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THE MAKING OF EUROPE / EARLY EUROPEAN HISTORY

From Hutton Webster's, Early European History (1917); edited for this on-line publication, by ELLOPOS

XIX. EUROPEAN NATIONS DURING THE LATER MIDDLE AGES

Rediscovering the Path to Europe
Em. Macron, Rediscovering the Path to Europe


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Page 6

CIRCUIT JUDGES

Henry also took measures to bring the king's justice directly to the people. He sent members of the royal court on circuit throughout the kingdom. At least once a year a judge was to hold an assembly in each county and try such cases as were brought before him. This system of circuit judges helped to make the law uniform in all parts of England.

TRIAL BY "PETTY JURY"

The king's court owed much of its popularity to the fact that it employed a better form of trying cases than the old ordeal, oath-swearing, or judicial duel. Henry introduced a method of jury trial which had long been in use in Normandy. When a case came before the king's judges on circuit, they were to select twelve knights, usually neighbors of the parties engaged in the dispute, to make an investigation and give a "verdict" [4] as to which side was in the right. These selected men bore the name of "jurors," [5] because they swore to tell the truth. In Henry's time this method of securing justice applied only to civil cases, that is, to cases affecting land and other forms of property, but later it was extended to persons charged with criminal offenses. Thus arose the "petty jury," an institution which nearly all European peoples have borrowed from England.

[4] Latin verum dictum, "a true statement."

[5] Latin juro, "I take an oath."

 

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THE MAKING OF EUROPE / EARLY EUROPEAN HISTORY: Table of Contents

url: www.ellopos.net/politics/european-history/default.asp


IN PRINT

Rediscovering the Path to Europe Henrik Ibsen, A Doll's House

Learned Freeware

Cf. The Ancient Greece * The Ancient Rome
Eastern Roman Empire (Byzantium) * Western Medieval Europe * Renaissance in Italy

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