England under the Angevin Kings, Volume IINorgate, Kate
History
England under the Angevin Kings, Volume II
Norgate, Kate
Anjou, House of; England -- Civilization -- 1066-1485; Great Britain -- History -- Angevin period, 1154-1216
before the Exchequer;[860] and two others defined the justices’
authority, as extending, in judicial matters, over all pleas of the
Crown, both in criminal causes and in civil actions concerning half a
knight’s fee or less; and in fiscal matters, over escheats, wardships,
and lands and churches in royal demesne.[861]
[852] On January 26. R. Diceto (Stubbs), vol. i. p. 404.
Cf. _Gesta Hen._ (Stubbs), vol. i. p. 107, and Rog. Howden
(Stubbs), vol. ii. p. 87. The _Gesta_ date it merely “circa
festum Conversionis S. Pauli”; Roger turns this into “in
festo,” etc., and adopts the reading “Nottingham” instead of
“Northampton.” Gerv. Cant. (Stubbs), vol. i. pp. 257, 258,
confounds the Assize of Clarendon with the Constitutions.
[853] Cf. articles 1–3, 12 of Ass. Northampton (Stubbs, _Select
Charters_, pp. 150, 151, 152), with Ass. Clarendon, cc. 1–4,
13, 15, 16 (_ib._ pp. 143, 144, 145). The Assize of Northampton
is given in the _Gesta Hen._ as above, pp. 108–110, and by Rog.
Howden as above, pp. 89–91.
[854] Ass. North., c. 1 (Stubbs, as above, p. 151).
[855] _Ib._ c. 4 (pp. 151, 152).
[856] Ass. North., c. 6 (Stubbs, _Select Charters_, p. 152).
[857] _Ib._ c. 8 (as above).
[858] _Ib._ c. 11 (_ibid._)
[859] _Ib._ c. 13 (pp. 152, 153).
[860] _Ib._ c. 10 (p. 152).
[861] _Ib._ cc. 7 and 9 (_ibid._).
The visitations of the justices by whom this assize was carried into
effect were arranged upon a new plan, or rather upon a modified form
of the plan which had been adopted two years before for the assessment
of a tallage upon the royal demesnes, to meet the cost of the expected
war. It was at that terrible crisis, when most men in Henry’s place
would have had no thought to spare for anything save the military
necessities and perils of the moment, that he had first devised and
carried into effect the principle of judicial circuits which with some
slight changes in detail has remained in force until our own day. This
tallage was levied by nineteen barons of the Exchequer, distributed
into six companies, each company undertaking the assessment throughout
a certain district or group of shires.[862] The abandonment of
this scheme in the assizes of the two following years was probably
necessitated by the disturbed state of the country. But at the council
of Northampton the kingdom was again definitely mapped out into six
divisions, to each of which three justices were sent.[863] In the
report of their proceedings in the Pipe Roll of the year they are for
the first time since the Assize of Clarendon[864] officially described
by the title which they had long borne in common speech, “_justitiæ
itinerantes_” (or “_errantes_”), justices-in-eyre; and it is from this
time that the regular institution of itinerant judges is dated by
modern legal historians.[865]
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