Magna Carta: A Commentary on the Great Charter of King John: With an Historical Introduction — John Shaqi
Magna Carta: A Commentary on the Great Charter of King John: With an Historical IntroductionMcKechnie, William Sharp
History
Magna Carta: A Commentary on the Great Charter of King John: With an Historical Introduction
McKechnie, William Sharp
Constitutional history -- England -- Sources; Law -- England -- History; Law -- England -- Sources; Magna Carta
With the accession of Henry II. the problem was, thanks to his energy
and genius, more satisfactorily solved, or at least forced once more
into the background. That great ruler was strong enough to prevent the
growth of the hereditary principle as applied to offices either of the
Household or of local magistrates. The sheriffs were frequently changed,
not only by the drastic and unique measure known as the Inquest of
Sheriffs, but systematically, and as a normal expedient of
administration. For the time being, the local government was kept in
proper subjection to the Crown; and gradually the problem solved itself.
The power of the sheriffs tended in the thirteenth century to decrease,
chiefly because they found important rivals not only in the itinerant
judges, but also in two new officers first heard of in the reign of
Richard I., the forerunners of the modern Coroner and Justice of the
Peace respectively. All fear that the sheriffs as administrative heads
of districts would assert practical independence of the Crown was thus
at an end. Yet each of them still remained a petty tyrant over the
inhabitants of his own bailiwick. While the Crown was able and willing
to avenge any direct neglect of its own interests, it was not always
sufficiently alert to avenge wrongs inflicted upon its humble subjects.
The problem of local government, then, was fast losing its pressing
importance as regards the Crown, and taking a new form, namely, the
necessity of protecting the weak from unjust fines and oppressions
inflicted on them by local magistrates. The sheriff’s local power was no
longer a source of weakness to the monarch, but had become an effective
part of the machinery which enabled the Crown to levy with impunity its
always increasing taxation.
III. William I. to Henry II.—Problem of Church and State.
Public-domain text, read in full here on John Shaqi.
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