Jury Court Trial : History of Law Assize of Clarendon simplified SQE Hesham Rafei

History of Law
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163 Video Views·Oct 20, 2024
The Assize of Clarendon, History of Law, Explained.
In 1166, King Henry II of England promulgated the Assize of Clarendon,
which transformed English law and led to trial by jury. King Henry inherited a kingdom where law
and order had broken down during the anarchy and the civil war. He also had to face the
challenge of canon law, as the growing power of the papacy threatened his authority. Henry
needed to regain control of the law by restricting the church court's ability to punish the clergy.
The Assize required 12 men from each locality to announce publicly and under oath those they
suspected of crimes. Those found guilty by the ordeal faced a fine, confiscation of property,
and the amputation of a hand as well as a foot. The use of juries gradually extended until trial
by jury became a hallmark of the British legal tradition. Henry's reforms also laid the basis for
common law. The grand jury's role continued to evolve, and by the 17th century it had ceased
functioning as an enforcer for the crown and became a safeguard against arbitrary prosecutions.
By the mid-17th century, the English grand jury made its way to the American colonies,
where it soon found a hallowed place in the Bill of Rights.
