The best of barons only measurably live up to this high standard. Yet Conon is not wholly exceptional in telling himself that a reputation for enforcing justice is in the end a surer glory than all the fêtes around St. Aliquis.

Justice, of course, does not mean equality before the law. There is one legal measure for country villeins, another for citizens of the commune, another for petty nobles, another for greater nobles of Conon's own rank. The monks and priests can always "plead their clergy" and get their cases transferred to a special Church tribunal.[45] The question really is: Has a man been given everything due to others of his own class? If not, there is denial of justice.

Life on a Mediaeval Barony — Part 102

The laws enforced in the St. Aliquis region are the old customary laws in use ever since the Frankish barbarians' invasions. Many of these laws have never been reduced to writing--at least for local purposes--but sage men know them. There are no professional jurists in the barony. Sire Eustace, the seneschal, understands the regional law better than any other layman around the castle, though he in turn is surpassed by Father Grégoire. The latter has, indeed, a certain knowledge of the Canon law of the Church, far more elaborate than any local territorial system, and he has even turned over voluminous parchments of the old Roman law codified by the mighty Emperor Justinian. Up at Paris, round the king there are now trained lawyers, splitters of fine hairs, who say that this Roman law is far more desirable than any local "customary law," and they are even endeavoring (as the king extends his power) to make the Code of Justinian the basis for the entire law of France. But conditions on most baronies are still pretty simple, the questions to be settled call merely for common sense and a real love of fair play on the part of the judges. One can live prosperously and die piously under rough-and-ready laws administered with great informality.

Life on a Mediaeval Barony — Part 102

Conon has "high justice" over his vassals and peasants. This means absolute power of life and death over any non-noble on the seigneury, unless, indeed, the baron should outrage merchants bound to a privileged free city, or some other wayfarers under the specific protection of the king or the Duke of Quelqueparte. If strange noblemen get into trouble, it will depend on circumstances whether Conon undertakes to handle their cases himself, or refers them to his suzerain, the duke. The right of seigneurs to powers of justice on their own lands even over high nobles is, however, tenaciously affirmed, and it is only with difficulty the duke and, above him, the king can get some cases remitted to their tribunals.[46] If, however, the alleged offender is a monk, he will be handed over to the local abbot or, if a priest, to the bishop of Pontdebois to be dealt with according to the law of the Church.

Life on a Mediaeval Barony — Part 102