Li livres de jostice et de plet
Encyclopedia
Li livres de jostice et de plet(z) ("The Books of Justice and of Pleas") is an Old French
legal treatise compiled by the postglossator
s of the school of Orléans
in the mid-thirteenth century (c. 1260). It was influenced by canon law
(especially the decretals of Gregory IX
), Roman law
(especially the Digest
), the customary law of the Orléanais, and the legislation of the Capetian
Kings of France. It does not have the sense of a finished work, possesses lacunae, and is somewhat disorganised, being possibly the work of a student of the University of Orléans
.
The first book of the Livres is a free translation of the first three paragraphs of the Digest. It is not a coutoumier (compilation of customary law) and most of the customary law it cites is limited to Orléans. Among the royal acts it reproduces is one of Saint Louis
from 1254, in which the king depicted as judge declares himself the guardian of the peace and rest of his subjects: nos deserrens de la dete de la real poesté la pez et le respous de nos sojeiz. The Livres may have influenced the later legislation of Philip the Fair.
With regards to the law of fiefs, the Livres states that duke
s, count
s, viscount
s, and baron
s could all hold their land from one another. The Livres also states that la bone devise de droit des persones, des gens, est tele que tot homes ou il sont franc ou serf: "the good division of the law of persons is that all men are either free or servile." This law is based on the Digest but the meaning of the word servi that the medieval author translates "serf
" meant "slave".
Laws of war
The Livres, by defining treason (traïson) as férir, et l'en ne voie pas le cop venir (to wound [someone], and when the blow could not be seen coming), declared all crossbow
men to be traitors, since nobody could see their blows coming.
Sexual crimes
The Livres has provided scholars with unique insight into medieval legal attitudes to sexual crimes. It does not lay out punishment for prostitutes, preferring to reintegrate them into society in accordance with canon law. It does, however, prescribe the banishment and confiscation of property of the maquerel des femmes (procurer) and the owner of a brothel
(bordelerie). It also describes penalties for both male homosexuality
and is the first known work to describe them for lesbianism as well. On the first offence, the male sodomite was to be castrated, on the second dismembered, and on the third burned alive. The female sodomite was to be dismembered on the first two offence (exactly what two "members" were to be cut off is uncertain) and burned alive on the third. All their goods accrued to the crown.
Old French
Old French was the Romance dialect continuum spoken in territories that span roughly the northern half of modern France and parts of modern Belgium and Switzerland from the 9th century to the 14th century...
legal treatise compiled by the postglossator
Postglossator
The postglossators or commentators formed a European legal school which arose in France in the fourteenth century. They form the highest point of development of medieval Roman law....
s of the school of Orléans
Orléans
-Prehistory and Roman:Cenabum was a Gallic stronghold, one of the principal towns of the Carnutes tribe where the Druids held their annual assembly. It was conquered and destroyed by Julius Caesar in 52 BC, then rebuilt under the Roman Empire...
in the mid-thirteenth century (c. 1260). It was influenced by canon law
Canon law
Canon law is the body of laws & regulations made or adopted by ecclesiastical authority, for the government of the Christian organization and its members. It is the internal ecclesiastical law governing the Catholic Church , the Eastern and Oriental Orthodox churches, and the Anglican Communion of...
(especially the decretals of Gregory IX
Pope Gregory IX
Pope Gregory IX, born Ugolino di Conti, was pope from March 19, 1227 to August 22, 1241.The successor of Pope Honorius III , he fully inherited the traditions of Pope Gregory VII and of his uncle Pope Innocent III , and zealously continued their policy of Papal supremacy.-Early life:Ugolino was...
), Roman law
Roman law
Roman law is the legal system of ancient Rome, and the legal developments which occurred before the 7th century AD — when the Roman–Byzantine state adopted Greek as the language of government. The development of Roman law comprises more than a thousand years of jurisprudence — from the Twelve...
(especially the Digest
Pandects
The Digest, also known as the Pandects , is a name given to a compendium or digest of Roman law compiled by order of the emperor Justinian I in the 6th century .The Digest was one part of the Corpus Juris Civilis, the body of civil law issued under Justinian I...
), the customary law of the Orléanais, and the legislation of the Capetian
Capetian
Capetian is an adjective, used to describe either:* The House of Capet, also called the Direct Capetians – the ruling family of France between 987 and 1328* The Capetian dynasty, a term applied to all direct descendants of Hugh Capet...
Kings of France. It does not have the sense of a finished work, possesses lacunae, and is somewhat disorganised, being possibly the work of a student of the University of Orléans
University of Orléans
-History:In 1230, when for a time the doctors of the University of Paris were scattered, a number of the teachers and disciples took refuge in Orléans; when pope Boniface VIII, in 1298, promulgated the sixth book of the Decretals, he appointed the doctors of Bologna and the doctors of Orléans to...
.
The first book of the Livres is a free translation of the first three paragraphs of the Digest. It is not a coutoumier (compilation of customary law) and most of the customary law it cites is limited to Orléans. Among the royal acts it reproduces is one of Saint Louis
Louis IX of France
Louis IX , commonly Saint Louis, was King of France from 1226 until his death. He was also styled Louis II, Count of Artois from 1226 to 1237. Born at Poissy, near Paris, he was an eighth-generation descendant of Hugh Capet, and thus a member of the House of Capet, and the son of Louis VIII and...
from 1254, in which the king depicted as judge declares himself the guardian of the peace and rest of his subjects: nos deserrens de la dete de la real poesté la pez et le respous de nos sojeiz. The Livres may have influenced the later legislation of Philip the Fair.
Examples
FeudalismWith regards to the law of fiefs, the Livres states that duke
Duke
A duke or duchess is a member of the nobility, historically of highest rank below the monarch, and historically controlling a duchy...
s, count
Count
A count or countess is an aristocratic nobleman in European countries. The word count came into English from the French comte, itself from Latin comes—in its accusative comitem—meaning "companion", and later "companion of the emperor, delegate of the emperor". The adjective form of the word is...
s, viscount
Viscount
A viscount or viscountess is a member of the European nobility whose comital title ranks usually, as in the British peerage, above a baron, below an earl or a count .-Etymology:...
s, and baron
Baron
Baron is a title of nobility. The word baron comes from Old French baron, itself from Old High German and Latin baro meaning " man, warrior"; it merged with cognate Old English beorn meaning "nobleman"...
s could all hold their land from one another. The Livres also states that la bone devise de droit des persones, des gens, est tele que tot homes ou il sont franc ou serf: "the good division of the law of persons is that all men are either free or servile." This law is based on the Digest but the meaning of the word servi that the medieval author translates "serf
SERF
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...
" meant "slave".
Laws of war
The Livres, by defining treason (traïson) as férir, et l'en ne voie pas le cop venir (to wound [someone], and when the blow could not be seen coming), declared all crossbow
Crossbow
A crossbow is a weapon consisting of a bow mounted on a stock that shoots projectiles, often called bolts or quarrels. The medieval crossbow was called by many names, most of which derived from the word ballista, a torsion engine resembling a crossbow in appearance.Historically, crossbows played a...
men to be traitors, since nobody could see their blows coming.
Sexual crimes
The Livres has provided scholars with unique insight into medieval legal attitudes to sexual crimes. It does not lay out punishment for prostitutes, preferring to reintegrate them into society in accordance with canon law. It does, however, prescribe the banishment and confiscation of property of the maquerel des femmes (procurer) and the owner of a brothel
Brothel
Brothels are business establishments where patrons can engage in sexual activities with prostitutes. Brothels are known under a variety of names, including bordello, cathouse, knocking shop, whorehouse, strumpet house, sporting house, house of ill repute, house of prostitution, and bawdy house...
(bordelerie). It also describes penalties for both male homosexuality
Homosexuality
Homosexuality is romantic or sexual attraction or behavior between members of the same sex or gender. As a sexual orientation, homosexuality refers to "an enduring pattern of or disposition to experience sexual, affectional, or romantic attractions" primarily or exclusively to people of the same...
and is the first known work to describe them for lesbianism as well. On the first offence, the male sodomite was to be castrated, on the second dismembered, and on the third burned alive. The female sodomite was to be dismembered on the first two offence (exactly what two "members" were to be cut off is uncertain) and burned alive on the third. All their goods accrued to the crown.