Medieval France. An Encyclopedia

(Darren Dugan) #1

on several other occasions, only to be revived with modifications when the absence of
this export tax encouraged evasion of the aides.
John Bell Henneman, Jr.
[See also: AIDES]
Bigwood, Georges. “La politique de la laine en France sous les règnes de Philippe le Bel et de ses
fils.” Revue belge de philologie et d’histoire 15(1935):79–102, 429–57; 16 (1936):95–118.
Henneman, John Bell. “Taxation of Italians by the French Crown, 1311–1363.” Mediaeval Studies
31(1969):15–43.
Strayer, Joseph R. “Pierre de Chalon and the Origin of the French Customs Service.” In Festschrift
Percy Ernst Schramm zu seinem siebstigsten Geburtstag von Schulern und Freunden
zugeeignet, ed. Peter Classen. Wiesbaden: Steiner, 1964.
Vuitry, Adolphe. Études sur le régime financier de la France avant la Révolution de 1789. Nouv.
ser. 2 vols. Orléans: Colas, 1878–83.


CUSTUMALS/COUTUMIERS


. Throughout the Middle Ages, the law of France was based primarily on custom rather
than written law. Beginning at the end of the twelfth century, with the Très ancien
coutumier of Normandy, the customs of various regions began to be recorded in writing.
These descriptions, known as “custumals,” were private compilations, though regional
courts came to treat those of Normandy and Brittany as virtually official sources of law.
The authors are often unknown; when they can be identified, they were usually royal or
princely judicial officials. Most custumals described the law of northern France; the
south, the pays de droit écrit (“land of written law”), where Roman law formed the basis
of local custom, produced few. A custumal might describe the law of a province, or a
smaller region, or even of a town.
The most admired single custumal of the high Middle Ages is the Coutumes de
Beauvaisis by Philippe de Beaumanoir (1283). The Summa de legibus (or Grand cou-
tumier) of Normandy was written a few decades earlier; its unknown author rivals
Beaumanoir in his ability to analyze the custom of his province. Another notable
custumal is the Établissements de saint Louis (ca. 1270); despite its name, this work was
not ordained by the king, and it incorporates slightly earlier custumals of the Orléanais
and of Anjou and Touraine, rather than describing the customs of the Île-de-France. The
Très ancienne coutume de Bretagne dates from ca. 1330. Jacques d’Ableiges wrote the
misnamed Grand coutumier de France (ca. 1387–89), which describes merely some
aspects of the custom of Paris. Several custumals were heavily influenced by Roman law,
including the Conseil à un ami of Pierre de Fontaines, a jurist who wrote to describe
Picard custom for a local noble (ca. 1253). Jean Boutillier, royal bailli, who wrote the
Somme rurale to aid nonlawyers in understanding the law of the region around Tournai
(1395), has been accused of not understanding the Roman law he cites. The Livres de
jostice et de plet (ca. 1254–60), although it claims to record Orléanais custom, consists of
little more than excerpts from Roman legal sources.
These and most other private compilations of regional customs were made in the 13th
or 14th century. Few appear thereafter, and the law of significant portions of northern


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