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APPENDIX I: CATALAN PEACE AND TRUCE

LAWS PRIOR TO THE Usatges

I: Comital Peace Assembly of Barcelona-1064

In the year of our Lord 1064, a confirmation of the peace or pact of the Lord was made by the bishops, namely, Berenguer of Barcelona, Guillem of Ausona, and Berenguer of Gerona as well as the abbots, the religious clerics of each order at Barcelona in the church of the see of the Holy Cross by the order of the princes, the Lord Ramon and Lady Almodis of Barcelona, with the assent and acclamation of the magnates of their land and other God-fearing Christians.

           1. Indeed by the constitution of the aforesaid bishops and princes, it was enacted that from this day hereafter no person of either sex shall violate or invade either a church or dwellings which are or will be within a circle of thirty paces [one-hundred-and-fifty feet] around the church except the bishop or canons to whom this church is subject on account of its rent or to eject an excommunicated person from it. Yet we do not place under this protection those churches in which fortifications are built. Indeed, we order that those churches in which robbers or thieves put booty or stolen goods or from which they leave or to which they return while committing offenses, shall be unmolested until charges concerning the offense are preferred before the church’s own bishop or before the see of Barcelona. If however, these robbers or thieves do not want to undergo justice according to the order of the bishop or canons of the see of Barcelona or postpone it, then by the authority of the bishop of the aforesaid see and the canons, let this church be considered without immunity. Moreover, let one who otherwise violates a church or attacks whatever is within a circle of thirty paces around it make restitution with the sum of six-hundred solidi for the sacrilege and let him be subject to excommunication until he shall suitably make compensation.

           2. Likewise it was resolved that no person shall assault clerks who are not bearing arms, monks, nuns, and other women or those traveling with bishops if they are not bearing arms. Indeed, let no person violate a community of canons or monks or steal anything from there.

           [114] 3. Likewise the aforesaid bishops and princes confirmed that no person in this bishopric of Barcelona shall make plunder of horses or their foals, male or female mules, cattle, male or female asses, sheep, or goats. Indeed, let no man burn or destroy the dwellings of peasants or clergy who are not bearing arms except for those properties in which knights live. Let no person dare seize or distrain a male or female villager or extort money from them. Let no one burn or cut standing crops, cut down an olive tree, or remove their fruits. Indeed let no one pour out another’s wine.

           4. Moreover, whoever violates this peace which we have proclaimed and does not make compensation with the sum of the fine within fifteen days to the person against whom he violated it, let him make double compensation if the fifteen days have passed.

           5. Moreover, the aforesaid bishops strongly confirmed the pact of the Lord, which the people call treuga (truce); namely, from the first day of the Advent of the Lord to the octave of the Epiphany of the Lord and from the Monday preceding Ash Wednesday to the first Monday after the octave of Pentecost Sunday and in the three vigils as well as the feasts of Holy Mary, indeed the vigils and feasts of the Twelve Apostles and also the vigils and feasts of the martyrs Saint Eulalia and Saint Cugat of Barcelona and also the vigils of the two feasts of Christmas and the Holy Cross. We also placed these feasts with their vigils; namely, those of Saint John the Baptist, Saint Lawrence, Saint Michael the Archangel, Saint Martin and All Saints Day under this observance of religion. And they similarly placed under such an observance the vigils of the same [All Saints Day] and fast days of the four seasons.

           6. The aforesaid bishops not only confirmed that the aforesaid feast days are in the truce of the Lord but also they ordered all the following [days] to be observed until the rising of the sun of the next day.

           7. If, however, anyone commits a crime against another during the aforesaid truce, let him make double compensation and then let him amend the truce of the Lord by the judgement of cold water in the see of the Holy Cross.

           [115] 8. Moreover, if anyone deliberately kills a man during this truce, it was resolved by the consent of all Christians that after making the compensation for homicide he shall be condemned to exile for all the days of his life or confined in a monastery after having assumed the monastic habit.

           9. The aforesaid bishops and princes ruled that the aforesaid pact of the Lord shall be rigorously kept and observed by all accompanying them in the upcoming expedition or by those remaining here in this land during the entire period of this expedition until thirty days after their return. Thus it was established that none of these persons, whether those going or remaining shall dare to wrong any other faithful person or in any of his possessions. But if he does so, let him pay double compensation for the wrongdoing and be deprived forever of Christian communion until suitable compensation shall be made by him.

           10. Moreover, the aforesaid bishops and princes thus ejected from the communion of the Church and Christianity those perverse men who capture Christians to sell them to pagans [Muslims] or act for the damage of Christianity so if anyone should come upon them, he need not consider them under the [protection of] the truce of the Lord.

II: Peace Laws of Two Urgelese Villages (April 1, 1076)

Agreement of Villages of Bar and Toloriu

Under the sacred name of the holy and indivisible Trinity, we all the people living in the village of Bar and in the village of Toloriu wish to bring to the knowledge of all people, both present and future, that a great discord has broken out between the Count of Urgel and the Count of Cerdanya. Therefore, fearful and anxious concerning their war so that we, as nearby inhabitants, may not be thrown into disorder and deprived of nearly everything we have, we are providing as best we can in such a way that all of us and our successors shall always be safe and [116] free from all fears and undisturbed by the Urgelese host. And coming down to the Church Holy Mary the Mother of God, we have come before the lord Count of Urgel, namely Ermengol, and before the Lord Bishop Bernat who had come there with many of their best men. We asked them to grant to us and to all our posterity a peace and truce so that from then on they would commit no wrong against us. And because of this peace and truce we will build this bridge of Bar and we will level all the road from the post of Aristot to the river which is called Riutort. Moreover, when they heard our petition and considered our promise, it was so carried out by the will of God that they freely and truly conceded to us and God in accordance with what we have asked and we, the aforementioned men of the aforementioned villages[3 names]...along with all other men great or small living in the village of Bar and we[2 names]...along with all other men great or small living in the village of Toloriu, grant and agree to the lord God and his holy mother of the see of Vich and to Count Ermengol, Bishop Bernat and all the college of canons that we and all our progeny from this hour hereafter shall make the above-written bridge of Bar over the River Segre and level the above-written road between each of the aforewritten limits so that all passing through by a straight route who should wish to travel by the road and cross the bridge may do so without any offense as long as humankind inhabits the world.

III: Peace and Truce Included in the Grant of Privileges to

the Inhabitants of the Castle of Olerdola Made by Count

Ramon Berenguer III [November 26, 1108]

We also decree and command that a peace and truce be maintained by all people---by the inhabitants of this very castle and by those coming to its defense – and we place all their property under the [protection] of the truce of the Lord and the peace for all their days when they are within these boundaries [six boundary points surrounding castle]...so that after they are within these boundaries, it shall not be permissible for any person to capture them, do any [117] wrong to them, or violate this truce and peace. And if anyone violates it and does not make compensation within thirty days, let him be distrained by my castellans until he makes double compensation.

IV: Charter of the Peace Established in the County of

Cerdanya and Conflent – 1118

Let it be clear to all seeing or hearing this document that I Ramon by the grace of God Count of Barcelona and Marquess of Provence and the Lord Pere Bishop of Elna, with the counsel and command of the magnates and knights of the whole county of Cerdanya and Conflent, issue a peace in the aforesaid county concerning oxen and other plowing animals and all persons touching them or plowing so that no man or woman of whatever rank, should dare to steal or take them in any way or for any reason whatsoever. But let he who does this, restore the oxen to the person from whom he stole them and likewise make compensation of sixty solidi of the count’s money to the aforementioned Count. Meanwhile, let him remain under episcopal interdict until he has fully made this restitution. Therefore the aforesaid Count, with the counsel of all the aforementioned, issues his money which he has confirmed with his own hand in the aforesaid county as he has also done in his other counties for so that all the time so long as he is alive, he shall not alter or diminish the metal ratio or weight of the aforesaid coinage with the stipulation that all men and women of the aforesaid County give twelve dinars per yoke of oxen, six dinars for each man, and three dinars for ploughing equipment. Indeed the aforesaid Count promises to God and to all persons of the aforesaid county that after the aforesaid dinars are given to the...aforesaid Count, he would never again claim the...aforesaid dinars from the aforesaid men but let the aforesaid always remain undiminished and secure and it shall not be violated by any living man or woman or through a war which the Count or the aforesaid prince or knights have among themselves. Indeed from the aforesaid fine of sixty solidi, let the aforementioned bishop have a third.

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V: These Are the Securities of Churches and Clerics, Monks

and Feast Days, Merchants and Plowmen Established by the

Bishops and the Count[1131]

In the one-hundred-and-thirtieth year of the Incarnation after the millennium on March 10, there gathered the venerable man O(leguer) Archbishop of Tarragona and the bishops R(amon Gaufred) of Ausona and B(erenguer Dalmau) of Gerona, abbots of the land and very many magnates in the palace of Barcelona in the presence of lord Ramon Count of Barcelona and Marquess [of Provence] and his son Ramon in order to discuss the common utility of his land.

           1.-2. [Shortened version of #1 and #2 from assembly of 1064].

           3. Likewise, the aforesaid bishops and princes confirmed that no person in this bishopric should rob horses or their foals and ordained that all traders who travel through the land to go to market or to court and all who go to a mill to have their flour ground, along with all their possessions, beasts, and property are under the security of the peace. They also included within the same peace oxen and other plowing animals with all their plowing equipment and the man who plows with them or leads them to pastures or guards them, and the one who plants them.

           4. Let no man dare burn a house or possession of another unless just as it was specified by reason of justice and with the counsel of the bishop. But if one presumes to do otherwise, let him be subject to the decree which was promulgated by the Roman Pontiff concerning this. And until he does so, let him be excommunicate and avoided by all the Faithful.

           5. [#4 of 1064 assembly on peace-infraction penalties].