Legal antiquities : $b A collection of essays upon ancient laws and customsWhite, Edward J. (Edward Joseph)
History
Legal antiquities : $b A collection of essays upon ancient laws and customs
White, Edward J. (Edward Joseph)
Criminal law -- History; Law -- History; Law, Ancient; Punishment -- History
Following the beneficent policy, illustrated by the old Mosaic code, of
bringing justice home to every man’s door, as nearly as may he, it was
the general plan of Anglo-Saxon society, as designed and shaped by the
great King Alfred and other early kings, to have such a system of courts
as would speedily dispense justice to all the people, under the various
conditions of society. Anglo-Saxon courts did not have the means of
compelling obedience to their mandates for the majesty of the law was not
the rule implicitly followed by all classes, in the beginning, but before
many centuries, following King Alfred’s time, we find that it had become
the fixed rule of life.[33]
From the early _gemot_, of the Anglo-Saxon period, we soon find the
regular county court and hundred court, where poor and rich alike were
entitled to receive justice, without price and without delay.[34] The
expeditious court of _piepoudre_, (the dusty foot court)—which dispensed
justice as speedily as dust falls from the foot[35]—furnished speedy
justice for small cases, while the _curia regis_, established by William
the Conqueror, held in the royal palace, presided over by the king
himself and his chief justiciar, with court barons, presided over by
the lords of the realm, furnished, for many centuries a complete system
of judiciture for the hearing of the ordinary causes in the realm.[36]
The King was the fountain of justice and it was his business to see
justice done, where the litigant failed to get his cause heard in the
jurisdiction of his own hundred. Of course as a natural result of such
a policy, the right of dispensing justice and receiving the profits
thereof, under the Normans, soon became hereditary rights, passing to
successive lords, whose judgments were supreme, unless the King himself
ordered the entering of a certain judgment.[37] The Court of King’s
Bench, the Court of Common Pleas and the High Court of Chancery, by
gradual processes of time, succeeded to the principal places among
the courts of later centuries, with the establishment by Henry II., A.
D. 1176, of the _justices itinerant_, who divided the realm into six
circuits and afterwards followed a fixed judicial system.[38]
From the reign of William the Conqueror, until that of King John, the
administration of Justice was still kept in the hands of the king, who
was regarded as the source of all justice and law; after the conquest,
the various prerogatives of the crown were increased and it was during
this precarious state of the law that the subjects were obliged to
purchase the favor of the sovereign, in order to obtain justice in the
king’s courts.[39]
So dependent upon the will of the sovereign was the tenure of the judge,
during the reign of Richard I., that we find William de Longchamp, chief
justiciary and chancellor, was removed from his office, by the intrigue
of John, Earl of Morton, the king’s brother.[40]
Public-domain text, read in full here on John Shaqi.
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