Page:Public School History of England and Canada (1892).djvu/35

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THE CROWN, THE CHURCH, AND THE BARONS.
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torture their victims. His grandfather, Henry I, had made a beginning in sending out judges on circuit, and Henry II. followed and extended his plan. Judges now made their circuits more regularly, and it was arranged that in each shire there should be four knights, and in each neighbourhood twelve men, who should place before the judges all cases of evil-doing, and should swear to the guilt of the accused, or to the facts about any property in dispute. This was the beginning of the Grand Jury of to-day. The ‘‘ordeal” was still in use; but it was abolished forty years later. As the Grand Jury, in many cases, did not know all the facts, the custom was introduced of calling on twelve men, who had the necessary information, to state what they knew about the matters in dispute. This body of twelve was called the “Petty Jury.” Its decision as to the guilt or innocence of the accused was called the ‘‘verdict,” which means “truly said.” So we see that at the outset our juries not only heard the evidence but also acted as witnesses. It was not till many years had passed that the jury ceased to do aught except hear the evidence and give the decision.

Henry also lessened the power of the barons by allowing them to pay money to the king instead of giving military service. By this means, and by allowing the small landowners, or yeomanry, to keep arms and defend themselves, he did much to put a stop to such outrages as took place in the reign of Stephen.


3. Henry and the Church.—Henry’s love of order and good government led him to try to make the clergy submit to be judged by the ordinary courts of the land. At this time nearly all the men of any education were clerks or clergy, or in some way connected with the church. William I. had granted the clergy their own courts; and when a clerk committed a serious crime he could not be put to death, for the church courts had no power to inflict such a punishment. So it came to pass that a great many crimes like theft and murder were not duly punished, and wicked men escaped very easily, if they in any way belonged to the clergy. Henry tried to change this, and to have but one kind of law for all classes of his subjects.


4. Becket.—As you may think, the clergy were very much against such a step, and Henry thought if Thomas Becket were made Archbishop of Canterbury, his help would enable him to carry