Legal Strategy and Legal Culture in Medieval Jewish Courts of Southern France

AJS Review ◽  
2014 ◽  
Vol 38 (2) ◽  
pp. 375-393
Author(s):  
Pinchas Roth

From the mid-thirteenth century onwards, the rabbinic courts of southern France (Provence and Languedoc) found themselves dealing with an increasing number of cases in which plaintiffs were using the court as leverage in a struggle that was taking place outside the court. This period also saw the first legal advocates appearing in Jewish courts. These two related phenomena point to a shift in Jewish legal culture, part of a move throughout thirteenth-century Mediterranean Europe towards what Daniel Lord Smail has called “consumption of justice.”

2021 ◽  
pp. 1-14
Author(s):  
Julian Baker ◽  
Lale Pancar

Abstract In 1972 a hoard of eight fine silver coins was discovered in or near the baptistery of the basilica of St John in Ayasuluk. It is now conserved at the Ephesus Archaeological Museum in Selçuk. The coins were minted in southern France, southern Italy and on the island of Rhodes, between ca AD 1303 and 1319 or perhaps a little later. Accordingly, a concealment date of ca 1320 or a bit later is proposed. While the currency which they represent (the gigliato) is well known from other finds of the area, the present hoard is relatively early and from a particularly significant location. This currency found great success in commercial contexts in the eastern Aegean and western Anatolia during the period ca 1325 to ca 1370. By contrast, this study reveals two initial phases in the establishment and further dissemination of the gigliato in a concentrated part of western Anatolia, one in 1304 and another before and after ca 1317. On both occasions the Catalans were instrumental in shaping these processes: initially as conquerors on behalf of the Byzantine emperors and then, from their new base in Greece, as allies of the Aydinogullari rulers of Ayasuluk. Additionally, it is proposed that this new gigliato currency might have been minted at Rhodes from the summer of 1319, after which it rapidly reached the Ephesus area in a military context.


2021 ◽  
Vol 9 (1) ◽  
pp. 28-42
Author(s):  
Yevgen M. Luniak ◽  

Objective: A consideration of the problem of imagining the Mongol-Tatar invasion of Europe (1237–1242) led by Batu Khan in the works of French medieval authors from the thirteenth to the sixteenth centuries. Research materials: Edited sources in Latin, French, and Russian, including works by Giovanni di Pian di Carpine, Alberic de Trois-Fontaines, Matthaeus Parisiensis (Matthew Paris), André Thevet, Benoit Rigaud, and Blaise de Vigenère. Results and novelty of the research: The author considers the evolution of the views of French medieval authors on the problem of the Mongol-Tatar invasion of Europe from the appearance of the first information about the conquerors (Alberic de Trois-Fontaines, Matthaeus Parisiensis) to the formation of a scholarly approach to the study of this issue in the research of historians of the sixteenth century. In particular, the author deals with the ways that information about the Mongol-Tatar invasion of the countries of Eastern Europe penetrated into medieval France. Special attention has been paid to the diplomatic mission of Giovanni di Pian di Carpine (1245–1247) to the Mongol Empire and the participation of the archbishop of Rus’, Petro Akerovich, in the First Council of Lyon (1245). The importance of the Mongol issue for the policy of the French Kingdom in the middle of the thirteenth century is noted too. The attempts of the government of Louis IX to establish contacts with the Mongol Khans are analyzed as well. It is concluded that in subsequent times, a significant influx of slaves from Rus’ into the port cities of Southern France, noted in the fourteenth and fifteenth centuries, might be seen as evidence of the destructive nature of Mongol domination on the Rus’ian lands. Particular attention has been paid to the formation of a scholarly approach in French historical thought of the sixteenth century, when researchers such as André Thevet, Benoit Rigaud, and Blaise de Vigenère tried to recreate the picture of the Mongol-Tatar invasion of Europe in the middle of the thirteenth century based on a critical analysis of the sources, thereby laying the basis for the development of this topic’s historiography in France.


1975 ◽  
Vol 44 (3) ◽  
pp. 294-307 ◽  
Author(s):  
Michael Goodich

In the thirteenth century the Roman papacy, despite an outward appearance of strength, faced a severe struggle for survival. Within Catholic Europe itself, the Hohenstaufen and their allies questioned clerical prerogatives and, as a result, often suffered excommunication and anathema. In southern France and northern Italy the alarming growth of heresy threatened to detach a significant area of Europe from allegiance to Rome. Simultaneously, a Mongol army menaced Europe's eastern flank, while the Crusader states were soon to fall again into Moslem hands. In Italy papal involvement in communal politics fanned suspicion and distrust of clerical motives. Within the church itself, debate raged between conservatives and radicals, contemplative and active orders, concerning the best means of combatting these threats while fulfilling the Christian Gospel.


Author(s):  
W.J. Zwalve

AbstractIt is contended in this article that the doctrine of litterarum obligatio, as developed by Jacques de Révigny on the basis of Inst. 3,21, was not inspired by Roman law, but by the 'lettre scellée' of contemporary French customary law. It is also argued, that the English deed is the equivalent of the 'lettre scellée' of medieval French customary law, like the English recognizance is the equal of the publicum instrumentum, the 'lettre de baillie', of French customary law. They were primarily executory instruments, devised to prevent litigation by allowing for executory proceedings to be initiated after a summary hearing in court. They were the products of a legal culture that did not, as yet, recognize national boundaries. Nevertheless, English law was about to break away from its continental origins, by continuing to employ legal expedients, such as the deed, which, on the continent, were beginning to become obsolete, or completely changed in character, on account of the persistent pressure of canon law and Roman law. The demise of the deed on the continent was mainly, if not exclusively, due to the influence of Roman law and canon law, which allowed for parole evidence to defeat any instrument. The persistence of the deed in English law was guaranteed by the fact that it did not allow this to happen.


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