One of the great duties of a high seigneur is to render justice. It is for that (say learned men) that God grants to him power over thousands of villeins and the right to obedience from nobles of the lower class. Indeed, it can be written most properly that a good baron "is bound to hear and determine the cause and pleas of his subjects, to ordain to every man his own, to put forth his shield of righteousness to defend the innocent against evildoers, and deliver small children and such as be orphans and widows from those that do overset them. He pursues robbers, raiders, thieves, and other evildoers. For this name 'lord' is a name of peace and surety. For a good lord ceaseth war, battle, and fighting, and reconciles men that are at strife. And so under a good, strong, and peaceable lord, men of the country are safe."
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.
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.
High and Low Justice
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.
Even the lesser sires have "low justice," with the privilege of clapping villeins in the stocks, flogging, and imprisoning for a considerable time for minor offenses; and robbers caught on their lands in the act of crime can be executed summarily. But serious cases have to go to the court of the baron as high justiciar, as well as all the petty cases which have arisen on that lord's personal dominions. If the litigants are peasants, the wheels of justice move very rapidly. There is a decided absence of formalities.
A great many disputes go before the provost's court, presided over by Sire Macaire, a knight of the least exalted class, who is Conon's "first provost." We shall see later how the baron's provosts practically control the life of the peasants.[47] One of Sire Macaire's main duties is to chase down offenders, acting as a kind of sheriff, and after that to try them. Among the brawling, brutal peasantry there is always a deplorable amount of crime. The seigneury has been blessed with a comparative absence of bandits, but ever and anon a Pontdebois merchant gets stripped, a girl is carried off into the woods, or even the body of a traveler is found by the roadside. All this renders Sire Macaire's office no sinecure.
Small penalties are handed down every day, but more serious matters must wait for those intervals when Messire Conon calls his noble vassals to his "plaids" or "assizes." Every fief holder is expected to come and to give his lord good counsel as to what ought to be done, especially if any of the litigants are noble, and also to give him material aid, if needs be, in executing the decision reached.[48] This last is very important, for if a fief holder is dissatisfied with a verdict, he has a technical right to declare the decision "unjust" and demand that it be settled by "ordeal of battle"—the duel not being between the defeated suitor and his adversary, but between this suitor and his judge!
All men know of what happened (according to the "Song of Roland") in the case of the traitor Ganelon. This scoundrel, who had betrayed his suzerain Charlemagne and had caused the brave Roland's death, was seized by the emperor, but he demanded "judgment by his peers." Charlemagne could not deny this claim. He convoked the high barons, whereupon Lord Pinabel, Ganelon's kinsman, announced that "he would give the lie with the sword" to any seigneur who voted for punishment. All the barons were afraid. Pinabel was a mighty warrior. They reported an acquittal to Charlemagne. The mighty emperor raged, but felt helpless until he discovered the brave knight Thierry of Anjou, who boldly asserted that "Ganelon deserves death."