Circumstances which, being derived from a very extensive authority assumed by the conqueror, contributed to increase the royal prerogative; and, as long as the state was not disturbed by arms, reduced every order of the community to some degree of dependence and subordination.
The king himself often sat in his court, which always attended his person:[**] he there heard causes and pronounced judgment;[***] 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.[****] The other chief officers of the crown, the constable, mareschal, seneschal chamberlain, treasurer, and chancellor,[*****] 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.[******] 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.[*******]
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,[********] 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.
[** Madox, Hist. of the Exch. p. 103.]
[*** Bracton, lib. iii. cap. 9, sect. 1; cap. 10,
sect. 1.]
[**** Spel. Gloss, in verbo Justiciarii.]
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.]
[****** Madox, Hist, of the Exch. p. 134, 135.
Gerv. Dorob. p, 1387,]
[******* Madox. Hist. of the Exch. p. 56, 70.]
[******** Dial, de Scac. p. 30, apud Madox, Hist,
of the Exch.]
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 solely confined to the clergy, and chiefly to the monks[*] The great officers of the crown, and the feudal barons, who were military men, found themselves unfit to penetrate into those obscurities; and though they were entitled to a seat in the supreme judicature, the business of the court was wholly managed by the chief justiciary and the law barons, who were men appointed by the king, and entirely at his disposal.[**] This natural course of things was forwarded by the multiplicity of business which flowed into that court, and which daily augmented by the appeals from all the subordinate judicatures of the kingdom.
In the Saxon times, no appeal was received in the king’s court, except upon the denial or delay of justice by the inferior courts; and the same practice was still observed in most of the feudal kingdoms of Europe. But the great power of the Conqueror established at first in England an authority which the monarchs in France were not able to attain till the reign of St. Lewis, who lived near two centuries after: he empowered his court to receive appeals both from the courts of barony and the county courts, and by that means brought the administration of justice ultimately into the hands of the sovereign.[***] And, lest the expense or trouble of a journey to court should discourage suitors, and make them acquiesce in the decision of the inferior judicatures, itinerant judges were afterwards established, who made their circuits throughout the kingdom, and tried all causes that were brought before them.[****]
[* Malms, lib. iv. p. 123.]
[** Dugd. Orig. Jurid. p. 25.]
[*** Madox, Hist. of the Exch, p.65. Glanv. lib.
xii. cap. 1, 7. LL. Hen. I. sect. 31, apud Wilkins, p. 248.
Fitz-Stephens, p. 36. Coke’s Comment, on the Statute of
Mulbridge, cap. 20.]
[**** 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 English. (p. 6.)]
By this expedient the courts of barony were kept in awe: and if they still preserved some influence, it was only from the apprehensions which the vassals might entertain of disobliging their superior, by appealing from his jurisdiction. But tha county courts were much discredited; and as the freeholders were found ignorant of the intricate principles and forms of the new law, the lawyers gradually brought all business before the king’s judges, and abandoned the ancient simple and popular judicature. After this manner the formalities of justice, which, though they appear tedious and cumbersome, are found requisite to the support of liberty in all monarchical governments, proved at first, by a combination of causes, very advantageous to royal authority in England.
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 insure 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, beside 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:[*] but this law was never regularly observed; which happily rendered, in time, the crown somewhat more dependent.