We hereby inform you that the bearer of this letter, on his recent

return from across the sea [from Palestine], came to Rome to visit us.

He repeated what we had heard from many others, that a pagan race had

overcome the Christians and with horrible cruelty had devastated

everything almost to the walls of Constantinople, and were now governing

the conquered lands with tyrannical violence, and that they had slain

many thousands of Christians as if they were but sheep. If we love God

and wish to be recognized as Christians, we should be filled with grief

at the misfortune of this great empire [the Greek] and the murder of so

many Christians. But simply to grieve is not our whole duty. The example

of our Redeemer and the bond of fraternal love demand that we should lay

down our lives to liberate them. "Because he laid down his life for us:

and we ought to lay down our lives for the brethren" [1 John 3:16].

Know, therefore, that we are trusting in the mercy of God and in the

power of his might and that we are striving in all possible ways and

making preparations to render aid to the Christian empire [the Greek] as

quickly as possible. Therefore we beseech you by the faith in which you

are united through Christ in the adoption of the sons of God, and by the

authority of St. Peter, prince of apostles, we admonish you that you be

moved to proper compassion by the wounds and blood of your brethren and

the danger of the aforesaid empire and that, for the sake of Christ, you

undertake the difficult task of bearing aid to your brethren [the

Greeks]. Send messengers to us at once to inform us of what God may

inspire you to do in this matter.

279. The Speech of Urban II at the Council of Clermont, 1095. Fulcher of

Chartres.

Bongars, Gesta Dei per Francos, I, pp. 382 f.

In 1094 or 1095, Alexius, the Greek emperor, sent to the pope, Urban II,

and asked for aid from the west against the Turks, who had taken nearly

all of Asia Minor from him. At the council of Clermont Urban addressed a

great crowd and urged all to go to the aid of the Greeks and to recover

Palestine from the rule of the Mohammedans. The acts of the council have

not been preserved, but we have four accounts of the speech of Urban

which were written by men who were present and heard him. We give the

two most important of these accounts. The interest of the speech lies in

the fact that it gave the impulse which started the crusading movement.

"Most beloved brethren: Urged by necessity, I, Urban, by the permission

of God chief bishop and prelate over the whole world, have come into

these parts as an ambassador with a divine admonition to you, the

servants of God. I hoped to find you as faithful and as zealous in the

service of God as I had supposed you to be. But if there is in you any

deformity or crookedness contrary to God's law, with divine help I will

do my best to remove it. For God has put you as stewards over his family

to minister to it. Happy indeed will you be if he finds you faithful in

your stewardship. You are called shepherds; see that you do not act as

hirelings. But be true shepherds, with your crooks always in your hands.

Do not go to sleep, but guard on all sides the flock committed to you.

For if through your carelessness or negligence a wolf carries away one

of your sheep, you will surely lose the reward laid up for you with God.

And after you have been bitterly scourged with remorse for your faults,

you will be fiercely overwhelmed in hell, the abode of death. For

according to the gospel you are the salt of the earth [Matt. 5:13]. But

if you fall short in your duty, how, it may be asked, can it be salted?

O how great the need of salting! It is indeed necessary for you to

correct with the salt of wisdom this foolish people which is so devoted

to the pleasures of this world, lest the Lord, when He may wish to speak

to them, find them putrefied by their sins, unsalted and stinking. For

if He shall find worms, that is, sins, in them, because you have been

negligent in your duty, He will command them as worthless to be thrown

into the abyss of unclean things. And because you cannot restore to Him

His great loss, He will surely condemn you and drive you from His loving

presence. But the man who applies this salt should be prudent,

provident, modest, learned, peaceable, watchful, pious, just, equitable,

and pure. For how can the ignorant teach others? How can the licentious

make others modest? And how can the impure make others pure? If anyone

hates peace, how can he make others peaceable? Or if anyone has soiled

his hands with baseness, how can he cleanse the impurities of another?

We read also that if the blind lead the blind, both will fall into the

ditch [Matt. 15:14]. But first correct yourselves, in order that, free

from blame, you may be able to correct those who are subject to you. If

you wish to be the friends of God, gladly do the things which you know

will please Him. You must especially let all matters that pertain to the

church be controlled by the law of the church. And be careful that

simony does not take root among you, lest both those who buy and those

who sell [church offices] be beaten with the scourges of the Lord

through narrow streets and driven into the place of destruction and

confusion. Keep the church and the clergy in all its grades entirely

free from the secular power. See that the tithes that belong to God are

faithfully paid from all the produce of the land; let them not be sold

or withheld. If anyone seizes a bishop let him be treated as an outlaw.

If anyone seizes or robs monks, or clergymen, or nuns, or their

servants, or pilgrims, or merchants, let him be anathema [that is,

cursed]. Let robbers and incendiaries and all their accomplices be

expelled from the church and anathematized. If a man who does not give a

part of his goods as alms is punished with the damnation of hell, how

should he be punished who robs another of his goods? For thus it

happened to the rich man in the gospel [Luke 16:19]; for he was not

punished because he had stolen the goods of another, but because he had

not used well the things which were his.

"You have seen for a long time the great disorder in the world caused by

these crimes. It is so bad in some of your provinces, I am told, and you

are so weak in the administration of justice, that one can hardly go

along the road by day or night without being attacked by robbers; and

whether at home or abroad, one is in danger of being despoiled either by

force or fraud. Therefore it is necessary to reenact the truce, as it is

commonly called, which was proclaimed a long time ago by our holy

fathers. I exhort and demand that you, each, try hard to have the truce

kept in your diocese. And if anyone shall be led by his cupidity or

arrogance to break this truce, by the authority of God and with the

sanction of this council he shall be anathematized."

After these and various other matters had been attended to, all who were

present, clergy and people, gave thanks to God and agreed to the pope's

proposition. They all faithfully promised to keep the decrees. Then the

pope said that in another part of the world Christianity was suffering

from a state of affairs that was worse than the one just mentioned. He

continued:

"Although, O sons of God, you have promised more firmly than ever to

keep the peace among yourselves and to preserve the rights of the

church, there remains still an important work for you to do. Freshly

quickened by the divine correction, you must apply the strength of your

righteousness to another matter which concerns you as well as God. For

your brethren who live in the east are in urgent need of your help, and

you must hasten to give them the aid which has often been promised them.

For, as the most of you have heard, the Turks and Arabs have attacked

them and have conquered the territory of Romania [the Greek empire] as

far west as the shore of the Mediterranean and the Hellespont, which is

called the Arm of St. George. They have occupied more and more of the

lands of those Christians, and have overcome them in seven battles. They

have killed and captured many, and have destroyed the churches and

devastated the empire. If you permit them to continue thus for awhile

with impunity, the faithful of God will be much more widely attacked by

them. On this account I, or rather the Lord, beseech you as Christ's

heralds to publish this everywhere and to persuade all people of

whatever rank, foot-soldiers and knights, poor and rich, to carry aid

promptly to those Christians and to destroy that vile race from the

lands of our friends. I say this to those who are present, it is meant

also for those who are absent. Moreover, Christ commands it.

"All who die by the way, whether by land or by sea, or in battle against

the pagans, shall have immediate remission of sins. This I grant them

through the power of God with which I am invested. O what a disgrace if

such a despised and base race, which worships demons, should conquer a

people which has the faith of omnipotent God and is made glorious with

the name of Christ! With what reproaches will the Lord overwhelm us if

you do not aid those who, with us, profess the Christian religion! Let

those who have been accustomed unjustly to wage private warfare against

the faithful now go against the infidels and end with victory this war

which should have been begun long ago. Let those who, for a long time,

have been robbers, now become knights. Let those who have been fighting

against their brothers and relatives now fight in a proper way against

the barbarians. Let those who have been serving as mercenaries for small

pay now obtain the eternal reward. Let those who have been wearing

themselves out in both body and soul now work for a double honor.

Behold! on this side will be the sorrowful and poor, on that, the rich;

on this side, the enemies of the Lord, on that, his friends. Let those

who go not put off the journey, but rent their lands and collect money

for their expenses; and as soon as winter is over and spring comes, let

them eagerly set out on the way with God as their guide."

280. The Council of Clermont, 1095. Robert the Monk.

Bongars, I, pp. 31 f.

In 1095 a great council was held in Auvergne, in the city of Clermont.

Pope Urban II, accompanied by cardinals and bishops, presided over it.

It was made famous by the presence of many bishops and princes from

France and Germany. After the council had attended to ecclesiastical

matters, the pope went out into a public square, because no house was

able to hold the people, and addressed them in a very persuasive speech,

as follows: "O race of the Franks, O people who live beyond the

mountains [that is, reckoned from Rome], O people loved and chosen of

God, as is clear from your many deeds, distinguished over all other

nations by the situation of your land, your catholic faith, and your

regard for the holy church, we have a special message and exhortation

for you. For we wish you to know what a grave matter has brought us to

your country. The sad news has come from Jerusalem and Constantinople

that the people of Persia, an accursed and foreign race, enemies of God,

'a generation that set not their heart aright, and whose spirit was not

steadfast with God' [Ps. 78:8], have invaded the lands of those

Christians and devastated them with the sword, rapine, and fire. Some of

the Christians they have carried away as slaves, others they have put to

death. The churches they have either destroyed or turned into mosques.

They desecrate and overthrow the altars. They circumcise the Christians

and pour the blood from the circumcision on the altars or in the

baptismal fonts. Some they kill in a horrible way by cutting open the

abdomen, taking out a part of the entrails and tying them to a stake;

they then beat them and compel them to walk until all their entrails are

drawn out and they fall to the ground. Some they use as targets for

their arrows. They compel some to stretch out their necks and then they

try to see whether they can cut off their heads with one stroke of the

sword. It is better to say nothing of their horrible treatment of the

women. They have taken from the Greek empire a tract of land so large

that it takes more than two months to walk through it. Whose duty is it

to avenge this and recover that land, if not yours? For to you more than

to other nations the Lord has given the military spirit, courage, agile

bodies, and the bravery to strike down those who resist you. Let your

minds be stirred to bravery by the deeds of your forefathers, and by the

efficiency and greatness of Karl the Great, and of Ludwig his son, and

of the other kings who have destroyed Turkish kingdoms, and established

Christianity in their lands. You should be moved especially by the holy

grave of our Lord and Saviour which is now held by unclean peoples, and

by the holy places which are treated with dishonor and irreverently

befouled with their uncleanness.

"O bravest of knights, descendants of unconquered ancestors, do not be

weaker than they, but remember their courage. If you are kept back by

your love for your children, relatives, and wives, remember what the

Lord says in the Gospel: 'He that loveth father or mother more than me

is not worthy of me' [Matt. 10:37]; 'and everyone that hath forsaken

houses, or brothers, or sisters, or father, or mother, or wife, or

children, or lands for my name's sake, shall receive a hundredfold and

shall inherit everlasting life' [Matt. 19:29]. Let no possessions keep

you back, no solicitude for your property. Your land is shut in on all

sides by the sea and mountains, and is too thickly populated. There is

not much wealth here, and the soil scarcely yields enough to support

you. On this account you kill and devour each other, and carry on war

and mutually destroy each other. Let your hatred and quarrels cease,

your civil wars come to an end, and all your dissensions stop. Set out

on the road to the holy sepulchre, take the land from that wicked

people, and make it your own. That land which, as the Scripture says, is

flowing with milk and honey, God gave to the children of Israel.

Jerusalem is the best of all lands, more fruitful than all others, as it

were a second Paradise of delights. This land our Saviour made

illustrious by his birth, beautiful with his life, and sacred with his

suffering; he redeemed it with his death and glorified it with his tomb.

This royal city is now held captive by her enemies, and made pagan by

those who know not God. She asks and longs to be liberated and does not

cease to beg you to come to her aid. She asks aid especially from you

because, as I have said, God has given more of the military spirit to

you than to other nations. Set out on this journey and you will obtain

the remission of your sins and be sure of the incorruptible glory of the

kingdom of heaven."

When Pope Urban had said this and much more of the same sort, all who

were present were moved to cry out with one accord, "It is the will of

God, it is the will of God." When the pope heard this he raised his eyes

to heaven and gave thanks to God, and, commanding silence with a gesture

of his hand, he said: "My dear brethren, today there is fulfilled in you

that which the Lord says in the Gospel, 'Where two or three are gathered

together in my name, there am I in the midst' [Matt. 18:20]. For unless

the Lord God had been in your minds you would not all have said the same

thing. For although you spoke with many voices, nevertheless it was one

and the same thing that made you speak. So I say unto you, God, who put

those words into your hearts, has caused you to utter them. Therefore

let these words be your battle cry, because God caused you to speak

them. Whenever you meet the enemy in battle, you shall all cry out, 'It

is the will of God, it is the will of God.' And we do not command the

old or weak to go, or those who cannot bear arms. No women shall go

without their husbands, or brothers, or proper companions, for such

would be a hindrance rather than a help, a burden rather than an

advantage. Let the rich aid the poor and equip them for fighting and

take them with them. Clergymen shall not go without the consent of their

bishop, for otherwise the journey would be of no value to them. Nor will

this pilgrimage be of any benefit to a layman if he goes without the

blessing of his priest. Whoever therefore shall determine to make this

journey and shall make a vow to God and shall offer himself as a living

sacrifice, holy, acceptable to God [Rom. 12:1], shall wear a cross on

his brow or on his breast. And when he returns after having fulfilled

his vow he shall wear the cross on his back. In this way he will obey

the command of the Lord, 'Whosoever doth not bear his cross and come

after me is not worthy of me'" [Luke 14:27]. When these things had been

done, while all prostrated themselves on the earth and beat their

breasts, one of the cardinals, named Gregory, made confession for them,

and they were given absolution for all their sins. After the absolution,

they received the benediction and the permission to go home.

281. The Truce of God and Indulgence for Crusaders. The Council of

Clermont, 1095.

Mansi, XX, 816.

The canons of this council in their original form have not been

preserved. We have translated the first two canons as Mansi has

formulated them. See also nos. 240 ff. for truce of God.

1. It was decreed that monks, clergymen, women, and whatever they may

have with them, shall be under the protection of the peace all the time

[that is, shall never be attacked]. On three days of the week, that is,

Monday, Tuesday, and Wednesday, an act of violence committed by one

person against another shall not be regarded as a violation of the peace

[truce]. But on the remaining four days of the week if anyone does an

injury to another, he shall be held to be a violator of the holy peace

[truce], and he shall be punished as has been decreed.

2. If anyone out of devotion alone and not for honor or gain sets out

for Jerusalem to free the church of God, the journey shall be regarded

as the equivalent of all penance.

282. Rabble Bands of Crusaders. Ekkehard of Aura, Hierosolimita.

Edited by Hagenmeyer, pp. 122 ff.

The lack of unity and organization in the first crusade gave many

persons an opportunity to plunder and rob and commit all kinds of

violence under the cloak of religion. Because they had taken the cross

they pretended that they were privileged and might do as they pleased.

They attempted to live at the expense of others. This and the following

selection will give an idea of the violence and excesses committed by

them. Their villainous conduct led many devout persons to criticise the

crusading movement very sharply. The events described by Ekkehard

occurred in 1096. He wrote the account between 1103 and 1106.

Folkmar [a priest] led his following [about 12,000] through Bohemia.

When they came to Neitra, a town of Hungary, the people rose against

them, took some of them prisoners and killed others. Only a very few of

them escaped and they still tell how the sign of the cross appeared in

the sky over them and saved them from imminent death.

Gotschalk, not a true but a false servant of God, suffered some losses

while passing with his army through Austria. After entering Hungary, as

a remarkable proof of their hypocrisy, they fortified a certain town on

a hill and, after establishing a garrison there, the rest of them began

to plunder the country round about. But the town was soon taken by the

natives and many of the crusaders were killed. Gotschalk, the hireling

and not a pastor, and those who were with him were driven off.

There arose also in those days a certain knight, named Emicho, a count

from the Rhine region, who for a long time had been infamous because of

his manner of living. Like a second Saul [1 Sam. 10:9-13], he said that

he had been called by divine revelation to engage in this sort of

religious undertaking. He gathered about 12,000 crusaders, and while

passing through the cities along the Rhine, Main, and Danube, led by

their zeal for Christianity, they persecuted the hated race of the Jews

wherever they found them, and strove either to destroy them completely

or to compel them to become Christians. They were joined on the way by

many men and women. When they came to the frontier of Hungary, which is

protected by swamps and forests, they were prevented from entering it by

guards who were stationed there for that purpose; for king Coloman had

heard that the Germans made no distinction between pagans and

Hungarians. The crusaders besieged Wieselburg [at the junction of the

Danube and the Leitha] for six weeks, during which time they suffered a

good many hardships. A foolish quarrel arose among them over the

question who of them should rule as king over Hungary after they had

taken it. They were about to take the city, the walls were broken down

and the inhabitants were fleeing and setting fire to their own houses,

when, in a miraculous manner, the victorious army of crusaders began to

flee, leaving all their provisions and supplies. They escaped with

nothing but their lives.

283. Peter the Hermit. Anonymi Gesta Francorum, 1097-99.

Edited by Hagenmeyer, pp. 106 ff.

The anonymous author of the Gesta Francorum was a knight from southern

Italy who went with Boemund on the crusade. He wrote his account of the

crusade at various times while on the march to Jerusalem. After the

capture of the city and the battle with the Mohammedans before Ascalon,

he added a chapter in which he described those events. From the passage

here given it will be seen that Peter the Hermit played a very

inglorious part in the first crusade. His army did not differ either in

its character or in its fate from those of Folkmar, Gotschalk, and

Emicho.

One of the divisions of the Franks passed through Hungary. The leaders

of these were Peter the Hermit, Godfrey, his brother Baldwin, and

Baldwin, count of Mt. Henno. These most powerful knights and many

others, whose names I do not know, went by the road which Karl the

Great, the famous king of France, had caused to be made to

Constantinople. But Peter, with a large number of Germans, preceded all

the others to Constantinople, which he reached August 1 [1096]. There he

found some Lombards, [other] Italians, and many others assembled. The

emperor had given them a market and had told them not to cross the

strait until the great body of crusaders should come, because they were

not numerous enough to meet the Turks in battle. But these crusaders

were conducting themselves badly. They were destroying and burning

palaces [in the suburbs of Constantinople], and they stole the lead with

which the churches were covered, and sold it to the Greeks. At this the

emperor became angry and ordered them to cross the strait. But after

they crossed they continued to do all the damage possible, burning and

plundering houses and churches. At length they came to Nicomedia where,

because of the haughtiness of the French, the Lombards, Italians, and

Germans separated from them and chose a leader named Raynald. They then

marched four days into the interior. Beyond Nicæa they found a castle,

named Xerigordon, which had no garrison. They took it and found in it a

good deal of grain, wine, and meat, and an abundance of all kinds of

provisions. The Turks, hearing that the Christians were in this castle,

came to besiege it. Before the gate of the castle was a well and at the

foot of the castle a spring of water. Near this spring Raynald laid an

ambush to catch the Turks. But they came on St. Michael's day [September

29], and discovered the ambuscade and fell upon Raynald and those who

were with him, and killed many of them. Those who escaped fled into the

castle. The Turks laid close siege to the castle and cut off its supply

of water. And the crusaders suffered so from thirst that they bled the

horses and donkeys and drank their blood. And some let down girdles and

pieces of rags into the cistern and squeezed the water out of them into

their mouths. Some even drank urine, and others, to relieve their

thirst, dug holes in the ground and, lying on their backs, covered their

breasts with the moist earth. The bishops and priests comforted them and

urged them not to give up, saying, "Be strong in the faith of Christ,

and fear not those who persecute you, as the Lord said, 'Fear not them

which kill the body, but are not able to kill the soul'" [Matt. 10:28].

This continued for eight days. Finally the leader of the Germans agreed

with the Turks to betray his companions to them. So, pretending to go

out to fight, he fled to the Turks and many went with him. But those who

would not deny their Lord were killed. The Turks took some prisoners and

divided them like sheep among themselves. Some of these they put up as

targets and shot arrows at them. Others they sold or gave away as if

they were animals. Some took their prisoners home with them as slaves.

In this way some of the Christians were taken to Chorasan, some to

Antioch, some to Aleppo, and still others to other places. These were

the first to suffer a glorious martyrdom for the name of the Lord Jesus.

Now the Turks, learning that Peter the Hermit and Walter the Penniless

were at Civitot, which is above Nicæa, came thither with great rejoicing

to kill them and those who were with them. Walter was leading his men

out toward Xerigordon when the Turks met them and killed them. But Peter

the Hermit had a short time before gone back to Constantinople because

he could not control his people, who refused to obey him. The Turks then

attacked those who were encamped near Civitot, some of whom they found

asleep, others lying down, and others naked, and killed them. Among them

they found a priest saying mass and killed him at the altar. Those who

were able to escape fled into Civitot. Some sprang into the sea, and

others hid in the woods and mountains. The Turks followed those who went

into the castle, and gathered wood to burn them with the castle. But the

Christians in the castle threw fire into the piles of wood, and the

fire, turned against the Turks, burned some of them. But God delivered

ours from the fire. But at length the Turks took them alive, divided

them among themselves, as they had done before, and scattered them

through all those regions. Some were sent to Chorasan and others into

Persia. All this was done in the month of October [1096].

284. Eugene III Announces a Crusade, December 1, 1145.

Migne, 180, cols. 1064 f.

Edessa was taken by Zenki, the emir of Mosul, in December, 1144. The

news of this disaster was carried to the west and at the same time an

appeal for help was made. For some time no response was made to this

appeal, but finally Eugene III issued this call, and appointed Bernard

of Clairvaux to preach the crusade. The student will observe that the

pope exercises high authority in secular matters, such as the payment of

interest, the pawning of fiefs, etc. Since the days of Gregory VII

(1073-85), the pope acts as the supreme law-giver in all matters, both

spiritual and secular.

Eugene, bishop, servant of the servants of God, to his most beloved son,

Louis, the illustrious and glorious king of the Franks, and to his

beloved sons, the princes, and to all the faithful in God in Gaul,

greeting and apostolic benediction.

From the history of our predecessors we learn how much they labored for

the deliverance of the oriental church. For, in order to deliver it, our

predecessor, Urban II, of blessed memory, sounded, as it were, a

trumpet, and called together the sons of the holy Roman church from all

parts of the world. At his voice, people from beyond the mountains, and

especially the bravest and strongest warriors of the Franks and of Italy

were inflamed with the ardor of love and came together. So a great army

was collected which, with the aid of God, and not without great loss of

life, freed from the filth of the pagans that city in which our Saviour

died for us and left his glorious tomb as a memorial of his suffering

for us. And they took many other cities which, for the sake of brevity,

we omit. By the grace of God and the zeal of your fathers in defending

them, these cities have, up to this time, remained in the hands of the

Christians, and Christianity has been spread in those parts, and other

cities have been valiantly taken from the infidels. But now, because of

our sins and the sins of the people in the east (we cannot say it

without great sorrow and weeping), the city of Edessa, or Rohais, as we

call it, which was the only Christian city in those parts when the

pagans held that country, has been taken by the enemies of the cross of

Christ, and many Christian fortresses have been seized by them. The

archbishop of Edessa and his clergy and many other Christians have been

killed there. The relics of the saints have been trampled under foot by

the infidels and scattered. You know as well as we how great a danger is

threatening the church and the whole Christian world. If you bravely

defend those things which the courage of your fathers acquired, it will

be the greatest proof of your nobility and worth. But if not, it will be

shown that you have less bravery than your fathers. Therefore we exhort,

ask, command, and for the remission of your sins, we order all of you,

and especially the nobles and the more powerful, to arm yourselves

manfully to defend the oriental church, and to attack the infidels and

to liberate the thousands of your brethren who are now their captives,

that the dignity of the Christian name may be increased, and your

reputation for courage, which is praised throughout the world, may

remain unimpaired. Take for your example that Mattathias, who, to

preserve the laws of his country, did not hesitate to expose himself,

his children, and his relatives to death, and to leave all that he

possessed in this world. And finally, by the divine aid, after many

labors, he and his family triumphed over his enemies [1 Maccabees 2:1

ff.].

Wishing, therefore, to provide for your welfare as well as to relieve

the church in the east, we grant to those who, in a spirit of devotion,

shall determine to accomplish this holy and necessary work, by the

authority of God conferred on us, the same remission of sins as our

predecessor, Pope Urban, granted. And we decree that their wives and

children, their goods and possessions, shall be under the protection of

the holy church, of ourselves, and of the archbishops, bishops, and

other prelates of the church of God. And until they return, or their

death is known, we forbid by our apostolic authority any lawsuit to be

brought against them about any of the property of which they were in

peaceful possession when they took the cross. Moreover, since those who

fight for the Lord should not have their minds set on fine clothing, or

personal decoration, or [hunting] dogs, or falcons, or other things

which savor of worldliness, we urge you to take care that those who

undertake so holy a journey shall not deck themselves out with gay

clothing and furs, or with gold and silver weapons, but that they shall

try to supply themselves with such arms, horses, and other things as

will aid them to defeat the infidels.

If any are in debt but with a pure intention set out on this holy

journey, they shall not pay the interest already due; and if they or

others are pledged to pay the interest, by our apostolic authority we

absolve them from their oath or pledge. If their relatives or the lords

on whose fiefs they live cannot or will not lend them the money

[necessary for the journey], they may pawn their lands and other

possessions to churches, to clergymen, or to others, without the consent

of the lords of their fiefs. In accordance with the grant of our

predecessor and by the authority of omnipotent God, and of St. Peter,

prince of the apostles, which authority is vested in us, we grant such

remission of sins and absolution that whoever shall devoutly undertake

and complete so holy a journey, or shall have died while on the way,

shall have absolution for all his sins which he shall have confessed

with a humble and contrite heart, and he shall receive the reward of

eternal life from God the rewarder of all.

285. The Third Crusade, 1189-90. From the Chronicle of Otto of St.

Blasien.

M. G. SS. folio, XX, pp. 318 ff

The Greek emperor, Isaac Angelus, and Saladin had made an alliance

against the sultan of Iconium, who was their common enemy. Isaac's

hostility to Frederick is explained in part by the fact that he had

promised Saladin to try to prevent the crusaders from reaching

Palestine. It was only natural that the sultan of Iconium should try to

make an alliance with Frederick, since the latter was going to attack

Saladin. But before Frederick reached Iconium, the sultan had divided

his government among his sons, one of whom, Kutbeddin, was governor of

Iconium. Kutbeddin had made an alliance with Saladin and married one of

his daughters. This explains why the treaty with Frederick was broken.

In order not to confuse the student we have corrected a few errors in

Otto's account.

In the year 1187, Saladin, king of the Saracens, seeing the very base

conduct of the Christians, and knowing that they were afflicted with

discord, hatred, and avarice, thought the time was favorable and so

planned to conquer all Syria with Palestine. He collected a very large

army of Saracens from all the orient and made war on the Christians.

Attacking them everywhere in Palestine with fire and sword, he took many

fortresses and cities and killed or took prisoner all their Christian

inhabitants, and put Saracen colonists in their place. The king of

Jerusalem and the noble prince, Reinaldus [of Chatillon, governor of

Kerak], and other nobles collected a large army and went out to meet

Saladin. The true cross was carried at the head of the army. But they

were defeated [at the battle of the Horns of Hattin, July 5, 1187] and

many thousands of Christians were slain. The true cross, alas! was

captured by the Saracens, and the Christians were put to flight. The

king and Reinaldus and many others were taken prisoner, and carried off

to Damascus, where ... Reinaldus was beheaded, confessing the true

faith. The pagans were made bold by this victory and took all the cities

of the Christians except Tyre, Sidon, Tripolis, and Antioch, and a few

other cities and fortresses which were the best fortified and most

difficult to take. After taking Acco, where there is a port which had

been the sole refuge of the Christians, they besieged Jerusalem. They

destroyed all the churches about the city, among them those in Bethlehem

and on the Mount of Olives. Finally the Christians surrendered,

Jerusalem was taken, and the holy places were profaned and inhabited by

pagans [Oct. 2, 1187].

I think that I should relate that while Jerusalem was besieged by the

pagans, one of the towers of the city was taken, many of the Christians

defending it were slain, and the standard of Saladin was raised over it.

This caused the people to despair and they gave up the defence of the

walls. And on that day the city came very nearly being taken and

destroyed. But a certain German knight, seeing this, and made bold by

the desperate situation, urged some of his companions to join him in

making a bold attack on the enemy. They retook the tower, killed the

pagans in it, tore down the standard of Saladin and threw it to the

ground. By this act, he restored courage to the Christians and persuaded

them to return to the defence of the walls. After the city had

surrendered, as has been said, the sepulchre of the Lord was held in

veneration for the sake of gain....

Frederick the emperor, after ending the wars all over Germany and

establishing peace, held a general diet in Mainz at mid-lent [March 27,

1188], and discussed the affairs of state. Papal delegates came to this

diet and told the emperor about the destruction of the church beyond the

sea [in Palestine], and, making complaint in the name of the pope and of

the whole church, begged for his aid. A meeting having been held to

consider the matter, Frederick offered to go to the aid of Jerusalem,

and, for the remission of their sins, he and his son, Frederick, duke of

Suabia, took the cross. Frederick publicly declared that he would avenge

the insult which had been offered the cross, and by his example he

aroused many nobles and a great multitude of various ranks and ages to

take the cross. After these things were done, the cardinals preached the

crusade in various parts of the country and persuaded many to leave

father and mother, wife and children, and lands, for the name of Christ

and to take the cross and follow him across the sea. They raised a large

army. The emperor set the time of departure in May of the following

year. He ordered the poor to provide themselves with at least three

marks [about thirty dollars] for their expenses, and the rich to take as

much money as they could. Under threat of excommunication he forbade

anyone to go who did not have three marks, because he did not wish the

army to be burdened with a useless crowd. After these things were done

in Germany the pope sent cardinals to Philip [II], king of the Franks,

and to Richard, king of the English, and persuaded them to take the

cross. In England and in France he also raised a large army for the

crusade.

At this time messengers of the sultan of Iconium came to Frederick and,

with the intention to deceive, renewed the treaty with him. They

promised him a free passage through all Cilicia if he would go

peaceably. For Frederick was going to pass with his army through

Cilicia, the land of the sultan, and the pagans, fearing for their land,

preferred to have peace rather than war. But the outcome was not what

they had expected.

At Pentecost, 1189, Frederick held a general diet at [Regensburg] ...

and had his army gather there. He gave the royal insignia to his son,

king Henry. He appointed a certain income to each of his other sons,

conferred titles on them, and after making all necessary arrangements,

said farewell to all. His son, Frederick, duke of Suabia, the marquis of

Meissen, with the Saxons, and many other princes and bishops, went with

him. And so with a very large army, well equipped and organized, he set

out for the orient to attack Saladin and all the enemies of the cross.

While passing through Hungary its king honored him with many gifts and

gave the army large supplies of flour, wine, and meat. When he entered

Bulgaria the inhabitants tried to block the road. But he forced his way

through, killed many of those who opposed him, took some of them

prisoner, and hung them on the trees along the road. By this he showed

that he was visiting the grave of the Lord not with a pilgrim's wallet,

but with the sword and lance of a warrior. Thus he passed through

Bulgaria and entered Greece. But the Greeks were worse than the

Bulgarians. At the command of the Greek emperor they showed the army no

kindness and even refused to sell them anything to eat. They shut

themselves up in their fortresses, into which they had taken all their

possessions. It made Frederick angry to receive such treatment from

Christians, and so he permitted his army to plunder the country. He

determined to treat the Greeks as pagans because, by their acts, they

showed that they were aiding his enemy, Saladin. His whole army besieged

Philipopolis, a very rich city, and took and plundered it. He likewise

captured a very strong fortress called Demotica. By this he so

frightened the Greeks that he got possession of several fortresses and

cities. After devastating the country and taking much booty, he

compelled the rest of the Greeks to furnish the army with provisions.

These things were done about the end of August [1189]. After consulting

the princes, the emperor determined to pass the winter in Greece. So he

took possession of the country round about, fortified a strong mountain

as a camp for his soldiers and called it Kingsmountain. Having thus

taken up a strong position against Constantinople, he had supplies for

the army brought from the neighboring territory, and thus overcame Greek

treachery with Roman strength and German bravery. He remained there all

winter to the next Easter [March 25, 1190]. The Greeks were unable to

resist his army and always fled before it.

Now the Greek emperor, not being able to withstand the power of

Frederick, made amends for what he had done, and entered into a treaty

with him. He appeased the army by supplying them with provisions. Thus,

having been reconciled with Frederick, he set him and his army across

the Propontis [March 22-28, 1190, from Gallipolis]. Frederick now

entered Asia with his army. He marched for some time, meeting everywhere

with success, and all the people in Romania [western Asia Minor]

submitted to him. As the emperor approached Iconium, the sultan broke

his treaty, caused all the provisions to be carried into the fortresses,

and, like a barbarian and Scythian, refused to sell the army provisions.

The army suffered from hunger and were compelled to eat the flesh of

mules, donkeys, and horses. Besides, the pagans attacked the rear and

those who went out foraging, and killed some of them. In this way they

hindered the army. Our troops wished to meet the Saracens in open battle

and often drew themselves up in battle array, but the Saracens always

withdrew and refused to join in a general engagement. Now although the

army was annoyed in this way and was suffering from hunger and want, the

emperor, out of regard for the treaty with the sultan, kept his army

from devastating and plundering the country, because he thought the

people were attacking him without the permission of the sultan. But when

he learned from couriers that the sultan had perfidiously ordered the

people to attack him, he was angry, and, declaring the sultan an enemy,

he permitted the army to take vengeance. They devastated Cilicia,

Pamphilia, and Phrygia with slaughter, rapine, fire, and sword, while

the pagan army constantly withdrew before them. The army now turned

toward Iconium, which is the capital of Cilicia, and the chief residence

of the sultan, and quickly took it [May 18, 1190]. It was a very

populous city, well fortified with strong walls and high towers, and had

in its midst an impregnable citadel. It was well supplied with victuals

against a siege, while all the surrounding country was stripped of

provisions, in order that when the emperor came he would not long be

able to support an army there. But God overruled their efforts so that

the outcome was just the opposite of what they sought. For the emperor

suddenly attacked the city with great violence before the third hour of

the day [9 o'clock], killed a great many of the inhabitants and took the

city by storm before the ninth hour [3 o'clock P.M.]. Many people, of

both sexes and of all ages, were put to the sword. The sultan with many

of his nobles fled into the citadel, which the emperor began to besiege

the same day. Now the sultan saw that nothing could resist the force of

the Germans and that, supported by some divine power, they despised

death and without hesitation attacked everything that resisted them. So,

taught by dangerous experience, and thinking it necessary to demand

peace from the emperor, he asked to speak with him. The emperor granted

his request. The sultan then marched out of the citadel and surrendered

at the discretion of the emperor, and gave hostages. After peace was

made the city of Iconium and his kingdom were restored to him.

The army was thus made rich with spoil and the emperor left Iconium in

triumph. The Armenian princes from all sides began to come to him, among

them Leo, the noblest Christian prince of all that country. They all

welcomed Frederick with joy and thanked him heartily for coming and

attacking the Saracens. They were all well disposed toward him, so he

set out for Tarsus, famous as the birthplace of St. Paul. But God who is

terrible in his doing toward the children of men [Ps. 66:5], showing

that the time had not yet come for showing mercy on Zion [Ps. 102:13],

cut the anchor of the little boat of St. Peter and permitted it to be

tossed about and beaten by the storms of this world. For the great

emperor, Frederick, while on the road to Tarsus, after a part of the

army had crossed a certain river, went into the water to refresh

himself. For it was very hot and he was a good swimmer. But the cold

water overcame him and he sank. So the emperor, powerful by land and

sea, met with an unfortunate death. Some say that this happened in the

Cydnus river, in which Alexander the Great almost met the same fate. For

the Cydnus is near Tarsus. He died in the 38th year of his reign, the

35th of his rule as emperor [June 10, 1190]. If he had lived he would

have been a terror to all the orient, but by his death the army lost all

its courage, and was overwhelmed with grief. His intestines and flesh

were buried in Tarsus, but his bones were carried to Antioch and buried

with royal ceremony.

286. Innocent III Forbids the Venetians to Traffic with the Mohammedans,

1198.

Migne, 214, col. 493.

The maritime cities of Italy took quite a part in the crusades, but

their interests were largely commercial. In all the cities of the

eastern Mediterranean and the Black Sea they tried to get harbor

privileges, freedom from tolls or at least a reduction in them, and

quarters, consisting of a few city blocks, in which their agents or

colonists could reside. They carried on an extensive commerce with the

Mohammedans and cleverly and selfishly made use of the crusades to

increase it. While the church was glad to have their aid in the wars

with the Mohammedans, it found them a disturbing element, because they

were content and wished to end hostilities as soon as they had secured

good commercial advantages. The popes took the position that there

should be no peaceable intercourse between Christians and Mohammedans,

and so tried to prevent all commerce between them. This letter of

Innocent III to the people of Venice illustrates the attitude of the

pope in this matter, informs us what some of the chief articles of

commerce were, and shows how the pope was compelled to make concessions

to the commercial spirit.

In support of the eastern province [that is, the crusading states], in

addition to the forgiveness of sins which we promise those who, at their

own expense, set out thither, and besides the papal protection which we

give those who aid that land, we have renewed that decree of the Lateran

council [held under Alexander III, 1179], which excommunicated those

Christians who shall furnish the Saracens with weapons, iron, or timbers

for their galleys, and those who serve the Saracens as helmsmen or in

any other way on their galleys and other piratical craft, and which

furthermore ordered that their property be confiscated by the secular

princes and the consuls of the cities, and that, if any such persons

should be taken prisoner, they should be the slaves of those who

captured them. We furthermore excommunicated all those Christians who

shall hereafter have anything to do with the Saracens either directly or

indirectly, or shall attempt to give them aid in any way so long as the

war between them and us shall last. But recently our beloved sons,

Andreas Donatus and Benedict Grilion, your messengers, came and

explained to us that your city was suffering great loss by this our

decree, because Venice does not engage in agriculture, but in shipping

and commerce. Nevertheless, we are led by the paternal love which we

have for you to forbid you to aid the Saracens by selling them, giving

them, or exchanging with them, iron, flax (oakum), pitch, sharp

instruments, rope, weapons, galleys, ships, and timbers, whether hewn or

in the rough. But for the present and until we order to the contrary, we

permit those who are going to Egypt to carry other kinds of merchandise

whenever it shall be necessary. In return for this favor you should be

willing to go to the aid of the province of Jerusalem and you should not

attempt to evade our apostolic command. For there is no doubt that he

who, against his own conscience, shall fraudulently try to evade this

prohibition, shall be under divine condemnation.

287. Papal Protection of Crusaders. Innocent III Takes the King of the

Danes under his Protection, 1210.

Migne, 216, col. 258.

We commend you because, fired with zeal for the orthodox faith and for

the praise of God and for the honor of the Christian religion, you have

taken the cross and have drawn your royal sword to repress the cruelty

of an infidel people [the Turks]. And we also give you our apostolic

favor, and take under the protection of St. Peter as well as under our

own your person and your kingdom with all your possessions, decreeing

that so long as you are engaged in this work all your possessions shall

remain intact and free from all molestation. Nevertheless we urge upon

you to take all possible precautions to protect you and yours, in order

that you may not suffer any loss.{122}

{122} From this sentence it may be inferred that the papal protection

was not always respected. It sometimes failed to protect the possessions

of a crusader from violence and seizure.

288. Innocent III and the Lateran Council Announce a Crusade, 1215.

Bullarium Romanum (Rome, 1740), Vol. III, para. i, pp. 173 ff.

It was the greatest ambition of Innocent III to recover Palestine from

the Mohammedans. During his pontificate he never lost sight of this

object. One of the chief purposes of the Lateran council which he called

together in 1215, was to arrange for a universal crusade. This decree

shows his earnestness in the matter, but at the same time betrays the

difficulties which were in the way. (1) The character of the clergy was

not such as to insure the best results, and their conduct was not above

reproach. They were jealous of each other, and intrigued to secure

places to which much honor and rich livings were attached (par. 2). (2)

Many who took the cross afterwards refused to go. Some had no doubt made

the vow in a moment of enthusiasm; others, in a calculating spirit,

hoping to gain some reputation, or secure some advantage, such as an

extension of time in the payment of their debts, the cancellation of

interest, the freedom from local taxation, or feudal dues, the right to

raise money by pawning their fiefs, etc. (pars. 4, 10, and 11). (3)

There was a general unwillingness on the part of the rich to go in

person on a crusade. Nor were they all willing to equip someone to go in

their place (pars. 5 and 6). (4) The commercial interests and spirit of

the Italian cities were stronger than their religious sentiment, and led

them to sell arms and ships to the Mohammedans, and even to serve in

important positions on their boats (pars. 12, 13, and 14). (5) The

warlike spirit of the west had found a new outlet in the bloody

tournaments which were now much in fashion, and the feuds and private

warfare offered the ambitious and adventurous knight a convenient field

for the constant exercise of arms (pars. 15 and 16).

In spite of his great efforts, many things made the execution of

Innocent's plan impossible. The popular days of the crusades were over.

Innocent escaped a bitter disappointment only by his death, which

occurred the following year, 1216.

Since we earnestly desire to liberate the holy land from the hands of

the wicked, we have consulted wise men who fully understand the present

situation. And at the advice of the holy council we decree that all

crusaders who shall determine to go by sea shall assemble in the kingdom

of Sicily a year from the first of next June. They may gather at their

convenience either at Brindisi, Messina, or in any other place on either

side of the strait. If the Lord permits, we shall also be there in order

that the Christian army may, with our advice and aid, be well organized,

and set out with the divine benediction and papal blessing.

1. Those who determine to go by land shall be ready at the same date,

and they shall keep us informed of their plans in order that we may send

them a suitable legate to counsel and aid them.

2. All clergymen of whatever rank, who go on the crusade, shall

diligently devote themselves to prayer and exhortation, by word and

example teaching the crusaders always to have the fear and the love of

God before their eyes and not to say or do anything to offend the divine

majesty. Even if they sometimes fall into sin, they shall rise again by

true penitence. They shall show humility of heart and of body, and

observe moderation in their way of living and in their dress. They shall

altogether avoid dissensions and rivalries, and shun hatred and envy.

Thus, equipped with spiritual and material arms, they shall fight more

securely against the enemies of the faith, not resting on their own

power but hoping in the divine strength.

3. These clergymen shall receive all the income of their benefices for

three years, just as if they were residing in them, and, if it is

necessary, they may pawn their benefices for the same length of time.

4. In order that this holy undertaking may not be prevented or delayed,

we earnestly command all prelates, each in his own locality, to urge and

insist that all who have taken the cross fulfil their vows to the Lord.

And, if necessary, they may compel them to do so, in spite of all their

subterfuges, by putting their persons under excommunication and their

lands under the interdict. We except, however, those who may find some

real hindrance in the way, on account of which we may decide that their

vow may be commuted or put off.

5. In addition to these things, that nothing relating to Christ's

business may be neglected, we command patriarchs, archbishops, bishops,

abbots, and all others who have the care of souls, zealously to preach

the crusade to those who are under their charge, by the Father, Son, and

Holy Spirit, one only true eternal God, beseeching kings, dukes,

princes, marquises, counts, barons, and other magnates, as well as the

communes of cities, villages, and towns, that those who do not go in

person to aid the holy land may, in proportion to their wealth, furnish

a suitable number of fighting men and provide for their necessary

expenses for three years. This they shall do for the remission of their

sins according to the terms published in our general letter, and, for

the sake of greater clearness, repeated below. Not only those who give

their own ships, but also those who shall try to build ships for this

purpose, shall have a share in this remission of sins.

6. If any shall be found so ungrateful to the Lord as to refuse, we warn

them that they must answer for it to us before the terrible judge on the

last day. Let all such consider with what conscience and what security

they will be able to make their confession before the only begotten Son

of God, Jesus Christ, into whose hands the Father has given all things,

if, in this matter which so peculiarly concerns them, they refuse to

obey him who was crucified for sinners, by whose favor and goodness they

live and are sustained, nay, more, by whose blood they are redeemed.

7. Lest we should seem to put on other men's shoulders burdens so heavy

that we would not so much as put a finger to them, like those who say,

but do not, we give 30,000 pounds out of our savings for this work, and

besides the passage-money which we give all crusaders from Rome and the

surrounding country, we also give 3,000 silver marks which are left in

our hands from the gifts of certain Christians, the rest having been

spent for the benefit of the holy land by the patriarchs of Jerusalem

and the masters of the Templars and the Hospitallers.

8. Since we wish all other prelates and clergy to have a share in this

meritorious work and its reward, we, with the approval of the council,

decree that all the clergy of whatever rank shall, for three years, give

the twentieth of the income of their churches to the aid of the holy

land, and for the collection of it we shall appoint certain persons. We

except from this tax certain monks and also those who shall take the

cross and go in person on the crusade.

9. Moreover, we and our brethren, the cardinals of the holy Roman

church, will pay a tenth of our incomes; and let all know that they must

faithfully do this. For any cardinal who shall knowingly commit any

fraud in this matter shall incur the sentence of excommunication.

10. Now, because it is only just that those who devote themselves to the

service of the heavenly ruler should enjoy some special prerogative, and

since it is a little more than a year until the time set for going, we

decree that all who have taken the cross shall be free from all

collections, taxes, and other burdens. As soon as they take the cross we

receive them and their possessions under the protection of St. Peter and

of ourselves, so that archbishops, bishops, and other prelates are

entrusted with their defence, and besides, other protectors shall be

specially appointed to defend them. And until they return or their death

shall be certainly known, their possessions shall not be molested. And

if anyone shall act contrary to this he shall be restrained by

ecclesiastical censure.

11. If any of those who go on the crusade are bound by oath to pay

interest, their creditors, under threat of ecclesiastical censure, shall

be compelled to free them from their oath and from the payment of the

interest. If anyone compels them to pay the interest, he shall be forced

to pay it back to them. We order the secular authorities to compel the

Jews to remit the interest to all crusaders, and until they do remit it

they shall have no intercourse with Christians. If any are not able for

the present to pay their debts to Jews, the secular authorities shall

secure an extension of time for them, so that after they have set out on

the journey until their return or their death is certainly known, they

shall not be disturbed about the interest. The Jews shall be compelled,

after deducting the necessary expenses, to apply the income which they

receive in the meantime from the property which they hold in pawn,

toward the payment of the debt; since a favor of this kind, which defers

the payment but does not cancel the debt, does not seem to cause much

loss. Moreover, all prelates must know that they will be severely

punished if they are lax in securing justice for crusaders or their

families.

12. Since corsairs and pirates greatly impede the work by taking and

robbing those who are going to, or returning from, the holy land, we

excommunicate all who aid and protect them. Under the threat of anathema

we forbid anyone knowingly to have anything to do with them in buying or

selling, and we command all rulers of cities and other places to prevent

them from practising this iniquity. Otherwise, since not to interfere

with the wicked is the same as to aid them, and since he who does not

prevent a manifest crime is suspected of having a secret share in it, we

command all prelates to exercise ecclesiastical severity against their

persons and lands.

13. Besides, we excommunicate and anathematize those false and impious

Christians who, against Christ and the Christian people, furnish the

Saracens with arms, irons, and timbers for their galleys. If any who

sell galleys or ships to the Saracens, or accept positions on their

piratical craft, or give them aid, counsel, or support with regard to

their [war] machines to the disadvantages of the holy land, we decree

that they shall be punished with the loss of all their goods, and they

shall be the slaves of those who capture them. We command that this

decree be published anew every Sunday and Christian feast day in all the

maritime cities, and the bosom of the church shall not be opened to

offenders against it unless, for the support of the holy land, they give

all that they have gained from such a damnable business, and as much

more from their possessions, so that they shall be justly punished for

their crimes. But if they cannot pay, they shall be punished in some

other way, in order that by their punishment others may be prevented

from impudently attempting things of the same sort.

14. We forbid all Christians for the next four years to send their

ships, or permit them to be sent, to lands inhabited by Saracens, in

order that a larger supply of vessels may be on hand for those who wish

to go to the aid of the holy land, and also that the Saracens may be

deprived of that aid which they have been accustomed to get from this.

15. Although tournaments have been prohibited by many councils under the

general threat of punishment, we forbid them for three years under the

threat of excommunication, because the crusade is hindered by them.

16. Since, for the accomplishment of this work, it is necessary that

Christian princes and peoples live in peace, and in order that the

clergy may be able to make peace between all who are quarreling, or

persuade them to make an inviolable truce, with the approval of the holy

universal council we decree that a general peace shall be observed in

the whole world for at least four years. And those who shall refuse to

observe this peace shall be compelled to do so by excommunication of

their persons and interdict on their lands, unless they have been so

malicious in inflicting injuries on others that they themselves do not

deserve the protection of such a peace. If they disregard the censure of

the church, the ecclesiastical authorities shall invoke the secular

power against them as disturbers of the business of Christ.

17. Trusting, therefore, in the mercy of omnipotent God and the

authority of Saints Peter and Paul, and by the authority to bind and

loose, which God has given us, to all who shall personally and at their

own expense go on this crusade we grant full pardon of their sins, which

they shall repent and confess, and, besides, when the just shall receive

their reward we promise them eternal salvation. And to those who shall

not go in person, but nevertheless at their own expense and in

proportion to their wealth and rank shall send suitable men, and

likewise to those who go in person but at the expense of others, we

grant the full pardon of their sins. All who shall give a fitting part

of their wealth to the aid of the holy land shall, in proportion to

their gifts and according to the degree of their devotion, have a share

in this forgiveness. This universal council wishes to aid in the

salvation of all who piously set out on this work, and therefore grants

them in common the benefit of all its merits. Amen.

Given at the Lateran, 19 kal. Jan., year 18 of our pontificate.

X. SOCIAL CLASSES AND CITIES IN GERMANY

289. Otto III Forbids the Unfree Classes to Attempt to Free Themselves,

_ca._ 1000.

Altmann und Bernheim, no. 61.

In the tenth century a large part of the peasant population of Germany

was unfree. But from this decree of Otto III it is apparent that they

were trying to escape from this condition. From various causes they had

been able to avoid rendering their servile dues, and had, on that

account, asserted their freedom.

While the number of unfree was great, they were not all equally unfree.

The lowest grade were slaves in the real sense of the word; that is,

they were chattels. But this class was not numerous and was tending to

disappear. The highest grade was composed of those who were personally

free, and who could amass property; but they were unfree in that they

had no legal status. That is, they could not appear in court as a party

to a suit, nor could they testify as witnesses. In all legal matters

they had to have some one to represent them in the court. These are the

two extremes, between which there were a great many unfree classes or

groups, each differing from the other in the degree of personal or

property rights which they possessed. An idea of some of these classes

will be gained from the following documents.

There is need of careful legislation because the princes of the empire,

both lay and clerical, rich and poor, the higher as well as the lower,

make frequent complaints that they are not able to obtain from their

unfree subjects those services to which they have a right. For some

falsely declare that they are free because their lords, in many cases,

cannot prove the servitude which they [their unfree subjects] are trying

in a dishonest way to escape. Others are trying to rise to the honor of

freedom because their lords have, for a long time, been hindered from

knowing anything about their unfree subjects, and hence the latter have

not been kept in their accustomed state of servitude, nor are they

forced to pay a tax as a proof of their unfree state. So on this account

they declare that they are free and boast that they have lived in

freedom, because for a short time they have not fulfilled their servile

duties. Therefore we have issued this imperial law: (1) If a serf, led

by his desire for liberty, says that he is free, his lord may settle the

case by a duel with him, fighting either in person or by his champion

[representative], as he may wish. The lord is given this privilege

because of the great difficulty there is in proving such things in the

regular way. The unfree man may secure a champion for himself if,

because of age or disease, he is unable to fight.(2) In order that the

unfree may not hide his real condition by avoiding his duties for a

time, we decree by this our edict, which, with the help of God, shall be

valid forever, that hereafter each one shall show his servile condition

by paying a denar of the ordinary currency every year on the first of

December to his lord or to the agent whom he shall appoint for this

purpose. (3) The children of the free shall begin to pay this tax as a

proof of their servile condition in their twenty-fifth year and at the

appointed time. And no matter how long they may avoid paying this tax,

they shall not thereby become free. (4) If any unfree man belonging to

the church shall disobey this edict, he shall be fined one-half of all

his goods and he shall be reduced to his former unfree condition. For an

unfree man of the church may never become free. We strictly forbid the

unfree of the churches to be set free, and we order all those who have,

by any device, been freed to be reduced to servitude again.

290. Henry I Frees a Serf, 926.

Bresslau, Centum Diplomata, pp. 3 f.

There were many ways in which a serf could be set free, but after 850

the form used in this document was not uncommon. A freeman was to a

great extent dependent on his relatives as witnesses. He could not prove

his freedom without their testimony. When a serf was set free he was

without a family, because his relatives, being serfs, could not testify

in court. The charter which the king gave him was the only evidence of

freedom which he possessed. It took the place of the testimony of his

relatives.

When a serf was freed he became a "freedman." But generally he was not

entirely free, for there was still a personal bond between him and his

lord, to whom he must pay a poll-tax. The coin which was knocked out of

his hand symbolized this poll-tax. That is, his offer to pay the

poll-tax is rejected, the coin is knocked out of his hand as a symbol

that he is now entirely free, and is no longer bound to pay the

poll-tax.

In the name of the holy and undivided Trinity. Henry, by the divine

clemency king. Let all our faithful subjects, both present and future,

know that at the request of Arnulf, our faithful and beloved duke, and

also to increase our eternal reward, we have freed a certain priest,

named Baldmunt, who is our serf, born on the land of the monastery of

Campido. We freed him by striking a penny out of his hand in the

presence of witnesses, according to the Salic law, and we have thereby

released him entirely from the yoke of servitude. And by this writing we

have given a sure proof of his freedom and we desire that he shall

remain free forever. We ordain that the said Baldmunt, the reverend

priest, shall enjoy such freedom and have such rights [that is, have the

same legal status] as all those have who up to this time have been set

free in this way by the kings or emperors of the Franks.

291. Henry III Frees a Female Serf, 1050.

Bresslau, Centum Diplomata, p. 49.

See introductory note to no. 290.

Henry, etc. Let all our faithful Christian subjects, both present and

future, know that we, at the request of a certain nobleman, named

Richolf, have freed a certain one of his female serfs, named Sigena, by

striking a penny out of her hand. We have freed her from the yoke of

servitude, and have decreed that the said Sigena shall in the future

have the same liberty and legal status as all other female serfs have

who have been freed in the same way by kings or emperors....

292. The Recovery of Fugitive Serfs, 1224.

M. G. LL. 4to, IV, 2, no. 287.

The condition of the serfs was a hard one. They had heavy work, poor

shelter, and bad food. It is not strange that they sought freedom by

running away. The cities offered them a good asylum, for they regarded

it as a part of their law that a serf remaining in a free city a year

and a day without being reclaimed by his lord became free. The lords

objected to this, but without effect. Since the cities refused to

deliver serfs to their lord on demand, it was necessary for the lords to

enter the city and search for them. But in doing so they ran great risk

of being stoned from the house-tops. Henry [VII] prescribed that they

should have protection from the king as well as from the officials of

the city which they wished to search.

Henry [VII], etc.... When a quarrel arose between our cities of Elsass

and the nobles and ministerials of the same province in regard to the

serfs who had run away and gone to the cities, or might hereafter do so,

... it was settled by the following decision: If a serf belonging to a

noble or ministerial runs away and goes to one of our cities and stays

there, his lord may recover him if he can bring seven persons who are of

the family of the serf's mother, who will swear that he is a serf, and

belongs to the said lord. If the lord cannot secure seven such

witnesses, he may bring two suitable witnesses from among his neighbors,

who will swear that before the serf ran away the said lord had been in

peaceable possession of him, ... and he may then recover his serf. We

also decree and command that all nobles and ministerials who wish to

recover their serfs may enter a city for this purpose with our

permission and protection, and no one shall dare injure them. At their

request a safe-conduct shall be furnished them by the _Schultheissen_

and council of the city.

293. The Rank of Children Born of Mixed Marriages is Fixed, 1282.

Altmann und Bernheim, no. 76.

We, Rudolf, by the grace of God king, Augustus, wish by this writing to

inform all that while we were holding court at Germersheim on

Ash-Wednesday our faithful and beloved subject, Adolf, count of Monte,

presented the following question for an official decision: If free

peasants contract marriage with unfree, or with others whether of a

higher or lower social status, what shall be the status of the children

born of such mixed marriages? And all who were present declared that

children should always have the rank of that one of its parents who has

the lower social status. And by this writing we confirm this decision as

a reasonable one.

294. Frederick II Confers Nobility, about 1240.

Altmann und Bernheim, no. 74.

There was a noble class among the ancient Germans. As they established

themselves on Roman soil, the nobility itself underwent a change and it

was added to in various ways. Through great possessions in land, and

through appointment to office, which generally led to the acquisition of

lands, an aristocratic class was formed which came to be regarded as

noble. From the tenth century the man who fought on horseback was a

knight, and hence of the noble class. As the class became conscious of

itself and its privileges, it tended to put up barriers and exclude from

its ranks all except those who were born into it. Thus in the days of

Barbarossa if a knight were challenged by another, he could refuse to

fight him unless the challenger could prove that his grandfather was a

knight.

Frederick, etc. We wish all to know that A---- of N---- has told us that

although his father was not a knight yet he wishes to become one. He

therefore besought us to make him a knight. In order to reward the

faithfulness of him and of his family we grant his petition and, out of

the fulness of our power, we grant that, although his father was not a

knight, and although our laws forbid anyone to be a knight who is not

born of a noble family, he may nevertheless with our permission put on

the military girdle, and we forbid all people to hinder or prevent him

from doing this.

295. Charles IV Confers Nobility on a Doctor of Both Laws, 1360.

Altmann und Bernheim, no. 78.

The king by virtue of his royal power could confer nobility on all whom

he wished. The document of Charles IV is especially interesting as

showing the degree of honor attaching to learning. The learned man was,

because of his learning, the equal of the noble. He who had taken the

Master's degree in both laws was thereby raised to the same social plane

as the knight, but, of course, was not thereby knighted. Charles IV

recognized this principle and conferred knighthood on his friend, the

professor, who had received this degree.

Charles IV, by divine clemency emperor of the Romans, Augustus, and king

of Bohemia, sends his favor and wishes all good to the honorable Wycker,

_scholasticus_{123} of the church of St. Stephen of Mainz, his [that

is, the emperor's] chaplain, intimate table companion, and devoted and

beloved member of his household.

Beloved and devoted: Although, according to your birth and to the

standards of the world, you were not born of a noble family and are not

reckoned as a knight, nevertheless, because you are adorned with so

great and remarkable knowledge of both the civil and canon law, that it

supplies what you lack by birth [that is, nobility], in imitation of our

predecessors, the emperors of great and renowned memory, we regard your

knowledge and ability as the equivalent of nobility, and out of the

fulness of our imperial power we decree that you are noble and knightly,

and of the same rank, honor, and condition as any other noble and

knight. Therefore we strictly command all princes, ecclesiastical and

secular, counts, chiefs, nobles, and all our other faithful subjects, to

whom this letter may come, under threat of the loss of imperial favor,

to regard, hold, and treat you as such [that is, as a knight], in all

places; and out of reverence for the holy empire to admit you to all the

rights, privileges, etc., which noblemen are accustomed to enjoy....

{123} That is, he was a professor in the school connected with that

church.

296. The Law of the Family of the Bishop of Worms, 1023.

Altmann und Bernheim, no. 62; M. G. LL. 4to, I. pp. 640 ff.

The bishop of Worms was a large landholder, possessing a great deal of

the land in the city as well as in the country. This land may be divided

into two groups according to the way in which it was held and tilled.

Some of it was let out as fiefs, and from this the bishop received only

the regular feudal dues according to the terms on which he let it out.

The rest of his land was called the domain, and was tilled by serfs who

lived on it and were attached to it. There was great variety in the

condition of the serfs. Some of them had little or no right to the

products of their labors, except to what they needed to eat and wear. It

would of course be impossible for such to acquire property. Others had a

right to a greater or less share of the products of their labors, and

hence they could amass property. Through their wealth all such could, in

the course of time, improve their condition and rise in the social

scale. All those of this servile group were unfree; they were bondmen of

the church. All of them taken together were called the family of St.

Peter. They were attached to the soil which they tilled, paid a tax in

money or in kind, or rendered services, and were under the protection of

the church and the jurisdiction of the bishop.

From paragraphs 9, 13, 16, etc., we learn that there were two classes of

these serfs, the _fisgilini_, and the _dagewardi_. Of these the

_fisgilini_ were the higher in the social scale. According to paragraphs

9 and 29 they had a share in the _wergeld_ of members of their family

and they were not compelled to render services except of a certain kind

or in certain departments of the bishop's household. The services which

they were bound to render were considered less servile, less ignoble,

than those required of the _dagewardi_. From these facts it is inferred

that their ancestors had at one time been free, but had surrendered

their lands and their freedom and become bondmen of the church for the

sake of securing protection. Bishops and abbots were generally regarded

as lenient lords in comparison with secular princes, and many preferred

to become bondmen of the church rather than of secular lords. The lands

which they held they passed on from father to son (par. 2 and 3), and

they could amass property and dispose of it (par. 1 and 4). From

paragraphs 26, 27, and 28 there seems to have been some difference

between the _fisgilini_ who lived in the city and those who lived in the

country. The former were no doubt artisans, the latter, peasants. But it

is not clear what other differences existed between them.

Besides these bondmen, mention is made in the introduction and par. 14

of knights and freemen. These were the vassals of the bishop, holding

the lands of the church as fiefs. They were not included in the "family

of St. Peter."

Three officials are mentioned. (1) The advocate was a layman who

represented the bishop and the church in all secular matters, held the

three regular courts of the year, collected the fines which fell to the

bishop, etc. In theory he was the protector of the church against all

violence and oppression, but not infrequently he took advantage of his

position, and by threats and other unjust measures oppressed the church

and extorted money from it. (2) The _vidame_ was the aid or

representative of the advocate and assisted him in the administration of

his office. (3) The "official" of the introduction is the same as the

"local official" in paragraphs 2, 12, and 24. As the people on these

lands lived in villages, he was probably the official whom the bishop

entrusted with the government of the village. He held the local or

village court. (See note to par. 13.) There were _scabini_ or

_Schoeffen_ who assisted all these officials in administering justice

(see Glossary).

In par. 29 we have the origin of a new class which came to be called

ministerials. Since no. 297 treats of them especially, the student is

referred to it for a discussion of this class.

Although not logically arranged, this document is in fact a little code

of laws for the government of the bondmen of the church. A careful

analysis of each paragraph is recommended and the student will find it

profitable to attempt a classification of its provisions. The laws

concerning the different classes should at least be grouped together.

This family of St. Peter may be regarded as a partial cross section of

the society in and about Worms, showing many of the layers of which that

society was composed. The bishop's lands were no doubt scattered about,

and not in one mass. So there were other serfs, probably of different

grades, as were the _fisgilini_ and _dagewardi_, and other freemen,

knights, etc., living as neighbors to the serfs and vassals of the

bishop.

Because of the frequent lamentations of my unfortunate subjects and the

great injustice done them by many who have habitually wronged the family

of St. Peter, imposing different laws upon them and oppressing all the

weaker ones by their unjust judgments and decisions, I, Burchard, bishop

of Worms, with the advice of my clergy, knights, and of all my family,

have ordered these laws to be written, in order that hereafter no

advocate, nor vidame, nor official, nor any other malicious person may

be able to add any new law to the detriment of the afore-mentioned

family, but that the whole family, rich and poor alike, may have the

same law.

1. If anyone of the family of St. Peter legally marries a woman who is

also a member of the family, and gives her a dower and she has peaceable

possession of it for a year and a day, then if the man dies, the wife

shall hold the whole of the dower until she dies. When the woman dies,

if they had no children, the dower goes to the nearest heirs of the man.

If the woman dies first, the same disposition shall be made of it [that

is, it reverts to the husband and his heirs]. If after marriage they

acquire property, when one of them dies, the other shall have it and do

what he will with it. If the wife brought any property to her husband at

the time of marriage, at the death of both, their children, if they have

any, shall inherit it. If they have no children, it shall return to her

relatives unless she gives it away before her death. If the children die

after inheriting it, it shall return to the nearest relatives of their

mother.

2. If anyone has inherited a piece of land with serfs, and becomes poor

and is forced to sell it, he must first, in the presence of witnesses,

offer to sell it to his nearest heirs. If they will not buy it, he may

sell it to any member of the family of St. Peter. If a piece of land

has, by judicial process, been declared forfeited to the bishop [because

the holder has not paid the proper dues or rendered the due services],

and any one of the heirs of the one who held it wishes to pay the back

dues, he may do so and receive the land. But if no heir wishes to pay

the back dues, the local official may let the land to any member of the

family he may wish, and the one thus receiving it shall hold it. If

after a few years someone comes and says: "I am the heir. I was poor, I

was an orphan, I had no means of support, so I left home and have been

supporting myself in another place by work," and if he tries by his own

testimony alone to dispossess him who, with the consent of the bishop,

received the land, and who has cultivated it well and improved it, he

shall not be able to do so. For since there was no heir at the time who

was willing to pay the back dues, let him to whom the local official

gave it keep it. For [it may be said to the new claimant]: "If you were

the heir, why did you go away? Why did you not stay at home and look

after your inheritance?" No hearing shall be granted him unless he has a

good and reasonable excuse [for his absence]. If anyone who has a piece

of land by hereditary right dies leaving a child as heir, and this child

is not able to render the service due, and there is a near relative who

is willing to render the due service for this land until the heir

becomes of age, he may do so. But let the heir not be disinherited

because of his youth. We beg that he may be treated mercifully in this

matter [that is, that he may receive his inheritance when he comes of

age].

3. If anyone on our domain land dies leaving an inheritance, his heir

shall receive it without being bound to give us a present, and

thereafter he shall render the due service for it.

4. If any member of the family dies leaving free property, unless he has

given it away, his nearest heirs shall inherit it.

5. If anyone in the presence of witnesses and with the consent of his

wife parts with [alienates] any piece of property, no matter what it is,

the bargain shall stand unless there is some other good reason for

breaking it.

6. If anyone sells his land or his inheritance to another member of the

family in the presence of one of his heirs, and that heir does not

object at the time, he shall never afterwards have the right to object.

If an heir were not present, but, after learning of the sale, did not

object within that year, he shall afterwards not have the right to

object to it.

7. If anyone is, by the judgment of his fellows, put "into the bishop's

hand," he and all his possessions are in the bishop's power.

8. If anyone takes some of his fellows and does some injustice to a

member of the family, he shall pay a fine for himself and for his

accomplices and each one of them shall pay his own fine.

9. Five pounds of the _wergeld_ of a _fisgilinus_ go to the bishop's

treasury and two and one-half pounds go to his friends [kin].

10. If a man and his wife die leaving a son and a daughter, the son

shall receive the inheritance of the servile land [_i.e._, the land

which the father held], and the daughter shall receive the clothing of

her mother and all the cash on hand. Whatever other property there is

shall be divided equally between them.

11. If anyone has received a piece of land and serfs by inheritance, and

takes his bed because of illness so that he cannot ride on horseback or

walk alone, he shall not alienate [dispose of in any way] the land and

serfs to the disadvantage of his heirs, unless he wishes to give

something for the salvation of his soul. All his other property [that

is, all that he has gained in addition to what he inherited] he may give

to whomever he wishes.

12. In order that there may not be so many perjuries, if any member of

the family has done some wrong to a fellow-member in the matter of land,

or vineyards, or any other less important thing, and the case has been

brought before the local official, we desire that the local official

shall, with the aid of his fellows, decide the case without having

anyone take an oath.

13. If any _fisgilinus_ does an injustice, either great or small, he

shall, like the _dagewardus_, pledge five solidi to the treasury of the

bishop and pay five solidi as composition to him to whom he did the

wrong, if he is of the same society. If he is outside his society he

shall pledge one ounce and no oath shall be taken.

14. If anyone from the bishop's domain lands marries someone who belongs

to a fief which is held from the bishop, he shall continue to be under

the bishop's jurisdiction. If anyone from such a fief marries someone

from the bishop's domain land, he shall continue under the jurisdiction

of the lord of the fief on which he lives.

15. If anyone marries a foreign woman [that is, one who does not live on

the bishop's territory], when he dies two-thirds of their possessions

shall go to the bishop.

16. If a _fisgilinus_ marries a _dagewarda_, their children shall be of

the lower rank; and likewise if a _dagewardus_ marries a _fisgilina_.

17. If anyone makes an unjust outcry in court, or becomes angry and

leaves the court, or does not come in time to the court, and those

sitting in the court with him do not convict him of this, he shall not

take an oath about it, but the _Schoeffen_ shall decide it.

18. If anyone has a suit against his fellow, he alone shall take an oath

about it. But if it concerns a feud, or is against the bishop, he shall

have six men [compurgators] to take an oath with him.

19. It has frequently happened that if one lent his money to another,

the borrower would repay as much as he wished and then swear that he

owed no more. In order to prevent perjury we have decreed that the

lender need not accept the oath of the borrower but may, if he wishes,

challenge him to a duel, and so [by defeating him] prove his

indebtedness. If the lender is so important a person that he does not

wish to fight the borrower on such an account, he may appoint someone to

fight for him.

20. If anyone in the city of Worms is convicted by losing a duel, he

shall pledge sixty solidi. If he is defeated by a member of the family

who lives outside of the city, he shall pay the victor three times the

amount of the fine, because he challenged him unjustly, and he shall pay

the bishop's ban, and twenty solidi to the advocate, or he shall lose

his skin and hair [that is, he shall be beaten and his head shaved].

21. If anyone of the family of St. Peter buys a piece of land and serfs

from a free man [that is, one who is not a member of the family], or has

acquired it in any other way, he shall not dispose of it to anyone

outside of the family, unless he exchanges it [for other land and

serfs].

22. If anyone attempts to reduce a _fisgilinus_ to the rank of a

_dagewardus_ and subject him to an unjust poll tax [as a symbol of his

servile rank], the _fisgilinus_ shall prove his rank by the testimony of

seven of his nearest relatives, but he shall not hire them for this

purpose. If the charge is made that his father was not a _fisgilinus_,

two female witnesses shall be taken from his father's family and one

from his mother's. If it is said that his mother was not of that rank,

two shall be taken from her family and one from his father's family,

unless he can prove his rank by the testimony of the _Schoeffen_ or of

his relatives.

23. If any member of the family enters the house of another with an

armed force and violates his daughter, he shall pay to her father, or to

her guardian, three times the value of every piece of clothing which she

had on when she was seized, and to the bishop his ban for each piece of

clothing. And he shall also pay to her father a triple fine and the

bishop's ban. And because the law of the church does not permit him to

marry her, he shall appease her family by giving to twelve members of it

twelve shields and as many lances and one pound of money.

24. If anyone confesses a debt in the presence of the local official but

the said official has not the time to render a decision that day, and he

who confessed the debt denies it the next day, the said official, if he

had a witness to the confession, shall render the decision in accordance

with the confession.

25. But if the said official had no witness to the confession, he shall

render the decision according to what the man says in court and not

according to his former confession.

26. If anyone in the city has inherited a building site, it cannot be

declared forfeited to the bishop unless he has refused to pay the tax

and all other dues for three years. After he has failed to pay these

dues for three years, he shall be summoned to court three times, and if

he wishes to pay all the back dues he may do so and retain the building

site. If he sells the house, he forfeits the building site.

27. If anyone in the city strikes another so hard that he knocks him

down, he shall pay sixty solidi to the bishop. If he strikes another

with his fist or a light stick without knocking him down, he shall pay

only five solidi.

28. If anyone in the city draws his sword to kill another or stretches

his bow and puts an arrow on the bow-string, or tries to strike him with

his lance, he shall pay sixty solidi.

29. If the bishop wishes to take a _fisgilinus_ into his service, he may

put him to work under the chamberlain, or the cup-bearer, or the steward

[dish-bearer], or the master of the horse, or under the official who has

charge of the bishop's lands and collects the dues from them [_i.e._,

the advocate]. But if he does not wish to serve the bishop in any of

these departments of the bishop's household, he may pay four denars

every time the bishop is summoned by the king to call out his men for

the purpose of fighting, and six when the bishop is summoned to

accompany the emperor to Rome, and he must attend the three regular

sessions of court which are held every year, and then he may serve

whomsoever he wishes.

30. Homicides take place almost daily among the family of St. Peter, as

if they were wild beasts. The members of the family rage against each

other as if they were insane and kill each other for nothing. Sometimes

drunkenness, sometimes wanton malice is the cause of a murder. In the

course of one year thirty-five serfs of St. Peter belonging to the

church of Worms have been murdered without provocation. And the

murderers, instead of showing penitence, rather boast and are proud of

it. Because of the great loss thus inflicted on our church, with the

advice of our faithful subjects, we have made the following laws in

order to put an end to such murders. If any member of the family of St.

Peter kills a fellow member except in self-defence, that is, while

defending either himself or his property [against the attacks of the man

whom he kills], we decree that he shall be beaten and his head shaved,

and he shall be branded on both jaws with a red-hot iron, made for this

purpose, and he shall pay the _wergeld_ and make peace in the customary

way with the relatives of the man whom he killed. And those relatives

shall be compelled to accept this. If the relatives of the slain man

refuse to accept it and make war on the relatives of the murderer,

anyone of the latter may secure himself against their violence by taking

an oath that he knew nothing of the murder and had nothing to do with

it. If the relatives of the slain man disregard such an oath and try to

injure the one who took it, even though they do not succeed in doing so,

they shall be beaten and have their heads shaved, but they shall not be

branded on the jaws. But if they kill him or wound him, they shall be

beaten and their heads shaved, and they shall be branded on the jaws. If

a murderer escapes, all his property shall be confiscated, but his

relatives, if they are innocent, shall not be punished for him. If the

murderer does not flee, but, in order to prove his innocence [that is,

that he acted in self-defence], wishes to fight a duel with some

relative of the slain man, and if he wins [in the duel], he shall pay

the _wergeld_ and satisfy the relatives of the slain man. If no relative

of the slain man wishes to fight a duel with the murderer, the murderer

shall clear himself before the bishop with the ordeal of boiling water,

and pay the _wergeld_, and make peace with the relatives of the slain

man, and they shall be compelled to accept it. If through fear of this

law the relatives of the slain man go to another family [that is, to

people who do not belong to the family of St. Peter], and incite them to

violence against the relatives of the murderer, if they will not clear

themselves by a duel [that is, prove that they did not incite them,

etc.], they shall clear themselves before the bishop by the ordeal of

boiling water, and whoever is proven guilty by the ordeal shall be

beaten, his head shaved, and he shall be branded on the jaws. If any

member of the family who lives in the city kills a fellow member except

in self-defence, he shall be punished in the same way, and besides he

shall pay the bishop's ban, and the _wergeld_, and make peace with the

relatives of the slain man, and they shall be compelled to accept it. If

any foreigner [that is, one who does not belong to the family of St.

Peter] who cultivates a piece of St. Peter's land [that is, holds it as

a fief from the bishop], kills a member of the family of St. Peter

except in self-defence, he shall either be punished in the same way

[that is, by beating, etc.], or he shall lose his fief and he shall be

at the mercy of the advocate and the family of St. Peter [that is, they

may carry on a feud against him, and slay him]. If anyone who is serving

us [that is, anyone who is serving the bishop in one of the five

departments named in paragraph 29] or one of our officials commits such

a crime [that is, kills someone], it shall be left to us to punish him

as we, with the advice of our subjects, may see fit.

31. If one member of the family has a dispute with another about

anything, such as fields, vineyards, serfs, or money, if possible, let

it be decided by witnesses without oaths. If it cannot be decided in

that way, let both parties to the case produce their witnesses in court.

After the witnesses have testified, each for his side [that is, each one

says that he believes the man whom he is supporting is telling the

truth], two men shall be chosen, one from each side, to decide the suit

by a duel. He whose champion is defeated in the duel shall lose his

suit, and his witnesses shall be punished for bearing false witness,

just as if they had taken an oath to it.

32. If any member of the family commits a theft not because of hunger,

but from avarice and covetousness, or habit, and the stolen object is

worth five solidi or more, and it can be proved that the thief, either

in a public market or in a meeting of his fellow members, has restored

the stolen object, or given a pledge to do so, we decree for the

prevention of such crimes that as a punishment of his theft the thief

shall lose his legal status--that is, if anyone accuses him of a crime,

he cannot clear himself by an oath, but must prove his innocence by a

duel or by the ordeal of boiling water or red-hot iron. The same

punishment shall be inflicted on one who is guilty of perjury, or of

bearing false witness, and also on one who is convicted by duel of

theft, and of those who plot with the bishop's enemies against the honor

and safety of his lord, the bishop.

Par. 2. As a reasonable excuse, the claimant might prove that he had

been serving the bishop in war, or that he had been held as a prisoner.

In such cases he must have a hearing.

Par. 3. It was customary for an heir on entering into his inheritance to

give his lord as a present either his best piece of furniture or

clothing, or his best animal (horse, etc.). The bishop here surrenders

his right to all such presents.

Par. 4. "Free property" is such as he has acquired and has the right to

dispose of as he wishes.

Par. 7. "Into the bishop's hand," see especially no. 297, par. 7.

Par. 13. It is not clear what is meant by being of the same society.

Probably those who lived in the same neighborhood or village were

regarded as forming a society or group for administrative purposes. They

were probably under the local official who has already been spoken of in

the introduction.

Par. 14. Here the land which was held by the unfree or servile classes

is clearly distinguished from that which was held as fiefs by freemen,

knights, etc., who were the bishop's vassals.

Par. 20. The bishop's ban was sixty solidi. That is, this was a fixed

sum which all who were convicted of certain offenses had to pay as a

fine to the bishop.

Par. 26. In recognition of the fact that the ground or building-site

originally belonged to the bishop, and that he still had a certain legal

claim on it, the one who held it paid an annual tax on it. He passed it

on to his heirs, but could not sell it or transfer it to anyone. For

certain crimes it reverted to the bishop. It is characteristic of German

mediæval law that it distinguished sharply between the building-site and

the buildings on it, attaching much more importance to the building-site

than to the buildings. Thus no one in the cities was entitled to

citizenship who did not possess such a building-site in the city.

Par. 30. From the last three paragraphs one may gain a good idea of the

amount of violence, and especially of the feuds, which raged among the

serfs. The serfs of the bishop of Worms were probably no worse than

those of other lords. These paragraphs also contain several indications

of legal procedure which are worthy of note (see section VII).

297. The Charter of the Ministerials of the Archbishop of Cologne, 1154.

Altmann und Bernheim, no. 70.

It required a large number of servants to conduct the household of a

great landed proprietor and prince, such as the king, a duke, count,

archbishop, bishop, or abbot, was. For the household included the

management of his lands, the administration of justice, etc., as well as

the care of his palace, or, more likely, palaces. The household was

divided into five departments, each under a head. The head of the first

was the chamberlain, of the second, the cup-bearer, of the third, the

steward, of the fourth, the marshal (master of the horses), and of the

fifth, the advocate. The law of the bishop of Worms shows that he

obtained a sufficient number of servants to man his household by calling

in _fisgilini_ to serve in relays. All the other great lords did the

same thing. It was natural that those who had obtained some experience

in this work should be called in again and again, and so it came about

that those who served in this way were regarded as a class quite

separate from their fellow serfs who remained in the country and did not

serve in the lord's household. The position and honor became hereditary

and differentiated them from all others. They gradually rose in the

social scale. Every great lord, from the king down, developed such a

class of servants, who were called without distinction ministerials. The

kings of Germany made use of their ministerials in the administration of

the government.

As soon as they became conscious of themselves as a class they began to

haggle with their lords for more rights and privileges. They gradually

obtained a body of rights and established a set of customs which, when

written, formed a little code of laws for them. Their history shows a

constant improvement in their condition and an enlargement of their

rights. Every such lord needed soldiers, so he early began to arm his

ministerials, to put them on horseback, and to train them to fight for

him. It was soon understood that every ministerial was bound to fight

for his lord. But as soon as a man began to fight on horseback, he was a

knight, and the title of knight carried with it the conception of

nobility. We have the strange circumstance that serfs, by fighting on

horseback, partake to a certain extent of the knightly character and

rank. The outcome of it was that those ministerials who fought on

horseback forgot their servile origin and succeeded in attaching

themselves to the nobility. They formed the lower nobility in Germany.

The ministerial knights who were developed on the lands of the Staufer

served their lords in their wars and were used in the administration of

the imperial government. When the Staufer family disappeared, their

knights called themselves imperial knights and declared that they were

attached to the crown, and owed allegiance directly to the emperor,

whoever he might be.

In the name of the holy and undivided Trinity. These are the rights of

the ministerials of St. Peter in Cologne, which have been decreed,

fixed, and observed for a long time, and are still to be observed.

1. The ministerials of St. Peter shall take an oath of fidelity to their

lord, the archbishop, without any reservation or exception, and they

shall be faithful to him against every man [that is, the archbishop is

their supreme lord. Their oath to him takes precedence over their oath

to anyone else, even to the emperor].

2. If anyone invades the territory of Cologne and the lands of the

bishopric, all the ministerials of St. Peter, both those who hold fiefs

[from the archbishop] and those who do not, shall assist their lord, the

archbishop, in defending his lands, and shall follow him with arms to

the frontier of the bishopric. If the archbishop wishes to go beyond the

limits of his bishopric, the ministerials are not bound to follow him.

But they may go with him if they do so of their own accord, or if their

lord can persuade them to do so [that is, by gifts, concessions, etc.].

If the lands of the archbishop, which lie outside of his bishopric, are

violently invaded by anyone, the ministerials are bound to follow their

lord thither for the purpose of repelling this violence.

3. If the archbishop becomes so offended by one of his ministerials that

he denies him his grace and confiscates his property, that ministerial

shall beg the nobles of the land, and especially those who are the

highest officials of the archbishop's court, to intercede for him with

the archbishop. But if he is not able to regain the archbishop's grace

within a year, he may, at the end of the year, attach himself to some

other lord and serve him, but he shall never assist his new lord in

plundering the lands or burning the houses on the lands of his lord, the

archbishop. If the archbishop does not confiscate his property but

merely denies him his grace, after a year he may refuse to serve the

archbishop further until the archbishop again grants him his grace.

4. The ministerials of St. Peter are bound to go with their lord, the

archbishop, in his expedition across the Alps for the coronation of the

emperor, especially those who hold fiefs of him which have the value of

five marks or more. An exception is made in favor of the advocate and

treasurer. These two shall remain at home, because the advocate must

collect and take care of the income from the archbishop's lands [that

is, those that are not let out, but tilled by his serfs], and the

treasurer must collect the money from tolls and from the mint. But all

the others who hold fiefs of the archbishop, worth five marks or more,

shall go if the archbishop wishes them to do so. To fit him for the

journey and to clothe his servants the archbishop shall give each one of

them ten marks and forty yards of cloth which is called "scarlet," and

to every two knights he shall give a pack-horse and a saddle with all

that belongs to it, and two bags with a cover for them (which is called

a "dekhut"), and four horseshoes and twenty-four nails. After they reach

the Alps the archbishop shall give each knight a mark a month for his

expenses. If the archbishop refuses to give this mark to any knight at

the proper time and place, the said knight shall inform the officials of

the archbishop's court, and, if possible, by their help get his money.

But if even with their aid he cannot obtain the mark, he shall, toward

evening, and in the presence of a witness, place a rod which has been

stripped of its bark, on the bed of the archbishop. Nor shall anyone

remove this rod until the archbishop finds it on going to bed. If the

archbishop asks, "Who did this?" and, on being told, gives the knight

the mark due, the knight shall proceed with him. But if the knight does

not receive the mark, he shall come early the next morning to the

archbishop and fall on his knees before him; and in the presence of two

of his fellow ministerials he shall kiss the hem of the pallium of the

archbishop. He then has the right to go back home without suffering

either in his rights or honor or possessions. But if the archbishop is

angry and refuses to let him kiss his pallium, the knight shall call his

two fellow ministerials to witness and then he may go back home. Those

who hold fiefs from the archbishop of less than five marks in value need

not go on the expedition unless they wish to do so. But each one of them

shall pay an army tax, that is, the half of the income of his fief. The

archbishop shall announce the expedition to all his ministerials a year

and a day before the time of departure.

5. Of all the ministerials of St. Peter no one shall propose a verdict

[that is, render a decision in a case in court], except the advocate

alone, if he is present. If he is not present, the archbishop may ask

some other ministerial to propose the verdict.

6. The advocate of Cologne has the control and management [and income]

of the following twelve farms: Elberfeld, Helden, Zunz, Nyle, Duze,

Merreche, Pinnistorp, Lunreche, Dekstein, Blatsheim, Merzenich and

Rudisheim. He may appoint and remove the overseers in them as he sees

the interests of his lord the archbishop demand. Because Merzenich and

Rudisheim have been given as a fief to others, Burche and Bardenbach are

given the advocate in their stead. The archbishop shall have the control

of all his other farms and shall appoint and remove the overseers as he

pleases.

7. No ministerial of St. Peter shall fight a duel with another

ministerial, no matter what the one has done to the other. If one

ministerial kills another wilfully and without a good reason, the

relatives of the slain man shall make charges against the slayer before

the archbishop. If the slayer confesses the deed, he shall be delivered

into the power of his lord [that is, the archbishop]. If he denies the

deed, the archbishop shall convict him on the testimony of seven of his

ministerials who are related neither to the slayer nor to the slain. If

convicted in this way he shall be delivered into the power of his lord.

After he is delivered into the power of his lord he shall always follow

him wherever he goes. He shall have with him three horses and two

servants. But he shall never willingly let the archbishop see him,

unless it happens that the archbishop unexpectedly turns and comes back

by a road along which he has just passed. The archbishop shall supply

him and his two servants with food and provender [for their horses]. He

shall constantly follow his lord thus, and labor earnestly with the

officials of the city and the lords of the land [that is, the vassals of

the archbishop] and with all whom he can that they may aid him in

recovering the grace of the archbishop and that he may be reconciled

with the family of the man whom he has slain. If he cannot do this

within a year and a day, the advocate and the treasurer shall shut him

up in the room which is nearest to the chapel of St. Thomas under the

palace of the archbishop. This room is so near the chapel that through

its window he can daily hear the divine services. He shall be shut in

the room in the following manner: A woollen thread shall be stretched

from one doorpost to the other and each end fastened with a wax seal.

Every day at sunrise the door of the room shall be opened and it shall

remain open until sunset. He shall be under the protection of the

archbishop and secure from his enemies [the family of the man whom he

slew]. After sunset the door shall be closed from the inside so that he

will be protected from his enemies. While he is shut up in this room he

shall be at his own expense, and the archbishop shall give him nothing

toward his support. Never as long as he lives shall he leave this room

until he has recovered the grace of his archbishop and the friendship of

the family of the man whom he has slain. The archbishop shall not grant

him his grace until he has compounded with the friends of the man whom

he has slain. But he may leave the room at certain times in the year,

namely, at Christmas, at Easter, and on St. Peter's day [Aug. 1]. At

each one of these times he may go out for three days to urge and beseech

all the officials of the church, and the nobles of the land and all his

friends and fellow ministerials, to intercede for him. If he fails to

recover the grace of the archbishop within the three days, he shall at

once return to the room and remain there as before. If he leaves the

room in any other way he shall thereby lose all his rights,

ecclesiastical and secular, and he shall be deprived of his honor and

his Christianity [that is, he shall be excommunicated]. And if

afterwards he is chased and captured and killed in the church or in

sanctuary, in the city or out of it, in peace or in war, in any place

and at any time, he shall not be buried in holy ground and no punishment

shall be inflicted on those who have killed him. As long as he remains

in the room, his friends and relatives and acquaintances may freely come

to see him and stay with him, provided that in coming in or going out

they do not break the thread or the seals. His wife may visit him also,

but if she bears a child while he is thus imprisoned, it shall be

illegitimate and shall have no secular rights [that is, it cannot

inherit].

8. If a ministerial of St. Peter challenges a ministerial of the empire

to a duel [to settle some suit] in the court of the archbishop, fifteen

days before the duel the archbishop shall send both of them to the

emperor that they may fight in his presence and the ministerial shall

obtain his justice there [in the court of the emperor]. If a ministerial

of the emperor challenges a ministerial of St. Peter to a duel, the

emperor shall send them both to the archbishop that he may decide the

case. And if the emperor does not judge the ministerials of St. Peter

but sends them to their lord the archbishop, it is evident that the

nobles of the territory of Cologne who have jurisdiction on their lands,

have no right to sit in judgment on the ministerials of St. Peter in

matters concerning their allodial holdings and in capital charges. But

if the nobles have anything against the ministerials, which concerns

their persons or their allodial holdings, they shall enter suit in the

archbishop's court and obtain justice there.

9. No archdeacon, no deacon, and no parish priest shall exercise

ecclesiastical authority over the ministerials of St. Peter or

excommunicate them for anything that they may do, unless they seize the

tithes or property of the church. If they do this they must answer for

it in the court of the priest in whose parish they have committed the

offence. If they do anything else worthy of punishment, the chaplain of

the archbishop shall punish them for it. The day after the feast of St.

Peter the chaplain shall hold a synod [an ecclesiastical court] in the

old house of the archbishop before the chapel of St. John, and he shall

sit in the stone chair which is there. And all the ministerials of St.

Peter shall be present to answer to the chaplain as to their spiritual

father for all the faults which they have committed in person.

10. Every ministerial is born and appointed to service in a certain

department at the court of the archbishop. There are five of these

departments. In them only the ministerials of St. Peter may serve, and

especially the oldest sons. They shall serve in the following manner:

Each one shall serve for six weeks in that department of the household

to which he was born. After one has served six weeks he shall go home

and another shall take his place. If anyone wishes to go home he shall

come into the presence of the archbishop and tell him that his six weeks

are ended and shall ask him for permission to go home. If the archbishop

refuses his permission, the ministerial shall nevertheless kiss the

border of the archbishop's robe and go home without offending the

archbishop. But if the archbishop is not willing to be without him and

can persuade him to stay [that is, by paying him in some way], the

archbishop may use him in whatever honorable service he pleases, but he

may not use him in any of the five departments until his turn of six

weeks comes around again.