La renommée dans le droit pénal laïque du XIIIe au XVe siècle

Abstract

Fame or fama in the Criminal Secular Law of the XIIIth and XIVth centuries. - In this paper our purpose is to give the jurist's opinion on the notion of fama in the criminal secular law of the Middle Ages, and particularly in the criminal proceedings of the XIIIth and XlVth centuries. In this period of evolving judiciary procedures the French term « renommée » or the Latin one « fama » encompassed two very similar ideas : First, the idea of rumour as a starting point for a prosecution. In the accusatory as well as in the inquisitory proceedings, when it was known that a felony had been committed, the judge could interpose, even though his action remained very limited in the accusatory proceeding. Then, the idea of reputation, that is to say the general feeling about the accused, the victim, or both, or even the witnesses. Thus, in both proceedings, the fama as public opinion about a person was considered in every phase of the process even until granting. Furthermore, the good or bad reputation of the parties was very often the key to the case. As a result of our study it appears that the concept of fama was very frequently used in criminal law. This may be explained by two factors : the growing interest of a more inter dependant society on the one hand, a means of compensation for the relative weakness of criminal justice on the other.