christian religion. Although they appear different,
the learned philosopher· magicians and the Roman churchmen are both
victims of demonic illusion, both sunken in diabolic magic. In spite of r.
Pico's humanist learning and Weyer's scepticism as to the reality of
witches' actions, D. P. Walker legitimately groups these two thinkers with
Thomas Erastus under the heading of evangelical hardheads:
Those who believe all magic to be demonic or diabolical and illusory; who tend
to be sceptical about the reality of supernatural phenomena; who distrust all
pagan philosophy, particularly Neo. platon,ism; who take the Bible as their
supreme authority whenever possible; who in general have a sensible, no·
nonsense outlook on things, usually base:d upon a moderate Christianized
Aristotelianism. 30
phasize again the role of learned magic in shaping, not only the witch
figure, but the circumstances that led lto the resolute opposition to all
forms of magic in the sixteenth century. This opposition, although directed
from different presuppositions, hampered the development of learned
magic throughout the sixteenth century until the new assault from scep
tics and rationalists killed it off in the e:arly part of the seventeenth cen
tury. It is not common to link such figu1res as Bacon and Descartes with
Gianfrancesco Pico, Bodin, and the sixteenth-century magistrates and
_ I inquisitors, but a link there is, one of many obscure connections between
what often seem to be wholly separate worlds, the theology of the fif
teenth century and the rational philosop1hy of the seventeenth.
became suspect magicians too, and all of this occurred long before
the rationalist assault led by Bacon, Bayle, and Descartes. Even that final
assault was tempered by the residual theories of spiritual causation exhib
ited by the Cambridge Platonists and others down to the end of the
seventeenth century. What Keith Thomas calls "the magic of the medieval
Church" may have been the cause of dissension between sixteenth
century thinkers who defended a nonmagical Christianity and those who
fought against it, but from the second to the sixteenth centuries the magic
of the medieval Church remained exclusively an ecclesiastical form of
magic. As Aquinas once said, it was a magic hallowed by miracula and
.,
l' divine providence; all else were mira, simply wonders and illusions, ere,/
ated by sporting and deceptive demons. No matter how learned the
magician, the same process of demonic illusion that deceived the simple
witch, deceived him as well. And the magician was the greater fool and l[ ,
Lthe greater sinner.
Once the full variety of medieval magic has been described, it seems
to me impossible not to appreciate the important place that medieval
attitudes toward magic and magicians-and the nature and practice of
magic on many levels itself-exerted in the thirteenth, fourteenth, and
fifteenth centuries. Once even learned magic began to be actively exam
ined and denounced, especially in the work of William of Auvergne and
others in the early thirteenth century, a framework of magical activity
was shaped that came to include many kinds of behavior; some of it was
regarded as popular superstition and residual paganism, and more of it
as one form or another of learned magic. The process did not occu r at a
steady rate, nor did all kinds of thinkers contribute equally to it. Canon
lawyers and scholastic theologians seem to have contributed less than
was once thought. Even inquisitors, once the nature and extent of the
inquisitor's powers are understood, appear to have been less original and
more closely tied to contemporary theological opinion than they are
customarily thought to have been. Since Kieckhefer and Cohn have
demolished some of the fourteenth-century cases that had long anchored
the image of the sixteenth-century witch in the fourteenth century, such
documents as Kieckhefer's own exhaustive list of witch trials may be
read as trials for sortilegium, divinatio, and the illicit practice of the ars
magica. And behind these trials and opinions, there lies an accessible
b ody of ecclesiastical opinion on magic. The magic described by thir
teenth-, fourteenth-, and fifteenth-century writers is not the eternal sort
of magic, studied by historians of comparative civilizations and dis-
tinguished by anthropologists and some historians from witchcraft, either
, u general . practiced through
, or specific. It is a particular kind of magic,
demonic power by a variety of social types from the learned magus to
The Magician, the Witch, and the Law
the sorcerer's apprentice, from the local maker of crude images and love
168
/
potions to the poisoner, the midwife, and the wisewoman.
As magic came to be considered specifically the result of illicit com
merce with demons, so too did heresy, and although heresy inspired the
spread of inquisitorial procedure, both in special courts and generally
throughout ecclesiastical and secular society, it is not surprising that those
e courts took cognizance of magic as well as heresy. It would be surprising
, if they had not. Magicians and heretics a1re both antecedents of the witch.
Once magic is dissociated somewhat from the idea of eternal magic on
the one hand, and learning on the other, it is easy to regard it as a time
)1 bound phenomenon, the result of historical circumstances acting upon a
l
traditional literary and theological hostility which dates from the patristic
period. And this has been the argument of this book so far.
Once we have admitted that the theory and practice of magic was a
historical event from late antiquity through the sixteenth century and that
magic elicited a specific Christian response not fundamentally different
from orthodox responses to heresy and 1'.ater to witchcraft, we are forced
to reassess the terminology customarily used to label magic and witch
craft. Medieval Latin and all the European vernacular languages pos
sessed terms that were applied to magicians from late antiquity on.
Although I have not been able to provide a full semantic history of such
key terms as maleficium, I have suggested that in Latin, terms that had
remained relatively discrete before the fourteenth century began to be
used interchangeably after that period. 'Nhen one reads "divinatio vel ars
magica," for example, in a fifteenth-century text, it is clear that the
hitherto limited definition of divinatio has been expanded and become
interchangeable with the term ars magica. The history of maleficium also
shows narrow and broad meanings. W'hen maleficium and sortilegittm
became consistently forms of idolatria and superstitio, theologians and
inquisitors acquired greater freedom in dealing with them in relation to
other crimes that had long been considered manifestations of idolatria
and superstitio.
The interchangeability of tenninolog)t in the fourteenth and fifteenth
centuries created a new context in which not only Latin te1ms, but
I vernacular terms as well could be considered as manifestations of the
same sin. Thus, such terms as Hexe, strega, wicca, and many others,
, which we first find in early penitentials and sermons, came to mean a
• particular type of sinner and criminal which we commonly designate
as witch. Yet they did not always mean what 1,;itch means, and has meant
1 from the late fifteenth century on. In the early eleventh-century Sermo
Lupi ad Anglos, England is chastized by the preacher because, among
many other vices, "7 her syndan wiccan 7 twelcyrian."' A literal transla
tion would read, "here there are [male] witches and valkyries." But such
3
The Magician, the Witch, and the Law 169
a translation would be erroneous in two respects: first, the preacher is
speaking of magicians, not male witches, and, second, the valkyries are
not the Scandinavian goddesses, but living women who practice magic. ·
Yet the modem word "witch" comes from wicca, but in an etymological
sense only. Lupus ( or Wulfstan) certainly had no conception of the
future meaning of the feminine form of 11,;icca. About four centuries later,
Chaucer's Friar describes the duties of an archdeacon:
\. Sorcery was one of many kinds of sin whose absolution was reserved to
J the bishop, and the archdeacon was the bishop's legal official. Thus, the
Friar's archdeacon punishes for sorteligium and divinatio and the poet,
writing in English, naturally uses the term wiccecraft. Chaucer knew
no more of fifteenth- and sixteenth-century meanings of witchcraft than
had Lupus-Wulfstan four centuries earlier. The point of this short seman
tic excursus is that the history of usage and meaning can illuminate
relationships between Latin and vernacular words and can suggest that
certain terms whose meaning dramatically changes, such as witch and
witchcraft, ought to be recognized as such and perhaps differentiated as
1
1,; to early and late meanings. As I observed at the beginning of this study,
the words sorcerer and tcitch exist in English because after 1066 English
was strongly influenced by the Romance languages. If modern English
had to deal only with a term such as wiccacraft, many of the fine dis
tinctions drawn between magic and witchcraft would no longer exist.
This argument runs close to a caveat of Jeffrey Russell-that to define
witchcraft only as that institution desclibed in sixteenth-century and some
fifteenth-century sources, with the full panoply of pact with the demon,
night-flight, the sabbat, the use of demonic power to perform supernatural
acts injurious to the human race, and so forth, is virtually to deny that
such a thing as witchcraft existed before 1400 or so. For the sake of
semantic precision, as the preceding chapters have indicated, I am
strongly inclined to take precisely that position. But any reader of
Russell's rich and massively documented study would recognize that such
a stand would exclude a strong tradition and an accumulation of legend;
polemic, and legal and psychological attitudes would also be excluded.
The Magician, the Witch, and the Law
Without a knowledge of these elements, it would be impossible to under
170
Desiring with supreme ardor, as pastorall solicitude requires, that the catholic
faith in our days everywhere grow and flourish as much as possible, and that
all heretical pravity be put far from the territories of the faithful, we freely
declare and anew decree this by which our pious desire may be fulfilled, and,
all errors being rooted out by our toil as with the hoe of a wise laborer, zeal
and devotion to this faith may take deep,er hold in the hearts of the faithful
themselves.
It has recently come to our ears, not without great pain to us, that in some
parts of upper Germany, as well as in the provinces, cities, territo1ies, regions,
and dioceses of Mainz, Koln, Trier, Salzburg, and Bremen, many persons of /
both sexes, heedless of their own salvation and forsaking the catholic faith, I
give themselves over to devils male and female, and by their incantations,
charms, and conjurings, and by other abominable superstitions and sortileges,
offences, crimes, and misdeeds, ruin and cause to perish the offspring of I
women, the foal of animals, the products of the earth, the grapes of vines, and
the fruits of trees, as well as men and women, cattle and flocks and herds and
animals of every kind, vineyards also and 01rchards, meadows, pastnres, harvests,
grains and other fruits of the earth; that they afflict and torture with dire pains
and anguish, both internal and external, these men, women, cattle, flocks, herds,
T"he Magician, the Witch, and the Law 171
-
and animals, and hinder men from begetting and women from conceiving, and
prevent all consummation of marriage; that, moreover, they deny with sacrilegi
ous lips the faith they received in holy baptism; and that, at the instigation of
the enemy of mankind, they do not fear to commit -and perpetrate many other
abominable offences and crimes, at the risk of their own souls, to the insult of
the divine majesty and to the pernicious example and scandal of multitudes.
And, although our beloved sons Henricus Institoris and Jacobus Sprenger, of
the order of Friars Preachers, professors of theology, have been and still are
deputed by our apostolic letters as inquisitors of heretical pravity, the former
in the aforesaid parts of upper Germany, including the provinces, cities, terri
tories, dioceses, and other places a�-above, and the latter throughout certain
parts of the course of the Rhine; nevertheless certain of the clergy and of the
laity of those parts, seeking to be wise above what is fitting, because in the said
letter of deputation the aforesaid provinces, cities, dioceses, territories, and
other places, and the persons and offences in question were not individually
and specifically named, do not blush obstinately to assert that these are not at
all included in the said parts and that therefore it is illicit for the aforesaid
inquisitors to exercise their office of inquisition in the provinces, cities, dio
ceses, territories, and other places aforesaid, and that they ought not to be
permitted to proceed to the punishment, imprisonment, and correction of the
aforesaid persons for the offences and crimes above named. vVherefore in the
provinces, cities, dioceses, territories, and places aforesaid such offences and
crimes, not without evident damage to their souls and risk of eternal salvation,
go unpunished.
We therefore, desiring, as is our duty, to remove all impediments by which
in any way the said inquisitors are hindered in the exercise of their office, and
to prevent the taint of heretical pravity and of other like evils from spreading
their infection to the ruin of otJ1ers who are innocent, the zeal of religion
especially impelling us, in order that the provinces, cities, dioceses, territories,
and places aforesaid in the said parts of upper Germany may not be deprived
of the office of inquisition which is their due, do hereby decree, by virtue of
our apostolic authority, that it shall be permitted to the said inquisitors in these
regions to exercise their office of inquisition and to proceed to the correction,
imprisonment, and punishment of the aforesaid persons for their said offences
and crimes, in all respects and altogether precisely as if the provinces, cities,
territories, places, persons, and offences aforesaid were expressly named in the
said letter. And, for the greater sureness, extending the said letter and deputa
tion to the provinces, cities, dioceses, territories, places, persons, and crimes
aforesaid, we grant to the said inquisitors that they or either of them, joining
with them our beloved son Johannes Gremper, cleric of the diocese of Con
stance, master of arts, their present notary, or any other notary public who by
them or by either of them shall have been temporarily delegated in the
provinces, cities, dioceses, territories, and places aforesaid, may exercise against
all persons, of whatsoever condition and rank, the said office of inquisition,
correcting, imprisoning, punishing, and chastising, according to their deserts,
those persons whom they shaJI find guilty as aforesaid.
---
172 The Magician, the Witch, and the Law
And they shall also have full and entire liberty to propound and preach to
the faithful the word of God, as often a1 s it shall seem to them fitting and
proper, in each and all the parish churche:s in the said provinces, and to do all
things necessary and suitable under the aforesaid circumstances, and likewise
freely and fully to carry them out.
And moreover we enjoin by apostolic writ on our venerable brother, the
Bishop of Strasburg, that, either in his own person or through some other or
others solemnly publishing the foregoing wherever, whenever, and how often
soever he may deem expedient or by these inquisitors or either of them may be
legitimately required, he permit them not to be molested or hindered in any
manner whatsoever by any authority whatsoever in the matter of the aforesaid
and of this present letter, threatening all opposers, hinderers, contradictors,
and rebels, of whatever rank, state, decree, eminence, nobility, excellence, or
condition they may be, and whatever privilege of exemption they may enjoy,
with excommunication, suspension, interdict, and other still more terrible sen
tences, censures, and penalties, as may be, expedient, and this without appeal
and with power after due process of law of aggravating and reaggravating
these penalties, by our authority, as often as may be necessary, to this end
calling in the aid, if need be, of the secular arm.
And this, all other apostolic decrees al'.ld earlier decisions to the contrary
notwithstanding; or if to any, jointly or severally, there has been granted by
this apostolic see exemption from interdict, suspension, or excommunication, by
apostolic letters not making entire, express, and literal mention of the said grant
of exemption; or if there exist any other indulgence whatsoever, general or
special, of whatsoever tenor, by failure to name which or to insert it bodily in
the present letter the carrying out of this p,rivilege could be hindered or in any
way put off,- or any of whose whole tenor special mention must be made in
our letters. Let no man, therefore, dare to ii nfringe this page of our declaration,
extension, grant, and mandate, or with rash hardihood to contradict it. If any
presume to attempt this, let him know that he incurs the wrath of almighty
God and of the blessed apostles Peter and Paul.
Given in Rome, at St. Peter's, in the year of Our Lord's incarnation 1484,
on the nones of December, in the first year of our pontificate.45
When Summis desiderantes is read ini the light of earlier papal letters,
such as those of Eugenius IV and John XXII cited above, and still others
printed by Hansen, it is clear that Innocent VIII has propounded nothing I
new in his letter. More than half the text is devoted to the vexing prob
lem of local opposition to papal inquisitors; the first part speaks only of
persons forsaking the Catholic faith, making pacts with devils, and
thereby gaining the power to injure human beings. Despite Trevor
Roper's energetic but misguided atter:npt to demonstrate that in this
document "a general mandate was given, or implied [for persecuting and
burning witches]," there is no such mandate given or implied in the text,
and Innocent VIII's idea of the sinners he was describing was virtually
identical with those of his predecessors. By itself, Summis desid.erantes
p
The Magician, the Witch, and the Law
would have constituted an interesting but routine papal letter in the1
173
witchcraft, one is forced to reiterate the suggestion made above, that the
pact, the arcane skills, and the injury to humans are the fundamental
elements of learned ideas of witchcralft. Other aspects of the witches'
activities, including night-flight, and the elements cited by Russell, were '
drawn in to the figure of the witch late:r and do not constitute an essen
tial part of her activities, at least as far _as the theology and Jaw of the
fifteenth century is concerned. And the fundamental crimes of the witch,
seen in this light, are virtually identical with those of the earlier magician.
The social mechanisms that led a,ccusers, inquisitors, and secular
magistrates . to institute the great perst�cutions after the middle of the
sixteenth century are phenomena of the sixteenth century and have no
bearing upon those mechanisms that led accusers to charge magicians in
the thirteenth, fourteenth, and fifteenth centuries. The later social struc
ture of the persecutions has begun to be studied in the important works
of MacFarlane, Midelfort, and Monter, and it is beyond the scope of this
book. Those new social pressures, ho,wever, were encountered by a
f
The Magician, the Witch, and the Law
fonnidable body of hostility to supernatural powers. However character1s
175
NOTES
1. See above, Chapter 4. The best recent study, one that has greatly in
formed the following pages, is Beryl Smallley, "\I\Tilliam of Auvergne, John of
La Rochelle and St. Thomas Aquinas on the: Old Law," in St. Thomas Aquinas,
1274-1974, Commemorative Studies, 2 vols:. (Toronto, 1974), 2:11-72.
p
The Magician, the Witch, and the Law 177
2. There is a large literature on this subject, from H. C. Lea, A History of
the Inquisition in the Middle Ages, 3 vols. (Philadelphia, 1887) to Henri
Maisor.neuve, Etudes sur les origines de l'inquisition, 2nd ed. (Paris, 1960),
esp. pp. 243-366.
3. See P. Michaud-Quantin, "A propos des premiers Summae confessorum,"
Recherches de theologie ancienne et medievale 26 ( 1959) : 264-306, and most
recently and magisterially, Leonard E. Boyle, 0. P., "The Summa Confessorum
of John of Freiburg and the Popularization of the Moral Teaching of St.
Thomas and of Some of His Contemporaries," in St. Thomas Aquinas, 1274-
1974, Commemorative Studies, 2 vols. (Toronto, 1974), 2:245-68; see also
P. Michaurl-Quantin, Sommes de casµistique et manuels de confession au moyen
age, du Xlle au XV!e siecle (Louvain, 1962). I have used the edition of
Augsburg, 1476, for the text of John of Freiburg's Summa Confessorum dis
cussed here. See also the discussion by Thomas Tentler, Leonard Boyle, and
others in C. Trinkhaus and H. Oberman, eds., The Pursuit of Holiness in Late
Medieval and Renaissance Religion (Leiden, 1974 ) , pp. 103-40.
4. For this discussion I have used the Venice, 1586 edition of Bromyard's
Summa Praedicantium. For the date, see Leonard E. Boyle, 0. P., "The Date
of the Summa Praedicantium of John Bromyard," Speculum 48 ( 1973 ) : 533-
37. Besides Th.-M. Charland, Artes Praedicandi (Paris-Ottowa, 1936), see the
works of G. R. Owst, Preaching in Medieval England (Cambridge, 1926) and
Literature and Pulpit in Medieval England (Cambridge, 1933 ) . The most r e
cent contribution to the discussion of the influence of sermons on literature is
Siegfried Wenzel, "Chaucer and the Language of Contemporary Preaching,"
Studies in Philology 73 ( 1976 ) : 138-61.
5. It is important to point out that Bromyard here is not simply echoing the
earlier humanist antifeminism of John of Salisbury and other twelfth-century
moralists, but rather reflects the new and much more virulent antifeminism of r
the later Middle Ages, an element of immense importance in the later develop
ment of the witch-figme. Bromyard was, of course, not alone. In Nicholas of
Lyra's vast Postillae, the most popular biblical commentary of the later Middle
Ages, written in the first half of the fourteenth century, the author in his com�
ment on Exodus 22: 18 emphatically corrects the vulgate Latin term maleficos,
noting that the Hebrew term is feminine and that the term should be under
stood sortilegam. I have used the Basel, 1501 edition of the Postillae, printed
with the glossa ordinaria and the interlinear gloss, vol I, fol. 170v. See The
Cambridge History of the Bible, ed. G. W. H. Lampe, vol. 2 ( Cambridge,
1969), pp. 155-308, esp. 197-220.
6. The text of the conclusio may be found in the Chartularium universitatis
Parisiensis, ed. H. Denifle and A. Chatelain, Vol. 4 (Paris, 1897), no. 1749, pp.
32-36. For Gerson, see Jean Gerson, Oeuvres completes, vol. 10 (Paris, 1973),
pp. 77-90; Lynn Thorndike, History of Magic and Experimental Science (New
York, 1923-58) , 4:114-31.
7. See Margaret Harvey, "Papal Witchcraft: The Charges airainst Benedict
XIII," in Sanctity and Secularity: The Church and the World, Studies in
Church History, ed. Derek Baker, vol. 10 (Oxford, 1973) , pp. 109-16.
8. See Thorndike, History, 4: 114-31, for a discussion of all of Gerson's works
178 The Magician, the Witch, and the Law
on magic and astrology. Vol. 10 of the Oeuvres completes prints the relevant
texts on pp. 73-143. In addition, see D. G. Wayman, "The Chancellor and
Jeanne d'Arc. February - July, A. D. 142'9," Franciscan Studies 17 (1957):
273-303.
9. Joseph Hansen, Quellen und Untersuchtmgen zur Geschichte des Hexen
wahns und der Hexenverfolgung im Mittelalter (Bonn, 1901), pp. 17-18. In
general, Hansen's collection of excerpts from papal bulls, pp. 1-37, should be
consulted.
10. Johann Huizinga, The Waning of the Muldk Ages (reprint ed., New
York, n.d. ) , p. 199. See the similar remarks concerning Jacopo Passavanti in
Millard Meiss, Painting in Florence and Siena after the Black Death (New
York, 1964), pp. 74-104.
11. Hansen, Quelkn, pp. 71-82.
12. Ibid., pp. 105-9.
13. Ibid., pp. 195-200.
14. Ibid., pp. 227-31.
15. Ibid., pp. 208-12.
16. Hansen, Quellen, 112-18. Turrecremata was a theologian writing on
canon Jaw, but he appears to have been generally well-informed on recent
canonist thought.
17. See Henri Maisonneuve, Etudes sur les origines de l'inquisition (Paris,
1960) and the Introduction, by Walter Ullmann, to Henry Charles Lea, The
Inquisition of the Middle Ages: lts Organization and Operation (New York,
1969).
18. "II Tractatus Criminum" in Hermann Kantorowicz, Rechtshistorische
Schriften (Karlsruhe, 1970), pp. 273-86; Carlo Calisse, A HiJtory of Italian
Law ( Boston, 1928), pp. 400-32; A. Pertil, e, Storia del Diritto Italiano, vol. 5,
Storia del Diritto Penale, 2nd ed. (Bologna, 1966), esp. pp. 434-62; G. Dahm,
Das Strafrecht Italiens im ausgehenden Mittelalter (Berlin, 1931); R. His, Das
Strafrecht der deutschen Mittelalter (Weimar, 1935) vol. 2, 5, 27 on secular
magistrates' authority to punish blasphemy and sorcery.
19. See the references below, Appendix U, and W. Engelmann, Die Wieder
geburt der Rechtskultur in Italien (Leipzig, 1939); Hans von Hentig, Die
Strafe, vol. 1 ( Berlin, 1954).
20. Ullmann, Introduction to Lea, Inquisition, p. 42, citing the Liber Sextus
5, 2. 8.; H. C. Lea, Materials Toward a History of Witchcraft, ed. and comp.
Arthur Howland (Philadelphia, 1938), l : 244-45; 2:648. The crimen except-um
is an important category of legal thought in itself and important, also, in its
role as part of the early European legal legacy to modem states. The notion of
a crime, or category of crimes, that is at on, ce so horrendous and so threatening
to the state that the mere accusation susjpends normal legal procedure and
institutes special procedures, has never been studied. Its relation to the crimen
magiae is only one part of its long and complex history. See Norman Cohn,
Europe's Inner Demons (New York, 1975), pp. 229, 253.
21. Only two of the many scholars who have studied the problem of witch
craft have attempted to consider the semantic history of the term ma'leficium:
The Magician, the Witch, and the Law 179
Cohn, Europe's Inner Demons; Robert-Leon Wagner, "Sorcier" et "magicien"
Contribution a fhistoire du vocabulaire de la magie (Paris, 1939). Although
both works are important, neither is conclusive on this point.
22. See below, Appendix II. '
23. Many texts are cited, not always systematically or completely, in Lea,
Materials, and Hansen, Quellen. See also Lea's History of the Inquisition.
24. For two unrelated examples, see Robert E. Lerner, The Heresy of the
Free Spirit in the Later Middle Ages (Berkeley and Los Angeles, 1972), and
Penn R. Szittya, "The Antifratemal Tradition in Middle English Literature,"
Speculum 52 ( 1977 ) : 287-313.
25. Monumenta Germaniae HistQrlca, Epistolae saeculi Xlll e regestis Ponti
ficum Romanorum, vol. 1, p. 435.
26. Cohn, Europe's Inner Demons, pp. 266-67, cites the standard bibliogra
phy on Konrad von Marburg. It has not been emphasized enough, however,
that Konrad's own spiritual career generated a view of demonology that greatly
influenced Gregory IX and other thirteenth-century writers.
27. S. Kuttner, "Ecclesia de occultis non judicat," Acta Congressus luridici
Jnternationalis VII Saeculo a Decretalibus Gregorii IX, vol. 3 ( Rome, 1936),
225-46. Kuttner does not go beyond the early thirteenth century, but his study
shows the considerable change that traditional canonist thought would have to
undergo.
28. Maisonneuve, Etudes, p. 259.
29. Hansen, Quellen, pp. 122-23; 145-49.
30. Richard Kieckhefer, European Witch Trials: Their Foundation in Popu
lar and Learned Culture, 1300-1500 (London, 1976), pp. 106-47. This very
valuable compilation of known trials touching on magic and witchcraft be
tween 1300 and 1500 permits the historian to easily locate a vast number of
cases and to check the data supporting each. In my investigation of Kieck
hefer's table, it seems to me that all of the trials deal with what can justly be
called sorcery and was probably understood in traditional contexts by the
judges. On the growth of lawyers, magistrates and judges as an influential
group in early modem culture, see William J. Bouwsma, "Lawyers and Early
Modem Culture," American Hfa1orical Review 18 ( 1973) :303-27.
31. The Beld of learned magic has been considerably illuminated in recent
years with the appearance of a number of works of high quality and great
intelligence: Frances Yates, Giordano Bruno and the Hermetic Tradition (Lon
don, 1964); E. Garin, "Considerazioni sulla magia," and "Magia ed astrologia
nella cultura del Rinascimento," both in Garin, Medioevo e Rinascimento (Bari,
1961), the second having been. translated into English as "Magic and Astrology
in the Civilization of the Renaissance," in E. Garin, Science and Civic Life in -
the Italian Renaissance, trans. Peter Munz (New York, 1969 ) , pp. 145-65;
D. P. Walker, Spiritual and Demonic Magic From Ficino to Campanella
(London, 1958; reprint ed., Notre Dame, Ind., 1975). A very learned and
neglected text is C. S. Lewis, English Literature in the Sixteenth Century, Ex
cluding Drama, Oxford History of English Literature ( Oxford, 1954), Intro
duction, "New Leaming and New Ignorance," pp. 1-65. Thorndike, History,
180 The Magician, the Witch, and the Law
vols. 4 and 5, are still indispensable. Wayni e Schumacher, The Occult Sciences
in the Renaissance ( Berkeley and Los Ang:eles, 1972) is less reliable than the
foregoing works. On Ficino, see Paola Zambelli, "Platone, Ficino e la Magia,"
in Studia Humanitatis. Ernesto Grassi zum 70. Geburtstag, eds. E. Hora and
E. Kessler (Munich, 1973), pp. 121-42.
32. "Magic and Astrology," trans. Munz,. p. 149. As I suggest below, others'
perceptions of Ficino's new magic did no,t represent a break with medieval
views. See also Will-Erich Peuckert, Pansop.hie (Berlin, 1956).
33. Ibid., p. 153.
34. See P. M. Rattansi, "Alchemy and Natural Magic in Raleigh's History
of the World," Ambix 13 ( 1965): 122-38. Rattansi's highly suggestive theory )
that magic was condemned by Aristotelians and promoted by Platonists has ·
been taken rather uncritically by recent historians; Platonic condemnations o�
magic, through Augustine and Hugh of St t. Victor, formed the basis of later
medieval and renaissance attitudes, as has been shown above.
35. Walker, Ficino Campanella, pp. 85-1'. 26.
36. Ibid., pp. 146-52; Peter Burke, "Wiitchcraft and Magic in Renaissance
Italy: Gianfrancesco Pico and His Strix," iin The Damned Art: Essays in the �
Literature of Witchcraft, ed. S. Anglo ( London, 1977), pp. 32-52; Gene
Brucker, "Sorcery in Early Renaissance Florence," Studies in the Renaissance ../
10 ( 1963): 7-24. The history of prosecutions for magic and, later, witchcraft,
in Italy in the fifteenth and early sixteenth centuries has, on the whole, been
neglected by historians of witchcraft. The works cited here constitute an ex
ception. The urbanized life of Italy, the considerable development of criminal
law in the secular courts, and the general learning of Italian theologians and
inquisitors such as Bernard of Como anid the layman Paulus G1illandus,
strongly suggest that the conceptual framework of magic included later witch
craft. The contribution of humanism has yet to be assessed.
37. "Witchcraft and Religion in Sixteentlh-Century Germany: the Formation
and Consequences of an Orthodoxy," Arc.hiv fur Reformationsgeschichte 62
(1971 ) : 266-78; see also Midelfort's splendid study Witch-hunting in South
western Germany, 1562-1684: The Social and Intellectual Foundations (Stan
ford, 1972).
38. Most recently, see Christopher Baxt.er, "Johann Weyer's De Praestigiis
Daemonum: Unsystematic Psychopathology," in Anglo, ed., The Damned Art,
pp. 53-75.
39. Walker, Ficino to Campanella, p. 144 (cf., 144-88). The search for a
"nonmagical" Christianity has not been extensively considered by historians of
the sixteenth century.
40. Ibid., pp. 171-78; Ursula Lange, Untersuchungen zur Bodins Demonoma
nie (Frankfurt, 1970); Christopher Baxter, "Jean Bodin's De la Demonomanie ,
des Sorciers: The Logic of Persecution," in Anglo, ed., The Damned Art, PP· !
76-105.
41. Walker, Ficino to Campanella, pp. 178-89; Henri Busson, Litterature et
theologie (Paris, 1962), pp. 9-32. Del Rio is an interesting thinker whose life
and work have been insufficiently studied.
The Magician, the Witch, and the Law 181
42. Most recently, in his Introduction to Witchcraft: Catalogue of the Witch
craft Collection in Cornell University Library (Millwood, N.Y., 1977), pp.
xvii-xviii. See also Jeffrey Russell, Witchcraft in the Middle Ages (Ithaca,
1972). •
43. Dorothy Bethurum, The Homilies of Wulfstan (Oxford, 1957), p. 273;
see also Dorothy Whitelock, Sermo Lupi ad Anglos ( London, 1952). I am
grateful to Malcolm Parkes for this reference.
44. F. N. Robinson, ed., The Works of Geoffrey Chaucer (Boston, 1957),
p. 89.
45. Trans. G. L. Burr, rP-printed in Kors and Peters, Witchcraft in Europe,
pp. 107-12.
46. Russell, Witchcraft, p. 232; Hansen, Quellen, pp. 360-407.
47. Russell, Witchcraft, p. 232.
Appendix I
Resfragilis:
Torture in Early European Law
I.
183
r
184
Compurgation, the judicial duel, andl the ordeal all belonged, as Lea
Appendix 1
well knew, to a universe of legal and social ideas that had come under
heavy attack and was largely destroyed, at least in the judicial sphere,
during the late twelfth and early thirteenth centuries.' Judicial torture,
however, belonged to a new order of jurisprudence, one whose disap
pearance from the lawbooks of European and American societies was not
complete itself until the nineteenth century, and many of whose traces
still constitute the bases of substantive and procedural law in modern
societies. Lea wrote with the conn.dent assurance that torture, like the
duel and the ordeal, had nnally vanished from the world, although he
also noted, as have other scholars, the ambiguous place of judicial tor
ture in the rational legal universe of early modern Europe. In the history
of western law, torture plays a role th:at seems to echo at once both a
remote and archaic legal universe and, in the decades since Lea's death
in 1909, an appallingly contemporary one. The earliest protests against
judicial torture in the modern world came from the Italian jurists of the
thirteenth century. Two of the most eloquent, immediate, and recent pro
tests come from the French jurist Alec Mellor and the philosopher Jean
Paul Sartre.
A succinct explanation of the appeairance of torture in the courts of
thirteenth-century Europe was provided in 1892 in an address given by
2
From this formal species of proof [duel, ordeal, and compurgationJ men pass
to a matter-of-fact species of proof, according as their reasoning powers grow
stronger and their appliances for the rational discovery of truth become more
and more available in the domain of justice. In this passage of the human race
from a ceremonial and formal species of negative proof to a rationalistic and
substantive species of positive proof, the method of proof by the intervention
of torture occupies a place which may he described as a sort of "half-way
house" situate between these two typical and distinctive forms of judicial
procedure.3
Welling belonged to Lea's generation and shared Lea's belief that his
world had seen the end of judicial torture-one of the best intentioned
and least securely founded beliefs of that optimistic generation. Accord
ing to Lea and Welling, judicial torture constitutes a kind of bridge b e
tween irrational and rational legal universes, a significant, if repugnant,
step in that process by means of which rules of evidence, the authority of
judicial enquiry, and the extention of legal reasoning came to constitute
a great humanizing force in the conflict between the underlying principles
of social organization and the momentary, but terrible, exigencies of
social fear. Lea and Welling both knew also that judicial torture had
been used long before the Middle Ages in far more sophisticated systems
of jurisprudence, and our own time has witnessed its vigorous resurgence.
Appendix 1 185
In Greek and Roman law, torture wa:, contingent upon two conditions:
unfree personal status and particularly heinous crimes. Slaves could
legally be tortured because they did not possess legal personality and the
responsibility of free men. In cases of paLrticularly significant crimes, espe
cially treason, even free men appear to have been generally immune from
torture until the end of the first century of the Roman Empire. In spite
of the revolting detail in which Suetonius describes the penchant for tor
ture on the part of several first-century emperors, particularly Tiberius,
Caligula, and Domitian, judicial torture did not make inroads into crim
inal procedure, except for cases of treason, until the second and third
centuries A.D.• The increased and more precisely focussed authority of the
state, the wider role of imperial officiials in the conduct of civil and
criminal cases, and the absorption of Roman jurisprudence and legal edu
cation into the administrative bureaucracy of the Empire, all contributed
to the new role of judicial torture. A new usage of procedural terms, in
which, for example, the old term for the interrogation of witnesses,
quaestio, became synonymous with torture ( hence, the Medieval Latin
quaestio and Old French question, both of which mean torture) as torture
became a normal part of the interrogation of both the accused and wit
nesses, reflects these profound changes in procedural law. By the fourth
century, torture had become a standard element in criminal procedure,
and . the circle of heinous crimes for which even the upper level of free.
men, the honestiores, might be tortured widened perceptibly to include
sorcery and other crimes. With the publication of the Theodosian Code
in 438 and the Corpus Juris Civilis , of Justinian in 534, tormentum,
originally an aggravated sentence of death, was used interchangibly with
tortura and quaestio. The torturers, the, tortor and quaesitor, were legal
officials, and the standard definition of quaestio became that of the jurist
Ulpian as embodied in the Digest of Justinian: "Quaestio should be
understood to mean the torment and suffering of the body in order to
elicit the truth."6
The new legal universe of the Romain Latin West after the sixth cen
tury generally reduced the place torture had attained in Roman law.
Although many of the law codes of the Germanic kingdoms of Europe
retained some traces of the Roman law of torture, particularly in the
cases of slaves, but occasionally, as in Visigothic Spain, in the cases of
free men as well, the concept of legal personality in these Germanic laws
generally prevented free warriors from being subjected to torture, or,
indeed, to any judicial process remotely resembling a modern trial. The
ubiquity of the accusatolial procedure, according to which the outcome
of a case depended more upon an outright denial of charges or a resort
to the judicial duel, compurgation, or the ordeal, considerably restricted
Appendix ] 187
the freedom of the judge to asce1tain fact, the compulsory power of the
public order, and the diminution of personal public status. From the
seventh through the twelfth centuries, men might challenge the truth of
each other's accusations in a duly constituted court by offering the oath
of innocence, sometimes suppo1ted by the oaths of others ( compurgation) ,
o r they might reject a n accusation by submitting, or having someone else
submit on their behalf, to one form or another of the ordeal, or they
might offer to fight a judicial duel. But no court could counten�nce the
possibility of torturing a free man. Slaves, serfs, and strangers might still
be tortured, but this was precisely because they lacked what free men
had: a specific legal status, a kindred, and an immunity from all but the
first accusatorial step in the judicial process.
The history of European law from the seventh through the twelfth
centuries is in large part the history of the transformation of this par
ticularized and limited role of judicial procedure. In the lapidary phrase
of Sir Henry Maine, it witnesses the transformation in law from "status
to contract," and it includes not only a legal revolution, but a new theol
ogy and new concepts of the social bond as well. As Lea points out, the
legal universe of the period 600-1200 was largely irrational; that is,
disabled from inquiring except by the most limited and rigid procedures
into the full dimensions of a legal offense, courts at the last resort relied
upon divine intervention to determine issues that the personal status of
the accuser and the accused made impossible to settle by any other form.
Judicial procedure is, of course, a form of social control, and the legal
procedures of this period were consonant with the social conceptions of
early medieval society. The status of individuals and the limitations upon
judicial procedure, as much as the concept of immanent justice, shored
up the courts of early medieval Europe.
In the course of the eleventh and twelfth centuries, the forces that had
sustained this legal universe were themselves transformed. The intellectual
and political attacks upon the ordeal and the judicial duel grew stronger
as new ideas of legal bonds drove out older ideas.6 The revival of Roman
law studies in the eleventh and twelfth centuries led to new conceptions
of the role of law in society at the same time as a new interest in Roman
antiquity gave rise to new influences in historiography, literature, and
the visual arts. The social dimension of the "Renaissance of the Twelfth
Century"-in terms of both social theory and social institutions-has
often been slighted in favor of the traditional approach of the history of
ideas. Yet it is hardly too much to say that the period between 1050 and
1250 witnessed not as the least influential of its many transformations a
legal revolution, the detailed history of which constituted an indispensible
commentary upon other profound changes in European society. The ap-
188 Appendix 1
pearance of new judicial procedures, the growth and activity of new
ecclesiastical and secular courts, the changed character and the distribu
tion of legal education and the concurrent growth of a new legal litera
ture, and the broadened spectrum of careers open to those trained in the
law all constituted part of this revolution, and both the social and in
tellectual changes of this period constitute the backdrop of the reap
pearance of torture in the courts of the thirteenth century.
III.
in the last analysis it was the needs of criminal practice and new principles for
the pursuit of criminals that were responsible for the reappearance of torture
in Europe, and not the revival of Roman legal studies. lt seems that the re
newal of Roman law and the reception of toriture in ecclesiastical practice were
both to the revival of Roman legal studies and the ecclesiastical Inquisi
tion, that it is necessary to clarify the origi111s of torture in early thirteenth
century criminal procedure.
Besides the accusatorial process, there were other specialized judicial
proceduxes in pre-twelfth-century Europe., although these were often not
widely used or were suitable only for particular sets of circumstances. In
certain circumstances, as early as the ninth century, a category of ma.la
fama, ill-repute, existed in the Carolingian courts, and anyone in this
category might be condemned by a judge if he refused to exculpate him
self by oath or by ordeal. Also in the nirnth century, a notorious offense
could be prosecuted by the judge without an accuser, and by the twelfth
century the necessity of an accuser could be dispensed with in cases in-
Appendix 1
volving infamia. As a later lawyer remarked, "In the inquisitorial process,
189
the judge himself does not take the part of the accuser, but infamia
stands in the place of the accuser or denouncer." Such phenomena as the
episcopal visitation to the ecclesiastical institutions of a diocese jn canon
Jaw and the visitation of royal judicial representatives to a district in
secular law both established the requirement that the inhabitants of such
places were obliged to inform the proper authorities of crimes committed
since the last visitation. In ecclesiastical and secular terms, this practice
was known as the denunciatio, and some writers linked it to several
scriptural and patristic references#_to social correction in early Christian
communities.8 Because of the enduring idea that only a charge brought by
an accuser was a complete charge, convictions under these forerunners
of the inquisitorial process tended to result in lighter penalties, and in
some cases authorities required a full confession from the accused in
addition to conviction by inquisitio in order that a full penalty might be
imposed. Out of these specialized and tentative beginnings, there emerged
by the twelfth century a consensus that in certain kinds of cases another
procedure than the accusatorial might be used, one which eventually
placed considerably greater latitude and power in the hands of the judge
than the older procedure, one which dispensed with the trnditional accu
ser and substituted either a denouncer ( who might have to furnish
proof), or, eventually, a court official, the promotor, who formally made
charges. Even during these changes, however, some traditional rights of
the accused remained relatively undisturbed: he might be informed of
the names and the evidence of witnesses and examine them and refute
their testimony himslf; he was not yet subject to torture; he might have
the aid of counsel, and although all his testimony had to be given under
oath, another novelty, courts generally conducted such hearings warily.
The most significant aspect of the inquisitorial procedure was the
elimination of the necessity of the liable accuser and the increased lati
tude and power of the courts and of the authorities they represented.
Human agency, rather than supernatural, was responsible for investigat
ing the truth or falsehood of an accusation, and the increased judicial
liability that had been traditional in ecclesiastical communities now be
came a presupposition of secular communities as well. The overriding
need to protect the public order and to punish crime constituted the
background for the adaption of the earlier inquisitorial procedures to new
social uses. From the experiences of the notorious heretic, the offending
member of a religious community, and the ill-famed villager, a new
judicial procedure had been shaped that gave great power to the judicial
authorities and imposed a new kind of liability upon the accused.
That liability and that power did not develop everywhere in the
twelfth century in quite the same way. As Maitland has pointed out,
what is peculiar to England is not the dissatisfaction with waged "laws" and
190 Appendix l
Nor, it must be said, were all of the later repugnant features of the
inquisitorial process immediately clear, either to churchmen or to French
jurists, in the course of the twelfth century. The inquisitorial procedure
offered what to a modem litigant wouild seem very familiar and ac
ceptable: avoidance of rigid and excessively formalized charges; an air
ing of testimony and a weighing of evi,dence, with opportunity for re
buttal, that was unavailable under the accusatorial process in its eleventh
and twelfth-century forms; the possibility of a trained judge who might
act equitably in establishing procedure and weighing intangibles. At its
outset in the twelfth century, at least, irnquisitorial procedure seemed to
reflect precisely that increased reliance upon reason, conscience, and a
broadened concept of the social order that historians have otherwise
praised in other aspects of the life of the period.
What caused the inquisitorial process which, in spite of Maitland's
disclaimer for England, might have remained simply a new procedure
giving the court greater investigatory powers, first, to admit torture, and
second, to produce the well-documented! procedural abuses of the thir
teenth and fourteenth centuries? The sha1 !'pcned concept of treason in the
twelfth century and the thirteenth-century concept of heresy as a kind of
treason to God certainly constituted opportunities for the laws of treason
in Roman jurisprudence to be invoked once again, although in England
those suspected of treason were probabUy not tortured-and even then
rather by orders of the monarch or of Council-until the sixteenth ceii
tury.10 Van Caenegem's suggestion that the reappearance of torture is
attributable to new concepts of criminal! law has much to offer. For it
was not the heretic who was the first to be to1tured in the Italian laws of
the early thirteenth century, but the notorious criminal. Torture was first
used in the treatment of criminals, particularly, it may be supposed, those
1 accused of concealed crimes in which the identity of the guilty party was
'I not immediately discernible, although strong suspicion of the accused,
based upon ill-repute, may well exist. It is but a short step from institut
ing torture for those strongly suspected of committing a crime to trying
those suspected of heresy, an offense much more heinous and more diffi-
Appendix 1 191
cult to prove. As Pope Innocent IV observed in 1252 when for the first
time he sanctioned the use of torture by the Inquisition, if torture is
appropriate for those who break the laws of men, then it is more than
fitting for those who break the laws of God. •
The twelfth century saw new outbreaks of heresy, and the newly reor
ganized Church attacked it in areas of society with which ecclesiastical
courts were generally unfamiliar. 11 The apparent magnitude of heretical
society, the new authority of the Church, and the problems of discover
ing intellectual crime generated considerable ecclesiastical and lay con
cern, and the new legal procedure ,,-of the inquisitorial process ( particu�
larly in cases in which accusers were often hard to find, or unwilling to
testify ) offered a judicial approach to the problem. The Inquisition, or,
technically, the Holy Office, took shape in the third quarter of the twelfth
century and the first half of the thirteenth. Its agents were members of
the new Orders, at first aiding, then growing independent of, the normal
diocesan jurisdiction. In their hands, which were not, at first, necessarily
the hands of trained lawyers, the inquisitorial procedure developed its
earliest oppressive features, the concealment of the identity of witnesses
and the content of evidence, the refusal of counsel, the demands to
identify accomplices, the admission of evidence from hitherto unsuitable
witnesses, and, in 1252 in the decretal Ad extirpanda, the introduction of
torture. Henceforth, the inquisitorial process became burdened with per
versions of rational procedure that exceeded the accusatorial system and
the ordeals at their worst. By the end of the thirteenth century articulate
Inquisitors such as Bernard Gui wrote learned and rational handbooks
describing and justifying Inquisitolial procedure, and Gui was followed
by Nicholas Eymeric and others, whose arguments were echoed in the
ecclesiastical literature of the fifteenth and sixteenth centuries and in the
literature of those secular courts which adopted both the inquisitorial
procedure and its excesses and produced its own learned analyses in the
sixteenth and seventeenth centuries.
Yet, in spite of perversion and excess and judicial incompetence, not all
manifestations of the inquisitorial procedure, even those which retained
torture, developed along lines identical to the ecclesiastical institution.
As Walter Ullman has shown, there quickly grew up a cautionary litera
ture concerning the excessive and improper use of torture almost as soon
as the institution of torture itself reappeared.12 Indeed, the lawyers them
selves appear to have been among the first and the severest critics of the
institution, and, by the sixteenth century, even the trained lawyers of the
Inquisition in Rome and Spain became suspicious of the efficacy of t o r
ture, long before such suspicions acquired enough weight i n the world of
secular jurisprudence to begin the process of eliminating torture in the
eighteenth and nineteenth centuries. By then, judicial torture and the
192 Appendix l
inquisitorial process had long been used to perform the same grisly
service for the monarchies of the sixteenth and seventeenth centuries that
they had performed for the Church in the thirteenth and fourteenth-the
enforcement of orthodox belief and conduct by a drastic curtailment of
traditional judicial liberties and the development of an infallible instru
ment for detecting concealed and forbidden intellectual forms of dissent,
from treason to witchcraft. 13
The history of judicial torture and of the legal procedures that afforded
opportunities for its appearance in thirteenth-century Europe is thus part
of a larger chapter in social and intellect1L1al history, as well as a topic of
concern to social scientists and jurists who may be more interested in its
twentieth-century manifestations than in .its Roman and medieval origins.
For the thirteenth-century lawyers who first cautioned against its random
use, torture was a res fragilis, a delicate matter, which, although ad
missible in certain instances, could easil)t abort the judicial processes it
was originally intended to serve. Those lawyers' warnings should not be
taken lightly, nor should their limited approval of its use so obscure the
humanitarian vision of twentieth-century investigators that they reject
both approval and criticism together. For torture was not, as the decades
since the publication of Lea's book have clearly shown, an histo1ical
aberration whose death knell was sounded, once and for all, by the
irresistible onset of the Age of Reason and the legislative enlightenment
of the states of Europe in the late eighteenth and early nineteenth cen
turies. The means of precise analysis offered by legal history and social
science ought not to be expended in describing the history of such insti
tutions as torture solely for the purpose of patronizing what Lea called
"the impatient intellect of a rude and semibarbarous age," but for study
ing those configurations of social forces tlhat permit, and then encourage,
such instruments of public power. Lynn White once remarked that "to
know the subliminal mind of a society, oJOe must study the sources of its
liturgies of inflicting death." There are many other social liturgies whose
14
sources require the same study, sources tlhat produced both the medieval
lawyers' reservations of the res fragilis and the enormities of the totali
tarian state. ' 5
NOTES
Nicholas Eymeric :
On Heresy, Magic , and
the Inquisitor
196
Appendix 2 197
second, posed thusly, is whether they are to be considered as heretics or
as those suspected of heresy.
other similar things. And they do these things in order to foresee the future
or penetrate to the innermost secrets of the heart. These people are guilty
of manifest heresy. And such magicians and diviners do not evade the
judgment of the Inquisitor, but are punished according to the laws per
taining to heretics.
The Forty-third question asks whether those who invoke demons, either
magicians or heretics or those suspected of heresy, are subject to the
judgment of the Inquisitor of heretics. . . .
2. It appears to the Inquisitors from the above-mentioned books and
to the demons. If, note well, the sacrifices to God according to the old and
the new law are considered, it is found there that these acts are true sacri
198 Appendix 2
.6.ces only when exhibited to God, and not t, o the demons. This, then, is the
case with the first category of those who invoke or speak on behalf of
demons. . . . And by this manner the priests used to invoke Baal, offering
their own blood and that of animals, as one reads in 4 Kings, 18.
3. Certain other invokers of demons show to the demons they invoke
not the honor of latria, but that of dulia, in that they insert in their wicked
prayers the names of demons along with those of the Blessed or the Saints,
making them mediators in their prayers heard by God. They bow down
before images of wax, worshipping God by their names or qualities. These
things and many other wretched things are found described in the afore
mentioned books in which the honor of ,dulia is shown to demons. If,
indeed, the means of praying to the Sainits which the Church has dili
gently instituted are considered, it will cle:arly be seen-that these prayers
are to be said, not to demons, but only to the Saints and the Blessed.
This, then, is the case of the second category of those who invoke demons.
And in this manner the Saracens invoke Mohammed as well as God and
the Saints and certain Beghards invoke Petrus Johannis and others con
demned by the Church.
4. Yet certain other invokers of demons make a certain kind of invoca
tion in which it does not appear clearly that the honor either of latria or
dulia is shown to the demons invoked, as, irn tracing a circle on the ground,
placing a child in the circle, setting a min·or, a sword, an amphora, or
something else in the way before the boy, holding their book of necro
mancy, reading it, and invoking the demon and other suchlike, as is taught
by that a1t and proved by the confessions of many. This, then, is the third
way of invoking demons. And by this means Saul invoked the spirit of the
python through the Pythoness. In Saul's iinvocation, it is seen, no honor
was done, neither dulia nor latria, as one reads in 1 Kings, 26.
It seems, therefore, that the means of invoking demons vary in three
ways. These conclusions pose in turn three cases or conclusions according
to which the invokers of demons ought to be distinguished from one
another in three ways.
5. First, the case or conclusion is that i:f the invokers of demons show
to the demons they invoke the honor of latria by whatever means and if
they are clearly and judicially convicted of this, or if they confess, then
they are to be held by the judgment of the: Church not as magicians, but
as heretics, and if they recant and abjure heresy they are to be perpetually
immmed as penitent heretics. If, however, they do not wish to desist or if
they say they wish to desist and repent but , do not wish to abjure, or if they
do abjure and afterwards relapse, they are to be relinquished to the secu
lar arm, punished by the ultimate torture according to all the canonical
sanctions which judge other heretics.
Appendix 2
This conclusion may be deduced in three ways: first from the sayings of
199
the saints and doctors of theology, second from the sayings of the doctors
of canon law, and third from the decisions of the Church.
First, from the sayings of the theologians, m:ssed St. Augustine in Book
10 of The City of God, speaking of sacrifices shown only to God and not
to Demons, says this: "We see that it is observed in each republic that
men honor the highest leader by a singular sign which, if it is offered to
someone else, would be the hateful crime of lese-majeste. And thus it is
written in the divine law under pain of death to those who offer divine
honors to others. Exterior deeds .are signs of interior deeds, just as spoken
words are the signs of things; we direct our voices signifying prayers or
praises to him, to whom we offer the same things in our hearts which we
say, so we know that in sacrificing a visible sacrifice is to be offered to
him to whom in our hearts we ought to offer ourselves as an invisible
sacrifice. . . ."
By these words Augustine shows clearly that such sacrifice ought to be
offered to God alone, and when it is offered to another than God, then by
that deed one shows oneself to believe that that person is higher than
God, which is heresy. Whoever, therefore, offers sacrifice to demons con
siders the demon as God and shows himself to believe the demon to be
the true God by offering external signs. By which deeds they are to be
considered heretics. . . .
Superstition is a vice opposed to the Christian religion or Christian wor
ship. Therefore, it is heresy in a Christian, and as a consequence those
who sacrifice to demons are to be considered heretics.
6. St. Thomas, in a commentary on Isaiah ( 1 Isaiah, 3 ) . . . poses the
question whether it is illicit to seek the future through augury, and at the
end of his commentary says, concerning demonology and what the demons
are able to know, that it is always a sin to inquire of them as well as an
apostasy from faith. As says Augustine, so says blessed Thomas.
The same St. Thomas [in his commentary to Peter Lombard's] Sentences,
in Book 2, distinctio 7, asks whether it is a sin to use the aid of a demon
and answers . . . that that which is beyond the faculties of human nature
is to be asked only of God, and, just as they gravely sin who, through the
cult of latria to an idol, impute that which is only God's to a creature of
God, so indeed do they gravely sin who implore the aid of a demon in
those things which are only to be asked of God. And in this way is seeing
into the future [to be considered] . . . .
7, Indeed, the same is to be said of other magicql works in which the
accomplishment of the task is anticipated by the :;i, d of the devil. In all
these there is apostasy from the faith because of the compact made with
the demon or because of a promise if the compact is already in existence
or by any other deed, even if sacrifice is not perfonned. Man may not
serve two masters, as says St. Matthew in Chapter 8, and St. Thomas.
200 Appendix 2
From these things it is shown clearly that to invoke and consult demons,
even without making sacrifice to them, is apostasy from the faith and, as
a consequence, heresy. It is much worse if a sacrifice is involved. . . .
Peter of Tarentaise, who later was Pop,e Innocent V, holds . . . that
although a man may be asked about a book which is lost, a demon may
not, because the demon, when asked about such things, will not respond
unless a pact is made with him, or illicit veneration, adjuration, or
invocation. . . .
8. Our conclusion is also proved by the sayings of the Canon
lawyers. . . .
Thirdly, our conclusion is also proved by the decisions of the Church.
Indeed, Causa XXVI q.5 c.[12] Episcopi says this: "Bishops and their
officials should labor with all their strength. . . .1
And from this it appears that those who shaie and exercise the magical
art are to be considered heretics and avoided. . . .
And from this it appears that the said evil women, persevering in their
wickedness, have departed from the right way and the faith and the devils
delude them. If, therefore, these same women, concerning whom it is not
contested that they offer sacrifices to the demons they invoke, are per
fidious and faithless and deviate from the right way as the said canon
from the Council of Ancyra makes clear, lthen, as a consequence, if they
have been baptized they are to be considered heretics; since for a Chris
tian to deviate from the right way and faith and to embrace infidelity is
properly to hereticize. How much more, then, are Christians, who show
the honor of latria to demons and sacrifice to the demons they invoke, to
be said and considered to be perfidious, deviants from the right way, and
Jaithless in the love of Christians, which is heresy-and by consequence
to be considered heretics? . . .
Indeed, the further a creature is separalted from divine perfection, the
greater the fault it is to show him the honor of latria. And since the
demons ( not on account of their nature, but on account of their guilt) are
the most separated from God of all creatuires, so much the worse is it to
adore them. And to number them among the Angels is wicked heresy.
Those who count Angels among the hereti ics show manifest heresy by so
counting them, adoring them, or by any way sacrificing to them. And as
a consequence, those who perpetuate this kind of wickedness are to be
judged as heretics by the Church.
9. The Constitution of Pope John XXII against magicians and magical
superstitions . . . .5
10. . . . Whoever invokes the aid of Mohammed, even if he does noth
ing else, falls into manifest heresy. So does anyone who in his honor con
structs an altar to him. In similar cases the same thing may be said of
Appendix2 201
invoking any demon, building him an altar, sacrificing to him, etc. These
are the acts of latria, which ought to be given only to God. . . .
11. In the second case the conclusion is th�t if those who invoke the
demons do not show to the demons they invoke the honor of !atria, but do
show them the honor of hyperdulia or that of dulia in the manner de
scribed before and have clearly confessed to this judicially or have been
convicted of it, such are to be considered by the judgment of the Church
not magicians, but heretics, and as a consequence if they recant and abjure
heresy they are to be perpetually immured as penitent heretics. If, how
ever, they do not recant, they ai'e to be treated as impenitent heretics;
likewise if they abjure and then relapse, they are to suffer punishment like
other heretics.
12. . . . Dulia may be expressed in two ways, or rather in two kinds of
case. The fiJ;st is as a sign of sanctity. This is the case of Abraham, Lot
[and others] . . . . This case is that of Angels and saints who are in the
heavenly fatherland and are adored by us and celebrated by the honor
of dulia.
13. The second case is a sign of governance, jurisdiction, and power.
This is the case with the prophet Nathan, and Bersabee the mother of
Solomon who adored David the King, as it says in 3 Kings, l. This is also
the case with Popes, Kings, and others who lawfully wield power, as vice
gerents of God in authority and rule. If, therefore, anyone should show to
them the honor of dulia then he shows himself to believe that person to
whom he displays the honor of dulia to be a saint and a friend of God, or
a governor or a rector duly constituted by God, and thus that God ought
to be honored in him, his vicar. Now when the honor of dulia is shown to
a saint, God is principally adored by the honor of [atria through the saint.
And when a Pope, King, or any other person who wields power is revered
by the honor of dulia, God is venerated by the honor of latria through his
Vicar. And thus by these kinds of honors which are shown to the saints
and to the rectors of the Church and to the princes of this world, it is not
themselves, but God in them who is principally venerated. Therefore,
showing the honor of clulia to a demon who has been invoked by these
means and by exterior actions, is to reveal oneself in heart and mind as
believing inwardly that the demon is above the saints and the friend of
God and is to be venerated as if saintly, or that he is above the rectors of
this world and the governors duly constituted by God and therefore is to
be revered as having jurisdiction and power. In both senses this is heretical
and perverse, since it is contrary to the holy scriptures and against the
decisions of the Church. The Demon is neither a saint nor the friend of
God, chiefly since he is obstinate in his sin and wickedness. Nor is he one
of God's governors in this world duly constituted, but he is the captured
slave, the falsifier and deceiver, as the sacred canons and all that we have
--
202 Appe11dix2
said above clearly shows. Therefore, those who are convicted of showing
the demon the honor of clulia are to be treated not as magicians, but as.
heretics. . . .
NOTES
203
--
the rationalist and the romantic. The rationalist attitude argued that
204 Appendix 3
their literary or social context and from a lack of contact with social and
anthropological theory. When new discipline� such as those discussed
above did become available from the early twentieth century on, they
usually avoided the controversial area of confessional argumentative schol
arship and turned toward the analysis of non-European societies, on the
one hand, or to problems of social and economic history and demography,
on the other. In spite of the promise and great intellectual power of the
work of Gabriel Le Bras, Marc Bloch, and Lucien Febvre, the investiga
tion of the cultural context of medieval and early modem religion had
acquired an unfashionable, almost unpleasantly exotic character which
still lingers in most general histories of the early European Church and
society. The rationalist model, perhaps best represented by the work of
George Lincoln Burr and by Henry Charles Lea's fragmentary and unfin
ished Materials toward a History of Witchcraft, painstakingly compiled
and edited by Arthur Howland and published in 1938, became virtually
sealed off from the new social history by its fundamental premises. How
ever Lea might have finished it if he had lived, it would have never be
come the authoritative masterpiece that his History of the Inquisition in
the Middle Ages became and remains. It is impossible to write an institu
tional history of witchcraft, and Lea's great failing in the Materials was
his inability to connect the materials from vastly diffuse sources into a
coherent historical explanation.
It was precisely in other disciplines that the most influential work began
to be done. The work of Bloch, Febvre, and many other historians opened
up the life of small early-European communities and their mental outlook
as dramatically as history has ever opened up anything. In 1937, the year
before Howland published Lea's Materials, the anthropologist E. E.
Evans-Pritchard published his own seminal study, Witchcraft, Magic, and
Oracles among the Azande, and from that date the results of anthropo
logical study have been incorporated into many studies of early European
witchcraft, notably those of Alan MacFarlane, Keith Thomas, and Jeffrey
Russell.2 The dialogue between historians and anthropologists has been
only one of several useful cross-disciplinary links that have offered the
historian of witchcraft new avenues to explore. Peter Brown's use of
Evans-Pritchard's approach has even cast new light on the problem of
sorcery in late imperial Rome.3 The study of social deviance and non
conformity, the confessional frontiers of Reformation and Counter-Refor
mation Europe, the psychology and the life mechanisms of small tradi
tional societies, all have been brought forth and offered as explanatory
strategies to account for what has become a complex and often madden
ingly vague subject.
Indeed, from the impoverished rigidity and narrowness of the early
rationalist approach and the devout vaguemess of the romantic approach,
206 Appendix 3
the field may now be said to suffer from a siurfeit of explanatory strategies,
each of which runs the risk of excessive generalization based upon a rela
tively slender or specialized data base arnd a limited methodology.• In
contrast to studies purporting to deal with what their authors designate
as a craze, delusion, mania, obsession, or aberration ( with their implicit
echoes of a monkish, scholastic, popish, or heretical theodicy ) , the recent
studies of witchcraft have, at their best, focused upon the social and p s y
chological reality of the practice of magic and witchcraft. Their authors
have properly assumed that such beliefs reflect, preserve, and reinforce a
society's larger beliefs about the world, andl they must be examined in the
context of a society's view of the world. Pe1rhaps the greatest achievement
of the scholarship of the last forty years is its refusal to isolate the study
of sorcery and related practices and beliefs from other beliefs and social
practices.
Although some of the particular generaliizations offered by anthropolo
gists concerning the universality of socie1tal concerns with sorcery and
witchcraft have come under recent criticism, the anthropologists' injunc
tion that these topics must be studied in the context of a society's whole
existence has been perhaps the single most influential theme in recent
witchcraft research. A second theme, dealt with in an increasing number
of studies, is the small community and the ]Place of witchcraft in its whole
life. The works of H. C. Erik Midelfort, Alam Macfarlane, and Emmanuel
LeRoy LaDurie are models of this kind of study.
In the light of these influences, not only have the older rationalist and
romantic approaches lost much of their intellectual attractiveness, but
other, less scholarly theories of witchcraft have been utterly confounded.
The fabrications and confections of Montague Summers and Margaret
Murray, however often even anthropologists have tried to touch up the
work of the latter, simply do not stand up t:o serious criticism. The denun
ciation of Murray's work, by C. L'Estrange Ewen and others, began when
she first began to publish it and has been echoed by Eliot Rose and vir
tually every other modern scholar in the Held. The work of Murray and
Summers now seems as remote as the ratio,nalist and romantic works of a
century ago. So too is the hasty theory, invented by Joseph Hansen and
pursued recently by no less sensible a historian than H. R. Trevor-Roper,
that witchcraft as it was conceived and prosecuted in the sixteenth and
seventeenth centuries originated in the mountainous regions of Europe
and was based upon inquisitors' and theologians' misunderstandings of
peasant lore and custom. There is no evidence to suggest a particularly
mountainous origin for the idea of witchcrrnft; in fact, there is considerable
evidence that witchcraft was as much an urban as a rural phenomenon.
One of the great advantages of H. R. Tirevor-Roper's essay, the "Euro-
Appendix 3 207
pean Witch-Craze of the Sixteenth and Seventeenth Centuries," was that
it forced the historians of the sixteenth and seventeenth centuries to look
at the whole of the periods they worked with, rather than neglecting the
witchcraft beliefs and prosecutions of men wf10m they admired for their
contributions to rationality. Although Trevor-Roper's essay is not particu
larly reliable when it deals with the period before 1550, it effectively and
eloquently forced witchcraft prosecutions upon the attentions of many
historians who otherwise might have continued to ignore them. In addi
tion to Trevor-Roper's work, the great Spanish scholar Julio Caro Baroja's
studies The World of the Wit<;bes and Vidas magias y inquisici6n, and
the massive, immensely learned, but idiosyncratic Encyclopedia of Magic
and Witchcraft by Rossell Hope Robbins all contributed to raising the /I
consciousness of historians to the point of being willing to treat witchcraft 'I
beliefs and prosecutions as legitimate objects of historical study. The work
of Robert Mandrou in France, a pupil of Febvre, and Raoul Manselli in
Italy also contributed to this new interest.
The first results of this new and serious concern with witchcraft were
the publications of Keith Thomas and Alan Macfarlane. The former deals
with the cultural world of sixteenth-century England; and the latter, with
a series of specific trial records of that time. H. C. Erik Midelfort's Witch
Hunting in Southwestern Germany, published in 1975, is also a masterful
study of a particular region, guided by a sound knowledge of anthropo
logical p1inciples and an extensive historical familiarity with the whole
society studied. Indeed, Mac Farlane's and Midelfort's studies of case
records and individual centers of persecution utilize what is perhaps the
most promising method for future scholarship in the social history of
witchcraft: the consideration of specific regional c1ises on the basis of a
close study of archival resomces and a social analysis of victims and
accusers.
Besides the kind of acute and revealing social history produced by the
disciplined study of local records and societies, a second important influ
ence has been the study of religious sentiment and its relation to dissent
and heterodoxy in the medieval and early-modern worlds. The work of
Herbert Grundmann, Die religiose Bewegungen im Mittelalter, published
in 1935 and revised in 1961, has been perhaps the single most influential
book in this area. It lies behind some of the most exciting historical work
of the past thirty years. Its influence can be seen in Christopher Brooke's
brilliant study "Heresy and Religious Sentiment" ai1dm Jeffrey Rusself's
\ encyclopedic liistory· Wifcliciafr'trrthe-· Middle Ages, which makes the
strongest case yet for tlJe role of heresy in the shaping of the witchcraft
persecutions.
One of the problems recognized by all historians of witchcraft from
1843 on is that of the relationship between the literary, learned clerical
208 Appendix 3
class that described and recorded witchcraft beliefs and practices, and
the content of those beliefs in the minds of those who allegedly held them.
It is the problem of the relation between high and low culture that has
vexed historians working on many other topics besides witchcraft. One of
the most successful attempts to resolve some aspects of this divergency of
sources is Richard Kieckhefer's fine short study European Witch Trial.s:
Their Foundation in Popular and Learned Culture, 1300- 1500, published
in 1976.
The study of local persecutions, including several very recent studies
of the witches of Old Salem ( now Danvers ), Massachusetts in the 1690s,
do not lend themselves to an understanding of the mental world of the
learned judges and demonologists. Studies of the learned tradition, on the
other hand, often fail to illuminate the unsophisticated, rough world of
the town and village. The bar separating 21ccusers and their victims, on
the one hand, from the judges and the learned demonologists, on the
other, is literally as real in scholarship as it was in the sixteenth-century
courtrooms. One of the virtues of Kieckhefer's work is that it attempts
successfully to find a means of connecting the world of the participants
in the persecutions with the learned world of the theoreticians of witch
craft.
In modern studies of witchcraft different disciplines offer different
perspectives. Anthropology, for example, h, elps to explain local societies
and regional persecutions, but it is unable to deal with the passage of
time, with the specific historicity of Eurojpean witch-beliefs, and with
the role of learned culture in these beliefs.. The history of religion can,
as Thomas and others point out, explain the parallelisms and relation
ships between sacramental magic and forbidden magic in traditional
European culture. The selective analysis of texts, especially in their rela
tion to traditional genres and their provenance, can overcome some of
the generalizing tendencies that some histo1rians of witchcraft still reveal
when discussing generally vague categories,, such as "ecclesiastical docu
ments"; medieval documents, like modem ones, came from different
sources, many of them indeed "ecclesiastical," but very different from
one another. A canon lawyer and a theologian addressed problems with
very different aims and resources, albeit within a generally agreed-upon
Christian tradition. An instructor of monastic novices wrote with a differ
ent purpose, using different materials, for a specific audience different
from those of a pope, an author of inquisitors' manuals, or a moral
theologian. In all, the works of Midelfort a1nd MacFarlane, Thomas and
Russell, Kieckhefer and Caro Baroja have helped the field of witchcraft
scholarship ( and social, intellectual, and religious history, generally) to
begin a new synthesis to replace the older rationalist or romantic ones
that for so long have dominated learned and popular histories.
Another problem that has faced histoxians of witchcraft, that of the
Appendix 3 209
enormous chronology demanded by the nature and history of ideas of
witchcraft, in many respects has not been solved. Few historians, includ
ing Trevor-Roper, are able to work comfortably in a period that stretches
from Roman antiquity to the mid-eighteenth century. The diversity of
regions in which trials were held also militates against synthesis. Usually,
the generalist is forced by the sheer bulk of his materials to adopt a
single explanation and focus all his energy upon it alone. Thus, Jeffrey
Russell's able and intelligent study argues a single thesis: that witchcraft
derived from heresy, not only in the forms of trial and accusation, but
from actual heretical sects a11d their devices for rebelling against
A
ecclesiastical authoritarianism. Such explanations, however valuable they
are for an author, as well as for providing a focus for very diverse data
studied over a long period, tend to distort the historical picture by the
very nature of their tendency toward an exclusive focus. Thus, in what
fixes. They exactly and dramatically describe the state of the field, by
constituting the best of it.
Aside from the study of Robert- Leon Wagner, "Sorcier" et "magicien":
21.0 Appendix 3
Contribution a l'histoire du vocabulaire d'.e la magie ( Paris, 1939), an
important work primarily concerned with literature, there has been no
systematic analysis of the actual terminology in Latin and the European
vernacular languages used to describe and label magicians and witches.
In my own work with the sources, malei(icium and the maleficus ( or
malefica) are the most commonly used terms, and such terms as sortile
gium and divinatio and others are specific subcategories of the broader
designation for occult offenses of any kind. Having found "witchcraft"
and "sorcery" linked semantically in the sources, I have workecl with
condemnations of magic not usually associated with the medieval history
of witchcraft. I have drawn heavily upon Lynn Thorndike's monumental
and magisterial History of Magic and Experimental Science, more than
most recent writers on the history of witchcraft, because the figures of the
sorcerer and the witch-although set apart: semantically and, by anthro
pologists, functionally-were once very clo,se. Thorndike wrote his great
history of magic because he would have hmd no adequate framework for
a discussion of medieval scientific ideas and their place in the organiz a
tion of knowledge without considering magic. I have attempted to take
some of Tomdike's materials and juxtapose them, not to experimental
science, but to the ars magica as that subject was viewed by medieval
moralists, theologians, lawyers, and inquisitors. Thorndike's History and
Joseph Hansen's great anthology of original documents, Quellen und
Untersuchungen zur Geschichte cl.es Hexerucahns und der Hexenverf o l
gung im Mittelalter ( Bonn, 1901 ) , are cited throughout the notes to this 1
book. The other standard histories and references to texts-Lea's Mate
rials, Hansen's own Zauberwahn, Inquisition und. Hexenprozess ( Munich,
1900) , Robbins' Encyclopedia, Russell's Witchcraft, and Cohn's study
all bear upon most of this book and offer bibliographical guidance. I ha.ve
only cited their discussions of points on which there is disagreement.
The pioneering work of Lea and Hansen, both rationalist historians,
has strongly influenced all subsequent hventieth-century study of the
history of witchcraft. The modern works di.scussed above, although most
of them transcend the limits of rationalist historical thought, all take a
similar approach. Among the most novel recent approaches, however,
three deserve to be particularly singled out because they suggest impor
tant new directions for research. Keith Thomas, Religion and the Decline
of "lvlagic ( New York, 1971 ) , is a monumental study of sixteenth-century
English popular beliefs based upon the arnthropologist's techniques and
the historian's command of different kinds of data. This work has greatly
illuminated large areas of sixteenth-century thought and custom hitherto
either lightly treated (as in C. Grant Loomis, White Magic [Cambridge,
Mass., 1948) or C. MacCulloch, Meclieva:l Faith and Fable [Oxford,
1936) ) or explored only in pa1t. Raoul Marnselli, I Fenomeni di devianze
Appendix 3
nel medio evo ( Turin, 1975), pp. 85-99, constructs a typology of ecclesias
211
Order," Speculum 42 ( 1967 ), pp. 233-59, deals with the larger question
of medieval theodicy, regarding magic and witchcraft as one aspect of a
new kind of alienation that appeared in late twelfth- and early thirteenth
century European society. These three approaches suggest some of the
range of the most recent mod,e.rn scholarship and the long road from
rationalist historiographical presuppositions that most of it has travelled.
Historians, fortunately, keep working. It is a pleasure to end this
NOTES
Index
Individuals born before 1600 are listed under the first name. Those born
after 1600 are listed by the last name.
Acts of Peter, 8 53, 56, 69, 73, 76, 85, 97; De
Adam Stratton, 119 civitate Dei, 6, 8, 72, 75, 127, 134,
Adso, Libellus de Antichristo, 1 198; De doctrina christiana, 4-5,
Agrippa von Nettesheim. See Henry 50, 72, 75; Quaest. in Hept., 68
Cornelius
Alain de la Roche, 146-47 Baldwinus, 77-78
Alain de Lille, 78-79 Bartholomew of Exeter, 78
Albertus Magnus, 95 Benedict IX, Pope, 28
Alexander III, Pope, 9 9 -100, 117 Benedict XIII, Pope, 143
Alexander IV, Pope, 9 9 -100, 131-33, Bernard Delicieux, 130n
152 Bernard Gui, 41, 131- 32, 133-34,
Alfonso Testado, 147 160, 189, 194
Alice Perrers, 124n Bernard, St., 45
d'Alvemey, Marie-Therese, 25, 86 Bible: Exodus 7-11, 68; Exodus 7:8,
Anselm of Besate, 21-28, 32-34, 45, 3, 148; Exodus 22:18, 17-18, 6 8 -
50, 56, 67,89 69, 70, 139-40, 148; Leviticus 19-
Antichrist, 7n, 18 20, 69, 148; Deut. 18, 69; 1 Samuel
Apuleius, 7n, 56 18, 69; John 8:44, 12; Acts 13: 6-
Aristotle, 91n 12, 3; Revelations 2:9; 3:9, 12
Amald of Villanova, xi, 66, 106, 112, Bodin, Jean. See Jean Bodin
117, 118 Boniface VIII, Pope, 98, 120n, 124-
Augustine, St., 4, 10, 15, 41-43, 47, 27, 128
213
214 Index
Brown, Peter, 9, 114, 117-18 Gregory IX, Pope, 79, 86, 98, 156--57
Burchard of Worms, 14, 71, 73, 80, 99 Griffolino d'Arezzo, 103-5
Guibert de Nogent, 41-42, 44, 75
Caesarius of Heisterbach, 92-93, 112 Guichard of Troyes, 120
Canon episcopi, 15, 72n, 101, 134, Guidlo Bonatti, 102-4
141, 150 Gundissalinus, 65, 67
Cathar, xiv
Cecco d'Ascoli, 105-6, 118 heresy, xvi, 10, 33-45
Charlemagne, 16 Herla, 51
Cicero, Rhetorica, 22, 28 Hinemar of Reims, 15-16, 75
Cohn, Norman, xiv, xvi, xviii, 7, 11-
Honorius III, Pope, 99
12, 41, 124-27 Hopkin, Charles E., 95n
controversiae, 23,-24, 26
Hrabanus Maurus, 15-16, 47, 53, 66
court, 49·, 11 ln
Hub,ert de Burgh, 119
Cowdrey, ·H. E. J., 22, 27, 28
Hugh of St. Victor, 13, 53, 56, 65-67,
crimen exceptum, 152 70, 79, 85, 91
crimen magiae, xiii, xvi, 124, 176
Huizinga, Johann, 145-46
curiositas, xiv, 2, 16, 90 humanism, xi-xii
Curtius, E. R., 23 Hugues Geraud, 130n
Dante, 34, 86, 102 - 6, 112
demimonde, 10, 123, 133 impotence, 76n
dulia, xiv, xv, 196--200 Indiculi superstitionum, 14, 24
Innocent IV, Pope, 140-41, 152, 190
Edric Wild, 51 Innocent VIII, Pope, 1 7 0 -73
Eleanor Cobham, 125 Inquiisition, 150-61
Elymas, 3-5, 8, 12-13 lsido1 re of Seville, 13n, 47, 53, 56, 66,
Enguerrand de Marigny, 121, 128 72, 87
Etienne Tempier, 89 lvo of Chartres, 72-73
Eudo, 51
Eugenius IV, Pope, 146, 149 Jean Bodin, xv, 164
exemplum, 32, 41 Jews and magic, 3, 1 1 -13; as sorcerers,
13, 31, 48, 94
Faust, xii, 13 Joan , of Navarre, 125
folklore, 14, 24 Joharnn von Frankfurt, 146-47
Joharnnes Andreae, 100
Galeazzo Visconti, 131n Joharnnes de Turrecremata, 149- 50
Gerbert of Aurillac. See Sylvester II, John XXII, Pope, 99, 1 2 9 -35, 149
Pope John Bromyard, 142-43
Gervais of Tilbury, 35, 37, 41, 45, 5 3 - John , of Freiburg, 140-42
57, 67, 102 John , of Salisbury, xvii, 45-50, 52, 55,
Gianfrancesco Pico, 163-64, 166 64, 70, 73, 78, 85, 89, 112, 114,
goes, goetia, 2 l lS, 123
Gratian, 16, 71-78, 91, 100-1, 117 Jones, William R., 122-23
Gregory VI, Pope, 28, 30 Jorda1 nes de Bergamo, 147
Gregory VII, Pope, 28 Justin Martyr, 6--8, 43
Index 215
Kelly, H. A., 91 Plato, 1 - 2, 56, 162
Kennan, Elizabeth, 93 porphyry, 8
Kieckhefer, Richard, 167 praestigium, 74n
Konrad von Marburg, 156-57 r1risca m'agia, xii
Kors, Alan C., xiii Prospero, xii
Psellos, 42, 162
Law, Germanic, 14; Roman, 8, 75, 135,
150-55, 185-87; Theodosian Code, Ralph of Coggeshall, 35-44
14; Canon, 71- 78, 9 8 -102, 148-61 Raymond of Peiiafort, 78-79, 80, 98-
Latria, xiv, xv, 196-200 101, 140
Lea, H. C., 14, 55, 92, 182-85 Regino of Prum, 17, 72
Leo I, Pope, 11 Richard Fishacre, 88
Liber iuratus, 1 1 1-12, 117, 119, 124 Richa1·d Ledre<le, 119n
Louis the Pious, 16 Robbins, R. H., 166n
Robert of Flamborough, 78- 80
Robert Grosseteste, 85-86
Macfarlane, Alan, xviii
Robert Kilwardby, 66, 89
Mahaut d'Artois, 121n
Malleus maleficamm, 147, 153, 160, Robert Pullen, 70
Roger Bacon, 66, 88, 98, 118
170-75
Rolandus, 76
Manitius, Karl, 23
Ruflnus, 77-78
Marsilio Ficino, 162
Merlin, xii Russell, J. B., xiv, xviii, 14, 43, 45, 94,
154, 169-70
Michael Scot, 86-89, 102-5
Midelfort, H. C. Erik, xviii, 163-64 Saul 5, 68-69
Moore, R. I., 4 1 Simon Magus, xii, 7n, 86
Southern, R. W., 94
nar-ratio fabulosa, 33 Stephen of Toumai, 76-77
Nicholas Eymeric, 132-33, 160, 189, Summa Parisiensis, 76-78
194-201 Sylvester II, Pope (Gerbert), 28, 31,
Nock, A. D., 2 48, 51, 65, 87