„BUT IF YOU MARRY ME:“
REFLECTIONS OF THE HUSSITE MOVEMENT
IN THE PENITENTIARY (1438–1483)
Lucie Dolezalova
The Hussite movement, one of the most important chapters of Czech history,
has been presented in many contradictory ways.1 Marxist historians, not
concemed with the nature of the religious dispute, saw Hussites as national heroes,
fighters against the rigid feudal system;2 Catholic historians pointed out the
destructive aspects ofthe movement.3 lt has only been in the last few years that
some historians do not consider it necessary to be either entirely for or entirely
against it.4 Medieval sources are sirnilar in this respect: the Calixtines gathered
evidence for the corruption of the Church, the Catholics criticized the Calixtines
1 The history of the evaluation of the Hussite revolution retlects Czech history and national
consciousness very well, as the interpretation has always been viewed as relevant to the
present. The positive view culminated in 1848 and is best represented in the work of
Frantiek PalacJcy (the „Ieader of the nation“ at the time), especially in his five-volume
Dijiny naroda ceskeho v Cechach a na Moravl [The History of the Czech Nation in
Bohemia and Moravia] (Prague, 1848-1876) (hereafter PalacJcy, Dljiny), in which he
presented Czech history as a constant fight against the German element. Tomü Garrique
Masaryk also saw in the Hussites a model for the Czech nation; see his Jan Hus. naJe
obrozenf a naJe reformace [Jan Hus – Our Renaissance and Our Reformation] (Tieboi1:
Brandeis, 1899). The firstfirm critic ofthe g1orification ofthe Hussite movement was Josef
Pekal; see his Jan Ziika a jeho doba [Jan Zilka and His Time] (Prague: Vesmir, 1 927-
1933). He put the Taborite wing of the movement especially into a negative light, and
called its final lass at the battle ofLipany „a happy day in Czech history“. The discussions
continue and the issue is still burning.
2 E.g., Zden!k Nejedly, Hus a naJe doba [Hus and Our Times] (Prague: Svoboda, 1946); or
his Komuniste, dldici ve/kjch tradic ceskeho naroda [The Communists, Heirs of the Great
Traditions ofthe Czech Nation] (Prague: Svoboda, 1946).
3 E.g., Jifi Sahula, Socialni postaveni knlistva v dobl husitslce [The Social Conditions of
Catholic Priests during the Hussite Period] (Hradec Kralove: self-pub1ished, 1915).
• Most significant in this respect is the work ofFrantiek Smahel, who has concentrated on an
impartial evaluation of the Hussite revo1ution; e.g., his exhaustive Hussitskil revo/uce, I-IV
[The Hussite Revolution] (Prague: Charles University, 1993), or his problem-oriented
Husitske Ceclry: struktury, procesy, ideje [Hussite Bohemia: Structures, Processes, Ideas]
(Prague: Lidove noviny, 2001). In his /dea nciroda v husitslcfch Cechach [The ldea of
Nation in Hussite Bohemia], 2nd ed. (Prague: Argo, 2000), Smahe1 argued persuasively
against the firmly established idea that the Hussite movement was primarily national ist.
1 13
for their violence and disobedience to the Pope. The strategies of accusation applied
to both parties were basically the same, only the Iabels were switcbed. One
aspect whicb the sources bave in common is that they reflect the split in tbe
country. Everyone at the time took sides, and tbe sources, even if tbey were not
of a political nature, clearly reveal tbe viewpoints of their autbors.
The sources are nwnerous and various: tbere are circulars and public letters
providing, for instance, insigbt into tbe organization of tbe meetings of tbe
two sides, as weil as private letters which make it possible to follow tbe complicated
plots and conspiracies. 5 A great boom of vernacular Iiterature was brougbt
about by tbe Hussite movement: religious songs, sermons, tbe first translations
of tbe Bible, satires, short stories, and so on.
The Penitentiary registers are a very different type of source, concemed
with different issues, offerlog a different type of infonnation. Y et, tbey also reflect
tbe Hussite movement, and its different perspective provides new questions
tobe asked.
There are no Penitentiary records from tbe time wben the Hussite movement
was moving on the land.6 The first surviving cases are from tbe year 1438,
long time after Jan Hus bad been burnt at stake in Constance (1415), after tbe
radical wing of tbe Hussites bad developed and survived the five Crusades
(1420, 1421, 1426, 1427, 1431) and finally lost at tbe decisive battle of Lipany
(1434), after Sigismund of Luxemburg had signed tbe tolerance treaty (the socalled
Compacts) in Jihlava (lglau) (1436), and after be had died (1437). The
period reflected in tbe Penitentiary is a period of uncertainties marked by religious
disputes and tbe gradual rise to power of George ofPodbrady.7 The year
1485 is usually perceived as tbe end of tbe Hussite period, when the religious
s The 1etters of Oldfich of Rosenberg, an influential south Bohemian Catholic nob1eman, are
especially valuable: Blafena Ryneova, ed., ListaF a listimif 0/dficha z Roimberka [The
Ietters and charters of01dfich ofRosenberg] (Prague: teskos1ovenska akademie vi!d, 1929,
1932, 1937, 1954) (hereafter UOR).
6 As far as the relationship between the Holy See and the Czech Iands during the Hussite
revolution is concerned, a number of sources were edited by Jaroslav Er§il, of which the
last so far is Acta Martini V pontificis Romani 1423-1431, Monumenta Vaticana res gestas
Bohemicas illustrantia 7, n. 2 (Prague: Akademie vi!d &ske republiky, 1998). Ale Poflzka
analysed the libri formatarum in detail, an important source on the group ordinations at the
papal curia (Ale Pofizka, „Sv&:enci z slcYch zemf u papeiske kurie v letech 1420–1447″
[The ordained from the Czech Iands at the papal curia during the period 1420–1447], Acta
Universitatis Carolinae. Philosophica et historica. Z pomocnfch vld historickjch 15, n. 2
(2003), 245-264.
7 On the period 1438-1485 see, e.g., Rudolf Urbanek, Ceslee dljiny, m, 1-3: Vlkpodebrad3kj
[Czech History: The Time ofGeorge ofPodi!brady] (Prague: J. Laichter, 1915, 1918, 1930)
(bereafter Urbänek, Ceslee dejiny); Josef Macek, Jifi z Podlbrad [George of Podi!brady]
(Prague: Svobodne slovo, 1967) (hereafter Macek, Jirf); or JosefPoliensicY, Doba Jirlho z
Podebrad [The Time of George of Podi!brady) (Prague: Vaclav Petr, 1940); Frederick G.
Heymann, George of Bohemia: King of Heretics (Princeton, N. J.: Princeton University
Press, 1965); Otakar OdloDUk, The Hussite King: Bohemia in Europeon Affairs, 1440-
1471 (New Brunswick, N. J.: Rutgers University Press, 1965).
114
tolerance treaty was signed in Kutna Hora, thus making Bohemia and Moravia
officially a land oftwo faiths.8 However, chronology is not ofmuch use as far as
the Penitentiary records are concemed. The only date provided in them is that
when each case was recorded, but the time of the events related is rarely referred
to differently than olim.9
14
12 1—
10
8
6 I–
4 – – r- ,
2
.I I ln 1 n I n n 0
*
From the years 1438-1483,10 there are 172 recorded cases from Bohemia
and Moravia:11 91 from the diocese of Prague (Bohemia), 75 from Olomouc
8 This treaty is sometimes interpreted as the greatest achievement of the Hussite movement, as
the first time of official religious freedom in European history.
9 Although excommunicated priests were certainly more in a hurry to receive dispensations
and absolutions than lay people, as their living depended on it, it is impossible to make conc\
usions about the time of the event from the date of registering the case ( e.g., frequently a
10 sin was discovered a lang time after it was committed, etc.).
That is, from the earliest surviving Penitentiary records until the end of the pontificate of
Sixtus IV. When refering to the cases, I note the number ofthe volume ofthe Penitenzieria
Apostolica (ASV, Penitenzieria Ap., Reg. Matrim. et Div.) followed by the folio number. I
note whenever the case also appears in the Repertorium Poenitenliariae Gennanicum
(RPG), that is, RPG, I: Eugen IV. 1431-1447, RPG, U: Nikolaus V. 1447-1455, RPG, lll:
Calbct m. 1455-1458, RPG, IV: Pius JJ. 1458-1464, RPG, V: Pau/ ll. 1464-1471, ed.
Ludwig Schmugge et al. (fübingen: Max Niemeyer Verlag, 1996 ff.), or in the Bullarium
1 1 5
(Moravia), and 6 from the little Bohemian-Moravian diocese of Litomyl.12
Chart I shows the overall distribution of the cases among the dioceses, and Chart
li gives an overview ofthe different types of cases recorded in different years.
Although Hussites or heretics are explicitly mentioned only in ten of
them, many cases may be interpreted as linked to the Hussite movement For
example, among the de diversis formis and de declaratoriis types, there are eight
cases of exponentes (all of them from the Prague diocese!) who particiflated in
spoliis, rapinis, homicidiis et incendiis ( or some combination of them). 3 These
could refer to the Hussite fights, and they probably do, although the explicit
mention is made in only one case.14 At the same time, however, there are twelve
cases of the ‚usual‘ accidental violence: a priest was mistaken for a thief and
strangled, 15 a drunken priest feil and died, 16 a woman died because the exponens
Poloniae (BP), that is, BP litteras apostolicas a/iaque monumenta Po/oniae Vaticana
continens, V: 1431-1439, VI: 1447-1464, ed. Irena Sulkowska-Kura§ and Stauistaus Kura§
(Rome and Lub1in: Polish Christian Institute, 1995 and 1998) providing the case and page
numbers.
11 Although several cases from other dioceses are referred to in the article, only these two
areas, that is, regions where the Hussite movement spread the most, bave been
12 systematically studied to date.
The fact that the number of cases from Bohemia and Moravia is very similar (81 and 91)
does not at all support the accepted fact that Hussitism was much more widespread in Bohemia
than in Moravia.
13 It is recorded in 1450 that Jacobus Fasingli homicidiis, spoliis et incendisi /ocorom
sacrorom et non sacrorom intetfoit (ASV, Penitenzieria Ap., Reg. Matrim. et Div. , vol. 3,
fol. 1 80r; RPG li, n. 611), and Johannes Schynffer rapinis, spo/iis et homicidiis cum
e.ffr actione locorom sacrorom et non sacrorum intetfoit (vol. 3, fol. 181r; RPG li, n. 636),
in 1458 that Jacobus Smolick spoliis, rapinis, incendiis et homicidiis intetfoit (vol 5, fol.
433v; RPG m, n. 562) in 1461 that Swateslaus de Taszowitz spoliis et rapni is in sacris et
profanis locis intetfoit et auxilium prestifit (vol. 9, fol. 158v; RPG IV, n. 1341), in 1465
Petrus Schamfeit that spolisi , rapiis, incendiis locis sacris et non sacris et cum effractionem
dictorom locorum ac homicidiis et laicalibus pluribus intetfoit (vol. 12, fol. 76v; RPG V, n.
995), in 1466 that Wentzeslaus Odolen intetfoit spo/iis rapinis homicidiis (vol. 14, fol.
187r; RPG V, n. 1 1 76), in 1471 that Johannes de Lungkwicz intetfoit homicidiis laicalibus
et non laicalibus (vol. 19, fol. 180r-v; RPG V, n. 2 188), and in 1474 that Johannes filius
Johannis de Kap1iz intetfoit homicidiis (vol. 23, fol. 158r).
14 That is, in the last one of 1474. The fact that the dead were heretics is pointed out in the
typical c1osing formula: Cum autem dictus exponens in morte dictarum hereticorum et
adherentum et complicis et favorom culpabilis non fuit sed de morte eorum doluit prout
dolet de presenti . . ., ASV, Penitenzieria Ap., Reg. Matrim. et Div., vol. 23, fol. 158r.
1s Valentinus Feehau in Bfevnov monastery, registered in 1464, ASV, Penitenzieria Ap., Reg.
Matrim. et Div., vol. 13, fol. 135r; RPG V, n. 1675.
16 Registered in 1441, ASV, Penitenzieria Ap., Reg. Matrim. et Div., vol. 2bis, fol. 21 0r; RPG
I, n. 596. Tbe event takes p1ace at the door in a bospital – the exponens, Johannes de Clobuch
(i.e. Jan z Klobouk), carried a piece of wood with which he wanted to c1ose the door
so that no thieves or stipendiarii [!] could get in, but the drunken priest suddenly opened
the door, and they both feil – the priest exactly on the piece of wood. (Curiously enough, all
the cases in which a1cohol is mentioned come from the diocese of Olomouc).
1 16
sent for the wrong specialist to heal her neck,17 and so on. Similarly, although
many nuns and monks were forced to leave their monasteries as the Hussites
attacked and destroyed them, the case of a monk or a nun leaving his or her
monastery, keeping their habit (andlor without the knowledge of their superior)
is another typical penitentiary case. In Bohemia and Moravia, nine such cases
are recorded in the study period, and in only one of them the exponens stated
explicitly that he had left because the monastery was destroyed by heretics.
18
Chart li: Czech cases referring to type
year
•diver+decl Operp+sent I:Jprom Odefnat •matr
Only the de promotis et promovendis cases seem clearly linked to the
Hussites. According to the Compacts, the distribution of parishes between the
Calixtine and Catholic priests was to preserve the status quo ante – if a Calixtine
priest died he was to be succeeded by another Calixtine priest and vice versa.
Thus, due to the prevalence of heretics in the Czech lands, the possibilities for
Catholic clerics to build up their ecclesiastical careers were limited. In addition,
the Prague archbishopric did not bave a confirmed Catholic Ieader, so there was
no one to offer the higher offices. Several exponentes from 1449 made this point
17 Johannes Karzark from Krumlov, registered in 1476, ASV, Penitenzieria Ap., Reg. Matrim.
et Div., vol. 25, fol. 1 17v.
18 Nicolaus Crause from St. Charles‘ Augustinian monastery in Prague diocesis (June 22,
1452): ipse o/im postquam monasterium per hereticos desolatum .fuisset, sine licencia sui
superioris . . ., ASV, Penitenzieria Ap., Reg. Matrim. et Div., vol. 3, fol. 323r; RPG II, n.
951.
1 17
– ecclesia Pragensis pastore caret – in order to support their cases.19 Many of
the priests went abroad, most frequently to Italy, and bad themselves promoted
there (13 cases), or, altematively, they asked the pope for letters to let them be
ordained a quocumque antistite catholico (that is, “by any Catholic presiding
priest‘.2!) (22 cases)?1 These two variants of solving the problern were sometimes
even combined: Two exponentes from 1441 ask both for being allowed to
be ordained by another prelate and, eight days after, for absolution because they
promoted themselves in Italy.22
Even though it is impossible to judge the scope of the Hussite influence
on this type of case based on the Penitentiary alone, the fact in itself that 20% of
the cases from the Czech Iands belong to the De promotis et promovendis type
suggests that there was indeed a special situation. During the pontificate of Pius
ll (1458-1464), 6% of all the registered cases are of tbis we/3 among Central
Bastern European cases in 1464-1483 this type forms 9%, and in Germany in
1458-1471 only 5%25•
33 cases are not linked to the Hussites at all. They concem marriages
arnong relatives, accidents, de defectu natalium, or asking for confessional letters.
Among them, in one peculiar case, the exponens wanted the Eucharist in
the manner of the Roman curia,26 and three “butter letters“ (Butterbriefe) from
1474 and 1475, cases in which the exponentes ask to use butter and milk instead
of olive oil during a fast. 27
19 ASV, Penitenzieria 20 Ap., Reg. Matrim. et Div. , vol. 3, fol. 24v, 31r; RPG li, n. 21, n. 32.
21 It is understood without saying that the person should be in a position to ordain priests.
These cases are: 6 from 1439, 3 from 1440, 6 from 1441, 1 from 1443, 2 from 1449, 1 from
1457, 1 from 1458, and 2 from 1481; their connection to the Hussite movement is clearer.
The cases ofself-promotions are documented later (there is one case from each year 1455-
1457 and 1461-1463, 2 from 1465, 1 from 1470, 2 from 1471 and 1 from 1474), as
promoting oneself provided the priest with some time during which he could remain in the
office without (or before) applying for absolution. The influence ofthe Hussites on the selfpromotion
cases is less clear, as they include also typical cases (promotion in spite of an
22 impediment such as age) which are not always explicitly distinguished.
Paulus Nicolai in February 1441 (ASV, Penitenzieria Ap., Reg. Matrim. et Div., vol. 2, fol.
199v; RPG I, n. 575, n. 576) and Alexius de Melinez in September ofthe same year (ASV,
23 Penitenzieria Ap., Reg. Matrim. et Div. , vol. 2, fol. 268r and 268v; RPG I, n. 649, n. 651). 24 See the article by Kirsi Salonen in this volume. This information is taken from the unpublished database of the Central Bastern European
Penitentiary cases from the pontificate ofPaul li and Sixtus IV.
25 This nurober is based on the RPG IV-V (because volumes I-m do not have de promotis et
promovendis cases; vol. V, the so far last published volume, covers the pontificate of Paul
26 li; thus, the following pontiticate ofSixtus IV is not included).
Nicolaus Slepoticz, registered in 1450, ASV, Penitenzieria Ap., Reg. Matrim. et Div., vol.
3, fol. 142r; RPG li, n. 336.
27 In 1474 abbot Johannes Bawor (ASV, Penitenzieria Ap., Reg. Matrim. et Div., vol. 23, fol.
95r), and in 1475 Jaroslav of Stemberk (ASV, Penitenzieria Ap., Reg. Matrim. et Div., vol.
24, fol. 82v), and Catherina de Warkenstat (ASV, Penitenzieria Ap., Reg. Matrim. et Div.,
vol. 24, fol. 86v).
1 1 8
Such requests are surprising from a country where the official Catholic
faith had to fight for its existence, a country strictly divided and undergoing
transfonnations in its relation to the Holy See. They can be explained by considering
that the basic cause of the argument between the Holy See and the Hussites
was neither the way they served the Eucharist (the popes knew and stated
openly that the sub utraque specie was the practice of the early church), nor any
other theological issue. It was obedience. All Christians were required to subject
themselves to papal authority, and the Hussites were dangerous in giving the
primary authority to the Bible ( or their interpretation of it). Applying to the
Penitentiary, especially in cases when the person concemed was not immediately
threatened by excommunication, can thus be interpreted as a sign of obedience
to the Holy See, as support for the pope against the heretics.
As far as explicit mentions of the Hussites in the penitentiary are concerned,
the overview is incomplete because only the cases from the Czech Iands
and the explicitly Hussite-linked cases edited in RPG and BP have been taken
into consideration to date. Thus, one of the questions, which cannot be answered
before a careful inspection of the whole Penitentiary material has been completed,
is the spatial scope of the Hussite movement as reflected in the Penitentiary.
Rarely are the Hussites mentioned in the Penitentiary as a mere circumstance.
Johannes de Vroyken from the Lübeck diocese, for instance, married for
the second time in tempore quo rabies Hussitarum et hereticorum de regno Boemie
sevit in christianos fideles.28 Most often the danger they presented is
pointed out. Thus, for example, Laurentius Vethe from the Breslau diocese left
his monastery and, when crossing the Czech Iands, he put on secular clothes
propter discrimina viarum presertim patriam hereticorum Tabaritanum pretereundo?
9 Johannes Johannis Sagitarii wanted to be promoted in Zagreh as propter
seclas Boemorum redire ausus non est.30
Several people participated in the fights. If they were on the Catholic side
they never forget to stress that their enemies were enemies of the Catholics, for
instance, Hussiti heretici Bohemi et inimici dicte parochialsi ecclesie.31 Thomas
of Laa organized the burning of a heretic, because dicti heretici ecclesie delapidatores,
excisores linguarum sacerdotum predicantium verbum Dei erant et eos
castrarunt, immo tune quasi Germaniam impugnabant. Nicolaus Pfeffer was
only 1 0 years old at the time but participated in the burning by gathering the
28 Registered in 1440, ASV, Penitenzieria Ap., Reg. Matrim. et Div., vol. 2, fol. 146v; RPG I,
n. 527.
29 Registered in 1455, ASV, Penitenzieria Ap., Reg. Matrim. et Div., vol. 5, fol. 40v; RPG TII,
n. 49.
30 Registered in 1463, ASV, Penitenzieria Ap., Reg. Matrim. et Div., vol. 1 1, fol. 4 l lr; RPG
V, n. 3298.
31 Passau diocese, 1466, ASV, Penitenzieria Ap., Reg. Matrim. et Div., vol. 14, fol. 106r; RPG
V, n. 1996.
1 1 9
wood.32 Supporters ofthe Hussites were, on the other band, either too young, too
ignorant, forced by their masters, or they bad sincerely believed the errors of the
Hussites and were sorry now.33 (There is one exponens who fought altemately
on each side but did not provide details. 34)
Two cases concem George of Podbrady. They are both from 1475, four
years after bis death. In both, the exponentes ask for absolution for helping
George of Podbrady. On the one band, there is a noble woman, Katherina,
widow of Johannes de Werterberek, together with her son Sigismundus from
Din. on the other band, the brothers Jaroslav, Jifi, Jan, and Petr Borko. As
George was the steward of their property when their busband and father died,
they supported him materially in bis wars, and when he was excommunicated,
they were excommunicated, too. Both exponentes stress the subject position they
bad to George, but, at the same time, they call him tutor et defensor – perhaps
not only a forrnula, but an indication of a positive relationsbip. None of them
called George simply a heretic. Katherina said that tutor et defensor ipsorom
exponentum per processus aposto/icos propter heresim Wiclevistarum excomunicatus
fuisset. The brothers stated: pro heretico per processus aposto/icum
dampnatus et publice denunciatus fui sset.
The first case can be partly verified based on the surviving local sources:
there are mentions of Jan (Johannes) the Younger ofVartenberk on Din who
supported George of Podbrady. 35 Sigmund fought together with bis brother
32 Both men tumed to the Penitentiary at the same time as monks at Melk: October 24 and 27,
1451, ASV, Penitenzieria Ap., Reg. Matrim. et Div., vol. 3, fol. 253v and 254r; RPG II, n.
880, n. 881.
33 E.g., Hynolinus Andree who first became a priest but then married and joined the Taborites,
eorum erroribus credidit et contra christianos fideles unacum dictsi Taboritis armatus inteifuit,
but now he saw the truth, refused all the errores, hereses et superstitiones, and
wanted to remain priest (registered in 1442, ASV, Penitenzieria Ap., Reg. Matrim. et Div.,
vol. 2, fol. 326v; RPG I, n. 696); or Mauritius de Franconia from the Mainz diocese who
terras quorundam hereticorum intravit et seclas eorum tenuit et matrimonium cum quadam
muliere heretica illarum partium contraxit et consumavit et in eorum exercitu in sacris et
profanis /ocis cum i//orum fractione inteifuit et auxilium prestifit . .. , but now returned to
Mother Church (registered in 1463, ASV, Penitenzieria Ap., Reg. Matrim. et Div., vol. 1 1,
fol. 242r; RPG V, n. 1635).
34 • • • in guerris tam cum hereticis quam christianis, ubi plura homicidia et incendai eccl.
facte foerunt, inteifuit, et ad ea facienda mailium prestitit. (Willermus Rener from the
Passau diocese, registered in 1461; ASV, Penti enzieria Ap., Reg. Matrim. et Div., vol. 9,
fol. 116r; RPG IV, n. 1284).
35 The first mention comes from 1441. In 1448, Jan participated in George of Podl!brady’s
attack on Prague, in 1454 be was present at the council, in 1458 at the elections, in 1458 at
George’s attack on Jihlava (Iglau). The last mention is from 1459, at the occasion of
George’s visit to Cheb (Eger) (Palack:j, Dljiny, IV, passim). He probably died in 1464
(August Sedläcek, Hrady, zamky a tvrze knllovstvl leskiho, XIV [Castles, palaces and fortresses
ofthe Czech kingdom] (Prague: Argo, 1999), 83).
120
Krystof against king Matbias, even after the death of George of Podbrady.36 A
case from the diocese of Mainz concems a man who participated in fights when
rex Bohemorum, qui pro heretico tenebatur prout tenetur, ad presentem
civitatem Iglau hostiliter invasisset.31 These mentions, in my opinion, without
questioning the excommunication itself, reflect the awareness of the changing
attitude ofthe Holy See to George ofPodebrady.
Most of the cases where Hussites played an irnportant active role concem
the service sub utraque specie or in front of the excommunicated. This was
sometimes done by mistake or through ignorance, other times it was forced, as
in the case ofHermanus de Strelen from the Breslau diocese who coram quibusdam
Bohemicsi hereticis volen(ibus destruere eius ecc/esiam divina officia ce/ebravit.
38
Different types of direct force and generat influence of the Hussites can be
discemed in the case of Martinus Jacobi from the Prague diocese, who was affected
by the movement three times: He wanted to become a priest, but as the
Hussites were spreading in the land at the time, he followed the advice of bis
parents and relatives and married instead. But, because the sect was flourishing,
he felt bis life was in danger, went far away and lived with a certain widow.
Then he feil into the hands of the Hussites, who forced him to return to bis
proper wife:
. . . exponit, quod ipse olim vovit Deo et sanctis suis ad omnes
sacros ordines promoveri, sed quia heu secta Hussitarum et Bohemorum
presbyterorum et c/ericorum inimica superveniente de
consilio suorum parentum et consanguineorum, premisso voto non
obstante, quandam virginem . .. duxit in uxorem. . . . Exinde, cum
prefata secta supra modum et contra humanam naturam superhabundavit,
prefatus exponens, propter metum sui corporis ad a/ienas
et incognitas partes se transtulit ibique se cum quadam vidua
sibi ad serviendum pro competenti precio associavit, et cum ipse
cum prefata muliere aliquamdiu moram traxit ipsamque sepius actu
fornicatorio cognovit, et sie simul cohabitarunt. Post hoc idem exponens
in manus predictarum Hussitarum incidit, qui ipsum expo-
36 Sigismund is mentioned 1482 at the occasion of an agreement between Czechs and Saxonians
in Most; from 1485 onwards he attended the lawcourt (Palack.y, Dljiny, N,passim).
37 Registered in 1465, ASV, Penitenzieria Ap., Reg. Matrim. et Div., vol. 12, fol. 1 14v; RPG
V, n. 1962. In 1485, George of Podbrady attacked Jihlava (lglau) twice. The first attack
took place in July, but on July 22 bis army went to Austria. In October, after the end of the
fights in Austria, George’s army returned to Jihlava, and on November 15 George succeeded
in signing a peace treaty (see Macek, Jifi, 128; Urbänek, Ceslee dejiny lll, 394-395,
437-439).
38 Registered in 1460, ASV, Penitenzieria Ap., Reg. Matrim. et Div., vol. 8, fol. 186v; RPG
IV, n. 1271.
121
nentem, ut uxorem suam ita relictam more conthorali sub pena ignis
tractaret, compellerunt . . .3 9
However, on the way bome be got the news that bis wife bad died, and so he
promoted hirnself and now asked to be allowed to keep bis offices.
The number of Penitentiary cases is, nevertheless, so low that it is impossible
to make generalizations without taking into account other sources. There
is, bowever, one exception, one pattem, wbicb clearly stands out even from the
penitentiary alone: Many cases concem women, and, as I would like to argue,
the penitentiary reflects the cbange in their social position brought about due to
the Hussite movement. A number of sources from the time testify that women
became temporarily mucb more included in public, and even in theological
life.40 Catholic satires reveal the fear of this phenomenon, argue against the
‚emancipation‘, and stress tbe traditional role of women – they sbould sit at
home, cook, and take care of the children.
The Penitentiary shows, on the one band, female independence – while
from Central Eastem Europe some 2% of individual women applied to the
penitentiary,41 from the Czech lands it was 8%. They applied both in the usual
matters like de perpetuis, nuns leaving the monastery,42 women organizing their
marriage affairs,43 etc., and with special requirements.44 On the other band (and
39 This is the earliest Hussite-linked case I have found so far, recorded in 1439, ASV,
Penitenzieria Ap., Reg. Matrim. et Div., vol. 2, fol. 125r; RPG I, n. 202.
4() Cf. e.g. Bo!ena Kopikova, Historielee prameny k studiu postaveni ieny v ceske a moravske
stFedovllce spoleenosti [Historical sources for the study of the position of women in Czecb
and Moravian medieval society] (Prague: Historiclcy llstav, 1992); Anna CfsafovaKo1äfovä,
Zena v hnuti husitskem [Woman in Hussite Movement] (Prague, 1915). This
aspect of the Hussite movement has been also explored by John M. Klassen, Warring
Maidens, Captive Wives, and Hussite Queens: Women and Men at War and at Peace in
Fifteenth-Century Bohemia (New York: Columbia University Press, 1999).
41 The source oftbis number is, again, the Central Eastern European database.
42 E1izabeth de Blonden, a noble nun in the St. Claire’s nunnery in Krumlov was forced to go
to a different monastery, but sbe escaped from there to her parents. Registered in 1442,
ASV, Penitenzieria Ap., Reg. Matrim. et Div. , vol. 2, fol. 240r; RPG I, n. 388. She is
atrested also in LLOR IV, 455.
43 Catherina Fritzkowa promised to marry a certain Henricus but she changed her mind and
married someone eise (Prague diocese, 1463, ASV, Penitenzieria Ap., Reg. Matrim. et Div. ,
vol. 1 1 , fol. 281v; RPG IV, n. 1828). Elizabeth de Stanaw vowed after the death of her
busband that she would not remarry but she cbanged her mind (Olomouc diocese, 1474,
ASV, Penitenzieria Ap., Reg. Matrim. et Div., vol. 23, fol. 13r). Martinus Mercatoris bad
married a certain Barabara, who left him after she confessed to him that she bad been the
mistress of a priest and had children with him, then killed them all with her own hands; as
Martinus could not trace her, he bad remarried and wanted to remain in the new marriage
(Prague diocese, 1480, ASV, Penitenzieria Ap., Reg. Matrim. et Div. , vol. 29, fol. 185r).
44 E.g., a noble woman, Anna Mo§e z Re (spelled Musze de Rzecze in the Penitentiary
record), built a bospita1 in 01omouc, and, as its chape1 bad not been consecrated yet, she
asked for permission that a priest could serve masses there with a portable altar (registered
in 1466, ASV, Penitenzieria Ap., Reg. Matrim. et Div., vol. 14, fol. 210v; RPG V, n. 1240).
This woman is documented in two charters. On October 16, 1465 sbe gave her house under
122
more strikingly), women appear not only as exponentes but as crucial figures in
the narrative parts of the cases by male exponentes. Most of these women were
heretics, and they were not only independent but also powerftll and dangeraus
and thus presented serious complications.
Andreas Melczer, a Benedictine monk and priest gave the Eucharist to a
puella heretica under one specie, but then was imprisoned and forced by Jan
Rokycana45 (a Rokyzano perverso heretico) to give sub utraque specie.46
Jaroslav married Margarita knowing that they were related in the second grade,
and he consummated the marriage, as he said, in order to draw Margarita out of
a Hussite sect. If they divorced now, he claimed, she would certainly retum to
the sect:
… verum dictus Jaroslaus matrimonium consumavit, ut prefatam
Margaritham, que per prius secte Hussitarum erat, a dicta heresi
traheret; et si divortium fieret inter eos, gravia scandala versi imiliter
exoriri possent ac dicta Margaritha ad sectarn hereticam
rediret.41
This is, to my knowledge, the only case when a man desired to keep a heretic
wife.
Conradus Muratoris was forced by threats of bis master to marry a certain
Marta. He realized that she was a beretic, and she soon left him and joined a
sect. After ten years, when Conradus bad bad no news of her, he married a good
Catholic, Catherina, and bad children with her. But, after thirty more years,
Marta returned and insisted that he was her husband, while he wanted to remain
with Catherina.48
the Dominican monastery to the city of Olomouc, and a pay that should be used for
supporting the poor in this house (Olomouc City Archives, chart. n. 312, inv. 251). On
November 17, 1466 she made slight changes to the previous donation: the house should be
used for pilgrims (Olomouc City Archives, cbart. n. 323, inv. 261). For information about
these charters I am indebted to Antonin Kalous.
45 Jobannes of Rokycany (1390-1471), elected but never confirmed archbishop of Prague,
Ieader of the Calixtines.
46 Recorded in 1453, ASV, Penitenzieria Ap., Reg. Matrim. et Div., vol. 3, fol. 363v; RPG TI,
n. 1009.
47 Therefore, they applied to remain together or to be allowed to contract the marriage anew;
recorded in 1456, ASV, Penitenzieria Ap., Reg. Matrim. et Div., vol. 5, fol. 155v; RPG III,
n. 179.
48 Conradus Muratoris laicus Pragensis diocesis exponit cum ipse /aboribus manuum suarom
serviens cuidem nobi/i viro qui sibi mandavit ut matrimonium cum quadam Martha
contraheret quod facere ipse exponens recusavit e:x quo forsan dictus nobi/si de dignatus
eidem e:xponenti minatus fuit quod nisi matrimonium cum dicta Martha contraheret et
deinde sibi marita/i affectionem adhereret ac vite consuetudinum duceret, sibi oculos
cruceret et a/iis tormentis eum afficere ve//e minatus fuit huiusmodi igitur vi et metu
coactus et compulsus et timore huiusmodi tonnento etc. que a/iter evadere non sperabat
nisi voluntatem domini sui admi pleret et dieturn ta/e qua/e matrimonium /icet preter suum
consensum contrahere videretur pro ut eandem matrimonium ymmo potius contubemium
ad iussum et mandatum domini sui ibidem presenti per vim abso/utam cum ipsa Marta
123
Two more cases might refer to a woman leaving her busband and joining
tbe Hussites, even though heretics are not mentioned in them: Stephanus Petri
Cristophori from Pnbram married a certain Agna and lived with her for a year,
but tben, seduced by an evil spirit, sbe left him and committed adulteries and
other bad things. As the exponens was unable to trace her for fifteen years, he
became a priest.49 Nicolaus Cardonarii married Margarita, but she Ieft him and
lived far away with another man, and so, after seven years searching for her,
Nicolaus remarried.50
Nycolaus von der Gebtutner was imprisoned by heretics in Prague. Together
with two other men he was kept in a house of a heretic woman, who came
to him with a proposal: Ni si ducas me in uxorem etiam decapitaveris, et si me
ducere vsi ac matrimonium mecum contrahere intendis, te ab huiusmodi periculo
vite liberabo.51 So he married her, and sbe saved him while tbe otber two
men were decapitated. And now Nicolas did not want her any more!
contraxit et vite consuetudinem per aliquod tempus duxit cum ab ea evadere non potuit
ignorans eam facte heretice provitarum Bohemorum fore infectam pro ut infecta erat. Que
cum dieturn exponentem in fide Catholica firmum et stabilem esse ac perseverantem sciret
et diele secte inimicum eundem exponentem dimisit et ad Bohemorum hereticorum partes
aufugit. Qui exponens post decem annos vel circa nulla de dicta Marta memoria atque
fama ymmo ut mortuorum ymago a vita delecta reputata, matrimonium eandem cum alia
Catherina bona Catholica contraxit et carnali copulatione consumavit et pro/es procreavit
et per triginta annos vel circa cum eadem Catherina vite consuetudinem duxit. Qua Marta
post XL annos vel circa a suo ut premittitur recessu effl uxos ad exponentem est reversa
repetens eundem tamquam in suum mariturn legitimum cui ipse exponens ulterius adherere
recusavit ymmo apud sedem apostolicam per remedio oportuno se contulit. Et quamvis ipse
exponens aliter quam ut premittitur cum dicta Martha matrimonium non contraxit neque
aliter consenserat in eadem et eam hereticam fore ignoravit, a nonnullis ignorantes asseri
possit matrimonium cum dicta Catherina contractum non tenere neque pro/es ex ea
susceptas legitimas esse et ipsam Catherinam dirnillere et diele Marthe heretice adherere
debet . . . , ASV, Penitenzieria Ap., Reg. Matrim. et Div., vol. 31, fol. 96r-v. This case establishes
a clear contrast between Marta heretica and Calherina bona Catholica. That is done
for a clear reason: to present the choice ofthe exponens as the right one.
49 • • • Postmodum vero dicta Agna spirito melni o [I] seduta [!] a dicto exponente viro suo
legitimo recessit et ad partes alienas se transtulit adulteria et alia mala crimina forsan
pluries commitendo de quo recessu ipse exponens non modicum doluit et infra aliquot
annos inquisitiones necessarias ad dietarn Agnam inquirendam facere et inquirere non
cessavit, tarnen nuncione per testes fide dignos seu alias personas aliquam veram
informationem nec famam diele Agne invenire potuit de vita vel de morte ipsius Agne –
unde dci tus exponens videns quod erant qunidecim anni iam elapsi et ultra quod dicta Agna
ab dicto exponente recessit et interim nuncam noticiam habere potuit, et sie certificatus ad
omnes sacros ordines . . . , Registered in 1441, ASV, Penitenzieria Ap., Reg. Matrim. et Div. ,
vol. 2bis, fol. 216v; RPG I, n. 609.
0 ••• Ipsa mulier se ad alienas et ignolas partes cum quedam alieno viro transtulit et ab ipso
exponente per VII annos absens extitit et licet exponens dililgentiam sibi possibilem de
reperiendo ipsamfercavil de ipsa vita vel morte certifaceri non potuit . . . (Olomouc diocese,
1474, ASV, Penitenzieria Ap., Reg. Matrim. et Div., vol. 23, fol. 136v).
1 Registered in 1459, ASV, Penitenzieria Ap., Reg. Matrim. et Div., vol. 7, fol. 29lv; RPG
IV, n. 1758.
124
* * *
The Penitentiary records from Bohemia and Moravia from 1438 to 1483
reveal two anomalies: a high nurober of de promotis et promovendis cases and a
far greater participation ofwomen (whether as exponentes or included in the description).
Both phenomena are to be linked to the Hussite movement, which, on
the one band, disturbed the smooth functioning of the church organization and
thus complicated the promoting of priests, and, on the other band, involved
women and prompted their ‚emancipation‘. Besides these two basic pattems,
most of the Penitentiary cases describe sudden and radical decisions and events
in individual people’s lives: priests getting married and returning to priesthood,
nuns and monks leaving monasteries, wives leaving their husbands, laics fighting
against Hussites and then joining them, Catholic priests temporarily giving
sub utraque specie, etc. The country was indeed split. Y et, the Penitentiary not
only re-established the omnipresent divisions in the land at the time, but also
shows the specific diverse ways in which people lived between the contrasts,
ways in which they accommodated to the constantly changing conditions.
125
The Long Arm ofPapal Authority
Edited by
Gerhard Jaritz, Torstein J.ergensen. Kirsi Salonen
MEDIUM AEVUM QUOTIDIANUM
SONDERBAND XIV
Gedruckt mit Unterstützung der Kulturabteilung
des Amtes der Niederösterreichischen Landesregierung
nlederösterreicll kuHur
CEU MEDIEV ALIA 8
TheLongArm
of Papal Authority
Late Medieval Christian Peripheries
and Their Communication
with the Holy See
Edited by
Gerhard Jaritz, Torstein J0rgensen, K.irsi Salonen
Bergen · Budapest · Krems
2004
Copy Editor: Judith Rasson
Cover lliustration: Pope Pius II, Hartmann Scbedel, World Cbronicle (Nuremberg, 1493), fol. 250
Joint Publlcation by:
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ISBN 82-997026-0-7
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T ABLE OF CONTENTS
Abbreviations related to the collections of the Vatican Secret Archives . . ….. … 7
Preface . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . …. . . . . . . 8
Piroska Nagy, Peripheries in Question in Late Medieval Christendom . . ….. .. . 11
Kirsi Salonen, The Penitentiary under Pope Pius TI. The Supplications
and Their Provenance . . . . . . … . . . . . . . .. … . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . 19
Torstein Jergensen, At the Edge ofthe World: The Supplications
from the Norwegian Province of Nidaros . . . .. . . . . . . . . . . . . . . . . . . …. . . … . … 29
K.irsi Salonen, The Supplications from the Province of Uppsala.
Main Trends and Developments . . . .. . .. . . . . . … . . . . . . . . . . . . . … . . . . . . .. . . . . 42
Irene Fumeaux, Pre-Reformation Scottish Marriage Cases
in the Archives of the Papal Penitentiary . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60
Jadranka Neralic, Central Europe and the Late Medieval Papal Chancery . . … 71
Etleva Lala, The Papal Curia and Albania in the Later Middle Ages . …. . . . . . . . 89
Piroska N agy and Kirsi Salonen, East-Central Europe
and the Penitentiary (1458-1484) ……………………………………. 102
Lucie Dolezalova, „But if you marry me“: Reflections
on the Hussite Movement in the Penitentiary (1438-1483) ………….. 113
Ana Marinkovic, Socia1 and Territorial Endogamy
in the R.agusan Republic: Matrimonial Dispenses
during the Pontificates ofPaul li and Sixtus IV (1464-1484) ……….. 126
Gastone Saletnich and Wolfgang Müller, Rodolfo Gonzaga (1452-1495):
News on a Celebrity Murder Case . . . . . . . .. . . . . . . .. . . . . . . . . . . . .. . . . . . . . .. . . . 145
5
Blanka Szegbyovä, Church and Secular Courts in Upper Hungary
(Fourteenth to Sixteenth Century) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . 151
Ludwig Schmugge, Penitentiary Documents
from Outside the Penitentiary . . . . . . . . . . … . . . . . . .. . .. .. . . .. .. : …………… 161
Gerhard Jaritz, Patternsand Levels ofPeriphery? ………………………….. 170
List of Contributors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . .. . . . . .. .. . . . . . . 173
6
ABBREVIATIONS RELATED TO TBE COLLECTIONS OF THE
V ATICAN SECRET ARCHIVES
ASV = Archivio Segreto Vaticano
Arm. = Armadio
Congr. Vescovi e Regolari, Visita Ap. = Congrega zione dei Vescovi e Regolari,
Visita Apostolica
Instr. Mise. = Instrumenta Miscellanea
Penitenzieria Ap., Reg. Matrim. et Div. = Penitenzieria Apostolica, Registra
Matrimonialium et Diversorum
Reg. Vat. = Registra Vaticana
Reg. Lat. = Registra Lateranensia
Reg. Suppl. = Registra Supplicationum
Reg. Aven. = Registra Avenionensia
RPG = Repertorium Poenitentiariae Germanicum
7
PREFACE
The present publication contains selected papers from two international
conferences: the first was held at the Centre for Medieval Studies, University of
Bergen (Norway), in October, 20031 and the second at the Department of Medieval
Studies, Centrat European University, Budapest (Hungary), in January,
2004.2 The purpose of these meetings was to gather researchers interested in the
history and significance of the papal curia and, in particular, the Apostolic Penitentiary,
in the later Middle Ages. The main emphasis was placed on a comparative
approach and on the role of peripheral areas of Western Christendom in
their communication with the Holy See.
There are various kinds of centre-and-periphery hierarchies.3 There are
geographic, social, economic, and cultural peripheries and centres.“ The generat
textbooks … address materials from the geographical and social peripheries of
privileged cultures only as adjuncts to their central narrative …. The history of
Scandinavia and Eastern Europe become excursus to a central narrative.'“‚
However, conceming the communication of the Holy See with various areas
of Christendom in the Middle Ag es, the irnpact of ‚peripheries‘ has attracted
a new interest in recent years. Since the opening of the archives of the Apostolic
Penitentiary to researchers in 1983 relatively few scholars have exploited the
sources, but recently their number has increased. Most of them have studied the
supplications to the Penitentiary of petitioners from their own home countries
and edited material on a national basis. The German Historical Institute, under
the leadership of Ludwig Schmugge, has already published several volumes of
entries concerning German-speaking territories. Also, the Norwegian and Icelandic
material has recently been released by Torstein Jßi’gensen and Gastone
Saletnich. Sirnilar enterprises are in process in several other countries: Poland,
Denmark, Sweden and Finland, England and Wales. The examination of territo-
1 „The Lote Middle Ages and the Penitentiary Texts: Centre and Periphery in Europe in the
Pre-Refonnation Era.“
2 „Ad Confines. The Papal Curia and the Eastern and Northern Peripheries of Christendom
in the Later Middle Ages(l41h
– 151h c.).“
3 For this and the following, see Teofilo F. Ruiz, „Center and Periphery in the Teaching of
Medieval History,“ in Medieval Cultures in Contact, ed. Richard F. Gyug (New York:
Fordham University Press, 2003), 252.
4 Ibidem, 248.
8
ries on the geographic peripheries in their relation to Rome has been a main focus
in these studies.
The archival material of the Penitentiary and the communication of the
papal curia with the various regions of late medieval Europe should, however,
not be studied only on national Ievels. There is an increasing need for such
studies to be supplemented by comparative searcbes for differences and analogies
in how Christians from different corners of Europc used the papal offices
and were treated by them. It is well known that even though the regulations of
canon law were in theory the same for everyone, regional differences in interpreting
and applying them emerged in the Late Middle Ages. The need to turn to
the papal authority in matters of canon law varied depending on the role of local
bishops and the presence or absence of papal Iegates or collectors, who often
bad the power to deal with similar matters in partibus. Also, people in the
centml territories of Christendom bad different opportunities for turning to the
papal curia with their requests than those living on the peripheries of the
Christian world.
Questions like these played the central role in the discussions of the two
conferences noted above. In this book we will render an overview of the present
status of this new field of research. As an introduction, Piroska Nagy deals with
the question of how to apply centre-periphery models to a comparative analysis
of the sources. Kirsi Salonen uses the Penitentiary registers from the period of
Pope Pius II to analyse the supplications, their provenance, and the role of peripheries.
Two peripheral parts of late medieval Europe and their significance concerning
the communication with the Holy See represent the main part of the
publication: Northem Europe and East Central Europe. Comparative analyses of
Scandinavian and Scottish source material from the Penitentiary Registers are
made by Torstein Jsrgensen, Kirsi Salonen, and lrene Fumeaux. The studies on
East Central Europe are introduced by an inquiry concerning the general importance
of the area for the papal curia (Jadranka Neralic), and an overview of the
communication of the Holy See with Albania (Etleva Lala). Piroska Nagy and
Kirsi Salonen offer a quantitative analysis of East Central Europe and the Penitentiary
(1458-1484), followed by contributions on individual territories, such
as the Czech Iands (Lucie Dolezalova) and Dalmatia (Ana Marinkovic). The
contribution by Gastone Saletnich and Wolfgang Müller indicates that in any
studies of the roJe of peripheries one must not neglect the more central areas.
Blanca Szeghyova and Ludwig Schrnugge show that local archives and their
contents are an indispensable additional source for comparative analyses.
Many friends and colleagues have helped in preparing this book for print.
We are pleased to thank the personnet of the Penitenzieria Apostolica, especially
Padre Ubaldo Todeschini, for reading the manuscript and suggesting useful corrections.
We are also much obliged to the skilled staff of the Sala di Studio in
the Vatican Archives, who patiently brought us volume after volume of the reg-
9
isters and helped with other problems. Judith Rasson from Central European
University deserves our gratitude for copyediting our text.
Finally, we wish to thank the academic institutions which in a more direct
way have promoted this project: the Centre for Medieval Studies at the
University of Bergen, the Department of Medieval Studies at the Central
European University in Budapest, the Institut filr Realienkunde of the Austrian
Academy of Seiences and the Academy of Finland, and the Department of History
at the University ofTampere.
Bergen, Budapest, and Tampere, November 2004
Gerhard Jaritz, Torstein Jergensen, Kirsi Salonen
10
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