The
decision-making of itinerant justices on circuits begins the
process which makes the custom of the Royal Court the common law
of the nation. The county courts, where the travelling justices
heard all manner of business in the counties, adopted the
doctrines of the Royal Court, which then acquired an appellate
jurisdiction. The itinerant justices came from the same small
group of royal justices who were on the Royal Court and the
Exchequer, which was headed by the justiciar. Difficult cases were
decided by the king and wise men of his council.
Tenants of manors and of escheats in royal hands, who had been
excused from the monthly county court, were required to appear.
Side by side with the reeve and four men of the rural townships
appeared the twelve legal men of each of the chartered boroughs
which owed no suit to the ordinary county court. In the formation
of the jury of presentment for criminal cases, each hundred sent
twelve legal men and each township four to make report to the
justices. Women did not serve on juries. Compurgation was not
used; accused persons were sent directly to the ordeal. In 1194,
twelve knights or legal men from each hundred answer before any
itinerant justice for their hundred in all criminal, civil, and
fiscal cases. All who are bound to attend before the itinerant
justices are, in the forest counties, compelled to attend the
forest courts.
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