High, middle and low justice
Encyclopedia
High, middle and low justices are notions dating from Western feudalism
to indicate descending degrees of judiciary power to administer justice by the maximal punishment the holders could inflict upon their subjects and other dependents.
to the court in which the case was first filed or otherwise brought.
As a rule, each court administered justice in general (the penal was generally not separate from civil and other types of justice, while certain matters were separated such as Canon law
), as far as the matter was not reserved for a higher court or by virtue of some privilegium fori
(e.g. clerics to be judged by other clergy, in canon courts). In addition to trials (between parties or against an accused), the notion of justice also included voluntary justice, which is really the official recording of deeds (unilateral or between parties) such as matrimony, testament, grants, et cetera.
A right of appeal was not automatically available, only when explicitly established, and if so not always to a court of the superior political level and/or a higher degree of our trio. In fact, feudal justice was a labyrinth of specific customs and rules in nearly endless variation, not governed by any clear legal logic, and subject to significant historical evolution in time, though the largely customary law tended by nature to be quite conservative. In judicial matters — as in all spheres of life — feudal society did not see uniformity as either possible or necessarily desirable, each town and region having its own customs and ways of doing things, and resented attempts to interfere with them.
While the right of justice is held by many 'unique' courts, relatively strong states make it a pillar of their absolutist (re)emergence to establish numerous courts to administer justice in their name in different territorial circumscriptions, such as the royal (high) sheriffs in England, and/or to impose an appeal (at least unifying the law as such) to a royal court, as to the various French provincial parlement
s.
, as held by a sovereign — the sword of justice
and hand of justice are regalia
that symbolize it.
Often it is proudly displayed, in the form of relevant status symbols. Thus permanent gallows
are often erected in prominent public places; the very word for them in French, potence, is derived from the Latin “potentia” meaning 'power'.
High justice is held by all states and the highest vassals in the European type of feudal society, but may also be acquired by other authorities as part of a high degree of legal autonomy, such as certain cities; which in time often obtained other high privileges originally reserved for high nobility and sometimes high clergy. Other such privileges could include a seat in a diet
or a similar feudal representative assembly, before the third estate as such even aspired to such 'parliamentary' representation, or the right to mint
coins. These privileges indicating its so-called liberty was an 'equal' enclave in the territorial jurisdiction of the neighboring feudal (temporal or ecclesiastical) Lord, sometimes even extending rather like a polis in Antiquity.
.
According to the New Testament
account of the death of Jesus
, the Jewish leaders had the right to imprison someone within their territory, but only the Roman
rulers were permitted to claim jus gladii. Therefore, Jesus had to be brought up for judgment before the Romans in order for an execution to be legal.
See also: Blutgericht
s, tenants, et cetera on their land, or rather assign a steward or the likes to do so for him, or allow a form of jury trial
.
Feudalism
Feudalism was a set of legal and military customs in medieval Europe that flourished between the 9th and 15th centuries, which, broadly defined, was a system for ordering society around relationships derived from the holding of land in exchange for service or labour.Although derived from the...
to indicate descending degrees of judiciary power to administer justice by the maximal punishment the holders could inflict upon their subjects and other dependents.
Pyramid of feudal justice
Although the terms high and low suggest a strict subordination, this was not quite the case; a case could often be brought in any of several courts, with the principle of "prevention" (in the etymological sense of Latin praevenire, "to come before") granting jurisdictionJurisdiction
Jurisdiction is the practical authority granted to a formally constituted legal body or to a political leader to deal with and make pronouncements on legal matters and, by implication, to administer justice within a defined area of responsibility...
to the court in which the case was first filed or otherwise brought.
As a rule, each court administered justice in general (the penal was generally not separate from civil and other types of justice, while certain matters were separated such as Canon law
Canon law (Catholic Church)
The canon law of the Catholic Church, is a fully developed legal system, with all the necessary elements: courts, lawyers, judges, a fully articulated legal code and principles of legal interpretation. It lacks the necessary binding force present in most modern day legal systems. The academic...
), as far as the matter was not reserved for a higher court or by virtue of some privilegium fori
Privilegium fori
The privilegium fori, Latin for "Privilege of the forum", is a generic term for legal privileges to be tried in a particular court or type of court of law....
(e.g. clerics to be judged by other clergy, in canon courts). In addition to trials (between parties or against an accused), the notion of justice also included voluntary justice, which is really the official recording of deeds (unilateral or between parties) such as matrimony, testament, grants, et cetera.
A right of appeal was not automatically available, only when explicitly established, and if so not always to a court of the superior political level and/or a higher degree of our trio. In fact, feudal justice was a labyrinth of specific customs and rules in nearly endless variation, not governed by any clear legal logic, and subject to significant historical evolution in time, though the largely customary law tended by nature to be quite conservative. In judicial matters — as in all spheres of life — feudal society did not see uniformity as either possible or necessarily desirable, each town and region having its own customs and ways of doing things, and resented attempts to interfere with them.
While the right of justice is held by many 'unique' courts, relatively strong states make it a pillar of their absolutist (re)emergence to establish numerous courts to administer justice in their name in different territorial circumscriptions, such as the royal (high) sheriffs in England, and/or to impose an appeal (at least unifying the law as such) to a royal court, as to the various French provincial parlement
Parlement
Parlements were regional legislative bodies in Ancien Régime France.The political institutions of the Parlement in Ancien Régime France developed out of the previous council of the king, the Conseil du roi or curia regis, and consequently had ancient and customary rights of consultation and...
s.
High justice
This is the highest penal authority, including capital punishmentCapital punishment
Capital punishment, the death penalty, or execution is the sentence of death upon a person by the state as a punishment for an offence. Crimes that can result in a death penalty are known as capital crimes or capital offences. The term capital originates from the Latin capitalis, literally...
, as held by a sovereign — the sword of justice
Sword of Justice
A Sword of Justice, or executioner's sword, was used by trained executioners for carrying out capital punishment in many cultures. Given their special 'ceremonial' purpose, they were usually very well-made of the highest quality metal and were extremely sharp...
and hand of justice are regalia
Regalia
Regalia is Latin plurale tantum for the privileges and the insignia characteristic of a Sovereign.The word stems from the Latin substantivation of the adjective regalis, 'regal', itself from Rex, 'king'...
that symbolize it.
Often it is proudly displayed, in the form of relevant status symbols. Thus permanent gallows
Gallows
A gallows is a frame, typically wooden, used for execution by hanging, or by means to torture before execution, as was used when being hanged, drawn and quartered...
are often erected in prominent public places; the very word for them in French, potence, is derived from the Latin “potentia” meaning 'power'.
High justice is held by all states and the highest vassals in the European type of feudal society, but may also be acquired by other authorities as part of a high degree of legal autonomy, such as certain cities; which in time often obtained other high privileges originally reserved for high nobility and sometimes high clergy. Other such privileges could include a seat in a diet
Diet (assembly)
In politics, a diet is a formal deliberative assembly. The term is mainly used historically for the Imperial Diet, the general assembly of the Imperial Estates of the Holy Roman Empire, and for the legislative bodies of certain countries.-Etymology:...
or a similar feudal representative assembly, before the third estate as such even aspired to such 'parliamentary' representation, or the right to mint
Mint (coin)
A mint is an industrial facility which manufactures coins for currency.The history of mints correlates closely with the history of coins. One difference is that the history of the mint is usually closely tied to the political situation of an era...
coins. These privileges indicating its so-called liberty was an 'equal' enclave in the territorial jurisdiction of the neighboring feudal (temporal or ecclesiastical) Lord, sometimes even extending rather like a polis in Antiquity.
Jus gladii
In Latin jus (ius) gladii literally means "the right of the sword", referring to the legal authority of an individual or group to execute someone for a capital offense, i.e. high justiceHigh Justice
High Justice is a 1974 collection of science fiction short stories by Jerry Pournelle. It was republished in a omnibus edition with Exiles to Glory in 2009 as Exile -- and Glory....
.
According to the New Testament
New Testament
The New Testament is the second major division of the Christian biblical canon, the first such division being the much longer Old Testament....
account of the death of Jesus
Jesus
Jesus of Nazareth , commonly referred to as Jesus Christ or simply as Jesus or Christ, is the central figure of Christianity...
, the Jewish leaders had the right to imprison someone within their territory, but only the Roman
Roman Empire
The Roman Empire was the post-Republican period of the ancient Roman civilization, characterised by an autocratic form of government and large territorial holdings in Europe and around the Mediterranean....
rulers were permitted to claim jus gladii. Therefore, Jesus had to be brought up for judgment before the Romans in order for an execution to be legal.
See also: Blutgericht
Blutgericht
Blood Court or high justice in the Holy Roman Empire referred to the right of a Vogt to hold a criminal court inflicting bodily punishment, including the death penalty.Not every Vogt held the blood court...
Middle justice
This intermediate level is the least well defined, and sometimes absent in a specific jurisdiction.Low justice
This is the level of 'day-to-day' justice, minor cases generally settled by limited fines or light corporal punishment. It is always included in the jurisdiction of the High and Middle Justiciarians, but also by many petty authorities, including many domanial proprietors, who sat in justice over the serfSERF
A spin exchange relaxation-free magnetometer is a type of magnetometer developed at Princeton University in the early 2000s. SERF magnetometers measure magnetic fields by using lasers to detect the interaction between alkali metal atoms in a vapor and the magnetic field.The name for the technique...
s, tenants, et cetera on their land, or rather assign a steward or the likes to do so for him, or allow a form of jury trial
Jury trial
A jury trial is a legal proceeding in which a jury either makes a decision or makes findings of fact which are then applied by a judge...
.