IV.: An Erroneous View.

Hallam misunderstood the object of this provision. Commenting on Henry’s Charter of 1225, he declares that the “criminal jurisdiction of the Sheriff is entirely taken away by Magna Carta, c. 17.” This is a mistake: both before and after the granting of the Charter, the sheriff exercised criminal jurisdiction, and that of two kinds. Along with the coroners, he conducted preliminary enquiries even into pleas of the Crown; while in his tourn (which was specially authorized to be held twice a year by chapter 42 of the very Charter quoted by Hallam) he was made responsible for every stage in the trial of trivial offences. He heard indictments and then condemned and punished petty offenders in a summary manner. Several statutes of later reigns confirmed, even while regulating, the authority of the sheriff to take indictments at his tourns, until this jurisdiction was transferred, by an act of the fifteenth century, to the justices of peace assembled in Quarter Sessions.

All that Magna Carta did was to insist that no sheriff or local magistrate should encroach on the province reserved for the royal justices, namely the final “trying” of such grave crimes as had now come to be recognized as “pleas of the Crown.” The Charter did not even attempt to define what these were, leaving the boundary between great and small offences to be settled by use and wont. In all this, it was simply declaratory of existing practice, making no attempt to draw the line in a new place.

Professor Hearnshaw propounds a theory that better fits the facts. He holds that this chapter defined and consolidated the sheriff’s authority, giving him a recognized sphere of action of his own: in 1215 “leet jurisdiction came into existence. It was the jurisdiction left by the Great Charter to the sheriff in his tourn,” while chapter 42 of the reissue of 1217, forbidding the tourn to be held oftener than twice a year, marked it off “from the ordinary civil jurisdiction of the three–weekly hundred court.”