V.: An Erroneous View.

Hallam, commenting on this chapter, seems to have misapprehended the issues at stake. “This clause stood opposed on the one hand to the encroachments of the King’s court, which might otherwise, by drawing pleas of land to itself, have defeated the suitor’s right to a jury from the vicinage: and, on the other, to those of the feudal aristocracy, who hated any interference of the Crown to chastise their violations of law, or control their own jurisdiction.” Hallam thus interprets the chapter as denoting a triumph of the old local popular courts over both the King’s courts and the courts of the feudal magnates. It denoted no such thing, but marked in reality a triumph (so far as it went) of the King’s courts over the tribunals of the feudal magnates—courts baron, as they were afterwards called. The assizes, it is true, were to be taken in the county court, but they were to be taken there by the King’s justices. The county courts by this time had fallen completely under the King’s domination, and were to all intents and purposes royal courts. The present chapter is thus conclusive evidence of the triumph of the King’s justice, which was the best article in the market, and, in spite of all defects, deserved the popularity it had won.