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from England, but at all times to relicre him from the pressure of the vast amount of business which the government of that newly-acquired dominion involved. The justiciar, in short, stood to the King in the whole kingdom in the same relation as the sheriff did in cach shire. The dignity of the justiciar's office remained uninpaired until the death of King John, when Hubert de Burgh, the justiciar, being besicged in Dover Castle, the barojis who proclaimed Henry III. constituted tlie Carl of Pembroke 'Rector regis et regni. De Burgh still retaining his office. In 1241, the Archbishop of York was appointed regent during Henry's absence in Poitou, without the title of justiciar. But the office was still considered of such importance that in 125S, in the Mad l'arliament' at Oxford, the barons demanded that the justiciar should be annually chosen with their approbation. At lengt! Edward I. dispensed with the office altogether; and the chancellor, who now entered into many of the rights and dignities formerly enjoyed by the justiciar, became the principal minister. The title of Chancellor was introduced into England The Chan

cellor. under Eadward the Confessor, as the designation of the official kccper of the royal seal and chief of the king's chaplains. With the chancellor at their head, the king's chaplains, like the clerks of the palace' of the Frankish monarchs, formed a select body of scribes or secretaries, who, under the justiciar, drew up and sealed the royal writs, conducted the king's correspondence, and assisted the trea

i Stubbs, Select Chart. Introductory Sketclı. 16. "The growth of the justiciar's functions was gradual, and even the history of the title is obscure. The office first appears as the lieutenancy of the kingdom or vice-royalty exercised during the king's absence from England. In this capacity William Fitz-Osbern, the steward of Normandy, anri Odo of Bayeux, acted luring the Conqueror's visit to the Continent in 1067. . . It would seem most probable that Filliam Fitz-Osbern, at least, was left in his character of steward, and that the Vorman seneschalship was thus the origin of the English justiciarship. . . Under William Rufus the functions of the confidential minister were largely extended ; the office became a permanent one, and included the direction of the whole judicial and financial arrangements of the kingdom.'--Const. llist. i. 346, 347.

The Curia
Regis.

surer in keeping the royal accounts. Under the Norman kings the office of chancellor, though dignified and important, was thrown into shade by the justiciarship. From the time of Becket, however, the chancellorship appears to have steadily advanced in dignity until, on the abolition of the ofñce of justiciar, it attained, as we have seen, the forcmost rank.

The term Curia Regis, in its widest signification, and carly usc under William the Conqueror and William Rufus, seems to have denoted the National, Common, or Great Council of the Realm-the Wl'itenagemòt in its feudalized form-at the triennial sessions of which the bishops and carls and all tenants-in-chief had the right of attending. In addition to its political function of giving 'counsel and consent' to legislative changes and other acts of national import, the Curia, in its judicial aspect, was invested with the old appellate jurisdiction of the Witcnagemôt, and with a direct jurisdiction, as the feudal court of the King's vassals, in all disputes between the tenants in capite. From the reign of Henry I. at the latest, the judicial functions of the Common Council of the Realm appear to have been exercised by a supreme court of justice, to which the name Curia Regis is specially, though as yet not exclusively, appropriated, and which is attendant upon the King in his movements from place to place. It is presided over by the King, or in his absence by the justiciar, who was assisted in the performance of his duties by a staff of officials composed of those barons who were attached to the royal household, such as the constable, marshal, chamberlain, steward, and treasurer, together with the chancellor and other persons selected by the King as being specially

1

Palgrave, Eng. Com. i. 177. 'The name, derived probably from the cancelli, or skreen behind which the secretarial work of the royal household was carried on, claims a considerable antiquity; and the offices which it denoles are various in proportion. The chancellor of the Karolingian sovereigns, succeeding to the place of the more ancient referendarius, is simply the royal notary : the arclii-cancellarius is the chief of a large body of such officers associated under the name of the Chancery, and is the official keeper of the royal seal. It is from this minister that the English chancellor derives his name and function.'--Stubbs, Const. Hist. i. 351-353.

qualified by their legal knowledge to act as judges.' This court possessed originally all those different powers which were subsequently distributed among the three courts of the King's Bench, the Common Pleas, and the Exchequer. In the Curia Regis were discussed and tried all pleas inmediately concerning the king and the realm ; it superintended the assessment and collection of the royal revenue ; decided all appeals ; and to it suitors were allowed, on payment of a fine, to remove their plaints from the older but inferior courts of the shire, the hundred, the manor. and the borough. The exact relation of the 'Curia Regis' thus constituted as a court of justice, to the Curia Regis' in its wide signification as the National Council, is admittedly obscure ; nor can lle expect to find clearness of def. nition and limitation at a period when the machinery of government was undergoing a process of transition and development. Practically, however, the King's Court excrcised the judicial powers of a permanent committee of the National Council, consisting mainly of the great officers of the King's houschold, and strengthened by the addition of other officials specially qualified for the position of judge.3 The administration of the justiciar was first systematically. Fiscal ad

ministration. organized under Henry I., by Roger, Bishop of Salisbury, the founder of a family of officials. From the reign of The Exchethat king, at the latest, a committee or branch of the Curia quer. Regis was specially devoted to fiscal matters, and when so employed, sat in the chamber and was known by the name of the Exchequer (curia regis ad scaccarium). Twice in each

? On the origin of the great officials of the household and the State, see Stubbs, Const. Hist. i. 343-356.

· Hardy, Introduction to Close Rolls, p. 23.

3 Besides being applied to the National Council, and the Supreme Court of Justice, the term Curia Resis was also employed to denote the King's Continual, Ordinary, or Select Council.

+ The members of the Curia were all termed justices, their head being the Capitalis Justiciarius ; but in the Exchequer they were called Barones, or Barones Scaccarii, a title which they retained after the Court of Exchequer had come to be filled with mere lawyers not chosen from the baronage. Justiciarios ibidem commorantes,' says Fleta, barones esse dicimus co quod suis locis barones sedere solebant.'-Hallam, Midd. Ages, ii. 425. The Exchequer derived its name from the 'chequered cloth which covered the table at wlicia

revenue.

year, at Easter and Michaelmas, every sheriff was bound to appear at the Exchequer in the palace at Westminster and

account for the sums due from his shire. These were Sources of mainly of two kinds : (1.) the ancient national payments

(which required no new authorization), consisting of ((1) the ferm of the shire, that is the rent (formerly paid in kind, now commuted for fixed sums) from public land and royal demesnes--the old Folkland now become turra ngis; (6) Dinegeld,' the ship-money of those times,' a tax of two shillings on clery: hide of land, originally imposed under

Ellicired II., to raise il tribute exacted by the Danes, and by the Norman kings turned into a permanent contribution for the public defunce:'(c) the fines of local courts—the old English ditipicable to the King (2.) The new feudal aids, rclicis, and wher plyments, for which also no authorization of l'arliament les required unless when some extraordinary gift was demanded. In addition to these sources of revenue the demesne lands of the King and the towns were liable to talliage, which was arbitrarily exacted without the consent of Parliament, until the right was surrendered by Edward I No inconsiderable income was also received by the Exchequer from the fines and other proceeds of the 'pleas of the crown,' from the amercements payable in respect of a large class of small offences of commission or omission, and from the fines paid to the King by the parties to suits at law, either by the plaintiff to obtain speedy judgment, or by the defendant in order to

delay or put an end to further proceedings. Important Henry II., the first of the Angevin or Plantagenet changes in taxation

dynasty, introduced important changes in taxation. All under lewis classes of the people and all kinds of property were II.

the accounts were taken, a name which suggested to the spectator the idea of a gume at chess between the receiver and the payer, the treasurer and the shenti.' - Stubbs, c'onst. Hist. i. 377 ; Dialogus de Scaccario, i. 1.

The latest instance of its payment is in the 20th of Henry II., but Richard !. practically revived it under the disguise of a 'carucage,' or land.

Hailam, Midd. Ages, ii. 321 ; Stubbs, Select Chart. Introductory Sketch,

tax

brought under contribution. His scutage was a new land tax imposed upon the tenants in chivalry, clerical as well as lay, and rated, not upon the ancient basis of the hide, but upon the scutum,' or knight's fee. Danegeld, after the King's dispute with Becket, was allowed to drop out of the fiscal system, but only to be almost immediately revived under the name of .donum' or hidage. Under Richard I., it became the 'carucaye,' a tax levied upon all holders' of land of whatever tenure. But Henry's most Textion of important innovation was the taxation of income and per-perty.

personal prosonal property, which, as we have seen,' were made contributory for the first time by his ordinance of the Saladin Tithe in 11SS. The practice, when once introduced, was speedily extended and permanently retained. For the ransom of Richard I. in 1193, clery person in the realm was called upon to pay one-fourth of revenue or goods. King John exacted, in 1203, a seventh of the moveables of his barons, and in 1207 a thirteenth from the whole people. It was only after taxation had been remodelled and sy'stematically extended, under the first Angevin kings, to all the pressure

of new and classes of men and all kinds of property, personal as well

systematic as real, that any serious opposition, first by the clergy and taxation ex

cites opposi. then by the rest of the nation, begins to make itself felt. tion; In the pre-Norman period the right of the National Council to consent to the imposition of taxes was undisputed, although rarely called into exercise. By the theory

On the disputed extent of the Anglo-Saxon “hide,' see Kemble, Saxons, i. 88 seq., who makes it about thirty-three acres; and G. L. Von Maurer, Einleitung, 126-134. It is agreed that the later hide was one hundred or one hundred and twenty acres. The quantity of land constituting a Knight's see was not unisorm. It probably varied with the value. The usual value requisite for a Knight's fee was $20, temp. Edw. I. (larl. Writs, i. 214), and the amount had probably been the same from the introduction of the tenure.

Supra, p. 95.

3 In subsequent times a' fifteenth' of the value of every man's chattels became the usual grant. From the Sth Edward III. a 'fifteenth 'signified a fixed sum according to an assessment of the value made in that year upon all the cities, boroughs, and towns of England. Under Richarci II. the old scu. tage, hidage, and talliage began to be replaced by the subsidy,' a property tax of 45. in the pound for land and 25. S.l. in the pound for goods. Like the fifteenth,' the 'subsidy' also became a fixed aniount; one “subsidy' = £70,000.

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