Constitutional machinery.
It is to Henry, aided by his great justiciar, Roger, bishop of
Salisbury, that England owed the institution of the machinery of
government by which it was to be ruled during the earlier middle ages.
This may be described as a primitive kind of bureaucracy, which
gradually developed into a much more complicated system of courts and
offices. Around the sovereign was his _Curia Regis_ or body of
councillors, of whom the most important were the justiciar, the
chancellor and the treasurer, though the feudal officers, the constable
and marshal, were also to be found there. The bulk of the council,
however, was composed of knights and clerks selected by the king for
their administrative or financial ability. The Curia, besides advising
the king on ordinary matters of state, had two special functions. It
sat, or certain members of it sat, under the presidency of the king or
the justiciar, as the supreme court of justice of the realm. In this
capacity it tried the suits of tenants-in-chief, and all appeals from
the local courts. But Henry, not contented with this, adopted the custom
of sending forth certain members of the Curia throughout the realm at
intervals, to sit in the shire court, along with or in place of the
sheriff, and to hear and judge all the cases of which the court had
cognizance. From these itinerant commissioners (justices in eyre)
descend the modern justices of assize. The sheriff, the original
president of the shire court, was gradually extruded by them from all
important business.
But there were other developments of the Curia. The justiciar,
chancellor and treasurer sat with certain other members of the council
as the court of exchequer, not only to receive and audit the accounts of
the royal revenue, but to give legal decisions on all questions
connected with finance. Twice in every year the sheriffs and other royal
officials came up to the exchequer court, which originally sat at
Winchester, with their bags of money and their sheaves of accounts.
Their figures were subjected to a severe scrutiny, and the law was laid
down on all points in which the interests of the sheriff and the king,
or the sheriff and the taxpayer, came into conflict. In this way the
exchequer grew into a law court of primary importance, instead of
remaining merely a court of receipt. Though its members were originally
the same men who sat in the Curia Regis, the character of the question
to be tried settled the capacity in which they should sit, and two
separate courts were evolved. (See EXCHEQUER.)
Public-domain text, read in full here on John Shaqi.
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