Frankish law, judicial organization, common law courts, ecclesiastical courts, modes of proof, written evidence, purgatory oath, ordeals, clergy jurisdiction
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Abstract
This document summarizes the judicial organization and procedures under Frankish law, highlighting the types of courts, modes of proof, and the evolution of the legal system.
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[...] It is up to the defendant to demonstrate his innocence. > There are several modes of proof: - the written - testimonial evidence - the purgatory oath - the ordeals The written evidence > French law distrusts the written word because no one knows how to read and write, at least it's not widespread enough so there's a significant risk of falsification. It's therefore possible, but mefiancé. The testimonial evidence > French law also distrusts the evidence by witness due to the risks of bad faith. [...]
[...] In thehypothisI know that the'one of the parts is someone from thec, and the other being a clerk, the competence belongs to a mixed court; if the lac does not consent to be judged in the ecclesiastical court, it will be necessary to have a lac. > In the morningècriminal, one must distinguish according to the quality of the person, namely that if it isit is'a man / woman of the clergy, one had to distinguish the proceduredure. If c'is a simple clerk, the instruction is made by the count. [...]
[...] > Two types: bilateral ordeals or unilateral ordeals. The unilateral ordeal: - only one plaintiff, the defendant, is led to undergo physical trials. - For example, the immersion of the defendantdefendant, or the'the cold water test; the defendant's feet and hands were tied, and he was plunged into a cold water tank. If he floated, the water rejected him and he was treated as guilty, if he sank, he was considered as innocent. L'the boiling water test, or the red hot iron test: theaccuswas seizing a red hot iron or dipping his hand in boiling water, and this burned hand was sealed for three days; if the wound was healing, accused as innocent, and if the wound was infectede, accusis guilty. [...]
[...] It was triswas complex and to exercise justice it was not the same law. > Veryissuddenly, the count is accompanied by rachimbourgs. The rachimbourgs are simple individuals of different ethnic regimes. > He chooses them among assistants and are charged with indicating to the count the content of the custom, applicable law. Generally, it was not more than 7. Carolingian Reforms > There were more and more pro-isThis is what made it practically impossible for the count and all the men of the hundred to be present. [...]
[...] The count will not have only judicial functions but administrative. (Right-hand man). In Gaul, there were between 200 and 400 countiess. > The court was dividedwas placed, the judges moved The court went from century to century but this will vary depending on the era. The Merovingian organization > The count will preside over the judicial session. He will pronounce the sentences. He will move. There were hearings (sessions) at first, when the count arrives, all the inhabitants must be there and attend the hearings. [...]
