h it: he only admitted either
of the parties to challenge a trial by an assize or jury of twelve
freeholders [u]. This latter method of trial seems to have been very
ancient in England, and was fixed by the laws of King Alfred: but the
barbarous and violent genius of the age had of late given more credit
to the trial by battle, which had become the general method of
deciding all important controversies. It was never abolished by law
in England; and there is an instance of it so late as the reign of
Elizabeth; but the institution revived by this king, being found more
reasonable and more suitable to a civilized people, gradually
prevailed over it.
[FN [u] Glanv. lib. 2. cap. 7.]
The partition of England into four divisions, and the appointment of
itinerant justices to go the circuit in each division, and to decide
the causes in the counties, was another important ordinance of this
prince, which had a direct tendency to curb the oppressive barons, and
to protect the inferior gentry and common people in their property
[w]. Those justices were either prelates or considerable noblemen;
who, besides carrying the authority of the king's commission, were
able, by the dignity of their own character, to give weight and credit
to the laws.
[FN [w] Hoveden, p. 590.]
That there might be fewer obstacles to the execution of justice, the
king was vigilant in demolishing all the new-erected castles of the
nobility, in England as well as in his foreign dominions; and he
permitted no fortress to remain in the custody of those whom he found
reason to suspect [x].
[FN [x] Benedict. Abbas, p. 202. Diceto, p. 585.]
But lest the kingdom should be weakened by this demolition of the
fortresses, the king fixed an assize of arms, by which all his
subjects were obliged to put themselves in a situation for defending
themselves and the realm. Every man possessed of a knight's fee was
ordained to have for each fee a coat of mail, a helmet, a shield, and
a lance; every free layman, possessed of goods to the value of sixteen
marks, was to be armed in like manner; every one that possessed ten
marks was obliged to have an iron gorget, a cap of iron, and a lance;
all burgesses were to have a cap of iron, a lance, and a wambais; that
is, a coat quilted with wool, tow, or such like materials [y]. It
appears that archery, for which the English were afterwards so
renowned, had not, at this time, become very common among them. The
spear was the
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