FREE BOOKS

Author's List




PREV.   NEXT  
|<   472   473   474   475   476   477   478   479   480   481   482   483   484   485   486   487   488   489   490   491   492   493   494   495   496  
497   498   499   500   501   502   503   504   505   506   507   508   509   510   511   512   513   514   515   516   517   518   519   520   521   >>   >|  
The king himself often sat in his court, which always attended his person [h]: he there heard causes and pronounced judgment [i]; and though he was assisted by the advice of the other members, it is not to be imagined that a decision could easily be obtained contrary to his inclination or opinion. In his absence the chief justiciary presided, who was the first magistrate in the state, and a kind of viceroy, on whom depended all the civil affairs of the kingdom [k] The other chief officers of the crown, the constable, mareschal, seneschal, chamberlain, treasurer, and chancellor [l], were members, together with such feudal barons as thought proper to attend, and the barons of the exchequer, who at first were also feudal barons, appointed by the king [m]. This court, which was sometimes called the king's court, sometimes the court of exchequer, judged in all causes, civil and criminal, and comprehended the whole business which is now shared out among four courts, the chancery, the king's-bench, the common-pleas, and the exchequer [n]. [FN [h] Madox, Hist. of Exch. p. 103. [i] Bracton, lib. 3. cap. 9. Sec. 1. cap. 10. Sec. 1. [k] Spellm. Gloss. in verbo JUSTICIARII. [l] Madox, Hist. Exch. p. 27, 29, 33, 38, 41, 54. The Normans introduced the practice of sealing charters; and the chancellor's office was to keep the great seal. Ingulph. Dugd. p. 33, 34. [m] Madox, Hist. of the Exch. p. 134, 135. Gerv. Dorob. p. 1387. [n] Madox, Hist. of the Exch. p. 56, 70.] Such an accumulation of powers was itself a great source of authority, and rendered the jurisdiction of the court formidable to all the subjects; but the turn which judicial trials took soon after the Conquest served still more to increase its authority, and to augment the royal prerogatives. William, among the other violent changes which he attempted and effected, had introduced the Norman law into England [o], had ordered all the pleadings to be in that tongue, and had interwoven, with the English jurisprudence, all the maxims and principles, which the Normans, more advanced in cultivation, and naturally litigious, were accustomed to observe in the distribution of justice. Law now became a science, which at first fell entirely into the hands of the Normans; and which, even after it was communicated to the English, required so much study and application, that the laity, in those ignorant ages, were incapable of attaining it, and it was a mystery almost sole
PREV.   NEXT  
|<   472   473   474   475   476   477   478   479   480   481   482   483   484   485   486   487   488   489   490   491   492   493   494   495   496  
497   498   499   500   501   502   503   504   505   506   507   508   509   510   511   512   513   514   515   516   517   518   519   520   521   >>   >|  



Top keywords:

exchequer

 

barons

 

Normans

 
chancellor
 
feudal
 

authority

 
English
 

introduced

 

members

 

served


Conquest
 

judicial

 

trials

 

increase

 

violent

 
attempted
 

William

 

prerogatives

 

augment

 
judgment

subjects

 
accumulation
 

jurisdiction

 

formidable

 

effected

 

rendered

 

powers

 
source
 

Norman

 

communicated


required

 

science

 

application

 

attaining

 

mystery

 

incapable

 

ignorant

 

ordered

 

pleadings

 

tongue


interwoven

 

England

 

jurisprudence

 

maxims

 

accustomed

 

observe

 
distribution
 

justice

 

litigious

 

naturally