Magna Carta: A Commentary on the Great Charter of King John: With an Historical IntroductionMcKechnie, William Sharp
History
Magna Carta: A Commentary on the Great Charter of King John: With an Historical Introduction
McKechnie, William Sharp
Constitutional history -- England -- Sources; Law -- England -- History; Law -- England -- Sources; Magna Carta
Closely connected with the control thus established over the local
courts was the new system of procedure instituted by Henry. The chief
feature was that each litigation must commence with an appropriate royal
writ issued from the Chancery. Soon for each class of action was devised
a special writ appropriate to itself, and the entire procedure came to
be known as "the writ process"—an important system to which English
jurisprudence owes both its form and the direction of its growth. Many
reforms which at first sight seem connected merely with minute points of
legal procedure were really fraught with immense purport to the
subsequent development of English law and English liberties. A great
future was reserved for certain expedients adopted by Henry for the
settlement of disputes as to the possession or ownership of land, and
also for certain expedients for reforming criminal justice instituted or
systematized by a great ordinance, issued in 1166, known as the Assize
of Clarendon.[2] A striking feature of Henry’s policy was the bold
manner in which he threw open the doors of his royal Courts of Law to
all-comers, and provided there—always in return for hard cash, be it
said—a better article in name of justice than could be procured
elsewhere in England, or for that matter, elsewhere in Europe. Thus, not
only was the Exchequer filled with fines and fees, but, insidiously and
without the danger involved in a frontal attack, Henry sapped the
strength of the great feudal magnates, and diverted the stream of
litigants from the manorial courts to his own. The same policy had still
another result in facilitating the growth of a body of common law,
uniform throughout the length and breadth of England, and opposed to the
varying usages of localities or even of individual baronial courts.
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Footnote 2:
The details of these reforms are fully discussed _infra_ under the
head of “Royal Justice and Feudal Justice,” and some of their ultimate
effects under the head of “Trial by Jury.”
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Public-domain text, read in full here on John Shaqi.
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