Great Britain -- History -- Plantagenets, 1154-1399; Plantagenet, House of
It is one of the most distinct marks of Henry’s mind, that whatever
pressure his most engrossing employments put upon him, he never for
a moment gave up the task of developing the great legal reforms with
which he began his reign. Even at the siege of Bridgenorth, in 1155,
he had lent an ear to the suit of the monks of Battle; in the very
thick of the Becket struggle he was busily employed in reforming the
criminal law and introducing or expanding the system of presentment by
grand jury. The same purpose is constantly maintained, and every great
and famous exploit of his adventurous life may be matched with some
measure of practical reform, some step in the progress of a policy by
which his people were to be made safer and his own power consequently
to be made stronger. Throughout the whole reign there may be traced a
constant and progressive policy of taking power out of the hands of
the great vassals of the crown, of entrusting power to the great body
of the freemen of the nation, and of consolidating the royal authority
by employing the people in the maintenance of law. The blow struck at
the military power of feudalism by the institution of scutage, the
commutation of personal service in the field for a money payment, was
one of the first of his distinctive measures. The judicial power of
the same body he limited, quite as much, by the mission of itinerant
judges throughout the country to hear the suits of the people and to
punish criminals. These visitations had been practised under Henry
I.; they were restored by Henry II., at the beginning of the reign.
These officers were employed not only for the trial of prisoners and
determination of lawsuits, but for the assessment and collection of
revenue. When the national council had decreed a tax, the itinerant
judges, as Barons of the Exchequer, travelled through the land, fixing
the payments to be made by the towns or by individuals. It was not a
very difficult business, for as all the revenue was raised from the
land and the land remained divided in much the same proportions as
it was in the Domesday Book, that famous record became, as it were,
the rate-book of the country; every land-owner could refer to it, to
see what was the valuation of his property, and be taxed accordingly.
Only the towns, therefore, which had grown in wealth and number since
the time of the Conqueror’s survey, would have occasion for debating
with the judges how much they would have to pay. Almost every year of
Henry’s reign we find these officers making their circuits, which are
the historical origin of the circuits of the Judges of Assize in the
present day. Sometimes, in the earlier part of the reign, one or two go
over the whole country; sometimes six circuits are made, each managed
by three judges; sometimes four circuits of four, or two circuits of
five or more. The chief epochs of this development are these: the year
1166, when the Assize of Clarendon was published; the year 1176, when
Public-domain text, read in full here on John Shaqi.
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