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Ransoming Captives in Crusader Spain:
The Order of Merced on the Christian-Islamic Frontier
***
James William Brodman



[127]

APPENDIX B

Constitutions of the Ancient Fathers of
the Order of the Virgin Mary
of the Ransom of Captives
That Were Enacted in the Year 1272(1)


Prologue

    God, the father of mercy and the source of all consolation, the provider of courage for every tribulation, out of his own great compassion sent his son, Jesus Christ, into this world to visit the entire human race, which at that time was like a captive in prison, under the power of the devil and of hell. [He came] to visit and deliver all of those friends who were in that prison, under the power of that named enemy, and to bring them to his glory with those others who have climbed up to that place through [God's] mercy to claim and gain the positions of those angels who because of pride fell from heaven and became devils. So also, the Father, Son, and Holy Spirit, in whose works there is no division, ordered through their mercy and pity the foundation and establishment of this order, called the order of the Virgin Mary of the Ransom of Captives of St. Eulàlia of Barcelona. By that command, they ordained Brother Pere Nolasc as their servant, delegate, founder, and executor. The virtue and intention of this man, and of all the other masters who have followed him, have established for all time as the work and labor of the brothers and of the entire order that the master and brothers -- who have made their profession in this order out of faith in Jesus Christ and in the hope of salvation, and out of true love for him who at that time took flesh from the most glorious St. Mary the Virgin and is in one person true God and true man, who suffered and died for us, who has visited and will always visit his friends and free those who are in hell -- as a good work, will labor willingly and visit and deliver those Christians who are in captivity and in the power of Saracens or of other enemies of our law, this according to the proper commandment and wishes of the master of this order.

    [128] Through the same grace with which they pursue and proceed with the visitation and deliverance of Christians from the power of the enemies of the order of Christ as sons of the true obedience, let all the brothers of this order always appear happy if it is their office to give their life, just as Jesus Christ gave his for us. Thus, on the day of Judgment, through the mercy of Christ they will be assigned to the right side as being worthy of hearing the sweet words that Jesus Christ will utter from his lips: come, blessed of my father, take the kingdom that has been prepared for you from the beginning of time because when I was in prison, you came to me. When sick, you visited me. I was hungry and you gave me to eat. I was thirsty and you gave me to drink. I was naked and you clothed me. I was homeless and you took me in. All of these things have been ordained by Jesus Christ to be fulfilled in this order -- to uphold and increase the important work of mercy implicit in visiting and redeeming Christian captives from the power of Saracens and of others who are against our law. For this specifically God has established this order.
 
 

(1) Promulgation

We, Brother Pere d'Amer, humble master of the said order, were present at our chapter general at Barcelona that was held on the calends of May [May 1] in the year of our Lord 1272. First of all, we have visited all the houses of our order and have seen and collected the constitutions made by our predecessors and masters. Some we have completely abandoned; others we have amended; and others we have remade for the honor of God and of the Virgin Mary, his mother, for the lasting governance and utility of the order, and for the desired and vigilant deliverance of captives. [We do this] to punish, check, and correct the falsity and disloyalty of those who have been negligent or who have done evil in the order. With the advice of all the brothers present at this chapter, we have had them included in this book. We command firmly and strictly, through us and our successors, that all the constitutions contained below be always observed and maintained fully and without impairment by all of our brothers. This is the form of the constitutions that follow below.

(2) Of the Chapter General and Its Form

We establish and ordain that each year on the feast of the Holy Cross, at the beginning of the month of May, a chapter general be assembled [129] and held at a place and in a manner ordained by the master. All the commanders, each with a brother from the place that he commands, are to come prepared to act and to follow the commandment of the order. And he who is unable to come is to send letters to the chapter giving precise and accurate reasons whv he is unable to attend.

(3) What Must Be Done on the First Day of the Chapter

On the first day of the chapter, all of the commanders and officials are to come to the chapter and give to the master the purses and keys, and give account of the alms that have been received. Let each one give one dobla to pay for the expenses of the chapter. And let them then give a written account to the aforesaid master of any item or amount of money that was lent or borrowed, taken in or paid out, for reason of any captive. This is to be handed over to that brother who, with the advice of the chapter, will be sent to that land whence these things ought to be delivered.

Moreover, the master with the advice of the brothers is to select and appoint two clerical brothers and two lay brothers who, with the advice of the master or of the prior, having first considered the offense and the proof, will impose or allot, according to their judgment, penance to those who have been accused.

The brothers are to be careful not to accuse a brother of something that they cannot prove. If one accuses but cannot prove the charge, let him suffer the same penalty that would be imposed if the accusation had been sustained.

But the one who was accused on that day must not be able to denounce on that same day the one who accused him. But let him be able to make an accusation about that which is worthy of correction on the following day so that charges and other things done in the order not be made through anger or error but out of love.

On this day, all the brothers are to rise at matins. After matins, let all of these constitutions be read here clearly, slowly, and carefully, so that none of us can excuse ourselves from doing what according to God must be done and, wherever the brothers may be, let them be made to read in order to learn, to know, and to do what should be done and what should be left undone.

The prior is to excommunicate all those brothers who are embezzlers, thieves, conspirators, fugitives, disobedient or violent, and all those who consciously go against the edicts of the chapter general.

Likewise, let there be read at this chapter all the names of the [130] brothers and sisters and familiars of the order who died during the year. Let them be absolved by the prior according to the form of the order. And let them [i.e., the brothers present] leave the chapter and let the mass of St. Mary be solemnly sung.
 

(4) What the Second Day of the Chapter Ought to Accomplish

On the second day, the master and brothers are to come to the chapter and a homily is to be given. Afterwards, let the proclamations and corrections be made before the two clerical brothers and two laics according to the manner indicated above.

When the chapter has ended, each of the brothers is to confess to the one who has the office. Afterwards, let the community solemnly sing the mass of the Holy Spirit. Let all of the brothers receive the body of Jesus Christ except for those who have a very serious illness.

(5) Concerning the Profession of Novices

At this mass, novices can be received for profession. The poverty and hardships of the order must be explained to these [candidates] and they must be asked and questioned whether they are bound by a vow, or to any order, or if there are debts or obligations for which they must render account to any person for reason of a bailiwick or for a charge held from anyone. And if they swear the truth about this, that there are no impediments, and promise for the love of Jesus Christ to assume all these hardships for all their life, then let them make a solemn vow in the hands of the master and promise obedience, chastity and poverty and to observe the constitutions of the chapter general. And then let them be vested by the said brothers of the order.
 

(6) What Ougbt to Be Done on tbe Tbird Day

On the third day of the chapter general, the master and the prior together with the four aforesaid brothers, two clerics and two laymen, according to the grace with which Jesus Christ will endow them, are to divide the commanderies. This should not be done out of any earthly considerations, nor from anger or ill-will but only for God and the good of the order and the benefit of the captives. And with that done, let them make their appointments and let the mass of the Trinity be sung. With all of those matters fittingly accomplished, each of the commanders and brothers joyfully, and with the grace of the [131] Father, the Son, and the Holy Spirit, is to travel to the land and place that he has been assigned.
 

(7) Concerning the Clothing of the Brothers

The clothing of the brothers is to be of wool and white. Let them display on the cloak and scapular the insignia of the order. The tunic should be round and the breeches without stockings; let underclothes be of linen. The brothers are to wear the shoes of the Templars. They should not wear gloves of leather or carry pointed knives. Let them sleep clothed and girded, each in his own bed if he can do so. Likewise, the master or any commander or conventual brother is not to wear any mantle or overcoat or habit made of Narbonnese cloth or of anything better or worse than rough wool [floc]. Let the same clothing serve for commanders as that which novices and brothers first receive. And those who violate this constitution are to spend ten days on the ground without any reprieve and eat bread and water.
 

(8) Where the Brothen Ougbt to Eat

Let no brother of ours eat meat in any place, except on Sundays, Tuesdays, and Thursdays, unless he is a guest or be ill or be bled. On Mondays, Wednesdays, and Saturdays, they can eat eggs and cheese or fish. They cannot eat or drink when they are barefoot or not wearing their habit. Let no brother eat outside the houses or shelters of the order unless religious and honest persons are guests, and unless they travel with the permission of their superior. But let them who are guests guard themselves against strong wine or too much drink, or from talking too much, especially with women. On all Fridays of the year, let our brothers, except for the sick, the old, and the feverish, always fast, but him who holds office can dispense according to his own judgment the aforesaid brothers. Let the commander or him who holds office fulfill his duty concerning the goods of the order without complaint on behalf of all the said brothers in such manner that they may have God's pleasure and the master may be worthy of praise.
 

(9) How Guest-Brotbers Ougbt to Be Received

Guest-brothers, provided that what they have with them is not enough, are to be well cared for and charitably received and treated for one or two days, or for more if sickness or other need should [132] require it, so long as they have letters from the master or their commander. And if a brother does not have letters from the master or his commander, he is to be seized as a fugitive by the commander or by the brothers of that place and held there until his status is ensured through letters from the master.
 

(10) Concerning the Master and His Companion

The master of the order must never travel without a companion who is to be a brother and, if possible, a priest who can hear the confessions of the brothers when they arrive for a visitation. Likewise, no brother of ours is to travel alone without a particular brother in order to avoid the infamy of laymen.
 

(11) How Brothers Are to Be Ordained

No brother of ours is to take the order of subdeacon, of deacon, or of priest without permission from the prior.
 

(12) Concerning Godfathers

We strictly order and command that no brother of ours ever become a godfather or a godmother.
 

(13) Concerning Bailiwicks and Collectors

Let each collect alms in his own bailiwick that has been assigned to him; no other brother or collector should enter it except him who possesses it. If by chance any brother enter this bailiwick, he cannot stay in this bailiwick, or outside of his own, for more than two days without permission from the master, or if the needs of the entire order should require it. Let the collectors whom the brothers appoint to collect alms be the kind who know how to be on their guard lest the order be defamed through their actions. And when they are appointed and confirmed, they must swear on the four gospels that they will guard the order with all their power from damage and infamy and that they will faithfully administer all that is given to the order. And let them faithfully report all that they are given to the commander or to his lieutenant. The collectors are to wear white clothing.

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(14) Concerning the Property and Income That Come to Us

We command and enjoin by a firm and lasting constitution that no brother of ours be able to sell or alienate or encumber in any way any possession of the order. And if he should do so, let there be no confirmation without special permission from the chapter general. And the one who acts contrary to this constitution is to be put in confinement for a year, and never be able to become a commander. Likewise, by virtue of this constitution, be it ordered that no brother of ours without special permission of the chapter general be able to sell or encumber or alienate or assign alms from any bishopric, archdeaconrv or deaconrv. And if he should so do, then let there be no confirmation.

(15) Cocerning the Confession of the Brothers and
the Office of the Dead

No brother of ours is to confess to a secular cleric or to a brother from another order unless there is a serious need. After the confession or absolution of his sins, let him receive fervently the body of Jesus Christ. And if there are signs that he is going to die from that illness, the sick one should ask that extreme unction be given to him, and let it be administered. And if he die of the sickness, he is to be dressed in his habit and breeches and stockings and belt, of the sort that the brothers use while sleeping. And he should be carried for burial to our cemetery if it is within a two-day journey; and if not, let him be buried at the parochial church where he died.

(16) How Sisters Are to Be Received

No woman henceforth is to be received as our sister unless she has enough of her own goods so that she can live comfortably in her own house, [and] in such manner that her residual property remain with the order without impediment. When she enters the order, she must make a will and draw it up in such a way that no damage or harassment befall the order on account of her friends or parents.

(17) Concerning Brothers Who Go Abroad

Our brothers who go abroad must not in any way let their heads or feet be washed by any woman. Let them not eat or drink or recline or [134] sleep in a house with any woman, except with their servants, since this could bring scandal to the order.

(18) Let No One Drink After Compline

No brother is to drink after compline. And if he does so, let compline be repeated except in the case of sickness or other serious need.

(19) Concerning the Acceptance of Deposits

The commanders of our houses do not receive deposits from any person except in this way, that the order not be obliged to receive the deposit if it be stolen or in any other way lost.

(20) Concerning Those Who Enter the Land of the Saracens

Let no brother of ours dare to enter the land of the Saracens for the redemption of Christian captives without special permission from the master or the chapter general. And those who are chosen by the master or the chapter general and sent there to redeem Christian captives are to be temperate in food and drink, and wise and prudent in the buying of captives.
 

(21) Concerning Redeemed Captives

Captives ransomed by the brothers are immediately to swear an oath and do homage to the master or to the one or ones who have redeemed them, that they will not leave the service of the order until that time assigned by the master or by those who have redeemed them has passed. During that time assigned to them, let them shave off their beards and let the brother who directs them provide appropriately for their needs without any complaints. When the assigned time is completed, let their beards be shaved and their hair cut. They are to be given new clothing according to the season it is and suitable provision, so that they may return to their lands with cheer and happiness.
 

(22) How Confraters Ought to Be Admitted

If anyone, for the good of the order and through his own devotion, be admitted to the spiritual and temporal goods [of the order] and, if [135] a certain time be assigned to him for the taking of the order's habit and he declines to take it within that time, the order should not be obligated by that promise beyond that time, but let the agreement be completely null and void.

(23) Concerning Pledges and Depositions

It is strictly forbidden for our brothers ever to make a pledge or give testimony in any external litigation either on request or by payment, or through fear, hatred or love.
 

(24) Concerning Transgressions of the Commands of the Chapter

If any brother is accused before the chapter of transgressing the commands of the constitutions or of our order, and if he freely admits it or if it is proven to him before all present, let him be punished as one disobedient, and excommunicated in such manner that the punishment makes others fear to do the same thing, and makes those [guilty] not dare to repeat it. If by chance he does not wish to come to the chapter, the same punishment is to be imposed on him in the house where he is so that he be an example to others.

(25) Who Ought Not Be Admitted as Brothers

No brother of the Holy Trinity is to be admitted to our order. And if any [brother] from our order goes to theirs, let him never be readmitted to this, our habit.

(26) Concerning Those Who Harm the Brothers

If any brother injure a brother of ours or tear off his habit, let him spend a year in confinement and then be given and delivered to the mercy of the master.

(27) Concerning a Drunk Brother

Let a brother of ours who is drunk or who, through too much drink, utters foul or threatening words against the order or against a brother, spend eight days in penance on the ground with bread and water.

[136]

(28) That No Brother Gamble

We define and ordain that every brother who plays at dice suffer the punishment of a fornicator; let him who plays at any game in which money is wagered, with counters, suffer the same punishment.

(29) Concerning Fugitive Brothers

Any brother who flees the order and runs away with a woman is never to be admitted to our order. But let circular letters be issued for him. If [a fugitive brother] does not return property let him [also] not be admitted.

(30) Concerning a Brother From Another Order

Brothers from other orders are not to be admitted to ours in any way without the advice and approval of the chapter general.

(31) Concerning Secrets to Be Kept

Let no brother be so foolish as to disclose to any religious or secular person the secrets of our order. And if he has done so and it has been proved, he is to sit on the ground in fasting on bread and water for eight consecutive Fridays.

(32) Concerning Fornicators and Others

A brother who is accused of fornication or adultery, and this is proved, is to spend a month in detention where the said crime was committed. And then for a year, let him eat bread and water on Wednesdays and Fridays, if the master in his great mercy does not dispense him from it.

(33) That No Commander May Want Two Mounts

We define and ordain that no commander or other brother dare to have two mounts for himself, either for riding or as a pack-mule. He who has been proved to have done the contrary must come to the chapter and there eat bread and water seated on the ground as long as the chapter lasts and forfeit the animal without any mercy being [137] shown. Likewise, a brother who is disobedient to his superior or says that he is abandoning the habit is to eat bread and water for ten days.

(34) Concerning Conspirators

A brother who creates a conspiracy or a faction is to be punished with the same penalty as the fornicator. Likewise, we define and ordain that no brother wear or own a mantle. And he who does the contrary is to be punished with the aforesaid penalty and the loss of the mantle. Likewise, let thieves and embezzlers suffer the penalty of fornicators.
 

(35) Concerning tbe Visitation of the Master and the Prior

The master and the prior each, in person if possible or by proxies commissioned by them if they cannot, are to visit all the houses of the order once a year.
 

(36) Concerning the Commander Who Forces a Brother From the Order

If a commander is at fault because a brother of ours leaves the order, let the same punishment be imposed on him as the one who left was supposed to suffer. And if any brother defame another but the charge cannot be proved, he is to be punished at the pleasure of the general or, in his absence, his lieutenant.

(37) Concerning the Lent of All Saints

It is ordained by, the chapter general that our brothers by way of lenten observance, always fast for the forty days from All Saints to Christmas.

(38) Concerning aid for Captives

No commander is to tender any aid to captives without permission from the master or the advice of a bishop. And if it happens by chance that this is done, he must have testimonial letters from that bishop or from his lieutenant that show the amount of aid that was given.

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(39) Let a Commander Not Absolve an Embezzler

No commander is to be able to absolve anyone who is discovered to be an embezzler from any thing for which he ought to be made to do penance.
 

(40) What a Brother Ought to Do With What He Takes to the Chapter

Let no brother who is going to the chapter dare to entrust what he carries to any secular person, but only to a brother safe in one of our houses. And he who does the contrary is to suffer the punishment of a thief and embezzler.

(41) Concerning Those Who Complain

Let no brother be so bold as to complain to a parent or to others, through words or actions, that he has been reprimanded by any brother. And he who does this is to be put in confinement for a half year and eat bread and water for three days.

(42) Let No Secular Cleric Be Ordained for the Order

No commander or brother of ours should dare to present to the bishop or anyone else a secular cleric for ordination, lest he be assigned title to our house or church. And if this constitution be ever violated, we establish that this [act] be invalid so that the order will have no obligation toward him through this act. And let him who violates this constitution be punished gravely by the master of the order.
 

(43) Concerning the Seal

Let no brother of ours carry the seal but in each house let it exist as common property for the use of all the brothers. Likewise, no brother is to send any letters or open them if they are sent to him unless the commander or lieutenant has seen them.

(44) Concerning the Power of the Master

We establish and firmly command that any brother of our order who receives a letter from king or bishop or anyone else, the said brother thus bringing shame on the order, will suffer a year in confinement [139] and will at no time become a commander without it being done with the permission of his superior.

(45) Concerning the Master, That He Be Unable to Sell Property

The master is not to be able to give, sell, exchange or alienate the property of the order, except for the redemption of captives and that with the advice of the prior and of the four definitors of the chapter general who are all assembled together. And if all four definitors are not present, let three be enough for this if the prior is present. Let the master in the same circumstances not be able to remove a commander from his commandery without it being the case that his remaining there would create a serious scandal. But the master is to be held to account to the chapter for all that he has received during the year from the commanderies.

(46) Concerning Beards to Be Shaved

Our brothers, clerics along with laics, are to shave their beards every three weeks.
 

(47) Concerning Anniversaries

The anniversary of fathers and mothers is to be solemnly held four days within February, that is counted as two ides of February [February 12]. That of familiars and benefactors of the order on the nones of September [September 11]; that of our brothers and sisters on six ides of October [October 10]; that of all the faithful departed on the nones of November [November 5]. If any of these anniversaries falls on a Sunday, it should be held on the following day. The anniversary, of the first master of the order is to be celebrated on the day after Ascension. Let priests each sing one mass for each anniversary of the year; let all the other brothers recite for each anniversary fifty Our Fathers.

(48) Concerning the Death of the Brothers

Whenever the death of one of our brothers or sisters is announced, for each brother or sister let each priest say three masses and the other individual clerics each say the psalter and the lay brothers the Our Father fifty times.

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(49) The Hours of the Lay Brothers

Let the lay brothers say on days for which there are three readings ten Our Fathers for the matins of the dead and five for lauds, and fifteen for matins and lauds of St. Mary, and fifteen for matins and lauds for ordinary days. After matins, [let them say] three Our Fathers for commemorating benefactors; at prime of St. Mary and of ordinary days, ten Our Fathers; and at mass, thirty Our Fathers; and at terce, noon, and nones, and for each hour, ten Our Fathers; and for vespers of the dead and of St. Mary and of ordinary days, thirty Our Fathers; and for compline of St. Mary and of ordinary days, ten Our Fathers. Likewise, on the feast of nine readings, it is not proper to speak of the dead, but for matins and vespers of the dead, double the matins and vespers of the day. Likewise, they are to say every day three Our Fathers for the first master of the order; likewise, three Our Fathers for him who is currently master of our order, and three for the apostolic lord, and three for the king of Aragon and his children.

(50) Constitution

Previously, it was the constitution that our brothers who left the order and became fugitives could be received back by any commander, as it was written in the said constitution. This we completely revoke for reason of the great scandals that have resulted. In this matter we ordain and firmly command that no commander or lieutenant be able to return the habit of a confrater or a brother through mercy of any kind. Those fugitives can or ought to come to the chapter general, humbly to ask and plead for mercy while standing at the door until the lord master with the advice of the chapter has been advised to have mercy and to impose a salutary penance. And let the master and chapter take the habit from the said commanders who act contrary to this, and they are to eat bread and water for ten days on the bare ground and that which they did is not to be confirmed.


Note

1. The text upon which this translation is based can be found in a codex which was written in 1445 at the direction of Nadal Gaver, then master of the Mercedarian Order. The language of the original text is Catalan: ACA, Monacales, Códice varia II, 44r-53r.