Chapter 20

Besides the works quoted above, see Gottfried Arnold’sUnparteiische Kirchen- und Ketzer-Historie(1699-1700; ed. Schaffhausen, 1740). A very good list of writers on heresy, ancient and medieval, is given in Burton’sBampton Lectures on Heresies of the Apostolic Age(1829). The various Trinitarian and Christological heresies may be studied in Dorner’sHistory of the Doctrine of the Person of Christ(1845-1856; Eng. trans., 1861-1862); the Gnostic and Manichaean heresies in the works of Mansel, Matter and Beausobre; the medieval heresies in Hahn’sGeschichte der Ketzer im Mittelalter(1846-1850), and Preger’sGeschichte der deutschen Mystik(1875); Quietism in Heppe’sGeschichte der quietistischen Mystik(1875); the Pietist sects in Palmer’sGemeinschaften und Secten Württembergs(1875); the Reformation and 17th-century heresies and sects in theAnabaptisticum et enthusiasticum Pantheon und geistliches Rüst-Haus(1702). Böhmer’sJus ecclesiasticum Protestantium(1714-1723), and van Espen’sJus ecclesiasticum(1702) detail at great length the relations of heresy to canon and civil law. On the question of the baptism of heretics see Smith and Cheetham’sDict. of Eccl. Antiquities, “Baptism, Iteration of”; and on that of the readmission of heretics into the church, compare Martene,De ritibus, and Morinus,De poenitentia.(A. E. G.*)Heresy according to the Law of England.—The highest point reached by the ecclesiastical power in England was in the ActDe Haeretico comburendo(2 Henry IV. c. 15). Some have supposed that a writ of that name is as old as the common law, but its execution might be arrested by a pardon from the crown. The Act of Henry IV. enabled the diocesan alone, without the co-operation of a synod, to pronounce sentence of heresy, and required the sheriff to execute it by burning the offender, without waiting for the consent of the crown.2A large number of penal statutes were enacted in the following reigns, and the statute 1 Eliz. c. 1 is regarded by lawyers as limiting for the first time the description of heresy to tenets declared heretical either by the canonical Scripture or by the first four general councils, or such as should thereafter be so declared by parliament with the assent of Convocation. The writ was abolished by 29 Car. II. c. 9, which reserved to the ecclesiastical courts their jurisdiction over heresy and similar offences, and their power of awarding punishments not extending to death. Heresy became henceforward a purely ecclesiastical offence, although disabling laws of various kinds continued to be enforced against Jews, Catholics and other dissenters. The temporal courts have no knowledge of any offence known as heresy, although incidentally (e.g.in questions of copyright) they have refused protection to persons promulgating irreligious or blasphemous opinions. As an ecclesiastical offence it would at this moment be almost impossible to say what opinion, in the case of a layman at least, would be deemed heretical. Apparently, if a proper case could be made out, an ecclesiastical court might still sentence a layman to excommunication for heresy, but by no other means could his opinions be brought under censure. The last case on the subject (Jenkinsv.Cook,L.R.1 P.D. 80) leaves the matter in the same uncertainty. In that case a clergyman refused the communion to a parishioner who denied the personality of the devil. The judicial committee held that the rights of the parishioners are expressly defined in the statute of I Edw. VI. c. i, and, without admitting that the canons of the church, which are not binding on the laity, could specify a lawful cause for rejection, held that no lawful cause within the meaning of either the canons or the rubric had been shown. It was maintained at the bar that the denial of the most fundamental doctrines of Christianity would not be a lawful cause for such rejection, but the judgment only queries whether a denial of the personality of the devil or eternal punishment is consistent with membership of the church. The right of every layman to the offices of the church is established by statute without reference to opinions, and it is not possible to say what opinions, if any, would operate to disqualify him.The case of clergymen is entirely different. The statute 13 Eliz. c. 12, § 2, enacts that “if any person ecclesiastical, or which shall have an ecclesiastical living, shall advisedly maintain or affirm any doctrine directly contrary or repugnant to any of the said articles, and by conventicle before the bishop of the diocese, or the ordinary, or before the queen’s highness’s commissioners in matters ecclesiastical, shall persist therein or not revoke his error, or after such revocation eftsoons affirm such untrue doctrine,” he shall be deprived of his ecclesiastical promotions. The act it will be observed applies only to clergymen, and the punishment is strictly limited to deprivation of benefice. The judicial committee of the privy council, as the last court of appeal, has on several occasions pronounced judgments by which the scope of the act has been confined to its narrowest legal effect. The court will construe the Articles of Religion and formularies according to thelegal rules for the interpretation of statutes and written instruments. No rule of doctrine is to be ascribed to the church which is not distinctly and expressly stated or plainly involved in thewritten law of the Church, and where there is no rule, a clergyman may express his opinion without fear of penal consequences. In theEssays and Reviewscases (Williamsv.the Bishop of Salisbury, and Wilsonv.Fendall, 2Moo.P.C.C., N.S. 375) it was held to be not penal for a clergyman to speak of merit by transfer as a “fiction,” or to express a hope of the ultimate pardon of the wicked, or to affirm that any part of the Old or New Testament, however unconnected with religious faith or moral duty, was not written under the inspiration of the Holy Spirit. In the case of Noblev.Voysey (L.R.3 P.C. 357) in 1871 the committee held that it was not bound to affix a meaning to articles of really dubious import, as it would have been in cases affecting property. At the same time any manifest contradiction of the Articles, or any obvious evasion of them, would subject the offender to the penalties of deprivation. In some of the cases the question has been raised how far the doctrine of the church could be ascertained by reference to the opinions generally expressed by divines belonging to its communion. Such opinions, it would seem, might be taken into account as showing the extent of liberty which had been in practice, claimed and exercised on the interpretation of the articles, but would certainly not be allowed to increase their stringency. It is not the business of the court to pronounce upon the absolute truth or falsehood of any given opinion, but simply to say whether it is formally consistent with the legal doctrines of the Church of England. Whether Convocation has any jurisdiction in cases of heresy is a question which has occasioned some difference of opinion among lawyers. Hale, as quoted by Phillimore (Ecc. Law), says that before the time of Richard II., that is, before any acts of Parliament were made about heretics, it is without question that in a convocation of the clergy or provincial synod “they might and frequently did here in England proceed to the sentencing of heretics.” But later writers, while adhering to the statement that Convocation might declare opinions to be heretical, doubted whether it could proceed to punish the offender, even when he was a clerk in orders. Phillimore states that there is no longer any doubt, even apart from the effect of the Church Discipline Act 1840, that Convocation has no power to condemn clergymen for heresy. The supposed right of Convocation to stamp heretical opinions with its disapproval was exercised on a somewhat memorable occasion. In 1864 the Convocation of the province of Canterbury, having taken the opinion of two of the most eminent lawyers of the day (Sir Hugh Cairns and Sir John Rolt), passed judgment upon the volume entitledEssays and Reviews. The judgment purported to “synodically condemn the said volume as containing teaching contrary to the doctrine received by the United Church of England and Ireland, in common with the whole Catholic Church of Christ.” These proceedings were challenged in the House of Lords by Lord Houghton, and the lord chancellor (Westbury), speaking on behalf of the government, stated that if there was any “synodical judgment” it would be a violation of the law, subjecting those concerned in it to the penalties of apraemunire, but that the sentence in question, was “simply nothing, literally no sentence at all.” It is thus at least doubtful whether Convocation has a right even to express an opinion unless specially authorized to do so by the crown, and it is certain that it cannot do anything more. Heresy or no heresy, in the last resort, like all other ecclesiastical questions, is decided by the judicial committee of the council.The English lawyers, following the Roman law, distinguish between heresy and apostasy. The latter offence is dealt with by an act which still stands on the statute book, although it has long beenvirtually obsolete—the 9 & 10 Will. III. c. 35. If any personwho has been educated in or has professed the Christian religionshall, by writing, printing, teaching, or advised speaking, assert or maintain that there are more Gods than one, or shall deny any of the persons of the Holy Trinity to be God, or shall deny the Christian religion to be true or the Holy Scriptures of the Old and New Testament to be of divine authority, he shall for the first offence be declared incapable of holding any ecclesiastical, civil, or military office or employment, and for the second incapable of bringing any action, or of being guardian, executor, legatee, or grantee, and shall suffer three years’ imprisonment without bail. Unitarians were saved from these atrocious penalties by a later act (53 Geo. III. c. 160), which permits Christians to deny any of the persons in the Trinity without penal consequences.

(A. E. G.*)

Heresy according to the Law of England.—The highest point reached by the ecclesiastical power in England was in the ActDe Haeretico comburendo(2 Henry IV. c. 15). Some have supposed that a writ of that name is as old as the common law, but its execution might be arrested by a pardon from the crown. The Act of Henry IV. enabled the diocesan alone, without the co-operation of a synod, to pronounce sentence of heresy, and required the sheriff to execute it by burning the offender, without waiting for the consent of the crown.2A large number of penal statutes were enacted in the following reigns, and the statute 1 Eliz. c. 1 is regarded by lawyers as limiting for the first time the description of heresy to tenets declared heretical either by the canonical Scripture or by the first four general councils, or such as should thereafter be so declared by parliament with the assent of Convocation. The writ was abolished by 29 Car. II. c. 9, which reserved to the ecclesiastical courts their jurisdiction over heresy and similar offences, and their power of awarding punishments not extending to death. Heresy became henceforward a purely ecclesiastical offence, although disabling laws of various kinds continued to be enforced against Jews, Catholics and other dissenters. The temporal courts have no knowledge of any offence known as heresy, although incidentally (e.g.in questions of copyright) they have refused protection to persons promulgating irreligious or blasphemous opinions. As an ecclesiastical offence it would at this moment be almost impossible to say what opinion, in the case of a layman at least, would be deemed heretical. Apparently, if a proper case could be made out, an ecclesiastical court might still sentence a layman to excommunication for heresy, but by no other means could his opinions be brought under censure. The last case on the subject (Jenkinsv.Cook,L.R.1 P.D. 80) leaves the matter in the same uncertainty. In that case a clergyman refused the communion to a parishioner who denied the personality of the devil. The judicial committee held that the rights of the parishioners are expressly defined in the statute of I Edw. VI. c. i, and, without admitting that the canons of the church, which are not binding on the laity, could specify a lawful cause for rejection, held that no lawful cause within the meaning of either the canons or the rubric had been shown. It was maintained at the bar that the denial of the most fundamental doctrines of Christianity would not be a lawful cause for such rejection, but the judgment only queries whether a denial of the personality of the devil or eternal punishment is consistent with membership of the church. The right of every layman to the offices of the church is established by statute without reference to opinions, and it is not possible to say what opinions, if any, would operate to disqualify him.

The case of clergymen is entirely different. The statute 13 Eliz. c. 12, § 2, enacts that “if any person ecclesiastical, or which shall have an ecclesiastical living, shall advisedly maintain or affirm any doctrine directly contrary or repugnant to any of the said articles, and by conventicle before the bishop of the diocese, or the ordinary, or before the queen’s highness’s commissioners in matters ecclesiastical, shall persist therein or not revoke his error, or after such revocation eftsoons affirm such untrue doctrine,” he shall be deprived of his ecclesiastical promotions. The act it will be observed applies only to clergymen, and the punishment is strictly limited to deprivation of benefice. The judicial committee of the privy council, as the last court of appeal, has on several occasions pronounced judgments by which the scope of the act has been confined to its narrowest legal effect. The court will construe the Articles of Religion and formularies according to thelegal rules for the interpretation of statutes and written instruments. No rule of doctrine is to be ascribed to the church which is not distinctly and expressly stated or plainly involved in thewritten law of the Church, and where there is no rule, a clergyman may express his opinion without fear of penal consequences. In theEssays and Reviewscases (Williamsv.the Bishop of Salisbury, and Wilsonv.Fendall, 2Moo.P.C.C., N.S. 375) it was held to be not penal for a clergyman to speak of merit by transfer as a “fiction,” or to express a hope of the ultimate pardon of the wicked, or to affirm that any part of the Old or New Testament, however unconnected with religious faith or moral duty, was not written under the inspiration of the Holy Spirit. In the case of Noblev.Voysey (L.R.3 P.C. 357) in 1871 the committee held that it was not bound to affix a meaning to articles of really dubious import, as it would have been in cases affecting property. At the same time any manifest contradiction of the Articles, or any obvious evasion of them, would subject the offender to the penalties of deprivation. In some of the cases the question has been raised how far the doctrine of the church could be ascertained by reference to the opinions generally expressed by divines belonging to its communion. Such opinions, it would seem, might be taken into account as showing the extent of liberty which had been in practice, claimed and exercised on the interpretation of the articles, but would certainly not be allowed to increase their stringency. It is not the business of the court to pronounce upon the absolute truth or falsehood of any given opinion, but simply to say whether it is formally consistent with the legal doctrines of the Church of England. Whether Convocation has any jurisdiction in cases of heresy is a question which has occasioned some difference of opinion among lawyers. Hale, as quoted by Phillimore (Ecc. Law), says that before the time of Richard II., that is, before any acts of Parliament were made about heretics, it is without question that in a convocation of the clergy or provincial synod “they might and frequently did here in England proceed to the sentencing of heretics.” But later writers, while adhering to the statement that Convocation might declare opinions to be heretical, doubted whether it could proceed to punish the offender, even when he was a clerk in orders. Phillimore states that there is no longer any doubt, even apart from the effect of the Church Discipline Act 1840, that Convocation has no power to condemn clergymen for heresy. The supposed right of Convocation to stamp heretical opinions with its disapproval was exercised on a somewhat memorable occasion. In 1864 the Convocation of the province of Canterbury, having taken the opinion of two of the most eminent lawyers of the day (Sir Hugh Cairns and Sir John Rolt), passed judgment upon the volume entitledEssays and Reviews. The judgment purported to “synodically condemn the said volume as containing teaching contrary to the doctrine received by the United Church of England and Ireland, in common with the whole Catholic Church of Christ.” These proceedings were challenged in the House of Lords by Lord Houghton, and the lord chancellor (Westbury), speaking on behalf of the government, stated that if there was any “synodical judgment” it would be a violation of the law, subjecting those concerned in it to the penalties of apraemunire, but that the sentence in question, was “simply nothing, literally no sentence at all.” It is thus at least doubtful whether Convocation has a right even to express an opinion unless specially authorized to do so by the crown, and it is certain that it cannot do anything more. Heresy or no heresy, in the last resort, like all other ecclesiastical questions, is decided by the judicial committee of the council.

The English lawyers, following the Roman law, distinguish between heresy and apostasy. The latter offence is dealt with by an act which still stands on the statute book, although it has long beenvirtually obsolete—the 9 & 10 Will. III. c. 35. If any personwho has been educated in or has professed the Christian religionshall, by writing, printing, teaching, or advised speaking, assert or maintain that there are more Gods than one, or shall deny any of the persons of the Holy Trinity to be God, or shall deny the Christian religion to be true or the Holy Scriptures of the Old and New Testament to be of divine authority, he shall for the first offence be declared incapable of holding any ecclesiastical, civil, or military office or employment, and for the second incapable of bringing any action, or of being guardian, executor, legatee, or grantee, and shall suffer three years’ imprisonment without bail. Unitarians were saved from these atrocious penalties by a later act (53 Geo. III. c. 160), which permits Christians to deny any of the persons in the Trinity without penal consequences.

1For fuller details see separate articles.2Stephen’sCommentaries, bk. iv. ch. 7.

1For fuller details see separate articles.

2Stephen’sCommentaries, bk. iv. ch. 7.

HEREWARD,usually but erroneously styled “the Wake” (an addition of later days), an Englishman famous for his resistance to William the Conqueror. It is now established that he was a tenant of Peterborough Abbey, from which he held lands at Witham-on-the-Hill and Barholme with Stow in the south-western corner of Lincolnshire, and of Crowland Abbey at Rippingale in the neighbouring fenland. His first authentic act is the storm and sacking of Peterborough in 1070, in company with outlaws and Danish invaders. The next year he took part in the desperate stand against the Conqueror’s rule made in the isle of Ely, and, on its capture by the Normans, escaped with his followers through the fens. That his exploits made an exceptional impression on the popular mind is certain from the mass of legendary history that clustered round his name; he became, says Mr Davis, “in popular eyes the champion of the English national cause.” The Hereward legend has been fully dealt with by him and by Professor Freeman, who observed that “with no name has fiction been more busy.”

See E. A. Freeman,History of the Norman Conquest, vol. iv.; J. H. Round,Feudal England; H. W. C. Davis,England under the Normans and Angevins.

(J. H. R.)

HERFORD,a town in the Prussian province of Westphalia, situated at the confluence of the Werre and Aa, on the Minden & Cologne railway, 9 m. N.E. of Bielefeld, and at the junction of the railway to Detmold and Altenbeken. Pop. (1885) 15,902; (1905) 24,821. It possesses six Evangelical churches, notably the Münsterkirche, a Romanesque building with a Gothic apse of the 15th century; the Marienkirche, in the Gothic style; and the Johanniskirche, with a steeple 280 ft. high. The other principal buildings are the Roman Catholic church, the synagogue, the gymnasium founded in 1540, the agricultural school and the theatre. There is a statue of Frederick William of Brandenburg. The industries include cotton and flax-spinning, and the manufacture of linen cloth, carpets, furniture, machinery, sugar, tobacco and leather.

Herford owes its origin to a Benedictine nunnery which is said to have been founded in 832, and was confirmed by the emperor Louis the Pious in 839. From the emperor Frederick I. the abbess obtained princely rank and a seat in the imperial diet. Among the abbesses was the celebrated Elizabeth (1618-1680), eldest daughter of the elector palatine Frederick V., who was a philosophical princess, and a pupil of Descartes. Under her rule the sect of the Labadists settled for some time in Herford. The foundation was secularized in 1803. Herford was a member of the Hanseatic League, and its suzerainty passed in 1547 from the abbesses to the dukes of Juliers. In 1631 it became a free imperial town, but in 1647 it was subjugated by the elector of Brandenburg. It came into the possession of Westphalia in 1807, and in 1813 into that of Prussia.

See L. Hölscher,Reformationsgeschichte der Stadt Herford(Gütersloh, 1888).

HERGENRÖTHER, JOSEPH VON(1824-1890), German theologian, was born at Würzburg in Bavaria on the 15th of September 1824. He studied at Würzburg and at Rome. After spending a year as parish priest at Zellingen, near his native city, he went, in 1850, at his bishop’s command, to the university of Munich, where he took his degree of doctor of theology the same year, becoming in 1851Privatdozent, and in 1855 professor of ecclesiastical law and history. At Munich he gained the reputation of being one of the most learned theologians on the Ultramontane side of the Infallibility question, which had begun to be discussed; and in 1868 he was sent to Rome to arrange the proceedings of the Vatican Council. He was a stanch supporter of the infallibility dogma; and in 1870 he wroteAnti-Janus, an answer toThe Pope and the Council, by “Janus” (Döllinger and J. Friedrich), which made a great sensation at the time. In 1877 he was made prelate of the papal household; he became cardinal deacon in 1879, and was afterwards made curator of the Vatican archives. He died in Rome on the 3rd of October 1890.

Hergenröther’s first published work was a dissertation on the doctrine of the Trinity according to Gregory Nazianzen (Regensburg, 1850), and from this time onward his literary activity was immense. After several articles and brochures on Hippolytus and the question of the authorship of thePhilosophumena, he turned to the study of Photius, patriarch of Constantinople, and the history of the Greek schism. For twelve years he was engaged upon this work, the result being his monumentalPhotius, Patriarch von Constantinopel. Sein Leben, seine Schriften und das griechische Schisma(3 vols., Regensburg, 1867-1869); an additional volume (1869) gave, under the titleMonumenta Graeca ad Photium ... pertinentia, a collection of the unpublished documents on which the work was largely based. Of Hergenröther’s other works, the most important are his history of the Papal States since the Revolution (Der Kirchenstaat seit der französischen Revolution, Freiburg i. B., 1860; Fr. trans., Leipzig, 1860), his great work on the relations of church and state (Katholische Kirche und christlicher Staat in ihrer geschichtlichen Entwickelung und in Beziehung auf Fragen der Gegenwart, 2 parts, Freiburg i. B., 1872; 2nd ed. expanded, 1876; Eng. trans., London, 1876, Baltimore, 1889), and his universal church history (Handbuch der allgemeinen Kirchengeschichte, 3 vols., Freiburg i. B., 1876-1880; 2nd ed., 1879, &c.; 3rd ed., 1884-1886; 4th ed., by Peter Kirsch, 1902, &c.; French trans., Paris, 1880, &c.). He also found time for a while to edit the new edition of Wetzer and Welte’sKirchenlexikon(1877), to superintend the publication of part of theRegestaof Pope Leo X. (Freiburg i. B., 1884-1885), and to add two volumes to Hefele’sConciliengeschichte(ib., 1887 and 1890).

HERINGSDORF,a seaside resort of Germany, in the Prussian province of Pomerania, on the north coast of the island of Usedom, 5 m. by rail N.W. of Swinemünde. It is surrounded by beech woods, and is perhaps the most popular seaside resort on the German shore of the Baltic, being frequented by some 12,000 visitors annually.

HERIOT, GEORGE(1563-1623), the founder of Heriot’s Hospital, Edinburgh, was descended from an old Haddington family; his father, a goldsmith in Edinburgh, represented the city in the Scottish parliament. George was born in 1563, and after receiving a good education was apprenticed to his father’s trade. In 1586 he married the daughter of a deceased Edinburgh merchant, and with the assistance of her patrimony set up in business on his own account. At first he occupied a small “buith” at the north-east corner of St Giles’s church, and afterwards a more pretentious shop at the west end of the building. To the business of a goldsmith he joined that of a money-lender, and in 1597 he had acquired such a reputation that he was appointed goldsmith to Queen Anne, consort of James VI. In 1601 he became jeweller to the king, and followed him to London, occupying a shop opposite the Exchange. Heriot was largely indebted for his fortune to the extravagance of the queen, and the imitation of this extravagance by the nobility. Latterly he had such an extensive business as a jeweller that on one occasion a government proclamation was issued calling upon all the magistrates of the kingdom to aid him in securing the workmen he required. He died in London on the 10th of February 1623. In 1608, having some time previously lost his first wife, he married Alison Primrose, daughter of James Primrose, grandfather of the first earl of Rosebery, but she died in 1612; by neither marriage had he any issue. The surplus of his estate, after deducting legacies to his nearest relations and some of his more intimate friends, was bequeathed to found a hospital for the education of freemen’s sons of the town of Edinburgh; and its value afterwards increased so greatly as to supply funds for the erection of several Heriot foundation schools in different parts of the city.

Heriot takes a leading part in Scott’s novel,The Fortunes of Nigel(see also the Introduction). AHistory of Heriot’s Hospital, with a Memoir of the Founder, by William Steven, D.D., appeared in 1827; 2nd ed. 1859.

HERIOT,by derivation the arms and equipment (geatwa) of a soldier or army (here); the O. Eng. word is thus here-geatwa. The lord of a fee provided his tenant with arms and a horse, either as a gift or loan, which he was to use in the military service paid by him. On the death of the tenant the lord claimed the return of the equipment. When by the 10th century land was being given instead of arms, the heriot was still paid, but more in the nature of a “relief” (q.v.). There seems to have been some connexion between the payment of the heriot and the power of making a will (F. W. Maitland,Domesday Book and Beyond, p. 298). By the 13th century the payment was made either in money or in kind by the handing over of the best beast or of the best other chattel of the tenant (see Pollock and Maitland,History of English Law, i. 270 sq.). For the manorial law relating to heriots, seeCopyhold.

HERISAU,the largest town in the entire Swiss canton of Appenzell, built on the Glatt torrent, and by light railway 7 m. south-west of St Gall or 13½ m. north of Appenzell. In 1900 it had 13,497 inhabitants, mainly Protestant and German-speaking. The lower portion of the massive tower of the parish church (Protestant) dates from the 11th century or even earlier. It is a prosperous little industrial town in the Ausser Rhoden half of the canton, especially busied with the manufacture of embroidery by machinery, and of muslins. Near it is the goats’ whey cure establishment of Heinrichsbad, and the two castles of Rosenberg and Rosenburg, ruined in 1403 when the land rose against its lord, the abbot of St Gall. About 5 m. to the south-east is Hundwil, a village of 1523 inhabitants, where theLandsgemeindeof Ausser Rhoden meets In the odd years (in other years at Trogen) on the last Sunday in April.

HERITABLE JURISDICTIONS,in the law of Scotland, grants of jurisdiction made to a man and his heirs. They were a usual accompaniment to feudal tenures, and the power which they conferred on great families, being recognized as a source of danger to the state, led to frequent attempts being made by statute to restrict them, both before and after the Union. They were all abolished in 1746.

HERKIMER,a village and the county-seat of Herkimer county, New York, U.S.A., in the township of the same name, on the Mohawk river, about 15 m. S.E. of Utica. Pop. (1900) 5555 (724 being foreign-born); (1905, state census) 6596; (1910) 7520. It is served by the New York Central & Hudson River railway, a branch of which (the Mohawk & Malone railway) extends through the Adirondacks to Malone, N.Y.; by inter-urban electric railway to Little Falls, Syracuse, Richfield Springs, Cooperstown and Oneonta, and by the Erie canal. The village has a public library, and is the seat of the Folts Mission Institute (opened 1893), a training school for young women, controlled by the Women’s Foreign Missionary Society of the Methodist Episcopal Church. Herkimer is situated in a rich dairying region, and has various manufactures. The municipality owns and operates its water-supply system and electric-lighting plant. Herkimer, named in honour of General Nicholas Herkimer (c.1728-1777), who was mortally wounded in the Battle of Oriskany, and in whose memory there is a monument (unveiled on the 6th of August 1907) in the village, was settled about 1725 by Palatine Germans, who bought from the Mohawk Indians a large tract of land including the present site of the village and established thereon several settlements which became known collectively as the “German Flats.” In 1756 a stone house, built in 1740 by General Herkimer’s father, John Jost Herkimer (d. 1775)—apparently one of the original group of settlers—a stone church, and other buildings, standing within what is now Herkimer village, were enclosed in a stockade and ditch fortifications by Sir William Johnson, and this post, at first known as Fort Kouari (the Indian name), was subsequently called Fort Herkimer. Another fort (Ft. Dayton) was built within the limits of the present village in 1776 by Colonel Elias Dayton (1737-1807), who later became a brigadier-general (1783) and served in the Confederation Congress in 1787-1788. During the French and Indian War the settlement was attacked (12th November 1757) and practically destroyed, many of the settlers being killed or taken prisoners; and it was again attacked on the 30th of April 1758. In the War of Independence General Herkimer assembled here the force which on the 6th of August 1777 was ambushed near Oriskany on its march from Ft. Dayton to the relief of Ft. Schuyler (seeOriskany); and the settlement was attacked by Indians and “Tories” in September 1778 and in June 1782. The township of Herkimer was organized in 1788, and in 1807 the village was incorporated.

See Nathaniel I. Benton,History of Herkimer County(Albany, 1856); and Phoebe S. Cowen,The Herkimers and Schuylers, (1903).

HERKOMER, SIR HUBERT VON(1849- ), British painter, was born at Waal, in Bavaria, and eight years later was brought to England by his father, a wood-carver of great ability. He lived for some time at Southampton and in the school of art there began his art training; but in 1866 he entered upon a more serious course of study at the South Kensington Schools, and in 1869 exhibited for the first time at the Royal Academy. By his picture, “The Last Muster,” at the Academy in 1875, he definitely established his position as an artist of high distinction. He was elected an associate of the Academy in 1879, and academician in 1890; an associate of the Royal Society of Painters in Water Colours in 1893, and a full member in 1894; and in 1885 he was appointed Slade professor at Oxford. He exhibited a very large number of memorable portraits, figure subjects and landscapes, in oil and water colour; he achieved marked success as a worker in enamel, as an etcher, mezzotint engraver and illustrative draughtsman; and he exercised wide influence upon art education by means of the Herkomer School (Incorporated), at Bushey, which he founded in 1883 and directed gratuitously until 1904, when he retired. It was then voluntarily wound up, and is now conducted privately. Two of his pictures, “Found” (1885) and “The Chapel of the Charterhouse” (1889), are in the National Gallery of British Art. In the year 1907 he received the honorary degree of D.C.L. at Oxford, and a knighthood was conferred upon him by the king in addition to the commandership of the Royal Victorian Order with which he was already decorated.

SeeHubert von Herkomer, R.A., a Study and a Biography, by A. L. Baldry (London, 1901);Professor Hubert Herkomer, Royal Academician, His Life and Work, by W. L. Courtney (London, 1892).

HERLEN(orHerlin),FRITZ,of Nördlingen, German artist of the early Swabian school, in the 15th century. The date and place of his birth are unknown, but his name is on the roll of the tax-gatherers of Ulm in 1449; and in 1467 he was made citizen and town painter at Nördlingen, “because of his acquaintance with Flemish methods of painting.” One of the first of his acknowledged productions is a shrine on one of the altars of the church of Rothenburg on the Tauber, the wings of which were finished in 1466, with seven scenes from the lives of Christ and the Virgin Mary. In the town-hall of Rothenburg is a Madonna and St Catherine of 1467; and in the choir of Nördlingen cathedral a triptych of 1488, representing the “Nativity” and “Christ amidst the Doctors,” at the side of a votive Madonna attended by St Joseph and St Margaret as patrons of a family. In each of these works the painter’s name certifies the picture, and the manner is truly that of an artist “acquainted with Flemish methods.” We are not told under whom Herlen laboured in the Netherlands, but he probably took the same course as Schongauer and Hans Holbein the elder, who studied in the school of van der Weyden. His altarpiece at Rothenburg contains groups and figures, as well as forms of action and drapery, which seem copied from those of van der Weyden’s or Memlinc’s disciples, and the votive Madonna of 1488, whilst characterized by similar features, only displays such further changes as may be accounted for by the master’s constant later contact with contemporaries in Swabia. Herlen had none of the genius of Schongauer. He failed to acquire the delicacy even of the second-rate men who handed down to Matsys the traditions of the 15th century; but his example was certainly favourable to the development of art in Swabia. By general consent critics have assigned to him a large altar-piece, with scenes from the gospels and figures of St Florian and St Floriana, and a Crucifixion, the principal figure of which is carved in high relief on the surface ofa large panel in the church of Dinkelsbühl. A Crucifixion, with eight scenes from the New Testament, is shown as his in the cathedral, a “Christ in Judgment, with Mary and John,” and the “Resurrection of Souls” in the town-hall of Nördlingen. A small Epiphany, once in the convent of the Minorites of Ulm, is in the Holzschuher collection at Augsburg, a Madonna and Circumcision in the National Museum at Munich. Herlen’s epitaph, preserved by Rathgeber, states that he died on the 12th of October 1491, and was buried at Nördlingen.

HERMAE,in Greek antiquities, quadrangular pillars, broader above than at the base, surmounted by a head or bust, so called either because the head of Hermes was most common or from their etymological connexion with the Greek wordἕρματα(blocks of stone), which originally had no reference to Hermes at all. In the oldest times Hermes, like other divinities, was worshipped in the form of a heap of stones or of an amorphous block of wood or stone, which afterwards took the shape of a phallus, the symbol of productivity. The next step was the addition of a head to this phallic column which became quadrangular (the number 4 was sacred to Hermes, who was born on the fourth day of the month), with the significant indication of sex still prominent. In this shape the number of herms rapidly increased, especially those of Hermes, for which the distinctive name of Hermhermae has been suggested. In Athens they were found at the corners of streets; before the gates and in the courtyards of houses, where they were worshipped by women as having the power to make them prolific; before the temples; in the gymnasia and palaestrae. On each side of the road leading from the Stoa Poikile to the Stoa Basileios, rows of Hermae were set up in such numbers by the piety of private individuals or public corporations, that the Stoa Basileios was called the Stoa of the Hermae. The function of Hermes as protector of the roads, of merchants and of commerce, explains the number of Hermae that served the purpose of signposts on the roads outside the city. It is stated in the pseudo-PlatonicHipparchusthat the son of Peisistratus had set up marble pillars at suitable places on the roads leading from the different country districts to Athens, having the places connected with the roads inscribed on the one side in a hexameter verse, and on the other a pentameter containing a short proverb or moral precept for the edification of travellers. Sometimes they bore inscriptions celebrating the valour of those who had fought for their country. Just as it was customary for the passer-by to show respect to the rudest form of the god (the heap of stones) by contributing a stone to the heap or anointing it with oil, in like manner small offerings, generally of dried figs, were deposited near the Hermae, to appease the hunger of the necessitous wayfarer. Garlands of flowers were also suspended on the two arm-like tenons projecting from either side of the column at the top (for the oracle at Pharae seeHermes). These pillars were also used to mark the frontier boundaries or the limits of different estates. The great respect attaching to them is shown by the excitement caused in Athens by the “Mutilation of the Hermae” just before the departure of the Sicilian expedition (May 415B.C.). They formed the object of a special industry, the makers of them being called Hermoglyphi. The surmounting heads were not, however, confined to those of Hermes; those of other gods and heroes, and even of distinguished mortals, were of frequent occurrence. In this case a compound was formed: Hermathena (a herm of Athena), Hermares, Hermaphroditus, Hermanubis, Hermalcibiades, and so on. In the case of these compounds it is disputed whether they indicated a herm with the head of Athena, or with a Janus-like head of both Hermes and Athena, or a figure compounded of both deities. The Romans not only borrowed the Hermes pillars for their deities which at an early period they assimilated to those of the Greeks (as Heracles—Hercules) but also for the indigenous gods who preserved their individuality. Thus herms of Jupiter Terminalis (the hermae being identified with the Roman termini) and of Silvanus occur. Under the empire, the function of the hermae was rather architectural than religious. They were used to keep up the draperies in the interior of a house, and in the Circus Maximus they were used to support the barriers.

See the article with bibliography by Pierre Paris in Daremberg and Saglio’sDictionnaire des antiquités; for the mutilation of the Hermae, Thucydides vi. 27; Andocides,De mysteriis; Grote,Hist. of Greece, ch. 58; H. Weil,Études sur l’antiquité grecque(1900); Burolt,Griech. Gesch.(ed. 1904), III. ii. p. 1287.

HERMAGORAS,of Temnos, Greek rhetorician of the Rhodian school and teacher of oratory in Rome, flourished during the first half of the 1st centuryB.C.He obtained a great reputation among a certain section and founded a special school, the members of which called themselves Hermagorei. His chief opponent was Posidonius of Rhodes, who is said to have contended with him in argument in the presence of Pompey (Plutarch,Pompey, 42). Hermagoras devoted himself particularly to the branch of rhetoric known asοἰκονομία(inventio), and is said to have invented the doctrine of the fourστάσεις(status) and to have arranged the parts of an oration differently from his predecessors. Cicero held an unfavourable opinion of his methods, which were approved by Quintilian, although he considers that Hermagoras neglected the practical side of rhetoric for the theoretical. According to Suidas and Strabo, he was the author ofτέχναι ῥητορικαί(rhetorical manuals) and of other works, which should perhaps be attributed to his younger namesake, surnamed Carion, the pupil of Theodorus of Gadara.

See Strabo xiii. p. 621; Cicero,De inventione, i. 6. 8,Brutus, 76, 263. 78, 271; Quintilian,Instit.iii. 1. 16, 3. 9, 11. 22; C. W. Piderit,De Hermagora rhetore(1839); G. Thiele,Hermagoras Ein Beitrag zur Geschichte der Rhetorik(1893).

HERMANDAD(fromhermano, Lat.germanus, a brother), a Castilian word meaning, strictly speaking, a brotherhood. In the Romance language spoken on the east coast of Spain in Catalonia it is writtengermandatorgermania. In the formgermaniait has acquired the significance of “thieves’ Latin” or “thieves’ cant,” and is applied to any jargon supposed to be understood only by the Initiated. But the typical “germania” is a mixture of slang and of the gipsy language. The hermandades have played a conspicuous part in the history of Spain. The first recorded case of the formation of an hermandad occurred in the 12th century when the towns and the peasantry of the north united to police the pilgrim road to Santiago in Galicia, and protect the pilgrims against robber knights. Throughout the middle ages such alliances were frequently formed by combinations of towns to protect the roads connecting them, and were occasionally extended to political purposes. They acted to some extent like the Fehmic courts of Germany. The Catholic sovereigns, Ferdinand and Isabella, adapted an existing hermandad to the purpose of a general police acting under officials appointed by themselves, and endowed with large powers of summary jurisdiction even in capital cases. The hermandad became, in fact, a constabulary, which, however, fell gradually into neglect. In Catalonia and Valencia the “germanias” were combinations of the peasantry to resist the exactions of the feudal lords.

HERMAN DE VALENCIENNES,12th-century French poet, was born at Valenciennes, of good parentage. His father and mother, Robert and Hérembourg, belonged to Hainault, and gave him for god-parents Count Baldwin and Countess Yoland—doubtless Baldwin IV. of Hainault and his mother Yoland. Herman was a priest and the author of a verseHistoire de la Bible, which includes a separate poem on the Assumption of the Virgin. The work is generally known asLe Roman de sapience, the name arising from a copyist’s error in the first line of the poem:

“Comens de sapiense, ce est la cremors de Deu”

the first word being miswritten in one MS.Romens, and In anotherRomanz. His work has, indeed, the form of an ordinary romance, and cannot be regarded as a translation. He selects such stories from the Bible as suit his purpose, and adds freely from legendary sources, displaying considerable art in the selection and use of his materials. This scriptural poem, very popular in its day, mentions Henry II. of England as already dead, and must therefore be assigned to a date posterior to 1189.

SeeNotices et extraits des manuscrits(Paris, vol. 34), and Jean Bonnard,Les Traductions de la Bible en vers français au moyen âge(1884).

HERMANN I.(d. 1217), landgrave of Thuringia and count palatine of Saxony, was the second son of Louis II. the Hard, landgrave of Thuringia, and Judith of Hohenstaufen, sister of the emperor Frederick I. Little is known of his early years, but in 1180 he joined a coalition against Henry the Lion, duke of Saxony, and with his brother, the landgrave Louis III., suffered a short imprisonment after his defeat at Weissensee by Henry. About this time he received from his brother Louis the Saxon palatinate, over which he strengthened his authority by marrying Sophia, sister of Adalbert, count of Sommerschenburg, a former count palatine. In 1190 Louis died and Hermann by his energetic measures frustrated the attempt of the emperor Henry VI. to seize Thuringia as a vacant fief of the Empire, and established himself as landgrave. Having joined a league against the emperor he was accused, probably wrongly, of an attempt to murder him. Henry was not only successful in detaching Hermann from the hostile combination, but gained his support for the scheme to unite Sicily with the Empire. In 1197 Hermann went on crusade. When Henry VI. died in 1198 Hermann’s support was purchased by the late emperor’s brother Philip, duke of Swabia, but as soon as Philip’s cause appeared to be weakening he transferred his allegiance to Otto of Brunswick, afterwards the emperor Otto IV. Philip accordingly invaded Thuringia in 1204 and compelled Hermann to come to terms by which he surrendered the lands he had obtained in 1198. After the death of Philip and the recognition of Otto he was among the princes who invited Frederick of Hohenstaufen, afterwards the emperor Frederick II., to come to Germany and assume the crown. In consequence of this step the Saxons attacked Thuringia, but the landgrave was saved by Frederick’s arrival in Germany in 1212. After the death of his first wife in 1195 Hermann married Sophia, daughter of Otto I., duke of Bavaria. By her he had four sons, two of whom, Louis and Henry Raspe, succeeded their father in turn as landgrave. Hermann died at Gotha on the 25th of April 1217, and was buried at Reinhardsbrunn. He was fond of the society of men of letters, and Walther von der Vogelweide and other Minnesingers were welcomed to his castle of the Wartburg. In this connexion he figures in Wagner’sTannhäuser.

See E. Winkelmann,Philipp von Schwaben und Otto IV. von Braunschweig(Leipzig, 1873-1878); T. Knochenhauer,Geschichte Thüringens(Gotha, 1871); and F. Wachter,Thüringische und obersächsische Geschichte(Leipzig, 1826).

HERMANN OF REICHENAU(Herimannus Augiensis), commonly distinguished as Hermannus Contractus,i.e.the Lame (1013-1054), German scholar and chronicler, was the son of Count Wolferad of Alshausen in Swabia. Hermann, who became a monk of the famous abbey of Reichenau, is at once one of the most attractive and one of the most pathetic figures of medieval monasticism. Crippled and distorted by gout from his childhood, he was deprived of the use of his legs; but, in spite of this, he became one of the most learned men of his time, and exercised a great personal and intellectual influence on the numerous band of scholars he gathered round him. He died on the 24th of September 1054, at the family castle of Alshausen near Biberach. Besides the ordinary studies of the monastic scholar, he devoted himself to mathematics, astronomy and music, and constructed watches and instruments of various kinds.

His chief work is aChronicon ad annum1054, which furnishes important and original material for the history of the emperor Henry III. The first edition, from a MS. no longer extant, was printed by J. Sichard at Basel in 1529, and reissued by Heinrich Peter in 1549; another edition appeared at St Blaise in 1790 under the supervision of Ussermann; and a third, as a result of the collation of numerous MSS., forms part of vol. v. of Pertz’sMonumenta Germaniae historica. A German translation of the last is contributed by K. F. A. Nobbe toDie Geschichtsschreiber der deutschen Vorzeit(1st ed., Berlin, 1851; 2nd ed., Leipzig, 1893). The separate lives of Conrad II. and Henry III., often ascribed to Hermann, appear to have perished. His treatisesDe mensura astrolabiiandDe utilitatibus astrolabii(to be found, on the authority of Salzburg MSS., in Pez,Thesaurus anecdotorum novissimus, iii.) being the first contributions of moment furnished by a European to this subject, Hermann was for a time considered the inventor of the astrolabe. A didactic poem from his pen,De octo vitiis principalibus, is printed in Haupt’sZeitschrift für deutsches Alterthum(vol. xiii.); and he is sometimes credited with the composition of the Latin hymnsVeni Sancte Spiritus, Salve Regina, andAlma Redemptoris. Amartyrologiumby Hermann was discovered by E. Dümmler in a MS. at Stuttgart, and was published by him in “Das Martyrologium Notkers und seine Verwandten” inForschungen zur deutschen Geschichte, xxv. (Göttingen, 1885).See H. Hansjakob,Herimann der Lahme(Mainz, 1875); Potthast,Bibliotheca med. aev.s. “Herimannus Augiensis.”

See H. Hansjakob,Herimann der Lahme(Mainz, 1875); Potthast,Bibliotheca med. aev.s. “Herimannus Augiensis.”

HERMANN OF WIED(1477-1552), elector and archbishop of Cologne, was the fourth son of Frederick, count of Wied (d. 1487), and was born on the 14th of January 1477. Educated for the Church, he became elector and archbishop in 1515, and ruled his electorate with vigour and intelligence, taking up at first an attitude of hostility towards the reformers and their teaching. A quarrel with the papacy turned, or helped to turn, his thoughts in the direction of Church reform, but he hoped this would come from within rather than from without, and with the aid of his friend John Gropper (1503-1559), began, about 1536, to institute certain reforms in his own diocese. One step led to another, and as all efforts at union failed the elector invited Martin Bucer to Cologne in 1542. Supported by the estates of the electorate, and relying upon the recess of the diet of Regensburg in 1541, he encouraged Bucer to press on with the work of reform, and in 1543 invited Melanchthon to his assistance. His conversion was hailed with great joy by the Protestants, and the league of Schmalkalden declared they were resolved to defend him; but the Reformation in the electorate received checks from the victory of Charles V. over William, duke of Cleves, and the hostility of the citizens of Cologne. Summoned both before the emperor and the pope, the elector was deposed and excommunicated by Paul III. in 1546. He resigned his office in February 1547, and retired to Wied. Hermann, who was also a bishop of Paderborn from 1532 to 1547, died on the 15th of August 1552.

See C. Varrentrapp,Hermann von Wied(Leipzig, 1878).

HERMANN, FRIEDRICH BENEDICT WILHELM VON(1795-1868), German economist, was born on the 5th of December 1795, at Dinkelsbühl in Bavaria. After finishing his primary education he was for some time employed in a draughtsman’s office. He then resumed his studies, partly at the gymnasium in his native town, partly at the universities of Erlangen and Würzburg. In 1817 he took up a private school at Nuremberg, where he remained for four years. After filling an appointment as teacher of mathematics at the gymnasium of Erlangen, he became in 1823Privatdozentat the university in that town. His inaugural dissertation was on the notions of political economy among the Romans (Dissertatio exhibens sententias Romanorum ad oeconomiam politicam pertinentes, Erlangen, 1823). He afterwards acted as professor of mathematics at the gymnasium and polytechnic school in Nuremberg, where he continued till 1827. During his stay there he published an elementary treatise on arithmetic and algebra (Lehrbuch der Arith. u. Algeb., 1826), and made a journey to France to inspect the organization and conduct of technical schools in that country. The results of his investigation were published in 1826 and 1828 (Über technische Unterrichts-Anstalten). Soon after his return from France he was madeprofessor extraordinariusof political science of the university of Munich, and in 1833 he was advanced to the rank of ordinary professor. In 1832 appeared the first edition of his great work on political economy,Staatswirthschaftliche Untersuchungen. In 1835 he was made member of the Royal Bavarian Academy of Sciences. From the year 1836 he acted as inspector of technical instruction in Bavaria, and made frequent journeys to Berlin and Paris in order to study the methods there pursued. In the state service of Bavaria, to which he devoted himself, he rose rapidly. In 1837 he was placed on the council for superintendence of church and school work; in 1839 he was entrusted with the direction of the bureau of statistics; in 1845 he was one of the councillors for the interior; in 1848 he sat as member for Munich in the national assembly at Frankfort. In this assembly Hermann, with Johann Heckscher and others, was mainly instrumental in organizing the so-called “Great German” party, and was selected as one of the representatives of their views at Vienna. Warmly supporting the customsunion (Zollverein), he acted in 1851 as one of its commissioners at the great industrial exhibition at London, and published an elaborate report on the woollen goods. Three years later he was president of the committee of judges at the similar exhibition at Munich, and the report of its proceedings was drawn up by him. In 1855 he became councillor of state, the highest honour in the service. From 1835 to 1847 he contributed a long series of reviews, mainly of works on economical subjects, to theMünchener gelehrte Anzeigenand also wrote for Rau’sArchiv der politischen Ökonomieand theAugsburger allgemeine Zeitung. As head of the bureau of statistics he published a series of valuable annual reports (Beiträge zur Statistik des Königreichs Bayern, Hefte 1-17, 1850-1867). He was engaged at the time of his death, on the 23rd of November 1868, upon a second edition of hisStaatswirthschaftliche Untersuchungen, which was published in 1870.

Hermann’s rare technological knowledge gave him a great advantage in dealing with some economic questions. He reviewed the principal fundamental ideas of the science with great thoroughness and acuteness. “His strength,” says Roscher, “lies in his clear, sharp, exhaustive distinction between the several elements of a complex conception, or the several steps comprehended in a complex act.” For keen analytical power his German brethren compare him with Ricardo. But he avoids several one-sided views of the English economist. Thus he places public spirit beside egoism as an economic motor, regards price as not measured by labour only but as a product of several factors, and habitually contemplates the consumption of the labourer, not as a part of the cost of production to the capitalist, but as the main practical end of economics.

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