Page:The Normans in European History.djvu/126

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112
NORMANS IN EUROPEAN HISTORY

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