before the Purification of the Blessed Mary or after that time, the creditor shall not be compelled to give him a respite on that account. 8. If any one buys from another, who has not taken the cross, the usufruct of his lands for one year at a fixed price, the bargain shall stand.

9. If any knight or clerk shall have mortgaged his lands or revenues to a citizen, who is also a crusader, or to a clerk or knight, who is not a crusader, or shall have assigned them for a period of years, the debtor this year shall receive the produce of the lands or the revenues; and the creditors, as a recompense for this year, shall hold the property for one year after the completion of the years for which the mortgage or assignment ought to continue. However, if the creditor shall have cultivated the mortgaged lands or vineyards, he shall have one-half the grain this year for his labor.

10. All bargains made a week before the Purification of the Blessed Virgin, or after that date, shall hold good.

11. For all debts on which he obtains a respite, the debtor must give as good security as, or better than, he had previously given. If a dispute arises about the security, the council of the lord of the creditor shall demand as good security as, or better than, before. And if the security is not fixed by that lord, it shall be fixed by the council of the prince of the land.

12. If any lord or prince under whose jurisdiction the said creditors or debtors shall be, shall not wish to observe, or shall not cause to be observed, this decree concerning the respite for debts or the assignments, he shall be warned by his metropolitan or bishop; if he shall not make amends within forty days, he may be placed by the same under a sentence of excommunication. Nevertheless, as long as the lord or prince shall be willing to prove, in the presence of his metropolitan or bishop, that in this respect he has not failed in his duty to either creditor or debtor, and that he is prepared to comply with the decree, the metropolitan or bishop shall not have the power to excommunicate him.

.13. No crusader, whether clerk, knight, or any one else, shall be obliged to defend himself in a law suit, concerning the land of which he was tenant, from the day on which he takes the cross until he returns from his undertaking, unless the suit had been brought against him before he had taken the cross.

4. Privileges granted by the Fourth Lateran Council, 1215.*

Mansi, Concilia, vol, XXII, p. 1057 sq. Latin.

Moreover, we grant to the clergy that they may retain their fiefs intact for three years as if they were resident in their churches; and if necessary, they may mortgage them for the same length of time.

In order that nothing relating to Christ's business may be neglected, we wish and command patriarchs, archbishops, bishops, abbots and others who have charge of souls, to set forth zealously to those committed to their care the word of the cross, exhorting in the name of the Father, Son and Holy Ghost,-one only, true and eternal God,-kings, dukes, princes, marquises, counts, barons and other magnates, also the communities of cities, towns and villages, who do not go in person to the aid of the Holy Land, to send a suitable number of warriors, with the necessary expenses for three years, according to their individual means, for the remission of their own sins—as is stated in our general letters, and as is also stated below, for the greater surety.

Of this remission we wish to be partakers, not only those who furnish their own vessels, but also those who may have striven to build ships for this purpose. Moreover, let it be sternly announced by apostolic authority to those who refuse-if perchance any shall be so ungrateful to our Lord God-that they are to understand that for this they will have to answer to us on the last day of the strict judgment, before an awful judge. Nevertheless, let them first consider with what conscience or what security they will be able to appear before the only begotten Son of God, Jesus Christ, into whose hands the Father gave all things, if they shall refuse in this matter, which is peculiarly fitting for them, to aid Him who was crucified for sinners, by whose bounty they live, by whose kindness they are maintained, nay, more, by whose blood they have been redeemed.

Since it is certainly right that those who give their allegiance to the heavenly Emperor should enjoy a special privilege: when the time of the expedition shall exceed one year in length, the crusaders shall be free from collections, tallages and other taxes. And we have taken their persons and property, after the assumption of the cross, under St.

*The whole of the decree relating to the crusade is translated in Henderson, pp. 337-344.

Peter's and our own protection, and we have decided that their defe shall be entrusted to the archbishops, bishops and all the prelates the church. We have also appointed officers of our own especially fo their protection, in order that their property may be kept intact and uninjured, until their death or return is known with certainty.

And if

any one attempts any attack upon their property he shall be restrained by ecclesiastical censure.

If any of those setting out thither are bound by oath to pay interest, we command that their creditors shall be compelled by the same means to release them from their oaths and to desist from the exaction of interest. But if any creditor shall compel them to pay interest, we order that he shall be forced by a similar chastisement to pay it back.

We command that the Jews, however, shall be compelled by the secular power to remit interest; and until they remit it all association of any kind with them shall be refused by all faithful Christians, under penalty of excommunication. For those, moreover, unable at present to pay their debt to the Jews, the secular princes shall provide by a useful delay, so that after they begin their journey they shall suffer no inconvenience from interest, until their death or return is known with certainty. The Jews shall be compelled, after deducting the necessary expenses, to count the income which they receive in the meantime from the mortgaged property toward the payment of the principal; since a favor of this kind which defers the payment and does not cancel the debt does not seem to cause much loss. Moreover, let the prelates of the church, who are proven to be negligent in doing justice to the crusaders and their families, understand that they shall be severely punished.

Therefore, trusting in the mercy of omnipotent God, and in the authority of the blessed apostles Peter and Paul, by that power of binding and loosing which God has conferred on us, although unworthy, we grant to all, who undergo the labor in their own person and at their own expense, full remission of the sins of which they have truly repented with contrite hearts, and which they have confessed with their mouths; and at the retribution of the just we promise an increase of eternal salvation. To those also who do not go thither in person, but yet according to their ability and means send suitable men at their expense, and to those likewise who go in person, although at the expense of others, we promise full remission of their sins. We also will and grant that, according to the kind of their aid, and the depth of their devotion, all

partake of this remission who minister fitly from their property to aid of that land or furnish opportune counsel and assistance. Also n all who piously proceed in this task the universal Synod bestows in common the aid of all its benefits that it may worthily conduce to their salvation. Amen.

5. Privileges granted for the Crusade against the Heretics in Languedoc, 1207-08.

Regesta Inn. III, Lib. X, Ep. 149, and Lib. XI, Ep. 156-159. Latin. (The Regesta are reprinted in Migne's Patrologiæ, etc. Books X and XI are in Vol. 215.)

Since those who fight for liberty of the church ought to be fostered by the protection of the church, we, by our apostolic authority, have decided that our beloved, who in obedience to Christ are signed-or are about to be signed-against the provincial heretics, from the time that they, according to the ordinance of our legates, place on their breasts the sign of the quickening cross, to fight against the heretics, shall be under the protection of the apostolic seat and of ourselves, with their persons and lands, their possessions and men, and also all of their other property; and until full proof is obtained of their return or death all the above shall remain as they were, free and undisturbed.

The above is taken from Lib. XI, Ep. 156, written to the Archbishops, Bishops, etc., on October 11, 1208, from Ferentino. Owing to lack of space, it is not possible to print all the letters referring to the privileges. Lib. X, Ep. 149, offers remission of sins and protection to crusaders, and also grants possession of all land taken from the heretics. Lib. XI, Ep. 157, permits the clergy to mortgage their property for two years, in order to obtain money for the crusade. Lib. XI, Ep. 158, confirms some of the above privileges and frees crusaders from paying interest. Lib. XI, Ep. 159, enjoins king Philip of France to compel the Jews to remit all interest to the crusaders. Numerous other letters in the Regesta confirm one or more of the privileges mentioned.

6. Privileges granted for a Crusade against Frederic II.
Extract from letter of Innocent IV, Aug. 30, 1248.

Huillard-Bréholles; Hist. diplomatica Frederici Secundi, VII. 647-8.
Latin.

Wherefore we advise that publicly in Rome, Campania, and Maratima, you preach a crusade against the aforesaid Frederic; and that you also cause suitable men to preach the crusade frequently and solemnly. And by our authority grant the remission of sins,-which was granted in the General Council to those who went to the succor of

the Holy Land-to all those who with fervent zeal choose to undertake a crusade against the same Frederic, in order to aid the church in rooting out, from the aforesaid kingdom, the perfidy which flows from its diseased head to the adjacent members, and in restoring there the faith formerly cherished. And also publish solemnly, and cause others to publish, that the same Frederic and all who aid him by counsel, succor or favor, in person or property, openly or secretly, are excommunicated by us; and also that the whole kingdom of Sicily is placed under an ecclesiastical interdict, as long as it shall adhere to him.

7. Privilege granted by Louis IX, 1270.*

Établissemens, Bk. I, 84, in Isambert: Anciennes Lois, II, 465. Old

French.

If the king, or a count, or a baron, or any lord who has the right of jurisdiction in his land, arrests a clerk, or crusader, or any man of religion, even if he is a layman, the lord ought to deliver him to the holy church, whatever may be his crime. And if the clerk has committed a crime for which the penalty is death by hanging, and is not tonsured, the secular justice ought to try him. But if he is tonsured and wears the habit of a clerk, even if he is a thief, no confession, no answer that he may make, can injure him, for he is not before his regular judges; and any confession made by one who is not before his regular judges has no value, according to the law written in the Decretals, De judiciis cap. Et si clerici and cap. Cum homine [Cum non ab homine].†

IV. PETER THE HERMIT.

Two of the participants were soon singled out by popular tradition as the heroes of the first crusade. Godfrey of Bouillon was pre-eminently the representative of the warlike element, and was falsely glorified as the leader of the whole expedition. His descent was traced from "the knight of the swan," and many were the valorous deeds imputed to him. (But the ascetic element was even more important than the military, and Peter the Hermit was selected as the representative of the ideal ascetic. His real deeds were obscured by the fables which clustered about his name.

It is certain that he never was in Jerusalem before the first crusade; that he did not incite Urban to preach the crusade; that he did not speak at Clermont; that his preaching was limited to a few months and a small part of France, and that he was in no way "the immediate cause of the crusade." Guibert gives the best account of

* For explanation of some of the points in the above, see "Benefit of Clergy" in H. C. Lea's Studies in Church History; especially pp. 206, ff. (Ed. 1883.) +Corpus Juris Canonici, c. 4 and 10, X, II. I.