Hist. of the Exch. p. 65. Glanv. lib. 12. cap. 1. 7.
LL. Hen. I. Sec. 31, apud Wilkins, p. 248. Fitz-Stephens, p. 36.
Coke's Comment. on the statute of Marlbridge, cap. 20. [s] Madox,
Hist. of the Exch. p. 83, 84, 100. Gerv. Dorob. p. 1410. What made
the Anglo-Norman barons more readily submit to appeals from their
court to the king's court of exchequer, was their being accustomed to
like appeals in Normandy to the ducal court of exchequer. See
Gilbert's History of the Exchequer, p. 1, 2; though the author thinks
it doubtful, whether the Norman court was not rather copied from the
English, p. 6.]
[MN Revenue of the crown.]
The power of the Norman kings was also much supported by a great
revenue; and by a revenue that was fixed, perpetual, and independent
of the subject. The people, without betaking themselves to arms, had
no check upon the king, and no regular security for the due
administration of justice. In those days of violence, many instances
of oppression passed unheeded; and soon after were openly pleaded as
precedents, which it was unlawful to dispute or control. Princes and
ministers were too ignorant to be themselves sensible of the
advantages attending an equitable administration; and there was no
established council or assembly which could protect the people, and,
by withdrawing supplies, regularly and peaceably admonish the king of
his duty, and ensure the execution of the laws.
The first branch of the king's stated revenue was the royal demesnes
or crown lands, which were very extensive, and comprehended, besides a
great number of manors, most of the chief cities of the kingdom. It
was established by law, that the king could alienate no part of his
demesne, and that he himself, or his successor, could at any time
resume such donations [t]: but this law was never regularly observed;
which happily rendered in time the crown somewhat more dependent. The
rent of the crown lands, considered merely as so much riches, was a
source of power: the influence of the king over his tenants and the
inhabitants of his towns increased this power: but the other numerous
branches of his revenue, besides supplying his treasury, gave, by
their very nature, a great latitude to arbitrary authority, and were a
support of the prerogative; as will appear from an enumeration of
them.
[FN [t] Fleta, lib. 1. cap. 8. Sec. 17. lib. 3. cap. 6. Sec. 3.
Bracton, lib. 2. cap. 5.]
The king was never content with the stat
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