Published online by Cambridge University Press: 11 July 2014
In twelfth and thirteenth-century England complaints that justice was being sold were common, culminating with King John's tacit admission in Magna Carta. Coupled with these complaints were charges of corruption against royal judges, or against royal aulici, curiales, or familiares, since until the middle of Richard I's reign no professional judiciary existed. Even in King John's time, familiares regis still served as judges. Yet a core of royal servants specializing in justice, “professionals” in a certain sense, had been created. Historians since Maitland have generally held a high opinion of these judges. According to Maitland, under Henry II and Richard I, “English law was administered by the ablest, the best educated men in the realm.…” F.M. Powicke wrote that the judiciary of Henry III was “probably the most stable and helpful, as it was the most intelligent, element in the State at this time.” How are we to reconcile historians' high opinion of the royal justices with their contemporaries' low opinion? Were the chroniclers simply drawing stock figures in their depictions of corrupt judges, or was their picture drawn from life?
Royal officials, including judges, proved popular targets for the pens of twelfth century moralists and satirists, some of whom wrote out of personal bitterness, having failed in the contest for royal patronage and high office.2 Capable of condemning curiales in classical Latin style was John of Salisbury. He knew many of Henry II's courtiers, and he came to despise them, especially those in clerical orders.
1 Pollock, Frederick and Maitland, F.W., The History of English Law, 2 vols. (2nd ed.; Cambridge, 1898), 1:132Google Scholar; cf. pp. 160-61, 169-70; Powicke, F.M., King Henry III and the Lord Edward (Oxford, 1947), p. 143Google Scholar. Cf. Flower, C.T., Introduction to the Curia Regis Rolls, Selden Society, 62 (London, 1944), p. 498Google Scholar; Stenton, Doris M., English Justice between the Norman Conquest and the Great Charter 1066-1215, Memoirs of the American Philosophical Society, 60 (Philadelphia, 1964), pp. 82–86.Google Scholar
2 Examples that immediately come to mind are Peter of Blois and Gerald of Wales. See Türk, Egbert, Nugae Curialium: Le règne d'Henri II Plantagenet (1145 [sic]-1189) et l'éthique politique, Centre de Recherches d’histoire et de philologie, Hautes Études médiévales et modernes, 28 (Geneva, 1977), p. 188.Google Scholar
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5 Policraticus, v, 15, p. 145Google Scholar. The Latin allows a play on the word errantes.
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8 Ibid., p. 117.
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15 Pat. Lat., 207, no. 95, cols. 298-302. It can be dated by the fact that Peter identified himself as “archdeacon of Bath.”
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23 Gerald of Wales labelled William of Ste.-Mère-Èglise, one of Henry II's aides and Richard I's judges, curia sequela est et domini regis familiaris (Opera, 1:260Google ScholarPubMed).
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37 Ibid., 15:248, no. 1089, John de Braitoft.
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59 Ibid., p. 28.
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