バロンの反乱期における特別巡回裁判記録

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書誌事項

タイトル別名
  • Judicial Proceedings in Cambridgeshire under the Dictum of Kenilworth
  • バロン ノ ハンランキ ニ オケル トクベツ ジュンカイ サイバン キロク

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抄録

Baronial reform and rebellion, which started in 1258, reached its last stage at Evesham in August 1265, when many of the baronial leaders, including Simon de Montfort, his son Henry and Hugh Despenser, fought to their deaths there. Soon those who adhered to the king during the war rushed to take the lands of the rebels. King Henry III ordered those lands seized into his hands and then granted them to his adherents lavishly. On September 17, 1265, an ordinance was made to disinherit the rebels and to put all their lands into the king's hands. Former rebels, discontent with the policy of disinheritance, resumed their resistance against the king, and soon Kenilworth, Ely and some other regions became centres of resistance. The king sent Prince Edward and Roger Leyburn to Chesterfield and Axholme to punish the rebels with arms. But later, advised by the Legate, the king changed the policy towards the disinherited, resulting in the Dictum of Kenilworth which was published in November 1266 in order to settle the matter peacefully. In clause 12 the Dictum clearly established the basic principle of redemption, not disinheritance. After some skirmishies in the spring and summer in 1267, special justices in eyre went around the country in four circuits to enforce the Dictum. During the eyre between 1268 and 1272 the disinhrited were accepted into the king's peace, paid the redemption fine and regained their lands as well as status. The records of the eyre carried out in Cambridgeshire gives us some interesting details of the local society there. When the disinherited tried to regain their lands or deny their involvement in the trespass during the rebellion, there were two types of judicial process observed in the record. In one, there were disinherited who either produced royal letters or called for the assistance of their lords or patrons in order to be exempted from accusation. In the other the disinhereted who did not get such exemptions were found innocent of rebellious deeds by a jury of a hundred. The Cambridgeshire gentry in the second group seems to have had a kind of distrust concerning the government or discontent over the king's policy and magnates' attitude of excessively interfering in local affairs. The readers of the record can see some groups of local gentry accused of having attacked the royal favourites in this county during the rebellion. The record therefore shows us that there were two types of gentry, hostile to each other, in Cambridgeshire. The judges of the eyre usually confirmed the verdicts of the local jury and sometimes ignored the influence of feudal lords or the interference by the magnates. Through the special eyre, the status of the gentry, whether they were royal favourites or not, was confirmed less in the feudal context than in the court of royal commission.

収録刊行物

  • 史学雑誌

    史学雑誌 99 (11), 1878-1903,1968-, 1990

    公益財団法人 史学会

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