Law Courts " 171
part of their business, and one hesitates no longer to call
them judges. They might not now all be members of the
central court, but some of each group almost always were.
In either case, however, they were doing, as formerly,
king's business; the court which they held was his court.
Long after Henry II. 's time, they did king's business of a
non-judicial character, often along with their judicial
work, but it is not surprising that in this legal reign the
English missus dominicus was becoming a specialist in
judicial matters. If a constantly increasing number of
actions were to be tried in the king's court, that court
must become to some extent itinerant, unless almost all
litigants and juries were to bear the burden and expense
of long journeys. This new need seized upon the already
existing itinerant justice system, and the circuit court
developed. After the Assize of Northampton, which in
1176 still further extended the work of the itinerant
justices, they were increasingly used to the end of the
reign. There was little regularity in sending them out, in
the extent or location of their circuits, in their personnel,
or in the contents of their commissions. The king seeins
to have apportioned his increasing business between his
court at Westminster and his courts in the localities as
its varying amount and nature from year to year or month
to month suggested.
The century following Henry II. was still a time of
experiment and gradual development in the itinerant
justice system, or the system of commissions as it may
perhaps be more properly called. There came to be two
main classes of commissions, those of a minor character
and the general iters. The more important minor coin-
missions were for gaol delivery or the possessory assizes.
The individual commission of gaol delivery applied to a
specific gaol named therein; it did not order an inquiry
through a jury of presentment, but dealt simply with those
persons found in the gaol at the date set; it might, how-
ever, involve the trial of some of the greatest criminal
cases* This commission was often entrusted to knights