Life on a Mediaeval Barony: A Picture of a Typical Feudal Community in the Thirteenth CenturyDavis, William Stearns
History
Life on a Mediaeval Barony: A Picture of a Typical Feudal Community in the Thirteenth Century
Davis, William Stearns
Chivalry; Civilization, Medieval; Feudalism
Justice, of course, does not mean equality before the law. There is
one legal measure for country villeins, another for citizens of the
commune, another for petty nobles, another for greater nobles of
Conon's own rank. The monks and priests can always "plead their clergy"
and get their cases transferred to a special Church tribunal.[45] The
question really is: Has a man been given everything due to others of
his own class? If not, there is denial of justice.
The laws enforced in the St. Aliquis region are the old customary
laws in use ever since the Frankish barbarians' invasions. Many of
these laws have never been reduced to writing--at least for local
purposes--but sage men know them. There are no professional jurists
in the barony. Sire Eustace, the seneschal, understands the regional
law better than any other layman around the castle, though he in turn
is surpassed by Father Grégoire. The latter has, indeed, a certain
knowledge of the Canon law of the Church, far more elaborate than
any local territorial system, and he has even turned over voluminous
parchments of the old Roman law codified by the mighty Emperor
Justinian. Up at Paris, round the king there are now trained lawyers,
splitters of fine hairs, who say that this Roman law is far more
desirable than any local "customary law," and they are even endeavoring
(as the king extends his power) to make the Code of Justinian the basis
for the entire law of France. But conditions on most baronies are still
pretty simple, the questions to be settled call merely for common sense
and a real love of fair play on the part of the judges. One can live
prosperously and die piously under rough-and-ready laws administered
with great informality.
[Sidenote: High and Low Justice]
Conon has "high justice" over his vassals and peasants. This means
absolute power of life and death over any non-noble on the seigneury,
unless, indeed, the baron should outrage merchants bound to a
privileged free city, or some other wayfarers under the specific
protection of the king or the Duke of Quelqueparte. If strange
noblemen get into trouble, it will depend on circumstances whether
Conon undertakes to handle their cases himself, or refers them to
his suzerain, the duke. The right of seigneurs to powers of justice
on their own lands even over high nobles is, however, tenaciously
affirmed, and it is only with difficulty the duke and, above him, the
king can get some cases remitted to their tribunals.[46] If, however,
the alleged offender is a monk, he will be handed over to the local
abbot or, if a priest, to the bishop of Pontdebois to be dealt with
according to the law of the Church.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account