"And whereas, by a just dispensation, it is proper for those labouring in the service of the heavenly ruler, to enjoy a special prerogative, those who shall assume the cross shall be exempt from contributions and talliages, and from other burdens, and after they have assumed the cross, we receive their persons and property into the protection of St. Peter and ourselves, decreeing also that their property shall continue under the protection of the archbishops, bishops, and all the prelates of God's Church, proper protectors being nevertheless appointed for this especial purpose by themselves, so that their possessions may remain quiet and entire, until certain intelligence is obtained of their return or their death. And if any one shall presume to act contrary to this, he shall be restrained by the Church's censure.

"If any of those who set out on this expedition shall be bound by oath to pay any interest, we order their creditors, under the aforesaid penalty, to remit to them the oath they have made, and to desist from demanding interest. And if any of their creditors shall compel them to pay interest, we order him to be compelled to restore the same under penalty of a similar sentence. It is our order that Jews be compelled by the secular power to remit interest, and, until they shall remit it, that all communication with Christians shall be denied them by means of the sentence of excommunication. With respect to those who cannot at present pay their debts to the Jews, the secular rulers shall, by a salutary delay, make such arrangements that, from the time when they set out on the expedition until intelligence is gained either of their return or their death, they shall not incur the inconvenience of accruing interest; the Jews being compelled, after deducting all necessary expenses, to reckon the proceeds of the money pledged, which they have received in the mean time, as part of the debt; since a benefit of this kind does not seem to have much loss attending it, for, although it postpones payment, it does not do away with the debt. Besides this, the prelates of the churches who shall show themselves negligent in affording justice to those who have taken the cross, or to their families, may rest assured that they will be severely punished. Again, whereas corsairs and pirates. much obstruct us in sending supplies to the Holy Land, by capturing and pillaging those going to and returning from

that country, we excommunicate them and their principal aiders and abettors, forbidding any one, if he is aware of it, under penalty of anathema, from holding any communication with them in any matter of buying or selling; and we enjoin on the governors of cities and other places to withhold and restrain those said pirates from practising such annoyances; otherwise, since to refuse to disturb the wicked is nothing less than to favour them, and whoever refrains from opposing a manifest crime is not free from suspicion of secret connivance with the perpetrator, it is our will and order, that rigorous ecclesiastical measures be put in practice by the prelates of the churches. We moreover excommunicate and anathematize those false and wicked Christians who, in opposition to Christ and Christ's people, carry arms to the Saracens, and iron and timber for their galleys; those also who sell them galleys or ships, as well as those who fill the offices of commanders in the Saracen ships, and also those who give them any advice or assistance in their engines of war, or in any other matters, to the injury of the Holy Land. We decree that such shall be mulcted of all their goods, and shall be the servants of those who seize them; and it is our order, that such sentence be publicly renewed against them on each Sunday and feast-day throughout all the cities on the sea-coast, and that the bosom of the Church shall not be open to such persons, unless they shall transmit all they have received by such a damnable traffic, and as much again of their own property, for the assistance of the Holy Land that thus they may be punished on an impartial judgment, according to their fault; but if by chance they cannot pay this, whoever is guilty of such actions shall be punished in some other way, so as to prevent any one else from presuming on similar audacious proceedings. Moreover, we prohibit and interdict all Christians, under penalty of anathema, from transmitting their ships into the territory of the Saracens who dwell in the East within the term of four years, that by these means a greater quantity of shipping may be procured for those wishing to go to the assistance of the Holy Land, and the Saracens may be deprived of that assistance which, by these means, has been usually given to them in no slight degree. Although at various councils tournaments in general may have been interdicted under a certain

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penalty, yet, inasmuch as at this time the crusade is very much impeded by them, we strictly prohibit their being held for a period of three years, under penalty of excommunication. And whereas, in order to carry out these matters, it is above all things necessary that Christian princes and nations should be at peace amongst themselves, we, by the advice of the general synod, decree that peace be observed in general throughout the whole Christian world for at least four years, and that, by the intervention of the prelates of the churches, those at variance may be induced inviolably to observe a full peace, or at least a binding truce. And if any shall refuse to acquiesce in this, they shall be compelled to it by sentence of excommunication against their persons, and interdict on their lands, unless the malice of their injuries is such that they ought not to enjoy such a peace. And if they should pay little or no regard to the Church's censure, they will have good reason to fear that, by the influence of the Church, the secular power may be brought to bear upon them, as disturbers of the affairs of the crucified one. We, therefore, by the compassion of the omnipotent God, and relying on the authority of the blessed apostles. Peter and Paul, and by that power which God has given us, unworthy as we are, of binding and loosing, grant to all those who shall enter upon this duty in their own persons, and at their own expense, full pardon of their sins, of which they shall repent and make true confession with a contrite heart, and in reward of the just we promise an increase of eternal salvation. To those also who do not go there in person, but shall nevertheless send proper persons thither at their own expense, according to their means and rank, we also grant full remission of their sins, as well as to those who shall go there in person, although at the expense of another. In this remission we wish and allow to be participators (according to the extent of their assistance and the nature of their devotion) all those who shall furnish adequate assistance to the Holy Land out of their property, or shall give opportune aid and advice on the aforesaid matters. To all those who piously aid in this work, the holy and universal synod will impart the assistance of its prayers and good wishes, that it may have due weight towards insuring their salvation.—Amen."

Concerning the sentence of excommunication.

Judges injuriously misapply the Church's censure when they indiscreetly endeavour to tear away the innocent from the bosom of the mother Church, owing to the fault of another party, by which the person who is improperly branded is not hurt, but becomes an accusing party. Wishing, therefore, to obviate the arrogance, or rather unskilfulness, of such persons, we by these presents establish a decree, that no judge shall, before communicating with the canons, presume to excommunicate by any minor excommunication those who become participators with the man excommunicated by them, by holding conversation with him, or any other means which render them participators; saving, however, the constitutions legally promulgated against those who dare to participate in the crime of another which has been condemned.

"But if by conversation, by despising holy things, or any other means by which a participator with the excommunicated person falls under the minor sentence, he shall have incurred the penalty of the greater excommunication, in order that he may be the more easily recalled by previous atonement to obtain absolution, the judge may, after canonical communication, visit the participators with that same person with a similar censure; otherwise, excommunication will not hold good against participators, and those pronouncing the sentence will have reason to fear lawful punishment.”

The punishment for contumacy in an absent person.

"If any person is litigating with another possessor concerning the holding of any dignity, parsonage, or any other ecclesiastical benefice, on account of the contumacy of the adverse party for the sake of keeping possession of the same, we decree that he shall not be put into possession, lest admission to them by these means may appear faulty. may, however, be lawful in this case, as the Divine Presence makes up for the absence of the contumacious party, even though the matter be not brought to trial, to make a careful examination, and duly to determine the same.'

It

No hinderance to be caused to the trial of the matter in dispute. "The interposition, before the matter is brought to trial, of

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peremptory exceptions, or any principal defence pertaining to or containing recognisance of the matter, unless the litigator shall make exception in the case of a matter adjudged, transacted, or determined, shall not obstruct or impede the trial of the matter, although the objector may say, that a reply has not been obtained, in the case where the grounds of opposition to the claimant had been made known to the defendant."

Causes not to be intrusted to deputy judges, unless in well-known places.

"In the unravelling and final settlement of the business of causes, obscurity is hateful, and to be avoided; but that there should be none about persons and places, is very expedient and commendable. In this matter, therefore, we have thought proper to decree, and most strictly to ordain, that no causes shall be intrusted by the Apostolic See, or its deputies, to any parties, unless to persons who are endued with proper qualifications, or appointed in cathedral churches or other venerable assemblies; and that such causes shall not be argued in any places but in cities, or large and distinguished places, where the number of those skilled in the law may be available. And judges, who, in opposition to this decree, shall cite either of the parties, or both, to any other places, may be disobeyed with impunity, unless the citation shall have been issued with the common consent of both parties."

No summons to be allowed to a contumacious plaintiff.

"If any plaintiff neglect to appear at the period for which he has cited his opposer, he shall be lawfully condemned to pay to the accused party, if he appear, the expenses incurred by him in the matter; and he shall not be allowed to give another summons, unless he gives sufficient security that he will appear at the period determined on.'

That no one is to be dragged before different judges for different
personal actions.

Wishing by all possible means to diminish, and keep within the bounds of equity, the costs of causes in dispute, we, enlarging on the decree of Pope Innocent the Third, of happy memory, promulgated on this matter, decree and ordain, that if any one chooses to bring several personal actions against another, he shall endeavour to obtain war