Medieval EuropeDavis, H. W. Carless (Henry William Carless)
History
Medieval Europe
Davis, H. W. Carless (Henry William Carless)
Europe -- History -- 476-1492; Middle Ages
Courts of Common Law is primarily concerned with suits which affect the
royal revenue. Such was the English scheme of administration, and
_mutatis mutandis_ it was reproduced in France. Here the royal
demesne, small in the eleventh and twelfth centuries, was enormously
enlarged by the annexations of Philip Augustus and the later Capets, who
brought under their immediate control the larger part of the Angevin
inheritance, the great fiefs of Toulouse and Champagne, and many smaller
territories. To provide for the government of these acquisitions, there
was built up, in the course of the thirteenth century, an administrative
hierarchy consisting of provosts, who correspond to the bailiffs of
English hundreds, of _baillis_ and _senechaux_ who resemble the English
sheriffs, of _enqueteurs_ who perambulate the demesne making inspections
and holding sessions in the same manner as the English Justices in Eyre.
All these functionaries are controlled, from the time of St. Louis, by
the _Chambre des Comptes_ and the _Parlement_, the one a fiscal
department, the other a supreme court of first instance and appeal.
Within the _Parlement_ there is a distinction between the Courts of
Common Law and the _Chambre des Reqeutes_ which deals with petitions by
the rules of Equity.
The vices of both systems were the same. The local officials were too
powerful within their respective spheres; neither inspectors nor royal
courts proved adequate as safeguards against corruption and abuses of
authority, which were the more frequent because the vicious expedients
of farming and selling offices had become an established practice.
Otherwise the English system was superior to that of France,
particularly in making use for certain purposes of local representatives
as an additional check upon the servants of the Crown. The English shire
was in fact as well as in law a community with a true corporate
character (_communitas_), and possessed a public assembly which was
a law court and a local parliament in one. Though the ordinary suitor
counted for little, the secondary landowners, united by ties of local
sentiment and personal relationship, took a lively interest and an
active share in the business of the shire court, upholding the local
custom against sheriffs and judges, serving as jurors, as assessors of
taxes, as guardians of the peace, and (from the fourteenth century) as
petty magistrates. Whether elected by their fellows or the nominees of
the Crown, these functionaries were unpaid, and regarded themselves as
the defenders of local liberty against official usurpations. In France
the district of the _bailli_, and still more that of his subordinate the
_prevot_, was an arbitrary creation, without natural unity or corporate
sentiment; there was therefore no organised resistance to executive
authority, and no reason why the Crown should court the goodwill of the
landed gentry. In the lower grades of the Plantagenet system a powerful
Public-domain text, read in full here on John Shaqi.
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