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
Almost the only source of medieval law before the fourteenth century was
custom, and the strong tendency of customary law was to break into local
fragments, each differing in more or less important points from the rest.
Beaumanoir in the thirteenth century laments the fact that every
castellany in France had a differing law of its own, and Glanville still
earlier makes a similar complaint of England. But the day was rapidly
approaching in both lands when the rise of national consciousness under
settled governments, and especially the growth of a broader and more
active commerce, was to create a strong demand for a uniform national
law. What influences affected the forming constitutions of the states of
Europe because this demand had to be met by recourse to the imperial law
of Rome, the law of a highly centralized absolutism, cannot here be
recounted. From these influences, whether large or small, from the
necessity of seeking uniformity in any ready-made foreign law, England
was saved by the consequences of Henry's action. The king's court rapidly
created a body of clear, consistent, and formulated law. The itinerant
justice as he went from county to county carried with him this law and
made it the law of the entire nation. From these beginnings arose the
common law, the product of as high an order of political genius as the
constitution itself, and now the law of wider areas and of more millions
of men than ever obeyed the law of Rome.
One technical work, at once product and monument of the legal activity of
this generation, deserves to be remembered in this connexion, the
Treatise on the Laws of England. Ascribed with some probability to
Ranulf Glanvill, Henry's chief justiciar during his last years, it was
certainly written by some one thoroughly familiar with the law of the
time and closely in touch with its enforcement in the king's court. To us
it declares what that law was at the opening of its far-reaching history,
and in its definiteness and certainty as well as in its arrangement it
reveals the great progress that had been made since the law books of the
reign of Henry I. That progress continued so rapid that within a hundred
years Glanvill's book had become obsolete, but by that time it had been
succeeded by others in the long series of great books on our common law.
Nor ought we perhaps entirely to overlook another book, as interesting in
its way, the Dialogue of the Exchequer. Written probably by Richard
Fitz Neal, of the third generation of that great administration family
founded by Roger of Salisbury and restored to office by Henry II, the
book gives us a view from within of the financial organization of the
reign as enlightening as is Glanvill's treatise on the common law.
Public-domain text, read in full here on John Shaqi.
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