Great Britain -- History -- Henry II, 1154-1189; Henry II, King of England, 1133-1189
In the Church as in the State the royal power was unquestioned. A papal
legate arrived in October, who proved a tractable servant of the king;
"with the right hand and the left he took gifts, which he planted
together in his coffers". His coming gave Henry opportunity to carry out
at last through common action of Church and State his old scheme of
reforms. In the Assize of Northampton, held in January 1176, the king
confirmed and perfected the judicial legislation which he had begun ten
years before in the Assize of Clarendon. The kingdom was divided into
six circuits. The judges appointed to the circuits were given a more
full independence than they had before, and were no longer joined with
the sheriffs of the counties in their sessions, their powers were
extended beyond criminal jurisdiction to questions of property, of
inheritance, of wardship, of forfeiture of crown lands, of advowsons to
churches, and of the tenure of land. For the first time the name of
Justitiarii Itinerantes was given in the Pipe Roll to these travelling
justices, and the anxiety of the king to make the procedure of his
courts perfectly regular, instead of depending on oral tradition, was
shown by the law books which his ministers began at this time to draw
up. As a security against rebellion, a new oath of fealty was required
from every man, whether earl or villein, fugitives and outlaws were to
be more sharply sought after, and felons punished with harsher cruelty.
"Thinking more of the king than of his sheep," the legate admitted
Henry's right to bring the clergy before secular courts for crimes
against forest law, and in various questions of lay fiefs; and agreed
that murderers of clerks, who till then had been dealt with by the
ecclesiastical courts, should bear the same punishment as murderers of
laymen, and should be disinherited. Religious churchmen looked on with
helpless irritation at Henry's first formal victory over the principles
of Thomas; in the view of his own day he had "renewed the Assize of
Clarendon, and ordered to be observed the execrable decrees for which
the blessed martyr Thomas had borne exile for seven years, and been
crowned with the crown of martyrdom."
Public-domain text, read in full here on John Shaqi.
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