The Normans in European historyHaskins, Charles Homer
History
The Normans in European history
Haskins, Charles Homer
Europe -- History; Great Britain -- History -- Medieval period, 1066-1485; Normans -- Europe
Meanwhile the legally-minded Philip, while spending money freely on
John’s followers and abating nothing of his diplomatic and military
efforts, brought to bear the weapons of law. The revival of legal
studies in the twelfth century had given rise in western Europe to a
body of professional lawyers, skilled in the Roman and the canon law,
and quick to turn their learning to the advantage of the princes whom
they served. Philip had a number of such advisers at his court, and
they doubtless contributed to the more lawyerlike methods of doing
things which make their appearance in his reign; but it was feudal
custom, and not Roman law, that he used against John. In law John was
Philip’s vassal,--indeed, he had just confessed as much in the treaty
of 1200,--and as such was held to attend Philip’s feudal court and
subject himself to its decision in disputes with other vassals. It
might be urged that the king of England was too great a man to submit
to such jurisdiction, and that the duke of Normandy had been in the
habit of satisfying his feudal obligations by a formal ceremony at the
Norman frontier; still the technical law was on the side of the king
of France, and a suzerain had at last come who was able to translate
theory into fact. In the course of a series of adventures in Poitou
John carried off the fiancée of one of his barons of the house of
Lusignan, who appealed to his superior lord, the king of France. All
this was in due form, but Philip was no lion of justice eager to
redress injuries for justice’ sake. He waited nearly two years, John’s
visit to Paris falling in the interval, and then, when he was ready to
execute sentence, promptly summoned John before the feudal court of
peers. John neither came nor appeared through a representative, and the
court in April, 1202, declared him deprived of all his lands for having
refused to obey his lord’s commands or render the services due from him
as vassal. The capture of Arthur temporarily checked Philip; the boy’s
murder by John in the course of 1203 simply recoiled on the murderer.
Whether this crime led to a second condemnation by the court of peers,
as was alleged by the French at the time of the abortive invasion of
England in 1216, is a question which has been sharply discussed among
scholars. What has now become the orthodox view holds that there was
no second condemnation, but a clever case has recently been made by
Powicke, who, minimizing the importance of the accepted argument from
the silence of immediate contemporaries, argues, on the basis of the
_Annals of Margam_, that there probably was a second condemnation
in 1204. After all, the question is of subordinate importance, for
Philip’s effective action was based on the trial of 1202, and by 1204
John’s fate was already sealed.
Public-domain text, read in full here on John Shaqi.
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