The Modern Devotion

Confrontation with Reformation and Humanism

K. The Lawyer

In the case we have just mentioned, Groote was the judge, but he was also an excellent lawyer. In order to appreciate him in this capacity one cannot do better than study his letter to the provost of the newly founded monastery of Augustinian Canons Regular at Eemsteyn, together with that to John of Arnhem, canon of St. Peter's.² The dispute was concerned with the parish church of Eemkerk. The Canons Regular had assumed the cura on taking up residence. It had been laid upon them at this time by the provost of St. Peter's, who possessed the patronage of this church. The Canons Regular found, however, that the serving of the church distracted too much from the fulfilment of their monastic duties and their opinion was upheld by Gerard Groote. The provost and the chapter demanded that the fathers should appoint one of the monastics and could support their demand by reference to the signed contract.³ Groote answered a request for help by a letter to the provost of Eemsteyn. He fully informed the prior of the monastery concerning his point of view, which did not prevent the prior from taking an opinion on his advice from a jurist and lawyer. The deacon of St. Salvator in Utrecht, Gerard Foec, would act as their counsel, and ‘you must pay him two guilders or so to oil the wheels a little! You must show him the draft which I sent and a piece dealing with the three possible ways, but do not let him see the other piece, intended for the forum of your conscience. I think that he will prefer to advise against the deacon of St. Peter's than against the others. You must earnestly request him to pay very particular attention, for the lawyers' papers

2 Ibid., n. 38, 39, p. 153-157.

3 Ibid., p. 156.

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are often very superficial due to press of business or to negligence.’ Groote then goes on to discuss various other pieces of business but returns to the advice: ‘you must make it your business to find someone to defend your affair in the chapter of St. Peter. John of Arnhem, canon of St. Peter, is the man. I am writing him a letter of which I enclose a copy.’ Other matters follow then: ‘Do not worry about the threats from the chapter of St. Peter. Even if they take you to court, do not be afraid or despair of your rights but resist courageously - for injustice often follows those that flee, if they fear and are silent. Offer resistance. Later will surely come a settlement and it will be carried out. Unfortunately I cannot personally take on your defence. I have too many pressing problems, otherwise I would do it gladly at my own expense.¹ God will not forget us both.’

Groote thus arranges everything for the paters. He suggests a counsel who is no friend of the opposition. He must not act openly as such, but must be given a tip in advance. He gives them precise instructions how they must negotiate with this man - how they must pay. He indicates what should be shown and what not. They must seek support from a deacon who is not well inclined towards the chapter of St. Peter and from a member of the chapter itself. He exhorts them to act as though they were completely in the right.

1 Ger. M. Ep. no. 38, pp. 153-155.