Another of Henry's innovations developed into the "grand jury." Before his time many offenders went unpunished, especially if they were so powerful that no private individual dared accuse them. Henry provided that when the king's justices came to a county court a number of selected men should be put upon their oath and required to give the names of any persons whom they knew or believed to be guilty of crimes. Such persons were then to be arrested and tried. This "grand jury," as it came to be called, thus had the public duty of making accusations, whether its members felt any personal interest in the matter or not.
THE COMMON LAW
The decisions handed down by the legal experts who composed the royal court formed the basis of the English system of jurisprudence. It received the name Common law because it grew out of such customs as were common to the realm, as distinguished from those which were merely local. This law, from Henry's II's time, became so widespread and so firmly established that it could not be supplanted by the Roman law followed on the Continent. Carried by English colonists across the seas, it has now come to prevail throughout a great part of the world.
184. THE GREAT CHARTER, 1215 A.D.
RICHARD I AND JOHN, 1189-1216 A.D.
The great Henry, from whose legal reforms English-speaking peoples receive benefit even to-day, was followed by his son, Richard, the Lion-hearted crusader. [6] After a short reign Richard was succeeded by his brother, John, a man so cruel, tyrannical, and wicked that he is usually regarded as the worst of English kings. In a war with the French ruler, Philip Augustus, John lost Normandy and some of the other English possessions on the Continent. [7] In a dispute with Innocent III he ended by making an abject submission to the Papacy. [8] Finally, John's oppressive government provoked a revolt, and he was forced to grant the charter of privileges known as Magna Carta.
[Illustration: Map, DOMINIONS OF THE PLANTAGENETS IN ENGLAND AND FRANCE]
WINNING OF MAGNA CARTA, 1215 A.D.
The Norman Conquest had made the king so strong that his authority could be resisted only by a union of all classes of the people. The feudal lords were obliged to unite with the clergy and the commons, [9] in order to save their honor, their estates, and their heads. Matters came to a crisis in 1215 A.D., when the nobles, supported by the archbishop of Canterbury, placed their demands for reform in writing before the king. John swore furiously that they were "idle dreams without a shadow of reason" and refused to make any concessions. Thereupon the nobles formed the "army of God and the Holy Church," as it was called, and occupied London, thus ranging the townspeople on their side. Deserted by all except the hired troops which he had brought from the Continent, John was compelled to yield. At Runnimede on the Thames, not far from Windsor, he set his seal to the Great Charter.
[Illustration: EXTRACT FROM THE GREAT CHARTER Facsimile of the opening lines. Four copies of Magna Carta, sealed with the great seal of King John, as well as several unsealed copies, are in existence. The British Museum possesses two of the sealed copies; the other two belong to the cathedrals of Lincoln and Salisbury, respectively.]