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188 L A W GLOSSARY. by a fine of twenty-five asses, or pounds of brass. But if the injury was more atrocious, as, for instance, if any one deprived another of the use of a limb, (si membrum rapsit, i. e. ruperit,) he was punished by retaliation, \talione,) if the person injured would not accept of any other satisfaction. If he only dislocated or broke a bone, he paid three hundred asses, if the suffer er was a freeman ; and one hundred and fifty, if a slave. Gell. xx. If any one slandered another by defamatory verses, (si quis aliquem publice diffamas- set, eique adversus bonos mores convicium fecissit,�i. e. "if any one defamed another, or cast reproach on him contrary to good manners or morality ;" " affronted him (vel carmen famosum in eum condidisset)�i. e. made an in famous libel upon him," he was beaten with a club, vid. Hor. Sat. ii. which alludes to the law for this species of libel. But these laws gradually fell into disuse, Gell. xx. ; and by the edicts of the Prcetor, an action was granted on account of ail personal injuries and af fronts only, for a fine, which was proportioned according to the dignity of the person, and the nature of the injury. This, however, being found in sufficient to check licentiousness and insolence, Sulla made a new law con cerning injuries, by which, not only a civil action, but also a criminal prose cution, was appointed for certain offences, with the punishment of exile, or working in the mines. Tiberius ordered one, who had written defamatory verses against him, to be thrown from the Tarpeian Rock. Dio. Ivii. 22. An action might also be instituted against a person for an injury done by those under his control, which was called "actio noxalis," as if a slave committed theft, or did any damage without the master's knowledge, he was to be given up to the injured person. And so, if a beast did any damage, the owner was obliged to offer a compensation, or give up the beast. There was no action for ingratitude, (actio ingrali,) as among the Macedonians, or rather " Persians ; because, says Seneca, all the courts at Borne would scarcely have been sufficient for trying it." These are some few of the remedies given by the Roman laws for injuries, &c. ; by the spirit of these the reader will judge how far that powerful nation was advanced in jurisprudence. F. Facere cum aliquo. To be on tbis side. Facias habere rationabilem dotem. That you cause (her) to have a reasonable dower. Faciet jurare duodecim legales homines de viceneto, seu de villa, quod inde veritatem secundum conscientiam suam manifestabant. That he should cause to swear twelve lawful men of the neighborhood, or vill, whereby they may show the truth, according to their conscience. Facio, ut des. 1 perform, that you may give. Facio, ut facias. 1 perform, in order that you may. Fac ita esse. Suppose it to be so. Facta armorum. Tournaments : Feats of arms LAW GLOSSARY. 189 Facta potentissima. Facts (or deeds) are most pow erful. Factor armorum regalium. The king's armorer Vide note. Factum praeclarum, atque divinum. A noble and di vine act. Facultas ejus quod cuique facere libet, nisi quid vi, aut jure prohibetur. The power of doing what every one pleases, unless what is forbidden by authority, or by law. Facultas secreta certis in rebus. There is a secret efficacy in certain things. Facultates in plurali. Wealth : means : abilities. Fadehfium. Sax. A gift made to a woman by her father or brother upon her marriage. Faida. Malice : deadly fued. Faite enrolle.��A deed of bargain and sale. Faitours. In Stat. 7, Rich. 2d, c. 5, this word is used " " for evil doers ;" and may be interpreted, idle livers," from " faitardise"�which signifies a kind of sleepy disease. Falcatura. " A day's mowing of grass." Formerly one of the feudal services performed for the superior lord of the fee. Fallonia. Felony. Falda. A sheepfold. Faldata. A flock of sheep. Fald^icursus. A fold course. Faldfey. Sax. The fee paid by a tenant for leave to fold his sheep on his own ground. Falerle. The furniture and tackle of a cart. Falsa demonstratio non nocet. A false description does not vitiate (the deed). Falsa fit pcenitentia laici, cum penitus ab officio curiali vel negotiali non recedit, quae sine peccatis agi ulla ratione " non prasvalet. The repentance of a layman will be inefficacious, unless he withdraw entirely from professional and mercantile pursuits, which cannot, on any account, be 190 LAW GLOSSARY. transacted without (committing) sin." The false logic of " Monkish superstition. Vide note to Homo mercator." Falsare curiam.- To deceive the court. False, fraudulente et maliciose. Falsely, fraudulently and maliciously. Falsonarious. A counterfeiter. Falso retorno brevium. A writ which might have been sued out against a sheriff for returning writs falsely. Falstjs in uno, falsus in omnibus. False in one mat ter, deceitful in everything. Fam^e damna majora quam quae possint aestimari. The injury done to character is so great that, it cannot be estimated. Fama tantum modo publico accusat. Public opinion only accuses him. Famosi libedi.- Infamous books, or writings. Famosis libellis si quis scripserit quod pertineat ad inju riam alterius, de quo est publica accusatio pcenae capitalis ; non tantum in auctorem famosi libelli, sed etiam eum qui invenit, nec combussit, sed evulgavit ; quia iste auctor prae- sumitur esse libelli, qui eum sparsit in vulgos, non prodito auctore. If any person has written notorious libels, which may tend to the injury of another, who is publicly accused of meriting a capital punishment, not only the au thor of such libel, but he also who has found it, and has - not burnt it, but given it publicity, is to be considered the author, because he hath published it among the common people, without having produced the author. Famosos latrones in his locis ubi grassati sunt, furca figendos placuit, ut conspectu detereantur alii, et sit conso- latio cognatis, ut eodem loco poena redditur, in quo latrones homicidia fecissent. It pleased him that infamous rob bers should be fixed on a gibbet in the same place where they committed their crimes, that others might be deterred by the sight, inasmuch as the punishment being inflicted in the same place where the robbers committed the mur- LAW GLOSSARY. 191 ders, it might be some consolation to tbe relations (of those who were killed). Fang, fangen, Sax. To take. Farandman. Scotch. A merchant traveller, or stranger. Fardel. A fourth part. Fardingdeal. The fourth part of an acre. Farinarium. A mill. Faristel. Sax. Stopping of way. Farrago legum nauticarum. The absurd collection of maritime laws. Fas. Eight. Fastermans. Sax. Bondsmen. Fasti. Lawful. Fatettjr facinus is qui judicum fugit. He confesses his guilt who flies from trial. Fatutjs. An idiot. Fauces terras.- �" The mouth or chops of a channel ;" (where a person may see from land to land.) Fausenerie. Forgery. Fearme. Food ; a feast. Fee. The land or estate held of a superior by service. Fefellit. He has deceived, or betrayed. Felagus. Among the Saxons, a friend bound for another's good behavior. "Felices ter, et amplius Quos irrupta tenet copula ; nec malis Divulsis querimoniis, Suprema citius solvet amor die." "Happy, thrice happy they, whose friendships prove One constant scene of unmolested love ; Whose hearts, right tempered, feel no various turns, No coolness chills them, and no madness burns ; But, free from anger, doubts, and jealous fear, Die as they live, united and sincere.� Orrery. Felo de se. A suicide ; a self-murderer. 192 LAW GLOSSARY. Felonia. Felony. Vide note. Felonia per quam vassallus amitteret feudum. A felony by which a vassal would lose his fee. Felonice cepit, et asportavit. He feloniously took, and carried away. Feme covert. A married woman. Feme sole. An unmarried woman. Feme sole sub modo. A single woman to a certain extent. Feoda propria, et impropria. Proper and improper feuds or fees. Feodum. �An estate in fee. Feodum appears to be compounded of "Od," possession, and "Feo," wages, or pay ; intimating that it was stipendiary, and granted as a " recompense for services. Vide Wachter voce Feodum." Feodum est quod quis tenet sibi et haeredibus suis, sive tenementum sit, sive redditus, &c. A fee is that which a person holds to himself and his heirs, whether it be a tenement, or a rent, &c. Feodum laicum. A lay fee. Vide note. Feodum militare. A Knight's fee. Vide note. Feodum militare, or Feudum militis. A Knight's fee. Vide note to Feudum. Feodum novum, ut antiquum. A new fee (given or granted), as an ancient fee. Feodum restituit ejusdem estimationis quod erat tempore " rei judicata?. He restored a fee of the same value as it was at the time of the judgment." That is, that the lord give or grant to the tenant, or feoffee, when he shall be ejected, land of the same value. Feodum simplex. A fee simple: an unconditional fee. Feodum, sine investiture, nullo modo constitui potest. " A fee cannot, in any way, be made without au in vestiture." This was the ancient law relating to free holds. LAW GLOSSARY. 193 Feodum talliatum. An entailed estate. Feoffamentum. � A feoffment : the donation of a fee ; or a feoffment giving possession by livery of seizin. Vide note. Feoffare. To enfeoff: or grant in fee. Feoffavit et demisit. He enfeoffed and demised. Feorme. A farm : a provision : rent. Fer^e. Wild beasts. FERiE campestres.�� �" Beasts of chase." These are five ; the buck, doe, fox, martin and roe. Fer.e igitur bestiae, et volucres et omnia animalia, quae mari, ccelo, et terra nascuntur, simul atque ab aliquo captae fuerint, jure gentium statim illius esse incipiunt.�- �Quod enim nullius est, id naturali ratione occupanti conceditur.
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  • Jews and the Monasteries of Germany

    Jews and the Monasteries of Germany

    NEIGHBORS, PARTNERS, ENEMIES: JEWS AND THE MONASTERIES OF GERMANY IN THE HIGH MIDDLE AGES A Dissertation Submitted to the Graduate School of the University of Notre Dame in Partial Fulfillment of the Requirements for the Degree of Doctor of Philosophy by John D. Young __________________________________ John Van Engen, Director Graduate Program in Medieval Studies Notre Dame, Indiana September 2011 © Copyright by John D. Young 2011 All rights reserved NEIGHBORS, PARTNERS, ENEMIES: JEWS AND THE MONASTERIES OF GERMANY IN THE HIGH MIDDLE AGES Abstract by John D. Young German-speaking lands in the twelfth and thirteenth centuries were home to the largest Jewish communities north of the Alps and Pyrenees and thus constituted key locations for Christian-Jewish interaction. This dissertation examines the monasteries of Germany—the primary centers of intellectual and cultural production in the high medieval Empire—as loci for that interaction. It explores both the social/economic and the cultural aspect of contact between monks and Jews. In the process, it challenges traditional interpretations of Christian-Jewish relations and helps to fill in the picture of the lives and activities of monks in this period. The study proceeds in three parts. Part one, comprising the first three chapters, examines the political context wherein Jews and monks interacted before investigating evidence of contact between Jews and monks in the social and economic spheres. This evidence demonstrates that Jewish communities and monasteries occupied similar John D. Young political positions in this society—due to their mutual reliance on the institution of privilege—and that they engaged frequently in business dealings with each other.