A Crusader with System in the Middle Ages

This not only goes against the traditions and ancient customs our ancestors brought from Scandinavia, but also violates God’s warning to mankind. For the Book of Galatians tells us, ”It is for freedom that Christ has set us free. Stand firm, then, and do not let yourselves be burdened again by a yoke of slavery.”

Therefore, we are rightfully gathered here today on this holy festival, the anniversary of Christ’s birth, to acclaim our King Robert. He is a king who has promised us freedom, a king who, in accordance with the sacred principles of the Bible, is the firstborn successor and is rightfully to be anointed.

I, Eric Outville, Count of Gloucester, entrusted by His Majesty, will do everything in my power to fulfill the promises he has made and to advise him in this endeavor.

First, regarding the long-standing encroachment upon the inherent judicial rights of noble manors by the old king’s Sheriffs. The old king claimed guardianship over all his subjects, thereby arbitrarily interfering in manorial justice.

Therefore, I propose that the judicial powers of the Sheriff be clearly defined. Sheriffs shall not interfere with the justice of noble manors, and these manors should enjoy their traditional judicial independence.

The jurisdiction of manorial courts primarily includes handling land disputes between serfs and free tenants, lease agreements, labor obligations, and matters of inheritance.”

The moment Eric finished speaking, thunderous cheers erupted from the seats of the Nobility.

”Aye!”

”Aye!”

”Aye!”

The Barons cried out eagerly.

The Court Clerk stood up, trying to maintain order.

Then, Eric turned toward the seats of the Clergy.

”Furthermore, to honor our commitment to the Seat of St. Peter, to rectify past errors as guided by the Roman Curia, and to restore the English Church—weakened since the Conquest—to its rightful place, I propose a new measure. A fee of seven pence will be charged for a one-time judicial writ. The income generated from this will be used to compensate the English Church for the losses it has suffered at the hands of the Norman Nobility over the years.

Serfs may seek help from the Church courts for matters involving ecclesiastical affairs or moral issues, such as marital disputes, will contests, or questions of faith.”

This sudden proposal caught the Bishops completely by surprise. Even Anselm was taken aback and could not help but look at Eric.

During the Conqueror’s reign, the Church had been consistently neglected and its judicial powers severely weakened.

”I told you Gloucester was the Pope’s man.”

”I knew it, since he was once a Cultivator.”

”He’s on our side.”

”This is also the King’s will.”

”Aye!”

”Aye!”

”...”

The Bishops were overjoyed, but some of the Barons were displeased with the proposal. It siphoned away their power—power they had only just managed to reclaim from the King.

However, after being reminded of the Church’s strong desire to reclaim lands stripped from it by the Norman Nobility, the Barons did not press their complaints. This was especially true in light of the Pope’s recent excommunication of the German Emperor.

They hoped this compromise would serve to appease the Church, and besides, the jurisdiction of the Church courts was limited.

Next, Eric walked over to the seats of the commoner representatives.

”As for freemen, they are not required to attend the manorial courts. If they cannot find justice in the city courts, they may also seek help from the Church courts by paying a fee of seven pence.

They may also pay eight pence to seek help from the county court presided over by the Sheriff, or pay nine pence to seek help from the King’s circuit courts.

The circuit courts and county courts will adopt a new trial system to ensure fairness: the jury system. Whenever a Circuit Judge arrives in a locality, he must convene a jury of twelve local freemen who are familiar with local customary law. This jury will be responsible for hearing evidence and witness testimony and for ruling on the facts of the case.

The Circuit Judge, in turn, will be responsible for presiding over the trial, delivering a judgment, and determining the specific punishment, all in accordance with local customary law and the kingdom’s charter, which is to be established later.”

This proposal was primarily aimed at city dwellers, but they showed little interest. They believed their own self-administered city courts were just. Having only recently gained this judicial independence, they had no desire to entertain Eric’s proposal.

However, since Eric’s proposal was not mandatory, they couldn’t be bothered to oppose it.

A citizen representative stood up and posed a question to Eric, ”My Lord Count, you mentioned overlapping court jurisdictions. If a dispute arises between two courts, how should it be resolved?”

”That pertains to my next proposal. I propose the establishment of three central courts within the royal court. They will be the highest courts of the land.

The Throne Court: to handle cases involving the Royal Family or major criminal offenses.

The Ordinary Court: to handle civil cases, especially land and debt disputes.

The Court of Finance: to handle cases related to finance and taxation.

If a dispute over a judgment arises between local courts, it can be appealed to a central court. One can also seek the help of a circuit court. Of course, this is not mandatory, as appealing to a central court also requires paying a fee to purchase a judicial writ from the Royal Family.”

——————

Eric’s judicial proposals were modeled on the legal reforms implemented in England by King Henry II in the twelfth century. These reforms are considered to have laid the foundation of the English judicial framework, spurred the maturation of England’s unique common law system, and are seen as the origin of the modern jury system.