Assises of Ariano Flashcards

1
Q

What does the “Order of Laws” decree regarding the observance of laws and customs?

A

The new laws must “be fully observed,” and existing laws and customs “shall only be abrogated…if they are found to be contrary to” the new decrees. This highlights the balance between maintaining established traditions and incorporating royal reforms.

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2
Q

What factors are considered when determining the punishment for adulteresses according to the law?

A

The law emphasizes a thorough investigation of the adulteress’s status, age, state of mind, financial means, and motivations. Punishment is based on fairness and divine justice, with more lenient or severe sentences determined accordingly. If a woman has no legitimate children and her property is confiscated, she faces slitting of the nose, but she cannot be harmed further by her husband or relations unless they choose flogging (Matthew vii. 1).
“Justice will tally perfectly with divine justice; nor will we be departing from that divine verdict, ‘with what measure ye mete, it shall be measured to you once again.’”

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3
Q

What is Roger’s attitude toward the Divine grace his kingdom has received?

A

Roger acknowledges that the kingdom’s strength and peace come from “Divine grace,” stating, “if we have received anything from the generosity which has resulted from Divine grace, then we should repay these Divine benefits through which we have our strength with humble service.”

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4
Q

Who issued the Assizes of Ariano, and when?

A

King Roger II of Sicily issued the Assizes in 1140 at Ariano.

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5
Q

How does the law protect the property of churches?

A

The law “protects and augments the property and possessions” of holy churches, stating that those who violate this decree face “severe consequences,” emphasizing the sacredness and permanence of the church’s authority.

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6
Q

How did the Assizes influence later legal codes in Europe?

A

They served as a model for centralized legal systems in medieval Europe, inspiring similar reforms in other kingdoms.

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7
Q

What penalties did the Assizes impose for treason?

A

Treason was punished severely, often by confiscation of lands, execution, or exile, reinforcing loyalty to the monarchy.

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8
Q

How did the Assizes address relations with the papacy?

A

They asserted the king’s independence in ecclesiastical matters while maintaining a cooperative relationship with the church

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9
Q

What role did the Assizes play in integrating Southern Italy and Sicily?

A

By applying the same laws across both regions, the Assizes fostered unity and loyalty to the crown.

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10
Q

How were the Assizes influenced by Norman governance traditions?

A

They combined Norman legal principles with Byzantine and Islamic administrative practices inherited from Sicilian culture.

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11
Q

How did the Assizes address succession disputes?

A

They clarified inheritance laws to reduce conflicts among the nobility and secure the kingdom’s stability.

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12
Q

What was the Assizes’ stance on the rights of serfs and peasants?

A

The Assizes aimed to protect peasants from baronial abuses, ensuring their obligations were clearly defined and limited.

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13
Q

How did the Assizes strengthen the king’s economic control?

A

By regulating trade and coinage, the Assizes reduced local economic autonomy and increased royal revenue.

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14
Q

What role did the Assizes of Ariano play in limiting local autonomy?

A

They abolished regional laws and customs that conflicted with royal decrees, ensuring uniformity across the kingdom.

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15
Q

How does Roger justify the changes he is making to the laws?

A

Roger justifies his changes by citing the need for humility and correction, stating that “the office of kingship claims for itself a certain privilege of priesthood,” and that “those who do wrong should be spared in keeping with the moderation that is appropriate to our times.”

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16
Q

How does Roger view the relationship between kingship, justice, and mercy?

A

Roger views kingship as a divine calling that involves both justice and mercy, quoting Proverbs 8:15, “By me kings reign, and legislators decree justice,” and emphasizing that “nothing is more pleasing to God than if we straightforwardly offer Him that which we have learnt Him to be, namely mercy and justice.”

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17
Q

What does Roger identify as the state of justice in his kingdom?

A

Roger admits that the kingdom’s justice has become flawed, saying, “when we see that this has become miserably crooked,” and expresses a desire to “renew the paths of both justice and piety.”

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18
Q

What was the purpose of the Assizes of Ariano?

A

The Assizes centralized royal authority, unified the legal system across Norman territories, and curtailed baronial power.

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19
Q

What Biblical principles does Roger use to support his approach to justice and mercy?

A

Roger references Biblical teachings to justify his approach, quoting Luke 6:36, “Be ye also merciful as your Father also is merciful,” and Psalm 25:10, “All the paths of the Lord are mercy and truth,” to emphasize that mercy should guide all actions of governance.

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20
Q

Why does Roger believe it is important to change the laws of the kingdom?

A

Roger feels the need to revise the laws due to past mistakes, stating, “we have erred in many things and because we are more inclined to err,” and thus seeks to handle laws “more mercifully and interpret them in a more kindly way.”

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21
Q

What does the law advise regarding the treatment of subjects and tax collection?

A

Princes and officials “should treat all subjects decently,” particularly in “tax collection,” and are urged to demand “moderation” to avoid harsh treatment. The law emphasizes “mercy and fairness,” indicating that subjects should be treated with dignity under royal rule.

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22
Q

What does the law say about the ownership and transfer of royal property?

A

Royal property “cannot be sold, alienated, or diminished” by any holder of regalia. This ensures the “sanctity and permanence” of royal authority over the kingdom’s resources.

23
Q

What is the law’s stance on the sale of holy relics?

A

The sale of holy relics is “forbidden,” and those attempting to sell them “are to be punished” with the relics returned to the fisc. This preserves the sacredness of relics, preventing their exploitation.

24
Q

What legal privileges do bishops hold in this decree?

A

Bishops “cannot be compelled to testify unless necessary” for ecclesiastical or state matters. This protects the clergy’s dignity, “separating religious roles from secular obligations.”

25
Q

What protections are offered to those fleeing to churches for sanctuary?

A

Those who flee to churches “are not to be expelled or harmed.” However, “serfs or criminals with stolen property” must return to their lord. This law safeguards the church as a place of refuge while maintaining accountability for criminal actions.

26
Q

What does the law prohibit regarding private religious gatherings?

A

Private religious gatherings “outside the church are forbidden,” and those who celebrate unauthorized conventicles will face the demolition of their houses. This law seeks to control religious practices, maintaining the church’s authority.

27
Q

What restriction does the law impose on serfs becoming clergy?

A

Serfs “cannot be ordained without the consent of their lords.” If ordination is “bought or unauthorized,” they lose their serf status. This ensures the preservation of the social order, limiting the mobility of serfs.

28
Q

What happens to those who abandon the Catholic faith?

A

Apostates “are cursed, stripped of all their goods, and deprived of legal rights.” This reflects the law’s unyielding stance on “religious conformity” and loyalty to Catholic teachings.

29
Q

What does the law dictate about non-Christians owning Christian servants?

A

Non-Christians “are forbidden from buying or owning Christian servants,” and violators face “capital punishment and property confiscation.” This reflects the law’s emphasis on Christian dominance and the protection of Christian subjects.

30
Q

What is the penalty for raping virgins, according to the law?

A

The rapist faces “capital punishment,” even if the intention was marriage. This severe punishment underscores the “sacred status of virgins” and the royal commitment to their protection.

31
Q

What does the law say about jesters and others impersonating clergy?

A

Anyone who “impersonates the clergy” for public performances “is to be publicly flogged.” This law protects the “sanctity and respect of the clergy” from mockery or exploitation.

32
Q

What legal protections are extended to women and orphans?

A

The law reaffirms that women and orphans should be “protected” and that legal support for their care, which had previously fallen into disuse, is now “revived.” This reinforces the royal duty to care for the vulnerable.

33
Q

What is the consequence for attempting to buy a position in the priesthood?

A

Anyone who “buys their way” into the priesthood faces “disgrace and punishment.” This law aims to preserve the “sanctity and merit” of the clerical office by preventing corruption and bribery.

34
Q

What are the penalties for committing sacrilege?

A

Sacrilege, including “desecrating temples or stealing sacred items,” is punished with “capital punishment.” This law emphasizes the “sacred relationship” between the monarchy and religion, holding sacrilegious acts in the highest contempt.

35
Q

How did the Assizes of Ariano address feudalism?

A

They limited baronial autonomy by prohibiting private warfare and requiring all vassals to swear direct loyalty to the king.

36
Q

What measures did the Assizes take against corruption?

A

Officials were held accountable for misconduct, with penalties for abuses of power in administrative and judicial roles.

37
Q

What is the penalty for committing treason?

A

Treason results in “capital punishment and the confiscation of all property,” and “sons of traitors are deprived of inheritance.” This reflects the severity of betrayal against the crown, with consequences extending to the family.

38
Q

What does the law say about obtaining knighthood by improper means?

A

Those who acquire knighthood “against the kingdom’s peace or without noble lineage” lose their title. This preserves the “integrity and honor” of the knightly class and prevents the misuse of titles.

39
Q

What happens if public officials embezzle funds or commit fraud?

A

Public officials who embezzle or steal “public funds face capital punishment” unless granted royal clemency. This ensures “accountability and transparency” in governance, reinforcing the seriousness of public trust.

40
Q

What are the punishments for forgery and coining adulterine money?

A

Those involved in “forging documents or coining counterfeit money” face “capital punishment.” This ensures the “integrity of official documents and currency,” protecting the kingdom’s economy from fraud.

41
Q

What does the law require for a marriage to be legitimate?

A

Marriage must be “solemnized with priestly blessing” after betrothal. This ensures that marriages are “in line with Christian doctrine,” providing legitimacy for inheritance and succession rights.

42
Q

What happens when an adulterer and adulteress are both charged?

A

Each should be charged separately, and if the adulterer is found innocent, the woman is freed. If the adulterer is guilty, the woman is accused. The man is tried first, and divorce is always allowed in such cases.
“If both are present then the man shall be tried first.”

43
Q

What punishments are prescribed for madams and mothers who prostitute their daughters?

A

Madams who solicit chastity are punished as adulteresses, and mothers who prostitute their virgin daughters or abandon the bonds of marriage are to have their noses slit. If a daughter prostitutes herself, the matter is left to the judge’s decision.
“For it is cruel and inhuman for them to sell the chastity of their own offspring.”

44
Q

What is the punishment for violating another’s marriage?

A

If a baron violates the marriage of another, they are to be deprived of all their property. A husband who catches his wife in adultery may kill both her and the adulterer, provided it is done immediately. The Crime of Passion card.
“We hold him punishable if he should presume to violate the marriage of a fellow and neighbour.”

45
Q

What is the penalty for intentionally cutting off someone’s beard?

A

If someone intentionally cuts off another’s beard, they face a fine of six golden royal solidi. If it happens during a fight without prior planning, the fine is reduced to three solidi.
“If any ordinary person be deliberately and intentionally deprived of their beard, then those convicted of having done this shall have the following penalty imposed, namely a fine of six golden royal solidi.”

46
Q

How should judges handle cases involving curiales (officials or the ruling class)?

A

Judges must consider the dignity of curiales and impose sentences based on the quality of the persons involved, with the injury seen as an offense to royal dignity.
“Judges should most diligently observe that they consider the dignity of curiales in any case of injury.”

47
Q

What happens if someone without proper approval practices medicine?

A

A person who practices medicine without undergoing examination by officials will be imprisoned and have their property confiscated.
“Whoever in the future desires to become a physician should present himself to our officials and judges, for an examination according to their judgement.”

48
Q

What is the punishment for someone who sells a free man?

A

The person who sells a free man shall have the victim redeemed, and the kidnapper becomes a slave to the court. If the victim cannot be redeemed, the kidnapper is handed over as a slave to the victim’s parents, and their property is seized.
“Whoever knowingly sells a free man shall be subject to this legitimate penalty, that the person sold shall be redeemed from his property.”

49
Q

What happens if a child or madman kills someone?

A

A child or madman who kills without evil intent is not held accountable.
“If a child or madman shall kill a man without evil intent, he shall not be held accountable.”

50
Q

What happens if a judge receives money and gives a false verdict?

A

The judge faces capital punishment if they accept money and issue a false verdict, while fraudulent sentencing leads to the loss of judicial authority and confiscation of property.
“If a judge fraudulently and deceitfully hands down a sentence contrary to the laws, then he shall lose his judicial authority without hope of recovery.”

51
Q

How did the Assizes influence judicial procedures?

A

They established royal courts as the highest legal authority and standardized legal processes across the kingdom.

52
Q

How did the Assizes of Ariano deal with criminal law?

A

They introduced consistent penalties for crimes such as theft, murder, and treason, emphasizing the king’s role as the arbiter of justice.

53
Q

Why were the Assizes considered a landmark in medieval legal history?

A

They were among the earliest examples of a codified legal system in Europe, influencing later legal developments.