一三世紀末ハンドレド裁判集会・その制度と機能 : Highworthハンドレド裁判文書の分析
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概要
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In this research I have investigated some aspects of a hundred court in she late thirteenth century, in particular, its place in the keeping of regional peace, comparing it with a manorial court. Relations with royal courts have been excluded therefrom. The courts analysed here are of the hundred of Highworth, which comprises an area in the north-east corner of Wiltshire, and of the manor of Stratton St. Margaret, which is in this hundred. The manor belonged to Adam de Stratton from 1275 to 1289, and the hundred from 1276 to 1289. Their rolls have been edited by Ralph B. Pugh and by Brenda Farr respectively. In this context I would like to point out that the comparison with the monar court of Sevenhampton, the rolls of which have also been edited by Pugh, would be in vain, for the leet jurisdiction was exercised at this court. It is this jurisdiction that characterized that of the hundred court. The hundred court consisted of ordinary three-weekly meetings and twice-yearly lawday meeting. The business of the former was almost equivalent to proceedings of personal litigations at the manor court, although two litigants of two different lords could seek justice not at the manor court but only at the hundred court. The business of the lawday was obviously different from that of the manor court. At this court tithings were 'viewed' by and they paid customary dues to the lord of the hundred. And all the tithingmen had to be present with a fixed number of their members to make presentments. This procedure of the presentment provided the lawday with a specific character and enhanced its value, though presentments themselves were made at the ordinary court as well. Matters frequently presented included among others, obstructions or diggings up of roads, diversions of water-courses, diggings up of the marsh, thefts, or house-breakings. Even more, such problems as those of the boundary in fields and of the regulation of reaping corn at night were also presented. In short, matters regarding daily life in villages were dealt with at this court. On the other hand, matters taken up at the manor court prove that seignorial power of a landlord was exercised at this court. It is at this court that marriage fines were exacted from unfree tenants, and entry fines or reliefs collected from tenants. In addition to these fines or money exactions, trespasses on demesne, the default of services, or transfers of lands or houses without a licence were punished. Moreover, by the late thirteenth century manor lords had grasped the right to the wood and waste land, and in this corollary, matters relating to the pasture were handled at the manor court Stratton. In summary, while relations between peasants and a landload were regulated at the manor court, daily village life and criminals in this region were to be dealt with at the hundred court, particularly at the lawday.
- 1980-07-25