Great Britain -- History -- Henry II, 1154-1189; Henry II, King of England, 1133-1189
of good government, but because the license of outrage would have
interrupted there turns of the revenue that Henry I. claimed the title of
the "Lion of justice." It was in great measure from a wish to sweep the
fees of the Church courts into the royal Hoard that the second Henry began
the strife with Becket in the Constitutions of Clarendon, and the increase
of revenue was the efficient cause of the great reforms of justice which
form the glory of his reign. It was the fount of English law and English
freedom.
The Curia Regis was composed of the same great officers of the household
as those who sat in the Exchequer, and of a few men chosen by the king
for their legal learning; but in this court they were not known as
"Barons" but as "Justices," and their head was the Chief Justice. The
Curia Regis dealt with legal business, with all causes in which the
king's interest was concerned, with appeals from the local courts, and
from vassals who were too strong to submit to their arbitration, with
pleas from wealthy barons who had bought the privilege of laying their
suit before the king, besides all the perplexed questions which lay far
beyond the powers of the customary courts, and in which the equitable
judgment of the king himself was required. In theory its powers were
great, but in practice little business was actually brought to it in the
time of Henry I; the distance of the court from country places, and the
expense of carrying a suit to it, would alone have proved an effectual
hindrance to its usefulness, even if the rules by which it was guided had
been much more complete and satisfactory than they actually were.
The routine of this system of administration, as well as the mass of
business to be done, effectually interfered with arbitrary action on the
king's part, and the regular and methodical work of the organized courts
gave to the people a fair measure of protection against the tyranny or
caprice of the sovereign. But the royal power which was given over to
justices and barons did not pass out of the hands of the king. He was
still in theory the fount of all authority and law, and could, whenever
he chose, resume the powers that he had granted. His control was never
relaxed; and in later days we find that while judges on circuit who gave
unjust judgment were summoned before the Curia Regis at Westminster, the
judges of the Curia Regis itself were called for trial before the king
himself in his council.
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.
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account