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
offices were most of them local magnates, whose chances of oppression
and whose inclination towards a feudal administration of justice were
too great. In their place Henry instituted officers of the Exchequer,
less closely connected with the counties by property, and more amenable
to royal influence, as well as more skilled administrators—another step
towards the concentration of the provincial jurisdiction under the
_Curia Regis_."[345]
This passage enables us to see how essentially contrary to the policy of
the Crown were the provisions of Geoffrey's charter. It not only
feudalized the local shrievalty by placing it in the hands of a feudal
magnate, and, further still, making it hereditary, but it seized upon
the centralizing office of justice, and made it as purely local, nay, as
feudal as the other.
But let us return to the point from which we started, namely, the
witness of Geoffrey's charter to the differentiation of the sheriff and
the justice. It proves that the sheriff could no longer discharge the
functions of "a royal justiciary," without a separate appointment to
that distinct office. When we thus learn how Geoffrey became both
sheriff and justice of Essex, we can approach in the light of that
appointment the writ addressed "Ricardo de Luci Justic' et Vicecomiti de
Essexa," on which Madox relies for Richard's tenure of the post of chief
justiciary.[346] It may be that Richard's appointment corresponded with
that of Geoffrey. But whatever uncertainty there may be on this point,
there can be none on the parallel between Geoffrey's charter and that
which Henry I. granted to the citizens of London. Indeed, in all
municipal charters of the fullest and best type, we find the functions
of the sheriff and the justice dealt with in the same successive order.
The striking thought to be drawn from this is that the feudatories and
the towns, though their interests were opposed _inter se_, presented to
the Crown the same attitude and sought from it the same exemptions. In
proof of this I here adduce three typical charters, arranged in
chronological order. The first is an extract from that important charter
which London obtained from Henry I., the second is taken from Geoffrey's
charter, and the third from that of Richard I. to Colchester, which I
quote because it contains the same word "justicia," and also because it
is, probably, little, if at all, known.
CHARTER OF HENRY I. TO LONDON.
"Ipsi cives ponent _vicecomitem_ qualem voluerint de se ipsis, _et
justitiarium_ qualem voluerint de se ipsis ad custodiendum placita
coronæ meæ et eadem placitanda; et nullus alius erit Justitiarius super
ipsos homines Londoniarum."
CHARTER OF THE EMPRESS TO GEOFFREY.
"Concedo ei et heredibus suis ... _vicecomitatum_ Essexie. Et ut sit
Capitalis _Justicia_ ... de placitis et forisfactis que pertinuerint ad
coronam meam, ita quod non mittam aliam Justiciam super eum in comitatu
illo," etc.
CHARTER OF RICHARD I. TO COLCHESTER.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account