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
I. _The Curia Regis as a Court of Law._ The evil complained of was a
characteristically medieval one, and arose from the fact that all
departments of government were originally centred in the king and his
household, or _Curia Regis_, which performed royal and national business
of every kind. This _Curia Regis_, indeed, united in itself the
functions of the modern Cabinet, of the administrative departments (such
as the Home Office, the Foreign Office, and the Admiralty), and of the
various legal tribunals. It was the parent _inter alia_ of the Court at
St. James’s and the courts at Westminster. One result of throwing so
many and miscellaneous duties on a small body of hard-worked officials
was to produce a congestion of business. Nothing could be done outside
of the royal household, and that household never tarried long in any one
spot. Everything was focussed to one point, but to a point constantly in
motion. Wherever the king went, there the _Curia Regis_, with all its
departments, went also. The entire machinery of royal justice followed
Henry II., as he passed, sometimes on the impulse of the moment, from
one of his favourite hunting seats to another. Crowds thronged after him
in hot pursuit, since it was difficult to transact business of moment
elsewhere.
This entailed intolerable delay, annoyance, and expense upon litigants
who brought their pleas for the king’s decision. The case of Richard
d’Anesty is often cited in illustration of the hardships which this
system inflicted upon suitors. His own account is extant and gives a
graphic record of his journeyings in search of justice, throughout a
period of five years, during which he visited in the king’s wake most
parts of England, Normandy, Aquitaine, and Anjou. The plaintiff,
although ultimately successful, paid dearly for his legal triumph.
Reduced to borrow from the Jews to meet his enormous outlays, mostly
travelling expenses, he had to discharge his debts with accumulations of
interest at the ruinous rate of 86⅔ per cent.[534]
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Footnote 534:
Cf. J. F. Stephen, _Hist. of Crim. Law_, I. 88-9.
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Public-domain text, read in full here on John Shaqi.
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