Adapted from Early European History by Hutton Webster (1917)

Henry II, who ascended the English throne in 1154 C.E., was a grandson of William the Conqueror and the first of the famous Plantagenet family, Henry spent more than half of his reign abroad, looking after his extensive possessions in France, but this fact did not prevent him from giving England good government. Three things in which all Englishmen take special pride—the courts, the jury system, and the Common law—began to take shape during Henry's reign.

Henry, first of all, developed the royal court of justice. This had been, at first, simply the court of the king's chief vassals, corresponding to the local feudal courts. Henry transformed it from an occasional assembly of warlike nobles into a regular body of trained lawyers, and at the same time opened its doors to all except serfs. In the king's court any freeman could find a justice that was cheaper and speedier than that dispensed by the feudal lords. The higher courts of England have sprung from this institution.

Henry also took measures to bring the king's justice directly to the people. He sent members of the royal court on circuit throughout the kingdom. At least once a year a judge was to hold an assembly in each county and try such cases as were brought before him. This system of circuit judges helped to make the law uniform in all parts of England.

The king's court owed much of its popularity to the fact that it employed a better form of trying cases than the old ordeal, oath-swearing, or judicial duel. Henry introduced a method of jury trial which had long been in use in Normandy. When a case came before the king's judges on circuit, they were to select twelve knights, usually neighbors of the parties engaged in the dispute, to make an investigation and give a "verdict" as to which side was in the right. These selected men bore the name of "jurors," because they swore to tell the truth. In Henry's time this method of securing justice applied only to civil cases, that is, to cases affecting land and other forms of property, but later it was extended to persons charged with criminal offenses. Thus arose the "petty jury," an institution which nearly all European peoples have borrowed from England.

Another of Henry's innovations developed into the "grand jury." Before his time, many offenders went unpunished, especially if they were so powerful that no private individual dared accuse them. Henry provided that when the king's justices came to a county court, a number of selected men should be put upon their oath and required to give the names of any persons whom they knew or believed to be guilty of crimes. Such persons were then to be arrested and tried. This "grand jury," as it came to be called, thus had the public duty of making accusations, whether its members felt any personal interest in the matter or not.

The decisions handed down by the legal experts who composed the royal court formed the basis of the English system of jurisprudence. It received the name “Common law” because it grew out of such customs as were common to the realm, as distinguished from those which were merely local. This law, from Henry's II's time, became so widespread and so firmly established that it could not be supplanted by the Roman law followed on the Continent. Carried by English colonists across the seas, it has now come to prevail throughout a great part of the world.