3247

October 9. Acre. In the house of [the canons of the] Holy Sepulchre. At the will of their brothers and of Pope Alexander IV, Frater Thomas Berardi, domus milicie Templi magister, frater Hugo de Revel, domus hospitalis sancti Iohannis Ierosolimitani et pauperum Christi custos, and frater Anno de Sangerhusen, domus hospitalis sancte Marie Theutonicorum magister, come to a sealed agreement in relation to disputes that arise between them in the kingdoms of Jerusalem, Cyprus and Armenia, the principality of Antioch and the county of Tripoli, although not included are cases involving castles, castellanies, towns (ville) and casalia. PROCEDURE FOR RESOLUTION. If any case arises in his district, the grand commander (magnus preceptor) of an Order in the Kingdom of Jerusalem, Cyprus or Armenia, or of the land of Antioch and Tripoli, the castellanus of Cratum or Margatum, or the commander (preceptor) of Tripoli should speak to his neighbouring preceptor. If there is no resolution within a month, 1 or 2 brothers from the region should be chosen by each of the preceptores involved, who will then ask the preceptor of the third Order to appoint a brother, if it is not involved in the dispute. The 5 brothers will swear to treat the matter in good faith. These arbitrators should take a month investigating the case, and within 8 days deliver their arbitration, whether, unanimous or decided by a majority. If the preceptores cannot agree on the choice of arbitrators, they should within a month approach their masters or lieutenants to each appoint a brother to assist in the process. Some clauses deal with cases in which those chosen are unwilling or ill or involved in missions, or engage in violence. The need to defend the faith governs the approach to expenses. If a brother of the Hospital of St Mary of the Germans needs assistance with expenses, help will be provided in the Kingdom of Jerusalem, but not in the principality of Antioch, the county of Tripoli, or the Kingdom of Armenia. IMMOVEABLES AND MOVABLES. If a preceptor of these Orders should wish to buy an immovable property on this side of the sea or in Cyprus worth less than 1,000 Saracen besants, he should notify the local superiors of the other Orders, who should not try to hinder or change that deed. But if any commander wishes to buy on this side of the Sea or in Cyprus any immovable worth more than 1,000 Saracen besants and has notified the others as above, such a purchase can be shared, if the Order is willing. Exceptions are fiefs (feudales), censive lands (censivi) and lordships, in which cases the other Orders cannot have or require anything. If indeed any such immovables purchased should border on the property of another Order, in which brothers reside, it should be surrendered for the same price to the Order with a community nearer to the purchase. If a commander of one of these Orders wishes to buy any movables in the city of Acre, to meet the needs of his house, the commanders of the other Orders should not, after they have been notified, interfere or hinder that purchase, but once it has been completed the commander who bought it should ask the commanders of the other Orders if they would like a share in it, up to a third, and the commander is held to surrender that part of the purchase for the amount it cost him, except in the cases of mules, horses, camels and donkeys, and all live animals, which any commander can buy as he wishes. Any alms-gift or donation be made to any of the three Orders out of censive properties, borgesies (borgesiae) or lordships (signoria) belonging to the other Orders or of any goods dependent on the same, should be sold within a year to a lay man who is subject to the lordship of the Order to whose possession this property relates, so that the Order to which service is owed cannot be cheated of the service due to it. If any of our Orders has been entrusted with the goods of anyone, whether he be a confrater or another, and another Order or the [preceptor] of another Order seizes or has seized the aforesaid goods, the preceptor of the Order to which the goods have been entrusted should seek amends or satisfaction from the preceptor of the other Order, who should surrender them and make amends to the preceptor who raised the issue, according to procedures already laid down. If it should happen that any men, who are subject to any of the three Orders should quarrel among themselves over movable possessions or for any other reason, the preceptores are held to quieten and pacify the disputes and quarrels, according to procedures already laid down, with the exception of disputes about liegemen (homines legii) and feudatories (feudati), which should be terminated according to the assises and customs of the places where they live. If the men subject to one Order come to settle on the land of another, the bailivus from whose bailiva the men came should let the bailivus of the other Order know within eight days of this coming to his notice. If these men are proved to be subject to the second Order, through testimony secured by the vow of obedience of a brother or by the oath of a scriba, let the law take its course according to the usage of the Kingdom of Jerusalem, and in the land of Antioch and in Armenia and Cyprus following the approved custom of those lands. In the land of Tripoli, if after examination of the men their desertion has been proved, the men who moved to the lands of another Order should be arrested. And if any of them owe debts to the Order to which they were originally subject, the bailivi of both Orders should meet within eight days and if the debts are proved by testimony secured by the religious promise of a brother or by the oath of a scriba or a servant, the Order in possession of the land to which the men went should pay the debts within the following month if it wishes these men to remain on its land and its bailivus wants to keep them. But if he refuses to retain them, they ought to be arrested until the debt owed to the Order in possession of the land they left is paid. If the men refuse to pay, they, their families and possessions should be handed over to the bailiff of the Order in possession of the land they left. OTHER MATTERS. And we are led to state for the good of Christianity that the brothers of one house or their men cannot and should not assume arms and bear them against the other Orders. Brothers who absent themselves, are held to defend their confratres. The question of the claims of the Hospital of St John of Jerusalem to the obedience of the Hospital of St Mary of the Germans is not covered in this agreement. In future no brother should aim to buy, gage or exchange or acquire any property in the lordship of one of the other Orders. PRESERVATION OF THE AGREEMENT. Above all, it is ordained that if any new master should be elected in any of the Orders, the newly created master should be held to abide by this agreement, and he is held to have this agreement recited in his chapter-general in the presence of twelve brothers of the other two Orders; and he should swear to observe this agreement and to see that it is observed. And the three masters and their successors ought to have this agreement read and recited each year in our chapters-general and ought to order and command the brothers that it should be observed by all. Whenever preceptores and castellani are made on this side of the Sea and in Cyprus they should make a similar oath and they should make other preceptores, castellani and bailivi subject to them swear to observe this agreement and treaty inviolably and faithfully. The penalty for non-observance will be 1,000 marchae argenti. Witnesses: Jacobus Dei gratia patriarcha Ierosolymitanus, apostolice sedis legatus; lord John of Ibelin (dominus Iohannes de Ybellino) dominus Azoti, constabulus et baiulus regni Ierosolymitani; dominus Gaufridus de Sarginis senescalcus eiusdem regni; dominus Iohannes de Valentinis dominus Cayfe; dominus Stephanus de Savignino; magister Guillelmus, deacon of Acre (decanus Acconensis) and archdeacon of Tyre (et archidiaconus Tyrensis); and many others.