The History of England from the Norman Conquest to the Death of John (1066-1216)Adams, George Burton
History
The History of England from the Norman Conquest to the Death of John (1066-1216)
Adams, George Burton
Great Britain -- History -- Medieval period, 1066-1485
If this interpretation is correct, this writ is typical of a process of
the greatest interest, which we know from other sources was
characteristic of the reign, a process which gave their peculiar form to
the institutions of England and continued for more than a century. By
this process the local law and institutions of Saxon England, and the
royal law and central institutions of the Normans, were wrought into a
single and harmonious whole. This process of union which was long and
slow, guided by no intention beyond the convenience of the moment,
advances in two stages. In the first, the Norman administration, royal
and centralized, is carried down into the counties and there united, for
the greater ease of accomplishing certain desired ends of administration,
with the local Saxon system. This resulted in several very important
features of our judicial organization. The second stage was somewhat the
reverse of this. In it, certain features which had developed in the local
machinery, the jury and election, are adopted by the central government
and applied to new uses. This was the origin of the English parliamentary
system. It is of the first of these stages only that we get a glimpse, in
this document, and from other sources of the reign of Henry, and these
bits of evidence only allow us to say that those judicial arrangements
which were put into organized form in his grandson's reign had their
beginning, as occasional practices, in his own. Not long after the date
of this charter, a series of law books, one of the interesting features
of the reign, began to appear. Their object was to state the old laws of
England, or these in connexion with the laws then current in the courts,
or with the legislation of the first of the Norman kings. Private
compilations, or at most the work of persons whose position in the
service of the state could give no official authority to their codes,
their object was mainly practical; but they reveal not merely a general
interest in the legal arrangements existing at the moment, but a clear
consciousness that these rested upon a solid substratum of ancient law,
dating from a time before the Conquest. Towards this ancient law the
nation had lately turned, and had been answered by the promise in Henry's
coronation charter. Worn with the tyranny of William Rufus, men had
looked back with longing to the better conditions of an earlier age, and
had demanded the laws of Edward or of Canute, as, under the latter, men
had looked back to the laws of Edgar, demanding laws, not in the sense of
the legislation of a certain famous king, but of the whole legal and
constitutional situation of earlier times, thought of as a golden age
from which the recent tyranny had departed. What they really desired was
never granted them. The Saxon law still survived, and was very likely
renewed in particulars by Henry I, but it survived as local law and as
the law of the minor affairs of life. The law of public affairs and of
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