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
[862] See the lists in Stubbs, _Gesta Hen._, vol. ii., pref. p.
lxv, note 5, and Eyton, _Itin. Hen. II._, p. 176; from the Pipe
Roll 19 Hen. II. (a. 1173).
[863] See lists in _Gesta Hen._ (Stubbs), vol. i. pp. 107, 108.
[864] Ass. Clar., c. 19 (Stubbs, _Select Charters_, p. 145).
[865] Stubbs, _Gesta Hen._, vol. ii. pref. pp. lxix, lxx and
notes.
This first distribution of circuits however was soon altered. In
the very next year the same eighteen officers made, in addition to
their judicial circuits, a general visitation of the realm for fiscal
purposes, in four companies instead of six;[866] and on Henry’s return
to England in the summer of 1178 he made what at first glance looks
like a sweeping change in the organization of the Curia Regis. “The
king,” we are told, “made inquiry concerning his justices whom he had
appointed in England, whether they treated the men of the realm with
righteousness and moderation; and when he learned that the country and
the people were sore oppressed by the great multitude of justices--for
they were eighteen in number--by the counsel of the wise men of the
realm he chose out five, two clerks and three laymen, who were all of
his private household; and he decreed that those five should hear all
the complaints of the realm, and do right, and that they should not
depart from the king’s court, but abide there to hear the complaints of
his men; so that if any question came up among them which they could
not bring to an end, it should be presented to the king’s hearing and
determined as might please him and the wise men of the realm.”[867]
From the mention of the number eighteen it appears that the persons
against whom were primarily directed both the complaint of the people
and the action of the king were the justices-in-eyre of the last two
years; and this is confirmed by the fact that of all these eighteen,
only six were among the judges who went on circuit in 1178 and 1179,
while from 1180 onwards only one of them reappears in that capacity,
though many of them retained their functions in the Exchequer. In 1178
and 1179 moreover the circuits were reduced from six to two, each
being served by four judges.[868] The enactment of 1178, however,
evidently touched the central as well as the provincial judicature,
and with more important results. It took the exercise of the highest
judicial functions out of the hands of the large body of officers who
made up the Curia Regis as constituted until that time, and restricted
it to a small chosen committee. This was apparently the origin of a
limited tribunal which, springing up thus within the Curia Regis, soon
afterwards appropriated its name, and in later days grew into the Court
of King’s Bench. At the same time the reservation of difficult cases
for the hearing of the king in council points to the creation, or
rather to the revival, of a yet higher court of justice, that of the
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