4 Lay Judges and the Acculturation of the Masses (France and the Southern Low Countries, Sixteenth to Eighteenth Centuries) ROBERT MUCHEMBLED, translated by John Burke In a recent study, I proposed that the concept of acculturation be used to describe and explain the immense endeavour by sixteenth- and seventeenth-century social, intellectual, political and religious elites to control and subject the masses in France and the Low Countries.1 Among the numerous agents of that cultural conquest of the humble, a notable position was occupied by the lay judges. Bearers of an ideology heavily impregnated by Christianity, and in particular by the Counter-Reformation, they exercised acculturising functions in two principal areas: in the first place, they defined law and crime, that is, the Ideal City and the underworld of the outcasts; secondly, they played the role of cultural intermediaries at all levels of a judicial pyramid whose shadow extended more and more over the society of that time. With the exception of village judges, municipal magistrates, or feudal knights of Flanders or Artois, for example, who came from rural areas and could not always read, sixteenth- and seventeenth-century magistrates partook of a new, almost closed, mental and cultural universe heavily marked by religion and by a sense of order. To be convinced of this, there is no need to undertake a painstaking study of the personnel of parliaments or sovereign courts,2 nor of the striking personalities of the times - for example, Jean Bodin - nor even of the numerous legal commentators whose work achieved the dignity of print, such as Claude Le Brun De La Rochette's Les Proces civiles et criminels (Rouen, 1611). Humbler magistrates were equally representative, not least in their ordinariness, of a group whose members differed from one another economically, but formed a very homogeneous team in ideological terms. In effect, lawyers were formed by the universities and were cast in the successive moulds of the trivium, the quadrivium and the law. They were thus clerks by definition, and recorded this fact in codes of moral and religious behaviour which coloured their entire lives. They were also bookmen, eager to read and ready, at the slightest opportunity, to cite juridical works by ancient and modern authors. Consequently, they moved Lay Judges and Acculturation 57 in a world of rules, precepts and sentences. They were unable to avoid fusing their lives and writings. As examples, the manuscript works of two Artesian jurists include a sufficient number of personal commentaries or digressions to enable the historian to understand the authors' ideology. The first of these is the anonymous editor of a collection of criminal decrees from various courts in Artois in the sixteenth and first third of the seventeenth century.3 He indicates that about 1616 he was advocate at Aire-sur-la-Lys, echevin at Arras and member of the Council of Artois. The second, Pierre Desmasures, Lord of Val Bernard, Bachelor of Law and procureur general of the county of Artois, is much better known.4 He left a manuscript commentary on the coutume generate of Artois, which was completed towards 1638, and held authority until the end of the ancien regime,5 as the many copies of the work demonstrate. These two jurists, then, both subjects of the Spanish Crown before the French conquest of Artois and contemporaries of one another, were privileged witnesses to the 'Golden Age' of Catholicism in the southern Low Countries. They saw the Counter-Reformation develop and reaffirm the power of the prince, after the Wars of Religion in the second half of the sixteenth century. At their own level of authority and in areas under their jurisdiction, they recorded and disseminated the dominant ideas which laity and ecclesiastics imposed, in order to avoid contamination by the heretical United Provinces situated so near at hand. They hoped thus to steer clear of another 'revolution' like the one which shattered the unity of the Seventeen Provinces in 1579. Their thoughts, while not always new and original, at least constitute a coherent body, centred around complementary notions of obedience to God and to secular powers. For Desmasures, who examines the crime of lese-majeste, subjects must honour God, and, after Him, their king 'as the universal father of the country, legitimate prince and natural protector, keeper and guardian of the state and the republic'.6 While commenting on the crime of larceny, the anonymous jurist makes clear the importance of the relation which exists in his mind and in those of his fellow creatures between God, nature and the powers which govern human society. For there exists a law of nature, which is 'a sovereign reason, situated in nature, which commands us to do good and prevents us from doing evil'. In other words, there is in man a law 'given to him by God to shape his life and form his morals'. Thus, if 'virtue is natural', 'vice is an odious adversary of nature, detestable to the universe'. The anonymous author adds that by misfortune Adam 'let himself be tricked and deceived by the imposture of Satan, principal enemy of nature'. Therefore criminal punishments have been invented. They are necessary, so that those who refuse to obey natural reason 'are constrained by fear of the punishment which the law has ordained for their faults'.7 Crimes are linked, according to these lawyers, to vice, the Devil and evil. Because of this, the mission of judges, like those of the king and established authorities, is profoundly moral. The anonymous Artesian then goes on to state 'the office of magistrate is the gift of God, a divinely ordained dignity so that human society may be kept, maintained and guarded in such good order that, all confusion avoided, everyone should be held and maintained 58 Religion and Society in Early Modern Europe in his position'. He adds, with a self-congratulatory flourish, that the magistrate stands in relation to human society as does the sun to the heavenly bodies.8 Of course, it is necessary to distinguish between the ideal and the real in reading such professions of faith. It is hardly surprising to find an old jurist, reflecting on the role he has played in society, or would perhaps like to have played, expressing judgements which value that role. But the discourse of Desmasures and his anonymous colleague must retain at least a fragment of truth. Common mental reflexes bound them. They distinguish two worlds, two camps, in the society of their times: one, superior, to which they belonged; the other, inferior, the confinement and control of which was their duty 'by nature'. In fact it is a commonplace that justice in the sixteenth and seventeenth centuries possessed clear class characteristics. A more detailed study, which it is not possible to provide here, would readily prove this. The anonymous author and Desmasures often speak in an offhand manner of their contempt for the 'vile populace', with their vulgar and scandalous morals. And each knows that criminal punishments vary according to many criteria, including the social origin of the culprit. Desmasures, for instance, calls for exemplary punishment in cases of inferiors insulting their superiors, failing which 'by the insolence and irreverence of a man of no substance, a person of quality would be attacked and insulted inopportunely, which would set a bad example'.9 In short, sixteenth- and seventeenth-century magistrates considered themselves invested with a quasi-divine mission and applied to human society a dualistic vision of the battle of good and evil, which had been forcefully reaffirmed by the Counter-Reformation. Their acculturising functions with regard to the masses proceeded from their social role and ideology. The law underwent some important changes from the sixteenth century onwards. The common law (coutumes) began to be written down in France and the Low Countries. Criminal law was the object of important reforms, in 1539 and 1670 in France, and in 1570 in the Low Countries.In general, justice, which had been highly diffuse in the Middle Ages, was concentrated on diverse echelons in the hands of the officers of prince or king. A real judicial pyramid, imperfect, it is true, but more and more solid, began to appear. Judges and jurists defined precisely the boundaries of the Ideal City which they were duty-bound to defend against the hordes of besiegers -criminals and deviants of all descriptions. In the social arena, they tirelessly uprooted noxious weeds while defining new types of crime, or rather, reprimanding more ferociously than before certain anomalous modes of behaviour, in particular those pertaining to sexuality and superstition. Equally, the violence of the conflict led them to reinforce their real prestige and to pursue pitilessly any rejection of their authority. In these areas (which moreover were limitless) they worked steadily towards the acculturation of the masses, by spreading fear and making examples of offenders. Historians of criminality have been much concerned to verify the hypothesis that in the sixteenth and seventeenth centuries crimes of violence Lay Judges and Acculturation 59 decreased as crimes of theft increased. They have been less concerned with two other types of crime distinguished by authors of the early modern period: immorality, and the crime of human and divine lese-majeste. Now at that time legal counsels and commentators were quite obsessed by sexual deviations, which they treated, in long chapters, with a kind of puzzled delectation.10 As for crimes of lise-majeste, they enabled the worst obsessions of the period to be defined and, by antithesis, they clarified the principal values held by ecclesiastic and lay elites. It is doubtful whether sixteenth-century people so abruptly liberated themselves from sexual inhibitions that they committed an increasing number of crimes of this type. Nevertheless, trie anonymous Artesian cited above devotes nearly a third of his manuscript to the presentation of provincial law on matters of immorality. He distinguishes lewdness, adultery, procuration, polygamy, debauchery ('which deflowers without force ...'), abduction, incest, sodomy, not forgetting hermaphroditism.11 In fact, what had developed during the Middle Ages was rather repression than the crime itself. Since the Council of Trent, magistrates had become very aware of the problem of sexuality. The anonymous Artesian frequently cites the decrees of this Council. In the chapter he devotes to lewdness, for example, he recalls the prohibition of concubinage, directed at both married and unmarried men; or that prohibiting clerks to 'wallow in the filth of lewdness or in the sour lime of concubinage'. Then he comments: it is as feverish and furious a passion as carnal love, and very dangerous to him who lets himself be transported by it, for then where is he? He is no longer in control of himself, his body will undergo a thousand pains in the search for pleasure, his spirit will be racked a thousand times to serve his desire. Growing desire will turn into fury: as it is natural so also is it violent and common to all, whom it deranges by its action, uniting the fool and the wise man, man and beast, negating all wisdom, resolve, prudence, contemplation,-and every operation of the soul.12 Whether it came from the pen of the anonymous magistrate or whether it had been copied from some literary source, this regular lay sermon against love and pleasure perfectly represents the Tridentine spirit as it issued from judges. The anonymous author makes clear once again that his preference leads to a morality of renunciation. 'Carnal pleasure is unsuitable for human nature', he writes, after having cited in support of his views Cicero and Pierre Charon. In conclusion he emphasises the necessity of knowing how the passions may be restrained, for it is 'an excellent thing to live by thrift, sobriety, temperance and in keeping to a golden mean'.13 The morality of the seventeenth-century 'honnete homme' flows from the pen of this jurist, who was directly influenced by the Council of Trent. Regarding debauchery, for example, the anonymous author refers to one of the rulings of the Council which defines lay celibacy as a state superior to marriage. In support of this decree he cites the writings of the Jesuit Theophile Bernardin, Then he personalises the issue: while marriages 'may be good and instituted by God himself, all the same, continence and 64 60 Religion and Society in Early Modern Europe virginity are more noble and excellent', he writes; and he further claims that such principles have guided his own judicial action, quoting a succession dispute settled by the Council of Artois, in which a testator demanded that his heir take an 'etat honorable' to be eligible to inherit. 'In my .opinion [rapport], it was judged that celibacy is not a favourable state if it is not followed by a simple vow of chastity, and that vow should be made known to people by outward action', he says. Finally, he refers to the works of Jean-Pierre Camus, Bishop of Belley, on marital continence, to conclude in a prophetic tone that 'to lie with a wife and do nothing, that is a miracle!'14 This example helps us to understand how and why judges became agents of the acculturation of the masses. The anonymous Artesian, quite as much as Desmasures, is profoundly influenced by the spirit of the Council of Trent. And he performs his office by trying to implement within society the principles of the Counter-Reformation. The chastity he advocates is certainly not part of the norm for the average Christian and rather forms part of the monastic ideal, or the path towards sanctity. Yet, this practitioner of law expounds a fear of sexuality and a repressive intent in this area, which are typical of the sixteenth-century Catholic reform movement. Moreover, he has had opportunities, before various courts in Artois, to drive home the ideas he puts forth. For in the France and Low Countries of his times, justice pursued deviation with regard to sexual norms with a new rigour. Were not polygamists hanged in France, whereas in the past it had been considered sufficient to have them lashed and sent home with bedposts hung from their girdles? The anonymous Artesian adds that he has seen the latter penalty still practised in Artois in 1608.15 As for Desmasures, regarding adultery he distinguishes between people of 'condition honneste' in Artois, who must pay a fine and make honourable reparation, and 'personnes viles et abjectes', who are thrashed and banned from the county.16 Similarly, he also draws our attention to the increased sexual repression, which, as in France, expressed itself in the growing severity of the judgements passed on infanticidal mothers, who in theory were liable for the death penalty, or in the condemnation to degrading penalties of married men who frequented prostitutes. Numerous other examples could be given. A remark of Desmasures suffices to exemplify the evolution. He recounts that before the Council of Trent a public brothel, controlled by a kind of municipal officer called King of the Debauched, was tolerated at Arras. Since then, it had officially been closed.17 The judges therefore played an important role in the application of Tridentine ideology to society and in particular to the masses. Proof of this might be brought with regard to the example of the poor and the vagabonds, who had no place in a world ruled by a work ethic more constraining than hitherto, and who had become fair game for police and justice.18 In the same way, the battle against superstition and sorcery provides evidence of the scope of the acculturation of the masses in the sixteenth and seventeenth centuries. Though invented and systematised by churchmen at the end of the Middle Ages, demonology was put to work by lay judges, from the most humble to the most prestigious, fuelling an intense witch hunt from the middle of the Lay Judges and Acculturation 61 sixteenth century onwards. Civil authorities, supported by the courts, endeavoured for more than a century to extirpate the Devil and his accomplices. Hundreds were burned at the stake in France and the Low Countries. And as I have shown in detail elsewhere,19 magistrates inculcated in the masses, and particularly in the peasants, a veritable pedagogy of fear, the better to separate them from their ancestral superstitions. In other words, lawyers, who were keenly conscious of the importance of their mission to defend Christianity, were seen by all contemporary witnesses of this confrontation as establishing the frontier between good and evil. Thus they transmitted the teaching of priests, and all the effort of the Counter-Reformation, directed at transforming the often polytheist and animist rural people into Tridentine Catholics. By defining precisely the diabolic figure, the elites were able much more efficiently to force those they governed to obey a terrible and vengeful God, who alone could help human beings triumph over the Devil.20 The battle against popular superstition occupied an important place among the preoccupations of the magistrates, and condemnations for witchcraft, which remained rare compared to the total number of crimes prosecuted, were its most spectacular form. However, lay judges frequently had occasion to deal severely with less flagrant but everyday offences among the people, such as belief in diviners and faith healers, abuse of relics or amulets, erroneous opinions, blasphemies, sacrileges, and heterodox pursuits, such as the flagellation of the statue of a saint who had not granted what was asked of him. In these seemingly trivial matters the magistrates patiently and painstakingly wove a new popular morality. The exemplary character of the penalties provides us with the main evidence in this respect. Once again, justice joined in pedagogy of the masses. Blasphemy, for example, was pursued more and more. In the Low Countries, a public notice of 5 October 1531 dealt with graduated punishments for relapses. The anonymous Artesian, a century later, notes that 'it seems that this penalty was remitted at the judge's discretion, who punished this offence more or less severely according to the circumstances'.21 He then enumerates many examples and describes diverse punishments: making public reparation, being put in the pillory, carrying a cask, having the tongue cut out, being exposed with a notice defining the crime committed, being imprisoned with a diet of bread and water, being branded with a red-hot iron, banishment, and so on. Blasphemy was included, like sacrilege and witchcraft, among crimes of lese-majeste against God. In their rigorous persecution of it, the courts worked for a change in popular behaviour. Applying the rulings of political and religious authorities, they tried by coercion and by setting examples to impose on the masses new languages and attitudes. Desmasures expresses it well when he comments on a royal ruling of 1554 which was not directed at blasphemies, but only 'scandalous and very vulgar terms among the simple populace, like bougre ... wuyot [cuckold] or conard, mort Dieu ... scandalous and damaging to the honour of others, which should be banned in all properly-policed states', more especially since these words give a bad example to children.22 62 Religion and Society in Early Modern Europe Lawyers of the sixteenth and seventeenth centuries bore within them the vision of an Ideal City which embodied the decrees of the Council of Trent. Like the ruling secular and ecclesiastical authorities of their time, they considered this City to be besieged by the Devil, heretics and deviants. They consciously participated in its defence. In addition, they felt themselves charged simultaneously with the elimination of perils, the extermination of witches and inveterate criminals, and the inculcation of their own ideals, or at least such of them as the masses could retain, in the superstitious and backward populace. The sword of justice therefore eliminated those beyond recovery. It was raised menacingly over deviants, to order them to get back into step, after a reparation, a penitence, a degrading penalty, or a fine had been imposed on them. In this second case, magistrates became cultural intermediaries between the elites and the masses, for they helped the former to dominate the latter. The consolidation of the judicial pyramid was reinforced in the early modern period by an increase in the magistrates' prestige. The majesty of their offices was made apparent in various ways: by the robes in which they appeared, the position they occupied in processions or triumphal entries, the deference which they exacted from the populace. Indeed, members of the great courts of justice privately considered that they took part in sacred rites while partaking of power, since 'the office of magistrate is a gift of God', as the anonymous Artesian says, adding that 'power is granted only to magistrates to punish delinquents'.23 The interminable list of sentences given by the same writer covering resistance, outrages, or insults against judges or officers shows that the whole profession wished to place itself above the ordinary run of mortals: any violence directed towards the person of a magistrate had to be more severely punished than that committed against an ordinary person. Consequently the humble sergeant of a prison, as well as the counsellor of a sovereign court, took part in this 'sacramentalising' of justice. The phenomenon is also to be explained, in a period when police forces were few, by the need to protect lawyers from the often brutal reactions of the population. Fear of a particularly rigorous punishment for attacking officers and judges dissuaded many individuals from taking the risk. But this deterrent was only partially successful, for legal commentators recited long litanies of more or less serious transgressions: a fruit-seller of Arras, who had slandered the municipal office of the Petit Marche simply by saying she 'would have nothing to do with Messieurs', was condemned by the echevins, on 3 August 1580, to make an honourable reparation and pay a fine. This was combined with the threat of banishment and the lash in case of relapse.24 The rift which opened up progressively in the sixteenth and seventeenth centuries between the magistrates and the population they administered recalls that which at the same time grew up between the cure and his flock. Indeed, the Council of Trent had made priests distinguish themselves from the faithful by wearing vestments, practising celibacy and following a certain mode of life. Fundamentally, though, this retreat away from the ordinary world in both cases allowed the institutions and individuals Lay Judges and Acculturation 63 concerned to assume the role of cultural intermediaries, authoritarian messengers of the civilisation of the elites and the written word among the mostly illiterate rural and urban masses. There were, however, in the sixteenth and seventeenth centuries cures as little educated as their faithful, and subordinate judges unable to write: at Bouvignies (Nord) in 1679, eight of the twenty feudal knights of the barony, that is, 40 per cent, made a cross to mark their names at the foot of procedural documents.25 Among them figures the lieutenant of the village! Such men continued to belong to a popular and oral culture, especially since their mode of life was not always distinct from that of their fellow countrymen. They played an acculturising role none the less. In fact, priests were more and more controlled by the ecclesiastical hierarchy. As for subordinate judges, they assimilated the new values of the elites and the law they were charged with applying in diverse ways, for the general tendency -which was a little further advanced in the Low Countries than in France -was towards a tightening of the bonds between subordinate judges and superior courts. The Council of Artois, for example, created by Charles V, gradually came to control the jurisdictions of the entire county, including the powerful echevinage of the city of Arras. In short, the impulse towards organisation and hierarchy resulted in a weakening of ecclesiastical, municipal and seignorial power in face of the advancement of that of the king.26 In these circumstances, royal officers controlled less educated village judges more and more effectively. This development was completed during the reign of Louis XIV. Henceforth, subordinate courts, in France as well as in recently conquered Flanders, had to ask the opinion of superior jurisdictions at each important stage of proceedings and were not permitted to use torture without authorisation. The example of Bouvignies in 1679 illustrates the phenomenon and explains how the spirit of the elites was communicated to local judges. The six witchcraft trials which took place at that time were the occasion of constant to-ing and fro-ing between the village halls of justice and the jurists of Douai. The civic legal experts gradually explained to their ignorant rural colleagues the finer points of demonology. They clearly urged them to deal severely, while hitherto country magistrates had been content with seeking out evil practices and superstitions, which perhaps would not have led the accused to the stake. A painstaking study of these trials shows that a consensus finally evolved between the legal experts of Douai, who preached the greatest severity, the village judges, who eventually profited from the trials, and the inhabitants, who came to give evidence against witches so that they might be clearly distinguished from them.27 In summary, the feudal knights of Bouvignies took part in the work of purifying their community and, in the general sense of the term, educating their fellow countrymen. They enabled Tridentine morality and religion to triumph over rural superstition and the Devil. Like the purifying flames of the stakes, they served as links between the world of the elites and that of the masses. And it matters little that a certain number among them did not 64 Religion and Society in Early Modern Europe know how to read: did they not learn the law and their craft by presiding at their courts, listening to the opinions of the Douai jurists being read, discussing demonology or how to obtain confessions? All magistrates, even the most humble, took part in the battle against the paganism of the masses. The judicial pyramid cast a shadow ever more vast and ever more menacing over the society of the time. The repression of crime turned towards a tight control of popular behaviour. Lay judges at all levels were on the look-out for religious and moral deviations, ranging from the most trivial, like blasphemy, to the most terrifying, like witchcraft. They thus worked for the establishment of new mechanisms of power based on the submission of souls and of the body.28 Who better than judges, in effect, to bring royal power down on the bodies of the tortured and condemned? The theses of Michel Foucault on the judicial-political function of torment, which enabled power to retemper itself and affirm its omnipotence, find an echo in the manuscript work of the anonymous Artesian. Concerning larceny, this seventeenth-century magistrate says that he has often seen ear-cropping practised. He gravely inquires why this penalty is imposed. Hippocrates gives him a reason: he claims that severing the veins behind the ear prevents reproduction. The anonymous writer comments: 'the ears of thieves are cut to prevent them breeding and to extinguish their progeny'. He adds other ideas to this: 'There is nothing more subject to disdain than a man who has lost one or both his ears and it is the greatest affront which could be made to him.' Besides, according to certain writers, 'to pull off an ear, is to have punished and maimed the entire body'.19 Here are added to the notion of exemplary penalties those of shame and ignominy. In the final analysis, the culprit is denied legitimate possession of his body. Justice, and therefore the king who is its source, constrains and beats the body at its own whim. Proof is thus given that justice retains absolute control, and it even appears that this includes the possibility, if Hippocrates is right, of limiting crime by extinguishing progeny. As bearers of the ideology of the Counter-Reformation and of absolutism, lay judges played a leading role in the acculturation of the rural and urban masses in the sixteenth and seventeenth centuries. Their discourses and their attitudes to criminals indicate a social ideal which recalls the monastic model and still more that offered by the Society of Jesus. Chastity, repression of sexual deviance, a sense of restraint and the refusal to be led astray by excessive passions, the necessity for everyone to keep his or her place in the divine plan of organisation of the universe, must, according to them, guide the steps of the 'honnete homme'. It is clear that magistrates thought of themselves as the privileged defenders of a besieged city. Reality taught them that the masses could not easily attain to the social, moral and religious ideal which they defended, but at least it was possible to encourage them to approximate to it. For that purpose it was necessary to constrain the body, put souls under submission, be vigilant in the defence of Christianity against the Devil and his henchmen - in a word, to supervise and tightly control the ordinary world. The judges of the sixteenth and seventeenth centuries were laymen only in Lay Judges and Acculturation 65 appearance. Their person, their ideology and their actions linked them with the missionaries of the Catholic Counter-Reformation. They belonged to the shock troops charged with inculcating a new definition of the sacred in the polytheist and animist masses, a new definition of authority and obedience. They took an active part in the vast offensive led by the elites against popular culture. Notes: Chapter 4 1 R. Muchembled, Culture populaire el culture des älites dans la France moderne (XVs-XVIIfi siede). Essai (Paris, 1978). 2 Among recent works: Ph. Sueur, Le Conseil provincial d'Artois (1640-1790), Arras, Comm. Departmentale des Monuments Historiques, Vol. I (= only vol. publ.) (Arras, 1978). 3 Bibliotheque Municipaäe de Lille (hereafter: BML), MS 380, Receuil d'affaires criminelles, 336pp. 4 E. Fournier, 'La personne et l'oeuvre de Pierre Desmasures, jurisconsulte artesien du XVIIe siecle', Bull, de la Soc. d'Etudes de la Province de Cambrai (May-June 1934). 5 BML, MS 510, eighteenth-century copy of Desmasures, Livre VI: 'Remarques et observations ... sur la coutume generale d'Artois ...' 6 ibid., fol. 2318 r. 7 BML, MS 380, pp. 49-50. 8 ibid., p. 90. 9 BML, MS 510, fols 2318 r and 2527 v - 2528 r. 10 See, for example, Claude Le Brun de la Rochette, Les Proces civiles et criminels, divise en cinq livres (Rouen, 1611), and the manuscripts cited above, nn. 3 and 5. 11 BML, MS 380, pp. 171-290 (qualified homicide, pp. 44-7, and larceny, pp. 48-73). 12 ibid., pp. 175-6, 178. 13 ibid., p. 185. 14 ibid., pp. 252-5. 15 ibid., pp. 241-2. 16 BML, MS 510, fol. 2452 v. 17 ibid., fols 2479 v - 2480 r - v. 18 See J.-P. Gutton, La Sociitiet tespauvresen Europe(XVfi-XVUf Steeles) (Paris, 1974). 19 R. Muchembled, La Sorciere au village (X^-XVIlf siecle) (Paris, 1979); and my contribution to M.-S. Bouchat, W. Frijhoff and R. Muchembled, Prophetes el sorciers dans les Pay-Bas, XVfi-XVIlf siecle (Paris, 1978). 20 See J. Delumeau, La Peur en accident, XIV^-XVIH1 siecles: line cite assiegee (Paris, 1978). 21 BML, MS 380, p. 312. 22 BML, MS 510, fols 2317 v - 2318 r. 23 BML, MS 380, pp. 90, 127. 24 ibid., p. 139. 25 R. Muchembled, Les Verniers Bachers: Un village de Flandre et ses sorcieres sous Louis XIV (Paris, 1981), table 8, pp. 270-1. 26 Y. Bongert, Le Droit penal francais de la fin du XVs Steele ä {'ordonnance criminelle de 1670, Paris, Les cours de droit, 2 vols (Paris, 1972-3). 27 Muchembled, Les Derniers Büchers, notably pp. 53-76. 28 Muchembled, Culture populaire, pp. 229 ff. 29 ibid., pp. 247 ff. and BML, MS 380, pp. 57-8. If |j 5 Against the Acculturation I Thesis I JEAN WIRTH, translated by John Burke ft ¥ I I; In 1910 the French sociologist Lucien Levy-Bruhl published Les Functions jj mentales dans les societes inferieures, and in 1922 La Mentalite primitive. I The concept of mentalite which these books introduced very swiftly came in I for criticism, in particular from Marcel Mauss.! As early as 1913 Levy- j; Brühl regretted the use of this vague and equivocal expression, as also the { equally unfortunate use of 'primitive'. His notebooks, published in 1949, [ show that eventually he himself recognised the identity of mental structures t in all known societies. But the harm had been done; though anthropologists [ became more prudent, historians threw themselves at this fashionable word. I Half a century later it remains characteristic of the so-called Nouvelle \ Histoire. From 1965 onwards French historians borrowed, at first timidly, another