Skip to main content Accessibility help
×
Hostname: page-component-848d4c4894-ttngx Total loading time: 0 Render date: 2024-05-11T11:34:16.529Z Has data issue: false hasContentIssue false

4 - The Assize Circuitry of Measure for Measure

Published online by Cambridge University Press:  24 April 2021

Virginia Lee Strain
Affiliation:
Loyola University, Chicago
Get access

Summary

[C]ourt motions are up and down, ours circular; theirs like squibs cannot stay at the highest nor return to the place which they rose from, but vanish and wear out in the way; ours like mill-wheels, busy without changing place; they have peremptory fortunes, we vicissitudes.

This is why the saying of Bias is thought to be true, that ‘rule will show a man’; for a ruler is necessarily in relation to other men, and a member of a society.

I know there be many good [justices], and I wish their number were increased; but who be they? even the poorer and meanest Justices, by one of which more good cometh to the Commonwealth, than by a hundred of greater condition and degree.

And this you shall finde, that even as a King, (let him be never so godly, wise, righteous, and just) yet if the subalterne Magistrates doe not their parts under him, the Kingdome must needes suffer: So let the Judges bee never so carefull and industrious, if the Justices of Peace under them, put not to their helping hands, in vain is all your labour: For they are the King's eyes and eares in the countrey.

We have already heard the central government's pessimistic perspective on local justice as it was communicated in Nicholas Bacon's parliamentary speeches. In his closing oration, the Lord Keeper addressed the country’s provincial magistrates, admonishing them to put into practice the statutes that were especially prioritised by central policy. He warned of the dangers of bad justices who failed to enforce the law, and especially of negligent and corrupt officeholders who posed the most insidious threat to order by inviting the contempt of all authority. Beyond parliamentary chastisement, however, what could actually be done ‘to remove from the bench those that are drones and not bees’? At the turn of the seventeenth century, the court of Assize was responsible for overseeing and reforming the execution of local justice and governance throughout the country. The court was an itinerant tribunal that convened twice a year, generating a cyclical representation of central authority in which judges from the Westminster courts brought legal expertise, the voice of the sovereign and the Privy Council, and imposing ceremonial grandeur to their sessions in the English counties.

Type
Chapter
Information
Publisher: Edinburgh University Press
Print publication year: 2018

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure coreplatform@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×