The Normans in European historyHaskins, Charles Homer
History
The Normans in European history
Haskins, Charles Homer
Europe -- History; Great Britain -- History -- Medieval period, 1066-1485; Normans -- Europe
inserted in colors by an illuminator who never came; and those who
first studied these documents drew the hasty conclusion that they were
issued by Henry as duke of Normandy before he became king. It was not,
however, usual for the mediæval scribe to leave the rubricator entirely
without guidance when he came to insert his initials, but to mark the
proper letter lightly in the place itself or on the margin, and an
attentive examination of the well-thumbed margins of the Bayeux _Black
Book_ shows that this was no exception to the rule, and that in both
the cases in question the initial G had been carefully indicated. G
can, of course, stand only for Henry’s father Geoffrey, so that some
general use of the assize as a method of trial in the ducal courts can
be proved for his reign. As no such documents have reached us for his
predecessors, it would be tempting to assume the influence of Angevin
precedents; but this runs counter to what we know of the judicial
institutions of Anjou in this period, as well as of the policy of
Geoffrey in Normandy, which was to follow in all respects the system of
Henry I. Although the first general use of the sworn inquest as a mode
of trial thus antedates Henry II, it is still a Norman institution.
* * * * *
It would carry us too far to discuss the many problems connected with
the use of the jury in Henry’s reign or to follow the many changes
still needed to convert the sworn inquest into the modern jury. It is
sufficient for our present purpose to mark its Norman character, first
as being carried to England by the Normans in its older form, and then
as being developed into its newer form on Norman soil. It should,
however, be remembered that its later history belongs to England
rather than to Normandy. With the rise of new forms of procedure
in the thirteenth century, the jury on the Continent declines and
finally disappears; “but for the conquest of England,” says Maitland,
“it would have perished and long ago have become a matter for the
antiquary.”[39] In England, however, it was early brought into
relations with the local courts of the hundred and the county, where
it struck root and developed into a popular method of trial which was
later to become a defence against the king’s officers who had first
introduced it. A bulwark of individual liberty, the jury also holds an
important place in the establishment of representative government, for
it was through representative juries that the voice of the countryside
first asserted itself in the local courts, for the assessment of taxes
as well as for the decision of cases, and it was in the negotiations of
royal officers with the local juries that we can trace the beginnings
of the House of Commons. It is no accident that the first employment
of local juries for the assessment of military and fiscal obligations
belongs to the later years of Henry II.
Public-domain text, read in full here on John Shaqi.
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