344 GERMANY. cries, when a tumult arose from which his defenders were glad to escape with their lives. On the following Monday the solemn purgation of Count Sayn took place in the field of judgment be- yond the walls. Eight bishops, twelve Cistercian and three Bene- dictine abbots, twelve Franciscan and three Dominican friars, who, with many other clerks and numerous nobles, took part in his oath of denial, show how emphatically the German hierarchy de- sired to disclaim all sympathy with Conrad's acts. Count Solms, whom Conrad had forced to confession, went through the same ceremony, declaring with tears in his eyes that the fear of death alone had compelled him to admit himself guilty. The diet then proceeded to legislate for the future, and its slender enunciation on the subject of heresy can have carried little comfort to the wrathful Gregory. It simply commanded that all who exercised judicial functions should use every effort to purge the land of her- esy, but at the same time it cautioned them to prefer justice to unjust persecution.* Two months later, April 2, 1234, a council was held at Mainz for final action. Count Sayn and others who had been accused were subjected to a form of examination, were declared innocent, and were restored to reputation and to their possessions. Conrad's unlucky witnesses who had been forced to commit perjury were ordered to undergo a penance of seven years ; those who had ac- cused the innocent were mahciously sent to the pope for the impo- sition of penance, and he was, in the same spirit, asked what should be done about those whom Conrad had unjustly burned. As for the murderers, they were simply excommunicated. f All this was a direct challenge to the Holy See, but Gregory prudently delayed action. He was involved in troubles with the Eomans which rendered inadvisable any trial of strength with the united Teutonic Church. He sent his penitentiary, Bernard, who made an investigation on the spot, and, in conjunction with Arch- bishop Sigfried, furnished him with a report to which we are in- debted for most of our knowledge of the affair. On receiving this,
- Epistt Select. Sa^cul. XIII. T. I. No. 503, 572.-Chron. Erfordiens. (Schan-
nat Vmdem. Literar. L 94).-Alberic.Trium Font. ann. 1234.-Gest. Treviror. c. 175. t Alberic. Trium Font. ann. 1233.
