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du Tillet: a Neglected Scholar of the 16th Century," prision of the Chronicle of
The peace of November 3, 1492, between Henry VII of England and Charles VIII of France, was printed in quarto in that year. In 1518 the concordat between Pope Leo X and Francis I of France of December 19, 1516, was printed at Paris.38 Clearly treaty publication was becoming customary so far as separate prints were concerned.
Historians began publication of archival material early in the sixteenth century:39 Jacques Merlin dealt with general councils of the church in two folio volumes in 1523–24.40 Jean Du Tillet (Joannes Tilius), bishop of Meaux (d. 1570), published a folio chronology of French reigns in 1543.4. Veit Amerbach (1503-57) printed at Ingolstadt in 1545 through Alexander Weisshorn an edition of the Karoli Magni et Ludovici Pii Christianissimi Regum et Imperatorum Francorum Capitula sive Leges Ecclesiasticae et Civiles of Angesisus, bishop of Fontenelle (d. 833), and Benedictus Levita.2 Johannes Basilius Herold (1511-70) published in Basel in 1557 a collection of Leges Allemaniae as a part of his Origines et Antiquitates Germaniae. Jean Du Tillet, clerk of Parlement, Sieur de la Bussière, and elder brother of the bishop of Meaux of the same name, published his Recueil des guerres et traictez de paix, trefve, et alliance d'entre les roys de France et d'Angleterre through Jacques Dupuis in 1577, following it in 1578 by his Memoires et recherches, printed at Rouen by P. de Tours. The historical writings of both brothers were collected in a folio edition in 1586-88 under the title Recueil des roys de France.43
One phase of fifteenth and sixteenth century history which resulted in the publication of much documentary material was the struggle against the Turks. Letters of indulgence as a reward for contributions toward the cost of the conflict were printed as early as 1454, while the first papal bull printed "widder die turcken” is probably that of Calixtus III (1455-58), which was dated June 20, 1456.44 The first bulls and translations into English, with bibliographic notes, vide Frances Gardiner Davenport's European Treaties Bearing on the History of the United States, documents 5, 6, and 7.
38 Catalogue de l'histoire de France, i, p. 219; text in Dumont, iii, 2, pp. 291-296; Catalogue of the Printed Books in the Library of the British Museum, France, Francis I.
39 The Corpus Juris Canonici was published at Mainz in 1472 and at Venice in 1474, 1479, 1493, and 1496, with editions by Antonius Democharis and Antonius Contius at Paris in 1508 and 1522. Lipen, Bibliotheca Realis Juridica, edition of 1746.
40 Decreta et Concilia Generalia in Unum collecta. Published at Paris by Galiot du Pré.
4 The Harvard copy is bound in with Paolo Emilio's De Rebus gestis Francorum of 1544, and has a separate title page: De regibus Francorum chronicon, ad haec usque tempora studiosissime deductum. Parisiis, Michäel Vascosanus, 1543.
Editions were published at Paris by Jean Du Tillet, bishop of Meaux, in 1548; by Pierre Pithou in 1588; by Franciscus Pithou in 1603; and by Jacques Sirmond in 1640.
43 On Jean Du Tillet, bishop of Meaux, vide Cuthbert Hamilton Turner, “Jean Fotheringham's The Bodleian Manuscript of Jerome's Eusebius.
4 Vide de Ricci, op. cit., no. 20. For the letters of 1454-55 vide Einblattdrucke, nos. 482-489, and for additional bulls and treaties nos. 504, 598, 1333, 1348-52, 1362–65, etc.
treaty against the Turks to be printed, “cum gratio et privilegio," was very likely that of February 8, 1538, between Pope Paul III (1534-49), the Holy Roman Emperor, and Venice.45
France first made a practice of printing treaties by authority. It is pretty clear that the first printer and bookseller of the French king, Pierre Le Rouge (1488–93), printed no treaties or other public documents.46 The first letters patent referring to the printing of acts of state is that issued to Michel de Vascosan (d. 1577) in March, 1561, by Charles IX, in which the king said:
[Nous) avons retenu et retenons par ces présentes nostre imprimeur en toutes langues, aux honneurs, autoritez, prerogatives et droits tels que ont accoustumé avoir noz autres imprimeurs: et pour par ledit de Vascosan imprimer toutes lettres d'édits, ordonnances, remonstrances des estats, résolutions données sur icelles, propositions, apologies et autres choses qui toucheront les affaires de nostre royaume, que nous voudrons estre imprimees et publiees. 47
Though these letters patent might have authorized publication of treaties under the phrase "autres choses qui toucheront les affaires de nostre royaume, que nous voudrons estre imprimees et publiees," I have found no evidence indicating any general practice of publication in France until after the peace of Westphalia.
The capitulations between France and the Ottoman Porte, which established the regime of exterritoriality, were printed at Paris in 1570, and the treaty of 1569 between France and Savoy in 1597, probably both by authority.48
George Chalmers “ states that the first treaty published by authority and separately in England was that of London of August 18, 1604, with Spain. The booklet, of small octavo size, contains fortytwo pages. Its title reads:
Articles of peace, entercourse, and Commerce, concluded in the names of the most high and mighty Kings, and Princes Iames by the grace of God,
46 Capitula sanctissimi foederis initi inter Summum Pontificem Coesareamque Maiestatem et Venetos conira Turcas. (Antverpiae), per Guilielmum Vorsterman, (1538). 8 pp. Cover title. 19 cm.
This document seems not to have been included in collections. The Harvard copy is part of the Riant purchase.
46 Georges Lepreux, Gallia typographica, ou répertoire biographique et chronologique de tous les imprimeurs de France depuis les origines de l'imprimerie jusqu'à la Revolution, série Parisienne, i, 1, pp. 342-347; cf. Henri Monceaux, Les Le Rouge de Chablis, calligraphes et miniaturistes graveurs et imprimeurs (Paris, 1896).
Lepreux, Gallia typographica, série Par., i, 2, pp. 14–15; for an account of Vas cosan vide i, 1, pp. 514-525. For other forms see i, 2, nos. 35, 39, 74, 94, 103, 118, 131, 159, 161, 165, 207, 224, 238, 242, 244, 245, 246, 255, 269, 274, 295, 311, 315, 322, and 336. Fédéric I Morel (1523-83) was authorized by letters patent of March 4, 1571, "d'imprimer ou faire imprimer lesdicts livres, esdictz, ordonnances, statutz, lettres patentes, et aultres nos mandemens.” Ibid., no. 53. Réglemens are included in the letters patent of February 5, 1602, issued to Fédéric III Morel (no. 82). The letters patent of December 24, 1633, to Sébastien Cramoisy, practically authorized a government printer (no. 113).
18 Martens, Supplément ou Recueil, i, P: v; Garden, op. cit., i, p. 273. 49 Collection of Treaties, i, preface, pp. iv-v.
King of Great Britaine, France, and Ireland, defender of the faith, &c. and
Melchior Goldast in 1607 began the series of diplomatic collections for which his name is justly honored. The first of the series was published at Frankfort in folio in 1607: Imperatorum, regum, et electorum S. R. I. statuta et rescripta a Carolo M.ad Carolum V. et a Carolo V. ad Rudolphum 11.62 Christoph Lehmann (1568-fl. 1638) published his Chronica der Statt Speyr at Frankfort in folio in 1612,53 and Friedrich Hortleder (b. 1579) his Handlungen von den Ursachen des Teutschen Kriegs at the same place in 1617-18. The archivist of that period was not popular with the authorities. Goldast wrote to Hortleder in 1611:
Quod ad impressionem Capitulationis attinet, vide quid sentias vidente Imperatore? Neque hanc, neque etiam illa, quae dixi, statuum Regalia fas est in publicum producere
De capitulatione Imperatoria non omnes tecum sensuri forent, si publicaretur. Nec res careret periculo, quippe cum extrema offensa Imperatoris conjuncta, cui manus longae sunt.54
Pierre Matthieu (1563-1621) published his Histoire des derniers troubles de France sous les regnes des Roys Tres-Chrestiens Henry III... et Henry IIII. at Lyons in 1597. An edition of 1600 without place was published "avec un recueil des edicts et articles accordez par le roy Henry IV. pour la réunion de ses sujets.” Pierre Victor Palma Cayet (1525-1610) published his Chronologie septenaire in 1605 and his Chronologie novenaire in 1608, both at Paris through Jean Richer, who may lay some claim thereby to initiating the plan of publishing documented history. Jean de Saint-Gelais's Histoire de Louys XII was published by Theodore Godefroy through Abraham Pacard at Paris in 1622. To it were appended three treaties of peace and alliance from 1498 to 1508.
50 Title page of Harvard copy. It is interesting to note that 'corantos,' or news sheets, were not printed in England until 1621. London Times, January 20, 1914, and J. G. Muddiman's Tercentenary Handlist of English and Welsh Newspapers, Magazines, and Reviews.
si Articuli Pacis et Confederationis perpetuo duraturae inter Sermos Regem Hispaniarum etc. et Archiduces Austriae & ex una, et Sermum Regem Angliae etc. ex altera partibus eorumque haeredes & successores, Anno Domini 1604. Bruxellae, ex Officina Rotgeri & Velpii Typr. Iur. Anno Domini M.D.C. III. Cum Privilegio. 134 pp.) 19 cm.
52 On Goldast vide Pütter, Litteratur des Teutschen Staatsrechts, i, p. 172.
53 Chronica der freyen Reichs Statt Speyr, darinn von dreyerley fürnemblich gehandelt . . . . Franckfurt am Mayn, bey Niclas Hoffman in Verlegung Jonas Rosen, 1612. iv, 1024 pp.,, index. 34 cm. Editions in 1662 and 1698; reprint in 1711 by Anton Heinscheit, Frankfort.
54' " Epistolarum Goldasti ad Fridericum Hortlederum,” i, pp. 318-410 (vide pp. 340, 344) in Heinrich Christian Senckenberg's Selecta Juris et Historiarum tum Anecdota tum jam Edita, sed Rariora (Francofurti ad Moenum, 1734-40, 6 vols.).
“Grotius,” comments Martens,55 “had only slight aids of this kind in composing in 1623 his work on the Law of War and Peace, and this is probably one of the reasons why most of the examples and treaties to which he refers are drawn from ancient history, since he rarely cites treaties of later centuries, although several works of this respected scholar testify how well he was versed in history, particularly that of his own country. However, the taste for the study of the law of nations which he inspired was able to contribute to the birth of the taste for the study of the documents which form the foundation of the conventional law of nations. Still more, the crisis in which Europe found itself during the Thirty Years' War, and the long negotiations set on foot to end it, had an influence on the interest taken by the public in knowledge of the affairs of nations. So it is during that period that we see historical works interwoven with public acts prodigiously multiplied."
Dogiel 58 records that the Emperor Ferdinand II wrote in 1633 to the king of Poland to propose to him the publication of the treaties between the house of Austria and Poland in order that they might come to the knowledge of the public. Apparently the project was never executed.
Jean Jacques Chifflet (1588–1660), physician to the king of Spain, in behalf of the Marquis de Tor, prepared a collection of FrancoSpanish treaties to facilitate the conclusion of peace by past examples, in a little duodecimo volume, Recueil des traittez de paix, treves, e neutralité entre les couronnes d'Espagne et de France, which was printed in 1643 by the Plantin press at Antwerp. The book went through four editions in twenty-five years. A year before its first appearance a volume entitled Acta Tractatuum Praeliminarium was published.ST
The peace of Westphalia, from which date modern history and the science of international law, was not signed before publishers had got out editions of the treaty texts. The complete settlement consisted of the treaties of Osnabrück and of Münster. It was originally arranged that the treaty of Osnabrück should be signed in July, 1648, but it was finally held over and signed on October 24 along with that of Münster. In that interval two editions of the Osnabrück document were issued in German, at Osnabrück and Stettin, and one in Dutch. In the same year the whole settlement was published at Mainz, Vienna, Leyden, Forli, and Leipzig in the original Latin, and at Frankfort and Leipzig in German, while a Swedish edition was issued at Stockholm in 1649.5
The next generation witnessed great activity in the publication of treaties. Among the periodicals essaying this task may be mentioned
55 Martens, loc. cit., p. vii; Garden, op. cit., i, P. 274.
56 Mathias Dogiel, Codex Di plomaticus Regni Poloniae et Magni Ducatus Lithsaniae, i, p. iv (prospectus): "Extant in Archivo Regni Literae Originales Ferdinandi II. Imperatoris, ad Vladislaum IV. Regem Poloniae, Anno 1633. in eo solum nego tio scriptae, ut compacta inter Austriam & Poloniam inita Typis imprimi mandaret, quo melius subditis constare possent Leges, quibus invicem obligati tenentur.”
57 Cf. No. 177, supra.
Johann Ludwig Gottfried's Theatrum Europaeum, which began publication at Frankfort in 1635 and continued until 1738; and Vittorio Siri's Mercurio o vera historia dei correnti tempi, which began in 1644. Chifflet's little volume of 1643 was the forerunner of others of similar character. Several titles very like each other followed within two decades. 59 A third type of publication containing treaties brought out in that generation was the handbook. Christoph Peller (16301711) published his Theatrum pacis at Nuremberg in 1663 in quarto, a second part following in 1683. His Collectio Praecipuorum Tractatuum Pacis ab anno 1647 ad annum 1664 appeared at Nuremberg in 1666 in quarto, a second edition following in 1684.60 A fourth type, the national collection of historical sources, came forth in the Dutch Groot Placaet-Boeck, the first folio volume of which was published in 1658.61
The English attitude toward the publication of documents relating to treaties until the middle of the seventeenth century, was that "they ought to be of record and enrolled in the Chancery, to the end the subject may know, who be in amity with the King and who be not; who be enemies and can have no action here, and who in league and may have actions personal here; but letters and writings concerning matters of State, which were not fit to be made vulgar, were enrolled in the Wardrobe, and not in the Chancery, as leagues were and ought to be.” 62 The offices in which they were deposited were named "treasuries,' as if the documents themselves were portions of the national wealth.
During the Civil War in England the contending parties, as is well known from the great collections of fleeting material which are extant, addressed the people in declarations, proposals, addresses, etc., until it became almost a habit to appeal to the citizenry as arbiter and judge in public causes. This custom had its effect on the publication of treaties.
Aside from Liber A and Liber B, Muniment Books of the Exchequer,63 the Red Book of the Exchequer, 64 and the Black Book of the
59 Cf. Nos. 886,887, supra, and Martens, “Discours préliminaire.” Also Garden, op. cit., i, pp. 275 f. 60 Cf. Nos. 77 and 78, su pra.
61 Cf. No. 1432, supra. 62 Sir Thomas Duffus Hardy, Syllabus of the Documents Contained in “Rymer's Foedera," i, p. i, citing Coke. Cf. 20 Henry VI, cap. 1 (1442) and 17 Edward IV, cap. 6 (1477–78). The legal correspondent of the London Times wrote on March 20, 1919: “They could not be seen except by special permission, rarely granted. And yet they were sorely neglected. They were allowed to rot, to be injured by damp, or to be devoured by vermin. In Tudor and Stuart times they suffered from other causes. Secretaries of state borrowed them for official purposes and never returned them. Enterprising collectors abstracted them. They were mixed with private papers, and treated as private property. A treaty with Portugal was picked up at an auction sale, and another with Holland was bought off a stall in the streets. Not until the State Paper Office was established were effective means taken to prevent careless or dishonest dealings with one of the most precious classes of national documents."
63 Vide S. R. Scargill-Bird, A Guide to the Various Classes of Documents Preserved in the Public Record Office (3d ed.), pp. 225-226.
64 Edited by Hubert Hall, published under the direction of the Master of the Rolls (London, 1896, 3 vols.).