When William the Conqueror took the throne of England in 1066, he brought with him a body of legal principles and procedures that had been developed in Normandy over the preceding centuries. Norman law was then adapted on an ad-hoc basis to suit English conditions and customs. But over the next century, it became clear that this inefficient patchwork of laws and conflicting judicial authorities was neither viable nor just. By the time of Henry II, who took the throne in 1154, it was clear that reform was necessary.
Henry II consolidated the courts into a centralized system of King's Courts with uniform rules of procedure. This was not entirely an altruistic act - he wanted to consolidate royal power by making judges answerable to him. He also sought to reduce the influence of the Church by cutting back on the jurisdiction of the ecclesiastical courts. But the result of Henry's reforms was a much fairer and more consistent judicial process. And it provided a firm foundation for the modern common-law systems of the United Kingdom and those nations (such as the United States and the British Commonwealth countries) that derive their own legal principles from English law.
In order to promulgate these reforms, Ranulf de Glanvill (or Ranulph de Glanville), Chief Justiciar of England under Henry II, put together a compendium of the new legal rules (in Latin, the scholarly language of the day) for the edification of judges and lawyers. The Tractatus de legibus et consuetudinibus regni Angliae (Treatise on the Laws and Customs of the Kingdom of England) was written in 1187-1189 and is considered to be the earliest treatise on English law. Thanks to the volunteers at Distributed Proofreaders and Project Gutenberg, a 19th-Century English version, A Translation of Glanville, is available for those who are curious about justice in 12th-Century England.
The translation, by English barrister John Beames, is copiously annotated, comparing Glanville's work with the legal developments that grew out of it. Being a product of the Middle Ages, Glanville's treatise describes some rather primitive procedures and ideas. People classed as "villeins" - essentially slaves - had very limited rights, as did women. Although the jury system was beginning to gain traction, some lawsuits could still be determined by a trial by combat (i.e., a duel) as an alternative to court proceedings. Even a judge accused of giving a false judgment could be tried by a duel!
Another barbaric practice of the time was the trial by ordeal, which was still very much a part of the 12th-Century criminal justice system, though beginning with Henry II's reforms it began to fade slowly. The accused was subjected to some extremely painful experience, on the presumption that if the person was innocent, God would preserve him or her from lasting harm. Common ordeals included holding or walking over red-hot irons, or plunging the accused's hand into boiling water. Glanville notes that, in a case of "Mayhem" (defined as "the breaking of any bone, or injuring the head, either by wounding or abrasion"), the accused had to prove his or her innocence "by the Ordeal, that is, by the hot Iron, if he be a free Man—by water, if he be a Rustic." If the resulting injury seemed to be healing within a few days, the accused was declared innocent; if it festered, the accused was declared guilty and subjected to whatever dreadful punishment was prescribed for the crime.
Among the most important and immediate reforms Glanville described, however, were the new procedures for bringing a civil lawsuit in the new King's Courts. The treatise gives meticulous attention to what the plaintiff must allege, when the parties must appear, and how many "essoins," or postponements, they could get, so that lawsuits could not be dragged on indefinitely. Glanville also discussed property issues, such as when and how a tenant can be removed from land - without the landlord resorting to forcible self-help - and how lawsuits regarding inheritances ought to proceed. These new rules brought order and fairness to what were once disorderly, arbitrary, and even violent processes.
The reforms Glanville expounded in his treatise brought England's legal system out of the dark ages, making it fairer and more efficient, and led to the more enlightened legal systems of today. Distributed Proofreaders and Project Gutenberg are proud to make this Translation of Glanville freely available to all.
This post was contributed by Linda Cantoni, a Distributed Proofreaders volunteer.
