By Kenneth M. Setton, Norman P. Zacour, Harry W. Hazard
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Additional resources for A History of the Crusades, Vol. VI: The Impact of the Crusades on Europe, Together with a Bibliography of the Crusades
ExJrovagantes . Joannis papae XXII . , cols. 1214-121S. Ch. I . • THE LEGAL AND POUTICAL THEORY OF THE CRUSADE 25 confiscated, and that they should themselves, if taken, be enslaved. 4 4 A similar but fuller ~non of Lateran IV, also incorporated in the Decretals, added anathemas against these "false and impious" Christians who do the things forbidden by the earlier canon, and also those who give advice and help in the use of "engines", or in any other way; what this forbids is what we now call acting as foreign experts.
33 These abuses, by common consent, made the whole business unpopular. In fact it was a business, an often capricious system of tax collection which gave increasing prominence to redemption. Cash payments necessitated a return to the custom of partial indulgences ("proportionate" plenary indulgence), and there was no adequate means of assessment. In a study of legal theory one can do little more than emphasize the feebleness of the law which wholly failed to regulate the trade in indulgences or the scale of redemption.
Early in this period the crusade became a normal penance; for example, the Second Lateran Council (1139) decreed a year's service in Jerusalem or Spain for arson. The legal concept of holy war developed most quickly in terms not only of penance, but of the indulgences which the papal documents concede, and which became so popular at this time. 16 Indulgences evolved from the old system of penitentiaries, with their tariffed penance, which, together with a process of redemptions, lasted into the eleventh century.
A History of the Crusades, Vol. VI: The Impact of the Crusades on Europe, Together with a Bibliography of the Crusades by Kenneth M. Setton, Norman P. Zacour, Harry W. Hazard