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Legal Definitions - laudamentum
Definition of laudamentum
The term laudamentum refers to a historical legal concept for a decision or award made by a jury.
In ancient and medieval legal systems, particularly those involving community participation in justice, a laudamentum represented the collective judgment of a group of peers regarding a dispute, accusation, or claim. It signifies the formal pronouncement of the jury's findings and the resolution they determined.
Example 1: Land Boundary Dispute
Imagine a scenario in 12th-century England where two neighboring landowners are in disagreement over the exact boundary between their estates. The dispute is brought before a local court, and a jury composed of twelve respected freemen from the surrounding area is assembled to hear testimony, examine local landmarks, and consider customary land use. After careful deliberation, the jury issues a formal declaration establishing the rightful boundary and perhaps awarding a small portion of the disputed land to one party.
This authoritative declaration and resolution by the jury, settling the land dispute, would have been considered a laudamentum.
Example 2: Criminal Accusation in a Manorial Court
Consider a village in the 14th century where a serf is accused of poaching deer from the lord's forest. The matter is brought before the manorial court, where a jury of other villagers and tenants is tasked with determining the truth of the accusation. They listen to witnesses and assess the evidence presented. If the jury finds the serf guilty and decides upon a penalty, such as a fine or a period of labor, this formal judgment of guilt and the prescribed consequence.
This collective decision by the jury, establishing guilt and determining the appropriate award or penalty, would be an instance of a laudamentum.
Example 3: Commercial Grievance in a Guild Court
In a bustling medieval trading town, two merchants have a disagreement over a shipment of goods; one claims the other failed to deliver the agreed quantity. The dispute is brought before the local merchant guild's court, where a panel of experienced merchants, acting as a jury, reviews ledgers, hears arguments from both sides, and examines trade customs. The jury ultimately decides that one merchant owes the other compensation for the undelivered goods.
This decision, which resolves the commercial grievance and awards damages to the wronged party, serves as an example of a laudamentum.
Simple Definition
Laudamentum is a historical legal term referring to a jury award. In past legal systems, it was the formal decision or judgment rendered by a jury in a case.