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
The Court of Exchequer, instituted by William the Conqueror, was,
at first, only a simple court for receiving the accounts of the
administration of the king's revenues, and those of the sheriffs,
bailiffs, &c., and for judging the suits that arose on this
subject. It was composed of barons, chosen by the king to form
his council, and to aid him in his government. In proportion as
the larger assembly, the _Curia regis_, came to be held less
frequently, so did the Court of Exchequer gain in importance. The
barons who composed it began to judge on their own
responsibility, and alone, in the absence and before the
convocation of the assembly; this change was introduced by
necessity, confirmed by custom, and finally sanctioned and
established by law. About the year 1164, another royal court of
justice, distinct from the Court of Exchequer, arose out of it,
the members of which, however, were the same as those composing
the Court of Exchequer. The kings lent their assistance to this
change, because it benefited their revenues. At this period were
established _writs of chancery_, which gave to purchasers
the right to apply at once to the royal justice, without
previously passing the subordinate courts of justice. Soon the
ignorance of the freeholders, who composed the county-courts,
necessitated the same extension of the royal justice there also,
and, in the reign of Henry I., _itinerant justices_ were
sent into the counties, in order to administer there in the same
way as was done by the Court of Exchequer. This institution was
in full vigour only during the reign of Henry II.
In this way the predominant influence of the king, in judicial
order, was established; this was a powerful instrument in
producing centralization and unity, and yet, as the royal judges
only interposed their services as supplementary to the
institution of the jury, and did not substitute them for it, for
questions of fact and questions of right remained distinct,--the
germ of free institutions, that existed in the judicial order,
was not entirely destroyed.
{298}
Functions Of The National Assembly.
A king invested with such powerful resources could with
difficulty be restrained by an irregular assembly; accordingly
the government of the Norman kings was almost always arbitrary
and despotic. Persons and property were never in security; the
laws, taxes, and judicial sentences were almost always merely an
expression of the royal will.
Public-domain text, read in full here on John Shaqi.
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