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Legal Definitions - basse justice

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Definition of basse justice

Basse Justice refers to a historical legal right held by a feudal lord, allowing them to personally preside over trials and administer justice for minor offenses committed within their domain.

In the feudal system, lords held significant power over the people living on their lands. Basse justice specifically granted them the authority to act as judge in cases involving less serious crimes or disputes, such as petty theft, minor assaults, or breaches of local customs. This was distinct from "haute justice," which involved more serious crimes like murder or treason, often reserved for higher authorities or royal courts.

Here are some examples illustrating basse justice:

  • Imagine a medieval village where a peasant is accused of stealing a few chickens from a neighbor's coop. Instead of the case going to a distant royal court, the local lord of the manor would gather the parties, hear the accusations and defenses, and then issue a judgment, perhaps ordering restitution or a small fine. This scenario demonstrates basse justice because the lord is personally trying a person for a minor offense (petty theft) within their feudal territory.

  • Consider a dispute between two tenant farmers over the exact boundary of their fields, leading to a minor altercation but no serious injury. The lord, as the ultimate authority over the land and its inhabitants, would convene a small hearing. He would listen to both sides, perhaps consult with village elders, and then dictate a resolution to settle the boundary and prevent further conflict. This illustrates basse justice as the lord is resolving a localized, minor civil dispute that falls under his immediate jurisdiction.

  • Suppose a serf repeatedly failed to participate in the communal labor required by the lord, such as repairing a bridge or clearing a path, which was a breach of local custom and feudal obligation. The lord might summon the serf, hear their excuses, and then impose a penalty, such as extra labor or a small forfeiture, to ensure compliance with the community's rules. This is an example of basse justice because the lord is personally adjudicating a minor infraction against local order and custom within his domain.

Simple Definition

Basse justice, meaning "low justice" in Law French, was a historical feudal right.

It allowed a lord to personally preside over trials and administer justice for minor offenses committed within their domain.

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