- Even more significant was the appointment, beginning in the 12th century, ofJustices
in Eyre (travelling justices, not necessarily members of the C11ria Regis), who
carried the king's commission to hear and resolve disputes in all parts of the country.
For the purposes of these itinerant commissions, England was divided into a series of
regions, or 'circuits', which formed a basis of legal administration until the 1970s.
- As the Curia regis started to become busy it was divided into specialised bodies, one
of which, made up of professional judges, heard disputes bet,vel'n (or 'the pleas of')
commoners. This body became known as the Court of Common Pleas.
- Another specialist body of financial advisers heard dispute and was known as the
“court of exchequer”, this was because the table was a chequered pattern.
Furthermore, in addition to the common pleas and the exchequers remained a group of
advisers who travelled with the king ad overtime was divided into two group:
- Those whose task it was to advise on (or carry out in the king's name) the
resolution of individual disputes, and those whose job it was to advise on more
general questions of policy.
- Coram rege known as the “kings bench” had a monopoly on those disputes
involving the king himself or touching upon royal interests.
- The three dispute resolving institutions – common pleas, the exchequer and the
kings bench are together known as the Common law courts and it is through
their work that the common law system flourished.
The Writ System
- The curia regis was divided into three common law courts known as the common
pleas, the exchequer and the kings bench. In an attempt to cope ith the demand of
centralised governments. However they still struggled the number of cases that
- In response to this, the procedures were made more formal and regular.
- Chief means of organisations was known as the Writ System, which was a command
from the king to a sheriff that a person whom a claim had been made against must be
brought before a court to answer the allegations.
- However this formalisation failed to stem the demand for the kings justice and the
common law system continued to expand as more cases were brought before the kings
court which led to the multiplication of the different types of writs.
- In 1258, nobles extracted a promise by the king known as the “provision of Oxford”
stating that no new writs could issues without the express authorization of the council.
- However not long after the nobles were forced to allow new writs to be created in
order to accommodate the popular demand for court hearing where new forms of
writs were not available.
- Led to use of Legal Friction which is me of fabricated facts, to enable new types
of cases to be brought within the existing writ.
- •In Courts today, in order to sue, the person bringing the action must be able to
establish a ‘Cause of Action’.