Twelve fair men, England’s Jury system

The development of the jury system in England is a fascinating journey that reflects the country’s evolving legal and social structures. This article explores the contributions of the Anglo-Saxons, Vikings, and Normans to the jury system, as well as the potential influences of Roman and Celtic traditions.

Early Contributions: Anglo-Saxons and Vikings

Anglo-Saxons:

The Anglo-Saxons laid some foundational elements for the jury system. King Æthelred the Unready issued a legal code at Wantage, requiring twelve leading thegns (minor nobles) of each wapentake (a small district) to swear to investigate crimes without bias. These early juries were self-informing, meaning they were expected to investigate cases themselves rather than just hearing evidence in court.

Vikings:

The Vikings, particularly the Danes, had a significant influence on the development of the jury system. They introduced the “thing,” a governing assembly where free men gathered to hear legal arguments and resolve disputes. Danish towns in England often had twelve hereditary “law men” who played a crucial role in legal proceedings. The practice of forming committees among free men in court, introduced by the Danes, laid favorable ground for the future growth of the jury system.

The Norman Influence

The Normans played a pivotal role in refining and institutionalizing the jury system in England. After the Norman Conquest in 1066, William the Conqueror and his successors made several crucial changes:

Henry II’s Reforms:
- Land Disputes: Henry II established juries of twelve free men to resolve land disputes. Unlike modern juries, these men were charged with uncovering the facts of the case on their own rather than just listening to arguments in court.
- Grand Jury: Henry II introduced the concept of the “grand jury” through his Grand Assize. This jury was responsible for presenting accusations of serious crimes, which laid the groundwork for the modern grand jury system.
End of Trial by Ordeal: The end of trial by ordeal in 1215, mandated by Pope Innocent III, further developed the role of the jury in providing verdicts based on evidence rather than divine intervention.

Roman and Celtic Influences

Roman Influence:

While the Roman legal system was highly sophisticated, its direct influence on the English jury system is less clear. Roman law emphasized written codes and professional judges, which contrasts with the early English reliance on community-based decision-making. However, the Roman emphasis on legal processes and documentation may have indirectly influenced later developments in English law.

Celtic Influence:

Celtic legal traditions, particularly those of the Britons and Irish, also emphasized communal decision-making and the involvement of local leaders in resolving disputes. These practices likely influenced the Anglo-Saxon and Viking legal traditions, contributing to the communal aspects of the early jury system.

Comparative Contributions

Anglo-Saxons vs. Vikings:

Anglo-Saxons: Introduced the concept of using groups of twelve to investigate crimes, laying an early foundation for the jury system.
Vikings: Brought the practice of the “thing” and the use of twelve hereditary “law men,” which directly influenced the formation of juries as committees of free men.

While both the Anglo-Saxons and Vikings contributed to the development of the jury system, the Vikings’ practice of forming legal committees and their use of twelve “law men” had a more direct and significant influence on the early formation of the jury system in England.

Conclusion

The development of the jury system in England is a testament to the blending of various legal traditions. The Anglo-Saxons and Vikings laid the groundwork, with the Normans refining and institutionalizing the system. Roman and Celtic influences, while less direct, also played a role in shaping the broader legal context. The jury system, as it evolved, became a cornerstone of English common law, influencing legal systems around the world. The jury system’s enduring legacy lies in its emphasis on community participation, fairness, and the rule of law, principles that continue to underpin modern legal systems.

References

Anglo-Saxon Contributions

King Æthelred’s Legal Code: The legal code issued at Wantage requiring twelve thegns to investigate crimes is discussed in Patrick Wormald’s The Making of English Law: King Alfred to the Twelfth Century (1999), which examines early English legal traditions.
Self-Informing Juries: The concept of self-informing juries in Anglo-Saxon England is explored in R.C. van Caenegem’s The Birth of the English Common Law (1973), which highlights the roots of communal justice systems.

Viking Influence

The Thing Assembly: The Viking “thing,” a governing assembly of free men, is detailed in Jenny Jochens’ Women in Old Norse Society (1995), which discusses legal practices in Norse culture.
Twelve Hereditary Law Men: The role of hereditary law men in Danish towns and their influence on English legal systems is analyzed in Gwyn Jones’ A History of the Vikings (1968).

Norman Reforms

Henry II’s Grand Assize: The introduction of juries for land disputes and the grand jury system under Henry II is discussed in Ralph V. Turner’s The Reign of Henry II: From Innovation to Aversion (2000).
Trial by Ordeal and Jury Development: The abolition of trial by ordeal after Pope Innocent III’s mandate in 1215 and its impact on jury trials is explored in John Hudson’s The Formation of the English Common Law (1996).

Roman and Celtic Influences

Roman Legal Traditions: The Roman emphasis on written codes and professional judges, contrasting with English communal decision-making, is analyzed in Peter Stein’s Roman Law in European History (1999).
Celtic Communal Justice: Celtic traditions emphasizing local leaders’ involvement in dispute resolution are discussed in Fergus Kelly’s A Guide to Early Irish Law (1988).

Comparative Contributions

Anglo-Saxons vs Vikings: The comparative influence of Anglo-Saxon and Viking practices on the jury system is explored in Thomas Charles-Edwards’ Early Medieval Kingship and Society (1977), which highlights their distinct approaches to communal justice.

Conclusion

Evolution of English Common Law: The blending of various legal traditions into the jury system as a cornerstone of English common law is analyzed in Sir Frederick Pollock and Frederic William Maitland’s The History of English Law Before the Time of Edward I (1895).
Global Influence: The jury system’s impact on legal systems worldwide is discussed in William Blackstone’s Commentaries on the Laws of England (1765–1769), a foundational text for understanding English law.