Great Britain -- History -- Henry II, 1154-1189; Henry II, King of England, 1133-1189
In the absence of records we can only dimly trace the work of legal reform
which was carried out by Henry's legal officers; but it is plain that
before 1164 certain great changes had already been fully established. A
new and elaborate system of rules seems gradually to have been drawn up
for the guidance of the justices who sat in the Curia Regis; and a new set
of legal remedies in course of time made the chances of justice in this
court greater than in any other court of the realm. The _Great Assize_, an
edict whose date is uncertain, but which was probably issued during the
first years of his reign, developed and set in full working order the
imperfect system of "recognition" established by the Norman kings.
Henceforth the man, whose right to his freehold was disputed, need but
apply to the Curia Regis to issue an order that all proceedings in the
local courts should be stopped until the "recognition" of twelve chosen
men had decided who was the rightful owner according to the common
knowledge of the district, and the barbarous foreign custom of settling
the matter by combat was done away with. Under the new system the Curia
Regis eventually became the recognized court of appeal for the whole
kingdom. So great a mass of business was drawn under its control that the
king and his regular ministers could no longer suffice for the work, and
new judges had to be added to the former staff; and at last the positions
of the two chief courts of the kingdom were reversed, and the King's Court
took the foremost place in the amount and importance of its business.
The same system of trial by sworn witnesses was also gradually extended
to the local courts. By the new-fashioned royal system the legal men of
hundreds and townships, the knights and freeholders, were ordered to
search out the criminals of their district, and "present" them for trial
at the Shire Court,--something after the fashion of the "grand jury" of
to-day, save that in early times the jurors had themselves to bear
witness, to declare what they knew of the prisoner's character, to say if
stolen goods had been divided in a certain barn, to testify to a coat by
a patch on the shoulder. By a slow series of changes which wholly
reversed their duties, the "legal men" of the juries of "presentment" and
of "recognition" were gradually transformed into the "jury" of to-day;
and even now curious traces survive in our courts of the work done by the
ancestors of the modern jury. In criminal cases in Scotland the oath
still administered by the clerk to jurymen carries us back to an ancient
time: "You fifteen swear by Almighty God, and as you shall answer to God
at the great day of judgment, you will truth say and no truth conceal, in
so far as you are to pass on this assize."
Public-domain text, read in full here on John Shaqi.
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