. There kneeling at Alexander's feet, and surrounded by weeping cardinals, he delivered into the Pope's hands the written "cust
rtified with visions of martyrdom, and prepared himself fitly to fulfil this glorious destiny. Nor did he forget the uses of political intrigue; it was easy to enlist on his side the orthodoxy of the French king and of the house of Blois; and the intimate knowledge which he had of his master's continental policy was henceforth at the disposal of the hereditary enemies of Henry. A tumult of political alarms filled the air. Ambassadors from both sides hurried to every court, to the Emperor, the Pope, the King of France, the Count of Flanders, the Empress Matilda at Rouen. It was the
or the less dangerous forms of ordeal might have afforded, and was sent to the almost certain condemnation of the ordeal by water; if by some rare fortune he should escape from this alive he was banished from the kingdom as a man of evil reputation. All freemen were ordered to attend the courts held by the justices. The judges were given power to enter on all estates of the nobles, to see that the men of the manor were duly enrolled under the system of "frank-pledge," in groups of ten men bound to answer for one another as "pledges" for all purposes of police. Strict rules were made to prevent the possible escape of criminals. The sheriffs were ordered to aid one another in carrying the hue and cry after them from one country to another; no "liberty" or "honour" might harbour a malefactor against the king's officers; sheriffs were to give to the justices in writing the names of all fugitives, so that they might be sought through all England; everywhere jails, in which doubtful strangers or suspected rogues might be shut up for safe keeping in case th
ourts found themselves practically robbed of power and influence. The ordinary courts fell into insignificance beside those summoned by the king's judges, thronged as they were with the crowd of rich and poor, trembling at the penalty of a ruinous fine for non-attendance or full of a newly-kindled hope of justice. Important cases were more and more withdrawn from the sheriffs and given to the justices. They entered the estates of the nobles, even the franchises, liberties, and manors which had been freed from the old courts of the shire or hundred; they reviewed their decisions and interfered with their judgments. It is true that the system esta
very crime of serf or hired servant under him, or even for the offences of any starving and worn-out pilgrim or traveller to whom he had given a three days' shelter.. In the remotest regions of the country barons and knights and freeholders were called to aid in carrying out the law. The "jurors" must be ready at the judges' summons wherever and whenever they were wanted. They must be prepared to answer fully for their district; they must expect to be called on all sorts of excuses to Westminster itself, and no hardships of the journey from the farthest corner of the land might keep them back. The "knights of the shire" were summoned as "recognitors" to give their testimony in all questions of property, public privilege, rights of trade, local liberties, exemption from taxes; if the king demanded an "aid" for the marriage of his daughter or the coming of age of his son, they assessed the amount to be paid; if he wanted to count an estate a
ht in the wheel of his mill the sheriff must see the price of it paid to the royal treasury. In the country districts where coin was perhaps scarcely ever seen, where wages were unknown, and such little traffic as went on was wholly a matter of barter, the peasants must often have been put to the greatest straits to find money for the fines. Year after year baron as well as peasant and farmer saw his waggons and horses, or his store of honey, eggs, loaves, beer, the fish from his pond or the fowls from his yard, claimed by the purveyors who provided for the judges and their followers, and paid for by such measures and such prices as seemed good to the greedy contractors. The people at large groaned under the heavy burden of fines and penalties and charges for the maintenance of an unaccustomed justice. When in the vis
ofessional 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 Glanv
hich 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 la
certain, transitional, Henry's legislation established this tradition for England. By his Assize Englishmen were still to be tried in their ancient courts. Justice was to be administered by the ancient machinery of shire-moot and hundred-moot, by the legal men of hundred and township, by the lord and his steward. The shire-moot became the king's court in so far as its president was a king's judge and its procedure regulated by the king's decree; but it still remained the court of the people, to which the freemen gathered as their fathers had done to the folk-moot, and where judgment could only be pronounced by the verdict of the freeholders who sat in the court. The king's action indeed was determined by a curious medley of chance circumstances and rooted prejudices. The canon law was fast spreading over his foreign states, and wherever the canon law came in the civil law followed in its train. But in England loca