The Norman method of settling disputed was by Trial by Battle, in
which the contestants or their champions fought the matter out either
with swords or cudgels (S148). There were those who objected to this
club law. To them the King offered the privilege of leaving the
decision of twelve knights, chosen from the neighborhood, who were
supposed to know the facts. (See the Constitutional Summary in the
Appendix, p. vi, S8.)
In like manner, when the judges passed through a circuit, a grand jury
of not less than sixteen was to report to them the criminals of each
district. These the judges forthwith sent to the Church to be
examined by the Ordeal (S91). If convicted, they were punished; if
not, the judges considered them to be suspicious characters, and
ordered them to leave the country within eight days. In that way the
rascals of that generation were summarily disposed of.
Henry II may rightfully be regarded as having taken the first step
toward founding the system of Trial by Jury, which England, and
England alone, fully matured. That method has since been adopted by
every civilized country of the globe. (See the Constutional Summary
in the Appendix, p. vii, S8.)