W. Ullmann, ‘The Medieval Papal Court
as an International Tribunal’, Virginia Journal of
InternationalLaw , 11 (1971), repr. in his The Papacy
and Political Ideas in the Middle Ages (London, 1976),
Gillingham, Richard I , 123
symbolised the maintenance of a new situation. See Introduction,
Pascua similarly notes that treaties were
backed not by internationallaw 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 InternationalLaw , 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
Pursuing enemies to death in France between the ninth and the eleventh centuries
, once thought of as the oldest textbook of internationallaw, 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 InternationalLaw , 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 internationallaw 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