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CONCERNING ACCUSATIONS.

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obtains absolution, the foregoing proceedings, however, to remain in full force. Proviso, that this demurrer shall not be set forth more than twice, except when a fresh excommunication shall have arisen, or clear and ready proof of the old one be adduced. But if, after the matter is adjudged, such a plea be put forth, it shall be taken as an excuse, and the sentence which has preceded it shall not the less obtain strength, saving, however, that if the plaintiff be publicly excommunicated, and the judge shall learn this at any time, although the defendant shall not enter this plea, the judge shall, without delay, expel the plaintiff from his office."

Of the sentence and subject matter thereof.

"Since the tribunal of the eternal judge does not hold him guilty whom a judge has unjustly condemned, as witness the prophet, who says, 'Neither shall he condemn him when judgment shall be passed upon him,' ecclesiastical judges must beware and take wise caution that no undue regard be had either to hatred or favour; let all fear be removed, and let no reward nor hope of reward overturn justice. But let them carry the scale in their hands, and evenly balance between the parties, that in all matters to be brought forward in the causes, especially in determining on and pronouncing sentences, they may have God alone before their eyes, imitating the example of him who, entering the tabernacle, referred the complaints of the people to the Lord, for him to decide them by his judgment. But if any ordinary ecclesiastical judge, or even a deputed one, who is prodigal of his good name, and the destroyer of his own honour, shall, contrary to the dictates of his own conscience and to justice, come to any decision to the injury of either party, through favour or for the sake of filthy lucre, he shall be suspended from performing the duties of his office for a year, and, notwithstanding this, shall be condemned to pay the injured party according to the amount of the injury. We would also have him to know, that if he intrudes himself during the time of his suspension in divine services, he will incur the charge of irregularity, according to the canonical rules, from which he can only be released by the Apostolic See; saving, however, other decrees which direct and inflict punishment on judges who give improper decisions. For it

is proper that any one who offends in so many ways should be visited with manifold punishment."

Concerning appeals.

"It is the wish of our heart to diminish litigations and to relieve our subjects from their troubles. We therefore decree, that if any one on trial or out of court shall think proper to appeal to us concerning interlocutory proceedings, or any injury done him, let him at once commit to writing the cause of appeal, and demand letters dismissory, which we order to be granted to him, and in which writing the judge shall express the cause of appeal. And when the appeal is not admitted of, or any delay is made in the matter of it out of respect to a superior, after this, time for prosecuting the appeal shall be granted to the appellant, according to the distance of the places and the nature of the business, if the appellant wishes it, and the principals shall either themselves, or by agents, demand conveyances, orders to proceed, grounds and documents relating to the cause, and let them go thus prepared to the Apostolic See; so that, if it seem expedient to us, when the matter of appeal is determined, or is dropped by consent of both parties, they shall proceed in the principal cause as far as they can and ought by right; not, however, altering the decrees which have been made of old respecting appeals made from definitive sentences. But if the appellant shall not observe the foregoing decrees, he shall be considered as non-appellant, and shall return to the decision of the former judge, and at the same time be condemned in all legitimate costs. But if the person appealed against shall neglect this statute, proceedings shall be taken against him, as a contumacious person, as far as is allowed by law, both in the expenses and in the cause itself. For it is but just that the laws should rise up against him who deceives the law, the judge, and his opponent."

Of the sentence of excommunication.

"Since excommunication is meant to heal, not to kill; to correct, and not to destroy, provided, however, that he against whom it is pronounced does not despise it, the ecclesiastical judge should take great care, in pronouncing the same, to show that he follows the course of a corrector and healer. Whoever, therefore, excommunicates any one, let him set it

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forth in writing, and he must expressly add, in writing, the cause for which the sentence of excommunication was pronounced; and a copy of this writing he shall be bound, if required to do so, to deliver to the excommunicated person within a month from the day of the issuing of the sentence; and concerning this requisition, it is our will that a public instrument should be drawn up, or testimonial letters, sealed with an authentic seal, be written. If any judge shall rashly violate this decree, he shall be suspended from entering a church, and from hearing divine service, for one month; and the superior who is resorted to shall, without opposition, withdraw the sentence, and shall condemn the promulgator of it to pay all expenses, and visit him in other ways with condign punishment, in order that, from the punishment, the judges may learn how serious a thing it is to fulminate sentences of excommunication against any one without mature deliberation; and it is our will also, that these same rules should be observed in sentences of suspension and interdict. Let, however, all the prelates and judges beware that they do not incur the aforesaid penalty of suspension; for if they should ever perform divine services as formerly, when thus suspended, they will not escape the charge of irregularity, according to the canonical rules; in which case they will not be able to obtain a dispensation unless through the supreme pontiff."

On the same matter.

"It is generally a matter of doubt with some, whether, when any one demands to be absolved by a superior on giving bail, and at the same time declares that the sentence of excommunication against him is invalid, the benefit of absolution ought to be granted to him without any opposition; and whether, before this said absolution, any one who offers on trial to prove that he was excommunicated after a lawful appeal, or that a palpable error was evidently committed in the sentence, ought to be avoided in other matters, except in that of the said proof. With regard to the first matter of doubt, we decree that absolution shall not be denied to any one asking it, although the excommunicator or adversary may oppose it; in which case only three delays of eight days shall be allowed to the one who makes this statement, unless he proves what he pleads in opposition; nor shall the sentence

be withdrawn, unless sufficient satisfaction be previously given, or adequate security, to abide by the right, if a doubt of the offence is brought forward. With regard to the second question, we decree that any one who is admitted to proof shall, during the said proof, be avoided in other matters which he may have accepted as a party in the cause. But after trial he shall, nevertheless, be admitted to his duties, to nominations, elections, and other lawful proceedings."*

Concerning the matter of the crusade.

When these statutes were made known to the assembly, they gave satisfaction to all the wise part of the community, and in this matter, indeed, the pope deservedly obtained the thanks and favour of all in common. Yet some statutes were made before the council, some during the council, and some after it; and some decrees were wisely and prudently made at the council concerning the matter of the crusade ; but when mention was made of a contribution of money, the pope was refused to his face, chiefly on account of that universally detested clause, "They shall give their assistance by the hands of those who are appointed for that purpose by the foresight of the apostles.' For many times, and in manifold ways, have the faithful followers of the Church complained that they had been cheated by the Roman church of the money which they had contributed for the assistance of the Holy Land. But the other decrees, which were wisely ordained, and gave satisfaction to the hearts and ears of Christians, were written word for word according to those made by Pope Gregory in the year of our Lord one thousand two hundred and thirty-four; under which date will also be found a most eloquent sermon composed by Pope Gregory; and that same sermon was now repeated at this council by Pope Innocent the Fourth, as if it were a new one. His holiness also declared that he should irrevocably observe all these decrees, especially those concerning the emperor.

* I have translated the statutes of this council as well as lay in my power many passages are perfectly unintelligible to me in the original, and will, it is feared, be equally so to the reader in the translation. The Latin text is, I believe, full of corruptions, and the general reader will, perhaps, be satisfied with the version given above; but those who wish to study the subject more carefully, must consult a more experienced canonist than I am.

A.D. 1245.]

FREDERICK CROWNS HIMSELF.

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Master Thaddeus, on hearing this, said with a sigh, "I see that there is no remedy open for this peril ;" and then added, with weeping and lamentation, "Truly was that day a day of anger," as he had said before when all the prelates in full council had inverted their lighted tapers, and extinguished them when deposing the excommunicated emperor Frederick. At the end of his speech Master Thaddeus said, "From this time forth heretics will sing, the Chorosmians will reign supreme, and the Tartars will rise in their strength and prevail;" and he then returned to tell all these proceedings to the emperor. The pope then publicly said to all, "I have done my duty, now let God do what he pleases, and proceed as he wills in these matters."

How Frederick, on being deposed by the pope, crowned himself.

When the emperor Frederick heard and was made fully aware of all these proceedings he could not contain himself, but burst into a violent rage, and darting a scowling look on those who sat round him, he thundered forth, "The pope in his synod has disgraced me by depriving me of my crown. Whence arises such great audacity? whence proceeds such rash presumption? Where are my cases which contain my portable treasures ?" And, on their being brought and unlocked before him by his order, he said, "See if my crowns are lost now;" then finding one, he placed it on his head, and being thus crowned he stood up, and, with threatening eyes, a dreadful voice, unrestrainable from passion, he said aloud, "I have not yet lost my crown, nor will I be deprived of it by any attacks of the pope or the synodal council, without a bloody struggle. Does his vulgar pride toss him to such heights as to enable him to hurl from the imperial dignity me, the chief prince of the world, than whom none is greater,— yea who am without an equal? In this matter my condition is ameliorated: in some things I was bound to obey, at least to respect him; but now I am released from all ties of affection and veneration, and also from the obligation of any kind of peace with him." From that time forth, therefore, he, in order to injure the pope more effectually and perseveringly, did all kinds of harm to his holiness, in his money, as well as in his friends and relations.

He, therefore, in order the more to strengthen his party,