5: Law And War: Kings And Nobles Flashcards
Magna Carta
Charter of rights agreed by King John of England in 1215 and barons to prevent conflict. By 1297 was engraved in English political thought. Stated rights that all free men bear. Stated need for witness in trial; cant sell justice; “we will appoint sheriffs, or other officials” who know the law of the realm. Held in great respect by many American legal and influenced the American constitution.
Max Weber definition of State
The state is any ‘human community that successfully claims the monopoly of the legitimate use of physical force within a given territory’. Thus, ‘the modern state is a compulsory association which organizes domination.’
Contemporary source on King John
compared to later source
Chronicle of Barnwell Abbey: King acted with Honour, showed pity on those burdened by taxes, showed kindness towards widows
Later Chronicles:
- e.g. Roger of Wendover, spoke of how the king sent a knight to seize Geoffrey of Canterbury. They locked him up, didn’t feed him and put lead on him.
Themes of law and war
- From lords to rulers
a) From counties & duchies to countries.
b) interconnectedness of European ruling families - States
a) Royal law and justice: from arbitrary to accountable
b) Royal Administration: record keeping e.g. Anglo-Saxon Chronicle on Doomsday book: account of how William the Conquerer arranged his court in 1086 and how he sent out his men to find out how many hides of land there were. first real uniting of England.
Peripatetic court
Prompt displays of loyalty by travelling the realm
Dispense direct royal justice by hearing cases
Affirming royal > local legal authority
Display monarchical support to loyal provincial lords
Tour (or ‘progress’) through the countryside familiarised the prince with the territory, ensured loyalty of subjects, and confirmed hierarchy of power & control
Reason for decline of peripatetic court
Size of peripatetic courts was too large, E.g. French Royal Household b/w 1480 and 1523
Spanish Court staff of 1,700 and 400 ministers
Centralised meant more control for teh government adn monarchs
Transport issues still tough, 30 days from Augsburhg to Habsburg
why create a fixed court?
Easy for monarch control over nobles and also certain cities like the capitals of Europe became much more strategic for monarchs to be.
functions of a fixed court?
Location of royal household (prince & practical attendants)
Location of institutions of central government and administration (councillors, policy decisions, &c.)
‘Points of contact’ between the monarch and the nobility
evidence of increased record-keeping
Henry I Exchequer: Henry manipulated barons and consolidated royal power drawing on Anglo-Saxon legal concepts strengthened them with addition of exchequer. Exchequer used pipe rolls to note down all expenditure of the exchequer.
