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.
12. =The Germ of the Jury.=--Thus, whilst in criminal cases the local
knowledge of sworn accusers was treated as satisfactory evidence of
guilt, in civil cases a system was growing up in which is to be traced
the germ of the modern jury. The Recognitors did not indeed hear
evidence in public or become judges of the fact, like the modern jury;
they were rather sworn witnesses, allowed to form an opinion not
merely, like modern witnesses, on what they had actually seen or
heard, but also on what they could gather by private inquiry.
13. =The Itinerant Justices Revived.=--To carry out this system Henry
renewed his grandfather's experiment of sending members of the _Curia
Regis_ as itinerant justices visiting the counties. They held what
were called the pleas of the crown--that is to say, trials which were
brought before the king's judges instead of being tried either in the
county courts or the manorial courts. Both these judges and the king
had every interest in getting as much business before their courts as
possible. Offenders were fined and suitors had to pay fees, and the
best chance of increasing these profits was to attract suitors by
administering justice better than the local courts. The more thronged
were the king's courts, the more rich and powerful he became. The
consequent growth of the influence of the itinerant justices was no
doubt offensive to the lords of the manor, and especially to the
greater landowners, as diminishing their importance, and calling them
to account whenever they attempted to encroach on their less powerful
neighbours.
Public-domain text, read in full here on John Shaqi.
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