Medieval Europe by H. W. C. (Henry William Carless) Davis
page 38 of 163 (23%)
page 38 of 163 (23%)
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the Constable (_comes stabuli_) who marshals the host; the Seneschal, or
High Steward, who controls the demesnes; the Protonotary, by whose staff the royal letters and all documents of state are written out; the Arch-chaplain, to whom ecclesiastical suitors bring their petitions and complaints. Finally there are the Counts of the Palace, appointed from the chief races of the realm, who exercise the king's appellate jurisdiction in secular cases. But the king is bound by custom to govern with the counsel and consent of his great men--a Germanic tradition which no after growth of respect for Roman absolutism can destroy. A select body of influential nobles deliberates with the king on all questions of national importance. Their decisions are submitted for approval to a more general assembly (Mayfield), held annually in the spring or summer. By this assembly the military expedition of the year is discussed and sanctioned; here also are promulgated royal edicts (_capitula_). The ordinary freeman, upon whom falls the ultimate burden of military service, has no voice in the debates of the Mayfield; but ordinances affecting the old customary laws of the several races which make up the kingdom (Salians, Ripuarians, Saxons, etc.) do not take effect till they have been accepted by popular assemblies in the provinces which they concern. And such revisions are infrequent. The royal prerogative in legislation is limited by a popular prejudice, which regards the customary law as sacred and immutable. The Capitularies are chiefly administrative ordinances; the "law of the land," which is the same everywhere and for all persons, is an ideal to be realised in England alone of medieval states. Elsewhere the king's law is a supplement, a postscript; the privilege of the free man is to live under the law of his province, his lord's fief or his free city. |
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