volume one

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262 HISTORY OF THE CEL'SADES. called tlie prior or abbot of the Yigeois, described very tolerably the events of these wars in a large volume all written in his maternal tongue, and in vidgar rhyme, in order that the people might imderstand it tlie better. This poem, written in verse, which was the fruit of the labour of twelve years, is lost. Many other similar works have doubtless shared the same fate ; but that which remains suffices to prove that human intelligence began to expard at the commencement of the twelfth century. Before this period, the science of legislation, wliicli is the first and most important of aD, had made but very little progress. Some cities of Italy and the pro"s*inces near the Pyrenees, where the Groths had encouraged the Eoman laws, alone exhibited glimmerings of ciA^ilization. Among the rules and ordinances that Gaston de Beam laid down before his departure for the Holy Land, are to be found many points and particulars which deserve to be preserv^ed by history, because they exhibit the feeble beginnings of a legislation which time and fortunate circumstances would perfect. Peace, savs this legislator of the eleventh centurv, shall be observed at all times towards clerJcs, monks, travellers, and ladies and their suite.— If ani/ one takes refuge in the abode of a lady, he shall enjoy security ofperson, on 'paying all loss or consequent injury. Let the peasant live in peace ; let his cattle and agricultural instruments be exempt from seizure.* These benevolent dispositions were inspired by the spirit of chivalry, which had made some progress in the wars against the Saracens of Spain ; they were particularly the works of the councils t which undertook to put a stop to private wars * yTe have obtained these details from a manuscript history of Beam, which has been kindly communicated to us by one of our most distinguished magistrates, who consecrates his leisure to the cultivation of letters. This history, remarkable for a wise erudition and sound criticism, is likely to throw a great light upon the remote times of which we speak. f All the ordinances of Gaston de Beam are to be found in the decrees of the sjTiod or council held in the diocese of Elne, in Roussillon, the 16th of May, 1027. These dispositions had for object the Truce of God. The council decreed that no unarmed clerk or monk should be attacked, nor any man who was going to church or coming from it, or was walking with women. At the council of Bourges in 1031, and in several others, hese regulations were renewed ; labourers, their cattle and mills, were

HISTORY OF THE CRUSADES. 263 and the excess of feudal anarchy. The holy wars beyond the seas finished that which chivalry had begun, they perfected chivalry itself. The council of Clermont and the crusade that followed it only developed and consohdated all which preceding councils, all that the wisest lords and princes, had done for the cause of humanity. Many of the princes of the crusades, such as the duke of Brittany and Robert count of Flanders, signalized their return by establishing wise regulations. A few salutary in- stitutions began to displace the violent abuses of feudalism, and there might be seen, at least in some provinces, what a regime founded by the sword could exhibit of a moderate kind in its legislation. It was in France that these changes were most obvious, because France had taken the greatest part in the crusade. jNIany nobles emancipated their serfs upon their following them in this expedition. Giraud and Griraudet Adhemar de ]Monthiel, who followed their brother, the bishop of Puy, to the holy war, to encourage and reward some of their vassals, by whom they were accompanied, granted them several fiefs by an act drawn up in the same year as the taking of Jerusalem. We might quote many similar acts made during the crusade and in the first year that followed it. Liberty awaited in the West the small number that returned from the holy war, who seemed to acknowledge no other master but Jesus Christ. In this crusade the nobility lost some portion of a power which they had abused, but they had more splendour and were held in greater honour. The king of France, although for a long time obnoxious to the censures of the Church, and although he did not distinguish himself by any great personal quaUties, had a more tranquil and prosperous reign than his predecessors; he began to shake ofi" the yoke of the great vassals of the crown, of whom several were ruined or perished in the holy war. "We have often repeated that the crusade placed great wealth in the hands of the clergy ; but we must likewise add, that the clergy composed the most enlightened placed under the safeguard of i-eligion.— Seethe Collection of the Councils by le P. Labbe. It is not useless to remark that these regulations were at first received in Aquitaine. The council of Clermont caused them to 1^ adopted throughout the greater part of Europe.

262 HISTORY OF THE CEL'SADES.<br />

called tlie prior or abbot of the Yigeois, described very tolerably<br />

the events of these wars in a large <strong>volume</strong> all written<br />

in his maternal tongue, and in vidgar rhyme, in order that the<br />

people might imderstand it tlie better. This poem, written<br />

in verse, which was the fruit of the labour of twelve years, is<br />

lost. Many other similar works have doubtless shared the<br />

same fate ; but that which remains suffices to prove that<br />

human intelligence began to expard at the commencement<br />

of the twelfth century.<br />

Before this period, the science of legislation, wliicli is the<br />

first and most important of aD, had made but very little<br />

progress. Some cities of Italy and the pro"s*inces near the<br />

Pyrenees, where the Groths had encouraged the Eoman laws,<br />

al<strong>one</strong> exhibited glimmerings of ciA^ilization. Among the<br />

rules and ordinances that Gaston de Beam laid down before<br />

his departure for the Holy Land, are to be found many points<br />

and particulars which deserve to be preserv^ed by history,<br />

because they exhibit the feeble beginnings of a legislation<br />

which time and fortunate circumstances would perfect.<br />

Peace, savs this legislator of the eleventh centurv, shall be<br />

observed at all times towards clerJcs, monks, travellers, and<br />

ladies and their suite.— If ani/ <strong>one</strong> takes refuge in the abode<br />

of a lady, he shall enjoy security ofperson, on 'paying all loss<br />

or consequent injury. Let the peasant live in peace ; let his<br />

cattle and agricultural instruments be exempt from seizure.*<br />

These benevolent dispositions were inspired by the spirit of<br />

chivalry, which had made some progress in the wars against<br />

the Saracens of Spain ; they were particularly the works of<br />

the councils t which undertook to put a stop to private wars<br />

* yTe have obtained these details from a manuscript history of Beam,<br />

which has been kindly communicated to us by <strong>one</strong> of our most distinguished<br />

magistrates, who consecrates his leisure to the cultivation of<br />

letters. This history, remarkable for a wise erudition and sound criticism,<br />

is likely to throw a great light upon the remote times of which we<br />

speak.<br />

f<br />

All the ordinances of Gaston de Beam are to be found in the decrees<br />

of the sjTiod or council held in the diocese of Elne, in Roussillon, the<br />

16th of May, 1027. These dispositions had for object the Truce of God.<br />

The council decreed that no unarmed clerk or monk should be attacked,<br />

nor any man who was going to church or coming from it, or was walking<br />

with women. At the council of Bourges in 1031, and in several others,<br />

hese regulations were renewed ; labourers, their cattle and mills, were

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