England under the Angevin Kings, Volume IINorgate, Kate
History
England under the Angevin Kings, Volume II
Norgate, Kate
Anjou, House of; England -- Civilization -- 1066-1485; Great Britain -- History -- Angevin period, 1154-1216
king himself in council with his “wise men”--a phrase which, while on
the one hand it carries us back to the very earliest form of the Curia
Regis, on the other points onward to its later developements in the
modern tribunals of equity or of appeal, the courts of Chancery and of
the Privy Council in its judicial capacity.[869]
[866] _Ib._ p. lxx and note 3.
[867] _Ib._ vol. i. pp. 207, 208.
[868] Stubbs, _Gesta Hen._, vol. ii., pref. p. lxxi and note 2.
[869] Stubbs, _Constit. Hist._, vol. i. pp. 486, 487, 601–603;
_Gesta Hen._, vol. ii. pref. pp. lxxi, lxxiv–lxxvii.
All these changes in the circuits and in the Curia Regis had however
another motive. The chief obstacle to Henry’s judicial and legal
reforms was the difficulty of getting them administered according to
the intention of their author. It was to meet this difficulty that
Henry, as a contemporary writer says, “while never changing his mind,
was ever changing his ministers.”[870] He had employed men chosen
from every available class of society in turn, and none of his
experiments had altogether brought him satisfaction. Feudal nobles,
court officials, confidential servants and friends, had all alike
been tried and, sooner or later, found wanting.[871] There was only
one who had never yet failed him in a service of twenty-five years’
duration--Richard de Lucy “the loyal”; but in the summer of 1179
Richard de Lucy, to his master’s great regret, resigned his office of
justiciar and retired to end his days a few months later as a brother
of an Augustinian house which he had founded at Lesnes in Kent to
the honour of S. Thomas of Canterbury.[872] Henry in this extremity
fell back once more upon a precedent of his grandfather’s time and
determined to place the chief administration, for the moment at
least, again in clerical hands. Instead of a single justiciar-bishop,
however, he appointed three--the bishops of Winchester, Ely and
Norwich;[873] all of whom, under their earlier appellations of Richard
of Ilchester, Geoffrey Ridel and John of Oxford, had long ago acquired
ample experience and shewn ample capacity for the work of secular
administration.[874]
[870] “Sic animum a proposito non immutans, circa personas
mutabiles immutabilem semper sæpe mutavit sententiam.” R.
Diceto (Stubbs), vol. i. p. 434--part of a long passage which
sets forth very fully the motives and the general aims and
results of Henry’s administrative changes.
[871] R. Diceto as above, pp. 434–435.
[872] _Gesta Hen._ (Stubbs), vol. i. p. 238. Cf. Rog. Howden
(Stubbs), vol. ii. p. 190.
[873] R. Diceto as above, p. 435.
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