Page:Select Essays in Anglo-American Legal History, Volume 1.djvu/65

 ^. JENKS: TEUTONIC LAW 51 English, which they more than once promised to observe.^ But these were too formless and too antiquated to suffice for the needs of an expanding generation. The whole work of legal administration had to be put on a different footing. This result is achieved in the twelfth century by the two Henries. Henry Beauclerk begins the practice of sending his ministers round the country to hear cases in the local courts. This is a momentous fact in the history of English law; but it will be observed that it is not legislation at all, merely an administrative act. Neither is it quite original; for the tradition of the Karolingian missi, or perambulating officials, may have floated down to the twelfth century, and the French kings are holding Echiquiers in Normandy, and Grands Jours in Champagne. But these are irregular and' unsystematic ; in the fourteenth century we find Philip the Fair promising to hold two Exchequers and two Great Days a year, which implies that Exchequers and Great Days have been rare of late.^ By that time the English circuit system has been long a fixed institution, working with regularity and despatch. It has stood the shock of Stephen's reign ; under the great king who is both Norman and Angevin, it has struck its roots deep into the soil. Before the end of the twelfth century, the king's court has become the most powerful institution in the kingdom, a highly organized body of trained officials, who make regular visitations of the coun- ties, but who have a headquarters by the side of the king himself. This court is at first financial, administrative, judi- cial. In course of time the judicial element consolidates itself; it becomes professional. It devises regular forms of proceeding; the first extant Register of Writs dates from 1227, but, doubtless, earlier registers have existed for some time in the archives of the Court. Above all, it keeps a strict and unassailable record of all the cases which come before it. Any doubt as to precedent can be set at rest by a reference to the Plea Rolls, which certainly begin before the close of the twelfth century. Later on, it publishes its proceedings 119 (Stephen).
 * Stubbs, Select Charters, ed. 5, pp. 84 (William I.), 96 (Henry I.),
 * Laurifere, Ordonnances des rots de France, ann. 1312, vol. xii. p. 354.