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
In later days (but not till long after Magna Carta) each manorial
tribunal split into three distinct courts, according to the class of
pleas it was called upon to try. Later writers distinguish absolutely
from each other, the Court Baron, settling civil disputes between the
freeholders of the manor; the Court Customary, deciding non-criminal
cases among the villeins; and the Court Leet, a petty criminal court
enforcing order and punishing small offences. The powers of these courts
might vary, and in many districts the jurisdiction over misdemeanours
belonged not to the steward of the lord of the manor, but to the sheriff
in his half-yearly Circuits or “Tourns” through the county. In the
imperfectly feudalized districts the Tourn of the sheriff, as the
representative of the Crown, performed the same functions as the Court
Leet performed within the territories of a franchise.
(3) _Royal Courts._ Originally, the King’s Court had been merely one
feudal court among other feudal courts—differing in degree rather than
in kind from those of the great earls or barons. The King, as a feudal
lord, dispensed justice among his feudal tenants (whether barons and
freemen or only servile dependents), just as any baron or freeman
dispensed justice among _his_ tenants, bond or free. No one dreamed, in
the time of the Norman Kings, that the _Curia Regis_ would or could
undertake the enormous labour of dispensing justice for the whole nation
(or even of supervising the courts which did dispense it). Each
individual must, on the contrary, look for the redress of wrongs either
to the court of the people of his own district, or to the court of his
lord. Royal justice for all (in the modern sense) was simply impossible.
The monarchy had no machinery at command for effecting this. The task
was a gigantic one, which no Anglo-Saxon King, which not even William
I., could possibly have undertaken. No attempt in this direction was
made by the Crown until the reign of Henry II., who was placed in a
position of unprecedented power, partly by circumstances, but chiefly by
his great abilities. Even he, born reformer as he was, would never have
increased so greatly the labours of government, if he had not clearly
seen how enormously the change would enhance both the security of his
throne and the revenue of his exchequer.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account