ケムブリッジ大学図書館所蔵イーリ小修道院領荘園裁判記録

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  • ケムブリッジ ダイガク トショカン ショゾウ イーリ ショウシュウドウインリョウ ショウエン サイバン キロク
  • Court Rolls of Swafham Priory Manor of Ely, kept in Cambridge University Library

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Ely Diocesan Records were deposited in Cambridge University Library in 1962, and the archives of the Dean and Chapter of Ely were deposited in the same Library in 1970. Medieval Documents of them were studied, classified and catalogued by many scholars, including James Bentham, E.O. Brake, and Dorothy Owen. Edward Miller analysed the medieval liberty of the Bishops and Priors of Ely intensively, using those documents and many other manuscripts in the British Library, the Bodleian Library and the Public Record Office. He stressed that the bishops and priors held a higher degree of liberties, especially in the field of jurisdictional privilege or advantage, as compared with contemporary lay magnates. He explained that the range of the liberty of Ely was as comprehensive as to include the right to judge criminal cases, from murder and violence to misdemeanour. According to Miller's conclusion, however, even such a highly privileged liberty was a grant from the king, and the rule of justice kept in the liberty was the same common law as that of the Realm of England. The king and the bishops were supposed to be in good partnership concerning the administration and jurisdiction of the whole of the Realm. Mistrial in the Bishop's or Prior's court was redressed in the King's court. The Latter's authority comprehends all the jurisdiction of lesser courts. Bishop's liberty was not regarded as an exception. However, scholars who read of the King's eyre rolls in the thirteenth century easily find not a few examples of bishop's decisive authority in jurisdiction in his liberty. Kings' justice seldom contradicted the decision of the bishop's court. The Hundred jury, comprised by local landholders, made indictment and presentment to the eyre justices, and sometimes gave verdicts to them. In almost all the cases, the justices gave judgement in accordance with the jurors' verdicts. Is it right to say that the king's jurisdictional authority kept complete hold of all the crimes or criminals in local society? In the paper, I pick up some examples of typical and non-typical criminal cases in the court rolls of Swafham Prior manor of Priory of Ely in the 13th century, and reconsider how comprehensive the liberty of Ely was.

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