A History of England, Period I. Mediæval MonarchyBright, J. Franck (James Franck)
History
A History of England, Period I. Mediæval Monarchy
Bright, J. Franck (James Franck)
Great Britain -- History
To carry out this strict police some apparatus was necessary,
which at the same time should serve the purpose of diminishing the
power of the great nobles, and that of beginning at all events,
by its centralizing influence, to re-form the conquered people
and their conquerors into one nation. The rudiments of such an
apparatus Henry found already existing in the arrangements which
the Conqueror had made. The system of frankpledge, increased and
adapted to the more general feudal form of society, supplied him
with an efficient system of police. There was no man in the kingdom
but some one was answerable for him. If he was a vassal, his lord.
If he was a freeman, the knot of freemen of which he was a member.
As courts to carry out this system, there were the old Hundred and
Shire gemots. These Henry strengthened and, it would seem from one
existing order, restored when in any way decayed to their original
purity. To these courts criminal cases belonged, and civil suits
between vassals of different lords. Questions between vassals of
the same lord seem to have fallen within the jurisdiction of the
lord. But these inferior courts, although they were excellent for
police purposes, and as a check upon the powers of the baronial
courts, would have done little towards the formation of nationality
had they not been brought into connection with a superior court
of which the king was chief. This central court consisted of the
King in his ordinary council, which, since the Conquest, was
known as the Curia Regis. Over it was the justiciary, who was the
King’s representative, his regent during his absence, the head of
his administration, both judicial and financial, at all times.
Under him was a selection of barons, the chief officers of the
royal household, and those best qualified for judicial purposes.
The clerks of this court were placed under a head, who was the
chancellor. The judges themselves sat for financial purposes in
the exchequer chamber, and were spoken of as the barons of the
exchequer. For general business they were called justices, and
their head the chief-justice. The organization of this court dates
from the reign of Henry I. The office of chief justiciary had been
founded by William the Conqueror, but the regular formation of the
Exchequer Court was the work of Roger, Bishop of Salisbury, in the
hands of whose family the direction of the machinery remained for
nearly a century.[8] It was afterwards, as we shall see, brought
to its completion by Henry II., but all its essential parts are
to be found in the reign of his grandfather. It was as officers
of finance that the justices first began to traverse the country.
The sheriffs could not always be trusted in their own localities,
and change of property and other causes gave rise to difficult
questions, requiring to be settled by the immediate intervention
of the King’s officers. From financial questions their authority
naturally passed to questions of justice, and their connection
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