Feudal England: Historical Studies on the Eleventh and Twelfth CenturiesRound, John Horace
History
Feudal England: Historical Studies on the Eleventh and Twelfth Centuries
Round, John Horace
Domesday book; Feudalism -- Great Britain; Great Britain -- History -- Norman period, 1066-1154; Normans -- Great Britain
We have the lists, in all, for eighteen Hundreds, fifteen in
Cambridgeshire and three in Herts, of which two were 'double'. There
were, practically, for each Hundred exactly eight _juratores_, half
of them 'French' and half 'English'. But the two 'double' Hundreds had
sixteen each, half of them 'French' and half 'English'. Although it is
recorded that 'alii omnes franci et angli de hoc hundredo juraverunt',
it is obvious that the eight men always specially mentioned were, in
a special degree, responsible for the verdict. Their position is
illustrated, I think, by the record of a Cambridgeshire _placitum_
found in the Rochester chronicles. This is the famous suit of
Bishop Gundulf against Picot the sheriff in the County Court of
Cambridgeshire,[210] which affords a valuable instance of a jury being
elected to confirm by their oaths the (unsworn) verdict of the whole
court:
Cum illis (i.e. omnes illius comitatus homines) Baiocensis
episcopus, qui placito præerat, non bene crederet; præcepit
ut, si verum esse quod dicebant scirent, ex seipsis duodecim
eligerent, qui quod omnes dixerant jure jurando confirmarent.
Now we read of this jury:
Hi autem fuerunt Edwardus de Cipenham, Heruldus et Leofwine
saca de Exninge, Eadric de Giselham, Wlfwine de Landwade,
Ordmer de Berlincham, et alii sex de melioribus comitatus.
Investigation shows that the names mentioned are local. The land in
dispute was a holding in Isleham in the Hundred of Staplehoe. One
juror, Eadric, came from Isleham itself, two from Exning, one from
Chippenham, one from Landwade, while the sixth, Ordmer, was an
under-tenant of Count Alan, in the Manor from which he took his name
(Badlingham), and was a Domesday juror for the Hundred. These six,
then, were clearly natives chosen for their local knowledge. The
other six, chosen 'de melioribus comitatus', were probably, as at the
Domesday inquest, Normans (_Franci_). Thus the double character of the
jury would be here too preserved, and the principle of testimony from
personal knowledge upheld.
So again in the Dorset suit of St. Stephen's, Caen (1122),[211] the
men of seven Hundreds are convened, but the suit is to be decided
'in affirmatione virorum de quatuor partibus vicinitatis illius
villæ'.[212] Accordingly, 'sexdecim homines, tres videlicet de
Brideport, et tres de Bridetona, et decem de vicinis, juraverunt se
veram affirmationem facturos de inquisitione terræ illius'. The
names of the jurors are carefully given: 'Nomina vero illorum qui
juraverunt, hæc sunt'. Again in the same Abbey's suit for lands in
London, 'per commune consilium de Hustingo, secundum præceptum
regis, elegerunt quatuordecim viros de civibus civitatis Londoniæ qui
juraverunt'. And in this case also we read: 'Hæc sunt nomina illorum
qui juraverunt.... Et hæc sunt nomina eorum in quorum præsentia
juraverunt.'[213]
Public-domain text, read in full here on John Shaqi.
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