Chapter

Medieval and Renaissance Ordinances of War: Codifying Discipline and Humanity

Theodor Meron

in Henry's Wars and Shakespeare's Laws

Published in print December 1993 | ISBN: 9780198258117
Published online March 2012 | e-ISBN: 9780191681790 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780198258117.003.0008
Medieval and Renaissance Ordinances of War: Codifying Discipline and Humanity

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The medieval ordinances associated with situations of war which were given out by kings or by certain commanders-in-chief who were granted accordingly with such authority were not disseminated in a void. This is because the customary jus armorum was restated into various forms which were discussed by experts, by prominent writers such as Giovanni da Legnano, Christine de Pisan, and practiced across several other courts. Many of these believed ordinances described a certain customary law as a residuary source for cases that lacked explicit provisions. Offenders of such were subjected to judgements in the court of the Lord High Constable and the Lord Marshal and in other such lower courts for relatively light cases, but the most severe cases were brought to Parliament. This chapter examines how the provisions of such ordinances of war have developed and extended to matters other than the conventional tactics and discipline.

Keywords: ordinances of war; kings; commanders-in-chief; jus armorum; residuary source; explicit proivision; Lord High Constable; Lord Marshal; Parliament

Chapter.  5024 words. 

Subjects: Public International Law

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