no appeal; it was orderly, methodical, unrelenting;
it was backed by the whole force of the kingdom; it
overlooked nothing; it forgot nothing; it was comparatively
incorruptible. The lesser courts, with their
old clumsy procedure, were at a hopeless disadvantage
before the professional judges, who could use all
the new legal methods. If a man suffered under
these there was none to plead his cause, for in all
the country there was not a single trained lawyer save
those in the king’s service. However we
who look back from the safe distance of seven hundred
years may see with clearer vision the great work which
was done by Henry’s Assize, in its own day it
was far from being a welcome institution to our unhappy
forefathers. There was scarcely a class in the
country which did not find itself aggrieved as the
king waged war with the claims of “privilege”
to stand above right and justice and truth. But
all resistance of turbulent and discontented factions
was vain. The great justiciars at the head of
the legal administration, De Lucy and Glanville, steadily
carried out the new code, and a body of lawyers was
trained under them which formed a class wholly unknown
elsewhere in Europe. Instead of arbitrary and
inflicting decisions, varying in every hundred and
every franchise according to the fashion of the district,
the judges of the Exchequer or Curia Regis declared
judgments which were governed by certain general principles.
The traditions of the great administrators of Henry’s
Court were handed down through the troubled reigns
of his sons; and the whole of the later Common law
is practically based on the decisions of two judges
whose work was finished within fifty years of Henry’s
death, and whose labours formed the materials from
which in 1260 Bracton drew up the greatest work ever
written on English law.
There was, in fact, in all Christendom no such system
of government or of justice as that which Henry’s
reforms built up. The king became the fountain
of law in a way till then unknown. The later jealousy
of the royal power which grew up with the advance
of industrial activity, with the growth of public
opinion and of its means of expressing itself, with
the development of national experience and national
self-dependence, had no place in Henry’s days,
and had indeed no reason for existence. The strife
for the abolition of privileges which in the nineteenth
century was waged by the people was in the twelfth
century waged by the Crown. In that time, if
in no other, the assertion of the supreme authority
of the king meant the assertion of the supreme authority
of a common law; and there was, in fact, no country
in Europe where the whole body of the baronage and
of the clergy was so early and so completely brought
into bondage to the law of the land. Since all
courts were royal courts, since all law was royal
law, since no justice was known but his, and its conduct
lay wholly in the hands of his trained servants, there
was no reason for the king to look with jealousy on