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
III. _Effects of Magna Carta on the genesis of the three Courts of
Common Law._ The ultimate consequences of the accomplishment of this
reform reached further than was foreseen. Intended merely to remove from
litigants a practical grievance of frequent occurrence, it had important
indirect effects on the development of the English Constitution. By
securing for common pleas a permanent home, it gave an impetus to the
disintegrating tendencies already at work within the many-sided
household of the king. It contributed somewhat to the slow process
whereby the _Curia Regis_, as an administrative organ, was
differentiated from the same _Curia_ as the dispenser of justice. It
helped forward the cleavage destined to divide completely the future
Courts of Westminster from the Court of St. James’s and from Downing
Street. Nor was this all: the special treatment accorded to “common
pleas” emphasized the distinction between them and royal pleas, and so
contributed to the splitting up of the same _Curia Regis_, on its
judicial side, into two distinct tribunals. One little group of judges
were set apart for hearing common pleas, and were known as "the king’s
Judges of the Bench," or more briefly as “the Bench,” and at a later
date as the Court of Common Pleas. A second group, reserved for royal
pleas, became the court _Coram Rege_, known subsequently as the Court of
King’s Bench. There were thus two benches: a common bench for common
pleas and a royal bench for pleas of the Crown.[537]
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Footnote 537:
Cf. _supra_, 109.
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The double process by which these two small courts separated themselves
slowly from the parent court and from each other began long prior to
Magna Carta, and was not completed before the close of the thirteenth
century. These benches were also closely linked with a third bench,
known for centuries as the Court of Exchequer, which was in its origin
merely one department of that government bureau, the king’s financial
Exchequer—that office in which money was weighed and tested and the
royal accounts drawn up. Many disputes or pleas affecting Crown debts
and debtors had to be there decided, and in due time a special group of
officials were set aside to try these. These men, called, not judges,
but “barons of the exchequer,” formed what was in fact, though not in
name, a third bench or court of justice.
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