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
Provision is thus made for holding before the king’s travelling
justices, frequently and in a convenient manner, three species of
judicial inquests known as “the three petty assizes.” These are of
exceptional interest, not only in relation to Magna Carta, but from
their intimate connection with several constitutional problems of prime
importance; with the reforms of Henry II. on the one hand, and with the
genesis of trial by jury and of the Justices of Assize on the other.
I. _The Curia Regis and the travelling Justices._ From an early date,
certainly from the accession of Henry I., it was the Crown’s practice to
supplement the labours which its officials conducted within the
precincts of the royal exchequer by the occasional despatch of chosen
individuals to inspect the provinces in the royal interests, collecting
information and revenue, and, incidentally, hearing lawsuits. Justice
was thus dispensed in the king’s name by his delegates in every shire of
England, and a distinction arose between two types of royal courts: (1)
_the King’s Council and its offshoots_ (including the three courts of
common law and the court of chancery) which at first followed the king’s
person, but gradually, as already shown,[549] found a settled home at
Westminster; and (2) _the courts of the itinerant justices_ which
exercised such delegated authority as the Crown chose from time to time
to entrust to them. The natural sphere of the labours of these royal
commissioners as they passed from district to district was the court of
each shire, specially convened to meet them. They formed in this way the
chief link between the old local popular courts and the system of royal
justice organized by Henry II.,[550] subordinating the former to the
latter, until the county courts virtually became royal courts. These
travelling justices passed through two stages, two different types
receiving royal recognition at different periods, the Justices in Eyre
and the Justices of Assize respectively.
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Footnote 549:
See _supra_, c. 17.
Footnote 550:
Cf. _supra_, p. 106.
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(_a_) _The Justices in Eyre_ were the earliest form of travelling
judges, though their original duties were rather financial and
administrative, than strictly judicial. Their history extends from the
reign of Henry I. to the end of the fourteenth century.[551] Their
outstanding characteristics were the sweeping nature of the commissions
under which they acted (_ad omnia placita_), the harsh and drastic way
in which they used their authority, and their intense unpopularity.
Their advent was dreaded like a pestilence: each district they visited
was left impoverished by fines and penalties. On one occasion, the men
of Cornwall “from fear of their coming, fled to the woods.”[552]
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Footnote 551:
See W. S. Houldsworth (_History of English Law_, p. 115), who cites
1397 as the date of the final abolition of Eyres.
Footnote 552:
This was in 1233: see Pollock and Maitland, I. 181.
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