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–3. 41 W. Ullmann, ‘The Medieval Papal Court as an International Tribunal’, Virginia Journal of International Law , 11 (1971), repr. in his The Papacy and Political Ideas in the Middle Ages (London, 1976), 356–78. 42 Gillingham, Richard I , 123
symbolised the maintenance of a new situation. See Introduction, 3. 40 Pascua similarly notes that treaties were backed not by international law but ‘by divine providence through the eyes and testimony of those who were present at the event’. Pascua, ‘Peace among Equals’, 196. An
presbiteris criminosis , p. 96, c. 25; also in Y and D . 107 Brev. Paul. 5.5.3 in Antwort der Bischöfe , MGH Conc. IV, p. 558, c. 8. 108 See above, n.96. 109 F. R. Herrmann and B. M. Speer, ‘Facing the accuser: ancient and medieval precursors of the confrontation clause’, Virginia Journal of International Law , 34 (1993–94), pp. 481–552 at 499–503. 110 Opusculum LV capitulorum , p. 267, c. 28; cf. De presbiteris criminosis , pp. 101–2, c. 28
, once thought of as the oldest textbook of international law, the fourteeenth-century author, Honoré Bonet, observed that, ‘by written law, good custom and usage, and between Christians great and small, there exists the custom of commonly taking ransom one from another’. This he explicitly contrasted with what he perceived to be the situation in antiquity. ‘Nowadays we have abandoned the ancient rules
accuser: ancient and medieval precursors of the confrontation clause’, Virginia Journal of International Law , 34 (1993–94), 481–552. 6 H. Schrörs, Hinkmar, Erzbischof von Reims: sein Leben und seine Schriften (Freiburg im Breisgau, 1884) [hereafter Schrörs, Hinkmar ]; J. Devisse , Hincmar, archevêque de Reims, 845-882 , 3 vols (Geneva, 1975–76) [hereafter Devisse, Hincmar ]. 7 On the overlap of such issues, see e.g. Hincmar’s letter to Nicholas I cited below, p. 13. 8 On his family, see Schrörs, Hinkmar , pp. 9–10; Devisse, Hincmar , II, pp. 1096
the prerogative courts (notably the courts dealing with Admiralty and Chivalry business), in international law and in Anglo-Scottish border law. 34 As was suggested above, within the different jurisdictions there were considerable overlaps and mutual benefits as well as elements of competition and exclusivity. The Court of Chivalry, for instance, was censured in fourteenth-century parliamentary