Our Legal Heritage: The First Thousand Years: 600 - 1600: King Aethelbert - Queen ElizabethReilly, S. A.
History
Our Legal Heritage: The First Thousand Years: 600 - 1600: King Aethelbert - Queen Elizabeth
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. Eleanor often served as regent during
Henry's reign and the reigns of their two sons: Richard, the
Lion-Hearted, and John. 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.
Henry revived and augmented the laws and institutions of his
grandfather, Henry I, 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.
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. 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
sheep-shearing and harvesting. Frankpledge was revived. 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 judges.
Henry had character and the foresight to build up a centralized
system of government that would survive him. He learned about
the shires' 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 patch-work 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.
He developed the methods and structure of government so that
there was a great increase in the scope of administrative
activity without a concurrent increase of personal power of the
officials who discharged it. The government was self- regulating,
with methods of accounting and control which meant that no
official, however exalted, could entirely escape the
surveillance of his colleagues and the King. At the same time,
administrative and judicial procedures were perfected so that
much which had previously required the King's personal attention
was reduced to routine.
Public-domain text, read in full here on John Shaqi.
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