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
The period which elapsed between the suppression of the great
rebellion and the outbreak of the quarrel between Henry and his
sons is the period of his greatest power. It is at this time that
we find the greatest marks of his activity as a lawgiver. The year
1176 is marked by the great Assize of Northampton, an expansion of
a similar Assize of Clarendon in the year 1166, the fruit perhaps
of his experience in the late rebellion, and the knowledge gained
by his inquiries into the conduct of the sheriffs in 1170. That
inquiry, which was called for by the complaints of the exactions
of the sheriffs, proved to him that their conduct had not been
free from peculation, and led him to believe that the employment
of local nobles as his chief officials was dangerous. He took
the opportunity of making a general examination of the judicial
system of the country, the fruit of which was the concentration and
organization of the Curia Regis, and the arrangements embodied in
the Assize of Northampton. The King’s court consisted originally,
as has been already mentioned, of all those tenants who held
their land direct from the crown (tenants _in capite_), and was
the ordinary feudal court, and the natural parent of our present
Parliament, and especially of the House of Lords. But for the
ordinary despatch of business, whether judicial or financial,
what may be regarded as a permanent committee of this body of
immediate holders was employed. This committee consisted of the
great officers of the household, such as the chancellor, treasurer,
marshal and others, and other selected barons closely connected
with the royal household. The head of this committee, or Curia
Regis, was the great justiciary, the King’s representative. The
royal chaplains or clerks were formed into a body of secretaries,
at the head of which was the chancellor. The Curia Regis at first
attended the King and had a twofold duty; when they sat as judges
its members were called justices, in financial questions they
sat in the exchequer[28] chamber, and were called barons. This
administrative system, which had been organized in Henry I.’s
reign, was entirely destroyed by the wild reign of Stephen. Its
reconstitution was the great work of Henry II. In the earlier part
of his reign the visitations were renewed upon the old system,
the itinerant justice being usually either the great justiciary,
chancellor, or some other great household officer. In the year
1168 four barons of the exchequer performed this duty; in 1176
the country was divided into six circuits. This number was not
permanent, several alterations were made in it. Nor was the number
of visitations thoroughly established. By Magna Charta in John’s
reign commissions are promised four times a year, but shortly
afterwards it would seem that the general journey of the itinerant
justices was every seven years, until the reign of Edward I. It
is to be remembered that these visitations were for all sorts
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