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
of objects; for hearing civil cases, for inspecting the working
of criminal jurisdiction, and, perhaps before all things, for
arranging the financial matters of the country, and superintending
the sheriffs in all matters connected with the exchequer. The
itinerant justices during their circuits superseded the sheriff’s
authority and presided in his courts. They were also allowed to
enter and preside in the baronial courts. It has been mentioned
that these courts were in most respects complete Hundreds. The two
parallel systems, now on certain occasions presided over by the
same official, were thus assimilated and brought into immediate
connection with the central authority. This administrative
organization gave rise to what is of much political importance, a
new class of barons, new men who had risen by their talents and by
the King’s favour, whose interests were therefore on the side of
order and of the crown. At one period, in 1178, Henry II. appears
to have found his new ministers untrustworthy, at all events in
that year he restricted the Curia Regis to five persons, keeping
the highest appellate jurisdiction in the hands of himself and the
old Curia Regis, which may henceforth be regarded as the King’s
_ordinary council_. The name Curia Regis has thus passed through
three phases; a feudal court, a permanent committee of the feudal
court, and a restricted committee of that committee. In these
various bodies we have the sources of all the judicial bodies in
England. The feudal court, with certain additions, became the
Parliament; without those additions the Great Council, retaining
its natural prerogative of final court of appeal, and represented
now by the House of Lords. The permanent committee, or ordinary
council, is represented by the privy council, still retaining
some of its judicial powers. From its body of clerks, headed by
the chancellor, arose the courts of Chancery. While the limited
committee was divided shortly after the Magna Charta into three
courts, the exchequer, the common pleas, and the king’s bench, at
first with the same judges for all, but by the end of Edward III.’s
reign with a separate staff.
[Sidenote: Origin of jury.]
Public-domain text, read in full here on John Shaqi.
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