An Introduction to the History of Western EuropeRobinson, James Harvey
History
An Introduction to the History of Western Europe
Robinson, James Harvey
Europe -- History
In order that he might maintain his prerogatives as judge of disputes
among his subjects and avoid all excuse for the private warfare, which
was such a persistent evil on the continent, he undertook to improve and
reform the system of royal courts. He arranged that his judges should
make regular circuits throughout the country, so that they might try
cases on the spot at least once a year. He established the famous Court
of King's Bench to try all other cases which came under the king's
jurisdiction. This was composed of five judges from his council, two
clergymen, and three laymen. We find, too, the beginning of our grand
jury in a body of men in each neighborhood who were to be duly sworn in,
from time to time, and should then bring accusations against such
malefactors as had come to their knowledge.
[Illustration: The Plantagenet Possessions in England and France]
[Sidenote: Trial by jury.]
[Sidenote: The common law.]
As for the petty or smaller jury, which actually tried the accused, its
origin and history are obscure. It did not originate with Henry II, but
he systematized trial by jury and made it a settled law of the land
instead of an exceptional favor. The plan of delegating the duty of
determining the guilt or innocence of a suspected person to a dozen
members of the community who were sworn to form their opinion without
partiality was very different from the earlier systems. It resembled
neither the Roman trial, where the judges made the decision, nor the
mediæval compurgation and ordeals, where God was supposed to pronounce
the verdict. In all legal matters the decisions of Henry's judges were
so sagacious and consistent that they became the basis of the common law
which is still used in all English-speaking countries.
[Sidenote: Henry II and Thomas à Becket.]
[Sidenote: Becket as chancellor.]
Public-domain text, read in full here on John Shaqi.
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