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 normal circumstances, then, prior to the Angevin period, the King’s
Court was merely a tribunal for transacting the king’s own business, or
for holding pleas between the Crown’s own immediate tenants. Even from
an early date, however, the business of the monarch, from the mere fact
that he was lord paramount, was necessarily wider than the business of
any mesne lord. In a dim way, too, it must have been apparent from the
first, that offences against the established order were offences also
against the king, and that, therefore, to redress these was the king’s
business competent in the King’s Courts. Further, the Sovereign’s
prerogative quickly waxed strong, and enabled him to give effect to his
wishes in this as in other matters. The Crown asserted a right (while
admitting no corresponding duty) to investigate any pleas of special
importance, whether civil or criminal. Still, up to the Norman Conquest,
and thereafter under William and his sons, royal justice had made no
deliberate attempt to become national justice, or to supersede feudal
justice. Each kept to its recognized province. The struggle between the
two began only with the reforms of Henry II.[142]
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Footnote 142:
The various stages in the gradual process, extending from the reign of
Henry I. to that of Edward I., by which royal justice insidiously
encroached on feudal justice, may be studied in Professor Maitland’s
admirably lucid account prefaced to _Sel. Pleas in Manorial Courts_,
pp. liii. seq. See also Pollock and Maitland, I. 181-2.
-----
Thus the three great systems of jurisdiction, popular justice, feudal
justice, and royal justice (each depending on a different principle)
succeeded each other, on the whole, in the order in which they are here
named. Yet the sequence is in some ways logical rather than
chronological. No absolute line can be drawn, showing where the
supremacy of one principle ended and that of the next began. For
centuries, all three co-existed, and struggled for the mastery. The
germs of manorial jurisdiction may have been present from an early date.
Shire-courts and hundred courts alike were continually in danger of
falling under the domination of powerful local magnates. Yet the
shire-courts were successful in maintaining till the last (thanks to
royal favour) their independence of the manorial jurisdictions and their
lords; while only a proportion of the hundred courts fell into bondage.
The royal courts, again, exercised an important jurisdiction from the
very foundation of the monarchy; and the king in person, or by deputy,
from an early date, withdrew special causes from the County Courts, and
also interfered with manorial franchises. Finally, the Courts Baron were
never abolished, but only silently undermined by the policy of Henry II.
and his successors, until they gradually sank into decrepitude without
really ceasing to exist.
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