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
Two innovations the Norman Kings did make; they introduced trial by
combat (already sufficiently discussed), and likewise the continental
method of obtaining information on sworn testimony. Among the
prerogatives of the Norman Dukes one of the most valuable was the right
to compel the sworn evidence of reliable men of any district—men
specially picked for the purpose, and put on oath before answering the
questions asked of them, thus endangering their eternal welfare in the
event of falsehood, and laying themselves open to temporal penalties for
perjury.
This procedure was known as _inquisitio_ (or the seeking of information)
when regarded from the point of view of the government making the
inquiry, and as _recognitio_ (or the giving of information) from the
point of view of those supplying it. This extremely simple and practical
device was flexible and capable of extension to endless new uses in the
deft hands of the Norman Kings in England. William the Conqueror
employed it in collecting the laws and customs of the conquered people,
and, later on, in compiling Domesday Book; while his successors made it
the instrument of various experiments in the science of taxation. It has
a double claim to the interest of the constitutional historian, because
it was one of the influences which helped to mould our Parliamentary
institutions; and because several of the new uses to which it came to be
put had a close connection with the origin of trial by jury. The
recognitors, indeed, were simply local jurors in a rude or elementary
form.[150]
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Footnote 150:
The relation of “recognition” to trial by jury is fully discussed,
_infra_, Part III., section 7.
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III. _Reforms of Henry II. in Law Courts and Legal Procedure._ It was
reserved for Henry of Anjou to inaugurate an entirely new era in the
relations of the three classes of courts. He was the first king
deliberately to plan the overthrow of the feudal jurisdictions by
insidiously undermining them, if not yet by open attack. He was the
first king to reduce the old district courts so thoroughly under the
control of royal officials as to turn them practically into royal
courts. He was the first king also to throw open the doors of his own
courts of law to all-comers, to all freemen, that is to say, for the
despised villein had for centuries still to seek redress in the court of
that very lord of the manor who was too often his oppressor.
Public-domain text, read in full here on John Shaqi.
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