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
To this year, 1070, in which was begun the reformation of the Church,
was assigned at a later time another work of constitutional interest.
The unofficial compiler of a code of laws, the Leges Edwardi, written
in the reign of Henry I, and drawn largely from the legislation of the
Saxon kings, ascribed his work, after a fashion not unusual with
writers of his kind, to the official act of an earlier king. He relates
that a great national inquest was ordered by King William in this year,
to ascertain and establish the laws of the English. Each county elected
a jury of twelve men, who knew the laws, and these juries coming
together in the presence of the king declared on oath what were the
legal customs of the land. So runs the preface of the code which was
given out as compiled from this testimony. Such a plan and procedure
would not be out of harmony with what we know of William's methods
and policy. The machinery of the jury, which was said to be employed,
was certainly introduced into England by the first Norman king, and
was used by him for the establishment of facts, both in national
undertakings like the Domesday Book and very probably in local cases
arising in the courts. We know also that he desired to leave the old
laws undisturbed so far as possible, and the year 1070 is one in which
an effort to define and settle the future legal code of the state would
naturally fall. But the story must be rejected as unhistorical. An
event of such importance as this inquisition must have been, if it
took place, could hardly have occurred without leaving its traces in
contemporary records of some sort, and an official code of this kind
would have produced results in the history of English law of which we
find no evidence. The Saxon law and the machinery of the local courts
did survive the Conquest with little change, but no effort was made to
reduce the customs of the land to systematic and written form until a
later time, until a time indeed when the old law was beginning to give
place to the new.
[4] See H. Bohmer, Die Falschungen Erzbischof Lanfranks van Canterbury
(Leipzig, 1902).
[5] Böhmer, Kirche und Staat in England und in der Normandie,
pp. 103-106.
[6] Eadmer, Historia Novorum, p. 9.
[7] Böhmer, Kirche und Staat, pp. 126 ff.
[8] Eadmer, Hist. Nov., p. 10.
CHAPTER III
WILLIAM'S LATER YEARS
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