The History of England from the Norman Conquest to the Death of John (1066-1216)Adams, George Burton
History
The History of England from the Norman Conquest to the Death of John (1066-1216)
Adams, George Burton
Great Britain -- History -- Medieval period, 1066-1485
sheriffs as purely local officers, and their increasing responsibilities
as royal officers on account of the growing importance of the king's
courts and particularly of the itinerant justice courts. So decided a
change, however, in the traditional way of doing business could only be
made with consent asked and obtained. There is no evidence that
opposition came from any one except Becket. He flatly refused to consent
to any such change, as he had a right to do so far as his own lands were
concerned, and declared that this tax should never be paid from them to
the public treasury. The motive of his opposition does not appear and is
not easy to guess. He stood on the historical purpose of the tax and
refused to consider any other use to which it might be put. Henry was
angry, but apparently he had to give up his plan. At any rate
unmistakable notice had been served on him that his plans for reform were
likely to meet with the obstinate opposition of his former chancellor.
This first quarrel was the immediate prelude to another concerning a far
more important matter and of far more lasting consequences.
Administration and jurisdiction, revenue and justice, were so closely
connected in the medieval state that any attempt to increase the revenue,
or to improve and centralize the administrative machinery, raised at once
the question of changes in the judicial system. But Henry II was not
interested in getting a larger income merely, or a closer centralization.
His whole reign goes to show that he had a high conception of the duty of
the king to make justice prevail and to repress disorder and crime. But
this was a duty which he could not begin to carry out without at once
encountering the recognized rights and still wider claims of the Church.
Starting from the words of the apostle against going to law before
unbelievers, growing at first as a process of voluntary arbitration
within the Church, adding a criminal side with the growth of disciplinary
powers over clergy and members, and greatly stimulated and widened by the
legislation of the early Christian emperors, a body of law and a
judicial organization had been developed by the Church which rivalled
that of the State in its own field and surpassed it in scientific form
and content. In the hundred years since William the Conqueror landed in
England this system had been greatly perfected. The revival of the Roman
law in the schools of Italy had furnished both model and material, but
more important still the triumph of the Cluniac reformation, of the ideas
of centralization and empire, had given an immense stimulus to this
growth, and led to clearer conceptions than ever before of what to do and
how to do it. When the state tardily awoke to the same consciousness of
opportunity and method, it found a large part of what should have been
its own work in the hands of a rival power.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account