175.  Grand Juries.

The Norman method of settling disputed was by Trial by Battle, in which the contestants or their champions fought the matter out either with swords or cudgels (S148).  There were those who objected to this club law.  To them the King offered the privilege of leaving the decision of twelve knights, chosen from the neighborhood, who were supposed to know the facts. (See the Constitutional Summary in the Appendix, p. vi, S8.)

In like manner, when the judges passed through a circuit, a grand jury of not less than sixteen was to report to them the criminals of each district.  These the judges forthwith sent to the Church to be examined by the Ordeal (S91).  If convicted, they were punished; if not, the judges considered them to be suspicious characters, and ordered them to leave the country within eight days.  In that way the rascals of that generation were summarily disposed of.

Henry II may rightfully be regarded as having taken the first step toward founding the system of Trial by Jury, which England, and England alone, fully matured.  That method has since been adopted by every civilized country of the globe. (See the Constutional Summary in the Appendix, p. vii, S8.)

176.  Origin of the Modern Trial by Jury, 1350.

In the reign of Henry’s son John, the Church abolished the Ordeal (S91) throughout Christendom (1215).  It then became the custom in England to choose a petty jury, acquainted with the facts, whoch confirmed or denied the accusations brought by the grand jury.  When this petty jury could not agree, the decision of a majority was sometimes accepted.

The difficulty of securing justice by this method led to the custom of summoning witnesses.  These witnesses appeared before the petty jury and testified for or against the party accused.  In this way it became possible to obtain a unanimous verdict.

The first mention of this change occurs more than a hundred and thirty years later, in the reign of Edward III (1350); and from that time, perhaps, may be dated the true beginning of our modern method, by which the jury bring in a verdict, not from what they personally know, but from evidence sworn to by those who do.

177.  The King’s Last Days.

Henry’s last days were full of bitterness.  Ever since his memorable return from the Continent (S172), he had been obliged to hold the Queen a prisoner lest she should undermine his power (S171).  His sons were discontented and rebellious.  Toward the close of his reign they again plotted against him with King Philip of FRance.  Henry then declared war against that country.

When peace was made, Henry, who was lying ill, asked to see a list of those who had conspired against him.  At the head of it stood the name of his youngest son, John, whom he trusted.  At the sight of it the old man turned his face to the wall, saying, “I have nothing left to care for; let all things go their way.”  Two days afterward he died of a broken heart.