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
with the local courts was further strengthened when Henry united
several sheriffdoms under one of his justices. Following a natural
tendency, the men employed for these offices were not the great
barons, but new men, who rose by their talents, and were naturally
upholders of the royal power and of order in opposition to the
anarchical baronial party.
To sum up; after the year 1108, when the local courts were
re-established, both the Hundred and county courts were the same in
constitution and in arrangement as before the Conquest. But they
were connected with the central government; because matters in
which the King was interested were set aside for the consideration
of the Curia Regis, or travelling justiciary sent out from that
body; and because the Norman lawyers had introduced the practice of
issuing writs from the King’s court, whereby the King, in virtue
of what is called his “equitable power,” that is, his power of
securing justice where the law did not give it, prescribed the
method of action in certain difficult cases. The Hundred court
was sometimes a lower court for the arrangement of small debts;
the Bailiff of the Hundred then presided. Sometimes it was the
great court held only twice a year; the sheriff then presided, the
court exercised criminal jurisdiction, and was known as the “Court
Leet.” It also saw to the filling up of the divisions of ten men
required by the system of Frankpledge; this was called “the view of
frankpledge.” The court was then known as “the Sheriff’s Tourn.”
Below these local courts were the feudal manor courts, the old
motes of the township, now become the courts of the lord. But we
must not suppose that the authority of the sheriff and the local
courts (now virtually royal courts) was universal. Certain great
lords enjoyed franchises, that is, exercised jurisdiction over
several manors. If the lord had “sac and soc,” his court had the
authority of the Court Leet. If he had “the view of frankpledge,”
the suitors at his court were free from attendance at the Sheriff’s
Tourn. His court was then in all points like the Hundred court, but
independent of the sheriff. This double system Henry had apparently
to submit to, watching the baronial power as well as he could, by
means of the local courts and travelling justices.
[Sidenote: The National Assembly.]
It is to be carefully remembered that though the Curia Regis,
representing the King’s council, attested charters, and revised
and registered laws, it had no legislative authority. Both the
imposition of taxes and the making of laws still rested with the
King and his great council, the representative of the Witan, which
had become a feudal court, and consisted chiefly of the King’s
vassals. Their “counsel and consent” was a necessary condition of
all legislation.
STEPHEN.
1135-1154.
Public-domain text, read in full here on John Shaqi.
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