The History of England from the Norman Conquest to the Death of John (1066-1216)Adams, George Burton
History
The History of England from the Norman Conquest to the Death of John (1066-1216)
Adams, George Burton
Great Britain -- History -- Medieval period, 1066-1485
Even more important is the evidence which we get from this document of a
royal system of local justice acting in conjunction with the old system
of shire courts. The last half of the writ implies that there had arisen
thus early the questions of disputed jurisdiction, of methods of trial,
and of attendance at courts, with which we are familiar a few generations
later in the history of English law. Distinctly implied is a conflict
between a royal jurisdiction on one side and a private baronial
jurisdiction on the other, which is settled in favour of the lord's
court, if the suit is between two of his own vassals; but if the
disputants are vassals of two different lords, it is decided in favour of
the king's,--that is, of the court held by the king's justice in the
county, who may, indeed, be no more than the sheriff acting in this
capacity. This would be in strict harmony with the ruling feudal law of
the time. But when the suit comes on for trial in the county court, it is
not to be tried by the old county court forms. It is not a case in the
sheriffs county court, the people's county court, but one before the
king's justice, and the royal, that is, Norman method of trial by duel is
to be adopted. Finally, at the close of the writ, appears an effort to
defend this local court system against the liberties and immunities of
the feudal system, an attempt which easily succeeded in so far as it
concerned the king's county courts, but failed in the case of the purely
local courts.[21]
Public-domain text, read in full here on John Shaqi.
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