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
In the reign of Henry I we also noticed evidence which proved the
occasional, and led us to suspect the somewhat regular employment of
itinerant justices. This institution was put into definite and permanent
form by his grandson. The kingdom was at first divided into six circuits,
to each of which three justices were sent. Afterwards the number of
justices was reduced. These justices, though not all members of the small
court at Westminster, were all, it is likely, familiar with its work, and
to each circuit at least one justice of the Westminster court was
probably always assigned. What they carried into each county of the
kingdom as they went the round of their districts was not a new court and
not a local court; it was the curia regis itself, and that too in its
administrative as well as in its judicial functions indeed it is easy to
suspect that it was quite as much the administrative side of its
work,--the desire to check the abuses of the sheriffs by investigation on
the spot, and to improve the collection of money due to the crown, as its
judicial,--as the wish to render the operation of the law more convenient
by trying cases in the communities where they arose, that led to the
development of this side of the judicial system. Whatever led to it, this
is what had begun, a new branch of the judicial organization.
It was in these courts, these king's courts,--the trial court at
Westminster and the court of the itinerant justices in the different
counties,--that the institution began to be put into regular use that has
become so characteristic a distinction of the Anglo-Saxon judicial
system--the jury. The history of the jury cannot here be told. It is
sufficient to say that it existed in the Frankish empire of the early
ninth century in a form apparently as highly developed as in the Norman
kingdom of the early twelfth. From Charles the Great to Henry II it
remained in what was practically a stationary condition. It was only on
English soil, and after the impulse given to it by the broader uses in
which it was now employed that it began the marvellous development from
which our liberty has gained so much. At the beginning it was a process
belonging to the sovereign and used solely for his business, or employed
for the business of others only by his permission in the special case.
What Henry seems to have done was to generalize this use, to establish
certain classes of cases in which it might always be employed by his
subjects, but in his courts only. In essence it was a process for getting
local knowledge to bear on a doubtful question of fact of interest to the
government. Ought A to pay a certain tax? The question is usually to be
settled by answering another: Have his ancestors before him paid it, or
the land which he now holds? The memory of the neighbours can probably
determine this, and a certain number of the men likely to know are
summoned before the officer representing the king, put on oath, and
Public-domain text, read in full here on John Shaqi.
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