Download e-book for iPad: Justiceship England 1066-1232 by F. West

By F. West

On the top of his strength and impression the justiciar used to be the king's leader political and judicial officer, superintending the executive equipment and performing as regent within the king's absence in a foreign country. He was once additionally a feudal lord or bishop; and the learn of the careers of the manager justiciars, as infantrymen and politicians, judges and financiers, throws mild at the workings of feudal society and at the technical administrative skill in which royal energy was once successfully exercised. Dr West lines the background of the place of work from the 1st desire for the delegation of royal strength below William 1 until eventually the Anglo-Norman dominion broke up and govt turned too complex. As an administrative put up it attained its maximum significance within the formative sessions of administrative improvement below Henry 1 and later below Henry eleven. in contrast to the workplaces of sheriff and chancellor the justiciarship hasn't ever been systematically tested. Dr West's e-book is a pioneer account of crucial place of work less than the king and an exam of a significant subject of English constitutional and administrative background.

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More significant, however, is the substitution for the name of a witness of the phrase per breve regis; none of his writs bears an attestation, and four of them, including the charter, replace it by this phrase. The usage suggests that Bishop Roger's position was novel, that it was useful to cite the king's authority rather than a witness to the non-royal regent's orders. And one curious error seems to show that the system of writs de ultra mare ordering the regent to take some action was still developing.

Richardson and Sayles, op. cit. p. 177, suggest that this is not the full tale of his work. They think he retired in 1127. 4 Richardson and Sayles, op. cit. pp. 175-6. 5 Madox, History of the Exchequer, p. 435. 6 Huntingdon, p. 318; Chron. Mon. Abing. n, 170. 7 Richardson and Sayles, op. cit. p. 165, n. 1, find this description hard to understand in view of Roger's chiefjusticiarship: it is only hard if one attaches too precise a significance to the words and ignores their analogy with capitalis 3 curia.

Madox printed this from the original in the archives of St Peter of Westminster, and there was then attached to it a seal, 'upon a canton cut from the bottom of this w r i t . . of yellow wax, circular near three inches large (now a little diminished). ' 2 44 THE JUSTICIARSHIP IN ENGLAND it assumes that the justiciar would remedy the failures of feudal justice and local royal officers. The assumption was clearly made that the king's deputy, if he could not originate suits, could ensure that justice was done, and the regular use of the justiciar's position to remedy failures ofjustice seems well established.

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