England under the Angevin Kings, Volume IINorgate, Kate
History
England under the Angevin Kings, Volume II
Norgate, Kate
Anjou, House of; England -- Civilization -- 1066-1485; Great Britain -- History -- Angevin period, 1154-1216
As yet, however, there was no token of the strife to come. In
February 1166, two years after the publication of the Constitutions
of Clarendon, Henry assembled another council at the same place and
thence issued an ordinance[584] for carrying out a reform in the
method of bringing to justice criminals in general, similar to that
which he had in the Constitutions sought to apply to criminals of one
particular class. By the Assize of Clarendon it was enacted that the
king’s justices and the sheriffs should in every shire throughout the
kingdom make inquiry concerning all crimes therein committed “since
our lord the king was king.”[585] The method of their investigations
was that of inquest by sworn recognitors chosen from among the “lawful
men” of each hundred and township, and bound by oath to speak the truth
according to their knowledge of the fact in question. This mode of
legal inquiry had been introduced into England by William the Conqueror
for fiscal purposes, such as the taking of the Domesday survey, and its
employment for similar objects was continued by his successors. Henry
II. had in the early years of his reign applied the same principle
to the uses of civil litigation by an ordinance known as the “Great
Assize,” whereby disputes concerning the possession of land might, if
the litigants chose, be settled before the justices of the king’s court
by the unanimous oath of twelve lawful knights chosen according to a
prescribed form from among those dwelling in the district where the
land lay, and therefore competent to swear to the truth or falsehood of
the claim.[586] This proceeding seems to be assumed as already in use
by the ninth Constitution of Clarendon, which ordains its application
to disputes concerning Church lands.[587] The Assize of Clarendon aimed
at bringing criminals to justice by the help of the same machinery. It
decreed that in every hundred of every shire inquest should be made by
means of twelve lawful men of the hundred and four from each township,
who should be sworn to denounce every man known in their district
as a robber, thief or murderer, or a harbourer of such; on their
presentment the accused persons were to be arrested by the sheriff,
and kept by him in safe custody till they could be brought before the
itinerant justices, to undergo the ordeal of water and receive legal
punishment according to its results.[588] The inquest was to be taken
and the session of the justices held in full shire-court; no personal
privileges of any kind were to exempt any qualified member of the court
from his duty of attendance and of service on the jury of recognitors
if required;[589] and no territorial franchise or private jurisdiction,
whether of chartered town or feudal “honour,” was to shelter a criminal
thus accused from the pursuit of the sheriffs on the authority of the
justices.[590]
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account