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3 - KEEPING AGREEMENTS

Published online by Cambridge University Press:  09 July 2009

Adam J. Kosto
Affiliation:
Columbia University, New York
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Summary

Making agreements is one thing; keeping them is another. We are much less well informed about this second aspect of the process. Individual cases did end up in courts or other dispute-settlement fora that have left records, and here we can see an enforcement mechanism at work. Such cases are, however, few and far between, and furthermore only show that certain agreements failed. What about those agreements that worked, or at least did not break down to the point where they generated a record of a dispute? How were agreements kept? The agreements themselves give indications. Some convenientiae contain simple penalty clauses, though others address the issue of guarantees at great length, as was the case in the convenientia between Berenguer Ramon I and Ermengol II of c. 1021. Parties proposed various types of real and personal sureties, and they detailed procedures to be followed in case of violations. The threat of these sanctions certainly played a role in encouraging adherence to agreements, but sanctions are, like dispute-settlement procedures, negative factors, potential consequences of a change in the status of the agreement. Other factors contributed to the maintenance of agreements in a less mechanical fashion. The oath is one such element; we must revisit its relationship to the convenientia in order to understand more fully the nature of agreements. The written word is another, for the very inscription of the convenientia on parchment was a part of the process of making sure that it would be kept.

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Making Agreements in Medieval Catalonia
Power, Order, and the Written Word, 1000–1200
, pp. 121 - 157
Publisher: Cambridge University Press
Print publication year: 2001

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  • KEEPING AGREEMENTS
  • Adam J. Kosto, Columbia University, New York
  • Book: Making Agreements in Medieval Catalonia
  • Online publication: 09 July 2009
  • Chapter DOI: https://doi.org/10.1017/CBO9780511496530.006
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  • KEEPING AGREEMENTS
  • Adam J. Kosto, Columbia University, New York
  • Book: Making Agreements in Medieval Catalonia
  • Online publication: 09 July 2009
  • Chapter DOI: https://doi.org/10.1017/CBO9780511496530.006
Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • KEEPING AGREEMENTS
  • Adam J. Kosto, Columbia University, New York
  • Book: Making Agreements in Medieval Catalonia
  • Online publication: 09 July 2009
  • Chapter DOI: https://doi.org/10.1017/CBO9780511496530.006
Available formats
×