Medieval Europe by H. W. C. (Henry William Carless) Davis
page 113 of 163 (69%)
page 113 of 163 (69%)
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particularly in making use for certain purposes of local representatives
as an additional check upon the servants of the Crown. The English shire was in fact as well as in law a community with a true corporate character (_communitas_), and possessed a public assembly which was a law court and a local parliament in one. Though the ordinary suitor counted for little, the secondary landowners, united by ties of local sentiment and personal relationship, took a lively interest and an active share in the business of the shire court, upholding the local custom against sheriffs and judges, serving as jurors, as assessors of taxes, as guardians of the peace, and (from the fourteenth century) as petty magistrates. Whether elected by their fellows or the nominees of the Crown, these functionaries were unpaid, and regarded themselves as the defenders of local liberty against official usurpations. In France the district of the _bailli_, and still more that of his subordinate the _prevot_, was an arbitrary creation, without natural unity or corporate sentiment; there was therefore no organised resistance to executive authority, and no reason why the Crown should court the goodwill of the landed gentry. In the lower grades of the Plantagenet system a powerful middle class served a political apprenticeship; under the Capets all power and responsibility were jealously reserved to the professional administrator. In England the next step in constitutional development, the addition to the national assembly of a Third Estate, was brilliantly successful, since the House of Commons was chiefly recruited from families which had long been active partners in local administration. In France the Third Estate, though constantly summoned in the fourteenth century, proved itself politically impotent. Both in France and in England (after 1066) the national assembly began as a feudal council, composed of the prelates and barons who held their lands and dignities directly from the Crown. But that of France was, |
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