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Text in [square brackets] was added especially for this online publication by Ellopos
IV - FEUDALISM
Page 12
In France the Church took the lead of the repressive movement, endeavouring to mitigate the horrors of private war by certain restrictions upon the combatants. During the eleventh century it was not unusual for the bishop of a diocese to secure the co-operation of representative men, from all classes of society, in proclaiming a local Truce of God (Treuga Dei). This Truce, which all men were invited to swear that they would observe, forbade the molestation of ecclesiastics, peasants and other non-combatants; provided that cultivated land should not be harried or cattle carried off; and named certain seasons when no war should be waged. A typical agreement of this kind enjoins that all private hostilities shall be suspended from Wednesday evening to Monday morning in each week; from the beginning of Advent till a week after the Epiphany; from the beginning of Lent till a week after Easter; from the Rogation Days till a week after Pentecost. The Truce of God was approved by the Crown both in France and in Germany; even in the twelfth century it was still recommended by church councils as a useful expedient. But it was seldom effectual. There was no machinery for enforcing it; and those who swore to uphold it were so divided by conflicting class interests that they could not co-operate with any cordiality. The second of these defects, though not the first, can also be perceived in the German system of the Land-peace. Periodically we find an Emperor constraining a particular province, or even the whole German kingdom, to accept a set of rules which are partly modelled on those of the Treuga Dei and partly in the nature of criminal legislation.
Thus in 1103 the magnates of the kingdom were required to swear that for the next four years they would not molest ecclesiastics, merchants, women, or Jews; that during the same period they would neither burn nor break into private houses; that they would not kill or wound or hold to ransom any man. In regard to the last rule the magnates insisted on some modification; it was finally provided that a man meeting a private enemy on the high-road might attack him, but might not pursue him if he took refuge in a private house. The general Land-peaces of Frederic Barbarossa (1152) and Frederic II (1235) are the most important enactments of this kind; but they deviate widely from the original type. They are permanent; they aim at the total suppression of lawless self-help; they are codes of criminal law which, if thoroughly enforced, would have opened a new era in German history. As the case stands - they are only the evidence of an unrealised project of reform.
The Western Medieval Europe: Table of Contents
url: www.ellopos.net/politics/medieval-europe/
Cf. Eastern Roman Empire (Byzantium) * Ancient Rome * Ancient Greece * The Making of Europe
