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Transcript
Team Members: ____________________________________________
Block: ___________________
Europe: Trial Objectives Political
Instructions: The following primary and secondary sources are designed to provide your legal firm with the
information needed to formulate arguments that will show that the societies you represent have met and
exceeded the challenges posed by the following four questions. Use your time wisely and provide responses with
proof that your culture has shown the best answers to these questions on earth for this time period. Be aware that
other trial teams have access to this information as well and will be looking for weaknesses in your arguments. Be
prepared to defend your assertions.
1. How should the ruler act?
2. What is the role of law in society?
3. What role does the individual play in the governance of this society?
4. How is the political organization of this society helpful to the maintenance of prosperity, security, and growth in
this society?
Objective: Identify the ways in which the political systems of Europe led to prosperity, security, and growth.
1. Use the chronology of Europe to identify political developments that show prosperity, security, and growth in
the respective societies. Be prepared to identify the cultures and the developments. (This can be in the areas of
law, conquest, architecture, religious movements, economic improvements, etc.)
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g. _______________________________________________________________________________
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h. _______________________________________________________________________________
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I. ________________________________________________________________________________
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j. _______________________________________________________________________________
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k. _______________________________________________________________________________
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l. _______________________________________________________________________________
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m. ______________________________________________________________________________
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n. _______________________________________________________________________________
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1
Chronology of Medieval Western Europe 452 - 1453
452 –
Attila the Hun stopped at the gates of Rome by Pope Leo I. Meets Attila outside the city and convinces him to stop. Papal prestige
enhanced. This is evidence of the Papacy taking on greater political roles.
Pope Leo’s importance: established papal bulls – passing of laws/decrees that persuade medieval rulers to accept laws. This also
established the Papacy as ‘pontifex maximus’ – leading moral/religious leader.
476 –
Sack of Rome by the Goths
493 –
Ostrogoths running Rome. Theodoric – first Gothic, Christian king. Established capital at Ravenna.
500 CE – Clovis founds Merovingian Franks, conquers France, converts it to Catholicism
510 CE – Visigoth kingdom founded in Spain. Continue Roman/Christian tradition until Muslims overrun Spain in 711.
The decline of Western Roman Empire is to great to stop. West = dead. Eastern Roman Empire continues living on as the Byzantine
Empire.
530 CE – Byzantine Emperor Justinian codifies (organizes) Roman law in the Corpus Juris Civilis, basis for Roman law. Compilation of law from
12 tables (412 BCE) onward. Most of western Europe adopts this in the 12th century, continues until this day.
590 CE – Pope Gregory creates the Latin Church to counteract Byzantine domination of Roman popes
627 CE – Byzantines conquer Persia.
650 CE – Arabs conquer Byzantine holdings in Persia
677 CE – Arabs fail trying to conquer the Byzantine capital of Constantinople
687 CE – Pepin the Short’s son Charles Martel forms an alliance with the Catholic Church, expands into Germany
717 CE – Arabs fail to conquer Constantinople again. Greek fire first used, Byzantines conquer most of Asia Minor
732 CE – Battle of Poitiers (Tours) stops Muslims from entering France from Spain. Charles Martel is the hero. Close links between French
rulers and the Papacy occur from here on out.
740 CE – Iconoclastic movement grows, this means no worship of images of Christ or saints. They argue that Christ could not be manifested
through art. Ends in mid 9th century when Byzantines declare that it is alright to display icons of Christ and the Saints
768 CE – Frankish ruler Charlemagne conquers central Europe, north and central Italy. He promotes schools, Latin studies, and the creation of
books. This is believed to have a begun a mini ‘renaissance’.
800 CE – Charlemagne crowned Holy Roman Emperor by the Pope in Rome on Christmas day. He goes on to conquer Spain, Italy, Bavaria,
and Saxony. He creates a capital city at Aachen which becomes a center of the arts and learning.
814 CE – Carolingians fall apart, Muslims/Vikings/Magyars invade Carolingian territory. The Carolingian empire is gone by 900.
Feudalism will expand after this centralized control of the Carolingians falls apart. Tens, hundreds of kingdoms spring up.
Decentralization and Vassalage grow, this is a personal agreement between commoner and lord in which the commoner agrees to
work for lord in exchange for protection.
846 –
Saracens (Muslim Arabs/North Africans) destroy Rome, attack most of the Southern Mediterranean.
862 –
Saints Cyril and Methodius go on a mission to Christianize Slavic peoples, come up with Cyrillic alphabet to deliver scriptures to
Slavs.
1050 – 1300 CE –
High middle Ages. Western Europe rises and is only equaled by China in political, economic, cultural flourishing. The political
organization of Caesaropapism develops in the Byzantine Empire. This means the emperor is also the head of the Christian Church.
Cities grow; there are fewer wars, population and trade increase. Work becomes more specialized. Most culture is church culture
– Papacy’s influence is HUGE. Emergence of popular tongues i.e. vernaculars (Italian, Spanish, French, etc.) – people begin to write
them down.
1050 – 1200 CE –
Western Europe has an agricultural revolution. Towns/trade grow and it leaves the barter economy for a money economy.
1054 –
Great Schism. Split between Eastern Orthodox/Western Roman Catholic churches. Reason: Filioque controversy. The two sides are
the Orthodox which believes the Holy Spirit proceeded from the Father and the Son and the Catholic which believes the Holy Spirit
is in addition to the Father and the Son.
1059 –
Pope Nicholas II unites temporal (secular)/spiritual realms via Luke 2:36-38 which argues the Doctrine of two swords. The modern
Papacy is born. Popes will start challenging kings of Europe for power and control.
1073 CE – Pope Gregory VII initiates Caesaropapism in Western Europe., this is papal monarchy with power over the secular state.
1095 -1099 CE –
The First Crusade is initiated by Pope Urban II. This is the only Crusade that works. Antioch and Jerusalem are taken by Christians.
Muslim inhabitants are massacred.
1187 CE – Third Crusade. This crusade against southwestern Asia is unsuccessful.
1204 CE – Fourth Crusade. Westerners take Constantinople, Byzantines hate westerners after they sack the Byzantine capital on their way to
the holy land.
1300 – 1500 CE –
Late Middle Ages – invention of magnetic compass, which improved overseas expansion/trade
1305 CE – Babylonian Captivity – Papacy moved from Rome to Avignon; Popes are made subordinate to French authority
2
1337 – 1453 CE –
100 Years’ War – French versus the English over French lands. France loses ultimately.
1347 CE – Black Death appears, reoccurs frequently until the late 1400s
1453 –
Byzantine Empire falls to Ottoman Turks.
CHRONOLOGY OF Byzantine Empire
330 CE
Constantinople built as new capital of the Roman Empire: powerful defensive walls, well-positioned on trade routes, easy location to defend
330 – 379 CE
Basil organizes Eastern monasticism: communities isolated in wilderness, centers of prayer, faith but not involved with local economy, society
380 CE
Christianity declared the official religion of the empire: state strongly involved in religious process, begins shutting down “pagan” institutions
395 CE
Eastern and Western Roman Empires permanently split along linguistic, cultural lines; Bible translated into Greek, Latin furthering divisions
5th century CE
Eastern Roman Empire avoids most Germanic invasions – main focus is on wars with Persia, internal religious divisions, heresies
6th century CE
Population of Constantinople around 1 million; city heavily dependent on organized supplies of grain; center of trade, industry; rise of Byzantine
statecraft style: elaborate bureaucracy established, trained in Greek classics, Christianity; men recruited from all classes, specialized Duties;
emperors appoint governors, spies helped preserve loyalty; emperor was head of the church (Caesaropapism), appoints bishops
527 – 565 CE
Reign of Justinian: conquest of North Africa, Italy, Southern Iberia: warfare weakens, bankrupts empire; Italy quickly lost to Lombards
527 – 548 CE
Theodora, wife of Justinian shows influence of Byzantine empresses, women on society: could rule in own right, own property, influential in
matters of state and church; during life was co-ruler with Justinian and instrumental in putting down Nike Rebellion of Blues, Green
529 CE
Justinian’s Law Code begins the blending of Roman and Christian legal traditions; frequently the basis of Slavic, Orthodox legal codes
532 – 537 CE
The famous church of Hagia Sophia built, becomes model for Byzantine architectural style; rise of icons, religious paintings used in worship as an art
form
Late 6th c. CE
Byzantine monks smuggle silk into empire, begin production of major luxury, trade good; silk becomes imperial monopoly
7th – 10th c. CE
Tension between Byzantine emperors, popes: emperors resent papal attempts to loosen imperial authority: rise of different religious traditions
Include married clergy, use of vernacular, local religious autonomy in Eastern Churches; centralization, standardization in western Church
7th – 10th c. CE
Khazar Empire dominates Northern Black Sea steppe: Turkish people convert to Judaism, powerful military alliance with Byzantines
8th century CE
Constant warfare added economic burdens to empire; invasions, taxations weakens small farmers, sees rise of aristocracy of large landowners,
Rural population increasingly made into serfs in some areas; Byzantines organize theme system: troops recruited locally, given land in return for
military service; land could not be sold but could be inherited if sons continued military service; generals assume political, military, civil roles
718 CE
Arab attack on Constantinople defeated through use of Greek fire (ancient flame throwers, napalm); land walls major defense for city
730 – 781 CE
Iconoclasm controversy divides empire, Western, Eastern churches: emperor at center of controversy, opposed by clergy, most of people
9th century CE
Large peasant class bore bulk of taxation, food prices kept low to content urban classes; modest sized cities dwindle, resources to capital city. Far
flung trading network developed from Asia, India, to Russia, Scandinavia, Middle East and North Africa; Byzantine gold coin (bezant), major trade
currency; trade was largely in luxury goods; merchants never gained influence due to bureaucracy, aristocratic influence
843 – 1025 CE
Macedonian Dynasty rules empire; empire experiences military, territorial revival; Byzantine scholars record, preserve many of the remaining
Ancient Greek, Roman texts; Byzantines did not develop new intellectual forms but preserved old ones; art, architecture were exceptions
864 CE
Beginning of Christian missionary work of Cyril, Methodius in Slavic lands; development of Cyrillic alphabet, Bible translated into Slavonic
955 CE, 1000 CE
German emperor defeats Magyars, who accept Catholicism, create large, wealthy state in Danube; Bohemia joined to Holy Roman Empire
3
960 CE
Emergence of Polish state: Piast dynasty unites Slavic peoples of area; converts to Catholicism, involved in German, Bohemian politics
960 – 1042 CE
Byzantine armies defeat Abbassids, Fatimids; recover Holy Land, Cyprus, Crete; expand borders into Armenia, Georgia, Caucasus area
11th century CE
Hereditary military leaders increasingly assumed regional control displacing aristocrats, bureaucrats in Byzantine Empire
1054 CE
Schism between Eastern, Western Christianity largely political: pope resents imperial control, empire resents papal independence
1071 CE
Seljuk Turks defeat Byzantines at Manziket; pour into the empire, settling in Anatolia; empire control reduced to coastal cities
1081 CE
Komnenos Dynasty established in Constantinople, requests assistance from west in Crusades against Turks to regain lost lands, Holy Land
1097 – 1176 CE
Byzantine, Crusader forces begin reconquest of Anatolia; Byzantines regain coasts of Asia Minor, Norman Crusader state becomes client state
12th century CE
In Byzantine Empire, economic prosperity generates new wealth; literature, arts reach new heights; In Russia, rise of Novgorod as prosperous
Aristocratic republic controlling trade routes between Baltic, Volga; government by town council, own archbishop, trades with German Hansa
12th c. – 1453 CE
Continual decline of Byzantine Empire: constant wars, territorial loses, increasing feudalism; trade increasingly controlled by Venice, Genoa
1203 – 1204 CE
4th Crusade sacks Constantinople, divides territory in Balkans; weakened Byzantine Empire continues to exist at Nicaea in Anatolia
1453 – 1469
Ottoman Turks capture Constantinople, all Byzantine possessions in Greece, Greek empire of Trebezond, ending reign of last classical states
Objective: Identify the ways in which the political systems of Europe led to prosperity, security, and growth.
2. Use the following text from the Spanish in the Islamic Empire to describe the political system providing security for the people of early Western Europe
after the fall of Rome.
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“Then Abderrahman, [the Muslim emir] seeing the land filled with the multitude of his army, crossed the Pyrenees, and traversed the defiles [in the
mountains] and the plains, so that he penetrated ravaging and slaying clear into the lands of the Franks. He gave battle to Duke Eudes (of Aquitaine)
beyond the Garonne and the Dordogne, and put him to flight---so utterly [was he beaten] that God alone knew the number of the slain and wounded.
Whereupon Abderrahman set in pursuit of Eudes; he destroyed palaces, burned churches, and imagined he could pillage the basilica of St. Martin of Tours.
It is then that he found himself face to face with the lord of Austrasia, Charles, a mighty warrior from his youth, and trained in all the occasions of arms.
For almost seven days the two armies watched one another, waiting anxiously the moment for joining the struggle. Finally they made ready for combat.
And in the shock of the battle the men of the North seemed like North a sea that cannot be moved. Firmly they stood, one close to another, forming as it
were a bulwark of ice; and with great blows of their swords they hewed down the Arabs. Drawn up in a band around their chief, the people of the
Austrasians carried all before them. Their tireless hands drove their swords down to the breasts [of the foe]. At last night sundered the combatants. The
Franks with misgivings lowered their blades, and beholding the numberless tents of the Arabs, prepared themselves for another battle the next day. Very
early, when they issued from their retreat, the men of Europe saw the Arab tents ranged still in order, in the same place where they had set up their camp.
Unaware that they were utterly empty, and fearful lest within the phalanxes of the Saracens were drawn up for combat, they sent out spies to ascertain
the facts. These spies discovered that all the squadrons of the "Ishmaelites" had vanished. In fact, during the night they had fled with the greatest silence,
seeking with all speed their home land. The Europeans, uncertain and fearful, lest they were merely hidden in order to come back [to fall upon them] by
ambushments, sent scouting parties everywhere, but to their great amazement found nothing. Then without troubling to pursue the fugitives, they
contented themselves with sharing the spoils and returned right gladly to their own country.”
(Primary Source) Bishop Isidore of Beja (In Muslim Spain), his Chronicle beginning 610 and ending 754 CE
4
Objective: How should a ruler act?
3. How do the Byzantines claim that their emperor is superior to others? In what way would this Caesaropapism aid in creating an honest government?
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“The holy emperor has a great place in the church, for he is not like other rulers or governors of other regions. This is so because from the beginning the
emperors established and confirmed the [true] faith in the entire inhabited world. They convoked the ecumenical councils and confirmed and decreed the
acceptance of the pronouncements of the divine and holy canons regarding the correct doctrines and the government of Christians. They struggled boldly
against heresies, and imperial decrees together with councils established the metropolitan sees (church districts) of the archpriests and the divisions of their
provinces and the delineation of their districts. For this reason the emperors enjoy great honor and position in the Church, for even if, by God's permission,
the nations [primarily the Ottoman Turks] have constricted the authority and domain of the emperor, still to this day the emperor possesses the same charge
from the church and the same rank and the same prayers [from the church]. The basileus [note: the Greek term for emperor] is anointed with the great myrrh
and is appointed basileus and autokrator of the Romans, and indeed of all Christians. Everywhere the name of the emperor is commemorated by all
patriarchs and metropolitans and bishops wherever men are called Christians, [a thing] which no other ruler or governor ever received. Indeed he enjoys such
great authority over all that even the Latin’s themselves, who are not in communion with our church, render him the same honor and submission which they
did in the old days when they were united with us. So much more do Orthodox Christians owe such recognition to him.... “
(Primary Source) Byzantine Patriarch Anthony, in a letter to the Grand Prince Vasily I of Moscow, Defending the Emperor,
1395 CE
Objective: How should the ruler act?
4. Do the early European kings seem to be distant from their subjects? Why would this kind of access to the ruler be a benefit to the society?
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Objective: How is the political organization of this society helpful to the maintenance of prosperity, security, and growth in this society?
5. In what ways does the ruler contribute to the betterment of the society he rules?
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“The king had at first wished to give to Rollo the province of Flanders, but the Norman rejected it as being too marshy. Rollo refused to kiss the foot of
Charles when he received from him the duchy of Normandy. "He who receives such a gift," said the bishops to him, "ought to kiss the foot of the king."
"Never," replied he, "will I bend the knee to anyone, or kiss anybody's foot." Nevertheless, impelled by the entreaties of the Franks, he ordered one of his
warriors to perform the act in his stead. This man seized the foot of the king and lifted it to his lips, kissing it without bending and so causing the king to
tumble over backwards. At that there was a loud burst of laughter and a great commotion in the crowd of onlookers. King Charles, Robert, Duke of the
Franks, the counts and magnates, and the bishops and abbots, bound themselves by the oath of the Catholic faith to Rollo, swearing by their lives and their
bodies and by the honor of all the kingdom, that he might hold the land and transmit it to his heirs from generation to generation throughout all time to come.
When these things had been satisfactorily performed, the king returned in good spirits into his dominion, and Rollo with Duke Robert set out for Rouen.
Rollo gave assurance of security to all those who wished to dwell in his country. The land he divided among his followers, and, as it had been a long time
unused, he improved it by the construction of new buildings. It was peopled by the Norman warriors and by immigrants from outside regions. The duke
established for his subjects certain inviolable rights and laws, confirmed and published by the will of the leading men, and he compelled all his people to live
peaceably together. He rebuilt the churches, which had been entirely ruined; he restored the temples, which had been destroyed by the ravages of the pagans;
he repaired and added to the walls and fortifications of the cities; he subdued the Britons who rebelled against him; and with the provisions obtained from
them he supplied all the country that had been granted to him.”
- (Primary Source) The Chronicle of St. Denis, on how Rollo and the Northmen cam to settle the Duchy of Normandy, 912 CE
5
Objective: What role does the individual play in the governance of this society?
6. Use the following document to describe how the people in English/European society were allowed to participate in the government?
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(Primary Source) Summons of Representatives of Shires and Towns by King Edward I of England to Parliament, 1295
“…The king to the sheriff of Northamptonshire. Since we intend to have a consultation and meeting with the earls, barons and other principal men of our
kingdom with regard to providing remedies against the dangers which are in these days threatening the same kingdom; and on that account have
commanded them to be with us on the Lord's day next after the feast of St. Martin in the approaching winter, at Westminster, to consider, ordain, and do
as may be necessary for the avoidance of these dangers; we strictly require you to cause two knights from the aforesaid county, two citizens from each city
in the same county, and two burgesses from each borough, of those who are especially discreet and capable of laboring, to be elected without delay, and
to cause them to come to us at the aforesaid said time and place. Moreover, the said knights are to have full and sufficient power for themselves and for
the community of the aforesaid county, and the said citizens and burgesses for themselves and the communities of the aforesaid cities and boroughs
separately, then and there for doing what shall then be ordained according to the common counsel in the premises; so that the aforesaid business shall
not remain unfinished in any way for defect of this power. And you shall have there the names of the knights, citizens and burgesses and this writ. “
Objective: What role does the individual play in the governance of this society?
7. Describe how the people of the Italian city-state of Venice helped to choose their own ruler. How does the fact that Venice was a republic show diversity
in the types of government available to the people of Europe? How does this relate to Europe’s past?
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(Primary Source) The Chronicles of Venice: How the Doges (Dukes) Were Chosen, elected 1268
“Then the noble Doge Rainieri Zeno died, and was buried, clad in cloth of gold; and seventeen days after, Messer Lorenzo Tiepolo was elected Doge. At that
time there were six councilors in Venice who remained in the palace until the new Doge was elected, and their vicar was Messer Nicolao Michele. And he
assembled all the people in the church of St. Mark, and spoke to them very wisely of all that belonged to the electing a Doge of Venice, and all that the
Doge must swear to observe; and the people approved that which had been established. And this was how the election was made: Then the vicar and the
others assembled the forty-five, and made forty-five balls of wax, and in eleven of them put the parchment; and the child drew for them. And the eleven
having been sworn, went into a chamber, and chose forty-one men, nine men agreeing together. These forty-one were to choose the Doge, twenty-five
agreeing together. So they made the forty-one swear to observe the rules that the people had approved, and to support and defend the Doge who should
be chosen. So these forty-one men chose Messer Lorenzo Tiepolo; and they were of the nobles of Venice. Also in all the elections there was no man
chosen who was not thirty years old at least.”
6
Objective: How is the political organization of this society helpful to the maintenance of prosperity, security, and growth in this society?
8. In what ways did the collection and simplification of the law codes help Byzantine society prosper and feel secure?
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- Contents of the Justinian Code “Corupus Iurus Civilis or the Justinian Code, was the result of Emperor Justinian's desire that existing Roman law be collected into a simple and clear
system of laws, or "code." Tribonian, a legal minister under Justinian, lead a group of scholars in a 14-month effort to codify existing Roman law. The result
was the first Justinian Code, completed in 529. This code was later expanded to include Justinian's own laws, as well as two additional books on areas of
the law. In 534, the Justinian Code, made up of the Code, the Digest, and the Institutes, was completed.”
Rule Of Law: The Story of Human Rights in World History, Orius, University of California, Berkley
(Primary Source)
Book I: Of Persons
I. Justice and Law
II. Natural, Common, Civil Law
III. The Law of Persons
IV. The Free-Born
VIII. Slaves
IX. The Power of Parents
X. Marriage
XI. Adoption
Book II: Of Things
Book III: Intestate Succession
I. Divisions of Things
II. Incorporeal Things
III. Servitude
VI. Title through Possession
X. The Making of Wills
XIII. Obligations
XV. Verbal Obligations
XVI. Obligations by Consent
XVII. Buying and Selling
Book IV: Obligations Arising
From Delicta
II. Goods Taken by Force
IV. Injury
Objective: How is the political organization of this society helpful to the maintenance of prosperity, security, and growth in this society?
9. How do the European legal systems, as seen in the Justinian Code, provide flexibility and the willingness to change with societies changing needs? How
does this promote prosperity?
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"The laws of nature, which all nations observe alike, being established by a divine providence, remain ever fixed and immutable. But the laws which every
state has enacted undergo frequent changes, either by the tacit consent of the people, or by a new law being subsequently passed."
-Adapted
from the Justinian Code (Primary Source)
Objective: What role does the individual play in the governance of this society?
10. How does the Magna Carta of England guarantee the involvement of the individual in the government of the country?
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Magna Carta was written by a group of 13th-century barons to protect their rights and property against a tyrannical king. It is concerned with many
practical matters and specific grievances relevant to the feudal system under which they lived. The interests of the common man were hardly apparent in
the minds of the men who brokered the agreement. But there are two principles expressed in Magna Carta that resonate to this day:
"No freeman shall be taken, imprisoned, disseised, outlawed, banished, or in any way destroyed, nor will We proceed against or prosecute him, except by
the lawful judgment of his peers or by the law of the land."
"To no one will We sell, to no one will We deny or delay, right or justice."
National Archives and Record Administration (Primary Source)
7
Objective: What role does the individual play in the governance of this society?
11. How do the bonds made in this oath of fidelity strengthen the individuals’ investment in the government? What does the government offer in return
for the individuals’ commitment to the government?
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(Primary Source) Acceptance of an Antrusian, 7th Century [from Roziere: Collection de Formules, No. VIII, Vol I, p. 8]
It is right that those who offer to us unbroken fidelity should be protected by our aid. And since such and such a faithful one of ours, by the favor of God,
coming here in our palace with his arms, has seen fit to swear trust and fidelity to us in our hand, therefore we decree and command by the present
precept that for the future such and such above mentioned be counted with the number of antrustions. And if anyone perchance should presume to kill
him, let him know that he will be judged guilty of his wergild of 600 shillings.
Objective: How should the ruler act? / What is the role of law in society?
12. According to Aquinas, if the people do not rule themselves then what is the responsibility of the king, as the
representative of the people?
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Whether anyone can make laws
Law principally and properly seeks the common good. Planning for the common good is the task of the whole people or of someone ruling in the person of
the whole people. Thus lawmaking is the task of the whole charge of the whole people; for in all other matters direction toward an end is the function of him
to whom the end belongs.
-St. Thomas Aquinas (Primary Source)
8
Objective: How should the ruler act?
13. How does this show that a ruler was expected to maintain the social order at all cost? Who benefits from this law the most? How does this guarantee
the prosperity of Western European society?
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Henry, King of the Romans:
(Primary Source) Concerning Serfs Who Flee to the Cities of Alsace, 1224
Henry, King of the Romans, took from the shoulders of his father, the Emperor Frederick II, some of the burden of government, and tried to prevent by
legislation the flight of serfs to the cities whereby the estates of German nobles were being depopulated. Provision was made to protect lawful citizens
against the unjust claims of lords.
Henry, by the grace of God, King of the Romans and ever Augustus.
We make known to all, both present and future, that (since the question has been debated between our cities of Alsace, and the nobles and ministerials of
the same province, about those men of theirs who had fled to those cities and who might so flee in the future) this same question may be settled forever;
and, that each side may enjoy its proper rights, the following decision has been made by us: That if any person pertaining to any noble or ministerial
betake himself to our cities with the idea of staying there, and his lord wish to reclaim him, the lord ought to be allowed to take him, if he has seven
relatives on the mother's side, who are commonly called nagilmage, who will swear that he belongs to the lord by right of ownership. But if for any reason
the lord be unable to obtain the relatives or friends, let him obtain two suitable witnesses from the neighborhood from which the fugitive came, and let
him prove that he had that man in his undisturbed possession by right of ownership before he betook himself to our cities, and with his witnesses let him
take oath on the relics of the saints, and so let his man be restored to him. We also decree and firmly ordain that all nobles and ministerials, as has been
said, being desirous of obtaining their men, may enter our cities in peace and security and depart without hurt or injury. At their request a safe-conduct
will be furnished them by the bailiffs and council of our cities. And in order that there might be enduring evidence of this we have ordered this present
charter to be written, and have confirmed it with our seal.
-Given at Basle, December sixteenth, 1224.
Objective: How is the political organization of this society helpful to the maintenance of prosperity, security, and growth in this society?
14. How did the creation of fiefs ensure political stability, security, and prosperity for the kingdom in Europe?
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(Secondary Source) Canute the Great: Granting of Fiefs, 1028
The fief combined the principal characteristics of the bencficium of the Romans, and the personal relationship of the comitatus of the Germans. Whereas
the beneficium was held only for life, or for a limited period of time, the fief was hereditary. The first documentary evidence of a fief is to be found in the
ninth century. In the process of feudalizing Norway the practice of enfeoffing subjects was a step in the engrossing of political power by the Scandinavian
kings.
Then King Canute proceeded; and, to be short in our tale, did not stop until he came to Trondheim, and landed at Nidaros. In Trondheim he called together
a Thing for the eight districts, at which King Canute was chosen king of all Norway. Thorer Hund, who had come with King Canute from Denmark, was
there, and also Harek of Thjotta; and both were made sheriffs of the king, and took the oath of fealty to him. King Canute gave them great fiefs, and also
right to the Lapland trade, and presented them besides with rich gifts. He enriched all men who were inclined to enter into friendly accord with him both
with fiefs and money, and gave them greater power than they had before.
- Samuel Laing, ed., The Heimskringla, A History of the Kings of Norway, (New York: The Norroena Society, 1911), p. 552
9
Objective: What role does the individual play in the governance of this society?
15. How does this charter guarantee the involvement of English citizens in political conversations?
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(Primary Source) Confirmation of the Charters, 1297
In 1297, Edward needed money. Pope Boniface VIII had just issued Clericos Laicos, forbidding clergy from paying taxes to a secular ruler, and Edward's
English vassals refused to provide assistance in his campaigns in Flanders. To acquire money, Edward laid an impost on English wool, and also forced the
nobility to grant an aid. The barons armed themselves against Edward, who consequently confirmed the various charters of his predecessors.
….Moreover we have granted for us and our heirs, as well to archbishops, bishops, abbots, priors, and other folk of holy Church, as also to earls, barons,
and to all the community of the land, that for no business from henceforth will we take such manner of aids, mises, nor prises from our realm, but by the
common assent of all the realm, and for the common profit thereof, saving the ancient aids and prises due and accustomed.
Objective: What is the role of the individual in the governance of the society?
16. How have the individual citizens of the Northern European Hanseatic League chosen to help their rulers in ensuring the success of their societies?
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“The Hansa came into being through agreement and alliance of different towns; But the German Hansa is a firm confederation of many cities, towns, and
communities for the purpose of ensuring that business enterprises by land and sea should have a desired and favorable outcome and that there should be
effective protection against pirates and highwaymen, so that their ambushes should not rob merchants of their goods and valuables. The Hansa is not
controlled by the merchants; on the contrary each city and each town has its own lords and its own magistracy by whom its affairs are directed. For the
Hansa is nothing other than a kind of alliance between towns, which does not release the towns from the jurisdiction of those lords who ruled over them.
The Hansa has no common council; but each town sends delegates, with instructions. The towns of the Hansa assemble whenever there are questions to
be discussed and decide amongst themselves what they consider necessary for the good of their merchants.”
The Hansa reply to a memorandum from the English Privy Council, after the English arrested Hansa merchants and confiscated their
property, 1469
Objective: What is the role of the individual in the governance of the society?
17. How have the individuals that make up the Hanseatic League taken over traditional roles of the rulers of Europe?
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“We declare that we have agreed, firstly, that because of the manifold wrongs and injuries which the kings of Denmark and Norway have inflicted and do
still inflict upon Hanseatic merchants, we have become their enemies and that we shall loyally support one another in the following manner: namely, that
the Wendish towns together with the Livonian towns and with those towns which are associated with them, will fit out ten ships, manned with able menat-arms, that is, 100 men to each ship, and that two supply ships shall accompany each larger ship. The Prussian towns, that is, seaports, shall equip five
ships of a like kind. And when all ships [from Holland and Zealand and the Baltic cities] are assembled in the Danish Sound, the whole fleet from both
districts is to remain with the warships and to do as the commanders bid them. Further, to cover the costs, every merchant shall pay poundage on his
goods. And similarly captains shall pay poundage on their ships. This poundage shall be levied in every town of the Confederation and is to be kept at the
disposal of all those towns, which have fitted out ships of war. The above mentioned Confederation with all its rules and regulations shall remain in full
force for a further three years.”
Declaration of the Hanseatic League for the prosecution of the war against Denmark and Norway, their meeting in Cologne (a city), Holy
Roman Empire, 1367
10
Objective: How should a ruler act?
18. How much power did the church leaders in Western Europe hold? How would this provide a check on secular power within the Western European
kingdoms?
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Pope Gregory VII, his Dictatus Papae, a papal bull, 1075
1.
2.
8.
9.
12.
19.
25.
27.
That the Roman church was founded by God alone.
That the Roman pontiff alone can with right be called universal.
That he alone may use the imperial insignia.
That of the pope alone all princes shall kiss the feet.
That it may be permitted to him to depose emperors.
That he himself may be judged by no one.
That he may depose and reinstate bishops.
That he may absolve subjects from their fealty to wicked men.
11
Name: ________________________________
Block: _____________________________________
Trial preparation: Now that you have explored the basic outlines of the American political systems it is time for your law firm to construct a
series of answers that will be used in the trials. For each question you must construct an opening statement that you will present to the court.
Include aspects of all of the societies you represent and then list specific examples you will use in your rebuttals during the trials. Divide the
topics between your legal team. Each of you will use the research from today to construct opening arguments. These opening arguments are
required by the beginning of the next class day. Teams that do not submit opening arguments will not be qualified to move on to the next research
topic and will be given the essay topics.
1. How should the ruler act?
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Evidence: Cite the source and summarize the evidence
a.
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b.
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c.
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d.
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e.
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Name: _____________________________________
Block: ____________________________
2. What is the role of law in society?
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Evidence: Cite the source and summarize the evidence
a.
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b.
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c.
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d.
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e.
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Name: ________________________________________
Block:__________________________
3. What role does the individual play in the governance of this society?
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Evidence: Cite the source and summarize the evidence
a.
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b.
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c.
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d.
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e.
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Name:_______________________________________
Block:_____________________
4. How is the political organization of this society helpful to the maintenance of prosperity, security, and growth in
this society?
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Evidence: Cite the source and summarize the evidence
a.
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b.
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c.
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d.
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e.
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15