preview

Roberts Vs Guines

Decent Essays

Law in the middle Ages was ambiguous, oaths, ordeals and ‘Judgments of God’ were considered to be equivalent to law. There was no formal hierarchy of courts or assemblies, disputes were often settled by collective judgement lead by a group of men from the highest status in the community. The legal disputes in both sources reflect the unprofessional law in medieval Europe.

The history of the Counts of Guines and Lords of Ardres, a genealogy produced in Flanders during the Middle Ages, provides an account of the medieval aristocratic family, which Lambert of Ardres began writing in 1190s but did not complete it until around 1206. His interpretation of Count Rainier as a lord who “rampaged among his people beyond what lords customarily do,” …show more content…

Unlike Lamberts account, which results in violence and improper exercise of power, in Bernard the dispute was attempted to be resolved twice via collective judgment. For example, when the parties failed to reach an agreement in Conquest, proceedings moved to the manor before a court. Stephen D. White argues: “fighting and talking was an alternative method of dispute processing” this provides that the dispute in Bernard’s account was attempting to establish what was right or wrong, whereas Lambert’s text provides an account of a wealthy count who posses the power to enforce laws that he cared about, so much that the counts “ judges feared him beyond measure…preferred to obey tyrannical orders rather than …show more content…

This is particularly because the death of Pons by a “lightening from heaven” after his declaration of settling the matter in a dual against the monks was perceived as a “divine justice” for the monks and Sainte Foy. Bernard portrays that the judgement of God was the highest form of law. However, it is important to consider that Bernard was a cleric, who went to Conques in order to write the miracles of Sainte-Foy, one can therefore accept his strong opinion of “divine justice” towards the supernatural vengeance as being biased. White argues that miracle stories, which he calls “monastic vengeance scripts” were used by monks to threaten anyone who attempted to take away the inheritance of a saint. This is true in the case of Lambert’s genealogy as the “old man” tells the story of count Rainer which serves as a warning to “unjust” and “evil men” as an attempt to prevent the actions of the count repeating. Although the death of Count Rainier in Lambert was also seen as a “judgement of God”, unlike Bernard’s account it was not a consequence of a particular legal dispute but rather due to his cruel exercise of power over his subjects. The source based on Lamberts account of events can be interpreted as being unreliable as “Genealogies often seems to have been prompted by the necessity of legitimising some power or authority” , this shows that Lambert was writing with

Get Access