The Normans in European historyHaskins, Charles Homer
History
The Normans in European history
Haskins, Charles Homer
Europe -- History; Great Britain -- History -- Medieval period, 1066-1485; Normans -- Europe
In the history of judicial administration the personal initiative of
Henry II is more evident than in finance. The king had an especial
fondness for legal questions and often participated in their decision,
yet his influence was exerted particularly to develop a system of
courts and judges which could work in his absence and without his
intervention. Although the institution is found previously both in
England and Normandy, it is in Henry’s reign that the system of
itinerant justices is fully organized with regular circuits and a
rapidly extending jurisdiction which broke down local privileges and
exemptions and by its decisions created the common law. Hitherto
chiefly a feudal assembly concerned with the causes of the king and
his barons, after Henry’s time the king’s court is a permanent body
of professional judges and a tribunal for the whole realm. It is
no accident that his reign produced in the treatise of Glanvill on
_The Laws and Customs of England_ the first of the great series of
textbooks which are the landmarks of English legal development. Henry’s
reign is also an important period in the growth of Norman law, the
earliest formulation of which reaches us ten years after his death in
the _Très Ancien Coutumier de Normandie_, and the reduction of local
custom to writing is a process which went on in his other continental
possessions; yet, as in finance, England and Normandy plainly took
the lead in legal literature and in legal development. Indeed, the
distinction between justice and finance is less sharp than we might at
first suppose, for the growth of jurisdiction meant increased profit
from fees and fines, and heavy payments were necessary to secure the
intervention of the royal judges. In this sense Henry has often been
called, and rightly, a seller of justice, but his latest biographer
has pointed out that “if the commodity was expensive it was at least
the best of its kind, and there is a profound gulf between the selling
of justice and of injustice. A bribe might be required to set the
machine of the law in motion, but it would be unavailing to divert its
course when once started.”[37] The wheels of government are turned by
self-interest as well as by unselfish statesmanship.
Public-domain text, read in full here on John Shaqi.
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