Sheriff the nominee and steward of the king; the constitution of the shire-moot; Witan a supreme court of justice in both civil and criminal cases. 6. Germs of Jury and Representative Systems imbedded in the local Courts: local courts survive the Conquest; embryonic forms of the representa- Shire and hundred courts both representative assemblies; the "judices Probable origin of the jury of presentment; origin of the trial jury; archaic legal Teutonic conception of proof; three independent means of proof, - oath, ordeal, Community witnesses; inquest of proof introduced by the Normans Private law courts certainly existed before the Conquest; product of "the process Next, jurisdiction (sacu) itself; controversy as to the time of the origin of private 8. From Eadgar to William (958–1066): National unity and the feudal tendency The cry for Eadgar's law; Harold and Harthacnut; last division of the realm be- Harold elected king; national consolidation completed through the Norman con- 2. The Danish Settlement at Rouen: planted by Rolf in 911 Origin of the Norman Duchy; first collision between Normandy and England; birth 3. Origin and Character of Feudalism in Gaul: the Roman and Christian sub- Frank political organization; the vill; the hundred; the province; the king; the national assembly. Feudalism par excellence of Frank origin Feudalism as a system of land tenure: lord and man; commendation; the bene- Feudalism the product of the union of the beneficiary system with that of com- mendation; benefices become hereditary; Capitulary of Kiersi. Feudalism as a system of government: provincial magistracies become hereditary; growth of . Sovereignty of provincial lords; the central authority reduced to a mere shadow 225 4. Internal Organization of the Norman Duchy: dukes probably ruled with the - Growth of Norman influence in England; William's first visit to England; Ead- National reaction against Norman influence; the election of Harold, which Wil- Harold retains the West Saxon earldom,- Eadwine and Morkere, the earldoms of Mercia and Northumberland; Norwegian invasion; the fight at Stamfordbridge; William lands at Pevensey; treachery of Eadwine and Morkere disables Harold 230 Election of Eadgar after Harold's fall; crown offered to William; his election and coronation; the duke of the Normans becomes king of the English Marriage of Æthelred and Emma; after Æthelred's death Emma married Cnut; The national revenue; the feudal revenue; William's anti-feudal policy; he 3. The Work of Confiscation and Regrant: theory under which English lands 4. Elements of Feudalism imbedded in the Old-English System: manorial system originates in Old-English and not in Norman law An embryonic feudalism prior to the Conquest; Norman feudal ideas more fully developed; their influence upon the growth of the idea of tenure; the king be- Feudalism hardens into a methodical system under William Rufus 5. Effects of the Conquest on Central Organization: the king and the witan; continuity of the national assembly unbroken by the Conquest Testimony of a chronicler who had lived at William's court; the witan as the great Elective kingship finally yields to the doctrine of hereditary right; taxative and ju- dicial powers of the great council; its power to regulate ecclesiastical business; The national assembly becomes a feudal court subject to the king's pleasure. Growth of the inner council, curia regis; a standing committee of the greater Early history of the council obscure; ennobling effects of menial services rendered to royalty; ducal household of Normandy prototype of royal household of Eng- New ministerial officers, — the justiciar; the chancellor The treasurer. The curia regis the source of the entire judicial and administra- tive machinery of the constitution; the curia as a legal tribunal . The financial session of the curia, - the exchequer; the leading subjects of revenue; Origin of the itinerant judicature; justices from the Norman curia sit in the Old- Fusion of Norman and Old-English judicature. The breaking up of the curia re- gis; beginnings of the king's bench as a distinct tribunal Common pleas fixed at Westminster; the final division into three distinct courts. Maine's view: "Legal Fictions, Equity, and Legislation." The privy council Its judicial functions, as developed in the star chamber; its administrative, as devel- The township as the manor; the word " manor of Norman introduction, but the manorial system of Old-English origin; number of manors at the date of the Manorial courts; liberties or honors. Courts of the shire and hundred kept up by Employed for fiscal purposes by William Rufus and Henry I.; composition and Survival of the hundred court. Centralization of justice and the growth of immu- nities undermine the ancient local courts; how the king came to be regarded as Instances of royal interference with local justice prior to the Conquest; after the Conquest such interference by special writs ripened into an established custom Ancient presidents of the shire disappear; their places filled by royal officers; the itinerant system firmly established in the reign of Henry II. 7. Effects of the Conquest on Ecclesiastical Organization: Systematic study of the canon law begins in the reign of Stephen. Distinct ecclesi- During the primacy of Lanfranc such councils met frequently; William limits eccle- Diocesan organization; the system completed under Eadward the Elder; national Causes which brought it about; chronicler's entry under the year 1085 9. Gemot of Salisbury: weakness of the royal authority before the Conquest; Wil- 10. William Rufus, -the Growth of Feudal Tenures: revolt of the Norman The body of the people oppressed through the local courts Henry's charter the parent of the Great Charter; Henry's marriage with Margaret 273 Creation of a new ministerial nobility; Bishop Roger of Salisbury; he organizes 12. Stephen, - the Anarchy: the oath to Matilda; the Angevin marriage HENRY OF ANJOU -THE PERIOD OF FUSION. 1 The growing together of Old-English Local Machinery and Norman System of Central Administration The modern constitution the outcome of the fusion; superstructure Norman, sub- Norman central system the outgrowth of the new kingship; central and local sys- Commixture of royal and customary law; origin of the trial jury; union of races The second quarrel touching clerical immunities; council at Clarendon 4 Reorganization of the Central System: the national council a perfect federal Influence of the practice of summons; the practice as defined in the 14th article of the Great Charter; form of the summons draws the line between lords and com- 6. Taxation under the Old-English, Norman, and Angevin Systems: the Old-English unit of assessment the hide; extent of the normal hide; talliage. While the hide remained the unit of assessment, Domesday the rate-book of the Taxation and representation. Indirect taxation, -the customs; tax on imports; In 1176 the staff consisted of eighteen justices; in 1178 reduced to five; the king's bench as a distinct tribunal; Dialogus de Scaccario; Tractatus de Legibus Anglia 302 8. Reorganization of the Provincial System, - the Local Courts: shire and hundred courts not only popular but representative assemblies; delegation of Attendance enforced by fines; Schöffen, Scabani, or Echevins; ordinance separat- |