shield, sword or lance, or moreover any kind of armor. On the remaining days indeed, viz., on Sundays, Fridays, apostles' days and the vigils of the apostles, and on every day set aside, or to be set aside, for fasts or feasts, bearing arms shall be legal, but on this condition, that no injury shall be done in any way to any one. If it shall be neces sary for any one in the time of the decreed peace-i. e., from the Advent of our Lord to the eighth day after Epiphany, and from Septuagesima to the eighth day after Pentecost-to go from one bishopric into another in which the peace is not observed, he may bear arms, but on the condition that he shall not injure any one, except in self-defence if he is attacked; and when he returns into our diocese he shall immediately lay aside his arms. If it shall happen that any castle is besieged during the days which are included within the peace the besiegers shall cease from attack unless they are set upon by the besieged and compelled to beat the latter back. And in order that this statute of peace should not be violated by any one rashly or with impunity, a penalty was fixed by the common consent of all; if a free man or noble violates it, i. e., commits homicide or wounds any one or is at fault in any manner whatever, he shall be expelled from our territory, without any indulgence on account of the payment of money or the intercession of friends, and his heirs shall take all his property; if he holds a fief, the lord to whom it belongs shall receive it again. Moreover, if it is learned that his heirs after his expulsion have furnished him any support or aid, and if they are convicted of it, the estate shall be taken from them and given to the king. But if they wish to clear themselves of the charge against them, they shall take oath with twelve, who are equally free or equally noble. If a slave kills a man, he shall be beheaded; if he wounds a man, he shall lose a hand; if he does an injury in any other way with his fist or a club, or by striking with a stone, he shall be shorn and flogged. If, however, he is accused and wishes to prove his innocence, he shall clear himself by the ordeal of cold water, but he must himself be put into the water and no one else in his place; if, however, fearing the sentence decreed against him, he flees, he shall be under a perpetual excommunication; and if he is known to be in any place, letters shall be sent thither, in which it shall be announced to all that he is excommunicate, and that it is unlawful for any one to associate with him. In the case of boys who have not yet completed their twelfth year, the hand ought not to be cut off; but only in the case of those who are twelve years or more of age. Nevertheless if boys fight, they shall be whipped and deterred from fighting. It is not an infringement of the peace, if any one orders his delinquent slave, pupil, or any one in any way under his charge to be chastised with rods or cudgels. It is also an exception to this constitution of peace, if the Lord King publicly orders an expedition to attack the enemies of the kingdom or is pleased to hold a council to judge the enemies of justice. The peace is not violated if, during the time, the duke or other counts, advocates or their substitutes hold courts and inflict punishment legally on thieves, robbers and other criminals. The statute of this imperial peace is especially enacted for the security of those engaged in feuds; but after the end of the peace, they are not to dare to rob and plunder in the villages and houses, because the laws and penalties enacted before the institution of the peace are still legally valid to restrain them from crime, moreover because robbers and highwaymen are excluded from this divine peace and indeed from any peace. If any one attempts to oppose this pious institution and is unwilling to promise peace to God with the others or to observe it, no priest in our diocese shall presume to say a mass for him or shall take any care for his salvation; if he is sick, no Christian shall dare to visit him; on his death-bed he shall not receive the Eucharist, unless he repents. The supreme authority of the peace promised to God and commonly extolled by all will be so great that it will be observed not only in our times, but forever among our posterity, because if any one shall presume to infringe, destroy or violate it, either now or ages hence, at the end of the world, he is irrevocably excommunicated by us. The infliction of the above mentioned penalties on the violators of the peace is not more in the power of the counts, centenaries or officials, than in that of the whole people in common; and they are to be especially careful not to show friendship or hatred or do anything contrary to justice in punishing, and not to conceal the crimes, if they can be hidden, but to bring them to light. No one is to receive money for the release of those taken in fault, or to attempt to aid the guilty by any favor of any kind, because whoever does this incurs the intolerable damnation of his soul; and all the faithful ought to remember that this peace has not been promised to men, but to God, and therefore must be observed so much the more rigidly and firmly. Wherefore we exhort all in Christ to guard inviolably this necessary contract of peace, and if any one hereafter presumes to violate it, let him be damned by the ban of irrevocable excommunication and by the anathema of eternal perdition. In the churches, however, and in the cemeteries of the churches, honor and reverence are to be paid to God, so that if any robber or thief flees thither, he is by no means to be killed or seized, but he is to remain there until by urgent hunger he is compelled to surrender. If any person presumes to furnish arms or food to the criminal or to aid him in flight, the same penalty shall be inflicted on him as on the criminal. Moreover, by our ban we interdict laymen from punishing the transgressions of the clergy and those living under this order; but if seized in open crime, they shall be handed over to their bishop. In cases in which laymen are to be executed, the clergy are to be degraded; in cases in which laymen are to be mutilated, the clergy are to be suspended from office, and with the consent of the laymen they are to suffer frequent fasts and floggings until they atone. III. PRIVILEges of THE CRUSADERS. The privileges were of gradual growth. Urban promised remission of sins, possibly more. His successors found it necessary to add great material inducements to the spiritual. As the zeal for the crusades flagged, the privileges increased. Finally when Innocent IV. preached a crusade against a Christian king, Conrad IV., he "granted a larger remission of sins than for the voyage to the Holy Land, and included the father and mother of the crusaders as beneficiaries in the assurance of heaven." In his struggle against the heretics in Languedoc, Innocent III. made free use of his power to offer inducements to crusaders. The privileges were nearly identical with those granted for the crusades in the East, and the time of service required was only forty days. Those who had taken a vow to fight against the infidels in the Holy Land were freed from their oath on condition that they would fight against the heretics in Languedoc. The examples given here illustrate the growth of the privileges-until they be came burdensome even to those who were supposed to profit by them, and also the manner in which the popes attempted to turn this weapon against their political enemies. 1. Privilege granted by Urban at the Council of Clermont, 1095. William of Malmesbury in Rolls Series, Book IV, chap. II. Latin. If any one through devotion alone, and not for the sake of honor or gain, goes to Jerusalem to free the church of God, the journey itself shall take the place of all penance. 2. Privileges granted by Eugene III, 1146.* Otto of Freising, Gesta Friderici, I, 35 in M. G. SS. xx, 371. Latin. Moreover, by the authority vested by God in us, we who with paternal care provide for your safety and the needs of the church, have promised and granted to those who from a spirit of devotion have decided to enter upon and accomplish such a holy and necessary undertaking and task, that remission of sins which our predecessor 'Pope Urban instituted. We have also commanded that their wives and children, their property and possessions, shall be under the protection of the holy church, of ourselves, of the archbishops, bishops and other prelates of the church of God. Moreover, we ordain by our apostolic authority that until their return or death is fully proven, no law suit shall be instituted hereafter in regard to any property of which they were in peaceful possession when they took the cross. Those who with pure hearts enter upon such a sacred journey and who are in debt shall pay no interest. And if they or others for them are bound by oath or promise to pay interest, we free them by our apostolic authority. And after they have sought aid of their relatives or lords of whom they hold their fiefs, and the latter are unable or unwilling to advance them money, we allow them freely to mortgage their lands and other possessions to churches, ecclesiastics or other Christians, and their lords shall have no redress. Following the institution of our predecessor, and through the authority of omnipotent God and of St. Peter, prince of the Apostles which is vested in us by God-we grant absolution and remission of sins, so that those who devoutly undertake and accomplish such a holy journey, or who die by the way, shall obtain absolution for all their sins which they confess with humble and contrite heart, and shall receive from the Remunerator of all the reward of eternal life. Granted at Vetralle on the Kalends of December. 3. Decree of Philip Augustus, 1188, concerning the Debts of the Crusaders. Rigordus: Gesta Philippi Augusti in Bouquet: Recueil, xvii, 25. Latin. In the name of the holy and indivisible Trinity, Amen. It has *The whole Bull is translated in Henderson, pp. 333-336. For date, see note in 7. G. SS. 1. c. and Kugler; Studien zur Geschichte des zweiten Kreuzzugs, p. 1. been decided by lord Philip, king of the Franks, by the advice of the archbishops, bishops and barons of his land: 1. That bishops, prelates, and clerks of the conventual churches, and knights who have taken the cross, shall have a respite of two years— dating from the first feast of All Saints after the departure of the king— in paying the debts which they owed to Jews or Christians before the king took the cross; that, is on the first feast of All Saints the creditors shall have a third of the debt, and on the following feast of All Saints a second third of the debt, and on the third feast of All Saints the last third of the debt. Also, for each one, from the day on which he takes the cross, interest on debts previously contracted shall cease. 2. If a knight, who is the legitimate heir, son, or son-in-law of a knight not taking the cross, or of a widow, and who is under the jurisdiction of his father or mother, takes the cross, his father or mother shall have a respite from their debts, in accordance with the above ordinance. 3. If, however, their son or son-in-law, who has taken the cross, is no longer under their jurisdiction, or, if he is not a knight, or, if he has not taken the cross, they shall not enjoy a respite through this decree. 4. Also, within a fortnight after the next feast of St. John the Baptist, those debtors who have lands and revenues, shall through the lords in whose territory the lands are, assign the lands and revenues to their creditors; in order that from these the creditors may collect their debts at the aforesaid times and according to the aforesaid form. The lords shall not be able to prevent those assignments, unless they themselves settle with the creditor for the debt. 5. Those who do not have sufficient lands or revenues to make an assignment for their debts, shall give their creditors sureties or bail that they will pay their debts at the dates fixed. And unless they give security, as has been arranged, through assignment of lands, or sureties, or bail if they have no lands, within a fortnight after the next feast of St. John the Baptist, they shall not have the respite which is granted to others. 6. If any crusader, who is a clerk or knight, is in debt to a crusader, who is a clerk or knight, he shall have a respite from his debt until the next feast of All Saints—provided, however, that he furnishes good security for paying his debt at the time indicated. 7. If any one of those, who have taken the cross, shall have assigned to any one gold, silver, grain, or any other personal property, a ve ek |