Medieval Sourcebook:
John of Ibelin:
Account of a Plea, 1198
The earliest documented instance of an appeal to the Assise sur la
ligece.
And I have heard from my lord uncle, the Old Lord of Beirut, that when King
Aimery exiled Sir Ralph of Tiberias from the kingdom of Jerusalem, Sir Ralph requested and
adjured [conjured them, that is, made them promise that they would] his peers that they
maintain his right as [that of] their peer, and that they offered to do right to him in
their capacity as his peers, if there was anyone who sued him for anything in court, and
they offered help in the king's court in the matter with which he was charged; also he
required and summoned and adjured them to come with him before the king. My lord uncle was
one of those whom Sir Ralph adjured, as said above, and he and the other men of the king
went into the court, where Sir Ralph said, 'Sire, you have exiled me from your kingdom
without esgart ["award" = (mesne) judgement] and without verdict [(re)conoissance,
as in the recognitio, by which Glanvill refers to the English jury of recognition.]
of court. You neither ought to nor can do this thing, neither by assize [a reference
surely to the Assise sur la ligece, as elsewhere in John's treatise, or perhaps to
Baldwin's Assise on Confiscation.] nor by custom of this kingdom, so that I want my rights
in your court. And, Sire, I offer in your court to do right, just as I ought by my peers,
if there is anyone who demands anything of me in your court concerning that which you have
accused me of having done against you, if there is any man who will maintain this, from
the meanest man in your realm to the highest. And as much as I offer to do this in your
court, you ought not to exile me from your kingdom without esgart and verdict of
your court. Therefore I require and adjure you as my lord that you should not exile me
from your kingdom, after what I have offered in your court, and that you do me right in
your court as your man, and judge me by the esgart of my peers'.
And since the king was unwilling to take back what he had
said, he [Ralph] required and conjured those peers that they should maintain him in right
as they ought to do, since he was their peer and had offered and would offer in court what
they had heard. And all the men of the king replied that they would do it willingly. And
he thanked them and left the court. And all the men of the king petitioned that the king
should refrain from what he had done, which was to exile their peer, and [told him] that
if he did not do so, and did not judge Sir Ralph by the esgart of his court, then
they would withhold from him, both jointly and severally the service which they owed him,
until he had agreed to their request, and that he should know that they would maintain Sir
Ralph against him, as they ought to since he was their peer. And many great words were
said to the king, and so they left the king and went to Sir Ralph, and they told him that
they had withdrawn from the king their service, and that they offered both jointly and
severally to aid him and to maintain him as their peer in this matter as they ought to.
And he thanked them very much, and said to them that he
would therefore withdraw his request and the summons that he had made to them; that simce
the king was of such a mind against him, then he would not serve him nor would he remain
in his realm for anything that the king could give him and do for him. And he left the
kingdom within the term which the king had given him, and they let drop their withdrawal
of what they had denied the king, because Sir Ralph had withdrawn his request to them, and
the summons with which he had adjured them. And I have heard from my lord uncle, may God
have his soul, that if such a case happens as has been told above as that of Sir Ralph of
Tiberias and King Aimery, that the men of the court ought to do in common as it has been
shown that he and the others did, when King Aimery exiled Sir Ralph from the kingdom of
Jerusalem without esgart and verdict of court.
Source.
Livre de Jean d'Ibelin c. 204, RHC Lois i. 327-8
http://falcon.arts.cornell.edu/~prh3/259/texts/lostlaws.html
© Translation by Paul Hyams of Cornell University. See his home page/copyright page. Prof
Hyams indicates that the translations are available for educational use. He intends to
expand the number of translations, so keep a note of his home page.
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