Page:Western Europe in the Middle Ages.djvu/110

94 power of rulers depended largely on the reputation of their courts. The most effective way to punish a strong vassal was to persuade his fellow-vassals that he had been justly condemned in court; then the feudal army would rally behind the lord. Justice, to a twelfth-century man, was the key to good government, peace, and security. For this reason, the men of the twelfth century made a tremendous effort to improve their judicial systems. In the South the study of Roman law was revived; in the North the customary laws were worked over until a start at their codification could be made. An authoritative summary of the law of the Church (canon law) was given in the Decretum of the monk Gratian. At the same time that the law was being restated in a more logical and consistent way, there was a wide-spread attempt to improve procedure. Early medieval courts had been almost helpless when faced with contradictory statements by opposing parties; they took refuge in the judgment of God. During the twelfth century, there was general dissatisfaction with the old methods of compurgation and ordeal, and many experiments with new methods of proof were devised. In regions of customary kw an attempt was made to get at the facts through questioning of witnesses or the use of juries. In regions where the Roman law tradition was strong, the judge was given power to decide a case after an examination of oral and written testimony. Everywhere there was an attempt to secure solid evidence, in one way or another, and to base decisions on evidence.

Even more important than these technical improvements was a change in the spirit of the people, a growing desire to obtain legal solutions of controversies instead of fighting them out. In fact, this pressure from below was at least as influential in bringing about changes in administration of justice as planning from above. When more people sought the courts, the courts had to become more efficient. When courts tried many cases a term instead of two or three a year, they gained the experience which made it