International Medieval Society, Paris
Société Internationale des Médiévistes, Paris

Symposium 2009 - Space/l'Espace
Abstract

Space in medieval law courts is often presented as static and fixed, projecting the image of the eternal. This space, however, was constantly challenged throughout the thirteenth century. While lords claimed jurisdiction over bodies, these claims could be disputed on territorial, personal or jurisdictional bases. Meanwhile, the king expanded his legal authority by sending his own justices out into various realms of France to hear appeals and specifically ‘royal’ cases. At the same time, doctors of the ius utrumque imported their new learning into the realm of dispute resolution.

This paper will examine how legal space was created and imbued with meaning by examining a thirteenth century treatise of customary law, or coutumier. Focusing on the Établissements de Saint Louis, compiled around 1272, I will examine claims of jurisdiction as claims to space in the customary law of Touraine, Anjou, and the Orléanais.

Jurisdiction is the center of the authority, power and ability to administer justice. It imbues legal space with meaning and identity. The Établissements and its manuscript tradition display the fluid identity of jurisdictional space. We can see that the territoriality of the text itself was not necessarily fixed, Jurisdiction over subject matter and specific people was contested in a series of claims and counter-claims, while the language of law was looking to find its form. In essence, the Établissements shows knowledge tied to place being contested and its imaginary reshaped by jurisdictional claims.