[339] "Et si quid defuerit ad C libratas perficiendas, perficiam ei in loco competenti in Essexiâ aut in Hertfordescirâ aut in Cantebriggscirâ ... et totum superplus istorum xx. militum ei perficiam in prenominatis tribus comitatibus."
[340] Dr. Stubbs writes: "From the reign of Henry I. we have distinct traces of a judicial system, a supreme court of justice, called the Curia Regis, presided over by the king or justiciary, and containing other judges also called justiciars, the chief being occasionally distinguished by the title of 'summus,' 'magnus,' or 'capitalis'" (Const. Hist., i. 377). But, in another place, he points out, of the Great Justiciar, Roger of Salisbury, that "several other ministers receive the same name [justitiarius] even during the time at which he was actually in office; even the title of capitalis justitiarius is given to officers of the Curia Regis who were acting in subordination to him" (i. 350). Of this he gives instances in point (i. 389). On the whole it is safest, perhaps, to hold, as Dr. Stubbs suggested, that the style "capitalis" was not reserved to the Great Justiciar alone till the reign of Henry II. (i. 350).
[341] Const. Hist., i. 389, note.
[342] See Appendix I.
[343] I cannot quite understand Gneist's view that "A better spirit is infused into this portion of the legal administration by the severance of the farm-interest (firma) from the judicial functions, which was effected by the appointment of royal justitiarii in the place of the vicecomes. The reservation of the royal right of interference now develops into a periodical delegation of matters to criminal judges" (i. 180). It is probable that this eminent jurist has a right conception of the change, and that, if it is obscured, it is only by his mode of expression. But, when arguing from the laws of Cnut and of Henry, as to pleas "in firma," he might, if one may venture to say so, have added the higher evidence of Domesday. There are several passages in the Great Survey bearing upon this subject, of which the most noteworthy is, I think, this, which is found in the passage on Shrewsbury:—"Siquis pacem regis manu propria datam scienter infringebat utlagus fiebat. Qui vero pacem regis a vicecomite datam infringebat, C solidos emendabat, et tantundem dabat qui Forestel vel Heinfare faciebat. Has iii forisfacturas habebat in dominio rex E. in omni Angliâ extra firmas" (i. 152).
[344] See Appendix I: "Vicecomites" and "Custodes."
[345] Select Charters, 141.
[346] Foss's Judges, i. 145.
[347] Const. Hist., i. 470.
[348] "Nulli sint in civitate vel burgo vel castello, vel extra, nec in honore etiam de Walingeford, qui vetent vicecomites [sic] intrare in terram suam vel socam suam." Strictly speaking, this refers to sheriffs, but à fortiori it would apply to the king's "justicia."