Medieval Europe by H. W. C. (Henry William Carless) Davis
page 111 of 163 (68%)
page 111 of 163 (68%)
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who were nominees of the Crown, dismissable at pleasure. The shires
again were divided into hundreds governed under the sheriff by subordinate officials. But for the most important duties of executive routine the sheriff alone was responsible; he collected the revenue, he led the militia, he organised the Watch and Ward and Hue and Cry which were the medieval equivalents for a constabulary; finally, he presided over the shire moot in which the freeholders gathered at stated intervals to declare justice and receive it. The shires were periodically visited by Justices in Eyre (analogous to the Frankish _missi_) who heard complaints against the sheriff, inspected his administration, tried criminals, and heard those civil suits (particularly cases of freehold) which were deemed sufficiently important to be reserved for their decision. These itinerant commissioners were selected from the staff of the royal law court (_Curia Regis_), a tribunal which, in the thirteenth century, was subdivided into the three Courts of Common Law and acquired a fixed domicile at Westminster. The shire courts and the royal court were alike bound by the statute-law, so far as it extended; but, in the larger half of their work, they had no guides save the local custom, as expounded by the good men of the shire court, and the decisions recorded on the rolls of the royal court. From the latter source was derived the English Common Law, a system of precedents which, in spite of curious subtleties and technicalities, remains the most striking monument of medieval jurisprudence. In and after the fourteenth century it was supplemented by Equity, the law of the Chancellor's court, to which those suitors might repair whose grievances could not be remedied at Common Law, but were held worthy of special redress by the king in his character of a patron and protector of the defenceless. Lastly, on the fiscal side, the work of the sheriffs and of the judges was supervised by the Exchequer, a chamber of audit and receipt, to which the sheriffs rendered a |
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