The Law of War between Belligerents: A History and Commentary

Abstract

of the war practice of the Middle Ages is derived from the scholarly researches of Prof. Nys. 37 Du Cange, p. 430 ; Beaumanoir, p. 354. 38 Du Cange, p. 433 ; Beaumanoir, p. 362. 39 D u Cange, p. 441 ; Beaumanoir, p. 3G3. 40 Du Cange, p. 426 ; Beaumanoir. p. 355. 41 Nys, Les Origines du Droit International, p. 84. 42 Du Cange, p. 446. 43 Du Cange, p. 446, et seq.; Beaumanoir, pp. 360, 364, et seq. iJ 16 BEFORE GROTIDS. had been present at the opening of the struggle. 44 A century or so before this, however, in 1128, at the Cortes of Najera, Alphonse VII of Castile had gone even further by forbidding all recourse whatever to private wars without a previous defiance, and by requiring a delay of nine days after the defiance before commencing hostilities. 45 In 1187 Frederick Barbarossa made a similar proclamation for the Empire, a respite of three days being required instead of nine. 46 Checks by the Church. -But at this period the most important checks were those of the Church, especially the famous Truce of God. Originating in the County of Roussilon, in Southern France, 47 it was rapidly taken up elsewhere and in 1095 was solemnly proclaimed by the Council of Clermont.As finally sanctioned by the third Council of the Lateran in 1179, it forbade hostilities from sunset on Wednesday to sunrise on Monday, and on every day from Advent to the octave of Epiphany and from Septuagesima to the octave of Easter, and some of the decrees went even further than this. On days when hostilities were authorized, priests, monks, lay brothers, pilgrims, merchants, laborers and beasts of burden were not to suffer violence.Those who broke the truce were to be excommunicated. 4S This proving insufficient, the interdict was resorted to, special judges were instituted and the Brotherhood of God was formed, one of whose objects was the enforcement of the foregoing rules. 49 Undoubtedly, they were often broken, but they exercised a great influence for good until the occasion for them passed away with the rise of strong temporal powers. Overthrow of private warfare by the rising power of the state. -The country least troubled by private wars was England. During the War of the Roses, however, she too suffered from them, only to be delivered by the strong hand of Henry VII. In France, as early as 1296, Philip the