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
Even the lesser sires have "low justice," with the privilege of
clapping villeins in the stocks, flogging, and imprisoning for a
considerable time for minor offenses; and robbers caught on their lands
in the act of crime can be executed summarily. But serious cases have
to go to the court of the baron as high justiciar, as well as all the
petty cases which have arisen on that lord's personal dominions. If the
litigants are peasants, the wheels of justice move very rapidly. There
is a decided absence of formalities.
A great many disputes go before the provost's court, presided
over by Sire Macaire, a knight of the least exalted class, who is
Conon's "first provost." We shall see later how the baron's provosts
practically control the life of the peasants.[47] One of Sire Macaire's
main duties is to chase down offenders, acting as a kind of sheriff,
and after that to try them. Among the brawling, brutal peasantry there
is always a deplorable amount of crime. The seigneury has been blessed
with a comparative absence of bandits, but ever and anon a Pontdebois
merchant gets stripped, a girl is carried off into the woods, or even
the body of a traveler is found by the roadside. All this renders Sire
Macaire's office no sinecure.
Small penalties are handed down every day, but more serious matters
must wait for those intervals when Messire Conon calls his noble
vassals to his "plaids" or "assizes." Every fief holder is expected to
come and to give his lord good counsel as to what ought to be done,
especially if any of the litigants are noble, and also to give him
material aid, if needs be, in executing the decision reached.[48] This
last is very important, for if a fief holder is dissatisfied with a
verdict, he has a technical right to declare the decision "unjust" and
demand that it be settled by "ordeal of battle"--the duel not being
between the defeated suitor and his adversary, but between this suitor
and his judge!
All men know of what happened (according to the "Song of Roland") in
the case of the traitor Ganelon. This scoundrel, who had betrayed
his suzerain Charlemagne and had caused the brave Roland's death,
was seized by the emperor, but he demanded "judgment by his peers."
Charlemagne could not deny this claim. He convoked the high barons,
whereupon Lord Pinabel, Ganelon's kinsman, announced that "he would
give the lie with the sword" to any seigneur who voted for punishment.
All the barons were afraid. Pinabel was a mighty warrior. They reported
an acquittal to Charlemagne. The mighty emperor raged, but felt
helpless until he discovered the brave knight Thierry of Anjou, who
boldly asserted that "Ganelon deserves death."
[Sidenote: Ordeal by Battle]
Public-domain text, read in full here on John Shaqi.
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