Page:Readings in European History Vol 1.djvu/225

 I Feudalism 189 If it shall be necessary for any one, during the period of the peace, i.e. from the Advent of our Lord to the eighth day after Epiphany, and from Septuagesima to the eighth day after Pentecost, to go from one bishopric into another in which the peace is not observed, he may bear arms, but on the condition that he shall not injure any one, except in self-defense if he is attacked ; and when he returns into our diocese he shall immediately lay aside his arms. If it shall happen that any castle is besieged during the days which are included within the peace, the besiegers shall cease from attack unless they are set upon by the besieged and compelled to beat the latter back. And in order that this statute of peace should not be violated by any one rashly or with impunity, a penalty was fixed by the common consent of all, namely : If a free man or noble violates it, i.e. commits homicide, or wounds any one, or is at fault in any manner whatever, he shall be expelled from his lands, without any indulgence on account of the payment of money or the intercession of friends, and his heirs shall take all his property. If he holds a fief, the lord to whom it belongs shall receive it again. Moreover, if it appear that his heirs after his expulsion have furnished him any support or aid, and if they are convicted of it, the estate shall be taken from them and revert to the king. But if they wish to clear themselves of the charge against them, they shall take oath, with twelve who are equally free or equally noble. If a slave kills a man, he shall be beheaded ; if he wounds a man, he shall lose a hand ; if he does an injury in any other way with his fist or a club, or by striking with a stone, he shall be shorn and flogged. If, however, he is accused and wishes to prove his innocence, he shall clear himself by the ordeal of cpld water, but he must himself be put into the water and no one else in his place. If, however, fearing the sentence decreed against him, he flees, he shall be under a perpetual excommunication; and if he is known to be in any place, letters shall be sent thither, in which it shall be announced to all that he is excommunicate, and that it is