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Royal Justice, Freedom, and Comital Courts in Ottonian Germany

Royal Justice, Freedom, and Comital Courts in Ottonian Germany AbstractThe free population of the early medieval German kingdom largely has disappeared from the historiographical tradition due to the influence of the New Constitutional History and its contemporary intellectual successors. One important result of this writing out of history of the free has been a thorough distortion of the roles and purposes of the royal government, and the relationship between the ruler and his free subjects. This essay seeks to redress this imbalance by identifying the king’s obligations to his free subjects, particularly in the areas of law and justice. The focus of the study is on the role played by counts, as royal officials, in providing a forum for the free to adjudicate their legal disputes and to obtain justice for injuries that they had sustained. A thorough investigation of the Ottonian period reveals that comital courts continued to function throughout the tenth and early eleventh century as venues for royal justice in a manner thoroughly consistent with the institutions of Carolingian East Francia. http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Zeitschrift der Savigny-Stiftung für Rechtsgeschichte: Germanistische Abteilung de Gruyter

Royal Justice, Freedom, and Comital Courts in Ottonian Germany

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Publisher
de Gruyter
Copyright
© 2020 Walter de Gruyter GmbH, Berlin/Boston
ISSN
0323-4045
eISSN
2304-4861
DOI
10.1515/zrgg-2020-0001
Publisher site
See Article on Publisher Site

Abstract

AbstractThe free population of the early medieval German kingdom largely has disappeared from the historiographical tradition due to the influence of the New Constitutional History and its contemporary intellectual successors. One important result of this writing out of history of the free has been a thorough distortion of the roles and purposes of the royal government, and the relationship between the ruler and his free subjects. This essay seeks to redress this imbalance by identifying the king’s obligations to his free subjects, particularly in the areas of law and justice. The focus of the study is on the role played by counts, as royal officials, in providing a forum for the free to adjudicate their legal disputes and to obtain justice for injuries that they had sustained. A thorough investigation of the Ottonian period reveals that comital courts continued to function throughout the tenth and early eleventh century as venues for royal justice in a manner thoroughly consistent with the institutions of Carolingian East Francia.

Journal

Zeitschrift der Savigny-Stiftung für Rechtsgeschichte: Germanistische Abteilungde Gruyter

Published: Aug 25, 2020

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