Geoffrey de Mandeville: A study of the AnarchyRound, John Horace
History
Geoffrey de Mandeville: A study of the Anarchy
Round, John Horace
Great Britain -- History -- Stephen, 1135-1154; Mandeville, Geoffrey de, earl of Essex, -1144
Incidentally, we have here witness to that system, of which the
Pipe-Roll of 1130 is the solitary but vivid exponent, and under which
the very name of "plea" became a terror to all men. Every man was
liable, on the slightest pretext, to be brought within the meshes of the
law, with the object, as it seemed, and at least with the result, of
swelling the royal hoard (cf. pp. 11, 12, _n._ 1). Even to secure one's
simplest rights money had always to be paid. Thus, here, Geoffrey
stipulates that he and his men are to hold their possessions "sine
placito," and "ita quod ... non ponantur in ullo modo in placito de
aliquo forisfacto," etc., etc. So again, in his later charter, we find
him insisting that he and they shall hold all their possessions "sine
placito et sine pecuniæ donatione," and that "Rectum eis teneatur de
eorum calumpniis sine pecuniæ donatione." The exactions he dreaded meet
us at every turn on the Pipe-Roll of 1130.
But, on the other hand, the charter, broadly speaking, illustrates, by
the retrograde concessions it extorts, the cardinal factor in the long
struggle between the feudal nobles and their lord the king, namely,
their jealousy of that royal jurisdiction by which the Crown strove, and
eventually with success, to break their semi-independent power, and to
bring the whole realm into uniform subjection to the law.
After the clauses conferring on Geoffrey the _hereditary_ shrievalty of
Essex, a matter which I shall discuss further on, there immediately
follows this passage, the most significant, as I deem it, in the whole
charter:—
"Et ut sit Capitalis Justicia in Essexiâ hereditabiliter mea et heredum
meorum de placitis et forisfactis que pertinuerint ad coronam meam, ita
quod non mittam aliam justiciam super eum in comitatu illo nisi ita sit
quod aliquando mittam aliquem de paribus suis qui audiat cum illo quod
placita mea juste tractentur."
The first point to be dealt with here is the phrase "_Capitalis_
Justicia in Essexiâ." Here we have the term "capitalis" applied to the
_justicia_ of a single county. On this I would lay some stress, for it
has been generally supposed that this style was reserved for the Great
Justiciary, the _alter ego_ of the king himself.[340]
In his learned observations on the "obscurities" of the style
"_justitia_ or _justitiarius_," Dr. Stubbs writes that "the _capitalis
justitia_ seems to be the only one of the body to whom a determinate
position as the king's representative is assigned in formal documents"
(i. 389). It was probably the object of Geoffrey, when he secured this
particular style, to obtain for himself all the powers vested in "the
king's representative," and so to provide against his supersession by a
justiciar claiming in that capacity.
Let us now examine the witness of the charter to the differentiation of
the sheriff (_vicecomes_) and the justice (_justitia_), for that is the
development which its terms involve.
Public-domain text, read in full here on John Shaqi.
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