Our Legal Heritage: King AEthelbert - King George III, 600 A.D. - 1776Reilly, S. A.
History
Our Legal Heritage: King AEthelbert - King George III, 600 A.D. - 1776
Reilly, S. A.
Law -- England -- History
King Henry II and Queen Eleanor, who was twelve years older,
were both intelligent, educated, energetic, well-traveled, and
experienced in affairs of state. Henry was the first Norman king to be
fully literate and he learned Latin. He had many books and maintained a
school. Eleanor often served as regent during Henry's reign and the
reigns of their two sons: Richard I, the Lion- Hearted, and John. She
herself headed armies. Henry II was a modest, courteous, and patient
man with an astonishing memory and strong personality. He was
indifferent to rank and impatient of pomp to the point of being
careless about his appearance. He usually dressed in riding clothes and
was often unkempt. He was thrifty, but generous to the poor. He was an
outstanding legislator and administrator.
Henry II took the same coronation oath as Edward the Confessor
regarding the church, laws, and justice. Not only did he confirm the
charter of his grandfather Henry I, but he revived and augmented the
laws and institutions of his grandfather and developed them to a new
perfection. Almost all legal and fiscal institutions appear in their
first effective form during his reign. For instance, he
institutionalized the assize for a specific function in judicial
proceedings, whereas before it had been an ad hoc body used for various
purposes. The term "assize" here means the sitting of a court or
council. It came to denote the decisions, enactments, or instructions
made at such.
Henry's government practiced a strict economy and he never
exploited the growing wealth of the nation. He abhorred bloodshed and
the sacrifice of men's lives. So he strove diligently to keep the
peace, when possible by gifts of money, but otherwise with armed force.
Robbers were hanged and any man who raped a woman was castrated.
Foreign merchants with precious goods could journey safely through the
land from fair to fair. These fairs were usually held in the early
fall, after harvesting and sheep shearing. Foreign merchants bought
wool cloth and hides. Frankpledge was revived, now applying to the
unfree and villeins. No stranger could stay overnight (except for one
night in a borough), unless sureties were given for his good behavior.
A list of such strangers was to be given to itinerant justices.
Henry had character and the foresight to build up a centralized
system of government that would survive him. He learned about the
counties' and villages' varying laws and customs. Then, using the model
of Roman law, he gave to English institutions that unity and system
which in their casual patchwork development had been lacking. Henry's
government and courts forged permanent direct links between the king
and his subjects which cut through the feudal structure of lords and
vassals.
Public-domain text, read in full here on John Shaqi.
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