The Great Events by Famous Historians, Volume 05 - (From Charlemagne to Frederick Barbarossa) by Unknown
page 47 of 503 (09%)
page 47 of 503 (09%)
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the king could rely on the help of the bulk of the free people in all
struggles with his feudatories, and the people, finding that their connection with their lords would be no excuse for unfaithfulness to the king, had a further inducement to adhere to the more permanent institutions. In the department of law the direct changes introduced by the Conquest were not great. Much that is regarded as peculiarly Norman was developed upon English soil, and although originated and systematized by Norman lawyers, contained elements which would have worked in a very different way in Normandy. Even the vestiges of Carlovingian practice which appear in the inquests of the Norman reigns are modified by English usage. The great inquest of all, the _Domesday_ survey, may owe its principle to a foreign source; the oath of the reporters may be Norman, but the machinery that furnishes the jurors is native; "the king's barons inquire by the oath of the sheriff of the shire, and of all the barons and their Frenchmen, and of the whole hundred, the priest, the reeve, and six _ceorls_ of every township." The institution of the collective Frank pledge, which recent writers incline to treat as a Norman innovation, is so distinctly colored by English custom that it has been generally regarded as purely indigenous. If it were indeed a precaution taken by the new rulers against the avoidance of justice by the absconding or harboring of criminals, it fell with ease into the usages and even the legal terms which had been common for other similar purposes since the reign of Athelstan. The trial by battle, which on clearer evidence seems to have been brought in by the Normans, is a relic of old Teutonic jurisprudence, the absence of which from the Anglo-Saxon courts is far more curious than its introduction from abroad. |
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