The latter part of the twentieth century may not find many of us wishing to pay tribute to bureaucrats, but as Helen Cam reminded us, the civil servant “deserves more credit than he has yet had for building up and maintaining our precious tradition of law and order.” In the late twelfth century and the thirteenth century the process of “bureaucratization” first got underway in England. An early professional civil servant, one specializing in judicial activity, was Simon of Pattishall. His name surfaces in the records in 1190, and it disappears after 1216. His time of activity, then, coincides with an important period for English common law: the years between “Glanvill” and Magna Carta.Simon was one of that group of royal judges who might be termed the first “professionals,” a group that took shape by the middle years of Richard I's reign. By the time of John, about ninety men acted at various times as royal judges, either at the Bench at Westminster, with the court following the king, or as itinerant justices. Many of these had only temporary appointments, making circuits in the counties; but a core of fifteen, who concentrated on the work of the courts, can be regarded as early members of a professional judiciary. Simon of PattishalPs is perhaps the most respected name among the fifteen. He had the longest career on the bench, from 1190 until 1216. He founded a judicial dynasty, for his clerk, Martin of Pattishall, became a judge, as did his clerk, William Raleigh, who had as his clerk Henry of Bracton, author of the great treatise on English law.
Warranty and Good Lordship in Twelfth Century England
