A History of England, Period I. Mediæval MonarchyBright, J. Franck (James Franck)
History
A History of England, Period I. Mediæval Monarchy
Bright, J. Franck (James Franck)
Great Britain -- History
Henry’s legal mind, which thus organized the administration,
introduced many improvements In judicial procedure. It is to
this reign that can be traced the origin of trial by jury. This
method was not employed first in criminal cases, but in carrying
out inquiries of various kinds. As soon as such inquiries came to
be made on oath, the beginning of the jury system had arrived.
As early as the great Domesday survey, the sheriff, barons,
freeholders, the priest, the reeve, and six villeins of each
township, had been all examined upon oath. Judicially this method
of inquiry was first applied in civil cases. By the ordinance of
the Grand Assize, a choice was given to any person whose right to
the possession of land was called in question. He might either
if he pleased defend his claims by the old-fashioned appeal to
battle, or he might have his right examined by twelve freeholders
on their oath, selected by four freeholders also on their oath,
nominated by the sheriff. These sworn freeholders were evidently
at first witnesses; twelve others were subsequently added to them,
who, from their neighbourhood or other reasons, might be supposed
to be better acquainted with the facts. This took place in Edward
I.’s reign. The double jury was then separated, the original twelve
playing their part as jurors of the present day, judging of the
facts asserted by the second twelve, who represent the witnesses.
In 1166, by the Assize of Clarendon, the same process was extended
to criminal cases; that is to say, twelve lawful men from each
hundred, and four from each township, were sworn to inquire whether
there were any criminal, or receiver of criminals, in their
district, and to present the same to the itinerant justices or to
the sheriffs. These criminals were then put to the ordeal without
further investigation. This was the origin of the grand jury.
The abolition of ordeal rendered some substitute necessary, and
ordinary trial by jury was the consequence.
[Sidenote: Scutage.]
[Sidenote: Assize of arms.]
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