Manners, Customs, and Dress During the Middle Ages and During the Renaissance PeriodJacob, P. L.
History
Manners, Customs, and Dress During the Middle Ages and During the Renaissance Period
Jacob, P. L.
Clothing and dress; Manners and customs; Middle Ages; Renaissance
In the twelfth century Europe was divided, so to speak, into two vast
judicial zones: the one, Southern, Gallo-Roman, and Visigoth; the other,
Northern and Western, half Germanic and half Scandinavian, Anglian, or
Saxon. Christianity established common ties between these different
legislations, and imperceptibly softened their native coarseness, although
they retained the elements of their pagan and barbaric origin. Sentences
were not as yet given in writing: they were entrusted to the memory of the
judges who had issued them; and when a question or dispute arose between
the interested parties as to the terms of the decision which had been
pronounced, an inquiry was held, and the court issued a second decision,
called a _recordatum_.
As long as the King's court was a movable one, the King carried about with
him the original text of the law in rolls (_rotuli_). It was in
consequence of the seizure of a number of these by the English, during the
reign of Philip Augustus in 1194, that the idea was suggested of
preserving the text of all the laws as state archives, and of opening
authentic registers of decisions in civil and criminal cases. As early as
the time of Charles the Bald, the inconvenience was felt of the high court
of the count being movable from place to place, and having no special
locality where instructions might be given as to modes of procedure, for
the hearing of witnesses, and for keeping the accused in custody, &c. A
former statute provided for this probable difficulty, but there seems to
be no proof that previous to the twelfth century any fixed courts of
justice had been established. The Kings, and likewise the counts, held
courts in the open air at the entrance to the palace (Fig. 302), or in
some other public place--under a large tree, for instance, as St. Louis
did in the wood of Vincennes.
M. Desmaze, in his valuable researches on the history of the Parliament of
Paris, says--"In 1191, Philip Augustus, before starting for Palestine,
established bailiwicks, which held their assizes once a month; during
their sitting they heard all those who had complaints to make, and gave
summary judgment. The bailiff's assize was held at stated periods from
time to time, and at a fixed place; it was composed of five judges, the
King deciding the number and quality of the persons who were to take part
in the deliberations of the court for each session. The royal court only
sat when it pleased the King to order it; it accompanied the King wherever
he went, so that it had no settled place of residence."
Public-domain text, read in full here on John Shaqi.
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