THE JUR r AND ITS DE VEL OPMEN T. 259 at the .great and rapid extension of it that followed. Questions raised by the exception and other incidental matters, were largely- disposed of in this way, either by consent of parties or order of court ; but to some extent the body of men thus procured was in early times distinguished by a different name from that which assembled under the king's ordinance ; it appears as the jurata. 1 Where the ordinance did not extend, and where a party would not consent to a. jurata, the old formal methods of proof prevailed ; and some of them continued for centuries. 2 But this again, among other causes, led to a resort to new forms of action, and in these the only mode of trial was the jury. By its intrinsic fairness as contrasted with older modes, and by the favor of the crown and the judges, it grew fast to be regarded as the one regular common-law mode of trial, always to be had when no other was fixed. 3 (4.) Some further mention should be made of thejfragmentary legislation of this reign. 4 In the Constitutions of Clarendon, in 1 1 64, — ista recordatio vel recognitio cujusdam partis consuetudi- num et libertatum et dignitatum antecessorum suorum, — matters between the king and the church were regulated. In c. 1 contro- versies about presentation and advowson (de advocatione et pre- sentation ecclesiarum) are placed under the jurisdiction of the King's court, — "for the decision of which the assise of darrein present- ment was issued, the only vestiges of which [#. e., of the assise or ordinance itself] are preserved in Glanville." 6 In c. vi. a jury of accusation is provided for, — faciet jurare daodecim legates homines de vicineto . . . quod inde veritatem secundum conscientiam suam manifestabunt. Inc. ix. the assise Utrutn appeared, — re- cognition duodecim legalium hominum. 6 In the Assise of Claren- don, in 1 166, provision is made for taking inquests throughout England by local juries of accusation, and for the trial of the chief cases by the ordeal. Such juries are also required in the Inquest of Sheriffs (1170), and the Assise of Arms (1181). In 1 See, however, Mr. Pike's learned consideration of this subject in Y. B. 12 & 13 Edw. III. pp. xxxix-lxx. 2 Harv. L. Rev. v. 45. 8 In 1275 (Stat. West. I. c. 12), one accused of felony, and refusing to put himself on a jury, is dealt with as refusing " the common law of the land." 4 For this see Stubbs, Charters. 8 Stubbs, Charters (6th ed.), 136. 8 See Professor Maitland's interesting article in the Law Quarterly Review, vii. 354, 359.
