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
required to say what they know about it.
In its beginning that is all the jury was. But it was a process of easy
application to other questions than those which interested the king. The
question of fact that arose in a suit at law--was the land in dispute
between A and B actually held by the ancestor of B?--could be settled in
the same way by the memory of the neighbours, and in a way much more
satisfactory to the party whose cause was just than by an appeal to the
judgment of heaven in the wager of battle. If the king would allow the
private man the use of this process, he was willing to pay for the
privilege. Such privilege had been granted since the Conquest in
particular cases. A tendency at least in Normandy had existed before
Henry II to render it more regular. This tendency Henry followed in
granting the use of the primitive jury generally to his subjects in
certain classes of cases, to defendants in the Great Assize to protect
their freehold, to plaintiffs in the three assizes of Mort d'Ancestor,
Novel Disseisin, and Darrein Presentment to protect their threatened
seisin. As a process of his own, as a means of preserving order, he again
broadened its use in another way in the Assize of Clarendon, finding in
it a method of bringing local knowledge to the assistance of the
government in the detection of crime, the function of the modern grand
jury and its origin as an institution.
The result of Henry's activities in this direction--changes we may call
them, but hardly innovations, following as they do earlier precedents and
lying directly in line with the less conscious tendencies of his
predecessors,--this work of Henry's was nothing less than to create our
judicial system and to determine the character and direction of its
growth to the present day. In the beginning of these three things, of a
specialized and official court system, of a national judiciary bringing
its influence to bear on every part of the land, and of a most effective
process for introducing local knowledge into the trial of cases, Henry
had accomplished great results, and the only ones that he directly
sought. But two others plainly seen after the lapse of time are of quite
equal importance. One of these was the growth at an early date of a
national common law.
Public-domain text, read in full here on John Shaqi.
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