1. From this hour forth, no man in the bishoprics over which these bishops rule, and in these counties, shall break into a church, ... except that the bishop may enter a church to recover the taxes that are due him from it.[{109}]
  2. No man in the counties or bishoprics shall seize a horse, colt, ox, cow, ass, or the burdens which it carries, or a sheep, goat, or pig, or kill any of them, unless he requires it for a lawful expedition.[{110}] On an expedition a man may take what he needs to eat, but shall carry nothing home with him; and no one shall take material for fortifying or besieging a castle except from his own lands or subjects.
  3. Clergymen shall not bear arms; no one shall injure monks or any unarmed persons who accompany them; except that the bishop or the archdeacon may use such means as are necessary to compel them to pay the taxes which they owe them.
  4. No one shall seize a peasant, man or woman, for the purpose of making him purchase his freedom, unless the peasant has forfeited his freedom. This is not meant to restrict the rights of a lord over the peasants living on his own lands or on lands which he claims.
  5. From this hour forth no one shall seize ecclesiastical lands, whether those of a bishop, chapter, or monastery, and no one shall levy any unjust tax or toll from them; unless he holds them as precaria from the bishop or the brothers.
  6. No one shall seize or rob merchants.
  7. No layman shall exercise any authority in the matter of burials or ecclesiastical offerings; no priest shall take money for baptism, for it is the gift of the Holy Spirit.
  8. If anyone breaks the peace and refuses to keep it, he shall be excommunicated and anathematized and cut off from the holy mother church, until he makes satisfaction; if he refuses to make satisfaction, no priest shall say mass or perform divine services for him, no priest shall bury him or permit him to be buried in consecrated ground; no priest shall knowingly give him communion; if any priest knowingly violates this decree he shall be deposed.

{109} The meaning of this exception is not clear in the original. Apparently it is put in to preserve the right of the bishop over the churches and the clergy of his diocese, and to prevent any of the lower clergy from citing the decree in restraint of episcopal control; so also the exception in paragraph 3.

{110} This exception is intended to preserve the rights of the emperor and others on lawful expeditions to take what they need for the journey.

242. Truce of God, made for the Archbishopric of Arles, 1035–41.

M. G. LL. 4to, IV, 1, no. 419.

This is the earliest truce of God extant (except for the doubtful case of the council of Elne, 1027), and it is preserved only in the form of a communication recommending it to the clergy of Italy.

In the name of God, the omnipotent Father, Son, and Holy Spirit. Reginbald, archbishop of Arles, with Benedict, bishop of Avignon, Nithard, bishop of Nice, the venerable abbot Odilo [of Cluny], and all the bishops, abbots, and other clergy of Gaul, to all the archbishops, bishops, and clergy of Italy, grace and peace from God, the omnipotent Father, who is, was, and shall be.

1. For the salvation of your souls, we beseech all you who fear God and believe in him and have been redeemed by his blood, to follow the footsteps of God, and to keep peace one with another, that you may obtain eternal peace and quiet with Him.

2. This is the peace or truce of God which we have received from heaven through the inspiration of God, and we beseech you to accept it and observe it even as we have done; namely, that all Christians, friends and enemies, neighbors and strangers, should keep true and lasting peace one with another from vespers on Wednesday to sunrise on Monday, so that during these four days and five nights, all persons may have peace, and, trusting in this peace, may go about their business without fear of their enemies.

3. All who keep the peace and truce of God shall be absolved of their sins by God, the omnipotent Father, and His Son Jesus Christ, and the Holy Spirit, and by St. Mary with the choir of virgins, and St. Michael with the choir of angels, and St. Peter with all the saints and all the faithful, now and forever.