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
"Ipsi ponant de se ipsis _Ballivos_ quoscunque voluerint et _Justiciam_
ad servanda placita Coronæ nostræ et ad placitanda eadem placita infra
Burgum suum et quod nullus alius sit inde Justicia nisi quem
elegerint."
Here we have the two offices similarly distinct throughout. We have also
the _ballivi_, representing to the town what the _vicecomes_ represents
to the shire, a point which it is necessary to bear in mind. The
"bailiff," so far as the town was concerned, stood in the sheriff's
shoes. So also did the "coroner" (or "coroners") in those of the
justice. Indeed, at Colchester, two "coroners" represented the "justice"
of the charter. I cannot find that Dr. Stubbs calls attention to the
fact of this twin privilege, the fact that exemption from the sheriff
and from the justice went, in these charters, hand in hand.
Lastly, we should observe that though, in these charters, the clause
relating to the sheriff precedes that which relates to the justice, yet,
conversely, in the enumeration of those to whom a charter is directed,
"justices" are invariably, I believe, given the precedence of
"sheriffs." This, which would seem to have passed unnoticed, may have an
important bearing. Ordericus, in a famous passage (xi. 2) describing
Henry's ministers, tells us how the king
"favorabiliter illi obsequentes de ignobili stirpe illustravit, de
pulvere, ut ita dicam, extulit, dataque multiplici facultate _super_
consules et illustres oppidanos exaltavit.... Illos ... rex, cum de
infimo genere essent, nobilitavit, regali auctoritate de imo erexit, in
fastigio potestatum constituit, ipsis etiam spectabilibus regni
principibus formidabiles effecit."
Observe how vivid a light such a passage as this throws upon the clause
in Geoffrey's charter:—
"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 whole clause breathes the very spirit of feudalism. It betrays the
hatred of Geoffrey and his class for those upstarts, as they deemed
them, the royal justices, who, clad in all the authority of the Crown,
intruded themselves into their local courts and checked them in the
exercise of their power. Henceforth, in the courts of the favoured earl,
the representative of the Crown was to make his appearance not
regularly, but only now and then ("aliquando"); moreover, when he came,
he was to figure in court not as the superior ("super eum"), but as the
colleague ("cum illo") of the earl; and, lastly, he was not to belong to
the upstart ministerial class: he was to be one of his own class—of his
"peers" ("de paribus suis").
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