[338] The lands were granted "pro tanto quantum inde reddi solebat," and the knights' service (of Graaland de Tany) "pro tanto servicii quantum de feodo illo debent," which amount is given in Stephen's charter as 7½ knights' service (as also in the _Liber Niger_). [339] "Et si quid defuerit ad C libratas perficiendas, perficiam ei in loco competenti in Essexiâ aut in Hertfordescirâ aut in Cantebriggscirâ ... et totum superplus istorum xx. militum ei perficiam in prenominatis tribus comitatibus." [340] Dr. Stubbs writes: "From the reign of Henry I. we have distinct traces of a judicial system, a supreme court of justice, called the Curia Regis, presided over by the king or justiciary, and containing other judges also called justiciars, the chief being occasionally distinguished by the title of 'summus,' 'magnus,' or 'capitalis'" (_Const. Hist._, i. 377). But, in another place, he points out, of the Great Justiciar, Roger of Salisbury, that "several other ministers receive the same name [_justitiarius_] even during the time at which he was actually in office; even the title of _capitalis justitiarius_ is given to officers of the _Curia Regis_ who were acting in subordination to him" (i. 350). Of this he gives instances in point (i. 389). On the whole it is safest, perhaps, to hold, as Dr. Stubbs suggested, that the style "capitalis" was not reserved to the Great Justiciar alone till the reign of Henry II. (i. 350). [341] _Const. Hist._, i. 389, _note_. [342] See Appendix I. [343] I cannot quite understand Gneist's view that "A better spirit is infused into this portion of the legal administration by the severance of the farm-interest (_firma_) from the judicial functions, which was effected by the appointment of royal _justitiarii_ in the place of the _vicecomes_. The reservation of the royal right of interference now develops into a periodical delegation of matters to criminal judges" (i. 180). It is probable that this eminent jurist has a right conception of the change, and that, if it is obscured, it is only by his mode of expression. But, when arguing from the laws of Cnut and of Henry, as to pleas "in firma," he might, if one may venture to say so, have added the higher evidence of Domesday. There are several passages in the Great Survey bearing upon this subject, of which the most noteworthy is, I think, this, which is found in the passage on Shrewsbury:—"Siquis pacem regis manu propria datam scienter infringebat utlagus fiebat. Qui vero pacem regis a vicecomite datam infringebat, C solidos emendabat, et tantundem dabat qui Forestel vel Heinfare faciebat. _Has iii forisfacturas_ habebat in dominio rex E. in omni Angliâ extra firmas" (i. 152). [344] See Appendix I: "Vicecomites" and "Custodes." [345] _Select Charters_, 141. [346] Foss's _Judges_, i. 145. [347] _Const. Hist._, i. 470.