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"In Pace Et Sine Lite": Methods of Resolution of Indebtedness Outside the Court System

"In Pace Et Sine Lite": Methods of Resolution of Indebtedness Outside the Court System KATHRYN L. REYERSON (Minneapolis, MN, U. S. A.) "IN PACE ET SINE LITE": METHODS OF RESOL UTION OF INDEBTEDNESS OUTSIDE THE COURT SYSTEM Long before the Dickensian prisons of the nineteenth century regulated debtors' lives, medieval debtors faced many threats to their well-being. Ac- cording to the 1204 statutes of Montpellier, creditors could move against debtors once having filed a reimbursement request before the court of the bayle, the royal court of Majorca.l Debtors could be seized bodily for lack of payment or in the case of flight.2 Creditors could imprison debtors in chains and,keep them on a diet of bread and water until they had obtained satisfac- tion for the outstanding obligations.3 A parallel situation existed in medieval Provence where there was a range of punishments for debtors including sei- zure of the person of the debtor, imprisonment, excommunication, and ces- sion of a debtor's goods.4 I have studied methods of guaranteeing and recov- ering debts in Montpellier, including some treatment of court judgments against debtors but wish to reflect further in this study, in honor of Thomas Noonan, on the extra-litigious techniques for recovery of debts. At issue are the techniques of arbitration and amicable composition. These http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Russian History Brill

"In Pace Et Sine Lite": Methods of Resolution of Indebtedness Outside the Court System

Reyerson, Kathryn L.
Russian History , Volume 28 (1-4): 10 – Jan 1, 2001
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Publisher
Brill
Copyright
Copyright © Koninklijke Brill NV, Leiden, The Netherlands
ISSN
0094-288X
eISSN
1876-3316
DOI
10.1163/187633101x00181
Publisher site
See Article on Publisher Site

Abstract

KATHRYN L. REYERSON (Minneapolis, MN, U. S. A.) "IN PACE ET SINE LITE": METHODS OF RESOL UTION OF INDEBTEDNESS OUTSIDE THE COURT SYSTEM Long before the Dickensian prisons of the nineteenth century regulated debtors' lives, medieval debtors faced many threats to their well-being. Ac- cording to the 1204 statutes of Montpellier, creditors could move against debtors once having filed a reimbursement request before the court of the bayle, the royal court of Majorca.l Debtors could be seized bodily for lack of payment or in the case of flight.2 Creditors could imprison debtors in chains and,keep them on a diet of bread and water until they had obtained satisfac- tion for the outstanding obligations.3 A parallel situation existed in medieval Provence where there was a range of punishments for debtors including sei- zure of the person of the debtor, imprisonment, excommunication, and ces- sion of a debtor's goods.4 I have studied methods of guaranteeing and recov- ering debts in Montpellier, including some treatment of court judgments against debtors but wish to reflect further in this study, in honor of Thomas Noonan, on the extra-litigious techniques for recovery of debts. At issue are the techniques of arbitration and amicable composition. These

Journal

Russian History – Brill

Published: Jan 1, 2001

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