Chapter 2 - Franco-Germanic Adjudication

Summary

The chapter explores marriage litigation in Northern France and the German-speaking regions. It utilizes a distinction from late medieval Xanten between “simple” and “double” suits. The former pitted claimant against defendant, the latter showed several parties competing for the same partner. The preponderance of simple petitions especially in Germany is indicative of judges passively waiting for litigants to approach them. In fifteenth-century Cambrai and Brussels, the bishop installed a promoter for expert management of the accusations. He served to support persons whose case he found worthwhile or acted as instigator like a modern state attorney. Double proceedings at Cambrai nearly matched the simple ones and considerably outnumbered them at Brussels. Most of the multiparty suits arose when couples had their wedding banns announced in the parish church. At that moment, a person identified as the “opponent” in the sources came forward and objected to the validity of the proposed union. Regardless of the promoter, the courts of the North adjudicated in uniform fashion. They confronted many dozens if not hundreds of marriage cases. A mere handful of them met juristic criteria. The rest would stay within the limits of pastoral concern and lead to certain defeat.