In France, this effort to create a royal judicial system was launched by Louis IX (r. 1226–
In the Holy Roman Empire, justice was administered at multiple levels. The manorial or seigneurial court, presided over by the local lay or ecclesiastical lord, dealt with matters such as damage to crops and fields, trespass, boundary disputes, and debt. Dukes, counts, bishops, and abbots possessed authority over larger regions, and they dispensed justice in serious criminal cases there. The Holy Roman emperors established a court of appeal similar to that of the French kings, but in their disunited empire it had little power.
England also had a variety of local laws, with procedures and penalties that varied from one part of the country to another. Henry I occasionally sent out circuit judges, royal officials who traveled a given circuit or district, to hear civil and criminal cases. Henry II (r. 1154–
Henry also improved procedure in criminal justice. In 1166, he instructed the sheriffs to summon local juries to conduct inquests and draw up lists of known or suspected criminals. This accusing jury is the ancestor of the modern grand jury. During the course of the thirteenth century, the king’s judges gradually adopted the practice of calling on twelve people to consider the question of innocence or guilt; this was the forerunner of the trial jury.
One aspect of Henry II’s judicial reforms encountered stiff resistance from an unexpected source. In 1164, Henry insisted that everyone, including clerics, be subject to the royal courts. The archbishop of Canterbury Thomas Becket, who was Henry’s friend and former chief adviser, vigorously protested that church law required clerics to be subject to church courts.
The disagreement between king and archbishop dragged on for years. Late in December 1170, in a fit of rage, Henry expressed the wish that Becket be destroyed. Four knights took the king at his word. They rode to Canterbury Cathedral and, as the archbishop was leaving evening services, murdered him. The assassination of an archbishop turned public opinion in England and throughout western Europe against the king, and Henry had to give up his attempts to bring clerics under the authority of the royal courts.