plik

Contents

Preface . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7

Ármann Jakobsson: Conversion and sacrifice in

the Þiðrandi episode in Flateyjarbók . . . . . . . . . . . . . . . . . . . . . . . . . . 9

Ásdís Egilsdóttir: The Hermit and the Milkmaid. The Tale of

Ásólfr in Landnámabók and Ólafs saga Tryggvasonar en mesta. . . . 23

Wojciech Bedyński: Some Social Aspects of the Christianization

of Ireland . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33

Olga Belova: The Choice of Faith in Eastern European Folklore . . . 41

Frog: Shamans, Christians, and Things in Between:

From Finnic-Germanic Contacts to the Conversion of Karelia . . . . . 53

Leszek Gardeła: The Dangerous Dead? Rethinking Viking-Age

Deviant Burials . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 99

Remigiusz Gogosz: Laws of Pagans and their Conversion

in the Works of Paweł Włodkowic. . . . . . . . . . . . . . . . . . . . . . . . . . 137

Terry Gunnell: From One High-One to Another: The Acceptance of

Óðinn as Preparation for the Acceptance of God . . . . . . . . . . . . . . . 153

Anna Kaiper: What Was he Looking for and What did he Find?

Eiríks saga víðfọrla as a fornaldarsaga. . . . . . . . . . . . . . . . . . . . . . 179

Karol Kollinger: St Bruno of Querfurt and His Account of a

Mission to the Pechenegs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 187

John McKinnell: Heathen Gods and Christian Kings . . . . . . . . . . . 203

Julia Możdżeń: “Von ihrem irtumb und seltzam wan noch heutt in

tagk”. The role of real life experience in the records of the Prussians

made by Szymon Grunau (Mid-15th century-1529/30) . . . . . . . . . . 223

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Undine Ott: Medieval Conversion Narratives from East Central

Europe and Central Asia: A case study on the Arpads and the

Qarakhanids . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 265

Vladimir Petrukhin: Sacral Kingship and the Judaism

of the Khazars . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 291

Jens Peter Schjødt: The Christianisation of the North –

a New Kind of Religiosity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 303

Rudolf Simek: Álfar and Demons, or: What in Germanic Religion

Caused the Medieval Christian Belief in Demons? . . . . . . . . . . . . . 321

Leszek Paweł Słupecki: Where did St Adalbert (Wojciech)

go to Preach the Gospel and Where did he Die? . . . . . . . . . . . . . . . 343

Szymon Wierzbiński: From Pagan Vikings to milites Christi . . . . . 357

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137

Laws of Pagans and their Conversion in the
Works of Paweł Włodkowic.

Remigiusz Gogosz (Rzeszów)

One of the most outstanding and forgotten personalities of medieval Polish
history who is only known to few scholars in medieval historiography is
Paweł Włodkowic from Brudzewo who was a lawyer and rector of the
Jagiellonian University/Cracow Academy.
For

years

Włodkowic was almost completely ignored by Polish

historiographers even though his contribution in the field of law was
enormous. His greatest works were written during the time of the Council in
Constance in the years 1414-1432 where Paweł served as the defender of
Poland in the dispute with the Teutonic Order.
In

the

century there was as yet no international law, in the modern

sense of the word, and the only law which was in force between states, of
which none recognized the other as its superior, was the law which was
enforced by the Catholic Church. It was on the basis of this law that Paweł
Włodkowic formulated his conclusions on peaceful coexistence and peaceful
settlements of international disputes, also concerning conflicts with pagan
states. These ideas also correspond to the state of international relations that
are aimed at a large portion of the present international community, despite
the powerful resistance on the part of those who believe in the doctrine of
force. He is one of the most outstanding and also forgotten personages of
Polish and world medieval history.

The biography of Paweł Włodkowic, though rich, has a lot of gaps. The
place and date of his birth are unknown. He called himself Paweł from
Poland, however others called him the son of Włodzimierz from Brudzewo
from the Dołęga house which makes him Paweł Włodkowic. It is known that
Paweł was born c. 1370.

Other members of his family are also unknown. He

started studying at the University of Prague in 1389 and got a bachelor degree
and in 1393 he became a master of artes liberales. Furthermore he studied
law and in 1396 he got a bachelor degree in canon law. He also took the holy

Paweł (eng. Paul; lat. Paulus) Włodkowic (son of Włodzimierz).

For information about Polish intellectual life in the late Middle Ages, see:

Krzysztof Ożóg: Kultura umysłowa w Krakowie w XIV wieku. Wrocław:
Ossolineum 1987; Krzysztof Ożóg: Intelektualiści w służbie Królestwa Polskiego
w latach 1306-1382. Kraków: Nakł. Uniw. Jagiellońskiego 1992.

Eugenia A. Wesołowska: Paweł Włodkowic – współczesne znaczenie poglądów i

dokonań. Płock: Wydawnictwo Naukowe Novum 2001, 7.

138

vows and in 1389 he became a Poznanian scholastic and two years later a
canon of Płock. After three years he took up studies of law at the University
of Padua, where in 1408 he received another degree, the bachelor of canon
law. In Italy he worked in the Roman curia in which he acted as a stand-in for
Piotr from Kobylino performing the duties of a prosecutor to the Polish king
in the case against the Teutonic Order.
A few very important and influential people had a significant impact on
his ideas and writings. These included his master from Poland, Stanisław of
Skarbimierz,

the lawyer Peter de Ancarno and Pope Innocent IV (Sinibaldo

Fieschi), who was directly related to Paweł’s master Francisco de Zabarella,
who would later become cardinal of Florence. He also referred to the works
of Thomas Aquinas, William of Ockham and Oldradus de Ponte, the famous
Italian lawyer, and other prominent lawyers and theologians.

In his works, Paweł Włodkowic disputed with Henry de Segusia, cardinal

of Ostia, who stated that infidels cannot reign over states and that war against
them is always just and are allowed to be fought by Christians. He argued
also with Jan Falkenberg and Jan Frebach, as both of them were working for
the Teutonic Order and wanted to discredit Poland and Paweł by writing
slanders during the Council.

1. Background

Firstly I would like to present a short political background to explain why
Polish representatives were present at the Council and what the reason for the
dispute with the Teutonic Order was. In 1226 the Polish duke Konrad
Mazowiecki started negotiations with the Teutonic Order and two years later
he gave his northern lands, close to the pagan Prussian tribes which were
attacking his property, to the Order. The Teutonic Order was supposed to
defend the lands against these pagan tribes. Until 1308 the Teutonic Order
had peaceful relations with the Polish dukes, but in this year the Order took
over the rule of Gdańsk, Pomerania by treason and thus a long period of war
between the Polish ruler and the Teutonic Order began. During the war two
armies

fought a battle at Połowce in 1333 and although the battle ended with

a draw it had a huge psychological effect on the Polish people

as they

understood that the Teutonic Order is not invincible. In 1385-86 the union
between Poland and Lithuania was established in the person of Władysław
Jagiełło

who had to accept Christianity in order to marry Polish queen

Jadwiga from Anjou house (doughter of King Louis I of Hungary). But after
his baptism he was accused of being crypto Christian and tension between
Poland and the Teutonic Order started to reach the final point. In the years

Modern name: Skalbimierz.

139

1388-1398, the Teutonic Order was at war with Lithuania and tried to bring
Lithuania into its sphere of influence, but all they accomplished was gaining
the Żmudź region, not an easy region to hold because of many uprisings
supported by prince Witold, cousin of Jagiełło from Lithuania. Events
reached their climax in 1409 when the Teutonic Order declared war on
Poland. The most important direct confrontation happened on 15

July 1410

when armies met in the fields near Grunwald. It was one the largest medieval
battles which Poland and Lithuania won. After the battle rest from the army
of the Teutonic Order escaped to Malbork. Jagiełło did not use the
opportunity and the campaign ended with the failed siege of Malbork and
without any territorial seizure. Peace of Toruń in 1411 gave to Jagiełło
Dobrzyń Land and Żmudź to the Lithuania. But after that war the Teutonic
Order never regained its previous power and tried to discredit Poland and
Lithuania through propaganda they used the help of the pagans which is not
what Christian countries usually did. Poland still wanted to get back the lands
which had been taken over by the Teutonic Order.

Conflict did not end and

in 1454 a new war started. This time the Teutonic Order was totally defeated
and after the second Peace of Toruń, in 1466, the Order was secularized and
fell under the jurisdiction of Poland in 1525.

After this short presentation of the background I would like to present

Paweł’s view on the rights of pagan states, because his papers that he
gave to the Council participants were the first official representation of
this right before such an important body as the Council. Paweł
Włodkowic presented the Council with his thoughts which were
formulated in such a way as to make an attempt at codifying the
principles of the law concerning the relations between crusaders and
pagans. These basic principles are the foundation of international
relations in the modern sense. I analyzed only those works which were
definitely written by Paweł Włodkowic and were published by Ludwik
Ehrlich in three volumes.

In this article I also used English translations of

Paweł’s works.

For more information about the Great War between Poland and the Teutonic

Order, see: Stefan Kuczyński: Wielka wojna z Zakonem Krzyżackim w latach
1409-1411. Warszawa: Wydawnictwo Ministerstwa Obrony Narodowej 1980;
Sven Ekdahl: Grunwald 1410. Studia nad tradycją i źródłami (transl. Maciej
Dorna). Kraków: Avalon 2010; Jadwiga Krzyżaniakowa / Jerzy Ochmański:
Władysław II Jagiełło. Wrocław: Ossolineum 1990; Zenon Hubert Nowak:
“Dyplomacja polska w czasach Jadwigi i Władysława Jagiełły (138-1434)”, in:
Gerard Labuda (ed.): Historia dyplomacji polskiej. Warszawa: Państwowe
Wydawn. Naukowe 1980.

Ludwik Ehrlich (ed.): Pisma wybrane Pawła Włodkowica, 3 vols. Warszawa:

Instytut Wydawniczy PAX 1966-1969.

140

While constructing his treatises, Włodkowic focused on three laws which all
people are bound to, including rulers and popes. He listed God’s law, natural
laws

and laws made by rulers. All of them are inalienable and concern

everyone and every institution.
In his first work Seaventibus, presented to the members of the Council in the
year 1415, Paweł clearly stated that he takes responsibility for the contents of
the work and also that they are the results of his thoughts as a scholar.

2. Laws of pagan states

Paweł, as Jan Krajczyński correctly observed, used the example of the
Teutonic Order, which in his opinion was guilty of lawlessness, to present
arguments against the legality of its behavior. He thus had the opportunity to
make his statement about infidels reigning sovereign states and wielding
rulership over their state.

Paweł Włodkowic believed that every state, even those under the government
of a pagan ruler, is subject to internationally applicable unwritten laws which
apply to everyone. According to him a state is given to the government of the
people by God and no one can challenge this law.
Interpreting God’s law, Paweł Włodkowic writes the following about laws of
pagan states:

infidels can licitly, without sin have dominions, possessions and jurisdiction,
because these have been made not only for the faithful, but for every
reasonable creature, as above. From this it is inferred, according to Innocent,
that it is not allowed to take away from infidels their dominions, possessions,
or jurisdiction, because they posses them, without sin, and by God’s
authority.

And because pagans has their states on the basis of natural law of

The idea of natural law in the Roman Catholic Church is set forth by Thomas

Aquinas in his Summa Theologica. Questio 94. For more information see: Richard
J. Regan (transl.): Thomas Aquinas: Treatise on Law. Indianapolis: Hackett
Publishing Company 2000.

Ludwik Ehrlich: Rektor Paweł Włodkowic. Rzecznik obrony przeciw krzyżakom.

Kraków: Nakł. Uniw. Jagiellońskiego 1963, 21.

Jan Krajczyński: “Pozycja prawna nieochrzczonych w doktrynie Pawła

Włodkowica”, in: Prawo Kanoniczne 50 (2007), 185-212: 189-190.

Ehrlich: Pisma wybrane Pawła Włodkowica, vol. 1, Saevientibus, 13:

Innocentius quod dominia possessiones et iurisdicciones licite sine peccato
possunt esse apud infidels hoc (!) enim nom tantum pro fidelibus sed pro qualibet
racionabili creatura facta sunt (us supra). Ex hoc infertur secundum Innocencium
quod non licet infidelibus auferre dominia sua possessions vel iurisdicciones quia
sine peccato et Deo auctore ea possident.

141

nations and have them just, that’s why it is not allowed to occupy their
states.

Paweł adopted here the doctrine formulated by Pope Innocent IV. Innocent
stated that the world belongs to God who has subjected it to the government
of man and that originally all was common but later things began to belong to
those who first gained possession of them. The pope thus declared that
infidels hold states lawfully and without sin and it is not permitted to attack
them unless there is a legitimate cause for starting a war. Paweł explained that
the Emperor has no right to authorize any monarch to seize lands from a
pagan ruler who does not recognize him as his monarch and that the pope
should tolerate pagan authority in these lands. He justified this right – to the
emperor –

because his power is not primary but subordinate and secondary, in other
words (he has) only he exercise of such power.

Also the pope cannot, licitly

donate land of infidels absolutely and in general, to the said brothers or to others,
without a just cause, because this would be against natural and divine law.

Paweł, referring to Innocent IV, also explains that in cases when people under
pagan rule convert to Christianity but the ruler does not, his power over those
people should be tolerated by the pope.

He instructs the pope not to

deprive those infidels of their dominions without a legitimate cause or without
previously applying such legal procedure, and consequently unjustly, because
this seems repugnant to natural and divine law.

Later he wrote that the faithful should accept the reign of infidels over them.
He relates this from what Christ says in the New Testament: “Render

Op. cit., vol. 2, Quoniam Error, pars I, 229: Et quia pagani sua dominia iure

naturali gencium possident atque iuste ideo non possunt eorum dominia licite
occupari.

Op. cit., vol. 1, Opinio Ostiensis, 127-128: quia apud ipsum non est potestas

primaria sed subordinata et secundaria, sive exercicum tantummodo huiusmodi
potestatis.

Quoniam Error, pars I, 226: Et quarnvis eciam papa supremus Dei vicarius est

in terris, non tamen donare licite potuit terras infidelium absolute et generaliter
dictis fratribus vel alijs, neque potest, sine iusta causa quia hoc esset contra ius
naturale et divinum.

Seaventibus, 38.

Quoniam Error, pars I, 308-309: licitum Ipsos infideles privare suis dominijs

sine causa legitima aut tali iuris ordine non premisso et per consequences iniuste,
quia hoc repungnare videtur naturali iuri et divino.

142

therefore unto Caesar what is Caesar’s.”

By those words, in the opinion of

Jan Krajczyński, the Polish lawyer instructed that the laws of ruling pagan
kings should be accepted as lawful (this case also includes the reign of pagan
princes over Christians). Włodkowic stated it again in Quoniam error giving
as an example the attitude of Joseph and Maria, who submitted themselves to
the census directed by the pagan emperor; the declaration made by the saint
Maurice and his companions to the Emperor Maximilian in which the
aforesaid men directly state: “we are your soldiers, Emperor”;

Jesus’ direc-

tive to the Apostles, in which he told the twelve that in case they face kings
and pagan governors, not to meditate on their defense;

the behavior of

Christ in the face of the governor Pilate;

the appellation by saint Paul the

Apostle at the Emperor’s court;

the directive of the first Roman bishop in

which he demanded his brothers in faith to recognize in the personalities of
pagan kings and governors their legitimate lords and superiors;

the request

of the Apostles of the Nations to raise the prayers for those who hold the
power in all Christian communities

– also proving by this, that in

accordance to the preaching of the Church

“there is therefore with gentiles

true kingdom and natural dominion, distinct from the dominion of the
Church”.

In the last of his works, The Letter to the Bishop of Cracow,

Paweł makes reference to God’s ten commandments, thou shalt not steal and
thou shalt not kill, adding that “no one of sound mind doubts that infidels
have just dominions and (that they have them) by the natural law of
nations”.

3. War against pagans and their assistance in war

Paweł expressed his opinion about wars against pagans and about their
assistance in warfare. In his writings about war he used the terms of just and
unjust war and their place in history. His statements are contrary to the

Quoniam Error, pars II, 338: Reddite ergo que sunt Cesaris Cesari.

Op. cit., 338: Milites sumus, Imperator.

Op. cit.

Op. cit., 339.

Op. cit., 339-340.

Op. cit., 340.

Op. cit.

Krajczyński, 196.

Ad videndum. Scriptum magistri Pauli ad impugnandum privilegia Cruci-

ferorum, 178: Igitur apud gentiles est verum regnum et dominium naturale, contra
dominium Ecclesie distinctum.

Ad Episcopum Cracoviensem, 203: cum tamen nullus dubitat sane mentis apud

ifideles esse iusta dominia ac de iure gencium naturali.

143

opinion of Henry de Segusio and he does not agree with the statement that
with the coming of Christ all power and possession will pass into the hands of
Christians anyway and that any war with non-Christians, who do not
recognize Christ’s Imperium is therefore just.

Włodkowic states that it is forbidden to attack and fight infidelibus

pacificis (“peaceful infidels”)

because it is an unjust war and moreover

“when attacking those others who want to live in peace they are opposed by
every law, to wit, the natural, the divine, the Canon and the civil (law)”.

Using an example from his experience with the Teutonic Order Paweł
opposes the statement that:

A religious order generally instituted to fight against infidels cannot start war
against infidels for any special cause whatever unless there shall also have come
from a superior special authorization for this.

As Paweł claims, the faithless who do not know the reason why they are
under attack can with all legality oppose the attack, because they have a
natural duty to protect themselves.

It is not allowed to attack pagans which

do not accept a pope or an emperor’s rule, whose

asserts are therefore resisting, pertinacious and rebellious etc. (…) this is not
only erroneous in morals, because thus is taught and recommended such an
oppression which is unjust and contrary to natural law, but it also seems to be
heresy because it violates the commandment to keep peace…

As for war with the pagans, Paweł permits it only if there is just cause and
attack can only be ordered by the judgment of the papal court on the basis of a
trial, and only then when Christians are being treated badly by the superior
power of the pagan.

This kind of case he sees in the war of Christianity to

get the Holy Land back, because it was legally taken by the Roman Emperor

Opinio Ostiensis, 113-114.

Op. cit., 128.

Op. cit.: impugnantibus illos in pace degere volentes omne ius resistit scilicet

naturale divinum canonicum et civile.

Quoniam Error, 305: Religiosus ordo generaliter ad militandum institutus

contra infidels non potest movere bellum infidelibus ex quacumque causa speciali
nisi eciam auctoritas superioris intervenerit ad hoc specialis.

Op. cit., 310.

Quoniam Error, pars II

334-335: asserit ideo resistentes partinaces et rebelles

etc. (…) non solum est in bonis moribus erroneum in eo quod sic decetur et
suadetur iniusta hominum oppresio ac iuri naturali contraria sed eciam in eo
quod violat preceptum de pace servanda.

Seaventibus, 33; 88; Opinio Ostiensis, 120.

144

after Christ’s death. The Pope is justified to regain control of these lands
because of his governance over the Roman Empire and because it was taken
from him in an unjust way.

4. Cooperation with pagans in warfare

Further Paweł Włodkowic described the situation of receiving assistance
from pagans in times of war. He probably had the assistance of infidels
during the war between Poland and the Teutonic Order in mind, but his
declaration and statement should not be observed solely through this
particular example. According to Jan Adrzejów, Włodkowic quotes:

I consider that peaceful infidels, not having active or passive war with us, can
in case of imminent necessity be legally called upon, otherwise not, that is
(not) if war is successful or if our war is unjust, or if it is just but necessity is
not urgent.

Further: Likewise, conversely, in a just war infidels are aided by

the faithful. Likewise, in cases of necessity we communicate with the
excommunicated. Likewise, for the defence of crops we employ the art of
magicians which is condemned by both Testaments.

Any heathen country which is not already either actively or passively engaged
in war can help another country in its just war, even if the former is not
accepted by the Church.

5. Laws of pagans

It is worth mentioning that during the Council in Constance Włodkowic also
presented and urged a number of laws which the pagans should have. He
boldly states:

When infidels want to live peacefully among Christians, they should not be
molested in persons and property (…) Hence a ruler sins if he despoils them
without cause, and not even the Pope should take away from them their goods,
nay, he should tolerate them as long as he can.”

To another question, viz.,

Seaventibus, 21.

Op. cit., 75: Puto infidels pacificos non habentes gwerram active vel passive

nobiscum necessitate iminente licite posse vocari alias non, scilieet si gwerra
vigeret vel nostrum bellum est iniustum, vel iustum sed non urget necessitas.

Op. cit., 76-77: Item propter necessitate communicamus excommunicatis. Item

ad defensionem fructuum utimur arte mathematica utroque testament dampnata.

Op. cit., 9: est dicendum quod postquam infidels inter Christianos volunt vivere

pacifice nulla molesta in personis et rebus est eis infrenda (…) Peccat ergo

145

whether justice should be administrated to an infidel who demands before a
Christian judge the return of a thing robbed or carried off.

Paweł wrote: “it is answered that it doubtless is so according to the true

opinion of Innocent, because, they, as we, have just dominion of things.”

In a case of judging an unfaithful people, [they] are to be judge only by natural
law, and with respect to the Pope, whose power is subject to natural and divine
law.

To an infidel who demands before a Christian judge the return of property

robbed or taken, justice must not be denied. Reason: according to [pope]
Innocent, because they also have just dominion over things.

We can see the conclusion that Paweł considers pagans as members of
society equal to Christians, which in spite of the fact that they do not accept
the reign of an emperor or pope over them, in cases of judgement they have
the same law as faithful people.

6. The reign of a pope and/or emperor over pagans

Paweł, of course, was a priest and a person who was loyal to the Church. He
made a thesis in which he gave the papacy some rights towards pagan states.
Namely

if pagans treat Christians badly, the Pope can by judgment even deprive them
of dominion and of justification which they have over Christians, and can thus
except (…) but it must be a great cause for which the Pope goes so far…

dominus si sine causa eos spoliet ymmo nec papa debet eis bona auferre, quin
ymmo debet eos quam diu potest eos tollerare.

Op. cit., 79-80: Ad aliam questionem scilicet utrum infideli repetenti coram

iudice Christiano rem raptam vel subtractam ministrari debet iusticia:
Respondetur quod non est hoc dubium secundum veram opinionem Innocenti qua
iusta rerum dominia ita sunt apud eos sicut apud nos.

Quoniam Error, 226: (…) infidelium qui dumtaxat naturali iure sunt censendi

quam racione pape cuius potestas naturali iuri et divino est subiecta.

Opinio Ostiensis, 134: Infideli rem raptam vel subtractam repetenti coram

iudice Christiano non debet iusticia denegari. Racio: secundum Innocencium quia
iusta rerum dominia sunt eciam apud ipsos.

Seaventibus, 33: ymmo eciam si male tractant Christianos dicit Innocencius

potest eos papa per sentenciam privare dominio et iurisdiccione que super
Christianos habent; et ita potest eximere quod videtur fieri ex privilegio et potest
privare que privacio fit de iure (…) magna causa debet esse propter quam papa
ad hoc veniat debet enim papa sustinere…

146

It should be noted that Paweł requires from punishment by the Pope the form
of a sentence, which presupposes judicial proceedings, and these include the
right of defense. A pope can also renounce the inflicting of a punishment if it
can cause depravation or danger.

In Włodkowic’s opinion, pagans and

unfaithful people are embraced by God’s word. He explained this with
Christ’s words “Pasture my sheep”, and the fact that the first Pope was an
apostle.

By this term the Pope has the duty to care for the pagans and

unfaithful given to him by Christ.

He cannot punish them unless they were

about to sin against the natural law, but

[the Pope] can punish infidels who worship idols, because it is natural to
worship one God alone, the Creator, and not creatures

and if they occupy

lands of Christians, if they hamper Christians in the cult of the true God, or if
they oppress them, if they do not admit preachers of the Gospel, or else if they
do not permit Christians to live among them in peace, if they worship one sole
God Creator of everything, not to worship creatures.

Paweł explains also why neither a Pope nor an Emperor has all the power
over pagans:

And since a law is not obligatory except for one who is actually subject, the
divine law which infidels never accepted has not constrained them to such an
actual subjection, and consequently neither has canon or civil law. Since
therefore they do not seem obligated by any law to obey the Pope, it follows
that neither are they (to obey) Emperor, whose power is subaltern and
dependent on the Pope’s.

Therefore, in the case of heathens, Paweł states that beyond every law is
natural law because they do not know divine law and also they do not

Op. cit., 30.

Quoniam Error pars II, 333: Pasce oves meas.

Op. cit., 332.

Seaventibus, 29: Papa potest punier infidels colentes ydola natural enim est

unum solum Deum creatorem colere et non creaturas.

Op. cit., 226-227: scilicet si christianorum terras occupant si impediunt

Christia nos in cultura vei Dei vel opprimunt, si predicatores Ewangelij non
admittunt, vel si inter se Christianos habitare in pace non permittunt, si ydola
colunt cum natural sit unum solum Deum colere creatorem omnium non
creaturas.

Op. cit., 361: Ea cum lex non obligat nisi actu subdiium, lex divina quam dicit

infidels numquam receperunt eos ad subieccionem huiusmodi actualem non
artavit at per consequens nec lex canonica vel civilis. Cum igitur obedise pape
nulla lege obligari videntur sequitur quod nec Imperatori cuius potestas est
subaltern et dependens ab illa.

147

recognize laws given to them by Popes or Emperors. On the one hand,
Christians do not have laws to rule over the heathens when they are not
citizens of their country, but on the other hand the same also applies to pagans
and their rule over Christians. Paweł here again bid for objectivism and
explains his arguments in an honest way.

7. Spreading God’s word among the pagans

In his arguments in Constance, Paweł Włodkowic focused not only on a
defense of the Polish rights against the Teutonic Order nor on a defense of
accusations against his person and works but tried to advise, or rather sug-
gest that the Council rethink, how to spread faith among pagan states. On this
matter he often repeated that conversion by force is inappropriate behavior.
According to Paweł’s beliefs, people from the West adopt false thinking
which is coming into custom and should not be tolerated. Namely, that
Christians are gathering

to attack infidels because they are infidels; whether it be said that this is for
the purpose of spreading Christian faith. Later he warned: since under the
pretext of piety, impiety should not be done.

And further he wrote that it should not be allowed to force the unfaithful by
weapon or by pressure to the Christian faith, because this procedure is
harmful to neighbors, and one should not do bad things to achieve good
results. Włodkowic allows war only when it is accidentally and indirectly
disturbs the spreading of Christian faith. But the Pope and an Emperor cannot

licitly give to anyone the faculty of invading infidels, subjugating them, and
seizing their dominions, absolutely and directly because of spreading the
Faith, not having regard first and principally to some cause of a just war.

In Włodkowic’s opinion about the acceptance of faith the biggest influence is
free will. People have to want to be converted. Only this is a pure conversion
into the Christian faith, “because God’s grace alone is valid in this vocation,
as the canons say, yet the Pope may order infidels that in their lands they

Op. cit., 61: ad inpungnandum infideles ex eo quia infideles sive hoc dicatur

causa fidei Christiane ampliande.

Op. cit., 311: Non potest licite Papa neque Imperator dare alicui facultatem

infidels invadendi eos subiugandi et eorum dominia occupandi absolute et
immediate causa fidei ampliande non habito respect ad aliquam causam primo et
principaliter iusti belli.

148

admit preachers of the Gospel”.

Here, he refers to free will linking it with

God’s grace, which can help in conversion.

Włodkowic clearly explains why the unfaithful should not be forced to
convert into the Christian faith. Pagans

are to be induced by arguments and exhortations, but if they were to learn that
under our divine law they are not lords of their things and these can without
sin be taken from them, they would certainly become more wicked in their
disbelief and would be drawn away from our faith by justifiably fearing the
loss of their goods. Likewise, if the Church tolerates their persons in their
infidelity, and marriages, and similar other things, why not the same in
jurisdiction, dominions and good which they possess?

8. The later life of Paweł Włodkowic

After the Council, Paweł Włodkowic was still engaged in the Polish-Teutonic
cases. He had influence on the content of the letters to the judge in the case,
Sigismund of Luxemburg.

Later, back in Rome in 1421, he once again

represented the Polish king in front of Pope Martin V., and stayed in the
Vatican until 1424 when he came back to Poland, where he served as a
parson/rector in Kłodawa. He served on a commission investigating miracles
through Queen Jadwiga (wife of Jagiełło). After his resignation from being a
canon of Krakow and the transformation of Kłodawa into a collegiate, he
went to Rome again. He came back to Poland in 1435 and probably died a
year later.

Opinio Ostiensis, 124: quia sola Dei gracia in hac vocacione valet ut dicunt

canones, papa tamen potest mandare infidelibus quod admittant predicatores
Ewangelij in terries suis.

Seaventibus, 35.

Op. cit., 84: infideles non sunt ad fidem cogeridi sed sanctis exortacionibus

indocendi: sed si intellexerint de iure nostro divino non sunt domini rerum
suarum et sine peccato possunt ab eis surripi, certe efficerentur in sua perfidia
nequiores et metu iusto amissionis bonoruym retraherentur a fide nostra. Item si
Ecclesia tollerat personas eorum in sua infidelitate et matrimonijs et similibus
alijs qyare non ita in iurisdiccione dominijs et bonis que posident?

Sławomir Marchel: „Ze studiów nad karierą Pawła Włodkowica. Okres po

soborze w Konstancji, 1419-1436”, in: Słupskie Studia Historyczne 13 (2007),
182-198: 185.

Op. cit., 191-198.

149

9. Paweł Włodkowic and John Gower

I looked at one interesting personality living at the same time as Paweł
Włodkowic in England.

In this context it is worth mentioning John Gower

who seems to share views with the Polish lawyer. John Gower was born c.
1330 and died just before the Council in Constance in the year 1412. In his
work Confessio Amantis Amans, the protagonist of the poem, asks his father
confessor whether it is lawful:

To passe over the grete See “To travel across the Mediterranean Sea”
To werre and sle the Sarazin“to make war on the Saracens and kill them”
Is that the lawe?“is that the law?”

“The confessor replies that while the gospel says one should preach the faith
and suffer for it, but not that one should kill for it. Christ redeemed all
humankind with His death, and taught his Apostles that they should preach the
faith, and they suffered death for it in various countries, but if they had chosen
to spread fear by making war it is doubtful whether the spreading of the faith
would have been achieved even up to this day, for chronicles show that
whenever the Church has stopped preaching and taken up the sword, a great
part of what had previously been achieved has been lost. So take careful heed:
since God has made mankind the highest of all His works and given him a
soul which is like the nature of God Himself, you ought to beware of
becoming a homicide, as has now happened far and wide, in the Church and
elsewhere. The charity we preach about is not worth a straw, because we are
not practicing what we preach.”

The figure of John Gower is well worth studying in this regard, as his works
contain similar sentiments as his contemporary Paweł Włodkowic. It is also
striking that their views were shaped by the same figures. It is quite sure that

Thanks to the advice of John McKinnell.

John Gower: Confessio Amantis, Liber Tercius, lines: 2485-2546; in: George

Campbell Macaulay (ed.): The English Works of John Gower, 2 vols. London:
Oxford University Press 1900-1901, repr. 1969 (= Early English Text Society,
Extra Series 81-82), vol. 1, 293-295.

Op. cit. On the origins and date of this huge poem, see Macaulay’s introduction,

vol. 1, xxi-xxviii; it seems to have been commissioned by King Richard II in
about 1386, and the first version was completed around 1392, but Gower then
revised it after Richard’s fall in 1399, and what we have is the revised version.
Gower, who had been born c. 1331 and trained as a lawyer in London, died in a
house in the grounds of Southwark Cathedral Priory, London, in 1412, after
having been ill for some years (he married his nurse in 1408).

150

John Gower had access to and used works by Occam and Thomas Aquinas
and his text is probably also inspired by Franciscans.

10. Conclusion

Paweł’s view on the attitude towards the states of people of other faiths, in
particular towards states of pagans, results from the fundamental tenets of the
Christian faith; but he could not and would not limit himself to expounding
his own views. Paweł’s arguments could not be based on purely abstract
reasoning, nor could they be presented as founded strictly on his own view.
He had to invoke texts which were indubitably binding, or writers whose
authority would be convincing to prominent participants in the Council.
In Poland, Paweł was already appreciated by his contemporaries. The
prominent Polish annalist Jan Długosz wrote about him underlying his virtues
and merits in cases which he engaged in, i. e. reclaiming lost Polish lands.
Długosz wrote that Włodkowic has no equal among scholars and other people
from his age.

The great biographer and editor of Paweł’s works, Ludwik

Ehrlich, said:

Paweł’s papers were not utopian plans, or suggestions for new laws to be enacted,
but they were intended to convince the readers that the law which he expounded
was actually in force; the conclusions which he drew were understood by him to
represent the actual legal position.

Pursuing Pawełs

studies, he constructed a theory about the laws of pagan

states concerning their peaceful existence and to accept them as members of
society of coexisting countries. So thus all of them may help each other.

Thanks to Włodkowic, Polish legal ideas got through the Council and were
contained into an attempt of codification.

Aleksander Przeździecki (ed.): Joannis Dlugossi seu Longini Canonici

Cracoviensis Historiae Polonicae Libri XII, vol. 4. Kraków: Ex Henrici L.B. AB
Hvyssen 1877, 567: Ex omnibus siquidem suae aetatis non dicam Doctoribus, sed
nec hominibus, nemo fervidius, nemo diligentius, nemo accuratius pro terrarium
Pomeraniae, Chelmensis et Michaloviensis per Cruciferas de Prussia
occupatarum restitution.

Ehrlich, Pisma wybrane Pawła Włodkowica, vol. 1, XI.

Ludwik Ehrlich: Rektor Paweł Włodkowic, 56.

Op cit., 58.

151

Bibliography

Sources

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152

Abstracts

Laws of Pagans and their Conversion in the Works of Paweł
Włodkowic

The Polish lawyer Paweł Włodkowic which represented Polish interests at
the Council of Constance (1415-1418) in the dispute with the Teutonic
Order, with his treatises presented there, can hardly be overestimated as
contribution to the jurisprudence of the late Middle Ages. These docu-
ments represent a completely new perspective on the rights of the pagan
population and their conversion to Christianity. With its enormous legal
and theological expertise and quotes from Medieval authorities, he tried
to convince the council that a conversion of the Heathens with the sword
would be inappropriate, because free will is a necessary condition for the
adoption of Christianity and that every man is like any pagan, first bound
to the natural law, and this should be respected by Christians.

Gesetze der Heiden und ihre Bekehrung in den Werken des
Paweł Włodkowic

Der polnische Rechtsgelehrte Paweł Włodkowic, der auf dem Konstanzer
Konzil 1415-1418 die polnischen Interessen gegenüber dem Deutschen
Orden vertrat, leistete mit seinen dort präsentierten Traktaten einen kaum
zu überschätzenden Beitrag zur Rechtswissenschaft des Spätmittelalters.
Diese Schriften repräsentieren eine völlig neue Sicht auf die Rechte der
heidnischen Bevölkerung und ihre Bekehrung zum Christentum. Mit
seinem enormen juristischen und theologischen Sachverstand und Zitaten
von Autoritäten wie Thomas von Aquin, Wilhelm von Ockham und ver-
schiedenen Päpsten versuchte er, das Konzil davon zu überzeugen, dass
eine Bekehrung der Heiden mit dem Schwert unangemessen sei, weil der
freie Wille eine unabdingbare Voraussetzung für die Annahme des Christen-
tums sei, und dass jeder Heide wie jeder Mensch zunächst an das natürliche
Recht gebunden sei und dieses von Christen respektiert werden müsse.