Private wars arising from personal quarrels and ambitions, or damages of
the sort described, were very frequent. The intervention of the Crown
was rare. We have an instance of the exercise of the royal prerogative,
however, when Louis le Gros stepped in and destroyed, after three years’
war, the fortress of the Seigneurs du Puiset, who had long been a thorn
in the side of Chartres, continually committing brigandage on the Church
lands and caring nothing for ecclesiastical pains and penalties. The
King abolished the oppressive institutions of these lords, and
re-established in their ancient liberty the possessions of Notre-Dame
and the Monastery of S. Père.
In the thirteenth century the power of the King grew stronger, and
asserted itself over the monastic property. The monks of S. Père none
the less retained the right of jurisdiction in their own lands. Thus
when Geoffroi, Seigneur d’Illiers, had arrested a murderer in an inn on
their property and had hung the man (1229), he was afterwards
constrained to admit that he had exceeded his rights. All jurisdiction,
he acknowledged, appertained to the abbot and monks; he gave them
satisfaction, and paid them a fine.
Whilst they upheld their rights against the encroachments of Grands
Seigneurs in this fashion, the monks were no less frequently involved in
similar disputes with the _Communes_. Such disputes were often carried
for settlement to the court of the King. Occasionally we find the courts
ordering a point in dispute to be decided by judicial combat. These
combats seldom actually took place. The proposal of them seems to have
stimulated both parties to come to some arrangement, or to have
frightened one of them perhaps into withdrawal. The absurd and cruel
practice of trial by single combat had been borrowed from the warlike
tribes of Germany, who could not believe that a brave man deserved to
suffer or that a coward deserved to live. The old, the feeble and
infirm, therefore, in civil and criminal proceedings, were exposed to
mortal challenge from the antagonist who was destitute of legal proofs,
and thus condemned to renounce their fairest claims and possessions, to
sustain the danger of an unequal conflict, or to trust the doubtful aid
of a mercenary champion. Two instances of such challenges are recorded
by the monk Paul, and are full of human interest.
Public-domain text, read in full here on John Shaqi.
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