The History of the Common Law of England [49]
Jurisdiction. And, Thirdly, He subdued and conquered Ireland, and added it to the Crown of England, which Conquest was begun by Richard Earl of Stigule or Strongbow, 14 H. 2. But was perfected by the King himself in the Seventeenth Year of his Reign, and for the greater Solemnity of the Business, was ratified by the Fealties of the Bishops and Nobles of Ireland, and by a Bull of Confirmation from Pope Alexander, who was willing to interest himself in that Business, to ingratiate himself with the King, and to gain a Pretence for that arrogant Usurpation of disposing of Temporal Dominions, Vide Hoveden, Anno 14 H. 2. Richard I eldest Son of King Henry 2 succeeded his Father. I have seen little of Record touching the Juridicial Proceedings, either of him, or his said Father, other than what occurs in the Pipe-Rolls in the Exchequer, which both in the Time of Hen. 2, Rich. I, and King John, and all the succeeding Kings, are fairly preserved; and the best Remembrances that we have of this King's Reign in relation to the Law, are what Roger Hoveden's Annals have delivered down to us, viz. First, He instituted a Body of Naval Laws in his Return from the Holy Land, in the Island of Oleron, which are yet extant with some Additions; De quibus, Vide Mr Selden's Mare Clausum, Lib. 2. cap. 24. and I suppose they are the same which are attributed to him by Mat. Paris, Anno 1196. and he constituted Justices to put them in Execution. Secondly, He observed the same Method of distributing Justice as his Father had begun, by Justices Itinerant per singulos Angliae Comitatus, to whom he deliver two Kinds of Extracts or Articles of Inquiry, viz. Capitula Coronae, much reformed and augmented from what they were before, and Capitula de Judaeis; the whole may be read in Hoveden, fo. 423. sub Anno 5 R. I. and by those Articles it appears, That at that Time there was a settled Court for the Common-Pleas, as well as for the King's Bench, tho' it seems that Pleas of Land were then indifferently held in either, as appears by the first and second Articles thereof, where we have, Placita Per breve Domini Regis, vel Per breve Capitalis Justiciae, vel a Capitali Curia Regis coram eis (Justiciis) missa: The former whereof seems to be the Common-Pleas, which held Pleas by Original Writ, which Writ was under the King's Teste when he was in England; but when he was beyond the Seas, it was under the Teste of the Justiciarius Angliae, as the Custos Regni in the King's Absence. The Power which the Justices Itinerant had to hold Pleas in Writs of Right, or the Grand Assize, was sometimes limited, as here by the Articuli Coronae under Hen. 2. to half a Knight's Fee, or under: For here in these Articles it is, De Magnis Assisis quae sunt de centum Solidis & infra. But in the next Commissions, or Capitula Coronae, it is, De Magnis Assisis usque ad decem Libratas Terre & infra. In his eighth Year, he established a Common Rule for Weights and Measures throughout England, called Assisa de Mensuris, wherein we find the Measure of Woollen Cloths was then the same with that of Magna Charta, 9 H. 3. viz. De diuobus ulnis infra Lisuras. In the Year before his Death, the like Justices Errant went through many Counties of England, to whom Articles, or Capitiuls Placitorium Coronae, not much unlike the former were delivered. Vide Hoveden, sub Anno 1198. fo. 445. And in the same Year, he issued Commissions in the Trent, Hugh de Neville being Chief Justice; and to those were also delivered Articles of Inquiry, commonly called Assisae de Foresta, which may be read at large in Hoveden, sub eodem Anno. These gave great Discontent to the Kingdom, for both the Laws of the Forest, and their Execution were rigorous and grievous. King John succeeded his said Brother, both in the Kingdom of England, and Dutchy of Normandy; the Evidence that we have, touching the Progress of the Laws of his Time, are principally Three, viz. First. His Charters of Liberties. 2dly, The Records of Pleadings