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.