IMC 2017: Sessions

Session 1339: Forms of Justice, Legal, and Judicial Authority

Wednesday 5 July 2017, 16.30-18.00

Moderator/Chair:Helle Vogt, Center for Retskulturelle Studier, Det Juridiske Fakultet, Københavns Universitet
Paper 1339-aJustice or Revenue: The Crown and Its Coroners
(Language: English)
Paulette Barton, Department of Modern Languages & Classics / Department of History, University of Maine
Index terms: Administration, Archives and Sources, Law
Paper 1339-bFighting for the Other: Trial by Combat in 11th-Century Catalonia
(Language: English)
Cornel-Peter Rodenbusch, Institut de Recerca en Cultures Medievals, Universitat de Barcelona / Seminar für mittelalterliche Geschichte, Eberhard-Karls-Universität Tübingen
Index terms: Law, Politics and Diplomacy
Paper 1339-cRegnum Sardiniae Catalan-Aragonese and the District of Arborea in the 14th and 15th Centuries: The Institutional System among Differences, Similarities, and Coincidences
(Language: English)
Alessandra Cioppi, Istituto di Storia dell'Europa Mediterranea (ISEM), Consiglio Nazionale delle Ricerche, Cagliari
Index terms: Historiography - Medieval, Politics and Diplomacy
Abstract

Paper -a:
This paper will examine the relationship of the Crown with its coroners from the creation of the office in 1194 by Bishop Hubert Walter to approximately 1275. The coroner as keeper of the king’s pleas investigated deaths, levied and collected fines and amercements. He also handled Presentment of Englishry and relevant fines. The developing relationship of crown and coroner can be traced through the Calendar of Patent Rolls.

Paper -b:
The ‘batalla iurata’ was a judicial procedure in 11th-century Europe. Detailed instructions about the proceeding of a trial by combat are given in the Libellus de batallia facienda from the middle of the 13th century. But how was trial by combat in the 11th century? Several documents shed light on the procedures and can help us understand when trial by combat was an option and why this type of conflict resolution was undertaken.

Paper -c:
This study examines the encounter-clash of two institutional identity measured in their most typical aspects and difficulties of understanding and integration of their otherness. The Catalan-Aragonese constitutional-administration order applied by the Crown of Aragon in the Regnum Sardiniae immediately after the conquest of the island in the first half of the 14th century, and the Sardinian-Judicial system in force in the indigenous district of Arborea offer insights, reflection, and considerations on their aspects of diversity but also of similarity. Among other things, the Catalan-Aragonese system carried out in the Kingdom of Sardinia shows itself aspects of coincidence but also aspects of diversity from the current system regulations in other states of the Crown of Aragon.