History of the Origin of Representative Government in EuropeGuizot, François
History
History of the Origin of Representative Government in Europe
Guizot, François
Europe -- History; Representative government and representation
_Curia de more, Curia regis_, signified originally neither
the merely privy council of the king nor his tribunal; it was
evidently a grand assembly at which all the nobles of the kingdom
were present, either to treat of the affairs of State, or to
assist the king in the administration of justice. "The king,"
says the Saxon Chronicle, "was wont to wear his crown three times
a year--at Easter in Winchester; at Whitsuntide in Westminster;
at Christmas in Gloucester; and then there were present with him
all the great men of all England, archbishops and bishops, abbots
and counts, thanes and knights."--"A royal edict," says William
of Malmesbury, "called to the _Curia de more_ all the nobles
of every grade, in order that those sent from foreign countries
might be struck with the magnificence of the company, and with
the splendour of the festivities."--"Under William Rufus," says
Eadmer, "all the nobles of the kingdom came, according to usage,
to the king's court, on the day of our Saviour's nativity."
Anselm, Archbishop of Canterbury, having presented himself _ad
Curiam pro more_, "was received with joy by the king and all
the nobility of the kingdom." In 1109, at Christmas, "the kingdom
of England assembled at London, at the court of the king,
according to custom."
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The Curia Regis.
_Curia regis_ designates generally the place of the king's
residence, and by an extension of meaning the assembly held in
that place; this assembly was general, and not a mere gathering
of permanent judges. William I., summoning the Dukes of Norfolk
and Hereford to attend and receive judgment _in Curia
regis_, "convoked," says Ordericus Vitalis, "all the nobility
to his court." Several judicial assemblies held under William
Rufus, are called _ferme totius regni nobilitas, totius regni
adunatio_. Facts and expressions of the same kind are to be
found in documents of the time of Stephen. Even under Henry II.,
when the Court of King's Bench had already become a distinct
tribunal, the expression _Curia regis_ is applied to the
general assembly collected for the transaction of public
business. Henry convoked his _Curia_ at Bermondsey, _cum
principibus suis de statû regni et pace reformandâ tractans_.
The second of the Constitutions of Clarendon orders all the
immediate vassals of the crown _interesse judiciis curiæ
regis_. The great Council of Northampton, which passed
judgment in the complaints of the crown against Becket, is called
_Curia regis_; it comprised not only the bishops, counts and
barons, but besides these, the sheriffs and the barons _secundæ
dignitatis_. Lastly, under Richard I., the general assembly of
the nobles of the kingdom is still called _Curia regis_ in
the trial of the Archbishop of York: "On this occasion there were
present the Earl of Morton and almost all the bishops, earls and
barons of the kingdom."
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