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Chapter 2 - Justice in the Interests of Lords

from Part 1 - Seigneurial Justice in Practice

Published online by Cambridge University Press:  12 September 2012

Jeremy Hayhoe
Affiliation:
Université de Moncton, New Brunswick, Canada
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Summary

I have been occupied with reading all of the papers of those who have held this position over the past three centuries, to enlighten myself of all the rights attached to your barony, so that in the event that your Highness grants me the favor of this office, I will be in a condition by my own knowledge to maintain all your rights, to which I will give all my attention so that nothing is done contrary to your interests.

–Letter from a lawyer to the baron of Pagny, seeking to be named judge in the barony, 1727

Judges, prosecutors, and clerks in seigneurial courts were trained professionals who understood the law. The problem with seigneurial courts was not that the officers that ran them were unqualified but that they were employees of a lord. Before hiring a judge, procureur d'office, or clerk, a lord would need to be assured that he would work hard to protect his rights. While court cases involving the seigneur or one of his representatives always formed a small proportion of cases that seigneurial judges heard, the lord's judicial officers nevertheless played an integral role in the maintenance of the seigneurial system. Seigneurial justice efficiently and relatively cheaply protected the interests of lords. Judges, procureurs d'office, and clerks participated actively in the running of the seigneurie, on their own initiative seeking out peasants who had failed to pay.

Type
Chapter
Information
Enlightened Feudalism
Seigneurial Justice and Village Society in Eighteenth-Century Northern Burgundy
, pp. 45 - 60
Publisher: Boydell & Brewer
Print publication year: 2008

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