A Student's History of England, v. 1: B.C. 55-A.D. 1509: From the Earliest Times to the Death of King Edward VIIGardiner, Samuel Rawson
History
A Student's History of England, v. 1: B.C. 55-A.D. 1509: From the Earliest Times to the Death of King Edward VII
Gardiner, Samuel Rawson
Great Britain -- History; Great Britain -- History -- Outlines, syllabi, etc.
10. =The Assize of Clarendon. 1166.=--Henry, being temporarily
disembarrassed of Thomas's rivalry, was able to devote his time to
carrying out still further the judicial organisation of the country.
In =1166= he held a Great Council at Clarendon, and with its approval
issued a set of decrees known as the Assize of Clarendon. By this
assize full force was given to a change which had for some time been
growing in the judicial system. The old English way of dealing with
criminals had been by calling on an accused person to swear to his own
innocence and to bring compurgators to swear that his oath was true.
If the accused failed to find compurgators he was sent to the ordeal.
According to the new way there was to be in each county juries
consisting of twelve men of the hundred and of four from each township
in it to present offences--felonies, murders, and robberies--and to
accuse persons on common report. They were sworn to speak the truth,
so that their charges were known as verdicts (_vere dicta_). No
compurgators were allowed, but the accused, after his offence had been
presented, had to go to the ordeal, and even if he succeeded in this
he was, if his character was notoriously bad, to abjure the
realm--that is to say, to be banished, swearing never to return. If he
came back he was held to be an outlaw, and might be put to death
without mercy by any one.
11. =Recognitions.=--A very similar system to that which was thus
adopted in criminal cases had already in the early part of Henry's
reign been widely extended in civil cases. When, before the Conquest,
disputes occurred amongst the English as to the possession of
property, each party swore to the justice of his own case, brought
compurgators, and summoned witnesses to declare in his favour. There
was, however, no method of cross-examination, and if the hundred or
shire court was still unsatisfied, it had recourse to the ordeal. The
Normans introduced the system of trial by battle, under the belief
that God would intervene to give victory to the litigant whose cause
was just. This latter system, however, had never been popular with the
English, and Henry favoured another which had been in existence in
Normandy before the Conquest, and was fairly suited to English habits.
This was the system of recognitions. Any freeholder who had been
dispossessed of his land might apply to the _Curia Regis_, and the
_Curia Regis_ ordered the sheriff of the county in which was the land
in dispute to select four knights of that county, by whom twelve
knights were chosen to serve as Recognitors. It was the business of
these Recognitors to find out either by their own knowledge or by
private inquiry the truth of the matter. If they were unanimous their
verdict was accepted as final. If not, other knights were added to
them, and when at last twelve were found agreeing, their agreement was
held to settle the question.
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