The History of England - a Study in Political Evolution by A. F. (Albert Pollard) Pollard
page 25 of 148 (16%)
page 25 of 148 (16%)
|
helpers or compurgators and each compurgator's oath was valued
according to his property, just as the number of a man's votes is still proportioned to some extent to his possessions. But if, as commonly happened, both parties produced the requisite oath-helpers, there was nothing for it but the ordeal by fire or water; the man who sank was innocent, he who floated guilty; and the only rational element in the ritual was its supervision by the priests, who knew something of their parishioners' character. Military tenants, however, preferred their privilege of trial by battle. Now Henry began to teach men to rely upon their judgment; and by degrees a distinction was even made between murder and homicide, which had hitherto been confounded because "the thought of man shall not be tried, for the devil himself knoweth not the thought of man." In order to carry out his judicial reforms, Henry developed the _curia regis_, or royal court of justice. That court had simply been the court of the king's barons corresponding to the court of his tenants which every feudal lord possessed. Its financial aspect had already been specialized as the exchequer by the Norman kings, who had realized that finance is the first essential of efficient government. From finance Henry I had gone on to the administration of justice, because _justitia magnum emolumentum_, the administration of justice is a great source of profit. Henry II's zeal for justice sprang from similar motives: the more justice he could draw from the feudal courts to his own, the greater the revenue he would divert from his unruly barons into the royal exchequer. From the central stores of the _curia regis_ he dispensed a justice that was cheaper, more expeditious, and more expert, than that provided by the local courts. He threw open its doors to all except villeins, he transformed it from an occasional assembly of warlike barons into a regular court of |
|