II.: William I. to Henry II.—Problem of Local Government.

It is necessary to retrace our steps in order to consider the subsidiary problem of local government. The failure of the Princes of the House of Wessex to devise adequate machinery for keeping the Danish and Anglian provinces in subjection to their will was one main source of the weakness of their monarchy. When Duke William solved this problem, he took an enormous stride towards establishing his throne on a securer basis.

Every age has to face, in its own way, a group of difficulties essentially the same, although assuming different names as Home Rule, Local Government, or Federation. Problems as to the proper nature of the local authority, the extent of its powers, and its relation to the central government, require constantly to be re–stated and solved anew. The difficulties involved, always great, were unspeakably greater in an age when no proper administrative machinery existed, and when rapid communication and serviceable roads were unknown. Lively sympathy is excited by consideration of the difficulties that beset the path of King Edgar or King Ethelred, endeavouring to rule from Winchester the distant and alien races of North–umbria, Mercia, and East Anglia. If a weakling governed a distant province, anarchy would result and the King’s authority might suffer with that of his inefficient representative; while a powerful viceroy might consolidate his own authority and then defy his King. The two horns of this dilemma are amply illustrated by the course of early English history. The West–Saxon Princes vacillated between two lines of policy: spasmodic attempts at centralization alternated with periods of local autonomy. The scheme of Edgar and Dunstan has sometimes been described as a federal or home–rule policy—as a frank surrender of the attempt to control exclusively from one centre the mixed populations of Northern and Midland England. Their solution was to relax rather than tighten the bond; to entrust with wide powers the local viceroy in each district, and to aim at a loose federal empire—a union of hearts, rather than a centralized despotism founded on coercion. The dangers of such a system are obvious, where each ealdorman commanded the troops of his province.

Canute’s consolidating policy has been the subject of much discussion, and has sometimes been misunderstood. The better opinion is that, with his Danish troops behind him, he felt strong enough to reverse Dunstan’s tactics by decisive action in the direction of centralization. His provincial viceroys (jarls or earls, as they were now called) were appointed on a new basis: England was mapped out into new administrative districts under viceroys having no hereditary connection with the provinces they governed. In this way Canute sought to arrest the process by which England was breaking up into a number of petty kingdoms. If these viceroys were a source of strength to the powerful Canute, they proved a source of weakness to the saintly Confessor, who was forced to submit to the control of his provincial rulers, such as Godwin and Leofric, as each in turn gained the upper–hand in the field or among the Witan. The process of disintegration continued until the coming of the Conqueror changed the relations between the monarchy and the other factors in the national life.

Among the expedients adopted by the Norman Duke for curbing his feudatories in England, one of the most important was the reorganization of the system of provincial rulers. The real representative of the King in each group of counties was now the sheriff, not the earl. His Latin name of vicecomes is misleading, since that officer in no sense represented the earl or comes, but acted as the direct agent of the Crown. The name “viceroy” more accurately describes his actual position and functions.

The problem of local government, however, was not eradicated: it only took a different form. The sheriffs themselves, relieved from the earl’s rivalry, tended to become too powerful. If they never dreamed of openly defying the royal authority, they thwarted its exercise, appropriated to their private uses items of revenue, pushed their own interests, and punished their own enemies, while acting in the King’s name. The office threatened to become territorial and hereditary, and its holders aimed at independence. Safeguards were found against the sheriffs’ growing powers, partly in the organization of the Exchequer and partly in the itinerant justices, who took precedence of the sheriff and heard complaints against his misdeeds in his own county. By such measures, Henry I. seemed almost to have solved these problems before his death; but his success was apparent rather than real.

The incompleteness of Henry’s solution became evident under Stephen, when the leading noble of each locality tried, generally with success, to capture both offices for himself: great earls like Ralph of Chester and Geoffrey of Essex compelled the King not only to confirm them as sheriffs in their own titular counties, but also to confer on them exclusive right to act as justices.

With the accession of Henry II. some advance was made towards a permanent solution. That great ruler was strong enough to prevent the growth of the hereditary principle as applied to offices either of the Household or of local magistrates. The sheriffs were frequently changed, not only by the drastic and unique measure known as the Inquest of Sheriffs, but systematically, and as a matter of routine. Their power tended in the thirteenth century to decrease, chiefly because they found important rivals not only in the itinerant judges, but also in two new officers first heard of in the reign of Richard I., the forerunners of the modern Coroner and Justice of the Peace respectively. All fear that the sheriffs as administrative heads of districts might defy the Crown was thus ended. Yet each of them remained a petty tyrant over the inhabitants of his own bailiwick. While the Crown was able and willing to avenge neglect of its own interests, it was not always sufficiently alert to punish wrongs inflicted upon its humble subjects. The problem of local government, then, was fast taking a new form, namely, how best to protect the weak from unjust fines and oppressions inflicted on them by local magistrates. The sheriff’s local power was no longer a source of danger to the monarch, but had become an effective part of the machinery which enabled the Crown to levy with impunity its always increasing taxation.