The royal magistrate
“For no one may contravene the ruling of the royal magistrate, unless the king sees that the law book is against it, or he arrives at another, more just, conclusion with the agreement of wise people.”
Section about Going to Assemblies, chapter 10
Like the lawman before him, the magistrate was initially appointed by the regional assembly. This was a position of trust given to whoever was believed to know the laws best. He recited and interpreted the law and presided over the legal proceedings at the assembly. Before laws began to be written down in the 11th century, they were memorized and transmitted orally. Gradually, as the use of law books became more common, the tradition of reciting laws disappeared. However, even after the laws were written down, they had to be read aloud because most people were illiterate. Towards the end of the 12th century, the king began to appoint the magistrates himself. By the time of the Laws of the Land, the royal magistrate had become a juristic officer – a public judge. With the Laws of the Land, the laws and regulations became more principled and less based on previous judgements. The royal magistrate judged independently in many cases. In the regional assemblies, the royal magistrate was given a stronger and more independent position and had the last word in cases of disagreement in the assembly. According to the Laws of the Land, only the king could overrule his verdicts in the regional assembly. The Laws of the Land initiated major changes. By the early 14th century, the importance of the regional assemblies had diminished. At the end of the 13th century, the old regional assemblies were divided into several smaller units. The royal magistrates started to travel around in their jurisdictions to judge in current cases and were less dependent on the fixed assembly times. The royal magistrates were also often based in the towns.
This charter from 1413 is a good example of archiving practice. It contains copies of four earlier charters, all of which concern the same man and the estates that belonged to his family.
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