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.120 Thecontinued making or confirming by kings of grants of property to beheld in  undisturbed or  quiet and secure order, quiete ab omniseculari accione, the pleading of such grants in the courts,121 and thesurrendering of property by parties to English land-transactions  quit ofany claim, all testified to the debt of European land law to the legalprocedures developed by the Franks.The declaration by justices inmedieval England that those found not guilty of injuries might go indequieti shows that criminal law owed a similar debt.122Concepts of order widened from the sphere of land-tenure to theregulation of a hierarchy of courts: the royal palace, hearings beforemissi dominici, and the mallus presided over by the count, or hismissus, or a centenarius (cf.the English hundredman).123 The courts ofchurchmen were also enjoined by the king to work for the Christiancommonwealth as a whole.To conduct their courts and hold inquisi-tions, ecclesiastical lords were to have lay  advocates who knew the lawand loved justice; and in the public courts bishops were  to stand withcounts and counts with bishops, so that each might better fulfill hisministry.124 In the remedying of serious personal injuries the feudremained dominant, but even the feud was circumscribed in its opera-tion by Carolingian order.There were already Merovingian indiculaordering compensation for assault and robbery, and procedures forclearing oneself of a charge of homicide and the necessity of paying120For examples, see Formulae, p.174.5; I Placiti del  Regnum Italiae , i.150.10; Pollockand Maitland, History of English Law before the Time of Edward I, ii.52 (for the equationof the sine judicio of Henry II s assize of novel disseisin with the canonists absque ordineiudiciario), 91, 187.121Diplomata.Merowingica, 29.14 (.ut absque ullius impugnatione forestariorumvel cuiuslibet personae liceat ipsam familiam Dei quieto ordine residere ); Capitularia, i.15.31( inconcusso iure =  ordine inconcusso ); Actes de Charles II Le Chauve, i.6.11 (.quietetenere ac defendere legaliter in omnibus mundanis actionibus ac querelis ); Recueil des Chartesde L Abbaye de Cluny, 6 vols.ed.A.Bruel, Collections des documents inédits sur l histoire deFrance (Paris, 1876 94), i.56, 75, 80 (.quiete et securo ordine possidere valeat absqueullius contradictione ), 128, 380, 382, 384; The Acts of Malcolm IV King of Scots 1153 1165,ed.G.W.S.Barrow, Regesta Regum Scottorum 1 (Edinburgh UP, 1960), 207 (.quietas abomni seculari exactione ), 209 (.quiete ab omni seculari accione ); Recueil des Actes deCharles III le Simple Roi de France (893 923), ed.F.Lot and P.Lauer, 2 vols., Chartes etDiplomes relatifs a l histoire de France (Paris, 1949), 28.9.122Niermeyer, lexicon minus, and Revised Medieval Latin Word-List, prepared byR.E.Latham (British Academy: London, 1965), s.v.quietus.123Royal orders in the Formulae Imperiales are regularly addressed episcopis, abbatibus,comitibus, gastaldiis, vicariis, centenariis, clusariis seu etiam missis nostris discurrentibus: e.g.Formulae, 230.14, 302.14, 309.2, 232 3 etc.; Ganshof, The Carolingians and the FrankishMonarchy, 91, 114, 147 8, 150, 151, 257.124Capitularia, i.93 (13), 158.33; Arnolfi Diplomata, 115.4 (.ut advocatus predictiepiscopi illos ad manum nostram inquireret ); Ganshof, The Carolingians and the FrankishMonarchy, 64, 114; J.M.Wallace-Hadrill, The Frankish Church (Oxford UP, 1983), 261.38 Frankish and Anglo-Saxon Justicecompensation.Charlemagne and Louis the Pious tried to compel thepeaceful settlement of feuds and to keep apart kinsmen who would notgive or receive compensation.At the same time the feud was beingreplaced in a more fundamental way by the prescription of death, withno possibility of redemption, for perpetrators of treason, rape, andkilling  without cause.It was still necessary to forbid feuds againstofficials who killed thieves.125 the state of the realmThe practical application of the royal law-giving of the Franks andAnglo-Saxons, and the effectiveness of their legal order should not beexaggerated.As Patrick Wormald argues, the ancient law-codes ofthe Frankish people were largely  inert symbols of their empire andhistorical identity, and the erratically preserved Anglo-Saxon  legis-lation , waxing and waning with the  imperial consciousness of Englishkings, was never cited in the legal hearings of which we have record.Inlaw-codes was a nation s history: the structure of a  state was to befound in the institutions and procedures by which the king did justice tohis people, and the first expressions of ideas about the state of the king-dom are in royal charters and the administrative orders such as aregathered in Frankish capitularies.126From Merovingian times kings granted lands and immunities tochurchmen to reside upon  in quiet order , praying for  the stability ofthe realm.127 And, as the Church proclaimed at the Council of Paris in829,  equitable judgments established the realm and injustice over-turned it : per iustitiam stet regnum.128 It was surely churchmen whofirst used the Roman lawyer s status as a synonym for stabilitas, andtranslated status reipublicae ( the state of the republic ), which forCicero had been contained chiefly in the decisions of its courts, intoregni pax et status.129 In 761, Pope Paul I founded a monastery inmemory of two of his predecessors, where prayers were to be said forthe  extension and stability of the commonwealth [rei publicae] and alsothe salvation of all faithful Christians ; and at about the same time thebishop of Bourges ordered the tithing of his servants,  for the sake of the125Formulae, 22, 60 1; Capitularia, i.16 (4, 5), 51 (21, 22), 70 (31), 72 (9), 97 (32),104 (42), 148 (1, 2), 201 (4), 217 (7), 284 (13), 290 (12); ii.107 (1), 272 (5), 336 (10), 343 4(3).126Wormald, The Making of English Law: King Alfred to the Twelfth Century, 45, 49, 417.127Diplomata.Merowingica, 29.14; Formulae, 46.20, 171.25, 200.25.128Concilia Aevi Karolini, I (i), 654.129Ibid., I (i), 67.9; Formulae, 421.29 and note (e); Cicero, De Republica, 1.25 [ Pobierz caÅ‚ość w formacie PDF ]