The decree given below, which combines features of both the Peace and the Truce, was issued by the Council of Toulouges (near Perpignan) in 1041, or, as some scholars think, in 1065. Its substance was many times reënacted, notably by the Council of Clermont, in 1095, upon the occasion of the proclamation of the first Crusade. It should have procured about 240 days of peace in every year and reduced war to about 120 days, but, like the others, it was only indifferently observed.
Source—Text in Martin Bouquet, Recueil des Historiens des Gaules et de la France ["Collection of the Historians of Gaul and of France">[, Paris, 1876, Vol. XI., pp. 510-511.
1. This Peace has been confirmed by the bishops, by the abbots, by the counts and viscounts and the other God-fearing nobles in this bishopric, to the effect that in the future, beginning with this day, no man may commit an act of violence in a church, Acts of violence forbidden in or near churches or in the space which surrounds it and which is covered by its privileges, or in the burying-ground, or in the dwelling-houses which are, or may be, within thirty paces of it.
2. We do not include in this measure the churches which have been, or which shall be, fortified as châteaux, or those in which plunderers and thieves are accustomed to store their ill-gotten booty, or which give them a place of refuge. Nevertheless we desire that such churches be under this protection until complaint of them shall be made to the bishop, or to the chapter. If the bishop or chapter[335] act upon such information and lay hold of the malefactors, and if the latter refuse to give themselves up to the justice of the bishop or chapter, the malefactors and all their possessions shall not be immune, even within the church. A man who breaks into a church, or into the space within thirty paces around it, must pay a fine for sacrilege, and double this amount to the person wronged.
3. Furthermore, it is forbidden that any one attack the clergy, who do not bear arms, or the monks and religious persons, or do Attacks upon the clergy prohibited them any wrong; likewise it is forbidden to despoil or pillage the communities of canons, monks, and religious persons, the ecclesiastical lands which are under the protection of the Church, or the clergy, who do not bear arms; and if any one shall do such a thing, let him pay a double composition.[336]
5. Let no one burn or destroy the dwellings of the peasants and the clergy, the dove-cotes and the granaries. Let no man dare to kill, to beat, or to wound a peasant or serf, or the wife of either, or to seize them and carry them off, except for misdemeanors which they may have committed; but it is not forbidden Protection extended to the peasantry to lay hold of them in order to bring them to justice, and it is allowable to do this even before they shall have been summoned to appear. Let not the raiment of the peasants be stolen; let not their ploughs, or their hoes, or their olive-fields be burned.
6. ... Let any one who has broken the peace, and has not paid his fines within a fortnight, make amends to him whom he has injured by paying a double amount, which shall go to the bishop and to the count who shall have had charge of the case.
7. The bishops of whom we have spoken have solemnly confirmed the Truce of God, which has been enjoined upon all The Truce of God confirmed Christians, from the setting of the sun of the fourth day of the week, that is to say, Wednesday, until the rising of the sun on Monday, the second day.... If any one during the Truce shall violate it, let him pay a double composition and subsequently undergo the ordeal of cold water.[337] When any one during the Truce shall kill Penalties for violations of the Truce a man, it has been ordained, with the approval of all Christians, that if the crime was committed intentionally the murderer shall be condemned to perpetual exile, but if it occurred by accident the slayer shall be banished for a period of time to be fixed by the bishops and the canons. If any one during the Truce shall attempt to seize a man or to carry him off from his château, and does not succeed in his purpose, let him pay a fine to the bishop and to the chapter, just as if he had succeeded. It is likewise forbidden during the Truce, in Advent and Lent, to build any château or fortification, unless it was begun a fortnight before the time of the Truce. It has been ordained also that at all times disputes and suits on the subject of the Peace and Truce of God shall be settled before the bishop and his chapter, and likewise for the peace of the churches which have before been enumerated. When the bishop and the chapter shall have pronounced sentences to recall men to the observance of the Peace and the Truce of God, the sureties and hostages who show themselves hostile to the bishop and the chapter shall be excommunicated by the chapter and the bishop, with their protectors and partisans, as guilty of violating the Peace and the Truce of the Lord; they and their possessions shall be excluded from the Peace and the Truce of the Lord.