Book contents
- Frontmatter
- Dedication
- Contents
- List of Illustrations
- Abbreviations
- Introduction
- PART I LAYING DOWN THE LAW: 600–1500
- 1 The Promulgation of the Law in Anglo-Saxon England
- 2 The Enforcement of the Law in Anglo-Saxon England
- 3 A Norman Yoke?
- 4 Henry II and the Creation of the Common Law
- 5 Becket and Criminous Clergy
- 6 The Achievement of Henry II
- 7 Magna Carta
- 8 From Ordeal to Jury
- 9 Legal Eagles
- PART II CONFLICT OF LAWS: 1500–1766
- PART III THE TRANSFORMATION OF THE LAW
- PART IV THE RULE OF LAW: 1907–2014
- Bibliography
- Index
9 - Legal Eagles
from PART I - LAYING DOWN THE LAW: 600–1500
Published online by Cambridge University Press: 05 May 2015
- Frontmatter
- Dedication
- Contents
- List of Illustrations
- Abbreviations
- Introduction
- PART I LAYING DOWN THE LAW: 600–1500
- 1 The Promulgation of the Law in Anglo-Saxon England
- 2 The Enforcement of the Law in Anglo-Saxon England
- 3 A Norman Yoke?
- 4 Henry II and the Creation of the Common Law
- 5 Becket and Criminous Clergy
- 6 The Achievement of Henry II
- 7 Magna Carta
- 8 From Ordeal to Jury
- 9 Legal Eagles
- PART II CONFLICT OF LAWS: 1500–1766
- PART III THE TRANSFORMATION OF THE LAW
- PART IV THE RULE OF LAW: 1907–2014
- Bibliography
- Index
Summary
You have a gift, sir (thank your education),
Will never let you want, while there are men,
And malice, to breed causes.
Ben Jonson, VolponeI could have been a judge, but I never had the Latin for the judgin’. I never had it, so I'd had it, as far as being a judge was concerned.
Peter Cook, ‘Sitting on the Bench’Having been hatched, the law grew fast and fit, and soon took flight. Originally the king's council had carried out executive as well as legislative and judicial functions. Over time, royal courts split off from the council and were established as separate entities at Westminster Hall. Built by William Rufus, and later enlarged and re-roofed by Richard II, its enormous dimensions – three hundred feet long with a high, beamed roof – could accommodate a plethora of royal courts. By the mid 1160s ordinary litigation was being transacted before the king's justices at Westminster. But there could be lengthy absences. It was not until 1339, after a six-year interlude in York, that the location of the royal courts in Westminster Hall became permanent.
The first department of state established there was the Exchequer, which took its name from the chequered table at which it sat. Moving from Winchester to Westminster at the end of the twelfth century, it took up residence in a separate chamber adjoining the Hall. In its judicial role the Exchequer originally dealt with disputes over Crown revenues, but gradually extended its jurisdiction to disputes between individuals on many subjects. Its meticulous work required written records. From 1130 it got them in the form of pipe rolls. The other royal courts would follow suit, producing the plea rolls.
Near the entrance of the Hall was the Bench or Common Bench, later called the Court of the Common Pleas. It was the main royal court for ordinary civil litigation and by far the busiest. It developed out of the Court of Exchequer, separating from it in the 1190s.
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- Information
- Law, Liberty and the ConstitutionA Brief History of the Common Law, pp. 82 - 94Publisher: Boydell & BrewerPrint publication year: 2015