By a free use of writs running from the King or his Justiciar, he
limited the jurisdiction of all other courts, and subordinated them to
the King’s Court. By a regular system of removal from lord to county,
and from county to King, he secured the gradual unification of the
law. The lord’s courts had administered the customs of each manor;
each county court, too, had its customs, all based upon the Germanic
law, but differing materially in the several counties, and especially
in the several ancient divisions of the kingdom. The King’s Court now
began to develop a common law, partly Anglo-Saxon in its origin, partly
Norman, but molded largely by Henry’s formal or informal legislation,
and tempered, as Glanville several times asserts, by equity.
To increase the influence of the King’s courts and to bring them to the
people, Henry relied on an already existing institution, the _iter_
or eyre; but he so improved the system as to make it almost a new
invention. The Kingdom was divided into circuits, each made up of a
number of neighboring counties; and judges were appointed to ride each
circuit, holding a King’s court in each county, and thus bringing every
part of the Kingdom under the direct control of the King. Glanville
himself became one of the first judges of the Northern Circuit.
One of the most important of Henry’s provisions for securing the King’s
peace was the invention of writs for the protection of peaceful seisin,
and the prevention of disseisin, even by the true owner. These writs
put an end to forcible self-help, and brought every legal dispute over
dispossession into the King’s Court. The writs of novel disseisin, of
mort d’auncestor, and of darrein presentment, established by Henry’s
legislation, became the basis of the land law.
Another reform, of even more far-reaching consequence, was his
invention of a more rational method of establishing the truth of facts.
In place of trial by ordeal, by compurgation, or by battle, he provided
the assise (soon followed by the jury) as a means of eliciting truth.
Trial by jury in the King’s Court, by favor or by right, became so
popular as eventually to deprive the other courts of their litigation;
and so satisfactory as to cultivate in the people of England a respect
for law and a willingness to abide by its decisions that have been
characteristic of the race for centuries.
The doctrine of res judicata seems to have been adopted at this time
as another rule tending to the preservation of peace. When Glanville
wrote, it had not been fully settled that the judgment even in a writ
of right was necessarily final; Glanville’s strong opinion that it was
so no doubt settled the law as we now have it.
Public-domain text, read in full here on John Shaqi.
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