A Ninth Century Treatise on the Law of Trusts

Editorial Reviews. About the Author. Professor Gilbert Verbit is a retired professor of law. Buy A Ninth Century Treatise on the Law of Trusts: Read Kindle Store Reviews - leondumoulin.nl
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Finally, the text has a notably defensive tone. The possibility that witchcraft could distort the outcome is acknowledged this was something that bothered Hincmar too. And the text ends with the assertion that the ordeal was devised by God, had been confirmed by papal sanction, and was to be used instead of alternative procedures, such as swearing an oath on the high altar. Clearly whoever wrote down this text was aware of contemporary criticisms — and that attack is the best form of defence!

But a very similar ordeal text was present in a manuscript that was almost certainly made by Hincmar c. This manuscript is now lost BUT the ordeal text happily survives in an early modern transcription in Duchesne 64, at f. For all the details, see R.

FIDUCIARY OWNERSHIP AND TRUSTS IN A COMPARATIVE PERSPECTIVE

Lambach, Stiftsbibliothek Codex The picture comes from the Stuttgart Psalter , a marvellously-illuminated ninth-century book that is now as its name suggests in Stuttgart, but that was originally made in Paris, at the monastery of St-Germain-des-Pres you can see the whole manuscript here. The picture accompanies Psalm 45 Psalm 44 in the Vulgate , and shows a king and queen embracing. But we also chose this picture because the manuscript it comes from has some connections to our translation. The abbot of the monastery when it was made was a man called Hilduin: Perhaps Hilduin might even have proudly showed the freshly painted manuscript to the young Hincmar.

In any case, we like to think that a thin smile might have played across the lips of the austere archbishop of Rheims if he could see our book cover, mainly because of the watching angel. That meant that they were constantly being watched, both by their subjects and by God, who would condemn them more harshly for their lapses than mere ordinary sinners.

Frankish Law | Turbulent Priests

Perhaps he took the Stuttgart Psalter with him, which would explain how it ended up in Germany. But we suspect that unlike Archbishop Hincmar, the king would not have been remotely amused by our use of this particular image for a text about his divorce. The psalm that the picture illustrates in the manuscript is a song of triumph to accompany a magnificent royal wedding. It promises the king a happy and glorious reign, and that his sons will succeed him as rulers. Unfortunately, this is more or less the opposite of what actually happened to King Lothar II, with enormous consequences for himself, his family including his wives Theutberga and Waldrada , his kingdom, and indeed for Europe as whole — consequences that our new book explores.

Sitting at the public court, and investigating the justice of Saint Remi and of the already mentioned lord [Hincmar], they heard a rumour [ sonus ] about the mancipia [1] whose names are given below, and about their genealogy: The above-mentioned legates, when they heard this, diligently looked into the matter. These are the names of those who were present and questioned: The already mentioned legates asked if there was anyone there who knew the truth of this matter or who wanted to prove it.

Then very old witnesses came forward, whose names are these: Then the legates asked if the witnesses against them were telling the truth. They [the mancipia ] saw and accepted the truth and proof of the matter, and at once re-entrusted themselves, and re-pledged the service that had been unjustly held back and neglected for so many days, through the judgement of the scabini [5] , whose names are these: I Sigloard the priest was present and subscribed with my own hand to all these truthful matters.

I Heronod the chancellor signed. I Dodilo signed with my own hand. Sign of Leidrad the monk. Sign of Adroin the mayor.


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Sign of Gozfred the advocate. The above mentioned witnesses also proved that Teutbert and Blithelm were by origin servi , and they repledged their service in that court meeting, by the judgement of the scabini whose names are written above. It is to be noted that many of them were joint tenants of holdings along with people of free status, which may well be why they claimed that they were free too.


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The exemption of clerics from secular jurisdiction presented powerful men and women of the laity with a challenge right through the Middle Ages. Did you just have to grin and bear it? Sometimes 9th-century priests were physically attacked and even maimed in these circumstances, but Anselm chose a different, subtler tactic. Now, the normal procedure in these circumstances in 9th-c.

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Unfortunately for Anselm, Archbishop Hincmar seems to have smelled a rat. With his exacting standards, Archbishop Hincmar might not have been the easiest of bishops to work under, but in this case, thanks to a little judicious flexibility, he came up trumps.

Kundrecensioner

And he [Hincmar] encouraged and exhorted that he [Anselm] should expel from his heart all the rancour which had had against the priest from his heart, showing how bad it was to retain hatred in his heart. And he forbade by the authority of God and His saints that he [Anselm] should carry out any prejudice or machination against the priest; for if he did this, he [Hincmar] would carry out his office ministerium. And he also requested that he [Anselm] should do justice to God and to him about his men, who had dared to inflict injuries upon the priests and witnesses of the already mentioned priest.

For if he [Anselm] did not do this, he [Hincmar] would carry out his office ministerium about them too. Thus may God help me through these holy relics.

Passar bra ihop

The letter is undated, so could have been written any time between and , when Hincmar was archbishop. The Latin text is here. In , an archbishop of Rheims called Hincmar was asked whether a king, Lothar II, could divorce his wife, Theutberga, and marry someone else. Hincmar tackled this hint by quoting St Augustine of Hippo. The law of the Roman Empire and of the Old Testament both permitted a husband to execute his adulterous wife, while Christian morals taught that a husband could not marry again while his wife was still alive. It would obviously be best for a husband neither to kill his wife nor to marry again while she was alive: That all seems perfectly clear.

Augustine thought in paragraphs, not sentences, and Hincmar ended his quotation before Augustine had concluded that in fact, it would be better to marry again than to spill blood, no matter what the law said see below for the full Augustine text.

A Ninth Century Treatise on the Law of Trusts

See the picture above for the text. It might be scribal error, but it does seem a rather convenient one. That is to say [Augustine: If it is permitted ], it is better that he should restrain himself from both, that is the permitted punishment for she who has sinned, and from an illicit marriage while she is alive.

A Treatise on the Law of Trusts and Trustees Volume 1

But if he insists on choosing one, it is better for him to do what is allowed, so that the adulteress may be punished, than to do that which is not allowed, that while she is alive he commits adultery. For since both things are illicit according to the law of Christ, that is to kill an adulterous wife or to marry someone else while she is still alive, both should be refrained from, rather than doing the illicit for the illicit.

But if he must do what is not allowed, let him commit adultery and not murder, so that he shall marry someone else while his wife is still alive and not shed human blood. And in this case, a price has been paid. Like the graffiti says: A post by Dr Rachel Stone. Here is its text, with my translation below: As above From the Council of Nantes The apostle says: Report with Evidence 6th Report of Session —10 See also Waters n 48 —1; Cameron et al.

Compare McAuley n 93 — Emerging Asian Principles of Trust? Scope, Application and Preliminary Principles Hart And Now for Something Completely Different? Mainspring, Or Only a Cog, in the French fiducie? See also n and accompanying text. The Hague Trusts Convention with 12 signatories is relatively successful, compared with the Hague Agency Convention with only four signatories from civilian jurisdictions—ie Argentina, France, the Netherlands and Portugal , which suggests a general unwillingness of States, especially in the common law tradition, to recognize and enforce agency relationships internationally.

That same reticence is not present in the case of trusts, though. It is also, in Western culture, the most important legal conception. I wish to thank the anonymous reviewers for their insightful comments and also the participants in comparative law seminars at the Max Planck Institute, McGill University and the University of Cambridge in which earlier drafts of this article were presented and discussed.