4 - The Assize Circuitry of Measure for Measure
Published online by Cambridge University Press: 24 April 2021
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.
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- Legal Reform in English Renaissance Literature , pp. 133 - 170Publisher: Edinburgh University PressPrint publication year: 2018