Europe in the Middle AgesPlunket, Ierne L. (Ierne Lifford)
History
Europe in the Middle Ages
Plunket, Ierne L. (Ierne Lifford)
Europe -- History -- 476-1492
Instead of driving his barons into sulky isolation Henry summoned
them frequently to his _Magnum Concilium_, or ‘Great Council’, and
asked their advice. When they objected to serving with their followers
in France as often as he wished, he arranged a compromise that was
greatly to his advantage. This was the institution of ‘Scutage’, or
‘Shield-money’, a tax paid by the barons in order to escape military
service abroad. With the funds that ‘scutage’ supplied Henry could
hire mercenary troops, while the feudal barons lost a military
training-ground.
Besides consulting his ‘Great Council’, destined to develop into our
national parliament, Henry strengthened the _Curia Regis_, or ‘King’s
Court’, that his grandfather, Henry I, had established to deal with
questions of justice and finance. The barons in the time of Stephen had
tried to make their own feudal courts entirely independent of royal
authority; but Henry, besides establishing a central Court of Justice
to which any subject who thought himself wronged might appeal for a new
trial, greatly improved and extended the system of ‘Itinerant Justices’
whose circuits through the country to hold ‘Pleas of the Crown’ had
been instituted by Henry I.
This interference he found was resented not only by the feudal courts
but also by the Sheriffs of the County Courts, the Norman form of the
old ‘shire-moots’, a popular institution of Anglo-Saxon times. Of late
years the latter courts had more and more fallen under the domination
of neighbouring landowners, and in order to free them Henry held an
‘Inquest’ into the doings of the Sheriffs, and deposed many of the
great nobles who had usurped these offices, replacing them by men of
lesser rank who would look to him for favour and advice.
Other sovereigns in Europe adopted somewhat similar means of exalting
royal authority; but England was fortunate in possessing such popular
institutions as the ‘moots’ or ‘meetings’ of the shire and ‘hundred’,
through which Henry could establish his justice, instead of merely
through crown officials who would have no personal interest in local
conditions.
By the Assize of Clarendon it was decreed that twelve men from each
hundred and four from each township should decide in criminal cases who
amongst the accused were sufficiently implicated to be justly sentenced
by the royal judges. Local representatives also were employed on other
occasions during Henry’s reign in assisting his judges in assessing
taxes and in deciding how many weapons and of what sort the ordinary
freeman might fittingly carry to the safety of his neighbours and of
himself. In civil cases, as when the ownership of land or personal
property was in dispute, twelve ‘lawful men’ of the neighbourhood,
or in certain cases twelve Knights of the Shire, were to be elected
to help the Sheriff arrive at a just decision. In this system of
‘recognition’, as it was called, lay the germ of our modern jury.
Public-domain text, read in full here on John Shaqi.
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