El sistema financiero a finales de la Edad Media: instrumentos y métodos. AAVV

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El sistema financiero a finales de la Edad Media: instrumentos y métodos - AAVV


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we can to explore in a little more detail cases involving relatively large sums of capital of this kind and consider the implications of such cases for the wider context of credit extension and debt litigation in the medieval village in the later thirteenth and early fourteenth century.

      As already discussed, individual litigants, estate officials and attorneys, could have significant influence upon the nature and process of litigation conducted in the manor court, especially during a period when the manorial court as a jurisdictional entity was evolving and at the same time as were common law courts. Just as in other periods, when lords were prepared to respond to external influence and to adjust their modes of dealing accordingly, so we can see lords in the later thirteenth and early fourteenth century allowing their courts to be moulded to suit the needs to litigants and, especially, wealthy and relatively powerful litigants capable of dealing in relatively large sums of money. We can test this proposition further here by consider the introduction of external forms of dealing at law into the manor court.

      Much that passed as litigation in the manor courts of the later thirteenth and early fourteenth centuries responded to patterns and developments also evident in common law courts of the same period. So, for instance, the appearance and development of discrete forms of action, insistence on correct pleading, rules as to the use of particular proofs and so on, responded to and reflected, sometimes with a degree of local colour, conventions and forms also evident in the emergent case law in central common law courts. There remains much potential work to be done in exploring the chronology as well as the direction of flow in such relationships; the assumption is, and it is implicit in much that is written here, that legal development commenced in central courts and was subsequently adopted, sometimes in suitably modified form, in local and seignueurial courts; while this is most likely to have been the case, it is also possible to suggest movement in the opposite direction, an emerging process of law finding favour in local courts before transferring to more central courts. In the final part of this discussion, as an example of transmission of law into the manor court, we can consider the ways in which external plaintiffs and creditors often brought their own expectations of law and process into the manor court and, most especially, sought to apply merchant law, lex mercatoria, within the private jurisdiction of the seigneury.


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