Page:Harvard Law Review Volume 12.djvu/257

KING'S JUSTICE IN EARLY MIDDLE AGES. 237 called suing and laboring. We must remember, however, that this was an exceptional case, as it turned on a question of mar- riage, a matter of ecclesiastical jurisdiction, and thus involved references backwards and forwards between temporal and spiritual authorities, including two expeditions to Rome ; not to mention that it was contested with large means and probably no excess of scruple on either side. Also measures of time and speed are rela- tive, and people had not learnt to be in a hurry in the twelfth century. Cost is much more the burden of Anesti's tale than delay.^ But though he kept indefinite powers of amendment in his own hands, and never treated himself as actually bound by his own rules, Henry II. did lay down the lines on which future development was to proceed, and left them so settled that, while much was added in the thirteenth century, we can hardly say that anything material was taken away. The King's general right of sending out com- missioners authorized to inquire and report, or to act in the King's name, or both, was used in the systematic appointment of travelling or " itinerant " judges, justices " in eire " as official Anglo- French called them. The ordinance known as the Assize of Northampton defined their functions in 11 76; they were to see to the enforcement of criminal law and the Crown's dues of all sorts, to require a general oath of fealty (no mere formal matter after a dangerous rebellion), and to administer the remedy newly devised by the King's wisdom, of which we shall have to speak further on, for quieting men in their possessions. Eighteen judges were assigned, three to each of six circuits ; but the King's seal for justice went too fast for his people, and the number was com- plained of as oppressive ; nor is this surprising when we remem- ber that the justices travelled with a considerable retinue, and at the expense of the places they visited. In 1 1 78 a permanent body of five, two clerks and three laymen, chosen from the King's im- mediate following, was appointed to remain at the King's court and hear suits, reserving only cases of special difficulty for the King himself in Council.'^ This probably was meant to lighten, and did lighten, the work of the justices in eire ; that work was far too necessary to be dispensed with, and, under changes of 1 He had to bonow money to carry on his suit at rates varying from about 80 to about 60 per cent per annum (4^/. or ^d. per week for £1), sometimes only about 40 per cent {2d. per week for ;^i). 2 Sel. Ch. 130, 131.