The right of jurisdiction seems to have been so inherent to the right of property, that a landed proprietor could always put an end to feuds and personal quarrels, could temporarily bring any lawsuit to a close, and, by issuing his ban, stop the course of the law in his own immediate neighbourhood--at least, within a given circumference of his residence. This was often done during any family festival, or any civil or religious public ceremony. On these occasions, whoever infringed the ban of the master, was liable to be brought before his court, and to have to pay a fine. The lord who was too poor to create a court of sufficient power and importance obtained assistance from his lord paramount or relinquished the right of justice to him; whence originated the saying, "The fief is one thing, and justice another."

The law of the Visigoths speaks of nobles holding local courts, similar to those of the official judge, count, or bishop. King Dagobert required the public and the private judges to act together. In the law of Lombardy landlords are mentioned who, in virtue of the double title of nobles and judges, assumed the right of protecting fugitive slaves taking shelter in their domains. By an article of the Salie law, the noble is made to answer for his vassal before the court of the count. We must hence conclude that the landlord's judgment was exercised indiscriminately on the serfs, the colons, and the vassals, and a statute of 855 places under his authority even the freemen who resided with other persons.

From these various sources we discover a curious fact, which has hitherto remained unnoticed by historians--namely, that there existed an intermediate legislation between the official court of the count and his subordinates and the private courts, which was a kind of court of arbitration exercised by the neighbours (vicini) without the assistance of the judges of the county, and this was invested with a sort of authority which rendered its decisions binding.

[Fig. 297.]--The Emperor Charlemagne holding in one hand the Globe and in the other the Sword.--After a Miniature in the Registers of the University of Paris (Archives of the Minister of Public Instruction of the University). The Motto, In scelus exurgo, sceleris discrimina purgo, is written on a Scroll round the Sword.

Private courts, however, were limited in their power. They were neither absolutely independent, nor supreme and without appeal. All conducted their business much in the same way as the high, middle, and lower courts of the Middle Ages; and above all these authorities towered the King's jurisdiction. The usurpation of ecclesiastical bishops and abbots--who, having become temporal lords, assumed a domestic jurisdiction--was curtailed by the authority of the counts, and they were even more obliged to give way before that of the missi dominici, or the official delegates of the monarch. Charles the Bald, notwithstanding his enormous concessions to feudalism and to the Church, never gave up his right of final appeal.

During the whole of the Merovingian epoch, the mahl (mallus), the general and regular assembly of the nation, was held in the month of March. Persons of every class met there clad in armour; political, commercial, and judicial interests were discussed under the presidency of the monarch; but this did not prevent other special assemblies of the King's court (curia regalis) being held on urgent occasions. This court formed a parliament (parlamentum), which at first was exclusively military, but from the time of Clovis was composed of Franks, Burgundians, Gallo-Romans, as well as of feudal lords and ecclesiastics. As, by degrees, the feudal System became organized, the convocation of national assemblies became more necessary, and the administration of justice more complicated. Charlemagne decided that two mahls should be held annually, one in the month of May, the other in the autumn, and, in addition, that in each county two annual plaids should meet independently of any special mahls and plaids which it should please him to convoke. In 788, the emperor found it necessary to call three general plaids, and, besides these, he was pleased to summon his great vassals, both clerical and lay, to the four principal feasts of the year. It may be asserted that the idea of royalty being the central authority in matters of common law dates from the reign of Charlemagne ([Fig. 297]).

The authority of royalty based on law took such deep root from that time forth, that it maintained itself erect, notwithstanding the weakness of the successors of the great Charles, and the repeated infractions of it by the Church and the great vassals of the crown ([Fig. 298]).

The authoritative and responsible action of a tribunal which represented society ([Fig. 299]) thus took the place of the unchecked animosity of private feuds and family quarrels, which were often avenged by the use of the gibbet, a monument to be found erected at almost every corner. Not unfrequently, in those early times, the unchecked passions of a chief of a party would be the only reason for inflicting a penalty; often such a person would constitute himself sole judge, and, without the advice of any one, he would pass sentence, and even, with his own sword or any other available instrument, he would act as his own executioner. The tribunal thus formed denounced duelling, the pitiless warfare between man and man, and between family and family, and its first care was to protect, not each individual man's life, which was impossible in those days of blind barbarism, but at least his dwelling. Imperceptibly, the sanctuary of a man's house extended, first to towns of refuge, and then to certain public places, such as the church, the mahlum, or place of national assemblies, the market, the tavern, &c. It was next required that the accused, whether guilty or not, should remain unharmed from the time of the crime being committed until the day on which judgment was passed.

[Fig. 298.]--Carlovingian King in his Palace personifying Wisdom appealing to the whole Human Race.--After a Miniature in a Manuscript of the Ninth Century in the Burgundian Library of Brussels, from a Drawing by Count Horace de Vielcastel.

[Fig. 299.]--The Court of the Nobles.--Fac-simile of a Miniature in an old Poetical Romance of Chivalry, Manuscript of the Thirteenth Century, in the Library of the Arsenal of Paris.