French jurisdictional supremacy in Gascony: one aspect of the ducal government's response

As a result of the 1259 treaty of Paris, the king of England resumed a feudal relationship with the French monarch, thus holding his duchy of Gascony as a fief. This meant that Capetian officials could exercise their master's jurisdictional authority in the duchy, in part because of the supreme appellate powers of the royal court, the Parlement of Paris. This they did with enthusiasm and skill, causing considerable disruption to English power in the duchy. Accepting the challenge, ducal officials devised a number of tactics to thwart the exercise of French jurisdiction in Gascony. These methods were altogether illegal or even criminal in nature, but the officials felt they were necessitated by the critical threat of Capetian authority to Plantagenet control of Gascony. Unfortunately, such tactics did little to alleviate their jurisdictional problems. Ducal authorities failed to create any consistent and systematic program for ending permanently Gascon judicial appeals to the French court, and they were hamstrung both theoretically and physically in the haphazard efforts they did make. Far from halting the advancement of Capetian jurisdictional authority in the duchy, the unlawful methods merely underscored the precarious nature of the English position there.     

English Bordeaux in conflict: the execution of Pierre Vigier de la Rouselle and its aftermath, 1312–24

As capital of English Gascony, Bordeaux was critical to the maintenance of Plantagenet authority in the duchy. Unfortunately for those kings, conditions tended to undermine the fragile power they did have over the wealthy rity. First, the independent-minded, affluent ruling class had for years established themselves in rival factions; at the same time ducal officials had to try to retain their goodwill at the same time as they sought to curb their lawlessness. Second, in the later years of Edward I's reign, the French occupied and governed Bordeaux and much of the rest of the duchy as a consequence of their victory over the English in a relatively minor war. With the resumption of Plantagenet rule over Bordeaux shortly before the accession of Edward II, ducal control was very tenuous indeed, as rival factions now fought each other ostensibly over their English or French sympathies.The problem is clearly illustrated in the case of a Francophilic citizen of Bordeaux, Pierre Vigier de la Rouselle, an ex-ducal official executed for his public criticism of the Gascon government. Following his death and the confiscation of his property, Vigier's heirs and sons appealed for redress to theParlement of Paris, the royal court of Edward II's Capetian overlord. The suit, dragging on there for at least twelve years, demonstrated how weak and inept the English authority was. As the French implicated both ducal officials and pro-English citizens of Bordeaux in the crime, the embarrassed Edward and his Gascon officials sought unsuccessfully to intimidate the appellants, fix culpability on scapegoats, and generally to deny any wrong-doing. Though sources provide no indication that the case ever concluded, it seems apparent that in the dispute over Vigier's death the importence of the English in their own ducal capital was only too clear.     

The nobility of English Gascony: the case of Jourdain de l'Isle

Among the greatest obstacles to effective English authority in Gascony was a criminal element within the nobility. Lawless, acquisitive, and defiant of all authority, such individuals were especially troublesome for Edward II whose control over Gascony would have been tenuous in any event. Among the most notorious in this period was Jourdain de l'Isle, younger son of a powerful Gascon nobleman. Holding extensive territories through both inheritance and marriage, Jourdain was a violent and aggressive man who attacked indiscriminately merchants, clergy, and even his fellow noblemen. Ignoring the efforts of the ducal government to control him, Jourdain appealed to the Capetian Parlement of Paris; but the French like the English had little use for him. His only supporter was his kinsman, Pope John XXII, who sought to assist Jourdain against both ducal and Capetian authorities, after the Gascon's crimes had brought him the enmity of both. While the pope's efforts had no result, neither the English nor the French succeeded in punishing Jourdain until in 1323 he defiantly came to Paris, where he was tried and executed for his sundry crimes. Jourdain's sorry career illustrates the problems that such men created for English rule in Gascony and makes clear that in at least this situation Plantagenet and Capetian authorities were in total agreement.     

The nobility of English Gascony: the case of Jourdain de l'Isle

Among the greatest obstacles to effective English authority in Gascony was a criminal element within the nobility. Lawless, acquisitive, and defiant of all authority, such individuals were especially troublesome for Edward II whose control over Gascony would have been tenuous in any event. Among the most notorious in this period was Jourdain de l'Isle, younger son of a powerful Gascon nobleman. Holding extensive territories through both inheritance and marriage, Jourdain was a violent and aggressive man who attacked indiscriminately merchants, clergy, and even his fellow noblemen. Ignoring the efforts of the ducal government to control him, Jourdain appealed to the Capetian Parlement of Paris; but the French like the English had little use for him. His only supporter was his kinsman, Pope John XXII, who sought to assist Jourdain against both ducal and Capetian authorities, after the Gascon's crimes had brought him the enmity of both. While the pope's efforts had no result, neither the English nor the French succeeded in punishing Jourdain until in 1323 he defiantly came to Paris, where he was tried and executed for his sundry crimes. Jourdain's sorry career illustrates the problems that such men created for English rule in Gascony and makes clear that in at least this situation Plantagenet and Capetian authorities were in total agreement.     

‘Defense of the realm’: evolution of a Capetian propaganda slogan

Historians have long recognized the importance of the Roman-canonical maxim ‘defense of the realm’ to the propaganda politics practised by later Capetian kings, most notably in the climactic struggle between Philip the Fair and Boniface VIII. Although rightly conceding to Roman law the major impulse to its formulation, they have been less sensitive to the way in which the doctrine fits into historical images of Capetian kingship. The theory of the king as defender of the realm was critical in the early as well as late middle ages. In tracing the evolution of this slogan through the chronicle tradition of Saint-Denis, the most extensive and consistently royalist historical corpus in Capetian France, one sees the emergence of concepts congruent with those developed in legal and canonical texts, but which reveal little or no influence from these more learned sources.This article argues that the chroniclers' persistent focus on the image of the king as royal defender facilitated the interior evolution of the meaning of ‘defense of the realm’ from that of feudal tuitio to the public concept of Roman jurisprudence. The chroniclers of Saint-Denis thus testify to the way in which older theories of monarchy were being subtly transformed by the changing nature of kingship itself. But at the same time they lend an air of coherency and familiarity to one of the most disruptive periods of Capetian history and sustain a sense of the evolution of the French monarchy within the context of fundamental notions governing medieval kingship.     

‘Defense of the realm’: evolution of a Capetian propaganda slogan

Historians have long recognized the importance of the Roman-canonical maxim ‘defense of the realm’ to the propaganda politics practised by later Capetian kings, most notably in the climactic struggle between Philip the Fair and Boniface VIII. Although rightly conceding to Roman law the major impulse to its formulation, they have been less sensitive to the way in which the doctrine fits into historical images of Capetian kingship. The theory of the king as defender of the realm was critical in the early as well as late middle ages. In tracing the evolution of this slogan through the chronicle tradition of Saint-Denis, the most extensive and consistently royalist historical corpus in Capetian France, one sees the emergence of concepts congruent with those developed in legal and canonical texts, but which reveal little or no influence from these more learned sources.This article argues that the chroniclers' persistent focus on the image of the king as royal defender facilitated the interior evolution of the meaning of ‘defense of the realm’ from that of feudal tuitio to the public concept of Roman jurisprudence. The chroniclers of Saint-Denis thus testify to the way in which older theories of monarchy were being subtly transformed by the changing nature of kingship itself. But at the same time they lend an air of coherency and familiarity to one of the most disruptive periods of Capetian history and sustain a sense of the evolution of the French monarchy within the context of fundamental notions governing medieval kingship.     

Sexual morality and canon law: The evidence of the Rochester consistory court

Material which survives from the Rochester consistory court during the middle years of the fourteenth century makes it possible to examine the manner in which canon legal theory on offences against sexual morality was implemented in practice. The officials at Rochester were adhering to general canon legal principles by assigning penance according to a ‘hierarchy of sin‘, and they were using the discretion allowed to them to make individual judgments in each case. The use of penances other than penitential beatings was related both to contemporary views on the suitability of different forms of penance for those in authority, and to the actual gravity of an offence. Priests' delicts were regarded more seriously than those of the laity. The court did not display any bias against women when assigning penance, and often treated men more harshly.     

Reform and the Basque dukes of Gascony: a context for the origins of the Peace of God and the murder of Abbo of Fleury

The tenth‐century Basque rulers of the early medieval duchy of Gascony created novel temporal and ecclesiastical institutions through which to express their power, and negotiated, from a position of some prestige, relationships with both monastic reformers and the Poitevin dukes of neighbouring Aquitaine. There a member of the Gascon ducal family summoned what would come to be known as the first council of the ‘Peace of God’ movement, usually portrayed as an Aquitainian initiative. The impact of the Gascons’ record on their own obscure territories also provides a context for the murder of Abbo, abbot of Fleury.     

Aspects of continuity and change in the Italian placitum, 962-72: The nature and significance of courtroom procedures

During the first seventy-five years of the tenth century in Italy three distinct procedures existed for the purpose of resolving jurisdictional disputes over property. Together they comprise the activity of a special court known only by the general term placitum. The property court, the placitum under discussion here, employed three procedures: (1) a litigation, (2) confirmation to avert possible conflict between two parties over opposing claims, and (3) a request for the confirmation of a commercial transaction.My study considers two problems: what purpose did the courts serve and to whom were they useful; second, what was the nature and intent of the procedures that these courts employed? The answers require an investigation of the personnel who administered the courts and the persons who sought court judgments, since the status and interests of both groups had considerable impact on the legal and institutional developments of this tribunal. The participants were mostly members of the ecclesiastical hierarchy and some of the higher lay magnates; by and large they were members of the ruling hierarchy.The property hearing had a long chain of development that reached into the late eight century: over the years it developed distinct procedures and instruments to record the results. These procedures reflect the interface of German and Roman law. We see in the history of this court the development of thoughts about evidence, the validity of written instruments as witnesses, and the role of judges as investigators.     

A mother's gift? Astrology and the pyxis of al-Mughīra

ABSTRACT

This article re-examines the most celebrated, and most controversial, of the Cordoban ivories, the al-Mughīra pyxis, from a perspective of gender and kinship relations within the court hierarchy. It proposes an alternative patron for this object, namely al-Mughīra's mother al-Mushtaq, a consort of the Cordoban Umayyad caliph ?Abd al-Rahmān III (r. 929–61) in the latter years of his life, and a patron of architecture. The article suggests astronomical and astrological possibilities for interpreting the pyxis’ unusual iconography, which arise from considering al-Mushtaq as a potential patron of the al-Mughīra pyxis. Key to the argument is the notion that women in the Cordoban court were ‘makers’ of art and architecture, in that they could and did exercise authority through artistic patronage.     

The Aims of Knowledge: Emile Durkheim's Critique of American Pragmatism

The lectures on American pragmatism given by the French sociologist Emile Durkheim in 1913 in Paris were first published in French in 1955 and finally translated into English and published in 1983 as Pragmatism and Sociology. For obvious reasons they have attracted considerable attention from philosophers and sociologists, especially the latter, in both continental Europe and the English speaking world. Durkheim's motives in giving the lectures have been scrutinized, his interpretations of the pragmatists widely discussed and his criticisms of William James, John Dewey, and F. S. C. Schiller have met with mixed receptions. However, after years of scholarly discourse on his motives, interpretations and criticisms, there is no common agreement on the significance and meaning of Pragmatism and Sociology. We briefly address the disagreement over Durkheim's motives in the introductory section before turning to our interpretation in the body of the article. There we focus on his criticisms of the pragmatists’ views on the aims and nature of knowledge, which is a classic confrontation between French rationalism à la Durkheim and American pragmatism of the James/Dewey variant.     

南明“奸臣”负面形象在后世的塑造——以田仰为例的考察

清代史家深受东林、复社门户成见的影响,在南明史著述中塑造了一批"奸臣"的负面形象。田仰虽有坚持抗清的事迹,但因与马士英关系密切,也被党社人士和后世学者视为奸臣。钱海岳《南明史》沿袭了传统观点,将田仰列入《奸臣传》。部分后世南明史著述为贬斥和丑化"奸臣",存在着不少歪曲史实之处。这些著述对田仰的抗清活动着墨甚少,并杜撰出他的若干负面事迹,使其形象遭到了彻底的奸邪化。     

Anti-corruption campaigns in thirteenth-century Europe

The thirteenth century in France saw the initiation of a series of reforms intended to define, identify and root out corruption in government. The principal architect of the campaign was King Louis IX (1226–70), ably supported by a coterie of special officials. Inspired in part by his desire to purify his kingdom in the long preparation for the crusade of 1270, he also drew on longstanding precedents in French administrative history. The campaign on the whole was quite successful. What is also remarkable is that, generated partly from the unique circumstances of individual polities and partly from circumstances, like crusading fervour, which were widely shared, other anti-corruption campaigns were mounted, also with some success. The slogans and practices of anti-corruption campaigns came to be identified intimately with good government, indeed, with the very right to exercise political authority and power. The thirteenth century thus appears to be a foundational moment in the constitution of the ideology and practices of the state.     

How Far Could Free Religious Thinking Go? The Case of Johann Rudolf Werdmüller,Zurich 1658

In 1658, Johann(es) Rudolf Werdmüller, a renowned Zurich general and diplomat, was accused of blasphemy. As it referred to essential religious matters, the accusation had a considerable public impact. The court files of the case provide evidence of wider battles over the desirability and nature of religious tolerance. Instead of narrating a case story this analysis suggests a different approach to the history of religion. The sources are not taken as documents expressing a discursive system of philosophical points of view and their appearance in religious polemics. Rather, the court files stand for specific speech acts, i.e. verbal performances in the linguistic sense. Thus, Werdmüller's example is taken to demonstrate that those considered to be blasphemers in the era of confessionalisation did not simply express religious scepticism in the form of “discourses,” nor did they rebel against authority figures or resort to forms of magic. Rather, they provoked their society, discussed religious matters, entertained their audience and competed wittingly with those interested in religious issues. In conclusion, it is proposed that the history of religion should not be confined to a history of ideas and religious doctrines but should integrate linguistic approaches.     

Women in the Formal and Informal Economies of Late Eighteenth‐Century Quebec, 1763–1830

This article challenges the conventional interpretation of the transition from French to British rule in Quebec, which has emphasised the increasing marginalisation of women in the colonial economy. Using hitherto unexplored criminal and civil court records and newspaper advertisements, reveals that women and in particular married women, both French and English speaking, were active in all facets of business life. Given the importance of imported British luxury items in the colonial economy following the American Revolution, this article argues that women occupied a particularly dynamic segment of business life in Quebec, and were especially prominent in the critical textile and fashion trades. A major theme of this article is to show the significance of informal trade networks in expanding economic development in the late eighteenth century, where women were demonstrably key players. The presence of women in both formal and formal economies goes far to locating Quebec in a burgeoning Atlantic economy, and to explaining the nature of consumer society in this new British colony.     

Huguenot Belief and Practice in Eighteenth‐Century Paris

Protestantism was illegal in eighteenth‐century France, yet many French Reformed Protestants, better known as Huguenots, managed to maintain their religion and identity until the French Revolution granted religious freedom. Several thousand of them lived in Paris, but remained a tiny minority in a very Catholic city. Given this context, and little access to pastors or collective worship, what kind of Protestantism did they observe? This article suggests that, like other minority groups, their religious practice and thinking were influenced both by the Catholic environment in which they lived and by the culture of the late eighteenth‐century city. By 1789 they had moved away from certain Calvinist traditions, and some of them had adopted a surprising ecumenism.     

The Capetian apanages and the nature of the French kingdom

The Capetian apanages have traditionally been studied from the perspective of the developing national monarchy. This approach is anachronistic; its premises are drawn from a later century, and even within the Capetian period it groups together with little differentiation the attitudes and intentions of five generations of kings.The context for the early Capetian apanages is the successional customs of the nobility, which the kings knew well from having seen them practised by their baronial neighbors. The determining concepts behind these measures were not those of the crown and the royal domain, but rather the societal ones by which, through the succession, the individual members of the family were ordered in relation to the family's lands.Only in the last quarter of the thirteenth and the first quarter of the fourteenth centuries did the kings and the Parlement impose the series of rulings which molded Capetian practice into a distinctively royal pattern. For most of the period under consideration, the territorial kingdom was treated as an aggregate of separable holdings, most of which were the private inheritance of the ruling family.     

The cult of Saint Denis and Capetian kingship

Throughout its history, the monastery of Saint-Denis sought to establish a tie with the ruling house, to make the abbey indispensable to the crown as the chief and privileged guardian of the royal presence. Beyond that, as the home of the principal Apostle of Gaul and the first bishop of Paris, it had a symbolic importance for the whole of France, independent of the monarchy itself. The representation of Saint Denis as a national saint, guiding, protecting, and promoting the well-being of the monarchy, was a monastic theme from the ninth century forward. The cult assumed its chief importance, however, in relation to the Capetians when, it is argued, it performed a critical function in the definition of French national identity under the aegis of the monarchy. In its importance for both France and the monarchy, the cult of Saint Denis helped make possible the fusion of two streams of national consciousness that might otherwise have remained distinct. Further, Capetian kings, by identifying themselves with the cult of Saint Denis, were able to tap a significant element of national devotion which contributed to the creation of a royal personality of national scope in France.